On October 22, 2024, in State ex rel. Cincinnati Enquirer v. Bloom, 2024-Ohio-5029 (2024), the Ohio Supreme Court rejected the “lockstepping” method of approaching the Ohio Constitution and limited t stare decisis in cases interpreting the Ohio Constitution. The “lockstepping” approach, which has been subjected to a devastating critique by Sixth Circuit Chief Judge Jeffrey […]
The Ohio Supreme Court continues to decide cases involving the Ohio Constitution. In 2023, the court issued 23 opinions that addressed directly or indirectly the Ohio Constitution. These cases were listed in an in earlier OCN post and summarized under the Court Decisions menu on the website. See link. And in the first quarter of
Ohio Supreme Court, Confrontation Clause Claims, and an Independent Ohio Constitution The Ohio Supreme Court has decided a Confrontation Clause claim based on the Sixth Amendment to the U.S. Constitution in a case in which a concurring opinion explained the role of the court in addressing parallel claims under the Ohio Constitution. This is a
Carter-Confrontation Decision Read Post »
December in even-numbered years is a busy time for the Ohio Supreme Court as it rushes to decide argued cases before the biennial change in the membership of the court, and December 2022 was no exception. In December, the court decided 20 cases that directly or indirectly involved the Ohio Constitution. These and other state
December is the Busiest Month (for the Ohio Constitution) Read Post »
The Court Decisions involving Ohio constitutional issues has been updated to include the balance of cases through the end of October 2022. In addition, the Pipeline has been updated, effective November 1, 2022, to reflect cases pending before the Ohio Supreme Court that involve issues under the Ohio Constitution.
Ohio courts are not bound by the case or controversy requirements of Article III of the U.S. Constitution in determining whether cases in the Ohio courts are justiciable, but they are free to look to federal principles in developing state justiciability requirements, including the ripeness requirement. Under the Reagan Tokes Law, O.R.C. 2967.271, which became
Unlike the Eighth Amendment to the U.S. Constitution, which provides, in part, that “excessive bail shall not be required,” Article I, sec, 9, of the Ohio Constitution provides not only that “[e]xcessive bail shall not be required” but also that there is an affirmative or positive (but qualified) right to bail: “A person shall be
Ohio Constitution Network has been updated, and the Court Decisions from 2021 now includes 15 decisions of the Ohio Supreme Court in which the court addressed directly or indirectly issues concerning the Ohio Constitution. See the Court Decisions menu on the Ohio Constitutional Law and History website.
OCN Posts 2021 Ohio Constitutional Cases Read Post »
The Ohio Supreme Court ruled on July 26, 2017 that three provisions of a 2015 state law regulating the use of traffic cameras were unconstitutional. Justice Fischer wrote the majority opinion in Dayton v. State, holding that: “R.C. 4511.093(B)(1), which requires that a law-enforcement officer be present at the location of a traffic camera, infringes
Ohio Supreme Court Rules Three Restrictions on Traffic Cameras Are Unconstitutional 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.