The latest news, practice pointers and resources for Ohio appellate law
“The record is quite clear that Burns did not control the misappropriated funds: the money was never in his possession, nor did he exert any control over it.”
Justice Donnelly, majority opinion
“The General Assembly could have included a ‘control’ element in R.C. 9.39; however, it did not. Instead, the statute applies to public officials…
Read the analysis of the oral argument here.
On April 27, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Alan Schubert, 2021-0761. At issue in this case is whether police officers may reasonably rely on a search warrant issued for a cell phone despite scant factual evidence linking…
“If he [G.K.] withdraws his application, and then refiles it under the appropriate statute, he may have this whole thing cleared up?”
Chief Justice O’Connor to the assistant county prosecutor
On February 8, 2022, the Supreme Court of Ohio heard oral argument in State of Ohio v. G .K. At issue is whether a conviction…
On November 18, 2021, the Supreme Court of Ohio handed down a merit decision in State v. LaRosa, Slip Opinion No. 2021-Ohio-4060. In a 4-3 decision written by Justice Fischer and joined by Chief Justice O’Connor and Justices Kennedy and DeWine, the Court held that the trial court did not err in denying…
Read the analysis of the oral argument here.
On October 27, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Kennedy M. Burroughs, 2020-1304. At issue in this case is whether law enforcement officers can search a partially open backpack, found in plain view inside an individual’s home…
“Where do we draw the line?”
Justice Donnelly, to the Assistant County Prosecutor
“Are you saying the prosecution is not a direct consequence of the commission of an offense?”
Chief Justice O’Connor to counsel for Yerkey
On September 22, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. John D.
“Unless the trial court knows or has reason to know of a potential conflict, the court does not have an affirmative duty to inquire about the attorney’s joint representation of codefendants.”
Justice Stewart, Majority Opinion
“I would address the right to counsel in Article I, Section 10 of the Ohio Constitution and hold that it…
On September 21, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Eddie Burns, 2020-1126. At issue in this case is whether a grand jury can indict a juvenile whose case was transferred to adult court on charges the juvenile court determined were not supported by probable…
“What’s a jury to think if the judge is acting in this way and there’s no objection?”
Chief Justice O’Connor, to counsel for West
“You’re not saying that we can never notice structural error without an objection, are you?”
Justice Brunner, to the assistant county prosecutor
On June 30, 2021, the Supreme Court of Ohio…
