Merit Decision: Biological Father’s Consent to Adoption Not Required Because of Failure to Provide Requisite Maintenance and Support. In Re Adoption of A.C.B.
5 Mar 2020, 7:01 am
Justice Donnelly joined this dissent. [read post]
Oral Argument Preview: Can an Interested Witness to a Noncomplying Will Inherit Under It? In re: Estate of Joseph I. Shaffer.
4 Mar 2020, 4:40 am
No: Justices Kennedy and Donnelly Terry Shaffer’s First Proposition of Law Accepted for Review Ohio’s Voiding Statute applies equally to wills executed in compliance with R.C. 2107.03 and wills submitted pursuant to R.C. 2107.24. [read post]
What’s On Their Minds: What Triggers Waiver of Doctor/Patient Privilege in Custody and Spousal Support Dispute? Belinda J. Torres Friedenberg v. Keith A. Friedenberg, et al.
3 Mar 2020, 4:35 am
Torres Friedenberg Gary S. [read post]
Merit Decision: Parent Has Burden of Proving Reasonable Parental Discipline in a Domestic Violence Prosecution. State v. Faggs
25 Feb 2020, 4:44 am
In a unanimous opinion written by Justice Fischer, in which Justices Kennedy and Donnelly concurred in judgment only, the Court held that reasonable parental discipline is not a component of the physical harm element of Ohio’s domestic violence and assault statutes but is rather an affirmative defense to those charges. [read post]
Merit Decision: Court Rejects Wrongful Termination Claim for Failure to Meet Jeopardy Element. House v. Iacovelli
17 Feb 2020, 8:32 am
Justice Stewart dissented, joined by Justice Donnelly. [read post]
What’s On Their Minds: Determining Admissibility of Speed Measuring Devices. City of Brook Park v. Joseph G. Rodojev.
14 Feb 2020, 7:37 am
That’s why Mr. [read post]
What’s On Their Minds: Should Prior Acquittal Evidence be Admissible in Subsequent Criminal Trials? State of Ohio v. Michael Smith
11 Feb 2020, 7:48 am
., Smith’s now adult daughter. [read post]
Oral Argument Preview: What Happens When the State Gets Too Many Peremptory Challenges? State of Ohio v. Seante Jones.
6 Feb 2020, 4:44 am
Therefore, Jones’s conviction should be affirmed. [read post]
Oral Argument Preview: What Triggers Waiver of Doctor/Patient Privilege in Custody and Spousal Support Dispute? Belinda J. Torres Friedenberg v. Keith A. Friedenberg, et al.
5 Feb 2020, 4:55 am
Votes to Accept the Case Yes: Justices French, DeWine, Donnelly, and Stewart No: Chief Justice O’ Connor and Justices Kennedy and Fischer Belinda’s Propositions of Law Accepted for Review Proposition of Law 1 A party’s request for custody does not constitute a complete abrogation of the physician-patient privilege under R.C. 3217.02(B) [sic.] where the mental and physical health records do not relate to the party’s ability to parent… [read post]
4 Feb 2020, 8:21 am
Chief Justice O’Connor and Justices Fischer, Donnelly, and Stewart voted for dismissal. [read post]
Oral Argument Preview: Civil Stalking Protection Order Potentially Collides with First Amendment Rights. Joni Bey, et al. v. Jeffrey Rasawehr
4 Feb 2020, 5:13 am
Votes to Accept the Case Yes: Justices French, Fischer, DeWine, and Donnelly* No: Chief Justice O’Connor, Justices Kennedy and Stewart *Justices French, DeWine, and Donnelly would accept the appeal on both propositions of law. [read post]
What’s On Their Minds: Private Sector Employer Drug Testing and Employee Invasion of Privacy. Donna L. Lunsford et al. v. Sterilite of Ohio, LLC et al.
3 Feb 2020, 4:33 am
” Justice Donnelly, to counsel for U.S. [read post]
Oral Argument Preview: Determining Admissibility of Speed Measuring Devices. City of Brook Park v. Joseph G. Rodojev.
24 Jan 2020, 4:57 am
Votes to Accept the Case Yes: Chief Justice O’Connor* and Justices French,* Stewart,* DeWine, Donnelly, Kennedy, and Fischer *Chief Justice O’Connor and Justices French and Stewart would have certified the conflict only as to In re Z.E.N., 2018-Ohio-2208. [read post]
Oral Argument Preview: Should Prior Acquittal Evidence be Admissible in Subsequent Criminal Trials? State of Ohio v. Michael Smith
21 Jan 2020, 7:21 am
Votes to Accept the Case Yes: Chief Justice O’Connor and Justices French, Fischer, and Donnelly No: Justices Kennedy, DeWine, and Stewart Smith’s First Proposition of Law Accepted for Review Evidence of prior acts pertaining to criminal charges which resulted in acquittal should be barred from admission in a subsequent criminal case. [read post]
16 Jan 2020, 7:01 am
According to George Donnelly, Attorney at the Public Interest Law Center of Philadelphia, the bill creates a “comprehensive framework” to protect children from “the public health crisis caused by lead paint. [read post]
What’s On Their Minds: Is the Denial of a Motion to Withdraw by Appointed Counsel a Final Appealable Order? State of Ohio v. Basim Barnes
14 Jan 2020, 7:19 am
Gonzalez-Lopez, 548 U.S. 140, 150 (2006) (A trial court’s deprivation of a criminal defendant’s choice of counsel entitles him to reversal of his conviction.) [read post]
Merit Decision: Supreme Court of Ohio Sends Defamation Case back to Appeals Court to Apply Proper Degree of Fault to Claim. Anderson v. WBNS-TV, Inc.
3 Jan 2020, 5:06 am
” Justice Donnelly, Majority Opinion “The appellate court’s editorializing and commentary, while eye-catching, does not carry with it any weight of authority overruling our precedent in Lansdowne or creating a new duty or fault standard in private-figure defamation cases. [read post]
What’s On Their Minds: What’s Required of Trial Courts Before Ordering Defendant to Pay Court-Appointed Counsel Fees? State of Ohio v. Robert Taylor
30 Dec 2019, 5:25 am
It is the state’s position that the statute does not explicitly state or require that, nor does the statute require a hearing to determine the defendant’s ability to pay. [read post]
Merit Decision: Dog Need Not Be Designated As Dangerous Before Owner Can Be Prosecuted For Failure to Confine A Dangerous Dog. State v. Jones
26 Dec 2019, 10:41 am
Chief Justice O’Connor, Justices DeWine and Donnelly, and Judge Waite, subbing for Justice Fischer, concurred. [read post]
What’s on Their Minds: Is Strict or Substantial Compliance with Criminal Rule 11(C)(2)(c) Required in Appellate Review of Trial Court’s Acceptance of Guilty Plea? State of Ohio v. Shawn M. Miller
23 Dec 2019, 7:29 am
That’s what the trial court did in this case. [read post]