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
Equal Protection
Oral Argument Preview: Does Ohio’s Criminal Vehicle Forfeiture Statute Constitute an Excessive Fine? State of Ohio v. James O’Malley
By Marianna Bettman on
Read an analysis of the argument here.
On May 12, 2021, the Supreme Court of Ohio will hear 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.
Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.
By Marianna Bettman on
Update: Batista filed a cert. petition with the U.S. Supreme Court on March 23, 2018. The state waived response. The petition was denied on April 23, 2018.
On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C.…
Oral Argument Preview: Is Section of Felonious Assault Statute Singling Out Sexual Conduct of HIV Positive Persons Unconstitutional? State of Ohio v. Orlando Batista.
By Marianna Bettman on
Merit Decision: A Surprising Application of the New Judicial Federalism. State v. Mole.
By Marianna Bettman on
On July 28, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Mole, 2016-Ohio-5124. In a 4-3 opinion authored by Chief Justice O’Connor, joined in full by Justices Pfeifer and O’Neill, the court struck down R.C. 2907.03(A)(13) on its face, on equal protection grounds. The statute, a subsection of…
Justice Pfeifer finds his Ohio Federal Judicial Soul Mate on the Death Penalty in Judge Greg Frost
By Marianna Bettman on
Update: Ohio Attorney General DeWine appealed the stay of execution order in the Lorraine case to the U.S. Supreme Court. On February 8, the U.S. Supreme Court declined to lift the stay of execution.
As I have previously written here and here, Justice Paul Pfeifer has really stepped up his public criticism of Ohio’s…