Appeals

 

Flowers-Headshot.jpg

Benjamin M. Flowers
Solicitor General
Section Chief

Section Phone Number: 614-466-8980
AGO Help Center: 800-282-0515

About AG > Service Divisions > Office of the Solicitor General

Office of the Solicitor General

The Office of the Solicitor General represents the State of Ohio and its agencies on appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit,  the Ohio Supreme Court, and other state and federal courts.

The section handles a wide range of cases, from civil rights, to election disputes, to criminal law.  It also assists the Attorney General in determining the cases that the State or its agencies will ask the U.S. or Ohio Supreme Court to review, and also the positions that the State will take before those courts.  The section, teaming up with the sections where the cases began, prepares the petitions, briefs, and other papers filed by the State on appeal.  Its lawyers also regularly participate in oral arguments before those courts.

Amicus Support and Prosecutor Support:

The Attorney General often supports the legal positions of others by filing amicus briefs.  The office does so in various cases that may involve state interests and state laws or other significant issues, whether the parties are private individuals or entities, local governments, or other States.  Most often, the Attorney General files amicus briefs to support prosecutors in criminal cases.

In addition to filing amici, the Attorney General’s Office provides a wide array of other services to support the important work of law enforcement and prosecutors.  The Attorney General’s Office of the Solicitor General often consults with prosecutors and assists with strategy and brief writing, apart from filing a separate amicus.  Sometimes the Attorney General coauthors a joint brief with a prosecutor, taking on part or all of the writing.  The Office of the Solicitor General also provides moot courts for prosecutors to hone arguments before appearing in court, and section lawyers have shared argument time or have argued cases for prosecutors when requested.  In all of these tasks, the Office of the Solicitor General brings to the table its substantial experience in briefing and arguing appeals.

Below are examples of subjects that the Attorney General’s Office has addressed on behalf of prosecutors.  Included are links to the court’s decisions and the Attorney General’s briefing, all of which are intended as helpful resources for county prosecutors who may be litigating these subjects.

SUBJECT CASE NAME DECISION AG AMICUS BRIEF
Confrontation Clause – statement to teacher State v. Clark
(OSC 2012-0215)


Ohio v. Clark
(US 13-1352)
Clark OSC decision (PDF)



Clark USSC decision
Clark OSC brief (PDF)

Clark OSC reply brief (PDF)

Clark USSC brief (PDF)

Clark USSC reply brief (PDF)
Fourth Amendment – good-faith exception State v. Hoffman
(OSC 2013-0688)
Hoffman decision (PDF) Hoffman OSC brief (PDF)
Confrontation Clause – autopsy report State v. Hardin
(OSC 2011-0122)

Hardin v. Ohio
(US 14-1008)
Hardin decision (PDF)

Hardin USSC decision 
Hardin OSC brief (PDF)

Hardin USSC brief
Lesser-included Offenses – jury instructions State v. Wine
(OSC 2012-1611)
Wine decision (PDF) Wine OSC brief (PDF)
Pattern of Corrupt Activity – proof of enterprise State v. Beverly
(OSC 2013-0827)
Beverly decision (PDF) Beverly OSC brief (PDF)

Beverly OSC reply (PDF)
Fourth Amendment – trash pull as probable cause State v. Jones
(OSC 2013-2023)
Jones decision (PDF) Jones OSC brief (PDF)
Sex-offender Registration - juveniles In re D.S.
(OSC 2014-0607)
D.S. decision D.S. OSC brief (PDF)
Drug Sales – synthetic drugs State v. Smith
(OSC 2015-0406)
Smith decision Smith OSC brief (PDF)
DUI evidence – blood sample maintenance State v. Baker
(OSC 2014-1295)
Baker decision Baker OSC brief (PDF)
Search and Seizure – Ohio Constitution vs. federal State v. Brown
(OSC 2014-0104)
Brown decision Brown OSC brief (PDF)
Police misconduct – equal protection State v. Mole
(OSC 2013-1619)
Mole decision Mole OSC brief (PDF)