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The Defendant, Guillermo Zapata, was convicted in the Shelby County Criminal Court of two counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court merged the ...

12/14/2023 When a Commonwealth's Attorney elects to apply a new, mitigating statute in a criminal proceeding, the Attorney General may not challenge that election on appeal by arguing that the statute...

SPEEDY TRIAL – R.C. 2945.71 – CRIMINAL DAMAGING – SUFFICIENCY – RESTITUTION: Where a felony vandalism charge was ignored, then refiled and dismissed, and later refiled as a second-degree misdemeanor c...

HABEAS CORPUS ?EXCESSIVE BAIL ? CRIM.R. 46: In a habeas-corpus action alleging excessive pretrial bail, petitioner did not demonstrate extraordinary circumstances entitling him to relief from the tria...

Petitioner, Joe Edward Daniels, appeals as of right from the Jackson County Criminal Court's denial of his petition for post-conviction relief, wherein he challenged his convictions for first degree p...

<bold>Nuisance — noise ordinance — constitutionality — prior restraints on free</bold> <bold>speech</bold> <block_quote> The trial court erred by concluding that a county noise ordinance was not ...

The Defendant, Joshua Beadle, was convicted by a Shelby County Criminal Court jury of aggravated rape. The trial court sentenced him to serve twenty-five years and to community supervision for life. O...

Evidence sufficiency manifest weight abuse of discretion cross-examination relevant authenticate expert lay opinion contamination chain of custody criminal mischief. Defendant's conviction is supporte...

Appellant appeals the dismissal of his second lawsuit seeking damages and injunctive relief against four defendants allegedly associated with his criminal prosecution. The trial court dismissed the se...

CRIMINAL - postconviction Crim.R.32.1, motion to withdraw guilty plea doctrine of res judicata subject matter jurisdiction, cannot be repeatedly attacked, failed to raise on direct appeal, raised in t...

In this appeal, we address principles governing the imposition of consecutive sentencing for "an offender whose record of criminal activity is extensive." Tenn. Code Ann. § 40-35-115(b)(2) (2019). Qui...

CRIMINAL LAW - no direct appeal filed all issues res judicata....

CRIMINAL LAW - felony sentencing aggravated possession of drugs presumption of prison record does not justify nine-month term of incarceration court considered requisite factors....

CRIMINAL - Possession of a Fentanyl-Related Compound Tampering with Evidence manifest weight of the evidence sufficiency of the evidence constructive possession readily accessible drugs drugs in proxi...

Public record R.C. 149.43 R.C. 2743.75 moot timeliness. Requester sought copies of records relevant to a criminal complaint. Respondent eventually provided the responsive records, rendering the claim ...

A criminal information is duplicitous when it charges a defendant in a single count with two or more distinct and separate criminal offenses, thereby implicating the defendant's constitutional right t...

Civil law—Damages—R.C. 2315.18—As-applied constitutional challenge—Due process of law—Article I, Section 16, Ohio Constitution—Statutory cap on awards of compensatory damages for noneconomic losses se...