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 »

×

Tanned, rested & ready

Well, I had a nice vacation, so let's get back to work.  The big decision from the Ohio Supreme Court last week was State v. Haines, a 6-1 decision holding that where the defense impeaches the credibility of a victim of domestic violence, the prosecutor can use expert testimony on the battered woman syndrome to rehabilitate the witness, particularly on questions like why she stayed with the abuser, or why she didn't report the abuse.  The Court imposes some substantial restrictions on the use of the testimony, but there are some logical inconsistencies with the decision.  I'll do a full post on it later this week.  As for the courts of appeals: 

Civil.  8th District holds that discharged municipal employee need not exhaust civil service administrative remedies before filing discriminatory discharge complaint... 9th District holds that open and obvious doctrine does not apply where employee drops planter on customer's head -- time out for our Moment of Duh -- and rejects employer's claim liability is barred because customer should have anticipated employee's negligence... Money paid by wife's parents for husband's medical school tuition not a liability or asset in divorce case, rules 10th District... Father's sending of one Christmas card and gift card in previous year sufficient "communication" to require his consent for adoption, 12th District holds... 9th District upholds zero award in PI case where defendant admitted liability that caused "some injury," holding that "some injury" does not mean "some compensable injury"...

Criminal.  3rd District rules that no contest plea preserves appealability of motion to suppress illegally seized evidence, but not rulings on motions in limine... 5th District reverses sexual predator finding because trial court did not make a finding on whether defendant was likely to reoffend, but remands it back to trial court for that determination; gosh, I wonder how that'll turn out... 6th District upholds suppression of evidence where detention after traffic stop exceeded permissible bounds... Good case out of the 3rd District on excited utterances in child sex abuse cases:  court holds that statement made when child seemed merely "confused," not upset, doesn't qualify...

And if you want to take a trip in the Wayback Machine, check out the 9th District's decision in this case.  The defendant argued that the search should be suppressed, because the affidavit for the warrant didn't include any information on the reliability of the informant, and the court spent nine paragraphs refuting that contention, without ever once mentioning the good-faith exception to the warrant requirement.  It's somewhat refreshing to see a court discuss whether or not an affidavit did in fact establish probable cause, as if it really mattered. 

Like they say, nostalgia isn't what it used to be.

Search

Recent Entries

  • July 24, 2017
    What's Up in the 8th
    Some things we knew, some things we didn't
  • July 21, 2017
    Friday Roundup
    Computers and sex offenders, civil forfeiture, and phrases that should be put out to pasture
  • July 20, 2017
    Case Update
    A look at the Ohio Supreme Court's decision in State v. Oles, and did you know that Justice Ginsburg has a .311 batting average with runners in scoring position? Oh, wait...
  • July 18, 2017
    What's Up in the 8th
    Judicial bias, RVO specs, 26(B) stuff, waivers of counsel... And more!
  • July 17, 2017
    No more Anders Briefs?
    I have a case now in the 8th District where I came close to filing an Anders brief the other week. It's an appeal from a plea and sentence. The plea hearing was flawless. The judge imposed consecutive sentences, and...
  • July 13, 2017
    Sex offenders and the First Amendment
    Analysis of the Supreme Court's decision in Packingham v. North Carolina
  • July 12, 2017
    Removing a retained attorney
    What does a judge do if he thinks a retained attorney in a criminal case isn't competent?
  • July 11, 2017
    What's Up in the 8th
    The court does good work on a juvenile bindover case, and the State finally figures out that it should have indicted someone in the first place
  • July 10, 2017
    Case Update
    SCOTUS ends its term; the Ohio Supreme Court issues another opinion, and likely the last one, on the trial tax
  • June 28, 2017
    Plea Bargaining -- The defendant's view
    A look at the Supreme Court's decision last week in Lee v. United States