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Brown Law Office Criminal Defense News The Ohio Supreme Court recently ruled that Ohio’s death penalty scheme does not violate the Sixth Amendment to the United States Constitution, as Ohio death penalty juries are required to find beyond a reasonable doubt that the defendant is guilty and that an aggravating factor exists.  A link to…

Wooster OVI Attorney The Ninth District Court of Appeals recently held that there is sufficient evidence to sustain a conviction for OVI where the driver admits to ingesting a drug of abuse, and there are signs that the driver is impaired.  In State v. McQuistan, 2018-Ohio-539, the Court held that in order to convict a…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently issued a decision regarding OVI specifications in a felony OVI indictment.  In State v. Morse, 2017-Ohio-9300, the defendant challenged the subject matter jurisdiction of the trial court due to the fact that the indictment did not contain precise dates of the defendant’s prior…

Brown Law Office OVI/DUI Attorney News The Ninth District Court of Appeals recently issued a decision regarding OVI prosecutions and appeals of administrative license suspensions (ALS).  The Court held that even if the motorist is found not guilty of OVI, the ALS still remains in force unless vacated on some other ground.  In short, a…

Brown Law Office DUI/Criminal Law News The Ninth District Court of Appeals recently issued a decision that could have ramifications in many DUI and criminal law investigations.  In State v. Bramley, 2017-Ohio-8512, the court held that the officer unreasonably prolonged a traffic stop by continuing to interrogate the driver after the purpose of the stop…

Brown Law Office OVI/DUI News In a recent OVI/DUI case, the Ninth District Court of Appeals held that the unspecified odor of alcohol combined with an admission of drinking does not give rise to reasonable suspicion of impaired driving.  The full text of the decision can be found here. https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2017/2017-Ohio-8264.pdf This decision will be useful…

Brown Law Office Criminal Defense News In a landmark case that alters the standard that Ohio courts apply in criminal cases when determining if a suspect is in custody for purposes of Miranda warnings, the Ohio Supreme Court held that the test is not whether that a reasonable person would have felt free to leave;…

Brown Law Office OVI/DUI News In a decision that impacts individuals charged with OVI/DUI in Wayne, Medina, Summit, and Lorain counties, the Ninth District Court of Appeals held in State v. Hicks, 2017-Ohio-2014 that a successful calibration of breathalyzer machines is not required subsequent to an individual giving a breath sample.  A link to the…

Brown Law Office Criminal Defense   In a recent case that provides guidance for Ohio criminal attorneys, the Supreme Court of Ohio held that the double jeopardy protections in the Fifth Amendment to the U.S. Constitution and the Ohio Constitution prohibit the State from prosecuting a defendant for ethnic intimidation after that defendant has already…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals reversed a trial court’s order granting a motion to suppress in a recent OVI/DUI case.  In State v. Essad, 2017-Ohio-2913, the Court held that the trial court’s factual findings regarding the basis for the stop were not supported by competent credible evidence.  The case…