A divided Ohio Supreme Court agreed to hear proposition of law number 3, the standing issue, in ProgressOhio.org, Inc. v. JobsOhio, 2012-1272. Docket. Here is a Plain Dealer article on the decision. There is an interesting pro-standing amicus brief by the conservative group, the 1851 Center. Besides the standing issue, appellant’s other propositions of law […]
Supreme Court will Hear Standing Issue in JobsOhio Case Read Post »
Does a provision of the DNA testing statute violate the Ohio Constitution (Article IV, sections 2(B)(2)(c) and 3(B)(2)) by mandating that the denial of applications for postconviction DNA testing in death penalty cases must be appealed directly to the Supreme Court of Ohio rather than to an intermediate court of appeals? Oral argument preview. State
Smith v. Landfair, 2012 -Ohio- 5692, 12/6/12, This case was NOT decided on open courts provision of the Ohio Constitution, Ohio Constitution, Article I, Section 16, because the parties did not raise the issue in briefs or oral arguments. According to the dissent, R.C. 2305.321 , the equine activities immunity statute, violates the Ohio Constitution,
State v Roberts, 2012 -Ohio- 5684, 12/6/12, The obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective date. Applying the statute to evidence in possession of the government does not amount to
State v. Gardner: 2012 -Ohio- 5683, 12/6/12, Mere existence of an outstanding warrant does not render a later unjustified seizure lawful. Interpreting Ohio Constitution, Article I, Section 14.
Outstanding Warrant, Unknown to Police at Time of Seizure Did Not Justify Seizure Read Post »
New content posted to the Ohio Constitutional Modernization Commission’s website, including materials from the Dec. 10, 2012 meeting, Report of Proceedings ( the required year-end report that was approved for submission to the General Assembly) and Colloquium Summary.
New content posted to the Ohio Constitutional Modernization Commission’s Website Read Post »
Beaver Excavating Company v. Levin, 2012-Ohio-5776, The allocation under R.C. 5751.20 of commercial-activity-tax revenues derived from the gross receipts of the sale of motor-vehicle fuel to nonhighway purposes violates the Ohio Constitution, Article XII, Section 5a.
Ruther v. Kaiser,2012-Ohio-5685, The medical-malpractice statute of repose found in R.C. 2305.113(C) does not extinguish a vested right and thus does not violate the open courts provision, Ohio Constitution, Article I, Section 16. (Hardy v. VerMeulen, 32 Ohio St.3d 45, 512 N.E.2d 626 (1987), overruled.)
Medical Malpractice Statute of Repose Does Not Violate Open Courts Provision Read Post »
In re Bruce S., 2012-Ohio-5696 Senate Bill 10’s (Ohio’s Adam Walsh Act) classification, registration, and community-notification provisions cannot be constitutionally applied to a sex offender who committed his sex offense between July 1, 2007, and December 31, 2007, the last day before January 1, 2008, the effective date of S.B 10’s classification, registration, and community-notification
Ohio Supreme Court Decisions re. Retroactivity and Adam Walsh Act Read Post »
Ohio Supreme Court case: Wilson v. Kasich, (Original Action) 2012-Ohio-5017. Redistricting plan did not violate Article XI of the Ohio Constitution.
Redistricting Plan Did Not Violate Apportionment Provisions, Ohio Supreme Court Decides Read Post »