USA v. Wettstain
Aug 30, 2010OUTCOME: Reversal
Federal appeal involving multiple sentencing issues and allegations of prosecutorial misconduct
Dayton, OH
Criminal defense Lawyer at Dayton, OH
Practice Areas: Criminal Defense, Juvenile ... +3 more
OUTCOME: Reversal
Federal appeal involving multiple sentencing issues and allegations of prosecutorial misconduct
OUTCOME: Decision under Hague Convention
appeal of custody decision in the U.S. 6th Cir. Court of Appeals from decision in trial court determining child's habitual residence under the Hague Convention was the U.S. Mother returned to Israel a ... nd sought to have the child returned there under the terms of the treaty. The Court determined that there was not an unlawful removal or retention of the child and that he should remain with his father in the U.S.
OUTCOME: Reversal of sentence for being vindictive
Court reversed sentence of trial court for being vindictive when it increased defendant's sentence without giving a rationale following a successful appeal.
OUTCOME: Petition under Hague Treaty denied
Mother brought petition to return child to Israel. Mother and father had moved to the United States with intention of relocating permanently. Court determined that under Hague Convention habitual res ... idence analysis the child's residence was the United States and mother's petition should be denied.
OUTCOME: Reversal of murder conviction
Court reversed murder conviction for 17 year old defendant based on an involuntary confession that should have been suppressed at trial. Police threatened the defendant with the death penalty when the ... y knew he was not eligible for it. Ohio Supreme Court declined jurisdiction
OUTCOME: Court adds to final appealable orders
Ohio Supreme Court created new law in reversing a decision to forcibly medicate the defendant, holding that this decision was a final appealable order. This was new law. It remanded the matter to the ... lower court to determine whether the decision of the trial court ordering that he be forcibly medicated was proper.
OUTCOME: Felonious assault conviction reversed
Court reversed due to trial court's failure to instruct jury on self defense. Court found that a self-defense instruction should have been given after trial court refused to do so when it found that d ... efendant was at fault for the confrontation for having brought a gun to the exchange.