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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

Ohio Legislature Strengthens Self-Defense "Castle Doctrine"

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | June 11, 2008 - 12:26

First years usually learn about the "castle doctrine" in their first year criminal law class. Black's Law Dictionary, 8th ed., defines the doctrine as follows:

An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm.

The law in Ohio currently places the burden on the home occupant to prove they were defending themselves from death or serious injury. Under Ohio Senate Bill 184, which will go into effect in 90 days, it will be presumed a person lawfully occupying the home (or vehicle) acted in self defense against someone who unlawfully enters the home (or vehicle). The prosecution may rebut this presumption. The new statute also grants immunity from tort actions to the home or vehicle occupier. Ohio Becomes Latest State with NRA-Backed "Castle Doctrine" Self-Defense Law,Gongwer News Service Ohio, Vol. 77, Report #112, Article #3, June 11, 2008. Also see Ohio Governor Signs 'Castle Doctrine' Bill Despite Concerns by Law Enforcement, Toledo Blade, June 11, 2008.


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Lorain County Judge Rules Ohio Execution Procedure Unconstitutional

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | June 11, 2008 - 09:50

Lorain County Common Pleas Court Judge Burge held that Ohio's lethal injection method involving a three drug cocktail is unconstitutional. Ohio's death penalty statute mandates that executions be quick and painless. The three drug method creates an unnecessary and arbitrary risk of a painful death. The judge held that the "combination of drugs" method:

"resulted in arbitrary abrogation of a statutory and substantive right of a condemned person, in violation of the Fifth and Fourteenth Amendments to the United States Constitution and Section 16, Article I of the Ohio Constitution (due process clause)"

See State v. Rivera & State v.McCloud (June 10, 2008), Lorain County Case Nos. 04CR065940, 05CR068067; Judge Rules Ohio's Method of Execution Violates Due Process ACLU's Death Penalty page, June 10, 2008; Farkas, Karen Ohio Lethal Injection Executions Unconstitutional, Lorain County Common Pleas Judge James Burge Rules,The Plain Dealer, June 11, 2008.

See our prior posts: Supreme Court Lethal Injection Ruling: What Does it Mean for Ohio? and Ohio Death Penalty News


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This Just In: Neighbor Law

Amy Burchfield, Access & Faculty Services Librarian amy.burchfield@law.csuohio.edu | June 11, 2008 - 08:43

Are noisy neighbors driving you nuts? Does your neighbor’s cherry tree hanging just a little too far onto your property? Did you neighbor just put up a ten-foot-high fence? How about your neighbor’s less-than-judicious use of the pooper-scooper?

The 6th edition of Neighbor Law: Fences, Trees, Boundaries & Noise by attorneys Cora Jordan and Emily Doskow may have the answers. It’s from the publishers at Nolo, who specialize in plain-English legal information for the general public. The book is available on the Atrium level at KF639 .Z9 J67 2008.


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