Category Archives: Constitutional Law

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

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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 , , |

Oral Argument Preview: Can a Prior Juvenile Adjudication Be Used to Enhance an Adult Sentence? State of Ohio v. Adrian Hand, Jr.

Read the analysis of the oral argument here.

On December 1, 2015 the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Adrian L. Hand, Jr. 2014-1814. At issue in this … Continue reading

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

What’s On Their Minds: Voluntariness of a Juvenile Confession. State of Ohio v. Tyshawn Barker.

“Where in this record can I look at this mentally challenged 15 year old who said, yeah I talked to a lawyer but I don’t know what a lawyer is. Where do I know that he has intelligently waived his … Continue reading

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

Merit Decision: Mandatory Sex Offender Registration and Address-Verification Requirements Do Not Constitute Cruel and Unusual Punishment. State v. Blankenship.

On November 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Blankenship, Slip Opinion No. 2015-Ohio-4624. In a 5-2 opinion authored by Justice Lanzinger, joined in full by Chief Justice O’Connor and Justice … Continue reading

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