(OH) State of Ohio v. David Harrison
October 2011
After a somewhat lengthy bit of litigation in Ohio's Court of Claims, the State of Ohio agreed to a cash settlement of Mr. Harrison's wrongful imprisonment claim to satisfaction of his widow and family.
Dean Boland has represented Mr. Harrison since 2006 when he was wrongfully convicted of possession of contraband images. Dean eventually won Mr. Harrison's freedom from the Ohio Supreme Court. This settlement marks the end to a long and bitter battle with the state of Ohio.
(OH) 2004 CR 349 (Ashtabula County, Ohio).
September 2009
Our office was informed today that the State of Ohio intends to dismiss all charges against Mr. Brady.
Dean Boland has been both an expert witness and, at times, counsel in this matter all the way to the Ohio Supreme Court.
The trial court dismissed all charges against Mr. Brady. You can read the trial court's opinion here.
Then, Dean Boland won again at the Court of Appeals. You can read that opinion here.
It appears that the State of Ohio has finally conceded that there is no evidence Mr. Brady committed any of the crimes for which he was charged.
Yet another dismissal for a client of Dean Boland's office.
State of Ohio v. David Harrison (Madison County, Ohio).
July 2009
A unanimous Ohio Supreme Court voted in favor of Dean Boland's client, David Harrison. The court spoke strongly that Mr. Harrison's conviction be reversed and that the fact he was imprisoned at all was "lamentable."
You can download the opinion here.
Dean argued exhaustively at the trial court level, following his client's conviction while represented by other counsel, that his conviction was unconstitutional. The trial court denied all motions and sent Dean's client to jail for what ended up being two years.
The Court of Appeals for the 12th Appellate District of Ohio, by a 3-0 ruling, affirmed the trial court's rulings.
The Ohio Supreme Court accepted the case, Dean Boland's third Ohio Supreme Court case in the prior 24 months, and in July of 2009 ruled in favor of his client.
However, prior to issuing its ruling, Dean successfully argued to have his client released from prison while awaiting the Supreme Court's ruling. The Supreme Court had not released an inmate pending appeal in more than two decades according to the court's staff at the time.
As a result of this victory, Dean Boland's client has filed a wrongful imprisonment lawsuit against the State of Ohio which is pending.
State of Ohio v. David Harrison (Madison County, Ohio).
November 2008
Oral Argument was held today in the potentially precedent-setting case of State of Ohio v. Harrison. Video of the entire argument of the State and Dean Boland can be viewed here under the November 19, 2008 videos of the Harrison case.
State of Ohio v. David Harrison (Madison County, Ohio)
August 2008
In yet another unprecedented decision, the Ohio Supreme Court granted an emergency motion for stay filed by Dean Boland on behalf of his client. His client had previously been ordered released by the court pending his appeal.
After his release, the state of Ohio threatened to indict Boland's client unless he registered as a sex offender despite his conviction being currently on appeal to the Ohio Supreme Court. Dean Boland's work, along with that of his co-counsel, Brandie Swickrath, persuaded the court to order the state of Ohio to stop all such actions against his client.
The court also issued an order at the same time setting the date for oral argument in this case for November 19, 2008, several months earlier than is typical for such cases.
State of Ohio v. David Harrison (Madison County, Ohio)
August 2008
In yet another unprecedented decision, the Ohio Supreme Court granted an emergency motion for stay filed by Dean Boland on behalf of his client. His client had previously been ordered released by the court pending his appeal.
After his release, the state of Ohio threatened to indict Boland's client unless he registered as a sex offender despite his conviction being currently on appeal to the Ohio Supreme Court. Dean Boland's work, along with that of his co-counsel, Brandie Swickrath, persuaded the court to order the state of Ohio to stop all such actions against his client.
The court also issued an order at the same time setting the date for oral argument in this case for November 19, 2008, several months earlier than is typical for such cases.
State of Ohio v. David Harrison (Madison County, OH)
August 2008
The Ohio Supreme Court today granted Dean Boland's motion to release his client pending his appeal to the Ohio Supreme Court. Among the various arguments for a bond for his client, Dean Boland argued that the likelihood of success on appeal was a factor for the Ohio Supreme Court to consider in granting the motion for a reasonable bond and release of his client after two long years in prison.
State of Ohio v. David Harrison (Madison County, Ohio)
June 2008
The Ohio Supreme Court has accepted for review the third technology/law criminal case submitted by Dean Boland in a 24 month span.
FBI investigation in Virginia case.
August 2008
Our client contacted us after working with initial counsel for nearly two years on a federal child pornography investigation. Utilizing our experience, expert witness contacts and select private investigators, Dean Boland and his firm persuaded the government to drop its case.
The United States District Court for the Eastern District of Virginia today received a motion by the federal government to dismiss its entire case without prejudice against our firm's client. After an exhaustive investigation, including the use of a computer forensics expert ...the government was persuaded to delay our client's indictment until August 5, 2008. Today, our office was informed the government has asked the court to dismiss the entire case following its review of the evidence and witnesses uncovered in our investigation. Our client's rigorous pre-trial restrictions are lifted and he is ecstatic to return to the life that was in limbo for nearly two years.
These types of outcomes are never guaranteed, but they can only be achieved by counsel experienced in the unique mix of technological and legal issues present in these cases. These issues change on a nearly daily basis requiring a strict focus on these cases in order to insure counsel is as prepared as they can be.
Pennsylvania Child Pornography Case – Dismissed!
February 2008
Using Dean Boland's technology and law strategy plus the reliance on qualified computer forensics experts, the Commonwealth of Pennsylvania agreed with the defense that our client was completely innocent of all 1500 counts against him. The allegations in this case presented our client with virtual lifetime sentences.
Instead of contemplating a trial or perhaps a guilty plea to lesser charges, thanks to the work of local counsel in Pennsylvania and Dean Boland's technology/law experience and knowledge, the client's case was dismissed today after the state's own expert took a second look at our client's computer. That second look was prompted by the work of Dean Boland and our expert witnesses in computer forensics who discovered artifacts and other evidence from our client's computer proving he was innocent of all 1500 counts in the indictment.
The Commonwealth's expert's report is included here as a testament to the solid results that can only be obtained in these cases when qualified technology attorneys are retained.
Ohio Case, Cuyahoga County
January 2008
Client given probation despite pleading guilty to 20 separate counts in state case regarding digital imaging and importuning allegations.
Dean Boland's strategy along with co-counsel produced a sentencing memorandum that convinced the court to make a rare exception and provide probation for their client.
OH, 06-CR-0287 (Delaware County)
July 2007
Following the implementation of Dean Boland's fair trial argument strategy in this state child pornography prosecution, the court ordered the state to provide "immunities" for defense counsel and any potential experts from both state and federal prosecution. The state, instead, elected to dismiss its case.
The judge's journal entry explaining his analysis agreeing that a fair trial could not be provided this defendant is included here.
Minnesota, Case No. K7-05-3111 (Washington County)
January 2007
Client facing multiple counts of possession of images. After implementation of Dean's child pornography defense, state offered him plea to charges with no jail time. Following completion of probation, his file is expunged leaving him with no record at all.
Ohio, 06 CR 0155
January 2007
Client faced 100 felony 2 counts and a potential sentence in excess of 200 years. Along with Dean's child pornography defense, a significant sentencing presentation enabled a plea to lesser charges. Client was sentenced to 5 years of probation and 6 months in a residential treatment program.
Ohio, CR-2006-05-1772
December 2006
Client was charged with three counts of possession of child pornographic images. Working with co-counsel, our firm's child pornography defense, pre-trial, resulted in a favorable resolution for our client. Facing years of prison time, our work resulted in no prison time and only five years probation.
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