Monday, March 26 2012 1:44 PM EDT2012-03-26 17:44:04 GMT
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MIDDLETOWN, OH (FOX19) -
The Twelfth District Court of Appeals has reversed a decision of the Butler County Common Pleas Court denying Dr. Mark Blankenburg's petition for postconviction relief.
Blankenburg, a former pediatrician who was convicted in 2009 of multiple sex offenses, filed a petition for postconviction relief with the trial court, arguing that his conviction should be vacated due to the alleged bias of one of the jurors which was unknown at the time of trial.
The trial court denied Blankenburg's petition without a hearing, finding that Blankenburg could have made this argument during his initial appeal.
On appeal to the Twelfth District, Blankenburg argued that the trial court improperly denied the petition, as Blankenburg was unaware of the bias of the juror until after his trial and after he had initially appealed his case to the Twelfth District.
Blankenburg pointed to two affidavits attached to his petition from coworkers of the allegedly biased juror which were dated over a year after his original trial date and appeal.
In a unanimous decision, Judge Robert P. Ringland reversed the judgment of the trial court. Judge Ringland determined that a hearing should have been held on the petition to determine the credibility of Blankenburg's arguments and evidence. Presiding Judge Stephen W. Powell and Judge Robert A. Hendrickson concurred in the opinion.
The case is now being sent back to the trial court for further proceedings. A hearing date has not been announced.
Monday, May 20 2013 1:01 PM EDT2013-05-20 17:01:10 GMT
COX'S CREEK, KY (WAVE) – A brother and sister were killed Sunday in a two-vehicle crash in Nelson County, according to Kentucky State Police. A KSP investigation found that Amaris E. Blair, 22, ofMore >>
Kentucky State Police said alcohol appeared to have played a role in the accident.More >>
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LOUISVILLE, KY (WAVE) – Two men killed in separate vehicle crashes in Louisville on Sunday have been identified. A representative of the Jefferson County Coroner's Office said Michael Shea, 46, of Greenwood,More >>
The accidents happened hours apart Sunday in Louisville.More >>
Monday, May 20 2013 1:10 PM EDT2013-05-20 17:10:55 GMT
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The dead include a man who was pinned between two vehicles after getting out of his SUV to inspect damage from a previous accident. More >>
Tuesday, May 21 2013 2:01 AM EDT2013-05-21 06:01:07 GMT
(RNN) – A day after long track tornadoes devastated Shawnee and Edmond, OK, another round has begun near Oklahoma City.KOCO broadcast a slow rotating cloud that slowly extended down towards the groundMore >>
At least 51 have died in a storm the National Weather Service described as large and violent.More >>