Marianna delivered presentations to the Ohio Judicial Conference in Columbus and to a College of Law alumni group concerning the most important cases from the last term of the Supreme Court of Ohio. She also gave a presentation to the members of Congregation Agudas Achim in Columbus about her life in the law, in memory of the life of Columbus attorney Ruth Freed, at in invitation of former Ohio state solicitor Alexandra Schimmer.

Marianna arranged and moderated the Harris Distinguished Practitioner Paula Boggs Muething (’03), then General Counsel and Vice President, Community Revitalization, of the Greater Cincinnati Port Authority.

She also attended the 25th anniversary celebration of the Ohio Innocence Project, and the press conference for exoneree Ricky Jackson, and did a week-long tour of Cuba over the winter break.

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

• Merit Decisions Analyses:
  • Pixley v. Pro-Pak Industries, Inc., Slip Opinion No. 2014-Ohio-5460. There was no genuine issue of material fact of deliberate intent to injure in this employer intentional tort case.
  • State v. Herring, Slip Opinion No. 2014-Ohio-5228. The court granted Herring’s petition for post-conviction relief in this death penalty case on the grounds of ineffective assistance of counsel in failing to properly prepare the mitigation phase of the proceedings.
  • State v. Johnson, Slip Opinion No. 2014-Ohio-5021. The good-faith exception to the exclusionary rule precluded suppression of evidence obtained from a GPS placed under the defendant’s car without a warrant.
  • State v. Hoffman, Slip Opinion No. 2014-Ohio-4795. Arrest warrants issued in this case were invalid because they were issued without a determination of probable cause, but suppression of the evidence was not required because the police officers relied in good faith on the longstanding, appellate-court-validated, but now expressly disavowed procedures then used in the Toledo Municipal Court.
  • State ex rel. Yeaples v. Gall, Slip Opinion No. 2014-Ohio-4724. The court resolved a venue dispute, but ducked the major underlying issue in the case, which was whether a substantial certainty workplace intentional tort can be brought against a fellow-employee.
  • Schill v. Cincinnati Ins. Co., Slip Opinion No. 2014-Ohio-4527. Domicile means the place where a person resides, intends to remain, and to return when away temporarily.
  • Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. A Civ. R. 60(B) motion cannot be used as a substitute for an appeal on the issue of standing in a foreclosure action, and cannot be used to collaterally attack the judgment.
  • State v. Quarterman, 2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous opinion, the court did not decide the constitutional question because of Quarterman’s failure to raise the issue below or demonstrate plain error. The court expressed no opinion on the constitutionality of the challenged statutes.
  • Cedar Fair, L.P. v. Falfas, 2014-Ohio-3943. An arbitration panel exceeded its authority in awarding reinstatement as a remedy for a terminated Chief Operating Officer.
  • Hauser v. Dayton Police Dept., 2014-Ohio-3636. A political subdivision supervisory employee is immune from liability in an employment discrimination claim brought by a departmental underling.
  • Auer v. Paliath, 2014-Ohio-3632. The question of the vicarious liability of a real estate broker for the intentional misconduct of an agent is one of fact, not law.
• Oral argument previews and analyses of oral arguments
  • Hope Academy Broadway Campus, et. al. v. White Hat Management, LLC, et. al., 2013-2050. The central issue in this case is whether charter schools or the private education management-company defendants own the school property purchased with taxpayer dollars.

Several posts on Marianna’s Legally Speaking Ohio blog were cited:

• “Merit Decision: Court Nixes Non-Testifying Child’s Statement to Teacher about Abuse. Strong Dissent by Chief Justice O’Connor, who Invites U.S. Supreme Court Review. State v. Clark” (Nov. 5, 2013), in Laura E. Waymire, Recent Case, State v. Clark, 40 Ohio N.U. L. Rev. 987 (2014).

• “What’s on Their Minds: Grab a Student and Get Immunity? Matthew Ries, Admr. et al. v. The Ohio State University Medical Center” (Apr. 15, 2013), in Keri McClure, Recent Case, Ries v. Ohio State Univ. Med. Ctr., 40 Ohio N.U. L. Rev. 945 (2014).
• “Merit Decision: Court Smacks Freddie Mac in Home Foreclosure Case. Federal Home Loan Mortgage Corp. v. Schwartzwald” (Oct. 31, 2012), in Jennifer Dollard, Comment, Unintended Effects and Inadequate Consumer Benefit: Analyzing Federal Home Loan Mortgage Corp. v. Schwartzwald, 82 U. Cin. L. Rev. 1247 (2014).

In her monthly column in The American Israelite, Marianna published

• The Death Penalty and Elected Judges

• The Good-Faith Exception to the Warrant Requirement

• Home is where the heart is, and the rest of you needs to be there, too

• Dividing unvested retirement benefits upon divorce

• What happens when an owner doesn’t pay contractors?

• Sentencing Military Veterans