On September 21, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Eddie Burns, 2020-1126. At issue in this case is whether a grand jury can indict a juvenile whose case was transferred to adult court on charges the juvenile court determined were not supported by probable
Criminal Law and Procedure
What’s On Their Minds: Does Allegedly Biased Questioning by the Trial Judge Require Reversal Based On Structural Error? State of Ohio v. James R. West
“What’s a jury to think if the judge is acting in this way and there’s no objection?”
Chief Justice O’Connor, to counsel for West
“You’re not saying that we can never notice structural error without an objection, are you?”
Justice Brunner, to the assistant county prosecutor
On June 30, 2021, the Supreme Court of Ohio…
What’s On Their Minds: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the arrest warrant at issue sufficiently complied with Crim R. 4 even with the absence of…
What’s On Their Minds: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the arrest warrant at issue sufficiently complied with Crim R. 4 even with the absence of…
Merit Decision: Court Okays Investigatory Stop of Motorist Based on Tip From Unidentified Witness. State v. Tidwell
Update: On September 30, 2021, Tidwell was found guilty of one count of OVI.
“Based on the totality of the circumstances then confronting the officer, we hold that his investigatory stop of Tidwell was reasonable and thus did not violate the Fourth Amendment to the United States Constitution.”
Justice Donnelly, opinion of the Court
On…
Merit Decision: Court Okays Investigatory Stop of Motorist Based on Tip From Unidentified Witness. State v. Tidwell
Update: On September 30, 2021, Tidwell was found guilty of one count of OVI.
“Based on the totality of the circumstances then confronting the officer, we hold that his investigatory stop of Tidwell was reasonable and thus did not violate the Fourth Amendment to the United States Constitution.”
Justice Donnelly, opinion of the Court
On…
Oral Argument Preview: Does Allegedly Biased Questioning by the Trial Judge Require Reversal Based On Structural Error? State of Ohio v. James R. West
On June 30, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. James R. West, 2020-0978. At issue in this case is whether a trial judge’s line of allegedly biased questioning constitutes structural error requiring automatic reversal.
Case Background
On October 2, 2017, James West was in a…
Oral Argument Preview: Does Allegedly Biased Questioning by the Trial Judge Require Reversal Based On Structural Error? State of Ohio v. James R. West
On June 30, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. James R. West, 2020-0978. At issue in this case is whether a trial judge’s line of allegedly biased questioning constitutes structural error requiring automatic reversal.
Case Background
On October 2, 2017, James West was in a…
Oral Argument Preview: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the arrest warrant at issue sufficiently complied with Crim R. 4 even with the absence of…
Oral Argument Preview: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief Justice O’Connor and Justice Fischer, the Court held that the arrest warrant at issue sufficiently complied with Crim R. 4 even with the absence of…