Latest 2 Cases: State ex rel. Olmstead v. Forsthoefel (Criminal Law), State v. Castner (Criminal Law)

He Said/She Said, Save Our Sons, and the Stories that Stick: Part Two of a Two-Part Series of Columns

SHERRY F. COLB

In this second in a series of columns on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX, Cornell Law professor Sherry F. Colb suggests that gendered narratives play a role in people’s willingness to regard an acquaintance rape case as “he said/she said.” Colb describes several examples in which people prefer a story that confirms a pre-existing bias over truth based on evidence.

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State ex rel. Olmstead v. Forsthoefel

Citation: 2020-Ohio-4951

Opinion Date: October 21, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus against Ashland County Court of Common Pleas Judge Ronald Forsthoefel, holding that the court of appeals correctly found that Appellant's complaint failed to state a claim for relief in mandamus. Appellant was found guilty of six drug-related counts, and Judge Forsthoefel sentenced him to an aggregate term of sixty-one months. Appellant later filed a petition seeking a writ of mandamus to compel Judge Forsthoefel to vacate his sentence, merge counts four and five, and resentence him. The court of appeals granted Judge Forsthoefel's motion to dismiss. The Supreme Court affirmed, holding that Appellant had an adequate remedy by way of appeal.

State v. Castner

Citation: 2020-Ohio-4950

Opinion Date: October 21, 2020

Judge: DeWine

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's sentence for violating the conditions of his community control, holding that the trial court was within its authority to impose Defendant's full suspended twelve-month prison sentence under the circumstances of this case. As a condition of his community-control sanction Defendant was ordered to complete a drug treatment program. Soon after entering the program, Defendant was kicked out for misconduct. Defendant's probation officer filed a complaint alleging that Defendant had violated the conditions of his community control. Defendant admitted to the alleged violations. The trial court imposed the twelve-month prison term. Defendant appealed, arguing that his failure to complete the programs were technical violations, and therefore, his sentence could not exceed the ninety-day sentencing cap contained in Ohio Rev. Code 2929.15(B)(1)(c)(i). The Supreme Court affirmed, holding (1) the circumstances surrounding Defendant's violations were such that they could not be deemed merely technical in nature; and (2) therefore, the sentencing cap did not apply, and the trial court had discretion to sentence Defendant to a twelve-month prison term.