Category Archives: Merit Decisions

Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, Slip Opinion No. 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional … Continue reading

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Merit Decision: Court Gives Broad Interpretation to Ohio’s Good Samaritan Statute. Carter v. Reese.

On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, Slip Opinion No. 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that … Continue reading

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Merit Decision: A Prior Juvenile Adjudication Cannot Be Used to Enhance an Adult Sentence. State v. Hand.

Update: On September 15, 2016, Hand was resentenced by Montgomery County Court of Common Please Judge Dennis J. Langer to a non-mandatory three year term of incarceration, to be served consecutively with the three year mandatory firearm specification, for a total … Continue reading

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Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.

On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, Slip Opinion No. 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, … Continue reading

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Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.

On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, Slip Opinion No. 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred … Continue reading

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Merit Decision: How To Perfect an Appeal from a Decision of the Unemployment Compensation Review Commission. Pryor v. Dir., Ohio Dept. of Job & Family Servs.

On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in Pryor v. Dir., Ohio Dept. of Job & Family Servs., Slip Opinion No. 2016-Ohio-2907. In a 5-2 opinion written by Justice French, the court … Continue reading

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Merit Decision: No Constitutional Violations in Domestic Violence Conviction. State v. Arnold

On April 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Arnold, Slip Opinion No. 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which … Continue reading

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Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, Slip Opinion No. 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, … Continue reading

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Merit Decision: No Immunity for Park for Injury to Recreational User from Rock Thrown by Mower. Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation

On April 19, 2016, the Supreme Court of Ohio handed down a merit decision in Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation, 2016-Ohio-1565. In a splintered 4-3 opinion written by Justice O’Donnell, joined in … Continue reading

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Merit Decision: Court Interprets “Medical Record” in Favor of Patient. Griffith v. Aultman Hosp.

On March 23, 2016, the Supreme Court of Ohio handed down a merit decision in Griffith v. Aultman Hosp, 2016-Ohio-1138. In a 5-2 opinion written by Justice Kennedy, the court held that a patient’s medical record is not limited … Continue reading

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