The Third District Court of Appeals will hear oral arguments at Ohio Northern University Pettit College of Law at 10 a.m. on Tuesday, March 5th in Tilton Hall, Room 129. Judge John R. Willamowski, JD, ’85, will serve as Presiding Judge. The public is invited to attend.
Two cases will be heard including one criminal case, Marion County No. 9-23-25: State of Ohio v. Gerry L. Moore, Sr. and one civil case, Allen County Case No. 1-23-33: Jane Doe, individually and on behalf of all others similarly situated v. Lima Memorial Hospital, et al.
State of Ohio v. Gerry Moore
This case involves an intricate murder-for-hire conspiracy that came to light through recordings of inmate conversations at North Central Correctional Institution in Marion County. Defendant-Appellant Gerry Moore faced charges of retaliation, attempted murder, and conspiracy to commit murder in Erie County. A jury initially found him guilty, but on appeal, the tables turned. The retaliation charge was dismissed, and his other convictions were vacated due to insufficient proof of venue.
The State now seeks to prosecute Defendant-Appellant in Marion County for the very same plot, igniting a fierce debate over Double Jeopardy under the Ohio Constitution. The trial court denied Defendant-Appellant’s Motion to Dismiss for Double Jeopardy and this interlocutory appeal hinges on the nuanced question of whether a dismissal based on venue implicates a procedural or substantive right. The Ohio Attorney General and the Ohio Prosecuting Attorneys Association have filed amicus briefs in support of the State.
Jane Doe v. Lima Memorial Hospital
This appeal stems from a dispute over privacy rights in the digital age. Plaintiff-Appellant Jane Doe challenges the trial court's decision to dismiss her wiretapping claim, rooted in allegations that Defendant-Appellee Lima Memorial Hospital compromised her confidential health information. According to the lawsuit, the hospital used sophisticated tracking pixels on its website to share her private health data with Facebook, sparking a legal battle under Ohio's wiretapping laws. The hospital counters by stating that Plaintiff-Appellant’s wiretapping claim is nullified by standing precedent. It asserts that the Ohio Supreme Court's ruling in Biddle v. Warren General Hospital effectively overrides her legal grounds for the wiretapping cause of action.
At the conclusion of the cases, the appellate judges will take questions from the audience.
ONU Law Dean Charles Rose, III says the event is always much anticipated. “The connection between the classroom and the courtroom at ONU Law is never clearer than when the Third District Court of Appeals hears oral arguments in the Celebrezze Courtroom. Generations of ONU lawyers have listened, and learned, from the best. We are happy to welcome them back again this year. Our students cannot wait to listen and learn,” says Dean Rose.
The appellate court's special session at ONU Law is part of an educational outreach program to give students, educators, and the public an opportunity to enhance their understanding of the appellate process. The appellate court, based in Lima, Ohio, is comprised of 17 counties and travels among them for special court sessions.
The event is free and open to the public. Business attire is required, and observers must be seated by 9:40 a.m. Court is in session at 10 a.m.