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· 12/1/2017

State v. Weisgarber

Citations

  • 2017 Ohio 8764

Syllabus

State's appeal from the granting of defendant's motion to suppress. The trial court did not err in concluding that the officer initiated an investigatory detention, rather than a consensual encounter, at the hospital, and that defendant did not voluntarily consent to be searched. Judgment affirmed. (Tucker, J., dissenting.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • refusing to compel policy disagreement with the methamphetamine Guideline just because other judges have done so
  • refusing to compel No. 19-5534 8 United States v. Dustin Johnson policy disagreement with the methamphetamine Guideline just because other judges have done so
  • declining to compel the district court to vary from the methamphetamine Guidelines simply because other judges within the district had done so based on policy disagreement
  • affirming refusal to “vary downward” based on a -3- between actual methamphetamine and a mixture containing methamphetamine when fashioning an appropriate sentence. Cf. Heim, 941 F.3d at 340. But they are “not required to do so.” Id. (citations omitted
  • “[W]hile a district court may choose to deviate from the guidelines because of a policy disagreement, it is not required to do so.” (cleaned up)
  • “We have consistently held that, ‘while a district court may choose to deviate from -4- the [G]uidelines because of a policy disagreement,’ it is ‘not required to do so.’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Froelich

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.