Latest Case This Week: State v. Jones (Ohio)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

Read More

State v. Jones

Court: Supreme Court of Ohio

Citation: 2019-Ohio-5159

Opinion Date: December 17, 2019

Judge: Stewart

Areas of Law: Animal / Dog Law

The Supreme Court accepted the State's appeal from the decision of the court of appeals concluding that a prior designation as a dangerous dog is a prerequisite to its owner being prosecuted for failing to confine a dangerous dog in violation of of Ohio Rev. Code 955.22(D), holding that a prior designation of dangerousness pursuant to section 955.222 or otherwise is not a prerequisite to prosecution for failing to abide by the statute's dangerous dog laws. Defendant was convicted of failing to confine a dangerous dog. The court of appeals reversed, holding that a previous dangerous dog designation is a prerequisite to finding a violation of section 955.22(D). The Supreme Court affirmed, albeit on different grounds, holding (1) neither due process nor statutory language requires a prior dangerous dog designation before a defendant can be prosecuted for noncompliance with section 955.22's dangerous dog provisions; but (2) the State failed to meet its burden of offering sufficient evidence to sustain a conviction for failure to control a dangerous dog.