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

Nothing to report from the Supreme Court this week, except a bunch of lawyers getting sanctioned, so let's get to the cases.

8th District holds that insurance company is estopped from claiming that it had no notice of default judgment against its insured... 5th District holds that trial court erred in calculating child support by not including spousal support as income to wife... grant of civil protection order proper even where no evidence of physical harm, says 12th District, where defendant's comments to victim, an Alzheimer's patient, caused her mental distress... 1st District rejects claim of retaliatory discharge for filing workers compensation claim... 10th District rules that ex-employee's use of memorized client info was violation of Ohio Trade Secrets act...

Pyrrhic victory?  Defendant faces 58 years in prison, works out deal and gets 8, then appeals, and court vacates plea because trial judge didn't advise him of post-release controls... 5th District allows judge to determine restitution 17 months after sentence imposed, where sentence originally ordered defendant to pay restitution but did not specify an amount... misdemeanor menacing by stalking conviction cannot be expunged, 10th district holds... Court cannot sentence defendant to prison for community control violation if no sentence was specified at time of sentencing hearing, says 8th District...

Of the 60 criminal cases handed down by the Ohio courts of appeals in the past week, over one-third of them -- 22, to be exact -- involved a Foster sentencing issue.

Finally, a tip of the hat to appellant's counsel in State v. Delgado, who argued, unsuccessfully, that the trial court violated defendant's constitutional rights when it advised him that he had the right to testify or the right not to testify, and that "the judge and jury could not have drawn any inference from your decision to testify or not"; the appellant's brief argued that "the message conveyed to Mr. Delgado was that his testimony at trial would have no bearing on the verdict."  That's two points for creativity, and three for having the ability to argue something like that with a straight face.

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