7/28/2011 The Supreme Court of Ohio today affirmed the convictions and death sentence of Duane Short of Middletown for the 2004 aggravated murders of his estranged wife, Rhonda Short, and Donnie Sweeney, a friend who had assisted Rhonda in moving out of the couple's home along with two of their three children.
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7/13/2011 The Supreme Court ruled today that imposing enhanced sex offender registration and community notification requirements included in the 2007 Ohio Adam Walsh Act (AWA) against defendants whose crimes were committed before the effective date of that law violates Section 28, Article II of the Ohio Constitution, which prohibits the general assembly from enacting retroactive laws. The entire decision can be read here.
7/12/2011 The Supreme Court of Ohio today upheld lower court rulings that a biological mother who acknowledged her same sex partner as a "co-parent" of her daughter while the two women were in a relationship did not permanently give up her sole custody of the child to create legal shared custody with the partner. Click here to read the entire decision
6/8/2011 The Supreme Court of Ohio ruled today that the state law that defines sexual activity with a child under the age of 13 as rape is unconstitutional as applied to sexual conduct between two children who are both under 13 when neither child uses force or impairs the other in any way. The entire decision can be read here.
12/30/2010 The Ohio Supreme Court ruled today that when an insurance policy excludes coverage for intentional acts, the doctrine of 'inferred intent' can be applied in cases other than those involving homicide or sexual molestation, however inferred intent applies only where an insured person's intentional act and the resulting harm are intrinsically linked, so that the act necessarily results in the harm.
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12/30/2010 The Supreme Court of Ohio ruled today that when a criminal defendant indicates intent to introduce expert testimony at trial regarding "battered woman syndrome," the court may compel the defendant to undergo a psychiatric examination by an expert chosen by the State without violating her right against self-incrimination. The trial testimony, however, is limited to information related to battered woman syndrome and whether the defendant's actions were affected by the syndrome.
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12/29/2010 The Supreme Court of Ohio today upheld as constitutional a state law enacted by the General Assembly in 2006 that provides that only federal or state regulations can limit an Ohioan's individual right to bear arms. Click here to read the entire decision.
12/29/2010 The Supreme Court of Ohio ruled today that: 1) a 2009 U.S. Supreme Court decision does not revive former Ohio statutory requirements for judges imposing consecutive sentences in criminal cases; and 2) defendants sentenced by trial judges who didn't apply these former provisions are not entitled to resentencing.
The entire decision can be found here.
12/29/2010 In a decision overruling its 1999 decision in State v. Rance, the Supreme Court of Ohio held that
when determining whether two criminal offenses arising out the same conduct are “allied offenses of similar import” that must be merged for sentencing, the state’s trial courts must consider the conduct of the accused in each case, and not merely compare the elements of the two crimes in the abstract.
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The Supreme Court Of Ohio modified its 2007 decision in State v. Bezak regarding when a trial court sentenced a criminal offender prior to July 11, 2006 and failed to properly include a statutorily mandated period of post control.
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Ohio Supreme Court rules State must prove presence of alternate juror did not prejudice defendant