Category Archives: Merit Decisions

Merit Decision. Court Nixes Psychologist’s Testimony. State v. Harris.

On January 22, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Harris, Slip Opinion No. 2015-Ohio-166.  In a unanimous opinion written by Justice Kennedy, in which Justice French wrote a short separate concurrence, … Continue reading

Posted in Criminal Law and Procedure, Evidence, Merit Decisions |
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Merit Decision. Court Continues to Dismantle the Employer Intentional Tort. Pixley v. Pro-Pak Industries, Inc.

On December 18, 2014, the Supreme Court of Ohio handed down a merit decision in Pixley v. Pro-Pak Industries, Inc., Slip Opinion No. 2014-Ohio-5460. There were two issues in this employer intentional tort case–whether the definition of equipment safety … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Torts |
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Merit Decision: Counsel Prejudicially Ineffective in Mitigation Phase in Death Penalty Case. State v. Herring.

On December 3, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Herring, Slip Opinion No. 2014-Ohio-5228. In a 4-3 opinion written by Justice Paul Pfeifer, the court granted Herring’s petition for post-conviction relief … Continue reading

Posted in Criminal Law and Procedure, Death Penalty, Merit Decisions |
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Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson

On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, Slip Opinion No. 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Court Disapproves Arrest Warrants Issued Without A Probable Cause Determination, But Denies Exclusion of Evidence as Remedy. State v. Hoffman

On November 4, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Hoffman, Slip Opinion No. 2014-Ohio-4795. In a 6-1 opinion written by Justice Judy Lanzinger, in which Justice Terrence O’Donnell wrote a short … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Court “Writs” Its Way Out of Deciding If a Worker Can Sue a Co-Worker for a Workplace Intentional Tort. State ex. rel. Yeaples v. Gall

On October 28, 2014, the Supreme Court of Ohio handed down a merit decision in State ex rel. Yeaples v. Gall, Slip Opinion No. 2014-Ohio-4724. In a 6-1 opinion written by Chief Justice O’Connor, in which Justice Pfeifer concurred … Continue reading

Posted in Civil Procedure, Employment Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Visiting Nurse Still Traveling Toward A Resolution of Her Right to Benefits. Friebel v. Visiting Nurse Assn. of Mid-Ohio.

On October 21, 2014, the Supreme Court of Ohio handed down a merit decision in Friebel v. Visiting Nurse Assn. of Mid-Ohio, Slip Opinion No. 2014-Ohio-4531. In a 5-2 decision written by Chief Justice Maureen O’Connor, in which Justice … Continue reading

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Merit Decision: Home Is More Than Just Where the Heart Is (The Rest of the Person Must Be There, Too) Schill v. Cincinnati Ins. Co.

On October 14, 2014, the Supreme Court of Ohio handed down a merit decision in Schill v. Cincinnati Ins. Co., Slip Opinion No. 2014-Ohio-4527. At issue in the case was the availability of umbrella coverage from an insurance policy in a … Continue reading

Posted in Insurance Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta

On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, Slip Opinion No. 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Failure to Raise Constitutional Challenges Below Proves Fatal. State v. Quarterman.

On September 23, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Quarterman,2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous opinion written by Justice … Continue reading

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