Category Archives: Constitutional Law

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

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

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

How much is too much? Is there ever such a thing? … At what point does a court have to say, stop, enough is enough?” Justice Pfeifer, to the prosecutor.

On May 31, 2016, the Supreme Court of Ohio heard … 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

Read the analysis of the augment in this case here.

On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher L. Anderson, 2015-1007 At issue in … 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 |