On December 13, 2016, the Supreme Court of Ohio handed down a merit decision in State v. V.M.D., 2016-Ohio-8090. In a unanimous opinion written by Justice Pfeifer, the court held that attempted robbery is a crime of violence, and therefore a conviction for that offense cannot be judicially sealed. The case was argued September
Criminal Law and Procedure
Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.
By Marianna Bettman on
Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.
On November 21, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Kona, 2016-Ohio-7796. In a 4-3 opinion written by Justice…
What Happened on Remand: Pandering Charges Dismissed, Guilty Plea to One Count of Retaliation, Sentence of Time Served. State v. Castagnola
Date Case was remanded from Supreme Court of Ohio: April 28, 2015
Final Resolution of this case: September 30, 2016
Case Background
David Maistros, law director and prosecutor of Twinsburg in Summit County, charged Nicholas Castagnola with selling alcohol to minors. Two months later, Maistros found his and his wife’s cars had been “egged,” and…
Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.
Update: Read what happened on remand here.
On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional violation when the state seeks to retry an incarcerated defendant after…
What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.
Case Background
In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up in the U.S. Supreme Court, were statements made by L.P., then three, to his teachers,…
What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.
Case Background
In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up in the U.S. Supreme Court, were statements made by L.P., then three, to his teachers,…
The Three Minute Oral Argument in State of Ohio v. Dominic Jackson.
Update. On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On May 31, 2016, the Supreme Court of Ohio was to hear oral argument in the case of State of Ohio v. Dominic Jackson, 2015-1137. At issue in the case is whether…
The Three Minute Oral Argument in State of Ohio v. Dominic Jackson.
Update. On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On May 31, 2016, the Supreme Court of Ohio was to hear oral argument in the case of State of Ohio v. Dominic Jackson, 2015-1137. At issue in the case is whether…
Oral Argument Preview: Defendant’s Right to Allocution at Community Control Violation Hearing. State of Ohio v. Dominic Jackson
Update. On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read what happened at this oral argument here.
On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Dominic Jackson, 2015-1137.…
Oral Argument Preview: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson
Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the augment in this case here.
On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher…