Ohio Law

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

Friday, August 12, 2005

"Piglet" Book Reveals State Government Waste

The Buckeye Institute For Public Policy Solutions along with the Citizens Against Government Waste, has conducted the "first comprehensive analysis of Ohio’s budget and spending plans to see if Columbus has ceased its feckless ways." They reveal $3.5 billion of pork and waste in the current budget. The book they reveal the waste in is entitled, "2005 Ohio Piglet Book."

The book is 27 pages long. It's an interesting read and dovetails nicely with the Tax Expenditure Limitation Amendment being pushed by Ohio Secretary of State Ken Blackwell.

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AG Petro Says Tom Noe's Wife Involved in Coin Scandal

In a release from the AG's Office yesterday, Attorney General Jim Petro states that new evidence his investigators have gleaned from Tom Noe’s business records reveals that Bernadette Noe was billing through her law firm for legal work for the state Bureau of Workers' Compensation (BWC) rare coin investment funds as early as November 2001.

According to the release, Petro has challenged previous attempts by the Noes to sell expensive assets. He filed further argument yesterday that the court should enforce a May 27 attachment order -- which requires Noe and his wife to get the court’s or BWC’s consent to sell personal property valued above a set limit -- and lower the limit to $5,000 from the current $15,000. Petro also made a new request yesterday that the court begin closely reviewing the Noes’ expenditures for living expenses and attorney fees every thirty days.

The following documents are linked to the press release:

Plaintiffs' Reply re: Motion to Enforce Prejudgment Attachment Order
Plaintiffs' Motion to Review Defendants' Expenditures
Plaintiffs' Reply re: Motion for Expedited Discovery
Plaintiffs' Response re: Motion for Leave

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New Bill Introductions

SCR 18 BWC INVESTMENTS (Roberts) To create the Bureau of Workers' Compensation Investment Review Committee to investigate the allegations of malfeasance concerning the Bureau of Workers' Compensation. Full Text

HB 324 CONCEALED WEAPONS (Koziura) To remove the "locked motor vehicle" exception from the provision that otherwise exempts premises of a public or private institution of higher education from the right of a licensee to carry a concealed handgun; to list buildings, structures, parcels of land, and parking lots as examples of such premises; to remove the "private institution of higher education" exception from the provision that specifies that the Concealed Handgun Licensing Law does not negate or restrict a private employer's rule, policy, or practice concerning or prohibiting the presence of firearms on the employer's premises or property; and to specify that nothing in the Concealed Handgun Licensing Law limits, negates, restricts, or affects any right or authority of a peace officer to carry a concealed handgun. Am. 2923.126 Full Text

HB 325 CANCER COMMISSION (Carmichael) To create the Commission on the Future of Cancer Care in Ohio. Full Text

HB 326 SURVIVORSHIP RIGHTS (Faber) To establish survivorship rights in certain accounts with financial institutions and, after a depositor's death, to require that funds held in certain accounts at banks generally be paid to persons having a survivorship interest. Am. & En. 1109.07 & 2131.14 Full Text

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Wednesday, August 10, 2005

8/10/2005 - Supreme Court of Ohio Merit Decisions with Opinions Released

Wednesday, Aug. 10, 2005

2004-0285. State v. Reese, 2005-Ohio-3806.
Trumbull App. No. 2002-T-0068, 2004-Ohio-341. Judgment reversed.
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-3806.pdf
Summary: Opportunity to Consult With Lawyer Prior To Waiving Jury Trial Meets Legal Requirement

Criminal law — R.C. 2945.05 — “Opportunity to consult with counsel,” construed — Record need not show actual consultation with counsel in order to establish compliance — Only opportunity to consult need be shown — Appointment of counsel for pro se defendant not mandatory.

2004-0448 and 2004-1765. State ex rel. Plain Dealer Publishing Co. v. Cleveland , 2005-Ohio-3807.
In Mandamus. Writs denied.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in part and dissents in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-3807.pdf
Summary: Supreme Court Rules Police I.D. Photos Exempt from Disclosure Under Public Records Act

Public records — R.C. 149.43(A)(1)(p) and (7)(b) — Exemption from disclosure for “peace officer residential and familial information” — Photographs of police officers not subject to disclosure.

2004-2113. Disciplinary Counsel v. Carroll, 2005-Ohio-3805.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-017. Gregory Alan Carroll, Attorney Registration No. 0039624, is suspended from the practice of law in Ohio for one year, stayed on condition.
Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.
Moyer, C.J., and O'Connor, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-3805.pdf

Attorneys at law — Misconduct — Six-month suspension, stayed on condition — Engaging in conduct that adversely reflects on fitness to practice law — Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

2005-0260. State ex rel. Florence v. Zitter, 2005-Ohio-3804.
In Prohibition. Writ denied.
Moyer, C.J., Resnick, Pfeifer and O'Connor, JJ., concur.
Lundberg Stratton, O'Donnell and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-3804.pdf

Prohibition — Guardianship — R.C. 2111.02(A) — Residency requirement for proposed ward — Trial court’s jurisdiction pending appeal—Appointment of guardian ad litem for guardianship proceedings — Patent and unambiguous lack of jurisdiction not shown — Ex parte communications — Adequate remedy at law.

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8/10/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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New Bill Introductions

SB 169 STATE CONTRACTS/APPOINTMENTS (Dann) To require the Attorney General to review and approve state contracts that will involve spending or investing more than one million dollars and to post copies of those contracts on the Attorney General's web site; to prohibit the awarding of contracts to persons serving on state a board or commission; to prohibit a former employee of the Governor's office from being appointed to a state board or commission until three years after the person's appointment has ended; and to require that former state elected officials and certain former state employees who must file disclosure statements for two years after their employment or service ends to file those statements for an additional year. Am. & En. 102.021, 109.95 & 121.80 Full Text

SB 170 EXTORTION/LOBBYING (Dann) To create the criminal offense of extortion under color of official right and to prohibit current and former public officials or employees who are convicted of ethics law violations from serving for a period of five years from their conviction as legislative agents or executive agency lobbyists, and from ever being appointed as members of state boards, commissions, authorities or other instrumentalities. En. 102.991, 2921.06 & 2921.47. Full Text

HJR 10 EMINENT DOMAIN (Koziura) To prohibit the use of eminent domain for economic development purposes when the sole or a primary driving force behind the acquisition of private property is a private individual or business entity that seeks the private property of another for its own economic benefit Am. Sec. 19, Art. I and Sec. 3, Art. XVIII, Ohio Const. Full Text

HB 323 VOTING RECORDS (Garrison) To require that the General Assembly web site contain information about how each member votes on bills and resolutions. En. 101.60 Full Text

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Reform Ohio Now Submits Signatures to Secretary of State

The election reform group, Reform Ohio Now (RON), filed 520,000 signatures with the Ohio Secretary of State in their effort to get three constitutional amendments qualified for the November 8, 2005 ballot. In a related action, the Supreme Court of Ohio unanimously dismissed a Republican-led action that sought to prevent the state from accepting the petitions.

The petition language and amendment summaries were certified by Ohio Attorney General Jim Petro in May. RON, via the amendments, seeks to create a statewide elections board to oversee campaigns; establish a new system for redistricting congressional and legislative seats, and; lower campaign contribution limits.

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Tuesday, August 09, 2005

Ohio Board of Tax Appeals Decisions Released 8/5/2005

MERIT DOCKET

2003-V-686, 2003-V-1617 Strongsville Board of Education and City of Strongsville v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, Ceres Group, Royalton Investors, LLC, and Big T Investments, LLC. Real Property Tax. Value found. Board members concur.

2003-T-1475 The Premium Glass Company, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Use Tax. Tax Commissioner Affirmed. Board members concur.

2004-A-376 Greenbridge Company Ltd. v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Canal Winchester City School District. Real Property Tax. Value found. Board members concur.

2004-R-561 James R. Rehm v. Wayne County Board of Revision and Wayne County Auditor. Real Property Tax. Remanded with instructions. Board members concur.

2004-G-1177 Barbara W. Hill v. Erie County Board of Revision and Erie County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-A-1322 Reed Elsevier Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board members concur.

2005-T-287 Heather M. Mancuso v. William W. Wilkins, Tax Commissioner of Ohio. Vendor's License Revocation. Tax Commissioner affirmed. Board members concur.

2005-A-297 Gaydash Industries, Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Personal Property Tax Penalty Abatement. Tax Commissioner affirmed. Board members concur.

2005-A-356 Dorsey Channel v. William W. Wilkins, Tax Commissioner of Ohio. Vendor's License Revocation. Tax Commissioner affirmed. Board members concur.

2005-A-640 William A. Tarcy v. Franklin County Board of Revision and Franklin County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

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8/9/2005 -Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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Monday, August 08, 2005

Supreme Court of Ohio to Appoint Receiver to Examine BWC Records Relating to Coingate

Here is the text. The official release can be found here.

2005-0867. State ex rel. Toledo Blade Co. v. Ohio Bur of Workers' Comp.
In Mandamus. On respondents’ response to show-cause contempt order. Upon
consideration,
IT IS HEREBY ORDERED that relator’s contempt motion be held in
abeyance.
IT IS FURTHER ORDERED that respondents must continue to release
documents to relator on a daily basis under the current expedited review process
established by the Attorney General.
IT IS FURTHER ORDERED that a receiver will be appointed as determined
by the court. The receiver shall have authority to examine and review any and all
documents or portions thereof that are withheld by respondents.
IT IS FURTHER ORDERED that the Attorney General shall provide the
receiver with any and all withheld records, as well as weekly progress reports that
shall include an explanation of why those records are being withheld.
Alice Robie Resnick, Acting C.J.
Thomas F. Bryant, J., of the Third Appellate District, sitting for Moyer, C.J.
Thomas J. Grady, J., of the Second Appellate District, sitting for Lundberg
Stratton, J.
Robert H. Gorman, J., of the First Appellate District, sitting for O'Connor, J.
Diane Karpinski, J., of the Eighth Appellate District, sitting for O'Donnell, J.
Michael J. Corrigan, J., of the Eighth Appellate District, sitting for
Lanzinger, J.

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