The Twenty-Sixth Amendment and the Real Rigging of Georgia’s Election

VIKRAM DAVID AMAR

Illinois law dean Vikram David Amar explains why Georgia’s law allowing persons 75 years and older to get absentee ballots for all elections in an election cycle with a single request, while requiring younger voters to request absentee ballots separately for each election, is a clear violation of the Twenty-Sixth Amendment. Dean Amar acknowledges that timing may prevent this age discrimination from being redressed in 2020, but he calls upon legislatures and courts to understand the meaning of this amendment and prevent such invidious disparate treatment of voters in future years.

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COVID Comes to Federal Death Row—It Is Time to Stop the Madness

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains the enhanced risk of COVID-19 infection in the federal death row in Terre Haute, not only among inmates but among those necessary to carry out executions. Professor Sarat calls upon the Trump administration and other officials to focus on saving, rather than taking, lives inside and outside prison.

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State v. Pendleton

Citation: 2020-Ohio-6833

Opinion Date: December 23, 2020

Judge: Donnelly

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In this appeal concerning two prison sentences that Defendant received related to 133.62 grams of powder containing detectable amounts of heroin and fentanyl the Supreme Court held that the sentence violated the double jeopardy protections of the Ohio and United States Constitutions. Defendant was sentenced on a first-degree felony conviction for trafficking in 133.62 grams of heroin and was separately sentenced on a second-degree felony conviction for trafficking in 133.62 grams of fentanyl. The court of appeals upheld the sentences, concluding that the General Assembly intended to separately punish an offender for trafficking in different types of drugs. The Supreme Court reversed, vacated the sentences, and remanded the case for resentencing, holding that the imposition of two punishments for the same, singular quantity of drugs violated Defendant's constitutional double jeopardy protections.

State v. Weber

Citation: 2020-Ohio-6832

Opinion Date: December 23, 2020

Judge: Maureen O'Connor

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court held that the right to bear arms under the Second Amendment to the United States Constitution does not include the right to carry a firearm while intoxicated, and therefore, Ohio Rev. Code 2923.15 is not unconstitutional. Defendant was found guilty of violating section 2923.15(A), which provides that no person under the influence of alcohol or drugs shall carry or use any firearm. The court of appeals affirmed the conviction. On appeal, Defendant argued that section 2923.15 violates the Second Amendment. The Supreme Court affirmed, holding (1) the constitutionality of section 2923.15 should be judged using intermediate scrutiny; and (2) the statute is constitutional under intermediate scrutiny.

State ex rel. Romine v. McIntosh

Citation: 2020-Ohio-6826

Opinion Date: December 23, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus or a writ of prohibition against Judge Stephen McIntosh of the Franklin County Court of Common Pleas, holding that the court of appeals did not err. Appellant was found guilty of all counts in two criminal cases. Judge McIntosh sentenced Defendant. Appellant then filed an original action seeking a writ of mandamus or a writ of prohibition against Judge McIntosh alleging that the judge had improperly sentenced him. The court of appeals concluded that mandamus was not available because Appellant could have challenged his convictions in a direct appeal. The Supreme Court affirmed, holding that because Appellant's sentencing entry was voidable, mandamus will not lie.

State v. Lingle

Citation: 2020-Ohio-6788

Opinion Date: December 23, 2020

Judge: Sharon L. Kennedy

Areas of Law: Criminal Law

In this case, the Supreme Court clarified what a sex offender whose offenses were committed in another state must prove pursuant to former Ohio Rev. Code 2950.09(F)(2) in order to successfully have the automatic sexual-predator classification under former section 2950.09(A) removed. The trial court here incorrectly determined that out-of-state offenders who are automatically required to register as sexual predators in Ohio must prove they are not likely to commit another sexually-oriented offense in order successfully to challenge the sexual-predator classification. The court of appeals reversed and remanded for further proceedings. The Supreme Court affirmed in part and reversed in part, holding (1) first, an out-of-state offender challenging an automatic designation as a sexual predator under former R.C. 2950.09(A) must prove by clear and convincing evidence the reason for the imposition of the lifetime registration requirement in the other state; and (2) second, the offender must prove that the reason for the lifetime registration requirement is not substantially similar to a classification as a sexual predator under former Chapter 2950.

Wilson v. Durrani

Citation: 2020-Ohio-6827

Opinion Date: December 23, 2020

Judge: Judith L. French

Areas of Law: Medical Malpractice

The Supreme Court held that a plaintiff may not take advantage of Ohio's saving statute to refile a medical claim after the applicable one-year statute of limitations has expired if the four-year statute of repose for medical claims has also expired. Plaintiffs filed a medical malpractice complaint against Defendants in the Hamilton County Court of Common Pleas. Plaintiffs previously filed their claims against Defendants in prior actions that were dismissed without prejudice before refiling their claims in Hamilton County. Defendants moved for judgment on the pleadings in both refiled cases, arguing that Ohio's medical statute of repose, Ohio Rev. Code 2305.113(C) barred the refiled claims. The trial court agreed and granted Defendants' motions. The court of appeals reversed, concluding that Plaintiffs timely refiled their claims pursuant to the saving statute and that the statute of repose did not bar the refiled claims. The Supreme Court reversed, holding that because Plaintiffs commenced their actions in Hamilton County more than four years after the alleged conduct that formed the basis of their claims, the statute of repose barred Plaintiffs' refiled actions.