The US Supreme Court will wrap up its term today, with three decisions still outstanding, the most significant of which is the New Haven firefighters affirmative action case. Last week's big decisions were the application of Crawford to scientific reports, which I discussed on Friday, and the school strip search case. That, and the earlier decision on post-conviction DNA testing, will be discussed here later this week. Like everybody else, I'll be off on Friday.
The only significant decision down in Columbus was McGhan v. Vettel, affirming the denial of a writ of prohibition to keep a judge from hearing a custody case under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which replaced the old Uniform Child Custody Jurisdiction Act (UCCJA), because six-letter acronyms are preferable to five-letter ones. The test for a writ of prohibition in these cases is whether the trial court "patently and unambiguously" lacks jurisdiction, and appellant's task here was made more difficult by the fact that the trial court "patently and unambiguously" had jurisdiction; the children had lived here for over a year, and the Michigan court, where the matter originated, had expressly terminated its proceedings so the Ohio courts could determine custody. If you've got an interstate custody dispute, the decision is worth a read.
On to the courts of appeals...
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