State v. Aalim (Slip Opinion)

{¶ 33} I agree with the majority that the discretionary-bindover process under R.C. 2152.10(B) and 2152.12(B) through (E) does not offend due process as guaranteed by Article I, Section 16 of the Ohio Constitution. I part with the majority, however, in its determination that Article I, Section 16 provides a unique protection that R.C. 2152.10(A), which sets forth the mandatory-bindover process, violates on its face.

{¶ 34} State courts are “free to construe their state constitutions as providing different or even broader individual liberties than those provided under the federal Constitution.”…