Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.

On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, Slip Opinion No. 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.

“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”

Justice French

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of State of Ohio … Continue reading

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

Court Dismisses McGowan v. Medpace, Inc. As Improvidently Accepted.

On April 12, 2017, by a vote of 4-3, the court dismissed as improvidently accepted McGowan v. Medpace, Inc., Slip Opinion No. 2017-Ohio-1340. Chief Justice O’Connor and Justices O’Donnell, Kennedy, and French formed the majority. Because Justices Fischer and … Continue reading

Posted in Labor and Employment Law, Ohio Supreme Court Watch | Tagged , |

What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

“Where is the apology?”

Justice O’Neill

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, … Continue reading

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

What Happened on Remand: Won the Battle But Lost the War? Burnham v. Cleveland Clinic.

In Burnham v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-8000, in a very fragmented 6-1 decision, the Supreme Court of Ohio held that the order compelling discovery in this case was final and appealable. Read the analysis of the merit … Continue reading

Posted in Civil Procedure, Evidence, Ohio Supreme Court Watch, Torts, What Happened on Remand | Tagged , |

Commentary: On Reconsideration: What’s Up With State v. Aalim?

At the end of December of last year, facing the upcoming retirement of Justices Pfeifer and Lanzinger, the Supreme Court of Ohio really cranked out some major decisions. One of those was State v. Aalim, Slip Opinion No. 2016-Ohio-8278, … Continue reading

Posted in Commentary, Constitutional Law, Juvenile Law, Ohio Supreme Court Watch |

State Files U.S. Supreme Court Cert. Petition in Brandon Moore Case.

Case Background

Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions for three counts of aggravated robbery, three counts of rape, three counts of complicity to commit rape, one count of kidnapping, one … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch |

Oral Argument Preview: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.

Read an analysis of the argument in this case here.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Jamie Banks-Harvey. At issue in this case … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

Oral Argument Preview: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

Read an analysis of the oral argument in this case here.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of … Continue reading

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

Oral Argument Preview: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Nichole Johnson v. Mary E. Montgomery et al., 2016-0790. At issue in this case is whether an innocent party injured by an … Continue reading

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