Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, January 11, 2006

6th Circuit Rules Against Attorney in Erica Baker Case

The United States 6th Circuit Court of Appeals ruled yesterday that it had no jurisdiction in the matter concerning ex-public defender Beth Lewis' refusal to testify as to what her now-deceased client had told her concerning the disappearance of a Kettering, Ohio girl, Erica Baker, in 1999. The court threw the case back to state court, which had previously ruled that Lewis must testify.

The final paragraph of the decision read:

"Having had her day in court, Lewis seeks to profit from outrunning her
first state court contempt order by raising federal arguments that she
failed to raise when she had the chance. Lewis “has experimented with
the state courts and been beaten, and now seeks a different forum.”
Rosenthal, 148 U.S. at 147. Section 1442(a) of the removal statutes does
not confer federal jurisdiction for such purposes."

If you are not familiar with the case, the 6th Circuit opinion does a pretty good job with the fact scenario.



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