Paul Johnson’s journey through the criminal justice system is over, and he walks the earth a free man. The Eighth District Court of Appeals reversed his convictions and vacated his sentences last week, a landmark decision interpreting H.B. 86, Ohio’s recent sentencing reform law. In May 2011, Johnson was indicted...
Continue reading "ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue" …
In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion to suppress in which they argued that the state trooper...
Continue reading "ZDL wins suppression hearing and obtains dismissal of client's OVI charges" …
Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without privilege to do so, shall knowingly solicit, coax,...
Continue reading "Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional." …
In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of defendant Chunon Bailey when detectives spotted Bailey and...
Continue reading "US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises." …
By Larry W. Zukerman, Esq., and Richard L. Fenbert, Esq. Medical professionals who have been charged with a criminal offense face the collateral consequence that their professional license may be subject to suspension and/or revocation by the licensure board of their particular discipline. Physicians seeking legal counsel after being charged...
Continue reading "Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians" …
Federal courts in Texas and Ohio have rolled back restrictions on voting rights put in place by state lawmakers, marking another development in the battle between the federal government and the states over who can vote and when. In Texas, Gov. Rick Perry recently signed a bill requiring voters to...
Continue reading "Voting Rights in Flux in the Buckeye and Lone Star States" …
A recent U.S. Sixth Circuit Court of Appeals decision offers two important lessons: (1) A defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of his illegal conduct and his sentencing date; and (2) Bleaching $5 bills and using a copier to turn...
Continue reading "Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause" …
It’s a cruel irony that lawyers, perhaps the most verbose citizens in the U.S., have more restrictions placed on their speech than any other citizen. State disciplinary rules and codes of professional responsibility govern what lawyers can and cannot say, how they may say it, and how they can advertise...
Continue reading "Landmark Sixth Circuit Decision Upholds Lawyer’s Free Speech" …
In a unanimous opinion published yesterday, the Twelfth District Court of Appeals sided with the state and ruled that the results of a blood alcohol test performed by an Intoxilyzer 8000 may be admitted at trial against the defendant. In State v. Kormos, the Court reversed a municipal court’s decision...
Continue reading "Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow" …
Imagine that you’ve been wrongfully accused of a violent, sexual crime. Your accuser is actually your assailant. You called 911 after the attack, but your attacker told the police that you had kidnapped and tried to rape her. They believed her. You’ve now been arrested and charged with rape. Being...
Continue reading "ZDL gets rape charges against client dropped because it proved accusations to be false; wins $1.5 million judgment against false accusers" …
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