Appeals court orders Erie County man discharged from postrelease supervision due to trial court error

In the 6th District Court of Appeals, a three-judge appellate panel recently found that a man could not be placed on postrelease control after serving a prison term if he was not notified of the supervision during sentencing. The case concerned the drug convictions of William Henry Moore, who pleaded guilty to several offenses in [...]

By |2016-08-25T11:47:08-04:00Wednesday, August 24, 2016|

Court rules state trooper justified drug arrest during traffic stop

The 1st District Court of Appeals recently reversed a lower court’s decision to suppress evidence of illegal drug possession obtained during a traffic stop. The judgment of the Hamilton County Court of Common Pleas held that a seven-minute traffic stop was “unreasonably prolonged” by an arresting trooper’s questioning of a driver and passenger. A three-judge [...]

By |2016-08-24T08:44:54-04:00Tuesday, August 23, 2016|

Filing error costs sex offender his appeal

A man who was convicted of various sex offenses 15 years ago lost his appeal this week because he filed a motion to vacate his life sentence under the wrong case number. Defendant Jeffrey Cagle appealed from the judgment of the Medina County Court of Common Pleas where his motion to vacate sentence was denied. [...]

By |2016-08-22T09:17:40-04:00Friday, August 19, 2016|

Convicted murderer’s five-year delay costs him opportunity for an appeal

The federal 6th Circuit Court of Appeals recently ruled that Charles Shorter, a North Central Correctional Institution inmate, was unable to adequately explain a five-year gap between his sentencing and his motion for a delayed appeal. Shorter appealed from the judgment of the United States District Court for the Southern District of Ohio that denied [...]

By |2017-04-24T10:09:00-04:00Wednesday, August 17, 2016|

Accused murderer granted new trial

The 8th District Court of Appeals recently reversed a murder conviction based on an error during jury selection. Carl Hampton, who was convicted in the Cuyahoga County Court of Common Pleas on charges of murder, felonious assault, involuntary manslaughter and assault, was granted a new trial despite the fact that the court of appeals found [...]

By |2016-08-17T10:46:06-04:00Tuesday, August 16, 2016|

Appeals court rules government failed to prove property was bought with drug money

The United States Court of Appeals for the 6th Circuit this week overturned the forfeiture of a Canal Winchester property after the government failed to prove that it was purchased with drug money. The decision reversed the ruling of the U.S. District Court for the Southern District of Ohio which granted the government summary judgment [...]

By |2017-04-24T10:09:21-04:00Friday, August 12, 2016|

Multiple zoning variances sought for planned convenience store in Mifflin Township

A filling station/convenience store planned for the southwest corner at the intersection of Morse and Westerville roads in Mifflin Township must obtain approval of the developer’s appeal of county zoning ordinances before ground is broken. Members of the Franklin County Board of Zoning Appeals are expected to take up the issue Monday during a regular [...]

By |2016-08-15T10:12:01-04:00Friday, August 12, 2016|

Federal court of appeals revives Ohio dentist’s challenge to state dental board regulations

An Ohio dentist who sued the state dental board won his appeal in federal court last week after he successfully argued that his right to commercial free speech was violated. In an opinion authored by Judge Danny Boggs, the 6th Circuit Court of Appeals overturned the decision of the United States District Court for the [...]

By |2017-04-24T10:09:32-04:00Wednesday, August 10, 2016|
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