Category Archives: Constitutional Law

Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, Slip Opinion No. 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional … Continue reading

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

Defense Files Cert. Petition in U.S. Supreme Court in Romell Broom Case

Update: Read the state’s brief in opposition here.

In State v. Broom, 2016-Ohio-1028, the Supreme Court of Ohio decided in a 4-3 opinion written by Justice Judy Lanzinger that a second attempt to carry out the death … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch |

Merit Decision: A Prior Juvenile Adjudication Cannot Be Used to Enhance an Adult Sentence. State v. Hand.

Update: On September 15, 2016, Hand was resentenced by Montgomery County Court of Common Please Judge Dennis J. Langer to a non-mandatory three year term of incarceration, to be served consecutively with the three year mandatory firearm specification, for a total … Continue reading

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

Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.

On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, Slip Opinion No. 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, … Continue reading

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What’s On Their Minds: Permissibility of Disparate Treatment for Capital Defendants in Postconviction Review of Applications for DNA Testing. State v. Noling.

“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to do that. In a capital case, they (capital defendants) get a bite at the apple of appellate review, at the supreme court, but … Continue reading

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

What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.

Case Background

In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up … Continue reading

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

What’s On Their Minds: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson

Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

How much is too much? Is there ever such a thing? … At what point does a … Continue reading

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

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

Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the augment in this case here.

On May 31, 2016, the Supreme … 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, 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which Justice French concurred … 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.

Update: Read what happened on remand in this case here.

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 … Continue reading

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