Category Archives: Constitutional Law

Oral Argument Preview: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson

On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher L. Anderson. At issue in this case is whether Constitutional Due Process rights bar the state from … Continue reading

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

Merit Decision: No Constitutional Violations in Domestic Violence Conviction. State v. Arnold

On April 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Arnold, Slip Opinion No. 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , |

Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, Slip Opinion No. 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , , |

What’s On Their Minds: Constitutionality of the Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim

“Even though as you said the legislature sets the rules, the court can say your rules are too extreme. And we can do that here.” Chief Justice O’Connor, to the Chief Deputy Solicitor.

“Don’t states have the right to determine … Continue reading

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

Oral Argument Preview: Court Again Tackles Constitutionality of Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim.

Read the analysis of the argument here.

On April 20, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Matthew Aalim.  At issue in this case is whether the … Continue reading

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

Submitted Case Hits One Year Mark Without Decision. State of Ohio v. Brandon Moore.

Whenever a case we’ve blogged about has been pending for a year without a decision, we note that. On February 4, 2015 the Supreme Court of Ohio heard oral argument in State of Ohio v. Brandon Moore, 2014-0120. There … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Uncategorized |

Merit Decision: Court Nixes Warrantless Pre-Impoundment Inventory Search of Legally Parked Car Despite Arrest of Occupant. State v. Leak

On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Leak, 2016-Ohio-154. In a 4-3 decision written by Justice O’Neill, joined in full by Justices Lanzinger and Kennedy, in which Justice French … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions | Tagged , , |

What’s On Their Minds: Is the Statutory Cap on Non-Economic Damages Unconstitutional As Applied to a Minor Sex Abuse Victim? Simpkins v. Grace Brethren Church of Delaware, Ohio

“But Arbino has already gone through the rational basis test and has said this statute is constitutional as to everyone,” Justice O’Donnell, to plaintiffs’ counsel.

On December 15, 2015, the Supreme Court of Ohio heard oral argument in the case … Continue reading

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

Oral Argument Preview: Is the Statutory Cap on Non-Economic Damages Unconstitutional As Applied to a Minor Sex Abuse Victim? Simpkins v. Grace Brethren Church of Delaware, Ohio

Read the analysis of the oral argument in this case here.

On December 15, 2015, the Supreme Court of Ohio will hear oral argument in the case of  Simpkins v. Grace Brethern Church of Delaware, Ohio, 2014-1953. At … Continue reading

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

What’s On Their Minds: Can a Prior Juvenile Adjudication Be Used to Enhance an Adult Sentence? State of Ohio v. Adrian Hand, Jr.

“An adjudication is not the same as a conviction, and you want to now transform it from an adjudication to a conviction for this purpose?” Chief Justice O’Connor, to the prosecutor.

On December 1, 2015 the Supreme Court of Ohio … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch, What's On Their Minds? | Tagged , , |