Author Archives: Robert Walton, Esq.

In State v. Hale, 3d Dist. Marion County, 2023-Ohio-980, Hale was in big trouble, but this note is not about that. Hale’s aggravated vehicular homicide charge was elevated to a F1 because it was alleged that he was, at the time of the offense, “…driving under a suspension…imposed under Chapter 4510 or any other provision […]

Methods of Proof (if Defendant does not stipulate OR ADMIT) RC 2945.75(B) provides two methods, as follows: CERTIFIED copy of entry of judgment in prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the current case.  This method must comply with Ohio Crim. R. 32(C).  The […]

This post contains a summary and discussion of several cases that have shaped Fourth Amendment search and seizure law related to traffic stops and car searches: Robinette II and III– A lawful traffic stop ended. Was consent to search a car given during the subsequent unlawful detention voluntary and the product of free will? Caballes – […]

Andre Sanford was in a crash in October 2016.  He struck a motorcycle, killing the driver and left the scene.  An hour later he surrendered, admitted that he had been drinking and smoking weed, and submitted to a blood test.  Sometime later the test results indicated a prohibited amount of marijuana metabolites in his system. […]