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December 2015 Archives

The Ohio Supreme Court Clarifies The Elements Of Tampering With Evidence

Today, the Ohio Supreme Court in State v. Barry, rejected the "Unmistakable Crime Doctrine," as it relates to the offense of tampering with evidence. The issue presented was whether a person who commits an obvious crime (i.e., an unmistakable crime) has constructive knowledge of an impending investigation of that crime. In other words, can a person who commits an obvious crime be considered to have knowledge about an impending investigation of that crime based on the commission of that offense alone? The Supreme Court says no.

Ohio Supreme Court Weighing The Weight Of Cocaine

The Ohio Supreme Court is currently considering a case that could have drastic implications for how the weight of drugs, and specifically cocaine, is determined. In State v. Gonzales, the Court will determine whether the State needs to prove the overall weight of a substance containing cocaine or only the weight of the actual cocaine in the substance. Currently, the State is only required to prove the overall weight of the substance. The Sixth District Court of Appeals, however, held in early 2015 that the State must prove the weight of the actual cocaine possessed by the Defendant.

New Changes Proposed For Ohio OVI Law

Currently, under Ohio law, a first-time OVI offender faces, amongst other penalties, a mandatory minimum six month driver's license suspension. During that suspension period, that person is eligible to obtain limited driving privileges for work, school, medical, court, treatment, and probation purposes only.

$1 Million Awarded To Man Falsely Accused Of Sex Assault

A former school counselor in Covington, KY, has successfully sued a Covington Police Officer in federal court, claiming the officer falsely arrested him for sexual abuse of a 7-year old boy. The lawsuit, filed in April of 2010, concerns a criminal case from early 2009 that was quickly dismissed after a grand jury refused to indict the school counselor based on a lack of evidence.

Unpaid Taxi Fare Results In Felony Charge Of Unlawful Sexual Conduct With A Minor

December 13, 2015, Cincinnati, Ohio - This past Sunday, William Simpson age twenty-five, refused to pay a taxi company who drove a female to his residence. The taxi driver called the police to report the unpaid fare. When the police arrived, they saw the female putting on clothes. Upon questioning, both Simpson and the female reported having consensual sex. In an online profile and chat, the female had previously stated that she was twenty years old, but in reality she was only fifteen.

Handling Motorcycle Accidents When There Is No Contact Between The At-Fault Driver And Motorcycle

Most experienced motorcyclists attempt to avoid collisions by laying down the bike prior to impact. The most common scenario for laying down a bike occurs when a passenger car or truck drives into the oncoming path of the motorcycle by failing to yield the legal right of way to the motorcyclist. Because many riders are experienced, they successfully avoid collisions in these situations.

Inoperable Handguns: Are They 'Deadly Weapons?'

Does an inoperable handgun constitute a 'deadly weapon' under Ohio's carrying a concealed weapon statute? The Ohio Supreme Court doesn't think so. In In re J.T., the Ohio Supreme Court held an inoperable pistol that is not used as a bludgeon is not a 'deadly weapon' for purposes of R.C. 2923.12, which prohibits carrying a concealed weapon.

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