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 »

×

July 31, 2006

Got a lot of work to catch up on today, so just a short note... 

Back in 2004, the Ohio Supreme Court, in Ohio v. Jordan, held that a trial court had to apprise the defendant of post-release controls (PRC) both at the sentencing hearing and in the sentencing journal entry.  Earlier this year, it followed up that decision by holding, in Hernandez v. Kelly, that if the Court failed to do that, PRC couldn't be imposed. 

This issue often arises on appeal, and the appellate court routinely remands the case for resentencing, telling the judge to get it right.  But what happens if there's not an appeal?  As I pointed out a couple months back, failure to notify a defendant of PRC precludes a later conviction for escape.  If that was questionable before Hernandez, it certainly isn't afterward.  But the sentencing court couldn't correct the error on its own, because it loses jurisdiction to modify sentencing after the defendant is sent to the institution.

So a couple of weeks ago, new section RC 2929.191 went into effect, allowing the trial courts to correct a sentencing entry to include PRC.  The court has to hold a hearing in order to do that, at which the defendant must be present, either in person or through the magic of video.

Search

Recent Entries

  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it
  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives