Latest 2 Cases: Youngstown City School District Board of Education v. State (Constitutional Law), State ex rel. Harris v. Turner (Criminal Law)

Disaster Relief to States and Cities Is Both Right and Good: Part 1 of 2

NEIL H. BUCHANAN

In this first of a series of columns about federal relief to state and local governments, UF Levin College of Law professor and economist Neil H. Buchanan provides the economic background to explain how unprecedented these times are and argues that supporting cities and states is essential to surviving this crisis.

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Youngstown City School District Board of Education v. State

Citation: 2020-Ohio-2903

Opinion Date: May 13, 2020

Judge: Maureen O'Connor

Areas of Law: Constitutional Law, Education Law

The Supreme Court held that 2015 Am.Sub.H.B. No. 70 (H.B. 70) does not usurp the power of city school boards in violation of Ohio Const. art. VI, 3, and the bill received sufficient consideration for purposes of Ohio Const. art. II, 15(C). The purpose of H.B. 70 was to enact new sections within Ohio Rev. Code Chapter 3302 to authorize community schools and school districts to create community learning centers at schools where academic performance was low. After the bill was signed into law, Appellants moved for a declaratory judgment and permanent injunction, arguing that H.B. 70 was unconstitutional, as was the General Assembly's legislative process in enacting it. The trial court denied the motion for preliminary injunction and declaratory judgment, and the court of appeals affirmed. The Supreme Court affirmed, holding that the enactment of H.B. 70 violated neither the three-consideration rule articulated in Article II, Section 15(C) nor the right of voters to decide the number of members and the organization of the district board of education, as guaranteed by Article VI, Section 3.

State ex rel. Harris v. Turner

Citation: 2020-Ohio-2901

Opinion Date: May 13, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of habeas corpus against the warden of the North Central Correctional Complex, holding that the complaint failed to state a cognizable claim in habeas corpus. Specifically, the Supreme Court held that the district court correctly found that Appellant's sentence was not void and correctly rejected Appellant's claim that the trial court lacked subject-matter jurisdiction. Further, the Supreme Court denied Appellant's motions for judicial notice, holding that the Court was precluded from granting judicial notice.