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Brown Law Office Criminal Law News The Ninth District Court of Appeals recently held that construction possession in drug cases does not require that the defendant ever actually touch or handle the drugs.  In State v. Jenkins, 2018-Ohio-4814, the defendant was charged with drug trafficking and drug possession after 1440 grams of methamphetamine were shipped…

Brown Law Office Wooster, Ohio Criminal Defense Attorney News The Ninth District Court of Appeals recently addressed the kind of evidence the State is required to present to prove that a firearm is “operable.”  In State v. Hunter, 2018-Ohio-4249, the Court held that a criminal defendant can be convicted of a firearm related offense when…

Brown Law Office OVI/DUI News The Fifth District Court of Appeals recently issued a decision that could be of use to OVI/DUI attorneys in Ohio.  In State v. Baker, 2018-Ohio-2285, the Court decided what constituted reasonable suspicion to required a motorist suspected of OVI to submit to field sobriety tests.  The Court noted that Baker…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently reiterated in State v. Protsman, 2018-Ohio-3927 that the standard by which to judge an officer’s actions in an OVI/DUI case is substantial compliance, not strict compliance.  This has been the standard in OVI/DUI cases in Ohio since the General Assembly amended 4511.19 to…

Brown Law Office Criminal Law News The Supreme Court of Ohio recently issued a decision that could have major implications for criminal defense attorneys in Ohio.  In State v. Vega, 2018-Ohio-4002, the Supreme Court held that an officer has probable cause to open sealed envelopes contained within a vehicle when the officer smells a strong…

Brown Law Office Criminal Law News The Brown Law Office recently won an appeal to secure a new trial for a client.  In State v. Masalko, 2018-Ohio-2560, the Ninth District Court of Appeals ruled that the trial court had violated Mr. Masalko’s rights by failing to let defense counsel cross-examine the accuser on a lawsuit…

Brown Law Office Criminal Law News The Ninth District Court of Appeals recently affirmed the rule that the results of blood samples drawn by medical providers are admissible in a prosecution under Ohio Revised Code 4511.19(A)(1)(a) regardless of whether the blood draw substantially complied with the Ohio Administrative Code.  A link to the decision can…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently issued a decision in an OVI case regarding a trooper’s reasonable suspicion to stop a motorist.  State v. Frederick, 2018-Ohio-1566, involved a situation in which the trooper’s dash cam video failed to clearly establish a basis for the stop.  However, the trooper testified…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently addressed probable cause to arrest a motorist for a suspected violation of OVI in State v. Martin, 2018-Ohio-1705.  The Court held that a strong odor of alcohol coupled with other signs of impairment and an admission of drinking constitutes probable cause to arrest,…

Brown Law Office Criminal Defense News The Ohio Supreme Court recently ruled that trial courts have the authority to impose split sentences on separate felony counts; i.e. community control on one count and prison on the other.  However, trial courts lack authority to order that a defendant be placed in a community-based correctional facility as…