What Else Might Senate Republicans Have Done, Given That They’re Too Scared to Do the Right Thing?

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan considers whether there is anything Senate Republicans might have done, instead of outright acquitting President Trump, to maintain the role of Congress as a coequal branch with the Executive. Buchanan proposes that under the text of the impeachment clauses, those Republican senators could have voted for removal—the necessary result of finding wrongdoing—but permitted Trump to run again in the election later this year.

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State ex rel. Jefferson v. Russo

Citation: 2020-Ohio-338

Opinion Date: February 5, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals granting summary judgment to Judge Joseph D. Russo and denying Sell Jefferson a writ of mandamus, holding that Jefferson's claims were barred by res judicata. In 1975, Jefferson was convicted of aggravated robbery and aggravated robbery and sentenced to life imprisonment. The Ohio Department of Rehabilitation and Correction was not notified of Jefferson's aggravated murder conviction and life sentence. As a result, the Adult Parole Authority granted Jefferson final release in 1982. In 1985, Jefferson was indicted for several felony counts. Jefferson was convicted and sentenced to a prison term, to be served concurrently with his 1975 sentence. Jefferson raised numerous challenges to his arrest and reincarceration in the 1975 case, without success. Jefferson then brought this proceeding, arguing that his due process rights were violated. The court of appeals concluded that the claims in Jefferson's complaint were barred by res judicata. The Supreme Court affirmed, holding that summary judgment was properly granted.

State ex rel. Newsome v. Hack

Citation: 2020-Ohio-336

Opinion Date: February 5, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court granted Relator's request for a writ of mandamus to compel Karla Hack, the former Marion County Court Reporter, to inform him of the fee for a copy of the transcript of his 2009 sentencing hearing, holding that Relator established all three requirements necessary to obtain a writ of mandamus. Relator, an inmate in the custody of the Ohio Department of Rehabilitation and Correction, filed a motion to compel the court reporter to produce a copy of the sentencing transcript and inform Relator of the fee for a copy of it. Relator then filed a motion to add the county court reporter's office and the current county court reporter as respondents, stating that Hack had retired and that he was unable to determine who the current court reporter was. The Supreme Court granted the motion and the writ, holding that Relator established that he was entitled to the writ.

City of Cleveland v. Ohio Bureau of Workers' Compensation

Citation: 2020-Ohio-337

Opinion Date: February 5, 2020

Judge: Maureen O'Connor

Areas of Law: Labor & Employment Law

In this dispute over which court has jurisdiction over an employer's claim against the Ohio Bureau of Workers' Compensation (BWC) for the reimbursement of alleged excessive premiums paid by the employer the Supreme Court held that the claim was a legal claim, not an equitable one, and therefore, the court of claims had exclusive jurisdiction over the case. The City of Cleveland filed a complaint in the Cuyahoga County Court of Common Pleas alleging that the BWC charged the City inflated premiums for workers' compensation insurance in order to make up for discounts the BWC provided other employers. The BWC filed a motion to dismiss, arguing that the common pleas court lacked subject matter jurisdiction over the lawsuit and that the court of claims had exclusive jurisdiction. The trial court denied the motion and granted partial summary judgment to the City. The court of appeals affirmed. The Supreme Court reversed, holding that the City's claim sounded in law and must proceed through the court of claims, which has exclusive jurisdiction over legal claims against the BWC.