Category Archives: Constitutional Law

Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.

“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court. This one-size-fits-all approach runs counter to the aims and goals of the … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions | Tagged , |

Merit Decision: “De Facto” Life Sentence Unconstitutional for Juvenile Nonhomicide Offender. State v. Moore.

“The court in Graham was not barring a terminology-“life without parole”-but rather a punishment that removes a juvenile from society without a meaningful chance to demonstrate rehabilitation and obtain release.”

Justice Paul Pfeifer, majority opinion.

On December 22, 2016, the … Continue reading

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

Merit Decision: Capital Defendants to get Appeal of Right to High Court for Postconviction Denial of DNA Testing. State v. Noling.

“Are we to value speed over certainly? Of all cases that cry out for certainty, it is cases that result in the extinguishing of a human life.”

Chief Justice O’Connor, majority opinion

On December 21, 2016, the Supreme Court of … Continue reading

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

Merit Decision: Court Again Upholds Constitutionality of Cap on Noneconomic Tort Damages. Simpkins v. Grace Brethren Church.

“It’s déjà vu all over again.” Yogi Berra.

On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church, Slip Opinion No. 2016-Ohio-8118.  At issue in the case was an … Continue reading

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

U.S. Supreme Court turns down Romell Broom’s Cert. Petition.

On December 12, 2016, by a vote of 6-2, the U.S. Supreme Court turned down the cert. petition filed by Romell Broom in Broom v. Ohio. Justices Breyer and Kagan voted to grant the petition.  Broom sought to overturn State … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch |

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

Further Update: On December 12, 2016, the U.S. Supreme Court denied Broom”s petition.

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 … 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

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.

Update: On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to … Continue reading

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