Update: Read the analysis of the oral argument here.
On September 22, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. John D. Yerkey 2020-1392. At issue in this case is whether a
Ohio Appellate Insights
The latest news, practice pointers and resources for Ohio appellate law
Ohio Appellate Insights, published by Porter Wright Morris & Arthur LLP, focuses on appellate law developments and procedural issues within Ohio and federal courts affecting Ohio litigants. The blog covers topics such as eminent domain and inverse condemnation, jurisdictional questions including standing and injunction authority, appellate court procedural updates like brief quality control measures, and statistical trends in Ohio Supreme Court case volumes and timelines. It also addresses significant appellate decisions, court rule changes, and practical implications for appellate practitioners. The content is aimed at legal professionals interested in Ohio appellate practice, court procedures, and recent case law impacting appellate litigation strategies.
Latest from Ohio Appellate Insights - Page 11
Oral Argument Preview: Can a Grand Jury Indict a Juvenile on Charges the Juvenile Court Previously Determined Were Not Supported by Probable Cause? State of Ohio v. Eddie Burns
On September 21, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Eddie Burns, 2020-1126. At issue in this case is whether a grand jury can indict a juvenile whose case was transferred…
Oral Argument Preview: Must An Insurance Company Defend Its Insured Against An Opioid Epidemic Lawsuit? Acuity v. Masters Pharmaceutical, Inc.
On September 8, 2021, the Supreme Court of Ohio will hear oral argument in Acuity v. Masters Pharmaceutical, Inc., 2020-1134. At issue in this case is whether an insurance company, which issued a policy to a pharmaceutical distributor for…
What Happened on Remand: Jewelry Justice
In 2014, a diamond bracelet, an emerald ring and a brooch were stolen from the Dayton-area residence of Irene Danopulos. American Trading II, a pawnshop in Cheviot Ohio, bought these items for $2125, reported the purchase to the Sheriff’s office,…
What’s On Their Minds: Does Allegedly Biased Questioning by the Trial Judge Require Reversal Based On Structural Error? State of Ohio v. James R. West
“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…
Merit Decision: Armed Teachers Must Meet Statutory Training-Or- Experience Requirements. Erin G. Gabbard, et. al v. Madison Local School District Board of Education, et al.
“Because R.C. 109.78(D) and R.C. 2923.122(D)(1)(a) are unambiguous and do not conflict with each other, we must apply both statues as written unless and until the General Assembly directs otherwise by legislative action.”
Chief Justice O’Connor, majority opinion
“To reach…
What’s On Their Minds: “Collect” Versus “Control,” the Importance of Just a Few Words. State, ex rel. Ohio Attorney General v. Robert Burns, et al.
On April 26, 2022, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“In all the cases you are talking about, name one case where the public official has been held liable…
Some Ohio Judicial Races To Become Partisan
Ohio has always had a strange hybrid system for judicial elections. There is a partisan primary, followed by the general election which is nonpartisan. Governor DeWine has just signed Senate Bill 80 into law which makes the seats on the…
What’s On Their Minds: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the…
Merit Decision: Court Okays Investigatory Stop of Motorist Based on Tip From Unidentified Witness. State v. Tidwell
Update: On September 30, 2021, Tidwell was found guilty of one count of OVI.
“Based on the totality of the circumstances then confronting the officer, we hold that his investigatory stop of Tidwell was reasonable and thus did not violate…