Category Archives: Constitutional Law

Some Things Never End

On April 18, Tom Niehaus, President of the Ohio Senate, and Lou Blessing, a State Representative and Speaker Pro Tem, filed an original action in mandamus in the Supreme Court of Ohio against Secretary of State Jon Husted challenging a … Continue reading

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Merit Decision. Punishing Juvenile Sex Offenders. In Re C.P.

On April 3, 2012, the Supreme Court of Ohio issued a blockbuster juvenile law decision, In Re CP, slip opinion 2012-Ohio-1446.  This 5-2 opinion, written by Justice Paul Pfeifer, strikes down R.C. 2152.86, a registration and notification requirement … Continue reading

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Relying More on the Ohio Constitution

While our politics differ,  I share a legal passion with Judge Jeff Sutton of the U.S. Court of Appeals for the Sixth Circuit—the underappreciated subject of state constitutional law.  This was Judge Sutton’s topic at a lecture he gave at … Continue reading

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And the Beat Goes On. The November 2010 Hamilton County Juvenile Court Election. Judge Dlott’s Ruling.

The November 10 2010 Juvenile Court election has remained in jurisprudential limbo, with John Williams last ahead by 23 votes. (He has since become the Juvenile Court’s administrative judge, appointed to the seat due to the unexpected retirement of the … Continue reading

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Oral Argument Preview: Pursuant to the Serious Youthful Offender Statute, Is It Constitutional for the Juvenile Court Judge to Invoke the Adult Portion of a Blended Sentence Upon a Juvenile Offender? In re J.V.

On December 6, the Supreme Court of Ohio will hear oral argument in the case of In re J.V., 2011-0107. The issue in this case is whether a trial court can  consitutionally invoke the adult portion of a sentence … Continue reading

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What’s On Their Minds: Can a Defendant in a Capital Case Whose Death Sentence is Overturned on Appeal be Re-Sentenced to Death Under an Amended Statute Not in Effect on the First Go-Around?

 On November 16, the Supreme Court of Ohio heard oral argument in the case of State v. White, 2009-1661.  The constitutional issue in the case involves the retroactive application of Ohio’s resentencing statute, R.C. 2929.06.

In 1996, Maxwell … Continue reading

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Oral Argument Preview: Are Cellphone Records Admissible at Trial as Business Records? State v. Hood.

 On November 2, the Supreme Court of Ohio will hear oral argument in the case of State v. Hood, 2010-2260. The issue in this case is whether cell phone records may be admissible at trial as business records. This … Continue reading

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What’s On Their Minds: Blowin’ Smoke. A Constitutional Challenge to Ohio’s Smoke Free Workplace Law. Jackson v. Bartec, Inc.

On October 19 the Supreme Court of Ohio heard oral argument in Jackson v. Bartec, Inc, #2011—0019. in which Zeno’s, a Columbus bar, challenges the enforcement of Ohio’s smoking ban law, O.R.C. Chapter 3794.

Zeno’s was cited ten … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, What's On Their Minds? | 2 Comments

Oral Argument Preview: Blowin’ Smoke. A Constitutional Challenge to Ohio’s Smoke Free Workplace Law. Jackson v. Bartec, Inc.

 On October 19 the Supreme Court of Ohio will hear oral argument in Jackson v. Bartec, Inc., which challenges the enforcement of Ohio’s smoking ban law, O.R.C. Chapter 3794. At issue in the case are questions about the … Continue reading

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Oral Argument Preview: If the Police Believe an Occupant of a Car Needs Emergency Assistance Based on a Tip to the Dispatcher, is a Warrantless Stop Permissible? State v. Dunn.

Update: The merit decision in this case was handed down March  15, 2012. Read the analysis of the decision here.

 On October 19, the Supreme Court of Ohio will hear oral arguments in the case of State v. Dunn, 2011-0213.The … Continue reading

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