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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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