Ohio Law

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

Thursday, November 10, 2005

11/10/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

1988-1079. State v. Hicks.
Hamilton App. No. C-860173. By entry filed October 5, 2005, this
court ordered that appellant’s sentence be carried into execution on
Tuesday, the 29th day of November, 2005. In order to facilitate this
court’s timely consideration of any matters relating to the execution
of appellant’s sentence,
IT IS ORDERED by the court that the Chief Justice may suspend
application of any provisions of the Rules of Practice of the Supreme
Court, including, but not limited to, the filing requirements imposed
by S.Ct.Prac.R. XIV(1).
IT IS FURTHER ORDERED that service of documents as required by
S.Ct.Prac.R. XIV(2) shall be personal or by facsimile transmission.
IT IS FURTHER ORDERED that counsel of record for the parties shall
supply this court with a copy of any document relating to this matter
that is filed in, or issued by, any other court in this state or any federal
court, as well as any commutation, pardon, or warrant of reprieve issued
by the Governor. A copy of the document shall be delivered to the Office
of the Clerk as soon as possible, either personally or by facsimile
transmission.

2005-0867. State ex rel. Toledo Blade Co. v. Ohio Bur. of Workers' Comp.
In Mandamus. This cause came on for further consideration of the
disposition of the documents that were reviewed by the receiver
and that are currently in possession of the Clerk of this court.
Upon consideration thereof,
IT IS ORDERED by the court that the Clerk shall release the documents to
counsel for respondents or his designee. Counsel shall retrieve the documents
from the Clerk within ten days of the date of this entry.
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.

APPEALS NOT ACCEPTED FOR REVIEW

2005-1239. Am. Chem. Soc. v. Leadscope, Inc.
Franklin App. No. 04AP-305, 2005-Ohio-2557.
Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
Thomas J. Grady, J., of the Second Appellate District, sitting for
O'Connor, J.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-1789. State ex rel. John Q. Public v. Etna Twp. Bd. of Trustees.
In Mandamus.

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Wednesday, November 09, 2005

Southern District of Ohio Rules Against Sex Offenders

The United States District Court for the Southern District of Ohio (Western Division), has decided that the sex offenders who challenged an Ohio law dealing with their residency lacked the proper standing to bring the suit in the first place. Section 2950.031 of the Ohio Revised Code forbids registered sex offenders from establishing a residence or occupying a residential premises that is located within 1,000 feet of a school premises.

The court's holding?: "In this case, Plaintiffs Howard, Slack, Borek and Pacheco have failed to adduce any evidence that they live within 1,000 feet of a school premises."

For more information, Attorney General Jim Petro's press release can be found here.

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Ohio General Assembly Latest Bill Introductions

SB 223 UNCLAIMED FUNDS (Niehaus) To statutorily recognize the Division of Unclaimed Funds and the Office of Superintendent of Unclaimed Funds in the Department of Commerce and to require the registration of persons who, for compensation, agree to locate or recover the unclaimed funds for another. Am. Secs. 121.04, 121.08, 169.01, 169.13 & 169.99 & En. Secs. 169.14, 169.16 & 169.17 Full Text


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11/9/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Today's release is 16 pages long, so you'll have to follow the link to get the information.

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Monday, November 07, 2005

Ohio General Assembly Latest Bill Introductions

SB 222 REGULATORY BOARDS (Coughlin) To eliminate the consolidation of specified health-related regulatory boards within the Department of Health, other specified regulatory boards and commissions within the Department of Commerce, and the Ohio Medical Transportation Board within the Department of Public Safety and to make appropriations to these boards and commissions for fiscal year 2007. Am. 203.45, 203.54, 203.66, 203.69, 203.84, 203.87, 206.03, 206.16, 206.99, 209.04, 209.15, 209.24, 209.30, 209.33, 209.36, 209.45, 209.75, 209.81, 212.03 & 212.30 and Rep. Section 315.03 of Am. Sub. H.B. 66 of the 126th General Assembly Full Text

HB 406 MOTORCYCLE HELMETS (Patton. T.) To require persons who are under 25 years of age to wear a helmet while riding on a motorcycle either as the operator or as a passenger, to require persons convicted of failing to wear a helmet while riding a motorcycle, driving under license suspension, driving without a valid driver's license, driving under OVI suspension, driving under financial responsibility suspension, and failing to produce proof of financial responsibility in certain circumstances to pay a mandatory $500 fine, to permit those persons in certain circumstances to choose between a jail term of two consecutive weekend days or attendance at a safe and responsible driving instructional class, to create the Traumatic Brain Injury Fund and the Safe and Responsible Driving Instructional Fund, and to require some of the fines paid by such persons to be deposited into these new funds. Am. & En. 3304.23, 3304.231, 4507.164, 4509.101, 4510.11, 4510.12, 4510.14, 4510.16, 4511.53, 3304.232, 4501.40, & 4509.106 Full Text

HB 407 COMMUNITY ASSOCIATIONS (Raga) To define and establish requirements for residential community association developments. En. 5312.01 Full Text

HB 408 MEMORIAL HIGHWAY (Fende) To designate State Route Number 2 within the city of Willoughby as the "Brian Montgomery Memorial Highway." En. 5533.632 Full Text

HB 409 AGRICULTURAL COMMODITIES (Gilb) To ensure that investment earnings of the Agricultural Commmodity Depositors Fund are credited to that Fund. Am. Sec. 312.06 of Am. Sub. H.B. 66 Full Text

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11/7/2005 - 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
recuse the Ohio Supreme Court, to file motion to reinstate the
case, and request for sanctions. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is granted
and that appellant shall file the motions within ten days of the date
of this entry.

DISCIPLINARY CASES

2005-0646. Medina Cty. Bar Assn. v. Wootton
IT IS ORDERED by this court, sua sponte, that Arthur W. Wootton,
Attorney Registration No. 0033387, last known business address in
Valley City, Ohio, is found in contempt for failure to comply with this
court's order of May 6, 2005, to wit: failure to file an affidavit of
compliance on or before June 6, 2005.

MISCELLANEOUS ORDERS

In re Report of Commission
On Continuing Legal Education
Timothy Michael MacLean,
(#0069346),
ORDER

Respondent.
IT IS ORDERED by this court, sua sponte, that Timothy Michael
MacLean, Registration No. 0069346, last known business address
in Cleveland, Ohio, is found in contempt for failure to comply with
this court's order of April 5, 2002: to wit, failure to surrender attorney
registration card, surrender Certificate of Admission, and file an affidavit
of compliance on or before May 6, 2002.

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