Posts by Brownlaw

Ohio Criminal Defense News The Ninth District Court of Appeals recently held that contraband found pursuant to a valid inventory search is admissible at trial notwithstanding that the defendant made incriminating statements regarding the contraband without the benefit of Miranda warnings.  In State v. Keyser, 2017-Ohio-1182, the Court held that heroin found during a lawful…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently held that it was a violation of a defendant’s speedy trial rights for a trial judge to take 535 days to rule on a motion to suppress. In State v. Reppucci, 2017-Ohio-1313, the Court found that it was unreasonable for the trial court…

Brown Law Office Criminal Defense News The Supreme Court of Ohio recently held that in calculating the weight of a drug to determine the degree of felony, “filler” substances are included in the weight of the controlled substance.  In State v. Gonzales, 2017-Ohio-777, the Court held that any filler substances are included in calculating the…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently held that an officer has reasonable suspicion to stop a vehicle with only one working taillight if the vehicle is emitting a white constant light while in forward motion.  In State v. Kordich, 2017-Ohio-234, the Court held that the officer, who observed a…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently held in State v. Ray Rogers, 2017-Ohio-357, that an officer’s observations that a motorist admitted to drinking, had bloodshot eyes, and smelled of alcohol, coupled with the “crucial fact” that the motorist was involved in a single car accident, was sufficient to support…

Brown Law Office Criminal Defense News The Ninth District Court of appeals recently held that the State need not present a witness who positively identifies a defendant in court so long as there is sufficient direct or circumstantial evidence to identify the defendant as the perpetrator of the offense.  In State v. Jackson, 2017-Ohio-635, a…

Brown Law Office Criminal Defense News The Ohio Supreme Court held today that a trial court is required to accept a defendant’s offer to stipulate to an element of a criminal offense that is unrelated to the allegations against the defendant and involves only the defendant’s legal status as an element of the offense.  In…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently issued a decision in an OVI/DUI case regarding when an officer has reasonable suspicion of impaired driving sufficient to order an individual out of  a car to perform field sobriety testing.  In State v. Hochstetler, 2016-Ohio-8389, the Court held that “erratic” driving (in…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals held today that an officer did not have probable cause to arrest a motorist for OVI/DUI when there was no indication of impaired driving, and the officer did not substantially comply with the NHTSA standards for field sobriety tests.  In State v. Hopp, 2016-Ohio-8027,…

Brown Law Office Criminal Law Blog The United States Supreme Court recently issued a decision regarding the Double Jeopardy Clause of the United States Constitution.  In Bravo-Fernandez v. United States, the Court held that the defendant could be retried on bribery charges notwithstanding that the jury had acquitted the defendant of conspiracy to commit bribery…