Whitespace is like air: it is necessary for design to breathe
In case you missed the list of those who put in their names to Gov. Kasich to replace retiring Justice Evelyn Stratton, here it is. It is interesting how many folks applied from Southwestern Ohio—an area generally underrepresented on the Ohio Supreme Court, although Justice-elect Sharon Kennedy is from Butler County.
Appellate Judges Who have …
On November 20, 2012, the high court released three decisions from my “Burning the Midnight Oil” post list. Here they are, with the issue and short answer. I’ll blog more fully on them in the upcoming days.
Angel L. Horvath et. al. v. David Ish et. al. #2011-1089.
This case involves the interpretation of sports…
Justice Robert Cupp, defeated in the election by challenger William O’Neill, announced that he would not put his name in to be considered for appointment by Gov. Kasich to the unexpired portion of Justice Stratton’s term when she leaves the Court at year’s end, ending speculation that he might.
Justice Cupp released this statement November…
So many cases, so little time. With three incumbent justices leaving the Court, there’s going to be a lot of burning the midnight oil to get cases under submission released. One question I’ve been asked hypothetically is whether the four justices remaining—O’Donnell, Pfeifer, Lanzinger, and Chief Justice O’Connor — could decide any submitted cases that…
The Supreme Court of Ohio is about to have a dramatic make-over.
As I said in my October 16 post, judicial elections can be disruptive to the Court’s ongoing business. And this one will be. Two incumbents, Republican Robert Cupp and Democrat Yvette McGee Brown were defeated yesterday. Cupp was first elected to the…
On November 1, 2012 the Supreme Court of Ohio handed down a merit decision in State v. Emerson, 2012-Ohio-5047. The case was argued January 18, 2012. In a unanimous opinion written by Justice Cupp, the Court held that “a person has no reasonable expectation of privacy in his or her DNA profile extracted from a…
On October 30, 2012 the Supreme Court of Ohio issued a merit decision in In Re J.V., 2012-Ohio-4961. The case was argued December 7, 2011. The Court unanimously upheld the constitutionality of R.C. 2152.14, which allows the juvenile court to invoke the stayed adult portion of a juvenile’s blended—i.e. part juvenile, part adult—serious youthful…
On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. The case was argued April 4, 2012. The Court accepted the case on conflict certification, to resolve a split among the First, Second, and Eighth appellate districts, and on discretionary appeal on…
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
