Latest 3 Cases: State ex rel. Kerr v. Pollex (Criminal Law), State ex rel. Roden v. Ohio Department of Rehabilitation & Correction (Criminal Law), ...

Kansas v. Glover and Conditional Irrelevance

SHERRY F. COLB

Cornell law professor Sherry F. Colb discusses the concept of “conditional irrelevance”—which she first identified in a law review article in 2001—and explains why the concept is useful for understanding the arguments before the U.S. Supreme Court in Kansas v. Glover. Through the lens of conditional irrelevance, Colb explains why the knowledge of one fact (that the owner of the vehicle in that case lacked a valid license) should not itself provide police reasonable suspicion to stop the vehicle.

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State ex rel. Kerr v. Pollex

Citation: 2020-Ohio-411

Opinion Date: February 11, 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 prohibition to vacate his criminal convictions, holding that the court of appeals correctly concluded that Appellant's claims were barred by res judicata. Appellant was convicted of four counts of forgery and four counts of tampering with evidence. Appellant later filed a petition for a writ of prohibition against the now-retired judge who presided over his criminal case and the judge who replaced the previous judge, claiming that his judgment of conviction should be vacated because certain evidence was improperly admitted at trial, venue was not properly established, his convictions were not supported by sufficient evidence, and the prosecutor committed misconduct. The court of appeals dismissed the petition sua sponte. The Supreme Court affirmed, holding that the petition was properly dismissed because (1) the common pleas court had subject matter jurisdiction to hear Appellant's criminal case; (2) Appellant's appeal of his criminal convictions constituted an adequate remedy at law; and (3) Appellant's claims were barred by res judicata.

State ex rel. Roden v. Ohio Department of Rehabilitation & Correction

Citation: 2020-Ohio-408

Opinion Date: February 11, 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 the Ohio Department of Rehabilitation and Correction (DRC), holding that the court of appeals correctly dismissed Appellant's complaint for his failure to submit the statement of inmate account required by Ohio Rev. Code 2969.25(C)(1). Appellant, an inmate, filed a petition seeking a writ of mandamus ordering the DRC to aggregate his prison terms "in a manner consistent with the law." The court of appeals dismissed the petition sua sponte because Appellant had failed to comply with section 2969.25(C)(1). On appeal, Appellant argued that he filed with his petition an inmate account statement that substantially with section 2969.25(C). The Supreme Court affirmed, holding that because section 2969.25(C) does not permit substantial compliance the court of appeals correctly dismissed Appellant's complaint.

Rockies Express Pipeline, LLC v. McClain

Citation: 2020-Ohio-410

Opinion Date: February 11, 2020

Judge: Judith L. French

Areas of Law: Energy, Oil & Gas Law, Government & Administrative Law, Tax Law

The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming a tax assessment against Rockies Express Pipeline, LLC (Rockies), holding that Rockies' gross receipts for tax year 2015 from the transportation of natural gas within the state of Ohio were not excluded from taxation under Ohio Rev. Code 5727.33(B)(1) as "receipts derived wholly from interstate business" and that such taxation does not violate the Commerce Clause. Rockies is an interstate pipeline that transports natural gas for others. For tax year 2015, the Ohio Tax Commissioner assessed Rockies on transactions in which natural gas entered and exited Rockies' pipeline within Ohio. Rockies petitioned the tax commissioner for reassessment, arguing that its receipts derived wholly from interstate business and were thus eligible for exclusion under section 5727.33(B)(1). The tax commissioner upheld the assessment. The BTA affirmed. The Supreme Court affirmed, holding (1) Rockies did not meet its burden of showing that its receipts fall under the exclusion in section 5727.33(B)(1) as "receipts derived wholly from interstate business"; and (2) imposing the tax under these circumstances does not violate the Commerce Clause because Rockies has substantial nexus with Ohio based on its physical presence within the State.