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Thursday, June 3, 2010

The Grendells' judgment calls

The Grendells' judgment calls

David W. Jones

Thursday’s Ohio Supreme Court decision sure backs 11th District Court of Appeals Judge Diane Grendell’s written and upheld opinions that a court case doesn’t cancel separation of powers between judges and legislators.

“To the extent that the Adams Walsh Act requires modification of first sentencing it violates the separation of powers based on finality of judicial judgments,” she wrote in one decision.

In a sense, her husband, state Sen. Tim Grendell, an attorney who sits on the Senate Judiciary Committee, likes the idea of legislators toughening laws.

But Judge Grendell wrote in a prior case: “The fact remains that the General Assembly cannot annul, reverse or modify a judgment of a court already rendered.”

Whether the above cases were cited or not, Judge Grendell’s opinions were twice noted in the Ohio SUPCO decision.

That’s why some say that Tim Grendell, with a smile on his face, was congratulating his spouse for her judiciary insights.

P.S. 2009 stories headlined 11th Appellate Judges Grendell and Tim Cannon: "Sex offender law ruled unconstitutional in Appeals Court"


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