Whitespace is like air: it is necessary for design to breathe
“By any fair reading of Crim.R. 11(C)(2), the potential R.C. 2929.141(A) sentence was part of the ‘maximum penalty involved’ in this case.”
Justice French, lead opinion
“…The lead opinion’s analysis cannot be squared with the language of the postrelease-control statute or our decisions recognizing that a sanction for a postrelease-control violation is not punishment for…
Further update: on August 4, 2020, the court of appeals decision was reversed and the case remanded to the appeals court for application of State v. Taylor, Slip Opinion 2020-Ohio-3514, in which the Court held on July 2, 2020, that R.C. 2947.23(C) does not require a trial court to consider the defendant’s ability…
“R.C. 3103.03(A) and the admission agreement leave no question that Robert was the debtor and that his estate remains primarily responsible for his liabilities. Embassy was therefore required to seek recourse first against Robert’s estate before seeking payment from Cora.”
Justice French, majority opinion
“Because the necessaries statute permits a claim to be made directly…
Update: read what happened on remand here.
“We hold that under the plain language of R.C. 2315.18(A)(7), defamation is a ‘civil action for damages for injury or loss to person.’”
Justice Fischer, majority opinion
“Defamation is an injury or loss to reputation, not to person, and therefore the caps on damages in R.C. 2315.18 do…
Update: read what happened on remand here.
“We hold that under the plain language of R.C. 2315.18(A)(7), defamation is a ‘civil action for damages for injury or loss to person.’”
Justice Fischer, majority opinion
“Defamation is an injury or loss to reputation, not to person, and therefore the caps on damages in R.C. 2315.18 do…
As promised in my earlier post, here is the more in-depth analysis of the decision in the bobblehead case, Cincinnati Reds, L.L.C. v. Testa, by University of Cincinnati Law Professor Stephanie Hunter McMahon, who teaches tax.
In addition to the guest post from Professor McMahon, readers might also be interested in Dan Trevas’ excellent summary…
Justice Pat Fischer, quoting longtime Cincinnati Reds radio announcer Marty Brennaman
On November 21, 2018, the Supreme Court of Ohio handed down a merit decision in Cincinnati Reds, L.L.C. v. Testa, 2018-Ohio-4669. In an opinion written by Cincinnati Justice Pat Fischer, the Court held that the Reds do not have to pay a use tax…
Should Justice Pat DeWine have recused himself in cases in which the Attorney General’s office, led by his father, either appeared as a party, or as an amicus? On November 9, 2018, a three-judge hearing panel unanimously said no, and dismissed a complaint filed January 30, 2018 by Bradley N. Frick, a Columbus attorney appointed…
Since the departure of former Justice Bill O’Neill in January, it’s been an all-Republican Supreme Court of Ohio, although there is often significant difference in viewpoint among those Republicans. Take the rights of juveniles, for example. There’s still a big split on those cases, with Chief Justice O’Connor leading the charge in recognizing all the…
“Schmitz’s experience of disorientation as to time and place following head impacts establishes that he was, or at least should have been, aware that he had sustained head injuries. But head injuries, including concussions, are an inherent part of football…They do not inherently suggest the existence of actionable wrongdoing.”
Justice French, majority opinion
On October…
