Supreme Court of Ohio Case Announcements and Administrative Actions - 4/21/2005

Here is the link.

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Bd. of Commissioners on Grievances & Discipline Opinion Released

The Board's opinion page is here, the syllabus below (I'm not linking to the full text, because it's a Word document):

OPINION 2005-4

Issued April 15, 2005

SYLLABUS: In counties having more than one county court judge, it is proper for law partners and associates of a county court judge to appear in county court before another county court judge, regardless of whether or not the county court is divided into areas of separate jurisdiction. This Opinion modifies Opinions 94-2, 87-029, and Op. 87-022.

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Supreme Court of Ohio Opinions - 4/20/2005

Wednesday, April 20, 2005

2003-0779. Case W. Res. Univ. v. Wilkins, 2005-Ohio-1649.
Board of Tax Appeals, No. 1999-L-417. Decision affirmed.
Moyer, C.J., Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Lundberg Stratton, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1649.pdf

Taxation — Real Property — R.C. 5709.07, 5709.12, and 5709.121 — Building owned by university and leased to private fraternal organization for exclusive use of its members as student housing is not exempt from real-property taxation.

2004-0373. In re All Kelley & Ferraro Asbestos Cases v. Amchem Products, Inc., 2005-Ohio-1650.
Cuyahoga App. No. 82424, 2003-Ohio-7239. Judgment reversed and cause remanded.
Moyer, C.J., Carr, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Pfeifer, J., dissents.
Lanzinger, J., not participating.
Donna J. Carr, J., of the Ninth Appellate District, sitting for Resnick, J.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1650.pdf

Mass tort litigation — Asbestos — Settlement agreement with multiple asbestos producers —
Court of appeals’ judgment reversed and cause remanded on the authority of
In re All Kelley & Ferraro Asbestos Cases.

2004-0737. Galland v. Meridia Health Sys., Inc., 2005-Ohio-1654.
Summit App. No. 21763, 2004-Ohio-1416. 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-1654.pdf

2004-0757. MacMillan v. Flow Polymers, Inc., 2005-Ohio-1653.
Cuyahoga App. Nos. 83197 and 83203, 2004-Ohio-1252. 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-1653.pdf

2004-2036. State v. Baccus, 2005-Ohio-1652.
Hamilton App. No. C-040028, 2004-Ohio-5725. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1652.pdf

Criminal law — Court of appeals’ judgment reversed and cause remanded for application
of State v. Fraley.

2004-2152. State v. Smith, 2005-Ohio-1651.
Cuyahoga App. No. 84292, 2004-Ohio-6111. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1651.pdf

Criminal law — Postrelease control — Court of appeals’ judgment reversed and
cause remanded to trial court for resentencing consistent with State v. Jordan.

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State Spending Limits - Some Thoughts

Saw an article today in the Gongwer Ohio Report that chronicled the battle being waged between forces wanting to institute a state spending limit constitutional amendment (led by current Secretary of State and 2006 gubernatorial candidate Ken Blackwell's "Citizens for Tax Reform" group) and that, obviously, don't want the amendment to pass or even be put on the ballot.

Blackwell took the most recent Ohio budget bill (HB 66) to task and called it "proof positive" that a constitutional amendment was necessary. Opponents of the amendment called in a self-described Republican "budget hawk" from Colorado to spread tales of woe concerning the Rocky Mountain State's experience with a taxpayer bill of rights (TABOR). He called it "bad public policy" for Ohio.

Blackwell called all of the groups apposing the tax expenditure limit (TEL) a "van of budget busters" and boldly predicted that the measure would be passed by voters by a 4-1 margin in November.

Obviously, the 2006 governor's race has something to do with this fight, as I can see Attorney General Petro possibly lining up against Blackwell on this issue.

I'll keep an eye on this issue as it develops and report back from time to time on it.

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New Bill Introductions - 4/19/2005

SJR 15 SOCIAL SECURITY PRIVITIZATION (Dann) To memorialize the Congress to reject any plan to privatize the Social Security Program by cutting the Program's guaranteed benefits or diverting money from the Program into private investment accounts. Full Text

SB 126 COUNTY HOSPITALS (Wachtmann) To modify the laws governing county hospitals Am. 133.07, 140.03, 140.05, 325.19, 339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14, 339.16, & 339.17 and Rep. 339.092 Full Text

SB 127 LAKE ERIE COAST (Grendell) To revise the law governing coastal management and the control of erosion along Lake Erie. Am. 317.08, 1501.01, 1504.02, 1506.01, 1506.02, 1506.06, 1506.08, 1506.10 to 1506.12, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, & 6121.04; En. 1506.49; and Rep. 1506.37 Full Text

HB 200 CREDIT CARD GROSS RECEIPTS TAX (Blessing) To impose a tax on the gross receipts of credit card companies for the purpose of funding state and local government and to credit the amount of such tax paid against any corporation franchise tax paid by the company. En. 5733.08 Full Text

HB 201 LIFE-SUSTAINING SUPPORT AGREEMENTS (Seaver) To give preference to the individual listed among those who may consent to withholding or withdrawing life-sustaining treatment who agrees in writing to not withhold or withdraw life-sustaining treatment from the patient and agrees in writing to incur all of the costs associated with the patient's medical care and life-sustaining treatment. Am. 2133.08, 2133.09 & 2133.15 Full Text

HB 202 DISHONORED CHECK CASHING (Webster) To authorize a payee of a check or draft to present a previously dishonored check or draft for payment by a financial institution as soon as the account drawn upon has sufficient funds and to prohibit a financial institution maintaining the account upon which a check or draft is drawn charging the payee any fee when the previously dishonored check or draft is presented for payment. En. 1349.19 Full Text

HB 203 SCHOOL HEALTH INSPECTIONS (Raga) With respect to inspections of public and nonpublic school buildings by boards of health, to require the Director of Health to establish the School Health and Safety Network to coordinate and collect data from school inspections, and to include Network inspection rules within the practice of environmental health for registered sanitarians. Am. 3707.26 & 4736.01 and En. 117.102, 3313.473, 3314.12 & 3701.93 to 3701.98 Full Text

HB 204 SPECIAL LICENSE PLATES (Latta) To creates "Operation Iraqi Freedom" license plates. En. 4503.531 Full Text

HB 205 LOCAL PROPERTY TAX FREEZE (Allen) To freeze the taxes on primary residences owned and occupied by persons 65 years of age or older. Am. 319.202, 323.152, 323.153, 323.154, 4503.06, 4503.064, 4503.065, 4503.066 & 4503.067 Full Text

HB 206 LAKE ERIE COASTAL MANAGEMENT (Martin) To revise the law governing coastal management and the control of erosion along Lake Erie. Am. 317.08, 1501.01, 1504.02, 1506.01, 1506.02, 1506.06, 1506.08, 1506.10 to 1506.12, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99 & 6121.04, En. 1506.49 and Rep. 1506.37 Full Text

HCR 14 COAL MINER POSTAGE STAMP (Domenick) To memorialize the U.S. Postal Service to issue a commemorative U.S. postage stamp honoring America's coal miners. Full Text

HCR 15 SMART ACT OPPOSITION (Smith, G.) To memorialize the Congress to oppose the State Modernization and Regulatory Transparency (SMART) Act, which would create federal insurance standards. Full Text

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HCR 16 SOCIAL SECURITY PRIVITIZATION (Cassell) To memorialize the Congress to reject any plan to privatize the Social Security Program by cutting the Program's guaranteed benefits or diverting money from the Program into private investment accounts. Full Text

HCR 17 STEELWORKERS POSTAGE STAMP (Harwood) To memorialize the U.S. Postal Service to issue a commemorative U.S. postage stamp honoring America's steelworkers. Full Text

New Ohio Court of Claims Decisions

Posted 4/19/2005:

Adkins v. Ohio Dept. of Rehab. & Corr.
Decision and judgment entry on liability. Judgment rendered in favor of plaintiff.

Roddy v. Columbus State Community College
Decision and judgment entry on liability. Judgment rendered in favor of defendant.

Dargart v. Ohio Dept. of Transp.
Decision and judgment entry on liability. Judgment rendered in favor of plaintiff.

Blausey v. Ohio Dept. of Transp.
Decision and judgment entry on liability. Judgment rendered in favor of defendant.

Likes v. Richland Correctional Inst.
Magistrate decision on liability and civil immunity. Drs. Williams and Houser, nurses Cain and Walsh, and Debra Wipert are entitled to civil immunity. Judgment recommended in favor of defendant.

Galay v. Ohio Dept. of Transp.
Decision and judgment entry on liability. Judgment rendered in favor of defendant.

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Latest Attorney General Opinions

There were two opinions posted on the AG's web site, both with the date of April 15, 2005:

2005-16:

If a county discontinues funding for the position of county administrator,
a county commissioner may not simultaneously hold both positions of
commissioner and county administrator.
The board of county commissioners may, however, assign
the duties associated with the position of county administrator to one of the
county commissioners. The commissioner may receive no additional
compensation for assuming those duties previously performed by the
county administrator.

2005-15: (This is just one part of a syllabus dealing with county buildings and concealed weapons)

Pursuant to R.C. 2923.126(B)(9), a person licensed to carry a concealed
handgun under R.C. 2923.125 or R.C. 2923.1213 may not carry a
concealed handgun into a building owned and under the charge of a board
of county commissioners, or portion of a building leased and under the
charge of the board and that is not owned by the state or a political
subdivision of the state.

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Ohio Board of Tax Appeals Merit Docket Decisions

Released 4/15/2005:

MERIT DOCKET

2003-M-2081 Wilmington Center Ltd. v. Montgomery County Board of Revision, the Montgomery County Auditor and the Board of Education of the Kettering City School District. Real Property Tax. Value found. Board members concur.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 4/18/2005

Here is the link.

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Need an Extension for Filing Your Ohio Tax Return?

Here is answer #30 from the Ohio Department of Taxation's FAQ:

30. How can I get my extension to file my Ohio income tax return?

To obtain an Ohio extension you must first request a federal extension. Ohio will automatically grant the same extension for your Ohio return, however, you must attach a copy of the federal extension (IRS form 4868) to your Ohio return. If you have requested a federal extension by telephone you will have received a confirmation number. You must attach a note to your Ohio return indicating that you have requested a federal extension by telephone and provide the federal confirmation number.

Remember, the extension is granted for filing only. If you estimate that you will owe tax, you must remit your payment by April 15th. Your payment should be remitted with form IT 40P.

Of course, if you look at the calendar, you probably realize that you're already a late filer.

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AG Petro Warns Attorneys Not to Overlook "Do Not Call" Lists

Ohio Attorney General Jim Petro issued a statement reminding the legal community that they are not exempt from the requirements of Federal and State Do Not Call laws. Attorneys contacting individuals by telephone in an attempt to solicit new clients need to insure that the consumers are not on the National Do Not Call list.

Petro went on to state that his office had received complaints about traffic accident victims being solicited by lawyers in violation of state and federal Do Not Call laws, and that they were taking all complaints seriously.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 4/15/2005

Here is the link.

Later