Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

Venting

See, here's the kind of stuff that cheeses me off.

I've got an appeal that I'm doing.  Not the best case:  my client is charged with aggravated robbery, and the two victims positively ID him and the codefendant.  I've got a couple of issues -- the judge probably let some stuff in that he shouldn't have -- but they’re going to be subject to harmless error analysis, so I’ve got to make an argument that the evidence in the case wasn’t as overwhelming as it might seem.

I might be able to do that.  Although the two victims made identifications, they didn’t at the cold stand conducted 20 minutes after the crime, and there’s some other stuff, like the fact that none of the stolen items were found on my client or the codefendant, and that neither of them had the gun the victims claimed the robbers had.  And the descriptions of the robbers got a lot more specific after the cold stand, so I can make the argument that the ID from the photo display was really based on seeing the defendants at the cold stand, not at the robbery.  Not great, but still…So I finally get to the sentencing, and here’s what the defendant’s trial counsel says:

“Your honor, it’s been a pleasure for me to represent [the defendant].  I told him that the evidence against him was compelling on the aggravated robbery case and I think he was likely to be convicted.”

I had another one a little while ago where the defense lawyer said at sentencing that if he’d known the state’s case was that strong, he would have told his client to plead.

It’s one thing if the client wants to ‘fess up to the crime, in an attempt to show remorse so that he’ll get a lesser sentence, but in both cases the defendants insisted they were innocent.  While their defense lawyers stood there and essentially said, “Yeah, I would’ve convicted him, too.”

I've also had ones where I'm going through the transcript and jotting down all the ways the trial judge screwed up, only to get to the sentencing and see where defense counsel congratulated and thanked the judge for the wonderfully fair trial his client got. 

Moral of the story:  if you want to brown-nose the judge, fine, but don't do it on the record, and at your client's expense.

Search

Recent Entries

  • 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
  • August 7, 2017
    Two on allied offenses
    A look at the 8th District's latest decisions on allied offenses
  • August 3, 2017
    Thursday Ruminations
    Computerized sentencing, lawyer ads, and songs from the past
  • August 1, 2017
    8th District Roundup
    One thing that doing this blog has taught me is how much the law changes. The US Supreme Court's decisions in Blakely v. Washington and Crawford v. Washington have dramatically altered the right to jury trial and confrontation, respectively. The...
  • July 28, 2017
    Friday Roundup
    The better part of discretion
  • July 26, 2017
    Supreme Court Recap - 2016 Term
    My annual review of the Supreme Court decisions from the past term
  • 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