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Ohio

Ohio Court of Appeals (Third District)
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State v. Graham — Third District reverses eight rape convictions for insufficient evidence of separate acts, affirms remaining counts

The Third District reversed eight of nine rape convictions involving a minor victim, holding that the State failed to present sufficient evidence to distinguish each count as a separate act, while affirming convictions on one rape count and two gross sexual imposition counts.

Ohio Court of Appeals (Third District)
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State v. Lundeen — Third District upholds constitutionality of Ohio’s distracted driving statute, rejects GPS-use defense

The Third District affirmed a conviction under R.C. 4511.204, Ohio’s distracted driving statute, rejecting constitutional challenges based on equal protection, due process, and vagueness, and holding that holding a phone for GPS navigation while driving violates the statute.

Ohio Court of Appeals (Eleventh District)
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State v. Noble — Eleventh District reverses sentence for violation of defendant’s right of allocution

The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.

Ohio Court of Appeals (Twelfth District)
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State v. Garcia-Gutierrez — Twelfth District holds trial courts lack authority to impose lifetime parole supervision for murder

The Twelfth District reversed a murder sentence that included ‘lifetime parole supervision,’ holding that no Ohio statute authorizes a trial court to impose such a condition and clarifying the distinction between imposing parole terms and notifying defendants of parole eligibility.

Ohio Court of Appeals (Twelfth District)
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State v. Toshniyazov — Twelfth District reverses denial of plea withdrawal, requires Strickland analysis for noncitizen’s IAC claim

The Twelfth District reversed the trial court’s denial of a noncitizen defendant’s motion to withdraw his no-contest plea, holding that the court was required to apply the Strickland two-prong test when the motion was premised on counsel’s failure to advise of immigration consequences under Padilla v. Kentucky.

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