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The Supreme Court of Ohio & The Ohio Judicial System

Issues Accepted for Review

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  All open cases and cases closed in past 180 days.
Case No.Case CaptionCase StatusDate
Accepted
Case Issue
2016-0930 State of Ohio v. Jamie Banks-Harvey OPEN 9/14/2016 Proposition of Law: Because the mere adoption of a policy by the Highway Patrol to retrieve and inventory the belongings of an arrested person cannot authorize unconstitutional police action, the warrantless entry into a car to retrieve the purse of an already-arrested person and the subsequent warrantless removal and search of that purse violates the Fourth Amendment and Section 14, Article I of the Ohio Constitution.
2016-0790 Nichole Johnson v. Mary E. Montgomery et al. OPEN 9/14/2016 An innocent third party may rely on traditional common-law negligence principles to impose liability on a liquor permit holder, and is not limited to the Dram Shop Act, when the intoxicated person who harms the innocent third party is not a patron of the liquor permit holder, but rather a worker who consumes alcohol as a normal part of his or her job responsibilities at the liquor permit holder's establishment with the permission or encouragement of the permit holder and for the permit holder's economic benefit.
2016-0789 State of Ohio v. Raymond Zimmerman OPEN
(Held)
9/14/2016 Proposition of Law I: The mandatory 15-years-to-life prison term required by R.C. 2929.02(B)(1) cannot be constitutionally applied to juvenile offenders. Eighth and fourteenth Amendments to the U.S. Constitutions; Ohio Constitution, Article I, Section 9 and 16.
2016-0789 State of Ohio v. Raymond Zimmerman OPEN
(Held)
9/14/2016 Proposition of law II: A child is denied the effective assistance of counsel when counsel fails to object to the constitutionality of a statutory scheme that violates a child's rights to due process and that constitutes cruel and unusual punishment. Sixth and Fourteenth Amendments to the United States Constitution; Ohio Constitution, Article I, Section 10.
2016-0704 Don Koprivec et al. v. Rails-to-Trails of Wayne County OPEN 9/14/2016 Proposition of Law No. I: The activities of a title holder's licensees as permitted users are properly considered in determining whether an alleged adverse possessor has exclusively possessed land for 21 years.
2016-0704 Don Koprivec et al. v. Rails-to-Trails of Wayne County OPEN 9/14/2016 Proposition of Law No. II: All Actions of the title holder must be considered when analyzing the exclusivity element of an adverse possession claim, especially if the property in dispute is undeveloped, rural land.
2016-0704 Don Koprivec et al. v. Rails-to-Trails of Wayne County OPEN 9/14/2016 Proposition of Law: When interpreting a deed granting land to a railroad, language incorporated into the habendum clause granting the land "so far as" it is used for railroad purposes "and no further" creates a fee simple determinable that results in reversion when the land is no longer used for railroad purposes.
2016-0672 State of Ohio v. Shuaib A. Haji Mohamed OPEN 8/31/2016 Appellant's Proposition of Law 1: A victim is not `unharmed' under R.C. 2905.01(C)(1), requiring a reduction of the kidnapper's sentence, where the victim is sexually assaulted while kidnapped.
2016-0636 Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al. OPEN 7/27/2016 PROPOSITION OF LAW I: IN ANY TORT ACTION, THE EMPLOYEE DOES NOT NEED TO BE JOINED IN ORDER TO ESTABLISH RESPONDEAT SUPERIOR LIABILITY SO NAMEDA ASN DT HE EMPLOYER HAS BEEN PROPERLY SERVED. [National Union Fire Ins. Co. v. Wuerth, 122 Ohio St. 3d 594, 2009-Ohio-3601, 913 N.E. 2d 939, limited; Taylor 1:. Belmont Community Hosp., 71'" Dist., Belmont No. 09 BE 30, 2010-Ohio-3986, approved].
2016-0593 U.S. Bank, N.A. v. Lloyd E. Christmas et al. CLOSED 7/27/2016 If standing is challenged, is a party seeking to foreclosure a mortgage based on a defaulted promissory note is required to demonstrate an interest in both the note and the mortgage?
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