Cleveland, OH (PRWEB) July 11, 2014
The Plain Dealer recently published an article that discussed an appellate court victory obtained by Cleveland Criminal Defense Attorneys Ian N. Friedman, Eric C. Nemecek, and Kristina W. Supler. The July 10, 2014 Plain Dealer article was titled “Man who struck and seriously injured bicyclist after drinking in Ohio City granted new trial.” The news story provided details from the case (Case No. 2014-Ohio-2262 in the Court of Appeal of Ohio, Eighth Appellate District in the County of Cuyahoga, Ohio).
According to the Court of Appeals’ journal entry and opinion for the case, the appellate court vacated the vehicular assault and driving while intoxicated convictions of the defendant and ordered a new trial. This decision was based on the fact that an anonymous letter was accepted as evidence in the man’s trial when it should have been considered inadmissible.
As explained in the journal of entry and opinion for the case, the anonymous letter that was entered as evidence in the initial trial accused Attorney Friedman’s client of being intoxicated on the night that he hit the bicyclist. The accident occurred after the defendant and his wife visited with friends at local breweries. The bicyclist who was struck was seriously injured and ended up becoming a quadriplegic.
Court documents show that in June 2013, the defendant was convicted and sentenced to five years in prison. In the man’s appellate case, the Court of Appeals ruled that the judge who initially decided the case never should have admitted the anonymous letter as evidence. The defendant’s convictions were overturned and he was granted a new trial, which occurred after he had already served about a year of his prison term.
According to The Plain Dealer article, Attorney Friedman recently filed a motion requesting that a different judge be assigned to the new trial. The motion noted that the judge who presided over the initial case made statements at the time of sentencing about her opinion of the defendant and the events that took place. In the article Attorney Friedman told The Plain Dealer that the next trial will largely focus on the investigation and on the accident victim’s bicycle, which could not be located for the first trial but is now available.
In the news story, Attorney Friedman was quoted as saying that the appellate court “validated” the defense’s argument that state prosecutors failed to properly share crucial evidence with the defense attorneys prior to the trial, which interfered with their client’s ability to be fairly tried. He also stated that the defense is assured that the client will be “completely exonerated” in the next trial, now that all the evidence is available.
Attorney Friedman and his team of lawyers bring exceptional skill to the courtroom in each criminal case they handle. They fight to protect the rights of defendants in criminal cases and to ensure that they receive fair trials. The legal team provides high-quality defense for various types of criminal charges, including charges for both state and federal crimes. The attorneys offer free case evaluations for individuals who would like to obtain initial feedback from a skilled legal professional at no charge. More information about Attorney Friedman and his legal practice can be found at http://www.iannfriedman.com.