3L Corey Bushle and I share an interest in state Constitutional Law, particularly in the Fourth Amendment context. Corey, who is currently the editor-in-chief of the University of Cincinnati Law Review, has written a very thought-provoking Comment entitled “The Exclusionary Rule, and the Problem with Search and Seizure under the Ohio Constitution.” In his Comment
Student Scholarship
Student Guest Post: Football-Related CTE Lawsuits and Statutes of Limitations
In recent years, the University of Cincinnati Law School Law Review members have invited me to suggest topics for articles for them to consider writing about.
The Supreme Court of Ohio’s decision in Schmitz v. Natl. Collegiate Athletic Assn., 2018-Ohio-4391 caught the fancy of Nick Eaton, who is a 3L at the University of…
What’s On Their Minds: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.
Update: On April 18, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Does it matter that in Ohio if the jury had not recommended death, the trial court would have no authority to impose death?”
Justice French, to defense counsel
On January 23, 2018, the…
Student Scholarship: Unintended Effects and Inadequate Consumer Benefit: Analyzing Federal Home Loan Mortgage Corp. v. Schwartzwald.
In Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. a case in which the mortgage company did not own the note or mortgage at the time suit was filed, the Supreme Court of Ohio held that a plaintiff’s standing must be determined at the time suit is filed, because standing is necessary to…
What’s On Their Minds: Standing in Foreclosure Cases, Again. Note and Mortgage or Note or Mortgage at Time of Filing? SRMOF 2009-1 Trust v. Shari Lewis et al.
Update: on April 22, 2015, the court unanimously dismissed this case as improvidently certified.
“Aren’t there rights of a mortgage holder to enforce a foreclosure independent of the note? We don’t want to recognize some new field of law and eliminate that right, do we?” Justice Terrence O’Donnell.
On February 25, 2015, the Supreme Court…
Student Scholarship. A Critique of the Ohio Supreme Court Decision Interpreting Ohio’s Corporate Advancement Statute in Miller v. Miller.
As previously posted, on July 3, 2012, the Supreme Court of Ohio issued a merit decision in Miller v. Miller, 2012-Ohio-2928. At issue in this case was the interpretation of Ohio’s corporate advancement statute, R.C. 1701. 13 (E)(5). In a 6-1 decision authored by Chief Justice Maureen O’Connor, the Supreme Court held…
In Sharper Focus. Student Scholarship: The Davis Good Faith Exception to the Exclusionary Rule.
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…
Guest Post: Which branch calls the shots on sealing criminal records? State v. Radcliff and the rapidly evolving world of record sealing.
This guest post summarizes the spate of cases and statutes on judicial record sealing. It is written by Priya Walia and Stephen JohnsonGrove.
Priya Walia is a rising 2L at the University of Cincinnati College of Law and is interning this summer at the Ohio Justice & Policy Center. Learn more about OJPC’s work at…
What’s on their Minds? Sufficiency of Affidavit in Support of Warrant to Search Computer. State of Ohio v. Nicholas Castagnola.
Update: On April 28, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On May 28, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Nicholas Castagnola2013-0781. At issue in this case is whether an affidavit which…
What’s On Their Minds: Arrest Warrants Issued Without A Probable Cause Determination. State v. Hoffman
Update: On November 4, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On April 8, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Brandon Lee Hoffman, 2013-0688. At issue in this case is whether…