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Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians

Medical professionals who have been charged with a criminal offense face the collateral consequence that their professional license may be subject to suspension and/or revocation by the licensure board of their particular discipline. Physicians seeking legal counsel after being charged with a crime involving substance abuse and/or addiction must speak with a criminal defense attorneywho has an acute understanding of …

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VOTING RIGHTS IN FLUX IN THE BUCKEYE AND LONE STAR STATES

Federal courts in Texas and Ohio have rolled back restrictions on voting rights put in place by state lawmakers, marking another development in the battle between the federal government and the states over who can vote and when. In Texas, Gov. Rick Perry recently signed a bill requiring voters to produce a photo ID card …

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SIXTH CIRCUIT REVERSES SENTENCE DUE TO VIOLATION OF EX POST FACTO CLAUSE

A recent U.S. Sixth Circuit Court of Appeals decision offers two important lessons: (1) A defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of his illegal conduct and his sentencing date; and (2) Bleaching $5 bills and using a copier to turn them into $100 bills is not a …

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LANDMARK SIXTH CIRCUIT DECISION UPHOLDS LAWYER’S FREE SPEECH

It’s a cruel irony that lawyers, perhaps the most verbose citizens in the U.S., have more restrictions placed on their speech than any other citizen. State disciplinary rules and codes of professional responsibility govern what lawyers can and cannot say, how they may say it, and how they can advertise their services. And until this week, Ohio attorneys had …

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TWELFTH DISTRICT COURT OF APPEALS HANDS STATE A VICTORY IN ADMISSION OF INTOXILYZER 8000 RESULTS, BUT MORE CHALLENGES ARE CERTAIN TO FOLLOW

In a unanimous opinion published yesterday, the Twelfth District Court of Appeals sided with the state and ruled that the results of a blood alcohol test performed by an Intoxilyzer 8000 may be admitted at trial against the defendant. In State v. Kormos, the Court reversed a municipal court’s decision last year that held that the test …

TWELFTH DISTRICT COURT OF APPEALS HANDS STATE A VICTORY IN ADMISSION OF INTOXILYZER 8000 RESULTS, BUT MORE CHALLENGES ARE CERTAIN TO FOLLOW Read More »

ZDL GETS RAPE CHARGES AGAINST CLIENT DROPPED BECAUSE IT PROVED ACCUSATIONS TO BE FALSE; WINS $1.5 MILLION JUDGMENT AGAINST FALSE ACCUSERS

Imagine that you’ve been wrongfully accused of a violent, sexual crime. Your accuser is actually your assailant. You called 911 after the attack, but your attacker told the police that you had kidnapped and tried to rape her. They believed her. You’ve now been arrested and charged with rape. Being falsely accused of a crime …

ZDL GETS RAPE CHARGES AGAINST CLIENT DROPPED BECAUSE IT PROVED ACCUSATIONS TO BE FALSE; WINS $1.5 MILLION JUDGMENT AGAINST FALSE ACCUSERS Read More »

ZDL WINS THIRD APPELLATE VICTORY, RESULTING IN EXPUNGEMENT OF CLIENT’S FELONIES

It took three appeals, but the court of appeals ordered the trial court to expunge our client’s felony conviction. In 1998, M.D. was convicted of receiving stolen property, forgery, uttering, obstructing justice, and tampering with evidence. In 2009, M.D. applied to have his convictions expunged pursuant to R.C. 2953.32. The state objected, claiming “the nature …

ZDL WINS THIRD APPELLATE VICTORY, RESULTING IN EXPUNGEMENT OF CLIENT’S FELONIES Read More »

THE EXCEPTION THAT MAY SWALLOW THE RULE: WILLIAMS V. ILLINOIS AND THE STATE OF THE CONFRONTATION CLAUSE

The Constitution guarantees anybody accused of a crime the opportunity to confront and question their accusers. The U.S. Supreme Court recently decided a case that could narrow that right of confrontation in certain circumstances, a decision that could affect the lives of countless criminal defendants.    The Sixth Amendment’s Confrontation Clause provides that in all …

THE EXCEPTION THAT MAY SWALLOW THE RULE: WILLIAMS V. ILLINOIS AND THE STATE OF THE CONFRONTATION CLAUSE Read More »

CHALLENGE TO INTOXILYZER 8000 REJECTED IN CUYAHOGA COUNTY, BUT ISSUE IS FAR FROM SETTLED

Cuyahoga Common Pleas Court Judge Brendan J. Sheehan recently rejected a challenge to the controversial Intoxilyzer 8000 BAC testing machine, but the issue of the device’s reliability is far from settled. Trial court judges from across the state have expressed concerns over the 8000’s operation, and the Twelfth District Court of Appeals is set to …

CHALLENGE TO INTOXILYZER 8000 REJECTED IN CUYAHOGA COUNTY, BUT ISSUE IS FAR FROM SETTLED Read More »

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