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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

  • June 20, 2017
    What's Up in the 8th
    I come a cropper, plus inventory searches and mandatory probation
  • June 19, 2017
    Case Update - SCOTUS
    What's coming up in the US Supreme Court in the next two weeks
  • June 12, 2017
    What's Up in the 8th
    After weeks in the desert, we come upon an oasis of defense wins
  • June 7, 2017
    A switch in time
    Why what the Supreme Court did in Aalim II and Gonzales II is a bad thing
  • June 6, 2017
    What's Up in the 8th
    A turnabout on prior calculation and design, and harmless error in all its manifestations
  • June 5, 2017
    Case Update
    A death penalty case, fourteen years after the crime, and we're just getting started. And two appellate decisions on search and seizure.
  • May 31, 2017
    What's Up in the 8th
    "What's a law enforcement accountability activist?" asked someone never, but the answer is here. Plus, cell phone experts, joinder, and the fading glory that was State v. Hand.
  • May 30, 2017
    Case Update
    One searches SCOTUSblog in vain for decisions which would be of interest to the uncounted hordes of this blog's regular readers; one of the Court's opinions last week deals with the Hague Service Convention's rules on international service by mail,...
  • 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