Cleveland Law Library Weblog

Open Discovery Coming to Local Criminal Cases This Week

Cleveland.com reports that the Cuyahoga County Prosecutor's office is launching a new web-based case-management system that will allow defense counsel to view, print and download witness statements, police reports and other documents in criminal cases. This database of information should be available some time this week as part of the Prosecutor's plan to comply with a new Local Rule (23.1) requiring open criminal discovery. This system, which was developed in-house at the Prosecutor's office, is being touted as the first of its kind in the country. Redactions are still possible where necessary, but defense lawyers should be able to obtain all other information within 7 days after a defendant's first pretrial hearing. Although Prosecutor Bill Mason still plans to appeal the rule as allegedly unconstitutional, cleveland.com says that he is keeping an "open mind." According to the Common Pleas Court's Notice, the new Rule takes effect tomorrow, on February 10th. Click here to read our prior post about adoption of the Rule.

Ohio AG Voluntarily Dismisses Lead Paint Suit

According to a Press Release from Friday, the Ohio Attorney General has dismissed the lead paint lawsuit former AG Marc Dann filed in Franklin County CP Court in April of 2007. The Press Release indicates that instead of a lawsuit, the new AG intends to seek public/private partnerships to try and remedy problems created by lead paint exposure. Click here to read our prior post about a 2007 Ohio Supreme Court opinion declining to hear a case involving several paint manufacturers.

Kentucky Wants Its Rock Back

In a dispute over who owns a big rock dredged from the bottom of the Ohio River, Kentucky's Attorney General has sued the city of Portsmouth, Ohio and others to get the rock back from Ohio. This case originated in 2007 when an Ohio historian and his team removed this historic rock on the premise that its carvings would otherwise be lost or damaged. I have been following this squabble over the rock, which is no pet rock, for months. Now, after trying to work out a settlement, the Feb. 5th edition of the Daily Legal News reports that the case has gone to court. Although the rock currently resides in Ohio, Kentucky wants it back. Can't they share it to avoid a legal battle and all those legal fees?

Failure to Wear a Seat Belt in Ohio May Soon Be Primary Violation

The Ohio General Assembly is considering a new law to make the failure to wear a seat belt a primary violation. This means that instead of having to stop a driver for another violation such as speeding in order to ticket for a seat belt violation, a seat belt violation will be sufficient on its own. According to Ohio.com, the Governor claims that changing the law would save lives. According to the print edition of the Daily Legal News from 2/5/09, Ohio is in a rush with 14 other states to pass the law before July in order to receive $26.8 million in federal government money. If Ohio passes the law, ohio.com reports that Ohio would join 26 states that already make seat belt violations a primary offense.

Ohio Enacts New Booster Seat Law

On January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4'9" tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget.

Officer Who Personally Observes Traffic Violation Has Probable Cause for Stop Outside His Jurisdiction

In State v. Jones, Slip Opinion No. 2009-Ohio-316, the Supreme Court of Ohio held that a police officer's extra-territorial stop for a traffic infraction does not violate the Fourth Amendment, thereby invoking the exclusionary rule.  The court relied upon its opinion in State v. Weideman (2002), 94 Ohio St.3d 501 and the recent United States Supreme Court case, Virginia v. Moore (2008), ____ U.S. _____, 128 S.Ct. 1598, 170 L.Ed.2d 559, to support its holding.  The Cout held that an extra-territorial stop by a law-enforcement officer is not per se unreasonable under the Fourth Amendment when the officer personally observes the traffic violation upon which the stop is made.  Although the stop may be unlawful under R.C. 2935.03, the court held that this does not rise to a constitutional violation, thereby resulting in a suppression of evidence. The Supreme Court of Ohio pointed out that the Ohio Legislature did not provide a remedy for a violation of R.C. 2935.03 and stated it is not the court's place to rectify a possible legislative oversight by applying the exclusionary rule for a violation.

Electronic Notice of Appeal Accepted Only if Appellate Court has Local Rule Permitting Electronic Filing

In Louden V. A.O. Smith Corp., Slip. Opinion 2009-Ohio-319, the Supreme Court of Ohio upheld a decision of the Eighth District Court of Appeals dismissing a case as untimely filed after the appealing parties first tried to file their notices of appeal electronically.  The parties relied upon a case management order issued in asbestos cases in Cuyahoga County requiring documents to be filed electronically to argue that the cases were filed within the thirty day period provided for in App.R. 4.  The parties later filed paper notices of appeal outside the thirty day period. Electronic filing is permitted in Appellate Courts pursuant to App.R. 13.  However, in Sup.R. 27, the Supreme Court has set forth the procedure for appellate courts to follow before electronic filings may be accepted by the courts of appeal.  The Eighth District Court of Appeals has not submitted a proposed local rule to the Supreme Court's Commission on Technology and the Courts for review as required by Sup.R. 27.  Without a proper local rule in place by the court of appeals, an order by the trial court cannot provide for electronically filing a notice of appeal.

Local DR Judge Can't Take Any More Cases

The Plain Dealer has reported that Ohio Supreme Court Chief Judge Thomas Moyer has ordered Cuyahoga County Domestic Relations Judges to stop referring cases to retired Judge June Rose Galvin, who is sitting as a visiting judge. According to a Supreme Court spokesman, Judge Galvin has to close all pending cases before she can accept any more. Thirty-eight (38) of the cases came from local retired DR Judge, Judge Celebrezze. On behalf of the DR court, Judge Flanagan has stated that he will not need to utilize Judge Galvin's services in the future due to staff reductions and new working policies at the court. Interestingly, applications are being accepted until February 10, 2009 to fill the vacancy left by former DR Judge Anthony Russo, who took office in Cuyahoga County Probate Court on January 1st.

Law Library VP Appointed as Cuyahoga County Grand Jury Foreperson

Judge David Matia of the General Division of Cuyahoga County's Common Pleas Court recently appointed the Cleveland Law Library's Vice President, Carla Tricarichi, as 1 of 3 grand jury forepersons. In this role, she will lead grand jury deliberations to determine whether there is probable cause that a felony has been committed in Cuyahoga County. Mrs. Tricharichi is in private practice at her own firm, where she handles employment matters and workers compensation issues. Mrs. Tricarichi was the President of the Law Library from 2003-2006.