Constitutional Cases
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Coverage since January 5, 2026

Constitutional

Ohio Court of Appeals (Eighth District)
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State v. McCalister — Eighth District reverses dismissal of OVI felony enhancement, defendant failed to make prima facie showing of unconstitutional prior plea

The Eighth District reversed the dismissal of a felony OVI enhancement, holding that the defendant failed to make a prima facie showing that a prior uncounseled conviction was constitutionally infirm where signed written waivers documented a knowing waiver of counsel.

Ohio Court of Appeals (Ninth District)
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State v. Williams — Ninth District dismisses State’s appeal, holds R.C. 2945.44 requires complete transactional immunity before compelling testimony

The Ninth District dismissed the State’s appeal of a trial court’s refusal to compel witness testimony, holding that R.C. 2945.44 requires full transactional immunity and that the State’s offer excluding murder was insufficient to compel testimony over a Fifth Amendment invocation.

Ohio Court of Appeals (Third District)
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State v. Graham — Third District reverses eight rape convictions for insufficient evidence of separate acts, affirms remaining counts

The Third District reversed eight of nine rape convictions involving a minor victim, holding that the State failed to present sufficient evidence to distinguish each count as a separate act, while affirming convictions on one rape count and two gross sexual imposition counts.

Ohio Court of Appeals (Third District)
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State v. Lundeen — Third District upholds constitutionality of Ohio’s distracted driving statute, rejects GPS-use defense

The Third District affirmed a conviction under R.C. 4511.204, Ohio’s distracted driving statute, rejecting constitutional challenges based on equal protection, due process, and vagueness, and holding that holding a phone for GPS navigation while driving violates the statute.

Ohio Court of Appeals (Eleventh District)
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State v. Noble — Eleventh District reverses sentence for violation of defendant’s right of allocution

The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.

Ohio Court of Appeals (Twelfth District)
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State v. Toshniyazov — Twelfth District reverses denial of plea withdrawal, requires Strickland analysis for noncitizen’s IAC claim

The Twelfth District reversed the trial court’s denial of a noncitizen defendant’s motion to withdraw his no-contest plea, holding that the court was required to apply the Strickland two-prong test when the motion was premised on counsel’s failure to advise of immigration consequences under Padilla v. Kentucky.

Ninth Circuit
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United States v. Sanchez — Ninth Circuit Adopts ‘Heavy Presumption of Prejudice’ Standard When Racially Biased Juror Is Removed Mid-Deliberation

The Ninth Circuit holds that when a racially biased juror is discovered and removed before a verdict is accepted, courts must apply the Remmer framework’s heavy presumption of prejudice—and reverses a tax-fraud conviction because the government could not rebut that presumption.

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