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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
2018-0416 State of Ohio v. Travis Soto OPEN 5/23/2018 Proposition of Law No .1: Involuntary Manslaughter with a child endangering predicate in violation of ORC 2903.04(A) is not the same offense for double jeopardy purposes as Aggravated Murder in violation of ORC 2901 .01(C) or Murder with a felonious assault predicate in violation of ORC 2903.02 (B) under the Blockburger "same offense" test.
2018-0416 State of Ohio v. Travis Soto OPEN 5/23/2018 Proposition of Law No .2: Additional facts necessary to sustain a new charge that have not been discovered despite the exercise of due diligence acts as an exception to Blockburger to allow subsequent prosecution.
2018-0416 State of Ohio v. Travis Soto OPEN 5/23/2018 Proposition of Law No.3: A negotiated plea does not bar successive prosecutions where the defendant would not reasonably believe that his or her plea would bar further prosecutions for any greater offense related to the same factual scenario.
2018-0351 In re: Adoption of B.I. OPEN 4/25/2018 "In an adoption-consent case under R.C. 3107.07(A) in which a court has previously relieved a parent of any child-support obligation, does that previous order supersede any other duty of maintenance and support so as to provide `justifiable cause' for the parent's failure to provide maintenance and support, therefore requiring the petitioner to obtain the consent of that parent?"
2018-0350 In re: Adoption of B.I. OPEN 4/25/2018 "In an adoption-consent case under R.C. 3107.07(A) in which a court has previously relieved a parent of any child-support obligation, does that previous order supersede any other duty of maintenance and support so as to provide `justifiable cause' for the parent's failure to provide maintenance and support, therefore requiring the petitioner to obtain the consent of that parent?"
2018-0338 State of Ohio v. Cedric N. Jeffries OPEN 5/23/2018 Ohio's rape shield law prohibition on the admission of "specific instances of the victim's sexual activity" applies only to consensual sex or whether it also prohibits questions related to prior sexual abuse.
2018-0312 State of Ohio, v. Benjamin A. Davis OPEN 4/25/2018 "Is trial counsel's failure to file a motion to waive court costs at sentencing ineffective assistance of counsel when defendant has previously been found indigent?"
2018-0237 Shelly Materials, Inc. v. City of Streetsboro Planning and Zoning Commission, et al. OPEN 5/23/2018 Proposition of Law No. 1: An administrative decision that is unconstitutional, illegal, arbitrary, capricious, unreasonable, cannot be affirmed simply because it is supported by the preponderance of the evidence, nor can an unsupported decision be affirmed simply because it is not illegal or arbitrary; rather, a common pleas court must reverse if it finds any one of the statutory grounds for reversal of an administrative decision. Solid Rock Ministries Internatl. v. Monroe Bd. of Zoning Appeals (Ohio App. 12 Dist., 06-05-2000) 138 Ohio App.3d 46, 51, 740 N.E.2d 320, dismissed, appeal not allowed 90 Ohio St.3d 1439, 736 N.E.2d 901.
2018-0237 Shelly Materials, Inc. v. City of Streetsboro Planning and Zoning Commission, et al. OPEN 5/23/2018 Proposition of Law No. 2: It is the proper function of the Court of Common Pleas in an appeal under Ohio Revised Code 2506.01 to evaluate the character of evidence to determine if it was "substantial, reliable, and probative.
2018-0237 Shelly Materials, Inc. v. City of Streetsboro Planning and Zoning Commission, et al. OPEN 5/23/2018 Proposition of Law No. 3: It is not the function of a Court of Appeals in an appeal under Ohio Revised Code 2506.01 to review the common pleas court's judgment de novo, but its review under R.C. 2506.04 is limited to "questions of law." R.C. 2506.04.
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