Category Archives: Ohio Supreme Court Watch

What Happened on Remand: More On Sivit v. Village Green of Beachwood, L.P

As I posted here, after the Supreme Court of Ohio reversed and remanded this case to apply the punitive damages cap in R.C. 2315.21(D)(2)(a) to the two million dollar punitive damages judgment, arguing began in earnest over the amount … Continue reading

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

Oral Argument Preview: Defendant’s Right to Allocution at Community Control Violation Hearing. State of Ohio v. Dominic Jackson

On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Dominic Jackson, 2015-1137. At issue in the case is whether a defendant has a right to allocution at … Continue reading

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

Oral Argument Preview: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson

On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher L. Anderson. At issue in this case is whether Constitutional Due Process rights bar the state from … Continue reading

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

Changing of the Guard For Student Contributors.

My two senior student contributors, Austin LiPuma and Michael Elliott, have now graduated, and are studying for the bar exam.  I want to thank them both for the excellent work they have done on the blog, and wish them well in … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors |

Merit Decision: How To Perfect an Appeal from a Decision of the Unemployment Compensation Review Commission. Pryor v. Dir., Ohio Dept. of Job & Family Servs.

On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in Pryor v. Dir., Ohio Dept. of Job & Family Servs., Slip Opinion No. 2016-Ohio-2907. In a 5-2 opinion written by Justice French, the court … Continue reading

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

“We have an incident report on the date, time, location and the witnesses who observed an alleged slip and fall. What’s privileged about that… How would we prevent all discovery from getting locked up in a ‘privileged’ category?” Justice O’Donnell, … Continue reading

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

Merit Decision: No Constitutional Violations in Domestic Violence Conviction. State v. Arnold

On April 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Arnold, Slip Opinion No. 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which … Continue reading

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

What Happened on Remand: State Threatens Writ of Procedendo to Compel Decision in Doss v. State

Case Background.

In 2006, Iran Doss was convicted of kidnapping and rape from an incident that occurred on New Year’s Eve of 2004. He was sentenced to four years in prison. Subsequently, the Eighth District Court of Appeals reversed the convictions, and ordered … Continue reading

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

Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, Slip Opinion No. 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, … Continue reading

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

What’s On Their Minds: Constitutionality of the Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim

“Even though as you said the legislature sets the rules, the court can say your rules are too extreme. And we can do that here.” Chief Justice O’Connor, to the Chief Deputy Solicitor.

“Don’t states have the right to determine … Continue reading

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