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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

No news out of Columbus, save for a bevy of disciplinary decisions and appeals from disqualifications to take the bar exam.  Hint:  if you're thinking of becoming a lawyer, it's best to get your drinking and drug problems out of the way first.  The US Supreme Court added 17 new cases to its decision docket for this term, including two involving voter ID's, two involving whether certain crimes qualify for enhancements under the armed career criminal act (state drug laws in one, felony DWI in the other), and one to determine whether a violation of state law on arrest requires exclusion of the evidence.  That last is a biggie, and I'll have more on that later.  On to the courts of appeals...

Criminal.  6th District rules that failure of attorney to explain exact statutory requirements for conviction of burglary and felonious assault (i.e., definition of "occupied structure" and "serious physical harm") not ineffective assistance, doesn't require vacating plea... Good discussion of the law on protective sweeps in this 8th District decision; sweep was based on shot being fired as police approached house, turns out policeman accidentally shot himself as he was pulling out his gun... Well, duh:  3rd District reminds trial courts that they can't determine a defendant's a probation violator without holding a hearing; also reverses denial of motion to vacate guilty plea because defendant was given inaccurate information re when he would be eligible for judicial release... Advising non-citizen defendant of deportation consequences of crime at arraingment, but not at plea, requires vacating the plea, says 12th District...

Civil.  Things to know:  as indicated in this 8th District decision, if you get relief from a bankruptcy stay to file a civil complaint against the debtor, you've got to file the complaint within thirty days, under Federal law... 8th also affirms dismissal of suit against mortgage company claiming that by adding certain fees it engaged in the unauthorized practice of law, stating that only Supreme Court had authority to determine whether practice was unauthorized... Making sure fire hydrants work is a governmental function, says 12th District, giving municipality sovereign immunity when they don't...

This week's Dumb Criminal Award goes to the defendant in the 12th District's decision in State v. Hubbardif you want to beat that unlawful sexual misconduct with a minor charge, it's probably not a good idea to call the 14-year-old girl and tell her that you love her.  Especially if you're calling from jail.

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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