Category Archives: Merit Decisions

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, Slip Opinion No. 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck down December 22, 2016, in State v. Aalim, … Continue reading

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, Slip Opinion No. 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck … Continue reading

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

Merit Decision: Court Okays Searches of Student Book Bag Left on School Bus. State v. Polk.

On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Polk, 2017-Ohio-2735. In a unanimous opinion written by Justice Kennedy, the court upheld the propriety of the searches of a book bag … Continue reading

Posted in Constitutional Law, Merit Decisions, Schools and Education | Tagged , , |

Merit Decision: Strict, Not Substantial Statutory Compliance Required to Properly Present Claim Against Estate. Wilson v. Lawrence.

On April 19, 2017, the Supreme Court of Ohio handed down a merit decision in Wilson v. Lawrence, Slip Opinion No. 2017-Ohio-1410. … Continue reading

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

Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.

On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, Slip Opinion No. 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did … Continue reading

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

State Files U.S. Supreme Court Cert. Petition in State v. Hand.

Update: On February 17, 2017, the U.S. Supreme Court turned down the state’s petition.

On August 25, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Hand, 2016-Ohio-5504. In a 4-3 opinion written by … Continue reading

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

Merit Decision: No Post-Market Duty to Warn in Products Case. Linert v. Foutz

On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz,  2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this case properly refused … Continue reading

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