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CNO Review November 2015 Edition

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CNO Review November 2015 Edition SEVENTH DISTRICT: Jury Should Determine if Christian Camp Body Cameras, Drones Present New Can Fire Employee for Moving In with Her Boyfriend (p.3) Challenges for Media and Courts (p. 4) November 2015 Author Recounts U.S. Supreme Court Justice Thurgood Marshall's PASSION FOR THE LAW 2 • NOVEMBER 2015 • CNO REVIEW About Court News Ohio Court News Ohio is a service of the Office of Public Information of the Supreme Court of Ohio and Ohio Government Telecommunications. the November Issue Court News Ohio includes a website Inside (courtnewsohio.gov), a monthly print publication (CNO Review), a television program (CNOTV), 3 Cases a Facebook page (facebook. Amendment to Wrongful Imprisonment com/courtnewsohio), a Twitter Statute Applies Retroactively feed (@courtnewsohio), and a YouTube channel (youtube.com/ CourtNewsOhioTV). 4 Happening Now Domestic Relations and Juvenile Forms Content is produced and edited Now Translated in Five Languages by the Public Information staff with video production assistance from the staff of Ohio Government Telecommunications. The views 6 Cover Story expressed in CNO content do Author Recounts U.S. Supreme not necessarily reflect those of Court Justice Thurgood Marshall’s the justices of the Supreme Court Passion for the Law of Ohio, and the justices do not exercise direct editorial control over the content. 8 On the Bench Mahoning County Judge and Community Submissions can be e-mailed to Partners Attend Program in Nation’s Capital [email protected] or sent through the U.S. mail to: 9 Rule Amendment Summary Court News Ohio Comments Requested for Proposal 65 S. Front Street to Repeal Traffic Rule 10th Floor Columbus, Ohio 43215 10 The Agenda A free monthly subscription to the Dec. 3: Judicial Candidates Seminar CNO Review can be requested by e-mail or U.S. mail, or by calling 614.387.9250. 12 Legislative Digest Compilation of Bills and Resolutions Introduced by the Ohio General Assembly facebook.com/courtnewsohio of Interest to the Judicial Community @courtnewsohio youtube.com/CourtNewsOhioTV CNO REVIEW • NOVEMBER 2015 • 3 Visit courtnewsohio.gov for the most current decisions from the Ohio Supreme Court, Courts of Appeals, and Cases Court of Claims. Supreme Court of Ohio one man and attempting to murder Courts of Appeals six other people in Springfield. The Amendment to Wrongful Court affirmed Dean’s convictions Seventh District: Jury Should Imprisonment Statute Applies and imposition of the death penalty Determine if Christian Camp Can Retroactively on Oct. 27. Dean was indicted on Fire Employee for Moving In with two counts of aggravated murder, A Hocking County man released from Her Boyfriend six counts of attempted murder, and prison after spending six years on death several other crimes, including firearm A jury should consider whether the row had his hopes of being declared specifications. The jury convicted Dean leaders of a Christian youth leadership wrongfully imprisoned revived by on all charges, and the court imposed development program and sports camp the Supreme Court on Oct. 28. Dale the death penalty. However, on appeal, broke a promise by firing an employee Johnston, who was convicted in 1984 the Supreme Court concluded in 2010 after she and her boyfriend moved in for the murders of his stepdaughter that he did not receive a fair trial from together, the Seventh District Court and her fiancé, seeks compensation an impartial judge, and the Court of Appeals ruled on Oct. 2. The court from the state for his imprisonment. On reversed the decision and ordered a reversed a Jefferson County Common behalf of a unanimous Court, Justice new trial. At that trial, a second jury Pleas Court decision finding that Terrence O’Donnell wrote that a 2003 found Dean guilty on all charges, and Brightway Center, Inc. was within its right amendment to the state’s wrongful he was sentenced to death. On Oct. 27, to terminate Jennifer Trehar after her imprisonment law expanding the the Court reviewed and rejected each of boyfriend moved in with her because it definition of a wrongfully imprisoned the 15 arguments presented in Dean’s objected on religious grounds. Writing individual applies retroactively, thus appeal. Writing for the Court, Justice for the appellate court, Judge Gene allowing claims to be brought based Judith Ann Lanzinger reviewed the Donofrio wrote that while Ohio is an on procedural errors made after errors Dean claimed occurred at trial “at-will” employment state that allows a sentencing even though an earlier because of the admission of irrelevant job to be terminated for any reason not wrongful imprisonment claim asserting evidence. But given the extensive contrary to law, promissory estoppel is actual innocence had been rejected. evidence of Dean’s guilt, the impact of an exception to the rule. In Trehar’s Johnston’s convictions were overturned any irrelevant evidence was minimal case, Judge Donofrio noted that clear after he went to prison because the and did not affect the outcome of the promises can either be statements that state failed to disclose some potentially trial, the Court concluded. Justice were made or silence when the person important evidence to the defense and Lanzinger also addressed a claim ought to speak out. He ruled that because witness testimony refreshed by that the jury received an improper there is evidence that Brightway Chief hypnosis was improperly admitted. The instruction about “transferred intent” Executive Officer Daryle Griffin should Court ruled that Johnston was permitted related to the attempted murders of have spoken up when information to file a second claim for wrongful those who were not injured. The jury was presented and “his silence can be imprisonment because the 2003 asked the court during deliberations construed as a promise that no adverse amendment applies retroactively and whether it mattered if the victims were employment action would come as a he was able to show a post-sentencing the intended target. “We hold that that result of her move.” The Seventh District procedural error. The decision reverses the doctrine of transferred intent was cautioned that by remanding the case to the Tenth District Court of Appeals’ properly applied to the attempted- the trial court, it was not indicating that judgment on that issue, but the case murder charges,” Justice Lanzinger Trehar proved Brightway promised not to now returns to the appeals court wrote. “Attempted murder, like murder, fire her for moving in with her boyfriend. for review of the state’s other legal requires a purpose to kill. The victims Trehar v. Brightway Ctr. arguments that had been declared moot of the transferred intent are readily 2015-Ohio-4144 by that court. identifiable because they were standing Johnston v. State on the porch or seated in the front Slip Opinion No. 2015-Ohio-4437 seat of the car. A showing of harm is unnecessary since the ‘intent is what is transferred, not the harm.’ … Thus, we Springfield Man’s Convictions and hold that the trial court’s instruction Death Sentence Upheld was proper.” After a four-day crime spree in 2005, State v. Dean Jason Dean was convicted of killing Slip Opinion No. 2015-Ohio-4347 4 • NOVEMBER 2015 • CNO REVIEW Domestic Relations and Juvenile Forms Now Translated in Five News and Notes from Courthouses Across the Buckeye State Languages To benefit limited English proficient Body Cameras, Drones Present New Ohioans, the Supreme Court translated more than two dozen Challenges for Media and Courts domestic relations and juvenile forms he rapidly growing public and media interest in newsworthy events in five additional languages. The captured by drone aircraft and police-worn body cameras comes as translated forms allow parties to have policy makers, courts, and the press hash out the legal and ethical a better understanding of court cases issues involved with new technology, said experts in the field talking to involving children and families. T a gathering of Ohio legal and media professionals on Oct. 16. Besides English, the forms are Nearly 80 percent of the nation’s police agencies are considering using body now available in the most-used cameras, including many in Ohio. State lawmakers and local law enforcement languages in Ohio, including agencies are starting to deal with issues such as access to the footage, protecting Spanish, Russian, French, Chinese, privacy rights of those recorded, and how police departments will organize and Arabic. When individuals need and retain the footage, said Jonathan Peters, chairman of the Ohio State Bar a domestic relation form in one of Association (OSBA) Media Law Committee as he led a session to kick off the these languages, they can click on OSBA’s 2015 Law & Media Conference. “Select Another Language” on the Former Ohio Department of Rehabilitation and Correction Director forms page (sc.ohio.gov/JCS/CFC/ Reginald Wilkinson reminded the group that body cams are just the DRForms). There, they will find both latest iteration of law enforcement video use, and the science and policies a Word document and PDF file in the surrounding best use of the technology will evolve with time. Wilkinson, now a languages. consultant with his own firm, Connecting the Dots, LLC, was named to lead a Stephanie Graubner Nelson, the panel by Ohio Attorney General Mike DeWine on law enforcement training that Supreme Court’s Children & Families was assembled in response to recent officer-involved shootings in the state. Section manager, said having the Wilkinson said public demand for body cams is borne for a need to improve forms translated into different police interactions with the community and build trust. He cautioned that while languages allows all courts across the video from stationary sources has been helpful, including solving the Boston state to use the same standardized Marathon bombings, all video has its shortcomings and hashing out how it will forms for those who don’t speak be most effective from the law enforcement and public’s point of view will take English as their first language.
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