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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.

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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