Category Archives: What’s On Their Minds?

What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of the dancer, and the money goes into my … Continue reading

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

What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.

“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”

Justice French

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of State of Ohio … Continue reading

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

What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

“Where is the apology?”

Justice O’Neill

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, … Continue reading

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

What’s On Their Minds: Is Questioning in the Front Seat of a Police Cruiser a Custodial Interrogation? City of Cleveland v. Benjamin Oles.

“So, he’s not free to leave. Why is he (Oles) not in custody at that point?”

Justice O’Neill.

On March 1, 2017, the Supreme Court of Ohio heard oral argument in the case of City of Cleveland v. Benjamin … 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: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule? State of Ohio v. Sherri Bembry and Harsimran Singh.

“Going forward, how do we ensure that we don’t have a successive violation of the knock and announce rule if in fact we say, well, yeah, there was a violation, but it doesn’t really make any difference. There will never … 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: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

“This was a backpack sitting on an empty school bus.  In this day, that’s concerning. I can’t help but look at this from a very practical perspective, perhaps as a parent, and think, everybody knows a backpack sitting there by itself … Continue reading

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

What’s On Their Minds: Propriety of Sentencing Penalty for Exercising Right to Trial. State of Ohio v. Malik Rahab.

Update: On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Counsel, do you think it is ever appropriate to look at and comment on a defendant exercising … 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: Satisfying the Clarity Element of a Wrongful Termination Claim. McGowan v. Medpace.

Update: on April 12, 2017, the Court dismissed this case as improvidently accepted.

“I don’t understand how this is anything other than a termination for supporting public policy in Ohio.”

Justice O’Neill, to counsel for Medpace

On February 8, … Continue reading

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

What’s On Their Minds: Does a Juvenile Need to Show Prejudice When the Court Fails to Appoint a Guardian Ad Litem? State of Ohio v. Raymond Morgan.

“But what I am troubled with is at certain stages of these proceedings, there was a breakdown between the lawyer and the child. And if that’s not a red flag for a judge to look at a GAL, I don’t … Continue reading

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

What’s On Their Minds: Arbitrator’s Powers in Police Disciplinary Action. Ohio Patrolmen’s Benevolent Ass’n, et al. v. City of Findlay.

“Isn’t the issue whether the arbitrator was bound by the matrix…?”                                            Justice French

On February 7, 2017, the Supreme Court of Ohio heard oral argument in the case of Ohio Patrolmen’s Benevolent Ass’n, et al. v. City of Findlay, … Continue reading

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