Ohio Law

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

Wednesday, November 02, 2005

11/2/2005 - Supreme Court of Ohio Decisions

Wednesday, Nov. 2, 2005

2004-0963. State v. Tate, 2005-Ohio-5511.
Cuyahoga App. No. 82871, 2004-Ohio-2007. Judgment reversed and cause remanded.
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-5511.pdf

Criminal law — R.C. 2911.02 — Robbery — Court of appeals’ judgment reversed on the authority of State v. Thomas and cause remanded.

2004-2145. Cleveland Bar Assn. v. Para-Legals, Inc., 2005-Ohio-5519.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-12. Para-Legals, Inc., Jay LeVert, and Leah Hampton are enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5519.pdf

Unauthorized practice of law – Preparing legal documents for others and appearing on behalf of others in court of law – Practice enjoined.

2005-0716. State ex rel. Graham v. Niemeyer, 2005-Ohio-5522.
Hancock App. No. 5-05-06 . 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-5522.pdf

Appeal from dismissal of complaint for writ of procedendo — Writ of procedendo denied, when.

2005-0252. State ex rel. Musial v. N. Olmsted, 2005-Ohio-5521.
Cuyahoga App. No. 84201, 2005-Ohio-95. Judgment 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-5521.pdf

Petition for writ of mandamus — Public Records Act — Confidential law-enforcement records are exempt from disclosure under Public Records Act.

2005-0752. Cleveland Bar Assn. v. Rus, 2005-Ohio-5520.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-058. Vladimir Michael Rus, Attorney Registration No. 0023776, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
O'Connor and Lanzinger, JJ., dissent and would permanently disbar respondent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5520.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys — Misconduct — Indefinite suspension — Conduct involving moral turpitude — Conduct involving dishonesty, fraud, and deceit — Conduct prejudicial to administration of justice — Conduct adversely reflecting on fitness to practice law — Failure to promptly deliver funds to client — Failure to cooperate in investigation of misconduct.

2005-0763. Toledo Bar Assn. v. Vild, 2005-Ohio-5518.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-022. Jeffrey Thomas Vild, Attorney Registration No. 0029535, is indefinitely suspended from the practice of law in Ohio.
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-5518.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys – Misconduct – Engaging in conduct adversely reflecting on fitness to practice law – Failing to promptly return client’s property – Failing to cooperate in disciplinary investigation – Intentionally failing to seek client’s lawful objective – Intentionally failing to carry out contract of employment -- Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation – Indefinite suspension.

2005-0798. Columbus Bar Assn. v. Moesle, 2005-Ohio-5517.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-048. Eric J. Moesle, Attorney Registration No. 0063653, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Lundberg Stratton, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5517.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys – Misconduct – Engaging in conduct prejudicial to administration of justice -- Engaging in conduct adversely reflecting on fitness to practice law – Engaging in conduct involving dishonesty, deceit, fraud or misrepresentation – Neglecting a legal matter – Intentionally failing to seek client’s lawful objectives – Intentionally failing to carry out contract of employment – Causing damage to a client – Failing to return client’s funds promptly – Failing to cooperate in disciplinary proceeding – Indefinite suspension.

2005-0823. Disciplinary Counsel v. Dragelevich, 2005-Ohio-5515.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-024. J. Walter Dragelevich, Attorney Registration No. 0019672, is indefinitely suspended from the practice of law in Ohio.
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-5515.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys — Misconduct — Felony conviction — Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation — Engaging in conduct adversely reflecting on fitness to practice law — Indefinite suspension with credit for time served.

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