Ohio Law

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

Friday, February 17, 2006

2/17/2006 - Supreme Court of Ohio Case Announcements

MISCELLANEOUS DISMISSALS

2005-1795. State ex rel. Blair v. Indus. Comm.
Franklin App. No. 04AP-1134, 2005-Ohio-4351. This cause is
pending before the court as an appeal from the Court of Appeals
for Franklin 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.

2005-2153. State ex rel. Monroe v. Indus. Comm.
Franklin App. No. 04AP-1198, 2005-Ohio-5157. This cause is
pending before the court as an appeal from the Court of Appeals
for Franklin 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.

MISCELLANEOUS ORDERS

2005-1930. Cincinnati Bar Assn. v. Bailey.
Board on the Unauthorized Practice of Law; No. UPL 0313. This
cause is pending before the court as an unauthorized practice of law
case. Upon consideration of respondent’s emergency motion for a
ninety day continuance of oral argument scheduled for Tuesday,
February 21, 2006, and respondent’s motion to strike relator’s
memorandum in opposition to the emergency motion for a ninety day
continuance of oral argument,
IT IS ORDERED by the court that the motions are denied.

MEDIATION REFERRALS

The following cases have been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):

2006-0003. State ex rel. Grimes Aerospace Co., Inc. v.
Indus. Comm. Franklin App. No. 04AP-1197, 2005-Ohio-6205.

2006-0035. Polaris Commerce Center, LLC v. Delaware Cty. Bd.
of Revision. Board of Tax Appeals, No. 2004-B-1100.

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Thursday, February 16, 2006

2/16/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS
2005-1752. State v. Deters.
Hamilton App. No. C-010645, 163 Ohio App.3d 157, 2005-Ohio-4049.
This cause is pending before the court as an appeal from the Court of
Appeals for Hamilton County. Upon consideration of appellee's motion
for stay of the briefing schedule,
IT IS ORDERED by the court that the motion for stay is granted.
IT IS FURTHER ORDERED by the court that this case be held for the
decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720,
2004-Ohio- 4485, and 2004-1568, State v. Foster, Licking App.
No. 03CA95, 2004-Ohio-4209.

MISCELLANEOUS ORDERS

In re Report of the
Commission
On Continuing Legal
Education.
Robert Owen Frye
(#0062991),
Respondent.
CLE-2000-62991
CLE-2002-62991
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 1998-1999
and 2000-2001 reporting periods. On February 13, 2001, this court
entered an order against respondent adopting the recommendation
of the commission that respondent be ordered to pay a sanction in the
amount of $150.00 for failure to comply with Gov.Bar R. X during the
1998-1999 reporting period. On April 10, 2003, this court entered an
order against respondent adopting the recommendation of the commission
that respondent be suspended from the practice of law and pay a sanction
in the amount of $250.00 for failure to comply with Gov.Bar R. X during
the 2000-2001 reporting period. On February 13, 2006, the commission
filed a motion to vacate, requesting that the orders of February 13, 2001
and April 10, 2003, pertaining to the abovenamed respondent, be vacated.
Upon consideration thereof,
IT IS ORDERED by the court that the motion to vacate is granted.
IT IS FURTHER ORDERED by the court that the orders of February 13,
2001, and April 10, 2003, pertaining to respondent are vacated and these
causes are dismissed.

ADMINISTRATIVE ACTIONS

1. Shirley J. Christian and Judge John B. Street have been appointed to
the Board of Commissioners on Grievances and Discipline.
2. Judge Janet R. Burnside has been appointed to the Commission on the
Rules of Superintendence for Ohio Courts.
3. Andrew J. Lukcso has been appointed to the Commission on
Certification of Attorneys as Specialists.

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Wednesday, February 15, 2006

O'Brien Improperly Fired By Ohio State University

The Ohio Court of Claims ruled today that former Ohio State University basketball coach Jim O'Brien was improperly fired for loaning some money to a recruit. The court stated that O'Brien had breached his contract by giving the loan, but the offense was not serious enough to warrant being fired by the school. Here is a link to the docket sheet (in case the link above doesn't work) that has additional links to PDF documents. Scroll down to the entries for February 15th for access to the decision.

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2/15/2006 - Supreme Court of Ohio Decisions

Wednesday, Feb. 15, 2006

2003-2171. Northwestern Ohio Bar Assn. v. Lauber, 2006-Ohio-419.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-077. Robert Charles Lauber, Attorney Registration No. 0025035, is indefinitely suspended 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.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-419.pdf
Summary: Attorneys—Misconduct—Neglect of entrusted legal matters—Failure to cooperate in disciplinary proceedings—Indefinite suspension.

2005-1529. Columbus Bar Assn. v. Smith, 2006-Ohio-413.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-011. Daniel Scott Smith, Attorney Registration No. 0008972, 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.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-413.pdf
Summary:Attorneys – Misconduct – Engaging in conduct prejudicial to administration of justice – Engaging in conduct adversely reflecting on fitness to practice law – Engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation – Failing to cooperate in disciplinary proceeding – Failure to promptly deliver client funds – Failure to maintain complete records of accounts – Engaging in conduct that damages a client – Permanent disbarment.

2005-1543. Disciplinary Counsel v. Millonig, 2006-Ohio-420.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-043. Arthur Frederick Millonig Jr., Attorney Registration No. 0006552, 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.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-420.pdf
Summary: Attorneys – Misconduct – Engaging in conduct involving moral turpitude – Engaging in conduct adversely reflecting on fitness to practice law – Failure to register – Failure to maintain separate client trust account – Failure to cooperate in disciplinary investigation – Permanent disbarment.

2005-1545. Disciplinary Counsel v. Croushore, 2006-Ohio-412.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-016. Paul Gregory Croushore, Attorney Registration No. 0055524, is suspended from the practice of law in Ohio for 12 months, all stayed on condition.
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-412.pdf

Summary: Attorneys – Misconduct – Failure to maintain separate trust account for client funds – Failure to keep complete records and render accounts for client funds – 12-month suspension, stayed on condition.

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Tuesday, February 14, 2006

2006 Ohio Attorney General Opinions

The following have been released from Ohio AG Jim Petro's office in 2006:

2006-001
A board of county commissioners has no authority to transfer title to county
property to its office of economic development or to a nonprofit corporation
operating that office for the purpose of the transferee’s selling the property,
without competitive bidding or public auction, to a buyer previously
selected by the county commissioners at a price agreed upon by the buyer
and the county commissioners, even if the transferee remits to the county
commissioners the purchase price paid by the buyer.

2006-002
Pursuant to R.C. 3111.80-.81, an administrative child support order issued
by an administrative officer of a child support enforcement agency may,
regardless of the marital status and living arrangements of a child’s parents,
establish the amount of child support an emancipated woman who is the
biological mother of a child is required to pay when the child resides with
a third party who is the legal custodian of the child.

2006-003
1. A person may serve simultaneously as a trustee of a township that has not
adopted a limited home rule government pursuant to R.C. Chapter 504 and
member of the board of directors of a port authority created pursuant to
R.C. 4582.22 when the township has not participated in the creation of, or
joined in, the port authority.
2. As a township trustee, the person may not participate in any deliberations,
discussions, negotiations, or votes concerning (1) contracts or property
transactions with the port authority; (2) township tax levies or bond issues
for additional funding when the port authority has placed such a levy or
bond issue on the ballot; (3) development or use of the port authority’s
property, facilities, or services; (4) appropriation of the port authority’s
land or lesser interests therein; (5) joining the port authority; (6) relocation
of a road, railroad, or public facility under R.C. 4582.57; or (7) legal
matters involving the township and port authority.
3. As a member of the board of directors of the port authority, the person
may not participate in any deliberations, discussions, negotiations, or votes
concerning (1) contracts or property transactions with the township; (2)
port authority tax levies or bond issues for additional funding when the
township has placed such a levy or bond issue on the ballot; (3)
appropriation of the township’s land or lesser interests therein; (4)
participation by the township in the port authority; (5) development or use
of port authority property, facilities, or services by the township; or (6)
legal matters involving the township and port authority.

2006-004
For some reason, I can't use the "select text" tool on this PDF document, and so I can't show you the syllabus. The opinion deals with paid campaign staff of a candidate for statewide office and is in response to a request from Ohio Secretary of State Ken Blackwell.

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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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Monday, February 13, 2006

Supreme Court Stays Ruling That Found Ohio's Child Pornography Law Unconstitutional

In a 4-3 ruling, the Supreme Court of Ohio put on hold a state appeals court decision that declared two child pornography laws unconstitutional and overturned the conviction of a Portage County man. The controversy dates back to a 2002 United States Supreme Court decision that found distinctions between "virtual" child pornography and "actual" child pornography.

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2/13/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS
2001-0835. State v. Hoffner.
Lucas App. No. L-95-181. This cause came on for further
consideration of appellant's motion for appointment of counsel
for purposes of filing an application for reopening pursuant to
S.Ct.Prac.R. XI(6). Upon consideration thereof,
IT IS ORDERED by the court that the motion is granted in part,
and attorney David Doughten is appointed to represent appellant
for the purposes of filing an application for reopening.

2005-1432. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant’s motions to remove Judge Kenneth
Bailey and for recusal of Chief Justice Moyer. Upon consideration
thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1652. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant’s motions to remove Judge Kenneth Bailey
and for recusal of Chief Justice Moyer. Upon consideration thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1678. State v. Hale.
Cuyahoga C.P. No. CR-04-54857. This cause is pending as a death
penalty appeal from the Court of Common Pleas for Cuyahoga County.
Upon consideration of appellant's motion for an extension of time to
transmit the record,
IT IS ORDERED that the motion is granted, and the time for
transmitting the record is extended to March 8, 2006.

2005-1926. LeRoy v. Allen Yurasek & Merklin.
Union App. No. 14-04-49, 162 Ohio App3d. 155, 2005-Ohio-4452.
This cause is pending before the court as an appeal from the Court of
Appeals for Union County. On February 8, 2006, this court granted
appellants' motion to consolidate this case with 2005-1593, LeRoy v.
Allen Yurasek & Merklin, Union App. No. 14-04-49, 162 Ohio App3d.
155, 2005-Ohio-4452, and ordered the parties to combine the briefing
of the two cases. Whereas, the party alignment is different in each case,
IT IS ORDERED by the court, sua sponte, that the parties shall file briefs
according to the alignment of the parties in case No. 2005-1593 and in
accordance with S.Ct.Prac.R. VI(5).

2005-2208. 12610 Kirby Ave. LLC v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-257. This cause is pending before the
court as an appeal from the Board of Tax Appeals. Upon consideration
of the parties' joint motion to remand this cause to the Board of Tax
Appeals,
IT IS ORDERED by the court that the motion is granted and this cause
is remanded to the Board of Tax Appeals to implement the settlement
agreement of the parties.

2005-2264. State v. Diar.
Lorain C.P. No. 04CR065248. This cause is pending before the court
as a death penalty appeal from the Court of Common Pleas for Lorain
County. Upon consideration of appellant's motion for an extension of time
to transmit the record,
IT IS ORDERED that the motion is granted, and the time for transmitting
the record is extended to March 17, 2006.

2006-0046. Satullo v. Wilkins.
Board of Tax Appeals, No. 2003-M-2115. This cause is pending before
the court as an appeal from the Board of Tax Appeals. It appears to the
court that the notice of appeal filed in this case does not contain a proof
of filing with the Board of Tax Appeals as required by R.C. 5717.04.
Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that appellants are to show
cause, within twenty days of the date of this entry, why this appeal
should not be dismissed for failure to comply with R.C. 5717.04. Appellee
may file a reply to appellants' response within ten days after the filing
of appellants' response.

MISCELLANEOUS DISMISSALS

2006-0032. State ex rel. DeJacimo v. Griffing.
In Mandamus. This cause originated in this court on the filing of a
complaint for a writ of mandamus. Upon consideration of relator's
application for dismissal,
IT IS ORDERED by the court that the application for dismissal is
granted. Accordingly, this cause is dismissed.

MEDIATION REFERRALS

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):
2005-1808. State ex rel. Smith v. Veach Trucking, Inc.
Franklin App. No. 04AP-1229, 2005-Ohio-4923.

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