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Marianna Brown Bettman
Marianna Brown Bettman is Distinguished Teaching Professor and Professor of Practice Emerita at the University of Cincinnati College of Law, where she taught torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Professor Bettman is a frequent presenter on Supreme Court of Ohio cases at Continuing Legal and Judicial Education seminars and conferences including the Ohio Judicial Conference. She also provides appellate consulting services to attorneys.
Category Archives: Constitutional Law
Merit Decision: Questioning Suspect in Front Seat of Police Cruiser Following Traffic Stop Does Not Automatically Require Miranda Warnings. Cleveland v. Oles.
“The trooper’s questioning of Oles in the front seat of the patrol car did not rise to the level of a custodial interrogation requiring Miranda warnings.”
Chief Justice O’Connor, from majority opinion
“Every police vehicle is now a police station … Continue reading
Merit Decision: No Sentencing Break in Adult Court for Bound-Over Juvenile Offender. State v. Anderson.
On July 5, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson Slip Opinion No. 2017-Ohio-5656. Although the blog did not preview this case, it is a companion to the decision on the … Continue reading
On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Moore, Slip Opinion No. 2016-Ohio-8288. In a 4-3 opinion written by now-retired Justice Paul Pfeifer, the court held that a term-of-years prison sentence … Continue reading
What’s On Their Minds: Is Section of Felonious Assault Statute Compelling Disclosure of HIV Status Unconstitutional? State of Ohio v. Orlando Batista.
“But presumably there is a partner here who was uninformed and deprived of the right to make that decision. Is that not sufficient consideration for the state under the rational basis test to impose this type of a statute?”
Chief … Continue reading
On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Polk, 2017-Ohio-2735. In a unanimous opinion written by Justice Kennedy, the court upheld the propriety of the searches of a book bag … Continue reading
Oral Argument Preview: Is Section of Felonious Assault Statute Singling Out Sexual Conduct of HIV Positive Persons Unconstitutional? State of Ohio v. Orlando Batista.
Read the analysis of the argument here
On May 17, 2017, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Orlando Batista, 2016-0903. At issue in the case is whether R.C. 2903.11(B)(1) violates the Equal … Continue reading
Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.
On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, Slip Opinion No. 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did … Continue reading
Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it. Read the analysis of the new merit decision here.
At the end of December of last year, facing the upcoming … Continue reading
Update: On June 14, 2017, the cert. petition was distributed for conference of September 25, 2017.
Read Moore’s brief in opposition here.
Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions … Continue reading
Oral Argument Preview: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.
Read an analysis of the argument in this case here.