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Case Update

Well, SCOTUS's term has ended, and the Ohio Supreme Court didn't favor us with any decisions over the past week, so we'll just go to the court of appeals cases.  In a minute; first, though, an important announcement.  No Briefcase on Friday, since I will be celebrating my birthday.  Just like the 37 that preceded it, it should be a gala affair, as this artist's rendition of last year's demonstrates.  You'll want to check Saturday's police blotter for the casualty list. 

I'll have the 8th District roundup tomorrow, a look at some of the potential problems with the new criminal discovery rules on Wednesday, and a recap of the important decisions from the 2009 Supreme Court term on Thursday. 

By the way, there are a number of statements in the above paragraph that are actually true.

In the courts of appeals, where there's not much going on either...

Criminal.  1st District says that victim's statement immediately after he'd been shot four times identifying defendant as shooter was dying declaration and excited utterance, not testimonial; thorough discussion of issue... 8th District rejects claim that failure to abide by Article 36 of the Vienna Convention, which requires a foreign national to be advised of his right to seek advice from his consulate if he is arrested, requires suppression of any statements; every other Ohio court to consider this issue has ruled the same way... Two aggravated burglary convictions should have merged, says 2nd District; despite fact that there were two victims in residence, and multiple thefts occurred, there was only one animus for the trespass... 8th District rules that trial court erred in not advising defendant at sentencing hearing what would be penalty for violation of community control sanctions; inclusion of that in journal entry is not sufficient...

Civil.  10th District holds that statute of limitations for actions against state for employment discrimination is two years as per sovereign immunity statute, not six years as per discrimination statute... Landlord not liable to plaintiff for injuries due to bite by tenant's dog when landlord is not in possession of the premises, says 5th District...

What's in a name.  In City of Toledo v. Gaston, the 6th District upholds a bond forfeiture order against the You Walk Bail Bond Agency, Inc.  As you might have gathered, the defendant took the bonding company's name a little too literally, and never showed up for trial.

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