Hamilton County Law Library

Ohio Death Penalty Update -- January 2012

2012-01-24T11:14:00.002-05:00

This is going to take some doing, but since Ohio’s death penalty is gotten back in the news following District Court Judge Gregory Frost’s postponement of the execution of Charles Lorraine two weeks ago, saying the Ohio Department of Corrections failed to follow some of its own guidelines in the state's newest version of its execution rules, there’s been a whole lot going on. We’re going to try

You and the Legal System: Divorce Law Basics

2012-01-23T13:51:00.000-05:00

Hamilton County Law Library Announces Program on Divorce Law As a public service, the Hamilton County Law Library, in conjunction with the Cincinnati Bar Association's Lawyer Referral Service, will present: You and the Legal System: Divorce Law Basics Friday, February 17, 2012 12:00 noon Hamilton County Law Library 1000 Main St., 6th floor, Cincinnati Speaker: Susan Ahlrichs, Ahlrichs &

Ohio Supreme Court Child Porn Case- Abandoned Hard Drive Case

2012-01-20T09:31:00.003-05:00

In a case in which a computer hard drive was initially left with a defendant’s mother, and then effectively abandoned, later found to contain child pornography for which the defendant was then indicted, the Ohio Supreme Court last Tuesday referenced a line of federal court cases dating back to the U.S. Supreme Court’s 1979 decision in Smith v. Maryland, and including United States v. Hershenow (

Ohio Commercial Docket Courts

2012-01-19T10:11:00.002-05:00

In April 2007, the late Chief Justice of the Ohio Supreme Court Thomas J. Moyer announced the formation of the Supreme Court Task Force on Commercial Dockets, charging it with developing a pilot project to determine the best means of adopting commercial dockets in the state's courts of common pleas.The Task Force’s final report was issued last Tuesday with findings that the benefits of the

Ohio death penalty update

2012-01-18T13:15:00.002-05:00

Ohio’s death penalty is back in the forefront of the news again following District Court Judge Gregory Frost’s postponement of the execution of Charles Lorraine last week, saying the Ohio Department of Corrections failed to follow some of its own guidelines in the state's newest version of its execution rules. But there’s a lot more than that going on .Judge Frost was quoted in the Columbus

Fraudulent Use of Defunct Police-support Group

2012-01-13T12:47:00.001-05:00

An article posted on Cincinnati.com this morning relays Warren County Sheriff Larry Sims’ concern & warning to residents in the area about letters being circulated seeking contributions to “The United States Deputy Sheriff’s Association,” --- Be forewarned: The group no longer exists."The letter requests donations to support under funded sheriff’s offices throughout the country,” the article says

Southern District Court again postpones Ohio execution

2012-01-12T12:40:00.001-05:00

As an Ohio Supreme Court’s task force continues its examination of that state’s capital punishment protocol, U.S. District Court Judge Gregory Frost yesterday postponed the execution of Charles Lorraine, who stabbed an elderly couple to death back in 1986, finding that the Ohio Department of Corrections failed to follow some of its own guidelines in the state's newest version of its execution

Ohio Supreme Court Traffic Rule Amendment

2012-01-11T15:01:00.001-05:00

The Ohio Supreme Court announced this afternoon that it has adopted an amendment to the state’s Traffic Rules that clarifies the authority of traffic violations bureaus.An addition to Rule 13(B)(4) states that driving while under suspension or revocation of a driver’s or commercial driver’s license cannot be processed by a traffic violations bureau “when jail is a possible penalty.”Text of the

Supreme Court's police dog "sniff" case

2012-01-10T10:11:00.001-05:00

“Does a police dog’s "sniff" outside a house give officers the right to get a search warrant for illegal drugs, or is the ‘sniff’ itself an unconstitutional search? So goes the underlying question in Florida v. Jardines, the case the Supreme Court decided to hear last Friday.Jardines, as an Associated Press article last Wednesday referred to it as, is “the latest in a long line of disputes about

Federal Jurisdiction & Venue Clarification Act

2012-01-09T11:40:00.002-05:00

In a pair of noteworthy articles last Friday, the University of Pittsburgh Law School’s Jurist Paper Chase comments that “around this time of year, many newspapers publish articles listing the laws that take effect on January 1, but that it's unlikely that any of them took note of a new federal law taking effect on January 6, 2012.“For litigators in state as well as federal courts, though, it is

New Ohio Commission on Dispute Resolution

2012-01-06T13:11:00.002-05:00

The Ohio Supreme Court yesterday announced that it was creating a new Commission on Dispute Resolution, which essentially reconstitutes its Advisory Committee on Dispute Resolution, now elevating it to the status of a full-fledged Court commission.The former Ohio Commission on Dispute Resolution and Conflict Management was disbanded last summer with the passage of the state’s HB 153 biennial

FBI's rape definition

2012-01-06T10:54:00.002-05:00

USAToday this morning reports that “the FBI is changing its long-standing definition of rape for the first time in 85 years to include sexual assaults on males following persistent calls from victims advocates who claim that the offense, as currently defined in the agency's annual crime report, has been undercounted for decades.”In actuality, FBI Director Robert Mueller formally approved the

2012-01-03T09:56:00.003-05:00

Reminding Notice to Hamilton County LawyersWith the beginning of the New Year we want to remind attorneys practicing here in Hamilton County that as of Sunday, January 1, 2012, the Hamilton County Court of Common Pleas Assignment Commissioner’s Office will no longer send post-cards to counsel with future court dates via U.S. Mail. All attorneys must register for e-mail notifications to receive

New York Facebook privacy questions

2011-12-29T12:01:00.001-05:00

To go along with our post yesterday about Twitter account ownership, MSN Business this morning’s reporting a New York appeals court’s determining there are limits to how much proof of employee shenanigans a business can legally gather from sites like Facebook.In this instance a New York appeals court determined last October (decision) that there were limits to how much proof of employee

Who owns company Twitter account?

2011-12-28T12:21:00.004-05:00

“Who, exactly, owns your Twitter account?” a CNN.com article this morning asks, stating that “It's a potentially complicated question when an account is used both professionally and personally.Now there’s a California case concerning whether a Twitter account belongs to a company or a former employee that CNN says “may blaze new trails in social media law.”PhoneDog, a website devoted to all

Calls for Public Banking

2011-12-27T14:22:00.001-05:00

Spurred by the recession, bank bailouts and the difficulty consumers are having getting loans, a USAToday.com article this morning says, members of the “Occupy movement” and others are stepping up calls for a public banking option similar to the one that’s been in North Dakota since just after the turn of the century.North Dakota currently has the nation's only state-run bank, enacting its model

Amicus brief supporting FDA warning labels

2011-12-27T12:27:00.001-05:00

University of Pittsburgh’s Jurist Paper Chase last Friday reported Attorney Generals from 24 states & U.S. territories -- Alaska, Arizona, Arkansas, California, Connecticut, the District of Columbia, Hawaii, Idaho, Illinois, Iowa, Maine, Maryland, Mississippi, Montana, New Hampshire, New Mexico, Ohio, Rhode Island, South Dakota, Utah, Vermont, the Virgin Islands, Washington and West Virginia--

Applications for Ohio Southern District indigent defense attorneys

2011-12-27T10:05:00.003-05:00

The Ohio Southern District Court, pursuant to its Criminal Justice Act Plan, has begun soliciting applications from those wishing to serve as appointed counsels for indigent criminal defendants under the 18 U.S.C. §3006A for the Dayton and Cincinnati areas.Applicants must complete the application form found on the Court’s website, by contacting the Clerk of Court by mail to:“Clerk, U.S. District

Ohio Innocence Project wins man's release

2011-12-27T09:51:00.003-05:00

Cincinnati.com articles last week reported on the release of Roger Dean Gillispie, a Dayton-area man who spent two decades in prison for rapes that U.C. “Innocence Project” law students and others believe he did not commit.U.S. District Court Magistrate Judge Michael Merz, on Dec. 15th. found Gillespie’s habeas corpus “meritorious,” ordering his release from custody unless retried & convicted by

Ohio Supreme Court holds trial court can't modify own final judgment

2011-12-27T09:34:00.003-05:00

Ohio’s supreme court on Dec.22, held that, unless authorized by a specific statutory provision, a trial court generally does not have authority to modify its own final judgment that imposes a criminal sentence.The Court summarized that “Jack Carlisle of Cleveland had been convicted by a jury of charges in connection with

Ohio Supreme Court Law Library catalog application

2011-12-22T08:40:00.001-05:00

The Ohio Supreme Court yesterday announced that its law library back on Dec. 6 activated a software application by which the public will now be able to access its catalog with on iPhone and iPad devices.Mobile access can now be acquire by downloading the free mobile app, BookMyne, and then searching “Ohio Supreme Court.”The application currently now only works on iPhones, iPads, and iPods, but

Ohio Supreme Court upholds death sentence for murder of Cincinnati 3-Year-Old

2011-12-20T10:52:00.000-05:00

Ohio's supreme court has upheld the convictions and death sentence of one Lamont Hunter of Cincinnati for the 2006 rape and aggravated murder of his girlfriend's three-year-old son.Hunter was indicted on charges of child endangerment, rape and aggravated murder with the death penalty specifications that 1) he killed the toddler in the course of committing a violent felony (rape), and 2)

Ohio Supreme Court "limited liability" language usage

2011-12-20T10:05:00.003-05:00

The Ohio Supreme Court this morning reported it has adopted amendments to its Government of the Bar of Ohio & Rules of Professional Conduct changing references to “partnership having limited liability” and “registered partnership” to “limited liability partnership,” effective Jan. 1, 2012.Rules affected are Rule III, Sections 1-4, and Rule VI, Section 1, of the Rules for the Government of the

Notices to Hamilton County Lawyers

2011-12-16T09:49:00.002-05:00

As of January 1, 2012, the Hamilton County Court of Common Pleas Assignment Commissioner’s Office will no longer send post-cards to counsel with future court dates via U.S. Mail. All attorneys must register for e-mail notifications to receive future court dates via the form posted on the Court’s website under the “forms” icon or downloaded here.alsoBeginning January 3, 2012, in accordance with

Kentucky indigent defense representation

2011-12-12T14:02:00.001-05:00

The Kentucky Bar Association’s Board of Governors unanimously adopted a resolution at its November 18th meeting endorsing findings and recommendations that call for Gov. Steven L. Beshear and the Kentucky General Assembly to immediately address and improve the system for the representation of indigents in conflict cases. (See “Report of Kentucky Bar Association Task Force on Provision &

Southern District of Indiana civil rule amendments

2011-12-08T12:33:00.002-05:00

Indiana’s Southern District Court is entertaining its period for public comment thru December 15 of all Local Civil Rules of Court which, if adopted, will be effective Jan. 1, 2012.Proposed amendments are available on the court's website hereComments should be sent to:Local Rule CommentsOffice of the Clerk105 U.S. Courthouse46 East Ohio StreetIndianapolis, IN 46204or via email to:LocalRules@

Federal Rule amendments

2011-12-08T11:44:00.001-05:00

The U.S. Judicial Conference has a reminder posted that a number of amendments to the Federal Rules of Appellate, Bankruptcy, Criminal Procedure, and Evidence took effect December 1, 2011.Congress took no action after the changes were approved by Supreme Court more than seven months earlier, allowing those amendments to these rules to now go in effect:• Appellate Rules 4 and 40• Bankruptcy Rules

New Illinois Circuit Court civil jury instructions

2011-12-07T13:52:00.001-05:00

The Illinois Supreme Court's Committee on Jury Instructions in Civil Cases announced four revisions today:105.01 Professional Negligence - Duty3.03 Insurance/Benefits3.08 Opinion Testimony60.01 Violation of Statute, Ordinance or Administrative RegulationNote is made that “while Illinois Supreme Court Rule 239(a) prescribes the use of Illinois Pattern Jury Instructions, an instruction is approved

Supreme Court updates

2011-12-07T12:04:00.001-05:00

Playing “catch-up” again, we’ve come across three cases before the Supreme Court we feel important.The first is Setser v. United States, which was heard on Nov.30th. -- the Court here considering whether a federal judge may impose a sentence and direct that it be served consecutively to, or concurrently with, a term of imprisonment that is expected to be – but has not yet been – imposed in a

Habeas counsel & death row inmates

2011-12-06T12:28:00.001-05:00

The question is asked, "How easy should it be for someone on death row, challenging his state court conviction or sentence in federal court, to get his court-appointed lawyer replaced by another one?"California, supported by twenty-six states, including Ohio & Kentucky, contends that the Court of Appeals for the Ninth Circuit has made it much too easy. As the states frame the case, the question

Supreme Court resolving crack cocaine split between federal courts

2011-12-06T09:50:00.002-05:00

“Selling cocaine in crack form used to subject offenders to the same sentence one would get for selling 100 times as much in powder,” a New York Times article from last week began. “Then the new law -- the Fair Sentencing Act of 2010 -- reduced the disparity to 18 to 1, at least for people who committed their offenses after the law became effective on Aug. 3, 2010…. But what about people who

Ohio looking at employability blocks for ex-convicts

2011-12-02T11:56:00.003-05:00

A Cleveland Plain Dealer article last Monday wrote of a meeting between Ohio Governor John Kasich and prosecutors, judges & lawmakers to begin exploring ways to better deal with some of the roadblocks to employment many non-violent ex-convicts recently released from prison currently face -- an issue that likely won't be too popular with many of his fellow Republican lawmakers who over the past

Ohio cyber fraud legislation

2011-12-01T13:36:00.001-05:00

The Ohio Senate passed its version of a bill aimed at strengthening the state's telecommunications fraud law yesterday. [Bill's analysis]"In 2010, 7,304 Ohioans reported losing more than $10 million through thefts or scams involving electronic communications.," according to an Attorney General's press release yesterday. "Cyber fraud scammers often use e-commerce sites like eBay and Craigslist,

New Ohio Supreme Court writing-citation manual released

2011-11-29T07:48:00.002-05:00

The Ohio Supreme Court has issued a new comprehensive writing/citation manual to be applied in its opinions starting Jan. 1, 2012. The new guide replaces the original "Manual of Citations",issued in 1985, the May 2002 "interim version", and a subsequent later revision.“Divided into three parts,” the Court’s announcement says, “the new manual contains guidance on proper citation format for

Ohio bench - jury trial legislation

2011-11-23T13:57:00.002-05:00

The Cleveland Plain Dealer, last weekend, carried a story about former Summit County prosecutor Lynn Slaby, who is now a state representative, introducing a bill last month by at the urging of the Ohio Prosecuting Attorneys Association that would change Ohio law to give themselves veto power when a criminal defendant chooses to have his case heard by a judge instead of a jury. [See text and

Ohio Supreme Court juvenile sex offender cases

2011-11-23T13:00:00.002-05:00

A Newark Advocate article last week describes the Ohio Supreme Court’s decision to review whether “requiring a 17-year-old boy to register as a sex offender for touching girls' breasts violates the constitutional protection against cruel and unusual punishment.In the case pursuant a 17-year-old boy was found delinquent of sexual imposition and disorderly conduct, both the equivalent of

Ohio Supreme Court -- Attorney General initiatives

2011-11-22T11:38:00.004-05:00

Two major initiatives were announced by the Ohio Supreme Court and Ohio Attorney General last week.The first was Ohio Supreme Court Justice Evelyn Stratton and Attorney General Mike DeWine’s announcing that the Court’s 10-year old Advisory Committee on Mental Illness and the Courts (ACMIC) is being evolved into a new, combined-effort, Task Force on Criminal Justice and Mental Illness, allowing

Title Insurance Challenge May Set Consumer Protection Precedent

2011-11-22T10:34:00.003-05:00

The Cleveland Plain Dealer had an article this past weekend about a lawsuit filed by a 41-year-old teacher's aide against First American Financial Corp., which alleges her $455.53 title insurance purchase in 2006 resulted from an illegal kickback scheme, which has evolved into a far-reaching consumer-rights dispute that the U.S. Supreme Court will be hearing on Nov. 28.In 2006, Denise Edwards’

Ohio Supreme Court sex offender case

2011-11-04T11:19:00.002-05:00

Last July the Ohio Supreme Court in State v. Williams held that "imposing enhanced sex offender registration and community notification requirements included in the 2007 Ohio Adam Walsh Act (AWA) against defendants whose crimes were committed before the effective date of that law violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from enacting

Ohio death penalty review task force charged

2011-11-04T09:33:00.001-05:00

The task force being convened by the Ohio Supreme Court to review the administration of Ohio's death penalty procedures received its charge from Supreme Court Chief Justice Maureen O'Connor yesterday morning. (Court's Announcement)Chief Justice O'Connor reiterated during her opening remarks that "It should be made perfectly clear from the outset that this task force is not being asked to make a

Ohio HB 86 (aside)

2011-11-02T10:15:00.002-05:00

Delaware County's law library brought an almost 110-year old case to our attention yesterday morning with respect to questions being raised with respect to Ohio HB 86 issues.In re Kline, 70 Ohio St. 25 (1904) Where a statute defining a crime and prescribing the punishment is repealed before the final judgment in a prosecution there under, such repeal forecloses all further proceedings, unless a

Ohio Sentencing HB 86 Questions & Review

2011-10-28T12:10:00.002-05:00

At once being described as landmark legislation being the first substantive revision & updating of Ohio sentencing law in 15 years, recently enacted HB 86 has also generated its share of concern, apprehension, and confusion as well – So much so that the General Assembly and Ohio Criminal Sentencing Commission are being reported as being in the process of weighing those changes even as the

Ohio Supreme Court advisory opinions

2011-10-19T12:14:00.002-05:00

The Ohio Supreme Court's Board of Commissioners on Grievances & Discipline this past October 7th. for the first time addressed Professional Conduct Rule 5.5 (Unauthorized practice of law; multijurisdictional practice of law), which took effect back in 2007, deciding that "out-of-state debt settlement lawyers are not authorized to provide legal services on a temporary basis to Ohio clients."

Ohio Supreme Court Traffic Rule amendment

2011-10-17T11:27:00.001-05:00

The Ohio Supreme Court is also accepting public comment on a proposed amendment to Ohio Traffic Rules that clarifies the authority of traffic violations bureaus.The proposed addition to Rule 13(B)(4) states that driving while under suspension or revocation of a driver’s or commercial driver’s license cannot be processed by a traffic violations bureau "when jail is a possible penalty."Text of

Ohio Supreme Court seeking comments on Rule of Practice & Procedure amendments

2011-10-17T10:49:00.001-05:00

The Ohio Supreme Court will accept public comment until Nov. 22 on amendments to annual updates to the Rules of Practice and Procedure recommended by the Supreme Court Commission on the Rules of Practice and Procedure.The Court's announcement last Friday says that the proposed amendments concern changes to the state’s rules of appellate procedure, civil procedure, criminal procedure, juvenile

Gallup Poll has 35% opposing death penalty

2011-10-13T11:53:00.001-05:00

A new Gallup poll released this morning indicates that more than one-third of Americans now oppose the death penalty — the highest level in nearly 40 years.USAToday reports that the poll found that 35% of those polled oppose the death penalty — the highest opposition since March 1972 --- "moreover, those who believe the death penalty is being applied fairly, and those who say it isn't used often

Third Circuit "crack sentencing" conflict cases

2011-10-12T13:43:00.001-05:00

Law.com’s Daily Report yesterday morning carries word of “the full 11th U.S. Circuit Court of Appeals last week deciding to take up a question about the scope of a 2010 federal statute designed to reduce the disparity between crack and powder cocaine sentences. The court's decision to use its power of en banc review—usually doled out sparingly—is remarkable because the government has signed on to

Akron, Ohio's Domestic Violence Court

2011-10-10T11:40:00.001-05:00

The first court in the state of Ohio devoted exclusively to handling felonies stemming from domestic violence issues opened in Akron last Monday with its first 15 cases. Summit County Common Pleas Court Judge Paul Gallagher, who’ll preside over the new court, told the Akron Legal News he expects to handle at least 350 cases a year."The goal of this court is to hold offenders accountable, increase

Ohio Supreme Court seeking public comment on "limited liability" language

2011-10-07T11:53:00.002-05:00

The Ohio Supreme Court is accepting public comment on proposed amendments designed to conform the Court’s Rules for the Government of the Bar of Ohio and the Ohio Rules of Professional Conduct to the language now updated in the Ohio Revised Code and statutory references to the Ohio Uniform Partnership Act. (Announcement)From the amendment’s background:Gov. Bar Rule III authorizes lawyers to

Burglars' tipoff leads to California child porn arrest

2011-10-07T09:09:00.002-05:00

CNN this morning carries a report about a central California man’s being arrested for possession of child pornography, thanks to a tip from burglars who robbed the man's property in the first place, authorities said.Two juveniles broke into the man’s barn and stole approximately 50 CDs they believed were blank, according to the article. Some weren’t, but rather contained pornographic images of

Ohio Supreme Court domestic violence case

2011-10-06T12:21:00.002-05:00

The Columbus Dispatch yesterday had an article about the Ohio Supreme Court's hearing oral arguments Tuesday morning about a case that could affect some domestic-violence prosecutions across the state.In an altogether common problem alleged victims of domestic violence eventually recant what they told police and decide not to testify against their husbands or boyfriends. The Cuyahoga County

Ohio Supreme Court's review of denial of new trial based on new evidence

2011-10-06T09:10:00.003-05:00

The Ohio Supreme Court on Tuesday held that "in a case where a death penalty has been imposed, the state's intermediate courts of appeals have jurisdiction to review a ruling by the trial court denying the defendant's motion for a new trial based on newly discovered evidence, and also that a trial court has jurisdiction to decide a defendant's motion for a new trial based on newly discovered

New FBI definition of rape

2011-10-03T13:44:00.001-05:00

The Los Angeles Times over the past weekend reported that “the FBI was moving to change the federal definition of rape for the first time in 80 years, which authorities and women's advocacy groups hope will lead to improved tracking of such crimes and an attitude shift among investigators.”The New York Times first reported on Thursday the potential for change after police chiefs, sex crime

Health Care Reform case submitted to Supreme Court

2011-10-03T11:22:00.001-05:00

Ohio, The U.S. Justice Department, and 25 other states, filed petitions last Wednesday seeking the Supreme Court review of last year's controversial federal health care reform law, the Cleveland Plain Dealer reports.“This case offers the Court an ideal vehicle to resolve pressing and persistent constitutional questions arising out of the Patient Protection and Affordable Care Act,” the request

Cincinnati excessive force case

2011-09-30T10:38:00.002-05:00

A dispute over the death of a man in police custody eight years ago moved a step closer to getting to trial last Wednesday , with Southern Ohio District Court Judge Susan Dlott's issuing an order that clears the way in a case determining whether Cincinnati Police used excessive force in an altercation back in 2003 in which police were accused of failing to take proper measures that might have

Ohio Supreme Court Rule of Practice changes

2011-09-30T08:05:00.001-05:00

The Ohio Supreme Court’s reminding attorneys practicing in the Supreme Court of Ohio to take note of a few changes to the Rules of Practice taking effect tomorrow. ( Announcement )

Ohio death penalty update

2011-09-29T12:45:00.001-05:00

USAToday this morning noted Ohio inmates once again asking Southern District Judge Gregory Frost find the state's rules for carrying out executions unconstitutional.-Attorneys for the death row prisoners say the Department of Rehabilitation and Correction continues to use an arbitrary process with undertrained executioners that still gives the state too much discretion toabandon its rules at the

New Ohio child support statutes

2011-09-26T11:12:00.017-05:00

USAToday this morning is carrying an article about the “changes to Ohio's child support laws that mean that parents who pay at least half of their court-ordered support will no longer face suspension of their driver's or professional licenses,” noting a more expansive Columbus Dispatch article yesterday.Those changes go into effect Wednesday.The changes in particular being referred to were tacked

New Penalty Charts for Portions of Ohio Traffic Law

2011-09-26T09:28:00.004-05:00

Judge Jennifer P. Weiler of Garfield Heights Municipal Court posted penalty charts, now in effect for Ohio OVI/Physical Control Misdemeanor Offense Penalties and Ohio Driver's License Offense Penalties. See http://www.ghmc.org/charts.asp for more information.(Legislative Summary of HB 5)

Caylee's laws

2011-09-23T13:54:00.009-05:00

An article on USAToday.com this mornings mentioning the maybe dozen states which have some version of Florida's “Caylee's Law” introduced since Casey Anthony's acquittal in the death of her daughter last July, among them HB 299 and SB 203 in Ohio, and HB 27, HB 29, and SB 12 in Kentucky.USAToday reported a survey it had done showed legislators in at least 25 states have introduced or pledged to

Eyewitness Testimony

2011-09-23T13:44:00.006-05:00

A CNN.com article Wednesday reported that “each year, 75,000 witnesses identify criminal suspects. Yet, as the New Jersey Supreme Court has acknowledged in its recent landmark, State vs. Henderson decision last month, there is ‘a troubling lack of reliability in eyewitness identifications.’”This again having surfaced via the execution of Troy Davis that evening.The CNN article went on to say that

New Ohio juvenile laws

2011-09-12T10:47:00.005-05:00

Ohio’s recently-passed House Bill 86, signed by Gov. Kasich last June and going into effect end of this month, touched on elements of the state’s sentencing laws, penalties for drug offenses, prison, parole, and halfway house issues.It also contains a number of juvenile justice provisions including:· Competency of an alleged delinquent child and procedures for minors found incompetent under that

You and The Legal System: Personal Injury

2011-09-12T09:04:00.003-05:00

Brett Goodson of Goodson & Co., Ltd., a Cincinnati trial lawyer whose practice focuses on personal injury, is the next speaker in our You and the Legal System series for the public. He will speak about personal injury this Friday, September 16, 2011 at 12:00 noon at the Law Library. The program is free to the public. To register, call 513.946.5300.Mr. Goodson will address these points:• What is a

Ohio announces death penalty taskforce

2011-09-09T13:11:00.003-05:00

Ohio Supreme Court Chief Justice Maureen O'Connor yesterday announced the formation of a new joint task force to review the state's death penalty law and determine if changes should be made, but with an important caveat: It won't debate whether Ohio should have capital punishment.“A 2005 review of 20 years of capital punishment data by The Associated Press concluded that death sentences varied

ABA client confidentiality ethics opinion

2011-09-08T10:13:00.001-05:00

The ABA issued a new formal ethics opinion last month with respect to protecting clients’ confidentiality when using work computers or e-mail accounts.Formal Opinion 11-459, from the ABA Standing Committee on Ethics and Professional Responsibility, issued last month, in part says “In the context of representing an employee, this obligation arises, at the very least, when the lawyer knows or

ABA seeking judicial recusal standard

2011-09-08T09:29:00.001-05:00

An article from the Birmingham News this morning says “The American Bar Association, in a newly adopted policy, is urging states to set rules for judges to step down from cases involving campaign contributors, a sign of growing national anxiety over the influence of political money in the judicial system.Thirty-nine states elect their judges, the article said, and the ABA said 20 percent of them

Ohio prison law library access

2011-09-07T13:59:00.001-05:00

The Mansfield News Journal carried a story yesterday morning about a Richland Correctional Institute inmate’s suing the state prison system, claiming his civil rights were violated when bound legal books were replaced with computers.Richland County inmate Dwayne Harris, convicted of rape, kidnapping, felonious assault, and aggravated assault in 1989, saying he no longer had access to law books,

Ohio death penalty update

2011-09-07T11:45:00.001-05:00

A Cleveland Plain Dealer article yesterday relates that Ohio Gov. John Kasich last Friday delayed the execution of Billy Slagle by nearly two years, until Aug. 7, 2013, as the state “continues efforts to tighten up its capital punishment procedures.”Last July, U.S. District Judge Gregory Frost issued an injunction stopping the execution of Kenneth Smith, there criticizing the state's execution

Proposed Ohio Supreme Court Probate Forms

2011-09-02T13:55:00.002-05:00

The Ohio Supreme Court has announced it will be accepting public comment until Oct. 4 on seven new standard probate court forms. Amendments cover Standard Probate Forms 24.0 through 24.6: •Standard Probate Form 24.0 – Representation of Insolvency•Standard Probate Form 24.1 – Judgment Entry Setting Hearing and Ordering Notice •Standard Probate Form 24.2 – Notice of Hearing on Representation of

Felony murder review

2011-09-02T10:56:00.001-05:00

The Athens News last Wednesday had an article about “a highly publicized criminal case from Athens County that may be used to test the way Ohio courts sentence criminals who commit felonies during which someone gets killed. “The Athens County Prosecutor's Office has asked the Ohio Supreme Court to review an appellate court's ruling in a case stemming from a 2009 shootout in New Marshfield. A

Ohio prison privatization suit

2011-09-01T11:03:00.002-05:00

A Franklin County, Ohio Common Pleas Court Judge has denied a request from the liberal policy group ProgressOhio to block Ohio from selling its prisons, but he has agreed to hear arguments on the constitutionality of the law that permits the sales. The suit had alleged both along with wanting workers at privatized prisons to be designated as public employees. USAToday headlines say the ruling

Ohio upholds death penalty in mental impairment case

2011-09-01T10:17:00.002-05:00

The Ohio Supreme Court unanimously upheld the death penalty for Edward L. Lang yesterday -- convicted in 2007 of killing two people in Canton -- the Canton Repository reported yesterday, but with the ruling came a call by three justices for state legislators to examine whether Ohio should continue to execute those who are mentally ill. The majority opinion in pertinent part on the mentally ill

Centralizing Ohio income taxes

2011-08-31T13:07:00.002-05:00

Cincinnati.com this morning’s reporting that “Ohio cities and towns are resisting something being studied by the Kasich administration, to have the state collect local taxes,” and, as its Columbus Dispatch counterpart puts it, “Opposition is growing to the proposal before it’s even seen the light of day.” “Centralizing municipal income-tax collections is an idea Gov. John Kasich has kicked

Hamilton County, Ohio e-filings

2011-08-31T08:18:00.001-05:00

The Court of Common Pleas and Clerk of Courts Office of Hamilton County, Ohio are announcing their going to be requiring all civil suits—more than 11,000 last year -- to be filed electronically beginning in January 2012. Eventually, criminal cases will be filed that way too. (See posted article ) Hamilton County’s domestic relations, juvenile, probate, and municipal courts are not involved in the

Taser news

2011-08-30T10:13:00.001-05:00

Colerain Township Police Chief Dan Meloy said he began to look at alternatives to standard issue tasers when he had the opportunity to be one of an elite group of departments piloting a new alternative, he jumped on it. Colerain Township has been training with a new – and some say safer – alternative to Tasers-- a select pilot project of a new non-lethal weapon, the Mark 63 Trident. Manufactured

Supreme Court Adopts Insurance Coverage Law as New Specialization Area

2011-08-29T12:02:00.000-05:00

Effective October 1, 2011, the Supreme Court adopted Insurance Coverage Law as a field of law subject to specialization designation in Ohio pursuant to recommendation of the Commission on Certification of Attorneys as Specialists. The Court’s Commission on Certification of Attorneys as Specialists (CCAS), last June 24, approved insurance coverage law as a specialty area in Ohio and adopted the

New Jersey Supreme Court eyewitness ruling

2011-08-29T10:55:00.002-05:00

A Cleveland Plain Dealer article over the weekend noted the New Jersey Supreme Court’s decision last week issuing new rules that allow criminal defendants to more easily contest an eyewitness' identification could encourage similar challenges in state courts nationwide. The New Jersey’s Court’s decision, according to a New Jersey Law Journal article last Wednesday, changed the rules for trial

Ohio HB 86 sentencing guidelines

2011-08-25T09:53:00.001-05:00

A story in the Warren, Ohio Tribune Chronicle Tuesday is relating that many judges around the state are “taking a wait & see approach” to new sentencing guidelines effected by recently-passed Ohio House Bill 86, under which they would be under orders “to contact the Ohio's Department of Rehabilitation and Correction if they choose to sentence certain fourth- and fifth-degree felons.

Death Penalty in Ohio

2011-08-24T11:51:00.001-05:00

As the whole death penalty thing continues with its perhaps last dying breathes across the country, Ohio remains at at least one fulcrum. It is one of the 34 states that still has the death penalty on its books and pending executions. This past week the Ohio Dept. of Corrections submitted a revised lethal-injection procedure to the Southern Ohio District Court in response to Judge Gregory Frost

Ohio Human Trafficking Commission

2011-08-23T09:23:00.001-05:00

Vowing to go after the “scum that are preying on very vulnerable people,” Ohio Attorney General Mike DeWine relaunched a statewide commission working to combat human trafficking in Ohio last week. The state’s renamed “Human Trafficking Commission” had its first meeting last Monday, picking up where predecessor Richard Cordray left off last year. The former Trafficking in Persons Study Commission

Ohio "specialized docket"standards

2011-08-19T12:00:00.002-05:00

The Ohio Supreme Court has adopted a new Rule of Superintendence that allows local courts receive Supreme Court certification of specialized dockets, and includes a set of 12 standards intended to create a minimum level of uniform practices while still allowing courts tailor specific operations to meet their local needs. (See announcement ) The standards spell out the procedure for certification,

New Ohio Probate Forms

2011-08-19T07:33:00.001-05:00

The Ohio Supreme Court has adopted new and revised standard probate court forms covering wrongful death and survival claims settlements (Form 14.2), petitioner’s accounts (Form 18.9), and personal identifiers (Form 45(D)) Amendments become effective September 1,2011 Announcement Text of Forms

New Ohio Rules of Practice

2011-08-18T10:57:00.001-05:00

The Ohio Supreme Court yesterday announced that it had adopted amendments to Rules 1.2, 2.2, 8.5 and 18.3 of its Rules of Practice, becoming effective October 1, 2011. “Changes to Rule 8.5 will have the broadest impact by requiring copies of jurisdictional memoranda and merit briefs to be single-sided,” the Court’s announcement said. “The current rule states that only the original memorandum or

DNA Collections on Felony Arrests

2011-08-09T11:21:00.001-05:00

A question perhaps increasingly presented to the state and federal courts of the nation, to paraphrase California First District Court of Appeals Judge Anthony Kline, is the extent to which technology can be permitted to diminish the privacy guaranteed by the Fourth Amendment. That court last week decided that that state's law mandating DNA samples be taken from felony arrestees is

Ohio sex offender registry clarification asked

2011-07-27T12:03:00.001-05:00

Attorney General Mike DeWine and Warren County Prosecutor David Fornshell are asking the Ohio Supreme Court to clarify its decision in State v. Williams last week that struck down parts of the state's sex-offender law that had been applied retroactively to crimes committed before the law took effect in 2008.In a motion to “reconsider and/or clarify” the state’s officials say "It’s genuinely

3rd. Circuit OKs DNA Collection on Arrest

2011-07-26T10:58:00.004-05:00

Referring to DNA profiling samples are "fingerprints for the 21st century," a sharply divided 3rd Circuit Court of Appeals ruled that the government has the right to routinely collect DNA samples from anyone who is arrested for inclusion in a national database., yesterday.The case had been a challenge to the constitutionality of federal statute enacted as part of the DNA Analysis Backlog

Ohio court interpreter rule

2011-07-19T10:49:00.001-05:00

The Ohio Supreme Court announced adoption, yesterday, of a new rule that "would require courts to hire a certified foreign language or sign language interpreter, when available, to ensure the 'meaningful participation' of deaf and limited English proficient individuals in court proceedings." The rule takes effect on Jan. 1, 2013.The late, former Chief Justice Thomas Moyer appointed the Advisory

Ohio postponed execution

2011-07-15T11:53:00.001-05:00

“It is the policy of the State of Ohio that the State follows its written execution protocol, except when it does not.” At least so commented South Ohio District Court Judge Gregory Frost last Monday in granting Kenneth Smith’s temporary restraining order halting his scheduled execution next week. ( Order )“It is the most fundamental expression of the principles, rights, and obligations that

Ohio partial custody same-sex 'co-parent' supreme court case

2011-07-14T13:36:00.001-05:00

The Ohio Supreme Court, Tuesday, upheld lower court rulings that a biological mother, who acknowledged her same-sex partner as a “co-parent” of her daughter while the two women were in a relationship, did not permanently give up her sole custody of the child to create legal shared custody with the partner.The Court’s summary further stated “the 4-3 decision authored by Justice Robert R. Cupp,

Ohio DUI contentions

2011-07-07T10:59:00.002-05:00

Last month we reported two Ohio municipal court judges’ taking the relatively new position that it's allowable, in some cases, for defense lawyers to present testimony challenging results from a portable breath tester used on suspected drunken drivers -- decisions apparently having the potential for “wide impact” in the state. ( Previous post )

Mexican National on Texas death row creating international stir

2011-07-07T09:32:00.001-05:00

Fox News this morning has an article about the pending execution of a Mexican national in the United States scheduled for today “becoming something of an international brouhaha.”Fox News reports that “President Obama, the State Department and Mexico, have all asked the State of Texas for a last-minute reprieve of Humberto Leal, 38, who was convicted in 1995 in the brutal raping and murder of a

Ohio Supreme Court seeking public comments to enhance disciplinary system

2011-07-06T11:19:00.002-05:00

The Ohio Supreme Court is seeking public comment on a series of proposed rule amendments designed to enhance Ohio’s disciplinary system for lawyers and judges. The Court had considered a set of amendment proposals contained in a December 2009 report from an 18-member Task Force to Review the Ohio Disciplinary System

Ohio Rules of Practice, Procedure amendments

2011-07-05T08:52:00.002-05:00

The Ohio Supreme, last Friday, announced adoption of amendments to the rules of evidence, appellate procedure, civil procedure, criminal procedure, and juvenile procedure.Amendments include those to Rules of Appellate Procedure (4, 9, 21, 25, 26, and 43), the Ohio Rules of Civil Procedure (53, 84 and 86), the Ohio Rules of Criminal Procedure (12, 14, 19, 58, and 59), the Ohio Rules of Juvenile

Sixth Circuit's Health Care Reform decision

2011-06-30T11:21:00.001-05:00

"The political and legal future of the sweeping health care reform bill," CNN.com this morning reported, "received a big boost yesterday with the Federal Sixth Circuit Court of Appeals in Cincinnati ruling in favor of the Obama administration and Congress, concluding a key provision in the landmark legislation was constitutional."The 'individual mandate,' requiring nearly all Americans to

Ohio consumer sales-practice violation alternative

2011-06-23T12:00:00.001-05:00

Rep. Ron Young and Lynn Slaby, last Tuesday introduced legislation that they say will speed up resolution of lawsuits filed by consumers accusing businesses of violating consumer sales-practices laws. They are supported by Ohio Attorney General Mike DeWine in the effort.The Columbus Dispatch reported that "Under the proposal, businesses that have been sued by a consumer can make a 'cure offer' to

Immigration "green card lottery" suit

2011-06-23T11:15:00.001-05:00

California immigration lawyer, Ken White, has sued the State Department after the agency revoked the results of some 22,000 winners of a green card lottery who thought they had hit the immigration jackpot, CNN.com reported Tuesday."The so-called diversity visa lottery allows foreigners to submit applications on the State Department website every year," the article said, and "about 15 million

4G benefactor

2011-06-23T09:13:00.001-05:00

3G, 4G…. W,X,Y and Gee-G. A lot of you "get it," but some of us – like LeRoy Jehtro Gibbs, on USA’s “NCIS”, without his McGhee -- are lost and frustrated to say the least. Some of that might be changing…. Or not. Wikipedia has a piece on “4G” …. The fourth generation of cellular wireless standards, set up in 2009 by the International Telecommunications Union, the specialized agency of the United

Ohio statutory rape case revisited

2011-06-22T12:52:00.001-05:00

The Ohio Supreme Court case, earlier this month, that held that the state's statutory rape law was unconstitutionally vague as applied to sexual conduct between two children, both of whom were younger than 13, when neither child uses force or impairs the other -- also violating the United States Constitution's Equal Protection Clause because only one child was charged with being delinquent in the

Update on Ohio's criminal sentencing overhaul

2011-06-22T11:35:00.001-05:00

A Columbus Dispatch article this morning observed "Ohio's criminal-sentencing overhaul is growing – now up to 570 pages -- with provisions added by an Ohio Senate panel yesterday requiring prisons to justify why they are keeping inmates 65 or older, provide certificates to help former inmates get jobs, and create an instant diversion program for shoplifters." An analysis of the bill as it was

New Kentucky forms

2011-06-22T11:05:00.001-05:00

The Kentucky Judiciary's home page is showing lists of new legal forms associated with legislation passed during the 2011 session of the Kentucky General Assembly now available in our Forms Library under 2011 Legislation Forms. [ Here ]The forms are for use in conjunction with House Bill 463, Kentucky's new penal code reform bill, just passed March 3rd.; House Bill 308, passed March 16th.,