On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did not impermissibly give Rahab a harsher sentence for exercising his right to a jury trial, and adopted an
Merit Decisions
State Files U.S. Supreme Court Cert. Petition in State v. Hand.
By Marianna Bettman on
Update: On February 17, 2017, the U.S. Supreme Court turned down the state’s petition.
On August 25, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Hand, 2016-Ohio-5504. In a 4-3 opinion written by Justice Lanzinger, joined by Justices O’Neill, Pfeifer, and Chief Justice O’Connor, the court held that…
Merit Decision: No Post-Market Duty to Warn in Products Case. Linert v. Foutz
By Marianna Bettman on
On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz, 2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this case properly refused to give a post-market failure to warn jury instruction, as the evidence did not warrant…
Merit Decision: R.C. 2307.60 Independently Authorizes Civil Action For Damages Caused By Criminal Acts. Jacobson v. Kaforey.
By Marianna Bettman on
Update: On October 25, 2018, the plaintiff, Jessica Jacobson, dismissed her complaint without prejudice.
“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”
Justice O’Neill, majority opinion.
On December 28, 2016, the Supreme Court of Ohio handed down a…
Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.
By Marianna Bettman on
Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it. Read the analysis of the new merit decision here.
“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court.…
Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.
By Marianna Bettman on
Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it. Read the analysis of the new merit decision here.
“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court.…
Merit Decision: No Police Liability for Injuries to Innocent Bystander During High Speed Chase of Fleeing Felon. Argabrite v. Neer.
By Marianna Bettman on
“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”
Justice French, Majority opinion.
“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight to avoid apprehension.”
Justice Kennedy, Separate Concurrence
“Unless pursuit is necessary for the immediate protection…
Merit Decision: “De Facto” Life Sentence Unconstitutional for Juvenile Nonhomicide Offender. State v. Moore.
By Marianna Bettman on
Update: read what happened on remand here.
“The court in Graham was not barring a terminology-“life without parole”-but rather a punishment that removes a juvenile from society without a meaningful chance to demonstrate rehabilitation and obtain release.”
Justice Paul Pfeifer, majority opinion.
On December 22, 2016, the Supreme Court of Ohio handed down a merit…
Merit Decision: Capital Defendants to get Appeal of Right to High Court for Postconviction Denial of DNA Testing. State v. Noling.
By Marianna Bettman on
“Are we to value speed over certainly? Of all cases that cry out for certainty, it is cases that result in the extinguishing of a human life.”
Chief Justice O’Connor, majority opinion
On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Noling, 2016-Ohio-8252. In an opinion written…
Merit Decision: Police Body-Cam Video Was Released Within a Reasonable Time. State ex rel. Cincinnati Enquirer v. Deters.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On December 20, 2016, the Supreme Court of Ohio handed down a merit decision in State ex rel. Cincinnati Enquirer v. Deters, 2016-Ohio-8195.
In this mandamus action, in a unanimous opinion written by Justice Lanzinger, in which Justice French concurred in judgment only, the court dismissed the complaint as to the relators who failed to…