On December 5, 2012, the Supreme Court announced a merit decision in State v. Raber, 2012-Ohio-5636 The case was argued August 21, 2012. In a 6-1 decision written by Justice O’Donnell, the Court held that a trial court had no jurisdiction to classify Raber as a sex offender fourteen months after entering its judgment of
The Avalanche Gathers Speed.
Further Update–turns out that was just the morning releases. In the afternoon, the Court released another batch–probably all that were left, since Justice McGee Brown’s term has ended.
Update: The Court released 18 decisions on December 6, 2012.
On December 5, 2012, the Supreme Court announced that as part of its “year-end transition process” it…
Merit Decision. “My Gut Reaction is to Subpoena Verizon. ” The Admissibility of Cell Phone Records. State v Hood.
Update: On December 31, 2012, the Supreme Court granted reconsideration in this case and replaced it with Hood II, 2012-Ohio-6208 Read the analysis of Hood II here.
On December 3, 2012, the Supreme Court handed down a merit decision in State v. Hood, Slip Opinion No. 2012-Ohio-5559. This case, argued November 8, 2011, was…
Ohio Supreme Court Swearing-In Ceremonies.
The Ohio Supreme Court announced the following schedule of swearing-in ceremonies:
- Justice-elect Sharon L. Kennedy’s ceremony will be December 7 at 1:30 p.m. in the Supreme Court courtroom at the Thomas J. Moyer Ohio Judicial Center in Columbus.
- Justice-elect William M. O’Neill’s ceremony will be December 27 at 7 p.m. at the Eighth District Court
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Merit Decision. Re-Sentencing After Failing to Include a Mandatory Provision. State v. Moore.
On November 29, 2012, the Supreme Court handed down a merit decision in State v. Moore, 2012-Ohio-5479. The case was argued May 23, 2012. In a 6-1 decision authored by Justice Cupp, the Court held that the failure to include a mandatory fine in a sentence when an affidavit of indigency was not filed before…
Continuing Legal and Judicial Education Changes Adopted.
After a year long study by the Commission on Continuing Legal Education, the Ohio Supreme Court has adopted a number of changes to the CLE and CJE Requirements. These changes will go into effect January 1, 2014. Some of the more noteworthy ones are
- It will now be ok to eat and do CLE at
…
Merit Decision. Some Medical Malpractice Fundamentals. Branch v. Cleveland Clinic Foundation.
On November 21, 2012, the Supreme Court handed down a merit decision in Branch v. Cleveland Clinic Found., 2012-Ohio-5345. The case was argued June 20, 2012. In a 6-1 decision written by Justice McGee Brown, the Court reinstated a jury verdict in favor of the Clinic, reversing the court of appeals on a number…
Merit Decision. Some Medical Malpractice Fundamentals. Branch v. Cleveland Clinic Foundation.
On November 21, 2012, the Supreme Court handed down a merit decision in Branch v. Cleveland Clinic Found., 2012-Ohio-5345. The case was argued June 20, 2012. In a 6-1 decision written by Justice McGee Brown, the Court reinstated a jury verdict in favor of the Clinic, reversing the court of appeals on a number…
Merit Decision: Court Establishes a Narrow Definition of Equipment Safety Guard in Workplace Intentional Tort Case. Hewitt v. L.E. Myers Co.
On November 20, 2012, the Supreme Court handed down a merit decision in Hewitt v. L.E. Myers Co. 2012-Ohio-5317. The case was argued September 25, 2012. In a 6-1 decision written by Justice Stratton, the Court defined “equipment safety guard” as “a device designed to shield the operator from exposure to or injury by…
Merit Decision. No immunity for Diving Board Accident at Indoor Municipal Swimming Pool. M.H. v. Cuyahoga Falls.
Update: Read what happened on remand in this case here and here.
On November 20, 2012 the Court handed down a merit decision in M.H. v. Cuyahoga Falls, 2012-Ohio-5336. (when the case was originally argued, the minor’s name was in the caption, but due to a rule change, initials have been substituted.) The case…