As I have written before on the blog, judicial elections and mandatory retirements because of age interfere with the Court’s scheduled work.  This is an election year—Justices French and Kennedy are running for re-election.  In the event that one or both of them isn’t re-elected, all cases they have heard must be decided before their terms are over, effectively at year’s end.  The last date for oral arguments posted on the Court’s calendar was August 18, 2020. There are plenty of cases still under submission.  Here is the list of the ones the blog has featured, including the date of argument and the issue in the case:

 State of Ohio v. Robert Taylor, 2018-1315

Date Argued: December 10, 2019

Issue: whether, before ordering a defendant to pay court-appointed counsel fees pursuant to R.C. 2941.51(D), the trial court must make an explicit finding that the defendant has, or reasonably may be expected to have, the means to pay some or all of the cost of his or her legal representation. 

Donna L. Lunsford, et al. v. Sterilite of Ohio, LLC, et al., 2018-1431

Date Argued: January 28, 2020

Issue: whether allegations of the direct observation of an at-will employee’s genitals during a random drug screening state a claim for invasion of privacy.

In re: Estate of Joseph I. Shaffer, 2019-0364. 

Date Argued: March 11, 2020

Issue: whether a person who serves as a witness to a document to be treated as a will pursuant to R.C. 2107.24 may receive a bequest contained in the will.

State of Ohio v. Michael Smith, 2018-1831. 

Date Argued: January 29, 2020

Issue: whether prior acquittal evidence is admissible in a subsequent criminal case.

In re: M.H., 2019-0621

Date Argued: April 29, 2020

Issue:  whether a juvenile’s confession to a social worker was involuntarily made and should be suppressed.

Dennis Stiner v. Amazon.com, Inc., 2019-0488

Date Argued: April 29, 2020

Issue: whether Amazon is a “supplier” under Ohio’s Products Liability Act (“OPLA”).

City of Centerville v. Michael P. Knab, 2019-0873.

Date Argued:  June 2, 2020

Issue: whether a municipality is a “victim” under Article I, Section 10a of the Ohio Constitution and is entitled to restitution when it is when it is directly and proximately harmed by a criminal act.

State of Ohio ex rel. Cable News Network, Inc. et al v. Bellbrook-Sugarcreek Local Schools, et al2019-0047.

Dated Argued: June 3, 2020

Issue: whether the federal student privacy law, the Family Educational Rights and Privacy Act (“FERPA”), or its Ohio state law counterpart, the Ohio Student Privacy Act continue to prevent the release of student information after the student has died in adulthood.

State of Ohio v. Mark A. Price, 2019-07292019-0822 

Date Argued: June 16, 2020

Issue: what standard of causation should be applied to the element of causing serious physical harm to another to prove the crime of corrupting another with drugs. 

State of Ohio v. David Carl Kinney, 2019-1103.

Date Argued: July 7, 2020

Issue: Whether it constitutional for a life-without-parole sentence for aggravated murder to be nonreviewable.

A.J.R., et al. v. Board of Education of Toledo City School District, et al., 2019-1355.

Date Argued: July 8, 2020

Issue: whether the educators in this case were entitled to immunity or whether there was sufficient evidence of recklessness in the handling of alleged bullying to overcome immunity.

State of Ohio v. London Chapman, 2019-1410. 

Date Argued: July 21, 2020

Issue: whether a trial court can impose a community control condition that limits a probationer’s right to procreate.

Andrew Welsh-Huggins v. Office of the Prosecuting Attorney, Jefferson County, Ohio, 2019-1481 

Date Argued: July 21, 2020

Issue: what evidence sufficiently proves an exemption under Ohio’s Public Records Act. More specifically at issue is whether the prosecutor’s affidavit was sufficient to prove the security camera footage of the shooting of a common pleas judge is a security record exempted from release under the OPRA.

Rayco Manufacturing, Inc. v. Murphy, Rogers, Sloss & Gambel, a Professional Law Corporation, et al., 2019-1498

Date Argued: August 18, 2020

Issue: whether attorney fees incurred from a motion to enforce a settlement agreement are recoverable as compensatory damages.

State of Ohio v. Ryan Turner, 2019-1674.

Date Argued: August 18, 2020

Issue:  whether a police officer has reasonable suspicion to stop a motorist for a marked lane violation when a motorist drives on, but does not cross, a marked line.

State of Ohio v. Christian Carlisle, 2019-1700

Date Argued: August 18, 2020

Issue: Whether the statute (R.C. 2909.15(D)(2)(b)) requiring a request from the executive branch before a judge can shorten the registration period of an arson offender violates the separation of powers.