Uncategorized

ACLU Lawsuit Says Abortion Amendments to Budget Bill Violate One Subject Rule

/

The ACLU filed a lawsuit on behalf of Preterm-Cleveland, Inc., asserting that the abortion amendments added to Ohio’s budget bill, H.B. 59,  violate the one subject rule.  see Canton Repository article . [youtube q0QjfEv55MA] One of the amendments in question bans public hospitals from making transfer agreements with abortion clinics. Another requires clinics to follow a government […]

ACLU Lawsuit Says Abortion Amendments to Budget Bill Violate One Subject Rule Read Post »

If Claim Arises Before Effective Date of Construction Statute of Repose, Does Application of Statute Violate Retroactivity Provision?

/

Oaktree Condominium Association v. Hallmark Building Company, 2012-1722.  Docket  Oral argument, Oct. 9, 2013.  Whether Ohio’s construction statute of repose, codified in R.C. 2305.131, bars plaintiff from pursuing a substantive, vested right in violation of the Ohio Constitution, Article II, Section 28 (retroactivity provision) when the plaintiff filed a claim for damages after the statute’s

If Claim Arises Before Effective Date of Construction Statute of Repose, Does Application of Statute Violate Retroactivity Provision? Read Post »

Court Interprets Retroactivity Provision: Law re. Calculating Prejudgment Interest Applies to Claims Filed After Effective Date, Even if Action Accrued Before Effective Date

/

The Ohio Supreme Court applied the Ohio Constitution’s retroactivity provision, Article II, Section 28, Ohio Constitution, to determine whether an amendment to the prejudgment interest statute in 2004 applied to a cause of action accruing in 2002, filed and dismissed without prejudice in 2003, and then refiled in 2008.  The court held that, “Because the

Court Interprets Retroactivity Provision: Law re. Calculating Prejudgment Interest Applies to Claims Filed After Effective Date, Even if Action Accrued Before Effective Date Read Post »

1851 Center Files Federal Suit re. Ohio Statute Restricting Petition Drives

/

The 1851 Center for Constitutional Law filed a complaint in the Southern District of Ohio, United States District Court, asserting that Senate Bill 47 violates the First Amendment, as well as the Ohio Constitution.  Senate Bill 47 banned collecting signatures while the Secretary of State reviews the initial petition and prohibits the collection of signatures

1851 Center Files Federal Suit re. Ohio Statute Restricting Petition Drives Read Post »

Double Jeopardy Barred Retrial of Defendant When Evidence Insufficient Due to Incorrect Taking of Judicial Notice

/

Generally, if a conviction is reversed because of an error at trial, a retrial does not violate double jeopardy.  If a conviction is reversed because of insufficient evidence, a retrial violates double jeopardy (Ohio Constitution, Article I, Section 10).  What if the trial court erroneously took judicial notice of a fact necessary to prove the

Double Jeopardy Barred Retrial of Defendant When Evidence Insufficient Due to Incorrect Taking of Judicial Notice Read Post »

Does Sole Authority of Ohio Department of Natural Resources to Regulate Oil and Gas Drilling Violate Home Rule?

/

The Ohio Supreme Court will decide whether 2004 Ohio HB 278, which preempts municipalities and other local governments from regulating oil and gas drilling, violates the Ohio Constitution’s Home Rule provision, Ohio Constitution Article XVIII, Section 7.        H.B. 278 declared that the Division of Mineral Resources Management in the Department of Natural Resources has

Does Sole Authority of Ohio Department of Natural Resources to Regulate Oil and Gas Drilling Violate Home Rule? Read Post »

Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?

/

Redflex Traffic Systems Inc., the camera operating company, filed an appeal with the Ohio Supreme Court, challenging the appellate court’s ruling in favor of the traffic camera ticket recipient.  The Ohio Sixth Circuit Court of Appeals held that the City of Toledo unconstitutionally usurped the jurisdiction of the Toledo Municipal Court by diverting challenges to

Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution? Read Post »

Right to Confront Witnesses Violated by Admitting Accomplice’s Out of Court Statements

/

The Ohio Supreme Court decided the following case on September 5, 2013: State v. Ricks, 2013-Ohio-3712.  Admitting an alleged accomplice’s statements through the testimony of an investigating officer violated a defendant’s right to confront the witnesses against him under the Sixth Amendment to the U.S. Constitution, and Article I, Section 10, of the Ohio Constitution. 

Right to Confront Witnesses Violated by Admitting Accomplice’s Out of Court Statements Read Post »

Does the State Tow Truck Law Violate Home Rule? – Oral Argument

/

The Ohio Supreme Court will hear oral arguments in City of Cleveland v. State of Ohio, Case no. 2012-1616 on Wednesday, August 21, 2013.    The issue is whether state law governing tow-truck operations (R.C. 4921.25) is a comprehensive, statewide legislative framework and a general law that meets the Supreme Court’s test in Canton v. State,

Does the State Tow Truck Law Violate Home Rule? – Oral Argument Read Post »

Is Including the Value of a Lease in the Taxable Value of a Property a Non-Uniform Assessment?

/

If the county auditor includes the value of a lease in the taxable value of a property, does this violate the Ohio Constitution?  The Ohio Supreme Court will hear oral arguments on this issue in HIN, LLC v. Cuyahoga County Board of Revision, the Cuyahoga County Fiscal Officer, and the Bedford Board of Education, Case

Is Including the Value of a Lease in the Taxable Value of a Property a Non-Uniform Assessment? Read Post »

Scroll to Top