Legal Opinion

State v. Garry

Ohio Court of Appeals

Decided September 21, 2007No. C-060976PublishedCited by 12 opinions

1Opinion of the Court

Mark P. Painter, Presiding Judge.

{¶ 1} In America, people are presumed innocent unless tried and convicted. In this case, the defendant was tried and found not guilty, but continues to suffer punishment in the form of a criminal arrest record. This we cannot allow.

{¶ 2} In October 2002, Brian Garry (known as Brian Crum before a legal name change) was charged with hitting a police horse. 1 After a trial spread over parts of four days, he was found not guilty.

{¶ 3} Garry applied for expungement of his arrest record in 2005 and again in 2006. Though Garry was clearly eligible for expungement —…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. State v. Schwartz, Unpublished Decision (6-24-2005)Ohio Court of Appeals · 2005

3Cited by12 opinions

  1. State v. A.S.Ohio Court of Appeals · 2022
  2. State v. DelgadoOhio Court of Appeals · 2015
  3. State v. J.D.Ohio Court of Appeals · 2013
  4. In Matter of Brown, 07ap-715 (8-14-2008)Ohio Court of Appeals · 2008
  5. State v. WebbOhio Court of Appeals · 2012

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