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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
2014-1454 State of Ohio v. Antonia Earley OPEN 10/8/2014 When the offense of operating a motor vehicle while under the influence in violation of R.C. 4511. 1 9(A)(1) is the predicate conduct for aggravated vehicular assault in violation R.C. 2903.08(A)(1), are the two offenses allied, and if so, does R.C. 2929.41 (B)(3) create an exception that allows a trial court to impose a sentence for both offenses?"
2014-1278 State of Ohio v. Antonia Earley OPEN 10/8/2014 When the offense of operating a vehicle while under the influence, R.C. 4511.19(A)(1)(a), is the predicate conduct for aggravated vehicular assault, R.C. 2903.08(A)(1)(a), Ohio's allied-offense statute, R.C. 2941.25, must be considered before a court may determine whether concurrent or consecutive sentences will be imposed under 2929.41(B)(3). Fifth and Fourteenth Amendments, United States Constitution; Section 10, Article I, Ohio Constitution; R.C. 2941.25
2014-1255 State of Ohio v. Penny J. Shaffer OPEN
(Held)
10/8/2014 PROPOSITION OF LAW: Enhanced sentences for third-degree-felony convictions are permissible only for the offenses explicitly identified in R.C. 2929.14(A)(3)(a). R.C. 2929.14(A)(3)(a) and (b).
2014-1128 State of Ohio v. Montie E. Sullivan OPEN
(Held)
9/24/2014 Does the good-faith exception to the federal exclusionary rule apply to the warrantless attachment and monitoring of a GPS device where no "binding appellate precedent" authorized the warrantless search?
2014-1127 State of Ohio v. Montie E. Sullivan OPEN
(Held)
9/24/2014 Proposition of Law No. 1. When the warrantless attachment and monitoring of a GPS device on a vehicle occurred before United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), the exclusionary rule will not be applied to suppress evidence arising therefrom unless such attachment and monitoring involved the deliberate, reckless, or grossly-negligent disregard of Fourth Amendment rights or involved circumstances of recurring or systemic negligence. (Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496; Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011), followed and applied).
2014-1127 State of Ohio v. Montie E. Sullivan OPEN
(Held)
9/24/2014 Proposition of Law No. 2. The warrantless attachment and monitoring of a GPS device on a vehicle so as to follow the vehicle's movements on public roadways does not violate the Fourth Amendment when there is reasonable suspicion or probable cause justifying such attachment/monitoring.
2014-1127 State of Ohio v. Montie E. Sullivan OPEN
(Held)
9/24/2014 Proposition of Law No. 3. There is no Exclusionary Rule for a violation of the search-and-seizure provisions of Article l, Section 14, of the Ohio Constitution. (State v. Lindway, 131 Ohio St. 166, 2 N.E.2d 490 (1936), paragraphs four, five, and six of the syllabus, approved and followed).
2014-1062 State of Ohio v. Walter Polus OPEN 9/3/2014 "Whether a trial court may impose consecutive sentences for felony and misdemeanor convictions under R.C. 2929.41(B)(1)."
2014-1055 Gene'a Griffith, Executrix for the Estate of Howard E. Griffith, Deceased v. Aultman Hospital OPEN 10/8/2014 PROPOSITION OF LAW NUMBER 1: A HOSPITAL SHOULD NOT BE PERMITTED TO WITHHOLD PORTIONS OF A PATIENT'S MEDICAL RECORD BY UNILATERALLY SELECTING AND STORING THOSE MEDICAL RECORDS IN A DEPARTMENT OTHER THAN ITS MEDICAL RECORDS DEPARTMENT.
2014-0990 State of Ohio v. V.M.D. OPEN 9/24/2014 PROPOSITION OF LAW NO. I: OHIO COURTS ARE PROHIBITED FROM GRANTING MOTIONS TO EXPUNGE AND SEAL RECORDS OF CRIMINAL CONVICTIONS THAT ARE OFFENSES OF VIOLENCE.
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