Author Archives: MBettman

What Happened on Remand: Christopher Anderson is Out of Jail. State v. Anderson.

Case Background

On August 29, 2002, Christopher Anderson, was charged with murdering Amber Zurcher on June 3, 2002. His first trial resulted in a mistrial. His second trial resulted in a guilty verdict, which was overturned on appeal because of … Continue reading

Posted in Criminal Law and Procedure, Ohio Supreme Court Watch, What Happened on Remand |

Prosecutor Seeks Execution Date for Romell Broom.

On March 13, 2017, the Cuyahoga County Prosecutor filed a motion in the Supreme Court of Ohio to set an execution date for Romell Broom. This is just one of many such motions in Ohio. But with Broom this request is … Continue reading

Posted in Death Penalty, Ohio Supreme Court Watch |

What’s On Their Minds: Is Questioning in the Front Seat of a Police Cruiser a Custodial Interrogation? City of Cleveland v. Benjamin Oles.

“So, he’s not free to leave. Why is he (Oles) not in custody at that point?”

Justice O’Neill.

On March 1, 2017, the Supreme Court of Ohio heard oral argument in the case of City of Cleveland v. Benjamin … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule? State of Ohio v. Sherri Bembry and Harsimran Singh.

“Going forward, how do we ensure that we don’t have a successive violation of the knock and announce rule if in fact we say, well, yeah, there was a violation, but it doesn’t really make any difference. There will never … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

What’s On Their Minds: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

“This was a backpack sitting on an empty school bus.  In this day, that’s concerning. I can’t help but look at this from a very practical perspective, perhaps as a parent, and think, everybody knows a backpack sitting there by itself … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Schools and Education, Student Contributors, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Propriety of Sentencing Penalty for Exercising Right to Trial. State of Ohio v. Malik Rahab.

“Counsel, do you think it is ever appropriate to look at and comment on a defendant exercising their constitutional right to have the state of Ohio prove beyond a reasonable doubt their guilt of the crimes as charged as a … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , |

Oral Argument Preview: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule for Evidence Seized Pursuant to a Valid Search Warrant? State of Ohio v. Sherri Bembry and Harsimran Singh.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Sherri Bembry and Harsimran Singh, 2016-0238. At issue in … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Evidence, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

Oral Argument Preview: Is Questioning in the Front Seat of a Police Cruiser a Custodial Interrogation? City of Cleveland v. Benjamin Oles.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of City of Cleveland v. Benjamin Oles, 2016-0172 and 2016-0282. The case was accepted as … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , |

Oral Argument Preview: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

Read the analysis of the oral argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio  v. Joshua Polk, 2016-0271. At issue is the constitutionality of … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Oral Argument Preview, Schools and Education, Student Contributors | Tagged , , |

Update: Cert. Petition Turned Down in Adrian Hand Case.

On February 21, 2017, the U.S. Supreme Court turned down the cert. petition filed by the state in Ohio v. Hand. The question presented was

“Whether the absence of the right to trial by jury in juvenile delinquency proceedings results … Continue reading

Posted in Ohio Supreme Court Watch |