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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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