Search for: "R.C. Fischer "
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27 Nov 2017, 6:45 am
What is the substantive right affected here, asked Justice Fischer? [read post]
5 Nov 2019, 5:07 am
State’s Propositions of Law Accepted for Review Proposition 1 Involuntary Manslaughter with a child endangering predicate in violation of R.C. 2903.04 (A) is not the same offense for double jeopardy purposes as Aggravated Murder in violation of R.C. 2901.01(C) or Murder with a Felonious Assault predicate in violation of R.C. 2903.02(B) under the Blockburger “same offense” test. [read post]
2 Dec 2019, 7:37 am
Votes to Accept the Case Yes: Chief Justice O’Connor,* Justices French,** Fischer,*** and former Justice DeGenaro** (all would accept on Proposition I) *Would accept the appeal on all propositions of law. [read post]
28 Jun 2017, 10:01 am
And that court incorrectly found Father’s consent to the adoption was not required, pursuant to R.C. 3107.07(B)(2)(c). [read post]
14 Jan 2020, 7:19 am
The state believes that under the final appealable order statute, R.C. 2505.02, there is an adequate remedy for the defendant following a judgment of conviction if that happens. [read post]
4 Mar 2019, 6:16 am
Williams, 2011-Ohio-3374 (The registration requirements of R.C. 2950 are punitive, rather than remedial, measures.) [read post]
10 Mar 2020, 4:37 am
Case Background Seante Jones was charged with petty theft under R.C. 2913.02(A)(1). [read post]
28 Sep 2017, 6:11 am
’s absence constituted an implicit waiver of the right to counsel under R.C. 2151.352 and Juv.R. 4(A). [read post]
14 Aug 2018, 6:46 am
Key Precedent Fifth Amendment of the United States Constitution (“No person shall… be compelled in any criminal case to be a witness against himself…”) Article I Section 10, of the Ohio Constitution (“No person shall be compelled, in any criminal case, to be a witness against himself” R.C. 2935.01(B) (Statute defining a “Peace Officer”) R.C. 2917.31(A)(1) (Inducing Panic) R.C.… [read post]
12 Apr 2017, 7:16 am
” Statements of fault or admissions of liability made by a physician during the course of apologizing or commiserating with a patient or the patient’s family are not to be excluded from evidence under R.C. 2317.43. [read post]
2 Oct 2017, 7:08 am
Justice Kennedy authored the majority opinion for the court, joined by Justices O’Donnell, DeWine and Fischer. [read post]
16 Oct 2017, 5:51 am
Justices O’Donnell and Fischer concurred in judgment only. [read post]
27 Feb 2019, 6:11 am
Under Blockburger, the elements of child endangerment under R.C. 2919.22(A) and (E)(1)(c) must be compared with aggravated murder under R.C. 2903.01(C). [read post]
26 Jan 2017, 7:29 am
McGowan was asked by her CTC patients and staff to continue this practice, which she felt constituted insurance fraud in violation of R.C. 2913.47. [read post]
31 Dec 2019, 4:47 am
Votes to Accept the Case Yes: Justices Kennedy, French, DeWine, Fischer*, and former Justice O’Donnell *Would accept the appeal on proposition of law No. 1 only. [read post]
11 Sep 2017, 8:11 am
In an opinion written by Justice DeWine, joined in full by Chief Justice O’Connor and Justices Kennedy and Fischer, the Court held that a liquor-permit holder is not liable for the off-premises injuries caused by one of its workers unless the permit holder, here a strip club, served that worker knowing she was intoxicated, which the record did not support in this case. [read post]
28 Oct 2017, 10:03 am
R.C. 2307.96 requires liability to be based on a substantial factor test using objective criteria. [read post]
21 Jan 2019, 7:41 am
Votes to Accept the Case Yes: Justices O’ Donnell, Kennedy, Fischer, and French. [read post]
6 Feb 2018, 9:41 am
Votes to Accept the Case Yes: Chief Justice O’Connor, and Justices O’Donnell, Kennedy, French, O’Neill, Fischer, and DeWine. [read post]
6 Feb 2020, 4:44 am
Case Background Seante Jones was charged with petty theft under R.C. 2913.02(A)(1). [read post]
