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
Appellate Review
Merit Decision. Failure to Raise Constitutional Challenges Below Proves Fatal. State v. Quarterman.
By Marianna Bettman on
On September 23, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Quarterman,2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justice Judy Lanzinger concurred in judgment only, the Court…