Legal Question in Appeals and Writs in Ohio

Question about a law.

My daughters father recently got his appeal accepted for review through the Supreme Court. They said due to ''Proposition of Law No. IV'' Could you tell me what ''Proposition to Law No. IV'' is? Thanks!

--name removed--


Asked on 8/08/04, 4:28 pm

1 Answer from Attorneys

Gregory Gordillo Gordillo & Gordillo LLC

Re: Question about a law.

In Ohio, the highest court of appeals is the Ohio Supreme Court. For federal courts, the highest court of appeals is the United States Supreme Court. Most cases taken for decision by either of these courts are taken at the discretion of the court. In other words, the court does not have to make a decision regarding the merits of every case that is appealed to them.

In fact, these courts do not have to decide every issue that is appealed to them. They can choose many of the cases they hear and the issues from those cases that the highest Court wants to decide. Most cases are rejected by these Courts and are never decided at the highest level. Apparently, your daughter's father's case is one of the few that has been taken by the court for decision.

Your question also suggests, however, that when the case was appealed to the highest court, several issues of law were suggested to the highest court for review. The court has indicated that it will review only one of those issues, proposition IV.

The court will not decide any issue unless it is one that will make a difference in the outcome of the case. This means that although the Court is only deciding proposition IV, the decision of the lower courts can be reversed or affirmed -- at least in part -- based on how the high court rules on proposition IV. As to the effect that will have on the entire case, your facts stated are insufficient for me to know. You should check with the attorney representing yoru daughter's father.

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Answered on 8/08/04, 4:52 pm


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