Legal Opinion · Dissent

Schussheim v. Schussheim

Ohio Supreme Court

Decided October 16, 2013No. 2012-1235Published

1DissentFrench, J.

{¶ 63} I cannot agree that Pepper Pike v. Doe, 66 Ohio St.2d 374, 421 N.E.2d 1303 (1981), supports the new judicial power announced by the majority. The majority conflates a court’s inherent power over its own records with “expungement,” a statutory remedy affecting records held by other branches of government and carrying a license to conceal information from the public. We have missed the opportunity to recognize Pepper Pike for what it was — a narrow, short-lived, judge-made “fix” to Ohio’s nascent criminal expungement statutes. Therefore, I must respectfully dissent.

Record “Expungement”…

2Cases cited17 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  3. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  4. State v. HamiltonOhio Supreme Court · 1996
  5. Felton v. FeltonOhio Supreme Court · 1997

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