Attorney John Fischer Wins Criminal Appeal

Attorney John Fischer was successful in vacating a criminal defendant’s jail sentence in an appeal before the Second Appellate District of the Ohio Court of Appeals. In the case that originated in Miami County Municipal Court, the defendant appeared without counsel, was convicted of drug possession, and was sentenced to 6 months in county jail. However, the court failed to record the proceedings. On appeal, Attorney John Fischer successfully argued that, given the lack of a record, no evidence existed that the defendant had properly been advised of and waived his right to counsel, such that the court had no power to sentence the defendant to a jail term. The appellate court agreed and ordered that the jail sentence be vacated. The case is cited as State of Ohio v. Justin Estridge, Miami App. No. 2021 CA 25, 2022-Ohio-208 (2nd Dist.).