Appellate

Ninth District Court of Appeals

State v. Wood

Client charged with OVI.  Brown Law Office filed Motion to Suppress challenging the officer’s basis to extend the stop, which was denied by the trial court despite the Brown Law Office exposing numerous inconsistencies in the officer’s testimony.  Brown Law Office appealed to Ninth District Court of Appeals, which reversed the trial court’s decision denying the motion to suppress.  Ninth District highlighted officer’s inconsistent testimony, and found that trial court’s factual findings were not based on competent, credible evidence.

 

State v. Chojnowski.  Client charged with possession of drug abuse instruments after search of bag in a vehicle in which she was a passenger.  Filed motion to suppress on the basis that driver of vehicle did not have authority to consent to search of bag, which trial court denied.  On appeal, Ninth District Court of Appeals reversed trial court and established new rule of law prohibiting searches of passenger’s personal effects based solely on a driver’s consent.

https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2015/2015-Ohio-1405.pdf