Appeals court sends murder case back to Erie County

The Sixth District Court of Appeals has returned a murder case back to Erie County after the defendant, Thomas Ricks, successfully argued his convictions on related drug charges lacked sufficent evidence.
Sandusky Register Staff
Sep 30, 2011

 

The Sixth District Court of Appeals has returned a murder case back to Erie County after the defendant, Thomas Ricks, successfully argued his convictions on related drug charges lacked sufficent evidence.

In addition to being found guilty of robbing and killing Calvin Harper Jr., Ricks was convicted by the Erie County court of complicity to trafficking in marijuana in the vicinity of a school, and complicity to trafficking in cocaine in the vicintiy of a school.

In a ruling released Friday, the Sixth District Court ruled testimony presented at Ricks' trial was "insufficent to establish the elements of the crimes beyond a reasonable doubt."

"(Ricks) was placed at the scene but there was no evidence that he was involved in the alleged drug transaction," the court wrote.

The appeals court vacated Rick's convictions for complicity to trafficking in cocaine and complicity to trafficking in marijuana, and remanded the case back to the trial court for resentencing.

Ricks' conviction and life-without-parole sentence for aggravated murder and aggravated robbery stand.

One judge on the Sixth District Court dissented, writing that the whole case should be sent back for retrial because of the harm caused by hearsay admitted in the case.

Read more about this appeal case in Saturday's Register.

Comments

Darwin's choice

 Our County Prosecuter messed up a Murder trial ????  Say it ain't so.......................

Nor'easter

Is this what is going to happen with Randleman's trial?

java

He still has to do time on the murder and robbery charges. It's only the drug charges have to be re-tried.

iamrevolutionary

 Why not just drop the drug charges? He is in prison for life any how!  What a waste of $$$...

ANGEL AMONG YOU

 @Darwin.........You should have wrote messed up another murder trial. Yes I said another murder trial, lack of evidence is the issue at hand.The jury found Mike Martin guilty based on phone records according to a jury member. the STATE did not proove Mr. Martin murdered anyone, the only evidence they had to link him to her death was in the form of a letter he wrote to his girlfriend. IN saying that I am curious to know how they , "the state,and the jury" would believe that he wrote that and nothing else he wrote in said letter. I smell something fishy .........Truth of the matter is, the state,ERIE COUNTY chose not to investigate because we have corrupt officials in office. Furthermore , I could go on about other things of interest but why ? No one cares. Our community has no morals, ethically or otherwise.

Taxpayer

This loser is causing society (people who PAY taxes) to spend more.  He is already in prison and will NOW be transported from prison to the county jail for EVERY court hearing.  If there is a postponement, request for continuance or any other defense trick, it will be back and forth by the sheriff's department.  Vacate the drug charges as long as there is NO chance for repeal of the murder charges because of insufficient probable cause.  Nice going Prosecutors Office.  I hope this is NOT a precursor to your performance to another up and coming murder trial.   

lowryder

 FREE MIKE MARTIN!!!!!!!!