Ohio Law

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

Wednesday, March 30, 2005

Latest Bill Introductions from the Ohio General Assembly

SB 112 BUSINESS INSTRUCTION To require one unit of business instruction in high school as a graduation requirement. Am. 3313.60 & 3313.603 Full Text

SB 113 DIABETES COVERAGE To require certain health care policies, contracts, agreements and plans to provide benefits for equipment, supplies, and medication for the diagnosis, treatment and management of diabetes and for diabetes self-management education. Am. & En. 1751.01, 1751.69, 3923.72 & 3923.72 Full Text

SB 114 PURPLE HEART TRAIL To designate Interstate Routes 70 and 71 as the "Purple Heart Trail." Am. 5533.09 Full Text

SB 115 ELECTION PETITIONS To cure omissions in and otherwise clarify the law regarding circulation of election petitions. Am. & En. 3501.38, 3503.06, 3503.14, 3513.07, 3513.261, 3501.381 & 3599.111 Full Text

HB 149 HISTORIC BUILDINGS To authorize a nonrefundable tax credit for rehabilitating a historic building. Am. & En. 5733.98, 5747.08, 5747.98, 149.307, 5703.75, 5733.47 & 5747.76 Full Text

HB 150 JUNK YARDS To increase the penalty for violating the law governing junk yards and secondhand dealers. Am. 4737.99 Full Text

HB 151 PERSONAL INFORMATION To require a person to provide certain personal information to a law enforcement officer when the law enforcement officer reasonably suspects the person is committing, has committed, or is about to commit a criminal offense. En. 2921.29 Full Text

HB 152 ER MEDICAID PAYMENTS Regarding Hospital Care Assurance Program (HCAP) services and Medicaid reimbursement for services rendered in a hospital emergency department or room. Am. 5111.02 & 5112.17 Full Text

HB 153 VEHICLE SALES TAXES To narrow the existing sales tax exemption for motor vehicle purchases by nonresidents so that it applies only to residents of a state extending a similar exemption to Ohio residents. Am. 5739.02 Full Text

HB 154 LANDFILL SITING To establish a two-year moratorium on the issuance of licenses for new construction and demolition debris facilities and to require a study concerning the impacts of construction and demolition debris facilities. Full Text

HB 155 SCHOOL DISTRICT CONSOLIDATION To establish a legislative committee to study the feasibility and economic impact of school district consolidation. Full Text

HB 156 ORGAN DONATION TAX CREDIT To create an income tax deduction for expenses incurred by a taxpayer in making an organ donation and to create an income tax credit for deceased organ donors. Am. 5747.01, 5848.08 & 5747.98 and En. 5747.81 Full Text

HB 157 PYMATUNING LAKE COMPACT To revise the Pymatuning Lake Compact. Am. 1541.31 Full Text


Unauthorized Practice of Law Hearing Schedule Set

The following schedule of cases is set for hearings by the Supreme Court's Board on the Unauthorized Practice of Law:

April 21, 2005
Case No. UPL 04-05

Ohio State Bar Association v. Burdzinski, Brinkman, Czarzasty & Landwehr, et al.,
Hearing location: Eighth District Court of Appeals, Main Courtroom (202), 1 Lakeside Avenue, Cleveland, OH, at 10 a.m.

May 12, 2005
Case No. UPL 03-06

Butler County Bar Assoc. v. Bruce Meadows and Nationwide Estate Planning,
Hearing location: Ohio Judicial Center, 65 South Front Street, Room 106, Columbus, Ohio at 10 a.m.

June 9, 2005
Case No. UPL 03-13

Cincinnati Bar Assoc. v. Donald L. Bailey, dba License Resque,
Hearing location: Ohio Judicial Center, 65 South Front Street, Room 104, Columbus, Ohio at 10 a.m.

July 6, 2005
Case No. UPL 02-04

Cleveland Bar Association v. CompManagement, et al.,
Hearing location: Ohio Judicial Center, 65 South Front Street, Room 106, Columbus, Ohio at 10 a.m.


AG Misses Deadline; One-Sided Argument at Court

The Ohio Attorney General's office along with Vinton County Prosecutor Timothy Gleeson jointly missed a filing deadline last year, which prohibited them from making oral or written arguments at the Supreme Court of Ohio yesterday in the matter of convicted killer Gregory B. McKnight.

The Ohio public defender’s office was there, however, and urged justices to overturn McKnight’s 2002 death sentence because the trial jury wasn’t told that one of his victims, Emily Sarah Murray, opposed capital punishment.

Prosecutor Gleeson said after the hearing that McKnight’s conviction is rock-solid and that the prosecution’s absence won’t make a difference. He said the court has the trial record to review. However, the empty prosecutor’s table irked Justice Paul E. Pfeifer, who said the state was "unfortunately, regrettably, inexcusably" absent.

Although the AG and Gleeson were not permitted to be there yesterday, they will be able to take part in subsequent federal appeals, if any.

The above was pieced together from a story in today's Columbus Dispatch (must be a subscriber to access).


Tuesday, March 29, 2005

Whistleblower Wins Decision

An Ohio Court of Claims decision released last week ruled in favor of a former Department of Transportation employee who charged the agency violated the whistleblower protection law when it forced him to resign after he questioned activities of a superior.


Justice Pfeifer's Latest Column: Seat Belts and Airbags

Here is the link for a column that discusses, among other things, the use of testimony concerning a driver's non-use of a seat belt in a products liability case.


This Week's SCO Oral Argument Schedule

Tuesday and Wednesday, March 29 and 30, 2005

Tuesday, March 29

Mahoning County Bar Assn. & Disciplinary Counsel v. Lavelle, Case no. 2004-2159

State v. McKnight, Case no. 2002-2130
Vinton County Common Pleas Court

State v. Thomas, Case no. 2004-0900
8th District Court of Appeals (Cuyahoga County)

Cuyahoga County Bar Assn. v. Freedman, Case no. 2004-2112

Wednesday, March 30

State v. Jackson, Case no. 2002-1604
Allen County

Estate of Cowling v. Estate of Cowling, Case no. 2004-1101
9th District Court of Appeals (Lorain County)

Smith v. Smith, Case no. 2004-1293
3rd District Court of Appeals (Hancock County)


SCO Case Announcements and Administrative Actions for 3/28/2005

Here is the link.