Justia Ohio Supreme Court Opinion Summaries

After it was granted temporary custody of C.B. in a dependency proceeding, the county department of children and family services sought to be awarded permanent custody of the child. The juvenile court denied the motion, terminated the department's temporary custody of the child, and ordered that the child be placed with the father. The mother appealed that order, and the child's guardian ad litem (GAL) filed a cross-appeal, challenging the trial court's decision. The court of appeals dismissed the appeal, holding that there was no final, appealable order in this case. The GAL sought review, which the Supreme Court granted. The Court reversed and remanded the case, holding that when a trial court denies a children-services agency's motion to modify temporary custody to permanent custody, terminates the placement of temporary custody with the agency, and awards legal custody to a parent, the order is final and appealable under Ohio Rev. Code Ann 2505.02. Additionally, the Court found that there was no reasonable basis for the juvenile court to have appointed independent counsel separate from the GAL under the circumstances. View "In re C.B." on Justia Law

After being found guilty of domestic violence, appellant Mor Mbodji appealed, contending the trial court did not have jurisdiction because the domestic-violence complaint and affidavit filed by appellant's wife were not reviewed by a reviewing official pursuant to Ohio Rev. Code Ann. 2935.09. The court of appeals held the trial court had jurisdiction despite lack of review and later denied a motion for reconsideration. Appellant appealed. The Supreme Court affirmed, holding (1) a complaint that meets the requirements of Ohio R. Crim. P. 3 invokes the subject-matter jurisdiction of a trial court; (2) when a complaint and affidavit are signed by a private citizen but are not reviewed by a reviewing official before filing pursuant to Ohio Rev. Code Ann. 2935.09, the defect is not jurisdictional but may be the subject of a Ohio R. Crim. P. 12(C) motion before trial; and (3) because a Ohio R. Crim. P. 12(C) motion was not filed in this case, the procedural defect was waived by appellant. View "State v. Mbodji" on Justia Law

During the divorce proceedings of Jeffrey Kissinger and Beth Wilhelm-Kissinger, a dispute arose: Ms. Wilhelm-Kissinger allegedly illegally took privileged e-mail messages between Mr. Kissinger and his attorney from Mr. Kissinger's computer, and gave them to her attorney. Mr. Kissinger moved to disqualify Ms. WIlhelm-Kissinger's attorney. Ms. Wilhelm-Kissinger's attorney denied seeking or reviewing any of the messages in question. The trial court subsequently denied Mr. Kissinger's motion. Mr. Kissinger appealed, arguing that the denial of his motion to disqualify counsel is a final and appealable order. The appellate court found that the denial was not a final order that it could review. The Supreme Court agreed, finding that the denial of the motion to disqualify was not a final order. The Court affirmed the lower courts' judgments.

Appellants Jason and Christy Vaughn appeal the judgment against them from the Court of Appeals that dismissed their application for writ of habeas corpus to compel the biological father of their prospective adopted child to return custody of her. The appellate court dismissed Appellants' petition on the grounds that it "lacked jurisdiction over child custody decisions and proceedings" of the lower court. The Supreme Court found that the Court of Appeals indeed had general subject-matter jurisdiction over Appellants' habeas corpus petition, but still affirms its holding. The Court disagreed with the appellate court over the rationale for dismissing Appellants' petition. The Court found that dismissal of the habeas corpus petition was appropriate because Appellants did not comply with the pleading requirements in accordance with state procedure.