Trial Court Exceeded Its Authority When it Modified Sentences that Had Been Affirmed on Appeal - DUI News - 5/6/2016
/Eleventh District rejects trial court's attempt to manipulate sentencing on remand.
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Eleventh District rejects trial court's attempt to manipulate sentencing on remand.
Read MoreThe Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.
Read MoreThe 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.
Read MoreTwo cases from the 11th District, granting an appeal in one case after the trial court admitted into evidence a defendant's prior OVI convictions over his offer to stipulate to the prior convictions, and modifying a sentence in a second case after misapplication of the sentencing statutes.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
by Brian J. Smith, Esq
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