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 »

×

Weekly roundup

Quick trip around the courts the past week or so... 

8th District finds sufficient corroborating evidence for conviction of sexual imposition; opinion shows how little evidence is required... Proving that premises are a residence isn't sufficient to prove "likely to be present" element in burglary, as mentioned here earlier this week, but it it is to prove element that premises are "occupied," as this decision from the 9th District shows... 1st District says that failure to advise defendant that he couldn't appeal denial of his suppression motion after guilty plea did not render plea involuntary... Trial judge can terminate post-release controls under RC 2929.141, but not parole, so 8th District vacates plea where judge told defendant she would "take care of" his parole violation...

1st District applies "attendant circumstances" rule to question of whether less than 2" deviation in sidewalk was substantial... Good case from the 2nd District on considerations to be used by courts in determining whether child support obligor is voluntarily underemployed... 2nd District holds that former auto salesman could testify as expert, under Rule 701, that dealership was doing shady stuff, but rejects argument that court could take judicial notice of same under Rule 201 (okay, I made that last part up)...

And the captain of the Dummy Team this week is the defendant in this case, who argued that the judge unfairly terminated his community control sanctions.  Part of the sanctions, imposed for a weapons disability conviction, was the requirement that the defendant attend the Victims of Violent Crime Impact Panel.  The defendant did indeed report to the probation department when the program was scheduled.  Unfortunately, he was intoxicated at the time. 

Probably one of those guys who, when told that they've blown a .25 on the breathalyzer, respond with, "Wow, I'm only 25% drunk!"
Have a good weekend.

Search

Recent Entries

  • June 20, 2017
    What's Up in the 8th
    I come a cropper, plus inventory searches and mandatory probation
  • June 19, 2017
    Case Update - SCOTUS
    What's coming up in the US Supreme Court in the next two weeks
  • June 12, 2017
    What's Up in the 8th
    After weeks in the desert, we come upon an oasis of defense wins
  • June 7, 2017
    A switch in time
    Why what the Supreme Court did in Aalim II and Gonzales II is a bad thing
  • June 6, 2017
    What's Up in the 8th
    A turnabout on prior calculation and design, and harmless error in all its manifestations
  • June 5, 2017
    Case Update
    A death penalty case, fourteen years after the crime, and we're just getting started. And two appellate decisions on search and seizure.
  • May 31, 2017
    What's Up in the 8th
    "What's a law enforcement accountability activist?" asked someone never, but the answer is here. Plus, cell phone experts, joinder, and the fading glory that was State v. Hand.
  • May 30, 2017
    Case Update
    One searches SCOTUSblog in vain for decisions which would be of interest to the uncounted hordes of this blog's regular readers; one of the Court's opinions last week deals with the Hague Service Convention's rules on international service by mail,...
  • May 25, 2017
    "Clarifying" post-release controls
    A look at the Supreme Court's decision in State v. Grimes
  • May 23, 2017
    What's Up in the 8th
    Allied offenses, and two search cases