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Blog Posts in March, 2012

  • The Law Of Self-Defense: Ohio vs. Florida

    The recent death of twenty-one-year-old Trayvon Martin in Sanford, Florida at the hands of neighborhood watch member George Zimmerman has sparked increased attention to state laws regarding an individual's right to use deadly force in self-defense . Each state has different laws regarding the exercise of self-defense, but can generally be placed into one of two categories: " stand your ground " or ...
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  • United States Supreme Court Rules Criminal Defendants Entitled To Competent Legal Representation In Plea Bargaining

    Wednesday, the United States Supreme Court issued a pair of decision holding that criminal defendants have a constitutional right to effective legal representation during plea negotiations. In Missouri v. Frye , No. 10-444, and Lafler v. Cooper , No. 10-209, the Court voted 5-4 to establish a mechanism by which a criminal defendant could challenge a conviction resulting from a jury trial in cases ...
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  • Examining Ohio Law: Part Four - Field Sobriety Tests Continued

    Yesterday, DiCaudo, Pitchford & Yoder presented the third installment in its St. Patrick's Day series on OVI/DUI law in Ohio. That post discussed Standardized Field Sobriety Tests ("SFST"), specifically, the standards for administration of the tests and admissibility of results in court. This installment delves a little deeper in the details of each of the three SFST's, including what they consist ...
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  • Examining Ohio Law: Part Three - Field Sobriety Tests

    Standardized Field Sobriety Tests ("SFST") are a set of tests administered by law enforcement officials to individuals suspected of being intoxicated and are designed to elicit certain indicators, known as "clues, of impairment. SFST's were developed from research performed at the Southern California Research Institute and sponsored by the National Highway Traffic Safety Administration ("NHTSA"). ...
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  • Examining Ohio Law: Part Two - What Is An OVI/DUI?

    This is the second installment of DiCaudo, Pitchford & Yoder's, St. Patrick's Day series exploring the ins and outs of Ohio's OVI/DUI laws. Surprisingly often, people are unsure or confused as to what exactly consitutes a OVI/DUI in Ohio. Today's post is designed to provide information regarding the elements necessary to establish an OVI/DUI offense. Ohio Revised Code 4511.19, et seq. , defines ...
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  • Examining Ohio Law: OVI/DUI - Part One

    With St. Patrick's Day coming up and law enforcement stepping up OVI/DUI enforcement throughout the State of Ohio, the attorneys of DiCaudo, Pitchford & Yoder have decided to issue a series of blog postings designed to inform you about Ohio's OVI/DUI laws. Today's entry shows just how important it is to be informed as to Ohio's OVI/DUI laws. Friday, the Ohio State Highway Patrol released a Traffic ...
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  • Ohio Prosecutor Seeks To Disqualify Judge From OVI/DUI Cases

    Thursday, Butler County Assistant Prosecutor Donald R. Caster filed motions seeking to have Butler County Area Court Judge Robert H. Lyons disqualified from presiding over approximately ten pending OVI/DUI cases. Caster alleges that Lyons' obligations as a part-time judge conflict with his practice as a private defense attorney similar cases. At issue in the cases are whether the alcohol breath ...
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