Ohio Law

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

Friday, September 02, 2005

New Bill Introductions

Introduced September 1, 2005

SB 175 ELDER ABUSE (Goodman) To require that each county department of job and family services prepare a memorandum of understanding setting forth the normal operating procedures to be used when investigating abuse, neglect, and exploitation reports of older adults. En. 5101.621 Full Text

SB 176 COMMUNITY SCHOOLS (Fedor) To amend the definition of a "challenged school district" where new start-up community schools may be located. Am. 3314.02 Full Text

SCR 19 TRADE LAWS (Hagan, R.) To urge the President and Congress of the United States to utilize all available trade remedy laws to prevent surges, dumping and subsidized imports of steel pipes, tubs and fittings into the United States market. Full Text

HB 334 CRIMINAL FORFEITURE (Garrison) To clarify the criminal forfeiture provisions of the Corrupt Activity Law regarding the time at which forfeitures attach, the forfeiture of substitute property for forfeitable property that is unreachable or removed from a forfeiture order to protect the innocent persons, the availability under a forfeiture order of certain property transferred in an attempt to avoid potential forfeiture, and the time at which an order to preserve the reachability of property that might be forfeitable under that Law may be requested and attaches, and to declare an emergency. Am. 2923.32, 2923.33 & 2923.36 Full Text

HB 335 COMMUNITY SCHOOLS (Williams) To amend the definition of a "challenged school district" where new start-up community schools may be located. Am. 3314.02 Full Text

HB 336 MARYSVILLE COURT (Core) To change the status of the judge of the Marysville Municipal Court from part-time to full-time. Am. 1901.08 Full Text

Introduced August 30, 2005

SB 174 BATEMAN HIGHWAY (Niehaus) To designate a portion of State Route 131 within Clermont County as the "Sam Bateman Memorial Highway." En. 5533.116 Full Text

SB 175 SPECIAL LICENSE PLATES (Chandler) To create "Children with Medical Handicaps" license plates. En. 3701.0211 & 4503.721 Full Text

HB 333 ALCOHOL DEVICES/WINE (Reidelbach) To prohibit the sale, offering for sale, purchase, and use of alcohol vaporizing devices and to exclude from the Open Container Law opened bottles of wine that are purchased at restaurants and transported in vehicles under certain conditions. Am. & En. 4301.62 & 4301.99 Full Text

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Thursday, September 01, 2005

9/1/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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Wednesday, August 31, 2005

8/31/2005- Supreme Court of Ohio Decisions Released

Wednesday, Aug. 31, 2005

2004-0900. State v. Thomas, 2005-Ohio-4106.
Cuyahoga App. No. 82674, 2004-Ohio-1907. Judgment reversed and cause remanded.
Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur.
Moyer, C.J., and O'Donnell, J., concur in judgment only.
O'Connor, J., dissents and would affirm the judgment of the court of appeals.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4106.pdf
Summary: Theft Offense Not Elevated to Robbery if Flight Attempt That Causes Injury Is Not ‘Immediate’

2004-1550. Cleveland Bar Assn. v. Pearlman, 2005-Ohio-4107.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-05. The board's recommendation is rejected and the cause is dismissed.
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-4107.pdf
Summary: Non-Lawyer Officer May ‘Represent’ LLC in Small Claims Court, Within Legal Limits

2004-2175. Disciplinary Counsel v. Givens, 2005-Ohio-4104.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-11. Greg P. Givens is enjoined from conduct that constitutes the unauthorized practice of law.
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-4104.pdf
Summary: Non-Lawyer Filing of County, Federal Court Actions In Name of 3rd Party is Unauthorized Practice of Law

2005-0448. State ex rel. Brady v. Pianka, 2005-Ohio-4105.
Cuyahoga App. No. 85490, 2005-Ohio-377. 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-4105.pdf
Writ of prohibition sought to prevent municipal court from proceeding in a forcible-entry-and-detainer case — A pending appeal from a declaratory-judgment action does not deprive a municipal court of jurisdiction over forcible-entry-and-detainer action — Rule of jurisdictional priority does not apply if the first case does not involve the same cause of action as the second case — Court of Appeals’ dismissal of petition affirmed.

2005-0629. State ex rel. Smith v. Cuyahoga Cty. Court of Common Pleas, 2005-Ohio-4103.
In Mandamus. Writ granted.
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-4103.pdf
Mandamus – Forum non conveniens does not apply to intrastate transfers – Civ.R. 3(C)(4) – Transfer of venue on fair-trial basis must be to adjoining county – Writ will issue to vacate order transferring venue, when.

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Tuesday, August 30, 2005

Ohio Board of Tax Appeals Merit Decisions Posted 8/26/2005

MERIT DOCKET

2004-M-134 Parbro Air, Inc. v. J. Patrick McAndrew, Tax Commissioner of Ohio. Use Tax. Tax Commissioner affirmed. Board members concur.

2004-M-887 Perry Local School District Board of Education v. Stark County Board of Revision, the Stark County Auditor and Bowlus Realty, Ltd. Real Property Tax. Value found. Board members concur.

2004-G-1295, 2004-G-1296 Roselawn Center Limited Partnership v. Montgomery County Board of Revision, Montgomery County Auditor, and Centerville City School District Board of Education. Real Property Tax. Dismissed - lack of jurisdiction. Board members concur.

2005-T-398 David and Nancy Wolf v. Amberley Village Board of Review and the Amberley Village Tax Administrator. Municipal Income Tax. Amberley Village Board of Review affirmed. Board members concur.

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8/30/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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