Yesterday I noted Justice DeWine's concurrence in Aalim II, and promised to write a bit more. And so--as I see Justice DeWine jog down the street past my office window--here is that post.
The majority opinion in Aalim II is a rejection of a due-process challenge to Ohio's statutory scheme providing for mandatory bindover of juveniles to common pleas court if certain factors are met. Justice DeWine agrees with the conclusion that the scheme is in fact constitutional, but writes separately to emphasize his belief that the Court has conflated procedural and substantive due process standards.
Stick with me--this is more interesting than you might think.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Showing posts with label Chief Justice Maureen O'Connor. Show all posts
Showing posts with label Chief Justice Maureen O'Connor. Show all posts
Tuesday, May 30, 2017
Tuesday, December 13, 2016
Court affirms death penalty
The Court today affirmed the death penalty imposed on Steven Cepec, who was convicted of the aggravated murder of Frank Munz in 2010. Cepec had raised arguments relating to Miranda violations, ineffective assistance of counsel, the competency of adverse witnesses, and other issues, all of which were rejected by at least six justices.
Justice O'Neill concurred in part and dissented in part without opinion, which I interpret to mean that he concurred in the convictions, but dissented with respect to the sentence of death. Justice O'Neill has previously written that he would hold the death penalty to be unconstitutional.
Justice O'Neill concurred in part and dissented in part without opinion, which I interpret to mean that he concurred in the convictions, but dissented with respect to the sentence of death. Justice O'Neill has previously written that he would hold the death penalty to be unconstitutional.
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