2023 Ohio 3863
Ohio2023Background
- Ohio Supreme Court issued a consolidated disposition (submitted Sept. 26, 2023; decided Oct. 26, 2023) of numerous appeals that had been held for the Court’s decision in State v. Hacker and State v. Simmons.
- The Court affirmed the judgments of many courts of appeals on the authority of State v. Hacker (slip opinion 2023-Ohio-2535), applying that decision to the listed cases.
- One additional appeal (State v. Haynes) was affirmed on the same authority with a partial dissent; several dozen other causes were dismissed as having been improvidently accepted (IOA).
- Multiple justices dissented from portions of the disposition, arguing some causes should be held for or briefed on the Court’s decision in State v. Guyton rather than dismissed.
- The opinion functions primarily as a procedural disposition list: affirmances on authority of Hacker, and dismissals as improvidently accepted for many other listed appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to affirm appellate judgments under State v. Hacker | State/appellees: apply Hacker to affirm lower-court rulings | Appellants: Hacker does not govern/apply to their case | Court: affirmed many judgments on authority of State v. Hacker |
| Whether to dismiss certain accepted appeals as improvidently accepted (IOA) | Petitioners sought plenary review | Court/others: review improvident or redundant | Court: dismissed numerous causes as IOA |
| Whether to hold additional causes for decision in State v. Guyton | Some justices/parties: hold for Guyton and order briefing | Majority: resolve/dismiss without holding | Court: majority declined to hold; several justices dissented wanting holds/briefing |
| How to dispose of specific mixed-result appeals (e.g., Haynes) | Proponent: affirm under Hacker | Opponent/concurring justice: would dismiss IOA instead of affirming | Court: affirmed on Hacker; at least one justice dissented and would dismiss |
Key Cases Cited
- State v. Hacker, 2023-Ohio-2535 (Ohio Supreme Court) (slip opinion relied upon as controlling authority for affirmances)
(Note: the disposition list primarily applies the Court’s slip opinion in State v. Hacker; several causes were dismissed as having been improvidently accepted, and multiple justices registered dissenting views about holding cases for further briefing in Guyton.)