The latest news, practice pointers and resources for Ohio appellate law
“Where do we draw the line?”
Justice Donnelly, to the Assistant County Prosecutor
“Are you saying the prosecution is not a direct consequence of the commission of an offense?”
Chief Justice O’Connor to counsel for Yerkey
On September 22, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. John D.
“The normal and ordinary use of the word ‘person’ suggests that Ohio voters would not have understood that term to include a public corporation.”
Justice French, majority opinion
“It is beyond the scope of this case to determine whether a municipal corporation is a ‘person’ protected by Marsy’s Law in relation to its proprietary functions.”…
Update: On November 12, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“You think that when the average voter went to vote on this amendment 2 or 3 years ago, they thought they were creating rights for municipalities?”
Justice DeWine, to counsel for Centerville
“Does…
“Taken together, these three considerations—the banks having lost something in which they had a property interest at the moment of the crime, the banks bearing the economic loss by operation of statute, and the banks having been the targets of Allen’s crimes—establish that the banks are victims under any common-sense understanding of that term.”
Justice…
Update: On November 21, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Your friends on the other side say the checks were drawn from particular accounts, and those account holders would be the actual victims and not the bank. How do you respond to that?”…
Case Background
Daniel Lalain worked as an engineer for Aero-Instruments, a Cleveland company that designed aviation and aerospace components. Lalain resigned suddenly, and took with him numerous documents and copies of electronic files related to the work he had done. He also kept two probes he had taken home for testing.
Aero-Instruments filed a civil…
Update: read what happened when this case was remanded here.
On July 17, 2013 the Supreme Court of Ohio handed down a merit decision in State v. Lalain, 2013-Ohio-3093. The case was accepted on both conflict certification and discretionary appeal. In a 5-2 decision written by Justice O’Donnell, for himself and Justices Pfeifer, Kennedy,…
