Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, August 31, 2005

8/31/2005- Supreme Court of Ohio Decisions Released

Wednesday, Aug. 31, 2005

2004-0900. State v. Thomas, 2005-Ohio-4106.
Cuyahoga App. No. 82674, 2004-Ohio-1907. Judgment reversed and cause remanded.
Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur.
Moyer, C.J., and O'Donnell, J., concur in judgment only.
O'Connor, J., dissents and would affirm the judgment of the court of appeals.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4106.pdf
Summary: Theft Offense Not Elevated to Robbery if Flight Attempt That Causes Injury Is Not ‘Immediate’

2004-1550. Cleveland Bar Assn. v. Pearlman, 2005-Ohio-4107.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-05. The board's recommendation is rejected and the cause is dismissed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4107.pdf
Summary: Non-Lawyer Officer May ‘Represent’ LLC in Small Claims Court, Within Legal Limits

2004-2175. Disciplinary Counsel v. Givens, 2005-Ohio-4104.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-11. Greg P. Givens is enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4104.pdf
Summary: Non-Lawyer Filing of County, Federal Court Actions In Name of 3rd Party is Unauthorized Practice of Law

2005-0448. State ex rel. Brady v. Pianka, 2005-Ohio-4105.
Cuyahoga App. No. 85490, 2005-Ohio-377. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4105.pdf
Writ of prohibition sought to prevent municipal court from proceeding in a forcible-entry-and-detainer case — A pending appeal from a declaratory-judgment action does not deprive a municipal court of jurisdiction over forcible-entry-and-detainer action — Rule of jurisdictional priority does not apply if the first case does not involve the same cause of action as the second case — Court of Appeals’ dismissal of petition affirmed.

2005-0629. State ex rel. Smith v. Cuyahoga Cty. Court of Common Pleas, 2005-Ohio-4103.
In Mandamus. Writ granted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4103.pdf
Mandamus – Forum non conveniens does not apply to intrastate transfers – Civ.R. 3(C)(4) – Transfer of venue on fair-trial basis must be to adjoining county – Writ will issue to vacate order transferring venue, when.

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