Don Wolery

• Hillman v. Kosnik, (Ohio 2008)

Summary judgment on medical malpractice and lack of informed consent claims appropriate because plaintiffs failed to offer expert medical testimony on those issues in response to motion for summary judgment. In jury trial on plaintiffs' fraud claim, trial court did not err when it denied motion for mistrial after appellees' counsel referred to claims that had been dismissed, and no prejudice resulted from trial court's response to jury question identifying defendant doctor as an expert witness.

...Rendered on December 4, 2008 . Don E. Wolery, and Steven E. Hillman, for appellants. . Freund, ...

• Ohio Supreme Court

• Ohio Man Joined Al-Qaida, Indictment Says

COLUMBUS, Ohio - A federal grand jury indicted an Ohio man on charges of joining al-Qaida and conspiring to bomb European tourist resorts and U.S. government facilities and military bases overseas, officials announced Thursday. Christopher Paul, 43, a U.S. citizen and resident of Columbus, spent time learning hand-to-hand fighting and how to use grenades and assault rifles at an al-Qaida camp in Afghanistan in the early 1990s, according to a federal grand jury indictment. He then joined the terrorist group in Pakistan and told al-Qaida members he was dedicated to committing violent jihad.

...Paul's lawyer, Don Wolery, declined comment after the hearing. A friend of P...

• Charleston Gazette
• April 14, 2007

• Ohio Man Charged with Joining Al-Qaida, Alleged Bomb Plot

COLUMBUS, Ohio -- A federal grand jury indicted a U.S. citizen on charges of joining al-Qaida and conspiring to bomb European tourist resorts and U.S. government facilities and military bases overseas. Christopher Paul, 43, of Columbus, trained with al-Qaida in the early 1990s, the indictment issued Wednesday says. The indictment says he told al-Qaida members in Pakistan and Afghanistan that he was dedicated to committing violent jihad.

... was postponed until his attorney, Don Wolery, could be present. Wolery did not immediately retu...

• Deseret News (Salt Lake City)
• April 12, 2007

• State v. Caldwell, (Ohio 2011)

Terry Search

• Ohio Supreme Court

• State v. Teague, (Ohio 2012)

BURGLARY/ROBBERY - evidence was sufficient to prove defendant aided and abetted in robbery where he drove two accomplices to crime scene, waited for them to complete robbery, and was seen by police acting as getaway driver within ten minutes after the robbery was completed. Evidence was sufficient to prove defendant had a firearm for purposes of carrying a concealed weapon and improper handling of firearm in a motor vehicle where he had access to it in the getaway vehicle.

• Ohio Supreme Court

• State v. Swalley, (Ohio 2011)

CRIMINAL: possession of drugs; insufficient evidence; constructive possession; jointly occupied premises.

• Ohio Supreme Court

• State v. Priest, (Ohio 2011)

The trial court did not abuse its discretion when dismissing a juror for cause where the views and opinions of the juror would have substantially impaired her ability to perform her duties as a juror; appellant’s conviction for having a weapon while under disability was supported by sufficient evidence; the trial court was not required to make finding of facts prior to ordering appellant to serve his sentences consecutively. Judgment affirmed.

...Wolery (1976), 46 Ohio St.2d 316, 329.   “Thus, posse...

• Ohio Supreme Court

• State v. Graziani, (Ohio 2010)

There was sufficient evidence to support the jury's verdict finding the defendant guilty of possession of cocaine. Furthermore, the trial court did not err in denying the defendant's motion to suppress because, based on the totality of the circumstances, a typical reasonable person would have understood that the defendant gave his voluntary consent to search the entire vehicle. Judgment affirmed.

... State v. . Wolery (1976), 46 Ohio St.2d 316, 348, N.E.2d 351. Domin...

• Ohio Supreme Court

• State v. Siefer, (Ohio 2011)

Defendant-Appellant, Rosemary Siefer, appeals from the judgment of the Court of Common Pleas of Hancock County sentencing her to a ten-year and five-month prison term and ordering her to pay $200.00 in restitution to the Hancock County METRICH Enforcement Unit. On appeal, Siefer contends that the trial court erred in sentencing her on two counts of possession of cocaine and one count of aggravated possession of drugs, as the offenses were allied offenses of similar import; that the trial court abused its discretion in sentencing her to a ten-year and five-month prison sentence; that the trial court erred in failing to properly include a term of post-release control in her sentence in violation of R.C. 2967.28; that the sentence was void pursuant to Crim.R. 32 for failing to include the...

... State v.  Wolery (1976), 46 Ohio St.2d 316; see, also, State v....

• Ohio Supreme Court

• State v. Zachery, (Ohio 2009)

Manifest weight

.... State v. Wolery (1976), 46 Ohio St.2d 316, 332, 348 N.E.2d 351. Do...

• Ohio Supreme Court