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Case Update

Nothing out of Columbus, and the only point of legal interest out of Washington is this article, reporting a study which shows that the side which gets asked the most questions in a Supreme Court oral argument is most likely to lose.  The other Court-related news is the scuttlebutt that President Obama will be announcing his choice to replace Justice David Souter this coming week.  Despite the deluge of letters and emails from my legion of faithful readers, it doesn't look like it's going to be me.  So let's just get to the courts of appeals and be done with it...

Criminal.  Things I didn't know, Chapter 43:  defendant argues that his convictions should be reversed for insufficient evidence because evidence showed he acted in self-defense, 10th District notes that sufficiency only challenges state's evidence, can't be used to contest rejection of affirmative defense... 9th District says that officer's warrantless entry into house after neighbor called in domestic violence complaint justified under "emergency aid" exception to warrant requirement... Defendant in home invasion gets 8 years, co-defendants who testified against him received 4, 2nd District says there's no problem with that, affirms sentence... 9th says 15 minutes not too long a detention for drug-sniffing dog to arrive, but see great dissent from newest judge in that district... 3rd District upholds conviction for engaging in corrupt activities for theft by defendant and his brother of dump truck in 2007, motor scooters in 2003... Defendant convicted of theft (misdemeanor) for removal of fish from Lake Erie, application for expungement denied because judge found a "compelling public interest" in keeping record unsealed; 8th District affirms, fish rejoice...

Civil.  Things I didn't know, Chapter 44:  motion for judgment on the pleadings considers only pleadings; unlike motion to dismiss, cannot be converted to motion for summary judgment if materials other than pleadings are introduced, says 8th District... 3rd District affirms denial of motion to modify spousal support, agrees husband sold business to his sons to avoid paying support, not because he wanted to work less... Good discussion of considerations in permitting out-of-state counsel to enter pro hac vice appearance in  this 6th District decision...

Bullshit Traffic Stop of the week.  In State v. Davidson, the 2nd District affirms the denial of a motion to suppress, where the officer stopped Davidson's vehicle for failing to put on his turn signal when he pulled away from the curb:

In the present case, Officer Kennard testified that he observed a traffic violation when he saw Davidson's vehicle "pulling into traffic" without signaling.  Officer Kennard then stated that he stopped the vehicle for "failing to use a signal pulling into the lane of traffic."  As set forth above, pulling into a lane of traffic without signaling does not violate R.C.G.O. 72.05 if no other vehicles are present. In light of Officer Kennard's additional testimony, however, that he saw Davidson "pulling into traffic," the trial court could have inferred that at least one other vehicle was present nearby on East Third Street.

You'd think he would've mentioned that earlier.  In State v. Brooks, the 9th District affirms the rejection of defendant's "Common Law Petition to Vacate and Void Judgment," filed 15 years after his conviction of aggravated murder:

In the petition, [Brooks] argued that the trial court was without jurisdiction to sentence him because he is not the person identified by the original indictment.  Brooks asserts that his actual name, date of birth, and social security number differ from those listed on the indictment.

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Recent Entries

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