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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
2019-0646 State of Ohio v. Michael D. Hudson OPEN 7/10/2019 Proposition of Law: Once the underlying prison term has been fully served, a trial court cannot correct the complete failure to reference the consequences for violating postrelease control in the judgment entry of sentence.
2019-0621 In re: M.H. OPEN 7/10/2019 Proposition of Law I: The statement of a child to a government social worker may be involuntary and violate due process even when the government social worker was not required to give Miranda warnings.
2019-0621 In re: M.H. OPEN 7/10/2019 Proposition of Law II: A child does not feel free to leave when a he is driven to government agency for questioning by a parent and separated from that parent and interrogated in a private interrogation room without being told he is free to leave and free to not cooperate.
2019-0621 In re: M.H. OPEN 7/10/2019 Proposition of Law III: A child-suspect must be provided Miranda warnings when that child is interrogated by a social worker who is exercising her statutory duty to investigate child abuse allegations and does so cooperatively with the police on a regular and institutional basis.
2019-0544 State of Ohio v. Fredrick M. Weber OPEN 7/10/2019 First Proposition of Law: The using a weapon while intoxicated statute is unconstitutional as applied to the facts of this case.
2019-0544 State of Ohio v. Fredrick M. Weber OPEN 7/10/2019 Second Proposition of Law: Where a challenge is made that a statute unconstitutionally impinges on the fundamental right to bear arms, review is undertaken employing a strict scrutiny standard.
2019-0544 State of Ohio v. Fredrick M. Weber OPEN 7/10/2019 Third Proposition of Law: Under any of the standards of scrutiny applied to enumerated constitutional rights, a prohibition of having firearms while intoxicated in the home where defense of self, family and property is most acute~fails constitutional muster.
2019-0531 Defender Security Company d/b/a Defender Direct v. Joseph W. Testa [Jeffrey A. McClain], Tax Commissioner of Ohio OPEN 6/26/2019 Proposition of Law I: The appellate standard of review for legal questions addressed by the Board of Tax Appeals is de novo, without deference to the Tax Commissioner’s determination thereof.
2019-0531 Defender Security Company d/b/a Defender Direct v. Joseph W. Testa [Jeffrey A. McClain], Tax Commissioner of Ohio OPEN 6/26/2019 Proposition of LAW II Gross receipts form the sale of intangible assets are sourced to the purchaser’s physical location (s) that receive and use the assets, not the location where the assets were originated. Therefore, Defender’s receipts from the sale of Alarm Services Contracts to ADT are sitused to ADT’s physical; locations outside Ohio where it received the Alarm Services Contracts and utilized such Contracts by performing monitoring services for consumers.
2019-0531 Defender Security Company d/b/a Defender Direct v. Joseph W. Testa [Jeffrey A. McClain], Tax Commissioner of Ohio OPEN 6/26/2019 Proposition of LAW III: The significant risk of double taxation caused by the Tax Commissioner’s conflicting applications of R.C. 5751.033(I) violates the fair apportionment requirement of the dormant Commerce Clause of the United States Constitution.
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