On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Jackson, 2016-Ohio-8127. In a unanimous opinion written by Chief Justice O’Connor, in which Justice French concurred in judgment only, the court held that a hearing following a community-control revocation is a sentencing hearing, and an offender
Merit Decisions
Merit Decision: Court Again Upholds Constitutionality of Cap on Noneconomic Tort Damages. Simpkins v. Grace Brethren Church.
By Marianna Bettman on
“It’s déjà vu all over again.” Yogi Berra.
On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church 2016-Ohio-8118. At issue in the case was an as-applied constitutional challenge to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In another fractured…
Merit Decision: Record of Attempted Robbery Conviction Cannot be Judicially Sealed. State v. V.M.D.
By Marianna Bettman on
Posted in Criminal Law and Procedure, Merit Decisions
On December 13, 2016, the Supreme Court of Ohio handed down a merit decision in State v. V.M.D., 2016-Ohio-8090. In a unanimous opinion written by Justice Pfeifer, the court held that attempted robbery is a crime of violence, and therefore a conviction for that offense cannot be judicially sealed. The case was argued September…
Merit Decision: Court Sides with Law Firm in Legal Malpractice Case. Ratonel v. Roetzel & Andress, L.P.A.
By Marianna Bettman on
On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy Luper Schuster, sitting for Chief Justice O’Connor, dissented without opinion, the court held that summary…
Merit Decision: Order Compelling Production of Documents Allegedly Protected by Attorney-Client Privilege is a Final Appealable Order. Darlene Burnham v. Cleveland Clinic, et al.
By Marianna Bettman on
Update: read what happened on remand in this case here.
On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic, Slip Opinion 2016-Ohio-8000. Oh my! Let me put it this way. Six justices agreed that the order compelling discovery in this particular case was final and…
Merit Decision Guest Post: Court Upholds Application of Ohio’s Commercial Activity Tax. Crutchfield Corp. v. Testa.
By Marianna Bettman on
Tax is totally not my field. But recognizing the significance of the decision in Crutchfield Corp. v. Testa, I asked my University of Cincinnati College of Law tax colleague Professor Stephanie Hunter McMahon to analyze the decision in the case. What follows is her superb guest post.
Guest Post on Crutchfield Corp. v. Testa…
Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.
By Marianna Bettman on
Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.
On November 21, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Kona, 2016-Ohio-7796. In a 4-3 opinion written by Justice…
Merit Decision: Court Nixes Tort of Negligent Misidentification. Foley v. Univ. of Dayton.
By Marianna Bettman on
“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”
Justice Sharon Kennedy.
On November 3, 2016, the Supreme Court of Ohio handed down a merit decision in Foley v.
Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.
By Marianna Bettman on
“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”
Chief Justice Maureen O’Connor
“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”…
Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.
Update: Read what happened on remand here.
On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional violation when the state seeks to retry an incarcerated defendant after…