Cleveland Law Library Weblog

Ohio Supreme Court Upholds Constitutionality of Drunk Driving Jail Time

On Wednesday, the Ohio Supreme Court upheld the constitutionality of a 10-day jail term for repeat drunk driving offenders who refuse to take a breath test when they are pulled over. The decision was close with a 4-3 vote that overturned the 3rd Circuit's decision, which had concluded that the law was an unreasonable search and seizure. Justice Lanzinger wrote the majority opinion, but Justices Pfeifer, Moyer and O'Donnell dissented chiefly on the basis that prior decisions had only imposed administrative penalties for failure to agree to a chemical test. The opinion can be found at this link, and you can click here to read a summary from the Ohio Supreme Court's Press Release.

New Ohio Court Rules Effective Today

Various Ohio Rules of appellate, civil, criminal, and juvenile procedure become effective today. The Ohio Supreme Court's Press Release outlines the changes, which include an addition for service of process on limited liability companies, enhancements to rules on electronic discovery, and other changes. Click here to read a more detailed summary of the amendments, together with the text of all the new rules.

Twelve Dads Indicted for Criminal Non-Support

The Office of Prosecutor Bill Mason has indicted 12 dads for failure to pay child support.  Collectively, the men owe $394,000.45 in child support.  Criminal Non-Support is a Fifth Degree Felony under Ohio Revised Code Section 2919.21.

Judge Synenberg Cleared of Bias

The Ohio Supreme Court rejected the claim that Judge Synenberg had any bias in the death penalty case of Joe D'Ambrosio. A Plain Dealer article describes how prosecutor Bill Mason challenged her neutrality since she represented a co-defendant when she was in private practice.

Cuyahoga County Jail Overflowing with Inmates Awaiting Trial

The Cuyahoga County Jail is overflowing with inmates awaiting trial.  According to the Plain Dealer, some judges have as many as 61 inmates awaiting trial. Ohio Revised Code Section 2945.02 contains time limits for trying criminal defendants.

Should Local Jails Charge for Room and Board, More for Candy?

It seems that the nationwide trend among jails and sheriffs is to begin charging inmates for room and board and dramtically increasing prices for items like candy that inmates can buy from commissaries. As an article in the Christian Science Monitor reports, a jail in Missouri charges $45 a night for a stay in its brand new jail, and an Oregon jail just passed a $60 per night rate. While jailers do not expect to collect all of these fees, inmates are at least going to have to pay more for non-essentials like chocolate, which a Florida jail just priced 244% higher. Other states are following suits, and the article reports that the Richland County Sheriff is considering imposing a $30 booking fee, plus medical and other charges to make up a $500,000 deficit. The article notes that the inmates and their families are complaining and summarizes arguments by detractors who challenge the legality of the charges or think they will be uncollectible.

Non-Attorney in Texas Named Perry Mason Accused of Barratry

A man named Perry Mason from Houston, Texas has been criminally charged with barratry under Texas Penal Code sec. 38.12, which prohibits soliciting clients for a lawyer. The irony is that Mason is not a lawyer, but he is accused of recruiting former jail inmates who might need the assistance of a lawyer. CBS reports that Mason faces between 2-10 years in prison. Thanks for the tip from the Ohio Judicial Conference's April 22nd issue of www.fyi. Neither the Ohio Revised Code nor the Ohio Administrative Code recognize the term barratry.

Ohio's New Anti-Stalking Law Takes Effect

Ohio's new anti-stalking law went into effect yesterday, on April 7, 2009. This new law (HB 471) was passed during the 127th General Assembly and amended ORC 2903.214. The law allows judges who grant protection orders to also require defendants to be electronically monitored by the sheriff's office or another law enforcement agency. In addition, the law requires defendants to pay for the associated costs, unless they are indigent, in which case the costs will be paid by the reparations fund under ORC 2743.191. Click here for a great article from ohio.com about the Stark County situation that promoted the legislation.

Sixth Circuit Raises Compensation for CJA Counsel

Starting with March 11, 2009, Criminal Justice Act (CJA) Counsel who work on cases before the Sixth Circuit can now receive additional compensation, including $500 more, or $6,100, for representation in direct appeals and appeals from the denial of habeas corpus or section 2255 relief. The Court also increased the hourly compensation rate from $100 to $110 for non-capital representation. Finally, the maximum hourly rate for capital federal post-conviction proceedings was raised from $170 to $175. Click here to read the Court's notice, and here for CJA forms. 

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.