The Ohio Supreme Court released its opinion in the death penalty case of State v. Lang, 2011-Ohio-4215 on August 31. While Justice Evelyn Lundberg Stratton joined the majority in affirming Lang’s conviction and death sentence, she makes an impassioned case to ban the execution of those who are seriously mentally ill when they commit their
Constitutional Law
Ohio Supreme Court Preview: Confrontation Clause Issues
By Marianna Bettman on
Beginning in 2004, in Crawford v. Washington, the U.S. Supreme Court has written a series of very muscular decisions about the Confrontation Clause. Justice Scalia has been the leader of this trend.
In Crawford, the Court held that any testimonial statement from a witness who is unavailable to testify at trial can…
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…
Confronting Your Accuser
By Marianna Bettman on
Posted in Commentary, Constitutional Law
Michigan v. Bryant, 562 U.S. ___ (2011)
Oh-oh. A 6-2 decision from the U.S. Supreme Court, and I agree with dissenting Justice Antonin Scalia (the content of what he says, but absolutely not his tone!). I agree with him most infrequently. And in this case, even Justice Clarence Thomas, who almost always agrees with…
Confronting Your Accuser
By Marianna Bettman on
Posted in Commentary, Constitutional Law
Michigan v. Bryant, 562 U.S. ___ (2011)
Oh-oh. A 6-2 decision from the U.S. Supreme Court, and I agree with dissenting Justice Antonin Scalia (the content of what he says, but absolutely not his tone!). I agree with him most infrequently. And in this case, even Justice Clarence Thomas, who almost always agrees with…
The Fourth Amendment, Resuscitated
By Marianna Bettman on
Posted in Commentary, Constitutional Law
Most of the Fourth Amendment cases from the U.S. Supreme Court during the years of the Bush administration seemed to cut back its protections further and further, to a frightening degree. This has been especially true with car stops and ensuing searches. So the recently released case of Arizona v. Gant was a pleasant surprise,…
Students and Strip Searches
By Marianna Bettman on
Posted in Commentary, Constitutional Law
Students and Strip Searches A student at Safford Middle School named Jordan got sick after he took some pills he’d gotten from a classmate. He told the school principal and assistant principal that there were students bringing drugs and weapons to school. About a week later, Jordan handed a white pill over to Assistant Principal…
Students and Strip Searches
By Marianna Bettman on
Posted in Commentary, Constitutional Law
Students and Strip Searches A student at Safford Middle School named Jordan got sick after he took some pills he’d gotten from a classmate. He told the school principal and assistant principal that there were students bringing drugs and weapons to school. About a week later, Jordan handed a white pill over to Assistant Principal…
The Right to Confront Witnesses
By Marianna Bettman on
A recent case from the Ohio Supreme Court with simple facts shows how complex criminal law can. The case is State v. Pasqualone.
Thomas Pasqualone was stopped by a state trooper for a number of traffic violations. When asked for his driver’s license, he admitted his was suspended. The officer confirmed this and placed…