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

Today's menu features Virginia v. Gray, a notable US Supreme Court decision on search and seizure, which I'll discuss in more detail tomorrow.  Closer to home, their Ohio counterparts handed down Columbus v. Kim, upholding that city's noise ordinance against a claim of unconstitutionality, concluding that whatever one's standards of "unreasonably loud" was, it was met by a dog barking for an hour and a half so loudly that it could be heard over a running lawnmower.  The court also handed down another decision in a speedy trial case, with a result that's sure to astonish you.  Yep.  Shocking, I tell you.  Shocking.  We'll talk about that on Wednesday, along with another case that came down a few weeks back.

On to the courts of appeals...

Civil.  1st District reverses judgment adopting magistrate's decision because decision was never served on opposing attorney... 6th District strikes down Ohio statute prohibiting municipalities from placing residency restrictions on employees; 9th District had previously come to same conclusion... 8th District reverses $2 million award for plaintiffs in med mal action, good discussion of loss of life expectancy and "loss of chance" theory... 9th District affirms grant of summary judgment to insurance company, holds it had no duty to defend lawsuit against insured barowners who sold liquor to minor, says laches requires prejudice, not just delay...

Criminal.  1st District says that misstatement as to maximum sentence at time of plea not error because no prejudice, where defendant receives sentence within statutory range... Where defendant and state sign plea agreement recommending "a one year sentence with judicial release after 3 months," judge not bound to give judicial release, says 10th District, defendant not entitled to vacate plea... Where police come to defendant's house, ask him to come their car, and question him regarding allegations of sex abuse of his daughter, defendant not in custody for purposes of Miranda, 12th District holds... Defendant files motion to dismiss escape charge because he wasn't placed on PRC, court denies it, defendant pleads no contest and appeals; 9th District says issue not preserved for review, since motion to dismiss on factual basis not appropriate in criminal cases...

Bullshit non-traffic stop of the week.  Police stop defendant for "suspicion of jaywalking," question him, 1st District says it's not a custodial interrogation, reverses grant of motion to suppress.  Opinion refers to several other jaywalking cases, also one where defendant was stopped for "suspicion of excessive window tinting."  No, I'm not making that up...

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