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 »
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 »
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 »
The Ohio Supreme Court ruled that Frederick Kinsey, one of the parties in State ex rel. Walgate v. Kasich, has standing to challenge the constitutionality of a 2009 voter-approved amendment to the Ohio Constitution that permits limited casino and “racino” gambling operations. In order to have standing, the Court requires a plaintiff to show that
Ohio Supreme Court: Standing to Challenge Gambling Amendment Read Post »
The Ohio Supreme Court ruled in State v. Broom that it is not “cruel and unusual punishment” or double jeopardy to make a second attempt at executing the same person after the first attempt failed. The 4-3 decision was issued last Wednesday, with the majority opinion finding that since the medical team had failed to
Ohio Supreme Court Rules in Death Penalty Case Read Post »
The Ohio Supreme Court held that a “Community Bill of Rights” charter amendment, which would ban fracking in Youngstown, must go on the ballot. See Alliance Review, Court orders anti-fracking issue back on ballot in Youngstown The Mahoning County Board of Elections had refused to put it on the ballot, stating that it was contrary
Youngstown Anti-Fracking Charter Amendment Must Be on Ballot, Ohio Supreme Court Says Read Post »
State ex rel. Wilen v. Kent, Slip Opinion No. 2015-Ohio-3763. A city charter can not require a higher number of signatures in order to get a proposed charter amendment on the ballot than what is required by the Ohio Constitution Article XVIII, Section 9. Docket. See Cleveland.com Ohio Supreme Court rules Kent officials unconstitutionally blocked
City Charter Can Not Require More Signatures for Ballot Issue Than Ohio Constitution Read Post »
State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749. In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority
County Charters Restricting Oil and Gas Operations will not be on the Ballot Read Post »
The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search. See CourtNewsOhio, Officer Had No Authority to Make