Burglary in Ohio Just Got Easier

Expect a lot more criminal trespassing in Ohio banks after this ruling.

 

I guess this explains the insanity of the decision:

"A second seat is open because Justice Terrence O'Donnell cannot seek re-election because of his age. Judge Craig Baldwin, a Republican on the Fifth District Court of Appeals in Canton, faces Judge Michael Donnelly, a Democrat serving as a Cuyahoga County Common Pleas judge. The six-year term begins Jan. 1, 2019."

Lawyers are bad enough ... but a liberal lawyer is the worst.

Four candidates run for two Ohio Supreme Court seats (cincinnati.com)

LOL .....

 

Seems like tortured logic. At the same time 8 to 12 years for stealing a leaf blower seems like overkill.

 

Someone is getting Soros money and it's obvious for all to see.

 

That's a good way to put it.

Maybe the act of stealing $500 worth of property from a house can stand alone in this ruling. Without the "tortured logic" would be nice too.

 

Guess strict textualism flies out the window when it reaches a conclusion you don't like. If his theft didnt meet the statuteorial definition, why should it apply? Do people think a petty theft of $500 should result in more than a year in jail? The lesser crime he was sentenced under isnt enough?

 

You don't sound like you want laws. You sound like want spongy guidelines for lawyers-in-robes to abuse at will. Just like that judge did in this case.

 

I thought the conservative position was applying the laws as written, not inventing elaborate justifications for government overreach with no textual basis. The legislature could always update its statutes and make what this guy did a more severe crime, but that seems excessive to me. Why does someone need a decade in prison for stealing $500 of property?

 

Here's the Opinion.

https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2023/2023-Ohio-1456.pdf

I haven't read the Opinion, but seems the words "force, stealth, or deception" are clearly elements of the crime. Here's the statute:

https://codes.ohio.gov/ohio-revised-code/section-2911.12

 

Yeah, seems this is an issue with the statute, which will likely be fixed quickly.
“(A) No person, by force, stealth, or deception, shall do any of the following:”

 

That case was clear burglary, not trespassing.

 

I don't know whether it needs to be fixed or not. The defendant is still facing a sentence for his criminal trespass - just not burglary. I don't know the difference in those possible sentences, but it wouldn't surprise me that burglary would be more difficult to prove and result in a significantly harsher sentence.

 

The more I was around judges, the more apparent it became that way too many started as a political appointee and then got reelected to the seat.
And then there is the olds…

 

Dont most burglary statutes define it as breaking a sealed door of some kind? It is definitely a theft, but taking something out of an open garage isnt a "burglary" in most cases, at least traditionally.

 

$500 for a leaf blower? I bought one for $30 ten years ago and it still works great.

 

Okay, so theft is NOT even a consideration in all of this? So, maybe he should be charged with theft? So, since it's trespassing-theft it's different than burglary-theft? Is that the charge difference you're concerned about?

Sorry, whether my garage door is open or closed if you walk in there and steal something that is burglary just the same as if the door was closed..

However, if you walk into my open garages and you do NOT steal something then that at worst is simple trespassing.

 

It is a consideration, that's why he was still charged with a lesser crime. Sorry the law distinguishes between stealing something when you leave your door open vs. when you have it closed. That's why "breaking and entering" is a concept. This guy only entered, he didnt break. I suggest you take it up with common law on that matter.

 

Many laws are very different in different states... but stealing $500 worth of property is still stealing... theft.