The Ohio Supreme Court will hear an Instagram intimidation case that has a connection to a gang dispute in Cleveland. The Supreme Court is hearing the case, which is a challenge to the ruling issued by a lower court. The challenge is requesting a new trial for a man who was convicted of robbing and shooting his lifelong friend. The suspect's lawyer was removed from the case when a video showing the man's interrogation by police was edited and found on Instagram.
In August, the Ohio Eighth District Court of Appeals overturned the conviction in the case and ordered a new trial when a judge panel found the suspect's lawyer was wrongly removed from the case. The suspect was convicted of aggravated robbery, felonious assault and other charges. An appeal was filed by the Cuyahoga County Prosecutor's Office to the Supreme Court, which agreed this week to hear the case.
The suspect is a member of Loyal Always, a Cleveland street gang. The suspect was convicted in 2015 of shooting his friend in the foot during a robbery at the friend's house. A video of the victim's police interrogation was shared between attorneys for the prosecution and defense. Within days, an edited version of the video was posted to Instagram that made it seem the victim was providing police with information about the gang.
Prosecutors claim that the victim received death threats not long after the video was posted to social media. A copy of the video was not made. Instead, it appeared as if the video was taken using a cellphone recording a digital screen. The suspect has been charged with intimidation in a separate case, but the prosecution wanted to combine the two cases. Because of this, the defense attorney would not be able to represent the suspect since he would be a witness in the intimidation case.
An experienced appeals attorney can answer all of your questions about filing an appeal in Cleveland, Ohio.
Source: Cleveland.com, "Ohio Supreme Court will hear Instagram intimidation case connected to Cleveland gang dispute," Cory Shaffer, April 24, 2017