There Is No Ambiguity in the Ohio Sentencing Statutes

In a case last week, the Third Appellate District stated that the Ohio rule of lenity did not apply to the case at appeal because the "rule of lenity" applies only where there is ambiguity in a statute or conflict between multiple states. The Court discussed the effect of the State v. Foster decision to this case. See:

State v. Corbin

The Duty of Due Care and Employer

In a case last week, the Twelfth Judicial District decided that an employer does not have the duty to prevent a "sick" employee from leaving the work premises and going home. In this case, the employee arrived at work intoxicated, left work early, and on the way home, hit and mortally injured another driver. The employer did not have knowledge that the employee was impaired by alcohol, nor did the employer encourage the employee to leave without assistance. The Court pointed out that the employer actually offered the "sick" employee a ride home, a sleeping place on a cot, and that the employer never ordered the employee to drive away from the work premises. The employer simply allowed the employee to go home. For more information, see:

Curtis v. Gulley

Denial of Responsibility Increases the Likelihood of Recidivism

The Ninth Judicial District of Ohio defined "recidivism" in a sexual predator case last week. It is important to note that the appellant was dating the mother of the child at the time of the offense, had a history of DUI, and was being investigated for another possible sexual misconduct situation. See this case:

State v. Troutman

The Definition of "Knowingly"

Last week the Court of Appeals in the Fourth Appeleate District did not have to make its decision based upon the appealed issue. Instead, the Court made its decision on the term "knowingly" as it appears in the Ohio Revised Code and is used in the Jackson City Code. Although "knowingly" seems like a reasonably easy notion to understand, the Court went out of its way to describe the use of the term and its application in several cases. See the decision here:

State v. McKinniss

Justice Scalia Strikes Again

Ah, Justice Scalia spoke, yet again, at the Federalist Society National Lawyer's Convention. I was unable to attend, so I am grateful for the posts of the event. See, for instance,

Above the Law:A Legal Tabloid.

As usual, Justice Scalia had his famous wit and dry sense of humor on display. I had the honor of meeting Justice Scalia in 2005 at a Federalist Society event. What a humble and decent man. He has a way of making a person feel, well,. . . . important!

Next year, I plan to be in Washington D.C. for this event. To my Huggins friends - expect me to drop by!!

Ohio Certified Specialist in Appellate Law

This is great! Now we can measure an appeals attorney against standards set by the Ohio Supreme Court. Unfortunately, in my travels and court observations in Ohio, it is clear that a number of appeals attorneys are (1) uncomfortable in the role, (2) unprepared for appearance at court, and/or (3) appear without having read their own (or the opposing attorney's) brief.

See these informational links:

Fields of Law Subject to Specialization Designation in Ohio

Become a Certified Specialist in Appellate Law

Commission on Certification of Attorneys as Specialists