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

  • 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
  • April 17, 2017
    Case Update
    Structural error, prejudice, and police run amok.
  • April 13, 2017
    Some arguments on sentencing
    Why oral arguments can be fun, even when they're not yours
  • April 12, 2017
    What's Up in the 8th
    Oh fun: declarations against interest v. non-hearsay. Also, the difference between not guilty and innocent, and Ohio's statute penalizing the refusal to take chemical test in a DUI case goes bye-bye
  • April 11, 2017
    Case Update
    Filibusters, and appellate cases on all the ways lawyers can screw up.
  • April 7, 2017
    Change of course
    A new approach in my client-attorney relationships
  • April 4, 2017
    What's Up in the 8th
    A true rocket docket, and Anthony Sowell pops up again
  • April 3, 2017
    Case Update
    Free merchant speech, an argument on Brady, another look at Creech