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Ohio

Cincinnati Law Library Blog Cincinnati Law Library Blog

Summaries of appellate and U.S. Supreme Court decisions as well as reports on legislative action in Ohio and the U.S. Congress.
By Chuck Kallendorf

Post Frequency: 10.4/day

Last Entry: January 09, 2015 at 10:03:00

Recent Entries: 500

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Ohio Grievance & Disciplinary Board opinion

Posted on April 20, 2010
The Supreme Court of Ohio's Board of Commissioners on Grievances & Discipline issued an advisory opinion about whether a attorney's notes must be turned over to a client when requested. Opinion 2010-2, rendered April 9th., finds that it depends upon whether ?the notes are items reasonably necessary to the client?s representation? pursuant to Prof...


U.S. Sentencing Commission Guideline amendments

Posted on April 20, 2010
The United States Sentencing Commission announced yesterday its sending to Congress amendments to the federal sentencing guidelines. The Commission's press release summarizes the amendments as "expanding the availability of alternatives to incarceration and address the relevance of certain specific offender characteristics in sentencing...


E-filing Lawsuit

Posted on April 20, 2010
Law.com posted an article yesterday from the Texas Lawyer about a woman in Montgomery County, Texas, having filed a class-action lawsuit against that county's court and LexisNexis over their requirement that civil litigants use Lexis for all court filings...


Ohio Supreme Court examining health care ballot issue

Posted on April 19, 2010
Two weeks ago the Ohio Ballot Board, ruled that the issue proposed by the Ohio Liberty Council, one of the nation's new tea party groups that wants voters to amend the Ohio constitution so the state can opt out of the wide-ranging federal health care law, had to be split into two separate ballot measures...


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Darryl Durr

Posted on April 19, 2010
USAToday.com noted on Thursday of last week that U.S. District Court Judge Gregory Frost, of Ohio's Southern District, had dismissed Darryl Durr's claim that Ohio's lethal injection chemicals violated federal prescription drug laws, noting that the U...


6th. Circuit Court of Appeals holds Ohio anti-porn law constitutional

Posted on April 16, 2010
USAToday yesterday reported that "a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati found that Ohio law does not violate the First Amendment guaranteeing freedom of speech or the Constitution's commerce clause, which was intended to allow the free flow of goods among the states...


Interim Ohio Supreme Court Justice Eric Brown

Posted on April 15, 2010
Ohio Governor Ted Strickland has announced the interim appointment of Eric Brown, currently a Franklin County probate court judge in Columbus, to the supreme court seat recently vacated by the unexpected death of former Chief Justice Thomas Moyer, who passed away April 2...


Ohio mentally ill inmates

Posted on April 14, 2010
In a class action lawsuit filed earlier this year by indigent Ohio residents with psychiatric disabilities soon to, or recently having been, released from prison in Ohio, the Department of Corrections, last Monday filed a motion to dismiss the case. "For inmates with psychiatric disabilities," the inmates' complaint had professed, "an abrupt and unprepared reentry into a community or entry into


Ohio media coverage of criminal cases

Posted on April 14, 2010
The Ohio Supreme Court yesterday morning barred Henry County Court of Common Pleas Judge Keith P. Muehlfeld from enforcing a "gag order" prohibitting the news media from publishing or broadcasting stories about the proceedings in an upcoming manslaughter trial until after a jury has been impaneled for the separate trial of a second defendant charged in the same incident...


Sacramento, Calif. case management computer system questions

Posted on April 12, 2010
Sacramento County Superior Court leaders last Tuesday were reported to be dumping their out-of-state connection to a controversial computer system and, instead, operating their own network locally -- "a poke in the eye to the Administrative Office of the Courts," says Law...


Public Official Immunity in Ohio

Posted on April 12, 2010
In a case stemming from a 2004 identity theft in which personal information had been acquired from a traffic ticket?s having been posted on the county?s website, the Ohio Supreme Court last Friday ruled that ? when the allegations contained in a civil complaint are directed against an office of a political subdivision, an officeholder named as a defendant in that complaint is sued in his or her


Ohio Chief Justice Thomas J. Moyer, Apr. 18, 1939 -- Apr. 2, 2010

Posted on April 05, 2010
Born in Sandusky, Ohio on April18, 1939, Thomas J. Moyer was the longest-serving current state chief justice in the United States. He passed away suddenly last Friday, April 2, 2010 at the age of 70, leaving wife Mary. (Articles here and here)The Columbus Dispatch, Friday, reported that Justice Moyer was set to retire at the end of the year after hitting the mandatory age of retirement set by


Kentucky records law expanded

Posted on April 02, 2010
With little more fanfare than mention in last Monday's paper, a bill intended to increase public scrutiny of two scandalized groups representing locally elected officials ? the Kentucky Association of Counties and Kentucky League of Cities -- won final passage from lawmakers this week...


Kentucky's gps/domestic violence abusers legislation

Posted on April 02, 2010
With the Supreme Court's hearing the Robertson v. U.S. ex rel. Watson domestic violence case Wednesday, the timing on this is interesting.Prospects for Kentucky legislation aimed at keeping track of domestic abusers using ankle monitors have improved considerably after discussions between two key lawmakers, an Associated Press article on NKy...


ABA vs. FTC --- again

Posted on April 01, 2010
The National Law Journal this morning observed the American Bar Association and Federal Trade Commission "tangling again" --this time, over regulations aimed at mortgage fraud. In this latest round, the FTC had announced back in February a rule proposal that would affect for-profit companies that try to prevent home foreclosures by helping consumers re-negotiate their mortgage loans...


Supreme Court on "private criminal contempt" proceedings

Posted on March 31, 2010
Victims of domestic violence advocates are sounding the warning about a little-noticed U.S. Supreme Court case they say could make it much harder for battered women and men to enforce restraining orders against their abusers, a Law.com article yesterday reported...


Proposed Ohio Supreme Court recusal rule

Posted on March 30, 2010
The Ohio Supreme Court yesterday posted announcement of a new proposed rule of practice that will allow parties to a case request recusal of a justice, or, one of the justices to self-disclose information he/she may feel could be the basis for disqualification...


New U.S. Supreme Court website

Posted on March 19, 2010
The United States Supreme Court unveiled its new, updated website yesterday. The new design appears cleaner and maybe more modern than the old version, which had been hosted & maintained by the Government Printing Office since its design & inception in 2000...


Ohio unauthorized practice rule amendments

Posted on March 18, 2010
The Ohio Supreme Court announced last Monday its accepting public commentary on rule changes governing the unauthorized practice of law in the state. ( Announcement ) Technically, two rules apply, the proposed amendment to Rule VI of the Rules Governing the Bar of Ohio revises the definition of unauthorized practice to identify the Board of Commissioners on Grievances & Discipline as the


Hamilton County Commissioners joining federal lawsuit vs. hotel-booking companies

Posted on March 15, 2010
Hamilton County, Ohio commissioners last week voted to join a federal lawsuit alleging online hotel-booking companies owe Ohio communities for lost tax revenues, according to the Cincinnati Enquirer. That suit involves well-knowns such as Travelocity, Hotwire, Orbitz,and Priceline...


Georgia court bars release of crime scene photographs

Posted on March 12, 2010
CNN had this story yesterday telling about DeKalb County, Georgia, Superior Court Judge Daniel Coursey's, having issued a temporary order restraining the Georgia Bureau of Investigation from releasing "any and all photographs, visual images or depictions of Meredith Emerson which show Emerson in an unclothed or dismembered state...


Virginia bans mandated health care

Posted on March 12, 2010
MSNBC reported Wednesday that the state of Virginia the became first in the nation to approve legislation "that bucks federal health care reforms by banning mandatory health insurance coverage." ( See HB 10 here ) The article also indicated that thirty-four other legislatures have filed or proposed similar measures...


U.S. Supreme Court cases

Posted on March 10, 2010
The Unites States Supreme Court in its decision in Bloate v. United States Monday , reaffirmed that "The Speedy Trial Act of 1974 (Act) requires a criminal defendant's trial to commence within 70 days of his indictment or initial appearance,18 U. S. C...


Ohio Supreme Court's proposed rule amendment on timing of notices of appeal

Posted on March 08, 2010
The Ohio Supreme Court this morning announced its holding public commentary on amendments to the state's Rules of Practice that address the tolling of time for filing an appeal in the Supreme Court after a party seeks a full review by all members of an appeals court...


2009 Ohio "Concealed Carry Report"

Posted on March 01, 2010
The Ohio Attorney General's Office this morning reported that the state had issued a record 56, 691 concealed handgun licenses last year, topping the previous high of 45,497 set in 2004 when the concealed handgun law first went into effect and representing a 67 percent increase from the 33,864 licenses issued in 2008...


Our Name Changed

Posted on February 26, 2010
Regular readers probably noticed our library and blog name change in January. If you link to us from your blog or website, please modify our listing from "Cincinnati Law Library Blog" to "Hamilton County Law Library Blog". Thanks for following our posts.


U.S. Supreme Court "Miranda" decisions

Posted on February 25, 2010
The United States Supreme Court, yesterday and the day before, issued rulings seen by some as further weakening defendants' Miranda rights. Last Tuesday, the Court in Florida v. Powell held that Florida's alternative wording of the Miranda warning was acceptable, even though it does not explicitly state that a suspect has a right to have a lawyer present during questioning...


Earn Free CLE Credit with Westlaw

Posted on February 22, 2010
On Tuesday, March 16 your Westlaw representative, Denice Fogle, will offer the following class for 1 Ohio CLE credit in the CLLA?s board room. 12:30 for Westlaw Secondary Sources (1.0 Ohio CLE Credit) Exploring Westlaw?s secondary sources:* Jury Verdicts for 50 states* Form Finder* Term & Connector search* Narrowing results* Keycite1:45 Meet with your Westlaw RepresentativeAfter the class, meet


Learn more about IntelliConnect

Posted on February 22, 2010
On Tuesday, March 2 your CCH representative will offer an introduction to IntelliConnect, CCH?s newer online research platform. 1:00 IntelliConnect EssentialsExplore basic search functionality of IntelliConnect including: * Available content* Basic searching* Browse feature* Narrowing results* Document Delivery* Set up email alerts2:30 IntelliConnect Federal Tax Library Use the knowledge


Ohio death penalty updates

Posted on February 22, 2010
On February 2nd. the Ohio Supreme Court set execution dates for William Garner, Roderick Davie, and Kevin Keith for July 13th., Aug. 10th., and Sept. 15th., respectively. (See article) Last Friday it was announced that the execution date for Michael Benge has been set for October 6th...


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