De Facto Strict Liability for Cannabis-Using Drivers

The Ohio Supreme Court recently decided in State v. Balmert that a driver who tested above the legal limit for marijuana was liable for aggravated vehicular assault under Ohio Revised Code 2903.08(A)(1)(a) when he hit a highway patrol officer with his car. Balmert highlights a growing legal tension between per se drug-concentration statutes and traditional […]

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Ohio Court Declares Firearm Specification Statute Creates Double Jeopardy Issue

In December, a Lorain County judge ruled in State v. Stewart that a provision of Ohio’s firearm specification statute is unconstitutional for violating the double jeopardy clause of the Ohio and U.S. Constitutions. It will almost certainly see review by the Ohio Supreme Court, particularly in light of last month’s U.S. Supreme Court ruling in

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Ohio Supreme Court to hear arguments in challenge to medical malpractice damages cap

The Ohio Supreme Court hears oral arguments Tuesday concerning the application of the state’s 2003 medical malpractice tort reform law in Paganini v. Cataract Eye Center of Cleveland — a matter of first impression expected to be widely watched by plaintiff and defense attorneys alike. After denying the plaintiff’s motion to dismiss the appeal, the

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Ohio Veteran, 94, Challenges Law Limiting Recovery for Those Injured by Medical Malpractice

The Ohio Supreme Court is poised to consider if a 2003 law designed to reduce the cost of medical malpractice insurance can bar a 94-year-old Marine veteran from taking home the entirety of his $1.5 million jury award. After John Paganini, of Mentor, lost an eye due to an ophthalmologist’s error following routine cataract surgery,

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State Receives More Opportunities for Review Than Defendants, According to Data

For criminal defendants seeking another review of their case by the Ohio Supreme Court, their odds are slim – so long as the Court’s current trends continue. From January to October of this year, of the 26 criminal cases the state’s highest court agreed to review on appeal, nearly 80% were brought by state prosecutors,

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How Much Wiggle Room Do Ohio Officers Have to Search Your Car? Ohio Supreme Court Declines Chance to Clarify

In August, the Ohio Supreme Court declined to review two cases addressing claims of Fourth Amendment violations stemming from a February 2024 traffic stop. In each instance, only Justice Jennifer Brunner dissented, voting to review the case and offering concern for the potential narrowing of constitutional protections against unreasonable searches. Through changing times, the public

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Coming Soon: Ohio Innocence Watch

Ohio Court Watch is proud to announce that we will soon be launching Ohio Innocence Watch — a dedicated public resource tracking all active innocence claims being litigated across Ohio, at both trial and appellate court levels. Our sister site will provide: Ohio Innocence Watch will serve as a centralized hub for journalists, attorneys, students,

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Change of Plea and the Boundaries of Discretion: The Ohio Supreme Court Declines Review

On September 16, 2025, the Ohio Supreme Court declined to review State v. Shepherd, a case addressing a change of plea. Only Justice Patrick Fischer dissented. When a defendant pleads guilty to criminal charges, Ohio’s Rules of Criminal Procedure allow a defendant to seek the withdrawal of their plea either before or after a judge

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Ohio Supreme Court Rejects Appeal Concerning Potentially Biased Juror

In a 6-1 decision, the Supreme Court of Ohio recently declined to review State v. Joseph, a case that raised issues of juror bias during a controversial trial in Springfield, Ohio. On August 22, 2023, a tragic accident occurred when a school bus was struck by a vehicle driven by Hermanio Joseph, a Haitian immigrant.

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Did He Know She Couldn’t Consent? The Question that Overturned a Conviction

A recent Eighth District decision overturning a rape conviction raises fundamental questions about how Ohio law defines consent when victims are impaired. Under the governing statute, prosecutors must prove that a defendant knew or had reasonable cause to believe the victim’s ability to resist or consent was substantially impaired because of a mental or physical

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