What's On Their Minds?

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What’s On Their Minds: “Collect” Versus “Control,” the Importance of Just a Few Words. State, ex rel. Ohio Attorney General v. Robert Burns, et al.

By Marianna Bettman on July 12, 2021

On April 26, 2022, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“In all the cases you are talking about, name one case where the public official has been held liable or responsible who had no control over the funds.”

Justice Stewart, to the Deputy Solicitor…

What’s On Their Minds: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.

By Marianna Bettman on July 5, 2021

Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the arrest warrant at issue sufficiently complied with Crim R. 4 even with the absence of…

What’s On Their Minds : Is An Excise Tax Placed Exclusively on Billboards Constitutional? Lamar Advantage GP Company, LLC, d.b.a. Lamar Advertising of Cincinnati, OH and Norton Outdoor Advertising, Inc. v. City of Cincinnati, Ohio and Nicole Lee, Treasurer of the City of Cincinnati, Ohio and Art Dahlberg, Director of the Department of Buildings and Inspects for the City of Cincinnati, Ohio and Reginald Zeno, Finance Director for the City of Cincinnati, Ohio

By Marianna Bettman on June 28, 2021

Update: On September 16, 2021, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Can you tell me how the content is controlled by this tax?”

Chief Justice O’Connor, to counsel for Lamar

Who is the city targeting? Just stable billboards?

Justice Fischer, to counsel for the…

What’s On Their Minds: Is A Duty Owed To Motorist For Injury From Off-Road Mailbox? Cletus Snay, et al. v. Matthew Burr, et al.

By Marianna Bettman on June 25, 2021

Update: On November 24, 2021, the Supreme Court of Ohio handed down a merit decision in this case. In a 5-2 opinion written by Chief Justice O’Connor, joined by Justices Kennedy, Fischer, DeWine and Stewart, the Court held that the Burrs owed no duty to Snay under the facts of this case. Justice Donnelly dissented…

What’s On Their Minds: Does Ohio’s Criminal Vehicle Forfeiture Statute Constitute an Excessive Fine? State of Ohio v. James O’Malley

By Marianna Bettman on May 20, 2021

On May 12, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. James O’Malley, 2020-0859. At issue in this case is whether Ohio’s criminal vehicle forfeiture statute constitutes an excessive fine in violation of the Eighth Amendment to the U.S. Constitution or Article I Section 9 of the…

What’s On Their Minds: What is the Appropriate Pleading Standard for a Wrongful Death Claim Against Child-Protection Caseworkers? Maternal Grandmother, as Administrator of the Estate of G.B., a deceased minor, and Maternal Grandmother, Individually v. Hamilton County Department of Job and Family Services, Hamilton County, Ohio, Denise Driehouse, Chris Montzel, Todd Portune, Shamara Stephens a.k.a. Shamara Hooks-Ware, Kassie Setty, and Lumadi Lavusa, and Father of G.B. and Mother of G.B

By Marianna Bettman on May 13, 2021

Update: On November 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“I don’t believe the other side has argued Twombly in the appellate court, did they?”

Justice Brunner, to counsel for Grandmother

“Why does the York case not control in this particular case?”

Justice…

What’s On Their Minds: Addressing Potential Conflicts of Interest With Joint Representation In Criminal Cases. State of Ohio v. Marshall Williams

By Marianna Bettman on May 5, 2021

Update: On September 15, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here

“So, are you saying that just by looking at the fact that they are husband and wife and they are charged, that’s a conflict?”

Chief Justice O’Connor to the assistant public defender

“What…

What’s On Their Minds: Good Faith in the Eminent Domain Context. State ex rel. Ohio History Connection v. The Moundbuilders Country Club Company and Park National Bank

By Marianna Bettman on April 28, 2021

“So, what’s going to be different if we dismiss this case and they start over, besides delay?”

Justice DeWine, to counsel for the County Club

“So, what is the remedy if the state didn’t comply, didn’t make a good faith offer?”

Justice DeWine, to the Deputy Solicitor General

On April 13, 2021, the Supreme Court…

What’s On Their Minds: Can a Judge Use a Defendant’s Outbursts in Court to Increase his Sentence? State of Ohio v. Manson M. Bryant

By Marianna Bettman on April 20, 2021

“How can a court really determine whether someone is remorseful?”

Justice Stewart, to the Assistant Public Defender

“Where in the statute does it say the judge can consider courtroom behavior at sentencing to impose additional terms related to what the legislature says can punish the crimes of robbery and burglary?”

Justice Donnelly, to the Assistant…

What’s On Their Minds: Is Closing a Trial to the Public Reversible Error? State of Ohio v. Khairi Bond

By Marianna Bettman on April 15, 2021

“Did the trial court actually make specific findings to support whatever level of closure it believed was appropriate?”

Justice Brunner to the Assistant Prosecuting Attorney

“What about the fact that the Fifth District didn’t seem to follow U.S. Supreme Court precedent?”

Justice DeWine, to counsel for Bond

On March 30, 2021, the Supreme Court of…