Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Ohio Supreme Court declines to hear Castle Doctrine appeal; Man who acted in self-defense is free
Buckeye Firerams Association ^ | 9 February, 2012 | Chad D. Baus

Posted on 02/10/2012 7:32:25 AM PST by marktwain

The Cleveland Plain Dealer is reporting that the Ohio Supreme Court (OSC) has declined to hear the case of a 55-year-old Cleveland homeowner convicted in Cuyahoga County Common Pleas Court last year of killing an intruder.

In 2010, Carl Kozlosky was convicted by a Cuyahoga County Common Pleas Court jury and sentenced last year to 18 years to life in prison for the shooting death of Andre Coleman on Sept. 20, 2009.

Last fall, the 8th Ohio District Court of Appeals ordered a new trial for Kozlosky, saying there was overwhelming evidence that he had acted in self-defense.

"Under the law, this was not a crime, and Mr. Kozlosky served a year in jail that in our view he should not have served," Kozlosky's appellate attorney, Timothy Sweeney, said at the time of the appeals court ruling in September, 2011.

According to The Plain Dealer, Kozlosky emptied a .38-caliber revolver into Coleman after Coleman broke into his house and began beating up Valerie McNaughton, who was Coleman's girlfriend. Kozlosky testified at trial that he thought Coleman was reaching for a gun when he fired, although no gun was found.

The article also quoted from court testimony which stated that Coleman, who had previously been convicted of aggravated murder, had been on an all-night crack binge when he broke down the back door of Kozlosky's Cherokee Avenue home to get money or drugs from McNaughton.

Citing Ohio's Castle Doctrine law, appellate judges Patricia Ann Blackmon, Kenneth Rocco and Eileen Gallagher seem to prefer the charges be dropped altogether. Prosecutors appealed the ruling, hoping to get it overturned. At the time of the appeal, Cuyahoga County Prosecutor Bill Mason said "I believe the Supreme Court should review this case to interpret the new law and clearly explain the use of the Castle Doctrine in Ohio."

And by refusing to hear Mason's appeal, that is exactly what the the state Supreme Court has done.

After the OSC's announcement, Cuyahoga County Assistant Prosecutors Matthew Meyer said "The Castle Doctrine gives a presumption people can defend themselves in their home. In some cases, the government has to overcome the presumption."

Added Timothy Sweeney, Koslosky's appellate attorney, "The Ohio Supreme Court's decision is certainly good news."

The Plain Dealer says prosecutors will review the evidence to determine if they will bring new charges against Kozlosky. He has been free since Nov. 2 after posting a $10,000 bond.

Chad D. Baus is the Buckeye Firearms Association Vice Chairman.


TOPICS:
KEYWORDS: banglist; castle; court; democrats; fascistprosecutors; govtabuse; jackbootedprosecutor; liberalfascism; liberalprosecutors; lping; oh; rapeofliberty
Castle doctrine in use in Ohio.
1 posted on 02/10/2012 7:32:38 AM PST by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

Those prosecutors need to be sued into tomorrow-morrow land.


2 posted on 02/10/2012 7:39:19 AM PST by varmintman
[ Post Reply | Private Reply | To 1 | View Replies]

To: varmintman

In a rational world those prosecutors would be required to spend exactly the same amount of time in prison that the man they railroaded did along with being subject to Civil forfeiture of their assets.

If I had my way they’d be imprisoned, sued into bankruptcy, and their spouses and kids would be in the streets shivering and hungry.

But that’s just me, I guess....


3 posted on 02/10/2012 7:43:41 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain

Sounds like Cuyahoga County has a BAD outbreak of Nifong disease.


4 posted on 02/10/2012 7:47:06 AM PST by mkjessup (Let's do to Mitt what his Irish Setter did to him while tied to the roof rack of his station wagon!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mkjessup

I do not understand the mentality we let prosecutors get away with. They are servants of the land. It used to be servants would get whipped, but now they are arrogant SOB lawyers who think they are kings.


5 posted on 02/10/2012 7:53:36 AM PST by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
[ Post Reply | Private Reply | To 4 | View Replies]

To: marktwain

The MD castle doctrine flat out denies the perp [should he survive] -and- his survivors [should he not] *any* legal redress at all.


6 posted on 02/10/2012 7:55:06 AM PST by Salamander (You don't know what's going on inside of me. You don't wanna know what's running through my mind)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurker

I’ve said it before, I’ll say it again...

I do like the way you think. :-)


7 posted on 02/10/2012 7:59:08 AM PST by Dead Corpse (Steampunk- Yesterday's Tomorrow, Today)
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain
Coleman, who had previously been convicted of aggravated murder, had been on an all-night crack binge ....

What am I missing here that the prosecutors ... who are investigating "other charges against Koslovsky" ...could possibly have? Simply astounding prosecutorial misconduct

The Prosecutor, Mason is apparently a run-of-the mill, ordinary corrupt Black-Pandering Cleveland Democrat. The County is facing at least one other multi-million dollar settlement for a wrongful prosecution under somewhat similar circumstances. You white ... you ain't all right! Full-(er) story:
http://blog.cleveland.com/metro/2012/02/ohio_supreme_court_sends_castl.html#comments

This Prosecutorial office is composed of Affirmative Action Appointees and legal slobs. They cut Coleman loose on a deal to cop a plea, reducing the charges to "involuntary manslaughter" after this worthless junkie killed a man at a "party." This Koslovsky sure ain't no angel, but he is apparently a pretty good shot. No end of targets in Cleveland, "The Mistake on the Lake." Prime example of the coming Left Wing Police State. The Left Wing Affirmative Action Police and Prosecutors see their role as one of serving and protecting perpetrators and keeping the law-abiding in their proper subservient, tax-paying place.

8 posted on 02/10/2012 8:03:14 AM PST by Kenny Bunk ((So, you're telling me Scalia, Alito, Thomas, and Roberts can't figure out this eligibility stuff?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: varmintman

Or, better yet; let a crack-head invade THEIR castle and beat them into a vegitative state.


9 posted on 02/10/2012 8:13:30 AM PST by arrdon (Never underestimate the stupidity of the American voter.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain
Ohio justice is truly fascinating”

A year in jail, the cost of trail, appeal and fighting an appeal by DA to State Supreme Court, plus posting whatever money is required to secure a $10,000 bond equals freedom and the opportunity for a “new trial” and going through the same thing, all in the name of self-defense.

The perp killed was on crack, had previously murdered and this is what Ohio does to someone who defends them self.

Wow what a state.

10 posted on 02/10/2012 8:22:53 AM PST by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robert357

Northeast Ohio, Cleveland, Akron, Canton etc. is Ohio’s version of Chicago and Detroit style Democrats and the unions have been in charge for decades corrupt crony politics.


11 posted on 02/10/2012 8:46:59 AM PST by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: marktwain
According to The Plain Dealer, Kozlosky emptied a .38-caliber revolver into Coleman after Coleman broke into his house and began beating up Valerie McNaughton, who was Coleman's girlfriend. Kozlosky testified at trial that he thought Coleman was reaching for a gun when he fired, although no gun was found.

If someone broke into my house, started to beat up my wife, I would do the same thing!!

12 posted on 02/10/2012 9:15:11 AM PST by ExCTCitizen (If we stay home in November '12, don't blame 0 for tearing up the CONSTITUTION!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ExCTCitizen

Shoot - Shovel - Shut up.


13 posted on 02/10/2012 9:32:11 AM PST by NY.SS-Bar9
[ Post Reply | Private Reply | To 12 | View Replies]

To: varmintman

Corrupt prosecutors is the main reason I have changed my view on death penalty...With the internet we get to read about how they railroad people into prison..


14 posted on 02/10/2012 9:49:09 AM PST by goat granny
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kenny Bunk
What am I missing here that the prosecutors ... who are investigating "other charges against Koslovsky" ...could possibly have?

They're sitting at a dinner table staring at a plate full of crow and they ain't wantin' to eat it. Shame too. They outta be behind bars staring at the same plate.

15 posted on 02/10/2012 1:27:12 PM PST by houeto (Mitt Romney - A Whiter Shade of FAIL)
[ Post Reply | Private Reply | To 8 | View Replies]

To: varmintman

No, they should have to spend the year in prison that he did.


16 posted on 02/10/2012 2:40:58 PM PST by packrat35 (When will we admit we are now almost a police state?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: packrat35

They should have to spend the time he was sentenced to in prison, 18 years to life.


17 posted on 02/10/2012 5:35:48 PM PST by W. W. SMITH (Obama is Romney lite)
[ Post Reply | Private Reply | To 16 | View Replies]

To: marktwain

The prosecutors need to be personally sued.....and bankrupted.


18 posted on 02/11/2012 7:19:19 AM PST by Red in Blue PA (Read SCOTUS Castle Rock vs Gonzales before dialing 911!)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson