Skip to main content
· 1/9/2025

Bedford Hts. v. Brisbane

Citations

  • 2025 Ohio 42

Syllabus

Doctrine of res judicata; abuse of discretion; motion to suppress; lack of probable cause; illegal stop; community-control-sanction-violation hearing; probation officer testimony; due process violation. Defendant-appellant's first assignment of error is barred by the doctrine of res judicata because the appeal had to be brought within thirty days of the trial court's denial of his motion to suppress, which he did not do. Defendant-appellant did not object to and the trial court did not err or abuse its discretion by hearing evidence from the probation officer during the community-control-sanction-violation hearing. Similarly, defendant-appellant's failure to object to anything in the community-control-sanction-violation hearing waived all but plain error on review. Upon review we find defendant-appellant's due process rights were not violated and no plain error occurred during his probation violation hearing. The defendant-appellant's remaining assignments of error were properly overruled.

Judges: E.A. Gallagher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.