Appeals

Attorney Wesley Buchanan Succeeds in Having Appeals Case Dismissed

State v. Taylor - 2020-Ohio-4770

Attorney Wesley Buchanan of Erb Legal LLC successfully had his client’s case dismissed after the government appealed the trial court’s decision to the Fifth District Court of Appeals. After listening to arguments from both legal teams, the appeals case was dismissed. The Court of Appeals concluded that the government cannot appeal a judgment of acquittal since there was no case and, therefore, no place for an advisory opinion to be issued to the trial court.

The case which involved a felony of the third degree and a felony of the fifth degree for the trafficking of marijuana near a school and possession, initially ended in an acquittal in trial court due to the state’s inability to determine the percentage of THC within the defendant’s confiscated edibles. Wesley argued that the government cannot appeal a judgment of acquittal, as was the case here, and the Court of Appeals agreed with this rationalization.

Wesley is a knowledgeable criminal defense attorney who is experienced in handling a vast range of cases, including misdemeanors, felonies, juvenile law cases, and more.

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