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Fry v. Stammitti, OH, Complaint, Excessive Force, 2024

Brief • January 23, 2024

Filed under: Excessive Force, Guard Brutality/Beatings

Fry v. Stammitti, OH, Complaint, Excessive Force, 2024 Case: 1:24-cv-00126-BMB Doc #: 1 Filed: 01/23/24 1 of 28. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JEFFREY FRY c/o Spangenberg Shibley & Liber LLP 1001 Lakeside Avenue East, Suite 1700 Cleveland, OH 44114 Plaintiff, vs. …

Koch v. Lorain County, OH, Complaint, Excessive Force, 2024

Brief • January 5, 2024

Filed under: Excessive Force

Koch v. Lorain County, OH, Complaint, Excessive Force, 2024 Case: 1:24-cv-00031-CAB Doc #: 1 Filed: 01/05/24 1 of 17. PageID #: 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO CHARLES KOCH C/O THE ALBENZE LAW GROUP LLC 124 MIDDLE AVE 9TH FLOOR ELYRIA, OHIO 44035 Plaintiff v. …

State of Ohio v Moore, OH, Motion of Amici Curiae, Death Penalty, 2023

Brief • December 21, 2023

Filed under: Death Penalty/Death Row, Death Penalty

State of Ohio v Moore, OH, Motion of Amici Curiae, Death Penalty, 2023 IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO STATE OF OHIO, Plaintiff, v. Case No. B-9400481 Judge: Patrick T. Dinkelacker Death Penalty Case LEE MOORE, Defendant. MOTION OF AMICI CURIAE NATHANIEL R. JONES CENTER FOR RACE, …

Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea

Article • December 15, 2023 • from CLN December, 2023

Filed under: Career Offenders, De Facto Career Offender

Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …

Ward v. Atkinson, OH, Complaint, Excessive Force, 2023

Brief • November 29, 2023

Filed under: Excessive Force, Restraints

Ward v. Atkinson, OH, Complaint, Excessive Force, 2023 Case: 1:23-cv-02296-PAB Doc #: 1 Filed: 11/29/23 1 of 10. PageID #: 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO FRANKLIN WARD 2602 172 WILLIAMS, APT. A NORWALK, OH 44857 Plaintiff, -vsCORRECTIONS OFFICER SHAY ATKINSON In his official and …

News in Brief

Article • November 1, 2023 • from CLN November, 2023

Filed under: News in Brief

News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …

Estate of Michael McDaniel v. Ohio Dept of Rehabilitation and Correction, OH, Settlement Agreement, Wrongful Death, 2023

Brief • October 2, 2023

Filed under: Wrongful Death

Estate of Michael McDaniel v. Ohio Dept of Rehabilitation and Correction, OH, Settlement Agreement, Wrongful Death, 2023 i I THE GOURT OF CLAIMS OF OHIO ESTATE OF MICHAEL A. MCDA1NIEL, Plaintiff, v. Case No. 2022-00073JD OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, Judge Dale A. Crawford Defendant. JOURNAL ENTRY APPROVING SETTLEMENT …

USA v. Theodorou, OH, Affidavit of Brian Leslie, Distribution of a Controlled Substance, 2023

Brief • July 13, 2023

Filed under: Controlled Substances

USA v. Theodorou, OH, Affidavit of Brian Leslie, Distribution of a Controlled Substance, 2023 Case: 3:22-cr-00274-JRK Doc #: 48-1 Filed: 07/13/23 1 of 2. PageID #: 367 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, CASE NO. 3:22-CR-274 Plaintiff, Judge …

USA v. Theodorou, OH, Forensic Report, Distribution of a Controlled Substance, 2023

Brief • July 13, 2023

Filed under: Controlled Substances

USA v. Theodorou, OH, Forensic Report, Distribution of a Controlled Substance, 2023 Case: 3:22-cr-00274-JRK Doc #: 48-2 Filed: 07/13/23 1 of 82. PageID #: 369 (2 ,CRIMl~~..~.~~~!5 INC ' ' 1-888-400-1309 FORENSIC REPORT Type of Report: Examination : Video / Audio Interview / Transcripts Criminal case Consultants Case File #: …

Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence

Article • May 15, 2023 • from CLN June, 2023

Filed under: Traffic Stops, Good Faith Exception, Exclusionary Rule

Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …

Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence

Article • May 15, 2023 • from CLN June, 2023

Filed under: Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity

Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …

News in Brief

Article • May 15, 2023 • from CLN June, 2023

Filed under: News in Brief

News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …

Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages

Article • April 15, 2023 • from CLN May, 2023

Filed under: Child Support Recovery Act/Deadbeat Parents Punishment Act

Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages by Matthew Clarke by Matthew Thomas Clarke The Supreme Court of Ohio held termination of nonresidential community control (“NCC”) is a “final discharge” within the meaning …

News in Brief

Article • April 15, 2023 • from CLN May, 2023

Filed under: News in Brief

News in Brief by News in Brief Alabama: It was announced by the Madison County Sheriff’s Office on Feb. 20, 2023, that a police officer in Madison was arrested, accused of sexual misconduct. AL.com and WHNT in northern Alabama reported that the officer, Kevin Walter, 35, was arrested on Feb. …

Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing

Article • April 15, 2023 • from CLN May, 2023

Filed under: DNA Testing/Samples, Wrongful Conviction

Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio clarified the meaning of “outcome determinative” in the context of a motion filed pursuant to R.C. 2953.73, seeking postconviction DNA testing. Guy Billy …

Another Chapter in Cops’ False Narrative That Mere Contact With Fentanyl Is Deadly – Cleveland Police K-9 Given NARCAN After Fentanyl Exposure

Article • March 30, 2023

Filed under: War on Drugs, Safety Threat to Police

Another Chapter in Cops’ False Narrative That Mere Contact With Fentanyl Is Deadly – Cleveland Police K-9 Given NARCAN After Fentanyl Exposure by Jo Ellen Nott by Jo Ellen Nott A police K-9 involved in the execution of a search warrant for a 27-year-old drug trafficking suspect on March 15, …

Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle

Article • March 15, 2023 • from CLN April, 2023

Filed under: Vehicle Searches, Police, Searches - Plain View

Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to …

Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision

Article • February 15, 2023 • from CLN March, 2023

Filed under: Evidence - Failure to Disclose, Grounds For Withdrawal

Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that Terry Barnes Sr. had a reasonable and legitimate basis to withdraw his guilty …

Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute

Article • February 15, 2023 • from CLN March, 2023

Filed under: Retroactivity, U.S. Sentencing Guidelines, Compassionate Release

Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

Article • February 15, 2023 • from CLN March, 2023

Filed under: junk science, False Statements, Testimony or Documents

They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. by Brett Murphy by Brett Murphy, ProPublica Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. He had a business to promote: a miracle method to determine …