Ohio's County Law Libraries Spared....For Now
Note that all of the above is subject to change because nothing has yet been set in stone.
News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.
SB 107 TOWNSHIP OFFICIALS Replaces the name "township clerk" with the name "township fiscal officer." Full Text
SB 108 PARITY AID PAYMENTS To eliminate the payment of state parity aid to community schools. Am. 3314.08 Full Text
SB 109 911 SERVICE PAYMENTS To require health care policies, contracts and agreements that provide coverage for 9-1-1 emergency services to pay the provider of the services directly. En. 1753.281 & 3923.651 Full Text
SB 110 COMMUNITY SCHOOLS To revise the Community School Law, to place a two-year moratorium on the establishment of new community schools sponsored by entities other than the school districts in which they would be located and to create the Joint Study Committee on Ohio's Community Schools. Am. 3314.012, 3314.013, 3314.015, 3314.02, 3314.03, 3314.12, 3314.18, 3314.19, 3314.21 & 3314.22 Full Text
HB 138 TAX PAYMENT INTEREST RATE To reduce the rate at which interest accrues on estate tax and personal property tax overpayments and underpayments, to change the penalty for late estate tax payments and filings, and to authorize county auditors to forgive such penalties for good cause. Am. 5703.47, 5719.041, 5731.22, & 5731.23 Full Text
HB 139 LAND CONVEYANCE To authorize the conveyance to Liberty Township of all of the state's right, title and interest in certain real estate located in Trumbull County. Full Text
HB 140 BEER/LIQUOR SAMPLES To authorize entities involved in the manufacture or distribution of beer or intoxicating liquor to conduct consumer product instruction, or provide sample servings of their products, at an event at a retail permit holder's premises without having to obtain a retail liquor permit. 4303.251 Full Text
State v. Mason 2003-2146 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-791
State v. Barlow 2004-0049 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-790
State v. May 2004-0240 & 2004-0372 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-789
State v. Horton 2004-0523 Appeal dismissed as improvidently accepted. 3/16/2005 2005-Ohio-788
State v. Glavic 2004-0537 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-787
State v. Johnson 2004-0690 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-786
State v. Haynie 2004-1049 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-785
State v. Nipper 2003-1782 Appeal dismissed as improvidently accepted. 3/16/2005 2005-Ohio-784
State v. Roux 2003-1886 & 2003-1887 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-783
State v. Back 2003-2182 Criminal procedure — Assessment and collection of court costs — Court of appeals’ judgment affirmed on the authority of State v. White. 3/16/2005 2005-Ohio-782
State v. Danison 2003-2155 Criminal law — Sentencing — Appeals — R.C. 2953.02 — Order of restitution imposed by sentencing court on a felony offender is final and appealable order. 3/16/2005 2005-Ohio-781
State ex rel. Waver v. Gallagher 2004-1502 Criminal law – Sentencing – R.C. 2945.05 -- Jury-trial waiver on specifications – Alleged failure to procure defendant’s waiver in writing cannot be remedied in mandamus or prohibition. 3/16/2005 2005-Ohio-780
State ex rel. Bortoli v. Dinkelacker 2004-1473 Criminal law – Motion to vacate guilty plea – Procedendo will not issue to compel performance of act already performed.
SB 106 STATE PARK PARKING FEES To prohibit the Division of Parks and Recreation in the Department of Natural Resources from charging a fee to park a motor vehicle in a park that the state does not own but that the Division manages and to declare an emergency.
HB 128 EDUCATION CHOICE To establish the Educational Choice Scholarship program for students in academic watch and academic emergency school districts.
HB 129 ELECTION LAW To revise the Election Law. Full Text
HB 130 RADIOACTIVE WASTE To create the High-level Radioactive Waste Transportation Study Commission to review and evaluate issues relating to the transportation of high-level radioactive waste in this state.
HB 131 RADIOACTIVE MATERIAL To require a person shipping certain radioactive material within or through this state to provide the Emergency Management Agency with notice of the shipment and pay the Department of Public Safety a fee for each shipment, and to establish the Radiation Response Fund. Full Text
HB 132 PERFORMANCE BUDGETING To require performance budgeting by most state agencies and to require performance audits of those agencies. Full Text
HB 133 EDUCATION COLLECTIVE BARGAINING To eliminate an exemption from the Public Employees' Collective Bargaining Law for specified educational employees. Full Text
HB 134 VEHICLE INSURANCE To require proof of financial responsibility to be submitted as a condition of registering a motor vehicle and of being issued or renewing a driver's license
HB 135 SOCIAL SECURITY NUMBERS To prohibit the inclusion of an individual's Social Security number on copies of documents submitted for recording in the office of the county recorder, and to create an affirmative defense to associated civil liability of a good faith effort to comply with the noninclusion requirement. Full Text
HB 136 CHILD SUPPORT Relative to paternity actions and interest on child support arrearages. Full Text
HB 137 JUVENILE RECORDS To revise the procedure by which a juvenile court may seal records of alleged and adjudicated delinquent and unruly children and adjudicated juvenile traffic offenders.
"Hamilton County Common Pleas judges can impose only a minimum sentence for anyone who has never spent time in prison before, the 1st District Court of Appeals has ruled.
Friday's decision comes on the heels of another appellate court decision in February that says judges cannot impose a maximum prison term.
In both cases, the appeals court said juries in Ohio must play a role in sentencing. The problem? Ohio's court system doesn't allow juries to participate in sentencing."
The problem was created when the U.S. Supreme Court decision that threw out Washington State's sentencing laws. In a 5-4 ruling in Blakely vs. Washington, the court threw out a state law that allowed judges to increase a defendant's sentence without input from a jury. Although the decision supposedly applied only to Washington, a ripple effect has started throughout the country in other states' appellate courts.
Cutter v. Wilkinson, 03-9877, seeking a ruling on whether the Religious Land Use and Institutionalized Persons Act is constitutional as applied to state prisoners. This case has been recognized as one of the most important religion cases of the term.
Wilkinson v. Austin, 04-495, which asks the Court to determine how much process is due before a prisoner is transferred to a “supermax” prison facility. Attorney General Petro will appear for the State of Ohio in this case, marking the first time since William Saxbe that a sitting Attorney General argued on behalf of Ohio.
Mitchell v. Stumpf, 04-637, a death penalty case that seeks to clarify whether a defendant who states in open court that his attorney has explained the elements of the charges against the defendant can later escape his guilty plea by merely alleging that his attorney did not in fact do so.
Wilkinson v. Dotson, 03-287, which asked the Court to determine what is the appropriate vehicle for a prisoner to use in pursuing a claim that prison officials used the wrong procedures in his parole hearing. A decision was handed down by the high court last week.
The Ohio AG's office has an announcement concerning the above.