Today the court dismissed State v. Blair, which was noted as a newly accepted case in this blog post from May. The issue in Blair related to record-sealing, formerly known as "expungement"; an applicant is not eligible for sealing if she has a "pending criminal matter" at the time of the application. Blair's application was denied because she was on community control for a different offense at the time she applied. The question presented to the Court was whether community control constituted a "pending criminal matter." (The trial court and the First District had held that the answer was yes.) The State moved to dismiss the case as moot, because Blair's community control period was terminated earlier this year, and the Court agreed.
The State preemptively argued that the case was not capable of repetition yet evading review, because while Blair's community control was relatively short (one year), Ohio law authorizes community control period of up to five years, so the issue was bound to be raised eventually in another case. We'll keep our eyes open for that one.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Tuesday, August 22, 2017
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.
Posted by Jeff at 3:39 PM No comments:
Labels: appellate jurisdiction, board of tax appeals, Brecksville-Broadview Heights v. Cuyahoga County BOR, case announcements, Ohio Supreme Court, property taxes, sealing records, State v. Dye, State v. Jackson
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