Category Archives: Constitutional Law

Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.

On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, Slip Opinion No. 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not … Continue reading

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

What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has standing to challenge the constitutionality of … Continue reading

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

What’s On Their Minds: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health (2016-1348). At issue in this case is the permissibility of requiring … Continue reading

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

Oral Argument Preview: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

Read the analysis of the oral argument here.

On September 12, 2017, the Supreme Court of Ohio will hear oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health … Continue reading

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

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,  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 imposed on … 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 , |