Category Archives: Criminal Law and Procedure

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 |

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 , |

Oral Argument Preview: Properly Preserving An Off-The-Record Discussion For Appeal. State of Ohio v. Andrea Beasley.

Read the analysis of the argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Andrea Beasley, 2016-Ohio-1603. At issue in this case is … Continue reading

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

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 , |

What Happened on Remand: Christopher Anderson is Out of Jail. State v. Anderson.

Case Background

On August 29, 2002, Christopher Anderson, was charged with murdering Amber Zurcher on June 3, 2002. His first trial resulted in a mistrial. His second trial resulted in a guilty verdict, which was overturned on appeal because of … Continue reading

Posted in Criminal Law and Procedure, Ohio Supreme Court Watch, What Happened on Remand |

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

Update: On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Counsel, do you think it is ever appropriate to look at and comment on a defendant exercising … 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 , |