Ohio Law

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

Wednesday, May 31, 2006

5/31/2006 - Supreme Court of Ohio Case Announcements

MERIT DECISIONS WITH OPINIONS

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2626.
Dispositions of currently pending appeals based on the decision in State v. Mathis,
109 Ohio St.3d 54, 2006-Ohio-855, 846 N.E.2d 1. See entry.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Criminal law — Felonies — Sentencing — Cases accepted and disposed of on
the authority of State v. Mathis.


2003-1429. State v. Tenace, 2006-Ohio-2417.
Lucas App. No. L-00-1002, 2003-Ohio-3458. Judgment affirmed in part and
reversed in part, and cause remanded.
Moyer, C.J., Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur.
Resnick, O'Connor and O'Donnell, JJ., concur in part and dissent in part.

Criminal law — Aggravated murder — R.C. 2929.04(B)(7) “other factors” —
Death penalty reversed.


2004-1101. Estate of Cowling v. Estate of Cowling, 2006-Ohio-2418.
Lorain App. Nos. 01CA007944 and 03CA008226, 2004-Ohio-2665. Judgment
reversed and trial court's order modified.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., concurs in judgment only.

Joint and survivorship accounts — Presumption of equal ownership
rebuttable by evidence of individual net contributions — Constructive
trusts — Tracing of property over which constructive trust is
imposed — Burdens of proof.


2004-1293. Smith v. Smith, 2006-Ohio-2419.
Hancock App. No. 5-03-12, 157 Ohio App. 778, 2004-Ohio-3553. Judgment
affirmed.
Moyer, C.J., Resnick, Pfeifer and O'Connor, JJ., concur.
Lundberg Stratton, O'Donnell and Lanzinger, JJ., dissent.

Domestic relations — Child-support arrearages — R.C. 3111.13(F)(3)(a)
violates Section 28, Article II of Ohio Constitution when applied to
judgment ordering payment of child-support arrearage that existed prior
to the statute’s amendment.


2005-0304. Castle Aviation, Inc. v. Wilkins, 2006-Ohio-2420.
Board of Tax Appeals, No. 2003-M-146. Decision affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.

Sales and use tax — Exception for purchases by public utility —
Air carrier’s claim to be public utility rejected.


2005-0702 and 2005-0734. Doe v. Archdiocese of Cincinnati, 2006-Ohio-2625.
Shelby App. No. 17-04-10, 2005-Ohio-960. Judgment reversed and cause
dismissed.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
French, J., concurs in part and dissents in part.
Whitmore and Pfeifer, JJ., dissent.
Beth Whitmore, J., of the Ninth Appellate District, sitting for Resnick, J.
Judith L. French, J., of the Tenth Appellate District, sitting for Lanzinger, J.

Statute of limitations — Sexual abuse of minors — A minor who is the
victim of sexual abuse has two years from the date he or she reaches the
age of majority to assert any claims against the employer of the perpetrator
arising from the sexual abuse when at the time of the abuse, the victim
knows the identity of the perpetrator, the employer of the perpetrator,
and that a battery has occurred. (Doe v. First United Methodist Church (1994),
68 Ohio St.3d 531, 629 N.E.2d 402, followed.)


2005-0851. State ex rel. Coffman v. Indus. Comm., 2006-Ohio-2421.
Franklin App. No. 04AP-303, 2005-Ohio-1519. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Workers’ compensation — Violation of specific safety requirement —
Ohio Adm.Code 4121:1-5-23(A) — Isolation from voltage source —
Unilateral-negligence doctrine inapplicable.


2005-2053. Lake Cty. Bar Assn. v. Ryan, 2006-Ohio-2422.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-019. Patrick T. Ryan, Attorney Registration No. 0022478, is suspended
from the practice of law in Ohio for two years, with one year stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys at law — Misconduct — Conduct involving fraud, deceit,
dishonesty, or misrepresentation — Neglect of an entrusted legal matter —
Failure to carry out contract of employment — Failure to cooperate in
disciplinary investigation — Failure to maintain records of and account
for client funds — Failure to promptly return client funds — Failure to
preserve client funds in a separate, identifiable account — Two-year
suspension partially stayed on conditions.


2005-2356. Cincinnati Bar Assn. v. Washington, 2006-Ohio-2423.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-025. David Samuel Washington Jr., Attorney Registration No. 0055406, is
suspended from the practice of law in Ohio for two years, with 18 months stayed
on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys — Misconduct — Engaging in conduct involving fraud,
deceit, dishonesty, or misrepresentation — Charging excessive fees —
Failing to maintain separate account — Two-year suspension, with
18 months stayed on conditions.


2005-2393. Cleveland Bar Assn. v. James, 2006-Ohio-2424.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-007. Ronald Dennis James, Attorney Registration No. 0041120, is
suspended from the practice of law in Ohio for one year.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys — Misconduct — Failure to cooperate in a disciplinary
investigation — One-year suspension.


MISCELLANEOUS ORDERS

2006-0357. Cleveland Bar Assn. v. Woods.
On Objections to Order of the Board on the Unauthorized Practice of Law. Sua
sponte, cause dismissed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Later


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