Category Archives: Merit Decisions

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

Posted in Criminal Law and Procedure, Merit Decisions | Tagged , |

Merit Decision: Court Sides with Law Firm in Legal Malpractice Case. Ratonel v. Roetzel & Andress, L.P.A.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy … Continue reading

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Merit Decision: Order Compelling Production of Documents Allegedly Protected by Attorney-Client Privilege is a Final Appealable Order. Darlene Burnham v. Cleveland Clinic, et al.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic,  Slip Opinion No. 2016-Ohio-8000. Oh my! Let me put it this way. Six justices agreed that the order compelling discovery … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

Merit Decision Guest Post: Court Upholds Application of Ohio’s Commercial Activity Tax. Crutchfield Corp. v. Testa.

Tax is totally not my field. But recognizing the significance of the decision in Crutchfield Corp. v. Testa, I asked my University of Cincinnati College of Law tax colleague Professor Stephanie Hunter McMahon to analyze the decision in the … Continue reading

Posted in Guest Posts, Merit Decisions, Ohio Supreme Court Watch |

Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.

Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.

On November 21, 2016, the Supreme Court of Ohio handed … Continue reading

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

Merit Decision: Court Nixes Tort of Negligent Misidentification. Foley v. Univ. of Dayton.

“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”

Justice Sharon Kennedy.

On November … Continue reading

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Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.

“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”

Chief Justice Maureen O’Connor

“This case moves us one … Continue reading

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

Update: Read what happened on remand here.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson,  2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held … Continue reading

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

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

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