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Case Update

Nothing out of the US Supreme Court this past week, except a decision sure to cheese off the Save the Whales Foundation:  in Winter v. National Resources Defense Council, the Court upheld the Navy's right to conduct sonar excercises in the Pacific, despite claims of environmentalists that such exercises might harm marine life.  Good news for Flipper:  while the Court didn't decide one of the underlying issues -- whether the Navy had to prepare an environmental impact statement -- the Navy's going to do so anyway. 

Nothing of significance out of Columbus, either, except that the Supreme Court's agreed to determine whether the add-on one-to-ten year sentence for Repeat Violender Offender specifications survived Foster.  I had several posts a couple years back claiming that they didn't, but several courts, including the 8th, have come to a contrary conclusion, and there's language in Foster and some subsequent Supreme Court cases which muddies up the waters.  So, a year or so from now, we'll finally get a resolution of that.  Maybe; that same issue, except in the context of Major Drug Offender specifications, was present in another appeal that just got dismissed by the court after being pending for ten months.

On to the courts of appeals, which don't get the opportunity to duck cases that way...

Civil.  Attorney did not have authority to enter into settlement; good discussion of when a settlement is enforceable in this 8th District case... 9th District says that father had the burden to prove that he was not underemployed for purposes of determining child support... Hybrid representation (litigant with counsel also seeks to act pro se) banned in criminal cases, 8th District says that court could prohibit hybrid representation in divorce case as well, even where litigant was an attorney... 12th District holds that "terms" of child's living arrangement under shared parenting agreement can be modified without a showing of change of circumstances, requires only that it be in best interest of child, says that court should have considered father's motion to deny issuance of child's passport...

Criminal.  8th District upholds court's decision to close courtroom to public during informant's testimony, good discussion of factors involved... Buyer's remorse:  pro se defendant argues trial judge shouldn't have let him represent himself, 2nd District says judge properly advised him of consequences, affirms... 9th District says claim of actual innocence is not a basis for postconviction relief... 12th District holds that guilty plea waives claim of ineffective assistance of counsel for failing to raise speedy trial claim...

Alternative theories.  From the 1st District's opinion in State v. Miller:  "Miller came to Perkins's old apartment, either to collect a drug debt or to check on a puppy that Perkins was caring for."

Things you won't see on Law and Order:  From the 8th District's decision in State v. Robinson:

In the instant case, the state's first witness was Cleveland police officer Scott Miller, who testified about evidence bags of heroin and marijuana found as evidence at the scene of a crime. Subsequent to Miller's testimony, however, the prosecutor realized that this was evidence from a different case and had nothing to do with appellant. The mistake was traced to the Cleveland Police Department, who inadvertently used the same report number for these drugs as the crack cocaine that appellant is charged with possessing and trafficking.

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Recent Entries

  • March 20, 2017
    Taking time off
    I'm taking the week off. Have a major brief due on Thursday, plus a trial in Federal court starting next Monday. Plus, I'm pretty sure that Obama wiretapped me, too, so I'm working on getting to the bottom of that....
  • March 17, 2017
    What's Up with the 8th?
    The 8th District cases come out every Thursday. By about ten o'clock in the morning, the court will have posted the "weekly decision list" on its web site. It will give a summary of the case, usually in a sentence...
  • March 14, 2017
    Rippo and Pena-Rodriguez
    SCOTUS issues decisions on judicial recusal and biased jurors
  • March 13, 2017
    Case Update
    A SCOTUS decision on career offenders, and appellate cases on what a judge can consider in sentencing, and untimely motions to suppress
  • March 9, 2017
    A switch in time
    The court reverses itself in Gonzalez
  • March 8, 2017
    What's Up in the 8th
    More sentencing stories, and the right way to handle an Anders brief
  • March 7, 2017
    Case Update
    Knock and announce and the Ohio Constitution, and Anders briefs.
  • March 6, 2017
    Never mind
    The Ohio Supreme Court reverses Gonzalez.
  • March 2, 2017
    Of bright lines and bookbags
    Oral argument in State v. Oles and State v. Polk
  • February 28, 2017
    What's Up in the 8th
    A good outcome in a search case, probably a good outcome (to be) in a drug case, and a very bad outcome in a child rape case