Merit Decisions

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Wow! No wonder this one took so long. On August 30, 2012, the Supreme Court of Ohio handed down a merit decision in Moore v. Middleton, 2012-Ohio-3897. It’s a biggie, so expect a long post. As I’ve written previously on the blog, this case was argued the same day as Clifton v. Blanchester,…

On August 29, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Jillian Hobbs,  2012-Ohio-3886. The Court accepted the case on conflict certification and discretionary review and consolidated the cases.  The certified question is “may a law enforcement officer, serving in a dual-role as an officer and deputy clerk…

On August 28, 2012, the Supreme Court of Ohio handed down a merit decision in De Vries Dairy, L.L.C. v. White Eagle Cooperative, 2012-Ohio-3828. The issue in this case is whether, under the applicable circumstances, Ohio recognizes a cause of action for tortious acts in concert under the Restatement (2d) of Torts, § 876. The…

On July 19, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gunnell, 2012-Ohio-3236.  The issue in this state’s appeal is whether a mistrial was properly granted. If not, double jeopardy barred retrial.

 The Background Facts

This is a very messy case. Toneisha Gunnell and three other women drove…

Read a student law review article critically analyzing this decision here.

On July 3, 2012, the Supreme Court of Ohio issued a merit decision in Miller v. Miller,  2012-Ohio-2928. At issue in this case is the interpretation of Ohio’s corporate advancement statute, codified at R.C. 1701. 13 (E)(5).

Trumbull Industries is an Ohio…

On June 28, 2012, the Supreme Court of Ohio issued a merit decision in State v. Ramey,  2012-Ohio-2904. In a unanimous opinion written by Chief Justice O’Connor, the Court held that the filing of a motion to suppress by one criminal defendant does not automatically toll a co-defendant’s speedy trial time.

On October 7, 2009,…

Further Update: The July 9, 2012 Cincinnati Enquirer reports that the Cincinnati School Board is about to sell at least five more old school buildings. All of these now must first be offered to charter schools.  Thanks to a change in the law, the School Board no longer gets to skip that step if it…

Update: On July 25, 2012, the Court, by a vote of 6-1, granted reconsideration in this case. No additional briefing has been ordered at this time. Read more about this ruling here. On October 11, 2012, the Court issued its new merit decision, reversing the earlier one.  Read the analysis of Acordia II here.

On…

Update: On July 25, 2012, the Court, by a vote of 6-1, granted reconsideration in this case. No additional briefing has been ordered at this time. Read more about this ruling here. On October 11, 2012, the Court issued its new merit decision, reversing the earlier one.  Read the analysis of Acordia II here.

On…