Category Archives: Evidence

Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al. 2016-1372. At issue … Continue reading

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

Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.

“The trooper’s questioning of Oles in the front seat of the patrol car did not rise to the level of a custodial interrogation requiring Miranda warnings.”

Chief Justice O’Connor, from majority opinion

“Every police vehicle is now a police station … Continue reading

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

Merit Decision: Court Nixes Adoption; Finds Putative Father Did Not Willfully Abandon Birth Mother. In Re Adoption of P.L.H.

“This appeal charges us with the unenviable task of reaching a result that either overrides the adoption plan of a diligent birth mother and separates P.L.H. from the only home he has ever known or that terminates permanently C.W.’s fundamental … Continue reading

Posted in Evidence, Family Law, Merit Decisions, Ohio Supreme Court Watch | Tagged |

Oral Argument Preview: Properly Preserving An Off-The-Record Discussion For Appeal. State of Ohio v. Andrea Beasley.

Read the analysis of the argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Andrea Beasley, 2016-Ohio-1603. At issue in this case is … Continue reading

Posted in Criminal Law and Procedure, Evidence, Ohio Supreme Court Watch, Oral Argument Preview | 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.

Update: On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Where is the apology?”

Justice O’Neill

On April 6, 2017, the Supreme Court of Ohio heard … Continue reading

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

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 , |

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.

Update: On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

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

On April 6, 2017, … Continue reading

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

Oral Argument Preview: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule for Evidence Seized Pursuant to a Valid Search Warrant? State of Ohio v. Sherri Bembry and Harsimran Singh.

Update: On October 10, 2017, the Supreme Court of Ohio issued a merit decision in this case.  Read the analysis here.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of … Continue reading

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

What’s On Their Minds: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.

Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“We have an incident report on the date, time, location and the witnesses who observed an … Continue reading

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

Merit Decision: The U.S. Supreme Court Reverses the Supreme Court of Ohio in Ohio v. Clark.

On June 18, 2015, the U.S. Supreme Court handed down a merit decision in Ohio v. Clark. In a unanimous decision written by Justice Alito, in which Justice Scalia, joined by Justice Ginsburg, concurred in judgment only, and Justice … Continue reading

Posted in Constitutional Law, Evidence, Ohio Supreme Court Watch | Tagged , , , |