A Cincinnati lawyer will get another chance to explain why he didn't deserve a night in jail for erasing a blackboard.

        An appeals court ruled Friday that Edward Felson deserves one more hearing to determine whether he broke a courtroom rule last year when he erased the blackboard.

        Municipal Judge Ralph E. Winkler sentenced Mr. Felson to a night in jail after finding the attorney in contempt of court.

Felson

        The trouble started when Mr. Felson erased a diagram — including the bold red words “DO NOT ERASE” — that was an important part of a jury trial.

        Mr. Felson later described his actions as a mistake, but Judge Winkler said the lawyer was disruptive in court and showed no remorse for his deed.

        The Ohio First District Court of Appeals overturned Mr. Felson's contempt conviction, saying Judge Winkler made a procedural error.

        The appeals court ruled that because the judge did not actually witness the offending act, he should have held a formal hearing before imposing sentence.

        Judge Winkler said he will schedule such a hearing if Mr. Felson wants one, but he expressed hope the lawyer would not pursue the matter.

        “I think we'd both probably like to move on,” the judge said.

        Mr. Felson's lawyer, Jay Clark, expressed similar sentiments but said he must consult with his client before making a decision.

        “I think everybody has been through enough,” Mr. Clark said.

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