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 »

×

Court Update

The only Ohio Supreme decision of note -- well, of note to me -- this past week was one I discussed on Friday.  The US Supreme Court came down with one ruling, in Whorton v. Bockting, holding that the decision in Crawford v. Washington regarding the admissibility of "testimonial statements" could not be applied retroactively, i.e., to cases that were final prior to the ruling Crawford in March of 2004.  Now, to the courts of appeals:

Criminal.  1st District holds that possession of drugs and preparation for distribution and sale are allied offenses; this runs contra to several other districts, but is a good analysis... 10th District reverses order medicating defendant because trial court did not make express finding that side affects would not interfere with defendant's ability to conduct defense... 5th District upholds stop where defendant ran from police, rejects argument that there was insufficient basis for frisk because defendant didn't raise issue until end of argument at hearing on motion to suppress... 4th District upholds traffic stop where defendant failed to use turn signal to exit highway, ruling that this required "moving right or left on a highway" under 4511.39(A), thus necessitating signal... 

Civil.  Good discussion of elements of wrongful discharge on public policy grounds in this 2nd District decision... 8th District affirms $2.4 million legal malpractice award where plaintiffs claimed that lawyers' lack of preparation led to inadequate settlement; excellent analysis of causation requirement in legal malpractice cases... Bad week to be a medical malpractice defendant in the 8th District, too:  defendant's verdict reversed here because of improper jury instruction on alternative diagnosis, and dismissal of complaint reversed here because trial court erred in refusing to grant extension to file affidavit from expert...

I'll be off this week, as I'll tell you tomorrow, but I'll make sure you've got something to read while I'm gone.

Search

Recent Entries

  • 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
  • August 7, 2017
    Two on allied offenses
    A look at the 8th District's latest decisions on allied offenses
  • August 3, 2017
    Thursday Ruminations
    Computerized sentencing, lawyer ads, and songs from the past
  • August 1, 2017
    8th District Roundup
    One thing that doing this blog has taught me is how much the law changes. The US Supreme Court's decisions in Blakely v. Washington and Crawford v. Washington have dramatically altered the right to jury trial and confrontation, respectively. The...
  • July 28, 2017
    Friday Roundup
    The better part of discretion
  • July 26, 2017
    Supreme Court Recap - 2016 Term
    My annual review of the Supreme Court decisions from the past term
  • 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