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Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

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Changes

If you've been putting off that sex change operation only because Uncle Sam isn't willing to help pick up the tab, good news might await you:  as this story relates, by the end of the year we should have a ruling on whether gender identity disorder is a medical condition, thus allowing the cost of a sex change -- typically around twenty-five large -- to be tax-deductible. 

The government might have fared better in opposing this if it hadn't chosen for its expert Dr. Park Dietz.  His 15 minutes of fame came during his appearance a few years back as an expert witness for the state in the Andrea Yates case,

during which he told spellbound jurors that Yates may have gotten her idea of drowning her five children from a Law and Order episode in which a mother drowned her children and was acquitted on grounds of insanity.  Unhappily, it wasn't until the case got to the court of appeals that everyone discovered that no such episode existed, leading to the reversal of Yates' conviction. 

No word on whether Dr. Dietz formed his opinions about gender identity disorder from episodes of Will & Grace and Queer Eye for the Straight Guy.

The Briefcase is going to have a substantially abbreviated schedule in September.  Monday's Labor Day, so the Case Update will be on Tuesday.  On Thursday, I'm leaving for two weeks in Maui, and on the list of things that will be occupying my thoughts for those two weeks, anything to do with the law is about midway down page 12.  I'll have a post tomorrow about speedy trial and state requests for discovery, then the case update on Tuesday and whatever catches my fancy on Wednesday, and then we'll be on hiatus here (note the use of the imperial "we") until the 24th.

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Recent Entries

  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives
  • April 17, 2017
    Case Update
    Structural error, prejudice, and police run amok.
  • April 13, 2017
    Some arguments on sentencing
    Why oral arguments can be fun, even when they're not yours
  • April 12, 2017
    What's Up in the 8th
    Oh fun: declarations against interest v. non-hearsay. Also, the difference between not guilty and innocent, and Ohio's statute penalizing the refusal to take chemical test in a DUI case goes bye-bye
  • April 11, 2017
    Case Update
    Filibusters, and appellate cases on all the ways lawyers can screw up.
  • April 7, 2017
    Change of course
    A new approach in my client-attorney relationships
  • April 4, 2017
    What's Up in the 8th
    A true rocket docket, and Anthony Sowell pops up again
  • April 3, 2017
    Case Update
    Free merchant speech, an argument on Brady, another look at Creech