Ohio Law

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

Thursday, October 13, 2005

10/13/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-1747. State ex rel. McCarty v. Brunsman.
Ross App. No. 05CA2861.
This cause was filed as a discretionary appeal and
claimed appeal of right. Upon consideration of appellant's
jurisdictional memorandum, it is determined by the court that
this cause originated in the court of appeals and, therefore,
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. II(1)(A)(1).
IT IS ORDERED by the court that the Clerk shall issue an order for
the transmittal of the record from the Court of Appeals for Ross
County, and the parties shall brief this case in accordance
with S.Ct.Prac.R. VI.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-1770. State ex rel. Crocker v. Indus. Comm.
Franklin App. No. 04AP-820, 2005-Ohio-4390.
2005-1808. State ex rel. Smith v. Veach Trucking, Inc.
Franklin App. No. 04AP-1229, 2205-Ohio-4923.
2005-1812. State ex rel. Cliff v. Auburndale Co.
Franklin App. No. 03AP-365, 2005-Ohio-3984.

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1105. State ex rel. Stevens v. Indus. Comm.
Franklin App. No. 04AP-919, 2005-Ohio-2804.

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Supreme Court of Ohio Releases Oral Arguments Guide

The Clerk's Office at the Supreme Court of Ohio has released the “Guide for Counsel Presenting Oral Arguments Before the Supreme Court of Ohio.” Hard copies are being mailed to counsel when cases are set for argument, and it is also available at the link above in PDF.

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Wednesday, October 12, 2005

Ohio General Assembly New Bill Introductions

SB 197 COMMUNITY SCHOOL PAYMENTS (Roberts) To eliminate the deduction of community school payments from the state funding accounts of a school district except for payments to community schools that are sponsored by the district. Am. 3314.08, 3314.084, 3314.13, 3317.02, 3317.029, 3317.0127, 3317.03 & Sec. 206.09.39 of Am. Sub. HB 66 Full Text


HB 373 VETERAN RESIDENCY (Barrett) To establish a shorter residency qualification for financial assistance from a county veterans service commission for veterans, active-duty Armed Forces members, and certain of their immediate family members relocating to and residing in a county of this state following the recognition by the President of the United States of an emergency situation as a result of a natural disaster, and to declare an emergency. Am. 5901.08 Full Text

HB 374 CHILDREN'S SAFETY PROGRAM (Hughes) To abolish the children's safety program known as the Block Parent Program in the State Board of Education, to establish in its place the McGruff House Program in the Division of Criminal Justice Services of the Department of Public Safety and to create the offense of unauthorized use of a McGruff house symbol. Am. & Rep. 2917.46, 3313.206, 5502.61, 5502.62 & 3301.076 Full Text

HB 375 EMS SUSPENSIONS (Flowers) Concerning the authority of the State Board of Emergency Medical Services to suspend certificates to practice emergency medical services. Am. & En. 4765.05, 4765.11, 4765.16, 4765.101, 4765.102, 4765.111, 4765.112, 4765.113, 4765.114, 4765.115 & 4765.116 Full Text

HB 376 BWC INVESTMENT BOARD (Patton. T.) To create the Workers' Compensation Investment Board and to transfer the Workers' Compensation Oversight Commission's powers and duties regarding the investment program of the Bureau of Workers' Compensation to the Investment Board. Am. & En. 102.02, 102.06, 109.981, 1707.01, 3517.13, 3517.151, 4121.12, 4121.121, 4121.125, 4121.126, 4121.128, 4123.341, 4123.342, 4123.44, 4123.441, 4121.05, 4121.051 and Sec. 3, of Am. HB 67. Full Text

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10/12/2005 - Supreme Court of Ohio Case Announcements

Wednesday, Oct. 12, 2005

2004-0883. Cobblestone Square Co., Ltd. v. Lorain Cty. Bd. of Revision, 2005-Ohio-5128.
Board of Tax Appeals, Nos. 2002-T-2024 and 2002-T-2158. Decision affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5128.pdf
Taxation – Real property – Value – Property owner fails to show economic duress was factor in fixing purchase price, when.

2004-1104. Smith v. Leis, 2005-Ohio-5125.
Hamilton App. No. C-040273. Judgment affirmed.
Moyer, C.J., Pfeifer, O'Connor and Lanzinger, JJ., concur.
Resnick, Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5125.pdf
Summary: Cash-Only Bond Violates Ohio Constitution
Criminal law – Bail – Section 9, Article I, Ohio Constitution, as amended – Cash-only bond unconstitutional under “sufficient securities” clause – Cash-only bond not authorized by Crim.R. 46 or R.C. 2937.222.

2004-1559. Fazio v. Hamilton Mut. Ins. Co., 2005-Ohio-5126.
Licking App. No. 03 CA 73, 2004-Ohio-2748. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent and would dismiss the cause as having been improvidently accepted.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5126.pdf
Summary: Insurers Could Limit Uninsured Motorist Coverage to U.S., Canada Crashes Under Former Statute
Former R.C. 3937.18 did not prohibit insurers from limiting uninsured-motorist coverage to accidents occurring in the United States and Canada.

2005-0365. Disciplinary Counsel v. Freeman, 2005-Ohio-5142.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-112. Thomas Herbert Freeman, Attorney Registration No. 0007852, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5142.pdf
Summary: Ashland, Norwalk Attorneys Suspended
Attorneys – Misconduct – Engaging in conduct adversely reflecting on fitness to practice law – Accepting employment when professional judgment will likely be affected by attorney’s personal interests – Six-month actual suspension.

2005-0382. Richland Cty. Bar Assn. v. Akers, 2005-Ohio-5144.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-013. Eric Jonathan Akers, Attorney Registration No. 0019706, is suspended from the practice of law in Ohio for 18 months, with 12 months stayed on condition.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.
O'Connor, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5144.pdf
Summary: Ashland, Norwalk Attorneys Suspended
Attorneys — Misconduct — Sharing legal fees with a nonlawyer — Conduct adversely reflecting an attorney’s fitness to practice law — Suspension with partial stay.

2005-1013. Jimison v. Wilson , 2005-Ohio-5143.
Richland App. No. 05CA20. 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-5143.pdf
Habeas corpus – Sentencing – Violation of community control – Habeas corpus not proper remedy for trial court’s alleged error in failing to notify petitioner of specific prison term that may be imposed if petitioner violates conditions of community control – State v. Brooks may not be applied to cases not pending on date of its announcement.

Tuesday, October 11, 2005

10/11/2005 - Supreme Court of Ohio Case Announcements

MISCELLANEOUS DISMISSALS

2004-2067. Quickle v. Progressive Casualty Co.
Cuyahoga App. No. 82818, 2004-Ohio-4496.
This cause is pending before the court as an appeal from the Court
of Appeals for Cuyahoga County. Upon consideration of the joint
application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, oral argument scheduled for October 12, 2005, is
cancelled, and this cause is dismissed.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-1717. State ex rel. Conley v. Canton Police Patrolmen's Assn.
In Mandamus.
The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1405. State ex rel. Banker v. Wyoming.
In Quo Warranto.

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Monday, October 10, 2005

10/10/2005 - Supreme Court of Ohio Decisions

HARROLD ET AL., APPELLEES, v. COLLIER, APPELLANT.
[Cite as Harrold v. Collier, ___ Ohio St.3d ___, 2005-Ohio-5334.]
Family law — Visitation — Grandparents’ rights — R.C. 3109.11 and 3109.12 do
not unconstitutionally infringe upon parents’ due process right to make
fundamental decisions regarding care, custody, and control of their
children — R.C. 3109.11 and 3109.12 are narrowly tailored to serve
state’s compelling interest in protecting children.
(Nos. 2004-1492 and 2004-1647 — Submitted June 14, 2005 — Decided
October 10, 2005.)

MASON CITY SCHOOL DISTRICT ET AL., v. WARREN COUNTY BOARD OF
ELECTIONS ET AL.

[Cite as Mason City School Dist. v. Warren Cty. Bd. of Elections,
___ Ohio St.3d ___, 2005-Ohio-5363.]
Elections — Writ of prohibition to prevent placement of levy-decrease
issue on ballot—Delay in protesting petition and in filing complaint for
writ —Writ denied.
(No. 2005-1704 — Submitted September 29, 2005 — Decided
October 10, 2005.)

THE STATE EX REL. CHOICES FOR SOUTH-WESTERN CITY SCHOOLS ET AL. v.
ANTHONY JR. ET AL.

[Cite as State ex rel. Choices for South-Western City Schools v. Anthony, __
Ohio St.3d __, 2005-Ohio-5362.]
Mandamus or prohibition — Elections — R.C. 5705.261 does not authorize
repeal of voter-approved levies — No writ issued.
(No. 2005-1725 ─ Submitted September 30, 2005 ─ Decided October 10, 2005.)

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