In State v. Jackson, the 8th District Court of Appeals reversed and remanded Mr. Jackson’s conviction of Rape, Gross Sexual Imposition, and Kidnapping because an agent of law enforcement violated Mr. Jackson’s constitutional rights by interrogating him without first providing Miranda warnings. On August 5, 2015, Mr. Jackson was arrested...
Continue reading "THE 8TH DISTRICT HOLDS: CUYAHOGA COUNTY DIVISION OF CHILDREN AND FAMILY SERVICES MUST PROVIDE MIRANDA WARNINGS WHEN INTERROGATING IN-CUSTODY DEFENDANTS." …
In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client's vehicle after observing that client's vehicle did not have a front license plate. The Trooper testified that he detected a strong odor of an alcoholic beverage on client's breath and that client's...
Continue reading "ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle " …
In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client's operating a motor vehicle while under the influence of alcohol ("OVI") and possession of marijuana charges. State Trooper stopped client for not having his headlights on. Upon approaching client, Trooper testified that he detected the...
Continue reading "ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana" …
In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol "OVI" in violation of City of Cleveland Ordinances 433.01A1 (basic OVI charge) and 433.01A4 (OVI charge relating to a breath...
Continue reading "ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor " …
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" …
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" …
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." …
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." …
By Larry W. Zukerman, Esq., and Richard L. Fenbert, Esq. Medical professionals who have been charged with a criminal offense face the collateral consequence that their professional license may be subject to suspension and/or revocation by the licensure board of their particular discipline. Physicians seeking legal counsel after being charged...
Continue reading "Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians" …
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" …
