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Cleveland Federal and Ohio Criminal Law Blog

Federal Criminal Law: 11th Circuit's "Private Search Doctrine" of Computers Decision Follows 6th Circuit's Lichtenberger Decision

On December 1, 2015, the 11th Circuit issued its State v. Johnson, No. 14-12143 decision holding that law enforcement's review of any data or file not actually viewed by the private party exceeds the private search doctrine scope and violates the Fourth Amendment.

Federal Legislation Introduced to Address "Overcriminalization" By Codifying Criminal Intent Requirement

On the heels of the Sentencing Reform Act of 2015's introduction in early October aimed at reforming drug offenses mandatory minimums, last week both the United States House of Representatives and Senate introduced legislation to further address the Federal criminal code's "overcriminalization".

Cuyahoga County Court of Common Pleas Grand Juries Indicted over 11,000 individuals in 2014

According to Mark Gillispie's October 21, 2015 News Herald article entitled "An explanation of a grand jury panel", last year Cuyahoga County grand juries found that the prosecution had met its probable cause burden to indict over 11,000 individuals and that the prosecution had not met is burden to charge only 326 times.

Criminal Defense Attorneys Can Now Better Determine A Criminal Conviction's Immigration Consequences

On April 10, 2015, then-United States Attorney General Eric Holder executed an order, which precludes immigration judges from considering evidence outside of the record of conviction in order to determine whether a non-citizen was removable on the basis of a conviction for a "crime involving moral turpitude"

The Justice Department Will No Longer Provide Individuals Protection From Criminal or Civil Liability for Corporate Misconduct

On September 9, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 United States Attorneys across the country advising that corporate investigations shall begin with a focus on individual misconduct and build out to the larger corporate misconduct.

United States District Court Judge Grants Rare Federal Conviction Expungement/Sealing Motion - Part II

As a follow up to our July 6th blog post in which we detailed United States District Court for the Eastern District of New York Judge John Gleeson's granting an Expungement/Sealing Motion, this post will focus on the United States Circuit Court of Appeals circuit split regarding Federal Courts' inherent power and ancillary jurisdiction to expunge criminal records.

United States District Court Judge Grants Rare Federal Conviction Expungement/Sealing Motion - Part I

On May 21, 2015, United States District Court for the Eastern District of New York Judge John Gleeson granted the Expungement/Sealing Motion of a Haitian immigrant, mother of four, who's been unable to maintain employment as a result of her 2002, 18 U.S.C. § 1347, Health Care Fraud, conviction.

United States Supreme Court - Felons May Sell and/or Give Guns to Independent Third Parties

In Henderson v. United States, a unanimous Supreme Court reversed the Eleventh Circuit Court of Appeals and held that 18 U.S.C. § 922(g) does not prohibit a court-ordered transfer or sale of a felon's lawfully owned guns to a third party held by the Government.

Ohio Expungement Law - Ohio Supreme Court Holds Courts Cannot Unseal Expunged/Sealed Records Unless Expressly Authorized by Statute

In State v. Vanzandt, 2015 Ohio 236, the Ohio Supreme Court reversed the Ohio First District Court of Appeals and remanded the case back to the trial court with instructions to vacate its judgment. In reversing the First District, who had affirmed the trial court's granting of the State's motion to unseal the records from the sealed/expunged case to be used as evidence in a criminal prosecution, the Ohio Supreme Court held that courts do not possess discretion to create additional exceptions permitting access to sealed records for purposes other than those listed in R.C. 2953.53(D).

An Inmate's Post Release Control Supervision (PRC) May Be Transferred Pursuant to the Interstate Commission for Adult Offender Supervision (ICAOS) to Another State

In Ohio an individual's Post Release Control ("PRC") under the Interstate Commission for Adult Offender Supervision ("ICAOS"). ICAOS facilitates the transfer of supervision services for offenders who want to move and are approved to reside and work in a state other than where they were convicted.

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