The Supreme Court of Ohio released two decisions today, February 6, 2018, ruling against two separate abortion clinics, one for lack of standing, the other for failing to follow a rule requiring a written hospital transfer agreement. The blog will analyze both merit decisions, but for now, as a heads-up, here are brief quotations from
Merit Decisions
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, 2018-Ohio-201. Justice O’Neill wrote the lead opinion of the court, joined in full by Justices French and Fischer. Justice Kennedy concurred in judgment only, with a separate opinion. The four of them agreed that the…
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, 2018-Ohio-201. Justice O’Neill wrote the lead opinion of the court, joined in full by Justices French and Fischer. Justice Kennedy concurred in judgment only, with a separate opinion. The four of them agreed that the…
Merit Decision: Parent’s Right to Counsel at Termination of Parental Rights Hearing. In re R.K.
By Marianna Bettman on
“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 merit decision in In re R.K., 2018-Ohio-23. In the lead opinion, written by…
Merit Decision: Parent’s Right to Counsel at Termination of Parental Rights Hearing. In re R.K.
By Marianna Bettman on
“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 merit decision in In re R.K., 2018-Ohio-23. In the lead opinion, written by…
Merit Decision: Trial Court’s Blanket Refusal to Accept No Contest Pleas Improper; Issue Was Preserved for Appeal. State v. Beasley.
By Marianna Bettman on
“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 handed down a merit decision in State v. Beasley, 2018-Ohio-16. In a unanimous…
Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.
Update: Batista filed a cert. petition with the U.S. Supreme Court on March 23, 2018. The state waived response. The petition was denied on April 23, 2018.
On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C.…
Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.
On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not the proper remedy for the admitted violation in this case of Ohio’s knock-and-announce statute. Chief Justice O’Connor and…
Merit Decision: Appointment of Guardian Ad Litem Required, But Failure To Do So Did Not Affect Outcome In This Case. State v. Morgan.
By Marianna Bettman on
“While we continue to characterize juvenile proceedings as civil rather than criminal in nature…the criminal aspect of delinquency proceedings is undeniable.”
Justice Kennedy, majority opinion.
“Today’s majority decision reinforces the criminal aspects of juvenile proceedings, not for the purpose of safeguarding a juvenile’s constitutional rights, but to limit appellate review of juvenile proceedings. The exercise…
Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian
By Marianna Bettman on
On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in Stewart v. Vivian, 2017-Ohio-7526. The court was asked to answer the following certified question:
“[Are] a health care provider’s statements of fault or statements admitting liability made during the course of apologizing or commiserating with a patient or…