cases and materials on criminal law

• State v. Mays, (Ohio 2012)

The trial court did not err by entering a judgment of conviction of Appellant for felony murder in violation of R.C. 2903.02(B), based on the predicate offense of felonious assault that proximately resulted in death. Ohio does not recognize the felony-murder rule’s independent-felony or merger limitation, which in some jurisdictions prevents felonious assault from serving as the underlying offense. The trial court’s decision to impose consecutive prison terms was not based on prohibited findings and is not unreasonable, arbitrary, or unconscionable. But, the trial court did err by imposing court costs in the termination entry without imposing them at the sentencing hearing because the Appellant did not have an opportunity to seek a waiver. And, the trial court erred by using the termi...

...MAYS      :  (Criminal Appeal from    :  (Common Pleas Court)  Defendant-Appellant  �... 1465 (1994); see Dressler, Cases and Materials on Criminal Law, Chapter 7,  Section (D)(1)(a), a...

• Ohio Supreme Court

• Strange Bedfellows: Criminal Law, Family Law, and the Legal Construction of Intimate Life

Introduction. II. Crime And The Family: The Traditional Narrative. III. The Private Life Of Criminal Law. IV. Strange Bedfellows: Criminal Law And Family Law In State v. Koso. A. The Facts. B. Revealing Criminal Law And Family Law's Cooperative Regulation. C. Producing A Binary View Of Intimate Life. 1. The Prosecution. 2. The Public. 3. The Defense. 4. The Court. D. Reflecting On Koso. V. The Turn Towards Decriminalization. A. Affirming A Binary View Of Intimate Life-Griswold And Loving. 1. Griswold v. Connecticut. 2. Loving v. Virginia. B. Beyond The Binary-Eisenstadt And Lawrence. 1. Eisenstadt v. Baird. 2. Lawrence v. Texas. VI. Sex Without Law?. A. The Persistence Of A Binary View Of Intimate Life. B. The Problem Of Boundary Erosion. C. Reconstituting The Binary Within The Space...

...More recently, however, cases like Eisenstadt v. Baird 110 and Lawrence v. Te... rape law); JOSHUA DRESSLER, CASES AND MATERIALS ON CRIMINAL LAW 436-37 (3d ed. 2003) (discussing m...

• Iowa Law Review
• Nbr. 94-4, May 2009

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

... (DOJ) to prosecute public corruption cases for political purposes.13 Although Congress may no... time to board activities, review materials prepared for board meetings in advance of those me...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• Md. Court of Appeals Limits Dna Collection: Cold-Case Rape Conviction Reversed

Maryland's top court on Tuesday dealt a near-knockout blow to a state law that permits police to collect DNA samples from anyone arrested for a violent crime or attempting to commit one. In a 5-2 decision that reversed a cold-case rape conviction, the Court of Appeals said the 2008 Maryland DNA Collection Act passes constitutional muster only when collecting a genetic sample is the only way police can identify the suspect for that arrest. Other purposes, such as comparing the DNA sample to evidence from unsolved crimes, violate the protection against warrantless searches. Gov. Martin O'Malley assailed the decision and said the state might appeal to the U.S. Supreme Court. "The concept is simple: When we increase the library of DNA samples in our state, we solve more crimes," O'Malley sa...

• The Daily Record (Baltimore)
• May 01, 2012

• Other International Efforts

NEW YORK, July 18, 2011 /PRNewswire/ -- While Foreign Corrupt Practices Act (FCPA) prosecutions in the United States continued apace, the first half of 2011 showed some signs that judicial decisions and congressional scrutiny were leading to more - or, in some cases, less - clarity concerning the scope of the statute and the government's enforcement policy, according to global law firm Shearman & Sterling's semiannual report, "Recent Trends and Patterns in FCPA Enforcement," part of the firm's widely distributed FCPA Digest. Although the US government continues to collect record and headline-making fines in some FCPA prosecutions, the average corporate penalty continues to be relatively moderate, the analysis found. At the same time, overseas developments, particularly the coming into f...

... the SEC and result in more civil - and criminal - enforcement actions. "There are always a number ... by retrieving in-depth, original source materials and summaries based on category type, location, fi...

• U.S. Newswire
• July 18, 2011

• Miller v. Alabama, 567 U.S. (2012)

... obscenity,defamation, speech integral to criminal conduct, so-called "fightingwords," child pornogra...The Government argues that cases such as HustlerMagazine, Inc., v. Falwell, 485 U...15, 2011) (all Internet materialsas visited June 25, 2012, and available in Clerk of C...

• U.S. Supreme Court

• American Tradition Partnership, Inc. v. Bullock, 567 U.S. (2012)

... obscenity,defamation, speech integral to criminal conduct, so-called "fightingwords," child pornogra...The Government argues that cases such as HustlerMagazine, Inc., v. Falwell, 485 U...15, 2011) (all Internet materialsas visited June 25, 2012, and available in Clerk of C...

• U.S. Supreme Court

• National Federation of Independent Business v. Sebelius, 567 U.S. (2012)

... obscenity,defamation, speech integral to criminal conduct, so-called "fightingwords," child pornogra...The Government argues that cases such as HustlerMagazine, Inc., v. Falwell, 485 U...15, 2011) (all Internet materialsas visited June 25, 2012, and available in Clerk of C...

• U.S. Supreme Court

• Why Turkey Should Take Another Step Forward Against Counterfeiting And Sign Acta (Anti-Counterfeiting Trade Agreement)?

... and legitimate businesses, and in some cases, provides a source of revenue for organized crime ...More importantly, the current civil and criminal enforcement and border measures that are sought be... into custody suspect goods and of materials and implements relevant to the act of infringement...

• Mondaq Business Briefing
• Nbr. 2012, January 2012

• From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.

... of race in the apprehension of criminal suspects. . Part 1 of the Article derives the anti... spent more than $1,000 to purchase the materials and pay his neighbor to read them on tape so he co...

• Yale Law Journal
• Vol. 120 Nbr. 6, April 2011