Category Archives: Constitutional Law

Update on State v. Clark: U.S. Supreme Court Bound?

On October 30, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Clark, 2013-Ohio-4731. In a 4-3 decision written by Justice O’Donnell, for himself and Justices Pfeifer, Kennedy and O’Neill, the Court held that … Continue reading

Posted in Constitutional Law, Evidence, Merit Decisions, Ohio Supreme Court Watch |
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What’s On Their Minds: Are Mandatory Juvenile Transfers to Adult Court Unconstitutional? State v. Quarterman

On July 8, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Alexander Quarterman et al. 2013-1591. The central issue in this case is whether mandatory transfers of juvenile offenders to … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? |
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Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.

On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., Slip Opinion No. 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation … Continue reading

Posted in Constitutional Law, Family Law, Merit Decisions, Ohio Supreme Court Watch |
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What’s on their Minds? Sufficiency of Affidavit in Support of Warrant to Search Computer. State of Ohio v. Nicholas Castagnola.

On May 28, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Nicholas Castagnola2013-0781.  At issue in this case is whether an affidavit which incorrectly asserted that the defendant stated he … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Scholarship, What's On Their Minds? |
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Merit Decision: Court Upholds Constitutionality of City Curfew on Cleveland’s Public Square. Cleveland v. McCardle

On May 28, 2014, the Supreme Court of Ohio handed down a merit decision in Cleveland v. McCardle, 2014-Ohio-2140. In a 6-1 decision written by Justice Lanzinger, the Court upheld the constitutionality of a Cleveland city ordinance which established … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch |
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Oral Argument Preview: Is a Deficient Affidavit Grounds to Exclude Evidence of Child Pornography Found Pursuant to a Search Warrant? State of Ohio v. Nicholas Castagnola.

Read the analysis of the oral argument here.

On May 28, 2014, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Nicholas Castagnola2013-0781.  At issue in this case is whether … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors |
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Merit Decision: The Interplay between Statutes of Limitations and Statutes of Repose in Claims Accrued Before Enactment of Statutes of Repose. Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co.

On May 14, 2014 the Supreme Court handed down a merit decision in Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co. 2014-Ohio-1937. In a 4-3 decision written by Justice O’Neill, for himself, Justices Pfeifer and Lanzinger, and Chief Justice … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch, Torts |
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What’s On Their Minds: Arrest Warrants Issued Without A Probable Cause Determination. State v. Hoffman

On April 8, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Brandon Lee Hoffman, 2013-0688. At issue in this case is whether the Fourth Amendment exclusionary rule precludes evidence that … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Scholarship, What's On Their Minds? |
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Oral Argument Preview: Evidence Seized Pursuant to Arrest Warrants Issued Without A Finding of Probable Cause by a Judicial Officer. State v. Hoffman.

Read the analysis of the oral argument here.

On April 8, 2014, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Brandon Lee Hoffman, 2013-0688. At issue in this case … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors |
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Merit Decision: Youth of Juvenile Homicide Offender Must be Considered when Imposing Life Without Parole. State v. Long.

On March 12, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Long, 2014-Ohio-849. While the justices unanimously agreed that a trial court must consider youth as a mitigating factor in imposing a sentence … Continue reading

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