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Marianna Brown Bettman
Marianna Brown Bettman is Distinguished Teaching Professor and Professor of Practice Emerita at the University of Cincinnati College of Law, where she taught torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Professor Bettman is a frequent presenter on Supreme Court of Ohio cases at Continuing Legal and Judicial Education seminars and conferences including the Ohio Judicial Conference. She also provides appellate consulting services to attorneys.
Category Archives: Merit Decisions
Merit Decision: Strict, Not Substantial Statutory Compliance Required to Properly Present Claim Against Estate. Wilson v. Lawrence.
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, 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did not impermissibly give Rahab … Continue reading
Update: On February 17, 2017, the U.S. Supreme Court turned down the state’s petition.
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
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
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
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
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
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
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, 2016-Ohio-8195.
In this mandamus action, in a unanimous opinion written by Justice Lanzinger, in which Justice … Continue reading