Category Archives: Merit Decisions

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, Slip Opinion No. 2017-Ohio-2735. In a unanimous opinion written by Justice Kennedy, the court upheld the propriety of the searches of … 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, Slip Opinion No. 2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this … Continue reading

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

Merit Decision: R.C. 2307.60 Independently Authorizes Civil Action For Damages Caused By Criminal Acts. Jacobson v. Kaforey.

“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”

Justice O’Neill, majority opinion.

On December 28, 2016, the Supreme Court of Ohio handed down … Continue reading

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

Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.

Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it.  Read the analysis of the new merit decision here.

“The mandatory-transfer statutes preclude a juvenile court judge from taking any … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions | Tagged , |

Merit Decision: No Police Liability for Injuries to Innocent Bystander During High Speed Chase of Fleeing Felon. Argabrite v. Neer.

“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”

Justice French, Majority opinion.

“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight … Continue reading

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