Category Archives: Evidence

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.

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 the case is whether the exclusionary rule is a … Continue reading

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

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 , |

Breaking News.

The U.S. Supreme Court today, October 2, 2014, granted cert. in Ohio v. Clark. 13-1352. The two specific questions presented are:

Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes … Continue reading

Posted in Evidence, Ohio Supreme Court Watch |

Update on State v. Clark: U.S. Supreme Court Bound?

On October 2, 2014, the U.S. Supreme Court granted cert. in Ohio v. Clark. 13-1352.

On October 30, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Clark, 2013-Ohio-4731. In a 4-3 decision … Continue reading

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

What’s on their Minds: Proper Use at Trial of Defendant’s Statements to Court-Appointed Psychologist During a Competency Exam. State v. Harris

Update: On January 22, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On March 11, 2014, the Supreme Court of Ohio heard oral argument in the case of Continue reading

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

Oral Argument Preview: Proper Use at Trial of Defendant’s Statements to Court-Appointed Psychologist During a Competency Exam. State v. Harris

Update: On January 22, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

View the analysis of the oral argument here.

On March 11, 2014, the Supreme Court … Continue reading

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