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 »

×

Case Update

Nothing of significance in the US Supreme Court this week.  Down in Columbus, in addition to State v. Sarkozy, which I discussed on Friday, the Ohio Supreme Court decided Pruszynski v. Reeves, a decision significantly clarifying the law on prejudgment interest.  Although a number of courts have decided that a hearing is only required if the trial court is going to grant interest, the Supreme Court says no:  you've got to hold a hearing either way.  The trial court does have some latitude in exactly what type of hearing to conduct, but there's got to be one.  And in State ex rel Stucco Inc. v. Ind. Comm., the Court holds that even if an employee is validly terminated, if he's on temporary total disability at the time, he's entitled to continue collecting it.

On to the courts of appeals...

Civil.  8th District holds that lower court properly held defendant in contempt for failing to allow visitation, but erred in not allowing her to purge contempt, but dissent probably has better argument that that's not required... 6th District reverses judgment for malicious prosecution, holds that wife's threat to husband to "rip your balls off" constituted probable cause for arrest for threatening domestic violence.  I'll say... 9th District holds that operation of group home by Children's Services is a "governmental," not "proprietary" function under sovereign immunity statutes... 2nd District holds court erred in giving wife more than her share of her pension to provide her support, says proper procedure is to award spousal support for that purpose...

Criminal.  6th District holds that trial court did not give improper weight in sentencing to defendant's juvenile convictions, which consisted of -- count 'em -- six felonies and sixteen misdemeanors... 9th District rules that three-time refusal to allow drunk driving suspect to call her attorney before taking breathalyzer test didn't require suppression of test for violation of right to counsel under 6th Amendment or RC 2935.20... Somewhat befuddling ruling on collateral estoppel as part of double jeopardy in this 10th District decision:  acquittal of agg robbery and firearms specification in first trial didn't bar introduction of evidence of gun in second trial on rape charge, but it was error for trial court not to instruct jury that evidence of gun couldn't be considered as "force"... 11th District holds that three-year delay in serving indictment violated defendant's constitutional right to speedy trial... 4th District also throws out conviction for violation of speedy trial, says time not tolled for motion to suppress because judge took over a year to rule on it; part of reason for delay was that one of the county judges had been indicted... 8th District affirms that after bindover, juvenile can be indicted for additional crimes as long as they arose from same transaction...

Bullshit Traffic Stop of the Week:  3rd District upholds stop based on officer's determination that license plate and license plate light were "awfully dirty."

Search

Recent Entries

  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives
  • April 17, 2017
    Case Update
    Structural error, prejudice, and police run amok.
  • April 13, 2017
    Some arguments on sentencing
    Why oral arguments can be fun, even when they're not yours
  • April 12, 2017
    What's Up in the 8th
    Oh fun: declarations against interest v. non-hearsay. Also, the difference between not guilty and innocent, and Ohio's statute penalizing the refusal to take chemical test in a DUI case goes bye-bye
  • April 11, 2017
    Case Update
    Filibusters, and appellate cases on all the ways lawyers can screw up.
  • April 7, 2017
    Change of course
    A new approach in my client-attorney relationships
  • April 4, 2017
    What's Up in the 8th
    A true rocket docket, and Anthony Sowell pops up again
  • April 3, 2017
    Case Update
    Free merchant speech, an argument on Brady, another look at Creech