Briefs

Amicus Briefs

In the Matter of: T.M. Ohio Supreme Ct. Case No. 2007-2317.  Compelling a parent to admit to the abuse of a child, as a requirement under a case plan for reunification of the child with the parent, is a violation of the parent's constitutional right to remain silent, as guaranteed by the Fifth Amendment to the United States Constitution. The Ohio court of appeals upheld the case plan for reunification conditioning reunification upon the father confessing to the criminal offense of child abuse. Oral argument was presented to the Court on June 24, 2008. The Court dismissed the case as improvidently granted.

Crager v. Ohio, United States Supreme Court Case No. 07-10191 (Amicus Brief in support of Crager's Petition for Writ of Certiorari). The Court should grant review of Crager’s case and hold that evidence of forensic testing, and DNA testing in particular, is “testimonial” within the meaning of Crawford v. Washington, 541 U.S. 36 (2004). Petitioner Crager’s case presents the Crawford issue in the context of DNA evidence, which presents more significant confrontation issues than does run-of-the-mill forensic evidence. The case is pending.

State v. Chandler, Ohio Supreme Ct. Case No. 2004-1325. A substance offered for sale must contain some detectable amount of the relevant controlled substance before a person may be sentenced as a major drug offender under R.C. 2925.03(C)(4)(g). Decision, 109 Ohio St.3d 223, 2006-Ohio-2285. Win.

State v. Davis, Ohio Supreme Ct. Case No. 2007-325.  The opportunity to file a discretionary appeal to the Supreme Court of Ohio does not create a res judicata bar to filing an Application to Reopen under Appellate Rule 26(B) claiming ineffective assistance of appellate counsel.  Decision, Slip Op. No. 2008-Ohio-4608. Win.

State v. D.H., Ohio Supreme Ct. Case Nos. 2007-291, 2007-0472.  In a Serious Youthful Offender proceeding, the juvenile has a right to trial by jury.  Therefore, the statute that requires the juvenile court judge, rather than the jury, to make factual findings in order to impose an adult criminal sentence upon the juvenile, is unconstitutional under State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, and Blakely v. Washington (2004), 542 U.S. 296.

State v. Evans, Ohio Supreme Ct. Case No. 2008-1608.  Relates to State v. Davis, below.  The amicus brief asks the court to accept the case and decide it in light of State v. Davis.  The case is pending.

State v. Hill, Ohio Supreme Ct. Case No. 2007-606.  Once a prisoner successfully completes the in-prison portion of the Intensive Prison Program, the trial court cannot revoke permission to participate in the program.  The case was dismissed on procedural grounds.

State v. Roddy, Ohio Supreme Ct. Case No. 2007-1640.  Roddy is an appeal by the State of Ohio from a trial court's decision granting a judgment of acquittal. The Cuyahoga County Court of Appeals dismissed the State's appeal, concluding that it was appealing a final verdict of aquittal and sought an advisory opinion. The OPD's Roddy amicus brief in the Ohio Supreme Court argues that neither the statute governing appeals by the state nor the Ohio Constitution permit the state to appeal a point of law, when the appellate court's opinion would have no effect on the trial court's judgment. The Roddy case has been fully briefed and argued, and is awaiting a decision.

State v. Sanchez, Ohio Supreme Ct. Case Nos. 2008-215 and 2008-249.  Ohio's Major Drug Offender add-on sentence violates the right to a jury trial.  The State's appeal was dismissed as improvidently allowed.

State v. Schlee, 117 Ohio St.3d 153, 2008-Ohio-545. A trial court may recast a criminal defendant’s motion for relief from judgment under Civil Rule 60(B) as a postconviction petition, but only if it follows certain procedural safeguards. The Supreme Court held that the trial court properly recast the motion as a postconviction petition, given the nature of the claims Mr. Schlee asserted in his Civil Rule 60(B) motion. The result is mixed; while the Court affirmed the trial court's recasting Schlee's petition without the procedural safeguards advocated in the amicus brief, it affirmed the applicability of Civil Rule 60(B) in the criminal context.

State v. Silverman, Ohio Supreme Ct. Case No. 2008-582.  When the alleged victim of a child rape dies before trial, the State must still meet its burden to demonstrate that the child was competent to testify in order to use the child's statements at trial.  The case also concerns how the State can meet that burden.  The case is pending.

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