Category Archives: Constitutional Law

Ohio v. Clark to be Argued Today at U.S. Supreme Court.

And I was supposed to be there in person to hear the argument, but as she so often has this winter, Mother Nature refused to cooperate, so I must settle for listening to the tapes and reading the transcript. Not … Continue reading

Posted in Constitutional Law, Evidence |

Merit Decision: Totality of the Circumstances Governs in Trash Pull Case. State v. Jones.

On February 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Jones, Slip Opinion No. 2015-Ohio-483. In a unanimous opinion written by Justice Lanzinger, the court held that the proper standard to determine … Continue reading

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

What’s On Their Minds: Sentencing a Juvenile Non-Homicide Offender. State of Ohio v. Brandon Moore.

“This was a sentence designed to keep the juvenile in custody for his natural life.  The question is, does Graham prohibit that under these circumstances?” Justice Judy Lanzinger.

On February 4, 2015 the Supreme Court of Ohio heard oral argument … Continue reading

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

What’s on their Minds: The Ohio Constitution and Remediless Statutory Violations. State v. Terrence Brown.

“So now we have a constitution that is not self-executing, and we have a statute which is not self-executing, and we’re the Supreme Court and everybody is throwing their hands in the air saying what’s to be done, and your … Continue reading

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

In Sharper Focus: Finding Greater Protection under the Ohio Constitution for a Bad Traffic Stop. Justice Pfeifer’s Crusade.

This In Sharper Focus post is a supplement to the blog’s preview of the case of State of Ohio v. Terrance Brown, 2014-0104.

In reversing the trial court’s denial of the defendant’s motion to suppress evidence obtained in … Continue reading

Posted in Constitutional Law, In Sharper Focus, Ohio Supreme Court Watch |

Oral Argument Preview: Exclusion of Evidence Under the U.S. or the Ohio Constitution Because of A Bad Traffic Stop? State of Ohio v. Terrence Brown.

Read the analysis of the oral argument here.

On February 3, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Terrence Brown, 2014-0104. At issue in this case is … Continue reading

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

Oral Argument Preview: Sentencing a Juvenile Non-Homicide Offender to a “De-Facto” Life Sentence. State of Ohio v. Brandon Moore.

Read the analysis of the oral argument here.

On February 4, 2015 the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Brandon Moore, 2014-0120. The issue in this case is … Continue reading

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

Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson

On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger concurred in judgment … Continue reading

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

Merit Decision: Court Disapproves Arrest Warrants Issued Without A Probable Cause Determination, But Denies Exclusion of Evidence as Remedy. State v. Hoffman

On November 4, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Hoffman, Slip Opinion No. 2014-Ohio-4795. In a 6-1 opinion written by Justice Judy Lanzinger, in which Justice Terrence O’Donnell wrote a short … Continue reading

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

What’s on their Minds: Warrantless GPS Tracking Device, Revisited. State of Ohio v. Sudinia Johnson.

Update: On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“If Jones was on the books when your client was arrested for this illegal activity, we wouldn’t … Continue reading

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