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.
The new jurisdictional appeal is Brecksville-Broadview Heights Board of Education v. Cuyahoga County Board of Revision. The issues presented relate to whether a publicly advertised auction in an open market in which both buyer and seller were free of duress, constitutes an arms-length sale for ad valorem taxation purposes.
The certified conflict is State v. Dye. The question presented is whether a court must wait until the statute of limitations expires before sealing the record of a case that was dismissed without prejudice. The Fifth District held that the answer was yes; the Eighth District had held that the answer was no.
The reconsidered case is State v. Jackson. This case relates to whether an order that sentences a criminal defendant to prison is a final appealable order, where other charges tried concurrently with the charges on which the defendant was convicted and sentenced were dismissed without prejudice after a mistrial. The Eighth District held that such an order was not final and appealable, and sua sponte dismissed the defendant's appeal. Such a ruling would require either retrial of the other charges or dismissal of them with prejudice, neither of which the State finds desirable.
The opening brief in these cases will be due in approximately mid-January.
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