Ohio Law

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

Friday, September 23, 2005

6th Circuit Issues Stay on Ohio's Abortion Law

The U.S. 6th Circuit yesterday issued a stay in the Ohio abortion law matter. The 1998 law requires minors to get consent from at least one parent, or a judge's approval to waive the requirement, before having an abortion. It also requires women seeking an abortion to receive counseling from a doctor at least 24 hours in advance. Here is a link to an Associated Press story.

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Thursday, September 22, 2005

Ohio General Assembly Latest Bill Introductions

HB 348 AMERICAN FLAG MONTH (Setzer) To designate June 14 to July 14 as "American Flag Month." En. 5.2231. Full Text

HB 349 STATE FRUIT (Stewart, J.) To adopt the pawpaw as the state fruit. En. 5.081. Full Text

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9/22/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0297

State v. Galloway.
Lucas App. No. L-05-1024.

This cause came on for further consideration of
appellant's motion for relief from judgment. Upon consideration thereof,
IT IS ORDERED by the court that the motion is denied.

2005-0428
State v. Durham.
Cuyahoga App. No. 84132, 2005-Ohio-202.

This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. On September 21, 2005, appellee's counsel, Steven LoDico, was suspended from the practice of law by this court. See Disciplinary Counsel v. LoDico, 106 Ohio St.3d 229, 2005-
Ohio-4630, ___ N.E.2d ___. It appearing to the court that appellee is now without
counsel,
IT IS ORDERED by the court, pursuant to S.Ct.Prac.R. III(7), that attorney
Michael R. Gladman of Columbus, Ohio, is appointed as counsel for appellee.
IT IS FURTHER ORDERED that appellee shall file a merit brief within
thirty days of the date of this entry.

MISCELLANEOUS DISMISSALS

2004-2082.
Buckman-Peirson v. Brannon.
Montgomery App. No. 20320, 159 Ohio App.3d 12, 2004-Ohio-6074.

This cause is pending before the court as an appeal from the Court of Appeals for
Montgomery County. Upon consideration of the joint application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1187.
State ex rel. Wheeler v. Indus. Comm.
Franklin App. No. 04AP-851, 2005-Ohio-2668.
This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1269.
State ex rel. Miller v. Lincoln Constr. Inc.
Franklin App. No. 04AP-197, 2005-Ohio-2962.

This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. It appears from the records of this court that appellant has not filed a merit brief, due September 14, 2005, in compliance with the Rules of Practice of the Supreme Court and
therefore has failed to prosecute this cause with the requisite diligence. Upon
consideration thereof,
IT IS ORDERED by the court that this cause be, and hereby is, dismissed
sua sponte.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):

2005-1689.
State ex rel. Gross v. Indus. Comm.
Franklin App. No. 04AP-756, 2005-Ohio-3936.

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Wednesday, September 21, 2005

Ohio General Assembly - New Bill Introductions

HB 344 TRADE ZONE EXEMPTION (Wagoner) To exempt from the commercial activity tax amounts derived from the sale of property shipped into or from any foreign trade zone. Am. 5751.01 & Rep. 557.09.09 of Am. Sub. H.B. 66 of the 126th General Assembly Full Text

HB 345 SPECIAL LICENSE PLATES (Sykes) To create "Children with Medical Handicaps" license plates. En. 3701.0211 & 4503.721. Full Text

HB 346 HISTORICAL SOCIETY CONTRIBUTIONS (Chandler) To allow taxpayers to contribute a portion of their income tax refunds to the Ohio historical society. Am. & En. 5101.184, 5747.113 & 149.308 Full Text

HB 347 CONCEAL-CARRY REVISIONS (Aslanides) To revise the laws regarding licenses to carry a concealed handgun and the authority to carry a concealed handgun under such a license; to limit journalist access to information regarding persons who have such a license and who assert reasonable cause to fear a criminal attack; to provide exemptions from certain carrying of firearms-related offenses for persons in compliance with the Ohio Peace Officer Training Commission's firearms requalification program; to specifically provide a self-defense affirmative defense to discharge of a firearm while in or on a vessel or motor vehicle-related offenses; to clarify when a firearm is loaded for purposes of offenses relating to possession of a loaded firearm while in or on a vessel or motor vehicle and carrying concealed weapons; to provide that the sealing or expungement of a conviction or delinquent child record is an affirmative defense to falsification based on the failure to report the record on an application for a concealed handgun license; and to identify, as a general law and matter of statewide concern, the right of any person, except as provided in the Revised Code, to own, possess, purchase, otherwise acquire, transport, carry, sell, or otherwise transfer a firearm, firearm component, or ammunition. Am. En. & Rep. 109.71, 109.731, 109.801, 311.41, 311.42, 1547.69, 2921.13, 2923.12, 2923.121, 2923.122, 2923.123, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, 9.68 & 109.542. Full Text

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9/21/2005 Supreme Court of Ohio Decisions

Wednesday, Sept. 21, 2005

2003-1973. State v. Mayl, 2005-Ohio-4629.
Montgomery App. No. 19549, 154 Ohio App.3d 717, 2003-Ohio-5097. Judgment affirmed.
Moyer, C.J., Pfeifer, O'Donnell and Lanzinger, JJ., concur.
Resnick, Lundberg Stratton and O'Connor, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4629.pdf
Summary: Hospital’s Blood Alcohol Test Results Admissible As Evidence of DUI Only If Test Met ODH Standards

2004-1198. Village Condominiums Owners Assn. v. Montgomery Cty. Bd. of Revision, 2005-Ohio-4631.
Montgomery App. No. 20082, 2004-Ohio-3087. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4631.pdf
Summary: Condo Owners’ Association Lacks Legal Standing to Contest Tax Valuation of Common Areas

2004-2172. Disciplinary Counsel v. LoDico, 2005-Ohio-4630.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-084. Steven L. LoDico, Attorney Registration No. 0041715, is suspended from the practice of law in Ohio for 18 months, with six months stayed on conditions.
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-4630.pdf
Summary: Court Suspends Canton Attorney for Disruptive, Disrespectful Courtroom Conduct

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Tuesday, September 20, 2005

Ohio Board of Tax Appeals Merit Decisions

MERIT DOCKET

2003-R-1810 Time Warner Entertainment v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed in part and reversed in part. Board members concur.

2003-R-1811 Time Warner Operations, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed in part and reversed in part. Board members concur.

2004-V-862 Harry E. Gibson and Judith A. Gibson v. Harrison County Board of Revision and the Harrison County Auditor. Real Property Tax. Value found. Board members concur.

2004-K-1222 American Fiber Systems, Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Public Utility Personal Property Tax. Tax Commissioner affirmed. Board members concur.

2005-A-288 Howard E. Hite v. William W. Wilkins, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board members concur.

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9/20/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MERIT DECISIONS WITHOUT OPINIONS
2005-1713

Thompson v. Eberlin.

In Habeas Corpus. On petition for writ of habeas corpus of Demitrus L.
Thompson, Sr. Sua sponte, cause dismissed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Pfeifer, J., would allow the writ and grant bail.

DISCIPLINARY CASES
2005-1314
Disciplinary Counsel v. Neil.

On Certified Order of the Supreme Court of Pennsylvania, No. 867 - Disciplinary
Board, No. 3 - Supreme Court. David MacGregor Neil, Attorney Registration No.
0050716, is suspended from the practice of law in Ohio for one year and one day.

MEDIATION REFERRALS
The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-1633. Am. Retirement Corp. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-P-410.
The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2 09-20-05
2005-1478. State ex rel. Rolfes v. Indus. Comm.
Franklin App. No. 04AP-657.

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Supreme Court of Ohio Orders BWC to Release Documents

MOTION AND PROCEDURAL RULINGS
2005-0867
State ex rel. Toledo Blade Co. v. Ohio Bur. of Workers' Comp.

In Mandamus. This cause came on for further consideration of relator’s motion for
an order holding respondents in contempt, for sanctions, for the appointment of a
receiver, and for other ancillary relief. Upon consideration thereof, and in
accordance with the court’s entry of August 10, 2005,
IT IS ORDERED by the court that relator’s motion remains held in
abeyance.
IT IS FURTHER ORDERED that respondents shall be provided with copies
of all withheld documents enumerated on the receiver’s “List 2”, which the court
has determined to be within the scope of the writ. The documents shall be
provided to respondents under seal, along with this entry, using the same
organizational format and numbered tabs that the receiver used in filing the
documents with the court. Respondents shall not be provided with copies of the
receiver’s List 2 or any of his other lists, reports, or work product.
IT IS FURTHER ORDERED that no later than ten days from the date of this
entry, counsel for respondents shall release these documents to relator, provided
that no later than four days from the date of this entry, respondents’ counsel shall
submit any redactions he wishes to make to these documents for the court’s
approval. A proposed redaction will be considered properly submitted for
approval if it meets all of the following requirements: (1) It is clearly marked on
the document in such a way that the information sought to be redacted remains
legible; (2) the document upon which the redaction is sought to be made is
identified by the tab number that was provided to the respondents by the court; and
(3) an explanation of why the proposed redaction is sought accompanies the
proposed redaction. No redactions shall be made on the basis that the information
sought to be redacted is not a “public record” or is otherwise privileged, excepted,
or exempted under the Public Records Act. Redactions will be permitted on the
basis that the information in question either relates to purely personal matters of
individual employees and does not involve the use of business assets, funds,
accounts, or credit, or does not refer or relate in any manner to the coin funds or
their subsidiaries or to transactions or other business among and between the coin
funds, their subsidiaries, or their managers.
IT IS FURTHER ORDERED that respondents’ counsel shall release all
documents so ordered in unredacted form, unless otherwise approved by the court.
In the event the court does not complete its determination with regard to any and
all redactions submitted for its approval within seven days from the date of this
entry, respondents’ counsel shall release all documents subject to this entry no later
than three days from the date of the court’s determination as to the propriety of the
proposed redactions, except as follows: Certain documents from among those
documents formerly released by respondents and/or respondents’ counsel in
redacted form, copies of which shall be separately provided to respondents along
with this entry, shall be immediately released to relator in unredacted form.
IT IS FURTHER ORDERED that all documents released by respondents’
counsel in accordance with this entry shall be released to relator in the same format
as they were filed with the court and provided to respondents.
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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Monday, September 19, 2005

Ohio General Assembly Latest Bill Introductions

HB 341 SINGLE SUBJECT CHALLENGES (Seitz) To bar actions challenging acts for violation of the one-subject rule if they are commenced later than 180 days after the effective date of the act. En. 2305.141 Full Text

HB 342 CORPSE DISPOSAL (Skindell) To create the right to execute a written declaration governing the disposal of one's body after death, to specify which documents have priority over such a declaration and to specify who has the duty of disposing of the body of a deceased person. En. 2108.40 & 2108.45 Full Text

HB 343 DRIVING AGE (Raga) To increase the age at which a person is eligible to obtain a temporary instruction permit from 15 years 6 months to 16 years and to prohibit the holder of a probationary driver's license from operating a motor vehicle between 1 a.m. and 5 a.m. or with more than one person who is not a family member occupying the vehicle. Am. 4507.05 & 4507.071 Full Text

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9/19/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0004. Duke Realty Ltd. Partnership v. Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-J-1358. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of the parties' joint
motion to remand this cause to the Board of Tax Appeals,
IT IS ORDERED by the court that the motion is granted and this cause is
remanded to the Board of Tax Appeals to implement the settlement agreement of
the parties.

2005-0739. Mason City School Dist. Bd. of Edn. v. Warren Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2003-T-1355. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of the parties' joint
motion to remand this cause to the Board of Tax Appeals,
IT IS ORDERED by the court that the motion is granted and this cause is
remanded to the Board of Tax Appeals to implement the settlement agreement of
the parties.

RECONSIDERATION OF PRIOR DECISIONS

2005-1172. State ex rel. Rittner v. Williams.
Allen App. No. 1-05-22. Reported at ___ Ohio St.3d ___, 2005-Ohio-4608, ___
N.E.2d ___. On motion for reconsideration. Motion denied.

MISCELLANEOUS DISMISSALS

2005-0123. State ex rel. Schuette v. Liberty Twp. Bd. of Trustees.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relator's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

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