Per ruling of the 4th District Court of Appeals, Ohio University student Kelly Kasler has been granted a public defender after previously being denied one by an
Athens County Municipal Court judge.
Charged with obstructing official business and resisting arrest on Oct. 28, 2012,
Kasler was originally denied a public defender for financial reasons.
Judge William A. Grim ruled that due to her parents’ income, their covering of her
OU tuition costs and other factors, Kasler is financially dependent on her parents and unqualified for a court-appointed, taxpayer-provided attorney.
After an appeal from the Ohio Public Defender’s office, Kasler’s case was granted a stay this February for further investigation by the appeals court, according to a previous Post article.
The appellate court made its ruling last Friday that Kasler does qualify for a public defender and that Grim’s denial of court-appointed counsel was an abuse of legal discretion.
Because of Kasler’s small income and inconsistent work history, the ruling states she is unable to employ counsel and thus qualifies for a court-appointed attorney. She applied for a public defender on Tuesday, according to court documents.
Kasler will next appear in Athens County Municipal Court on Sept. 16 at 8 a.m.
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—Kelly Fisher contributed to this report.