On May 14, 2014 the Supreme Court handed down a merit decision in Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co. 2014-Ohio-1937. In a 4-3 decision written by Justice O’Neill, for himself, Justices Pfeifer and Lanzinger, and Chief Justice O’Connor, the court held R.C. 2305.131, Ohio’s construction statute of repose, unconstitutional as applied
Ohio Supreme Court Watch
Justice O’Neill Continues to Refuse to Impose the Death Penalty.
By Marianna Bettman on
Posted in Death Penalty, Ohio Supreme Court Watch
When Justice Bill O’Neill joined the Court January 2, 2013, he wasted no time in making clear his opposition to the death penalty. On January 25, 2013, O’Neill dissented from the order of execution in the case of State v. Wogenstahl, 2013-Ohio-164. He wrote,
“While I recognize that capital punishment is the law of the…
Merit Decision: Much Ado About Very Little in a Medical Malpractice Case. Hayward v. Summa Health Sys./Akron City Hosp.
By Marianna Bettman on
On May 8, 2014, the Supreme Court of Ohio handed down a merit decision in Hayward v. Summa Health Sys./Akron City Hosp., 2014-Ohio-1913. I’m going to quote the headnote verbatim on what the Court held in this 6-1 decision authored by Justice Kennedy. Understandably, there is no syllabus in this case.
“When a jury’s…
Oral Argument Preview: Employer Intentional Torts and Equipment Safety Guards. Phillip E. Pixley v. Pro-Pak Industries, Inc., et al.
By Marianna Bettman on
Update: On December 18, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Yep. The employer intentional tort is back again. On May 14, 2014, the Supreme Court of Ohio will hear oral argument in the case of Phillip E. Pixley v. Pro-Pak Industries, Inc., et…
What’s On Their Minds: Ineffective Assistance of Counsel at Mitigation Phase of Death Penalty Case. State of Ohio v. Willie Herring.
By Marianna Bettman on
Update: On December 3, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On April 29, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Willie Herring, 2011-0451. At issue in this case is whether, in…
More on Ohio Judicial Elections
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, Uncategorized
Last May, at the Ohio State Bar Association annual meeting, in her State of the Judiciary Address Chief Justice Maureen O’Connor announced eight questions to start a dialogue to strengthen judicial elections in Ohio. These are the questions she posed:
1. Should Ohio Change the Law So Judicial Races Are No Longer Listed at the…
Much Ado About the Death Penalty.
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
On April 22, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Davis, Slip Opinion No. 2014-Ohio-1615, affirming the conviction and death sentence of a man convicted of shooting and killing his ex-girlfriend in 1983. What’s interesting in the case is that the opinion was written by Justice…
Still More on the Prade Case.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On March 19, 2014, a three judge panel of the Ohio Ninth District Court of Appeals unanimously reversed the trial court ruling that found Douglas Prade “actually innocent” of his ex-wife’s murder. You can read more about that here. That same day, Prade filed a notice of appeal and motion for immediate stay of execution…
Oral Argument Preview: Ineffective Assistance of Counsel at Mitigation Phase of Death Penalty Case. State of Ohio v. Willie Herring.
By Marianna Bettman on
Update: On December 3, 2014, 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 April 29, 2014, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Willie Herring, 2011-0451…
Oral Argument Preview: Ineffective Assistance of Counsel at Mitigation Phase of Death Penalty Case. State of Ohio v. Willie Herring.
By Marianna Bettman on
Update: On December 3, 2014, 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 April 29, 2014, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Willie Herring, 2011-0451…