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due process clause in the constitution
More than 10.000 documents for due process clause in the constitution
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COLUMBUS -- The Ohio Supreme Court ruled in a 7-0 decision Wednesday that the state statutory rape law is unconstitutional as applied to sexual conduct between two children who are both younger than 13 when neither child uses force or impairs the other. The statute is unconstitutionally vague in violation of the Due Process Clause of the United States Constitution because arbitrary and discriminatory enforcement is encouraged," Justice Judith Ann Lanzinger wrote.
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PUNITIVE DAMAGES A punitive damages award based in part on a jury's desire to punish a defendant for harming nonparties amounts to a taking of property from the defendant in violation of the Due Process Clause of the Constitution.
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On appeal, Appellant asserts that the trial court abused its discretion in dismissing his motion for post-conviction relief as untimely; that the severance remedy in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, violates the U.S. Constitution; and, that the due process clause of the U.S. Constitution bars retroactive application of the severance remedy used in Foster because it operates as an ex post facto. Finding that Appellant’s post-conviction petition was untimely, we affirm the judgment of the trial court.
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The first case, ironically enough, was the one cited by President [Bush], Dred Scott v. Sandford, whose abhorrent result was produced by the application of originalist principles. Scott, a slave in St. Louis, had started a lawsuit in federal court for his freedom on the ground that he had once resided with his owner in a territory where Congress had banned slavery. On March 6, 1857, before a packed courtroom, in a faint and trembling voice, 80-year-old Chief Justice Roger Taney of Maryland announced an opinion that, according to a recent study by two former Supreme Court clerks, was "strict constructionism run amuck." The court, without apparent regard for consequences, held that, under the Constitution, Negroes in bondage were property protected by the due process clause and Congress h...
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A recent decision from the U.S. Supreme Court that a punitive damages award based in part on a jury's desire to punish a defendant for harming nonparties amounts to a taking of property in violation of the Due Process Clause of the Constitution has both the plaintiffs' and defense bars claiming victory. The Court agreed to review a $79.5 million punitive award in a tobacco case from Oregon to determine both if juries could consider harm to nonparties and whether the ratio of punitive to compensatory damages - in this case, 97 to 1 - could exceed a single-digit ratio based on the reprehensibility of the defendant's conduct.
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... among constitutional provisions, the clause prohibiting state abridgement of the "privileges o...
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Much of the academic writing about constitutional law and theory, both in the originalist and non-originalist camps, presumes that the Constitution protects at least some fundamental rights. Most originalists reject substantive due process and argue alongside Justice Hugo Black and former Judge Robert H. Bork that the only fundamental rights that are protected are the ones enumerated in the Constitution. Other originalists such as Judge Michael McConnell have written that the Privileges or Immunities Clause of the Fourteenth Amendment protects both enumerated and unenumerated rights so long as those rights are deeply rooted in history and tradition. This article then provides a list of all of the individual rights that were enumerated in the thirty-seven individual state constitutions i...
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When the trial court sentenced appellant upon adhering to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, the trial court did not violate appellant's rights as guaranteed by: (1) the Ex Post Facto Clause of the United States Constitution and a similar provision in the Ohio Constitution; and (2) the Due Process Clause of the United States Constitution.
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... the Fourteenth Amendment's Due ProcessClause requires the State to provide counsel (at a civilc... He claimed thatthe Federal Constitution entitled him to counsel at his contempt hearing. T... IIIAWe must decide whether the Due Process Clause grantsan indigent defendant, such as Turner, a rig...
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Some have criticized my decision to file a friend-of-the-court brief in the Caperton v. A.T. Massey Coal Co. case pending before the U.S. Supreme Court, and they have done so without even reading my brief. The Caperton appeal asks whether Justice Brent Benjamin of the West Virginia Supreme Court of Appeals violated the Due Process Clause of the U.S. Constitution when he cast a vote in a case involving A.C. Massey Coal Co., whose CEO had, several years earlier, independently spent significant personal funds to support Justice Benjamin's election.
