State v. Barnes, 2010-Ohio-987 - Third District Court of Appeals of Ohio

Barnes presented GPS evidence to prove he wasn't speeding, but failed to provide follow-up evidence of the accuracy of his GPS unit in his cellular phone.  He then argued on appeal that he was denied a closing argument in addition to the fact the court ruled against the manifest of evidence, we will cover the closing argument.

CLOSING ARGUMENT:
"Thus, a trial court is not permitted to totally deny a criminal defendant the opportunity to present a closing argument whether his trial is to a jury or to the bench. Id., see also, e.g., State v. McCausland, 124 Ohio St.3d 8, 918 N.E.2d 507, 2009-Ohio-5933, at ¶ 6. However, the right to present a closing argument may be waived. Id. at ¶ 7, citing Yopps v. State (1962), 228 Md. 204, 207, 178 A.2d 879.  Recently, the Ohio Supreme Court held that such a waiver need not be express, intentional, and voluntary. McCausland, 2009-Ohio-5933, ¶¶ 8-10. Rather, “[a] criminal defendant waives the Sixth Amendment right to present a closing argument when he or she neither requests a closing argument nor objects to its omission.”

In order to claim the trial court erred by not allowing you to present a closing argument, you must have expressley requested the closing argument or objected to the court stating you object to any ruling because you have not been granted your Sixth Amendment right to a closing argument.  Failure to do so does not allow you to win an Appeal based on the courts error.

State v. Bradley, 2010-Ohio-309 - 5th District Court of Appeals of Ohio

Bradley lost his appeal due to not bringing to the attention of the lower court that his demand for discovery was not completed by the prosecution, and by not obtaining a written full transcript of the court proceedings.  These are two items that were clearly within the control of Bradley, but are easy items to miss.  If you plan on fighting your ticket and you are going to appeal it if you lose your case, you must be thorough and collect all evidence and make all objections possible to provide to the applicable Court of Appeals.

DEMAND FOR DISCOVERY:
"The record reflects that appellant filed a discovery request on March 19, 2009. On the same day, the judge ordered the prosecutor to provide discovery to appellant within 15 days. The record does not reflect any further filings regarding discovery. While appellant now argues that the prosecutor failed to comply fully with his discovery demand, the record does not reflect that appellant brought this to the attention of the court as required by Crim. R. 16(E)(3), nor does the record reflect that appellant did not received discovery of materials to which he was entitled under Crim. R. 16.  {¶13} The second assignment of error is overruled."

I recommend demanding discovery from the prosecutor, and in this case the appellant filed a demand for discovery, but he did not raise his objection or unfulfilled demand before the trial court. In order for a discovery request to be valid on appeal, the lower court must have notice the discovery was not fulfilled. I would do this in writing as a motion, and I would bring it up at the beginning of the trial to have it on the transcript record. If the judge acknowledges the discovery was not complete but proceeds with the trial, you have a point to make on appeal.

REQUEST A WRITTEN TRANSCRIPT OF PROCEEDINGS:
When filing an appeal always remember to obtain a full transcript of the proceedings and submit it on time to the appeals court.  "However, App. R. 9(B) requires the transcript to be ordered from the court reporter.  Appellant failed to properly order a transcript of the proceedings and accordingly, the record was transmitted to this court without a transcript of the proceedings.  Absent a transcript, we must presume regularity in the proceedings in the trial court. Knapp v. Edwards Laboratory (1980), 61 Ohio St.2d 197, 400 N.E.2d 384."  Without the transcript, you cannot show what you are proving was contrary to previous case rulings or to the existing law.  If the court gives you a CD to be transcribed, the fees for the CD and transcription costs are considered refundable court costs if you win your appeal.

State v. Brooks, 2010-Ohio-1119 - Appeals Court of Ohio

State v. Hoover, 123 Ohio St.3d 418, 2009-Ohio-4993 - Ohio Supreme Court Ruling

Normally I do not discuss DUI cases on here because my main interest is in fighting speeding tickets, however, I think this ruling from the Supreme Court is important to all motorist. 

Syllabus of the court: In this case, we consider the constitutionality of R.C. 4511.19(A)(2), which requires the imposition of criminal penalties upon certain persons who refuse to consent to chemical testing after being arrested for operating a motor vehicle while under the influence of alcohol or a drug of abuse (“DUI”).1 We hold that R.C. 4511.19(A)(2) does not violate the Fourth Amendment to the United States Constitution or Section 14, Article I of the Ohio Constitution.

The Ohio Supreme Court used the case of the State v. Starnes (1970), 21 Ohio St.2d 38, 50 O.O.2d 84, 254 N.E.2d 675, paragraph one of the syllabus, this court found the implied-consent statute to be constitutional as a basis for administering breathalzyer testing. 

Driving is considered a privilege in the United States and not a universal freedom, and as such, the driver automatically consents to the administration of testing to see if the driver is intoxicated in violation of the OVI laws.