The latest news, practice pointers and resources for Ohio appellate law
“On the facts of this case, we conclude that because Smith placed his intent at issue by claiming that his actions were accidental and not done with sexual intent, the trial court properly admitted evidence of the prior sexual-assault allegations.”
Justice DeWine, opinion of the Court
On September 22, 2020 the Supreme Court of Ohio…
Update: On June 22, 2020, the U.S. Supreme Court denied cert. in this case
Case Background
In 2006, Travis Soto told the police he had accidentally killed his young son Julio in an all-terrain vehicle (“ATV”) accident. Soto was charged with child endangering and involuntary manslaughter. Soto negotiated a plea in which he pled guilty…
Update: On September 22, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Are we arguing about the facts of this case or are you asking for a complete bar?”
Justice French, to the Assistant Public Defender
“You can disagree, but I am going to have…
“Because Soto entered his guilty plea prior to the empaneling of a jury or the taking of evidence, jeopardy attached—but only as to the child-endangering charge to which he pleaded guilty and not as to the dismissed involuntary-manslaughter charge.”
Justice DeWine, Majority opinion
“Under the majority’s conclusion, no plea bargain is necessarily conclusive and any…
Update: On October 31, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Why does double jeopardy not apply to the situation?”
Justice Donnelly, to the prosecutor
“There’s really not a double jeopardy issue here, is there? This is really a case about the plea, right?”…
Update: Read what happened on remand here.
On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional violation when the state seeks to retry an incarcerated defendant after…
Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
How much is too much? Is there ever such a thing? … At what point does a court have to say, stop, enough is enough?” Justice Pfeifer, to the prosecutor.
On May 31,…
Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the augment in this case here.
On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher…
Update: On March 16, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Broom. Read the analysis of that decision here.
“Are you arguing that the Constitution requires a quick and painless death in and of itself?” Justice Lanzinger, to defense counsel.
“What is the assurance [the state] is going…
