Cleveland Law Library Weblog

CMBA Movie Night: I AM EVIDENCE, April 10, 2019

Produced by Mariska Hargitay of Law & Order: SVU,  the documentary I AM EVIDENCE tells the story of four survivors whose rape kits went untested for years.

Focusing on three American cities, Detroit, Cleveland & Los Angeles, the film reveals the historic nature of the way the  crime of sexual assault is treated in this country, aw well as the positive effects that occur when perpetrators are held accountable and survivors are given an opportunity for healing and justice.

Join our friends at the Cleveland Metropolitan Bar Association for 1 hour of CLE, refreshments, networking and a showing of the movie I AM EVIDENCE.

Additional information is available on their website: https://clemetrobar.org/CMBA_P…/CMBA/Events/Movie_Night.aspx

U.S. Code Gets a New Title 34 (Crime Control and Law Enforcement)

The United States Code now has a new Title 34. Although Title 34 has been empty since 1956, it is now captioned Crime Control and Law Enforcement. However, there is no new content. It is simply a reorganization of content that was previously contained in Titles 18 (Crimes and Criminal Procedure), 28 (Judiciary and Judicial Procedure), and 42 (The Public Health and Welfare). If you were looking for where the Omnibus Crime Control and Safe Streets Act of 1978 went, it was moved to Title 34. For more information on what moved to Title 34, see the Office of Law Revision Counsel's Summary.

Three Cheers for Judge Matia and the Cuyahoga County Drug Court!

Three cheers for Judge Matia and the Cuyahoga County Drug Court. A recent article on cleveland.com described the joyous graduation ceremony for 25 individuals who passed a rigorous, year-long Drug Court Program that allowed them to get clean and rebuild their lives. It will also allow them to avoid jail time and have their drug convictions expunged. The Drug Court Program has been been operating since 2009, and over 300 people have successfully passed through its doors. The mission of the Drug Court is stated on its website as:

"Stop the abuse of alcohol and other drugs and related criminal activity. Drug courts promote recovery through a coordinated response to offenders dependent on alcohol and other drugs. Realization of these goals requires a team approach, including cooperation and collaboration of the judges, prosecutors, defense counsel, probation authorities, other corrections personnel, law enforcement, pretrial services agencies, TASC programs, evaluators, an array of local service providers, and the greater community”

National Pro Bono Week Is In Full Swing Here in Cleveland with Many Programs, Including Foreclosures, Expungements, Elder Law, Pro Se Divorce and Immigration

National Pro Bono Week is in full swing here in Cleveland with many programs sponsored by the Legal Aid Society of Cleveland, the Cleveland Metropolitan Bar Association, and others. The full schedule of events occurring in Northeast Ohio has been posted by the Legal Aid Society. Highlights of this week's events include programs on foreclosures, expungements, elder law, pro se divorce, and immigration/naturalization.

Local Judge and Magistrate Issue New Edition of Book Titled Ohio Driver's License Suspensions and Reinstatement Handbook

Local Garfield Heights Municipal Court Judge Deborah J. Nicastro and local Garfield Heights Municipal Court Magistrate Robert G. Walton have issued a new edition of their online book titled Ohio Driver's License Suspensions and Reinstatement Handbook. According to the authors:

"The purpose of this Handbook is to assist practitioners in reinstating Ohio driver's licenses which have been suspended, cancelled or forfeited by an Ohio court or the Ohio Bureau of Motor Vehicles."

 

Akron Opens New Domestic-Violence Felony Court-First in Ohio

Akron is the site of Ohio's very first Domestic-Violence Felony Court. According to the Columbus Dispatch:

"The court in Akron, funded mostly by grants, will handle cases of repeat violent felonies between spouses, former spouses and other couples throughout Summit County. Among charges the court might handle are aggravated arson, rape, aggravated assault, felony menacing by stalking and kidnapping."

Apparently, the court already has 15 cases since it started on October 3rd, with a goal of adjudicating 350 cases per year. The article also indicates that "A goal [of the new court] is to keep offenders out of prison by using intensive probation that would ultimately land an offender behind bars if it’s violated."

Click here to read another article about the court from newsnet5.com.

Ohio Has Opened the Second of Two Veterans Courts in Youngstown

Ohio has opened a second veterans court in Youngstown, Ohio called the Youngstown Veterans Treatment Court. It operates out of the Youngstown Municipal Court. According to the Ohio Supreme Court's press release, the court will serve:

"the needs of those veterans suffering from a traumatic brain injury, posttraumatic stress disorder, or related issue that leads to behavior resulting in criminal charges. The new treatment court...will assist veterans charged with nonviolent misdemeanor offenses by offering mental health counseling; treatment services for alcohol and substance abuse; vocational skills advancement; and mentoring. The court also will assist with connecting veterans to the many federal resources now available through the U.S. Department of Veterans Affairs. Veterans charged with felonies that do not result in physical injury to another may also be considered for participation."

The press release also indicates that the first veterans court opened in the Mansfield Municipal Court in 2009. A good article about the new Court's purpose and role can also be found at the Youngstown Municipal Court's website.

Was Hamlet Innocent or Guilty-The Answer at a Recent Criminal Mock Trial Was Indeterminant

Was Hamlet, the famous character in Shakespeare's play of the same name, guilty of murdering Polonious? Hamlet's fate was left indeterminant in a mock trial recently held in California. U.S. Supreme Court Justice Anthony Kennedy presided over the trial, and local attorneys took the roles of the prosecutors and defense lawyers. In commenting on the 12 (sane) vs.10 (insane) decision verdict, the Justice sentenced Hamlet to "the pages of our literary heritage to challenge us and later generations to know more about you." Click here to read the article about the case.

Interestingly, local High School Padua Franciscan holds an annual trial of Hamlet in its Senior AP English class. This year, much to the consternation of the actor who played Hamlet, Hamlet was found both sane and guilty.

Local Cleveland Attorney David Mills Wins in U.S. Supreme Court

Congratulations go to local Cleveland attorney David Mills, who just scored a huge win in the U.S. Supreme Court (09-737) in the case of Ortiz v. Jordan, which the Court unanimously decided on January 24, 2011. The Supreme Court's decision reversed the 6th Circuit, which had thrown out a trial court's judgment of $625,000 in favor of Michelle Ortiz on her claim that she was sexually assaulted while in prison.  Allthough the case went to the Supreme Court on a procedural issue, it is a victory for both Mills and his client. According to news reports, Mills is being asked to speak all over the country, and his solo law practice it sure to be booming very soon. In advance of his oral argument, Mills was profiled in the November issue of the ABA journal.

Click here to read the briefs in the case, and click here to listen to the oral arguments in the case.

Ohio Supreme Court Justice O'Connor Calls for Reform of Probation System

According to the Columbus Dispatch, Ohio Supreme Court Chief Justice O'Connor calls for extensive reform of Ohio's current probation system, which she claims makes things worse for minor offenders. The article also claims that half-way houses and community-based correction claims don't do any good. Hard to believe, but the costs to use these methods is apparently very expensive.