13 posts categorized "Appeals"

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" …

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." …

Voting Rights in Flux in the Buckeye and Lone Star States

Posted by Zukerman on Thursday, September 13, 2012

Federal courts in Texas and Ohio have rolled back restrictions on voting rights put in place by state lawmakers, marking another development in the battle between the federal government and the states over who can vote and when. In Texas, Gov. Rick Perry recently signed a bill requiring voters to... Continue reading "Voting Rights in Flux in the Buckeye and Lone Star States" …

Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause

Posted by Zukerman on Friday, August 10, 2012

A recent U.S. Sixth Circuit Court of Appeals decision offers two important lessons: (1) A defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of his illegal conduct and his sentencing date; and (2) Bleaching $5 bills and using a copier to turn... Continue reading "Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause" …

Landmark Sixth Circuit Decision Upholds Lawyer’s Free Speech

Posted by Zukerman on Friday, August 3, 2012

It’s a cruel irony that lawyers, perhaps the most verbose citizens in the U.S., have more restrictions placed on their speech than any other citizen. State disciplinary rules and codes of professional responsibility govern what lawyers can and cannot say, how they may say it, and how they can advertise... Continue reading "Landmark Sixth Circuit Decision Upholds Lawyer’s Free Speech" …

Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow

Posted by Zukerman on Wednesday, July 11, 2012

In a unanimous opinion published yesterday, the Twelfth District Court of Appeals sided with the state and ruled that the results of a blood alcohol test performed by an Intoxilyzer 8000 may be admitted at trial against the defendant. In State v. Kormos, the Court reversed a municipal court’s decision... Continue reading "Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow" …

ZDL convinces Court of Appeals to reverse client’s convictions and seven-year prison sentence

Posted by Zukerman on Thursday, June 21, 2012

Convicted of drug trafficking and sentenced to seven years in prison, Roy Bell’s situation was bleak. Mr. Bell was convicted of marijuana trafficking with a schoolyard specification, drug possession, and possession of criminal tools. Mr. Bell was also forced to surrender his assets to the state. Attorneys at ZDL appealed... Continue reading "ZDL convinces Court of Appeals to reverse client’s convictions and seven-year prison sentence" …

ZDL wins third appellate victory, resulting in expungement of client’s felonies

Posted by Zukerman on Wednesday, June 20, 2012

It took three appeals, but the court of appeals ordered the trial court to expunge our client’s felony conviction. In 1998, M.D. was convicted of receiving stolen property, forgery, uttering, obstructing justice, and tampering with evidence. In 2009, M.D. applied to have his convictions expunged pursuant to R.C. 2953.32. The... Continue reading "ZDL wins third appellate victory, resulting in expungement of client’s felonies" …

Eighth District sides with ZDL, overturns precedent.

Posted by Zukerman on Wednesday, June 20, 2012

In a major victory for our client, attorneys at Zukerman, Daiker & Lear convinced the Eighth District Court of Appeals to overturn one of its own cases and find that the law required the trial court to conduct an evidentiary hearing on his expungement application. In 2005, defendant R.A. was... Continue reading "Eighth District sides with ZDL, overturns precedent." …