Whence Cometh Evil? Making Sense of Human Suffering and COVID-19

CHARLES E. BINKLEY

Surgeon and bioethicist Charles E. Binkley, MD, offers a perspective on how we might make sense of suffering, particularly in light of the present COVID-19 pandemic. Binkley suggests that through suffering, we are paradoxically able to find good, and in this instance, that good might be the practice of social reciprocity.

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State ex rel. Dobson v. Handwork

Citation: 2020-Ohio-1069

Opinion Date: March 26, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court granted Wood County Prosecuting Attorney Paul Dobson's request seeking a peremptory writ of prohibition against Judge Peter Handwork, who presided in two criminal cases finding Andrew Schuman guilty of seven felony counts and who later modified the judgment of sentence, holding that Judge Handwork patently and unambiguously lacked jurisdiction to issue the postjudgment orders. After entry of the judgment of sentence and Schuman's appeal was filed, Judge Handwork considered two motions filed by Schuman and issued two orders modifying the judgment of sentence. Dobson sought a writ of prohibition to vacate the post judgment orders and to prohibit any further exercise of jurisdiction by Judge Handwork. Because Judge Handwork did not file an answer, Dobson also filed a motion for default judgment. The Supreme Court granted the motion for default judgment and issued a peremptory writ of prohibition, holding that Handwork's absence of jurisdiction was patent and unambiguous.

State ex rel. Hibbler v. O'Neill

Citation: 2020-Ohio-1070

Opinion Date: March 26, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing as moot Appellant's complaint for writs of mandamus and procedendo against Clark County Court of Common Pleas Judge Richard J. O'Neill, holding that the court of appeals correctly determined that Appellant's claims were moot. Appellant was found guilty in consolidated cases of murder with a firearm specification and attempted aggravated burglary. Appellant later filed under both case numbers a motion to vacate his postrelease control and a motion for a final, appealable order. The trial court denied the motion for a final, appealable order and granted in part the motion to vacate postrelease control, but the judgment entry did not refer to the motions that Appellant had filed in one of the two cases. Appellant filed a complaint for writs of mandamus and procedendo, arguing that Judge O'Neill had not yet ruled on his motions. Judge O'Neill filed a motion to dismiss, attaching a nunc pro tunc sentencing entry in which the judge effectively denied Defendant's motion to vacate his postrelease-control sentence in the second case. The court of appeals dismissed the claims as moot. The Supreme Court affirmed, holding that Appellant's claims were moot.

State ex rel. Peoples v. Schneider

Citation: 2020-Ohio-1071

Opinion Date: March 26, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus, holding that Appellant's claim was barred by res judicata. Appellant was convicted of aggravated murder with two firearm specifications. The indictment had contained a count of having a weapon while under disability (WUD), but the court's sentencing entry did not refer to the WUD charge. Appellant later filed a motion for a final, appealable order, arguing that the sentencing entry was void because it failed to dispose of the WUD charge. The trial court denied the motion. Appellant then filed a complaint for a writ of mandamus arguing that the sentencing entry did not dispose of the WUD charge and was not a final, appealable order. The court of appeals dismissed the complaint because Appellant had an adequate remedy in the ordinary course of the law and because Appellant's claim was barred by res judicata. The Supreme Court affirmed, holding that res judicata barred Appellant's mandamus claim because he had raised the same claim multiple times previously.

State v. Boaston

Citation: 2020-Ohio-1061

Opinion Date: March 26, 2020

Judge: Donnelly

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals convicting Defendant of one count of murder in violation of Ohio Rev. Code 2903.02(A) and one count of murder in violation of Ohio Rev. Code 2903.02(B), holding that the trial court's admission of expert opinion testimony that was not set forth in a written report was harmless error. On appeal, Defendant argued that the state's failure to supply a written report providing the expert's opinions and scientific reasoning violated Crim.R. 16(K) and that the admission entitled him to a new trial. The court of appeals affirmed the convictions. The Supreme Court affirmed, holding (1) it is error to admit expert opinion testimony when the expert's opinion was not submitted in compliance with Crim.R. 16(K); but (2) in the instant case, the trial court's admission of testimony that went beyond the scope of the expert's written report was harmless error.