Category Archives: Judiciary

More on the NEOCH Consent Decree and Federal Remedies in State Elections Cases

Last month I wrote about a mandamus action filed directly in the Supreme Court of Ohio by Tom Niehaus, President of the Ohio Senate, and Lou Blessing, a State Representative and Speaker Pro Tem, against Secretary of State Jon Husted … Continue reading

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And the Winner Is…..Tracie Hunter, by 71 Votes

Update-Because this election was so close, an automatic recount took place.  It’s now official and final (as of May 17, 2012).  Tracie Hunter won by 74 votes, so she picked up a few.

After more than year of wrangling, it’s … Continue reading

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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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Remember the 2010 Hamilton County Juvenile Court Election? Here’s the Latest Chapter.

Update: On April 17, the Board of Elections voted to implement Judge Dlott’s order to count the ballots. 

The race for a judgeship on the Hamilton County Juvenile Court between John Williams (now a sitting juvenile court judge despite … 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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A Brewing Storm Over Proposed Changes to Juvenile Rule 3

Update: Here is the rule that actually got sent to the General Assembly.  It’s a compromise, but I think it has a number of plusses.  Thanks to Kim Brooks Tandy of the Children’s Law Center for sending this over.

RULE 3. … Continue reading

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You Break the Tie Vote on Appealing Judge Dlott’s Order in the Juvenile Court Election: Each Parties’ Letter to Secretary Husted

Update: The suspense (if there ever really was any) is over.  On February 21, Secretary Husted broke the tie by siding with the Republicans to allow the appeal of Judge Dlott’s decision to count addtional provisional ballots in the Hamilton … Continue reading

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Warrantless Placement of a GPS On a Car

The U.S. Supreme Court has made a quick decision on the constitutionality of law enforcement placing a GPS tracking device on the undercarriage of a suspect’s car without a warrant.  The case, U.S. v. Jones, just argued in November, … Continue reading

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Justice Pfeifer finds his Ohio Federal Judicial Soul Mate on the Death Penalty in Judge Greg Frost

Update: Ohio Attorney General DeWine appealed the stay of execution order in the Lorraine case to the U.S. Supreme Court. On February 8, the U.S. Supreme Court declined to lift the stay of execution.

As I have previously written Continue reading

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Judicial “Unrecusal”

In my last post, I wrote about recusal at the supreme court level. That’s when a justice has to get off a case because of some kind of conflict. In recent times, the reverse of recusal has emerged.  We … Continue reading

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