Ohio Law

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

Wednesday, October 12, 2005

10/12/2005 - Supreme Court of Ohio Case Announcements

Wednesday, Oct. 12, 2005

2004-0883. Cobblestone Square Co., Ltd. v. Lorain Cty. Bd. of Revision, 2005-Ohio-5128.
Board of Tax Appeals, Nos. 2002-T-2024 and 2002-T-2158. Decision affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5128.pdf
Taxation – Real property – Value – Property owner fails to show economic duress was factor in fixing purchase price, when.

2004-1104. Smith v. Leis, 2005-Ohio-5125.
Hamilton App. No. C-040273. Judgment affirmed.
Moyer, C.J., Pfeifer, O'Connor and Lanzinger, JJ., concur.
Resnick, Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5125.pdf
Summary: Cash-Only Bond Violates Ohio Constitution
Criminal law – Bail – Section 9, Article I, Ohio Constitution, as amended – Cash-only bond unconstitutional under “sufficient securities” clause – Cash-only bond not authorized by Crim.R. 46 or R.C. 2937.222.

2004-1559. Fazio v. Hamilton Mut. Ins. Co., 2005-Ohio-5126.
Licking App. No. 03 CA 73, 2004-Ohio-2748. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent and would dismiss the cause as having been improvidently accepted.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5126.pdf
Summary: Insurers Could Limit Uninsured Motorist Coverage to U.S., Canada Crashes Under Former Statute
Former R.C. 3937.18 did not prohibit insurers from limiting uninsured-motorist coverage to accidents occurring in the United States and Canada.

2005-0365. Disciplinary Counsel v. Freeman, 2005-Ohio-5142.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-112. Thomas Herbert Freeman, Attorney Registration No. 0007852, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5142.pdf
Summary: Ashland, Norwalk Attorneys Suspended
Attorneys – Misconduct – Engaging in conduct adversely reflecting on fitness to practice law – Accepting employment when professional judgment will likely be affected by attorney’s personal interests – Six-month actual suspension.

2005-0382. Richland Cty. Bar Assn. v. Akers, 2005-Ohio-5144.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-013. Eric Jonathan Akers, Attorney Registration No. 0019706, is suspended from the practice of law in Ohio for 18 months, with 12 months stayed on condition.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.
O'Connor, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5144.pdf
Summary: Ashland, Norwalk Attorneys Suspended
Attorneys — Misconduct — Sharing legal fees with a nonlawyer — Conduct adversely reflecting an attorney’s fitness to practice law — Suspension with partial stay.

2005-1013. Jimison v. Wilson , 2005-Ohio-5143.
Richland App. No. 05CA20. 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-5143.pdf
Habeas corpus – Sentencing – Violation of community control – Habeas corpus not proper remedy for trial court’s alleged error in failing to notify petitioner of specific prison term that may be imposed if petitioner violates conditions of community control – State v. Brooks may not be applied to cases not pending on date of its announcement.

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