The Ohio Constitutional Modernization Commission, created in 2011 by HB 188, was scheduled to wrap up in 2021. However, the Commission has been eliminated early by the recent budget bill, HB 49 passed on June 28, 2017. The final meeting of the Commission occurred on June 8, 2017, and the final reports of the Commission […]
Ohio Constitutional Modernization Commission Ends After Six Years Read Post »
Cleveland-Marshall College of Law Dean Emeritus, and current Senior Policy Advisor of the Ohio Constitutional Modernization Commission, Steven Steinglass was recently quoted extensively in an article on Cleveland.com, published May 22, 2017. The article, New State, New Constitution is part of a series exploring the issues of potentially carving a new state out of Northern
Steven Steinglass Quoted in Recent Article About Creating New Constitution Read Post »
The Court Decisions page of the Ohio Constitution: Law and History guide has been updated with the final cases of 2016 that interpreted constitutional issues. On December 22, 2016, the Ohio Supreme Court examined the constitutionality of state statutes requiring the mandatory transfer of juvenile offenders to adult courts, and ultimately ruled the statutes unconstitutional.
The Ohio Supreme Court issued a 4-3 decision in State v. Mole, Slip Opinion No. 2016-Ohio-5124, on July 28, 2016. The issue before the Court was whether R.C. 2907.03(A)(13) violated the equal protection clause of the United States and Ohio constitutions. The felony sexual battery statute prohibited sexual conduct by a peace office with a
Ohio Supreme Court Strikes Down Peace Officer Sexual Battery Law Read Post »
The most recent issue of the Ohio State Law Journal, volume 77, number 2 (2016) contains articles on state constitutional law, expanding on a 2015 symposium on the topic. The issue includes Constitutional Revision: Ohio Style, written by Steven H. Steinglass, Dean Emeritus and Professor Emeritus of Cleveland-Marshall College of Law, and current Senior Policy
New Article Examines Constitutional Revision in Ohio Read Post »
The Ohio Supreme Court is hearing oral arguments in two cases Tuesday, July 12, 2016, and two cases Wednesday, July 13, 2016. Live streaming video is available at this link. On July 12, in the death penalty appeal, State v. Spaulding, Case no. 2013-0536, the defendant raises a number of issues dealing with due process
Ohio Supreme Court: Constitutional Issues Argued in Death Penalty Cases Read Post »
On June 9, 2016, the Ohio Supreme Court issued its decision in In re A.G., Slip Opinion No. 2016-Ohio-3306. The case was on appeal from an Eighth District Court of Appeals decision holding that the juvenile court did not err by refusing to merge acts that would have merged in adult criminal court because criminal
Ohio Supreme Court: Double Jeopardy Protections for Juveniles Read Post »
Ohio House Joint Resolution No. 8 was introduced on May 25, 2016. The resolution proposes to amend Article 1, Section 6 of the Ohio Constitution, to prohibit slavery or involuntary servitude from being used as a punishment for committing a crime. Currently, Section 6 of Article 1 states “There shall be no slavery in this
Proposed Resolution Amending Constitution to Ban Slavery as Punishment Read Post »
In Toledo City School Dist. Bd. of Edn. v. State Bd. of Edn., the Ohio Supreme Court ruled that Article II, Section 28 of the Ohio Constitution, providing protection against retroactive laws, only applies to individuals and private corporations, not to local governments. The case arose out of funding reductions made by the Ohio Department
Ohio Supreme Court: School Boards Not Protected by Retroactivity Clause Read Post »
In an opinion issued April 28, 2016, the Ohio Supreme Court ruled that R.C. 2933.81(B) violates the due process rights of juveniles. The law presumes that a juvenile suspect’s statements made while in police custody are voluntary, if they are electronically recorded. In State v. Barker, the Supreme Court ruled in a 5-2 decision that
Ohio Supreme Court Rules Presumption of Voluntariness Violates Juveniles’ Rights Read Post »