On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to
The Disruption of Judicial Elections.
By Marianna Bettman on
Posted in Judiciary, Ohio Supreme Court Watch
Judicial elections can be very disruptive to a court’s work, especially an appellate court. Some would see this as one strike against electing appellate judges. The Supreme Court of Ohio has a lot of pending cases that have been argued and submitted. Three justices are running this year, two (Justices O’Donnell and Cupp) for re-election,…
Governor Kasich Announces Process for Replacing Retiring Justice Stratton
By Marianna Bettman on
Posted in Judiciary, Ohio Supreme Court Watch
Earlier this year, Justice Evelyn Lundberg Stratton announced that she would step down from the Supreme Court of Ohio at the end of this year, before her term expires January 1, 2015. She plans to help disabled veterans caught up in the criminal justice system.
Governor Kasich has announced the process he will use to…
Merit Decision: On Reconsideration, Acordia Wins a Reversal in Acordia of Ohio L.L.C v. Fischel.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On May 24, 2012, the Supreme Court of Ohio handed down the merit decision in Acordia of Ohio L.L.C v. Fischel. The high court held that a non-compete agreement signed by employees of a company that changes form or is merged out of existence passes by operation of law to the new company, but because…
What’s On Their Minds: What is the Effect of an Outstanding Arrest Warrant on Evidence Obtained from an Earlier Allegedly Unlawful Detention of the Defendant? State v. Damaad Gardner.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 26, 2012, the Supreme Court of Ohio heard oral argument in the case of State v. Damaad Gardner, 2011-2134. The issue in this case is whether an outstanding arrest warrant deprives the…
What’s on Their Minds: The Deliberate Removal of an Equipment Safety Guard. Larry Hewitt v. The L.E. Myers Co., et al.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
Update: On November 20, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 25, 2012, the Supreme Court of Ohio heard oral argument in the case of Larry Hewitt v. The L.E. Myers Co. et al., 2011-2013. This is an employer intentional tort case. The…
Merit Decision. Waiving an Amenability Hearing. State v. D.W.
By Marianna Bettman on
On Oct. 4, 2012, the Supreme Court of Ohio handed down a merit decision in State v. D.W.,2012-Ohio-4544. (when the case was originally briefed and calendared, the caption included the full name of the defendant. Effective July 1, 2012, initials are now required in the caption and body of published decisions involving juveniles). The case…
Merit Decision: A Juvenile’s Statutory Right to Counsel Does Not Attach at a Police Interrogation. In Re M.W.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On October 3, 2012, the Supreme Court of Ohio handed down a merit decision in In Re M.W., 2012-Ohio-4538. The case was argued December 6, 2011. By a vote of 4-3, the Court held that a juvenile has no statutory right to a lawyer during police questioning before court proceedings have begun. Justice O’Donnell…
What’s On Their Minds: The Use of “Other Acts” Evidence in Sex Crimes. State v. Van Williams.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On September 25, 2012 the Supreme Court of Ohio heard oral argument in the case of State v. Williams, 2011-2094. At issue in this case is the use of other acts testimony…
What’s on Their Minds: Proving Actual Innocence. Doss v. State
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 26, 2012, the Supreme Court of Ohio heard oral argument in the case of Doss v. State, 2012-0162. The issue in this case is whether the trial court properly granted Doss’ motion…