Category Archives: Constitutional Law

Oral Argument Preview: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.

On January 23, 2018, the Supreme Court of Ohio will hear oral argument in the case, State of Ohio v. Maurice Mason, 2017-0200. At issue in the case is whether, under Ohio’s statutory scheme governing the death penalty, the … Continue reading

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

Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.

On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, Slip Opinion No. 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C. 2903.11(B)(1), which requires persons who know they are HIV … Continue reading

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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

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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

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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.

Update: On October 26, 2017, the Supreme Court handed down a merit decision in this case.  Read the analysis here.

“But presumably there is a partner here who was uninformed and deprived of the right to make that … Continue reading

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