"My position is – and I think there are cases that back this up – that a criminal trespass – the criminal trespass would not be appropriate. … The State’s position is, the criminal trespass could not be an appropriate lesser included offense on an aggravated burglary...."
Then, in an attempt to denigrate the Defense Counsel, who is an honest and ethical attorney, the likes of which cannot be found in the employ of CORRUPT MEDINA COUNTY PROSECUTOR DINO HOLMAN, added:
"[Defense Counsel] misstates the law constantly.... Criminal Trespass (as argued by Defense Counsel) is not an element of Aggravated Burglary."However, contrary to SALISBURY'S DISINGENUOUS CLAIMS and contrary to LAPDOG COLLIER'S CORRUPT RULING, the 9th District Court of Appeals decided otherwise in deciding State v. Morris.
There is absolutely no doubt about the fact that, on the trial record, LAPDOG JUDGE AND VILLAGE IDIOT CHRISTOPHER COLLIER HAS PROVEN HIMSELF TO INDISPUTABLY A COMPLETE AND TOTAL WHORE!
At the conclusion of any trial, the trial judge is required to instruct the jury as to the law and the charges they may consider during their deliberations as to the guilt or innocence of the defendant,
In the case being profiled here at the blog, Defense Counsel requested Collier to give the jury an instruction or charge, on the lesser-included offense of CRIMINAL TRESPASS.
Of course, when SALISBURY, THE PATHOLOGICAL LIAR, objected to the jury instruction, LAPDOG COLLIER responded to the signal from SALISBURY (which was not really an objection, but rather an order) by refusing to instruct the jury on the lesser-included offense of CRIMINAL TRESPASS.
However, the CRIMINAL TRESPASS instruction was not only warranted, but legally mandated under the circumstances presented in this case.
In calendar year 2008, the 9th District Court of Appeals decided the case of State v. Morris, overturning a burglary conviction because the trial judge failed to instruct the jury on the lesser-included offense of CRIMINAL TRESPASS.
In State v. Morris, the 9th District Court of Appeals held:
{¶5} As we stated in State v. Divincenzo, 9th Dist. No. 05CA0105-M, 2006-Ohio-6330:The 9th District Court of Appeals went on to hold:
"Criminal trespass is a lesser included offense of aggravated burglary.
{¶6} "If under any reasonable view of the evidence it is possible for the trier of fact to find the defendant not guilty of the greater offense and guilty of the lesser offense, the instruction on the lesser included offense must be given. The evidence must be considered in the light most favorable to defendant." (Emphasis added.) State v. Deimling (Dec. 20, 2000), 9th Dist. No. 99CA007496, at *1 quoting State v. Wilkins (1980), 64 Ohio St.2d 382, 388 (Emphasis added).
{¶14} Based on the foregoing, we hold that under the specific facts of this case, the trial court abused its discretion in failing to give the jury the criminal trespass instruction. Defendant's first assignment of error is sustained and the judgment of the trial court is reversed and remanded to the trial court for a new trial.
Perhaps the reader may suspect that this ruling innocently passed by LAPDOG COLLIER, THE VILLAGE IDIOT, unnoticed. NOT SO!!The trial judge who "abused his discretion" (as if he exercised the slightest scintilla of discretion at all) in the matter of State v. Morris was none other than LAPDOG MEDINA COUNTY JUDGE CHRISTOPHER COLLIER, THE VILLAGE IDIOT!
So then, LAPDOG COLLIER WAS OVERTURNED BUT ONE YEAR PRIOR TO THE INSTANT CASE ON THE VERY SAME ISSUE.
JUST ONE MORE AREA OF FERTILE GROUND FOR INVESTIGATORS FROM THE OFFICE OF DISCIPLINARY COUNSEL OF THE OHIO SUPREME COURT TO EXPLORE!
THIS IS PROOF, BEYOND ALL DOUBT, THAT LAPDOG COLLIER, THE VILLAGE IDIOT, WILL DO ANYTHING AT ALL, INCLUDING RAILROADING AN INNOCENT MAN TO PRISON, TO PLEASE HIS MASTERS AT THE MEDINA COUNTY PROSECUTOR'S OFFICE IN ORDER TO PRESERVE HIS LIFETIME UNCONTESTED APPOINTMENT TO THE MEDINA COUNTY BENCH, ALL COMPLIMENTS OF CORRUPT DEMOCRAT MEDINA COUNTY PROSECUTOR DINO HOLMAN.
IN THE BLOGGER'S VIEW, THIS LITTLE BIT OF NOT-SO-LEGAL WIZARDRY BY LAPDOG COLLIER, A COMPLETELY WORTHLESS AND TOTALLY CORRUPT "LAWYER," QUALIFIES HIM FOR THE TITLE OF THE BIGGEST WHORE IN MEDINA COUNTY!
You can read the entire appellate decision of the 9th District Court of Appeals at the website of the MEDINA COUNTY CLERK OF COURT WEBSITE at this link: http://www.co.medina.oh.us/medct_epublicnodr/pages/viewdoc.aspx?case=07CA0044-M&p=2&a=13
And who, do you suppose, prosecuted this case for Dino Holman's Office? You guessed it. None other than the OLD PATHOLOGICAL LIAR HIMSELF, SCOTT SALISBURY a/k/a SKIPPY SLEAZEBURY (for now all-too-obvious reasons).
THERE IS ABSOLUTELY NO DOUBT THAT LAPDOG COLLIER, HOLMAN, AND SALISBURY ALL BELONG IN FEDERAL PRISON.
MUCH MORE TO COME ....