self incrimination

Same Sex Marriage Ban Language May Remain in Ohio Constitution, Even Though Supreme Court Ruling Makes it Unenforceable

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In  Obergefell v. Hodges, No. 14-556 (U.S. Jun 26, 2015), the United States Supreme Court held in a 5-4 decision that the Fourteenth Amendment’s equal protection clause prohibits states from denying marriage licenses to same sex couples. Obergefell also requires states to recognize the same-sex marriages of other states.  Thus, Ohio Constitution Article XV Section 11, stating that […]

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Testimony of Defendant’s Feigned Mental Illness Violated Right to Self-Incrimination, When Defendant Had Withdrawn Mental Capacity Defense

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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

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Psychologist’s Testimony of Defendant’s Feigned Mental Illness Violated Right to Self-Incrimination, When Defendant Had Withdrawn Mental Capacity Defense Read Post »

Statements Made by State Employees Under Threat of Job Loss Must be Suppressed

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State v. Graham, 2013-Ohio-2114.  The Fifth Amendment of the U.S. Constitution and Article I, Section 10 of the Ohio Constitution concerning self-incrimination require the suppression of statements made by employees of the Ohio Department of Natural Resources (“ODNR”) during an investigation conducted by the Ohio inspector general (“OIG”).  The employees’ statements were coerced because they

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