-
-
Recent Posts
- CAR SEARCHES ARISING OUT OF TRAFFIC STOPS AND THE VOLUNTARINESS OF CONSENT TO SEARCH
- New Speedy Trial Clock for New Charges Based on Lab Results
- DUS Requires Movement
- Providing a Good Defense – Obtaining Discovery and Public Records
- The Community Caretaking Doctrine and Fourth Amendment Reasonableness
Categories
Archives
Author Archives: Judge Deborah J. Nicastro
Digital Evidence Center at Garfield Heights Municipal Court
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
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
SPEEDY TRIAL CHEAT SHEET for Criminal Defense Attorneys and Prosecutors. By Chris Greene, Esq. with assistance from Robert Walton, Esq. (5-11-21)
Keeping Clients Informed – Assigned-Counsel Fees
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
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The new edition explains the Ohio Bureau of Motor Vehicles’ permanent debt reduction and amnesty program, omits several repealed suspensions and summarizes some relevant case law.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
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
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
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?
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
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