Category Archives: Evidence

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.

“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 , |

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: 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.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Sherri Bembry and Harsimran Singh, 2016-0238. At issue in … 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 , , , |

Ohio v. Clark to be Argued Today at U.S. Supreme Court.

And I was supposed to be there in person to hear the argument, but as she so often has this winter, Mother Nature refused to cooperate, so I must settle for listening to the tapes and reading the transcript. Not … Continue reading

Posted in Constitutional Law, Evidence |

Merit Decision: Totality of the Circumstances Governs in Trash Pull Case. State v. Jones.

On February 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Jones, 2015-Ohio-483. In a unanimous opinion written by Justice Lanzinger, the court held that the proper standard to determine whether probable cause … Continue reading

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

Merit Decision. Court Nixes Psychologist’s Testimony. State v. Harris.

Update: On December 20, 2016, Harris withdrew his not guilty plea. The court entered a plea of guilty to involuntary manslaughter and sentenced Harris to 13 years with credit for time served.

On January 22, 2015, the Supreme Court of … Continue reading

Posted in Criminal Law and Procedure, Evidence, Merit Decisions | Tagged , |