Sample Appeals Cases of Todd James, Trial Support Services in Child Abuse Cases

Important Notes...

	We do not testify.
	We are not an attorneys.
	Our work falls under "Work-Product" for the attorney and is controlled by him or her.

Recent Appeals Cases:

State v. Howard, 2003 WL 21257956 (Ohio App. 5 Dist.). Mr. Howard was accused by his teenage stepdaughter after he divorced the girl’s mother and threatened to sue for custody of his natural daughter from the marriage. Mr. Howard’s family contacted us after his conviction, adjudication as a sexual predator and imprisonment. Working with the appeal attorney, the appeal was developed, filed, and oral arguments given. The Appeals Court reversed the conviction and remanded for new trial.

State v, Peters, 2001 B0105719, Hamilton County Ohio Common Pleas Court. Mr. Peters was charged with multiple rapes with Life specifications that resulted in two trials. In the first trial (2002), he was acquitted of all charges. The second trial (2003) which contained multiple charges, resulted in Mr. Peter’s accepting a favorable plea agreement to reduced charges in exchange for time served rather than running the risk of a life sentence for a conviction on just one count.

In the matter of G.L., 2002 JD 97552, Lorain County Ohio Common Pleas Court Juvenile Division. A 13 year old boy was accused of 12 rape and gross sexual imposition charges based upon 3 alleged victims. The original defense attorney believed that the boy would be convicted of all charges and be incarcerated until age 21. The prosecutor refused to plea-bargain, insisting on incarceration until age 21. The boy had admitted to authorities to one (1) touching incident with one of the girls. After a change of attorney and extensive work on the case, G.L. pled to 1 count of GSI in exchange for probation.

State v. Henderson, 2002 WL 31744702 (Ohio App. 11 Dist.). Mr. Henderson’s wife contacted me after his conviction and imprisonment for life for rape of a child under the age of 12. After finding an excellent attorney for them and extensive work on the case, the Appeals Court reversed the conviction and remanded for new trial.

State v. Sanford, 2002 CR Stark County Ohio Common Pleas Court. Mr. Sanford was charged with rape with a Life specification and Gross Sexual Imposition of his live-in girlfriends pre-teen daughter. Due to there being an alleged “eyewitness” to the rape by a witness without an apparent motivation to lie, everyone else believed Mr. Sanford would certainly be convicted. After a 3 day trial with the defense asserting evidence that the girl had been “tainted” and the “eyewitness” could not have seen what she claimed to have saw, the jury acquitted Mr. Sanford of all charges.

State v. Geboy (2001). 145 Ohio App.3d 706, 764 N.E.3d 451. Mr. Geboy was serving multiple life sentences for the alleged rapes of his daughter when his family contacted us for help with the appeal. After developing and researching issues with the appeals attorney and filing of the appeal, the Appeals Court overturned the conviction and remanded for a new trial.

State v. Howard (retrial), 2003 CR 0301, Stark County Ohio Common Pleas Court. While preparing for the retrial, Mr. Howard chose to accept a misdemeanor plea to a non-sex offense in exchange for time served (no sex registration) due to the risk of another trial and risk of being sent back to prison if convicted.

State v. Henderson (retrial), 2003 CR. Trumbull County Ohio Commons Pleas Court. After several months which included Mr. Henderson passing a polygraph and the alleged victim recanting her allegations (and then recanting the recantation!), the case was dismissed pre-trial after the Prosecution acknowledged that they had “serious credibility problems” with the alleged victim.