Category Archives: Ohio Supreme Court Watch

What’s On Their Minds: What Constitutes Proper Presentment of a Claim Against a Decedent’s Estate? James A. Wilson v. William Lawrence, Executor, et al.

“So our issue really is, is substantial compliance or strict compliance necessary here?” Chief Justice O’Connor

On January 11, 2017, the Supreme Court of Ohio heard oral argument in the case of James A. Wilson v. William Lawrence, Executor, … Continue reading

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

Merit Decision: No Post-Market Duty to Warn in Products Case. Linert v. Foutz

On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz, Slip Opinion No. 2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this … Continue reading

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

Merit Decision: R.C. 2307.60 Independently Authorizes Civil Action For Damages Caused By Criminal Acts. Jacobson v. Kaforey.

“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”

Justice O’Neill, majority opinion.

On December 28, 2016, the Supreme Court of Ohio handed down … Continue reading

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

Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.

“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court. This one-size-fits-all approach runs counter to the aims and goals of the … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions | Tagged , |

Oral Argument Preview: What Constitutes Proper Presentment of a Claim Against a Decedent’s Estate? James A. Wilson v. William Lawrence, Executor, et al.

Read an analysis of the oral argument here.

On January 11, 2017, the Supreme Court of Ohio will hear oral argument in the case of James A. Wilson v. William Lawrence, Executor, et al., 2016-Ohio-0180. At issue in … Continue reading

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

Merit Decision: No Police Liability for Injuries to Innocent Bystander During High Speed Chase of Fleeing Felon. Argabrite v. Neer.

“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”

Justice French, Majority opinion.

“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight … Continue reading

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

Announcing the Court’s Two Newest Justices.

It may be a legal holiday today, January 2, 2017, but the website for the Supreme Court of Ohio already has Justices Patrick F. Fischer (whose term started yesterday, January 1) and R. Patrick DeWine (whose term started … Continue reading

Posted in Ohio Supreme Court Watch, Uncategorized |

Top Ten Most Read Posts of 2016.

I don’t know why we all love lists, but we seem to, especially at year’s end.  So here’s the list of the top ten most visited blog posts in 2016:

For the third year in a row, number one is … Continue reading

Posted in Ohio Supreme Court Watch, Uncategorized |

Merit Decision: “De Facto” Life Sentence Unconstitutional for Juvenile Nonhomicide Offender. State v. Moore.

“The court in Graham was not barring a terminology-“life without parole”-but rather a punishment that removes a juvenile from society without a meaningful chance to demonstrate rehabilitation and obtain release.”

Justice Paul Pfeifer, majority opinion.

On December 22, 2016, the … Continue reading

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

Merit Decision: Capital Defendants to get Appeal of Right to High Court for Postconviction Denial of DNA Testing. State v. Noling.

“Are we to value speed over certainly? Of all cases that cry out for certainty, it is cases that result in the extinguishing of a human life.”

Chief Justice O’Connor, majority opinion

On December 21, 2016, the Supreme Court of … Continue reading

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