Max Kravitz
» Select cases of public interest
» Additional successful appeals
» Continuing legal education
» Publications
» Professional associations
» Legislative activity/testimony
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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).

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» 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).

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» 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.

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» 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.

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» 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.

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» 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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