In re Adoption of Z.D.W.
Citations
- 2025 Ohio 2465
Syllabus
The probate court correctly found that appellant's consent to an adoption was not required because appellant, as a putative father, had not timely registered with the putative father registry. Appellant failed to object in the probate court to the fact that the adoption petition alleged lack of consent under R.C. 3107.07(A) rather than R.C. 3107.07(B). As such, this issue is reviewed for plain error only. Because the error did not affect the outcome and did not cause a manifest miscarriage of justice, there was no plain error. Appellant was aware before the hearing that failure to register under R.C. 3107.07(B)(1) was an issue, the matter was addressed at the hearing, and the court properly applied R.C. 3107.07(B)(1). Judgment affirmed.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, when police expand the scope of a traffic stop, they must have rea- sonable suspicion of a crime to justify that expansion
- concluding that ORS 131.615 is consistent with Article I, section 9’s limitations
- explaining that, to hold otherwise would “mak[e] meaningless the rule which requires an officer to have reasonable suspicion before stop- ping an individual to conduct a criminal investigation”
- explaining that “[i]t is the state’s burden to prove that the consent was indepen- dent of, or only tenuously related to, the illegal police con- duct” (internal quotation marks omitted)
- rejecting the “unavoidable lull” doctrine and concluding that “all investigative activities, including investigative inquiries, conducted during a traffic stop are part of an ongoing seizure and are subject to both subject- matter and durational limitations”
- a “mere conversation” is a “non-coercive encounter” and does not involve “any” restraint on the person’s liberty or freedom of movement
Source: CourtListener parenthetical corpus (CC0).
Judges: Hanseman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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