Joshua Polk, then a student at Whetstone High in Columbus, left his book bag on the school bus. An initial search of the bag pursuant to an unwritten school policy didn’t turn up anything but papers identifying Polk as the owner of the bag, but a later, more thorough search in the principal’s office turned
Ohio Supreme Court Watch
What’s On Their Minds: Using a Juvenile Adjudication as an Element of an Adult Offense. State of Ohio v. Anthony Carnes.
Update: On August 15, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On February 27, 2018, the Supreme Court of Ohio heard oral argument in State of Ohio v. Anthony Carnes, 2017-0087. At issue in this case is whether a juvenile adjudication can be…
Commentary: One Less Execution in Ohio.
By Marianna Bettman on
Remember Alva Campbell? He was a decrepit 69-year-old inmate on death row, who was supposed to be executed on November 15, 2017. Campbell committed heinous crimes, no question about it. But he had also been in miserable health, using a walker to get around, apparently suffering from lung cancer, COPD, respiratory failure, and prostate cancer.…
What’s On Their Minds: Clarifying Requirements About Smoking History for Workers Exposed to Asbestos Who Have Lung Cancer. Bobby Turner, et al. v. CertainTeed Corporation, et al.
By Marianna Bettman on
Update: On September 27, 2018, the Supreme Court of Ohio handed down a merit decision in Turner v. CertainTeed Corp., 2018-Ohio-3869. In an opinion written by Justice Fischer, joined in full only by Justices French and DeGenaro, the court set forth the requirements in an asbestos case for a plaintiff who is also a…
What’s On Their Minds: Must a Social Worker Advise an Incarcerated Defendant of his Rights Pursuant to Miranda? State of Ohio v. Demetrius Jackson.
Update: On June 7, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Your argument is if the police pay an informant, they control him. Isn’t the parallel if the state pays an employee they control him, also?”
Justice Fischer, to the Assistant Prosecutor
On February…
Merit Decision: Cumulative Exposure To Various Products Containing Asbestos Does Not Establish Substantial Factor Causation. Schwartz v. Honeywell Internatl., Inc.
By Marianna Bettman on
“It is impossible to reconcile a statutory scheme that requires an individualized finding of substantial causation for each defendant with a theory that says every defendant that contributed to the overall exposure is a substantial cause.”
Justice DeWine, Majority Opinion
On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in…
Merit Decision: No Public Hiking or Biking Yet. Court Finds Material Disputed Facts on Adverse Possession Claims. Koprivec v. Rails-to-Trails of Wayne Cty.
By Marianna Bettman on
Update: On March 25, 2020, the Bilinoviches and Rails-to-Trails settled their claims against each other. The claims of the Koprivecs and the Koontzes are still pending.
“If a licensee is on the property of the title holder performing acts that would ordinarily require the permission of the owner, the exclusivity of the adverse-possession claimant would…
Oral Argument Preview: Using a Juvenile Adjudication as an Element of an Adult Offense. State of Ohio v. Anthony Carnes
Merit Decision: Abortion Clinic Lacks Standing to Make Single-Subject Challenge to State Budget Bill for Inclusion of Abortion Provisions. Preterm-Cleveland, Inc. v. Kasich.
By Marianna Bettman on
“The Supreme Court of the United States has stated standing “’is not dispensed in gross.’”
Justice O’Donnell, majority opinion.
On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in Preterm-Cleveland, Inc. v. Kasich,2018-Ohio-441. (According to the Reporter’s Note, the case was actually decided on January 24, 2018, while…
What’s On Their Minds: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.
Update: On April 18, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Does it matter that in Ohio if the jury had not recommended death, the trial court would have no authority to impose death?”
Justice French, to defense counsel
On January 23, 2018, the…