11th District Real Criminal Opinion

Only one real criminal opinion this week, plus two quick dismissals for missing the deadline by just a hair.  Or so.

State v. Krumm, 2015-Ohio-814
Krumm is pulled over for not having a license plate light.  He did have a temporary tag in his back window, but by the time the cop noticed it he also noticed Krumm’s bloodshot, glassy eyes and smelled alcohol. Krumm picks up an OVI and tries to suppress the stop because the temporary tag was in a legal place and lighting the empty spot where the permanent plate would go is just dumb.  The Court says the stop is good because the law requires even the temporary tag to be in plain view – which, in the dark with no light, it wasn’t.  Rice, Cannon, Wright.

State v. Funk, 2015-Ohio-813, gets dismissed for being three and a half years late.  State v. Calhoun, 2015-Ohio-810 makes that seem downright punctual – Calhoun’s appeal is 26 years late.