The latest news, practice pointers and resources for Ohio appellate law
“…Martin cannot prevail on the merits of her safe-harbor claim because she cannot show that plain error occurred in the juvenile court.”
Justice French, majority opinion
“The record here demonstrates plain error in that the juvenile court deviated from the statute because it never considered or addressed whether Martin’s victimization by Kerney related to these…
“It violates an adult’s right to due process to treat the adult as an incompetent and to deprive that adult of his or her autonomy without an adjudication that the adult is incompetent and without prior notice and an opportunity to be heard on the issue of his or her competency.”
Justice Fischer, majority opinion…
Update: On August 14, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What does the Guardian Ad Litem do in the context like this, different from what we have?”
Justice O’Donnell, to defense counsel
“Do you not think that the judge could have explained why…
Update: On June 27, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“But you just keep telling me why it’s (the trial court decision’s) wrong—tell me why it’s a final order?”
Justice DeWine, to Carol Thomasson’s counsel
“Does the appointment of the GAL preclude your…
Update: On June 27, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On November 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of Charles W. Thomasson v. Carol J. Thomasson, 2016-1629…
“While we continue to characterize juvenile proceedings as civil rather than criminal in nature…the criminal aspect of delinquency proceedings is undeniable.”
Justice Kennedy, majority opinion.
“Today’s majority decision reinforces the criminal aspects of juvenile proceedings, not for the purpose of safeguarding a juvenile’s constitutional rights, but to limit appellate review of juvenile proceedings. The exercise…
Update: On September 13, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“But what I am troubled with is at certain stages of these proceedings, there was a breakdown between the lawyer and the child. And if that’s not a red flag for a judge…
Update: On September 13, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On February 8, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Raymond Morgan, 2015-0924.…
