The latest news, practice pointers and resources for Ohio appellate law
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…
“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…
Read the analysis of the oral argument here.
On October 27, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Kennedy M. Burroughs, 2020-1304. At issue in this case is whether law enforcement officers can search a partially open backpack, found in plain view inside an individual’s home…
Update: On June 24, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“How is he anonymous if the person is right there in front of the police officer’s face?”
Justice Stewart, to counsel for Tidwell
On March 30, 2021, the Supreme Court of Ohio heard…
Update: On November 18, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here
“You are saying a third party can’t just hand the government its own property?”
Justice Fischer to counsel for LaRosa
“Why wasn’t it reasonable to secure a warrant for the seizure of the…
“But the most important considerations here are that the stop occurred very close in time to the gunshots and Hairston was the only person in the area from which the shots emanated… these facts, taken together and viewed in relation to each other, rise to the level of reasonable suspicion.”
Justice DeWine, Majority Opinion
“Although…
Update: On December 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So we are going to throw out our ordinary rules of procedure and allow the state to play ‘gotcha’ in standing cases, but no other cases?”
Justice DeWine, to the Prosecutor
“Procedurally, when…
Update: On May 2, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So, what the state wants us to say is it is reasonable that after a police officer hears gunshots fired,to stop basically anyone in the area?”
Justice Stewart to the Prosecutor
“Are you…
