On May 11, 2022, the Supreme Court of Ohio will hear oral argument in In Re J.H., et al. A Minor Child (Appeal by A.H., Mother), 2021-0533. At issue in this case is whether a juvenile court improperly denied a pro se, indigent mother instituting child reunification proceedings her right to appointed
Constitutional Law
Oral Argument Preview: Propriety of Search of Cell Phones Found at Crash Scene. State of Ohio v. Alan Schubert
By Marianna Bettman on
Read the analysis of the oral argument here.
On April 27, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Alan Schubert, 2021-0761. At issue in this case is whether police officers may reasonably rely on a search warrant issued for a cell phone despite scant factual evidence linking…
Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
By Marianna Bettman on
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Austin M. Fuell…
Merit Decision: Court Evaluates Seizure of Personal Items from Hospital Room. State v. LaRosa
By Marianna Bettman on
On November 18, 2021, the Supreme Court of Ohio handed down a merit decision in State v. LaRosa, Slip Opinion No. 2021-Ohio-4060. In a 4-3 decision written by Justice Fischer and joined by Chief Justice O’Connor and Justices Kennedy and DeWine, the Court held that the trial court did not err in denying…
What’s On Their Minds: Can Law Enforcement Search a Backpack Found in Plain View in a Residence Without a Warrant? State of Ohio v. Kennedy M. Burroughs
By Marianna Bettman on
“Here the container may not have announced its contents by the shape of the container, but didn’t it announce its contents by what was sticking out of the container?”
Justice DeWine to counsel for Burroughs
“In your view what was the single purpose of the backpack?”
Justice Fischer, to the prosecuting attorney
On October 27…
What’s On Their Minds: Was Warrantless, Suspicionless Search of Probationer’s Cell Phone Improper? State of Ohio v. Daniel J. Campbell
By Marianna Bettman on
“Shouldn’t there be a nexus between what the person is on probation for and why they would search?”
Justice Donnelly, to the assistant county prosecutor
“So, what do we do about the fact there’s no remedy spelled out in the statute?”
Chief Justice O’Connor, to counsel for the defendant
On October 26, 2021, the Supreme…
Oral Argument Preview: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
By Marianna Bettman on
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
On November 9, 2021, the Supreme Court of Ohio will hear oral argument in M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley, 2020- 1131. At issue in this…
Oral Argument Preview: Can Law Enforcement Search a Backpack Found in Plain View in a Residence Without a Warrant? State of Ohio v. Kennedy M. Burroughs
By Marianna Bettman on
Read the analysis of the oral argument here.
On October 27, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Kennedy M. Burroughs, 2020-1304. At issue in this case is whether law enforcement officers can search a partially open backpack, found in plain view inside an individual’s home…
Merit Decision: Court Nixes Tax on Billboards. Lamar Advantage GP Co., L.L.C. v. Cincinnati
By Marianna Bettman on
“The city’s billboard tax infringes on the rights to free speech and a free press protected by the First Amendment to the United States Constitution.
Justice Kennedy, opinion of the Court
On September 16, 2021 the Supreme Court of Ohio handed down a merit decision in Lamar Advantage GP Co., L.L.C. v. Cincinnati, Slip…
What’s On Their Minds: Can Restitution be Awarded to the Crime Victim for Lost Wages for Attendance at Court Proceedings? State of Ohio v. John D. Yerkey
By Marianna Bettman on
“Where do we draw the line?”
Justice Donnelly, to the Assistant County Prosecutor
“Are you saying the prosecution is not a direct consequence of the commission of an offense?”
Chief Justice O’Connor to counsel for Yerkey
On September 22, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. John D.