It has been an honor and a joy for me, Professor Emerita Marianna Bettman, to blog about cases in the Supreme Court of Ohio for more than a decade. Yet everything has a season, and the time has come for me to retire Legally Speaking Ohio. I am grateful to my many student contributors from
Ohio Supreme Court Watch
What’s On Their Minds: Propriety of Search of Cell Phones Found at Crash Scene. State of Ohio v. Alan Schubert
By Marianna Bettman on
“You are assuming that being under the influence was the cause. What if it wasn’t the cause? What if distracted driving was?”
Justice Kennedy, to counsel for Schubert
“If we affirm the court of appeals does this give license to all enforcement officers anywhere and everywhere to rely on a warrant that doesn’t have probable…
Wishing My Graduating Bloggers The Very Best
By Marianna Bettman on
My student contributors Brandon Bryer and Liam McMillin graduated May 14, 2022 from the University of Cincinnati College of Law. I want to thank them for their excellent work on the blog and wish them the very best as they embark on their careers. Brandon will be off to Chicago to work at Sidley Austin…
Merit Decision: Charter School Director Not Liable for Embezzled Funds. State ex rel. Yost v. Burns.
By Marianna Bettman on
“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…
What’s On Their Minds: Do Juveniles Have the Right of Confrontation at Transfer Hearings? Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
By Marianna Bettman on
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
“Are you wanting us to find that the rules of evidence apply in transfer hearings or just the right of confrontation, or…
Oral Argument Preview: Can a Trial Court Prevent a Defendant from Pleading No Contest? State of Ohio v. Davis Anthony Hill
By Marianna Bettman on
On May 11, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Davis Anthony Hill, 2021-0913. At issue in this case is whether a trial court abuses its discretion by preventing a criminal defendant from pleading no contest.
Case Background
On August 26, 2019, Hill was indicted on…
Oral Argument Preview: Was a Mother Deprived of her Right to Counsel by the Juvenile Court? In Re J.H., et al. A Minor Child (Appeal by A.H., Mother).
By Marianna Bettman on
On May 11, 2022, the Supreme Court of Ohio will hear oral argument in In Re J.H., et al. A Minor Child (Appeal by A.H., Mother), 2021-0533. At issue in this case is whether a juvenile court improperly denied a pro se, indigent mother instituting child reunification proceedings her right to appointed…
What’s On Their Minds: Can a Contractual Warranty Disclaimer Bar a Tort Fraud Claim Based on the Same Facts and Damages? Navistar Inc. v. Dutchmaid Logistics Inc.
By Marianna Bettman on
“What statements were made that would contradict the warranty?”
Justice Brunner, to Counsel for Navistar
“So why should the Court change the bargain that you made into something else?”
Justice DeWine, to Counsel for Dutchmaid
On April 13, 2022, the Supreme Court of Ohio heard oral argument in Navistar Inc. v. Dutchmaid Logistics, Inc., 2021-0719…
Oral Argument Preview: Propriety of Search of Cell Phones Found at Crash Scene. State of Ohio v. Alan Schubert
By Marianna Bettman on
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…
Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
By Marianna Bettman on
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Austin M. Fuell…