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Case Update - Criminal

Lots of stuff the past week or so... 

1st District rejects contention that sexual predator law violates Blakely, holds that while law requires judicial findings, designation is "remedial" and therefore doesn't implicate 6th Amendment... 2nd District rules that RC 2929.22, which specifies when maximum sentence can be imposed for misdemeanors, violates Blakely, but holds that defendant waived issue by not raising it at sentencing...  6th District holds that even if probation revocation proceedings were instituted before probation period terminated, court lost jurisdiction to impose sentence for violation once period expired, unless it extended period before expiration...

8th District reverses grant of motion to suppress where police began search before warrant arrived; since warrant was valid, evidence could come in under inevitable discovery doctrine... 1st District also holds that court can't order probation department to calculate restitution, must hold hearing on issue... 5th District holds that judge may not impose reduced sentence upon violation of judicial release... 8th District holds that 1-year firearm spec isn't lesser-included offense of 3-year spec, defendant not entitled to instruction on it as a lesser offense...

Speaking of lesser-included offenses, 3rd District holds that counsel's failure to request charge on one is matter of trial strategy, not subject to review for ineffective assistance of counsel claim... 9th District holds that, on no contest plea to felony theft offense, court can't determine stolen property was a lesser amount and reduce charge to misdemeanor...  

Call us the minute you get out.  From the headnotes of the 1st District's decision last week in State v. Walker

When a defendant convicted of rape has been ordered under R.C. 2950.031 not to reside within 1000 feet of any school premises, his argument that the restriction violates his constitutional  rights is not ripe for appellate review because of the defendant's incarceration for a 24-year term.

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Recent Entries

  • July 24, 2017
    What's Up in the 8th
    Some things we knew, some things we didn't
  • July 21, 2017
    Friday Roundup
    Computers and sex offenders, civil forfeiture, and phrases that should be put out to pasture
  • July 20, 2017
    Case Update
    A look at the Ohio Supreme Court's decision in State v. Oles, and did you know that Justice Ginsburg has a .311 batting average with runners in scoring position? Oh, wait...
  • July 18, 2017
    What's Up in the 8th
    Judicial bias, RVO specs, 26(B) stuff, waivers of counsel... And more!
  • July 17, 2017
    No more Anders Briefs?
    I have a case now in the 8th District where I came close to filing an Anders brief the other week. It's an appeal from a plea and sentence. The plea hearing was flawless. The judge imposed consecutive sentences, and...
  • July 13, 2017
    Sex offenders and the First Amendment
    Analysis of the Supreme Court's decision in Packingham v. North Carolina
  • July 12, 2017
    Removing a retained attorney
    What does a judge do if he thinks a retained attorney in a criminal case isn't competent?
  • July 11, 2017
    What's Up in the 8th
    The court does good work on a juvenile bindover case, and the State finally figures out that it should have indicted someone in the first place
  • July 10, 2017
    Case Update
    SCOTUS ends its term; the Ohio Supreme Court issues another opinion, and likely the last one, on the trial tax
  • June 28, 2017
    Plea Bargaining -- The defendant's view
    A look at the Supreme Court's decision last week in Lee v. United States