Ohio Case Commentaries

Ohio Supreme Court Affirms Appealability of Jointly Recommended Sentences for Allied Offenses under R.C. 2953.08(D)(1)

Date: Jan 6, 2010

Ohio Supreme Court Affirms Appealability of Jointly Recommended Sentences for Allied Offenses under R.C. 2953.08(D)(1) Introduction In State of Ohio v. Underwood (124 Ohio St. 3d 365, 2010), the...

Correction of Sentencing Omissions: The State of Ohio v. Singleton and the Role of R.C. 2929.191

Date: Dec 23, 2009

Correction of Sentencing Omissions: The State of Ohio v. Singleton and the Role of R.C. 2929.191 Introduction The State of Ohio v. Singleton is a landmark decision by the Supreme Court of Ohio that...

Ohio Supreme Court Sets New Precedent on Warrantless Cell Phone Searches Incident to Arrest

Date: Dec 16, 2009

Ohio Supreme Court Sets New Precedent on Warrantless Cell Phone Searches Incident to Arrest Introduction In the landmark case of The State of Ohio v. Smith, the Supreme Court of Ohio addressed a...

Affirmation of 'Course-of-Conduct' Death Specification in Aggravated Robbery-Murder Cases

Date: Dec 3, 2009

Affirmation of 'Course-of-Conduct' Death Specification in Aggravated Robbery-Murder Cases Introduction The case of THE STATE OF OHIO, APPELLEE, v. PEREZ, APPELLANT (2009 Ohio 6179) presents a...

Destruction of Single Cellular Phone Constitutes Public Service Disruption: Ohio Supreme Court Establishes New Precedent

Date: Nov 19, 2009

Destruction of Single Cellular Phone Constitutes Public Service Disruption: Ohio Supreme Court Establishes New Precedent Introduction In the seminal case of State of Ohio v. Robinson (124 Ohio St. 3d...

Sealing of Criminal Records When One Conviction is Statutorily Exempt: Ohio v. Futrall

Date: Oct 30, 2009

Sealing of Criminal Records When One Conviction is Statutorily Exempt: Ohio v. Futrall Introduction Ohio v. Futrall, 2009 Ohio 5590, adjudicated by the Supreme Court of Ohio on October 29, 2009,...

Ohio Supreme Court Establishes Constraints on Punitive Damages in Negligence Claims and Affirms Liability Defense Mechanisms

Date: Jul 31, 2009

Ohio Supreme Court Establishes Constraints on Punitive Damages in Negligence Claims and Affirms Liability Defense Mechanisms Introduction The case of Niskanén v. Giant Eagle, Inc. adjudicated by the...

Law Firm Liability for Legal Malpractice: Direct vs. Vicarious Liability Under Ohio Law

Date: Jul 30, 2009

Law Firm Liability for Legal Malpractice: Direct vs. Vicarious Liability Under Ohio Law Introduction The case of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA v. WUERTH ET AL. (2009 Ohio...

Resentencing under STATE v. FOSTER: Upholding Jury Rights and Due Process in Ohio

Date: Jul 29, 2009

Resentencing under STATE v. FOSTER: Upholding Jury Rights and Due Process in Ohio 1. Introduction State of Ohio v. Phillip E. Elmore is a pivotal case decided by the Supreme Court of Ohio on July 28,...

Strict Interpretation of Safety Repairs in VSSR Cases: State ex rel. International Truck Engine Corp. v. Industrial Commission of Ohio

Date: Jul 24, 2009

Strict Interpretation of Safety Repairs in VSSR Cases: State ex rel. International Truck Engine Corp. v. Industrial Commission of Ohio Introduction The case of State ex rel. International Truck...

Robbery Established as a Lesser Included Offense of Aggravated Robbery in State v. Evans

Date: Jul 8, 2009

Robbery Established as a Lesser Included Offense of Aggravated Robbery in State v. Evans Introduction State of Ohio v. Evans, 122 Ohio St.3d 381 (2009), is a landmark decision by the Supreme Court of...

Affirmation of Death Sentence in State v. Trimble: Admissibility of Evidence and Jury Selection Standards in Capital Cases

Date: Jul 1, 2009

Affirmation of Death Sentence in State v. Trimble: Admissibility of Evidence and Jury Selection Standards in Capital Cases Introduction State of Ohio v. Trimble is a significant case adjudicated by...

Correction of Sentencing Omissions: Ohio Supreme Court Establishes Precedent via R.C. 2929.191

Date: Jun 10, 2009

Correction of Sentencing Omissions: Ohio Supreme Court Establishes Precedent via R.C. 2929.191 Introduction In the landmark decision of THE STATE OF OHIO v. BLOOMER, MOSMEYER, and BARNES, the Supreme...

Enforceability of Arbitration Agreements in Nursing Home Admissions: Hayes v. The Oakridge Home

Date: May 8, 2009

Enforceability of Arbitration Agreements in Nursing Home Admissions: Hayes v. The Oakridge Home Introduction The case of Hayes; Musser, Executor, Appellee v. The Oakridge Home, Appellant, et al. (122...

Attorney-Client Privilege Reinforced in Public Records Disclosure: Analysis of THE STATE EX REL. TOLEDO BLADE COMPANY v. TOLEDO-LUCAS COUNTY PORT AUTHORITY

Date: Apr 22, 2009

Attorney-Client Privilege Reinforced in Public Records Disclosure: Analysis of THE STATE EX REL. TOLEDO BLADE COMPANY v. TOLEDO-LUCAS COUNTY PORT AUTHORITY Introduction The State ex rel. Toledo Blade...

Void Sentences and Withdrawal of Guilty Pleas: Ohio Supreme Court's Ruling in State v. Boswell

Date: Apr 10, 2009

Void Sentences and Withdrawal of Guilty Pleas: Ohio Supreme Court's Ruling in State v. Boswell Introduction In the landmark case of The State of Ohio v. Boswell, the Supreme Court of Ohio addressed...

Supreme Court of Ohio Reaffirms Substantial Change Requirement for Modifying Spousal Support Under R.C. 3105.18

Date: Mar 25, 2009

Supreme Court of Ohio Reaffirms Substantial Change Requirement for Modifying Spousal Support Under R.C. 3105.18 Introduction MANDELBAUM, APPELLEE, v. MANDELBAUM, APPELLANT, 121 Ohio St. 3d 433,...

Allied Offenses: Kidnapping and Aggravated Robbery Classified Under R.C. 2941.25

Date: Mar 18, 2009

Allied Offenses: Kidnapping and Aggravated Robbery Classified Under R.C. 2941.25 Introduction In the landmark case The State of Ohio, Cross-Appellant v. Winn, Cross-Appellee (121 Ohio St.3d 413),...

Ohio Supreme Court Upholds Enforceability of Attorney Fee Clauses in Mortgage Reinstatement Provisions

Date: Feb 4, 2009

Ohio Supreme Court Upholds Enforceability of Attorney Fee Clauses in Mortgage Reinstatement Provisions Introduction The Ohio Supreme Court, in Wilborn et al. v. Bank One Corporation et al., addressed...

Finality of Juvenile Adjudication Orders: Mandatory 30-Day Appeal Period Established in IN RE H.F. Et Al.

Date: Jan 1, 2009

Finality of Juvenile Adjudication Orders: Mandatory 30-Day Appeal Period Established in IN RE H.F. Et Al.. Introduction IN RE H.F. Et Al. (120 Ohio St. 3d 499) is a seminal case decided by the...