Notable Cases of Max Kravitz
» Select cases of public interest
United States Supreme Court
Smith v. Ohio, 494 U.S. 541 (1990)(stop and search
violated Fourth Amendment).
Lockett v. Ohio, 438 U.S. 586 (1978)(Ohio’s capital
sentencing scheme held unconstitutional).
United States Court of Appeals
United States v. Real Property Known and Numbered as
Rural Route 1, Box 137-B, Cutler, Ohio, 24 F.3d 845 (6th
Cir. 1994)(forfeiture reversed due to denial of adversarial
probable cause hearing; adverse inference instruction
improper in civil forfeiture case).
United States v. Real Property Known and Numbered as
Rural Route 1, Box 198, Cutler, Ohio, 25 F.3d 1051 (Table),
1994 WL 198185 (6th Cir. 1994)(forfeiture reversed due to
denial of adversarial probable cause hearing).
United States v. Garland, 991 F.2d 328, 37 Fed. R. Evid.
Serv. 711 (6th Cir. 1993)(newly discovered evidence from
Ghana which corroborated defendant’s claim that allegedly
fraudulent scheme was in fact legitimate business deal
necessitated new trial; case ultimately dismissed).
United States v. Salisbury, 983 F.2d 1369 (6th Cir.
1993)(voter fraud statute unconstitutional as applied to
defendant).
United States v. DiCarlantonio, 870 F.2d 1058 (6th Cir.
1989)(substantive Hobbs Act convictions reversed due to no
effect on interstate commerce).
United States v. Scartz, 838 F.2d 876, 24 Fed. R. Evid.
Serv. 995 (6th Cir. 1988)(conviction affirmed although court
clarified “slight evidence” standard for federal conspiracy
cases).
United States v. Whiteus, 570 F.2d 606 (6th Cir.
1978)(six convictions reversed for failure to give requested
jury instructions).
United States District Courts
Pinson v. Williams, 410 F.Supp. 1387 (S.D.Ohio 1975)(with
Balske & Jacobs)(Section 1983 action against sheriff who
unreasonably denied jail access to defense polygraph expert
prior to capital murder trial).
Thompson, et al. v. Alexander, et al., Civil Action No.
2-90-CS-845 (S.D.Ohio E.D.)(counsel for plaintiffs in
Section 1983 class action prison conditions case concerning
London Correctional Institution; $40,000,000 settlement to
renovate institution).
United States v. Farley, 919 F.Supp. 276 (S.D.Ohio
E.D.)(plea agreement cannot foreclose rights of 3rd party
claimant in civil forfeiture action).
Ohio Supreme Court
Ohio State Bar Association v. Stern, 103 Ohio St. 3d 491,
817 N.E. 2d 14, 2004-Ohio-5464 (elected county prosecutor
did not commit ethical violation by surreptitious taping
interview with disciplinary counsel investigators and
denying that he was surreptitious taping during the
interview).
State, ex rel. Stern v. Mascio, Judge, 81 Ohio St.3d 297,
691 N.E.2d 253 (1998)(representation of county prosecutor
and sheriff; writ of prohibition issued vacating contempt
citation).
Columbus Bar Association v. Zauderer, 80 Ohio St. 3d 435,
687 N.E.2d 410 (1997)(prosecuted ethics complaint resulting
in recovery of attorney fees for 175+ individuals).
State v. Morgan, 71 Ohio St.3d 178, 642 N.E.2d 1090
(1994)(state RICO charge inapplicable to certain gambling
offenses).
State, ex rel. Silcott v. Spahr, Judge, 50 Ohio St. 3d
110, 552 F.E.2d 926 (1990)(mandamus granted which resolved
conflict between state statute and appellate rules
concerning bond pending appeal).
State v. Taylor, 39 Ohio St.3d 162, 529 N.E.2d 1382
(1988)(conviction upheld although court recognized validity
of replicate testing for OMVI cases).
Columbus v. Rogers, 40 Ohio St.2d 161, 324 N.E.2d 563
(1975)(“improper dress” ordinance held unconstitutionally
void for vagueness).
» Top of page
» Additional successful appeals
Court of Appeals
Delbianco v. Ohio State Racing Commission (Oct. 16,
2001), Franklin App. No. 01AP-395, unreported, 2001 WL
1222454 (TCO2 testing rule invalid; charges before the Ohio
State Racing Commission dismissed).
Walter Smith v. State of Ohio (Mar. 30, 2000), Franklin
App. No. 99 AP-568, Tenth Appellate District, unreported,
2000 WL 329024 (Kravitz expert testimony cited in holding
plaintiff entitled to damages from the Ohio Department of
Rehabilitation and Correction).
State v. Edna Engle (Apr. 6, 2000), Fairfield App. No. 99
CA-55, Fifth Appellate District, unreported, 2000 WL 502706
(trial court exercised sound discretion in terminating
probation for involuntary manslaughter).
State of Ohio v.Campbell (Apr. 26, 1999), Muskingum App.
No. CT-98-0037, Fifth Appellate District, unreported, 1999
WL 254468 (trial court ordered to admit doctor into
treatment in lieu of conviction after trial court refused to
do so).
State of Ohio v. Jessica Campbell (July 1, 1998),
Muskingum App. No. CT 97-0040, Fifth Appellate District,
unreported, 1998 WL 430541 (trial court abused discretion in
denying doctor treatment in lieu of conviction).
Sloan v. Dept. of Rehabilitation and Correction, 119 Ohio
App.3d 331, 695 N.E.2d 298 (1997)(remand for new medical
malpractice trial in Court of Claims; trial court applied
erroneous legal standard).
State of Ohio v. Gustafson, 76 Ohio St.3d 425, 668 N.E.2d
435 (1996)(Kravitz administrative license suspension article
twice cited by Ohio Supreme Court).
State v. Shifflet (Apr. 5, 1996), Montgomery App. No.
15417, Second Appellate District, unreported, 1996 WL 156566
(Kravitz administrative license suspension article cited).
Miller v. Ohio State Racing Commission (February 28,
1995), Franklin App. No. 94 APE 06-886, Tenth Appellate
District, unreported, 1995 WL 89696 (upheld trial court
ruling that racing commission rules were not violated,
thereby preserving client’s purse in a Grade One stakes
race).
Olivito v. Cavanaugh, Ohio App., 7th District, 1992 WL
398435 (Dec. 30, 1992)(grant of summary judgment on
defendant’s counterclaim was error).
Biddle v. Brown (September 22, 1992), Franklin App. No.
91 AP-1066, Tenth Appellate District, unreported, 1992 WL
238918 (affirming dismissal of BMV complaint for
noncompliance with implied consent law).
Key v. Ohio State Racing Commission (Nov. 19, 1991),
Franklin App. No. 91 AP 465 & 91 AP 658, Tenth Appellate
District, unreported, 1991 WL 244969 (trial court abused
discretion in upholding racing commission concerning racing
violations).
State of Ohio v. John Rees (November 24, 1989), Gallia
App. No. 88 CA-17, Fourth Appellate District, 1989 WL 145614
(no probable cause for issuance of search warrant; good
faith exception held inapplicable).
City of Mentor v. Wesley Walker (January 3, 1989), Lake
App. No. 12-243, Eleventh Appellate District, unreported,
1988 WL 142045 (judge’s remarks concerning defendant’s
constitutional rights violated Code of Judicial Conduct
mandating impartiality and integrity of judiciary).
State of Ohio v. Michael Lorms (October 22, 1989),
Franklin App. No. 87 AP-166, Tenth Appellate District,
unreported, 1987 WL 18767 (recognized admissibility of
replicate testing in OMVI cases).
City of Whitehall v. Alise K. Zageris (December 26,
1985), Franklin App. No. 85 AP-55, Tenth Appellate District,
unreported, 1985 WL 55 (prosecution witness who stated he
would assert fifth amendment improperly permitted to do so
on stand; improper restriction on closing argument
concerning prosecution witness who asserted fifth amendment;
improper jury instructions).
City of Columbus v. Darryl R. Davis (October 25, 1984),
Franklin App. Nos. 83 AP 650-2, Tenth Appellate District,
1984 WL 5954 (impeachment with misdemeanor convictions held
reversible error).
City v. Malene Clay (November 3, 1983), Franklin App. No.
83 AP-25, Tenth Appellate District, 1983 WL 3754
(insufficient evidence to sustain conviction for obstructing
justice).
Slyman v. Pickwick Farms, 15 Ohio App.3d 25, 39 UCC Rep.
Serv. 1630 (1984)(vet statement made at time of horse
auction held to be express warranty).
State v. Sage (November 3, 1983), Franklin App. No. 82
AP-983, Tenth Appellate District, unreported, 1983 WL 3747
(aggravated murder conviction reversed for prosecutorial
misconduct during opening statements; improper restriction
on peremptory challenges; improper prosecutorial cross of
defense witnesses; improper opinion testimony concerning
suicide).
State of Ohio v. Earnest Croft (April 1, 1982), Franklin
App. No. 81 AP-303, Tenth Appellate District, unreported,
1982 WL 4079 (routine frisk of patrons in unlicensed bar
during execution of search warrant violated Fourth
Amendment).
City of Columbus v. Mattie Skipper (July 30, 1981),
Franklin App. Nos. 80 AP-916 & 953, Tenth Appellate
District, unreported, 1981 WL 3372 (judge’s refusal to give
credibility instruction held reversible error).
City of Columbus v. Billie Barrett (May 6, 1980),
Franklin App. No. 79 AP- 963, Tenth Appellate District,
unreported (refusal to instruct on necessity defense
mandates a new trial; Allen charge held improper).
City of Columbus v. Blaine Williams (September 4, 1979),
Franklin App. No. 79 AP-351, Tenth Appellate District,
unreported (sustained trial court’s decision suppressing
OMVI evidence for lack of probable cause to arrest).
City of Columbus v. Danny C. Scott (December 23, 1975),
Franklin App. Nos. 75 AP 215 & 226, unreported
(“importuning” ordinance held violative of the First
Amendment and void for vagueness).
City of Columbus v. Charles Arnold (March 11, 1976),
Franklin App. Nos. 75 AP 478 & 479, Tenth Appellate
District, unreported (convictions reversed for improper
allocation of burden of proof on self defense; improper self
defense instructions).
State of Ohio v. Cleveland Fann (March 2, 1976), Franklin
App. No. 74 AP-174, Tenth Appellate District, unreported
(grand theft conviction reversed for refusal to instruct on
lesser included offense).
State of Ohio v. Danny F. O’Harra (October 22, 1974),
Franklin App. No. 74 AP-174, Tenth Appellate District,
unreported (multiple counts statute precluded consecutive
sentences for two deaths occurring in same accident).
City of Columbus v. Nathaniel Watson (September 24,
1974), Franklin App. No. 74 AP-225, Tenth Appellate
District, unreported (voyeurism conviction reversed because
trial court used erroneous legal standard in determining
guilt).
City of Columbus v. Russell, 39 Ohio App. 2d 139, 316
N.E.2d 897 (1973)(insufficient evidence to support aiding
and abetting conviction for theft).
Common Pleas Court
State v. Edna Engle, 86 Ohio Misc.2d 41, 684 N.E.2d 1311
(Fairfield Co. 1997)(probation granted to battered woman
accused of aiding and abetting aggravated murder of her
son).
» Top of page
» Continuing legal education
Faculty Member, “Senate Bill 179: Changes to Delinquency
Law,” Supreme Court of Ohio Judicial College, Cleveland,
Ohio, May 4, 2001.
Lecturer, “Criminal Discovery,” Litigation Management
Series for New Lawyers,” Columbus Bar Association, Columbus,
Ohio, April 17, 2001.
Lecturer, Panelist, “Ohio Felony Sentencing Law: The
Sentencing Hearing, Sentencing Drug Offenders,
Professionalism and Ethics in Criminal Practice,” (with Case
Western Prof. Lew Katz and Judge Burt Griffin), Professional
Educations Systems Inc., Columbus, Ohio, November 30, 2000.
Lecturer, “Pre-trial Investigation, Preparation and
Negotiation, Ohio Association of Criminal Defense Lawyers
Superstar Seminar, Athens, Ohio, October 13, 2000.
Panelist, “Evidence Issues in a Drug Case,” (with OSU
Professor Nancy Rook Snyder and Sam Weiner), Ohio
Association of Criminal Defense Lawyers, Columbus, Ohio,
December 18, 1998.
Lecturer, “Purposes and Principles of Sentencing,
Sentencing Guidance and Appellate Review,” Ohio CLE
Institute, Columbus, Ohio, May 9, 1996.
Lecturer, “Purposes and Principles of Sentencing,
Sentencing Guidance and Appellate Review,” Ohio CLE
Institute, Dayton, Ohio, April, 1996.
Lecturer, “Domestic Violence—Issues Concerning Mandatory
Arrest (with Maryanne Torian), Ohio Municipal Judges’
Association, Columbus, Ohio, February 14, 1996.
Lecturer, “Purposes and Principles of Sentencing,
Sentence Guidance and Appellate Review,” Ohio Association of
Criminal Defense Lawyers, Columbus, Ohio, December 15, 1995.
Lecturer, “Purposes and Principles of Sentencing,
Sentencing Guidance and Appellate Review,” Ohio CLE
Institute, Dayton, Ohio, December 8, 1995.
Lecturer, “Purposes and Principles of Sentencing,
Sentencing Guidance and Appellate Review,” Ohio CLE
Institute, Cincinnati, Ohio, November 3, 1995.
Lecturer, “Purposes and Principles of Sentencing,
Sentencing Guidance and Appellate Review,” Ohio CLE
Institute, Columbus, Ohio, October 20, 1995.
Lecturer, “Double Jeopardy and OMVI,” Ohio Courts of
Appeals Judges’ Association, Columbus, Ohio, September 6,
1995.
Lecturer, “The Discriminatory Exercise of Peremptory
Challenges,” Columbus Bar Association Litigation Institute,
December 8, 1994.
Lecturer, “The Trial of a Federal Civil Forfeiture Case,”
CLE Program for Southern Ohio Counties, Athens, Ohio,
December 2, 1994.
Lecturer, “The Victims’ Rights Amendment,” 1994 Ohio Law
and the Media Conference, Ohio State Bar Association, Ohio
Newspaper Association and the Ohio Association of
Broadcasters, Columbus, Ohio, August 19, 1994.
Lecturer, “Litigating a Federal Civil Forfeiture Case,”
Ohio State Bar Association Annual Meeting, Cleveland, Ohio,
May 20, 1994.
Lecturer, “The Discriminatory Use of Peremptory
Challenges,” Columbus Bar Association Bench/Bar Retreat,
Columbus, Ohio, May 7, 1993.
Lecturer, “The Discriminatory Use of Peremptory
Challenges,” Ohio Common Pleas Judges Association, Embassy
Suites, Columbus, Ohio, December 3, 1992.
Lecturer, “The Discriminatory Use of Peremptory
Challenges,” Ohio Association of Criminal Defense Lawyers
Death Penalty Seminar, Radisson Hotel, Columbus, Ohio
December 3, 1992.
Moderator, “White Collar Defense,” Ohio Association of
Criminal Defe4nse Lawyers, Ritz-Carlton Hotel, Cleveland,
Ohio July 31, 1992.
Lecturer, Moderator, “Replicate Testing,” Ohio
Association of Criminal Defense Lawyers, Cincinnati Westin
Hotel, Cincinnati, Ohio, July 6, 1990.
Lecturer, “Replicate Testing,” Ohio Association of
Criminal Defense Lawyers, Embassy Suites, Columbus, Ohio,
March 30, 1990.
Lecturer, “Getting Tough on DWI: The Defense,” sponsored
by the Minnesota Society for Criminal Justice, Hilton
Palacio Del Rio, San Antonio, Texas, February 20, 1990.
Lecturer, “The Unconstitutionality of State v. Vega,”
Winter Seminar, Ohio Association of Criminal Defense
Lawyers, Cincinnati, Ohio, February, 1986.
Panelist, “Domestic Violence in the 80’s: Women Who Fight
Back, Legal and Social Consequences,” Action Ohio Coalition
for Battered Women, Columbus, Ohio, February 1986.
Panelist, “Death Penalty Litigation—Federal Habeas Corpus
Litigation,” Ohio State Public Defenders Conference,
Columbus, Ohio 1985.
Moderator, Organizer, “Chemical Tests for Intoxication,”
Capital University Law School, Hyatt at the Ohio Center,
Columbus, Ohio 1984.
Moderator, Lecturer, Organizer, “The New OMVI Statute:
Constitutionality, Procedure, Alcohol Testing,” Capital
University Law School, Hyatt at the Ohio Center, 1983.
Lecturer, “Entrapment,” Ohio Attorney General’s Office,
Department of Health and Human Services, 1983.
Lecturer, “Criminal Trial Advocacy Program,” Columbus Bar
Association, 1981.
Co-char, “Criminal Trial Advocacy Institute, Columbus Bar
Association, 1978.
Lecturer, “Current Issues in Criminal Law: Death Penalty
Litigation,” Ohio Public Defenders Association Seminar,
Columbus, Ohio 1977.
Lecturer, “Seminar for New Attorneys on Criminal Trial
Tactics—Preparation for Trial,” Ohio Public Defender’s
Association Seminar, Columbus, Ohio 1976.
» Top of page
» Publications
Journal Publications:
Kravitz, Ohio’s Administrative License Suspension: A
Double Jeopardy and Due Process Analysis, 29 Akron L. Rev. 1
(1996).
Kravitz, Due Process in Ohio for the Delinquent and
Unruly Child, 2 Cap.U. L. Rev. 53 (1973).
Trade Publications:
Kravitz & Kravitz, The Payment of Legal Fees Out of
Seized Assets, The OACDL Vindicator, Winter, 1997.
Kravitz & Kravitz, The Constitution Does Not Protect
Innocent Owners, The OACDL Vindicator, Summer, 1996.
Kravitz & Kravitz, ALS Refusals and ALS Failures: Both
Trigger Double Jeopardy Protection, The OACDL Vindicator,
Spring, 1996.
Kravitz & Kravitz, The Right to a Jury Trial in Ohio for
Civil Forfeiture Cases, The OACDL Vindicator, Fall 1995.
Kravitz & Kravitz, Further Support for the Argument that
ALS Constitutes Punishment, The OACDL Vindicator, Summer
1995.
Kravitz & Kravitz, Strange Bedfellows? Double Jeopardy
and OMVI Cases, The OACDL Vindicator, Spring, 1995.
Kravitz & Kravitz, The Fifth Amendment is Alive and Well
in Civil Forfeiture Cases, The OACDL Vindicator, Fall 1994.
Kravitz & Kravitz, The Right to a Prompt, Post-Seizure
Probable Cause Hearing for Personalty, The OACDL Vindicator,
Summer 1994.
Kravitz & Kravitz, Forfeiture: The Times They are a
Changin’, The OACDL Vindicator, Winter 1994.
Kravitz & Kravitz, Forfeiture: To Stay or Not To Stay,
That is the Question, The OACDL Vindicator, Fall 1993.
Kravitz & Kravitz, The Right to an Adversarial Probable
Cause Hearing in Civil Forfeiture Cases, The OACDL
Vindicator, Summer 1993.
Kravitz, The Discriminatory Use of Peremptory Challenges,
The OACDL Vindicator, Winter 1993.
Kravitz, Ohio’s New Drunk Driving Law – What Does It
Mean? The Bulletin, Vol. 49, No. 5, Academy of Medicine of
Franklin County, Ohio (1983).
Practice Manuals:
Kravitz & Bluth, Mayor’s Court Education Manual: Criminal
Offenses, The Ohio Municipal League, c. 1992 (grant for
training manual for required CLE for mayors’ courts in
Ohio).
Kravitz & Bluth, Mayor’s Court Education Manual: Alcohol
and Drug Related Offenses, The Ohio Municipal League, c.
1991 (grant for training manual for required CLE for mayors’
courts in Ohio).
Kravitz & Looper-Friedman, Justice for Ohio’s Domestic
Violence Victims: An Easy Guide to Using the Justice System,
Action Ohio, c. 1987 (grant for manual for shelter
professionals throughout Ohio).
Additional Publications:
Editor, The OACDL Vindicator, circ. 6,000, 1988-1900
(Quarterly publication of the OACDL).
Co-editor, State Public Defender Report, 1982-1990
(summarized new developments and cases in criminal law and
procedure for monthly publication of State Public Defenders’
Office).
Steering Committee, The Criminal Trial Practice Manual,
Ohio Public Defender Commission, c. 1983.
» Top of page
» Professional associations
Ohio Supreme Court:
Ohio Criminal Sentencing Commission, 1993—2006 (appointed
by Governor as the Ohio State Bar Association
representative)(drafted legislation reforming Ohio’s felony,
misdemeanor, juvenile sentencing laws, and forfeiture law).
Ohio Supreme Court Commission on Professionalism,
1997-1999.
Rule 65 Committee on the Appointment of Counsel for
Indigent Defendants in Capital Cases, 1987-1993
(implementation of minimum professional standards for
counsel in capital cases).
Ohio State Bar Association:
Criminal Justice Committee, Chair, 1993-1995.
Post-Conviction Reform Subcommittee, Chair, 1994-1995.
Liaison, Ohio Judicial Conference Criminal Law and
Procedure Committee, 1993-1995.
President’s Award, 1995.
Law Professor of the Year, 2002.
Ohio Association of Criminal Defense Attorneys
Chairman of the Board, 1991.
President, 1990.
President-elect, 1989.
Secretary, 1988.
Columbus Bar Association
Ethics and Discipline Committee, 1992-1995.
Other Activities:
Sixth Circuit Rules Advisory Committee, 2005 – 2006.
Fellow, American Board of Criminal Lawyers, 1995 –
present.
Board of Governors, 2003-present.
National Association of Criminal Defense Lawyers, 1986 –
present.
American Bar Association, 1973 – present.
Ohio State Bar Association, 1973 – present.
Columbus Bar Association, 1973 – present.
Lawyers Club, Franklin County, 1993 – present.
Advisory Committee, Court Watcher’s Inc., Project II,
1980 (developed recommendations for case flow between
municipal and common pleas courts).
Franklin County Municipal Court Advisory Committee, 1977.
Municipal Court Bail Reform Committee, 1976 (developed
standards for release by clerk of court without bond in
misdemeanor cases).
Pretrial Diversion Committee, 1975 (ABA grant to CBA to
study diversion programs in sister states and establish
diversion program for Franklin County).
President’s Club, The Ohio State University, 1980 –
present.
Columbus Bar Foundation.
Dean’s Council, Capital University Law School.
» Top of page
» Legislative activity/testimony
SB7:DNA Testing, Senate Judiciary Committee, March 14 &
16, 2001 (testimony/written comments/consultation with
sponsor).
Juvenile Sentencing Legislation Under SB 179 and SB 181,
Senate Judiciary Committee, September 29, 1999
(testimony/written comments).
Felony Sentencing Legislation Pursuant to SB2, House
Judiciary Committee, Spring, 1996 (testimony).
Post-Conviction Reform in Senate Bill 4, Senate Judiciary
Committee, March 8, 1995 (testimony)
The Ohio Criminal Sentencing Commission Report Concerning
Drug Offenses, March 1, 1995 (testimony).
Joint Resolution to Accelerate Death Penalty Appeals,
Senate Judiciary Subcommittee on Crime, April 26, 1994
(testimony/written comments).
Proposed Drug Legislation, 1990 (written comments to
Speaker of House).
RICO and Forfeiture Legislation, House Subcommittee, 1985
(testimony).
Drunk Driving Legislation, House Subcommittee, 1982
(testimony).
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