Ohio Law

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

Wednesday, November 23, 2005

11/23/2005 - Supreme Court of Ohio Case Announcements

Wednesday, Nov. 23, 2005

2002-1604. State v. Jackson , 2005-Ohio-5981.
Allen C. P. No. CR2002-0011. Judgment affirmed in part and reversed in part, and cause remanded.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, J., concurs in part and dissents in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5981.pdf
Summary: Court Affirms One Death Sentence in Lima Murders, Remands Second for Resentencing
Criminal law — Aggravated murder — One sentence of death upheld and one sentence of death vacated and cause remanded for resentencing — In a death-penalty case involving the murder of a young child, the defendant is entitled, upon request, to have prospective jurors informed of that fact and to ask questions aimed at revealing bias.

2004-2110. Cleveland Bar Assn. v. Washington, 2005-Ohio-5978.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-10. Nathaniel Washington 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-5978.pdf
Unauthorized practice of law – Counseling clients and preparation of legal documents by nonlawyer on behalf of another — Practice enjoined.

2004-2159. Mahoning Cty. Bar Assn. v. Lavelle, 2005-Ohio-5976.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-110. Mark Joseph Lavelle, Attorney Registration No. 0061904, is suspended from the practice of law in Ohio for 18 months, with 12 months stayed on conditions.
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-5976.pdf
Summary: Youngstown Attorney Suspended
Attorneys—Misconduct—Neglecting an entrusted legal matter—Failure to cooperate in disciplinary proceedings—Inadequate supervision of nonlawyer employee—Conduct adversely reflecting on fitness to practice law—Conduct prejudicial to administration of justice—Eighteen-month suspension with 12 months stayed on conditions.

2004-2164. Ohio State Bar Assn. v. Cohen, 2005-Ohio-5980.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-04. Randy Cohen is enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Pfeifer and O'Donnell, JJ., concur but would also impose a $10,000 civil penalty.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5980.pdf
Unauthorized practice of law – Preparation by nonlawyer of wills, bankruptcy petitions, and dissolution pleadings for another — Practice enjoined.

2005-0180. Spivey v. Keller , 2005-Ohio-5973.
Hardin App. No. 6-04-09 , 2004-Ohio-6667. 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-5973.pdf
Family law — Visitation — Grandparents' rights — Court of appeals’ judgment affirmed on the authority of Harrold v. Collier.

2005-0386. Lobdell v. Lobdell, 2005-Ohio-5974.
Licking App. No. 2004 CA 0036, 2005-Ohio-80. Sua sponte, cause dismissed as having been improvidently accepted.
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-5974.pdf
Appeal dismissed as improvidently accepted.

2005-0548. Crigger v. Crigger, 2005-Ohio-5975.
Franklin App. No. 04AP-288, 2005-Ohio-519. 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-5975.pdf
Family law — Visitation — Grandparents' rights — Court of appeals’ judgment affirmed on the authority of Harrold v. Collier.

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