It has been an honor and a joy for me, Professor Emerita Marianna Bettman, to blog about cases in the Supreme Court of Ohio for more than a decade. Yet everything has a season, and the time has come for … Continue reading → The post Retiring The Legally Speaking Ohio Blog appeared first on Legally Speaking Ohio ..read more

“You are assuming that being under the influence was the cause. What if it wasn’t the cause? What if distracted driving was?” Justice Kennedy, to counsel for Schubert “If we affirm the court of appeals does this give license to … Continue reading → The post What’s On Their Minds: Propriety of Search of Cell Phones Found at Crash Scene. State of Ohio v. Alan Schubert appeared first on Legally Speaking Ohio ..read more

My student contributors Brandon Bryer and Liam McMillin graduated May 14, 2022 from the University of Cincinnati College of Law. I want to thank them for their excellent work on the blog and wish them the very best as they … Continue reading → The post Wishing My Graduating Bloggers The Very Best appeared first on Legally Speaking Ohio ..read more

“The record is quite clear that Burns did not control the misappropriated funds: the money was never in his possession, nor did he exert any control over it.” Justice Donnelly, majority opinion “The General Assembly could have included a ‘control’ … Continue reading → The post Merit Decision: Charter School Director Not Liable for Embezzled Funds. State ex rel. Yost v. Burns. appeared first on Legally Speaking Ohio ..read more

“Are you wanting us to find that the rules of evidence apply in transfer hearings or just the right of confrontation, or both?” Justice Brunner, to counsel for Fuell “Is the court to believe everything that is said?” Chief Justice … Continue reading → The post What’s On Their Minds: Do Juveniles Have the Right of Confrontation at Transfer Hearings?  Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell appeared first on Legally Speaking Ohio ..read more

On May 11, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Davis Anthony Hill, 2021-0913. At issue in this case is whether a trial court abuses its discretion by preventing a criminal defendant … Continue reading → The post Oral Argument Preview: Can a Trial Court Prevent a Defendant from Pleading No Contest? State of Ohio v. Davis Anthony Hill appeared first on Legally Speaking Ohio ..read more

On May 11, 2022, the Supreme Court of Ohio will hear oral argument in In Re J.H., et al. A Minor Child (Appeal by A.H., Mother), 2021-0533. At issue in this case is whether a juvenile court improperly denied a … Continue reading → The post Oral Argument Preview: Was a Mother Deprived of her Right to Counsel by the Juvenile Court? In Re J.H., et al. A Minor Child (Appeal by A.H., Mother).  appeared first on Legally Speaking Ohio ..read more

“What statements were made that would contradict the warranty?” Justice Brunner, to Counsel for Navistar “So why should the Court change the bargain that you made into something else?” Justice DeWine, to Counsel for Dutchmaid On April 13, 2022, the … Continue reading → The post What’s On Their Minds: Can a Contractual Warranty Disclaimer Bar a Tort Fraud Claim Based on the Same Facts and Damages? Navistar Inc. v. Dutchmaid Logistics Inc. appeared first on Legally Speaking Ohio ..read more

On April 27, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Alan Schubert, 2021-0761. At issue in this case is whether police officers may reasonably rely on a search warrant issued for a … Continue reading → The post Oral Argument Preview: Propriety of Search of Cell Phones Found at Crash Scene. State of Ohio v. Alan Schubert appeared first on Legally Speaking Ohio ..read more

On April 26, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Austin M. Fuell, 2021-0794.  At issue in this case is whether a mandatory life sentence with parole eligibility is unconstitutional as applied … Continue reading → The post Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell appeared first on Legally Speaking Ohio ..read more