Ohio Law

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

Monday, March 20, 2006

3/20/2006 - Supreme Court of Ohio Case Announcements

Monday, March 20, 2006

2004-0738. Kish v. Akron , 2006-Ohio-1244.
On Order from the United States Court of Appeals for the Sixth Circuit Certifying a Question of State Law, Nos. 2002-3631 and 2002-3632. Certified question answered. See opinion.
Moyer, C.J., Resnick, Pfeifer and O'Connor, JJ., concur.
Lundberg Stratton, O'Donnell and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1244.pdf
Summary: Court Holds Each Employee Comp-Time Form Counts as Destroyed ‘Record’ In Akron Case

2004-1877. State v. Saxon, 2006-Ohio-1245.
Cuyahoga App. No. 83889, 2004-Ohio-5017. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1245.pdf
Summary: Court Holds Criminal Sentences Must Be Reviewed Individually, Not As ‘Package’

MERIT DECISIONS WITHOUT OPINIONS

2006-0291. State ex rel. Norfolk S. Ry. Co. v. Pub. Util. Comm.
In Mandamus and Prohibition. On relator's motion for stay of
execution of the order issued by the Public Utilities Commission,
respondent's motion to dismiss, the motion for leave to intervene
of the city of Columbus, the motion to dismiss of the city of Columbus,
the motion for leave to intervene of Nationwide Realty Investors Ltd.,
and relator's motion to strike respondent's motion to dismiss. Motion
for stay of execution is denied. Motions for leave to intervene are
granted. Motion to strike respondent's motion to dismiss is granted in
part, and the evidence attached to respondent's motion to dismiss
is stricken. Motions to dismiss are granted. Cause dismissed.
O'Donnell, J., would deny the motions to dismiss.

MOTION AND PROCEDURAL RULINGS

2005-1047. State v. Upshaw.
Clark App. No. 05CA35. This cause is pending before the court on
the certification of a conflict by the Court of Appeals for Clark
County. Upon consideration of appellee's motion for leave to be
present at oral argument, IT IS ORDERED by the court that
the motion for leave is denied.

2005-1621. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 04-1931-EL-AAM. This cause
is pending before the court as an appeal from the Public Utilities
Commission of Ohio. Upon consideration of appellee's motion to
dismiss,
IT IS ORDERED by the court that the motion is denied.
Resnick and O'Donnell, JJ., dissent.
IT IS FURTHER ORDERED, sua sponte, that this cause be
consolidated with 2005-1679, Ohio Consumers' Counsel v. Pub.
Util. Comm., Public Utilities Commission, No. 04-1645-EL-AAM.

2005-1679. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 04-1645-EL-AAM. This cause is
pending before the court as an appeal from the Public Utilities
Commission of Ohio. Upon consideration of appellee's motion to
dismiss,
IT IS ORDERED by the court that the motion is denied.
Resnick and O'Donnell, JJ., dissent.
IT IS FURTHER ORDERED, sua sponte, that this cause be
consolidated with 2005-1621, Ohio Consumers' Counsel v.
Pub. Util. Comm., Public Utilities Commission, No. 04-1931-EL-AAM.

2006-0521. Norfolk S. Ry. Co. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-297-RR-FED. This cause is
pending before the court as an appeal from the Public Utilities
Commission of Ohio. Upon consideration of appellant's emergency
motion for stay of the order issued by the Public Utilities
Commission of Ohio,
IT IS ORDERED by the court that the motion is denied.
O'Donnell, J., dissents.

MISCELLANEOUS DISMISSALS

2006-0364. State v. Smith.
Washington App. No. 05CA46, 2006-Ohio-705. This cause
is pending before the court as a discretionary appeal and claimed
appeal of right. 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.

MISCELLANEOUS ORDERS

2004-0817. Cleveland Bar Assn. v. CompManagement, Inc.
Board on the Unauthorized Practice of Law, No. UPL 02-04.
This cause is pending before the court as an unauthorized practice
of law case. Upon consideration of relator's motion for continuance of
oral argument, IT IS ORDERED by the court that the motion for
continuance is denied.

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