Ohio Law

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

Friday, January 06, 2006

1/6/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-0400. State v. Lather.
Sandusky App. No. S-03-008, 2005-Ohio-668. This cause is pending before the
court as an appeal from the Court of Appeals of Sandusky County. Upon
consideration of the motion of amicus curiae Ohio Attorney General Jim Petro to
participate in oral argument in support of appellant,
IT IS ORDERED by the court that the motion is granted, and amicus curiae
shall share the time allotted to appellant.
DISCIPLINARY CASES

2005-1949. In re Rucker.
On November 28, 2005, this court suspended respondent, Retanio A. Rucker, for
an interim period pursuant to Gov.Bar R. V(5)(A)(4). On December 30, 2005, the
Board of Commissioners on Grievances and Discipline submitted a notice pursuant
to Gov.Bar R. V(5)(D)(1)(c) notifying this court that respondent no longer was in
default of the child support order previously submitted to the court. Upon
consideration thereof,
IT IS ORDERED by the court that pursuant to Gov.Bar R. V(5)(D)(1)
respondent, Retanio A. Rucker, Attorney Registration No. 0039744, last known
business address in Reynoldsburg, Ohio, be reinstated to the practice of law.
IT IS FURTHER ORDERED that pursuant to Gov.Bar R. V(5)(D)(2)
reinstatement of respondent shall not terminate any pending disciplinary
proceedings against respondent.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

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Latest Bill Introductions from the Ohio General Assembly

SB 247 STATE ENERGY POLICY (Schuring) To specify the state energy policy and make associated changes to the authority of various state agencies including the Department of Development, Air Quality Development Authority, Public Utilities Commission, and Power siting Board. Am. Secs. 122.04, 122.10, 3706.01, 4906.01, 4906.02, 4906.04, 4906.05, 4906.06, 4906.07, 4906.08, 4906.10, 4906.13, 4906.14, 4906.97, 4906.98 and 4906.99 and En. Secs. 156.15, 4905.76 and 4906.011

HB 465 NATIONAL GUARD MEDAL (Seitz) To create the Commemorative Ohio National Guard Service Medal to recognize service in the Ohio National Guard. En. 5919.19

HB 464 UNIVERSITY TRUSTEES (Redfern) To prohibit an individual from being appointed to any public college or university board of trustees if the individual has made an contribution to the holder of or to a candidate for a statewide office, to a member of or to a candidate for the office of member of the General Assembly, or to a state or county political party during the previous twelve months and to prohibit a member of a board of trustees of a public college or university from making contributions to those recipients while a member of that board and for twelve months thereafter. Am. 3335.02, 3337.01, 3339.01, 3341.02, 3343.02, 3344.01, 3352.01, 3354.05, 3355.04, 3356.01, 3357.05, 3358.03, 3359.01, 3360.01, 3361.01, 3362.01, 3517.13, 3517.151 & 3517.992

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1/5/2006 - Supreme Court of Ohio Case Announcements and Administratve Actions

MOTION AND PROCEDURAL RULINGS

2002-2032. State v. Brinkley.
Lucas C.P. No. CR00-2826. This cause came on for further consideration of
appellee's amended motion to set execution date. Upon consideration thereof,
IT IS ORDERED by the court that the motion is denied.

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. On October 7, 2005, appellees and
appellant Community Insurance Company filed a joint notice of proposed
settlement. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that the parties are to show cause,
within ten days of the date of this entry, why the appeal of Community Insurance
Company should not be dismissed.

2004-1974. In re Estate of Mason.
Hancock App. No. 5-04-01, 2004-Ohio-5644. This cause is pending before this
court as an appeal and cross-appeal from the Court of Appeals for Hancock
County. Upon consideration of the joint motion of appellee/cross-appellee and
appellee/cross-appellant for divided argument time,
IT IS ORDERED by the court that the motion is denied.
IT IS FURTHER ORDERED by the court, sua sponte, that oral argument
scheduled for January 10, 2006, shall proceed as follows: Appellant/crossappellee's
case-in-chief; appellee/cross-appellant's case-in-chief; appellee/crossappellee's
argument in response to the appeal and cross-appeal; appellant/crossappellee's
rebuttal, if any; appellee/cross-appellant's rebuttal, if any.
IT IS FURTHER ORDERED that each party shall be allotted fifteen minutes
of argument time.

2005-0331. Whitaker v. M.T. Automotive, Inc.
Summit App. No. 21836, 2004-Ohio-7166. This cause is pending before the court
as an appeal from the Court of Appeals of Summit County. Upon consideration of
the motion of amicus curiae National Association of Consumer Advocates to
participate in oral argument in support of appellant,
IT IS ORDERED by the court that the motion is granted, and amicus curiae
shall share the time allotted to appellant.

MISCELLANEOUS DISMISSALS

2005-0392. Monongahela Power Co. v. Public Util. Comm.
Public Utilities Commission, No. 04-880-EL-UNC. This cause is pending before
the court as an appeal from the Public Utilities Commission of Ohio. 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.

2005-0832. Raub v. Garwood.
Summit App. No. 22210, 2005-Ohio-1279. This cause is pending before the court
as an appeal from the Court of Appeals for Summit County. Upon consideration of
the joint application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1925. Nationwide Safe T Propane, Inc. v. Pub. Util. Comm.
Public Utilities Commission, No. 03-1412-TR-CVF. This cause is pending before
the court as an appeal from the Public Utilities Commission. Upon consideration
of appellee's motion to dismiss,
IT IS ORDERED by the court that the motion is granted. Accordingly, this
cause is dismissed.

MISCELLANEOUS ORDERS

On December 2, 2005, the following attorneys were suspended from the
practice of law pursuant to Gov.Bar R. VI(6)(B) for failing to file their 2005/2007
Certificate of Registration and paying the applicable fees on or before December 1,
2005. These attorneys have applied for reinstatement, complied with the
requirements of Gov.Bar. R. VI(1), paid all applicable registration and reinstatement
fees, and have been reinstated to the practice of law pursuant to Gov.Bar R.
VI(6)(D):

NOTE: to see the complete list of reinstated attorneys, click here and scroll down.

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Wednesday, January 04, 2006

1/4/2006 - Supreme Court of Ohio Decisions

Wednesday, Jan. 4, 2006

2003-0137. State v. Jackson , 2006-Ohio-1. Trumbull C.P. No. 01-CR-794. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-1.pdf
Summary: Court Affirms Jackson Murder Conviction, Death Penalty

2004-0052. Higbee Co. v. Cuyahoga Cty. Bd. of Revision, 2006-Ohio-2. Board of Tax Appeals, Nos. 2002-T-2552, 2002-T-2569, and 2002-T-2571. Decision affirmed in part and reversed in part, and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-2.pdf

2004-1548. Badger v. McGregor, 2006-Ohio-3. Franklin App. No. 03AP-167, 2004-Ohio-4036. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur. Resnick and Pfeifer, JJ., dissent. Lanzinger, J., dissents and would affirm the judgment of the court of appeals.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-3.pdf

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Tuesday, January 03, 2006

Supreme Court of Ohio Opinions from 12/28/2005

Wednesday, Dec. 28, 2005

2004-1063 and 2004-1065. McCrone v. Bank One Corp., 2005-Ohio-6505. Stark App. No. 2003CA00092, 2004-Ohio-2538. Judgment reversed and cause remanded. Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6505.pdf
Summary: Court Upholds Workers’ Comp Law Exclusion of Benefits for Purely Psychological Injuries

2004-1678. State v. Cummings, 2005-Ohio-6506. Cuyahoga App. No. 83759, 2004-Ohio-4470. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, Pfeifer, O'Donnell and Lanzinger, JJ., concur. Lundberg Stratton and O'Connor, JJ., dissent. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6506.pdf
2005-0230. State ex rel. Pence v. Indus. Comm., 2005-Ohio-6507. Franklin App. No. 04AP-124, 2004-Ohio-7052. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6507.pdf

2005-0290. Hixson v. Callentine, 2005-Ohio-6508. Athens App. No. 04CA4, 159 Ohio App.3d 146, 2004-Ohio-5943. Sua sponte, the certification of conflict is dismissed as having been improvidently certified. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6508.pdf

2005-0397. Crane v. Perry Cty. Bd. of Elections, 2005-Ohio-6509. Perry C.P. No. 04-CV-00403. Judgment affirmed. Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only. Moyer, C.J., and Resnick, J., not participating.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6509.pdf
Summary: Perry County Auditor Election Results Affirmed

2005-0459. State v. Rosenberg , 2005-Ohio-6510. Cuyahoga App. No. 84457, 2005-Ohio-101. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, Pfeifer, O'Donnell and Lanzinger, JJ., concur. Lundberg Stratton and O'Connor, JJ., dissent. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6510.pdf

2005-0503. State ex rel. Dreyer v. Anderson Twp., 2005-Ohio-6511. Franklin App. No. 04AP-461, 2005-Ohio-366. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6511.pdf

2005-0562. State ex rel. Brown v. Duramed Pharmaceuticals, Inc., 2005-Ohio-6512. Franklin App. No. 04AP-81, 2005-Ohio-750. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6512.pdf

2005-1167. Toledo Bar Assn. v. Hickman, 2005-Ohio-6513. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-061. Gregg D. Hickman, Attorney Registration No. 0020032, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur. Lanzinger, J., not participating.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6513.pdf
Summary: Court Suspends Toledo Attorney

2005-2396. In re Complaint Against Resnick, 2005-Ohio-6800. Adjudication by the Supreme Court of Ohio pursuant to Rule II of the Rules for the Government of the Judiciary. Alice Robie Resnick, Attorney Registration No. 0016845, is publicly reprimanded. Doan, Shaw, Abele, Boggins, Singer, Donofrio, Blackmon, Brown and Ford, JJ., concur. Fain, C.J., Brogan and Young, JJ., concur separately. Slaby, J., concurs in judgment. Mike Fain, C.J. of the Ohio Courts of Appeals Judges Association, and of the Second Appellate District. Rupert A.Doan, J., of the First Appellate District. James A. Brogan, J., of the Second Appellate District. Stephen R. Shaw, J., of the Third Appellate District. Peter B. Abele, J., of the Fourth Appellate District. John F. Boggins, J., of the Fifth Appellate District. Arlene Singer, J., of the Sixth Appellate District. Gene Donofrio, J., of the Seventh Appellate District. Patricia Blackmon, J., of the Eighth Appellate District. Lynn C. Slaby, J., of the Ninth Appellate District. Susan Brown, J., of the Tenth Appellate District. Donald R. Ford, J., of the Eleventh Appellate District. William W. Young, J., of the Twelfth Appellate District.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6800.pdf
Summary: Disciplinary Panel Publicly Reprimands Justice Resnick for Misconduct in DUI Incident

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Ohio Tax Commissioner Opinions Now Available

The Ohio Department of Taxation has made its Tax Commissioner opinions available at its web site. All opinions are posted, from the first issuance of an opinion in 1990, through 2004. Public opinions for 2005 are scheduled to be made available within 30 days.

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