4 posts from February 2013

ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue

Posted by Zukerman on Wednesday, February 27, 2013

Paul Johnson’s journey through the criminal justice system is over, and he walks the earth a free man. The Eighth District Court of Appeals reversed his convictions and vacated his sentences last week, a landmark decision interpreting H.B. 86, Ohio’s recent sentencing reform law. In May 2011, Johnson was indicted... Continue reading "ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue" …

ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court

Posted by Zukerman on Tuesday, February 26, 2013

In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion to suppress in which they argued that the state trooper... Continue reading "ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court" …

Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional.

Posted by Zukerman on Tuesday, February 26, 2013

Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without privilege to do so, shall knowingly solicit, coax,... Continue reading "Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional." …

US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises.

Posted by Zukerman on Monday, February 25, 2013

In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of defendant Chunon Bailey when detectives spotted Bailey and... Continue reading "US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises." …