Author Archives: Judge Deborah J. Nicastro

Digital Evidence Center at Garfield Heights Municipal Court

Posted on February 24, 2022 by Judge Deborah J. Nicastro

The frustration of discovery delays has driven me to implement a web-based digital evidence center for the Garfield Heights Municipal Court.  Discovery in criminal and traffic cases is one process that did not improve with remote hearings. Even with email exchange, I frequently have to continue cases for completion of discovery.  With ten law enforcement […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Court Technology | Comments Off on Digital Evidence Center at Garfield Heights Municipal Court

OBMV License Reinstatement Fee Amnesty Chart For Traffic Defense Attorneys

Posted on June 9, 2021 by Judge Deborah J. Nicastro

The Ohio Access to Justice Foundation has printed this infographic to explain the OBMV License Reinstatement Fee Debt Reduction and Amnesty Program. Click here DLreinstateInfographic. 

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Traffic | Comments Off on OBMV License Reinstatement Fee Amnesty Chart For Traffic Defense Attorneys

SPEEDY TRIAL CHEAT SHEET

Posted on June 9, 2021 by Judge Deborah J. Nicastro

SPEEDY TRIAL CHEAT SHEET for Criminal Defense Attorneys and Prosecutors. By Chris Greene, Esq. with assistance from Robert Walton, Esq. (5-11-21)

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Criminal, OVI, Traffic | Comments Off on SPEEDY TRIAL CHEAT SHEET

Keeping Clients Informed – Assigned-Counsel Fees

Posted on March 3, 2021 by Judge Deborah J. Nicastro

By Shaker Heights Municipal Court Magistrate Anne Walton-Keller Recently the Supreme Court of Ohio decided that a trial court, pursuant to R.C. 2941.51(D), may order a criminal defendant to pay his or her court-appointed-counsel fees without first articulating explicit findings about the defendant’s ability to pay. State v Taylor, 2020-Ohio-6786. Taylor was ordered to pay […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General | Comments Off on Keeping Clients Informed – Assigned-Counsel Fees

New Edition of the Ohio Driver’s License Reinstatement Handbook

Posted on February 15, 2021 by Judge Deborah J. Nicastro

Judge Nicastro and Robert Walton published the 6th Edition of the Ohio Driver’s License Reinstatement Handbook today.  The new edition explains the Ohio Bureau of Motor Vehicles’ permanent debt reduction and amnesty program, omits several repealed suspensions and summarizes some relevant case law.  Although limited, the case law in this area is illuminating. State v. […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> License Reinstatement | Comments Off on New Edition of the Ohio Driver’s License Reinstatement Handbook

Driving on the Fog Line is Not Reasonable Suspicion for a Traffic Stop

Posted on January 14, 2021 by Judge Deborah J. Nicastro

By Magistrate Anne Walton Keller, Shaker Heights Municipal Court On December 22, 2020 the Supreme Court of Ohio resolved a conflict amongst courts of appeal regarding traffic law by deciding State v. Turner, 2020-Ohio-6773.  The 12th District Court of Appeals certified the issue in conflict as: “Does an officer have a reasonable suspicion to conduct […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Traffic | Comments Off on Driving on the Fog Line is Not Reasonable Suspicion for a Traffic Stop

Bond Reform and Crim. R. 46 Changes

Posted on August 27, 2020 by Judge Deborah J. Nicastro

By Magistrate Anne Keller of the Shaker Heights Municipal Court On July 1, 2020 significant changes to Crim. R. 46 became effective. Even the title was changed. Now titled, “Pretrial Release and Detention,” some of the changes to the Rule are due to the need to remove the disparity caused by financial conditions of bond.  […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Criminal | Comments Off on Bond Reform and Crim. R. 46 Changes

The Statutory Definition of “Operate” Applies to Operating Under the Influence and Operating Under a License Suspension

Posted on August 6, 2020 by Judge Deborah J. Nicastro

The First District Court of Appeals recently established that the same statutory definition of “operate” applies to both OVI and DUS. R.C. Title 45 governs motor vehicles. The entire title contains only one definition of the word “operate”. That definition is found in R.C. 4511.01 (HHH). According to the introductory language to the definitions in […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> OVI | Comments Off on The Statutory Definition of “Operate” Applies to Operating Under the Influence and Operating Under a License Suspension

What Is Happening With Traffic Cameras?

Posted on July 1, 2020 by Judge Deborah J. Nicastro

With litigation pending all over Ohio about traffic cameras and the 2019 statutes governing traffic camera programs, we are all having difficulty keeping track of the issues and court decisions surrounding these issues. Here is where Cuyahoga County is, in a nutshell, as of July 1, 2020.

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General | Comments Off on What Is Happening With Traffic Cameras?

Welcome to municourtnotes.net

Posted on April 20, 2020 by Judge Deborah J. Nicastro

Traditionally, Ohio municipal courts are hectic places with attorneys running in and out trying to move from courtroom to courtroom in response to conflicting schedules and demanding clients.  Rarely do we have time to talk among ourselves about points of law or subjects of common interest in the municipal court practice.  With the current COVID-19 […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General | Comments Off on Welcome to municourtnotes.net