Category Archives: Constitutional Law

What’s On Their Minds: Is Questioning in the Front Seat of a Police Cruiser a Custodial Interrogation? City of Cleveland v. Benjamin Oles.

“So, he’s not free to leave. Why is he (Oles) not in custody at that point?”

Justice O’Neill.

On March 1, 2017, the Supreme Court of Ohio heard oral argument in the case of City of Cleveland v. Benjamin … Continue reading

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

What’s On Their Minds: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule? State of Ohio v. Sherri Bembry and Harsimran Singh.

“Going forward, how do we ensure that we don’t have a successive violation of the knock and announce rule if in fact we say, well, yeah, there was a violation, but it doesn’t really make any difference. There will never … Continue reading

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

What’s On Their Minds: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

“This was a backpack sitting on an empty school bus.  In this day, that’s concerning. I can’t help but look at this from a very practical perspective, perhaps as a parent, and think, everybody knows a backpack sitting there by itself … Continue reading

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

What’s On Their Minds: Propriety of Sentencing Penalty for Exercising Right to Trial. State of Ohio v. Malik Rahab.

“Counsel, do you think it is ever appropriate to look at and comment on a defendant exercising their constitutional right to have the state of Ohio prove beyond a reasonable doubt their guilt of the crimes as charged as a … Continue reading

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

Oral Argument Preview: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule for Evidence Seized Pursuant to a Valid Search Warrant? State of Ohio v. Sherri Bembry and Harsimran Singh.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Sherri Bembry and Harsimran Singh, 2016-0238. At issue in … Continue reading

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

Oral Argument Preview: Is Questioning in the Front Seat of a Police Cruiser a Custodial Interrogation? City of Cleveland v. Benjamin Oles.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of City of Cleveland v. Benjamin Oles, 2016-0172 and 2016-0282. The case was accepted as … Continue reading

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

Oral Argument Preview: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

Read the analysis of the oral argument here.

On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio  v. Joshua Polk, 2016-0271. At issue is the constitutionality of … Continue reading

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

Oral Argument Preview: Propriety of Sentencing Penalty for Exercising Right to Trial. State of Ohio v. Malik Rahab.

Read the analysis of the oral argument here.

On February 9, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Malik Rahab, 2015-1892. At issue is the propriety of … Continue reading

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

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 , |