Category Archives: Merit Decisions

Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.

On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, Slip Opinion No. 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C. 2903.11(B)(1), which requires persons who know they are HIV … Continue reading

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

Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.

On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, Slip Opinion No. 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not … Continue reading

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Merit Decision: Appointment of Guardian Ad Litem Required, But Failure To Do So Did Not Affect Outcome In This Case. State v. Morgan.

“While we continue to characterize juvenile proceedings as civil rather than criminal in nature…the criminal aspect of delinquency proceedings is undeniable.”

Justice Kennedy, majority opinion.

“Today’s majority decision reinforces the criminal aspects of juvenile proceedings, not for the purpose of … Continue reading

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Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian

On  September 12, 2017, the Supreme Court of Ohio handed down a merit decision in Stewart v. Vivian, Slip Opinion No. 2017-Ohio-7526. The court was asked to answer the following certified question:

“[Are] a health care provider’s statements of … Continue reading

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Merit Decision: Auto Accident Victim Cannot Recover from Strip Club for Injuries Caused by Intoxicated Dancer. Johnson v. Montgomery.

“Nothing in our precedents dictates that the word “person” be limited to patrons.”

Justice DeWine, majority opinion

“I am unable to join a majority decision that absolves from liability a liquor-permit holder who encourages the dancers in its club to … Continue reading

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Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.

“The trooper’s questioning of Oles in the front seat of the patrol car did not rise to the level of a custodial interrogation requiring Miranda warnings.”

Chief Justice O’Connor, from majority opinion

“Every police vehicle is now a police station … Continue reading

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

Merit Decision: Court Nixes Adoption; Finds Putative Father Did Not Willfully Abandon Birth Mother. In Re Adoption of P.L.H.

“This appeal charges us with the unenviable task of reaching a result that either overrides the adoption plan of a diligent birth mother and separates P.L.H. from the only home he has ever known or that terminates permanently C.W.’s fundamental … Continue reading

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

Merit Decision: No Sentencing Break in Adult Court for Bound-Over Juvenile Offender. State v. Anderson.

On July 5, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson Slip Opinion No. 2017-Ohio-5656. Although the blog did not preview this case, it is a companion to the decision on the … Continue reading

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

On Reconsideration: A Major Shift in Philosophy in Juvenile Jurisprudence? State v. Aalim, Part II.

On May 25, 2017, the Supreme Court of Ohio granted reconsideration in State v. Aalim, No. 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck down December 22, 2016, in State v. Aalim,  2016-Ohio-8278.

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

Extra! Extra! Court Reverses Itself in State v. Aalim; Upholds Mandatory Juvenile Transfer Statutes.

Update: Read the analysis of the new merit decision here.

Oh my. The court has granted reconsideration in State v. Aalim,  2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck down December 22, … Continue reading

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