Whitespace is like air: it is necessary for design to breathe
“There is no need to turn suppression issues into a gotcha game, where the state may sit on its hands in the trial court and then pull out a surprise, standing card on appeal.”
Justice DeWine, Majority Opinion
On December 17, 2019, the Supreme Court of Ohio handed down a merit decision in State v.
“Taken together, these three considerations—the banks having lost something in which they had a property interest at the moment of the crime, the banks bearing the economic loss by operation of statute, and the banks having been the targets of Allen’s crimes—establish that the banks are victims under any common-sense understanding of that term.”
Justice…
“Because Soto entered his guilty plea prior to the empaneling of a jury or the taking of evidence, jeopardy attached—but only as to the child-endangering charge to which he pleaded guilty and not as to the dismissed involuntary-manslaughter charge.”
Justice DeWine, Majority opinion
“Under the majority’s conclusion, no plea bargain is necessarily conclusive and any…
Update: On February 19, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Has the U.S. Supreme Court ever recognized that the right to raise one’s children includes the right to inflict corporal punishment?”
Justice DeWine, to counsel for Faggs
“Why is it unreasonable to put…
Bail and the need for bail reform is a hot topic these days. In January of this year, Ohio’s Chief Justice Maureen O’Connor convened a task force, chaired by Montgomery County Common Pleas Court Judge Mary Katherine Huffman, to study Ohio’s bail system. The report, just released, includes these nine recommendations for the Ohio…
Update: On November 21, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Your friends on the other side say the checks were drawn from particular accounts, and those account holders would be the actual victims and not the bank. How do you respond to that?”…
“A knowing and voluntary plea therefore does not supersede defense counsel’s errors…When, as here, the defendant asserts a claim of ineffective assistance of counsel, the court must focus on counsel’s deficient performance and the prejudice arising from that deficiency.”
Justice French, plurality opinion
“I assume that Romero meant what he said at the plea hearing—that…
