Transcript Ohio Public Domain Cite - Cleveland

Ohio Public Domain Cite
By
Sue Altmeyer
For Prof. Mika’s Legal Writing
Class
March 24 & 25, 2009
Cleveland Marshall’s Ohio Legal
Research Guide
• http://www.law.csuohio.edu/lawlibrary/reso
urces/lawpubs/ohio/Courts.html#findcase
• See sections re. Ohio Official Reports,
Reported v. Unreported Cases, Web Cite
Before May 2002
• The weight accorded to reported vs.
unreported opinions was different
• Reported opinions are those published in
print Official Reporters
What are Ohio Official Reports?
• Ohio State Reports, also 2d & 3d series
– All Ohio Supreme Court Cases
• Ohio Appellate Reports, also 2d & 3d –
Selected Appellate Cases
• Ohio Miscellaneous Reports, also 2d
series - Selected Trial court cases –
Before May 1, 2002
Published Opinions:
• controlling authority in the district
• Always can cite
– persuasive to other districts
Rules for the Reporting of Opinions, Rule 4
Unpublished opinions – before May
2002
• Controlling only as to the parties.
• Can only be cited
– As authority between parties
– In the district it was rendered, persuasive only
– By appellate court of another district to certify
question to Ohio Supreme Court
Rules for the Reporting of Opinions, Rule 4
Rationale for Old Rule
-In the past, impossible to
physically print all appellate
decisions
-Computerized legal research
not accessible to all, although
more accessible over time
Changes as of May 1, 2002
•
Distinctions between, “controlling” and
“persuasive” opinions based merely upon
whether published abolished.
Rules for the Reporting of Opinions, Rule 4
Changes as of May 1, 2002
• Court of appeals opinions issued after May
1, 2002 may be cited as legal authority
and weighted as deemed appropriate by
the courts.
Rules for the Reporting of Opinions, Rule 4
Rationale for New Rule
(a) many appellate judges give equal weight
to published and unpublished opinions
(b) technology now permits all appellate
opinions to be easily and readily
obtained electronically.
See commentary to Rule 4
All Opinions post 5/2002
Controlling in the District?
Maybe yes …..
• comments to Rule 4 "The Committee
recognized the concern that with the
designations abolished, and all appellate
opinions are "controlling," there is some
burden on the practitioner …”
• All opinions are published on the web
All Opinions post 5/2002
Controlling in the District?
Maybe no ….
Rule 4: "All court of appeals opinions issued
after the effective date of these rules may
be cited as legal authority and weighted
as deemed appropriate by the courts. "
Another Rule Change as of May 1,
2002
Ohio Supreme Court posted to its website:
• all Ohio Supreme Court cases
• all appellate court cases and
• trial court opinions reported in Ohio
Miscellaneous reports.
See Rules for the Reporting of Opinions, Rule 9,
10 .
Web Cite
• Cases posted assigned a "web cite“ =
"public domain cite"
2002-Ohio-2220
• first number =year case decided
• last number = unique number for that
case.
Citation format
• Cases decided after May 1, 2002 must
use web cite, and Official Reporter cite.
Revisions to Manual of Citations,
Bluebook p. 226
• Bonacorsi v. Wheeling & Lake Erie Ry.
Co., 95 Ohio St.3d 314, 2002-Ohio-2220,
767 N.E.2d 707
• Brown v. McClain Constr. Co., 3d Dist. No.
16-01-19, 2002-Ohio-2834
Citation format
Web cite not available, and case is reported:
Mers v. Dispatch Printing Co. (1985), 19
Ohio St.3d 100, 483 N.E.2d 150.
Citation Format
Web cite not available and case not
published :
• Jones v. Brown (Apr. 4, 1998), 8th Dist.
No. 18220, or Jones v. Brown (Apr. 4,
1998), Cuyahoga App. No. 18220
Paragraph Citations
• Opinions after May 1, 2002 have
paragraph numbers assigned to each
paragraph
• Make pinpoint citing identical no matter
what source the case is from – the web,
Lexis, Westlaw, etc.
Paragraph Citations
• Bonacorsi v. Wheeling & Lake Erie Ry.
Co., 95 Ohio St.3d 314, 2002-Ohio-2220,
767 N.E.2d 707, at ¶15.
• State v. LaMar, 95 Ohio St.3d 181, 2002Ohio-2128, 767 N.E.2d 166, ¶17-21
• No need for pinpoint page cites
• Consult Supreme Court's website for
official paragraph numbers. Paragraphs
numbered in "slip opinions" issued by
courts of appeals and trial courts may be
changed by the Reporter’s Office.
Older Pinpoint Cites
• OLD WAY: State v. Williams (1997), 79
Ohio St.3d 1, 17, 679 N.E.2d 646, 660
• NEW WAY: State v. Williams (1997), 79
Ohio St.3d 1, 17, 679 N.E.2d 646
• Don’t need page cite in the parallel citation
Bluebook v. Ohio Manual of
Citations
• Bluebook page 27: State courts
promulgate local citation rules which take
precedence over Bluebook rules
• Bluebook page 39: Lists Ohio Supreme
Court Manual of Citations and Revisions to
Manual of Citations
• Some law firms/federal judges insist on
Bluebook form
Finding Cases with the Web Cite
• Ohio Supreme Court’s webpage – must
type in dashes 2007-Ohio-5743
• Lexis and Westlaw recognize
• Casemaker & Fastcase recognize
Ohio Supreme Court Search v.
Westlaw & Lexis
• Ohio Supreme Court’s webpage
• Opinions & Announcements
• Better search – at bottom of Supreme
Court’s page – Search- Advanced Search
• A google search – missing search field
searching, boolean etc.
Ohio Supreme Ct v. Lexis & WL
• Ohio Supreme Court’s webpage
• Try search – drug and dog; exact phrase =
drug dog or drug sniffing dog
• Westlaw – drug /5 dog or canine, locate /s qualifi! Or reliab!
• No headnotes on Ohio Supreme Court
cases
Finding older unreporteds
•
•
•
•
Lexis and Westlaw – back to late 70s
Casemaker – back to 1981
Fastcase – starts 2000
Court websites – vary by court, approx mid
1990s
Public Domain Cites in Other
States?
• Current List on ABA Technology Resource
Center
• Neutral Citation, Court Web Sites and
Access to Authoritative Case Law, Peter
W. Martin, Law Library Journal, Spring
2007.
Alternatives to Lexis & Westlaw
• Comparison Chart of Low Cost
Databases. (Casemaker, Fastcase,
Loislaw, Versuslaw)
• BNA and CCH – See Electronic
Resources page for links
Alternatives to Lexis/WL
• Free Websites – see Legal Research on
the Web from Law Library site.
• LexisOne
• Altlaw
• The Public Library of Law – state cases
• PreCYdent
• Justia
• FindLaw