On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, the court struck down R.C. 2907.03(A)(13) on its face, on equal protection grounds. The statute, a subsection of
Constitutional Law
Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.
By Marianna Bettman on
On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, the court struck down R.C. 2907.03(A)(13) on its face, on equal protection grounds. The statute, a subsection of…
What’s On Their Minds: Permissibility of Disparate Treatment for Capital Defendants in Postconviction Review of Applications for DNA Testing. State v. Noling.
Update: On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to do that. In a capital case, they (capital defendants) get a bite at the apple of…
What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.
Case Background
In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up in the U.S. Supreme Court, were statements made by L.P., then three, to his teachers,…
What Happened on Remand After Darius Clark’s Case Was Reversed and Remanded by the U.S. Supreme Court.
Case Background
In November of 2010, Darius Clark was convicted of multiple counts of child endangerment, felonious assault, and domestic violence in relation to his girlfriend’s two small children, A.T. and L.P. At issue in this saga, which ended up in the U.S. Supreme Court, were statements made by L.P., then three, to his teachers,…
What’s On Their Minds: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson
Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
How much is too much? Is there ever such a thing? … At what point does a court have to say, stop, enough is enough?” Justice Pfeifer, to the prosecutor.
On May 31,…
Oral Argument Preview: How Many Times Can A Criminal Defendant Be Re-Tried? State of Ohio v. Christopher L. Anderson
Update: On September 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the augment in this case here.
On May 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Christopher…
Merit Decision: No Constitutional Violations in Domestic Violence Conviction. State v. Arnold
On April 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Arnold, 2016-Ohio-1595. In a 4-3 opinion written by Chief Justice O’Connor, joined by Justices Pfeifer and Kennedy, in which Justice French concurred in judgment with a separate opinion, the court upheld the conviction in this domestic violence…
Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.
By Marianna Bettman on
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…
Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.
By Marianna Bettman on
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…