Separation of Powers

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What’s On Their Minds: Does the Arson Offender Statute’s Registry Reduction Provision Violate the Separation of Powers? State of Ohio v. Christian Carlisle

By Marianna Bettman on September 17, 2020

Update: On December 21, 2020, the Court dismissed this case as improvidently certified.

“If we agree with you and we sever out subsection (b) in its entirety, doesn’t your client lose?”

Justice Fischer, to counsel for Carlisle

“So, explain to me how this authority given to law enforcement can be exercised to thwart the discretion…

Oral Argument Preview: Does a Statute Requiring a Request from the Executive Branch Before a Judge Can Shorten the Registration Period of an Arson Offender Violate the Separation of Powers? State of Ohio v. Christian Carlisle

By Marianna Bettman on July 13, 2020

Update: On December 21, 2020, the Court dismissed this case as improvidently certified.

Read the analysis of the argument here.

Update: On July 17, 2020, the Court granted a continuance in the oral argument of this case until August 18, 2020.

On July 22, 2020, the Supreme Court of Ohio will hear oral argument in…

Guest Post: Which branch calls the shots on sealing criminal records? State v. Radcliff and the rapidly evolving world of record sealing.

By Marianna Bettman on July 17, 2014

This guest post summarizes the spate of cases and statutes on judicial record sealing. It is written by Priya Walia and Stephen JohnsonGrove.

Priya Walia is a rising 2L at the University of Cincinnati College of Law and is interning this summer at the Ohio Justice & Policy Center. Learn more about OJPC’s work at…