Ohio Constitution - Ohio Supreme Court Opinions

State v. Horner (Aug. 27, 2010), 2010-Ohio-3830. Section 10, Article I of the Ohio Constitution not violated when indictment failed to state a mens rea, when indictment tracks language of the statute and the statute itself fails to specify mental state. Additionally, by failing to timely object to a defect in an indictment, a defendant waives all but plain error on appeal. Opinion Summary. Oral Argument. Oral Argument Summary. Docket and Briefs.

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State v. Rohrbaugh (July 20, 2010), 2010-Ohio-3286. Section 10, Article I of the Ohio Constitution prohibits amending a felony indictment if the name or identity of the crime charged is changed, absent proper waiver. The defendant in this case did not object to the change in the indictment from breaking and entering to receiving stolen property, thus waiving all but plain error. Plain error did not occur. Defendant invited the error because the amended indictment was part of a plea bargain and also defendant was not prejudiced by the change. . Opinion Summary. (Oral argument waived) Docket and Briefs. ( Note that 5th Amendment Grand Jury indictment provision is one of the few protections of the Bill of Rights that the Supreme Court has not applied to the states . Therefore, when the issue involves the grand jury and the constitution, in the state courts it is the state constitution or nothing.)

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State v. Williams (June 8, 2010), 2010-Ohio-2453, 930 N.E.2d 770. An involuntary commitment under R.C. 2945.39 does not violate the equal protection clause of the Ohio Constitution or U.S. Constitution. Opinion Summary. Oral Argument. Oral Argument Summary. Docket and Briefs.

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State v. Bodyke (June 3, 2010), 2010-Ohio-2424. Two sections of the Ohio Adam Walsh Act (AWA) that authorize the state attorney general to reclassify sex offenders who had already been classified by judges under a previous version of the law, “Megan’s Law”, are unconstitutional as they violate the separation-of-powers doctrine. Opinion Summary. Oral Argument. Oral Argument Summary. Docket and Briefs.

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State ex rel. Ohio Liberty Council v. Brunner (Apr. 29, 2010), 2010-Ohio-1845. Petitioners' proposed Constitutional amendment regarding healthcare was split into two parts by the Ohio Ballot Board. The Court granted Petitioners' petition for writ of mandamus and required the Ohio Ballot Board to approve the proposed Constitutional amendment as one part. The proposed amendment, as written by petitioners, complied with the separate-vote requirement of Section 1, Article XVI of the Ohio Constitution.

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State ex rel. Toledo Blade Co. v. Henry Cty. Court of Common Pleas, (Apr. 13, 2010), 2010-Ohio-1533. Gag order issued by common pleas judge preventing the media from reporting on a manslaughter trial until a jury was empaneled in a separate criminal case, violated the Ohio Constitution, Section 11, Article I of the Ohio Constitution (free speech and free press, and the‘open courts’ provision of Section 16, Article I. Opinion Summary. Docket and Briefs.

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State ex rel. Associated Builders & Contrs. of Cent. Ohio v. Franklin Cty. Bd. of Commrs. (Mar 25, 2010), 125 Ohio St.3d 112, 2010-Ohio-1199, 926 N.E.2d 600. Preemption analysis for home rule did not apply to county board resolution which set criteria for evaluating bids for public works contracts on basis of prevailing-wage in disappointed bidder's action against county. Home rule applied expressly only to municipalities, not to counties, and evaluation criterion challenged by bidder was not municipal ordinance or similar municipal provision having force of law. Ohio Const. Art. 18, § 3. Opinion Summary. Argument Video. Argument Summary. Docket and Briefs.

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State v. Pepka (Mar 25, 2010), 2010-Ohio-1045, 926 N.E.2d 611. Article I, Section 10 of the Ohio Constitution, which guarantees an accused that the essential facts constituting the offense will appear in the indictment, was not violated by amending the indictment for child endangering to add language that the victim suffered serious physical harm. The indictment stated that defendant was charged with a felony of the third degree, and child endangering is only a third degree felony when the victim suffers serious physical harm. Argument Video. Argument Summary. Docket and Briefs.

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Kiminski [sic] v. Metal & Wire Products Company, (Mar. 23, 2010), 2010-Ohio-1027. The General Assembly did not exceed its authority under the Ohio Constitution by enacting a statute that imposes a standard of proof for “intentional tort” lawsuits by injured workers against their employers that is more restrictive than the common law standard of proof for such claims established by decisions of the Supreme Court. Opinion Summary. Oral Argument Preview. Oral Argument Feb. 18, 2009. Argument Video. Docket & Briefs.

Klaus v. United Equity, Inc.,2010-Ohio-1014, Case no. 2008-0894. Oral Argument Feb. 18, 2009. Oral Argument Preview. Argument Video. Docket & Briefs. Reversed and remanded for the Court of Appeals to apply Kaminski.

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Stetter v. R.J. Corman Derailment Services LLC, (Mar. 23, 2010), 2010-Ohio-1029. R.C. 2745.01 does not violate an injured worker’s rights under the Ohio Constitution to a remedy for damages, or to a jury trial, open courts, due process of law, equal protection of the laws, or the separation of powers among the branches of state government. While R.C. 2745.01 restricts the common law cause of action for employer intentional torts recognized in prior Ohio court decisions, it does not eliminate that cause of action. Opinion Summary. Oral Argument Preview. Oral Argument Feb. 18, 2009 Argument Video. Docket & Briefs.

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State ex rel. Husted v. Brunner, (Oct. 6, 2009), 123 Ohio St.3d 288, 2009-Ohio-5327. Section 3, Article II of the Ohio Constitution says “[s]enators and representatives shall have resided in their respective districts one year next preceding their election, unless they shall have been absent on the public business of the United States, or of this State.” This supports state senator's claimed residency in Montgomery County because the uncontroverted evidence is that his presence in Franklin County is primarily because of his employment as a state legislator.

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Oliver v. Cleveland Indians Baseball Co. , (Oct. 1, 2009), 2009-Ohio-5030 . A tort reform statute capping the amount of noneconomic damages that a civil plaintiff may recover from a political subdivision at $250,000 other than in wrongful death cases does not violate plaintiffs’ constitutional rights to equal protection of the law and to have all factual issues in their cases, including the amount of damages, decided by a jury. Opinion Summary. Oral argument, June 16, 2009. Argument Video. Oral argument preview. Court Briefs & Dockets.

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State v. Hoover, (Sept. 30, 2009), 2009-Ohio-4993. R.C. 4511.19(A)(2), which imposes criminal penalties upon persons who refuse to consent to chemical testing upon being arrested for DUI does not violate Section 14, Article I of the Ohio Constitution. Opinion Summary. Argument Video. Oral Argument Preview. Court Briefs & Docket.

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State ex rel. LetOhioVote.org v. Hon. Jennifer Brunner, (Sept. 21, 2009), 2009-Ohio-4900. Provisions in the state’s 2010-2011 budget bill authorizing installation of up to 17,500 video lottery terminals (VLTs) at Ohio horse racing tracks are subject to a statewide voter referendum because they do not fall within any of the exceptions to the right of referendum set forth in the Ohio Constitution. Opinion Summary. Argument video.Oral argument: 9/2/2009. Docket &. Oral argument preview.

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Ohio Grocers Association et al. v. William W. Wilkins (Sept. 17, 2009), 2009-Ohio-4872. Ohio's Commercial Activities Tax (CAT), which taxes grocers based on their gross receipts, does not violate a 1936 Ohio Constitutional ban on taxing food for offsite consumption. Opinion Summary. Argument Video. Docket. Oral argument preview.

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Youngstown v. Traylor (Aug. 26, 2009), 2008-Ohio-2971. Youngstown ordinance regarding vicious dogs does not violate procedural due process under the Ohio or US Constitutions. Opinion Summary. Argument Video. Oral Argument Preview. Court Briefs & Docket.

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State ex rel. Scioto Downs, Inc. v. Brunner, (July 31, 2009), 2009-Ohio-3761Section 1g, Article II of the Ohio Constitution, as amended as approved by voters in 2008, requires the Secretary of State to approve the signatures collected for an initiative petition within 150 days before the election. The Secretary of State has no additional duty or authority to further investigate and invalidate additional partpetitions and signatures following the expiration of the constitutional deadline.

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Williams v. Spitzer Autoworld Canton, L.L.C., (July 28, 2009), 2009-Ohio-3554. Administrative Code section requiring automobile dealers to integrate all prior oral representations into the written contract is unconstitutional because it conflicts with the parol evidence rule as codified by R.C. 1302.05, and usurps the legislature's power. The legislature did not specify in the Consumer Sales Practices act that the parole evidence rule does not apply in CSPA cases. Opinion Summary. Argument Video. Oral Argument Preview. Court Briefs & Docket.

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State v. Evans, (July 7, 2009), 2009-Ohio-2974. Modifies the Deem test regarding lesser included offenses, removing the word "ever" from the second prong of the Deem test, "the greater offense cannot, as statutorily defined, ever be committed without the lesser offense, as statutorily defined, also being committed" (Section 10, Article I of Ohio Constitution, re indictment.) Opinion Summary. Argument Video. Oral argument preview. Court Briefs & Docket

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City of Lima v. State of Ohio, (June 10, 2009),2009-Ohio-2597 . Ohio S.B. 82 banning city residency requirements is constitutional. Case No. 2008-0128. (Appellate decision: City of Lima v. State of Ohio (Dec. 3, 2007), 2007-Ohio-6419, Allen County App. No. 1-07-21 - Held that S.B. 82 is unconstitutional.) Opinion Summary. Argument Video. Oral Argument Preview

also decides:

State of Ohio v. City of Akron, Case No. 2008-0418. Appellate decision: City of Akron v. State of Ohio, (Jan. 9, 2008), 2008-ohio-38 held that S.B. 82 is unconstitutional, reversing the trial court decision: City of Akron v. State of Ohio (March 30, 2007), Summit County Common Pleas Case Nos. CV2006-05-2759, CV2006-05-2797. Argument Video. Oral Argument Preview.

City of Cleveland v. State of Ohio, (Aug. 20, 2009), 2009-Ohio-4118. Reversed, based on City of Lima v. State of Ohio. Eight District: City of Cleveland v. State of Ohio, (May 22, 2008), 2008-Ohio-2655. Case decided in favor of the City.

also see these appellate court decisions:

Second District - City of Dayton v. State of Ohio (May 30, 2008), 2008-Ohio-2589, Held that S.B. 82 is constitutional.

Sixth District: - City of Toledo v. State of Ohio (Apr. 25, 2008), 2008-Ohio-1957. Held that S.B. 82 is unconstitutional, reversing the trial court decision.

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Eppley v. Tri-Valley Local School Dist. Bd. of Edn., (May 5, 2009), 122 Ohio St.3d 56, 2009-Ohio-1970, 908 N.E.2d. 401.- The saving statute for wrongful-death actions, R.C. 2125.04, does not violate the right to equal protection of the law under the Fourteenth Amendment to the United States Constitution and Section 2, Article I of the Ohio

Constitution. Opinion Summary. Oral Argument Preview. Argument Video. Court Docket & Briefs.

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Sogg v. Zurz, (Apr. 8, 2009), 121 Ohio St.3d 449, 2009-Ohio-1526, 905 N.E.2d. 187. ORC 169.08(D), which states that interest is not payable upon unclaimed funds held by the state violates Section 19, Article I of the Ohio Constitution. Opinion Summary. Oral Argument Preview. Argument Video. Court Docket & Briefs.

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State ex rel. Blank v. Beasley (Mar. 5, 2009),121 Ohio St.3d 301, 2009-Ohio-835, 903 N.E.2d. 1196. (Original mandamus action). Compensable taking under Ohio Constitution Section 19, Article I does not result when public contractor damages property, but the government did not foresee or deliberately inflict the damage. The owner must recover from the government in a separate tort action. Court Docket & Briefs.

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State v. Brewer (Feb. 18, 2009), 121 Ohio St.3d 202, 2009 -Ohio- 593, 903 N.E.2d. 284. "When evidence admitted at trial is sufficient to support a conviction, but on appeal, some of that evidence is determined to have been improperly
admitted, the Double Jeopardy Clauses of the United States and Ohio Constitutions will not bar retrial." (Paragraph 1 of the Syllabus) Opinion Summary. Oral Argument Preview. Argument Video, Court Docket & Briefs.

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Ackison v. Anchor Packing Co.., (Oct. 15, 2008), 897 N.E.2d 1118, 120 Ohio St.3d 228 , 2008-Ohio-5243. (holding that legislation establishing new evidentiary requirements for asbestos cases was remedial and did not violate the Retroactivity Clause of Art. II, §28 of the Ohio Constitution) Opinion Summary. Oral argument - 11/28/2007, Oral argument preview. Argument video. Court docket & Briefs.

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State v. Veney, (Oct. 9, 2008), 897 N.E.2d 621, 120 Ohio St.3d 176, 2008-Ohio-5200 (2008) (construing the Ohio and United States Constitutions as requiring strict compliance by trial courts with Ohio Criminal Rule 11(C)(2)(c) when accepting guilty pleas, and holding that a guilty plea must be voided when trial courts fail to explain orally that a defendant has the right to have guilt proven by the state beyond a reasonable doubt; rejecting the substantial compliance standard and requiring strict compliance with constitutionally-required notifications). Opinion Summary Oral argument video. Oral argument preview. Court Docket & Briefs.

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McFadden v. Cleveland State University (Oct. 2, 2008), 896 N.E.2d 672, 120 Ohio St.3d 54, , 2008-Ohio-4914. (holding that an appellate court's convening of an en banc proceeding to resolve an intra-district conflict in the case law of that appellate district does not violate Art. IV, §3(A) of the Ohio Constitution) Oral argument April 23, 2008. Oral Argument Summary. Argument Video. Court Docket & Briefs).

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State v. Ferguson (Oct. 1, 2008), 896 N.E.2d 110, 120 Ohio St.3d 7, 2008-Ohio-4824. (holding that the retroactive application of the 2003 amendments to Ohio’s “Megan’s Law” to sexual offenders whose crimes took place before the effective date of those amendments does not violate the prohibition in the United States and Ohio Constitutions against ex post facto laws) Opinion Summary. Oral argument preview. Court Docket and Briefs. Argument Video.

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State ex. rel Colvin v. Brunner ( Sept. 29, 2008), 120 Ohio St. 3d 110, 2008-Ohio-5041, 896 N.E.2d 979. The electors contested the secretary's directives that absentee voters be registered for 30 days as of an election. The supreme court held the secretary correctly interpreted the law because, among other reasons, neither Ohio Const. art. V, Section One,. nor RC 3503.01(A) tied the 30-day registration period to requesting, receiving, or submitting absentee ballots.

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Ohioans For Concealed Carry, Inc., et al. v. City of Clyde (Sept. 18, 2008), 896 N.E.2d 967, 120 Ohio St.3d 96, 2008-Ohio-4605, (holding that ordinance prohibiting guns in municipal parks was not a valid exercise of the city’s home rule power in that the ordinance conflicted with a general state law that permits licensed individuals to carry a concealed weapon on any public property other than at locations specified in the state statute) Opinion Summary. Oral argument summary. Court Dockets and Briefs. Argument Video.

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Burnett v. Motorists Mut. Ins. Co. (June 17, 2008), 118 Ohio St.3d 493, 890 N.E.2d 307,2008 -Ohio- 2751 (2008) (treating the limitations placed upon governmental action by the federal and state Equal Protection Clauses as essentially the same, and holding that the former statutory definition of uninsured and underinsured motor vehicles, which excluded a motor vehicle owned by, furnished to, or available for the regular use of a named insured, spouse, or resident relative of a named insured, did not violate equal protection). Oral Argument Summary, Argument Video, Court Docket and Briefs.

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State v. Hairston (May 21, 2008), 118 Ohio St.3d 289, 888 N.E.2d 1073, 2008-Ohio-2338 (2008) (holding that a sentence of consecutive prison terms totaling 134 years for home invasion robberies does not constitute “cruel and unusual punishment” under Art. I, §9). Opinion Summary. Oral argument 1-9-2008. Oral argument preview. Argument video. Court Docket and Briefs.

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McKinley v. Ohio Bureau of Worker's Comp., (Apr. 16, 2008), 2008-Ohio-1736 (court docket & briefs ) - Workers' compensation subrogation statute, ORC 4123.931 does not violate the Ohio Constitution. Decided on the basis of Groch, infra .

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State v. Colon,118 Ohio St.3d 26, 885 N.E.2d 917, 2008-Ohio-1624 (2008)(holding that a criminal defendant has a constitutional right to grand jury indictment and to notice of all the essential elements of the offenses with which he or she is charged under Art. I, §10; ruling that a defendant who has failed to object to the failure of a criminal indictment to state the mens rea that the state must prove to secure a conviction for a charged offense may raise the defect for the first time on appeal). Opinion Summary. Oral Argument preview. Argument video. Court Docket & Briefs.

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State ex rel. Sautter v. Grey (Apr. 9, 2008), 117 Ohio St.3d 465, 884 N.E.2d 1062, 2008-Ohio-1444 (2008)(stating that “failure to give reasonable notice of final appealable orders is a denial of the right to legal redress of injuries created by Section 16, Article I of the Ohio Constitution” and ordering Court of Appeals to reissue its judgment with appropriate notice) Court Docket & Briefs.

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State v. Fugate (Mar. 6, 2008), 117 Ohio St.3d 261, 883 N.E.2d 440, 2008-Ohio-856 (2008) (reasoning that the state and federal Equal Protection clauses require that all time spent in jail prior to trial by a prisoner unable to make bail because of indigency must be credited to his sentence, noting that this principle has been codified, and holding that the application of jail time credit to only one of three concurrent sentences would be a violation of the Equal Protection Clause). Opinion Summary, Oral Argument Video, Oral Argument Preview, Court Docket and Briefs.

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Groch v. Gen. Motors Corp. (Feb. 21, 2008) , 117 Ohio St.3d 192, 883 N.E.2d 377, 2008-Ohio-546 (2008) (certified question)(holding that workers' compensation subrogation statutes, ORC 4123.93 and 4123.931, and statute of repose for products liability claims, R.C. 2305.10(C) and former 2305.10(F), are facially valid and do not violate Art. I, §§2, 16, or 19, and that the statute of repose does not the one-subject rule of II §15(D); but holding that former R.C. 2305.10(F) (now (G) is unconstitutionally retroactive under Art. II, §28 insofar as it affects an accrued substantive right by providing an unreasonably short period of time in which to file suit for certain plaintiffs whose injuries occurred before the effective date of the amendment and whose causes of action therefore accrued) Opinion Summary. Oral Argument preview, Argument video, Court Docket & Briefs.

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Hyle v. Porter (Feb. 20, 2008), 117 Ohio St.3d 165, 882 N.E.2d 899, 2008-Ohio-542 (2008) (not reaching whether the retroactive application of the sex offender residency law violates Art. II, §28 because the General Assembly had not expressly made the statute retroactive) Opinion Summary. Oral argument preview, Argument video. Court Docket & Briefs

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Mendenhall v. City of Akron, 117 Ohio St.3d 33, 881 N.E.2d 255, 2008-Ohio-270 (2008) (certified question)(permitting cities to exercise home rule power under Art. XVIII, §3 to impose civil penalties for violations captured by traffic cameras as long as they do not alter statewide traffic regulations) Opinion Summary. Oral argument - 9/18/2007Oral argument preview. Argument video. Court Docket & Briefs

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Marich v. Bob Bennett Construction Co. (Jan. 17, 2008), 116 Ohio St.3d 553, 880 N.E.2d 906, 2008-Ohio-92 (2008) (holding that a city ordinance exempting city roads from state limits on vehicle size was an exercise of police power, not local self-government power, in conflict with state general laws and was thus not a valid exercise of home rule power under Art. XVIII, §3) Oral argument preview. Argument video. Court Docket & Briefs

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