Ohio Law

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

Thursday, May 04, 2006

5/3/2006 - Supreme Court of Ohio Decisions

Wednesday, May 3, 2006

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2109.
Dispositions of currently pending appeals and certified conflicts entered, based on the decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. See entry.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2109.pdf

Criminal law — Felonies — Sentencing — Disposition of cases accepted and held for the decision in State v. Foster.

2004-1993, 2005-0118, and 2005-0766. Ohio Consumers' Counsel v. Pub. Util. Comm., 2006-Ohio-2110.
Public Utilities Commission, No. 03-2144-EL-ATA. Decision affirmed in part and reversed in part, and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
O'Connor and Lanzinger, JJ., concur in part and dissent in part.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2110.pdf
Summary: FirstEnergy Electric Rate 'Stabilization Plan' Remanded to PUCO

Public utilities — Electric company — Competitive electric service — R.C. Chapter 4928 — Decision of Public Utilities Commission reversed — Public Utilities Commission acted without authority when it approved a rate-stabilization plan that did not require that the electric company also offer customers electric service a rate determined by competitive bid.

2005-0193 and 2005-0415. Hedges v. Nationwide Mut. Ins. Co., 2006-Ohio-1926.
Franklin App. No. 04AP-423, 2004-Ohio-6723. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1926.pdf
Summary: Former Insurance Statute Allowed Auto Policies to Limit UM/UIM Coverage to Injured Insureds

The interpretation of R.C. 3937.18(A) in Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 723 N.E.2d 97, applies only to the 1994 S.B. 20 version of the statute. Thus, Moore does not apply to the version of R.C. 3937.18(A) as amended by 1997 H.B. 261.

2005-0546. State ex rel. Cincinnati, Inc. v. Lowe, 2006-Ohio-1927.
Franklin App. No. 04AP-241, 2005-Ohio-516. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1927.pdf

2005-1322. State ex rel. DaimlerChrysler Corp. v. Bilbao, 2006-Ohio-1928.
Franklin App. No. 04AP-861, 2005-Ohio-2802. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1928.pdf

2005-1615. Cleveland Bar Assn. v. Dadisman, 2006-Ohio-1929.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-52. Michael F. Dadisman, Attorney Registration No. 0040997, is permanently disbarred from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1929.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

2005-1938. Columbus Bar Assn. v. Thomas, 2006-Ohio-1930.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 05-01. William Thomas 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.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1930.pdf

2005-1939. Trumbull Cty. Bar Assn. v. Legal Aid State Servs., Inc., 2006-Ohio-1931.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-06. Legal Aid State Services, Inc. is enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs separately.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1931.pdf

2005-1947. Cuyahoga Cty. Bar Assn. v. King, 2006-Ohio-1932.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-041. Michael Leonard King, Attorney Registration No. 0031364, is indefinitely suspended from the practice of law in Ohio, and the suspension will run consecutively to the indefinite suspension imposed on August 17, 2005.
Moyer, C.J., Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer and Lundberg Stratton, JJ., would impose an indefinite suspension to run concurrently with the indefinite suspension imposed on August 17, 2005.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1932.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

2005-2021. Cuyahoga Cty. Bar Assn. v. Britt, 2006-Ohio-1933.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-001. Stephen Britt, Attorney Registration No. 0042076, is suspended from the practice of law in Ohio for six months, stayed on condition.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., would publicly reprimand respondent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1933.pdf

2005-2182. Harris v. Anderson , 2006-Ohio-1934.
Lorain App. No. 04CA008587. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1934.pdf

2005-2333. Cuyahoga Cty. Bar Assn. v. Garfield , 2006-Ohio-1935.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-046. Robert Earl Garfield, Attorney Registration No. 0001873, is suspended from the practice of law in Ohio for 18 months, beginning March 28, 2005.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1935.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

Later

1 Comments:

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