On March 15, 2012 the Supreme Court of Ohio decided State v. Dunn, 2012-Ohio-1008. In this 6-1 decision written by Justice Stratton, the Court approved a warrantless traffic stop when the police reasonably believe there is an immediate need for their help to protect life or prevent a serious injury. Justice Lanzinger wrote
Ohio Supreme Court Watch
Merit Decision. Court finds for Home Buyers on Duty to Build House in a Workmanlike Manner. Jones v. Centex Homes.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
Update: Read what happened when the case was remanded here.
On March 14, 2012 the Supreme Court of Ohio decided Jones v. Centex Homes, 2012-Ohio-1001. The sole issue the Court decided is “whether a home buyer can waive his right to enforce a home builder’s legal duty to construct a house in a workmanlike manner.”…
Oral Argument Preview: Does the Filing of a Motion to Suppress by One Defendant Automatically Toll A Co-Defendant’s Speedy Trial Time? State v. Ramey.
By Marianna Bettman on
On June 28, 2012, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument in this case here.
On March 20, the Supreme Court of Ohio will hear oral argument in the case of State v. Keith Ramey, 2011-0595. The…
The Supreme Court of Ohio Enters the Culture Wars. D.W. v. T.L.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, Uncategorized
Update: on December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
Read the oral argument analysis of this case here.
Read the oral argument preview of this case here.
Kudos to one of my former students, attorney Ginger Bock for getting this interesting name change case…
Merit Decision: Court Limits Standing in Regulatory Takings Claim. Clifton v. Blanchester.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On March 1, 2012, the Supreme Court of Ohio decided Clifton v. v. Blanchester. 2012-Ohio-780, one of two cases it heard on the same day about standing in a takings case. The issue in Clifton is whether a property owner whose property is outside the limits of a municipality (in this case a village)…
In Sharper Focus: Defining Recklessness
By Marianna Bettman on
Posted in In Sharper Focus, Ohio Supreme Court Watch
In two torts cases it has heard recently, Burlingame v. Estate of Burlingame, and Estate of Anderson v. City of Massillon, the Supreme Court of Ohio is tackling the definition of recklessness in order to determine whether firefighters on emergency runs are entitled to immunity for fatal accidents they caused. Under R.C. 2744.03(A)(6)(b)…
Merit Decision: Resuming a Romantic Relationship Is Not Consideration for a Contract. Williams v. Ormsby.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On February 23, 2012 the Supreme Court of Ohio decided the case of Williams v. Ormsby, 2012-Ohio-690. The issue was whether “merely resuming a romantic relationship by moving into a home with another can serve as consideration for a contract,” and the answer from a 6-1 Court* (I think that’s the right count; Justice…
Merit Decision: The Court Upholds the Constitutionality of the Making Unreasonable Noise Section of the Disorderly Conduct Statute. State v. Carrick.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On February 22, 2012, in State v. Carrick, 2012-Ohio-608, in a unanimous decision by Justice Cupp, the Supreme Court of Ohio upheld the constitutionality of R.C. 2917.11(A)(2), which states that “No person shall recklessly cause inconvenience, annoyance, or alarm to another by…[m]aking unreasonable noise…”
Neighbors called police several times over loud music coming…
Merit Decision: Employer Intentional Torts and Sovereign Immunity. Sampson v. Cuyahoga Metropolitan Housing Authority.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On February 16 2012, the Supreme Court of Ohio decided the case of Sampson v. Cuyahoga Metr. Hous. Auth., 2012-Ohio-570. In a unanimous decision authored by Justice Cupp, the Court held that the employee of a political subdivision could sue his employer for an intentional tort that arose out of the employment relationship.
Darrell Sampson…
Merit Decision: The Constitutionality of the Mandatory Bifurcation Provision of R.C. 2315.21(B). Havel v. Villa St. Joseph.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On February 15, 2012, the Supreme Court of Ohio issued a decision in Havel v. Villa St. Joseph, 2012-Ohio-552. In a 5-2 decision (Chief Justice O’Connor concurred in judgment only) written by Justice O’Donnell, the Court upheld the constitutionality of R.C. 2315.21(B), the mandatory bifurcation provision of the punitive damages statute. This statute, as…