Monday, November 28, 2016

Brief filed: Stewart v. Vivian

Today we filed a merits brief in the Ohio Supreme Court on behalf of the appellant in Stewart v. Vivian.  You can read the brief here. The supplement is here.

Supreme Court elections official

First District judges Pat Fischer and Pat DeWine have officially won the elections for the seats being vacated by Justices Paul Pfeiffer and Judith Ann Lanzinger, respectively. Fischer narrowly defeated Cuyahoga County Common Pleas Judge John O'Donnell--O'Donnell only conceded the race this past week--and will be sworn in on January 1. DeWine, who earned a sizeable victory over Judge Cynthia Rice of the Eleventh District, will be sworn in on January 2.

Fifth District: procedendo issued

The Fifth District has issued a writ of procedendo requiring the Morgan County Common Pleas Court to rule on the relator's petition for post-conviction relief. The motion was filed in August 2015 and had not yet been ruled on, despite Superintendence Rule 40(A)(3)'s requirement that motions be resolved within 120 days of filing. The court did observe that litigants have no private right to enforce that rule, but the rule nevertheless bears upon the question of whether the court "has unduly delayed" in issuing a ruling. The case is State ex rel. Smoot v. Favreau.

Tuesday, November 15, 2016

Thursday, November 10, 2016

Rule 60(B)(4) - when does it apply?

Rule 60(B) provides for relief from a final judgment on certain specified conditions, including mistake or excusable neglect, newly discovered evidence, and fraud or misrepresentation. Subdivision (4) provides for relief if "the judgment has been satisfied, released or discharged," and honestly, it's never been clear to me when or why that might warrant the vacature of a judgment. I understand why a judgment might be noted as "paid" or "satisfied," but why should that be grounds for relief from the judgment? The Second District has an answer, though not necessarily an entirely satisfying one, in Kossoudji v. Stamps.

Wednesday, November 9, 2016

Supreme Court case announcements, 11/9/16

The Court announced that it has accepted one new jurisdictional appeal, has accepted one new certified conflict, and has granted one motion for reconsideration and accepted a jurisdictional appeal that was previously denied.