Category Archives: What’s On Their Minds?

What’s On Their Minds: Must Noncitizens be Warned of the Immigration Consequences of a Written Admission of Guilt Required by a Diversion Program? State of Ohio v. Issa Kona.

“The access to justice that we are concerned about, what is the problem with requiring the court when there is a noncitizen and there is a situation like this, for the court to say you could have immigration problems, have … Continue reading

Posted in Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , , |

What’s On Their Minds: Liquidated Damages or Penalty in Public Construction Contract? Boone Coleman Construction Co., Inc. v. Village of Piketon, Ohio.

“Is this a big problem in the construction area? I don’t see a whole host of amici here coming to your side of the table. I’d say the construction industry, especially those that do business with the state—I’d expect them … Continue reading

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

What’s On Their Minds: Does a Botched Execution Attempt Preclude a Second Try? State of Ohio v. Romell Broom.

“Are you arguing that the Constitution requires a quick and painless death in and of itself?” Justice Lanzinger, to defense counsel.

“What is the assurance [the state] is going to follow a revised protocol? When reading what occurred here start … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

What’s On Their Minds: Father Tries to Take the Fifth in Domestic Violence Case Against Son. State of Ohio v. Jeffrey C. Arnold.

“Are you not troubled by the fact that the trial court, rather than explaining the parameters of the Fifth, merely said, you’ll either testify or you will be held in contempt.  Don’t you think that falls a little short of … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged |

What’s On Their Minds: Protected Health Information or Public Record? Board of Health of Cuyahoga County v. Lipson O’Shea Legal Group.

“So your position is get out of our lives? We don’t have to deal with you and we don’t have to disclose anything?” Justice Pfeifer to the lawyer for the Board of Health.

On May 19, 2015, the Supreme Court … Continue reading

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

What’s On Their Minds: Are Oil and Gas Rights Marital or Separate Property In A Divorce? James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle.

On May 5, 2015, the Supreme Court of Ohio heard oral argument in the case of James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle, 2014-0601.  At issue in this case is whether a signing bonus for oil and … Continue reading

Posted in Family Law, Property, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Liability of a School Bus Driver for Child Injured While Crossing the Street After the Bus Has Driven Away. Amber Sallee (A Minor) v. Stephanie Watts, et al.

“Assuring that the child crosses the roadway to the residence side is, in your view, the operation of a motor vehicle?” Justice O’Donnell to Amber Sallee’s counsel.

On March 25, 2015, the Supreme Court of Ohio heard argument in the … Continue reading

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

What’s On Their Minds: Do Mandatory Sex Offender Classifications Constitute Cruel and Unusual Punishment? State of Ohio v. Travis Blankenship.

“What is wrong with affording a hearing instead of a cookie-cutter one size fits all? Allowing the defendant to come in and individualize it?” Justice Paul Pfeifer, to the prosecutor.

On March 10, 2015, the Supreme Court of Ohio heard … Continue reading

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

What’s On Their Minds: Right to a Public Hearing and Public Deliberations. Adam Stewart vs. Board of Education of Lockland School District.

On March 10, 2015, the Supreme Court of Ohio heard oral argument in the case of Adam Stewart v. Board of Education of Lockland School District, 2014-0164. At issue in this case is whether a for-cause public employee can … Continue reading

Posted in Constitutional Law, Employment Law, Student Contributors, What's On Their Minds? | Tagged , , , |

What’s On Their Minds: Standing in Foreclosure Cases, Again. Note and Mortgage or Note or Mortgage at Time of Filing? SRMOF 2009-1 Trust v. Shari Lewis et al.

Update: on April 22, 2015, the court unanimously dismissed this case as improvidently certified.

“Aren’t there rights of a mortgage holder to enforce a foreclosure independent of the note? We don’t want to recognize some new field of law … Continue reading

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