No, according a recent decision by the First District Court of Appeals. In State ex rel. S.L. v. Rucker, 2020-Ohio-584, the First District granted a writ of prohibition for S.L. preventing the trial judge from compelling her to allow the defendant or his agent access...
Nicholas D. Graman
Ohio General Assembly to Consider Supreme Court’s Proposed Bail Reform
Every year the Ohio Supreme Court proposes rules changes every year, and this year one of the rule changes impacts bail reform and Ohio Criminal Rule 46. One of the major proposed changes is a requirement that defendants have a bail hearing within two business days of...
Ohio’s Sexually Violent Predator Specification
Ohio Revised Code § 2941.148 outlines Ohio's sexually violent predator specification. It can be applied to sexually violent offenses-namely homicide, assault, and kidnapping. This specification can be used to add onto or enhance sentences. The exact enhancement...
Quick Primer on the Sealing of Criminal Records
Ohio has recently expanded the eligibility for sealing one's criminal record. Ohio law now permits up to five low level felonies to be sealed so long as a defendant does not have anything more serious on his or her record. It also permits potentially unlimited...
Miami University, Criminal Charges and Disciplinary Proceedings
When a Miami University student is charged with a crime, the consequences can be serious and are certainly burdensome. Why? When a student is charged with a crime, not only must the student answer to the charges in court, the student must also answer to the school for...
Ohio Supreme Court To Decide If Questioning In The Front Seat Of A Police Cruiser Is A Custodial Interrogation Or Investigative Questioning
The Ohio Supreme Court recently heard arguments in City of Cleveland v. Benjamin Oles to decide whether Miranda warnings are required for questioning of a suspect removed from his vehicle and placed in the front seat of a police cruiser during an OVI...
An Unconstitutional Search? A Warren County Case Makes Its Way Up To The Ohio Supreme Court
This week, the Ohio Supreme Court will hear oral arguments in State of Ohio v. Jamie Banks-Harvey. The issue before the court is whether the police may search an individual's purse after the individual is arrested and placed in a cruiser but before the individual is...
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 re J.T., the Ohio Supreme Court held an inoperable pistol that is not used as a bludgeon is not a 'deadly weapon' for...
Warren County Ohio Cold Case and Ohio’s Statute of Limitations in Criminal Cases
Less than three weeks ago, a Warren County grand jury indicted Sam Perone on one count of murder stemming from a death that occurred 23 years ago. The victim, Richard Woods, was killed on October 8, 1992. His body was found over one month later in a wooded ravine...
Sparks’ Case Shows Importance of ‘Innocent Until Proven Guilty’
The Cincinnati Enquirer recently published a closer look at the circumstances surrounding the death of Mason resident Susan Sparks. You can read the details in the lengthy article, which discusses Susan's long battle with mental illness, her relationships with family...