Category Archives: Merit Decisions

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 , , , , |

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 |

Merit Decision: Court Interprets “Medical Record” in Favor of Patient. Griffith v. Aultman Hosp.

On March 23, 2016, the Supreme Court of Ohio handed down a merit decision in Griffith v. Aultman Hosp., Slip Opinion No. 2016-Ohio-1138. In a 5-2 opinion written by Justice Kennedy, the court held that a patient’s medical record … Continue reading

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

Merit Decision: Second Execution Attempt Not Unconstitutional. State v. Broom.

On March 16, 2016 the Supreme Court of Ohio handed down a merit decision in State v. Broom, Slip Opinion No. 2016-Ohio-1028. In a 4-3 opinion written by Justice Lanzinger, the court held that a second attempt to execute … Continue reading

Posted in Death Penalty, Merit Decisions, Ohio Supreme Court Watch | Tagged , |

Merit Decision: Court OK’s Punitive Damages Against Estate of Deceased Tortfeasor in Limited Circumstance. Whetstone v. Binner.

On March 15, 2016, the Supreme Court of Ohio handed down a merit decision in Whetstone v. Binner, Slip Opinion No. 2016-Ohio-1006. In a 4-3 opinion written by Chief Justice O’Connor, the court held that punitive damages can be … Continue reading

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

Merit Decision: Court Upholds Liquidated Damages Provision in Public Works Construction Contract. Boone Coleman Constr., Inc. v. Piketon.

On February 24, 2016, the Supreme Court of Ohio handed down a merit decision in Boone Coleman Constr., Inc. v. Piketon, Slip Opinion No. 2016-Ohio-628. In a fractured 6-1 opinion authored by Chief Justice O’Connor, the court upheld a … Continue reading

Posted in Contracts, Damages, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

Merit Decision: No Records that Lead to the Disclosure of Protected Health Information. Cuyahoga Cty. Bd. of Health v. Lipson O’Shea Legal Group.

On February 18, 2016, the Supreme Court of Ohio handed down a merit decision in Cuyahoga Cty. Bd. of Health v. Lipson O’Shea Legal Group, Slip Opinion No. 2016-Ohio-556. In a unanimous opinion authored by Justice Pfeifer, the court … Continue reading

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

Merit Decision: Defectively-Executed Recorded Mortgage Provides Constructive Notice to the World. In Re Messer.

On February 16, 2016, the Supreme Court of Ohio handed down a merit decision in In re Messer, Slip Opinion No. 2016-Ohio-510. This case involved the following two questions certified from bankruptcy court:

whether R.C. 1301.401 applies to all … Continue reading

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

Merit Decision: Court Nixes Warrantless Pre-Impoundment Inventory Search of Legally Parked Car Despite Arrest of Occupant. State v. Leak

On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Leak, 2016-Ohio-154. In a 4-3 decision written by Justice O’Neill, joined in full by Justices Lanzinger and Kennedy, in which Justice French … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions | Tagged , , |

Merit Decision: No Consumer Sales Practices Act Violation in Providing Auto Repair Estimate. Dillon v. Farmers Ins. of Columbus, Inc.

On December 29, 2015, the Supreme Court of Ohio handed down a merit decision in Dillon v. Farmers Ins. of Columbus, Inc., 2015-Ohio-5407.  In a 5-2 opinion authored by Chief Justice O’Connor, joined by Justices Lanzinger, O’Donnell, French and … Continue reading

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