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 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."

Search

Recent Entries

  • September 12, 2017
    What's Up in the 8th
    Prior consistent statements, whether State v. Hand is applied retroactively, and a big Coming Attraction
  • September 11, 2017
    Case Update
    Looking back at Melendez-Diaz, and the 8th goes 0 for 2 in the Supreme Court
  • September 8, 2017
    Friday Roundup
    Pro bono work, screwed-up appeals, and is Subway shorting their customers?
  • September 5, 2017
    What's Up in the 8th
    The barriers to expungement, jury verdict forms, and hybrid representation
  • August 31, 2017
    Constructive possession
    Constructive possession is 9/10ths of the law
  • August 29, 2017
    What's Up in the 8th
    A traffic stop found Samson Primm in possession of a few grams of marijuana, but he hires a lawyer and files a motion to suppress the stop. On the day of trial, the City asks to dismiss the case. Primm...
  • August 28, 2017
    Truth in plea bargaining
    So I got a brochure last week from Judge Donnelly over at the Common Pleas court. As you can see, it's a panel discussion on plea bargaining. The judge asked me to get out the word, so I just sort...
  • August 15, 2017
    Summer Break
    Got a bunch of stuff to do over the next couple weeks, and with the slowdown in the courts, it's a good time to take a break. I'll be back here on August 28. See you then....
  • August 11, 2017
    Friday Musings
    Drug trafficking, ADA lawsuit abuse, and e-filing
  • August 10, 2017
    Case Update
    Waiting on SCOTUS; two Ohio Supreme Court decisions