The U.S. Court of Appeals for the Tenth Circuit has affirmed the denial of a motion to suppress evidence, ruling that police officers had the necessary reasonable suspicion to conduct a protective sweep of a vehicle during a traffic stop. The stop, initiated for minor violations, quickly escalated due to…
-
-
Lonnie Rarden’s Latest Bid to Overturn 2010 Resentencing Denied by Ohio Appeals Court
The Twelfth District Court of Appeals in Ohio has affirmed a lower court’s decision to deny Lonnie Rarden’s request for a complete resentencing, stemming from a correction made to his original 2006 prison sentence almost two decades ago. The core of Rarden’s latest appeal hinged on whether the trial court…
-
DNA Smoking Gun: Court Upholds New Trial for Man Convicted in 1997 Over Concealed Lab Memo
The Ohio Court of Appeals has affirmed a trial court’s decision to grant Martin L. Hatton a new trial for convictions dating back to 1997, based on newly discovered evidence concerning ambiguous DNA testing. The appellate court found that the trial court did not abuse its discretion when it concluded…
-
Key Evidence in Drug-Impaired Burglary Upheld by Ohio Appeals Court
A Warren County man’s conviction for aggravated burglary has been upheld by the Twelfth Appellate District of Ohio, despite his argument that he was too impaired by drugs to knowingly enter the victims’ home. The appellate court found that the evidence presented was sufficient to support the conviction, and that…
-
Jailhouse Brawl Lands Inmate Appeal, But Court Affirms Aggravated Assault Conviction
The Arizona Court of Appeals has upheld the aggravated assault conviction of Timothy Edward Egan, rejecting his claims that he was prejudiced by a confusing charge, an improper jury instruction regarding self-defense against an officer, and a series of errors made by the prosecutor during closing arguments. Egan, an inmate…
-
High Court Rules Against Employees: Commissions Not Covered by Virginia Wage Theft Law
The Supreme Court of Virginia has issued a significant ruling clarifying the scope of the state’s wage theft statute, Code § 40.1-29. In a split decision, the Court held that the law, which explicitly protects “wages” and “salaries,” does not extend its protections to employee commissions unless explicitly stated. This…
-
Unserved Protective Order Doesn’t Void Earlier Emergency Ban, Virginia Appeals Court Rules
The Virginia Court of Appeals, sitting en banc, has issued a significant ruling clarifying when protective orders take effect, holding that a Preliminary Protective Order (PPO) that was never formally served on the respondent did not automatically terminate an existing Emergency Protective Order (EPO). The full panel reversed a prior…
-
Gambit Over Record Sealing: Court Sends Case Back for Missing Steps, But Upholds Victim’s Right to Object
The Toledo Municipal Court’s decision to deny Christopher Rogers’s request to seal the record of a dismissed aggravated theft case has been partially upheld and partially reversed by the Ohio Sixth Appellate District Court. The appellate court agreed with Rogers that the trial court failed to follow mandatory procedural steps…
-
Sentence Structure Questioned: Court Remands Case Over Incomplete Findings
The Ohio Sixth Appellate District Court recently issued a decision impacting the sentencing of Samuel Peoples, affirming much of his lengthy prison term but ordering the trial court to correct a technical oversight regarding how it documented its reasons for imposing consecutive sentences. In a consolidated appeal stemming from three…
-
Court Upholds Full Revocation of Probation for Man Who Absconded and Committed New Thefts
The Tennessee Court of Criminal Appeals has affirmed a trial court’s decision to revoke William Couch’s suspended sentence, ordering him to serve ten years in prison after he violated probation terms by absconding and committing new crimes. The appellate court found that the lower court acted within its discretion, concluding…