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"Two Recent Ohio Supreme Court Rulings"

State Must Prove That Presence of Alternate Juror During Deliberations Did Not Prejudice Defendant

When Defendant Enters Objection, Seeks New Trial

 

From the site: "2009-0886.  State v. Downour, Slip Opinion No. 2010-Ohio-4503.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-4503.pdf

View oral argument video of this case.

 

...The Supreme Court of Ohio ruled 6-0 today that, when a trial court permits an alternate juror to be present during deliberations by seated jury members over the objection of the defendant, the jury returns a verdict adverse to the defendant, and the defendant moves for a new trial based on the presence of the alternate juror, the state bears the burden of proving that the presence of the alternate juror during deliberations did not result in prejudice to the defendant..."

 

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Insurance Company Liquidation Statute Does Not Authorize Interest to Preferred Claimants, Creditors

When Funds Remain After Principal of Company's Debts Has Been Repaid

 

From the site: "2009-1816.  Hudson v. Petrosurance, Inc., Slip Opinion No. 2010-Ohio-4505.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-4505.pdf

View oral argument video of this case.

 

...The Supreme Court of Ohio held unanimously today that the Ohio statutes governing liquidation of an insolvent insurance company do not authorize the Superintendent of Insurance to pay interest to an insurer's creditors and other preferred claimants on allowed claims before paying the funds remaining in the estate to the insurer's shareholders...."

 

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Source: The Supreme Court of Ohio, 29 September 2010

Full post as published by Stark County Law Library Blawg on September 30, 2010 (boomark / email).