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 1, 2006

On the front burner for today's discussion is the Ohio Supreme Court decision from last week holding that the "agricultural" tax valuation of land requires the non-timbered portion to meet the statutory criteria.

Okay.  Maybe not.  We now resume our regular programming.

Which is the weekly roundup.  The 5th District finds no intentional tort where resident of YMCA shot and killed employee, despite claim that YMCA should've known "of the risks inherent with working with residents who were criminals, mentally ill, drug addicts and alcoholics" (don't remember the Village People mentioning that); this is in keeping with cases making it virtually impossible for employer to be held liable on intentional tort theory for criminal acts of third persons, Mitchell v. Lawson Milk Co, 40 OSt3d 190 (1988)... Good discussion in this case from the 1st District regarding court's power to enforce a settlement agreement... Court can still order spousal support while Chapter 13 bankruptcy case pending, says the 5th District... Despite higher standard of care, common carrier not liable for slip and fall on ice and snow on bus, says our court. 

And a nomination for Understatement of the Year (final award in December) goes to the 8th District in this case:

The court identified several of Wife's inappropriate behaviors with respect to her children: bringing the children to the courthouse to pass out a book she had written about the injustice of the court system and her divorce; telling the youngest child that "daddy broke up our home" and "the devil lives in daddy;" blatantly violating a court order to enroll the children in a traditional school, which caused the children to enter school one month late and hampered their transition from home schooling to traditional schooling; continuing to nurse Cleutus, contrary to medical advice, even though his teeth were rotting; and, refusing to engage in any written communication with Husband regarding the children. The court also noted that it had 'great concern about the emotional stability of [Wife].'

I'd guess.

Have a good weekend.

Search

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