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 State v. Aalim. Show all posts
Showing posts with label State v. Aalim. Show all posts
Wednesday, September 27, 2017
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.
Tuesday, May 30, 2017
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.
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.
Monday, May 29, 2017
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.
Friday, March 17, 2017
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.
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