Ohio Supreme Court Decisions – Page 3

Cleveland’s Jock Tax Violates Due Process, but not Equal Protection

April 30, 2015 / Steven Steinglass

In Hillenmeyer v. Cleveland Bd. of Rev., Slip Opinion No. 2015-Ohio-1623, the Ohio Supreme Court found that: Cleveland’s use of the games-played method violates due process as applied to NFL players such as Hillenmeyer. Under the duty-days method, which provides due process and satisfies Cleveland’s municipal-income-tax ordinance, Hillenmeyer is entitled to a partial refund of […]

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Ohio Supreme Court holds Ohio Constitution Affords More Due Process Rights than U.S. Constitution

April 29, 2015 / Steven Steinglass

In State v. Bode, Slip Opinion No. 2015-Ohio-1519, the Ohio Supreme Court in a 4-3 decision held that a defendant’s juvenile adjudication of delinquency for DUI could not enhance the penalty for a later adult sentence for DUI, when there was no defense counsel at the juvenile adjudication, and there was no waiver of the

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Mobile Home Zoning Ordinance Violates Due Process

March 10, 2015 / Steven Steinglass

The Ohio Supreme Court held that a Lodi zoning ordinance deprives mobile-home park owners of their due process rights under the Ohio and U.S. Constitutions. The ordinance involved mobile parks in areas where current zoning prohibits mobile homes, but the mobile parks existed before the zoning prohibiting them, so they are grandfathered in. This is

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State Oil and Gas Law Preempts Munroe Falls Drilling Ordinances in Split Ohio Supreme Court Opinion

February 17, 2015 / Steven Steinglass

The Ohio Supreme Court held that City of Munroe Falls’ ordinances requiring drillers to get a conditional zoning certificate, pay a deposit for a performance bond, hold a public hearing and a wait a year before drilling were preempted by State law regulating drilling. Justice French wrote the lead opinion joined by Justices O’Connor and

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Admitting Psychologist’s Testimony of Defendant’s Feigned Mental Illness Violated Right to Self-Incrimination, When Defendant Had Withdrawn Mental Capacity Defense

January 23, 2015 / Steven Steinglass

Yesterday, the Ohio Supreme Court decided that when a defendant asserts a mental-capacity defense and then abandons it, psychologist’s testimony regarding defendant’s feigning of mental illness violates defendant’s right against self-incrimination guaranteed by Article I, Section 10 of the Ohio Constitution and the Fifth Amendment to the United States Constitution. State v. Harris, Slip Opinion

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Traffic Camera Appeals Process is Constitutional, Ohio Supreme Court Rules

December 18, 2014 / Steven Steinglass

The Ohio Supreme Court held that administrative appeals of traffic camera tickets did not unconstitutionally usurp the powers of municipal courts as set forth in the Ohio Constitution. The case involved the City of Toledo’s practice of diverting challenges to traffic camera violation notices to an administrative hearing officer set up within the police department.

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Ohio Supreme Court Holds Police Reasonably Relied on Invalid Warrants, Dissent Says Ohio Constitution May Have Offered Defendant More Protection

November 4, 2014 / Steven Steinglass

A police officer requested warrants for the arrest of Brandon Hoffman for house stripping. The request set forth the elements of the offense, name of suspect and location of offense, but contained no facts as to why officers suspected Hoffman of house stripping. A Toledo Municipal Court magistrate issued the warrants based on the request

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Statutory Requirements for Filing Asbestos Suit Did Not Violate Ohio Constitution’s Right to Remedy Provisions

October 1, 2014 / Steven Steinglass

The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution. The plaintiff asserted that these requirements violated the plaintiff’s

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Maple Heights Ordered to Put Traffic Camera Amendment on Ballot

September 22, 2014 / Steven Steinglass

When a city council received certification of required signatures for a charter amendment petition more than two weeks before the constitutional deadline to pass and ordinance, conducted two city council meeting before the deadline and failed to enact an ordinance to put the petition on the ballot, city council did not act “forthwith” as required

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Court Requiring 10% Cash Bail is Unconstitutional

July 8, 2014 / Steven Steinglass

Article I, Section 9 of the Ohio Constitution is violated when a court orders bail requiring that 10 percent of the amount be paid in cash, and prohibits a defendant from posting a surety bond for the full amount. Ohio Constitution Article I, Section 9 requires that “All persons shall be bailable by sufficient sureties …”.

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