On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not the proper remedy for the admitted violation in this case of Ohio’s knock-and-announce statute. Chief Justice O’Connor and
Ohio Supreme Court Watch
Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.
By Marianna Bettman on
Update: On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the…
What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.
Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read an analysis here.
On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has…
What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.
Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read an analysis here.
On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has…
U.S. Supreme Court Denies Certiorari in Brandon Moore Case.
By Marianna Bettman on
Posted in Juvenile Law, Ohio Supreme Court Watch
Case Background
Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions for three counts each of aggravated robbery, rape, complicity to commit rape, and one count each of kidnapping, complicity to commit aggravated robbery, and aggravated menacing. Moore was fifteen years old when he committed these crimes. This…
U.S. Supreme Court Denies Certiorari in Brandon Moore Case.
By Marianna Bettman on
Posted in Juvenile Law, Ohio Supreme Court Watch
Case Background
Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions for three counts each of aggravated robbery, rape, complicity to commit rape, and one count each of kidnapping, complicity to commit aggravated robbery, and aggravated menacing. Moore was fifteen years old when he committed these crimes. This…
Merit Decision: Appointment of Guardian Ad Litem Required, But Failure To Do So Did Not Affect Outcome In This Case. State v. Morgan.
By Marianna Bettman on
“While we continue to characterize juvenile proceedings as civil rather than criminal in nature…the criminal aspect of delinquency proceedings is undeniable.”
Justice Kennedy, majority opinion.
“Today’s majority decision reinforces the criminal aspects of juvenile proceedings, not for the purpose of safeguarding a juvenile’s constitutional rights, but to limit appellate review of juvenile proceedings. The exercise…
What’s On Their Minds: Mother’s Right to Counsel at Permanent Custody Hearing. In re: R.K. (A.S., Appellant).
By Marianna Bettman on
Update: On January 4, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Is that the rule you want from this court—if you don’t show up you are deemed to have waived counsel in the most important court proceeding in your life?”
Justice O’Neill, to the…
What’s On Their Minds: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.
By Marianna Bettman on
Update: On January 31, 2018, the Supreme Court of Ohio released a merit decision in this case. Read the analysis here.
“My problem is, I’m still trying to figure out what damage did LGR have before their insurance company refused to defend them?”
Justice O’Neill
On September 12, 2017, the Supreme Court of Ohio heard…
What’s On Their Minds: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.
Update: On February 6, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health (2016-1348). At issue in this case is…