Ohio Supreme Court Decisions – Page 6

Ohio Supreme Court Decisions re. Retroactivity and Adam Walsh Act

December 6, 2012 / Steven Steinglass

In re Bruce S., 2012-Ohio-5696 Senate Bill 10’s (Ohio’s Adam Walsh Act) classification, registration, and community-notification provisions cannot be constitutionally applied to a sex offender who committed his sex offense between July 1, 2007, and December 31, 2007, the last day before January 1, 2008, the effective date of S.B 10’s classification, registration, and community-notification […]

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Redistricting Plan Did Not Violate Apportionment Provisions, Ohio Supreme Court Decides

November 27, 2012 / Steven Steinglass

Ohio Supreme Court case: Wilson v. Kasich, (Original Action) 2012-Ohio-5017. Redistricting plan did not violate Article XI of the Ohio Constitution.

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State Public Utility Tariff Not a Home Rule Violation

November 15, 2012 / Steven Steinglass

Ohio Supreme Court Decision: Public utility tariff did not violate the Home Rule provision of the Ohio Constitution, although it conflicted with city ordinance requiring electric utility to bear costs of relocating overhead electric lines underground. In re Complaint of Reynoldsburg, 2011-Ohio-1274.

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Court Decides Jurisdiction Issue: Plaintiff Must Have Interest in Mortgage When Filed Complaint

October 31, 2012 / Steven Steinglass

Federal Home Loan Mortg. Corp. v. Schwartzwald, 2012 -Ohio- 5017. The Ohio Constitution provides in Article IV, Section 4(B): “The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law”. Reasoning

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Serious Youthful Offender Statute Constitutional

October 30, 2012 / Steven Steinglass

Ohio Supreme Court case: Upheld as constitutional provisions of the state’s “Serious Youthful Offender” (SYO) statute that: 1) authorize a juvenile court to invoke (activate) the previously stayed adult portion of a blended SYO sentence based on factual findings made by a judge rather than by a jury; and 2) allow a juvenile judge to

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Indigent Parent does not have Due Process Right to Attorney at Civil Contempt Purge Hearing

October 24, 2012 / Steven Steinglass

Ohio Supreme Court case: The Due Process Clauses of the Ohio and United States Constitutions do not guarantee an indigent parent the right to appointed counsel at a civil contempt purge hearing. Liming v. Damos, 2012-Ohio-4783.

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Brecksville Initiative Petition Constitutional

October 1, 2012 / Steven Steinglass

Ohio Supreme Court case: Secretary of State and Board of Elections did not violate the Ohio Constitution, Article II, Section 1f by certifying an initiative petition to be voted upon by the Brecksville electorate. The initiative petition proposed ordinances, which among other things, would require mayor to write a letter to state and federal legislative

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Court Orders Ballot Board to Change Ballot Language for Redistricting Amendment

September 12, 2012 / Steven Steinglass

Supreme Court orders the Ballot Board to change the ballot language for the Redistricting amendment. State ex. rel. Voters First v. Ohio Ballot Board, Slip Opinion No. 2012-Ohio-4149.

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Statute Allowing Defendants to be Resentenced to Death did not Violate Retroactivity Provisions

June 14, 2012 / Steven Steinglass

Latest Ohio Supreme Court case: State v. Maxwell D. White, (June 14, 2012), 2012-Ohio-2583, Case No. 2009-1661. A 2005 law, allowing death penalty defendants whose sentence was overturned to be resentenced to death, does not violate the Ohio Constitution’s retroactivity provisions when applied to defendants sentenced to death on or before March 23, 2005.

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Challenge to Freedom to Marry and Religious Freedom Amendment Dismissed

May 25, 2012 / Steven Steinglass

A challenge to the initiative petition for the The Freedom to Marry and Religious Freedom Amendment was dismissed by the Ohio Supreme Court. State ex rel. Ohio Campaign to Protect Marriage v. DeWine, 2012-0592 Docket and Complaint.

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