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 »
The Ohio Supreme Court held that a “Community Bill of Rights” charter amendment, which would ban fracking in Youngstown, must go on the ballot. See Alliance Review, Court orders anti-fracking issue back on ballot in Youngstown The Mahoning County Board of Elections had refused to put it on the ballot, stating that it was contrary
Youngstown Anti-Fracking Charter Amendment Must Be on Ballot, Ohio Supreme Court Says Read Post »
State ex rel. Wilen v. Kent, Slip Opinion No. 2015-Ohio-3763. A city charter can not require a higher number of signatures in order to get a proposed charter amendment on the ballot than what is required by the Ohio Constitution Article XVIII, Section 9. Docket. See Cleveland.com Ohio Supreme Court rules Kent officials unconstitutionally blocked
City Charter Can Not Require More Signatures for Ballot Issue Than Ohio Constitution Read Post »
State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749. In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority
County Charters Restricting Oil and Gas Operations will not be on the Ballot Read Post »
Beck Energy filed a mandamus action in the Ohio Supreme Court, seeking to vacate a stop work order issued by Munroe Falls to halt work on the Sunoco well. Beck Energy seeks a declaration that: “The Home Rule Amendment to the Ohio Constitution, Article XVIII,Section 3, does not allow Munroe Falls to enact a zoning
Beck Energy Challenges Munroe Falls Zoning Ordinances Which Prohibit Drilling Read Post »
Ohio’s budget act, HB 64, requires that municipalities operating traffic cameras in violation of state restrictions lose local government funding from the state in the amount equal to the fines collected from the cameras. The Ohio legislature recently enacted restrictions on traffic cameras, such as requiring police officers to be present, and other restrictions. See SB 342. Several county
The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search. See CourtNewsOhio, Officer Had No Authority to Make