Cleveland Law Library Weblog

U.S. Supreme Court Rejects Challenge to Lethal Injection

In a 7-2 vote in the case of Baze v. Rees, the United States Supreme Court rejected a claim that death by lethal injection in 36 states, including Ohio, was unconstitutional. Although 2 death-row inmates had claimed that the process could cause excruciating pain in violation of the 8th Amendment's ban on cruel and unusal punishment, the Court's syllabus explains that "to constitute cruel and unusual punishment, an execution method must present a 'substantial' or 'objectively intolerable' risk of serious harm," which includes "wanton and unnecessary infliction of pain, torture, or lingering death." Experts believe that challenges can still be made on the basis of lack of protocol in implementing the procedure, mistakes, and a substiantial risk of harm. See the article from law.com, as well as the article from the Cleveland Plain Dealer about current actions pending in Ohio and the belief that the moratorium on executions in Ohio will probably be lifted soon. Click here and here to read our prior posts about pending and dismissed Ohio actions.

ODJFS Ordered to Disclose Foster Care Provider Identities

On April 9, 2008, the Ohio Supreme Court held that the Cincinnati Enquirer was entitled to records from the Ohio Department of Job and Family Services (ODJFS) identifying the names and addresses of certain certified foster care providers. The Court's opinion specifically stated that its decision did not require disclosure of information about public assistance recipients or information in a child welfare database, but that ODJFS had to disclose identities that were not otherwise protected. Interestingly, the Court's Press Release indicated that since the Newspaper's request was made in 2006, it was not subject to a new law excepting provider information under Ohio's new Public Records Act. A good summary of Ohio's public records and open meetings laws can be found in the Attorney General's brand new "Yellow Book." See also our prior post on the new public records law.

Cuyahoga County to Switch Voting Equipment Again

The Plain Dealer reports that voters will have to contend with yet another voting system for the November 2008 presidential election. The local Cuyahoga County Board of Elections has scrapped plans to use "central-count" optical scan machines it rented for the March primary and will change to "precinct-based" optical scanning machines for November. These new machines would apparently allow voters to review their ballot choices before their votes are counted and they leave the polls. Whether the county will buy or rent this new equipment is still up-in-the-air, but vendors are scheduled to provide quotes by April 28th in anticipation of making formal presentations on May 1st.

North Royalton Considering Outdoor Smoking Ban

The City of North Royalton, Ohio is considering passing a new ordinance to prohibit smoking in parks, fields, and outdoor seating areas. Newsnet5 reports that the ban was proposed in response to complaints about smoking around children at their sports games. The City' Council's Safety Committee will hold a public hearing on the issue on April 15th. North Royalton already has an ordinance (#620.04) that prohibits smoking in indoor, public places. The entirety of Chapter 620 is devoted to clean indoor air, but section 620.06 contains various exceptions, some of which may conflict with Ohio's anti-smoking laws.

U.S. 6th Circuit Implementing Mandatory ECF

The federal Sixth Circuit Court of Appeals will soon be implementing mandatory electronic case filing. According to a Notice the Court recently posted on its home page, the system will operate similar to the ECF systems being used in many federal district courts, with some differences. In addition, filers will have to re-register with PACER for the 6th Circuit even if they are already registered to file in district court. Potential filers are also asked to watch the Sixth Circuit's website for additional, upcoming information.

Ohio LSC Publishes Brief on Election Process

Adding to its growing collection of publicly-available "Members Only" publications, the Ohio Legislative Service Commission has published a brief entitled "An Overview of Ohio's Election Process."  This brief provides information on Ohio's election officials, voter registration, electors, candidacy, types of elections, ballots, voting, polls, recounts, election contests, campaign finance, required notices and federal election laws.

Cuyahoga BOE Investigating Cross-Over Voters

Cuyahoga County's Board of Elections recently initiated an investigation of voters who switched their party affiliation for the March 4th presidential primary. This investigation began because over 16,000 Republicans in Cuyahoga County declared themselves as Democrats by signing a required affidavit of allegiance to their new party. Falsifying this affidavit carries with it with the potential for a felony 5 conviction with 6-12 months in jail and a $2,500 fine pursuant to Ohio Revised Code secs. 3513.20 and 3599.36. Allegations that voters were trying to rig the November election to help John McCain succeed could lead to subpoenas and prosecution. The Plain Dealer indicated that a report from the BOE was expected by March 31st, but it has not yet been issued.

Cuyahoga County CP Court Posts Documents re: Proposed Foreclosure Mediation Program

On March 24, 2008, the Cuyahoga County Common Pleas Court posted documentation regarding a proposed Foreclosure Mediation Program. The plan outlines steps which should be taken once a foreclosure complaint has been filed. Step 4 allows for a borrower to request mediation and requires the lender to complete a questionnaire. The Mediation Department would then review both documents at Step 5  and determine whether the case should be mediated or returned for further foreclosure proceedings. The remaining steps outline the process of holding prepatory meetings, the mediation itself, filing of the mediation report, and ongoing assessment and community outreach efforts. Judge Eileen T. Gallagher is accepting comments on the proposal through April 7, 2008. Click here to read our prior post about the Ohio Supreme Court's issuance of an Ohio Model Foreclosure Mediation Program.

Cuyahoga County to Build New Juvenile Justice Center

The Plain Dealer reports that Cuyahoga County has awarded $40 million in contracts for the construction of a new Juvenile Justice Center on the East side at East 93rd and Quincy Avenue. The project is slated for completion by 2010 and will include space for judges and a juvenile detention center. Although the location was purchased in 2000, the Plain Dealer reports that Juvenile Court Judges did not want to move from their present location until the issue was resolved in late summer 2006. The County's existing juvenile detention center, which has been plagued with issues of over-crowding, is located on Central Avenue in Cleveland.

Mark D. Lay Settles Civil Suit With Ohio BWC for $5 Million

Crain's Cleveland Business and the Columbus Dispatch report that Mark D. Lay has agreed to pay the state $5 million to settle the civil suit the state filed in June 2005 to try and collect $216 million in losses to the Ohio Bureau of Workers Compensation fund. Lay was embroiled in a larger scandal at the Bureau for his part in losses from a Bermuda hedge fund. The docket in this case can be found by searching Docket No. 05 CV 006357 at the Franklin County Clerk of Court's website. Lay is currently seeking a new trial on his Akron federal district court convictions for investment advisory fraud, conspiracy to commit mail and wire fraud, and mail fraud. For information on his criminal case, search Docket No. 1:07-cr-00339-DDD-1 on PACER.