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OH8: On revo of probation, defendant could not relitigate alleged unlawful search waived by prior guilty plea

By John Wesley Hall, Jr.

Defendant could not raise on appeal from his revocation of probation conviction the search that led to his guilty plea that put him on probation in the first place. It was waived by the plea. State v. Lenard, 2010 Ohio 2220, 2010 Ohio App. LEXIS 1822 (8th Dist. May 14, 2010).* The trial court’s findings that the state did not prove that consent was valid by clear and convincing evidence is binding on appeal because it is supported by the evidence. State v. Tell, 2010 Ohio 2217, 2010 Ohio App. LEXIS 1814 (8th Dist. May 20, 2010).* The state showed sufficient necessity for continuing the wiretaps in this drug investigation to satisfy the Fourth Amendment. People v. Roberts, 2010 Cal. App. LEXIS 711 (4th Dist. May 21, 2010).*

Full post as published by Fourth Amendment on May 24, 2010 (boomark / email).