Category Archives: Ohio Supreme Court Watch

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 , |

Oral Argument Preview: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.

On May 4, 2016, the Supreme Court of Ohio will hear oral argument in the case of Darlene Burnham v. Cleveland Clinic, et al., 2015-1127. At issue in this case is whether an order requiring disclosure of material that a … Continue reading

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

What’s On Their Minds: Does R.C. 2307.60 Independently Authorize a Civil Action for Criminal Acts? Jessica Jacobson v. Ellen Kaforey et al.

“Would you say that any criminal act gives rise to civil recovery?” Chief Justice O’Connor, to plaintiff’s counsel.

On April 19, 2016, the Supreme Court of Ohio heard oral argument in the case of Jessica Jacobson v. Ellen Kaforey … Continue reading

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

Merit Decision: No Immunity for Park for Injury to Recreational User from Rock Thrown by Mower. Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation

On April 19, 2016, the Supreme Court of Ohio handed down a merit decision in Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation, Slip Opinion No. 2016-Ohio-1565. In a splintered 4-3 opinion written by Justice … Continue reading

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

What Happened on Remand: A Big Argument Over Distribution of the Punitive Damages. Sivit v. Village Green of Beachwood, L.P

Case Background

In October of 2007, a building in the Village Green Apartments in Beachwood was destroyed by fire.  The apartments were owned by Village Green of Beachwood, L.P., and managed by Forest City Residential Management, Inc. (Collectively, Village Green). … Continue reading

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

Oral Argument Preview: Does R.C. 2307.60 independently authorize a civil action for criminal acts? Jessica Jacobson v. Ellen Kaforey et al.

On April 19, 2016, the Supreme Court of Ohio will hear oral argument in the case of Jessica Jacobson v. Ellen Kaforey et al., 2015-1340. The case was accepted on certified conflict to determine whether R.C. 2307.60 establishes a … Continue reading

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

What’s On Their Minds? The Application of the Medical Malpractice Statute of Repose to Vested Claims. David Antoon et al. v. Cleveland Clinic Foundation et al.

On April 5, 2016, the Supreme Court of Ohio heard oral argument in the case of David Antoon et al. v. Cleveland Clinic Foundation et al., 2015-0467. At issue in the case is whether the statute of repose for … Continue reading

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