Court decides two cases held for Aalim II

Earlier I noted that the Court had accepted some cases and held for the decision on the motion for reconsideration in State v. Aalim. Aalim II was decided in May, and I wrote at the time that I expected the held cases to be affirmed. It took four months, but today the Court affirmed State v. Belton and State v. Lee on the authority of Aalim II.

Justice DeWine's concurrence in Aalim II

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.

Court reverses itself in State v. Aalim

Last week the Court granted a motion to reconsider its December 2016 decision in State v. Aalim, and reversed its prior holding.

More on Belton, Aalim, and disqualifications

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.