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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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Case Update

All quiet on the Western -- er, Columbus front last week, and no decisions out of the US Supreme Court either.  The latter did agree to add 17 cases to their docket this term; probably the biggest is one on whether states can require photo ID's for voting.  There are several important criminal cases as well, particularly on sentencing issues, such as how felony drunk driving convictions or state drug convictions qualify a defendant for enhanced sentencing under the armed career criminal statutes.  On to the courts of appeals...

Which doesn't have much either.  Well, not in civil cases, at any rate.  In criminal cases, the 10th District does an extensive analysis of the requirements for withdrawing a plea because of the failure of the trial court to adequately inform a non-citizen of the ramifications of a plea, under RC 2943.031, and in another case expounds on antagonistic defenses as a ground for severance of defendants.  The 3rd District holds that intimidation charge can't be made until defendant has been charged with a crime, recognizes conflict with other districts, certifies case to the Supreme Court.  The 1st District rules that the requirements for taking pleas under Crim.R. 11(C)(2) (waiving certain constitutional rights) does not apply to no-contest pleas in probation violation hearings.

Finally, if you're charged with importuning by hitting on a 15-year-old girl (who's actually a cop, surprise surprise) in an Internet chat room, my guess is that your chances of acquittal aren't heightened by using "dirty_biker812" as your online ID.

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