Ohio Law

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

Thursday, January 19, 2006

1/19/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

1987-1614. State v. Benner.
Summit App. No. 12664. By entry filed December 28, 2005, this court ordered
that appellant’s sentence be carried into execution on Tuesday, February 7, 2006.
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.

2005-0896. Theobald v. Univ. of Cincinnati.
Franklin App. No. 02AP-560, 160 Ohio App.3d 342, 2005-Ohio-1510. This cause
is pending before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of the motion of amicus curiae Medical College of
Ohio Physicians to withdraw its merit brief,
IT IS ORDERED by the court that the motion is granted.

2005-0941. State v. Suttles.
Hamilton App. No. C-030908. This cause is pending before this court as an appeal
from the Court of Appeals for Hamilton County. Upon consideration of the
motion to withdraw as counsel filed by A. Norman Aubin,
IT IS ORDERED by the court that the motion is granted.
IT IS FURTHER ORDERED, sua sponte, that the Ohio Public Defender is
appointed to represent the appellant.

2006-0068. Harpster v. Advanced Elastomer Sys., L.P.
Summit App. No. 22684, 2005-Ohio-6919. This cause is pending before the court
as a discretionary appeal and claimed appeal of right. Upon consideration of
appellant's motion for stay of the court of appeals' judgment,
IT IS ORDERED by the court that the motion for stay is denied.
Lundberg Stratton, J., dissents.

MISCELLANEOUS DISMISSALS

2004-0001. Academy of Medicine of Cincinnati v. Aetna Health, Inc.
Hamilton App. Nos. C-030109, C-030110, and C-030111, 155 Ohio App.3d 310,
2003-Ohio-6194. This cause is pending before the court as an appeal from the
Court of Appeals for Hamilton County. Upon consideration of Community
Insurance Company d.b.a. Anthem Blue Cross & Blue Shield's application for
dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, the appeal of Community Insurance Company is dismissed.
IT IS FURTHER ORDERED by the court that the appeal of United
Healthcare of Ohio, Inc., remains pending.

2005-0561. State ex rel. Borden Chem., Inc. v. Mourn.
Franklin App. No. 03AP-1213, 2005-Ohio-1121. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of appellant'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 case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2006-0035. Polaris Commerce Center, LLC v. Delaware Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-B-1100.

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1770. State ex rel. Crocker v. Indus. Comm.
Franklin App. No. 04AP-820, 2005-Ohio-4390.

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

2005-2070. Soin v. Greene Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-490.

MISCELLANEOUS ORDERS

In re Report of the Commission
on Continuing Legal Education.
O R D E R
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the “commission”) pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys and judges, the respondents
herein, for failure to comply with the provisions of Gov.Bar R. X and Gov.Jud. R.
IV, Continuing Legal Education, for the 2003-2004 reporting period.
On December 13, 2005, pursuant to Gov.Bar R. X(6)(B)(1), this court issued
to each respondent an order to show cause on or before January 12, 2006, why the
commission’s recommendation should not be adopted. Pursuant to Gov.Bar R.
X(6)(B)(2), the commission may file an answer brief to any objections within
fifteen days of the filing of the objections.
IT IS ORDERED by the court, sua sponte, that the commission may
consolidate its responses to the respondents’ objections in a single answer brief
that shall be filed no later than March 13, 2006.
IT IS FURTHER ORDERED by the court, sua sponte, that the notice and
service requirements of Gov.Bar R. X(6)(C) shall not apply to this order, and
announcement and publication of this order by the Supreme Court Reporter in the
Ohio Official Reports and the Ohio State Bar Association Report shall constitute
notice to the respondents.

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