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.
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