08/18/2022

Case Caption Case No. Topics and Issues Author Citation
State v. Whitaker 2019-1482Criminal law—Aggravated murder—Death penalty—A house not maintained as a permanent or temporary dwelling is not an occupied structure for purposes of conviction of aggravated burglary—R.C. 2911.11—R.C. 2909.01(C)(1)—Aggravated-burglary conviction and finding of guilt on count of felony murder during an aggravated burglary vacated for lack of sufficient evidence—Judgment on death-penalty specifications for felony murder predicated on aggravated burglary reversed and specification dismissed—Consideration of aggravated burglary as an aggravating circumstance during mitigation phase constituted harmless error because other death-penalty specifications remained valid and other aggravating circumstances outweighed mitigating factors beyond a reasonable doubt—Judgment affirmed in part, vacated in part, and reversed in part and cause remanded—Death sentence affirmed.Fischer, J.Slip Opinion No. 2022-Ohio-2840
State ex rel. Anderson v. Chambers-Smith 2021-1427Mandamus—Appellant’s complaint to compel Ohio Department of Rehabilitation and Correction to correct records pertaining to him failed to identify any error within the records themselves—Court of appeals also did not err in concluding that appellant has no clear right to be released under R.C. 2967.15(B)—Court of appeals’ denial of writ affirmed.Per CuriamSlip Opinion No. 2022-Ohio-2844
08/18/2022 Case Announcements  Merit decisions with opinions—Affidavits of disqualification—Motion and procedural rulings.  
State ex rel. Cunnane v. LaRose 2022-0918Elections—Mandamus—Independent candidates for office—Following prospective candidates’ declarations that they were not affiliated with any political party, candidates each cast a partisan ballot in Ohio’s May 2022 primary election, prompting the Ohio secretary of state to reject their joint nominating petition—Candidates did not show by clear and convincing evidence that they have a legal right to appear on the November 2022 general-election ballot as independent candidates or that the secretary of state has an obligation to certify their names to the ballot—Writ denied.Per CuriamSlip Opinion No. 2022-Ohio-2875
08/18/2022 Case Announcements #2  Merit decisions with opinions.