The Simple Will in Ohio 2014-2015

Click here to view the publication highlights from the latest issue of The Simple Will in Ohio (Lexis/Nexis) including revisions of Chapter 3 on Drafting Considerations.  

Search and Seizure 5th ed by Wayne R. LaFave -- 2014-2015 pocket parts

The 2014-2015 pocket parts have been issued for Search and Seizure 5th ed. by LaFave.  The publication update may be viewed at this link.

Caselaw is set free. What Next?

A summary of efforts to provide case law free of charge with particular attention to Google's participation through Google Scholar is found in this entry (Oct. 20, 2014) from the Google Scholar Blog.

Lindey and Parley on Separation Agreements and Antenuptial Contracts, 2d

This publication was updated October 2014 and includes revised chapters on Child Custody, Spousal Support, and Agreement Binding.  Click here to view the publication update.

Tax Planning for Partners, Partnerships, and LLCs (Release 33)

This title was updated in October 2014.  Follow this link for the publication's update information. 

Rails-To-Trails: Conversion of Railroad Corridors to Recreational Trails

Chapter 78A of Powell on Real Estate was revised in September 2014.  This 132 page treatise provides a comprehensive overview of the use of railroad corridors as recreational trails, or other public uses, when they are not being used for trains.  View this link for the introduction and synopsis. The complete publication is available at the law library. 

Criminal Law Deskbook (Release 30 - August 2014)

These chapters have been completely updated to reflect new changes in case law and analysis:

Chapter 3, Substantive Crimes and Their Elements
Chapter 11, Plea Bargaining and the Guilty Plea
Chapter 12, Preparation for Trial

Ohio Employment Practices Law -- Baldwin's Ohio Handbook Series (2014)

Recent developments in the 2014 edition include:

• Discussion of the legality of an employee discharge over an employee's social media posts, including coverage of the recent National Labor Relations Board case Butler Medical Transport, LLC, 2013 WL 4761153 (N.L.R.B. Div. of Judges 2013). See section 10:10.

• Coverage of the decision of the United States Supreme Court in the case of US Airways, Inc. v. McCutchen, 133 S. Ct. 1537, 185 L. Ed. 2d 654, 55 Employee Benefits Cas. (BNA) 1845 (2013), in which the Court resolved the circuit split on whether "equitable defenses" could override an ERISA plan's reimbursement provisions. See section 14:2.

Ohio Planning and Zoning Law -- Baldwin's Ohio Handbook Series (2014)

New features and recent developments covered in the 2014 edition include:

• Boice v. Ottawa Hills, 137 Ohio St. 3d 412, 2013-Ohio-4769, 999 N.E. 2d 649 (2013), in which the Ohio Supreme Court addressed a property owner's vested right in a lot's status as buildable. See section 7:1.

• Koontz v.St. Johns River Water Management Dist., 133 S. Ct. 2586, 186 L.d. 2d 697, 76 Env't Rep. Cas. (BNA) 1649 (2013), in which the United States Supreme Court clarified the constitutional tests involved when a government demands either money or land from a land use permit applicant.  See sections 10:5 and 11:21.

Ohio Trial Practice -- Baldwin's Ohio Handbook Series (2014)

New features and recent developments in this 2014 edition of Ohio Trial Practice include:

• Does the fact that a prosecutor breached a plea agreement to not speak on the issue of sentencing entitle a defendant to withdraw his guilty plea? See State v. Graham, 2013-Ohio-600, 2013 WL 659094 (Ohio Ct. App.5th Dist. Delaware County 2013), discussed in Section 4:33.

• Should a trial court suppress a recording of a conversation between defendant and his mother in a closed interview room? See State v. Williams, 2013-Ohio-5076, 2013 WL 6081535 (Ohio Ct. App. 11th Dist. Trumbull County discussed in Section 29:2.

• Can a court seal the records for a dismissed charge that arises as the result of the same act that supports a non-sealable conviction? See State v. Pariag, 137 Ohio St. 3d 81, 2013-Ohio-4010, 998 N.E. 2d (2013), discussed in Section 39:27.

Attorney's Guide to Defending Veterans in Criminal Court

The Ohio Consortium of County Law Libraries is providing county law libraries with this publication from the Veterans Defense Project.  The book is now available in the Wayne County Law Library. 

Ohio Arrest, Search and Seizure -- Baldwin's Handbook Series (2014)

Recent developments covered in the 2014 edition include:

• May police, following an arrest for a serious offense based on probable cause, routinely take and analyze a DNA swab from the arrest?  See Maryland v. King, 133 St. Ct. 1958, 186 L. Ed. 2d 1 (2013), discussed in Section 9:11.

• Does reading a letter found in a car fall within the terms of a defendant's consent to search the car?  See Winfield v. Trottier, 710 F. 3d 49 (2d Cir. 2013), discussed in Section 20:9.

• Does the failure to use a "blind" administrator in showing a photo array warrant suppression of an identification?  See State v. Simpson, 2013-Ohio-1072, 2013 WL 1189227 (Ohio Ct. App. 2d Dist. Montgomery County 2013), discussed in Section 26:2.

• See Section 1:1 for a full listing of new topics discussed in this edition.

Ohio Attorney General Opinions now available online for free back to 1846

According to a press release, Ohio Attorney General Opinions are now available online for free back to 1846. Search options include browsing by year or decade or searching by topic. According to the AG's website, "[a]n Attorney General opinion is an official statement of the Attorney General’s views on a legal question.  An Attorney General opinion may also be referred to as a “formal opinion.”" 

From the Cleveland Law Library Blog (June 2, 2014)

Qualified Domestic Relations Order Handbook

Click here for information on the 2014 publications update to Qualified Domestic Relations Order Handbook.

Child Custody Practice and Procedure

New features and recent developments in this 2014 edition include:

• New and updated cases and references in all chapters, including discussion of the Supreme Court's recent Indian Child Welfare Act of 1978 decision in Adoptive Couple v. Baby Girl (133 S. Ct. 2552 (2013)) Section 3:5
• Revised Section 14:2 discussing the decision to appeal in custody disputes

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)