color of law
Accomplished Advocate
Knives
Akron v. Rasdan (1995), 105 Ohio App. 3d 164 -- Akron ordinance proscribing carrying any knife with a blade more than two and a half inches long found to violate substantive due process by proscribing an unreasonable amount of innocent activity.
Compare Rocky River v. Saleh (2000), 139 Ohio App. 3d 313, 322-323 upholding an ordinance which provided an exception for individuals "engaged in lawful business or pursuit justifying possession of such weapon."
Bunkley v. Florida (2003), 123 S.Ct. 2020 -- Florida has had a common pocketknife exception to the definition of deadly weapons since 1901, but it was not until 1997 that it was judicially interpreted to exclude blades under four inches. The defendant was convicted of armed burglary in 1987 based on his possession of a pocket knife with a blade of three inches or less. Applying Fiore v. White (2001), 531 U.S. 225, remanded for determination whether knife did not qualify as a deadly weapon under state law at the time of conviction.
State v. Cathel (1998), 127 Ohio App. 3d 408 -- Evidence failed to show four inch folding knife was carried as a weapon. There is no presumption that a knife is carried as a deadly weapon, and nothing in the circumstances permitting such an inference. "Deerslayer" trade name indicates it is for use on deer, not humans, court noting even "007" marking was not enough to allow inference of use as weapon in another case. Also see State v. Sears (1980), 18 Ohio Ops. 3d 126.
State v. Anderson (1981), 2 Ohio App. 3d 71 -- Even though an object such as a knife may be readily identifiable as a deadly weapon, the state must further prove that it was either (1) designed or specially adapted for use as a weapon, or (2) possessed, carried or used as a weapon.
Cleveland v. Barnes (1984), 17 Ohio App. 3d 30 -- Whether or not a knife is a deadly weapon is a factual issue for the jury to determine. It is error to instruct that a knife is a deadly weapon per se.
State v. Workman (1992), 84 Ohio App. 3d 534 -- Intent to carry a fixed blade carpet knife as a concealed weapon may be inferred from the manner in which the defendant brandished it when confronted by the police.
State v. King (1982), 8 Ohio App. 3d 40 -- Mere possession of a straight razor is not sufficient for a CCW conviction. It must be further shown that it designed or specially adapted for use as a weapon.
State v. Singh (1996), 117 Ohio App. 3d 381 -- The kirpan, a symbolic sword that observant Sikhs are required to wear, is not a deadly weapon. Veterinarian held in contempt during civil trial was found to have a dull two and a half inch blade, sheathed, and sewn to the waistband of his underwear.
State v. Mosley (1993), 88 Ohio App. 3d 461 -- Since breaking and entering is not defined as an offense of violence by R.C. 2901.01(I), it may not be the basis for raising the penalty for CCW based on a knife from a misdemeanor to a felony.
Akron v. Rasdan (1995), 105 Ohio App. 3d 164 -- Akron ordinance proscribing carrying any knife with a blade more than two and a half inches long found to violate substantive due process by proscribing an unreasonable amount of innocent activity.
Compare Rocky River v. Saleh (2000), 139 Ohio App. 3d 313, 322-323 upholding an ordinance which provided an exception for individuals "engaged in lawful business or pursuit justifying possession of such weapon."
Bunkley v. Florida (2003), 123 S.Ct. 2020 -- Florida has had a common pocketknife exception to the definition of deadly weapons since 1901, but it was not until 1997 that it was judicially interpreted to exclude blades under four inches. The defendant was convicted of armed burglary in 1987 based on his possession of a pocket knife with a blade of three inches or less. Applying Fiore v. White (2001), 531 U.S. 225, remanded for determination whether knife did not qualify as a deadly weapon under state law at the time of conviction.
State v. Cathel (1998), 127 Ohio App. 3d 408 -- Evidence failed to show four inch folding knife was carried as a weapon. There is no presumption that a knife is carried as a deadly weapon, and nothing in the circumstances permitting such an inference. "Deerslayer" trade name indicates it is for use on deer, not humans, court noting even "007" marking was not enough to allow inference of use as weapon in another case. Also see State v. Sears (1980), 18 Ohio Ops. 3d 126.
State v. Anderson (1981), 2 Ohio App. 3d 71 -- Even though an object such as a knife may be readily identifiable as a deadly weapon, the state must further prove that it was either (1) designed or specially adapted for use as a weapon, or (2) possessed, carried or used as a weapon.
Cleveland v. Barnes (1984), 17 Ohio App. 3d 30 -- Whether or not a knife is a deadly weapon is a factual issue for the jury to determine. It is error to instruct that a knife is a deadly weapon per se.
State v. Workman (1992), 84 Ohio App. 3d 534 -- Intent to carry a fixed blade carpet knife as a concealed weapon may be inferred from the manner in which the defendant brandished it when confronted by the police.
State v. King (1982), 8 Ohio App. 3d 40 -- Mere possession of a straight razor is not sufficient for a CCW conviction. It must be further shown that it designed or specially adapted for use as a weapon.
State v. Singh (1996), 117 Ohio App. 3d 381 -- The kirpan, a symbolic sword that observant Sikhs are required to wear, is not a deadly weapon. Veterinarian held in contempt during civil trial was found to have a dull two and a half inch blade, sheathed, and sewn to the waistband of his underwear.
State v. Mosley (1993), 88 Ohio App. 3d 461 -- Since breaking and entering is not defined as an offense of violence by R.C. 2901.01(I), it may not be the basis for raising the penalty for CCW based on a knife from a misdemeanor to a felony.