On election night, Nov. 2, 2010, in the race for Hamilton County Juvenile Court Republican John Williams was ahead by 2,847 votes— 10,500 provisional ballots were not included in that count. A provisional ballot is one cast where there are questions about a voter’s eligibility. For example, voters who don’t have the right form of
Searching A Cell Phone
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
As I have written many times in this column, the Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. The Fourth Amendment also implicates privacy concerns. A person has an interest that justifies Fourth Amendment protection when that person has a legitimate, reasonable expectation of privacy in the property that is…
Searching A Cell Phone
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
As I have written many times in this column, the Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. The Fourth Amendment also implicates privacy concerns. A person has an interest that justifies Fourth Amendment protection when that person has a legitimate, reasonable expectation of privacy in the property that is…
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,…
Judicial Empathy
By Marianna Bettman on
There has been much chatter in the news lately about empathy in judicial decision making. To me, a recent decision from the Ohio Supreme Court in a nursing home context provides a good example of both empathy and the lack of it.
Resolving disputes through the procedure known as arbitration has become increasingly popular in…
It’s All in the Eye of the Beholder
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
Barberton v. Jenney, 2010-Ohio-2420
While the Ohio Supreme Court usually decides cases of great significance (the Court’s own criteria for selecting cases other than constitutional cases is that they must be of great general or public interest), sometimes it goes for the not-quite-so- significant. And the flap on those little ones can be loud and…
Silencing Miranda
By Marianna Bettman on
Posted in Commentary
Berghuis v. Thompkins, 560 U.S._ (2010)
The Miranda warnings are so ingrained in our culture most kids can probably recite them by heart. One of those warnings is the right to remain silent. A suspect in custody need not talk to the police. And if a suspect who is being interrogated invokes his Miranda rights…
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…