Case Update
The only news from DC is good news -- the latest update on Justice Ginsberg's cancer surgery, which found no metastasis. Not a whole lot going on downstate, either. If you're thinking of becoming a lawyer, go light on the gas pedal: the Supreme Court disapproves a bar applicant because of, among other things, sixteen speeding tickets, four of them incurred after he'd filed his registration application. Then again, those "other things" included convictions for assault, disorderly conduct, and underage consumption of alcohol. On the bright side, if he passes the bar exam in 2010, he'll be able to set up a boutique practice in traffic law.
Other than that, and a few mundane disciplinary cases, the only decision of note was In re Burt, which involved a juvenile who'd been adjudicated of being delinquent, with the trial court ordering her to be good at school and home. She wasn't, so another delinquency case was filed against her, this time for violating the previous court order. She claimed that it should have been treated as a probation violation of the first case, but the court says no, it can be handled as a new delinquency complaint, too.
In the courts of appeals...
Civil. 10th District says that RC 2305.15, which tolls limitations for period defendant conceals himself or is out of state, doesn't apply to extend refiling under savings statute or time to get service under CivR 3(A)... 8th District affirms summary judgment for employers in two intentional tort cases, one involving co-employee's aggressive driving, and another involving assault by nursing home resident on health care aide... Trial court erred in failing to hold an evidentiary hearing before denying builder's motion for stay pending arbitration, says 9th District... 5th District reiterates that journal entry stating merely "defendant has been convicted" not final, appealable order; must state manner of conviction (plea, jury finding, etc.)...
Criminal. 10th District reiterates that Colon is applied prospectively, can't be used for defendants whose cases had become final prior to its announcement... 8th District says that defendant's motion to withdraw plea was res judicata by virtue of a previous motion for delayed appeal, which the court had denied... 9th District says that defendant's motion to correct his sentence, filed 8 years later, has to be treated as petition for post-conviction relief, is untimely; whatever happened to sentence being "void"?... 12th District affirms perjury conviction based on giving false information to obtain civil protection order... 3rd District says trial court erred in finding defendant established need for disclosure of grand jury transcripts, says potentially inconsistent testimony and lack of evidence not sufficient reasons... 5th District kicks out about five cases, including this one, for lack of final appealable order: judgment entry can't simply say "defendant has been convicted," must give manner of conviction (guilty plea, finding by jury, etc.)
Bullshit traffic stop of the week. The 12th District, in State v. Dixon, affirms the denial of a motion to suppress where the officer had initiated a traffic stop because the defendant had failed to put on her turn signal before turning into her driveway.
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