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Case Update

No news out of the Ohio Supreme Court last week, and we already discussed the biggie from the US Supreme Court on punitive damage awards.  On to the courts of appeals:

Criminal.  1st District reverses denial of motion to suppress, finds that slow speed -- 43 in 65 zone -- not indicative of criminal activity warranting stop... 8th District affirms dismissal of case because prosecution failed to produce discovery... 9th District says that two lawyers from same office representing co-defendants not a conflict of interest... 5th District vacates mandatory fine for drug trafficking where court failed to conduct hearing on defendant's ability to pay...

Civil.  8th District holds that after law-firm breakup, partners not required to share contingent fees from cases they divvied up... Defendant not entitled to setoff from plaintiff's settlement with third party where settlement agreement specified third party denied liability, 9th District holds... 10th District says refusal of trial court to permit late answer to requests for admissions reviewable only for abuse of discretion, upholds summary judgment; but see this post and this case from 8th District for contra... Fact that husband's attorney prepared child support worksheet not "invited error," holds 5th District, doesn't preclude husband's appeal that worksheet was wrong...

The decision in State v. Bacher starts out, "the following facts are provided both to inform the reader and to refresh defendant-appellant Brandon Bacher's recollection of his arrest," and gets better.  Bacher was stopped for driving 43 mph on I-71, and the court proceeded to detail his "apparent delusions, misconceptions, and concerns," which included his belief that the Ohio Revised Code required that vehicles be impounded by the American Automobile Association instead of the Bureau of Motor Vehicles.  The court quoted Ron White's comedy album Tater Salad for its conclusion that Bacher "had the right to remain silent, but not the ability."

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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