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 »


June 10, 2006

Time for the Weekly Roundup... 3rd District upholds grant of custody of three children, one an 11-year-old girl, to the father; probably the biggest factor was the mother's moving in with a man who'd been classified as a sexual predator. Duh... The 8th district determines that lack of smoke detector on first floor, in violation of city ordinances, precludes summary judgment... Going to prison doesn't get you off the hook for child support, says the 3rd District... the 5th District upholds use of RC 1703.191, which allows you to obtain service on an unlicensed foreign corporation by serving the secretary of state...

Interesting result in this case from the 9th District.  Defendant appealed his more-than-minimum and consecutive sentences; although Foster was decided a week before the brief was filed, defendant only argued statutory, not constitutional grounds. The court noted that defendant's "one-sentence reference to Foster at the end of his brief fails to articulate any sort of constitutional argument and this Court is not inclined to make his argument for him," and affirms the sentence. This seems to run counter to Foster's holding that all sentences are void, as I discussed here, but is probably the right result.... 

After defendant made a Rule 29 motion in a receiving stolen property case arguing that the state hadn't introduced any evidence that he knew the property was stolen, the trial court lets the state reopen its case to provide that evidence, and the 9th District says that's within the court's discretion... 3rd District says that Foster didn't change procedural requirements for post-conviction relief petitions, and upholds dismissal of a petition filed outside the 180-day limit... 12th District affirms a burglary conviction, finding that opening a closed door is sufficient to constitute "force" and that intent to commit theft offense can be formed after entry...

And on the legislative front, the dwindling population of Ohio can take comfort in the passage of RC 5.073, which provides, as we lawyers say, in toto:

The Newark Earthworks in Licking County, which are geometric earthen enclosures constructed during the prehistoric time period, are hereby designated the Official Prehistoric Monument of the state.

To the best of my knowledge, Ohio is the only state with an Official Prehistoric Monument.  The discerning reader should not confuse the phrase "to the best of my knowledge" with the phrase "extensive research has determined."


Recent Entries

  • March 20, 2017
    Taking time off
    I'm taking the week off. Have a major brief due on Thursday, plus a trial in Federal court starting next Monday. Plus, I'm pretty sure that Obama wiretapped me, too, so I'm working on getting to the bottom of that....
  • March 17, 2017
    What's Up with the 8th?
    The 8th District cases come out every Thursday. By about ten o'clock in the morning, the court will have posted the "weekly decision list" on its web site. It will give a summary of the case, usually in a sentence...
  • March 14, 2017
    Rippo and Pena-Rodriguez
    SCOTUS issues decisions on judicial recusal and biased jurors
  • March 13, 2017
    Case Update
    A SCOTUS decision on career offenders, and appellate cases on what a judge can consider in sentencing, and untimely motions to suppress
  • March 9, 2017
    A switch in time
    The court reverses itself in Gonzalez
  • March 8, 2017
    What's Up in the 8th
    More sentencing stories, and the right way to handle an Anders brief
  • March 7, 2017
    Case Update
    Knock and announce and the Ohio Constitution, and Anders briefs.
  • March 6, 2017
    Never mind
    The Ohio Supreme Court reverses Gonzalez.
  • March 2, 2017
    Of bright lines and bookbags
    Oral argument in State v. Oles and State v. Polk
  • February 28, 2017
    What's Up in the 8th
    A good outcome in a search case, probably a good outcome (to be) in a drug case, and a very bad outcome in a child rape case