Hard Cases

JOSEPH MARGULIES

Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.

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State v. McFarland

Citation: 2020-Ohio-3343

Opinion Date: June 18, 2020

Judge: Sharon L. Kennedy

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's convictions on charges relating to the murder of Robert Williams, holding that there was sufficient evidence to support the convictions. Defendant was convicted and sentenced for aggravated murder, conspiracy, aggravated burglary, and kidnapping. At issue on appeal was whether there was sufficient evidence to support the jury's verdicts that Defendant, who did pull the trigger killing Williams, had conspired to murder Williams and had been complicit in the acts leading to his death. The Supreme Court concluded that the verdicts were based upon sufficient evidence, holding that the evidence of Defendant's involvement in the crimes associated with the killing of Williams was sufficient to find her guilty of the crimes.

Torres Friedenberg v. Friedenberg

Citation: 2020-Ohio-3345

Opinion Date: June 18, 2020

Judge: Judith L. French

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the court of common pleas, domestic relations division, ordering the release, subject to a protective order, of the mental-health records of Mother, holding that the physician-patient privilege did not shield the records from discovery. During the parties' divorce proceedings, both parties sought custody of their four children. During discovery, Father issued subpoenas for Mother's mental health records to various doctors and mental-health provisions. The trial court ordered that the subpoenaed records be submitted under seal to the court for an in camera determination of their relevance. After in camera review, the trial judge concluded that Mother's requests for child custody and spousal support put her physical and mental conditions at issue and waived the physician-patient privilege. The court then ordered the release of the mental-health records, subject to a protective order. The court of appeals affirmed. The Supreme Court affirmed, holding that while communications between a physician and patient are generally privileged, Mother's filing of this divorce action, with claims for child custody and spousal support, triggered the Ohio Rev. Code 2317.02(B)(1)(a)(iii) exception to the privilege.