chain of custody of evidence

• State v. Corder, (Ohio 2012)

Criminal law: chain of custody; manifest weight of the evidence; authentication; ineffective assistance of counsel; sentencing; abuse of discretion; contrary to law; organized criminal activity; jail time as part of community control sanction.

• Ohio Supreme Court

• BackTrack from StrandWare Helps Law Enforcement Agencies Track Evidence; Tracks Full Chain of Custody for All Types of Evidence.

Business/Technology Editors EAU CLAIRE, Wis. and KEENE, N.H.--(BUSINESS WIRE)--Aug. 6, 2001 The BackTrack(R)Group, a division of StrandWare(R)Inc....

• Business Wire
• August 06, 2001

• State v Ward, (Ohio 2011)

On appeal, Ward argues that the trial court erred in convicting him of multiple offenses of trafficking in drugs where those offenses were allied offenses of similar import; in allowing the introduction of laboratory reports of evidence where a chain of custody for the evidence was not established; in considering the State’s unproven and prejudicial statements and allowing the improper introduction of his prior convictions at sentencing; and, in sentencing him to maximum, consecutive sentences. Based on the following, we affirm the judgment of the trial court.

• Ohio Supreme Court

• Electronic Discovery in International Arbitration: Where Neither the Iba Rules nor U.S. Litigation Principles Are Enough

Electronic discovery is an important developing issue in international arbitration and deserves considerably more attention than it has received thus far. Electronically-stored information (ESI) is located on computer networks and hardware drives, removable disks and back-up tapes. In December 2006, the US Supreme Court amended the Federal Rules of Civil Procedure to include rules that specifically address e-discovery. This article summarizes some of the lessons learned from e-discovery in US litigation, which might prove useful in international arbitration. When ESI is to be used as evidence, proof of the chain of custody may be required to disprove tampering or alteration. Once a litigation is filed, parties generally become subject to a duty to preserve all potentially relevant infor...

• Dispute Resolution Journal
• Vol. 62 Nbr. 4, November 2007

• State v. Childers, (Ohio 2011)

Felonious Assault - Other Acts Evidence; Chain of Custody; Manifest Weight

• Ohio Supreme Court

• State v. James, (Ohio 2010)

Defendant-appellant did not demonstrate a violation of constitutional prohibition of ex post facto laws when the court sentenced him in accordance with State v. Foster for offense committed three years after Foster ruling. Generally, ex post facto prohibition applies to legislative enactments taken after an action has been committed. Trial counsel was not ineffective by entering into stipulation as to chain of custody of evidence absent evidence that would undermine the chain. Defendant failed to show trial counsel was ineffective for not having defendant testify when record is devoid of evidence that defendant requested to testify, counsel denied that request, and there is no evidence to demonstrate prejudice to defendant.

• Ohio Supreme Court

• State v. Woodland, (Ohio 2005)

Miranda Rights - Unlawful Arrest - Enforcement of Plea Agreement - Chain of Custody - Sufficiency of Evidence.

• Ohio Supreme Court

• State v. Curtis, (Ohio 2011)

OVI impaired conviction is supported by sufficient evidence and not against the manifest weight of the evidence. Failure to challenge admissibility of chemical tests via pretrial motion waives foundational admissibility requirement. Court did not abuse its discretion in admitting blood evidence taken outside three hour time limit for limited purpose of determining presence of alcohol. Testimony was sufficient to establish substantial compliance with ODH regulations for chain of custody and refrigeration of blood evidence. While failure to challenge constitutionality of R.C. 2945.75(B)(2) at the trial level actually waived the issue on appeal, appellant's due process rights were not violated by use of certified BMV records to prove prior convictions under the statute.

• Ohio Supreme Court

• State v. Jackim, (Ohio 2006)

Motion in Limine, Exclusion of Evidence, Chain of Custody, Authentication, Admissibility, Weight of Evidence, New Trial.

• Ohio Supreme Court

• State v. Wiley, (Ohio 2012)

The convictions on three drug-related offenses are supported by sufficient evidence and are not against the manifest weight of the evidence. The state established an adequate chain of custody for exhibits. A detective described the evidence at the defendant’s residence, identified some of the items in photographs, testified to the evidence-collection procedure followed by other officers, and described his retrieval of the exhibits from the property room. Finally, the trial court did not err by not giving an instruction, sua sponte, limiting the jury’s consideration of the testimony about the conduct of defendant’s acquaintances who the defendant admitted had been producing methamphetamine. Appellant never requested the instruction. Judgment affirmed.

• Ohio Supreme Court