Search for: "S. R.C. T."
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21 Jun 2010, 9:14 pm
LEXIS 11299 (3rd Cir 6/3/2010) (unpublished)”[T]he Commonwealth contends the District Court improperly granted Gwynn’s habeas corpus discovery requests. [read post]
19 Jun 2010, 12:00 am
{¶ 2} On September 12, 2008, appellant was charged in a six-count indictment with two counts of rape in violation of R.C. 2907.02(A)(2), three counts of gross sexual imposition in violation of R.C. 2907.05(A)(1), and one count of kidnapping in violation of R.C. 2905.01(A)(4) with a sexual motivation specification. [read post]
9 Jun 2010, 1:33 pm
Ohio's highest court resolved conflicting state court decisions without batting an eye: We hold that a police officer’s unaided visual estimation of a vehicle’s speed, by itself, is sufficient to support a conviction for violation of R.C. 4511.21 (D) without independent verification of the vehicles speed if the officer is trained, is certified by the Ohio Peace Officer Training Academy or a similar organization…and is experienced in… [read post]
9 Jun 2010, 1:33 pm
Ohio's highest court resolved conflicting state court decisions without batting an eye: We hold that a police officer’s unaided visual estimation of a vehicle’s speed, by itself, is sufficient to support a conviction for violation of R.C. 4511.21 (D) without independent verification of the vehicles speed if the officer is trained, is certified by the Ohio Peace Officer Training Academy or a similar organization…and is experienced in… [read post]
24 May 2010, 9:10 pm
As usually happens, this week’s edition includes substantial borrowings from Steve Hall’s Stand Down blog. [read post]
20 May 2010, 3:05 pm
The Court explained that “the General Assembly’s purpose behind R.C. [read post]
18 May 2010, 8:02 pm
Bad week in the office and the weekly won’t run this week (my apologies). [read post]
11 May 2010, 3:34 am
What’s more, pursuant to statute, the five-year specification for shooting out of a vehicle and the three-year spec for brandishing a firearm don’t merge, either. [read post]
4 May 2010, 1:08 pm
[A] prior DNA test is not “definitive” within the meaning of R.C. 2953.74(A) when a new DNA testing method can detect information that could not be detected by the prior DNA test.Still, Prade doesn't get a new test unless the lower courts now agree that a new test would be "outcome determinative. [read post]
17 Apr 2010, 7:25 am
If you don’t consent, the police can’t search without a warrant or an applicable exception to the warrant requirement. [read post]
11 Apr 2010, 9:19 am
Thus these assets aren’t governed by 2117.06. [read post]
18 Jan 2010, 3:42 am
It’s not; it’s a tax board appeals case, and the question is whether the case should be dismissed because of “appellant’s failure to specify in his notice of appeal the ‘errors complained of’ as required by R.C. 5717.04. [read post]
18 Dec 2009, 5:48 am
See Ohio R.C. [read post]
18 Dec 2009, 3:45 am
The latter had a .38, leading to firearm specifications for the both of them, although my client insisted to the police "I didn't know the white boy had a gun. [read post]
4 Dec 2009, 10:04 am
A company's future shouldn't hinge on a vague tax exemption law. [read post]
24 Nov 2009, 2:00 pm
According to the high court, the issue isn’t one of response time, as the appellate court thought (is a 1 minute delay ok? [read post]
24 Nov 2009, 6:30 am
R.C. [read post]
19 Nov 2009, 12:23 am
"It don't impress me much. [read post]
10 Nov 2009, 6:53 pm
First, R.C. 2929.19(B)(4)(a), which is codified within the Penalties and Sentencing Chapter, states: “[t]he court shall include in the offender’s sentence a statement that the offender is a tier III sex offender ***. [read post]
16 Sep 2009, 3:27 am
And the court didn’t just bar defendants with pending charges from using the statute: a defendant in a criminal case who has exhausted the direct appeals of her or his conviction may not avail herself or himself of R.C. 149.43 to support a petition for postconviction relief. [read post]
