Latest 2 Cases: State ex rel. McDougald v. Greene (Criminal Law), State ex rel. Stuart v. Greene (Criminal Law)

What Happened in Kahler v. Kansas?

SHERRY F. COLB

Cornell law professor Sherry F. Colb describes how the U.S. Supreme Court purported to allow the state of Kansas to substitute one insanity defense for another, but in fact approved its abolishment of the insanity defense altogether. Colb explains the difference between the insanity defense—an affirmative defense to the commission of a crime—and facts that negate mens rea—the mental element of a crime. Colb also notes how in dissent, Justice Stephen Breyer made a case for veganism, albeit probably inadvertently.

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State ex rel. McDougald v. Greene

Citation: 2020-Ohio-3686

Opinion Date: July 14, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court denied Jerone McDougald's original action for a writ of mandamus to compel Larry Greene, the administrative assistance for the warden at the Southern Ohio Correctional Facility, to produce two public records and denied McDougald's request for an award of court costs and for statutory damages, holding that McDougald's request for a writ of mandamus was moot and that McDougald was not entitled to statutory damages. After McDougald filed his complaint for a writ of mandamus, Greene provided both documents to McDougald. Therefore, the Supreme Court dismissed the mandamus claim seeking those documents. The Supreme Court also denied McDougald's request for an award of statutory damages, holding (1) because McDougald did not deliver his two public-record requests by one of the qualifying statutory delivery methods, he was not entitled to an award of statutory damages; and (2) McDougald was not entitled to an award of court costs.

State ex rel. Stuart v. Greene

Citation: 2020-Ohio-3685

Opinion Date: July 14, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court denied Keontae Stuart's request for a writ of mandamus to compel Larry Greene, the public-records custodian for the Southern Ohio Correctional Facility, to provide Stuart with a document from his public-records request, holding that because Greene eventually did provide a redacted copy of the document to Stuart, this aspect of the case was moot. In his merit brief, Stuart did not challenge the propriety of the redactions but, instead, argued that he was entitled to statutory damages due to Greene's alleged failure to make the record available promptly. The Supreme Court denied Stuart's request for a writ of mandamus compelling the payment of statutory damages, holding that, as a pro se litigant, Stuart was ineligible for an award of attorney fees. The Court also granted Greene's request to keep the supplemental notice sealed to keep the information confidential.