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1984-1986 CBA Rep. [i] (1984-1986)

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On the docket


Seminars

Federal  Criminal   Practice
&  Procedure
Sponsored by the CBA Criminal
Law  Committee and the Federal Bar
Association. Cincinnati Chapter
Date:   Sat., February 4. 1984
Time:   8:50 a.m. - 4:45 p.m.
Place:  U.C. College of Law
Cost:   Advance (by February 2,
        1984) $25
        At Door (8:15 am.
        registration) $30

New   Rules  &
Developments in
Bankruptcy Practice
Sponsored by the CBA Bankruptcy
Committee
Date:   Mon., February 20, 1984
Time:   8:45 a.m - 5 p.m .
Place:  The Clarion Hotel (formerlv
        Stouffer's)
Cost:   Prior to February 13
        Members      $50
        Non-members  $65
        After February 13 or At
        Door
        Members      $65
        Non-members  $80

1st Annual   Estate
Planning   Institute
Sponsored by the CBA Trusts, Wills
& Estate Planning Section
Date:   Fri., February 24, 1984
Time:   9 a.m. - 5:15 p.m.
Place:  The Clarion Hotel (formerly
        Stouffer's)
Cost:   Advance (by February 20.
        1984) $85
        Late Registration $100
Information: Barbara Schwartz
            Bromberg.
            Chairperson
            (352-6752)

How   to Make   Partner   in
Three  Easy  Evenings
(three-part  evening
seminar)
Sponsored by the CBA Young
Lawyers' Section
Date:   March 7, 14 & 21, 1984
Time:   6 p.m. (cocktail reception to
        follow program)
Place:  Arthur Anderson & Co.
Cost:   $3 per person, per evening


Committees

YLS   Executive   Board
James M. Carroll, Chairman
Date:   Wed., February 1, 1984
Time:   12 noon
Place:  CBA  Conference Room I

Arbitration   Committee
Richard H. Johnson, Chairman
Date:   lues., February 14. 19S4
Time:   12 noon
Place:  CBA  Conference Room

Trusts,  Wills &  Estate
Planning
Roi F. Baugher, II. Chairman
Date:   Tues., February 14, 1984
Time:   12 noon
Place:  CBA  Conference Room

Housing & Construction
Law
Pierce E. Cunningham, Chairma4
Date:   Wed., February 15, 1984
Time:   12 noon
Place:  CBA  Conference Room

Workers'   Compensation
Jerald D. Harris, Chairman
Date:   Thurs.. February 16, 1984
Time:   12 noon
Place:  CBA  Conference Room I

Social  Security
Committee
James C. Crowley IV, Chairman
Date:   Tues.. February 21, 1984
Time:   12 noon
Place:  CBA Conference Room

CBA   Executive   Committee
Stephen Cohen, President
Date:   Wed., February 22, 1984
Time:   11:45 a.m.
Place:  CBA Conference Room  I
Lunch:  $3


Please Note

YLS   Tennis  & Racquetball
Party
Date:   Sat., February 11, 1984
Time:   8 p.m.
Place:  West Side Indoor Racquet
        Club
Cost:   $8 per person
Information: Steve Madden.
            421- 6630

CBA   Auxiliary
Marjorie Wirthlin, President
Date:   Thurs., February 16, 1984
Time:   11 a.m.
Place:  Netherland Plaza
Speaker: Hamilton County
         Prosecutor Arthur Ney
         Citizens Awareness of
         Law Award presentation

YLS   Ski Trip
Date:   February 17 20, 1984
Place:  Seven Springs, PA
Cost:   $225
Information: Kendra Daugherty,
            528-1414


The Cincinnati Bar Association


Death Row Appeals and Stays of Execution
by Margery  Malkin Koosed


EDITOR'S  NOTE:
  Our thanks to the author and to the
Akron Bar Association for permission to
reprint this article which appeared in the
October, 1983 AB Communicator.

  Ten Ohioans are now on death row in
the Southern Ohio Correctional Facility at
Lucasville. Over 1,200 persons now sit in
death row cells across the United States.
Over the last several months, considerable
attention has been drawn to the executions
of Charlie Brooks by lethal injection in
Texas, and of John L. Evans. Ill, by a
gruesome and an arguably barbaric third
jolt of 1,900 volts of electricity in Alabama.
Debates among citizens over the proper
method and the basic morality of executing
human  beings have been extensive.
  While these are certainly appropriate
topics for public and Bar concern, with
over one thousand persons on the nation's
death rows, another concern is also being
expressed: when may a death sentence be
carried out? Some members of the Bar
too, seem uncertain as to the new Ohio
death penalty law's provisions respecting
appellate review of death sentences, and
when executions may again by carried out
in Ohio.
  This article will briefly examine the
appellate procedures mandated by the
constitution, the statutory appeals
mechanism created in O.R.C. §2929.05
of Am. Sub. S.B. 1 (effective Oct. 19,
1981), the availability of stays of execution,
and the recent United States Supreme
Court case regarding death row appeals


proceedings, Barefoot u. Estelle, -U.S.
33 CrL 3275 (July 6, 1983).
   In 1953. a pair of Missouri Kidnappers
were executed only eleven weeks after
their crime. Now, such a hasty rush to
death would be extremely improbable.
  Thirty years ago, very little scrutiny was
given to the ability of the states to impose
this ultimate punishment. Over the past
twelve years. however, the Eighth and
Fourteenth Amendments to the,
Constitution have been interpreted to
require the States to exercise greater care
and reflection in imposition of capital
punishment. Although the death sentence
is not cruel and unusual punishment per
se, Gregg u. Georgia, 428 U.S. 155
(1976), the Supreme Court has recognized
that death is indeed different from any
other form of punishment due to its
irrevocability. Woodson u. North Carolina,
428 U.S. 280 (1976). If the criminal justice
system errs and executes an innocent
man, or one not deserving of this
punishment - whether due to prejudice,
zealous passions, or mistake of any kind -
society cannot correct its wrong.
  To assure that society is not left in doubt
whether innocent men or those offenders
not deserving of death are being
irretrievably condemned, the Supreme
Court has concluded that under the due
process clause, more process is due those
persons charged with a capital crime. The
Court has recognized that when a life is at
stake, and not merely liberty or property,
there is a greater need for reliability in the
                    continued on page 3


Report
Thle Cincinnati Bar Association
2o E. Sixth Street
Cincinnati, Ohio 45202


February, 1984


IN  THIS
ISSUE
Who's
employing law
school
graduates? p.   2
Medical   records
information
form  speeds   up
process.  p. 4

The Cincinnati Bar
Association (CBA)
REPORT   is published at
part of CBA's
commitment to provide
membership with
information relating to
issues and concerns
on the local level.

Opinions and positions
expressed in the signed
material are those of
the author and may
not necessarily reflect
those of this publication
or the Cincinnati Bar
Association.

Correspondence
regarding this
puibliction may be
Senlt to.
Maraeiit S. Devereux.
tDirecto of Public
Rla~tions, Cincinnati Bar
Assoc(iation,
20 Easiit Sixth Strect.
Cii iniati, Ohio 45202,
(513) 381-8213



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Congratulations
Chase!

  Northern Kentucky
University's Salmon P. Chase
College of Law was accepted last
month into the Association of
American Law Schools, the
leading accrediting group for law
schools.
  Chase joins the University of
Cincinnati and approximately
150 other schools in the
association.