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Marianna Brown Bettman
Marianna Brown Bettman is Distinguished Teaching Professor and Professor of Practice Emerita at the University of Cincinnati College of Law, where she taught torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Professor Bettman is a frequent presenter on Supreme Court of Ohio cases at Continuing Legal and Judicial Education seminars and conferences including the Ohio Judicial Conference. She also provides appellate consulting services to attorneys.
Category Archives: Constitutional Law
Oral Argument Preview: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.
On January 23, 2018, the Supreme Court of Ohio will hear oral argument in the case, State of Ohio v. Maurice Mason, 2017-0200. At issue in the case is whether, under Ohio’s statutory scheme governing the death penalty, the … Continue reading
Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.
On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, Slip Opinion No. 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C. 2903.11(B)(1), which requires persons who know they are HIV … Continue reading
Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.
On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, Slip Opinion No. 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not … Continue reading
What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.
On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has standing to challenge the constitutionality of … Continue reading
Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.
“The trooper’s questioning of Oles in the front seat of the patrol car did not rise to the level of a custodial interrogation requiring Miranda warnings.”
Chief Justice O’Connor, from majority opinion
“Every police vehicle is now a police station … Continue reading
Merit Decision: No Sentencing Break in Adult Court for Bound-Over Juvenile Offender. State v. Anderson.
On July 5, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson Slip Opinion No. 2017-Ohio-5656. Although the blog did not preview this case, it is a companion to the decision on the … Continue reading
On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Moore, 2016-Ohio-8288. In a 4-3 opinion written by now-retired Justice Paul Pfeifer, the court held that a term-of-years prison sentence imposed on … Continue reading
What’s On Their Minds: Is Section of Felonious Assault Statute Compelling Disclosure of HIV Status Unconstitutional? State of Ohio v. Orlando Batista.
Update: On October 26, 2017, the Supreme Court handed down a merit decision in this case. Read the analysis here.
“But presumably there is a partner here who was uninformed and deprived of the right to make that … Continue reading