Search for: "S. R.C. T."
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31 Aug 2009, 2:43 pm
That doesn't sound so neutral. [read post]
25 Aug 2009, 12:29 pm
The court stated that "[t]he presentence investigation report relies on ‘judicial record[s]' that guarantee the conclusive significance that is the focus of Apprendi. [read post]
25 Aug 2009, 3:25 am
Of course, a week in the 8th wouldn’t be complete without at least one head-scratcher, and that’s provided by State v. [read post]
24 Aug 2009, 3:30 am
Keszei, the 12th District dismisses Father’s appeal because there’s no final appealable order, although noting “we have serious doubts regarding whether a parent’s expressed intention to vacation with his children in Israel is sufficient to constitute ‘domestic violence’ within the meaning of R.C. 3113.31(A)(1). [read post]
18 Aug 2009, 3:52 am
That’s not so in First Amendment law; a law which could arguably infringe upon constitutionally protected expression will be struck down, even if the particular defendant’s rights weren’t violated. [read post]
5 Aug 2009, 3:47 am
Still, the tension caused by Heller’s basic holding and the opinion’s dicta about felon-in-possession laws isn’t going away. [read post]
30 Jul 2009, 3:29 am
The SB 2 sentencing reforms weren’t any great shakes, but I don’t know anybody who doesn’t think that, post-Foster, Ohio’s sentencing scheme is a disaster. [read post]
17 Jun 2009, 3:55 am
But Mosmeyer’s argument went nowhere, either, since he “has failed to identify any existing rule of criminal procedure that conflicts with R.C. 2929.191. [read post]
14 Jun 2009, 5:16 pm
" And since the verdict form didn't say that clearly, and since it didn't state the degree of offense, well, then the aggravating element doesn't count.More, the court of appeals noted that even though Wells didn't object at trial, that's OK, because Pelfrey didn't object either and, more to the point, the court had previously decided that"[i]t is the [S]tate's… [read post]
3 Jun 2009, 1:27 pm
According to the Court, “[t]o allow the general provisions of R.C. 4112.99 to prevail over the specific provisions of . . . 4112.14 would ignore the relevant statutes and would turn the framework of R.C. [read post]
17 May 2009, 6:58 am
In particular, a tenant's expectation of privacy ceases to be 'objectively justifiable' when his occupancy ceases to be lawful, as determined by the terms of his lease and the provisions of his state's landlord-tenant law. [read post]
2 Apr 2009, 5:45 am
R.C. [read post]
22 Feb 2009, 4:25 pm
Article II, Section 28 of the Ohio Constitution.Motion to accept discretionary appeal pending: In re A.R. (2009-0223) In re M.G. (2008-2257) In re R.C. (2008-2392) State v. [read post]
21 Jan 2009, 3:45 am
What’s more, the court notes, a motion for leave to amend wasn’t even necessary; although the defendant had filed a motion to dismiss, a plaintiff can amend without leave prior to the filing of a responsive pleading, which a motion to dismiss isn’t. [read post]
17 Jan 2009, 11:49 pm
I found no dissents (although a few concurrences) until Chief Justice Sharma's dissent in R.C. [read post]
7 Jan 2009, 6:30 am
R.C. [read post]
6 Jan 2009, 6:30 am
R.C. [read post]
19 Dec 2008, 7:50 pm
He's a bright, cute, healthy, and completely lovable 11-month old child. [read post]
1 Dec 2008, 8:41 pm
Why isn't the Audit Privilege Law used more frequently? [read post]
12 Nov 2008, 1:04 pm
The court then held that the prosecution had not discharged this obligation:[T]he state had the burden of establishing beyond a reasonable doubt that Ellison's specific purpose in making the telecommunication was to harass Gerhard. [read post]
