Ohio Case Commentaries

Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay

Date: Oct 18, 2025

Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay...

Finality Is Factual, Not Legal: Ohio Supreme Court Ends Deference to Industrial Commission’s Legal Interpretations of VSSR Rules and Clarifies “Other Heavy Objects” Under Adm.Code 4123:1-3-13(E)(7)

Date: Oct 18, 2025

Finality Is Factual, Not Legal: Ohio Supreme Court Ends Deference to Industrial Commission’s Legal Interpretations of VSSR Rules and Clarifies “Other Heavy Objects” Under Adm.Code 4123:1-3-13(E)(7)...

Ohio Supreme Court Caps Clerk Technology Fee at $1 Total Per Service for “Complete Record” Charges, Not Per Page

Date: Oct 17, 2025

Ohio Supreme Court Caps Clerk Technology Fee at $1 Total Per Service for “Complete Record” Charges, Not Per Page Case: State ex rel. Gault v. Medina County Court of Common Pleas Clerk, Slip Opinion...

Timeliness Is for the Arbitrator: Ohio Supreme Court Bars Employer Self‑Help on Arbitration Deadlines and Requires SERB to Explain ULP Dismissals

Date: Oct 17, 2025

Timeliness Is for the Arbitrator: Ohio Supreme Court Bars Employer Self‑Help on Arbitration Deadlines and Requires SERB to Explain ULP Dismissals Introduction In State ex rel. Staple v. State...

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

Date: Oct 16, 2025

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act Commentary on State ex rel. Castellon v. Maloney, Slip Opinion No. 2025-Ohio-4687 (Supreme...

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Date: Oct 16, 2025

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof...

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith

Date: Oct 9, 2025

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith Case: Lowe v. Smith, Warden, Slip Opinion No....

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications

Date: Oct 9, 2025

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications Case: State ex rel. Hawkins v. Frederick, Slip Opinion...

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies

Date: Oct 9, 2025

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies Introduction In State ex rel. Hicks v. Adams County...

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders

Date: Oct 9, 2025

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders Introduction This commentary analyzes the...

No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements

Date: Oct 2, 2025

No Pro Se Representation of Others and Heightened Gatekeeping of Extraordinary Writs: Commentary on the Supreme Court of Ohio’s October 1, 2025 Case Announcements Introduction On October 1, 2025, the...

Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417

Date: Oct 2, 2025

Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417 Introduction In State ex rel. T.B. v....

No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10: Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483

Date: Oct 2, 2025

No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10 In-depth Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483 (Supreme Court of Ohio) Introduction This...

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Date: Oct 1, 2025

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act Introduction In State ex rel. Huwig v. Department of Health,...

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death

Date: Sep 30, 2025

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death Introduction In an Administrative Actions entry...

Continuing Jurisdiction to Correct Jail‑Time Credit During Appeal: The Ohio Supreme Court’s Clarification in Krouskoupf v. Anderson

Date: Sep 27, 2025

Continuing Jurisdiction to Correct Jail‑Time Credit During Appeal: The Ohio Supreme Court’s Clarification in Krouskoupf v. Anderson Introduction In Krouskoupf v. Anderson, Slip Opinion No....

County Auditors Have No Discretion to Withhold Listing of Voter‑Approved Bond Levies While Bonds Remain Outstanding (State ex rel. Springfield City School Dist. Bd. of Edn. v. Hamilton, 2025-Ohio-4427)

Date: Sep 27, 2025

County Auditors Have No Discretion to Withhold Listing of Voter‑Approved Bond Levies While Bonds Remain Outstanding Case: State ex rel. Springfield City School District Board of Education v....

Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Date: Sep 26, 2025

Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller Introduction In State ex rel. Conomy v. Fuller, 2025-Ohio-4411, the Supreme Court of Ohio reaffirmed core...

In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

Date: Sep 26, 2025

In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B) Introduction In State v. Clark, Slip Opinion No. 2025-Ohio-4410, the...

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests

Date: Sep 25, 2025

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests Introduction This commentary...