I’ve added the category “In Sharper Focus” to my Ohio Supreme Court Watch. From time to time, I will do a more detailed analysis of a point that comes up either at oral argument or in a merit decision. In State v. Johnson, Justice Lanzinger asked about greater protection for criminal defendants under the Ohio
Ohio Supreme Court Watch
In Sharper Focus: The New Judicial Federalism in Ohio.
In State v. Johnson, Justice Lanzinger asked whether the Ohio Constitution provides greater protection than the federal constitution requires. What did she mean by that? Let’s look at that In Sharper Focus.
In 1975, in Oregon v. Hass, 420 U.S. 714 (1975) the U.S. Supreme Court urged states to expand their constitutional doctrines to…
In Sharper Focus: The New Judicial Federalism in Ohio.
In State v. Johnson, Justice Lanzinger asked whether the Ohio Constitution provides greater protection than the federal constitution requires. What did she mean by that? Let’s look at that In Sharper Focus.
In 1975, in Oregon v. Hass, 420 U.S. 714 (1975) the U.S. Supreme Court urged states to expand their constitutional doctrines to…
What’s On Their Minds? Must the Police Have a Warrant to Place a GPS Tracking Device Under a Car? State v Johnson
10/25/12 According to attorney Bill Gallagher, the trial judge again denied the motion to suppress in this case, and he plans to appeal again.
10/12/12. Further Update: According to a story in the Cincinnati Herald by Dan Yount, Sudinia Johnson, the defendant in the Ohio case, remains in prison. His attorney William Gallagher questions why…
Riding Circuit
A long time ago, judges used to ride circuit, meaning go out into the district to hear cases. The Supreme Court of Ohio is doing exactly that tomorrow, hearing cases at the Highland County Court House in Hillsboro. This is part of the Off-Site Court Program, started in 1987 by the late Chief Justice Tom…
Oral Argument Preview: Blowin’ Smoke. A Constitutional Challenge to Ohio’s Smoke Free Workplace Law. Jackson v. Bartec, Inc.
Update: The merit decision in this case was handed down May 23, 2012. Read the analysis of the decision here.
On October 19 the Supreme Court of Ohio will hear oral argument in Jackson v. Bartec, Inc., which challenges the enforcement of Ohio’s smoking ban law, O.R.C. Chapter 3794. At issue in the…
Merit Decision: When Can a Third Party Be an Intended Beneficiary under a Contract? Huff v. FirstEnergy Corp.
As a torts professor, I enjoy teaching cases where the law of torts and contracts intersect. One such area is when a tort duty arises in favor of the intended beneficiary of a contract. The Supreme Court of Ohio has just released an opinion in one such case – Huff v. FirstEnergy Corp., 2011-Ohio-5083.
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Oral Argument Preview: If the Police Believe an Occupant of a Car Needs Emergency Assistance Based on a Tip to the Dispatcher, is a Warrantless Stop Permissible? State v. Dunn.
Update: The merit decision in this case was handed down March 15, 2012. Read the analysis of the decision here.
On October 19, the Supreme Court of Ohio will hear oral arguments in the case of State v. Dunn, 2011-0213.The issue in this case is whether a traffic stop made under the belief that…
Oral Argument Preview: What Standard Should Be Used to Grant a Mistrial for Juror Misconduct? State v. Gunnell.
Oral Argument Preview: Must the Police Have a Warrant to Place a GPS Tracking Device Under a Car? State v Johnson.
Update: On March 13 2012, the Supreme Court of Ohio vacated the judgment of the court of appeals in this case, and remanded it back to the trial court to apply the holding in U.S. v. Jones, 132 S.Ct.945 (2012). The last paragraph of this post questioned why the Ohio Supreme Court was hearing this…