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

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.

Search

Recent Entries

  • 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
  • April 17, 2017
    Case Update
    Structural error, prejudice, and police run amok.
  • April 13, 2017
    Some arguments on sentencing
    Why oral arguments can be fun, even when they're not yours
  • April 12, 2017
    What's Up in the 8th
    Oh fun: declarations against interest v. non-hearsay. Also, the difference between not guilty and innocent, and Ohio's statute penalizing the refusal to take chemical test in a DUI case goes bye-bye
  • April 11, 2017
    Case Update
    Filibusters, and appellate cases on all the ways lawyers can screw up.
  • April 7, 2017
    Change of course
    A new approach in my client-attorney relationships
  • April 4, 2017
    What's Up in the 8th
    A true rocket docket, and Anthony Sowell pops up again
  • April 3, 2017
    Case Update
    Free merchant speech, an argument on Brady, another look at Creech