Ohio Law

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

Tuesday, February 14, 2006

2/14/2006 - Supreme Court of Ohio Case Announcements

MISCELLANEOUS DISMISSALS

2005-1890. State v. Malcolm.
Cuyahoga App. No. 85351, 2005-Ohio-4133. This cause is pending
before the court as an appeal from the Court of Appeals for Cuyahoga
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.

2005-2326. State v. LaRiva.
Franklin App. No. 05AP-5, 2005-Ohio-5928. This cause is pending
before the court as a discretionary appeal and cross-appeal. It appears
from the records of the court that the appellee/cross-appellant has not
filed a memorandum in response and in support of the cross-appeal,
due January 11, 2006, in compliance with the Rules of Practice of the
Supreme Court and therefore has failed to prosecute the crossappeal
with the requisite diligence. Upon consideration thereof,
IT IS ORDERED by the court that the cross-appeal is dismissed sua sponte.
IT IS FURTHER ORDERED that the appeal of Christopher M. LaRiva
remains pending.

MISCELLANEOUS ORDERS

2005-1930. Cincinnati Bar Assn. v. Bailey.
This matter is pending before the court on the filing of a report by
the Board on the Unauthorized Practice of Law, pursuant to
Gov.Bar R. VII. On January 25, 2006, respondent filed a motion
for order declaring Gov.Bar R. VII unconstitutional on
its face and as applied. Upon consideration thereof,
IT IS ORDERED by the court that the motion is denied.

In re Report of the Commission on
Continuing Legal Education.
Ivan Gerald Haggins
(#0036839)
Respondent.
Case No. CLE-04-36839
O R D E R
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (“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, including the
above-named respondent, for failure to comply with the provisions of
Gov.Bar R. X, Attorney Continuing Legal Education, for the
2002-2003 reporting period. On April 8, 2005, this court
adopted the recommendation of the commission, imposed a sanction
fee upon the respondent and suspended the respondent from the
practice of law pursuant to Gov.Bar R. X(6)(B)(3) and (5)(A)(4). The
court further ordered that respondent shall not be reinstated to the
practice of law in Ohio until respondent complies with the requirements
for reinstatement set forth in Gov.Bar R. X(7), respondent complies
with the Supreme Court Rules for the Government of the Bar of Ohio,
respondent complies with this and all other orders of the court,
and this court orders respondent reinstated.
On January 18, 2006, the commission filed a recommendation
pursuant to Gov.Bar R. X(7)(B)(2), finding that the respondent has
paid all fees assessed for noncompliance, has made up all deficiencies
and is now in full compliance with all requirements of Gov.Bar R. X,
and recommending that the respondent be reinstated to the
practice of law in Ohio. The commission certified that respondent
had completed the credit hours of continuing legal education
required during his suspension by this court’s order of suspension.
On February 7, 2006, respondent satisfied all the requirements
of this court’s order of suspension. Upon consideration thereof,
IT IS ORDERED by the court that the recommendation of the
commission is adopted and respondent, Ivan Gerald Haggins, is
hereby reinstated to the practice of law.

MEDIATION REFERRALS

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

2005-2444. AAP St. Marys Corp. v. Wilkins.
Board of Tax Appeals, No. 2003-M-1100.
2006-0165. State ex rel. Shelly Materials, Inc. v. Clark Cty.
Bd. of Commrs. Clark App. No. 2003CA72.
2006-0255. Volibar Realty Co. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-T-633.
2006-0268. Seven Seventeen HB Philadelphia No. 2 v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2002-A-1925.

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