Category Archives: Ohio Supreme Court Watch

On Reconsideration: A Major Shift in Philosophy in Juvenile Jurisprudence? State v. Aalim, Part II.

On May 25, 2017, the Supreme Court of Ohio granted reconsideration in State v. Aalim, Slip Opinion No. 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck down December 22, 2016, in State v. Aalim, … Continue reading

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

What’s On Their Minds: Do Activities of Licensees Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

On May 16, 2017, the Supreme Court of Ohio heard oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case was accepted on jurisdictional appeal and cross-appeal. At issue on appeal … Continue reading

Posted in Ohio Supreme Court Watch, Property, Student Contributors, What's On Their Minds? | Tagged , , |

Extra! Extra! Court Reverses Itself in State v. Aalim; Upholds Mandatory Juvenile Transfer Statutes.

Update: Read the analysis of the new merit decision here.

Oh my. The court has granted reconsideration in State v. Aalim, Slip Opinion No. 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck … Continue reading

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

Court Dismisses Rush v. Univ. of Cincinnati Physicians, Inc. As Improvidently Accepted.

On May 22, 2017, by a vote of 5-2, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc. Slip Opinion No. 2017-Ohio-2896 as improvidently accepted. The issue in the case was whether an employee needs … Continue reading

Posted in Ohio Supreme Court Watch, Torts | Tagged |

What’s On Their Minds: Properly Preserving An Off-The-Record Discussion For Appeal. State of Ohio v. Andrea Beasley.

“Can’t we infer that the court assented to what counsel said by virtue of silence on the part of the court?”

Justice O’Donnell, to the prosecutor

On May 16, 2017, the Supreme Court of Ohio heard oral argument in the … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors | Tagged , |

Merit Decision: Court Okays Searches of Student Book Bag Left on School Bus. State v. Polk.

On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Polk, 2017-Ohio-2735. In a unanimous opinion written by Justice Kennedy, the court upheld the propriety of the searches of a book bag … Continue reading

Posted in Constitutional Law, Merit Decisions, Schools and Education | Tagged , , |

Wishing a Fond Farewell and My Thanks to my Graduating Student Contributors.

My two senior student contributors graduated from the University of Cincinnati College of Law on Saturday. Connie Kremer will again work this summer at Taft Stettinius and Hollister, and will join the firm as an associate after passing the … Continue reading

Posted in Student Contributors |

What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , |

Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

Read the analysis of the oral argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Property, Student Contributors | Tagged , |

Oral Argument Preview: Is Section of Felonious Assault Statute Singling Out Sexual Conduct of HIV Positive Persons Unconstitutional? State of Ohio v. Orlando Batista.

Read the analysis of the argument here

On May 17, 2017, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Orlando Batista, 2016-0903. At issue in the case is whether R.C. 2903.11(B)(1) violates the Equal … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |