Ohio Law

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

Friday, May 27, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions - 5/27/2005

Here is the link.

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Coingate: $10-12 Million Missing

The Toledo Blade reports on the latest in the burgeoning Coingate scandal:

The Ohio Attorney General’s office announced yesterday that the state of Ohio will immediately pursue civil and criminal measures against Maumee coin dealer Tom Noe after his legal counsel informed the state that a substantial amount of assets from his Capital Coin Funds are missing.

Mr. Noe’s legal counsel advised the state that $10 million to $12 million of the state’s assets held by Capital Coin are unaccounted for.

The Ohio Bureau of Workers’ Compensation has invested $50 million with Mr. Noe’s rare-coin funds since 1998.

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Ohio Among States Supplying Viagra to Sex Offenders

Count the Buckeye State among the latest to reveal that they have been paying for Viagra for sex offenders. The Columbus Dispatch (subscription required) reports that Ohio has given free Viagra and other drugs for erectile dysfunction to 13 rapists and sex offenders during the last 16 months for which it has paid $3,968.

The state Medicaid program has stopped covering such drugs for sex offenders, said Jon Allen, spokesman for the Ohio Department of Job and Family Services. All new prescriptions will be checked against the state's sex-offender registry, Allen said.

This has been the latest thing as state after state is now checking their Medicaid Viagra drug lists against their sex offender registration databases.

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Thursday, May 26, 2005

Ohio Attorney General Opinions

Here are the latest:

SYLLABUS: 2005-021
Because of the statutory powers granted to the Ohio Turnpike Commission
pursuant to R.C. Chapter 5537, the Ohio Turnpike Commission is not required to
comply with Ohio’s licensed vendor program, established pursuant to R.C.
3304.28 to R.C. 3304.35, in the provision of vending operations at service plazas
on the Ohio Turnpike. Therefore, the Ohio Turnpike Commission is not required
to permit the Bureau of Services for the Visually Impaired to determine whether
to provide vending services operated by licensed vendors at newly reconstructed
Ohio Turnpike service plazas before the Ohio Turnpike Commission may contract
with private vendors for the provision of those services.

SYLLABUS: 2005-022
A person may serve as a part-time administrative hearing officer for a county
child support enforcement agency and part-time magistrate of a court of common
pleas in an adjacent county, provided that as a magistrate she does not preside
over cases involving the child support enforcement agency that employs her as an
administrative hearing officer. (1989 Op. Att’y Gen. No. 89-072, distinguished.)

SYLLABUS: 2005-023
1. A county prosecuting attorney who elects not to engage in the private
practice of law may serve as the financial manager and office
administrator of a private law firm and a licensed title insurance agent,
provided that as an insurance agent he does not sell, solicit, or negotiate
title insurance with respect to a governmental entity he is required to
advise or represent in his capacity as county prosecuting attorney, and
further provided that such service does not violate any provision of R.C.
Chapter 102 or R.C. 2921.42-.43, or rule, ethical consideration, or canon
of the Supreme Court Rules for the Government of the Bar of Ohio or the
Code of Professional Responsibility.
2. A county prosecuting attorney who elects not to engage in the private
practice of law may serve as the financial manager and office
administrator of a private law firm and a licensed title insurance agent, but
in his capacity as financial manager, office administrator, and licensed title
insurance agent, he may not perform an activity that constitutes the
“practice of law” as defined by the Ohio Supreme Court.


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Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

Later

Big Brother is Watching Out for Us

The US House passed the I-SPY (Internet Spyware Prevention Act of 2005 / H.R. 744) on May 23rd by a count of 395-1. It was referred to the Senate, who then referred it to the Committee on the Judiciary. Here is the CRS Summary of the bill.

As if that wasn't enough, the House also passed H.R. 29, the "Securely Protect Yourself Against Cyber Trespass Act" by a vote of 393-4. The Senate received this one and promptly referred it to the Committee on Commerce, Science, and Transportation. Here is the CRS Summary of H.R. 29.

The big question has to be who is voting against these bills?

HR 744- the lone dissenter was Rep. Ron Paul of Texas

HR 29 - the aforementioned Rep. Paul also voted no on this one along with Reps. Sheila Jackson-Lee of Texas, Zoe Lofgren of California, and David Wu of Oregon.

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Governor Signs "Amy's Law"

Governor Taft signed HB29 yesterday. It establishes additional procedures for a court to follow when making bond/bail determinations in domestic violence cases. It gets the name "Amy's Law" from Amy Rezos, whose husband Christopher Rezos is serving a 30-year prison sentence for trying to kill her three times, including shooting her in the head. Among the tougher bond requirements in Amy's law, a judge is now required to consider factors such as the suspected offender's mental health and severity of the incident.

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Wednesday, May 25, 2005

Supreme Court of Ohio Decisions - 5/25/2005

Wednesday, May 25, 2005

2002-2241. State v. Monroe, 2005-Ohio-2282.
Franklin C.P. No. 01CR04-2118. 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-2282.pdf
Summary: Court Upholds Murder Convictions, Death Sentence

2003-0804. Cleveland Mun. School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 2005-Ohio-2285.
Board of Tax Appeals, Nos. 2002-V-2168, 2002-V-2172, 2002-V-2398, and 2002-V-2399. Decision affirmed in part and vacated in part.
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-2285.pdf

2003-1003. E. Liverpool v. Columbiana Cty. Budget Comm., 2005-Ohio-2283.
Board of Tax Appeals, No. 2002-T-1584. Decision 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-2283.pdf
Summary: Adopting ‘Alternative Method’ of ULGF/ULGRAF Tax Allocation Does Not Require Prior Hearing

2004-0389. Ferrone v. Medina Cty. Bd. of Revision, 2005-Ohio-2284.
Board of Tax Appeals, Nos. 2002-A-2810 and 2003-A-1070. Decision 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-2284.pdf

2004-1073 and 2004-1074. State v. Haven, 2005-Ohio-2286.
Wayne App. No. 02CA0069, 2004-Ohio-2512. Judgment reversed and cause remanded.
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-2286.pdf

Later


New Bill Introductions

HB 273 VETERAN TUITION WAIVERS (Ujvagi) To provide college tuition waivers to spouses and qualifying former spouses of members of the United States armed forces killed in the line of duty in a combat zone after May 7, 1975. Am. 3333.26 Full Text

HB 274 WIRELESS PHONE USE (Barrett) To prohibit any person from operating a moving vehicle and simultaneously using a mobile telephone that is not capable of being operated in a hands-free manner other than to report an emergency, to prohibit without exception any person with a temporary instruction permit from operating a moving vehicle and simultaneously using a mobile telephone, to create the offense of inattentive driving, and to require the State Highway Patrol to compile monthly data and statistics on motor vehicle accidents in which mobile telephone use was a material factor. Am. 4510.036 and En. 4511.204 & 4511.205 Full Text

HB 275 BULLION TAX EXEMPTION (Ujvagi) To eliminate the sales tax exemption for sales of investment metal bullion and investment coins. Am. 5739.01, 5739.011, & 5739.02 Full Text

HB 276 SCHOOL BULLYING (Stewart, J.) With respect to school policies prohibiting harassment, intimidation, or bullying. Am. 3301.0714 & 3302.03 and En. 117.53, 3301.41, 3313.666, & 3313.667 Full Text

HB 277 WATER/SEWER DISTRICT POLICE (Trakas) To authorize regional water and sewer districts to establish police departments. Am. 109.71, 109.73, & 109.77 and En. 6119.60, 6119.61, 6119.62, 6119.63, & 6119.64 Full Text

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Tuesday, May 24, 2005

Ohio Starts Adding To Its DNA Database

A new law took effect last week requiring all convicted felons in prison, on parole or on probation to submit a DNA sample for a statewide database.

Authorities immediately began collecting samples from more than 100,000 Ohio felons when Ohio House Bill 525 took effect May 18. Their DNA will become part of a national crime-fighting database that searches for biological matches between known offenders and evidence from unsolved crimes.

The Ohio DNA samples will be admitted into the FBI's Combined DNA Index System -- commonly referred to as CODIS -- a nationwide DNA database.

The new law also requires some people convicted of serious misdemeanors -- such as sexual contact with a minor -- to submit DNA.

After the initial rush of 100,000 current felons, the database is expected to add about 30,000 new samples a year, according to the Ohio Attorney General's office.

Source: The Advocate

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Ohio Board of Tax Appeals Decisions - 5/20/2005

MERIT DOCKET

2003-V-525, 2003-V-526, 2003-V-528 through 2003-V-531 Aina L. Schuster and The Schuster Limited Partnership, and Olmsted Falls Board of Education v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Value found. Board members concur.

2003-B-1654 Willoughby-Eastlake City School District Board of Education v. Lake County Board of Revision, the Lake County Auditor, and Cleveland Clinic Foundation. Real Property Tax. Value found. Board members concur.

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Monday, May 23, 2005

Ohio Court of Claims Decisions Posted - 5/20/2005

Spinner v. Ohio Bur. of Motor Vehicles Driver’s license suspension. Defendant records were accurate at time of incident. Burden of proof, duty of care. Judgment for defendant.

Simms v. Unknown Failure to supply name and address of defendant. Case dismissed without prejudice.

Miller v. Unknown Failure to submit amended complaint or pay required filing fee or submit poverty statement. Case dismissed without prejudice.

Pierre v. Unknown Failure to submit name or address of defendant and pay filing fee or submit poverty statement. Case dismissed without prejudice.

Anton v. Unknown Failure to submit name and address of defendant or pay filing fee or submit poverty statement. Case dismissed without prejudice.

Catlett v. Unknown Failure to provide name and address of defendant or pay filing fee or submit poverty statement. Case dismissed without prejudice.

Cerny v. Unknown Failure to submit name and address of defendant or filing fee or poverty statement. Case dismissed without prejudice.

Schrock v. Ohio Dept. of Transp. Automobile damage, pothole. Negligent repair. Judgment for plaintiff.

Nielsen v. Unknown Failure to submit amended complaint. Case dismissed without prejudice.

Peltz v. Ohio Dept. of Transp. Automobile damage, pothole. No notice. Burden of proof, duty of care. Judgment for defendant.

Heckler Martz Cabinet Co. v. Unknown Failure to obtain counsel or file amended complaint. Case dismissed without prejudice.

Hohn v. Ohio State Highway Patrol Automobile damage, canine search. Admission of liability and damages. Judgment for plaintiff.

Maffett v. Ohio Lottery Comm. Lottery ticket, card misprint. Card void pursuant to statute. Burden of proof. Judgment for defendant.

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Ohio's eSORN to be Included Within National Database

U.S. Attorney General Alberto Gonzales announced last Friday that Ohio’s electronic Sex Offender Registration and Notification (eSORN) Web site, maintained by Attorney General Jim Petro and the state’s 88 county sheriffs, is one of the first four registries linked to a national public sex-offender search engine.

The Department of Justice selected eSORN as one of the first links to the National Sexual Offender Registry Access Program along with the state registries maintained by Maryland, New Jersey and Pennsylvania. The Department of Justice’s goal is to have all state sex-offender registries linked via the national search engine.

This online tool will provide a comprehensive national sex-offender search with a single query free of charge to users. The search engine will be available to the public as soon as 20 states are linked, which should be accomplished within the next 60 days.

Source: Ohio Attorney General

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/23/2005

Here is the link.

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