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 22, 2006

Quick wrapup of some of the week's highlights:

Supreme Court reverses 8th District, holds that conviction as aider and abettor proper even where principal offender not identified... 3rd District holds that even though identification procedure unduly suggestive, witness could still make in-court ID... 12th District rules guilty plea in rape case waives claims that witnesses were incompetent, also waives claim of counsel's ineffectiveness unless defendant can show she would not have entered guilty plea but for counsel's errors... 8th District holds that passing bad checks and theft aren't allied offenses...

1st District reverses jury verdict awarding no damages for future pain and suffering where uncontested that plaintiff would have pain in future... 6th District affirms summary judgment in slip and fall on ice by postman delivering mail to defendant's home; plaintiff claimed that defendant had slipped on same spot two hours earlier, so had "superior knowledge" of danger and thus a duty to warn, court wasn't buying... 9th District says trial court can conduct de novo review of magistrate's decision, overrule decision on an issue even if not requested by objecting party... 5th District rejects lawyer's appeal from judgment of $6040 for DWI, lawyer had already been paid $6800, sought additional $14,000 (where do I get clients like that?)...

And if you've got time on your hands and want to sue a telemarketer, this case will tell you all you need to know about the Federal and state law on it.  On the other hand, if you get an unsolicited fax and are just itching to get even with the sender, this is where you want to look.

Search

Recent Entries

  • March 28, 2017
    What's Up in the 8th
    Pro se motions, pro se defendants, and advice for deadbeat dads
  • March 27, 2017
    Case Update
    Gorsuch's embarrassing day, upcoming oral arguments in SCOTUS
  • 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.