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September 2020 Archives

Golf Cart Injuries: Who is Responsible?

Golf carts are now frequently being used off the course. We see golf carts used in neighborhoods, airports, malls, beaches, and schools, but manufacturers are making and selling tens of thousands of golf carts per year without essential basic safety features.

When an Accused is Charged With a Crime, is the State Permitted to Introduce Evidence of the Accused's Prior Bad Act at the Trial to Attempt to Show the Accused is Likely to Commit Bad Acts and is Therefore Guilty of the Crime in Question?

No. Ohio Rule of Evidence 404(B) outlines a limited set of circumstances during which a prosecutor can attempt to introduce prior bad acts. A prosecutor cannot use a accused's prior bad act to show the accused has a tendency to act wrongfully and from that, attempt to prove the accused therefore must have engaged in wrongful conduct that gave rise to the crime at issue. Instead, a prosecutor may, with the court's permission, use evidence of a prior bad act where the prior bad act would attempt to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Recently, the Ohio Supreme Court explained this evidentiary rule and applied it a set of facts involving sexual assault.

Can a Defendant Sentenced to Prison Get Jail-Time Credit for House Arrest After Sentencing?

According to the Ohio Supreme Court, the answer is "no." This month, the Ohio Supreme Court issued its decision in State v. Reed, Slip Opinion No. 2020-Ohio-4255. In Reed, the defendant was found guilty of a felony and given five years of community control with a suspended five year prison sentence. After the defendant violated the terms of his community control multiple times, he was placed on house arrest and electronic monitoring. Ultimately, when he admitted to the violations two years from his original community control sentence, the court imposed the suspended five year prison term. The defendant appealed the decision to the Sixth District Court of Appeals, arguing his sentenced should have been reduced because he should have received jail-time credit for the time served on house arrest and electronic monitoring.

The Little Miami High School Flag Controversy - Protected Speech or a Legitimate Penalty Flag for Inappropriate Expression?

To answer the question of whether the administrators at Little Miami High School had the right to prohibit speech that supports fallen firefighters and police officers who risked and sacrificed their lives on September 11, 2001, we must first understand the First Amendment and Supreme Court case law related to student speech.

$1 Million, Insurance Policy Limits, Recovered for Woman Injured by Dog Bite

A few lessons can be learned from this case. First, a smart business owner should always have at least a million-dollar insurance policy. Second, the lawyer you choose for a serious injury or death case will greatly impact the amount of money recovered and the time it takes to recover the money.

Does Post-Conviction House Arrest Count For Jail Time Credit?

In an update to our previous post on this topic found here: https://www.rittgers.com/blog/2018/05/does-post-conviction-house-arrest-count-for-jail-time-credit.shtml; the Ohio Supreme Court recently held that a defendant is not entitled to days he or she spent in postconviction house arrest. In Ohio v. Reed, 2020-Ohio-4255, the defendant was placed on five years of community control and given a five year suspended prison sentence. Defendant subsequently violated that community control and was placed on house arrest. He was subsequently placed on electronic monitoring after new charges were filed against him.

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Rittgers & Rittgers, Attorneys at Law

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