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Case Update

The Magnificent Seven in Columbus have apparently been so busy decorating their Labor Day trees and doing last-minute holiday gift shopping that they haven't had time to write any opinions this past week.  Somehow, I don't see a surge of activity coming this next week, either.  This will be the last Update for a couple of weeks, since I'm going on vacation next Sunday, so maybe by the time I get back the court will have gotten its freak on, and I'll have something to write about.

By that time, too, their Federal counterpart will be only a couple weeks away from starting up, so we'll have plenty of things to discuss on that front.  Speaking of that , and in the Shameless Self-Promotion category, I'll be doing a seminar for the Cuyahoga County Criminal Defense Lawyers Assocation on a review of the major criminal decisions in Supreme Court's 2007 term, and a preview of upcoming cases from the next term.  The seminar will be Thursday, September 18, at 6:00 PM at John Q's on Public Square in Cleveland.  I've done this sort of thing before, and people tell me it's a toss-up as to which is the best part:  the laser light show, or my explanation of why Scalia's opinions have to be translated from the original German.

Meanwhile, in the courts of appeals...

Criminal.  2nd District vacates sentence, says judge's comments, i.e., "you just decided to waste 50 people's time," indicated he penalized defendant for exercising right to trial... Defendant convicted of two fourth-degree felonies, court gives him probation but says it will impose a three-year sentence for violation, does so, 1st District says judge should have imposed consecutive 18-month sentences, vacates sentence... Good (and lengthy) discussion of what constitutes improper prosecutorial upon defendant's refusal to testify in this 10th District case... Shoot at a guy, and you've committed two crimes:  8th District rules that attempted murder and felonious assault are not allied offenses, defendant can be punished for each... 12th District says that interrogation wasn't custodial, Miranda warnings not required, where defendant came voluntarily to police station and left after interview was completed...

Civil.  2nd District says in dicta that undue influence in will contest has to be shown only by preponderance, not clear and convincing evidence, despite abundant case law requiring higher quantum... 9th District reverses judgment for hospital in med mal case, says jury should have been instructed on res ipsa loquitur; good discussion of that theory... When plaintiff voluntarily dismisses under 41(A), anything that happened in case becomes a nullity; waiver of defense of service in answer in first case can't be applied to refiled case, says 2nd District... 5th District says trial court erred by overruling objections to magistrate's decision without giving objecting party sufficient time to have transcript prepared... 9th District says that failure of plaintiff to file expert medical affidavit in malpractice case does not automatically entitle defendant to summary judgment; defendant still must submit materials showing entitlement to judgment...

Just wait until the Browns play at Pittsburgh.  No weird cases out of Ohio this week, at least not on par with this one from Italy, involving the Inter Milan soccer team:

A court in Naples recently ordered Inter to pay a Napoli fan €1,500 compensation for "existential damage" caused by banners displayed during a match. The banners described Naples as the "sewer of Italy", an insult referring to a chronic refuse crisis that had left rubbish rotting in the streets of Naples.

Provocative abuse was displayed on other banners at the match, which Inter won 2-1, including "Ciao cholera sufferers!" and "Neapolitans have tuberculosis". Inter fans also sang offensive chants. Raffaele Di Monda, representing the Napoli fan (identified only as GDB), argued that the concerted and vindictive abuse made his client feel "indignant and deeply hurt". In addition to damages, the court ordered Inter to pay Mr GDB's costs, making the courtroom contest 2-0 to Napoli.

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