Mapp v. Ohio - 367 U.S. 643 (1961)

Eighth District Court of Appeals of Ohio (Case No. 24,699)

Attorney Kearns filed an appeal to the Eighth District Court of Appeals of Ohio, Cuyahoga County, on September 16, 1958. As basis for the appeal, he listed several errors in the Court of Common Pleas' proceedings, including the following:

  • Sections 2905.34 and 2905.35 of the Ohio Revised Code, under which Mapp was tried and convicted, were unconstitutional;
  • Mapp was denied her constitutional right to due process of law1;
  • The unlawfully seized evidence, obtained without a warrant, should not have been admitted;
  • The sentence denied Mapp her constitutional guarantee against cruel and unusual punishment2.

On November 12, 1958, Attorney Kearns filed a Brief of Defendant-Appellant and Reference to Assignment of Errors. In response on December 16, 1958, Assistant Prosecuting Attorney Mahon filed a Brief of Appellee. Finally, on January 23, 1959, Attorney Kearns filed a Brief in Reply of Defendant-Appellant. On March 31, 1959, Judge Joy Seth Hurd ruled that the judgment of the lower court should be upheld.

  • 1 U.S. CONST. amend. XIV, §1.
  • 2 U.S. CONST. amend. VII.