Ohio Case Commentaries

Affirmation of Industrial Commission's Discretion in Determining Permanent Total Disability under Workers' Compensation

Date: Aug 21, 1986

Affirmation of Industrial Commission's Discretion in Determining Permanent Total Disability under Workers' Compensation Introduction The State, ex rel. Elliott, Appellant, v. Industrial Commission of...

Affirmation of Death Penalty under Ohio Supreme Court Standards in State v. Scott

Date: Aug 21, 1986

Affirmation of Death Penalty under Ohio Supreme Court Standards in State v. Scott Introduction State of Ohio v. Jay D. Scott is a pivotal case adjudicated by the Supreme Court of Ohio on August 20,...

Ohio Supreme Court Establishes Drug Addiction and Alcoholism as Handicaps under R.C. 4112

Date: Aug 14, 1986

Ohio Supreme Court Establishes Drug Addiction and Alcoholism as Handicaps under R.C. 4112 Introduction In the landmark case Hazlett v. Martin Chevrolet, Inc., 25 Ohio St.3d 279 (1986), the Supreme...

Establishing 'Clear and Convincing Evidence' Standard for Termination of Parental Rights and Limitations on Grandparent Intervention: Insights from IN RE SCHMIDT ET AL.

Date: Aug 14, 1986

Establishing 'Clear and Convincing Evidence' Standard for Termination of Parental Rights and Limitations on Grandparent Intervention: Insights from IN RE SCHMIDT ET AL. Introduction The case of IN RE...

Refining the Plain View Doctrine: Ohio v. Halczyszak et al. Establishes Key Standards for Inadvertent Discovery

Date: Aug 14, 1986

Refining the Plain View Doctrine: Ohio v. Halczyszak et al. Establishes Key Standards for Inadvertent Discovery Introduction In the landmark case of The State of Ohio v. Halczyszak et al.,...

Ohio Supreme Court Upholds Death Penalty in Barnes v. Ohio: A Comprehensive Legal Analysis

Date: Aug 7, 1986

Ohio Supreme Court Upholds Death Penalty in Barnes v. Ohio: A Comprehensive Legal Analysis Introduction The State of Ohio v. Barnes, 25 Ohio St.3d 203 (1986), presents a significant case in the realm...

Establishing Absolute Privilege in Judicial Proceedings: Surace v. Wuliger

Date: Aug 7, 1986

Establishing Absolute Privilege in Judicial Proceedings: Surace v. Wuliger Introduction The case of Surace v. Wuliger, adjudicated by the Supreme Court of Ohio on August 6, 1986, serves as a pivotal...

Public School Superintendent Classified as Public Official for Defamation Law: Scott v. The News-Herald

Date: Aug 7, 1986

Public School Superintendent Classified as Public Official for Defamation Law: Scott v. The News-Herald Introduction The case of Scott v. The News-Herald (25 Ohio St. 3d 243) adjudicated by the...

Establishing Standards for 'Good Faith Effort to Settle' Under R.C. 1343.03(C): The Kalain v. Smith Decision

Date: Jul 31, 1986

Establishing Standards for 'Good Faith Effort to Settle' Under R.C. 1343.03(C): The Kalain v. Smith Decision Introduction KALAIN, APPELLEE, v. SMITH, APPELLANT (25 Ohio St. 3d 157), adjudicated by...

State of Ohio v. Brooks: Upholding the Death Penalty and Reinforcing the Strickland Standard

Date: Jul 24, 1986

State of Ohio v. Brooks: Upholding the Death Penalty and Reinforcing the Strickland Standard Introduction The landmark case of State of Ohio v. Brooks, adjudicated by the Supreme Court of Ohio on...

Protection of Municipal Contracts: Initiative Ordinances Cannot Impair Under the Contract Clause

Date: Jul 24, 1986

Protection of Municipal Contracts: Initiative Ordinances Cannot Impair Under the Contract Clause Introduction City of Middletown v. Ferguson, Auditor, et al.; Sticklen et al. is a landmark judgment...

Clear and Convincing Evidence Standard in Probate Proceedings: In Re Estate of Haynes

Date: Jul 24, 1986

Clear and Convincing Evidence Standard in Probate Proceedings: In Re Estate of Haynes Introduction The case of In Re Estate of Haynes (25 Ohio St. 3d 101) adjudicated by the Supreme Court of Ohio on...

Clarifying Landlord's Restoration Obligations and Summary Judgment Standards in Lease Agreements

Date: Jul 3, 1986

Clarifying Landlord's Restoration Obligations and Summary Judgment Standards in Lease Agreements Introduction The case of Toledo's Great Eastern Shoppers City, Inc. v. Abde's Black Angus Steak House...

Enforcement of Separation Agreements in Dissolution Decrees: Knapp v. Knapp

Date: Jun 26, 1986

Enforcement of Separation Agreements in Dissolution Decrees: Knapp v. Knapp Introduction Knapp v. Knapp, 24 Ohio St.3d 141 (1986), is a seminal case decided by the Supreme Court of Ohio that...

Establishing Effective Assistance of Counsel and Strict Adherence to Statutory Aggravating Factors in State of Ohio v. Johnson

Date: Jun 19, 1986

Establishing Effective Assistance of Counsel and Strict Adherence to Statutory Aggravating Factors in State of Ohio v. Johnson Introduction The case of State of Ohio v. Johnson (24 Ohio St.3d 87,...

Constructive Notice and Negligence in Traffic Sign Maintenance: Analysis of Bussard v. Ohio Department of Transportation

Date: May 29, 1986

Constructive Notice and Negligence in Traffic Sign Maintenance: Analysis of Bussard et al. v. Ohio Department of Transportation Introduction In the landmark case of Bussard et al. v. Ohio Department...

Affirmation of Parental Rights: 'In Re Adoption of Masa' Establishes Clear Burden of Proof in Adoption Proceedings

Date: May 1, 1986

Affirmation of Parental Rights: In Re Adoption of Masa Establishes Clear Burden of Proof in Adoption Proceedings Introduction In Re Adoption of Masa, 23 Ohio St. 3d 163 (Ohio Supreme Court, 1986), is...

Reaffirmation of Substantive Spousal Privilege and Its Impact on Trial Fairness

Date: May 1, 1986

Reaffirmation of Substantive Spousal Privilege and Its Impact on Trial Fairness Introduction The case of The State of Ohio v. Rahman, A.K.A. Smiley (23 Ohio St. 3d 146) adjudicated by the Supreme...

Burden of Proof in Adoption Without Consent: Insights from In re Adoption of Gibson et al.

Date: May 1, 1986

Burden of Proof in Adoption Without Consent: Insights from In re Adoption of Gibson et al. Introduction In the matter of In re Adoption of Gibson et al., decided by the Supreme Court of Ohio on April...

Affirmation of At-Will Employment Doctrine: No Public Policy Exception for Reporting Employer Violations in Ohio

Date: Apr 17, 1986

Affirmation of At-Will Employment Doctrine: No Public Policy Exception for Reporting Employer Violations in Ohio Introduction The case of Phung v. Waste Management, Inc. et al. (23 Ohio St.3d 100,...