What’s On Their Minds: Permissibility of Disparate Treatment for Capital Defendants in Postconviction Review of Applications for DNA Testing. State v. Noling.

“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to do that. In a capital case, they (capital defendants) get a bite at the apple of appellate review, at the supreme court, but … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch, What's On Their Minds? | Tagged , |

What’s On Their Minds: Fleshing Out the Tort of Negligent Misidentification. Foley v. Univ. of Dayton.

“So they (Petitioners) purposefully identified these people-they didn’t negligently identify them.” Chief Justice O’Connor, to counsel for Petitioners.

On July 13, 2016, the Supreme Court of Ohio heard oral argument in the case of Foley v. Univ. of Dayton, … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , , |

Oral Argument Preview: Fleshing Out the Tort of Negligent Misidentification. Foley v. Univ. of Dayton.

On July 13, 2016, the Supreme Court of Ohio will hear oral argument in the case of Foley v. Univ. of Dayton, 2015-2032. At issue are certified questions of state law from the United States District Court, Southern District … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.

On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, Slip Opinion No. 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch, Property | Tagged , , , |

Another Submitted Case Passes One Year Mark Without Decision. State of Ohio v. Issa Kona.

On June 10, 2015, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Issa Kona, 2014-0733. At issue in this case is whether a noncitizen must be advised of the immigration consequences … Continue reading

Posted in Ohio Supreme Court Watch |

What’s On Their Minds: Is an Officer’s Bodycam Footage a Public Record? State ex rel. Cincinnati Enquirer v. Deters.

On June 14, 2016, the Supreme Court of Ohio heard oral argument in the case of State ex rel. Cincinnati Enquirer v. Deters. At issue in this original action in mandamus is whether a prosecutor’s office must release police … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , |

What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.

Case Background

In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, What Happened on Remand |

Supreme Court of Ohio Sua Sponte Dismisses Certified Question from Federal Court in Breach of Contract Case.

On June 16, 2016, in Am. Mun. Power, Inc. v. Bechtel Power Corp. Slip Opinion No. 2016-Ohio-3431, the Supreme Court of Ohio declined, sua sponte, by a vote of 5-2, to answer a certified question from federal court after … Continue reading

Posted in Contracts, Damages, Ohio Supreme Court Watch |

What Happened on Remand: Probate Judge Approves Settlement in Anderson v. Massillon.

Case Background

On May 6, 2008, 72-year-old Ronald Anderson and his four year old grandson Javarre Tate were killed when Anderson’s minivan was struck broadside at an intersection by a fire engine on an emergency run in response to an … Continue reading

Posted in Ohio Supreme Court Watch, Torts, What Happened on Remand |

A Familiar Face at Oral Argument in Public Records Case.

On June 14, 2016, the Supreme Court of Ohio heard oral argument in the case of State ex rel. Cincinnati Enquirer v. Deters. At issue in this mandamus action is whether a prosecutor’s office must release police officer bodycam … Continue reading

Posted in Ohio Supreme Court Watch |