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	<title>The Briefcase</title>
	<link>http://briefcase8.com</link>
	<description>Case analysis with an attitude</description>
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		<title>The 8th, the 5th, and the 6th</title>
		<description><![CDATA[I&#8217;ve lavished praise on the 8th District for its place as the most defendant-friendly 4th Amendment court in the state, if not the country.  A couple of decisions last week show that the court seems to be adopting a broad interpretation of the rights provided by the 5th and 6th Amendments as well. Daniel Arguelles [...]]]></description>
		<link>http://briefcase8.com/2012/02/08/the-8th-the-5th-and-the-6th/</link>
			</item>
	<item>
		<title>What&#8217;s Up in the 8th</title>
		<description><![CDATA[The 8th District&#8217;s opinion in State v. Masci begins by telling us that &#8220;on November 16, 2010, the victim met with his former girlfriend at the home of a mutual acquaintance for a night of drinking and partying.&#8221;  The opinion warns us that &#8220;trial testimony of the circumstances leading up to the incident is both [...]]]></description>
		<link>http://briefcase8.com/2012/02/07/whats-up-in-the-8th-143/</link>
			</item>
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		<title>Case Update</title>
		<description><![CDATA[The Supreme Court&#8217;s in winter recess, but that didn&#8217;t stop the decision-making process; shown here is Justice Sonia Sotoyamor&#8217;s appearance two weeks ago on &#8220;Sesame Street,&#8221; in which she was called upon to adjudicate the case of Baby Bear v. Goldilocks.  (No, I&#8217;m not making this up.)  Sotomayor rejected Baby Bear&#8217;s claim to damages for [...]]]></description>
		<link>http://briefcase8.com/2012/02/06/case-update-207/</link>
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		<title>Good days, bad days</title>
		<description><![CDATA[I had a good morning on Wednesday, which turned into a bad morning, but was better than the bad two weeks before that, although there were some good days in those two weeks, too. Wednesday&#8217;s morning started with a visit with my client Stan.  I got assigned his case two days before:  felonious assault, with [...]]]></description>
		<link>http://briefcase8.com/2012/02/03/good-days-bad-days/</link>
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		<title>Can I get a [expert] witness?</title>
		<description><![CDATA[There are two basic approaches to writing an appellate brief.  One is to winnow down the issues to those you believe have some reasonable chance of success.  The other is throw every possible allegation in there, hoping that one will stick.  I&#8217;ve always been an advocate of the first approach, and I&#8217;ve gotten feedback from [...]]]></description>
		<link>http://briefcase8.com/2012/02/02/can-i-get-a-expert-witness/</link>
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		<title>A new rule of law?  Not quite</title>
		<description><![CDATA[The Ohio Supreme Court&#8217;s decision two weeks ago in State v. Gould could&#8217;ve been so much more.  As I explained when I blogged about the oral argument in the case, Gould represented the prosecutors&#8217; Big New Idea about search and seizure law.  Their argument was that the U.S. Supreme Court&#8217;s decision in Herring v. US [...]]]></description>
		<link>http://briefcase8.com/2012/02/01/a-new-rule-of-law-not-quite/</link>
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		<title>What&#8217;s Up in the 8th</title>
		<description><![CDATA[Ah, the wonders of television.  Featured at right is the star of the reality show, Dog the Bounty Hunter, and his lovely bride exchanging their wedding vows, an event which took place the day following his daughter&#8217;s death in a car accident.  If a picture&#8217;s worth a thousand words, 800 of them in this one are &#8220;white trash.&#8221;  [...]]]></description>
		<link>http://briefcase8.com/2012/01/31/whats-up-in-the-8th-142/</link>
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		<title>Case Update</title>
		<description><![CDATA[Double your pleasure, double your fun:  you get two updates this week.  The one for last week was inadvertently left off, and I posted it on Saturday; it&#8217;s right below this one.  So you&#8217;re going to be really well-informed about the latest legal developments. Of which there were few.  The big one, of course, was [...]]]></description>
		<link>http://briefcase8.com/2012/01/30/case-update-206/</link>
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		<title>Case Update</title>
		<description><![CDATA[This was supposed to get posted on Monday.  So you get two Case Updates in a row; on Monday you&#8217;ll have another one. I&#8217;ve harped about the penurious compensation for counsel appointed to represent indigent defendants here in Cuyahoga County, but we&#8217;re living in the lap of luxury compared to our counterparts in Alabama.  That [...]]]></description>
		<link>http://briefcase8.com/2012/01/28/case-update-205/</link>
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		<title>Back to the Future</title>
		<description><![CDATA[At common law, any trespass against a chattel (personal property) constituted a tort, but under modern law, one has to show actual damage as well.  I&#8217;m guessing that you&#8217;ve gone your entire legal career without having to know that, but it&#8217;s essential to understanding the Supreme Court&#8217;s decision in US v. Jones, holding that the [...]]]></description>
		<link>http://briefcase8.com/2012/01/26/back-to-the-future/</link>
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