Ohio Supreme Court Holds Police Reasonably Relied on Invalid Warrants, Dissent Says Ohio Constitution May Have Offered Defendant More Protection

A police officer requested warrants for the arrest of Brandon Hoffman for house stripping.  The request set forth the elements of the offense, name of suspect and location of offense, but contained no facts as to why officers suspected Hoffman of house stripping.  A Toledo Municipal Court magistrate issued the warrants based on the request […]

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Ohio Supreme Court will Decide Whether Outside Salespeople are Employees under Ohio Constitution’s Minimum Wage Provision

The Ohio Supreme Court agreed to hear  an appeal of the Second District’s decision in  Haight v. Cheap Escape Co., 2014-Ohio-2447. This case held that by adopting the language of Article II, Section 34a of the Ohio Constitution, Ohio voters intended to abolish the minimum wage exemptions contained in the federal Fair Labor Standards Act

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Voting Rights of Felons, Mentally Ill, Discussed by Ohio Constitutional Modernization Commission Committee

On October 9, 2014, the Ohio Constitutional Modernization Commission’s Bill of Rights and Voting Committee heard testimony from Professor Douglas A. Berman concerning the voting rights of felons.  Ohio Constitution Article V, Section 4  gives the General Assembly the power to exclude felons from voting.  Ohio law permits felons to vote upon release, but not

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Amend Ohio Constitution for Fairer Property Tax for Farmers?

According to a recent Dayton Daily News Article, farmers in Ohio expect bigger tax bills due to: 1)  A huge increase in farmland values and 2) A higher tax rate imposed by taxing authorities. Because property values as a whole have decreased, thanks to decreasing residential property values, local taxing authorities  must raise rates to

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Bottle Deposit Constitutional Amendment Proposed

The Ohio Attorney General approved an initiative petition for a bottle deposit program in Ohio.   According to a Cleveland.com article: “The constitutional amendment would require state lawmakers to pass a law establishing a 5- to 10-cent refundable deposit on all glass, metal and plastic containers sold at retail. Consumers could return the containers at

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Ohio Constitutional Modernization Commission Meetings – October 9, 2014

The following meetings will take place at the Statehouse in Columbus, Ohio on Thursday, October 9, 2014: 10:00 a.m. Bill of Rights and Voting Committee – Statehouse Room 116 .  Presentation by  Douglas A. Berman, Professor of Law, Moritz College of Law, on Article V, Section 4 (Exclusion from Franchise).  Discussion of  Article V, Section

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Statutory Requirements for Filing Asbestos Suit Did Not Violate Ohio Constitution’s Right to Remedy Provisions

The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution.  The plaintiff asserted that these requirements violated the plaintiff’s

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New: Ohio Constitutional Modernization Commission Rules of Procedure and Conduct

The Ohio Constitutional Modernization Commission adopted  Rules of Procedure and Conduct. These rules create a formal process for proposals to the Commission, procedures for reviewing existing constitutional provisions and proposed amendments to the constitution, and procedures for making recommendations to the Ohio General Assembly. See OCMC Press Release

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Maple Heights Ordered to Put Traffic Camera Amendment on Ballot

When a city council received certification of required signatures for a charter amendment petition more than two weeks before the constitutional deadline to pass and ordinance, conducted two city council meeting before the deadline and failed to enact an ordinance to put the petition on the ballot, city council did not act “forthwith” as required

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Ohio Constitutional Modernization Commission September Meetings (Edited)

All meetings are on Thursday, September 11, 2014 at the Statehouse in Columbus, Ohio: 9:00 a.m. Public Education and Information Committee AND Liaison with Public Offices Committee – Statehouse Room 114 Organization and Administration Committee – Statehouse Room 116 This committee recessed until 1:15 pm this afternoon when the meeting will reconvene in Statehouse Room

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