Ohio Law

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

Friday, November 04, 2005

11/04/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2004-0586. State v. Drummond.
Mahoning C.P. No. 03CR358. This cause is pending before the
court as a death penalty appeal from the Court of Common Pleas for
Mahoning County.
IT IS ORDERED by the court, sua sponte, that the parties file additional
briefs addressing the following issues:
1. "Was the appellant denied his Sixth Amendment right to a public
trial when the trial court closed the courtroom to spectators on
February 4 and February 5, 2004?"
2. "What is the appropriate remedy should this court find that the
trial court erred in ordering the courtroom closed?"
Each party shall file a brief addressing these issues within thirty
days of the date of this entry. Responsive briefs shall be filed within
twenty days after the filing of the initial briefs. No reply briefs and no
extensions of time shall be permitted.
Lundberg Stratton, J., dissents.

2005-0192. State v. Mundt.
Noble C.P. No. 2042002. This cause is pending before the court as a
death penalty appeal from the Court of Common Pleas of Noble County.
Upon consideration of appellant's motion to supplement the record,
IT IS ORDERED by the court that the motion is granted and that the
Clerk of the Noble County Court of Common Pleas shall certify and
transmit the transcripts of the March 23 and March 24, 2004,
arraignment hearing to the Clerk of this court within twenty days
of the date of this entry.

2005-0755. In re Schaefer.
Geauga App. No. 2004-G-2594, 2005-Ohio-1258. This cause is
pending before the court as an appeal involving termination of
parental rights/adoption. Upon consideration of the motion for
leave to intervene of David Morris and Brenda Morris, paternal
grandparents,
IT IS ORDERED by the court that the motion for leave is denied.
Resnick and Pfeifer, JJ., dissent.

2005-1747. State ex rel. McCarty v. Brunsman.
Ross App. No. 05CA2861. This cause is pending before the court as
an appeal from the Court of Appeals for Ross County. Upon
consideration of appellant's motion for appointment of counsel,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2005-1478. State ex rel. Rolfes v. Indus. Comm.
Franklin App. No. 04AP-657. 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 October 31, 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.

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Thursday, November 03, 2005

11/3/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further
consideration of appellant's motion for leave to file a motion to strike
appellee's response to this court's show cause order. Upon
consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further
consideration of appellant's request to bring a court reporter to the
hearing scheduled for November 29, 2005. Upon consideration thereof,
IT IS ORDERED by the court that the request is granted.

2004-1523. State v. Sherrills.
Cuyahoga App. No. 84961. 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.

2005-1316. State v. Frazier.
Lucas C.P. No. CR02004-01509. This cause is pending before the court
as a death penalty appeal from the Court of Common Pleas of Lucas
County. Upon consideration of the appellant's motion for stay of
execution scheduled for December 16, 2005,
IT IS ORDERED by the court that the motion is granted.

DISCIPLINARY CASES

2004-1395. Disciplinary Counsel v. Beeler.
On application for reinstatement of Robert Logan Beeler, Attorney
Registration No. 0002255. Application granted and respondent
reinstated to the practice of law and placed on probation.

MISCELLANEOUS DISMISSALS

2005-1774. State v. Cuevas.
Butler App. No. CA2004-12-299. This cause is pending before the
court as a discretionary appeal. It appears from the records of the
court that the appellant has not filed a memorandum in support of
jurisdiction, due October 28, 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 is dismissed sua sponte.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R.xXIV(6):
2005-2006. State ex rel. Honda of Am. Mfg, Inc. v. Indus. Comm.
Franklin App. No. 04AP-765, 2005-Ohio-4672.

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Is the Gun (Still) Smoking in Regard to Ohio's 2004 Presidential Election Results?

The National Election Data Archive seems to think it is. In a report entitled, The Gun is Smoking: Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount, the NEDA cites "virtually irrefutable evidence of large scale vote miscounts in Ohio during the 2004 presidential election." Read it for yourself and see if you agree.

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Uniform Mediation Act Becomes Effective in Ohio

The UMA was introduced in Ohio as House Bill 303, passed by the House and Senate in 2004, and was signed by Governor Bob Taft on Jan. 28, 2005. Ohio became the fourth state to enact the law, joining Nebraska, Illinois and New Jersey. The UMA is codified at sections 2710.01-2710.10 of the Ohio Revised Code, and became effective as of Oct. 29, 2005, repealing Section 2317.023.

For more information, check out the web site of the Supreme Court of Ohio's Dispute Resolution Section.

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Wednesday, November 02, 2005

11/2/2005 - Supreme Court of Ohio Decisions

Wednesday, Nov. 2, 2005

2004-0963. State v. Tate, 2005-Ohio-5511.
Cuyahoga App. No. 82871, 2004-Ohio-2007. Judgment reversed and cause remanded.
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-5511.pdf

Criminal law — R.C. 2911.02 — Robbery — Court of appeals’ judgment reversed on the authority of State v. Thomas and cause remanded.

2004-2145. Cleveland Bar Assn. v. Para-Legals, Inc., 2005-Ohio-5519.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-12. Para-Legals, Inc., Jay LeVert, and Leah Hampton are enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5519.pdf

Unauthorized practice of law – Preparing legal documents for others and appearing on behalf of others in court of law – Practice enjoined.

2005-0716. State ex rel. Graham v. Niemeyer, 2005-Ohio-5522.
Hancock App. No. 5-05-06 . 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-5522.pdf

Appeal from dismissal of complaint for writ of procedendo — Writ of procedendo denied, when.

2005-0252. State ex rel. Musial v. N. Olmsted, 2005-Ohio-5521.
Cuyahoga App. No. 84201, 2005-Ohio-95. Judgment 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-5521.pdf

Petition for writ of mandamus — Public Records Act — Confidential law-enforcement records are exempt from disclosure under Public Records Act.

2005-0752. Cleveland Bar Assn. v. Rus, 2005-Ohio-5520.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-058. Vladimir Michael Rus, Attorney Registration No. 0023776, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
O'Connor and Lanzinger, JJ., dissent and would permanently disbar respondent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5520.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys — Misconduct — Indefinite suspension — Conduct involving moral turpitude — Conduct involving dishonesty, fraud, and deceit — Conduct prejudicial to administration of justice — Conduct adversely reflecting on fitness to practice law — Failure to promptly deliver funds to client — Failure to cooperate in investigation of misconduct.

2005-0763. Toledo Bar Assn. v. Vild, 2005-Ohio-5518.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-022. Jeffrey Thomas Vild, Attorney Registration No. 0029535, is indefinitely suspended from the practice of law in Ohio.
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-5518.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys – Misconduct – Engaging in conduct adversely reflecting on fitness to practice law – Failing to promptly return client’s property – Failing to cooperate in disciplinary investigation – Intentionally failing to seek client’s lawful objective – Intentionally failing to carry out contract of employment -- Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation – Indefinite suspension.

2005-0798. Columbus Bar Assn. v. Moesle, 2005-Ohio-5517.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-048. Eric J. Moesle, Attorney Registration No. 0063653, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Lundberg Stratton, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5517.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys – Misconduct – Engaging in conduct prejudicial to administration of justice -- Engaging in conduct adversely reflecting on fitness to practice law – Engaging in conduct involving dishonesty, deceit, fraud or misrepresentation – Neglecting a legal matter – Intentionally failing to seek client’s lawful objectives – Intentionally failing to carry out contract of employment – Causing damage to a client – Failing to return client’s funds promptly – Failing to cooperate in disciplinary proceeding – Indefinite suspension.

2005-0823. Disciplinary Counsel v. Dragelevich, 2005-Ohio-5515.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-024. J. Walter Dragelevich, Attorney Registration No. 0019672, is indefinitely suspended 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-5515.pdf
Summary: Court Indefinitely Suspends Four Lawyers

Attorneys — Misconduct — Felony conviction — Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation — Engaging in conduct adversely reflecting on fitness to practice law — Indefinite suspension with credit for time served.

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Ohio General Assembly's Latest Bill Introductions

SB 221 DRIVING AGE (Cates) 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 midnight and six a.m. or with more than one person who is not a family member occupying the vehicle. Am. 4507.05 & 4507.071 Full Text

HB 402 DELINQUENT PROPERTY TAXES (Trakas) To provide specific funding sources and methods of payment for private legal counsel who collect certain delinquent property taxes. An. & En. 305.14 & 321.262 Full Text

HB 403 OCCUPATIONAL THERAPY (Fessler) To make changes to the occupational therapy, physical therapy, and athletic trainers licensing laws. Am, En, & Rep. 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4755.01 to 4755.13, 4755.40 to 4755.43, 4755.45 to 4755.48, 4755.50 to 4755.52, 4755.56, 4755.61 to 4755.66, 4755.99, 4755.01 (4755.04), 4755.02 (4755.05), 4755.03 (4755.01), 4755.04 (4755.02), 4755.05 (4755.06), 4755.06 (4755.07), 4755.07 (4755.08), 4755.08 (4755.09), 4755.09 (4755.10), 4755.10 (4755.11), 4755.11 (4755.12), 4755.12 (4755.13), 4755.13 (4755.03); 4755.44, 4755.021, 4755.411, 4755.412, 4755.421, 4755.431, 4755.441, 4755.451, 4755.482, 4755.511 & 4755.44 Full Text

HB 404 URBAN HOMESTEAD ZONES (Wolpert) To permit the creation of urban homestead zones in cities to encourage the repopulation of certain city areas, to create a state urban homestead scholarship program administered jointly by the Department of Development and the Department of Education, and to require tax increment financing in urban homestead zones that participate in the scholarship program to help fund the program. En. 730.01 to 730.10, 3310.70 to 3310.79 & 5709.45 Full Text

HB 405 TAX CREDITS (Hughes) To allow a nonrefundable credit against the personal income tax for the installation of energy-efficient devices in homes. Am. & En. 5747.98 & 5747.72 Full Text

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Ex-Tipp City Teacher's Lawsuit Allowed to Live On

The United States 6th Circuit Court of Appeals agreed with a district judge's decision to deny a request from the Tipp City Board of Education to dismiss a civil rights case brought on behalf of teacher Shelley Evans-Marshall. The litigation's genesis had to do with incidents in 2001 in which groups of parents criticized the appropriateness and merit of some reading materials Marshall assigned to students as optional reading: Fahrenheit 451, To Kill a Mockingbird, and Siddhartha.

In denying the Board's motion to dismiss, the court stated that the "Board’s approval of Evans-Marshall’s termination is an injury that would chill First Amendment expression. Evans-Marshall also specifically alleges that the Board’s decision was at least partly motivated by the protected activity. As with the individual defendants, the Board’s rebuttal that the termination was for legitimate, non-discriminatory reasons cannot be considered without some factual discovery."

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Tuesday, November 01, 2005

State Issue 1 Earns One Endorsement, One Blast

Ohio's State Issue 1, also known as "Jobs for Ohio," earned a late endorsement from the Ohio Hospital Association. The statement, released on October 28, states that the issue will create jobs and expand research in areas such as biomedical studies, help local government improve its public infrastructure, expand Ohio’s research capabilities, prepare economic development sites and facilities in Ohio, enhance educational opportunities and improve Ohio’s business climate.

The blast comes from The Buckeye Institute, and was posted on October 27th. Profesor Robert A. Lawson, the George H. Moor Chair of Business and Economics at Capital University, states within his article that voters should know the facts before saddling the state and its citizens with $2 billion of debt. He rebuts the claim that Issue 1 would not raise taxes, calling it disingenuous at best. He states that every single dollar of the $2 billion in bonds has to be paid back by taxpayers with interest totaling about $600 million (italics in original), and that (cliche alert on) there is no such thing as a free lunch.

Issue 1 is important for the state, regardless of whether you are for it or against it. The advice from here is to read as much as you can before next Tuesday so that an informed decision can be made at the booth.

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Ohio County Profiles Now Online

The Ohio Department of Development's Office of Startegic Research has recently released its new 2005 Ohio County Profiles. An interactive map or drop-down menu leads to the information for each of Ohio's 88 counties. For those who would rather have a paper copy or CD, the price is $135 for the former, $100 for the latter, or $175 for both.

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Monday, October 31, 2005

10/31/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS
2005-1946. State ex rel. KNG Energy, Inc. v. Cuyahoga Cty. Court
of Common Pleas.
In Prohibition. This cause originated in this court on the filing of a
complaint for a writ of prohibition. Upon consideration of relators’
motion for emergency stay of the proceedings in the trial court
and/or expedited issuance of alternative writ of prohibition,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2005-1317. Jewish Senior Hous. of Akron v. Summit Cty. Bd. of
Revision. Board of Tax Appeals, No. 2003V2089. This cause is pending
before the court as an appeal from the Board of Tax Appeals. It
appears from the records of this court that appellant has not filed a
merit brief, due October 26, 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 is dismissed sua sponte.
IT IS FURTHER ORDERED that costs are assessed pursuant to
S.Ct.Prac.R. XI(5), and that a mandate be sent to the Board of Tax
Appeals to carry this judgment into execution; and that a copy of this
entry be certified to the Board of Tax Appeals for entry.

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