14 posts categorized "Miscellaneous"

Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional.

Posted by Zukerman on Tuesday, February 26, 2013

Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without privilege to do so, shall knowingly solicit, coax,... Continue reading "Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional." …

Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians

Posted by Zukerman on Saturday, September 22, 2012

By Larry W. Zukerman, Esq., and Richard L. Fenbert, Esq. Medical professionals who have been charged with a criminal offense face the collateral consequence that their professional license may be subject to suspension and/or revocation by the licensure board of their particular discipline. Physicians seeking legal counsel after being charged... Continue reading "Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians" …

Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause

Posted by Zukerman on Friday, August 10, 2012

A recent U.S. Sixth Circuit Court of Appeals decision offers two important lessons: (1) A defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of his illegal conduct and his sentencing date; and (2) Bleaching $5 bills and using a copier to turn... Continue reading "Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause" …

Landmark Sixth Circuit Decision Upholds Lawyer’s Free Speech

Posted by Zukerman on Friday, August 3, 2012

It’s a cruel irony that lawyers, perhaps the most verbose citizens in the U.S., have more restrictions placed on their speech than any other citizen. State disciplinary rules and codes of professional responsibility govern what lawyers can and cannot say, how they may say it, and how they can advertise... Continue reading "Landmark Sixth Circuit Decision Upholds Lawyer’s Free Speech" …

Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow

Posted by Zukerman on Wednesday, July 11, 2012

In a unanimous opinion published yesterday, the Twelfth District Court of Appeals sided with the state and ruled that the results of a blood alcohol test performed by an Intoxilyzer 8000 may be admitted at trial against the defendant. In State v. Kormos, the Court reversed a municipal court’s decision... Continue reading "Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow" …

Challenge to Intoxilyzer 8000 rejected in Cuyahoga County, but issue is far from settled

Posted by Zukerman on Thursday, June 28, 2012

Cuyahoga Common Pleas Court Judge Brendan J. Sheehan recently rejected a challenge to the controversial Intoxilyzer 8000 BAC testing machine, but the issue of the device’s reliability is far from settled. Trial court judges from across the state have expressed concerns over the 8000’s operation, and the Twelfth District Court... Continue reading "Challenge to Intoxilyzer 8000 rejected in Cuyahoga County, but issue is far from settled" …

Determining First Offender Status: STATE v. M.D., Cite as 196 Ohio App.3d 174, 2011-Ohio-1804

Posted by Zukerman on Monday, April 30, 2012

Applicant sought the sealing of all official records of his prior convictions for receiving stolen property, forgery, uttering, and obstructing justice. The application was denied, and defendant appealed. The Court of Appeals, 2009 WL 3478517, reversed and remanded with instructions. On remand, the Court of Common Pleas, Cuyahoga County, No. CR-360551, issued a journal entry determining that applicant did not qualify as a first offender for record-sealing purposes and again denied the application. Applicant appealed. Continue reading "Determining First Offender Status: STATE v. M.D., Cite as 196 Ohio App.3d 174, 2011-Ohio-1804" …

Fourth Amendment: Physically invading personal property to gather info, means a search occurs

Posted by Zukerman on Monday, April 16, 2012

In U.S. v. Jones, Docket No. 10-1259, the Supreme Court of the United States, in a vote of 9 to 0, held that the installation of a global positioning system (GPS) tracking device on a suspect’s vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment of the United States Constitution. The significance of the decision in Jones lies in the narrow basis for the holding. In essence, the majority’s holding reflects an irreducible constitutional minimum: “when the Government physically invades personal property to gather information, a search occurs.” The Majority’s trespassory test does not offer guidance in a world where physical intrusion is now unnecessary to many forms of surveillance. Continue reading "Fourth Amendment: Physically invading personal property to gather info, means a search occurs" …

OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR On April 5, 2010 Senate Bill 77, a comprehensive criminal justice reform package, was signed into law. SB 77 stemmed from a joint project between the Ohio Innocence Project and the Columbus Dispatch and the passage thereof was the culmination of the efforts of many individuals,... Continue reading "OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM" …

THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR, ESQ The phone rings in the middle of the night and your client is calling from a police department with an urgent questions: he or she has been arrested for Operating a Vehicle Under the Influence (OVI) and asks whether he or she should take the... Continue reading "THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal" …