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 »

×

Case Roundup

I covered the major cases from the Supreme Court on Friday -- there wasn't much of interest besides the two death penalty appeals -- so let's take a look at the court of appeals cases from the past week.

Civil.  Allowing plaintiff to seek per diem amount of damages in final portion of closing was error, says 8th District, but was waived by defendant's failure to request permission to rebut... 1st District holds that threat of harm, not actual harm, appropriate standard for issuance of preliminary injunction... Good discussion of standards for determining underemployment for child support purposes in this 9th District case... 2nd District upholds award of $994 in attorney fees as discovery sanctions for counsel's failure to procure court reporter for deposition...

Criminal.  8th District reverses speeding conviction, continues its holding, also shared by 2nd and 3rd Districts, that officer's visual estimation of speed not sufficient to convict... Dismissal proper where police officer violates department policy by taping over videotape of DWI defendant's arrest, says 1st District; I did a post on this back here... 3rd District holds that denial of suppression motion proper where defendant voluntarily appeared at police station to make statement... Prior acts were admissible, despite fact they occurred eight years ago, holds 12th District... 5th district rules that uncounseled misdemeanor conviction can serve as basis for revoking probation...

Guess you have to punch the lawyer.  Occupational hazards:  when the attorney in State v. Vaughn presented a plea offer to his client and suggested he take it, the client not only rejected the deal but called the lawyer "a dirty mother fucker" for having the audacity to bring it to him.  The 8th District held this didn't "represent a breakdown in communication between him and his counsel of sufficient magnitude to represent a denial of counsel, such that new counsel should have been appointed."

And in light of Ohio's new smoking ban, you might want to check out this case, in which the court of appeals devotes thirteen pages, including a concurring and a concurring-and-dissenting opinion, to upholding a $35 fine for disorderly conduct for defendant's confronting several people about smoking at a youth baseball game.

Search

Recent Entries

  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it
  • 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