Welcome to The Briefcase

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

×

Holiday Rush

Well, I should have seen that coming.

The Supreme Court has two new justices joining the bench in January, replacing Lanzinger and Pfeifer, who were aged out. That means all the cases that the court had yet to rule upon had to be decided by the end of this year, or oral argument would have to be re-held.

That wasn't going to happen, so last week the court handed down a half-dozen decisions in criminal cases, all wins for the defendants.  Lest you think that this heralds the transformation of the Ohio Supreme Court into the second coming of the Warren Court, put away the party hats:  four of them were four to three decisions, with Lanzinger and Pfeifer in the majority.

And, of course, the 8th District, my home base, has gone into warp mode, issuing almost three dozen decisions, just in criminal cases, in the past two weeks.

On the plus side, my work load has receded to non-Herculean proportions (cleaning out the Aegean stables would have been an apt metaphor), so I'll have time to get back to the four-day-a-week posting schedule, which has been honored mainly in the breach these past few months.

In fact, despite the holiday, next week we'll do five posts.  (I can only imagine your boundless excitement at the prospect of nursing your New Year's Eve hangover as you revel in my keen wit and incisive prose.)  On Monday, we'll do a Case Update, dealing with three of the less consequential Supreme Court decisions, while also checking out if anything's happened down in DC (a good bet) and in the courts of appeals (ditto).  On Tuesday, we'll catch up with the 8th.  

Wednesday we'll discuss State v. Walker, the court's decision on what the State needs to prove to establish prior calculation and design in an aggravated murder case.  We'll take a look at the two decisions on juveniles, State v. Aalim and State v. Moore, and discuss whether they, and State v. Thomas, a decision this past summer, can be applied retroactively.  Friday we'll do a roundup of events from the World of Law.

The following week, I'll key you in on a sure-fire method of winning drug cases, and announce a cure for psoriasis.

Party on.

Search

Recent Entries

  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it
  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives