Ohio Law

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

Thursday, December 01, 2005

12/01/2005 - Supreme Court of Ohio Case Announcments and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0150. Lewis v. J. E. Wiggins & Co.
Franklin App. No. 04AP-469, 04AP-544, and 04AP-668, 2004-Ohio-6724.
This cause came on for further consideration of appellant's motion for leave
to file a motion for judicial notice, and motion for leave to file a motion to
vacate this court's May 25, 2005 order. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2005-1678. State v. Hale.
Cuyahoga C.P. No. CR-04-54857. This cause is pending before the
court as a death penalty appeal from the Court of Common Pleas of
Cuyahoga County. Upon consideration of the appellant's motion for
stay of execution scheduled for June 21, 2006,
IT IS ORDERED by the court that the motion is granted pending final
disposition of this appeal.

MEDIATION REFERRALS

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

2005-1992. State ex rel. Cafaro Mgt. Co. v. Mabe.
In Mandamus.

2005-2153. State ex rel. Monroe v. Indus. Comm.
Franklin App. No. 04AP-1198, 2005-Ohio-5157.

2005-2196. Raintree Golf, LLC v. Summit Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-B-2040.

2005-2199. Raintree Golf, LLC v. Summit Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-B-2039.

2005-2208. 12610 Kirby Ave. LLC v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-257.

ADMINISTRATIVE ACTIONS

1. Judge Lee Sinclair was reappointed to the Board of Trustees of the Ohio
Judicial College.
2. Judge John Howard Burlew III, Mary Beth Beazley, Andrew R. Young, Dean
Athornia Steele, and Kimberly C. Shumate were reappointed to the
Commission on Legal Education Opportunity.
3. Walter Reynolds and Nancy D. Moore were reappointed to the Board of
Commissioners on Grievances and Discipline.
4. Adolfo A. Tornichio was appointed to the Board of Commissioners on
Character and Fitness.
5. Judge James Brogan and Nancy Schuster were approved for the Commission
on the Rules of Practice and Procedure in Ohio Courts.
6. J. Craig Wright was appointed to the Ohio Public Defender Commission.
7. Amendments to the Rules for the Government of the Bar (Rule XVII:
Commission on Legal Education Opportunity) were adopted, effective
January 1, 2006.
8. Proposed temporary provision of Gov.Bar R. X and the Lawyer to Lawyer
Mentoring Program will be published for public comment.

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Wednesday, November 30, 2005

11/30/2005 - Supreme Court of Ohio Case Announcements

Wednesday, Nov. 30, 2005

2002-2130. State v. McKnight, 2005-Ohio-6046. Vinton C.P. No. 01-CR-7230. Judgment affirmed. Resnick, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur. Moyer, C.J., and Lanzinger, J., concur in part and dissent in part. Pfeifer, J., concurs in part and dissents in part. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6046.pdf
Summary: Supreme Court Affirms McKnight Convictions and Death Sentence for Two Killings

2004-2111. Dayton Bar Assn. v. Addison , 2005-Ohio-6044. On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-03. Clarence W. Addison II is enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty is imposed.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-6044.pdf
Summary: Court Imposes $10,000 Fine for Unauthorized Practice of Law

2005-0799. Disciplinary Counsel v. Greco, 2005-Ohio-6045. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-029. Anthony William Greco, Attorney Registration No. 0061582, is suspended from the practice of law in Ohio for two years, with 18 months stayed on conditions. Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, and Lanzinger, JJ., concur. Pfeifer and O'Donnell, JJ., would suspend respondent for two years, all stayed. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6045.pdf
Summary: Court Suspends Columbus Attorney

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Tuesday, November 29, 2005

Ohio General Assembly Latest Bill Introductions

SB 233 NATURAL GAS TAXES (Hagan, R.) To expand the sales tax exemption for sales of natural gas, and to extend the exemption to sales of propane. Am. 5739.02 Full Text

HB 433 URBAN TOWNSHIPS (Carano) To provide urban townships with broader authority to regulate traffic, pedestrians, and obstructions during a declared emergency, to subject parked or stopped vehicles in urban townships to the same lighting provisions as specified for vehicles in municipal corporations, to allow urban townships to adopt a reasonable fee without a specified limit for transient vendor registrations, and to allow urban townships to charge for subsequent false fire alarms occurring any time after a notice of a previous false alarm is sent. Am. 505.391, 505.82, 505.94 & 4513.10 Full Text

HB 434 HUMAN CLONING (Yuko) To prohibit human cloning. Am. & En. 3701.99, 3701.94, 3701.941, 3701.942 & 3701.943 Full Text

HB 435 ATHLETIC TRAINERS (DeWine) To require school districts to employ licensed athletic trainers under the same type of contract applicable to licensed occupational or physical therapists employed by the districts. En. 3319.0811 Full Text

HB 436 DOMESTIC VIOLENCE (Brown) To include children under the age of eighteen with whom an offender has had or has a dating relationship as victims under the domestic violence laws and to require mandatory transfer for criminal prosecution of a case involving a juvenile offender who is fourteen years of age or older, commits a homicide offense against such a child, and previously committed domestic violence against that child. Am. 2152.02, 2152.10, 2152.12, 2919.25, 2919.251, 2919.26, 3113.31 & 3113.33 Full Text

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U.S. Supreme Court Reverses 6th Circuit Ruling in Death Penalty Case

The U.S. Supreme Court vacated a January ruling of the United States Court of Appeals for the 6th Circuit that had reversed the conviction and death sentence of a U.S.-British citizen for starting a fire that killed a northwest Ohio girl. The Justices, in an unsigned opinion, stated that the 6th Circuit had erred when it reversed Kenneth Richey's sentence because of "constitutional errors" that undermined its confidence in the reliability of the conviction. The Supreme Court of Ohio decision appealed from dates back to 1992.

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11/29/2005 - Supreme Court of Ohio Case Announcements

MEDIATION REFERRALS

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

2005-2131. State ex rel. Holland v. Gen. Motors Corp.
Franklin App. No. 05AP-49, 2005-Ohio-5649.

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2005-1631. State ex rel. Advanced Metal Precision Prod. v. Indus. Comm.
Franklin App. No. 04AP-95, 2005-Ohio-3789.

2005-1717. State ex rel. Conley v. Canton Police Patrolmen's Assn.
In Mandamus.

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Monday, November 28, 2005

11/28/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-1223. State ex rel. Estate of Hards v. Klammer.
Lake App. No. 2004-L-189, 2005-Ohio-2655. This case is pending
before the court as an appeal from the Court of Appeals for Lake County.
On July 26, 2005, the court referred this case to mediation.
IT IS ORDERED by the court, sua sponte, that the parties show cause,
within ten days of the date of this entry, why this case should not be
returned to the regular docket.

2005-2073. State v. Ashipa.
Hamilton App. No. C-040867. This cause is pending before the court
as a discretionary appeal. Upon consideration of appellant's motion
for stay of court of appeals' judgment,
IT IS ORDERED by the court that the motion is granted.
Lanzinger, J., not participating.

DISCIPLINARY CASES

2005-1949. In re Rucker.
On October 20, 2005, and pursuant to Gov.Bar R. V(5)(A), the Secretary
of the Board of Commissioners on Grievances and Discipline of the
Supreme Court of Ohio submitted to this court a certified copy of a
determination of default of a child support order by Retanio A. Rucker,
an attorney licensed to practice law in the state of Ohio.
Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is
ordered and decreed that Retanio A. Rucker, Attorney Registration
No. 0039744, last known business address in Reynoldsburg, Ohio, be,
and hereby is, suspended from the practice of law for an interim period,
effective as of the date of this entry.
IT IS FURTHER ORDERED that this matter be, and hereby is, referred to
the Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.
IT IS FURTHER ORDERED that Retanio A. Rucker immediately cease
and desist from the practice of law in any form and hereby is forbidden to
appear on behalf of another before any court, judge, commission, board,
administrative agency or other public authority.
IT IS FURTHER ORDERED that, effective immediately, he be
forbidden to counsel or advise, or prepare legal instruments for others,
or in any manner perform legal services for others.
IT IS FURTHER ORDERED that he hereby is divested of each, any
and all of the rights, privileges and prerogatives customarily accorded
to a member in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that respondent shall not be reinstated
to the practice of law until (1) the Board of Commissioners on Grievances
and Discipline files in accordance with Gov.Bar R. V(5)(D)(1)(b) with the
Supreme Court a certified copy of a judgment entry reversing the
determination of default under a child support order, or it files in
accordance with Gov.Bar R. V(5)(D)(1)(c) with the Supreme Court
a notice from a court or child support enforcement agency that
respondent is no longer in default under a child support order or is
subject to a withholding or deduction notice or a new or modified child
support order to collect current support or any arrearage due under
the child support order that was in default and is complying with that
notice or order, and (2) this court orders respondent reinstated to the
practice of law.
IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the
Rules of Practice of the Supreme Court of Ohio, including requirements
as to form, number, and timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed
made on respondent by sending this order, and all other orders in this
case, by certified mail to the most recent address respondent has given
to the attorney registration office.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that
publication be made as provided for in Gov.Bar R. V(8)(D)(2), and that
respondent bear the costs of publication.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-2143. Sycamore Community School Dist. Bd. of Edn. v. Hamilton Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2003-T-2131.

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Ohio Department of Taxation Introduces OHTAX-Alert

On November 18, 2005, the Ohio Department of Taxation announced OHTAX-Alert, an e-mail information service that allows you to choose which tax topics you'd like to receive tax notices on, and avoid cluttering your electronic in-box with items of limited value. On the sign-up page, simply enter your name and a valid e-mail address along with choosing your topics of interest.

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