On November 1, 2012 the Supreme Court of Ohio handed down a merit decision in State v. Emerson, 2012-Ohio-5047. The case was argued January 18, 2012. In a unanimous opinion written by Justice Cupp, the Court held that “a person has no reasonable expectation of privacy in his or her DNA profile extracted from a
Marianna Bettman
Merit Decision: Statutory Right of Juvenile Judge to Invoke the Adult Portion of a Blended Sentence Upheld, but Juvenile Court Jurisdiction Ends at Age 21. In Re. J.V.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On October 30, 2012 the Supreme Court of Ohio issued a merit decision in In Re J.V., 2012-Ohio-4961. The case was argued December 7, 2011. The Court unanimously upheld the constitutionality of R.C. 2152.14, which allows the juvenile court to invoke the stayed adult portion of a juvenile’s blended—i.e. part juvenile, part adult—serious youthful…
Merit Decision: Court Smacks Freddie Mac in Home Foreclosure Case. Federal Home Loan Mortgage Corp. v. Schwartzwald.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. The case was argued April 4, 2012. The Court accepted the case on conflict certification, to resolve a split among the First, Second, and Eighth appellate districts, and on discretionary appeal on…
Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.
By Marianna Bettman on
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.
By Marianna Bettman on
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
The Disruption of Judicial Elections.
By Marianna Bettman on
Posted in Judiciary, Ohio Supreme Court Watch
Judicial elections can be very disruptive to a court’s work, especially an appellate court. Some would see this as one strike against electing appellate judges. The Supreme Court of Ohio has a lot of pending cases that have been argued and submitted. Three justices are running this year, two (Justices O’Donnell and Cupp) for re-election,…
Governor Kasich Announces Process for Replacing Retiring Justice Stratton
By Marianna Bettman on
Posted in Judiciary, Ohio Supreme Court Watch
Earlier this year, Justice Evelyn Lundberg Stratton announced that she would step down from the Supreme Court of Ohio at the end of this year, before her term expires January 1, 2015. She plans to help disabled veterans caught up in the criminal justice system.
Governor Kasich has announced the process he will use to…
Merit Decision: On Reconsideration, Acordia Wins a Reversal in Acordia of Ohio L.L.C v. Fischel.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On May 24, 2012, the Supreme Court of Ohio handed down the merit decision in Acordia of Ohio L.L.C v. Fischel. The high court held that a non-compete agreement signed by employees of a company that changes form or is merged out of existence passes by operation of law to the new company, but because…
What’s On Their Minds: What is the Effect of an Outstanding Arrest Warrant on Evidence Obtained from an Earlier Allegedly Unlawful Detention of the Defendant? State v. Damaad Gardner.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 26, 2012, the Supreme Court of Ohio heard oral argument in the case of State v. Damaad Gardner, 2011-2134. The issue in this case is whether an outstanding arrest warrant deprives the…
What’s on Their Minds: The Deliberate Removal of an Equipment Safety Guard. Larry Hewitt v. The L.E. Myers Co., et al.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
Update: On November 20, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 25, 2012, the Supreme Court of Ohio heard oral argument in the case of Larry Hewitt v. The L.E. Myers Co. et al., 2011-2013. This is an employer intentional tort case. The…