Category Archives: General

Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home

Posted on September 7, 2021 by Robert Walton, Esq.

By Robert G. Walton Esquire and Danielle Muster, his law clerk. On June 23, 2021, the United States Supreme Court handed down a decision in Lange v. California, 594 U. S. ____(2021). The principal issue was whether the pursuit of a fleeing misdemeanor suspect categorically qualifies as an exigent circumstance justifying a warrantless entry into […]

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Keeping Clients Informed – Assigned-Counsel Fees

Posted on March 3, 2021 by Judge Deborah J. Nicastro

By Shaker Heights Municipal Court Magistrate Anne Walton-Keller Recently the Supreme Court of Ohio decided that a trial court, pursuant to R.C. 2941.51(D), may order a criminal defendant to pay his or her court-appointed-counsel fees without first articulating explicit findings about the defendant’s ability to pay. State v Taylor, 2020-Ohio-6786. Taylor was ordered to pay […]

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Miranda Custody

Posted on December 29, 2020 by Robert Walton, Esq.

Often, a person who has been detained (Terry stop, traffic stop) is “in custody ” for Miranda purposes before a formal arrest occurs. That is important because the procedural safeguards adopted by Miranda become necessary once a defendant is taken into custody.

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A Template-Motion in Limine to Exclude Evidence of a Chemical Test Refusal from Being Heard by a Jury

Posted on November 24, 2020 by Robert Walton, Esq.

In cases where the facts make it appropriate, the following sets forth a framework for excluding evidence of a refusal as proof of guilt in an OVI case and as proof of the element of refusal in an OVI-refusal with a prior OVI in the past 20 years case.

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Challenging Admissibility and Weight of BAC and SFST Results

Posted on September 9, 2020 by Robert Walton, Esq.

Challenging Admissibility and Weight of BAC and SFST Results Just because the results of a breath or blood alcohol concentration test and/or the results of Standardized Field Sobriety Tests (SFST’s) are determined to be in substantial compliance under their respective statutory exclusionary rules does not mean that the admissibility of such results cannot be challenged […]