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Full-Text Articles in Law
Appellate Review Under The New Felony Sentencing Guidelines: Where Do We Stand , Mark P. Painter
Appellate Review Under The New Felony Sentencing Guidelines: Where Do We Stand , Mark P. Painter
Cleveland State Law Review
Now that it has been more than four years since Senate Bill 2 became effective, this is a good time to analyze the cases to see where courts stand in their interpretations of the guidelines. This article will review the case law and show how different courts have dealt with the legislation. My analysis concentrates on one aspect of the guidelines in particular: the standard of review that appeals courts have used to determine the propriety of sentences. To illustrate my points, I focus on the issue of when judges can impose maximum prison sentences under the guidelines, one of …
Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance
Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance
Cleveland State Law Review
To resist arrest is a crime. But is it a crime if the arrest resisted is unlawful? More particularly, is a lawful arrest an issue in a trial for resisting arrest? This inquiry invokes the constitutional due process problem of proof illustrated in Hoover v. Garfield Heights Municipal Court, decided in September 1986 by the United States Court of Appeals for the Sixth Circuit. Section II discusses the Hoover case, and then Section III delves into the issue of a right to resist an unlawful arrest. Section IV explains that an unlawful arrest is authorized when there is a legislative …
Threats As Criminal Assault, Ranelle A. Gamble
Threats As Criminal Assault, Ranelle A. Gamble
Cleveland State Law Review
Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …