Diehl & Hubbell successfully argued that a trial court must inform a defendant of certain potential consequences at the time of sentencing. The Ohio Supreme Court’s decision reversed the Twelfth District Court of Appeals. The appellate court originally denied the requested relief under the ripeness doctrine.
The Ohio Supreme Court sided with the Defendant, and indicated that a reviewing court must strictly construe the statutory language.
The case is State v. Smith, 2012-Ohio-781.
The opinion can be found at: http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-781.pdf
Marty Hubbell’s Merit Brief can be found at: http://www.sconet.state.oh.us/tempx/694123.pdf
Click the link above to hear Gabe and Meghan discuss the Widmer verdict, their reactions to the jury’s decision and chances for an appeal.
By: Gabe Moorman
Warren County Court of Common Pleas Judge Neal Bronson read the verdict at about 5:00PM today after approximately twelve hours of jury deliberation.
As Ryan Widmer sat waiting, not looking, with his head down on top of his cross-fingered hands, Judge Bronson delivered the news:
Not of involuntary manslaughter, the lesser included offense of which the jury could consider, but murder. Cold-blooded, intentional murder. In other words, the jury found that to a degree of certainty beyond a reasonable doubt, Mr. Widmer purposefully killed his wife, Sarah Widmer.
This conviction calls for a mandatory sentence of fifteen years to life in jail. This tragic saga has come to an end – finally.
Although this trial and controversy played out like a tv show or a soap opera, it was far from it. The convicted, the victim, her family and his family are real people. I think it is important that we remember to be considerate and respectful toward all of the individuals involved. Their dignity as human beings is immutable.
That summer night back in August of 2008 has, in effect, taken not one, but two lives. It just took two and a half years to realize. My heart goes out to Sarah Widmer’s family in this most difficult of times. We can only hope that justice was served.
For a summary of the Widmer trial and my thoughts on the verdict, tune in to Dayton’s FOX45 In The Morning from 7:00 to 9:00 AM tomorrow, Wednesday, February 16th, 2011.