Marianna’s popular blog Legally Speaking Ohio covered the following topics and issues:

• Merits decisions analyzed

• State v. Jones, Slip Opinion No. 2015-Ohio-483. Totality of the circumstances is the proper standard to determine whether probable cause exists to issue a search warrant.
• State v. Vanzandt, Slip Opinion No. 2015-Ohio-236. A record of conviction judicially sealed pursuant to statutory authority cannot be unsealed when none of the exceptions in the sealing statute apply.
• Cromer v. Children’s Hosp. Med. Ctr. of Akron, Slip Opinion No. 2015-Ohio-229. The foreseeability instruction given in this medical negligence case should not have been given, but was not prejudicial error.
• State v. Harris, Slip Opinion No. 2015-Ohio-166. When a defendant asserts, but then totally abandons, a mental-capacity defense, a psychologist’s testimony about the defendant’s feigned mental illness during the mental competency evaluation is inadmissible during the state’s case-in-chief, and the admission of such testimony in this case was prejudicial error.
• Hoyle v. DTJ Ents., Inc., Slip Opinion No. 2015-Ohio-843. A deliberate-intent-to-injure insurance policy exclusion precludes coverage for all employer intentional torts, including those at issue in this case.
• Oral argument previews and analysis
  • Jerry Dillon, et al. v. Farmers Insurance of Columbus, Inc., 2014-0451. Issue: whether R.C. 1345.81 of the Consumer Sales Practices Act (“CSPA”) can be applied to insurers of motor vehicles.
  • SRMOF 2009-1 Trust v. Shari Lewis et al, 2014-0485. Issue: whether a plaintiff in a foreclosure action must have an interest in both the note and mortgage to have standing and, if not, whether it is sufficient if the plaintiff has an interest in either the note or the mortgage.
  • State of Ohio v. Brandon Moore, 2014-0120. Issue: whether a juvenile non-homicide offender can be sentenced to a “de facto” life sentence.
  • State of Ohio v. Terrence Brown, 2014-0104. Issue: whether evidence obtained from a traffic stop made without statutory authority for a de minimis violation may be suppressed under Article I, Section 14 of the Ohio Constitution.
  • Wells Fargo Bank, N.A. v. Brian T. Horn, et. al., 2013-1534. Issue: whether Fed. Home Loan Mtge. Corp. v. Schwartzwald requires a plaintiff to attach evidence of standing to the complaint, or whether it is enough for the plaintiff to prove the standing alleged in the complaint through sufficient evidence provided at a later stage of the proceedings.

Marianna’s article, Ohio Joins the New Judicial Federalism Movement: A Little To-ing and a Little Fro-ing, 51 Clev. St. L. Rev. 491 (2004), was cited in Pierce J. Reed, Chief Justice Maureen O’Connor: A Legacy of Judicial Independence, 48 Akron L. Rev. 1 (2015); and Kathleen M. Trafford, City of Norwood v. Horney—Much More than Eminent Domain: A Forceful Affirmation of the Independent Authority of the Ohio Constitution and the Court’s Power to Enforce It, 48 Akron L. Rev. 35 (2015).

A posts from Marianna’s Legally Speaking Ohio blog was also cited:

• Much Ado About the Dealth Penalty (Apr. 24, 2014), in Pierce J. Reed, Chief Justice Maureen O’Connor: A Legacy of Judicial Independence, 48 Akron L. Rev. 1 (2015).