State of Ohio v. Matthew Lindstrom
Cuyahoga County Court of Common Pleas Court, Juvenile Division and General Division, Court of Appeals for the 8th Appellate District and the Ohio Supreme Court.
Matthew Lindstrom’s Grandparents retained Mr. Gibbons to represent their twenty-one year old grandson in the Juvenile Division of the Common Pleas Court against Rape allegations brought by his natural Sister. The Prosecutor alleged that Matthew had assaulted his sister when he was twelve and when she was five years of age. As the case was being litigated in Juvenile Court, the Prosecuting Attorney secretly obtained an Indictment and an arrest warrant for Lindstrom in the Adult Felony Division. Mr. Gibbons responded quickly and immediately filed a Motion to Dismiss that Indictment for the same charges in the Common Pleas Court. That motion was granted by Judge Richard J. McMonagle. The State then took an Appeal of the dismissal order to the Eighth District Court of Appeals. The Eighth District Court of Appeals ruled in Lindstrom’s favor. (See State of Ohio v. Matthew Lindstrom 2011 Ohio 6755) The State next took an Appeal of their flawed case to the Ohio Supreme Court. In the interim,Lindstrom’s younger sister, the Complaining Witness, recanted her allegations under oath and confessed that she brought the charges simply to garner attention. Despite that fact, the Prosecuting Attorney maintained the State’s appeal in a vain attempt to establish an obscure legal point. The Ohio Supreme Court conducted Oral Argument on February 6, 2013 and quickly dismissed the State’s case. (State of Ohio v. Matthew Lindstrom, 2013Ohio 731) See http://www.OhioChannel.org/MediaLibrary/Media.aspx?fileId=138131for a video link of the oral argument in the State’s highest court. Thereafter, the Cuyahoga County Prosecutors Office finally gave up the fight and dropped all charges after a three-year-long legal battle. Mr. Lindstrom is free of all charges and is now living and working in Cuyahoga County.
Cuyahoga County Court of Common Pleas Court, Juvenile Division and General Division, Court of Appeals for the 8th Appellate District and the Ohio Supreme Court.
Matthew Lindstrom’s Grandparents retained Mr. Gibbons to represent their twenty-one year old grandson in the Juvenile Division of the Common Pleas Court against Rape allegations brought by his natural Sister. The Prosecutor alleged that Matthew had assaulted his sister when he was twelve and when she was five years of age. As the case was being litigated in Juvenile Court, the Prosecuting Attorney secretly obtained an Indictment and an arrest warrant for Lindstrom in the Adult Felony Division. Mr. Gibbons responded quickly and immediately filed a Motion to Dismiss that Indictment for the same charges in the Common Pleas Court. That motion was granted by Judge Richard J. McMonagle. The State then took an Appeal of the dismissal order to the Eighth District Court of Appeals. The Eighth District Court of Appeals ruled in Lindstrom’s favor. (See State of Ohio v. Matthew Lindstrom 2011 Ohio 6755) The State next took an Appeal of their flawed case to the Ohio Supreme Court. In the interim,Lindstrom’s younger sister, the Complaining Witness, recanted her allegations under oath and confessed that she brought the charges simply to garner attention. Despite that fact, the Prosecuting Attorney maintained the State’s appeal in a vain attempt to establish an obscure legal point. The Ohio Supreme Court conducted Oral Argument on February 6, 2013 and quickly dismissed the State’s case. (State of Ohio v. Matthew Lindstrom, 2013Ohio 731) See http://www.OhioChannel.org/MediaLibrary/Media.aspx?fileId=138131for a video link of the oral argument in the State’s highest court. Thereafter, the Cuyahoga County Prosecutors Office finally gave up the fight and dropped all charges after a three-year-long legal battle. Mr. Lindstrom is free of all charges and is now living and working in Cuyahoga County.
