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

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Ohio Constitutional Modernization Commission Meetings – Sept. 12, 2013

Meetings on Thursday,  September 12, 2013: Commission:  Ohio Constitutional Modernization Commission Time:              2:00PM – 4:00PM Room:            Thomas J. Moyer Judicial Center, Judicial Education Center Room 281, Columbus, Ohio 9 A.M. Committee:             Bill of Rights & Voting Room:                        Statehouse Room 114 Presentations:Dean Steinglass will offer a brief review of Articles V and

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Senate Joint Resolution Proposes Amending Ohio Constitution to Allow Legislature to Invalidate Regulations

S.J.R. 4, introduced on Sept. 3, 2013 proposes an amendment to the Ohio Constitution, Section 1h, Article II to authorize the General Assembly to invalidate rules proposed or adopted under a statute, and to create and empower one or more joint committees of the Senate and House of Representatives to review rules that have been

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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. 

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Chief Justice Urges Changes to Judicial Election be made by Constitutional Modernization Commission

The Chief Justice of the Ohio Supreme Court, Maureen O’Connor, addressed the Ohio Constitutional Modernization Commission concerning possible changes to judicial elections. She urged the panel to act next year to put a least one proposed constitutional amendment before voters, one that would move judicial elections to odd-numbered years. That change would mean judicial candidates

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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,

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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

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Proposed Amendment to Legalize Marijuana Rejected by AG

The Responsible Ohioans for Cannabis filed an initiative petition with the Ohio Attorney General, entitled The End Ohio Cannabis Prohibition Act of 2012.  The Attorney General rejected the petition because it did not contain a fair and truthful summary of the proposed amendments.  The summary did not mention several parts of the proposed amendment.   For

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Federal Judge Rules Ohio Constitution’s Gay Marriage Amendment Likely Violates Equal Protection

Southern District of Ohio judge, Timothy S. Black, granted a temporary restraining order prohibiting the Cincinnati Department of Health from accepting a death certificate for Plaintiff John Arthur that does not record his status at the time of death as “married” and his “surviving spouse” as James Obergefell.  The court found that it is likely

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