Weekly roundup
The Supreme Court holds that the judge's saying during sentencing that post-release controls are optional, when they're actually mandatory, doesn't entitle defendant to habeas corpus relief. The Court also came down with a decision on Wednesday on attorney-client privilege; I'll have something on that next week.
9th District holds that trial court erred in including children's accounts, established under Uniform Gift to Minors Act, as marital property and dividing it... Appeal from administrative decision requires filing of appeal with agency as well as with court; plaintiff cannot rely on clerk of courts to serve agency, concludes 10th District... Motion for relief from judgment for cognovit note does not require grounds under 60(B)(1) through (5), only timeliness and meritorious defense, holds the 1st District... 8th District rules to same effect, but holds that set-off cannot be used as defense to cognovit note...
This 3rd District decision one of a number in past week holding that sentencing under Foster doesn't violate ex post facto law prohibition; I'll have more on this next week, too... 10th District holds that trial court has discretion to refer defendant for competency evaluation even after trial begins... 8th District holds that validation sticker isn't a license plate, defendant cannot be convicted of felony receiving stolen property for former... Lengthy discussion of totality of circumstances test in DWI cases in this 10th District decision, which concludes that court erred in considering each factor in isolation...
And in the category of "You Don't Know How Good You've Got It," this is the 2nd assignment of error in the 9th District's decision last week in State v. Carswell:
"THE SUMMIT COUNTY PROSECUTORS [SIC] OFFICE'S POLICY OF 'OPEN FILE DISCOVERY' IS UNDULY PREJUDICIAL AND IN VIOLATION OF OHIO RULE OF CRIMINAL PROCEDURE."
Practice criminal law about 30 miles north for a couple of months, and then cry me a river.
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