Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

How come the court of appeals did not rule in the way they…

Customer Question
How come the court of...

How come the court of appeals did not rule in the way they did other cases when it comes to no contest pleas? If you look at State v W**** the judge failed to include that part of the language in traf rule 10 b2 and in my transcript the judge does not say anywhere about: '' The plea of no contest is not an admission of defendant's guilt, but is an admission of the truth of the facts alleged in the indictment, information, or complaint, and the plea or admission shall not be used against the defendant in any subsequent civil or criminal proceeding.'' and it was reversed. But mine was affirmed. In State v. Buckwald 8th dist 2009-Ohio-4032 There was a complete failure to comply with the rule on the part of the trial court because the trial court failed to mention any of the language in traf. r 10 b 2 regarding the effect of Buckwalds no contest pleas. Thus, a prejudice analysis is not necessary. The link below is my case. 3rd assignment of error http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2017/2017-Ohio-7963.pdf

Submitted: 7 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
10/2/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,229
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Criminal Law Question
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

In paragraph 31 of the ruling, which is the main issue you are asking about, the appeals court is saying several things.

The paragraph says:

The record reveals appellant’s no contest plea was knowingly, intelligently, and voluntarily made. Appellant was afforded a full hearing and the trial court advised appellant of his rights at that time. The transcript establishes appellant wished to plead no contest, consented to a finding of guilt, and waived the reading of the facts upon which the matter was brought. Appellant had no questions regarding the resolution of the case, i.e., a zero point $100 fine plus costs for the marked lanes offense. In support of his argument here, appellant mentions dash cam video footage. However, there is no dash cam DVD in the record before us. Appellant fails to demonstrate any prejudice 8 or manifest injustice due to the trial court’s denial of his motion to vacate regarding his no contest plea.

So, they are claiming that the trial transcript showed the court DID advise you of your rights as required AND that you "wished to plead no contest..." Furthermore, they state your agreement was to ZERO points and a $100 fine. So what the court is claiming here is that your claim they did not notify you of the rights and effects of a no contest plea has no merit based on the other facts they discussed. When a court does as you are claiming, your appeal has to show the harm caused as well as the proof that you not being advised of those rights and effects of the no contest plea caused you that harm. This is not for the municipal court to revisit.

The court said no DVD was presented, but if it was presented or in the case record in the lower court, then you have the claim of an INCOMPLETE record being submitted by the municipal court to argue that had the Appeals court had the complete record their decision would likely have been different and you can do so by getting the DVD from the municipal court record and submitting it to the Appeals Court with a motion for reconsideration and ask them to reconsider. You would also have to explain why the court not explaining the no contest plea as you claim and again quoting the language from Buckwald. If the appeals court denies your reconsideration, your sole remaining recourse is an appeal to the OH Supreme Court not going back to the municipal court.

So it is not that you are without recourse, it is that your recourse is not going back to lower courts as you asked, it is going higher to the OH Supreme Court furthering 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.

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
are you saying if the language the judge must quote in Traf r 10 B2 could only be reversed if there was some sort of harm done 1ST? Without some harm like going to jail or something then the missing language doesn't matter?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

The courts hold that if no harm was done or it would not have changed the outcome of the case, it would be considered "harmless error" which is insufficient to change the decision of the lower court.

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
How is it harmless error when it says a prejudice does not have to be shown when a judge does not comply with the rule? In a case similar to mine in State v Semenchuk they say the trial court did not recite the effect of the no contest plea as contained in Traf.R. 10(B)(2) at any time; i.e., the court failed to inform Semenchuk that “no contest” means she is admitting the truth of the facts in the complaint.N. Royalton v. Semenchuk, 2010-Ohio-6197 - The trial court's failure to mention any language in traf r 10 b2 constitutes complete failure to comply with the rule and therefore, an analysis of prejudice is unnecessary.
Customer reply replied 7 months ago
I understand I have to motion for reconsideration or take it to the supreme court but I don't see where harm or prejudice needs to be proved in order to have the plea vacated/reversed if the judge does not say no contest. I added the trial transcript as an attachment. I do not see where this was mentioned. I just want to make sure I'm clear before moving up the chain or just dropping it.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

All they are saying is that as long as the actions of the court did not change the outcome the error is harmless. I did not see anywhere in the court's description any claims from you as to how had you been informed of this information it would have changed your decision to plead no contest for this $100 fine without points, which is what you had to argue to be consistent with the court cases you keep mentioning.

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.

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
I pointed out that had I had the dash cam evidence before I plead no contest I would not have entered it because it doesn't show a violation. I was completely unfamiliar of the rules and court procedure back then. The e-mail proof I had that I requested dash cam evidence before arraignment did not reach the prosecutor and I had no paper trail or records of the phone calls I made that were never returned back when I requested it. I know now how to properly file discovery and make sure to get anything filed stamped for my own records.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

No DVD was ever presented to the appeals court, they mentioned it in their ruling. The court also said from the records it appeared that you were the one who wanted to plead no contest and that the court did read you your rights about the rights to go to trial. I am just going off of what the court wrote in their opinion, remember I was not there and you arguing it back and forth with me may help clarify it in your mind, but understand you still have only two options which are reconsideration or appeal to supreme court and your clock is ticking to do those.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 124,229
124,229 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
what does Case disposed with disposition of Dismissed by Prosecution
what does Case disposed with disposition of Dismissed by Prosecution - CrR43(a) / MO 11(a) mean?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In the state of KY my friend is charged with 2nd degree Burglary
In the state of KY my friend is charged with 2nd degree Burglary and 1st degree criminal mischief. The house was never entered nor garage or any other building, the owner of the house has stated that.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
In Pennsylvania, can magesterial district courts just papers
In Pennsylvania, can magesterial district courts just papers to someone's house and consider the papers served? One of my relatives got a summary trial notice in the mail. It came in the mail and it w… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I am going to have a jury trial in a civil district court.
Hello!I am going to have a jury trial in a civil district court. What is the ratio for me to win?I know it's different from criminal, where you must convince all 12 jurors to win.Thank you!… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A criminal trial has ended. All post trial methods of relief
A criminal trial has ended. All post trial methods of relief have bee exhausted, coram nobis, habeas corpus etc.What might be the most effective way to bring a collateral action to declare an indictme… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,229 satisfied customers
If a person logdes a complaint with the courts (family or
If a person logdes a complaint with the courts (family or criminal) about a family member's past physical abuse; can the accussed be brought up on charges when authorities were not called when the inc… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
217 satisfied customers
A complaint has been filed in court charging with a
A complaint has been filed in court charging with a violation of section (s) PC409.2 n and directed to appear in court on 4/4/18. Wi … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,229 satisfied customers
A law enforcement agent files a criminal complaint against a
A law enforcement agent files a criminal complaint against a suspect to get an arrest warrant issued.In the complaint, the agent states that he has not included every fact known to him concerning the … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,229 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,229 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
12,102 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
217 satisfied customers
I have a police criminal complaint on me and under the
I have a police criminal complaint on me and under the "Statue Description" section they put 18 PA. CSA Section 2701(a)(1) Simple assault. Then underneath it in the "Acts of the accused associated wit… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
217 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
124,229 satisfied customers
I just received in the mail a 'Summary Trial Notice'
I just received in the mail a 'Summary Trial Notice' accompanied by Harassment charges. These are filed by the daughter of my elderly friend/neighbor who they just put into an 'assisted living' facili… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My DUI in Phoenix municipal court was dismissed without prejudice
My DUI in Phoenix municipal court was dismissed without prejudice after my lawyer successfully argued a motion to suppress my BAC results. The city prosecutor filed an appeal of the judgment on the mo… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x