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.
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