“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”

Justice Sharon Kennedy.

On November 3, 2016, the Supreme Court of Ohio handed down a merit decision in Foley v.

On November 2, 2016, by a vote of 5-2, the Supreme Court of Ohio dismissed as improvidently accepted Greater Dayton Regional Transit Auth. v. State Emp. Relations Bd., Slip Opinion No. 2016-Ohio-7559.  Chief Justice O’Connor and Justices Lanzinger, Pfeifer, O’Neill, and O’Donnell voted to dismiss. Justices Kennedy and French dissented.

At issue in this

Update: On July 5, 2017, the Supreme Court of Ohio again accepted an appeal of this case, and again remanded it back to the Ninth District.  Read more about that here.

There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was

“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”

Chief Justice Maureen O’Connor

“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”

Case Background

Then 15 year old Tyshawn Barker was taken into custody by police near midnight for questioning in regard to two fatal shootings. Another suspect had implicated Barker in those crimes during questioning earlier in the evening.

The police detectives electronically recorded Barker’s interrogation. Before questioning Barker, the police read him his Miranda rights.