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

We hit the highlights from the Ohio Supreme Court on Friday, so let's get right to the courts of appeals.

Criminal.  6th District holds that nunc pro tunc entry imposing post-release controls is invalid because trial court did not comply with RC 2929.191 requirement of hearing to do that; imposition would have been impermissible anyway, since defendant had finished sentence, although he was still in prison on another crime... 10th District rules that exculpatory disclosure ten days prior to trial satisfies Brady; good discussion of timing requirement for disclosure of Brady material... 8th District affirms 8-year sentence for multiple pandering and importuning counts, holds that review of sentence is not for abuse of discretion, but only to determine whether sentence is contrary to law or evidence "clearly and convincingly" does not support it... 4th District holds that trial court's reference to having read PSI, which "presumably" contained financial information, sufficient to satisfy requirement that court consider defendant's ability to pay in ordering restitution... 12th District holds that defense counsel was ineffective for failing to make Rule 29 motion where state failed to prove venue...

Civil.  6th District rules that Texas decree on custody not entitled to full faith and credit, where child and father resided in Ohio since 1999... 9th District reverses plaintiff's verdict in med mal case, holds that trial court erred in refusing to allow defense to cross-examine plaintiff about prior misdemeanor theft conviction, rules that "unfair prejudice" not a proper consideration for admissiblity... 3rd District reverses grant of permanent custody to agency on grounds that trial court did not explain why it went against GAL's recommendation in doing so... 5th District holds that even where wife's motion to modify alimony is denied, judge can order husband to pay attorney fees where husband engages in "egregious acts"... 12th District reverses summary judgment in trampoline case, holds that dangers "double bounce" -- more than one person on trampoline at a time -- not sufficiently "open and obvious" so as to eliminate manufacturer's duty to warn...

You can call me Ronny, and you can call me Johnny, but you doesn't have to call me Emmanouel Hatzigeorgiou. From the 8th District's decision last week in Arrow Unif. Rental v. Emmanuel

Although the original complaint was filed against "Emmanuel, aka Mike Hapcigeogiou, dba New Mom's Restaurant" the correct spelling of defendant-appellant's name is "Emmanouel Hatzigeorgiou," and he uses the nickname of "Mike." He is referred to herein as "appellant."

Me, I just would've sued "Mike" and been done with it.

Search

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