due process clause of constitution

• Austin Miller Am. Antiques, Inc. v. Cavallaro, (Ohio 2011)

Trial court appropriately dismissed breach of contract action filed by an Ohio corporation against a nonresident defendant for lack of personal jurisdiction where the defendant lacked sufficient minimum contacts with Ohio to satisfy the Due Process Clause of the United States Constitution.

• Ohio Supreme Court

• District Sued Over Forced Enrollment of Autistic Boy

ALLENDALE -- The parents of a 9-year-old with autism claim that the Allendale school district is violating their civil rights by forcing them to send their child to an out-of-district program they don't approve of, according to court papers filed this week. The lawsuit, filed in federal court in Newark on Monday, says an emergent relief order granted last month by Administrative Law Judge JoAnn LaSala Candido, compelling the parents to submit their child to a program in Nutley, violates their right to make decisions about his education that are guaranteed under a due process clause of the U.S. Constitution.

• The Record, Bergen County, NJ
• December 12, 2011

• State v. Miller, (Ohio 2007)

Motion to suppress. Warrantless search. Automobile exception. Other acts evidence. Due Process Clause of the United States Constitution.

• Ohio Supreme Court

• U.S. Supreme Court Decisions: March 12, 2007

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.

• Lawyers USA
• March 13, 2007

• Groch v. Gen. Motors Corp. (Slip Opinion), Slip Opinion No. 2008-Ohio-546

Workers’ compensation subrogation statutes — R.C. 4123.93 and 4123.931 do not violate Takings Clause, Due Process and Remedies Clauses, or Equal Protection Clause of Ohio Constitution – Statutes of repose – Products liability – R.C. 2305.10 and former 2305.10(F) (now (G)) do not violate open-courts provision, Takings Clause, Due Process and Remedies Clauses, Equal Protection Clause, or one-subject rule of Ohio Constitution – Former R.C. 2305.10(F) (now (G)) is unconstitutionally retroactive to extent that it provides unreasonably short time to bring suit for plaintiffs whose injuries occurred before 2004 Am.Sub.S.B. No. 80 amendments to R.C. 2305.10.

• Ohio Supreme Court

• Pass Go, Collect $200, and Hire Yourself an Expert: Article 46 of the Uniform Code of Military Justice and the Defense's Right to a Government-Funded Expert

Overview of the Requirement to Establish Necessity The Federal System Any discussion of the defense's requirement to establish necessity before being entitled to a government-funded expert inevitably begins with the Supreme Court's 1985 seminal decision in Ake v. Oklahoma.8 Ake was an indigent charged with first-degree murder.9 At his arraignment, Ake's behavior was so bizarre that the trial judge, sua sponte, ordered him to be examined by a psychiatrist.10 The examining psychiatrist determined that Ake was incompetent and suggested that he be committed rather than stand trial.11 As a result, Ake was sent to a state mental hospital.12 However, six weeks later, the same psychiatrist opined that Ake was now competent to stand trial on the condition that he continued to be sedated with an ...

...Traditionally, the process of showing necessity in this context begins with t...'s attorney argued that the Federal Constitution entitled his indigent client to a state-funded eva... and reversed, holding that the Due Process Clause of the Constitution afforded an indigent accused w...

• Army Lawyer, The
• Nbr. 6/2008, June 2008

• Justices Say.

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.

• Dayton Daily News
• June 10, 2011

• State v. Clark, (Ohio 2007)

Request to discharge attorney and hire new counsel. Competency evaluation. Non-minimum sentence and Due Process Clause of the United States Constitution. Challenge to post-release control.

• Ohio Supreme Court

• Parker v. Upper Arlington, (Ohio 2006)

C. Chapter 2744 entitles a political subdivision to immunity from liabiltiy for a claim for monetary damages premised upon the political subdivision's installation of a dangerous crosswalk configuration. The trial court erred in entering a judgment on the pleadings dismissing plaintiffs-appellants' claim for declaratory relief, which sought a declaration that the political subdivision violated the Home Rule Amendment of the Ohio Constitution and the Due Process Clause of the federal Constitution.

• Ohio Supreme Court

• Constitutional Law

... that has gradually developed through a process in which courts interpret, apply, and explain the ... interpreted the NECESSARY AND PROPER CLAUSE to grant Congress the implied powers to enact all...

• West's Encyclopedia of American Law
• Com–Dor