The latest news, practice pointers and resources for Ohio appellate law
“What’s a jury to think if the judge is acting in this way and there’s no objection?”
Chief Justice O’Connor, to counsel for West
“You’re not saying that we can never notice structural error without an objection, are you?”
Justice Brunner, to the assistant county prosecutor
On June 30, 2021, the Supreme Court of Ohio…
On June 30, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. James R. West, 2020-0978. At issue in this case is whether a trial judge’s line of allegedly biased questioning constitutes structural error requiring automatic reversal.
Case Background
On October 2, 2017, James West was in a…
“Did the trial court actually make specific findings to support whatever level of closure it believed was appropriate?”
Justice Brunner to the Assistant Prosecuting Attorney
“What about the fact that the Fifth District didn’t seem to follow U.S. Supreme Court precedent?”
Justice DeWine, to counsel for Bond
On March 30, 2021, the Supreme Court of…
Read an analysis of the argument here.
On March 30, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Khairi Bond, 2020-0415. At issue in this case is whether closing a trial to the general public is plain or structural error if the defendant fails to object.
Case Background…
“The good-faith error in misallocating peremptory challenges did not deny Jones the right to a panel of impartial, indifferent jurors, and he had no constitutional right to a panel with jurors who appeared friendly or who were skewed in his favor.”
Justice Kennedy, majority opinion
“This court should not conduct a harmless-error analysis of a…
Update: On May 27,2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Doesn’t a structural error have to be a constitutional error? Don’t we know from the U.S. Supreme Court that that this is not a constitutional error?”
Justice DeWine, to the Assistant County Public Defender…
Update: On May 27,2020, 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 February 11, 2020, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Seante Jones, 2019-0187. At issue in this…
