Eighth District Appellate Court of Ohio

The Trial Court Judge Determined that Since the Trooper Could not Identify the Specific Window Tint Percentage, the Traffic Stop was Unlawful … Would the Appellate Court Agree?

By Admin|2023-04-09T09:07:42-04:00April 10th, 2023|Eighth District Appellate Court of Ohio, Traffic Stops|

Trooper Pangburn did testify as to the permissible amount of tint. He believed [...]

Does Shining a Flashlight Into a Lawfully Stopped Car Violate the Plain View Doctrine?

By Admin|2023-04-07T11:31:06-04:00April 7th, 2023|Eighth District Appellate Court of Ohio, Plain View, Traffic Stops|

Officer Cramer’s use of a flashlight was permissible and did not preclude appli [...]

Can a Suspect be Successfully Charged and Prosecuted for WUD for Possessing a Firearm while under Indictment?

By Admin|2023-03-11T20:38:19-05:00March 13th, 2023|Eighth District Appellate Court of Ohio, Firearms|

The state now bears the burden of proof and is required to “justify its regulat [...]

Can a Traffic Stop be Extended for a Canine if the Suspect is Nervous and the ‘Account of Her Travels’ Did Not Make Sense?

By Admin|2023-02-14T08:38:31-05:00February 14th, 2023|Canine, Consent, Eighth District Appellate Court of Ohio, Pat Down|

[W]e conclude the police officer failed to articulate specific facts to support [...]

Did Law Enforcement Entrap Joshua to Engage in Sex with a Fifteen-Year-Old or was He Predisposed to the Crime of Importuning?

By Admin|2022-10-04T20:38:32-04:00October 7th, 2022|Eighth District Appellate Court of Ohio, Entrapment, Importuning|

Although the law enforcement officers presented Mr. Carver the opportunity to c [...]

Wayman had an “Unnatural” Felonious Bulge in His Groin but was it Admissible?

By Admin|2022-12-03T10:31:19-05:00March 29th, 2022|Eighth District Appellate Court of Ohio, Pat Down, Plain Feel, Strip Search|

Because competent, credible evidence supports the trial court’s findings and ap [...]

Both Gail and Million Claim Self-Defense in a Domestic Violence Assault

By Admin|2022-03-11T16:11:08-05:00March 11th, 2022|Domestic Violence, Eighth District Appellate Court of Ohio, Self-Defense|

What is the Self-Defense Standard? And Whom to Believe? Having carefully review [...]

Was Joe’s Busking and Profanity Protected by the First Amendment?

By Admin|2022-02-20T14:04:31-05:00February 21st, 2022|Disorderly Conduct, Eighth District Appellate Court of Ohio, First Amendment|

Sgt. Colon concedes that busking is permitted at the shopping center such that [...]

Was Natalie’s Knee to the Groin of Sgt. Dial protected by the First Amendment?

By Admin|2022-02-14T19:34:35-05:00February 4th, 2022|Assault on a PO, Eighth District Appellate Court of Ohio, First Amendment|

No one has a First Amendment right to physically assault another, especially a [...]

Eighth District Appellate Court Adds a Sequencing Element to Carrying a Concealed Handgun

By Admin|2021-09-10T20:28:16-04:00September 13th, 2021|CCW, Eighth District Appellate Court of Ohio, Probable Cause, Reasonable Suspicion|

State v. Massingill 2021 – Ohio – 2674 Eighth District Appellate Court Cuyahoga [...]