Jason Desiderio

I am litigation attorney with experience representing corporate, government, and individual clients. I have argued before the Supreme Court of Ohio and delivered over 20 oral arguments in appellate case. I have represented clients in appellate, civil, criminal, mandamus, habeas corpus, and prohibition matters, as well as appeals of administrative agency decisions. I also have experience in seeking and opposing certiorari in supreme courts. I have briefed and argued cases spanning a broad array of legal questions – including cases involving the First, Fourth, Fifth, Sixth, and Fourteenth Amendments; the Supremacy Clause; land valuation; sentencing; trial court jurisdiction; parental rights; the admissibility of evidence; criminal law; and other constitutional and statutory questions. In addition to my appellate practice, I have been involved in commercial, patent, and environmental litigation at the trial level. I am admitted to practice in the United States Supreme Court, U.S. Court of Appeals for the Second, Sixth and Federal Circuits, the U.S. District Court for the Northern District of Ohio, Ohio and New York. I received my law degree in 2002 from Case Western Reserve University School of Law and my bachelor’s degree from Saint Bonaventure University. At St. Bonaventure I was Student Leader of the Year in 1999, President of the Student Government Association, Vice-President of Intramurals, and a member of Pi Sigma Alpha, the National Political Science Honor Society, and Pi Gamma Mu, the National Social Sciences Honor Society. Representative cases include: State v. Copley, 2006-Ohio-6478 (overturning the trial court’s suppression of a confession) State v. Myers, 2006-Ohio-5958 (affirming a sentence in the face of a Blakely challenge in conflict with other Ohio appellate districts) State v. Rinard, 2006-Ohio-5633 (involving exigent circumstances justifying a warrantless search of defendant’s home) State v. Norris, 2006-Ohio-4022 (involving the reliability of an affidavit for the purposes of obtaining a search warrant, and the trial court’s refusal to suppress evidence found as a result of the search) State v. White, 2006-Ohio-2966 (examining whether an officer properly searched a passenger of a car based on the passenger’s furtive gesture) State v. Nerren, 2006 Ohio-2855 (examining the trial court’s discretion in allowing a party to reopen its case) State v. Ensehusih, 2006-Ohio-651 (examining an alleged Fourth Amendment knock-and-announce violation, inevitable discovery, and collateral estoppel) McClintock v. Glick, 2005-Ohio-5187 (reviewing subject matter jurisdiction of the county building official and the trial court) State v. Palmer, 2005-Ohio-4794 (examining the appropriateness of dog sniff of a car after Illinois v. Caballes, 125 S. Ct. 834 (2005)) State v. Weese, 2005-Ohio-4093 (examining whether a field sobriety test is required after a hospitalized defendant admitted to driving under the influence of alcohol) State v. Engle, 2005-Ohio-4084 (involving the state’s burden to show evidence had not been altered under Rule 901)