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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 »

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MIA

Like Mark Twain, rumors of my demise have been greatly exaggerated. Midnight Oil.png 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 practicing law as long as I have is that you know what you're capable of.  Twenty years ago, the prospect of knowing that I had a brief due on Monday would provoke sleepless nights on Saturday and Sunday, especially since I hadn't even started writing it.  And "due" means "due."  I'd already taken the two extensions, the journal entry granting the latter advising that no further extensions would be considered.

Harsh words indeed, so first thing on Monday I got to work, and by 9:30 that night I had completed it:  sixteen pages of insightful legal analysis, in my usual stellar prose.  A bit provocative, too.  I've been using subheadings in my briefs, which wind up in the table of contents, providing the reader with a summary of my arguments.  Usually, the subheadings are somewhat descriptive:  "The police had no reasonable suspicion that Mr. Jones was engaged in any criminal activity at the time of the stop," and that sort of thing.  Not so much this time:  the headings were "The usual suspects," "Garbage In, Garbage Out," and "Being there."  

We'll see how that works.  Or doesn't.

Anyway, have two more briefs to do this week, one of the "no further extensions" variety, and the other which isn't, but for various reasons needs to be filed by Friday anyway.  So I'll have the weekend to write up stuff for the blog, like the case update and what's up in the 8th, and some new stuff on what the legislature is considering in the way of changes to the sentencing law.  Spoiler alert:  Be afraid.  Be very afraid.

See you then.

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Recent Entries

  • September 12, 2017
    What's Up in the 8th
    Prior consistent statements, whether State v. Hand is applied retroactively, and a big Coming Attraction
  • September 11, 2017
    Case Update
    Looking back at Melendez-Diaz, and the 8th goes 0 for 2 in the Supreme Court
  • September 8, 2017
    Friday Roundup
    Pro bono work, screwed-up appeals, and is Subway shorting their customers?
  • September 5, 2017
    What's Up in the 8th
    The barriers to expungement, jury verdict forms, and hybrid representation
  • August 31, 2017
    Constructive possession
    Constructive possession is 9/10ths of the law
  • August 29, 2017
    What's Up in the 8th
    A traffic stop found Samson Primm in possession of a few grams of marijuana, but he hires a lawyer and files a motion to suppress the stop. On the day of trial, the City asks to dismiss the case. Primm...
  • August 28, 2017
    Truth in plea bargaining
    So I got a brochure last week from Judge Donnelly over at the Common Pleas court. As you can see, it's a panel discussion on plea bargaining. The judge asked me to get out the word, so I just sort...
  • August 15, 2017
    Summer Break
    Got a bunch of stuff to do over the next couple weeks, and with the slowdown in the courts, it's a good time to take a break. I'll be back here on August 28. See you then....
  • August 11, 2017
    Friday Musings
    Drug trafficking, ADA lawsuit abuse, and e-filing
  • August 10, 2017
    Case Update
    Waiting on SCOTUS; two Ohio Supreme Court decisions