|
|
Two judges from appellate courts throughout the state served as visiting judges on the Supreme Court of Ohio today hearing oral arguments in four cases. The judges were selected by Chief Justice Thomas J. Moyer to sit in place of Justice Alice Robie Resnick who recused herself from the four cases.
Sitting on the Court today were Judge William H. Harsha of the 4th District Court of Appeals and Judge Richard M. Rogers of the 3rd District Court of Appeals.
Judge Harsha heard oral arguments in State v. Oliver, (Case No. 2005-1967), Harry Gehm v. Timberline Post & Frame v. Westfield Insurance Co., (Case Nos. 2005-2137 & 2005-2384), and State v. Buehler, (Case No. 2005-2336) .
State v. Oliver examines whether Cleveland Police officers were justified in forcing entry into Terry Oliver's home after knocking and announcing they had a warrant to search the premises. Gehm v. Timberline Post & Frame questions whether the request to intervene in third-party litigation made by Westfield Insurance Company was a final and appealable order after the grant was denied by a trial court. State v. Buehler examines an appeal concerning convicted defendant, Paul Buehler, regarding his involvement in a 1985 robbery and murder. Buehler made a request for DNA testing in 2004, which was subsequently denied. Buehler is currently appealing the aforementioned ruling, citing three assignments of error.
Judge Rogers heard oral argument in State v. Dillion, (Case No. 2005-2350). The case examines whether a prisoner's “actual knowledge” of an indictment on new charges against him relieves the state from serving the inmate with written notice of the indictment and prevents the running of the 180-day speedy trial time limit.
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have these judges join us today,” Chief Justice Moyer said. “Their participation provides the parties in the case with a court of seven justices despite the recusal of Justice Resnick.”
Archived video of cases argued before the Supreme Court of Ohio since March 2004 are available at: www.supremecourtofohio.gov/videostream.
For a high-resolution, publication-quality photo of Judge Harsha, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/harsha_highres.zip.
For a high-resolution, publication-quality photo of Judge Rogers, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/rogers_highres.zip.
Contact: Andrea M. Strle at 614.387.9250.