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
Student Contributors
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…
What’s On Their Minds: Tort Reform Revisited. Is Ohio’s Statutory Cap on Non-Economic Damages Unconstitutional? Brandt v. Pompa.
By Marianna Bettman on
On March 30, 2022, the Supreme Court of Ohio heard oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in this sexual assault case. Also at issue is whether R.C. 2315.18…
What’s On Their Minds: Can a Negligent Credentialing Claim Survive Without a Final Determination of the Physician’s Liability? Michael Walling, Administrator of the Estate of Raeann Walling, Deceased v. Ransford S. Brenya, M.D., et al.
By Marianna Bettman on
“What are the facts in your case that support the credentialing aspect of the claim?”
Justice Donnelly, to counsel for the administrator of Walling’s estate
“Are there different criteria for credentialing for employees who are doctors than independent contractors who are doctors?”
Justice Brunner, to counsel for The Toledo Hospital
On March 9, 2022, the…
What’s On Their Minds: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
By Marianna Bettman on
“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…
Merit Decision: Court Evaluates Seizure of Personal Items from Hospital Room. State v. LaRosa
By Marianna Bettman on
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…
What’s On Their Minds: Can Law Enforcement Search a Backpack Found in Plain View in a Residence Without a Warrant? State of Ohio v. Kennedy M. Burroughs
By Marianna Bettman on
“Here the container may not have announced its contents by the shape of the container, but didn’t it announce its contents by what was sticking out of the container?”
Justice DeWine to counsel for Burroughs
“In your view what was the single purpose of the backpack?”
Justice Fischer, to the prosecuting attorney
On October 27…
What’s On Their Minds: Was Warrantless, Suspicionless Search of Probationer’s Cell Phone Improper? State of Ohio v. Daniel J. Campbell
By Marianna Bettman on
“Shouldn’t there be a nexus between what the person is on probation for and why they would search?”
Justice Donnelly, to the assistant county prosecutor
“So, what do we do about the fact there’s no remedy spelled out in the statute?”
Chief Justice O’Connor, to counsel for the defendant
On October 26, 2021, the Supreme…
Oral Argument Preview: Does a Relative have Standing to Pursue Companionship with a Deceased Parent’s Children Following an Intra-Family Adoption? Rachel Davis v. Tammie Nathaniel.
By Marianna Bettman on
On March 16, 2022, in a 6-1 vote, the Supreme Court of Ohio dismissed this case for lack of a final, appealable order. Justice Brunner dissented.
On November 10, 2021, the Supreme Court of Ohio will hear oral argument in Rachel Davis v. Tammie Nathaniel, et al., 2021- 0170. At…