Legal Question in Criminal Law in Ohio

appeal

Someone was convicted of murder and the person says he did not do it. After the trail we later found out that his attorneys were not criminal attorneys and also that some of the jurors knew him from awhile back. Is that allowed during a trial. they also had no pysical evidence. One person as told that if he testified he would get off clean een though he was with the accused at the time of the crime. The other witnesses were two drug addicts who are both now dead. He's appeal was turned down and he is going to file another one.


Asked on 3/11/08, 12:41 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: appeal

This is a very troubling issue. There is nothing per se wrong with people on the jury who know the defendant -- sometimes that works for the defendant while other times it would work against him. When you say that the attorneys were "not criminal attorneys" does that mean that they did not have experience with criminal trials? If so, there may be a basis to ask for a new trial based on ineffective assistance of counsel.

You also state that he has lost one appeal and is going to file another one. Normally, you only get one direct appeal to the Court of Appeals (unless this was a death penalty case) but you can ask the Ohio Supreme Court to review the decision of the Court of Appeals. There is another process, called post conviction, that can be filed if it is done in a timely manner.

These are very complex issues and he needs an attorney to help him. If the family cannot afford an attorney I recommend that you contact the State Public Defender's Office.

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Answered on 3/11/08, 12:52 pm


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