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Zukerman WINS SUPPRESSION HEARING LEADING TO DISMISSAL…

ZDL WINS SUPPRESSION HEARING IN CLEVELAND MUNICIPAL COURT, LEADING TO DISMISSAL OF CLIENT’S CHARGE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND FELONY CHARGE OF IMPROPER HANDLING OF FIREARM IN A MOTOR VEHICLE In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client’s...

Zukerman CONVINCES JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST…

ZDL CONVINCES CLEVELAND JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST CLIENT FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL (OVI), OBTAINS DISMISSAL OF CLIENT’S CHARGES OF OVI AND POSSESSION OF MARIJUANA In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client’s operating a motor vehicle...

CLIENT’S BREATH TEST AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED…

ZDL WINS SUPPRESSION HEARING IN CLEVELAND OVI CASE, CLIENT’S BREATH TEST RESULT AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED BY PROSECUTOR In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol “OVI” in violation...

Zukerman WINS LANDMARK REVERSAL

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,...

Zukerman OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES…

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...

NINTH DISTRICT RULES OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL

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...

DIVISION OF CHILDREN & FAMILY SERVICES MUST PROVIDE MIRANDA WARNINGS…

THE 8TH DISTRICT HOLDS: CUYAHOGA COUNTY DIVISION OF CHILDREN AND FAMILY SERVICES MUST PROVIDE MIRANDA WARNINGS WHEN INTERROGATING IN-CUSTODY DEFENDANTS In State v. Jackson, the 8th District Court of Appeals reversed and remanded Mr. Jackson’s conviction of Rape, Gross Sexual Imposition, and Kidnapping because an agent of law enforcement violated Mr. Jackson’s constitutional rights by interrogating...

Zukerman WINS SUPPRESSION HEARING LEADING TO DISMISSAL…

ZDL WINS SUPPRESSION HEARING IN CLEVELAND MUNICIPAL COURT, LEADING TO DISMISSAL OF CLIENT’S CHARGE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND FELONY CHARGE OF IMPROPER HANDLING OF FIREARM IN A MOTOR VEHICLE In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client’s...

Zukerman CONVINCES JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST…

ZDL CONVINCES CLEVELAND JUDGE THAT STATE TROOPER LACKED PROBABLE CAUSE TO ARREST CLIENT FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL (OVI), OBTAINS DISMISSAL OF CLIENT’S CHARGES OF OVI AND POSSESSION OF MARIJUANA In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client’s operating a motor vehicle...

CLIENT’S BREATH TEST AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED…

ZDL WINS SUPPRESSION HEARING IN CLEVELAND OVI CASE, CLIENT’S BREATH TEST RESULT AND FIELD SOBRIETY TESTS SUPPRESSED, OVI CHARGES DISMISSED BY PROSECUTOR In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol “OVI” in violation...

Zukerman WINS LANDMARK REVERSAL

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,...

Zukerman OBTAINS DISMISSAL OF CLIENT’S OVI CHARGES…

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...

NINTH DISTRICT RULES OHIO’S “CHILD ENTICEMENT” LAW IS UNCONSTITUTIONAL

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...

US SUPREME COURT LIMITS POLICE POWER…

US SUPREME COURT LIMITS POLICE POWER TO SEIZE SUSPECTS INCIDENT TO A SEARCH OF PREMISES In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of...

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