Thursday, March 13, 2014

Courtroom Persuasion (2d) by Russ Herman

This 2013-2014 update includes Chapter 8A Storytelling in Direct Examination of Fact Witness.  When well done, direct examination is more persuasive than cross-examination.  Learn form a master of the art as he shares his techniques for direct examination of a fact witness.

Sowald & Morganstern Domestic Relations Law (Baldwin's Ohio Practice Series)

Recent developments in the 2013-2014 updates include:

  • Coverage of Civil Rule 65, under which a court may refer to a magistrate civil protection order proceedings under R.C. 3113.13, R.C. 2151.34, and R.C. 2903.214.  See section 31:16.

Equitable Distribution of Property (Third Edition)

New features and recent developments in this 2013-2014 update include:

  • New discussion of tracing issues involving sick and vacation leave (section 5:11)
  • New discussion of comp time as marital property (section 5:11)
  • New discussion of whether individual retirement accounts (IRAs) are subject to ERISA, such that a QDRO must be obtained when IRA benefits are directly divided (section 6:18)
  • Revised discussion of whether use of marital funds to pay living expenses incurred after the date of classification constitutes dissipation of marital property (section 6:105)
  • New discussion of whether equitable distribution is available following a foreign divorce decree from a country that does not divide marital property upon divorce (section 9:20)
  • Additional case law discussing enforcement of express and implied hold-harmless obligations regarding marital debts after one spouse's direct liability to the creditor has been discharged in bankruptcy (section 9:22)

Thursday, December 19, 2013

OH Driving Under the Influence Law -- Baldwin's Handbook Series (2013-2014)

New features and recent developments in this edition include:

  • A new sample request for notice of intention to use evidence and discovery demand.  See section 5:14

  • Discussion of Missouri v. McNeely, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), holding that the natural metabolization of blood alcohol in a defendant's bloodstream does not present a per se exigency justifying an exception to the Fourth Amendment warrant requirement for nonconsensual blood testing. See section 6:3

  • A discussion of Drug Recognition Expert (DRE) training for police officers acting as expert witnesses.  See section 13:18

Ohio Landlord Tenant Law - Baldwin's Handbook Series (2013-2014)

Recent developments in this edition include:

  • Coverage of Parker v. Salvation Army, 2012-Ohio-2069, 971 N.E. 2d 995 (Ohio Ct. App. 8th Dist. Cuyahoga County 2012), in which the court determined that the Salvation Army's provision of temporary housing to homeless persons was an "emergency shelter facility" exempt from the Ohio Landlord Tenant Act provisions prohibiting self-help eviction. See section 13:1

  • What remedy does a homeowner have when tenants in a nearby apartment building play loud music and host frequent loud parties?  See section 5:9

Wednesday, December 18, 2013

Ohio Appellate Practice - Baldwin's OH Handbook (2013-2014)

New features and developments in the 2013 - 2014 edition include:

  • A new section (2:3) on special rules in magistrate cases for requirements of form and clarity of the final order

  • Expanded discussions of mootness and ripeness on appeal (Section 7:2), preserving error in magistrate cases (section 7:5), and appeals to civil-service commissions (section 9:58)

  • A new section (9:66) on appeals to the Oil and Gas Commission

Tuesday, December 10, 2013

Local Government Law -- Township (2013-2014)

New features and recent developments include:

Under R.C. 2744.02(B)(3), sidewalks are not considered public roads so townships are  immune to liability if the injury occurs on a sidewalk.  See Wilson v. Cleveland, 2012-Ohio-4289, 979 N.E.2d 356 (Ohio Ct. App. 8th Dist. Cuyahoga County 2012), discussed in Section 7:19.

The action of a board of zoning appeals in reviewing an application for conditional use is a quasi-judicial function and therefore the Sunshine Laws do not apply to executive session deliberations on such applications.  Se In re Application for Additional Use of Property v. Allen Twp. Zoning Bd. of Appeals, 2013-Ohio-722, 2013 WL 785060 (Ohio Ct. App / 6th Dist. Ottawa County 2013), discussed in Section 30:25.

New section concerning removal of an underground storage tank system.  See section 38:14.50.

New section discussing transfer of ownership of a cemetery under R.C. 517.271.  See section 35:16.