Legal Research

"Two Recent Ohio Supreme Court Decisions"

Expert's Testimony Without Viewing U.S. Trademark Register Insufficient to Support Counterfeiting Conviction

From the site: "2008-2490.  State v. Troisi, Slip Opinion No. 2010-Ohio-275...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-275.pdf

View oral argument video of this case.

...The Supreme Court of Ohio today ruled that a trademark-investigation expert's testimony that he is aware that certain trademarks are registered but that he has never personally viewed the trademark-registration documents is insufficient to prove by itself that the trademarks are registered on the principal register in the United States Patent and Trademark Office as required for a conviction for trademark counterfeiting under R.C. 2913.34..."

Read full text

Conviction for Escape Does Not Require State to Show Postrelease Control Was Orally Announced at Sentencing

From the site: "2008-2119 and 2008-2172.  State v. Jordan, Slip Opinion No. 2010-Ohio-281.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-281.pdf

View oral argument video of this case.

...The Supreme Court of Ohio today ruled that, to obtain a conviction for the crime of escape for violating the terms of a post-release control order, the state may prove that a defendant was subject to postrelease control without proving that during a sentencing hearing the trial court orally notified the defendant that he would be subject to postrelease control. The Court's 5-2 decision was written by Chief Justice Thomas J. Moyer..."

Read full text

Source: The Supreme Court of Ohio, 4 February 2010

Full post as published by Stark County Law Library Blawg on February 05, 2010 (boomark / email).