On May 12, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. James O’Malley, 2020-0859. At issue in this case is whether Ohio’s criminal vehicle forfeiture statute constitutes an excessive fine in violation of the Eighth Amendment to the U.S. Constitution or Article I Section 9 of the
Criminal Law and Procedure
What’s On Their Minds: Addressing Potential Conflicts of Interest With Joint Representation In Criminal Cases. State of Ohio v. Marshall Williams
Update: On September 15, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here
“So, are you saying that just by looking at the fact that they are husband and wife and they are charged, that’s a conflict?”
Chief Justice O’Connor to the assistant public defender
“What…
What’s On Their Minds: Can a Judge Use a Defendant’s Outbursts in Court to Increase his Sentence? State of Ohio v. Manson M. Bryant
“How can a court really determine whether someone is remorseful?”
Justice Stewart, to the Assistant Public Defender
“Where in the statute does it say the judge can consider courtroom behavior at sentencing to impose additional terms related to what the legislature says can punish the crimes of robbery and burglary?”
Justice Donnelly, to the Assistant…
What’s On Their Minds: Is Closing a Trial to the Public Reversible Error? State of Ohio v. Khairi Bond
“Did the trial court actually make specific findings to support whatever level of closure it believed was appropriate?”
Justice Brunner to the Assistant Prosecuting Attorney
“What about the fact that the Fifth District didn’t seem to follow U.S. Supreme Court precedent?”
Justice DeWine, to counsel for Bond
On March 30, 2021, the Supreme Court of…
Oral Argument Preview: Can a Judge Use a Defendant’s Outbursts in Court to Increase his Sentence? State of Ohio v. Manson M. Bryant
Update: Read an analysis of the argument here.
On April 14, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Manson M. Bryant, 2020-0599. At issue in this case is whether a defendant’s expletive laden outburst directed at the judge after his sentence was announced constitutes a…
Oral Argument Preview: Can a Judge Use a Defendant’s Outbursts in Court to Increase his Sentence? State of Ohio v. Manson M. Bryant
Update: Read an analysis of the argument here.
On April 14, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Manson M. Bryant, 2020-0599. At issue in this case is whether a defendant’s expletive laden outburst directed at the judge after his sentence was announced constitutes a…
Oral Argument Preview: Expectation of Privacy in a Hospital: Should Personal Items Seized Without a Warrant from a Suspect’s Hospital Room Be Suppressed? State of Ohio v. Jacob LaRosa
What’s On Their Minds: How Much Training is Required for School Teachers and Staff to Carry Firearms in Ohio’s Schools? Erin G. Gabbard, et al. v. Madison Local School District Board of Education, et al.
Update: On June 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If we say 109 (R.C. 109.78(D)) doesn’t apply, then do we allow non-law enforcement personnel to carry a weapon, hoping they do the right thing with it?”
Justice Stewart, to counsel for Madison…
Oral Argument Preview: Can the Alleged Crime Victim Sit with the Prosecutor at Counsel Table During a Criminal Trial? State of Ohio v. Theodis Montgomery
Read an analysis of the oral argument here.
On January 27, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Theodis Montgomery, 2020-0312. At issue in this case is whether allowing the alleged victim to sit with the prosecutor at counsel table throughout the trial in front…
Merit Decision: Youth Must Be Considered as a Factor in Life With Possibility of Parole Sentence. State v. Patrick.
“Additionally, we conclude that the difference between a sentence of life in prison with parole eligibility after a term of years and a sentence of life without the possibility of parole is not material for purposes of an Eighth Amendment challenge by an offender who was a juvenile when he or she committed the offense.”…