Category Archives: Merit Decisions

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

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

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

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

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

Posted in Merit Decisions, Ohio Supreme Court Watch |

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

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

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 2016-Ohio-8118.  At issue in the case was an as-applied constitutional challenge … Continue reading

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

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., 2016-Ohio-8090. In a unanimous opinion written by Justice Pfeifer, the court held that attempted robbery is a crime of violence, and … 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.

Update: read what happened on remand in this case here.

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 … 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 , , , |