IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 15 CR 377. v. : Judge Berens

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 15 CR 377. v. : Judge Berens"

Transcription

1 IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO STATE OF OHIO, : Plaintiff, : Case No. 15 CR 377 v. : Judge Berens TAMARA L. RIFFLE, : Entry Regarding Defendant s Motion to Dismiss Defendant. : This matter is before the Court on Tamara L. Riffle s ( Defendant ) Motion to Dismiss filed March 31, The Court conducted an oral evidentiary hearing concerning Defendant s Motion on April 22, The State filed a Post Hearing Memorandum Contra Defendant s Motion on May 6, 2016, followed shortly by Defendant s Post Hearing Memorandum filed May 13, After reviewing the arguments of the parties, the testimony adduced at the oral hearing, and the evidence submitted by the parties the Court OVERRULES Defendant s Motion to Dismiss. STATEMENT OF FACTS The Defendant was initially arrested on March 16, 2014 and charged in Lancaster Municipal Court in Case Nos.: CRA and CRA for: (1) disorderly conduct and (2) possession of drugs, respectively. The drugs seized during the arrest were sent to the Bureau of Criminal Investigation ( BCI ) for testing. On April 4, 2014, Case No.: CRA , possession of drugs, was dismissed without prejudice while awaiting testing results. Results of BCI s analysis were provided to the State on May12, 2014, and confirmed the presence of oxycodone. The Defendant pleaded guilty to the disorderly conduct charge on July 14, The Defendant was later indicted on October 9, 2015 and charged with Aggravated Possession of Drugs. Page 1 of 6

2 The Defendant s Motion to Dismiss asserts a violation of speedy-trial rights framed in terms of an impermissible pre-indictment delay, a distinct due process clause violation. The Court will address each of these claims in turn. Defendant asserts the 2015 Indictment violates her speedytrial rights because the 2015 Indictment is based on the same underlying facts as Lancaster Municipal Court cases CRA and CRA Defendant simultaneously asserts a preindictment delay arguing the State possessed the BCI drug analysis for approximately seventeen (17) months before indicting the Defendant. The Defendant requests dismissal of the pending charges based on these alleged violations. LAW AND ANALYSIS i. THE DEFENDANT S SPEEDY-TRIAL RIGHTS WERE NOT VIOLATED The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution, wherein it states an accused shall enjoy the right to a speedy and public trial. A similar provision is found in Section 10, Article I of the Ohio Constitution. The availability of a speedy trial to a person accused of a crime is a fundamental right made obligatory on the states by the Fourteenth Amendment. State v. Adams (1989), 43 Ohio St.3d 67, 68, 538 N.E.2d 1025, Ohio Revised Code Section (C)(2) requires that a Defendant charged with a felony offense be brought to trial within two-hundred seventy (270) days of arrest. Generally, the State is not subject to speedy trial constricts of an earlier indictment if the later indictment (1) stems from different facts than the earlier indictment, or (2) the State did not know of these facts at the time of the earlier indictment. State v. Baker (1997), 78 Ohio St.3d 108, 110, 676 N.E.2d 883 ( Additional crimes based on different facts should not be considered as arising from the same sequence of events for the purposes of speedy-trial computation. ); State v. McKinney, 5th Dist. No. 11-CA-26, 2011-Ohio Page 2 of 6

3 The Court notes that the Lancaster Municipal Court Case No.: CRA was dismissed via nolle prosequi without prejudice on April 4, 2014 before BCI test results were made available to the State on May 12, The BCI test results revealed the Defendant had oxycodone pills in her possession at the time of her arrest; however the State was unaware of this fact until receiving the BCI analysis on May 12, Further, the April 4, 2014 dismissal of Case No.: CRA expressly states the State was waiting on drug testing results. See Defendant s Exhibit 2. At the time Defendant filed her Motion to Dismiss (which tolls the clock for speedy trial purposes) on March 31, 2016 only 174 days had elapsed since being indicted October 9, 2015, which is well within the required 270 day window for trial. Ohio Revised Code Section Further, Defendant s Motion to Dismiss presents a due process pre-indictment delay argument, which is a similar argument, but not identical to an assertion of speedy trial rights. A nolle prosequi of the indictment or complaint does not bar a subsequent prosecution of the defendant for the same offense. Anderson s Ohio Criminal Practice and Procedure Section citing State v. Sutton (1979), 64 Ohio App. 2d 105, 411 N.E.2d 818. A nolle prosequi does not bar the prosecution from prosecuting the same charge in a new indictment or complaint as long as the defendant is not placed in jeopardy or denied a constitutional or statutory right. Anderson s Ohio Criminal Practice and Procedure Section citing State v. Johnson (1990), 68 Ohio App. 3d 272, 588 N.E.2d 224; State v. Dixon (1984), 14 Ohio App. 3d 396, 471 N.E.2d 864. It follows that if the State was aware of oxycodone it would have proceeded with the prosecution of Case No.: CRA at that time. Although the contraband was seized during the identical circumstances, the Defendant s March 16, 2014 arrest, the State did not know that among the property seized at the time of the arrest were oxycodone pills. The BCI test results are Page 3 of 6

4 the basis of the October 9, 2015 Indictment. Therefore, the Court finds the Defendant s speedytrial rights were not violated and OVERRULES this prong Defendant s Motion to Dismiss. ii. THE DEFENDANT S DUE PROCESS RIGHTS WERE NOT VIOLATED DUE TO PRE-INDICTMENT DELAY The Ohio Supreme Court has stated the speedy trial guarantee under the Sixth Amendment to the United States Constitution has no applicability to pre-indictment delays. State v. Luck, 15 Ohio St. 2d 150, 153 (1984), citing United States v. Marion, 404 U.S. 307, 92 S. Ct. 455 (1971) (emphasis added). The Supreme Court of Ohio has recognized [a]n unjustifiable delay between the commission of an offense and a defendant's indictment therefore, which results in actual prejudice to the defendant, is a violation of the right to due process of law under Section 16, Article I of the Ohio Constitution and the Fifth and Fourteenth Amendments to the United States Constitution. Luck, 15 Ohio State 2d. 150, at 2 of syllabus. Unlike a Sixth Amendment speedy-trial claim, no presumption of prejudice arises when a pre-indictment delay exceeds a particular length of time. Adams, 2015 WL , 2015-Ohio (2015) citing United States v. Schaffer, 586 F.3d 414, 425 (6th Cir.2009) (emphasis added). However, a delay in commencing prosecution is not justified when the state uses the delay to gain a tactical advantage or through negligence or error ceases its investigation and then later, without new evidence, decides to prosecute. Marion at 324, 92 S.Ct. 455; Luck at 158, 472 N.E.2d Further, [The Ohio Supreme Court] has held that if the defendant makes a preliminary showing of substantial prejudice 1, then the burden shifts to the state to present 1 Luck requires first that the defendant produce evidence demonstrating that the delay has caused actual prejudice to his defense. State v. Luck (1984), 15 Ohio St.3d at , 472 N.E.2d at Then, after the defendant has established actual prejudice, the state must produce evidence of a justifiable reason for the delay. Id. at 158, 15 OBR at 303, 472 N.E.2d at [T]he prejudice suffered by the defendant must be viewed in light of the state's reason for the delay. State v. Whiting (1998), 84 Ohio St.3d 215, 217, 1998-Ohio-575, 702 N.E.2d 1199, Page 4 of 6

5 evidence of a justifiable reason for the delay. State v. Whiting, 84 Ohio St.3d 215, 217, 702 N.E.2d 1199 (1998); State v. Walls, 96 Ohio St. 3d 437, , 775 N.E.2d 829 (2002). The Defendant asserts the nineteen month delay between the initial March 16, 2014 arrest and the October 9, 2015 Indictment is a violation of her due process rights, however, the Defendant has not demonstrated substantial prejudice to her case s defense. At the oral hearing Defendant testified a witness would claim ownership of the drug contraband that is the basis for the 2015 Indictment, but the witness has indicated she is uninterested in testifying. On cross examination, the Defendant stated she maintained communication with the witness, possessed the witness contact information, and admitted the witness could be brought to testify via subpoena. There is no evidence that the witness memory has faded, nor has physical evidence been lost. The Court finds the Defendant s case has not suffered substantial prejudice. Further, no evidence was submitted nor testimony adduced at the oral hearing asserting that the delay between receipt of the BCI test results and the 2015 Indictment was made to provide the State with a tactical advantage. Nor can it be said the State s negligence was at fault; indeed the state possessed the results in May of 2014 and indicted the Defendant thereafter, yet the state has discretion in deciding when to indict. State v. Luck (1984), 15 Ohio St. 2d 150, 158. Unlike the present case where nineteen months elapsed between the defendant s initial arrest, preindictment delays have been found violative of due process rights when the delay is in the order of decades. Id. at ( 15 years ); Whiting, 84 Ohio St.3d 215, 217, 702 N.E.2d 1199, at 215 ( 14 years ). Therefore, the Court finds the Defendant s due process rights were not violated and OVERRULES this prong of Defendant s Motion to Dismiss. Page 5 of 6

6 CONCLUSION Therefore, for the reasons above the Court OVERRULES the Defendant s Motion to Dismiss. IT IS SO ORDERED. Judge Richard E. Berens Copies to: Aaron Conrad, Esq., via courthouse mailbox Assistant County Prosecutor Tianni Harrison, Esq., via courthouse mailbox Page 6 of 6

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY. Date Submitted: February 6, 2009 Date Decided: December 16, 2009

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY. Date Submitted: February 6, 2009 Date Decided: December 16, 2009 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ANN M. BAKER, ) ) Defendant-Below, ) Appellant, ) ) v. ) I.D. No. 0803038600 ) STATE OF DELAWARE, ) ) Plaintiff-Below, ) Appellee.

More information

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 14CR438. v. : Judge Berens

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 14CR438. v. : Judge Berens IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO THE STATE OF OHIO, : Plaintiff, : Case No. 14CR438 v. : Judge Berens CODY TICHENOR, : : ENTRY Overruling Defendant s Motion to Suppress/Motion in Limine

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

[Cite as State v. Palmer, 112 Ohio St.3d 457, 2007-Ohio-374.]

[Cite as State v. Palmer, 112 Ohio St.3d 457, 2007-Ohio-374.] [Cite as State v. Palmer, 112 Ohio St.3d 457, 2007-Ohio-374.] THE STATE OF OHIO, APPELLANT, v. PALMER, APPELLEE. [Cite as State v. Palmer, 112 Ohio St.3d 457, 2007-Ohio-374.] Criminal law Speedy-trial

More information

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant )

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) John P. O Donnell, J.:

More information

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.)

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.) MAINE SUPREME JUDICIAL COURT Decision: 2015 ME 109 Docket: Ken-14-362 Argued: June 16, 2015 Decided: August 11, 2015 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and

More information

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE, ) ) ) v. ) Cr.A. No. 1202020644 ) BRYAN SCHOENBECK, ) ) Defendant. ) Submitted: December 4, 2014 Decided:

More information

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT [Cite as State v. Mobarak, 2015-Ohio-3007.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : No. 14AP-517 (C.P.C. No. 12CR-5582) v. : (REGULAR CALENDAR) Soleiman

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. STATE OF NEW JERSEY, v. Plaintiff-Respondent, NINA ADEBAJO, Defendant-Appellant.

More information

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT. For defendant-appellant: : : DATE OF ANNOUNCEMENT OF DECISION : MAY 25, 2006

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT. For defendant-appellant: : : DATE OF ANNOUNCEMENT OF DECISION : MAY 25, 2006 [Cite as State v. Ellington, 2006-Ohio-2595.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 86803 STATE OF OHIO JOURNAL ENTRY Plaintiff-Appellee AND vs. OPINION DAVID ELLINGTON, JR.

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY

More information

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT [Cite as State v. Velazquez, 2016-Ohio-4782.] COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO : JUDGES: : Hon. Sheila G. Farmer, P.J. Plaintiff-Appellee : Hon. Patricia A.

More information

Court of Appeals of Ohio

Court of Appeals of Ohio [Cite as State v. Quarterman, 2014-Ohio-3925.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 101064 STATE OF OHIO PLAINTIFF-APPELLEE vs. ALLEN QUARTERMAN

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4 Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...

More information

STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT

STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT [Cite as State v. Moore, 2003-Ohio-4888.] STATE OF OHIO, BELMONT COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT STATE OF OHIO, ) ) CASE NO. 03 BE 22 PLAINTIFF-APPELLEE, ) ) - VS - ) O P I N I O N ) CURTIS

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06. No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06. No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06 No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TERELL BUFORD, Defendant-Appellant.

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

CHAPTER SIX: CRIMINAL PROCEDURE

CHAPTER SIX: CRIMINAL PROCEDURE CHAPTER SIX: CRIMINAL PROCEDURE By Gino L. DiVito, Retired Justice, Illinois Appellate Court, Partner, Quinlan & Crisham, Ltd.; Chicago Commencement of Prosecution In Illinois, the prosecution of a criminal

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY. : O P I N I O N - vs - 3/4/2013 :

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY. : O P I N I O N - vs - 3/4/2013 : [Cite as State v. Marlow, 2013-Ohio-778.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2012-07-051 : O P I N I O N - vs -

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiff : CASE NO. 2013 CR 00313

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiff : CASE NO. 2013 CR 00313 COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO STATE OF OHIO : Plaintiff : CASE NO. 2013 CR 00313 vs. : Judge McBride RICHARD S. ISAACS : DECISION/ENTRY : Jason Nagel, assistant prosecuting attorney for the

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-10614 Non-Argument Calendar. D.C. Docket No. 6:10-cv-00851-JA-GJK.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-10614 Non-Argument Calendar. D.C. Docket No. 6:10-cv-00851-JA-GJK. Case: 12-10614 Date Filed: 06/05/2013 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-10614 Non-Argument Calendar D.C. Docket No. 6:10-cv-00851-JA-GJK

More information

Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7. Petitioner, Respondent. MEMORANDUM-DECISION AND ORDER 1

Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7. Petitioner, Respondent. MEMORANDUM-DECISION AND ORDER 1 Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK PATRICK GILBERT, Petitioner, -against- UNITED STATES OF AMERICA, 1:05-CV-0325 (LEK)

More information

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 12 CV 422. v. : Judge Berens

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 12 CV 422. v. : Judge Berens IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO MARY LEMASTER, : Plaintiff, : Case No. 12 CV 422 v. : Judge Berens BERGER HEALTH SYSTEM ET AL., : ENTRY Granting Defendant s Motion to Dismiss Defendants.

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL N. LOPEZ, No. 606, 2013 Defendant Below- Appellant, Court Below: Superior Court v. of the State of Delaware, in and for Sussex County STATE OF DELAWARE,

More information

Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 1:08-cr-00220-PAG Doc #: 24 Filed: 09/29/08 1 of 5. PageID #: 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA CASE NO. 08 CR 220 Plaintiff, JUDGE

More information

State of Wisconsin: Circuit Court: Milwaukee County. v. Case No. 2009CF001131. Defendant s Postconviction Motion Pursuant to Sec. 809.30, Stats.

State of Wisconsin: Circuit Court: Milwaukee County. v. Case No. 2009CF001131. Defendant s Postconviction Motion Pursuant to Sec. 809.30, Stats. State of Wisconsin: Circuit Court: Milwaukee County State of Wisconsin, Plaintiff, v. Case No. 2009CF001131 Matthew Laughrin, Defendant. Defendant s Postconviction Motion Pursuant to Sec. 809.30, Stats.

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN D. TALLEY, Defendant-Below No. 172, 2003 Appellant, v. Cr. ID No. 0108005719 STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware,

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Court of Appeals of Ohio

Court of Appeals of Ohio [Cite as State v. Cooper, 2015-Ohio-4505.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 103066 STATE OF OHIO PLAINTIFF-APPELLEE vs. MARIO COOPER DEFENDANT-APPELLANT

More information

NO. COA12-641 NORTH CAROLINA COURT OF APPEALS. Filed: 15 January 2013. v. Forsyth County No. 10 CRS 057199 KELVIN DEON WILSON

NO. COA12-641 NORTH CAROLINA COURT OF APPEALS. Filed: 15 January 2013. v. Forsyth County No. 10 CRS 057199 KELVIN DEON WILSON NO. COA12-641 NORTH CAROLINA COURT OF APPEALS Filed: 15 January 2013 STATE OF NORTH CAROLINA v. Forsyth County No. 10 CRS 057199 KELVIN DEON WILSON 1. Appeal and Error notice of appeal timeliness between

More information

UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION

UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION UNITED STATES OF AMERICA v. WILLIAM HENRY BAILEY, Defendant. Case No. 1:00CR00044 OPINION AND ORDER

More information

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the In the Supreme Court of Georgia Decided: May 11, 2015 S15A0308. McLEAN v. THE STATE. BLACKWELL, Justice. Peter McLean was tried by a DeKalb County jury and convicted of the murder of LaTonya Jones, an

More information

People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K.

People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K. People v Bakntiyar 2014 NY Slip Op 32137(U) June 27, 2014 Supreme Court, Kings County Docket Number: 10521/2012 Judge: Danny K. Chun Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Case 1:12-cv-00547-CWD Document 38 Filed 12/30/13 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ALBERT MOORE, v. Petitioner, Case No. 1:12-cv-00547-CWD MEMORANDUM DECISION AND ORDER

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

GLOSSARY OF TERMS - CRIMINAL

GLOSSARY OF TERMS - CRIMINAL GLOSSARY OF TERMS - CRIMINAL Acquittal: A finding that the defendant is not guilty of the charges brought by the government. This finding may be reached by the trial judge in a case tried before a judge

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiffs, : Case No. 10 CV 761

IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiffs, : Case No. 10 CV 761 IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO DIANA SIGMAN, : Plaintiffs, : Case No. 10 CV 761 v. : Judge Berens NELSON E. GENSHAFT, ET AL., : ENTRY Overruling Motion for Summary Judgment Defendants.

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 :

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 : [Cite as State v. McCoy, 2013-Ohio-4647.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2013-04-033 : O P I N I O N - vs - 10/21/2013

More information

MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET

MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET Name of Docket Year Docket Number OTN Arraignment Date Omnibus Deadline Enter First and Last

More information

Dead Docketing Criminal Cases in Georgia

Dead Docketing Criminal Cases in Georgia Digital Commons @ Georgia Law Popular Media Faculty Scholarship 3-1-2003 Dead Docketing Criminal Cases in Georgia Donald E. Wilkes Jr. University of Georgia School of Law, wilkes@uga.edu Repository Citation

More information

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you Offering Defense Witnesses to New York Grand Juries By: Mark M. Baker 1 Your client has just been held for the action of the Grand Jury. Although you have a valid defense, you do not want your client to

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE ORLANDO INGRAM, No. 460, 2014 Defendant Below, Appellant, Court Below: Superior Court of the State of Delaware in v. and for Kent County STATE OF DELAWARE,

More information

THE STATE OF NEW HAMPSHIRE SUPREME COURT NO. 2011-0912 STATE OF NEW HAMPSHIRE DANIEL C. THOMPSON BRIEF FOR THE DEFENDANT

THE STATE OF NEW HAMPSHIRE SUPREME COURT NO. 2011-0912 STATE OF NEW HAMPSHIRE DANIEL C. THOMPSON BRIEF FOR THE DEFENDANT THE STATE OF NEW HAMPSHIRE SUPREME COURT NO. 2011-0912 STATE OF NEW HAMPSHIRE V. DANIEL C. THOMPSON BRIEF FOR THE DEFENDANT Rule 7 Mandatory Appeal 2 nd Circuit District Division - Lebanon Bruce E. Kenna,

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session STEVE EDWARD HOUSTON v. STATE OF TENNESSEE Direct Appeal from the Circuit Court for Giles County No. 9082 Robert L. Jones,

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY [Cite as State v. Rogers, 2014-Ohio-103.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C.A. No. 26877 Appellee v. SHANE E. ROGERS Appellant APPEAL

More information

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065 [Cite as State v. Swartz, 2009-Ohio-902.] IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2008 CA 31 v. : T.C. NO. 2007 TRC 2065 ROBERT W. SWARTZ : (Criminal

More information

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed.

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed. COURT OF APPEALS DECISION DATED AND FILED August 28, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOSEPH GIBBS, Plaintiff, v. Civil Action No. 98-787-JJF JOHN P. DECKERS, et al., Defendants. Darryl K. Fountain, Esquire, LAW OFFICES OF

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: ALISON T. FRAZIER Madison, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis,

More information

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA, * * * * * * * *

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA, * * * * * * * * -rev & rem-slz 2014 S.D. 89 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA STATE OF SOUTH DAKOTA, v. BRANDON M. WOLF, Plaintiff and Appellant, Defendant and Appellee. MARTY J. JACKLEY Attorney General

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40822 DAMON MARCELINO LOPEZ, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 722 Filed: September 15, 2014 Stephen

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Case 307-cr-00289-M Document 368 Filed 08/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, v. DON HILL, et al., Defendants. NO. 307CR289-R ELECTRONICALLY

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40673 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40673 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40673 STATE OF IDAHO, Plaintiff-Respondent, v. ALBERT RAY MOORE, Defendant-Appellant. 2014 Opinion No. 8 Filed: February 5, 2014 Stephen W. Kenyon,

More information

Fairfax County Circuit Court Preferred Criminal Law Practices

Fairfax County Circuit Court Preferred Criminal Law Practices Page 1 Fairfax County Circuit Court Preferred Criminal Law Practices I. Objectives 1. To expedite the efficient resolution of criminal cases. 2. To reduce the number of unnecessary continuances while providing

More information

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellant, vs. AARON BEATTY, Defendant-Appellee. APPEAL NO. C-060988 TRIAL NO. 05TRC-14125B D E C

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. ALI BOSTON Appellant No. 549 EDA 2012 Appeal from the PCRA Order

More information

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED)

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED) COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUFFOLK, ss. SUPERIOR COURT DEPARTMENT STANDING ORDER NO. 2-86 (AMENDED) Applicable to All Counties to cases initiated by indictment on or after September

More information

NOT DESIGNATED FOR PUBLICATION. No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. CITY OF HUTCHINSON, Appellee, DANIEL JACKSON, Appellant.

NOT DESIGNATED FOR PUBLICATION. No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. CITY OF HUTCHINSON, Appellee, DANIEL JACKSON, Appellant. NOT DESIGNATED FOR PUBLICATION No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CITY OF HUTCHINSON, Appellee, v. DANIEL JACKSON, Appellant. MEMORANDUM OPINION Appeal from Reno District Court;

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1. Case: 12-13381 Date Filed: 05/29/2013 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13381 Non-Argument Calendar D.C. Docket No. 3:11-cr-00281-RBD-JBT-1

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc RYAN JOHN CHRONIS, ) Arizona Supreme Court ) No. CV-08-0394-SA Petitioner, ) ) Maricopa County v. ) Superior Court ) No. CR2008-006808-001 DT HON. ROLAND J. STEINLE, JUDGE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:14-cv-00873-JLK Document 60 Filed 07/20/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 1:14-cv-00873-JLK DEBORAH CARTER, v. Plaintiff,

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 1:07-cv-00039-PGC Document 12 Filed 07/20/07 Page 1 of 13 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION JOE R. ALVARADO, Petitioner, ORDER DENYING MOTION PURSUANT TO 28 U.S.C.

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT [Cite as Capital One Bank (USA), N.A. v. King, 2015-Ohio-3600.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT CAPITAL ONE BANK (USA), N.A. JUDGES Hon. William B. Hoffman, P.J. Plaintiff-Appellant

More information

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant )

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) RECOMMENDED DECISION ON MOTION TO SUPPRESS Halvor Carl, charged with

More information

BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B FINDINGS AND ORDER

BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B FINDINGS AND ORDER BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B IN RE: BELINDA BETH BURRIS ARKANSAS BAR ID No. 2007047 CPC Docket No. 2015-034 FINDINGS AND ORDER Belinda Beth Burris is an attorney from

More information

Case 4:11-cr-00722 Document 193 Filed in TXSD on 07/25/14 Page 1 of 11

Case 4:11-cr-00722 Document 193 Filed in TXSD on 07/25/14 Page 1 of 11 Case 4:11-cr-00722 Document 193 Filed in TXSD on 07/25/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA VS. CRIMINAL NO.

More information

Rule 4 Criminal Practice

Rule 4 Criminal Practice Page 1 Rule 4 Criminal Practice 4.01 Initial appearance in criminal arraignment session. Upon release of the defendant from the pretrial confinement, or upon the issuance of a summons, the clerk shall

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 104,651. STATE OF KANSAS, Appellee, SEAN AARON KEY, Appellant. SYLLABUS BY THE COURT

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 104,651. STATE OF KANSAS, Appellee, SEAN AARON KEY, Appellant. SYLLABUS BY THE COURT IN THE SUPREME COURT OF THE STATE OF KANSAS No. 104,651 STATE OF KANSAS, Appellee, v. SEAN AARON KEY, Appellant. SYLLABUS BY THE COURT A defendant charged with felony driving under the influence (DUI)

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6

Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6 Case 2:08-cr-00758-TC-DBP Document 1590 Filed 04/11/14 Page 1 of 6 Michael J. Langford, Utah State Bar #9682 LAW OFFICE OF MICHAEL J. LANGFORD, P.C. 43 East 400 South Salt Lake City, Utah 84111 Telephone:

More information

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO [Cite as State v. Purtilo, 2015-Ohio-2985.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, : O P I N I O N Plaintiff-Appellee, : - vs - : CASE NO. 2015-L-003 ROBERT

More information

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A.

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A. CHARLES EDWARD DAVIS, Applicant-Appellant, vs. IN THE COURT OF APPEALS OF IOWA No. 14-0420 Filed May 20, 2015 STATE OF IOWA, Respondent-Appellee. Appeal from the Iowa District Court for Woodbury County,

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

IN THE MEDINA MUNICIPAL COURT MEDINA COUNTY, OHIO CITY OF MEDINA. Plaintiff. -vs- CASE NO. 01 CRB KRISTEN M. SZWEC. Defendant JUDGMENT ENTRY

IN THE MEDINA MUNICIPAL COURT MEDINA COUNTY, OHIO CITY OF MEDINA. Plaintiff. -vs- CASE NO. 01 CRB KRISTEN M. SZWEC. Defendant JUDGMENT ENTRY IN THE MEDINA MUNICIPAL COURT MEDINA COUNTY, OHIO CITY OF MEDINA Plaintiff -vs- CASE NO. 01 CRB 00342 KRISTEN M. SZWEC Defendant JUDGMENT ENTRY This matter is before the Court on the defendant s motion

More information

IN THE MUNICIPAL COURT OF IOLA, KANSAS. CITY OF IOLA, KANSAS, ) Plaintiff, ) vs. ) 10 ), ) Defendant. DIVERSION AGREEMENT

IN THE MUNICIPAL COURT OF IOLA, KANSAS. CITY OF IOLA, KANSAS, ) Plaintiff, ) vs. ) 10 ), ) Defendant. DIVERSION AGREEMENT IN THE MUNICIPAL COURT OF IOLA, KANSAS CITY OF IOLA, KANSAS, Plaintiff, vs. 10, Defendant. DIVERSION AGREEMENT This Diversion Agreement, made and entered into this day of, 20, by and between, hereinafter

More information

No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * * Judgment rendered June 20, 2007. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * STATE

More information

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated TAKING YOUR OMAHA DUI CASE TO JURY TRIAL If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated Thomas M. Petersen

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA. state a claim on which relief may be granted as the statute of limitations

IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA. state a claim on which relief may be granted as the statute of limitations IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA KERRY CRAIG WALKER, Plaintiff(s), v. CHEROKEE COUNTY, GEORGIA SHERIFF ROGER GARRISON, PRESTON PEAVY, CHEROKEE COUNTY SHERIFF'S DEPARTMENT, ET.AL,

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) LEAGUE OF WOMEN VOTERS ) OF OHIO, et al., ) Plaintiffs,

More information