Category Archives: Ohio Supreme Court Watch

Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, Slip Opinion No. 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional … Continue reading

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

Defense Files Cert. Petition in U.S. Supreme Court in Romell Broom Case

In State v. Broom, 2016-Ohio-1028, the Supreme Court of Ohio decided in a 4-3 opinion written by Justice Judy Lanzinger that a second attempt to carry out the death penalty after the first attempt at lethal injection failed, was … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch |

What’s On Their Minds: Validity of Permanent Surrender Agreement in Adoption Case. In re: (C.C.S.), (C.L.S.) v. Adoption by Gentle Care.

“I’m just looking for any basis at all to say that the social worker is a fiduciary in this situation.” Justice French, to counsel for C.L.S.

On August 31, 2016, the Supreme Court of Ohio heard oral argument in the … Continue reading

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

Merit Decision: Court Gives Broad Interpretation to Ohio’s Good Samaritan Statute. Carter v. Reese.

On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, Slip Opinion No. 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Torts | Tagged , |

The Chief Thanks Justices Pfeifer and Lanzinger for their Service

As I wrote in this post yesterday, today, August 31, 2016, is the last set of oral arguments to be heard by Justices Paul Pfeifer and Judy Lanzinger, who cannot run for re-election because of the age limits in the … Continue reading

Posted in Ohio Supreme Court Watch |

Merit Decision: A Prior Juvenile Adjudication Cannot Be Used to Enhance an Adult Sentence. State v. Hand.

Update: On September 15, 2016, Hand was resentenced by Montgomery County Court of Common Please Judge Dennis J. Langer to a non-mandatory three year term of incarceration, to be served consecutively with the three year mandatory firearm specification, for a total … Continue reading

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

Elections, Retirements, and the Court’s Business.

There are no oral arguments posted on the Court’s calendar past August 31, 2016. So, absent any emergency hearings, this week will be the last set of oral arguments heard by Justice Judy Lanzinger and Justice Paul Pfeifer, neither of … Continue reading

Posted in Ohio Supreme Court Watch |

Oral Argument Preview: Validity of Permanent Surrender Agreement in Adoption Case. In re: (C.C.S.), (C.L.S.) v. Adoption by Gentle Care.

Read an analysis of the oral argument here.

On August 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of In re: (C.C.S.), (C.L.S.) v. Adoption by Gentle Care, 2016-0395. At issue is … Continue reading

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

What’s On Their Minds: Interpreting the Meaning of “Transacts Business” under R.C. 4117.13(D). Greater Dayton Regional Transit Authority v. State Employment Relations Board et al.

“You don’t run busses in Franklin County. You don’t have bus stops, you don’t have parking lots, you don’t have any of the essentials to a bus service?” Chief Justice O’Connor to counsel for GDRTA.

“You are familiar with the … Continue reading

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

State Cries Foul in State v. Mole; Seeks Reconsideration.

Merit Decision

On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, Slip Opinion No. 2016-Ohio-5124. In a 4-3 opinion, the court struck down R.C. 2907.03(A)(13) on its face, on … Continue reading

Posted in Ohio Supreme Court Watch |