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 17, 2006

I want to spend a beautiful day like this writing this stuff about as much as you want to spend it reading it, so let's get to the Weekly Roundup so we can all get outdoors and enjoy the sunshine.

RC 3119.79(A) provides that if a party asking for a modification of child support shows that the obligation would increase or decrease by 10% from the previous order, it constitutes a change of circumstances allowing a change in the order. The 10th District holds that this isn't a prerequisite: the court can modify support even if the 10% rule isn't met... 10th District also upholds trial court's grant of default judgment and dismissal of defendant's counterclaim as sanction for defendant's consistent failure to attend deposition... 9th District finds that trial court doesn't abuse discretion by granting lifetime alimony in a marriage of "long duration," 26 years in this case... 8th District holds hearsay rules aren't applicable in small claims proceeding. Case involved veterinary malpractice, and could serve as a manual for how magistrates shouldn't conduct a hearing...

3rd District determines that trial court didn't do sufficient job of determining that defendant should be allowed to represent himself; good discussion of steps court should take in accepting waiver...12th District says that theft by deception and receiving stolen property are allied offenses, when it's the same property; case involved a money order which defendant claimed he received "after he responded to an email soliciting his help in claiming money from a Nigerian bank"... 3rd District holds that even if sobriety tests are not properly given, arrest is valid if the "totality of the circumstances" shows probable cause... 9th District holds that the amendment of the DWI statute to provide a 20-year "lookback" period isn't unconstitutional as an ex post facto law.

And if you think that Cuyahoga County is the only place where the "name game" gets played in judicial elections, check out the result of this race in Los Angeles:

The rare defeat of a highly regarded sitting judge ousted from the bench Tuesday by a bagel store owner who'd barely practiced law in the last decade sent a jolt through Los Angeles County legal circles, leading some to question whether the system to select judges needs overhauling.

When the ballots were counted it wasn't even close: Judge Dzintra Janavs, a 20-year veteran of the bench, lost by almost 8 percentage points to Lynn Diane Olson, a Hermosa Beach resident and business owner who only late last year reactivated her state bar membership.

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?