In an article I wrote for the June 2014 issue of The Cleveland Bar Journal, entitled, “A Free Online Guide for Researching the Ohio Constitution”, I discuss why knowledge of the Ohio Constitution is important for Ohio lawyers and law students. A recent dissent by Ohio Supreme Court Justice Paul E. Pfeifer drives this […]
In re A.G., 2014-Ohio-2597 A teenager does not have a right to attend and participate in a visitation hearing under the Open Courts provision of the Ohio Constitution, Article 1, Section 16 or under due process provisions of the U.S. Constitution. Docket,Oral Argument Video,Oral Argument Summary, Opinion Summary.
Teen’s Constitutional Rights Not Violated When Barred From Visitation Hearing Read Post »
The Ohio Supreme Court affirmed the decision of the lower court finding that liberal group ProgressOhio lacked standing to challenge JobsOhio legislation. ProgressOhio.org, Inc. v. JobsOhio, 2014 Ohio 2382, The court interpreted Ohio Constitution Article IV, Section 4(B) which concerns the jurisdiction of the common pleas court. The court further found that the provisions of the
Oaktree Condominium Association v. Hallmark Building Company, 2014-Ohio-1937. Construction statute of repose, codified in R.C. 2305.131,is unconstitutional as applied to plaintiff who filed a claim for damages after the statute’s effective date but plaintiff’s claim arose before the effective date. Application of the statute of repose to bar plaintiff’s lawsuit violates the Ohio Constitution, Article
Retroactivity Provision Violated by Application of Construction Statute of Repose Read Post »
When the Ohio General Assembly exercises its right under the Ohio Constitution to limit municipal taxing authority, it must do so explicitly. The language of a statute prohibiting municipal taxation need not be specific as to the type of tax limited, if the language of the statute explicitly prohibits a broad range of taxes. The case dealt with former
Recent Ohio Supreme Court Cases on Legislature’s Ability to Restrict Municipal Taxation Read Post »
The Ohio Supreme Court held that the Cuyahoga Common Pleas Court did not have jurisdiction to review a case claiming improper fees charged by a municipal court. Lingo v. State, Slip Opinion No. 2014-Ohio-1052. The Common Pleas Court decided that it had jurisdiction because Wohl, clerk of the Berea Municipal Courts, is an administrative officer.
Common Pleas Court Lacks Jurisdiction to Review Muni Court Costs Read Post »
City of Cleveland v. State of Ohio, 2014-Ohio-86. The state law governing tow-truck operations (R.C. 4921.25) is a general law, however, the second sentence of the statute violates the Ohio Constitution’s Home Rule Amendment. The following language is severed from the statute, “Such an entity is not subject to any ordinance, rule, or resolution of
Cities Have Home Rule Power to Regulate Tow Trucks, Supreme Court Rules Read Post »
State v. Boykin, 2013-Ohio-4582 (Ohio Oct. 22, 2013) held that neither the Ohio Constitution, Ohio Revised Code or case law require the sealing of a criminal record based on a pardon. The Ohio Constitution also militates against Boykin’s argument that a pardon automatically entitles the recipient to have the record of the pardoned conviction sealed.
Ohio Constitution Does Not Require Sealing of Criminal Record Upon Governor’s Pardon Read Post »
The Ohio Supreme Court applied the Ohio Constitution’s retroactivity provision, Article II, Section 28, Ohio Constitution, to determine whether an amendment to the prejudgment interest statute in 2004 applied to a cause of action accruing in 2002, filed and dismissed without prejudice in 2003, and then refiled in 2008. The court held that, “Because the
Generally, if a conviction is reversed because of an error at trial, a retrial does not violate double jeopardy. If a conviction is reversed because of insufficient evidence, a retrial violates double jeopardy (Ohio Constitution, Article I, Section 10). What if the trial court erroneously took judicial notice of a fact necessary to prove the