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.
Tuesday, May 30, 2017
Monday, May 29, 2017
Friday, March 17, 2017
In an earlier post I promised more on Belton, Aalim, and related issues. In particular, I want to discuss how the Court, and in particular new Justices Patrick Fischer and Pat DeWine, are handling some unusual procedural issues.