Posted in Uncategorized on May 14th, 2014
Oaktree Condominium Association v. Hallmark Building Company, 2014-Ohio-1937. Construction statute of repose, codified in R.C. 2305.131,is unconstitutional as applied to plaintiff who filed a claim for damages after the statute’s effective date but plaintiff’s claim arose before the effective date. Application of the statute of repose to bar plaintiff’s lawsuit violates the Ohio Constitution, Article […]
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Posted in Uncategorized on Oct 8th, 2013
Oaktree Condominium Association v. Hallmark Building Company, 2012-1722. Docket Oral argument, Oct. 9, 2013. Whether Ohio’s construction statute of repose, codified in R.C. 2305.131, bars plaintiff from pursuing a substantive, vested right in violation of the Ohio Constitution, Article II, Section 28 (retroactivity provision) when the plaintiff filed a claim for damages after the statute’s […]
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Posted in Uncategorized on Sep 30th, 2013
The Ohio Supreme Court applied the Ohio Constitution’s retroactivity provision, Article II, Section 28, Ohio Constitution, to determine whether an amendment to the prejudgment interest statute in 2004 applied to a cause of action accruing in 2002, filed and dismissed without prejudice in 2003, and then refiled in 2008. The court held that, “Because the […]
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Posted in Uncategorized on Dec 24th, 2012
State v Roberts, 2012 -Ohio- 5684, 12/6/12, The obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective date. Applying the statute to evidence in possession of the government does not amount to […]
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Posted in Uncategorized on Dec 6th, 2012
In re Bruce S., 2012-Ohio-5696 Senate Bill 10’s (Ohio’s Adam Walsh Act) classification, registration, and community-notification provisions cannot be constitutionally applied to a sex offender who committed his sex offense between July 1, 2007, and December 31, 2007, the last day before January 1, 2008, the effective date of S.B 10’s classification, registration, and community-notification […]
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Posted in Uncategorized on Jun 14th, 2012
Latest Ohio Supreme Court case: State v. Maxwell D. White, (June 14, 2012), 2012-Ohio-2583, Case No. 2009-1661. A 2005 law, allowing death penalty defendants whose sentence was overturned to be resentenced to death, does not violate the Ohio Constitution’s retroactivity provisions when applied to defendants sentenced to death on or before March 23, 2005. […]
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