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
Criminal Law and Procedure
Oral Argument Preview: Where Do We Draw the Line: Does Driving On, But Not Across, a Marked Line Provide Reasonable Suspicion To Support a Traffic Stop? State of Ohio v. Ryan Turner
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…
Merit Decision: Court Nixes Noncitzen’s Attempt to Withdraw Guilty Pleas; Faces Deportation After Living In U.S. Since 1986. State v. Bozso
By Marianna Bettman on
“Bozso has not presented any contemporaneous evidence that avoiding deportation motivated his decisionmaking process at or around the time he entered his guilty pleas.”
Justice French, Majority Opinion
“Because there is a reasonable probability that Bozso would not have pleaded guilty but for the erroneous advice he received regarding the possibility of relief from deportation…
Merit Decision: Court Nixes Noncitzen’s Attempt to Withdraw Guilty Pleas; Faces Deportation After Living In U.S. Since 1986. State v. Bozso
By Marianna Bettman on
“Bozso has not presented any contemporaneous evidence that avoiding deportation motivated his decisionmaking process at or around the time he entered his guilty pleas.”
Justice French, Majority Opinion
“Because there is a reasonable probability that Bozso would not have pleaded guilty but for the erroneous advice he received regarding the possibility of relief from deportation…
What’s On Their Minds: Community Control as Birth Control: Can a Community Control Condition Restrict Procreation? State of Ohio v. London Chapman.
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…
What’s On Their Minds: Is it Constitutional for A Life-Without-Parole Sentence for Aggravated Murder to be Nonreviewable? State of Ohio v. David Carl Kinney
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…
Oral Argument Preview: Community Control as Birth Control: Can a Community Control Condition Restrict Procreation? State of Ohio v. London Chapman.
Update: On December 18, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the argument here.
On July 21, 2020, the Supreme Court of Ohio will hear oral argument in State of Ohio v. London Chapman, 2019-1410. At issue in this…
Oral Argument Preview: Community Control as Birth Control: Can a Community Control Condition Restrict Procreation? State of Ohio v. London Chapman.
Update: On December 18, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the argument here.
On July 21, 2020, the Supreme Court of Ohio will hear oral argument in State of Ohio v. London Chapman, 2019-1410. At issue in this…
Oral Argument Preview: Does a Statute Requiring a Request from the Executive Branch Before a Judge Can Shorten the Registration Period of an Arson Offender Violate the Separation of Powers? State of Ohio v. Christian Carlisle
Update: On December 21, 2020, the Court dismissed this case as improvidently certified.
Read the analysis of the argument here.
Update: On July 17, 2020, the Court granted a continuance in the oral argument of this case until August 18, 2020.
On July 22, 2020, the Supreme Court of Ohio will hear oral argument in…
Oral Argument Preview: Is it Constitutional for A Life-Without-Parole Sentence for Aggravated Murder to be Nonreviewable? State of Ohio v. David Carl Kinney
Update: On December 22, 2020, in a 4-3 decision, the Court reversed the judgment of the Seventh District Court of Appeals on the authority of State v. Patrick Slip Opinion No. 2020-Ohio-6803, and remanded the case back to the Seventh District for further proceedings consistent with its opinion in Patrick. Read the analysis of…