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

  • March 27, 2017
    Case Update
    Gorsuch's embarrassing day, upcoming oral arguments in SCOTUS
  • 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