Beaver Excavating Company v. Levin, 2012-Ohio-5776, The allocation under R.C. 5751.20 of commercial-activity-tax revenues derived from the gross receipts of the sale of motor-vehicle fuel to nonhighway purposes violates the Ohio Constitution, Article XII, Section 5a.
Ruther v. Kaiser,2012-Ohio-5685, The medical-malpractice statute of repose found in R.C. 2305.113(C) does not extinguish a vested right and thus does not violate the open courts provision, Ohio Constitution, Article I, Section 16. (Hardy v. VerMeulen, 32 Ohio St.3d 45, 512 N.E.2d 626 (1987), overruled.)
Medical Malpractice Statute of Repose Does Not Violate Open Courts Provision Read Post »
In re Bruce S., 2012-Ohio-5696 Senate Bill 10’s (Ohio’s Adam Walsh Act) classification, registration, and community-notification provisions cannot be constitutionally applied to a sex offender who committed his sex offense between July 1, 2007, and December 31, 2007, the last day before January 1, 2008, the effective date of S.B 10’s classification, registration, and community-notification
Ohio Supreme Court Decisions re. Retroactivity and Adam Walsh Act Read Post »
Ohio Supreme Court case: Wilson v. Kasich, (Original Action) 2012-Ohio-5017. Redistricting plan did not violate Article XI of the Ohio Constitution.
Redistricting Plan Did Not Violate Apportionment Provisions, Ohio Supreme Court Decides Read Post »
Ohio Supreme Court Decision: Public utility tariff did not violate the Home Rule provision of the Ohio Constitution, although it conflicted with city ordinance requiring electric utility to bear costs of relocating overhead electric lines underground. In re Complaint of Reynoldsburg, 2011-Ohio-1274.
State Public Utility Tariff Not a Home Rule Violation Read Post »
Federal Home Loan Mortg. Corp. v. Schwartzwald, 2012 -Ohio- 5017. The Ohio Constitution provides in Article IV, Section 4(B): “The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law”. Reasoning
Ohio Supreme Court case: Upheld as constitutional provisions of the state’s “Serious Youthful Offender” (SYO) statute that: 1) authorize a juvenile court to invoke (activate) the previously stayed adult portion of a blended SYO sentence based on factual findings made by a judge rather than by a jury; and 2) allow a juvenile judge to
Serious Youthful Offender Statute Constitutional Read Post »
Ohio Supreme Court case: The Due Process Clauses of the Ohio and United States Constitutions do not guarantee an indigent parent the right to appointed counsel at a civil contempt purge hearing. Liming v. Damos, 2012-Ohio-4783.
Ohio Supreme Court case: Secretary of State and Board of Elections did not violate the Ohio Constitution, Article II, Section 1f by certifying an initiative petition to be voted upon by the Brecksville electorate. The initiative petition proposed ordinances, which among other things, would require mayor to write a letter to state and federal legislative
Brecksville Initiative Petition Constitutional Read Post »
Ohio Supreme Court dismissed mandamus action by JobsOhio which asked the Court to rule on the constitutionality of the legislation creating JobsOhio. The court dismissed because it lacked original jurisdiction to grant a motion for a declaratory judgment. State ex rel. JobsOhio v. Goodman, 2012 -Ohio- 4425.
Supreme Court Dismisses Mandamus Action re. Constitutionality of JobsOhio Read Post »