The Sixth Amendment to the U.S. Constitution gives the accused in criminal cases the right to confront witnesses against them. The U.S. Supreme Court has written a series of cases on this subject. Justice Antonin Scalia has been the leader of the strict confrontation clause jurisprudence that has evolved since. The most recent case, Bullcoming
Marianna Bettman
At What Age Should A Judge Retire?
By Marianna Bettman on
In the upcoming November election, most of the spotlight has been on two very controversial statewide ballot issues–a referendum to overturn S.B. 5, the new collective bargaining law that greatly restricts the rights of public employees, and a constitutional amendment aimed at allowing Ohioans to opt out of the federal health care reform mandate that…
At What Age Should A Judge Retire?
By Marianna Bettman on
In the upcoming November election, most of the spotlight has been on two very controversial statewide ballot issues–a referendum to overturn S.B. 5, the new collective bargaining law that greatly restricts the rights of public employees, and a constitutional amendment aimed at allowing Ohioans to opt out of the federal health care reform mandate that…
Punishment or Civil Remedy?
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
In State v. Williams the Ohio Supreme Court continues its long-running debate about whether the community registration and notification requirements of sex-offender statutes are punitive or remedial. At issue specifically is whether a convicted sex-offender can be re-classified under a newer, more stringent law than the one in effect at the time he committed the …
Punishment or Civil Remedy?
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
In State v. Williams the Ohio Supreme Court continues its long-running debate about whether the community registration and notification requirements of sex-offender statutes are punitive or remedial. At issue specifically is whether a convicted sex-offender can be re-classified under a newer, more stringent law than the one in effect at the time he committed the …
Due Process Rights at a Civil Contempt Hearing
By Marianna Bettman on
Posted in Constitutional Law, Ohio Supreme Court Watch
In my July 13 post I discussed the U.S. Supreme Court decision in Turner v. Rogers , in which the high court discussed the procedural safeguards necessary to meet due process in a civil contempt hearing in which a non-paying parent could be sent to jail. While a court-appointed lawyer was not required in the…
Should A “Deadbeat Dad” get a Court-Appointed Lawyer Before Being Jailed for Non-Support
By Marianna Bettman on
Posted in Commentary, Constitutional Law
The Sixth Amendment to the U.S. Constitution provides that in a criminal trial the accused has the right to the assistance of a lawyer. And we all know from listening to the Miranda warnings on TV cop shows that if the accused can’t afford a lawyer, one will be appointed for that person at state…
Guest Post on Battered-Woman Syndrome
By Marianna Bettman on
Posted in Guest Posts, Ohio Supreme Court Watch
On June 14 I posted my column on the Ohio Supreme Court decision in State v. Goff, in which the Court was faced with the issue of whether a woman who had murdered her husband and raised the battered-woman syndrome as a defense could be compelled to submit to a psychiatric examination by the…
Is it time to revisit the clarity/jeopardy analysis for wrongful discharge torts?
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
Let’s have some conversation about the Ohio Supreme Court decision in Sutton v. Tomco Machining, Inc., Slip Opinion No. 2011-Ohio-2723.http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-2723.pdf).
The Court decided this case June 9.
DeWayne Sutton was fired within an hour of telling the Tomco company president of an on-the-job injury. The president gave Sutton no reason for firing…
Battered-Woman Syndrome
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
In 1990, in a murder case in which a woman shot her husband while he slept, the Ohio Supreme Court first recognized the battered-woman syndrome as a defense in a criminal case. In that case, State v. Koss, Brenda Koss and a number of other…