State v. McClain

CHARGES: Murder with gun specification


VENUE: Hamilton County, Cincinnati, Ohio

ALLEGATION: 35-year-old man shot victim to death for crack cocaine.

DISPOSITION: In his first trial, Mr. McClain was represented by other counsel. He was found guilty of murder and sentenced to 15 years to life in prison. The result of Mr. McClain's trial when represented by other counsel is included to demonstrate that the talent, skill and commitment of the attorney often determines the outcome of the case. Mr. McClain spent 11 years in prison before the commencement of his second trial in which he was represented by Mr. Bennett. Mr. McClain was re-tried because Mr. Bennett requested a new trial based on new evidence. The Court of Appeals granted Mr. McClain a new trial. Mr. McClain's case was the first murder case in the history of the First District Court of Appeals that was remanded for a new trial based on new evidence. Re-trial by jury.

RESULT: Not guilty

New trial ordered for man convicted in 1995 killing (Cincinnati Enquirer)
He's fighting to clear name in killing (Cincinnati Enquirer)
For prisoner, verdict is vindication (Cincinnati Enquirer)

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