Marianna’s February and March posts on her popular blog Legally Speaking Ohio, covered the following topics and issues:
- Oral argument previews and analyses of oral arguments
- Proper consideration of a Marine’s service-related post traumatic stress disorder in criminal sentencing.
- Proper use of a psychologist’s testimony about a defendant’s feigned mental illness based on statements made during a competence and sanity evaluation.
- Can a landlord be held liable for faulty wiring in a concealed area and, if so, whether the punitive damage cap applies to any punitive damage award?
- The scope of respondeat superior liability of a broker for the intentionally tortious conduct of a “rogue” associated sales agent.
- Can a defendant bring a lack of standing challenge in a foreclosure action in a post-judgment motion without having appealed the judgment?
- Merit Decisions
- Daniel v. Daniel, Slip Opinion No. 2014-Ohio-1161. Unvested military retirement benefits are marital property subject to division in a divorce.
- State v. Long, Slip Opinion No. 2014-Ohio-849. A trial court must consider youth as a mitigating factor in imposing a sentence of life without parole on a juvenile offender, and has considerable discretion in the weight the factor of youth deserves.
- Fraley v. Estate of Oeding, Slip Opinion No. 2014-Ohio-452. Ohio courts cannot exercise personal jurisdiction over a nonresident based solely on the conduct of the nonresident’s insurance company.
- Mann v. Northgate Investors, L.L.C., Slip Opinion No. 2014-Ohio-455. A landlord owes a statutory duty to tenants’ guests under Ohio’s Landlord Tenant Law to keep common areas safe. A breach of the provision requiring the landlord to keep the premises in a safe and sanitary condition constitutes negligence per se.
In her monthly column, Legally Speaking, in the American Isrealite, Marianna published The Firing on an Eight Grade Public School Science Teacher in February, and Responsibility for a Roque
Marianna, along with several of her colleagues, participated in UC Law’s scond annual Downtown Teach-in, where she presented on “Top Ten Cases of 2013 from the Surpeme Court of Ohio.”
For this year’s Judge-in-Residence program, which Marianna runs, she brought to campus the Hon. Christine Durham, Chief Justice of the Utah Supreme Court.