On April 27, 2020, the U.S. Supreme Court punted on deciding the constitutionality of a New York City law restricting guns outside the home. The decision arose from a New York City law that barred the transport of firearms licensed for possession in the home, to any...
Month: April 2020
Avoiding Criminal Penalties in Connection with the Paycheck Protection Program
The Paycheck Protection Program (PPP) is a forgivable loan program created by the Federal CARES Act. The purpose is to help eligible small businesses, who are affected by the COVID-19 pandemic, keep employees on the payroll. In this program, small businesses are...
Landmark Rape Shield Law Ruling Made by Ohio Supreme Court
A unanimous decision by the Ohio Supreme Court has held that Ohio's rape-shield law prohibits an accuser's consensual and non-consensual sexual activity from being admitted as evidence against the accuser, in rape cases. In an opinion released April 22, 2020, the high...
Ohio Courts Respond to COVID-19
On March 9, 2020, Ohio Governor Mike DeWine declared a State of Emergency due to the COVID-19 pandemic. On March 19, 2020, Ohio Supreme Court Chief Justice Maureen O'Connor, issued a formal guidance to local courts which provided recommendations for courts to consider...
Supreme Court Bans Non-Unanimous Jury Verdicts for Serious Crimes
On April 20, 2020, the U.S. Supreme ruled that the United States Constitution bans non-unanimous jury verdicts in cases involving serious crimes. There are only two states, Louisiana and Oregon, that have allowed such verdicts in recent years. Both states had...
COVID-19 and the New Criminal Law Office
The COVID-19 is changing the way we all live and work. That includes the practice of criminal law. More working from home, less working at the office. More digital payments, less cash. For most criminal trial lawyers, there is a pause on most courtroom appearances...
First Business Charged With Violating Ohio’s Stay Home Order
On April 11, 2020, Cleveland Police issued what may be the first charge against a business owner, for violating the Governor's Stay-Home Order. Cleveland police entered a beauty shop supply store at approximately midnight, and reportedly found 6 customers inside, and...
Early Release Petitions for State Inmates Under the COVID-19 Crisis
The COVID-19 pandemic has created a clear and present danger for those incarcerated. The reality is that in prison or jail, social distancing is impossible, hygiene is often substandard, and good medical is non-existent. With those things in mind, what can criminal...
2020 CARES Act Applies to Federal Inmates
On March 27, 2020, President Trump signed in to law the CARES Act., which primarily provided economic relief to American businesses, tax rebates to individuals and families, and the temporary suspension of student loan payments. However, tucked away deep inside the...
COVID-19 STAY-HOME ORDERS
In our previous posts, we discussed stay-home orders which are now in effect in nearly all 50 states. Today, we will explore what happens when a person tests positive for COVID-19, in terms of state department of health orders. A positive test is typically reported to...