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Defendant did not show standing in place he occasionally stayed at when he was found there after a murder

By John Wesley Hall, Jr.

Defendant failed to show that he had standing in the apartment that was searched where he occasionally stayed where the baseball bat used in a murder was found. He occasionally was an overnight guest, but not at the time of this search. State v. Dooley, 2008 Ohio 1748, 2008 Ohio App. LEXIS 1512 (2d Dist. April 11, 2008): [*P17] In the instant case, the evidence established that Dooley resided in the apartment directly above Todd's apartment. Todd was the sole leaseholder on her apartment, and Dooley did not have a key to her residence. Todd was also the only person to pay the rent at her apartment. We note that the baseball bat believed to have been used in the murder of Todd did not belong to Dooley and was found in an umbrella stand placed in the living room of her apartment...continue to full post

Full post as published by Fourth Amendment on April 14, 2008 (boomark / email).