In a recent 4-3 victory in the Ohio Supreme Court, Benesch provided pro bono representation to several national and Ohio-based advocacy groups: Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), the Legal Aid Society of Cleveland, AEquitas, Advocates for Basic Legal Equality, Inc., and Legal Aid of Western Ohio, Inc.
The case, State ex rel. Suwalski v. Peeler, involved a court of common pleas order purporting to restore gun rights to the ex-husband of a victim of domestic violence, despite the federal Gun Control Act barring him as a result of his domestic violence conviction from possessing firearms or ammunition. The victim had filed an opposition to her abuser’s petition for restoration of gun rights, and when the state court issued the order restoring his access to guns, she petitioned the Ohio Court of Appeals for a writ of prohibition. The court of appeals granted the writ of prohibition, and the Ohio Supreme Court, in a 4-3 decision, affirmed that extraordinary relief.
Along with the law firm Pillsbury Winthrop, Benesch partner Greg Phillips, former Benesch partner Addisah Sherwood, and associate James Walsh represented the amici in their brief to the Court successfully urging affirmance of the court of appeals’ decision.
The full opinion can be found here.