Daily Archives: January 22, 2023

KY: Defs showed enough to get a post-conviction hearing officers planted drugs they pled guilty to

Defendants moved to vacate guilty pleas for drug possession after the officers involved were federally indicted for planting drugs on suspects. The trial court denied without a hearing because of the guilty pleas. The CoA reversed and ordered a hearing. … Continue reading

Posted in Warrant execution | Comments Off on KY: Defs showed enough to get a post-conviction hearing officers planted drugs they pled guilty to

OH6: State could get a jury instruction that defendant refused to submit to a DNA search

The state could get a jury instruction that defendant refused to submit to a DNA search. State v. Roberts, 2023-Ohio-142, 2023 Ohio App. LEXIS 131 (6th Dist. Jan. 18, 2023). The facts in isolation may not show reasonable suspicion but … Continue reading

Posted in Automobile exception, DNA, Dog sniff, Reasonable suspicion, State constitution | Comments Off on OH6: State could get a jury instruction that defendant refused to submit to a DNA search