Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

May 15, 2006

The police pull over a car, and a search finds enough drugs to keep Robert Downey happy on his next movie set. The defendants are indicted for several drug offenses and work out plea deals, one defendant copping to a fifth degree felony and the other to a first degree misdemeanor. A few weeks later, the grand jury indicts the defendants for several more drug offenses arising out of the same stop. The prosecution argues that the indictments were delayed because the BCI took so long in analyzing the drugs that were sent to them.

Too bad, says the court in State v. Lloyd, not only agreeing with the trial judge that the second prosecution violated the collateral estoppel principles of double jeopardy, but the defendants' speedy trial rights as well.

Search

Recent Entries

  • October 16, 2017
    En banc on sentencing
    The 8th District takes a look at what State v. Marcum means
  • October 13, 2017
    Friday Roundup
    Musings about the death penalty and indigent defense
  • October 11, 2017
    Case Update
    SCOTUS starts its new term, and the Ohio Supreme Court hands down two decisions
  • October 10, 2017
    What's Up in the 8th
    Collaboration by inmates, fun in Juvenile Court, the limits of Creech, and more
  • October 5, 2017
    State v. Thomas
    The Ohio Supreme Court reverses a death penalty conviction
  • October 4, 2017
    Russ' Excellent Adventure
    A juror doesn't like me. Boo-hoo.
  • October 3, 2017
    What's Up in the 8th
    What not to argue on appeal, waiving counsel, the perils of being a juvenile, and expert witnesses
  • September 12, 2017
    What's Up in the 8th
    Prior consistent statements, whether State v. Hand is applied retroactively, and a big Coming Attraction
  • September 11, 2017
    Case Update
    Looking back at Melendez-Diaz, and the 8th goes 0 for 2 in the Supreme Court
  • September 8, 2017
    Friday Roundup
    Pro bono work, screwed-up appeals, and is Subway shorting their customers?