On November 23, 2021, the Supreme Court of Ohio handed down a merit decision in Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. Slip Opinion No. 2021-Ohio-4096. In a unanimous opinion authored by Justice Fischer, in which Justice DeWine, joined by Justice Kennedy, concurred in judgment only, the Court held that
Marianna Bettman
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…
The blog will be on hiatus for awhile. Back soon, Professor Emerita Bettman
By Marianna Bettman on
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
By Marianna Bettman on
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your view what is in front of us?”
Justice Fischer, to counsel for M.R.
On November…
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…
Oral Argument Preview: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
By Marianna Bettman on
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
On November 9, 2021, the Supreme Court of Ohio will hear oral argument in M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley, 2020- 1131. At issue in this…
What’s On Their Minds : Is a Mistaken Belief that a Child is not Living with an Accused Abusive Parent Sufficient to Preserve Child Protection Caseworker Immunity? Tammy Smathers, individually and on behalf of the Estate of Harmony Brooklyn Rayne Carsey v. Rick Glass, Executive Director of Perry County Children’s Services, et al.,
By Marianna Bettman on
“So, what you are asking us to do is send this back so that you can have a jury trial?”
Chief Justice O’Connor, to counsel for Smathers
“So, are you saying an expert can’t render an opinion based on their examination of a file whether or not they believe something was wanton, willful or reckless?”…
Oral Argument Preview: 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
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…