State v. Roy - merger of trafficking and possession

In State v. Roy, the 12th Appellate District of Ohio reversed a sentencing pursuant to Johnson. The appellate court found that the trafficking and corresponding drug possession charges were allied offenses for the purpose of Johnson and, therefore, the state would be required to choose which charge to proceed with at sentencing.

State v. McCree - search / seizure and drug trafficking

In State v. McCree, the 12th Appellate District of Ohio upheld the 17 + 6 month sentence for trafficking cocaine + possession of cocaine. The sentences were imposed consecutively, meaning that the sentence was effectively a 23 month sentence.

The defendant claimed that the search was unlawful because he verbally refused consent. However, the court noted that he subsequently consented to the search by his actions and, therefore, found that the evidence uncovered in the search was admissible.

Sims, charged with rape of a minor, has bail set at $250,000

Bruce Sims was wanted for allegedly raping a minor just after midnight on Tuesday, April 19, 2011. He voluntarily turned himself in later that same day. This morning, he appeared before Judge Shriver of Clermont County Municipal Court for a bail hearing. Bail was set at $250,000 due to the nature of the offense. Sims also waived his right to a preliminary hearing.

The case will now be turned over to the Clermont County grand jury for a formal indictment on felony charges of rape of a minor.

State v. Cooper - sexual battery

The Twelfth Circuit upheld the 3 year sentence of Cooper. Cooper was charged with four counts of rape and four counts of felonious sexual battery. The court found him guilty of the four counts of felonious sexual battery. The court sentenced Cooper to four different 3 year sentences, although all of them were to run concurrently (at the same time). Cooper appealed, claiming that the conviction was against the weight of the evidence. In a bench trial, such an appeal is only successful if the trial court "clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered." In Cooper, the court of appeals found no miscarriage of justice and affirmed the conviction.