Ohio Case Commentaries

Termination of Parental Rights Based Solely on Mental Retardation: Insights from In re D.A. (113 Ohio St. 3d 88)

Date: Mar 29, 2007

Termination of Parental Rights Based Solely on Mental Retardation: Insights from In re D.A. (113 Ohio St. 3d 88) Introduction In re D.A., 113 Ohio St. 3d 88, is a pivotal judgment by the Supreme...

Clarifying Reasonable Efforts and Child Participation in Permanent Custody Hearings: IN RE C.F. ET AL. Judgment

Date: Mar 29, 2007

Clarifying Reasonable Efforts and Child Participation in Permanent Custody Hearings: IN RE C.F. ET AL. Judgment Introduction The case of IN RE C.F. ET AL.; CUYAHOGA COUNTY DEPARTMENT OF CHILDREN AND...

Ohio Supreme Court Upholds Incest Statute: Protection of the Family Unit in Consensual Adult Relationships

Date: Mar 1, 2007

Ohio Supreme Court Upholds Incest Statute: Protection of the Family Unit in Consensual Adult Relationships Introduction The case of State of Ohio v. Lowe (112 Ohio St. 3d 507) presented a pivotal...

Denying Intervention as Non-Final Order: GEHM v. TIMBERLINE POST FRAME

Date: Mar 1, 2007

Denying Intervention as Non-Final Order: GEHM v. TIMBERLINE POST FRAME Introduction The case GEHM v. TIMBERLINE POST FRAME addresses a critical question in Ohio appellate jurisdiction concerning the...

Neglect Tolling Speedy Trial: Ohio v. Palmer

Date: Feb 15, 2007

Neglect Tolling Speedy Trial: Ohio v. Palmer Introduction State of Ohio v. Palmer, 112 Ohio St.3d 457 (2007), is a landmark decision by the Supreme Court of Ohio that addresses the interplay between...

Mandatory Inclusion of Offense Degree or Aggravating Elements in Jury Verdicts: Ohio v. Pelfrey

Date: Feb 8, 2007

Mandatory Inclusion of Offense Degree or Aggravating Elements in Jury Verdicts: Ohio v. Pelfrey Introduction The State of Ohio v. Pelfrey, 112 Ohio St.3d 422 (2007), is a landmark decision by the...

Standing to Challenge Discretionary Fund Transfers: Analysis of CUYAHOGA COUNTY BOARD OF COMMISSIONERS v. STATE OF OHIO

Date: Dec 28, 2006

Standing to Challenge Discretionary Fund Transfers: Analysis of Cuyahoga County Board of Commissioners v. The State of Ohio Introduction Cuyahoga County Board of Commissioners v. The State of Ohio is...

Abuse of Discretion Standard for Appellate Review in Postconviction Relief: State v. Gondor and STATE v. RESH

Date: Dec 27, 2006

Abuse of Discretion Standard for Appellate Review in Postconviction Relief: State v. Gondor and STATE v. RESH Introduction In the landmark decision of State of Ohio v. Gondor, Appellant and State of...

Ohio Supreme Court Rules Collateral-Source Rule Does Not Bar Evidence of Insurance Reductions in Medical Billing

Date: Dec 21, 2006

Ohio Supreme Court Rules Collateral-Source Rule Does Not Bar Evidence of Insurance Reductions in Medical Billing Introduction The case of ROBINSON v. BATES revolves around the admissibility of...

No Automatic Insurance Coverage Transfer to Corporate Successors: The Glidden Co. v. Lumbermens Mutual Casualty Co.

Date: Dec 21, 2006

No Automatic Insurance Coverage Transfer to Corporate Successors: The Glidden Co. v. Lumbermens Mutual Casualty Co. Introduction The Glidden Company, Appellee, v. Lumbermens Mutual Casualty Company...

Morgan v. City of New Lexington: Expanding Access Under the Ohio Public Records Act

Date: Dec 21, 2006

Morgan v. City of New Lexington: Expanding Access Under the Ohio Public Records Act Introduction State ex rel. Morgan v. City of New Lexington, 112 Ohio St.3d 33, adjudicated by the Supreme Court of...

Supreme Court of Ohio Upholds Cleveland's Automated Traffic Enforcement Ordinance: Implications for Municipal Jurisdiction and Administrative Remedies

Date: Dec 21, 2006

Supreme Court of Ohio Upholds Cleveland's Automated Traffic Enforcement Ordinance: Implications for Municipal Jurisdiction and Administrative Remedies Introduction The case of State ex rel. Scott et...

Affirmation of Capital Conviction in The State of Ohio v. Johnson (2006)

Date: Dec 14, 2006

Affirmation of Capital Conviction in The State of Ohio v. Johnson (2006) Introduction In the landmark case of The State of Ohio, Appellee, v. Johnson, Appellant (2006 Ohio 6404), the Supreme Court of...

Ohio Supreme Court Affirms Murder Conviction and Remands for Resentencing in State v. Elmore

Date: Dec 14, 2006

Ohio Supreme Court Affirms Murder Conviction and Remands for Resentencing in State v. Elmore Introduction In the landmark case of State of Ohio v. Phillip E. Elmore, the Supreme Court of Ohio...

Ohio Supreme Court Affirmed Heightened Requirements for Inmates Accessing Public Records under R.C. 149.43(B)(4)

Date: Nov 30, 2006

Ohio Supreme Court Affirmed Heightened Requirements for Inmates Accessing Public Records under R.C. 149.43(B)(4) Introduction In the landmark case of The State ex rel. Russell v. Thornton, the...

Proving Intent to Resell Essential for Resale Exception in Ohio Use Tax: SATULLO v. WILKINS

Date: Nov 30, 2006

Proving Intent to Resell Essential for Resale Exception in Ohio Use Tax: SATULLO v. WILKINS Introduction The case of Satullo et al. v. Wilkins, Tax Commissioner was adjudicated by the Supreme Court...

Cruzado v. Zaleski: Affirming Trial Court's Authority to Correct Sentencing Entries

Date: Nov 23, 2006

Resentencing and Judicial Authority: Insights from Cruzado v. Zaleski Introduction Cruzado v. Zaleski is a pivotal decision by the Supreme Court of Ohio in 2006 that addresses the scope of a trial...

State v. Stahl: Affirming Nontestimonial Nature of Victim Statements to Medical Examiners

Date: Nov 9, 2006

State v. Stahl: Affirming Nontestimonial Nature of Victim Statements to Medical Examiners Introduction The State of Ohio v. James G. Stahl, decided by the Supreme Court of Ohio on November 8, 2006,...

Jurisdictional Clarity in Juvenile Custody Proceedings: Insights from In re J.J.

Date: Nov 9, 2006

Jurisdictional Clarity in Juvenile Custody Proceedings: Insights from In re J.J. Introduction In re J.J. (111 Ohio St.3d 205) is a pivotal case adjudicated by the Supreme Court of Ohio on November 8,...

Reinforcing Standards for Termination of Parental Rights under R.C. 2151.414

Date: Oct 26, 2006

Reinforcing Standards for Termination of Parental Rights under R.C. 2151.414 Introduction The case of In Re Schaefer (111 Ohio St. 3d 498), adjudicated by the Supreme Court of Ohio on October 25,...