Whitespace is like air: it is necessary for design to breathe
Update: On March 4,2021, the trial court vacated the anti-procreation community control provision the Supreme Court of Ohio struck down in its decision.
“The statutory scheme does not criminalize the failure to support one’s dependents in and of itself. Rather, it penalizes an individual’s failure to provide the mandated support that he can pay…It…
“Because the child-abuse investigator in this case was neither a law- enforcement officer nor acting under the direction or control of the police, she was not required to provide M.H. with the Miranda warnings and his confession was not obtained in violation of his due-process rights.”
Justice Kennedy, lead opinion
“In light of the totality…
“The normal and ordinary use of the word ‘person’ suggests that Ohio voters would not have understood that term to include a public corporation.”
Justice French, majority opinion
“It is beyond the scope of this case to determine whether a municipal corporation is a ‘person’ protected by Marsy’s Law in relation to its proprietary functions.”…
“The normal and ordinary use of the word ‘person’ suggests that Ohio voters would not have understood that term to include a public corporation.”
Justice French, majority opinion
“It is beyond the scope of this case to determine whether a municipal corporation is a ‘person’ protected by Marsy’s Law in relation to its proprietary functions.”…
“On the facts of this case, we conclude that because Smith placed his intent at issue by claiming that his actions were accidental and not done with sexual intent, the trial court properly admitted evidence of the prior sexual-assault allegations.”
Justice DeWine, opinion of the Court
On September 22, 2020 the Supreme Court of Ohio…
Update: On December 21, 2020, the Court dismissed this case as improvidently certified.
“If we agree with you and we sever out subsection (b) in its entirety, doesn’t your client lose?”
Justice Fischer, to counsel for Carlisle
“So, explain to me how this authority given to law enforcement can be exercised to thwart the discretion…
Update: On December 22, 2020, the Court handed down a merit decision in State v. Turner, Slip Opinion No. 2020-Ohio-6773. In a 5-2 opinion written by Justice Kennedy, joined by Justices French, DeWine, Stewart and Donnelly, the Court held that driving on, but not over the outer edge white fog line is not…
Update: On December 22, 2020, the Court handed down a merit decision in State v. Turner, Slip Opinion No. 2020-Ohio-6773. In a 5-2 opinion written by Justice Kennedy, joined by Justices French, DeWine, Stewart and Donnelly, the Court held that driving on, but not over the outer edge white fog line is not…
Update: On December 18, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Did the court order him [Chapman] not to have any more children or did the court order him to make reasonable efforts not to have any more children until his child support obligations…
Further update:
Pertinent to this remand is the holding in State v. Patrick that a constitutional challenge to a sentence is not barred by R.C. 2953.08(D)(3). So, on March 12, 2021, on remand, the Seventh District first determined on the authority of Patrick that it had jurisdiction to review Kinney’s Eighth Amendment challenge to his…
