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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
2019-1027 State of Ohio v. LaShawn Pettus OPEN 9/25/2019 When a defendant is convicted of multiple theft offenses committed in the offender's same employment, capacity, or relationship to another, does R.C. 2913.61(C) permit the offenses to be aggregated where the victim of the offense is not an elderly person, a disabled adult, or an active duty service member or spouse of an active duty service member?
2019-0980 State of Ohio v. Ursula Owens OPEN 10/1/2019 Proposition of Law No. 1: Reckless homicide is a lesser-included offense of Felony Murder. A criminal defendant who has been charged with Felony Murder is denied due process, the right to trial by jury, and a fair trial when the jury is not provided with an instruction on reckless homicide, as a lesser-included offense of Felony Murder, under facts and circumstances which warrant that instruction, in violation of the defendant’s rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments of the U.S. Constitution and Article I, Sections 9, 10, and 16 of the Ohio Constitution.
2019-0939 Menorah Park Center for Senior Living v. Irene Rolston OPEN 10/1/2019 Proposition of Law No. 1: The Health Insurance Portability & Accountability Act (HIPAA) preempts a common law claim brought under Biddle v. Warren Gen. Hospital, 86 Ohio St.3d 395, 715 N.E.2d 518 (1999) for disclosure of protected health information where the limited disclosure was for the purpose of obtaining payment on a past due account, which is an “authorized disclosure” under HIPAA regulations.
2019-0939 Menorah Park Center for Senior Living v. Irene Rolston OPEN 10/1/2019 Proposition of Law No. 2: A claimant’s reliance on a HIPAA regulation to determine whether the release of protected health information was “unauthorized” for the purpose of pursuing a common law claim under Biddle would allow private enforcement of HIPAA regulations, which is contrary to overwhelming legal authority that HIPAA does not provide a private right of action for improper disclosures of medical information but rather provides civil and criminal penalties which must be enforced by the Department of Health and Human Services.
2019-0927 State of Ohio v. Dante Myers OPEN
(Held)
9/25/2019 State v. Grimes applies retroactively because it clarified an existing statute rather than announcing a new rule. Further, the prohibition against retroactive application of new rules does not apply when a sentence is void.
2019-0914 State of Ohio v. LaShawn Pettus OPEN 9/25/2019 APPELLANT’S FIRST PROPOSITION OF LAW: R.C. 2913.61(C)(1) allows aggregation of theft offenses only when the victims are elderly or disabled or who are in the military or who are spouses of those in the military
2019-0909 State of Ohio v. Bryant D. Winslow OPEN
(Held)
9/25/2019 May a child support obligor be prosecuted for failure to pay child support under RC. 29l9.2l(B) where a child support order was in place for the time period specified in the charging document, but the charging document was filed after the child for whom support was owed had been emancipated and the child support obligation had terminated?
2019-0900 State of Ohio v. Christopher Willingham OPEN 8/21/2019 Proposition of Law I: A court of appeals is divested of jurisdiction to sua sponte reconsider its own opinion, without notice, once an appeal is perfected to the Ohio Supreme Court
2019-0900 State of Ohio v. Christopher Willingham OPEN 8/21/2019 Proposition of Law II: In a sexual assault case, a defendant does not establish actual prejudice, for purposes of a claim of pre-indictment delay analysis, through the loss of any evidence that might bolster a consent defense. At a minimum, there must be a reliable indication that such evidence existed and could have been obtained, is non-speculative, and that such evidence was material and substantially probative on the issue of consent
2019-0899 State of Ohio v. Michael A. Frierson OPEN
(Held)
9/25/2019 PROPOSITION OF LAW II: THE GENERAL ASSEMBLY LEGISLATIVELY CLARIFIED THE DEFINITION OF SEXUALLY VIOLENT PREDATOR THROUGH 150 H.B. 473. THE AMENDMENT’S APPLICATION TO A DEFENDANT WHO COMMITTED AN OFFENSE PRIOR TO APRIL 29, 2005 DOES NOT VIOLATE THE EX POST FACTO CLAUSE OF THE UNITED STATES CONSTITUTION
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