Thursday, December 19, 2013

OH Driving Under the Influence Law -- Baldwin's Ohio 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.

Merrick-Rippner Probate Law (2013-2014)

New features and recent developments in this update include:

  • A discussion of cases in which Ohio courts have ruled on whether a beneficiary under a will can legitimately seek clarification of a will's provisions, or request that the court review an executor's conduct, without violating and triggering an in terrorem clause.  See section 30:30

  • Coverage of Erwin v. Wanda E. Wise Revocable Trust, 2013-Ohio-952, 2013 WL 1091229 (Ohio Ct. App. 4th Dist. Scioto County 2013), in which the court ruled as to whether, in an action to enforce an oral agreement to make a devise of real estate by will, the doctrine of part performance renders inoperative the statute requiring that an agreement to make a will or to make a devise or bequest by will be in writing.

  • Discussion of My Father's House No. 1 v. McCardle, 2013-Ohio-420, 986 N.E.2d 1081 (Ohio Ct. App. 3d Dist. Marion County 2013), in which the court ruled on the standing of a widow to challenge her deceased husband's transfer of real property in view of her execution of an antenuptial agreement permitting the husband to transfer his real property to whomever he chose.  See Section 39:4

  • A model complaint for breach of fiduciary duty and interference with expectancy of inheritance.  See section 56:13.10.