Latest 2 Cases: Bey v. Rasawehr (Civil Rights), State ex rel. King v. Fleegle (Criminal Law)

The Third-Party Doctrine vs. Katz v. Untied States

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes revising the third-party doctrine in a way that reconciles two of the U.S. Supreme Court’s decisions that some critics view as conflicting. Colb suggests that, contrary to what most critics argue and what she herself has long assumed, the prior decision, Katz v. United States rather than the later one, United States v. White, is the anomaly.

Read More

Bey v. Rasawehr

Citation: 2020-Ohio-3301

Opinion Date: June 16, 2020

Judge: Donnelly

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court held that a civil-stalking protection order enjoining future online postings about Plaintiffs imposed an unconstitutional prior restraint on protected speech in violation of the First Amendment. Plaintiffs each filed a petition for a civil-stalking protection order (CSPO) against Defendant. The trial court granted the petitions and issued CSPOs that, among other things, prohibited Defendant from posting about Plaintiffs on any social media service, website, or discussion board. The court of appeals affirmed. The Supreme Court reversed the court of appeals' judgment to the extent that it upheld the trial court's CSPOs enjoining future postings about Plaintiffs or postings that express, imply or suggest that Plaintiffs were culpable in the deaths of their husbands, holding that this portion of the CSPOs did not survive strict scrutiny.

State ex rel. King v. Fleegle

Citation: 2020-Ohio-3302

Opinion Date: June 16, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus against Muskingum County Court of Common Pleas Judge Mark Fleegle, holding that Appellant had an adequate remedy in the ordinary course of the law. Appellant, an inmate, filed a petition for a writ of mandamus seeking an order directing Judge Fleegle to "correct" his sentence. The court of appeals dismissed the petition for failure to state a claim. Appellant appealed, arguing that he met the elements for a writ of mandamus because his sentence was void and he had no adequate remedy at law. The Supreme Court affirmed, holding that Appellant had an adequate remedy by way of appeal to challenge any alleged sentencing error.