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Full-Text Articles in Law
Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira
Cleveland State Law Review
Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Cleveland State Law Review
This note will focus on the law of res judicata as applied by the state courts of Ohio regarding decisions handed down by Ohio's administrative agencies. While there exists a body of law on the federal level pertaining to administrative res judicata, which appears to be well settled, the Ohio Supreme Court has not yet ruled on whether the decision of an administrative body will have res judicata effect in a subsequent action in an Ohio state court. This note will suggest that Ohio courts should reject administrative res judicata where its effect would be to bind the state courts …
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
Cleveland State Law Review
The Supreme Court of Ohio recently completed revision of its Rules of Practice. They became effective on July 1, 1964. Three subjects coming within the inherent power and within the constitutional and statutory jurisdiction of the Court are contained in the revision; that is, procedures for presenting cases in which the Court has original jurisdiction, cases which come within its appellate and revisory jurisdiction as provided in each case by the Constitution and Statutes of Ohio (Article IV, Sections 2 and 6), and admission to the practice of the law in Ohio and disciplinary procedures for members of the bar …