Article I, Section 9 of the Ohio Constitution is violated when a court orders bail requiring that 10 percent of the amount be paid in cash, and prohibits a defendant from posting a surety bond for the full amount. Ohio Constitution Article I, Section 9 requires that “All persons shall be bailable by sufficient sureties …”. […]
Court Requiring 10% Cash Bail is Unconstitutional Read Post »
In light of the recent Ohio Supreme Court case, ProgressOhio.org, Inc. v. JobsOhio, 2014 Ohio 2382, which held that liberal group ProgressOhio lacked standing to challenge JobsOhio legislation, the Ohio House proposed legislation to grant standing to challenge the constitutionality of an Ohio statute. House Bill 590 “wouldn’t allow the JobsOhio ruling to be reversed.
Bill Would Create Standing to Challenge Constitutionality of Ohio Statutes Read Post »
In an article I wrote for the June 2014 issue of The Cleveland Bar Journal, entitled, “A Free Online Guide for Researching the Ohio Constitution”, I discuss why knowledge of the Ohio Constitution is important for Ohio lawyers and law students. A recent dissent by Ohio Supreme Court Justice Paul E. Pfeifer drives this
The Ohio Supreme Court agreed to hear an appeal and cross-appeal of a Tenth District Court of Appeals ruling ordering that the trial court must conduct a hearing as to whether an Ohio Budget Bill, Am. Sub. H. B. No. 153 , 129th General Assembly violated the One Subject Rule of the Ohio Constitution, because it
Ohio Supreme Court to Hear One Subject Rule Case re. Prison Privatization Read Post »
In re A.G., 2014-Ohio-2597 A teenager does not have a right to attend and participate in a visitation hearing under the Open Courts provision of the Ohio Constitution, Article 1, Section 16 or under due process provisions of the U.S. Constitution. Docket,Oral Argument Video,Oral Argument Summary, Opinion Summary.
Teen’s Constitutional Rights Not Violated When Barred From Visitation Hearing Read Post »
The Ohio Supreme Court heard arguments today in an appeal filed by Redflex Traffic Systems, Inc. and City of Toledo concerning the constitutionality of administrative hearings for traffic camera tickets. Argument Video. Oral Argument Preview Docket for Supreme Court Case No. 2013-1277
Ohio Supreme Court Hears Arguments on Traffic Camera Case Read Post »
The Ohio Supreme Court affirmed the decision of the lower court finding that liberal group ProgressOhio lacked standing to challenge JobsOhio legislation. ProgressOhio.org, Inc. v. JobsOhio, 2014 Ohio 2382, The court interpreted Ohio Constitution Article IV, Section 4(B) which concerns the jurisdiction of the common pleas court. The court further found that the provisions of the
Oaktree Condominium Association v. Hallmark Building Company, 2014-Ohio-1937. Construction statute of repose, codified in R.C. 2305.131,is unconstitutional as applied to plaintiff who filed a claim for damages after the statute’s effective date but plaintiff’s claim arose before the effective date. Application of the statute of repose to bar plaintiff’s lawsuit violates the Ohio Constitution, Article
Retroactivity Provision Violated by Application of Construction Statute of Repose Read Post »
When the Ohio General Assembly exercises its right under the Ohio Constitution to limit municipal taxing authority, it must do so explicitly. The language of a statute prohibiting municipal taxation need not be specific as to the type of tax limited, if the language of the statute explicitly prohibits a broad range of taxes. The case dealt with former
Recent Ohio Supreme Court Cases on Legislature’s Ability to Restrict Municipal Taxation Read Post »
The Ohio Supreme Court held that the Cuyahoga Common Pleas Court did not have jurisdiction to review a case claiming improper fees charged by a municipal court. Lingo v. State, Slip Opinion No. 2014-Ohio-1052. The Common Pleas Court decided that it had jurisdiction because Wohl, clerk of the Berea Municipal Courts, is an administrative officer.
Common Pleas Court Lacks Jurisdiction to Review Muni Court Costs Read Post »