On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013.
Continue Reading A pain worse than losing: Dismissal for lack of a final appealable order
What’s fair game in supplementation at the Ohio Supreme Court?
Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court?
Continue Reading What’s fair game in supplementation at the Ohio Supreme Court?
FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court
From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument at the time.
Continue Reading FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court
Understanding supplemental authority at oral argument
If you prepare for oral argument enough times, eventually it will happen. Whether preparing directly for an argument or working on another matter, you will find a case that should have been included in your briefing. What do you do when you find such authority?
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The most important thing in preparing for oral argument
One thing that can set appellate lawyers apart from most people (and there are many) is they tend to watch more oral arguments. Appellate lawyers thrive on keeping up with new case developments and hearing how justices and judges are engaging with all parties.
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Rescheduling oral argument at the Supreme Court (2021 edition)
Last year, I spent some time looking at the Ohio Supreme Court’s response to motions to reschedule oral argument. There have been another few requests lately, and it is worth seeing if we can divine any potential outcomes.
If you’re not up to speed on the process, the Ohio Supreme Court generally denies motions to reschedule oral argument. This stated preference begins in S.Ct.Prac.R. 17.01(D):
An oral argument assignment before the Supreme Court takes precedence over assignments in other courts of this state.
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Remote oral argument
Strategies for and thoughts on telephonic oral argument.
Continue Reading Remote oral argument