Update: On December 22, 2020, in a 4-3 decision, the Court reversed the judgment of the Seventh District Court of Appeals on the authority of State v. Patrick Slip Opinion No. 2020-Ohio-6803, and remanded the case back to the Seventh District for further proceedings consistent with its opinion in Patrick. Read the analysis of
June 2020
Oral Argument Preview: Are Educators Liable for Bullying Injuries? A.J.R., et al. v. Board of Education of Toledo City School District, et al.
By Marianna Bettman on
What’s On Their Minds: Causation Conflation: What is the Appropriate Test for Cause in a Corrupting-Another-With-Drugs Death Case? State of Ohio v. Mark A. Price.
By Marianna Bettman on
Update: On October 20, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So, what should the judge have said?”
Justice DeWine to counsel for Price
On June 16, 2020, the Supreme Court of Ohio heard oral argument in State of Ohio v. Mark A. Price…
Verbal fillers at oral argument
By Terry Posey on
Demystifying “umms” and “uhhs” in order to improve oral argument.
Continue Reading Verbal fillers at oral argument
Merit Decision: Court Strikes Down Part of Civil Stalking Protection Orders as Unconstitutional Prior Restraint on Speech. Bey v. Rasawehr
By Marianna Bettman on
“…[T]he potential abuse of speech rights in the future cannot justify the blanket prohibition imposed here on Rasawehr’s speech before it has even been uttered.”
Justice Donnelly, opinion of the Court
On June 16, 2020, the Supreme Court of Ohio handed down a merit decision in Bey v. Rasawehr, 2020-Ohio-3301. In a unanimous opinion…
Merit Decision: Court OK’s Admissibility of Radar and Laser Speed Tests Without Expert Testimony or Judicial Notice of the Science. Brook Park v. Rodojev.
By Marianna Bettman on
“We are satisfied that the scientific principles underlying laser speed-measuring devices are sufficiently reliable and hold that the results of a laser speed-measuring device are admissible in Ohio courts without expert testimony establishing their reliability or the court taking judicial notice of the scientific principles underlying that technology.”
Justice Stewart, Majority Opinion
“Because the majority…
What’s On Their Minds: Is A City A Crime Victim and Thus Entitled to Restitution? City of Centerville v. Michael P. Knab
By Marianna Bettman on
Update: On November 12, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“You think that when the average voter went to vote on this amendment 2 or 3 years ago, they thought they were creating rights for municipalities?”
Justice DeWine, to counsel for Centerville
“Does…
Merit Decision: Equitable Issues Must Still Be Resolved to Determine Who Gets Cell Tower Rents. LRC Realty, Inc. v. B.E.B. Properties.
By Marianna Bettman on
“Crucially, in this case, no words of reservation appear on the face of the instrument in connection with the words ‘rent’ or rental payments,’ which are entirely absent from the deed.”
Justice Fischer, Opinion of the Court
On June 9, 2020, the Supreme Court of Ohio handed down a merit decision in LRC Realty, Inc. v.
Ohio Supreme Court practice: Propositions of law in the memorandum in support of jurisdiction
By Terry Posey on
In this post, we reveal the undisclosed secret to the most critical component of a Memorandum in Support of Jurisdiction to the Ohio Supreme Court.
Continue Reading Ohio Supreme Court practice: Propositions of law in the memorandum in support of jurisdiction
What’s On Their Minds: Posthumous Privacy: Do the School Records of An Adult Former Student Die With the Former Student? State of Ohio ex rel. Cable News Network, Inc., et al v. Bellbrook-Sugarcreek Local Schools et al
By Marianna Bettman on
Update: On November 5, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Is there no ability for the state to do something different than what the federal government has done?”
Justice French, to counsel for the News Agencies
“Do you have any problem with the…