> April, 2016 | Daniel F. Gigiano Co., L.P.A.
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Archive for April, 2016

Punitive Damages Award Against Dead Person Allowed

In 2016, the Ohio Supreme Court ruled that a punitive damages award against dead person allowed.  The deceased person’s estate can be held responsible for punitive damages if a trial court awards such damages against the decedent, cutting into the share of the estate the heirs can receive. (more…)

DUI Blood Testing Requirements

On February 10, 2016, the Ohio Supreme Court issued a decision on DUI blood testing requirements. In this latest case, the Ohio Supreme Court had to decide if the police substantially complied with the Department of Health regulations.  The substantial compliance standard was created by the Ohio Supreme Court years ago.  Some argue that the substantial compliance standard provides rational flexibility while others argue that it allows court to ignore serious forensic errors by the police.

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Misdemeanor Concurrent Sentences Mandatory

When one is sentenced on both a felony and a misdemeanor, the Ohio Supreme Court has determined misdemeanor concurrent sentences mandatory with felony sentences. In a decision entered recently this year, this Ohio Supreme Court resolved conflicting opinions among the lower courts on this issue.  Consecutive sentences are served one right after the other, with no double credit for any of the time served.  Two six month sentences would add up to a year if they ran consecutive to one another.  Concurrent sentences are served at the same time.  Two six month sentences would add up to only six months if they ran concurrent to one another.

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New Ohio Criminal Mental State Requirements

In 2014, the Ohio Legislature passed into law new Ohio criminal mental state requirements. This new law required any criminal laws passed after December 19, 2014, to contain a mental state or a guilty mind as an element of the offense.  This means the new crime must include the requirement that the accused committed the act recklessly, knowingly or intentionally.  Acting recklessly, knowingly or intentionally is acting with the mental state required as part of the offense.

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Ohio Appeal Rights

If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.  

Ohio Appeal Rights To Appeal The Magistrate

    If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside.  This must be filed within ten days of the order.  Filing this motion does not automatically stop the order from taking effect.  If the magistrate issued a decision, you have the right to object to the decision.  The objection automatically stops enforcement of the decision.  Unfortunately, this includes the parts you may like along with the parts to which you have objections.  The objection must be filed within fourteen days of the filing of the magistrate’s decision. (more…)

Ohio Paternity Parentage Cases

Ohio child custody rights of unmarried parents are decided in Ohio paternity parentage cases, which includes requests for legal custody, parenting time and/or shared parenting. In Ohio, an unmarried mother has sole legal custody of a child born outside of marriage.  The father has no legal rights to the child until he requests the court to issue orders establishing a father-child relationship and an order for parenting time.

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