On March 28, 2019, Ohio’s self-defense law changed. Prior to that date, if an accused wanted to argue self-defense (which, if successful, would result in a not guilty finding), the person would have to prove it was more likely than not all elements of self-defense...
Steve Kilburn
The Presumption of Innocence, Burden of Proof, and Proof Beyond a Reasonable Doubt
Presumption of innocence We’ve all heard the term innocent until proven guilty, but what exactly does that mean? Simply put, it means an accused in a criminal case is assumed to be not guilty unless the state can prove beyond a reasonable doubt otherwise. It is often...
OVI Case Dismissed After Urine Test Results Prove Innocence
In October of 2020, our client was pulled over for failing to maintain her lane and impeding traffic. The trooper with the Ohio State Highway Patrol noted in his report, “for no apparent reason,” the car “slowed to a speed of approximately 30 mph in a posted 55 mph...
When an Accused is Charged With a Crime, is the State Permitted to Introduce Evidence of the Accused’s Prior Bad Act at the Trial to Attempt to Show the Accused is Likely to Commit Bad Acts and is Therefore Guilty of the Crime in Question?
No. Ohio Rule of Evidence 404(B) outlines a limited set of circumstances during which a prosecutor can attempt to introduce prior bad acts. A prosecutor cannot use a accused's prior bad act to show the accused has a tendency to act wrongfully and from that, attempt to...
Can a Defendant Sentenced to Prison Get Jail-Time Credit for House Arrest After Sentencing?
According to the Ohio Supreme Court, the answer is "no." This month, the Ohio Supreme Court issued its decision in State v. Reed, Slip Opinion No. 2020-Ohio-4255. In Reed, the defendant was found guilty of a felony and given five years of community control with a...
The Little Miami High School Flag Controversy – Protected Speech or a Legitimate Penalty Flag for Inappropriate Expression?
To answer the question of whether the administrators at Little Miami High School had the right to prohibit speech that supports fallen firefighters and police officers who risked and sacrificed their lives on September 11, 2001, we must first understand the First...
Can the Police Force You to Unlock Your Phone?
During a criminal investigation, can the police make you turn over your password to your phone? The answer to that question depends on where you live, as the courts are divided on the answer to that question. This makes the question ripe for clarification by the...
Ohio Revised Code 2909.03 Arson – Recent Cincinnati Protests
Over 200 people were arrested over the weekend in Cincinnati. The majority of the arrestees were young, local, and committed minor infractions. However, a few were charged with serious offenses, including arson. Under Ohio law, arson is a first degree misdemeanor,...
Under What Circumstances Does Mixing Drugs or Alcohol With Sexual Conduct Become A Crime Under Ohio’s Rape Statute?
Ohio's rape statute, 2907.02(A)(1)(c) says:No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:The other...
Coronavirus (“COVID-19”) Update: The Ohio Supreme Court Chief Justice Weighs In
Yesterday morning, we discussed changes in court policies and how some courts and jails across Ohio are working together to release low-risk inmates. Yesterday afternoon, during Governor DeWine's press conference, Ohio's Supreme Court Chief Justice Maureen O'Connor...