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Case Update

Got two weeks of stuff to plow through, so let's get to it...  Last week's dog-bites-man story out of the Ohio Supreme Court was the decision nullifying Gov. Strickland's veto of the bill passed in a twilight session of the legislature last year essentially gutting a large portion of Ohio's consumer protections.  The Court also upheld Toledo's pit bull ordinance against constitutional attack, in Vick v. Toledo.  And yes, I did make that name up; the case is actually Toledo v. Tellings

In the courts of appeals, a judge in a legal malpractice lawsuit arising out of a divorce case had issued an order compelling the production of the plaintiff's successor attorney's file; the 1st District reversed it on the grounds that the judge should have conducted a hearing first, and the opinion contains an excellent discussion of attorney-client privilege and work product in that context.  And while you're standing in line for the elevators at the Justice Center here in Cleveland, you might want to check out these 8th District decisions on when a court can dismiss a case or grant a default judgment for failure of the other side to appear at a pretrial. 

The 8th District rejects a disproportionality argument on a 29-year sentence for aggravated burglary, attempted murder, kidnapping, and escape.  The 5th District holds that defendant's arrest for a post-release control violation didn't automatically terminate PRC, and police could still conduct a warrantless search of his house, because granting consent to such a search was a condition of PRC.  The 11th District vacates a plea because the trial court didn't make an inquiry of defendant's reasons for requesting new counsel on the day of trial.  The 10th District reverses a community-control sentence on a second-degree felony, holding that the trial court failed to make the findings necessary to overcome the presumption for a prison sentence.  The 12th District upholds an arson conviction where a student tossed a "bottle rocket" into a trashcan, saying that the explosion, which only melted part of the liner of the can and produced some smoke, was still sufficient to warrant conviction under the statute.

And in the Somebody Didn't Get the Memo Department:  the trial court in State v. Grimes imposed a ten-year consecutive sentence on two robbery counts, stating that "a minimum sentence would demean the seriousness of the offenses" and "would not adequately protect the public," and that "consecutive sentences are necessary to protect the public" and "to adequately punish the defendant."  All those judicial findings, of course, were eliminated by State v. Foster.  Which had been decided six weeks earlier...

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Recent Entries

  • May 25, 2017
    "Clarifying" post-release controls
    A look at the Supreme Court's decision in State v. Grimes
  • May 23, 2017
    What's Up in the 8th
    Allied offenses, and two search cases
  • May 23, 2017
    What's Up in the 8th
    Allied offenses, and two search cases
  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it