An Ohio appellate practitioner has two primary questions to answer. First, “Do I have a final appealable order?” Assuming the answer to that question is yes, the second question is, “What’s the applicable standard of review?” On Sept. 22, 2021, the Ohio Supreme Court issued Johnson v. Abdullah, which reemphasizes the importance of understanding the applicable standard.
Continue Reading When is the ‘abuse of discretion’ standard of review actually ‘de novo’?
abuse of discretion
Appellate Court Reverses the Trial Court’s Finding of “Actual Innocence” in Prade Case.
By Marianna Bettman on
There’s been a lot of interest on the blog in the Prade case, in which former Akron police captain Douglas Prade was found guilty of the 1997 aggravated murder of his ex-wife Dr. Margo Prade. Prade was sentenced to life in prison. In 2012, based on the results of new DNA testing ordered in his…
What’s on Their Minds: What’s in a Name? D.W. v. T.L.
By Marianna Bettman on
Update: on December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On September 25, 2012, the Supreme Court of Ohio heard oral argument in the case of D.W. v. T.L., 2011-1979. The issue in this case is whether the trial court abused its discretion by…