Supreme Court of Ohio’s Handling of Cases Submitted With Then-Justice O’Neill Participating, But Released After He Left the Court.

On November 2, 2017, a few days after his gubernatorial-run announcement, Justice Bill O’Neill included this in a letter to the Clerk of the Supreme Court of Ohio:

“I will not be participating in any new matters submitted to the … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

What’s on their Minds: Does A Juvenile Court’s Failure to Follow Procedures under Ohio’s Safe Harbor Law for Victims of Human Trafficking Invalidate the Juvenile’s Transfer to Adult Court? State of Ohio v. Alexis Martin

“What does the Guardian Ad Litem do in the context like this, different from what we have?”

Justice O’Donnell, to defense counsel

“Do you not think that the judge could have explained why she was not using the safe harbor … Continue reading

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

Farewell to Bill O’Neill.

Bill O’Neill is gone from the Supreme Court of Ohio. He left to pursue his run for governor. O’Neill’s last day was Friday, January 26, 2018, and his replacement has already been sworn in. O’Neill joined the Court on January … Continue reading

Posted in Commentary, Judiciary, Ohio Supreme Court Watch |

Merit Decision: A Fourth Amendment Workout. State v. Banks-Harvey.

On January 23, 2018, the Supreme Court of Ohio handed down a merit decision in State v. Banks-Harvey, Slip Opinion No. 2018-Ohio-201. Justice O’Neill wrote the lead opinion of the court, joined in full by Justices French and Fischer. … Continue reading

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

This Just In. Appellate Judge Mary DeGenaro Gets Bill O’Neill’s Seat on the Supreme Court of Ohio.

Tomorrow, January 26, 2018, is Bill O’Neill’s last day on the Supreme Court of Ohio. Mary DeGenaro, who is presently on the Seventh District Court of Appeals in Youngstown, has, as was widely expected, been appointed to the Supreme … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

Oral Argument Preview: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.

On January 23, 2018, the Supreme Court of Ohio will hear oral argument in the case, State of Ohio v. Maurice Mason, 2017-0200. At issue in the case is whether, under Ohio’s statutory scheme governing the death penalty, the … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , |

Oral Argument Preview: Does A Juvenile Court’s Failure to Follow Procedures under Ohio’s Safe Harbor Law for Victims of Human Trafficking Invalidate the Juvenile’s Transfer to Adult Court? State of Ohio v. Alexis Martin.

Read an analysis of the argument here.

On January 23, 2018, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Alexis Martin, 2016-1891. At issue in this case is whether … Continue reading

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

Oral Argument Preview: Further Defining the Tort of Spoliation of Evidence. Kristin Elliott-Thomas v. David Kane Smith, et al.

Read an analysis of the oral argument here.

On January 25, 2018, the Supreme Court of Ohio will hear oral argument in Kristen Elliott-Thomas v. David Kane Smith, et. al. 2017-0693. The issue in this case is … Continue reading

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

Merit Decision: Parent’s Right to Counsel at Termination of Parental Rights Hearing. In re R.K.

“In a case in which we are asked to ratify the civil equivalent of the death penalty, we simply cannot accept absence as acquiesce.”

Justice O’Neill, lead opinion.

On January 4, 2018, the Supreme Court of Ohio handed down a … Continue reading

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

Merit Decision: Trial Court’s Blanket Refusal to Accept No Contest Pleas Improper; Issue Was Preserved for Appeal. State v. Beasley.

“We conclude that a trial court abuses its discretion when it rejects a no-contest plea as a matter of course without considering the facts and circumstances of the case.”

Justice French

On January 4, 2018, the Supreme Court of Ohio … Continue reading

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