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


Case Update

As might be expected, the Supreme Court Nine found it more fitting to engage in the traditional holiday gluttony than to provide me with cases to write about.  The cholesterol-laden Court will have oral argument this week in the Phillip Morris case out of Oregon (previous discussions on this blog here).  The Court has vacated the $79.5 million punitive damages award against the tobacco company twice before, but each time it's been reinstated by the Oregon courts. 

Speaking of the Supreme Court, the LA Times ventures some guesses on whom President Obama might pick for the Supreme Court, and another commentator suggests that Obama might break with recent tradition and select a non-judge for the Court.

Nothing from the Ohio Supreme Court last week either, so let's get to the courts of appeals...

Criminal.  Cop stops car for excessive tinting of windows and no license-plate light, sees him making "suspicious movements," 1st District says that's enough to permit search of car console for weapons, even after defendant is handcuffed and placed in back of police cruiser... 10th District says that overnight guest had standing to seek suppression of evidence found in search of apartment... Defendant supposedly shot into house, tries weapons disability counts to judge, felonious assault and firing into habitation charge to jury; jury acquits, judge convicts, 8th District finds no inconsistency in verdicts... 6th District says that defendant not entitled to separate trials just because he wants to testify as to one offense and not the other... 3rd District says that trial court within rights to only give defense counsel a summary of pre-sentence investigation report, holds further that issue is not appealable under RC 2951.03... Defendant convicted of 1st, 2nd, and 4th degree felony trafficking counts, sentenced to 24 years; 3rd District reverses, says convictions were only for 4th and 5th degree felonies because jury verdict form did not specify degree or aggravating factor...

Civil.  8th District reverses grant of summary judgment in products liability case, says that fact plaintiff did not read warnings does not show he cannot establish that inadequacy of warnings proximately caused his injuries; excellent discussion of law on failure to warn... 6th District says that defendants entitled to have cost of discovery deposition transcripts which were filed with court taxed as costs... 7th District rules that court cannot grant a previously-denied motion for summary judgment without prior notice to parties... 6th says that where one party seeks to enforce a settlement agreeement, court must hold a hearing to determine whether valid agreement existed...

kennedy.jpgI'm holding out for the Ruth Bader Ginsburg Action Figure.  Yeah, if you'd been a smart guy, you would have rushed over to E-Bay to put in your bid on the Anthony Kennedy Bobblehead Doll. 

No, I am not making this up.

All in a day's work.  In State v. Zacharias, based upon the gross sexual imposition victim's claim that the defendant had shaved his penis and testicles, the police obtained a warrant to photograph the penis.


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