Only One Initiative Petition will be on November 2012 Ballot

Deadline for filing signatures for ballot initiatives passes – only one ballot issue submitted.  Signatures were submitted for the  Ohio Citizens Independent Redistricting Commission Amendment, but not for others, such as the proposed medical marijuana amendments, repeal of the gay marriage ban and “Personhood Ohio” will not be on the ballot this year.  PD article.

Only One Initiative Petition will be on November 2012 Ballot Read Post »

ProgressOhio Lacks Standing re. Constitutional Challenge to JobsOhio, Franklin County Common Pleas Rules

Franklin County Common Pleas Court held that liberal group ProgressOhio lacked standing to pursue a constitutional challenge to the JobsOhio Act, specifically R.C. 187.01 et seq. and R.C. 4313.01 et seq., 129 General Assembly Am.Sub.H.B. No. 1 and amended by 129th G.A.  Am.Sub.H.B. No. 153.  ProgressOhio.org, Inc. v. JobsOhio , 2012-Ohio-2655. Columbus Dispatch Article.

ProgressOhio Lacks Standing re. Constitutional Challenge to JobsOhio, Franklin County Common Pleas Rules Read Post »

Statute Allowing Defendants to be Resentenced to Death did not Violate Retroactivity Provisions

Latest Ohio Supreme Court case: State v. Maxwell D. White, (June 14, 2012), 2012-Ohio-2583, Case No. 2009-1661. A 2005 law, allowing death penalty defendants whose sentence was overturned to be resentenced to death, does not violate the Ohio Constitution’s retroactivity provisions when applied to defendants sentenced to death on or before March 23, 2005.   

Statute Allowing Defendants to be Resentenced to Death did not Violate Retroactivity Provisions Read Post »

State Law Prohibiting City Ban on Transfat Violates Home Rule, Cuyahoga Common Pleas Rules

Cuyahoga County Common Pleas Court holds that an Ohio Statute, which prohibiting cities from enacting bans on transfats, violates the Ohio Constitution Home Rule provisions.  The statute held unconstitutional is 129th G.A. Am. Sub. H.B. 153, changes to O.R.C. 3717.53.  Akron Beacon Journal Article.    Screenshot showing judge’s order.  (Just hit Control+ a couple times to

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No Standing for Constitutional Challenge to Video Lottery Terminals at Racinos

Franklin County Court judge dismissed lawsuit filed by citizens that challenged the constitutionality of video lottery terminals at cacinos.  The dismissal was based on lack of standing.  See Plain Dealer Article and dismissal order in State ex rel.  Walgate, Franklin County Case No. 11-CVH- 10 13126.

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