Legal Research

Two Recent OSC Decisions of Interest

Court Agrees With AG's Reading of Law Banning Electronic Transmission of Pornography to Minors

From the site: "2009-0609.  Am. Booksellers Found. for Free Expression v. Cordray, Slip Opinion No. 2010-Ohio-149...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-149.pdf

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The Supreme Court of Ohio today agreed with the state attorney general's interpretation that a state law banning electronic transmission to minors of pornography or other material "harmful to juveniles" applies only to personally directed communications such as instant messaging, person-to-person emails and private chat rooms, and exempts from liability material that is posted on generally accessible websites and in public chatrooms."

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Court Rules Felonious Assault, Attempted Murder Are 'Allied Offenses' Subject to Single Sentence

From the site: "2008-2037. State v. Williams, Slip Opinion No. 2010-Ohio-147...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-147.pdf

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The Supreme Court of Ohio ruled today that pursuant to Ohio's multiple-count statute:

• a defendant's conviction for felonious assault based on causing serious physical harm [R.C. 2903.11(A)(2)] is an allied offense of an attempt to commit murder while committing an offense of violence [R.C. 2903.02(B) and 2923.02],
•  a defendant's conviction for felonious assault based upon causing or attempting to cause physical harm by means of a deadly weapon [R.C. 2903.11(A)(2)] is an allied offense of attempted murder [R.C. 2093.02(B)], and
•  therefore these respective counts of felonious assault merge with the respective counts of attempted murder."

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Source: The Supreme Court of Ohio, 27 January 2009

Full post as published by Stark County Law Library Blawg on January 28, 2010 (boomark / email).