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Can I motion for a hearing in a municipal court a second…

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Can I motion for a...
Can I motion for a hearing in a municipal court a second time to vacate a plea if the higher court made a determination and affirmed in their favor?
Submitted: 7 months ago.Category: Criminal Law
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10/2/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,164
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Once the higher court ruled and affirmed in favor of the municipal court, if you disagree your next step is to go to the next higher court. You cannot go back to the municipal court once their decision was affirmed to ask them to vacate again, it would be deemed "res judicata" as the case has already been decided by the court and upheld by the higher court.

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Customer reply replied 7 months ago
They affirmed an issue in the plea because they focused on ''manifest injustice''. What I was arguing in my assignment of errors were the effect of the plea where the judge did not read the part of the rules into the record where it was mandatory to do so like in State v. Walsh, 2017-Ohio-549 & State v. Clark,*****3d 239, 2008-Ohio-3748.. I had manifest in justice mingled into my sentences but the main assignment of error was traf r 10 b2 but they never mention it in my appeal opinion they did not touch on traf r 10 b 2 only manifest injustice? So is that still res judicatahttp://www.supremecourt.ohio.gov/rod/docs/pdf/11/2017/2017-Ohio-7963.pdf
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

If you believe that the higher court got it wrong, then you need to proceed to the next higher court on appeal. You cannot go back to the lower court, as the higher court affirmed the lower court ruling, so you have to go to the next higher court and clarify your argument that they focused on the wrong thing and explain what you believed they should have focused on and ask the next higher court to reverse the court that denied your appeal.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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