Category Archives: Criminal Law and Procedure

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.

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 the case is whether the exclusionary rule is a … Continue reading

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

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

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. The case was accepted as a jurisdictional appeal and on conflict certification to determine whether … Continue reading

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

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

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 a “trial tax,” a penalty imposed on a criminal … Continue reading

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

Merit Decision: Offender Has Right of Allocution at Community Control Revocation Hearing. State v. Jackson.

On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Jackson, Slip Opinion No. 2016-Ohio-8127. In a unanimous opinion written by Chief Justice O’Connor, in which Justice French concurred in judgment only, … Continue reading

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

Merit Decision: Record of Attempted Robbery Conviction Cannot be Judicially Sealed. State v. V.M.D.

On December 13, 2016, the Supreme Court of Ohio handed down a merit decision in State v. V.M.D., Slip Opinion No. 2016-Ohio-8090. In a unanimous opinion written by Justice Pfeifer, the court held that attempted robbery is a crime … Continue reading

Posted in Criminal Law and Procedure, Merit Decisions | Tagged , |

Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.

Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.

On November 21, 2016, the Supreme Court of Ohio handed … Continue reading

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

What Happened on Remand: Pandering Charges Dismissed, Guilty Plea to One Count of Retaliation, Sentence of Time Served. State v. Castagnola

Date Case was remanded from Supreme Court of Ohio: April 28, 2015

Final Resolution of this case: September 30, 2016

Case Background

David Maistros, law director and prosecutor of Twinsburg in Summit County, charged Nicholas Castagnola with selling alcohol to … Continue reading

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

Merit Decision: Court Permits Fifth Retrial of Defendant Incarcerated for Fourteen Years Without a Lawful Conviction. State v. Anderson.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson, Slip Opinion No. 2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held that there is no constitutional … Continue reading

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

What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.

Case Background

In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up … Continue reading

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

The Three Minute Oral Argument in State of Ohio v. Dominic Jackson.

Update. On December 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

On May 31, 2016, the Supreme Court of Ohio was to hear oral argument in the case … Continue reading

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