On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, the court struck down R.C. 2907.03(A)(13) on its face, on equal protection grounds. The statute, a subsection of
Marianna Bettman
Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.
By Marianna Bettman on
On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, the court struck down R.C. 2907.03(A)(13) on its face, on equal protection grounds. The statute, a subsection of…
Case Preview: How Far Does the Statutory Obligation of Reunification Go for Children’s Services Agencies? In the Matter of: A.J. Adjudged Neglected Child.
By Marianna Bettman on
Update: On December 20, 2016, the Supreme Court of Ohio, by a vote of 5-2, held that the children services agency properly followed the rules in refusing to place A.J. in substitute care with a relative. See, In re A.J., 2016-Ohio-0353
On August 16, 2016, the Supreme Court of Ohio was to hear oral argument…
Case Preview: How Far Does the Statutory Obligation of Reunification Go for Children’s Services Agencies? In the Matter of: A.J. Adjudged Neglected Child.
By Marianna Bettman on
Update: On December 20, 2016, the Supreme Court of Ohio, by a vote of 5-2, held that the children services agency properly followed the rules in refusing to place A.J. in substitute care with a relative. See, In re A.J., 2016-Ohio-0353
On August 16, 2016, the Supreme Court of Ohio was to hear oral argument…
What Happened on Remand: Cleveland Trial Judge Finally Decides Iran Doss Was Not Wrongfully Imprisoned. Doss v. State.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What Happened on Remand
Update: On August 24, 2016, Doss filed a notice of appeal from Judge Villaneuva’s decision.
Case Background.
On New Year’s Eve 2004, 23-year-old J.P. came from Ravenna to celebrate with friends at a club in Cleveland. She consumed a large number of alcoholic drinks throughout the night, and awoke the next morning in an unfamiliar…
What’s On Their Minds: Permissibility of Disparate Treatment for Capital Defendants in Postconviction Review of Applications for DNA Testing. State v. Noling.
By Marianna Bettman on
Update: On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to do that. In a capital case, they (capital defendants) get a bite at the apple of…
What’s On Their Minds: Fleshing Out the Tort of Negligent Misidentification. Foley v. Univ. of Dayton.
By Marianna Bettman on
Update: On November 3 2016, the court handed down a merit decision in this case. Read the analysis here.
“So they (Petitioners) purposefully identified these people-they didn’t negligently identify them.” Chief Justice O’Connor, to counsel for Petitioners.
On July 13, 2016, the Supreme Court of Ohio heard oral argument in the case of Foley v. …
Oral Argument Preview: Fleshing Out the Tort of Negligent Misidentification. Foley v. Univ. of Dayton.
By Marianna Bettman on
Update: On November 3 2016, the court handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument in this case here.
On July 13, 2016, the Supreme Court of Ohio will hear oral argument in the case of Foley v. Univ. of Dayton, 2015-2032. At…
Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.
By Marianna Bettman on
On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred in judgment only, the court held that Deutsche Bank had standing to pursue the foreclosure action in this…
Another Submitted Case Passes One Year Mark Without Decision. State of Ohio v. Issa Kona.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On June 10, 2015, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Issa Kona, 2014-0733. At issue in this case is whether a noncitizen must be advised of the immigration consequences of a written admission of guilt required by a diversion program. The case has…