My Favorite Three from RBG

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar reflects on three writings by the late Justice Ruth Bader Ginsburg that he finds himself most drawn to. Amar describes these writings as addressing ideas central to our form of democratic government, namely popular sovereignty, equal voting access, and judicial deference to Congress on policies involving the entire nation.

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Republicans’ Blind Support for Trump Is NOT About Judges and Tax Cuts but About Bigotry and Raw Power

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan examines the flaws in the theory that Republicans’ support for Trump is about judges and tax cuts. Rather, Buchanan argues, they support his bigotry and his efforts to dismantle our democracy.

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State v. Smith

Citation: 2020-Ohio-4441

Opinion Date: September 22, 2020

Judge: DeWine

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's conviction for sexually abusing his granddaughter, holding that acquitted-act evidence was admitted for a proper purpose under Evid.R. 404(B). During trial, the trial court allowed the State to introduce "other acts" evidence that Defendant had previously molested his daughter under similar circumstances. Defendant was put on trial for these allegations but was ultimately acquitted. On appeal, Defendant asked the trial court to categorically rule that admitting evidence related to crimes for which a defendant has been acquitted violates the Double Jeopardy Clause of the Ohio Constitution. The Supreme Court rejected the challenge, holding (1) the Double Jeopardy Clause does not impose a per se bar to the use of other-acts evidence for which the defendant was previously acquitted; and (2) because Defendant placed his intent at issue, the trial court properly admitted evidence of the prior sexual-assault allegations.

Dailey v. Wainwright

Citation: 2020-Ohio-4519

Opinion Date: September 23, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's habeas corpus petition against the warden of the Marion Correctional Institution (MCI), holding that Appellant's petition was barred by res judicata. Appellant, an inmate at MCI, filed a successive petition for a writ of habeas corpus alleging that his maximum aggregate sentence had expired. The court of appeals dismissed the action, holding that habeas corpus does not lie because Appellant's maximum aggregate sentence will not expire until June 2023 and that the petition was barred by res judicata as a successive habeas petition. The Supreme Court affirmed, holding that the court of appeals properly granted summary judgment on res judicata grounds.

State ex rel. Herring v. Wainwright

Citation: 2020-Ohio-4521

Opinion Date: September 23, 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 on the grounds that his claim lacked merit, holding that Appellant was not entitled to immediate release. Appellant was convicted of felonious assault and sentenced to an indeterminate prison term of eight to twenty-five years in prison. In his habeas corpus petition, Appellant alleged that he had served his prison sentences and was entitled to immediate release. The court of appeals dismissed the petition. The Supreme Court affirmed, holding that because Appellant will not complete his lawfully imposed prison sentences until December 31, 2022, he was not entitled to immediate release.

State v. Hartman

Citation: 2020-Ohio-4440

Opinion Date: September 22, 2020

Judge: DeWine

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals reversing Defendant's convictions of two counts of rape, holding that the trial court erred by admitting "other acts" evidence that Defendant had sexually abused his stepdaughter when she was a child. Defendant was convicted of raping an adult female acquaintance. During trial, the trial court allowed the State to present evidence that Defendant had victimized his former stepdaughter as a child. The court of appeals reversed Defendant's convictions, concluding that the evidence of Defendant's abuse of his stepdaughter constituted improper other-acts evidence and was inadmissible under Evid.R. 404(B). The Supreme Court affirmed, holding that the evidence of Defendant's other acts constituted improper propensity evidence, and the trial court erred in admitting it.

State ex rel. AWMS Water Solutions, LLC v. Mertz

Citation: 2020-Ohio-4509

Opinion Date: September 23, 2020

Judge: Fischer

Areas of Law: Real Estate & Property Law

The Supreme Court reversed the judgment of the court of appeals granting summary judgment to the State and denying AWMS Water Solutions, LLC's petition for a writ of mandamus to compel the Ohio Department of Natural Resources and others (collectively, the State) to initiate property-appropriation proceedings, holding that genuine issues of material fact remained regarding whether AWMS had suffered a total or partial taking. AWMS, a disposer of waste from oil and gas production and drilling sites, obtained permits to drill and inject saltwater in wells on its property. After an earthquake occurred, AWMS was ordered to suspend its operations at one of its wells. In its petition for a writ of mandamus, AWMS alleged that a suspension order effected a governmental taking of its property requiring the State to pay just compensation. The court of appeals granted summary judgment for the State and denied the mandamus petition. The Supreme Court reversed, holding (1) AWMS was justified in pursuing compensation through a takings action and that its claim was ripe at the time it instituted its action; and (2) there was a genuine issue of material fact concerning whether the State's suspension of operations at the well deprived AWMS of all economically beneficial use of its leasehold.