Ohio Law

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

Wednesday, November 23, 2005

11/23/2005 - Supreme Court of Ohio Case Announcements

Wednesday, Nov. 23, 2005

2002-1604. State v. Jackson , 2005-Ohio-5981.
Allen C. P. No. CR2002-0011. Judgment affirmed in part and reversed in part, and cause remanded.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, J., concurs in part and dissents in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5981.pdf
Summary: Court Affirms One Death Sentence in Lima Murders, Remands Second for Resentencing
Criminal law — Aggravated murder — One sentence of death upheld and one sentence of death vacated and cause remanded for resentencing — In a death-penalty case involving the murder of a young child, the defendant is entitled, upon request, to have prospective jurors informed of that fact and to ask questions aimed at revealing bias.

2004-2110. Cleveland Bar Assn. v. Washington, 2005-Ohio-5978.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-10. Nathaniel Washington 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-5978.pdf
Unauthorized practice of law – Counseling clients and preparation of legal documents by nonlawyer on behalf of another — Practice enjoined.

2004-2159. Mahoning Cty. Bar Assn. v. Lavelle, 2005-Ohio-5976.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-110. Mark Joseph Lavelle, Attorney Registration No. 0061904, is suspended from the practice of law in Ohio for 18 months, with 12 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-5976.pdf
Summary: Youngstown Attorney Suspended
Attorneys—Misconduct—Neglecting an entrusted legal matter—Failure to cooperate in disciplinary proceedings—Inadequate supervision of nonlawyer employee—Conduct adversely reflecting on fitness to practice law—Conduct prejudicial to administration of justice—Eighteen-month suspension with 12 months stayed on conditions.

2004-2164. Ohio State Bar Assn. v. Cohen, 2005-Ohio-5980.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-04. Randy Cohen is enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Pfeifer and O'Donnell, JJ., concur but would also impose a $10,000 civil penalty.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5980.pdf
Unauthorized practice of law – Preparation by nonlawyer of wills, bankruptcy petitions, and dissolution pleadings for another — Practice enjoined.

2005-0180. Spivey v. Keller , 2005-Ohio-5973.
Hardin App. No. 6-04-09 , 2004-Ohio-6667. 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-5973.pdf
Family law — Visitation — Grandparents' rights — Court of appeals’ judgment affirmed on the authority of Harrold v. Collier.

2005-0386. Lobdell v. Lobdell, 2005-Ohio-5974.
Licking App. No. 2004 CA 0036, 2005-Ohio-80. Sua sponte, cause dismissed as having been improvidently accepted.
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-5974.pdf
Appeal dismissed as improvidently accepted.

2005-0548. Crigger v. Crigger, 2005-Ohio-5975.
Franklin App. No. 04AP-288, 2005-Ohio-519. 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-5975.pdf
Family law — Visitation — Grandparents' rights — Court of appeals’ judgment affirmed on the authority of Harrold v. Collier.

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Tuesday, November 22, 2005

Supreme Court of Ohio Launches New Ohio Judicial Center Website

As part of the ongoing effort to make the judicial system more accessible to Ohioans, the Supreme Court of Ohio today launched a new Web site about the Ohio Judicial Center.

At www.ohiojudicialcenter.gov, visitors can learn about the art and history of this historic building, view a directory of its occupants and get information about tours and places of interest. There also is a 360-degree virtual tour of the Courtroom and a timeline of the Court’s history.

The Web site introduces the Supreme Court of Ohio Visitor Education Center, which will open next month. The center is designed to provide both adult and student visitors with an understanding and appreciation of the history, role and responsibility of the Ohio court system.

The Supreme Court plans to complete a full redesign of its main Web site (www.supremecourtofohio.gov ) in early 2006.

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11/22/2005 - Supreme Court of Ohio Case Announcements

MERIT DECISIONS WITHOUT OPINIONS

2005-2185. State ex rel. McCourt v. Spurgeon.
In Prohibition. On relator's motion for issuance of an immediate
alternative writ. Motion denied. On S.Ct.Prac.R. X(5) determination,
cause dismissed.
Pfeifer, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur.
Moyer, C.J., and Resnick, J., dissent and would not expedite the
S.Ct.Prac.R. X(5) determination.
Lanzinger, J., not participating.

MISCELLANEOUS DISMISSALS

2005-1568. State ex rel. Wheeler v. Ohio Dept. of Transp.
Franklin App. No. 04AP-662, 2005-Ohio-3786. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of the parties' joint application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1814. State v. Shahan.
Franklin App. No. 05AP-114. This cause is pending before the court
as an appeal from the Court of Appeals for Franklin County. Upon
consideration of appellee's motion to strike notice of appeal and
memorandum in support of jurisdiction,
IT IS ORDERED by the court that the motion is granted. Accordingly,
this cause is dismissed.

2005-1923. Frost v. Culotta.
In Prohibition. This cause originated in this court on the filing of a
complaint for a writ of prohibition. 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.

MEDIATION REFERRALS

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

2005-1865. State ex rel. Donley v. Kessler.
In Prohibition.

2005-2108. State ex rel. Van Gundy v. Indus. Comm.
Franklin App. No. 04AP-1101, 2005-Ohio-5089.

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1862. Ameritech Publishing, Inc. v. Wilkins.
Board of Tax Appeals, No. 2003-V-698.

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Ohio General Assembly's Latest Bill Introductions

SB 228 DRUG REPOSITORY PROGRAM (Schuring) To require terminal and wholesale distributors of dangerous drugs to send to the Drug Repository Program unused or unsold prescription drugs that qualify for the Program. Am. 3715.87, 3715.871, 3715.872 & 3715.83 Full Text

SB 229 SEX OFFENDER PLATES (Coughlin) To create a sex offender license plate and to establish the conditions for its use. Am. & En. 2950.99, 2950.15 & 4503.237 Full Text

SB 230 LIVESTOCK FARM SITING (Roberts) To revise the law governing concentrated animal feeding facilities; to require the placement of the historic village of Longtown on the State Registry of Historic Landmarks, and to prohibit development on land within an historic site that is on the State Registry and that was formed by freedman or escaped slaves Am., En, & Rep. 903.02, 903.04, 903.05, 903.10, 149.551, 149.552, 903.021, 903.101, 903.102 & 903.20 Full Text

SB 231 MEDICAL MALPRACTICE RATES (Schuring) To generally impose a moratorium for one year on increases in medical malpractice insurance premiums and to declare an emergency. Full Text

SB 232 PUBLIC MEETINGS (Schuring) To specifically provide that a public body cannot engage in actions that have the effect of circumventing the requirements of Ohio's open meetings laws, such as conducting prearranged discussions of public business via electronic mail create or received by or coming under the jurisdiction of any public office may qualify as a public record. Am. 101.15, 121.22 & 149.011 Full Text

HB 428 PUBLIC DANCES (Strahorn) To permit townships to issue permits for public dances. Am. & En. 503.99 & 503.70 to 503.77 Full Text

HB 429 REZONING NOTICES (DeWine) To require a county, township, or statutory municipal corporation zoning authority to give notice to the commander of a military base, camp, installation, or airfield that is at least 30 acres in size when considering proposed rezoning or redistricting of property that is within 3,000 feet of that base, camp, installation, or airfield. Am 303.12, 519.12, 713.12 & 4504.18 Full Text

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