preliminary hearing transcript

• State v. Lewis, (Ohio 2011)

Evid.R. 609; Evid.R. 613; Evid.R. 803(3); ten-year limitation; domestic violence; preliminary hearing transcript; abuse of discretion; inconsistent testimony; hearsay; prior conviction; impeach; sufficiency.

• Ohio Supreme Court

• State v. Robinson, (Ohio 2008)

Sufficiency of evidence of burglary; Elements of trespass and that someone was likely to be present; Weight; Failure to grant continuance for preliminary hearing transcript where defendant would not allow counsel to request continuance.

• Ohio Supreme Court

• Lisbon Officer's Charge Dismissed; Judge Finds Evidence of a Crime Lacking

Waukesha - The felony charge of misconduct in public office against Lisbon police Sgt. Tom Alioto was dismissed Thursday after a judge ruled it was unclear from his preliminary hearing and the transcript what was unlawful about his conduct. On the advice of his attorney, Alioto declined to comment on the decision.

• The Milwaukee Journal Sentinel
• December 07, 2007

• State v. Winters, (Ohio 2011)

Sufficient evidence was presented to submit the case to the jury; conviction for complicity to commit theft and possession of criminal tools was supported by the manifest weight of the evidence; prosecution did not violate former Crim.R. 16(B)(1)(c) when it disclosed an unedited version of a surveillance tape during trial; and claim of ineffective assistance of counsel for failure to obtain a copy of a preliminary hearing transcript for purposes of impeaching a witness cannot be determined on direct appeal.

• Ohio Supreme Court

• State v. Hunter, (Ohio 2005)

Ineffective assistance of counsel - Preliminary hearing transcript - Failure to object.

• Ohio Supreme Court

• Press-Enterprise Co. v. Superior Court of Cal., County of Riverside, 478 U.S. 1 (1986)

... motion to exclude the public from the preliminary hearing on the complaint under a California statut... refused petitioner's request that the transcript of the proceedings be released. Thereafter, the St...

• U.S. Supreme Court

• State v. Carles, (Ohio 2006)

Trial court did not err in sentencing appellant for a post-release control violation. R.C. 3939.141, contrary to appellant's assertion, is constitutional. The court did not abuse its discretion in denying appellant's ex parte motion for a preliminary hearing transcript. Appellant was not denied due process of law and effective assistance of counsel when his attorney did not properly disqualify the judge, and the court correctly denied the defense a continuance to secure a witness.

• Ohio Supreme Court

• Transcript: Iraqi General May Have Been Beaten

Previously secret court testimony indicates an Iraqi general imprisoned by U.S. forces was badly bruised and may have been severely beaten two days before he died of suffocation during interrogation. References to the alleged beating appear in a transcript, released under court order, from a military preliminary hearing for three soldiers charged with murder and dereliction of duty in the death of Maj. Gen. Abed Mowhoush on Nov. 26, 2003. A fourth soldier faces the same charges but waived a hearing.

• San Gabriel Valley Tribune
• February 01, 2006

• State v. Freeman, (Ohio 2009)

Aggravated robbery; R.C. 2911.01(A)(1); State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624; Indictment defective and permeated trial resulting in structural error; Mens rea for R.C. 2911.01(A)(1) is recklessness; State v. Jones, 7th Dist. No. 07MA200, 2008-Ohio-6971; State v. Davis, 119 Ohio St.3d 113, 2008-Ohio-3879; Speedy trial; Request for preliminary hearing transcript tolls speedy trial time; Judgment entry granting a continuance requested by defendant does not need to contain an explanation for the continuance; When parties agree to continuance the judgment entry granting continuance does not need to contain an explanation for the continuance; R.C. 2945.72(B); Competency evaluation tolls the speedy trial time; Sufficiency of the evidence; Testimony was sufficient to establish that...

• Ohio Supreme Court

• State v. McCoy, (Ohio 2010)

Defendant failed to establish grounds for reversal on the issue of right to counsel at a preliminary hearing. Defendant’s failure to file a transcript of the preliminary hearing has deprived the appellate court of a record to review. Even if the transcript were available, defendant did not file a motion in common pleas court, contesting the lack of counsel at the preliminary hearing, nor has he shown prejudice as the result of any alleged lack of counsel. The trial court also did not abuse its discretion in denying defendant’s motion to substitute counsel on the morning of trial. The trial court adequately investigated the defendant’s complaints, but did not find them sufficient to warrant substitution of counsel. Defendant additionally failed to establish a st...

• Ohio Supreme Court