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Case Update

You rent a hotel room, and when you check your bill, you see you've been charged 6.5% for county and municipal taxes.  Except the county and municipal government don't have taxes on hotel rooms.  You sue the hotel management company, but are informed by the trial and appellate courts that you have to sue the taxing authority to get your money back.  Even though they don't have your money, because they didn't assess any taxes.  The Supreme Court steps in and rectifies the situation in Volbers-Klarich v. Middletown Mgmt., but the whole thing is so goofy it reminds me why I don't do tax law. 

We already discussed  last week's big decision by SCOTUS in Graham v. Florida, on juvenile life-without-parole sentences, but also of note was US v. ComstockAt issue was a provision recently passed by Congress allowing Federal sex offenders to be civilly committed after the expiration of their criminal sentences.  The district court and 4th Circuit had held the law unconstitutional, finding that mental health issues such as civil commitment were traditionally within the purview of state governments.  The Supreme Court disagreed, 7-2, the five-member majority creating a broad test for determining the scope of the constitutional clause giving Congress those powers "necessary and proper" to execute other enumerated powers.  Roberts and Alito concurred more narrowly, but only Thomas and Scalia were left to beat the drum of states rights.  The case may set the stage for arguments about Obama's health care legislation when it inevitably comes before the Court.

On to the appellate courts of Ohio...

Criminal.  6th District says that multiple police officers' testimony that witness' testimony was "consistent" with statements isn't hearsay; well, yeah, but when did opinion evidence on witness' veracity become admissible?... Where sentence should have been 11 years instead of 10, no problem in court using nunc pro tunc entry to correct it, 8th District holds... Although court need not hold hearing on post-sentence motion to vacate guilty plea if defendant presents no more than "conclusory allegations," it must hold hearing if motion is filed pre-sentence, 6th District rules... Defendant accused of child molestation, calls victim's sister as witness, sister testifies that defendant also molested her; decision to call witnesses a tactical one, not ineffective assistance of counsel, says 10th District... Rare reversal of trial court's denial of motion to vacate plea in 9th District; defendant said she wasn't sure of one of the offenses she was pleading to, attorney admitted she was "hurried" into pleading, and trial judge should have considered validity of defendant's claims regarding lawfulness of search... Decision to forego developing self-defense theory until after defendant testified was a strategic choice, not ineffective assistance of counsel, says 12th District...

Civil.  6th District holds that insurance company's repeated requests for documentation regarding fire before it would pay claim created genuine issue of fact as to whether it had denied claim sufficient to avoid contract's one-year statute of limitations for filing suit... Failure of social worker to pass license exam within probation period is not "just cause" for firing her sufficient to deny her unemployment compensation, rules 8th District... 3rd District says that plaintiff's affidavit in opposition to motion for summary judgment was inconsistent with her deposition, thus could not raise genuine dispute of fact; good discussion of issue... Court didn't err in denying motion to amend complaint filed one day before court was scheduled to rule on defendants' motion for summary judgment, 9th District says...

If there's a war, we know who to blame.  In Global World Peace v. City of Mayfield Hts. Planning Comm., the 8th District affirms the city's rejection of the plaintiff's proposal to develop land.  Global had applied for approval of a "conference and wellness center," which would include a "corporate development program offered by the Maharishi University of Management."  The sticking point appeared to be the "wellness spas" located on the second flor, where "therapies would be provided by licensed massotherapists."

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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