Today the Court announced that it has accepted discretionary appeals in two criminal cases.
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.
Wednesday, July 5, 2017
Wednesday, June 21, 2017
Supreme Court case announcements, 6/21/17
Just two new grants today--one of which we've discussed before.
Wednesday, June 7, 2017
On orders, final orders, and judgments
Perhaps no issue more consistently perplexes litigants (and sometimes, it must be said, judges) than whether a particular order is merely an order, a "final order," or a "judgment." The distinction matters a great deal, and in this case it (for now, at least) cost the plaintiff a shot at almost 8 million bucks.
Tuesday, June 6, 2017
Potential conflict in arbitration case
The Ninth District has just released a decision in Kelsey v. Carrington Homes, Inc., in which it held that a trial court must conduct an evidentiary hearing before compelling the parties to arbitrate a dispute.
This holding appears to conflict with that of at least one other appellate district, and may be a candidate for review by the Supreme Court as a certified conflict.
This holding appears to conflict with that of at least one other appellate district, and may be a candidate for review by the Supreme Court as a certified conflict.
Monday, June 5, 2017
First District roundup
Last week the First District issued two decisions worth mentioning--one civil and one criminal.
Wednesday, May 31, 2017
Tuesday, May 30, 2017
Justice DeWine's concurrence in Aalim II
Yesterday I noted Justice DeWine's concurrence in Aalim II, and promised to write a bit more. And so--as I see Justice DeWine jog down the street past my office window--here is that post.
The majority opinion in Aalim II is a rejection of a due-process challenge to Ohio's statutory scheme providing for mandatory bindover of juveniles to common pleas court if certain factors are met. Justice DeWine agrees with the conclusion that the scheme is in fact constitutional, but writes separately to emphasize his belief that the Court has conflated procedural and substantive due process standards.
Stick with me--this is more interesting than you might think.
The majority opinion in Aalim II is a rejection of a due-process challenge to Ohio's statutory scheme providing for mandatory bindover of juveniles to common pleas court if certain factors are met. Justice DeWine agrees with the conclusion that the scheme is in fact constitutional, but writes separately to emphasize his belief that the Court has conflated procedural and substantive due process standards.
Stick with me--this is more interesting than you might think.
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