The latest news, practice pointers and resources for Ohio appellate law
“Because the child-abuse investigator in this case was neither a law- enforcement officer nor acting under the direction or control of the police, she was not required to provide M.H. with the Miranda warnings and his confession was not obtained in violation of his due-process rights.”
Justice Kennedy, lead opinion
“In light of the totality…
“As we stated in Carnes, a juvenile adjudication is not unreliable for risk-assessment purposes.”
Justice Kennedy, majority opinion
“Buttery is being punished as an adult based on acts he committed as a juvenile. This is fundamentally unfair.”
Justice Donnelly, dissenting opinion
On May 21, 2020, the Supreme Court of Ohio handed down a merit…
Update: On December 3, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Are you saying that’s the reason that the interview took place by the social worker, to be the shill for the police?”
Chief Justice O’Connor, to counsel for M.H.
“How do you discern…
On September 20, 2018, by a 4-3 vote, the Supreme Court of Ohio dismissed In re L.G. Slip Opinion No. 2018-Ohio-3750, as improvidently accepted. The issue in the case was whether a minor’s rights against self-incrimination were violated when he was questioned in the presence of police officers by a school resource supervisor, who was…
Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
“The trial court here, and the court of appeals, have determined the facts in this case suggest that the supervisor was an agent of the police. So, what about the facts in this case…
Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
Read an analysis of the oral argument here.
On July 31, 2018, the Supreme Court of Ohio will hear oral argument in the case of In re L.G. (2017-0877). At issue in this…
Update: Read the analysis of the new merit decision here.
Oh my. The court has granted reconsideration in State v. Aalim, 2017-Ohio-2956, and this time has upheld the mandatory juvenile transfer statutes it struck down December 22, 2016, in State v. Aalim, 2016-Ohio-8278. This post is just a brief announcement of this…
Case Background
Then 15 year old Tyshawn Barker was taken into custody by police near midnight for questioning in regard to two fatal shootings. Another suspect had implicated Barker in those crimes during questioning earlier in the evening.
The police detectives electronically recorded Barker’s interrogation. Before questioning Barker, the police read him his Miranda rights.…
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…
