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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
2020-1139 State of Ohio v. Brittany Renee Pilkington OPEN
(Held)
11/12/2020 Whether Ohio's Sub.S.B. No. 231, 'Sierah's Law,' R.C. 2903.42 et seq., creating a violent offender database, which became effective March 20, 2019. violates Section 28, Article II of the Ohio Constitution, Ohio's constitutional prohibition on retroactive statutes, when retroactively applied to an offense that occurred before March 20, 2019.
2020-1057 Cletus Snay, et al. v. Matthew Burr, et al. OPEN 10/27/2020 PROPOSITION OF LAW NO. 1: Although a landowner may generally owe no duty to errant motorists who strike an off-road hazard, an exception exists giving rise to a duty where the landowner consciously creates a hazardous condition in the right-of-way, in close proximity to the traveled portion of the roadway, with actual knowledge of the danger it presents to motorists who unintentionally, but foreseeably, veer off the traveled portion of the roadway
2020-1057 Cletus Snay, et al. v. Matthew Burr, et al. OPEN 10/27/2020 PROPOSITION OF LAW NO. 2: The open and obvious doctrine does not apply to obviate a landowner’s duty not to consciously place a hazardous item in the right-of-way in close proximity to the traveled portion of the roadway
2020-1057 Cletus Snay, et al. v. Matthew Burr, et al. OPEN 10/27/2020 PROPOSITION OF LAW NO. 3: An accident reconstructionist’s opinion that plaintiff’s vehicle would not have overturned upon leaving the traveled portion of the roadway “but for” its encounter with a dangerous, unyielding mailbox post is admissible on the issue of proximate cause and is sufficient to create a genuine issue of material fact on that issue
2020-1055 State of Ohio v. Markale Lundy OPEN 10/27/2020 Proposition of Law No. I: The reasonableness requirement forces counsel to violate ethical obligations by offering privileged explanations or curtailing due diligence to meet an arbitrary extratextual deadline.
2020-1055 State of Ohio v. Markale Lundy OPEN 10/27/2020 Proposition of Law No. II: Where the paper filings provide prima facie evidence that a defendant has satisfied Criminal Rule 33, a trial court must hold a hearing on whether the motion for leave was filed within the judicially-constructed “reasonable” time before denying leave
2020-1037 Julia M. Ostanek v. Gregory F. Ostanek OPEN 11/10/2020 Proposition of Law No. I Although Ohio Revised Code Section 3105.161(I) provides that property divisions in a domestic relations matter are not subject to further modifications with delineated exceptions, a trial court is not divested of subject-matter jurisdiction relative thereto and, if the trial court errs in violating or exceeding that limitation, the resulting order or judgment is, at most, voidable, not void ab initio.
2020-1032 Nell Lindsay v. City of Garfield Heights et al. OPEN
(Held)
11/10/2020 Proposition of Law No. I: A civil citation respondent must exhaust all administrative proceedings, including a review by the common pleas court of any administrative judgment or order as provided in R.C. Chapter 2506, before pursuing a judicial remedy, including a class action.
2020-1032 Nell Lindsay v. City of Garfield Heights et al. OPEN
(Held)
11/10/2020 Proposition of Law No. III: A court cannot certify a class composed of individuals who themselves would have no standing to pursue claims, who waived all defenses, and who were otherwise subject to res judicata where they knowingly and intentionally paid their citation, and otherwise decided not to request a hearing.
2020-1032 Nell Lindsay v. City of Garfield Heights et al. OPEN
(Held)
11/10/2020 Proposition of Law No. I.: Ohio municipalities have home-rule authority to establish civil camera enforcement administrative proceedings which include administrative hearings. Individuals who have declined to participate in the adequate remedy at law available to them in the available administrative hearing process have failed to exhaust their administrative remedies as a matter of law and are thereby precluded from seeking judicial remedy including claims for unjust enrichment. (Accord Walker v. Toledo, 143 Ohio St.3d 420, 2014-Ohio-5461, 39 N.E.3d 474)
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