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 »

×

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.

Search

Recent Entries

  • September 12, 2017
    What's Up in the 8th
    Prior consistent statements, whether State v. Hand is applied retroactively, and a big Coming Attraction
  • September 11, 2017
    Case Update
    Looking back at Melendez-Diaz, and the 8th goes 0 for 2 in the Supreme Court
  • September 8, 2017
    Friday Roundup
    Pro bono work, screwed-up appeals, and is Subway shorting their customers?
  • September 5, 2017
    What's Up in the 8th
    The barriers to expungement, jury verdict forms, and hybrid representation
  • August 31, 2017
    Constructive possession
    Constructive possession is 9/10ths of the law
  • August 29, 2017
    What's Up in the 8th
    A traffic stop found Samson Primm in possession of a few grams of marijuana, but he hires a lawyer and files a motion to suppress the stop. On the day of trial, the City asks to dismiss the case. Primm...
  • August 28, 2017
    Truth in plea bargaining
    So I got a brochure last week from Judge Donnelly over at the Common Pleas court. As you can see, it's a panel discussion on plea bargaining. The judge asked me to get out the word, so I just sort...
  • August 15, 2017
    Summer Break
    Got a bunch of stuff to do over the next couple weeks, and with the slowdown in the courts, it's a good time to take a break. I'll be back here on August 28. See you then....
  • August 11, 2017
    Friday Musings
    Drug trafficking, ADA lawsuit abuse, and e-filing
  • August 10, 2017
    Case Update
    Waiting on SCOTUS; two Ohio Supreme Court decisions