Follow Legally Speaking Ohio
Marianna Brown Bettman
Marianna Brown Bettman is a law professor at the University of Cincinnati College of Law, where she teaches torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Each September since 2003, she has given a presentation at the Ohio Judicial Conference analyzing the year’s most important cases from the Supreme Court of Ohio. She also provides appellate consulting services to attorneys.
Category Archives: Merit Decisions
Merit Decision. Mortgage Servicers Are Not Covered Under Ohio’s Consumer Sales Practices Act. Anderson v. Barclay’s Capital Real Estate, Inc.
On May 14, 2013, the Supreme Court handed down a merit decision in Anderson v. Barclay’s Capital Real Estate, Inc., Slip Opinion No. 2013-Ohio-1933. By a vote of 5-2 (Justice French concurred in judgment only, but wrote nothing separately) … Continue reading
Merit Decision. Application of Ohio’s Health Care Apology Statute. Estate of Johnson v. Randall Smith, Inc.
On April 23, 2013, the Supreme Court of Ohio handed down a merit decision in Estate of Johnson v. Randall Smith, Inc., Slip Opinion No. 2013-Ohio-1507. In a unanimous decision written by Justice Lanzinger, … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Apology Statute, Medical Malpractice
Tagged Apology Statute, Medical Malpractice
Merit Decision. Requiring the Least Severe Sanction for Discovery Violations Applies to the State As Well As to the Defense. State v. Darmond.
On March 21, 2013, the Supreme Court handed down a merit decision in State v. Darmond, Slip Opinion No. 2013-Ohio-966. In a 6-1 decision written by Justice O’Neill, the Court found that the trial court abused its discretion in … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Crim.R.16. Discovery Violations, Sanctions
Tagged Crim.R.16. Discovery Violations, Sanctions
Court Grants Reconsideration in State v. Van Williams; Changes Only Remand Instruction.
With so many cases released at the end of 2012 (namely, all submitted cases, to make way for the new complement of justices) more than the usual number of reconsideration requests was probably inevitable. The Court granted one in State … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Supreme Court Grants Reconsideration in State v. Hood.
Before the changing of the guard at the Ohio Supreme Court, the Cuyahoga County Prosecutor’s office, joined by the Ohio Attorney General as amicus, moved the Court to reconsider its decision in State v. Hood, 2012-Ohio-5559. In a unanimous … Continue reading
Merit Decision. An Application and a Brochure Do Not a Contract Make. Rayess v. Educational Comm. for Foreign Med. Graduates.
On December 6, 2012, the Supreme Court handed down a merit decision in Rayess v. Educational Comm. for Foreign Med. Graduates, 2012-Ohio-5676. In a unanimous opinion for the Court, Justice O’Donnell wrote that neither an informational pamphlet describing an exam … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Formation of Written Contract
Tagged Formation of Written Contract
Case Disposition. Burlingame v. Estate of Burlingame reversed on the authority of Anderson v. Massillon.
On December 6, 2012, the Supreme Court of Ohio handed down a disposition in Burlingame v. Estate of Burlingame.
The Burlington case, like the Anderson case, involved two individuals who were killed when their van was struck by a … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Firefighters' Emergency Run, Governmental Immunity, Recklessness, Wanton, Willful
Tagged Firefighters' Emergency Run, Governmental Immunity, Recklessness, Wanton, Willful
Merit Decision. The Court Defines “Willful” “Wanton” and “ Reckless.” Anderson v. Massillon.
On December 6, 2012, the Supreme Court handed down a merit decision in Anderson v. Massillon, 2012-Ohio-5711. In a 5-2 decision written by Justice O’Donnell, the Court defined the terms “willful,” “wanton,” and “reckless,” and held that the terms … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Firefighters' Emergency Run, Governmental Immunity, Reckless, Wanton, Willful
Tagged Firefighters' Emergency Run, Governmental Immunity, Reckless, Wanton, Willful
Merit Decision. Proper Use of “Other Acts” Evidence in Sex Offenses. State v. Williams.
On December 6, 2012, the Supreme Court handed down a merit decision in State v. Williams, 2012-Ohio-5695. In a 6-1 decision written by Justice O’Donnell, in which Justice Lanzinger concurred in judgment only and Justice Pfeifer dissented, the Court … Continue reading
Posted in Merit Decisions, Ohio Supreme Court Watch
Tagged Evid. R. 404(B), Other Acts Evidence, Sex Offenses
Tagged Evid. R. 404(B), Other Acts Evidence, Sex Offenses
Merit Decision. Proving Actual Innocence. Doss v. State.
On December 6, 2012, the Supreme Court handed down a merit decision in Doss v. State, 2012-Ohio-5678. In a unanimous decision written by Justice Lanzinger, the Court held that a wrongfully imprisoned person must prove actual innocence in order … Continue reading
