Ohio Law

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

Thursday, September 29, 2005

9/29/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MERIT DECISIONS WITH OPINIONS

2005-1248. State ex rel. Blackwell v. Crawford, 2005-Ohio-5124.

In Prohibition. Writ denied.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., dissents.
(Syllabus: Prohibition — Writ to prevent declaratory judgment by common pleas court
relative to directive of Secretary of State on purchases of voting systems —
Jurisdiction of Court of Claims — Contract claims not requiring damages
— Writ denied.)



MOTION AND PROCEDURAL RULINGS
2004-1594. M. Conley Co. v. Arthur Anderson.
Stark App. No. 2003CA00386, 2004-Ohio-4216.

This cause is pending before the
court as an appeal from the Court of Appeals for Stark County. Upon
consideration of the motion of amicus curiae Ohio Management Lawyers'
Association for leave to participate in oral argument,
IT IS ORDERED by the court that the motion is granted, and the amicus
shall share the time for argument allotted to the appellant.

2005-0710. Garcia v. O'Rourke.
Gallia App. No. 04CA7, 2005-Ohio-1034.

This cause is pending before this court
as an appeal from the Court of Appeals for Gallia County. Upon consideration of
the joint motion for stay of briefing schedule to allow time to finalize pending
settlement,
IT IS ORDERED by the court that the motion is granted. The parties shall
notify this court of the status of the settlement within 45 days of the date of this
entry.

MISCELLANEOUS DISMISSALS

2005-1359. Rasnick v. Lenos.
Butler App. No. CA2004-02-033,2005-Ohio-2916. This cause is pending before
the court as a discretionary appeal. 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.

Later

9/28/2005 - Supreme Court of Ohio Decisions

Wednesday, Sept. 28, 2005

2004-0048. Beard v. Meridia Huron Hosp., 2005-Ohio-4787.
Cuyahoga App. No. 82541, 2003-Ohio-5929. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4787.pdf
Summary: Reference to Professional Literature by Expert Witness is Not Inadmissible Hearsay

2004-1414. Disciplinary Counsel v. Spicer, 2005-Ohio-4788.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-089. Willard Francis Spicer, Attorney Registration No. 0009600, is publicly reprimanded.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4788.pdf
Summary: Court Reprimands Akron Judge for ‘Attack Ad,’ Rules Party-Paid Ads Not In-Kind Contributions

2004-2168. Cleveland Bar Assn. v. Baron, 2005-Ohio-4790.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-07. Janet Baron 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-4790.pdf

2005-0085. State ex rel. Mackey v. Blackwell, 2005-Ohio-4789.
Cuyahoga App. No. 85597, 2004-Ohio-7004. 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-4789.pdf

2005-0283. Disciplinary Counsel v. Stern, 2005-Ohio-4804.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-025. Ira Sidney Stern, Attorney Registration No. 0028725, is permanently disbarred from the practice of law in Ohio.
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-4804.pdf
Summary: Columbus Lawyer Disbarred

Later


Wednesday, September 28, 2005

Ohio General Assembly - New Bill Introductions

SB 186 FREE MEDICAL SERVICES (Miller, R.) To require not-for-profit hospitals to provide certain levels of free medical services to qualified individuals. En. 3727.35 & 3727.47 Full Text

SB 187 GASOLINE PRICES (Grendell) To make charging a price for a grade of gasoline that does not bear a reasonable relationship to the costs of making the particular grade of gasoline available to consumers an unfair or deceptive consumer sales practice and to create the Gasoline Practices Oversight Commission for the period ending Dec. 31, 2006 Am. 1345.02 Full Text

SB 188 DRUG COMPOUNDING (Grendell) To require the Board of Pharmacy to establish a drug compounding licensing program for terminal distributors of dangerous drugs. Am. & En. 4729.01, 4729.552, 4729.553, 4729.554, 4729.555 & 4729.556 Full Text

SB 189 SEED LAW (Grendell) To make changes to the Agricultural Seed Law. Am. 907.01, 907.14 & 907.28 Full Text

HB 350 EPA RULES (Mitchell) To require the Director of Environmental Protection to adopt rules establishing standards and procedures for considering issues related to environmental justice when issuing permits or licenses and taking other actions under state environmental laws. En. 3745.50 Full Text

HB 351 ENVIRONMENTAL JUSTICE COMMISSION (Mitchell) To create the Environmental Justice Commission. En. 3745.50 Full Text

HB 352 ISLAND SPEED LIMITS (Redfern) To establish a 35-mile per hour speed limit for highways outside municipal corporations within island jurisdictions. Am. 4511.21 & 4511.251 Full Text

HB 353 SCHOOL CALENDAR (Redfern) To prohibit public schools from opening for instruction prior to Labor Day except in specified circumstances. Am. & En. 3314.03 & 3313.621t Full Text

HB 354 INVESTMENT REPORTING (Patton. T.) To require any state agency with the authority to invest state funds to report on those investments using the global investment performance standards. Am. & En. 145.11, 742.11, 3307.15, 3309.15, 3334.11, 4123.44, 5505.06 & 9.75 Full Text

HB 355 STEM CELL RESEARCH (Gilb) To place ethical constraints on human research. Am. & En. 3701.99, 131.51 & 3701.93 Full Text

HB 356 TANF HEATING ASSISTANCE (Stewart, J.) To require the Department of Job and Family Services to establish a TANF program that provides help to eligible households for home energy and weatherization costs during the winter of fiscal year 2006 and to make an appropriation. Am. 206.66 of Am. Sub. H.B. 66 of the 126th General Assembly Full Text

HB 357 BATEMAN HIGHWAY (Uecker) To designate a portion of State Route 131 within Clermont County the "Sam Bateman Memorial Highway." En. 5533.116 Full Text

HB 358 MEDICAID APPLICATIONS (Wagoner) To require Medicaid applicants to supply documentation of citizenship or alien status. Am. & En. 5111.013 & 5111.0116 Full Text

Later


Intelligent Design Goes on Trial

From a story posted on the CNN website:

Eight families within the Dover Area School District (Pa.) say the district's policy of exposing students to the Intelligent Design Theory promotes the Bible's view of creation, violating the constitutional separation of church and state. The rural school district of about 3,500 students argues that it is not endorsing any religious view and is merely giving ninth-grade biology classes a glimpse of differences over evolution. The trial is expected to last about five weeks.

Later

Tuesday, September 27, 2005

9/27/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS
2005-1656. State v. Davis.
Licking C.P. No. 04CR464.

This cause is pending before the court as a death
penalty appeal from the Court of Common Pleas of Licking County. Upon
consideration of appellant's motion for delayed appeal,
IT IS ORDERED by the court that the motion for delayed appeal is granted.
IT IS FURTHER ORDERED by the court that the parties shall brief this
case in accordance with S.Ct.Prac.R. XIX.

Later

9/27/2005 - Supreme Court of Ohio Decision Released

THE STATE EX REL. OBERLIN CITIZENS FOR RESPONSIBLE
DEVELOPMENT ET AL. v. TALARICO, AUD.


[Cite as State ex rel. Oberlin Citizens for Responsible Dev. v. Talarico, __ Ohio
St.3d __, 2005-Ohio-5061.]

Mandamus – Elections – Referendum and initiative – Ordinance approving
contract for construction of public improvements for development as retail
superstore is administrative action not subject to initiative or referendum.
(No. 2005-1622 ─ Submitted September 16, 2005 ─ Decided September 27,
2005.)
IN MANDAMUS.
__________________

Later

Monday, September 26, 2005

Ohio General Assembly - Latest Bill Introductions

SB 183 TRADE ZONE EXEMPTION (Fingerhut) To exempt from the commercial activity tax amounts derived from the sale of property shipped into or from any foreign trade zone. Am. & Rep. 5751 & Section 557.09.09 of Am. Sub. HB 66 of the 126th General Assembly. Full Text

SB 184 ISLAND SPEED LIMITS (Gardner) To establish a 35 mile-per-hour speed limit for highways outside municipal corporations within island jurisdictions. Am. 4511. Full Text

SB 185 CONSUMER SALES PRACTICES (Padgett) To expand the Comsuner Sales Practices Act to cover transactions between two businesses. Am. 1345. Full Text

Later


9/26/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MERIT DECISIONS WITH OPINIONS

2005-1616.
State ex rel. N. Main St. Coalition v. Webb, 2005-Ohio-5009.
In Mandamus. Writ granted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., dissents.

MOTION AND PROCEDURAL RULINGS

2005-1789.
State ex rel. John Q. Public v. Etna Twp. Bd. of Trustees.

In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. With the filing of the complaint, relator also filed a motion for
an order appointing a special process server. S.Ct.Prac.R. X(4)(A) requires the
Clerk of this court to serve complaints in original actions. Notwithstanding
Civ.R.4.1(B), the Rules of Practice control the procedure in original actions before
this court. See S.Ct.Prac.R. X(2). Accordingly,
IT IS ORDERED by the court that the motion to appoint a process server is
denied. The Clerk of this court shall serve the complaint by certified mail in
accordance with S.Ct.Prac.R. X(4)(A).
IT IS FURTHER ORDERED that relator is not precluded from making
personal service of the complaint; however, respondents' time to file a responsive
pleading under S.Ct.Prac.R. X(5) shall be calculated from the date of service of the
complaint by the Clerk.

Later