Jenkins#039; attorney files appeal
Published 12:00 am Monday, February 14, 2005
David Reid Dillon, the attorney for convicted murderer Carlos Jenkins, filed an appeal with the Ohio Fourth District Court of Appeals Thursday.
Jenkins, of County Road 180, was convicted last month in the death of John Turvey, of Lane Ridge.
Aaron McHenry, court administrator for the Ohio Fourth District Court of Appeals, said although there are several possible outcomes of the appeals process, the most common actions taken by the court are to either
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affirm the lower court's ruling or to order a new trial.
"That is, they reverse (the lower court's decision) and remand for a new trial, which means they found something wrong," McHenry said.
An appeal could take anywhere from a few months to a few years for resolution. The fourth district appellate court hears an average of 450 cases each year submitted from a 14-county area.
A Lawrence County Common Pleas jury deliberated 10 hours last month before finding Jenkins guilty of going to Turvey's Lane Ridge residence and shooting him several times.
Authorities contended in the trial Jenkins killed Turvey to get drugs and money the victim kept at his house. Jenkins' defense counsel contended Jenkins is innocent and someone else murdered Turvey. Information about another possible killer was ruled inadmissible in court because the information was based on third-hand information.
Lawrence County Common Pleas Judge Richard Walton sentenced Jenkins to 15 years to life on the murder charge and an additional three years because a gun was used in the crime. Jenkins would be eligible for parole after 18 years.