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

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

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

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

An Update on Brandon Moore’s case.

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

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch |

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

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

Merit Decision: Court Okays Searches of Student Book Bag Left on School Bus. State v. Polk.

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

Posted in Constitutional Law, Merit Decisions, Schools and Education | Tagged , , |

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

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

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

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

Commentary: On Reconsideration: What’s Up With State v. Aalim?

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

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

State Files U.S. Supreme Court Cert. Petition in Brandon Moore Case.

Update: On June 14, 2017, the cert. petition was distributed for conference of September 25, 2017.

Read Moore’s brief in opposition here.

Case Background

Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch |

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.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Jamie Banks-Harvey. At issue in this case … Continue reading

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