*This guest post was co-authored by Professor Michael Solimine and Kristen Elia. Professor Solimine is the Donald P. Klekamp Professor of Law at the University of Cincinnati College of Law. He has written extensively on the topic of standing and civil procedure, and was a signatory to an amicus curiae brief filed on behalf of
In Sharper Focus
In Sharper Focus: Guest Post on the Intersection of Bankruptcy Law and Ohio’s Recording Statutes
By Marianna Bettman on
On October 14, 2015, the Supreme Court of Ohio heard oral argument in the case of In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA, Case Number 2014-2036. This case involves two certified state law questions from Judge Charles M. Caldwell, U.S. Bankruptcy Judge for the…
Guest Post: In Sharper Focus: Overview of Federal Immigration Law.
By Marianna Bettman on
This In Sharper Focus Guest Post by Cleveland attorney Harlan D. Karp is a verbatim reproduction of part of the amicus brief of Concerned Ohio Immigration Attorneys authored by Karp with the help of Cleveland practitioners Tina Haddad and Tanya Linetsky, filed in State v. Kona in support of Kona. This provides a superb overview…
In Sharper Focus: Finding Greater Protection under the Ohio Constitution for a Bad Traffic Stop. Justice Pfeifer’s Crusade.
By Marianna Bettman on
This In Sharper Focus post is a supplement to the blog’s preview of the case of State of Ohio v. Terrance Brown, 2014-0104.
In reversing the trial court’s denial of the defendant’s motion to suppress evidence obtained in a traffic stop made outside the territorial jurisdiction of the police officer involved, the Sixth District…
In Sharper Focus. Student Scholarship: The Davis Good Faith Exception to the Exclusionary Rule.
By Marianna Bettman on
As previously posted, on September 24, 2014, the Supreme Court of Ohio is hearing oral argument in the case of State of Ohio v. Sudinia Johnson, 2013-1973. At issue in this case is whether, in the absence of binding appellate precedent, the Davis good faith exception to the exclusionary rule can apply…
In Sharper Focus: Confrontation Clause Jurisprudence-Testimonial and Non-Testimonial Statements.
By Marianna Bettman on
This post is meant as a companion piece to better understand the merit decision in State v. Clark, posted here.
Federal Precedent
In 2004, in Crawford v. Washington, a landmark opinion of the U.S. Supreme Court authored by Justice Scalia, the Court held that to meet the requirements of the Confrontation Clause, certain kinds…
In Sharper Focus. Guest Post on the Issues Raised in Freshwater v. Mount Vernon City School District Board of Education.
By Marianna Bettman on
On February 27, 2013, the Supreme Court of Ohio heard the case of Freshwater v. Mount Vernon City School District Board of Education, which involved the firing of an eighth grade public school science teacher, allegedly for teaching creationism in science class and for insubordination, which raises fascinating issues about both the Free Exercise…
In Sharper Focus: A Class Action Primer.
By Marianna Bettman on
On February 6, 2013, and then again on February 26, the Supreme Court of Ohio is going to hear two cases involving significant class action issues. To that end, blog student contributor Greg Kendall (now a 3L at the University of Cincinnati College of Law,) has prepared this post on some class action fundamentals. Also,…
In Sharper Focus: The Courts Shall be Open.
By Marianna Bettman on
In the recently-argued case of Rayess v. Educational Commission for Foreign Medical Graduates, 2011-1933 the Ohio Supreme Court permitted most of the documents in the case to be filed under seal. Let’s take a closer look at under what circumstances this is permitted.
Article I Section 16, the redress in the courts provision of…
In Sharper Focus: Recovery for Recreational Activities.
By Marianna Bettman on
We Americans love sports. So it is no surprise that tort law has developed immunities for those engaging in sporting activities. The recently argued case of Smith v. Landfair involved the interpretation of Ohio’s Equine Immunity statute codified at R.C. 2305.321. That statute grants immunity from tort claims for a number of equine activities…