DiCaudo & Yoder Attorneys Achieve Success On Appeal

Criminal DefenseFelony

December 6, 2012

In two consecutive weeks, Ohio’s Ninth District Court of Appeals has released appellate decisions ruling in favor of DiCaudo, Pitchford & Yoder attorneys.

On November 28, 2012, in State v. Evans, the 9th District affirmed a trial court decision sustaining DiCaudo, Pitchford & Yoder Attorney Tom DiCaudo’s motion to suppress evidence illegally seized by police during a traffic stop.

In Evans, police stopped a vehicle in which defendant was a passenger for a traffic violation. While in the process of writing a traffic citation, the officers obtained consent to search the vehicle, during which drugs were discovered. The trial court suppressed the drug evidence, determining that the officers had “no objective basis to believe that the driver had committed or was about to commit a criminal offense,” and therefore should have issued a traffic citation for failure or told the driver and passengers that they were free to leave.

In affirming the trial court’s decision, the Appeals Court held that “In the absence of credible evidence establishing that the driver gave permission to search his car while the officers were investigating the traffic offense, the court correctly granted Ms. Evans’s motion to suppress.”

On December 5, 2012, in State v. McCreery, the 9th District reversed a trial court decision denying DiCaudo, Pitchford & Yoder Attorney Nicholas Horrigan’s motion to expunge a felony firearm offense that, due to recent legislative action, is no longer a crime under Ohio law.

In McCreery, the defendant sought to have a 2005 felony conviction for improper handling of a firearm in a motor vehicle expunged pursuant to a new legislative provision decriminalizing the offense. The trial court denied the expungement, and, on appeal, the Ninth District reversed and remanded the matter.

In determining that the trial court erroneously denied the motion for expungement, the Appeals Court opined that the trial court had improperly considered evidence outside the record and relied on facts not in evidence.

The experienced attorneys of DiCaudo, Pitchford & Yoder have extensive experience defending against criminal offenses in an appellate setting. If you questions regarding Ohio’s appeal process, a knowledgeable Criminal Attorney from DiCaudo, Pitchford & Yoder may be able to help. For legal advice or information, contact, the attorneys at DiCaudo, Pitchford & Yoder today