Ohio

Ohio Supreme Court OKs consecutive sentencing from seperate courts

Posted on May 02, 2008
The Ohio Supreme Court unanimously held, yesterday, that a trial court sentencing a defendant has the authority to order that the sentence imposed for the current offense be served consecutively to sentences previously imposed by another court for the same offense...

Ohio death penalties

Posted on April 30, 2008
After the Supreme Court?s Baze decision two weeks ago, some states weren?t wasting much time in getting their execution schedules back on track. Virginia almost immediately after the decision was made lifted its moratorium; Florida?s governor asked for ?a very short list? of death warrant applications to be considered, and Mississippi, Oklahoma, and Texas indicated they would be seeking execution

Ohio Supreme Court mental retardedness ruling

Posted on April 11, 2008
The Ohio Supreme Court last Wednesday vacated the death sentence of an Akron man, ruling that he was mentally retarded under both Ohio and federal standards, and therefore cannot be sentenced to death. The case?s remanded to the Summit County Court of Common Pleas for resentencing under the statutory guidelines for non-capital cases of aggravated murder...

Hamilton County Proposed Local Foreclosure Rule

Posted on April 01, 2008
The Hamilton County Court of Common Pleas is proposing the addition of a local rule of court pertaining to foreclosures. Rule 45 would have provisions for pleadings, receiverships, case management, bankruptcies and judgments, confirmations of sales ordering deed & distribution, and the distribution of excess funds...

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NLRB & employer e-mail

Posted on March 26, 2008
The National Labor Relations Board back in December settled a long-standing dispute between employers and unions over controversies regarding a companies e-mail policies. In its Dec. 16th. Guard Publishing decision the NLRB said that employers may lawfully control access & use of their internet e-mail systems and those systems can?t be used as ?weapons? by a union seeking to organize their

Ohio Supreme Court's Proposed Rules of Superintendence

Posted on March 24, 2008
The Ohio Supreme Court?s Commission on Rules of Superintendence doesn?t have the constitutional authority to draw up rules on what court records the public should have access to, according to Cleveland attorney David Marburger. His comments were in response to a set of proposed rule amendments the Court now has under advisement...

EPA Clean Air Standards

Posted on March 14, 2008
Just about a year ago the Environment Protection Agency was one of the Supreme Court?s ? and just about everyone?s ? favorite ?punchbag? .The world was waking up to the danger of global warming and a U.N. report was attributing ? ? with 90% certainty?the increase in average global temperatures since mid 20th...

U.S Judicial Conference's Rules for Judicial Conduct/Disability

Posted on March 13, 2008
The Judicial Conference of the United States, Tuesday, approved the first-ever set of binding, nationwide rules governing the handling of conduct and disability complaints against federal judges. The rules mark a major milestone in the judiciary?s efforts to improve its self-regulation, first launched by the late Chief Justice William Rehnquist four years ago in response to criticism from

Ohio's smoking ban is constitutional

Posted on March 12, 2008
Hamilton County Common Pleas Court Judge Fred Nelson last Friday morning upheld the State?s statutory smoking ban, passed in November 2006. ( Decision )( Article ) Ohio?s ?Smoke Free Workplace Act,? said to be one of the strictest in the country, and the first in the Midwest, prohibits smoking in almost all indoor establishments...

Chapter 13 surrenders of collateral

Posted on March 11, 2008
Last week, the Sixth Circuit Court of Appeals said that ?due to a glitch or gap in a recent revision of the Bankruptcy Code intended to benefit creditors, the law is now silent on what happens to the remaining indebtedness in the surrender-or-the-car situation, the bankruptcy court below holding that the congressional mistake in drafting the revision means the remaining indebtedness is completely

Ohio Supreme Court/Workers' Compensation Disability

Posted on March 06, 2008
Since the beginning of time it was ?generally accepted,? Joan Verchot & Megan Roach of the Cincinnati office of law firm Dinsmore & Shohl recently wrote in the Workers? Compensation Journal of Ohio, ?that a claim could be terminated pursuant to a neutral attendance policy...

Computer Law Updates

Posted on March 04, 2008
The week?s started out with several instances of computer law related material that?s perhaps not up an epiphany to all, but they were in the media spotlight over the weekend. First of all the New York Times, in what it?s referred to as ?as move legal experts said could represent a major test of First Amendment rights in the Internet era?, Saturday morning commented on the WikiLeak thing by

Sentencing Commission's Retroactive Crack/Cocaine Sentencing Guidelines

Posted on March 03, 2008
Amendments to the Sentencing Commission?s crack cocaine guidelines and their retroactivity become effective today. That also allows the first group of prisoners eligible for modest sentence reductions to be released from federal prisons, as well., according to a press release by the Families Against Mandatory Minimums, a national activist group ?for fair and proportional sentencing laws...

Ohio Adoption Law Questions

Posted on February 29, 2008

Ohio's "Shaken Baby Syndrome" Law

Posted on February 27, 2008

New Ohio Rules of Court Superintendence

Posted on February 26, 2008

Ohio Supreme Court holds Civil Rule available when no applicable Criminal Rule

Posted on February 22, 2008

Ohio Sex Offender Residency Restrictions Not Retroactive

Posted on February 21, 2008
The Ohio Supreme Court yesterday ruled that Ohio?s residency-restriction statute prohibiting certain sexually oriented offenders from living within 1,000 feet of a school could not be applied to an offender who had brought his home and committed his offense before July 31, 2003, the effective date of the statute...

State Level Electronic Discovery

Posted on February 20, 2008
With all of the excitement, or maybe trauma, over electronic discovery this past year, one might assume that EDD?s something reserved for massive litigation or federal cases alone. That?s not the case, as Brett Burney in a Law.com article yesterday morning conveys...

Proposed Rule Changes for Temporary/ Agricultural Workers

Posted on February 13, 2008
The United States Department of Labor, for one, has been pretty busy the past few months it seems, with new rule proposals and an extension of the time period for comments for another.On December 13, 2007, rules were proposed ?to align the national apprenticeship system with the tools & flexibility needed for the 21st...

Ninth Circuit private corporation's sovereign immunity case

Posted on February 11, 2008
The Ninth Circuit Court of Appeals last Wednesday, as part of a larger class-action suit, ruled that state sovereign immunity didn?t extend to private contractors hired by state agencies, and that the Court ?shouldn?t even undertake the test it uses when various government bodies seek immunity,? according to an article from Law...

U.S. Supreme Court False Claims Act case

Posted on February 08, 2008
Congress passed the False Claims Act in 1863 in response to rampant fraud and other misdoings principally to do with the sale of war material & supplies during the Civil War. Codified ten years later in 1873, and then amended in 1943, 1982, significantly in 1986, and then again finally in 1994; the original provisions have come to be known more today in connection with so-called ?whistleblower? cases than guns & bullets...

Ohio Foreclosure Issues

Posted on February 05, 2008
Ohio Attorney General Marc Dann?s efforts in the mortgage foreclosure arena hit some snags yesterday, with Hamilton County Magistrate Judge Michael Bachman not only rejecting Dann?s arguments, but commenting that the Court had ?significant concerns regarding the ethical implications of the Attorney General?s actions...

District Court Certified Class Action Suit re Title Insurance "reissue/refinance" Rates

Posted on February 04, 2008
The Eastern Pennsylvania U.S. District Court last Friday certified a class action suit against Commonwealth Land Title Insurance Company brought by homeowners who clam they were overcharged for title insurance on refinances because they were never informed of statutorily discounted premium...

Supreme Court differentiates stare decisis particulars

Posted on February 01, 2008
The court of claims statute of limitations requires an automatic consideration of a lawsuit?s timeliness irregardless of Government waiver, the Supreme Court held last January 8.The case, John R. Sand & Gravel v. U.S., 06-1164, involved allegations of the holder of a mining lease that the EPA had taken land without just compensation thru activities on that land such as erecting fences...

Sixth Circuit "reasonableness of sentence" decision

Posted on January 30, 2008
The Sixth Circuit Court of Appeals yesterday upheld the sentences of two defendants who had plead guilty to coercing a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of that conduct, and possession of child pornography...

Sixth U.S. Circuit's Ross decision

Posted on January 30, 2008
Last Friday, the Sixth Circuit Court of Appeals overturned a 2005 District Court case that has become something of a legal quagmire since its beginning in 1999, and potentially isn?t too close to being over, either (Decision)Hanna Hill was killed May 26, 1999...

Ohio Supreme Court rule amendments

Posted on January 25, 2008
Comments to the set of proposed amendments to the Ohio Rules of Appellate, Criminal, and Civil Procedures issued last October, have been reviewed and evaluated by the Supreme Court Commission on Rules of Practice & Procedure. The Commission, back on Jan...

Southern Ohio District Court reassigns cases

Posted on January 25, 2008
Five death penalty cases were reassigned from Judge Walter Rice?s docket yesterday by Southern Ohio District Court Chief Judge Sandra Beckwith.Judge Rice has faced criticism from supporters of the death penalty for some time who think his deliberations are too lengthy, making it difficult for local prosecutors to retry cases overturned by appeals, but Beckwith was quoted as saying that Rice had a very heavy docket and that it ?seemed logical to give him some relief,? not because of any complaints made of the judge?s handling of capital cases...

Ohio Southern District Court's "body parts" controversy

Posted on January 23, 2008
The Ohio Supreme Court is going to be hearing another case that?s generated international attention for its ramifications for medical examiners, EMTs, funeral directors, and others. (Article)At issue, and filed as a class action naming the county commissioners offices of 87 of Ohio?s 88 counties, and all coroners, is whether an individual has a legal right to his/her relative?s or next-of-kin?s body parts and organs...

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