Update: On April 1, 2021, in an opinion written by Judge Frank Celebrezze, Jr. and joined by Judges Eileen A. Gallagher and Mary Eileen Kilbane, the Eighth District overruled the remaining assignments of error regarding the manifest weight of the evidence, Civ. R. 30(B)(5) testimony of the designated witness for the Cleveland Clinic, and a
Merit Decisions
Merit Decision: Trial Court Properly Handled Post-Trial Change-of-Heart Letter from Juror. Jones v. Cleveland Clinic Found.
By Marianna Bettman on
Update: On April 1, 2021, in an opinion written by Judge Frank Celebrezze, Jr. and joined by Judges Eileen A. Gallagher and Mary Eileen Kilbane, the Eighth District overruled the remaining assignments of error regarding the manifest weight of the evidence, Civ. R. 30(B)(5) testimony of the designated witness for the Cleveland Clinic, and a…
Merit Decision: Court Nixes Noncitzen’s Attempt to Withdraw Guilty Pleas; Faces Deportation After Living In U.S. Since 1986. State v. Bozso
By Marianna Bettman on
“Bozso has not presented any contemporaneous evidence that avoiding deportation motivated his decisionmaking process at or around the time he entered his guilty pleas.”
Justice French, Majority Opinion
“Because there is a reasonable probability that Bozso would not have pleaded guilty but for the erroneous advice he received regarding the possibility of relief from deportation…
Merit Decision: Court Nixes Noncitzen’s Attempt to Withdraw Guilty Pleas; Faces Deportation After Living In U.S. Since 1986. State v. Bozso
By Marianna Bettman on
“Bozso has not presented any contemporaneous evidence that avoiding deportation motivated his decisionmaking process at or around the time he entered his guilty pleas.”
Justice French, Majority Opinion
“Because there is a reasonable probability that Bozso would not have pleaded guilty but for the erroneous advice he received regarding the possibility of relief from deportation…
Merit Decision: Mental Health Records Fair Game in Claim for Child Custody and Spousal Support in Divorce Case. Torres Friedenberg v. Friedenberg
By Marianna Bettman on
“The General Assembly has made consideration of the parties’ physical and mental health not only relevant but mandatory in determining both child custody and spousal support.”
Justice French, lead opinion
“Contrary to the lead opinion’s contention, then, parties to a divorce do not subject themselves to a fishing expedition through all of their physical- and…
Merit Decision: Mental Health Records Fair Game in Claim for Child Custody and Spousal Support in Divorce Case. Torres Friedenberg v. Friedenberg
By Marianna Bettman on
“The General Assembly has made consideration of the parties’ physical and mental health not only relevant but mandatory in determining both child custody and spousal support.”
Justice French, lead opinion
“Contrary to the lead opinion’s contention, then, parties to a divorce do not subject themselves to a fishing expedition through all of their physical- and…
Merit Decision: Court Strikes Down Part of Civil Stalking Protection Orders as Unconstitutional Prior Restraint on Speech. Bey v. Rasawehr
By Marianna Bettman on
“…[T]he potential abuse of speech rights in the future cannot justify the blanket prohibition imposed here on Rasawehr’s speech before it has even been uttered.”
Justice Donnelly, opinion of the Court
On June 16, 2020, the Supreme Court of Ohio handed down a merit decision in Bey v. Rasawehr, 2020-Ohio-3301. In a unanimous opinion…
Merit Decision: Court OK’s Admissibility of Radar and Laser Speed Tests Without Expert Testimony or Judicial Notice of the Science. Brook Park v. Rodojev.
By Marianna Bettman on
“We are satisfied that the scientific principles underlying laser speed-measuring devices are sufficiently reliable and hold that the results of a laser speed-measuring device are admissible in Ohio courts without expert testimony establishing their reliability or the court taking judicial notice of the scientific principles underlying that technology.”
Justice Stewart, Majority Opinion
“Because the majority…
Merit Decision: Equitable Issues Must Still Be Resolved to Determine Who Gets Cell Tower Rents. LRC Realty, Inc. v. B.E.B. Properties.
By Marianna Bettman on
“Crucially, in this case, no words of reservation appear on the face of the instrument in connection with the words ‘rent’ or rental payments,’ which are entirely absent from the deed.”
Justice Fischer, Opinion of the Court
On June 9, 2020, the Supreme Court of Ohio handed down a merit decision in LRC Realty, Inc. v.
Merit Decision: Equitable Issues Must Still Be Resolved to Determine Who Gets Cell Tower Rents. LRC Realty, Inc. v. B.E.B. Properties.
By Marianna Bettman on
“Crucially, in this case, no words of reservation appear on the face of the instrument in connection with the words ‘rent’ or rental payments,’ which are entirely absent from the deed.”
Justice Fischer, Opinion of the Court
On June 9, 2020, the Supreme Court of Ohio handed down a merit decision in LRC Realty, Inc. v.