ZDL WINS SUPPRESSION HEARING AND OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES IN MEDINA MUNICIPAL COURT In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion …
Zukerman OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES… Read More »
NINTH DISTRICT BECOMES LATEST APPELLATE COURT TO RULE OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without …
NINTH DISTRICT RULES OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL Read More »
ZUKERMAN WINS LANDMARK REVERSAL IN THE 8TH DISTRICT COURT OF APPEALS ON HB 86 SENTENCING ISSUE Paul Johnson’s journey through the criminal justice system is over, and he walks the earth a free man. The Eighth District Court of Appeals reversed his convictions and vacated his sentences last week, a landmark decision interpreting H.B. 86, …
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 …
Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians Read More »
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 …
VOTING RIGHTS IN FLUX IN THE BUCKEYE AND LONE STAR STATES Read More »
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 …
SIXTH CIRCUIT REVERSES SENTENCE DUE TO VIOLATION OF EX POST FACTO CLAUSE Read More »
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 …
LANDMARK SIXTH CIRCUIT DECISION UPHOLDS LAWYER’S FREE SPEECH Read More »
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 …
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 …
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 »