OH2: Not clearly erroneous for court to rely on dashcam over officer’s testimony re stop

The trial court could rely on the dashcam video over the officer’s testimony where there was an apparent contradiction. State v. Wilson, 2017-Ohio-9317, 2017 Ohio App. LEXIS 5816 (2d Dist. Dec. 29, 2017).

Defendant’s stop was based on reasonable suspicion and was valid. Defendant can’t show bad faith in the ultimate destruction of the dashcam video. State v. Jackson, 2018-Ohio-19, 2018 Ohio App. LEXIS 6 (9th Dist. Jan. 3, 2018).*

The district court credited defense counsel that defendant’s plea offer included a waiver of his motion to suppress with a plea cutoff weeks before the suppression hearing, and defendant insisted they have the hearing knowing the plea cutoff date. The court also rejected defendant’s claim defense counsel said that they would undoubtedly win the motion to suppress. Instead of a 120 month sentence cap, defendant was sentenced as a career offender. COA denied. United States v. Dodds, 2018 U.S. App. LEXIS 89 (10th Cir. Jan. 3, 2018).*

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