On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that Ohio’s Good Samaritan statute, codified at R.C. 2305.23, applies to any person who administers emergency care
Merit Decisions
Merit Decision: Court Gives Broad Interpretation to Ohio’s Good Samaritan Statute. Carter v. Reese.
By Marianna Bettman on
On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that Ohio’s Good Samaritan statute, codified at R.C. 2305.23, applies to any person who administers emergency care…
Merit Decision: A Prior Juvenile Adjudication Cannot Be Used to Enhance an Adult Sentence. State v. Hand.
By Marianna Bettman on
Update: On September 15, 2016, Hand was resentenced by Montgomery County Court of Common Please Judge Dennis J. Langer to a non-mandatory three year term of incarceration, to be served consecutively with the three year mandatory firearm specification, for a total sentence of six years.
“Juvenile law and criminal law are not synonymous.” From the…
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…
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…
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…
Merit Decision: How To Perfect an Appeal from a Decision of the Unemployment Compensation Review Commission. Pryor v. Dir., Ohio Dept. of Job & Family Servs.
By Marianna Bettman on
On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in Pryor v. Dir., Ohio Dept. of Job & Family Servs., Slip Opinion No. 2016-Ohio-2907. In a 5-2 opinion written by Justice French, the court held that to perfect an appeal from a decision of the Unemployment Compensation Review…
Merit Decision: No Constitutional Violations in Domestic Violence Conviction. State v. Arnold
On April 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Arnold, 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which Justice French concurred in judgment with a separate opinion, the court upheld the conviction in this domestic violence…
Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.
By Marianna Bettman on
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…
Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.
By Marianna Bettman on
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…