Tag Archives: due process

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

Update: Read what happened on remand here.

On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Anderson,  2016-Ohio-5791. In a fractured plurality opinion written by Justice Kennedy, the court held … Continue reading

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

What’s On Their Minds: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson

Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

How much is too much? Is there ever such a thing? … At what point does a … Continue reading

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

Oral Argument Preview: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson

Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the augment in this case here.

On May 31, 2016, the Supreme … Continue reading

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

Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

Update: Read what happened on remand in this case here.

On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , , |

Merit Decision. No Public Hearing for Terminated Nontenured, Nonteaching Public Employee. Stewart v. Lockland School Dist. Bd. of Edn.

On September 24, 2015, the Supreme Court of Ohio handed down a merit decision in Stewart v. Lockland School Dist. Bd. of Edn.,  2015-Ohio-3839.  In a 6-1 opinion written by Justice Pfeifer, the court … Continue reading

Posted in Constitutional Law, Contracts, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.

On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation arising from a … Continue reading

Posted in Constitutional Law, Family Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

What’s on Their Minds: Does A Minor have a Constitutional Right to Participate in a Disputed Parental Visitation Proceeding? In re A.G.

Update:  On June 19, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

On October 23, 2013, the Supreme Court of Ohio heard oral argument in the case of Continue reading

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

Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.

On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012.  In … Continue reading

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

Merit Decision: “Due Process Means More than the Easiest and Cheapest Way.” PHH Mtge. Corp. v. Prater.

On September 6, 2012, the Supreme Court of Ohio handed down a merit decision in PHH Mtge. Corp. v. Prater, 2012-Ohio-3931.  In a unanimous opinion authored by Justice Stratton, the Court held that when a party’s address is known … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch | Tagged , , , , |

Due Process Rights at a Civil Contempt Hearing

In my July 13 post I discussed the U.S. Supreme Court decision in Turner v. Rogers , in which the high court discussed the procedural safeguards necessary … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch | Tagged , , |