Category Archives: Merit Decisions

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

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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

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

“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court. This one-size-fits-all approach runs counter to the aims and goals of the … Continue reading

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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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Merit Decision: “De Facto” Life Sentence Unconstitutional for Juvenile Nonhomicide Offender. State v. Moore.

“The court in Graham was not barring a terminology-“life without parole”-but rather a punishment that removes a juvenile from society without a meaningful chance to demonstrate rehabilitation and obtain release.”

Justice Paul Pfeifer, majority opinion.

On December 22, 2016, the … Continue reading

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Merit Decision: Capital Defendants to get Appeal of Right to High Court for Postconviction Denial of DNA Testing. State v. Noling.

“Are we to value speed over certainly? Of all cases that cry out for certainty, it is cases that result in the extinguishing of a human life.”

Chief Justice O’Connor, majority opinion

On December 21, 2016, the Supreme Court of … Continue reading

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Merit Decision: Police Body-Cam Video Was Released Within a Reasonable Time. State ex rel. Cincinnati Enquirer v. Deters.

On December 20, 2016, the Supreme Court of Ohio handed down a merit decision in State ex rel. Cincinnati Enquirer v. Deters, Slip Opinion No. 2016-Ohio-8195.

In this mandamus action, in a unanimous opinion written by Justice Lanzinger, … Continue reading

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Merit Decision: Offender Has Right of Allocution at Community Control Revocation Hearing. State v. Jackson.

On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Jackson, Slip Opinion No. 2016-Ohio-8127. In a unanimous opinion written by Chief Justice O’Connor, in which Justice French concurred in judgment only, … Continue reading

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Merit Decision: Court Again Upholds Constitutionality of Cap on Noneconomic Tort Damages. Simpkins v. Grace Brethren Church.

“It’s déjà vu all over again.” Yogi Berra.

On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church, Slip Opinion No. 2016-Ohio-8118.  At issue in the case was an … Continue reading

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Merit Decision: Record of Attempted Robbery Conviction Cannot be Judicially Sealed. State v. V.M.D.

On December 13, 2016, the Supreme Court of Ohio handed down a merit decision in State v. V.M.D., Slip Opinion No. 2016-Ohio-8090. In a unanimous opinion written by Justice Pfeifer, the court held that attempted robbery is a crime … Continue reading

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