Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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State ex rel. Bonner v. Serrott

Citation: 2020-Ohio-1450

Opinion Date: April 15, 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 writs of mandamus and procedendo to compel the court of common pleas judge to issue a judgment of conviction that constitutes a final, appealable order, holding that Appellant had an adequate remedy at law. In 1993, Appellant was convicted of aggravated murder with a firearm specification and other offenses. The court of appeals reduced the aggravated murder conviction to a murder conviction. In 1995, on remand, the trial court entered a modified judgment. Appellant later filed a motion arguing that the modified judgment entry was not a final, appealable order because it did not comply with Crim.R. 32(C). The trial court denied the motion. The court of appeals dismissed the appeal. In 2015, the trial court issued a new judgment of conviction sua sponte. Appellant did not appeal from the new entry. In 2018, Appellant filed an action seeking writs of mandamus and procedendo, arguing that the 2015 judgment of conviction was not a final, appealable order. The court of appeals dismissed the petition, concluding that Appellant had an adequate remedy at law. The Supreme Court affirmed, holding that the court of appeals properly dismissed the petition.

State v. Fips

Citation: 2020-Ohio-1449

Opinion Date: April 15, 2020

Judge: Fischer

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the court of appeals finding that Defendant's conviction was against the manifest weight of the evidence and reducing her conviction to a lesser included offense rather than ordering a new trial, holding that a new trial is the appropriate remedy when a reviewing court determines that a criminal conviction is against the manifest weight of the evidence. After a bench trial, Defendant was found guilty of assaulting a peace officer. On appeal, the court of appeals determined that Defendant's conviction was against the manifest weight of the evidence, but rather than ordering a new trial, the court of appeals modified the judgment to reduce the conviction to the lesser included offense of disorderly conduct. The Supreme Court reversed, holding that the court of appeals erred by not adhering precedent dictating that a new trial is the appropriate remedy when a reviewing court determines that a criminal conviction is against the manifest weight of the evidence.

Stever v. Wainwright

Citation: 2020-Ohio-1452

Opinion Date: April 15, 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 habeas corpus, holding that Appellant was not entitled to relief on any of his three propositions of law. Appellant was convicted of an aggravated murder that he committed when he was a juvenile. In his habeas petition, Appellant argued that he was entitled to immediate release because the court of common pleas had lacked subject matter jurisdiction over his case for several reasons. The court of appeals dismissed the complaint, determining that the premise of Appellant's claim was false. The Supreme Court affirmed, holding that the court of appeals properly found that the judgment of conviction and sentence were not void ab initio for lack of subject matter jurisdiction.

State ex rel. Neitzelt v. Industrial Commission

Citation: 2020-Ohio-1453

Opinion Date: April 15, 2020

Judge: Per Curiam

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Supreme Court reversed the judgment of the court of appeals granting Christina Neitzelt's request for a writ of mandamus ordering the Industrial Commission to vacate its order disallowing an L4-L5 disc herniation as an allowed condition in Appellant's workers' compensation claim, holding that under the some evidence standard, the Commission did not abuse its discretion. After Neitzelt had back surgery the Commission granted her employer's request to disallow the L4-L5 disc herniation from Neitzelt's claim based on evidence arising from the surgery. The court of appeals concluded that the Commission's exercise of its continuing jurisdiction was untimely and therefore improper. The Supreme Court reversed, holding that some evidence before the Commission supported its conclusion that Neitzelt's employer established both new or changed circumstances and a mistake in fact.