There have been some enhancements and updates to the Ohio Constitution Law and History website, see link, that should be of interest to those who follow the Ohio Constitution. Cases to Watch. This feature, Cases to Watch, see link, reports on cases in the lower courts of Ohio involving state constitutional issues. It has been […]
Ohio Constitution Law and History Website—Enhancements & Updates Read Post »
During 2023, the Ohio Supreme Court decided 23 cases that implicated directly or indirectly the Ohio Constitution. Some of these cases had detailed opinions addressing the Ohio Constitution while others only mentioned the Ohio Constitution in passing. And some cases declined to reach the state constitutional issue. These cases (and others back to 2000) are
Ohio Supreme Court Decides 23 Cases Involving the Ohio Constitution in 2023 Read Post »
The Court Decisions page of the Ohio Constitution: Law and History guide has been updated with the final cases of 2016 that interpreted constitutional issues. On December 22, 2016, the Ohio Supreme Court examined the constitutionality of state statutes requiring the mandatory transfer of juvenile offenders to adult courts, and ultimately ruled the statutes unconstitutional.
On June 9, 2016, the Ohio Supreme Court issued its decision in In re A.G., Slip Opinion No. 2016-Ohio-3306. The case was on appeal from an Eighth District Court of Appeals decision holding that the juvenile court did not err by refusing to merge acts that would have merged in adult criminal court because criminal
Ohio Supreme Court: Double Jeopardy Protections for Juveniles Read Post »
In Toledo City School Dist. Bd. of Edn. v. State Bd. of Edn., the Ohio Supreme Court ruled that Article II, Section 28 of the Ohio Constitution, providing protection against retroactive laws, only applies to individuals and private corporations, not to local governments. The case arose out of funding reductions made by the Ohio Department
Ohio Supreme Court: School Boards Not Protected by Retroactivity Clause Read Post »
In an opinion issued April 28, 2016, the Ohio Supreme Court ruled that R.C. 2933.81(B) violates the due process rights of juveniles. The law presumes that a juvenile suspect’s statements made while in police custody are voluntary, if they are electronically recorded. In State v. Barker, the Supreme Court ruled in a 5-2 decision that
Ohio Supreme Court Rules Presumption of Voluntariness Violates Juveniles’ Rights Read Post »
The Ohio Supreme Court is hearing oral arguments on April 19th and 20th, 2016. The session is being held at Meigs County High School as part of the Court’s program to hold arguments off-site twice per year. The Off-Site Court Program enables students and community members to watch the Court in action, and helps to
Supreme Court Hearing Due Process Arguments in Two Cases Read Post »
The Ohio Supreme Court ruled that Frederick Kinsey, one of the parties in State ex rel. Walgate v. Kasich, has standing to challenge the constitutionality of a 2009 voter-approved amendment to the Ohio Constitution that permits limited casino and “racino” gambling operations. In order to have standing, the Court requires a plaintiff to show that
Ohio Supreme Court: Standing to Challenge Gambling Amendment Read Post »
The Ohio Supreme Court ruled in State v. Broom that it is not “cruel and unusual punishment” or double jeopardy to make a second attempt at executing the same person after the first attempt failed. The 4-3 decision was issued last Wednesday, with the majority opinion finding that since the medical team had failed to
Ohio Supreme Court Rules in Death Penalty Case Read Post »
Senator Sandra Williams has recently introduced a Senate Joint Resolution proposing an amendment to the Ohio Constitution. Senate Joint Resolution 6 would “amend Section 10 of Article I of the Constitution of the State of Ohio to allow the prosecutor in a felony case to elect to prosecute upon a finding of probable cause by
Proposed Amendment Read Post »