“The risk-assessment determination made by the General Assembly in enacting R.C. 2923.13 does not undermine the rehabilitative purpose of the juvenile-justice system, nor does it give rise to the due-process concerns we were called upon to resolve in Hand. Framed differently, the lack of a right to a jury trial, as well as other
Constitutional Law
Merit Decision: Court OK’s Use of Juvenile Adjudication as an Element of Adult Offense of Having Weapon Under Disability. State v. Carnes.
By Marianna Bettman on
“The risk-assessment determination made by the General Assembly in enacting R.C. 2923.13 does not undermine the rehabilitative purpose of the juvenile-justice system, nor does it give rise to the due-process concerns we were called upon to resolve in Hand. Framed differently, the lack of a right to a jury trial, as well as other…
What’s On Their Minds: Must a School Safety and Security Supervisor Mirandize a Minor Before Questioning Him At School in Police Presence? In re L.G.
Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
“The trial court here, and the court of appeals, have determined the facts in this case suggest that the supervisor was an agent of the police. So, what about the facts in this case…
What’s On Their Minds: Must a School Safety and Security Supervisor Mirandize a Minor Before Questioning Him At School in Police Presence? In re L.G.
Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
“The trial court here, and the court of appeals, have determined the facts in this case suggest that the supervisor was an agent of the police. So, what about the facts in this case…
What’s On Their Minds: Defendant on Post-Release Control, New Felony Offense, Required Plea Advisements. State of Ohio v. Dustin Bishop.
Update: On December 21, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So you would have trial judges just sit there and read from a script to the defendant, which is a universal script and then put the paper down, and that’s it?”
Chief Justice…
What’s On Their Minds: Defendant on Post-Release Control, New Felony Offense, Required Plea Advisements. State of Ohio v. Dustin Bishop.
Update: On December 21, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So you would have trial judges just sit there and read from a script to the defendant, which is a universal script and then put the paper down, and that’s it?”
Chief Justice…
Oral Argument Preview: Must a School Safety and Security Supervisor Mirandize a Minor Before Questioning Him At School in Police Presence? In re L.G.
Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
Read an analysis of the oral argument here.
On July 31, 2018, the Supreme Court of Ohio will hear oral argument in the case of In re L.G. (2017-0877). At issue in this…
Oral Argument Preview: Defendant on Post-Release Control, New Felony Offense, Required Plea Advisements. State of Ohio v. Dustin Bishop.
Update: On December 21, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On July 18, 2018, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Dustin Bishop, 2017-1715. The…
Merit Decision: Divorce Court’s Sua Sponte Appointment of Guardian Ad Litem for Adult Party Both Immediately Appealable and Wrong. Thomasson v. Thomasson
By Marianna Bettman on
“It violates an adult’s right to due process to treat the adult as an incompetent and to deprive that adult of his or her autonomy without an adjudication that the adult is incompetent and without prior notice and an opportunity to be heard on the issue of his or her competency.”
Justice Fischer, majority opinion…
Merit Decision: Divorce Court’s Sua Sponte Appointment of Guardian Ad Litem for Adult Party Both Immediately Appealable and Wrong. Thomasson v. Thomasson
By Marianna Bettman on
“It violates an adult’s right to due process to treat the adult as an incompetent and to deprive that adult of his or her autonomy without an adjudication that the adult is incompetent and without prior notice and an opportunity to be heard on the issue of his or her competency.”
Justice Fischer, majority opinion…