Ohio Law

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

Wednesday, March 22, 2006

3/22/2006 - Supreme Court of Ohio Case Announcements

Wednesday, March 22, 2006

2005-0019. State ex rel. Sellards v. Indus. Comm., 2006-Ohio-1058. Franklin App. No. 03AP-987, 2004-Ohio-6604. Judgment reversed, Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur. Moyer, C.J., and O'Donnell, J., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1058.pdf

2005-0090. Lakota Local School Dist. Bd. of Edn. v. Butler Cty. Bd. of Revision, 2006-Ohio-1059. Board of Tax Appeals, No. 2003-A-1840. Decision reversed. Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only. Moyer, C.J., and Resnick, J., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1059.pdf

2005-0450. State ex rel. Danstar Builders, Inc. v. Indus. Comm., 2006-Ohio-1060. Franklin App. No. 04AP-309, 2005-Ohio-365. 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-1060.pdf

2005-0806. Simon v. Commonwealth Land Title Ins. Co., 2006-Ohio-1061. Cuyahoga App. No. 84553, 2005-Ohio-1007. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer and O'Connor, JJ., concur. Lundberg Stratton and Lanzinger, JJ., dissent. O'Donnell, J., not participating.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1061.pdf

2005-1156. Disciplinary Counsel v. Krieger, 2006-Ohio-1062. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-069. Jennifer Krieger, Attorney Registration No. 0063961, is suspended from the practice of law in Ohio for two years, with one year stayed on conditions. Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, J., would suspend respondent for two years, with 18 months stayed on conditions.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1062.pdf
Summary: Supreme Court Disbars Former Prosecutor, Suspends Three for Professional Misconduct

2005-1159. Dayton Bar Assn. v. Stephan, 2006-Ohio-1063. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-087. Wayne Stephan, Attorney Registration No. 0023577, is suspended from the practice of law in Ohio for two years, stayed on conditions. Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur. Moyer, C.J., O'Connor and O'Donnell, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1063.pdf

2005-1213. Disciplinary Counsel v. Phillips, 2006-Ohio-1064. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-004. Aaron LaBracc Phillips, Attorney Registration No. 0062879, 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-1064.pdf
Summary: Supreme Court Disbars Former Prosecutor, Suspends Three for Professional Misconduct

2005-1401. State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 2006-Ohio-1065. Montgomery App. No. 20456. Judgment reversed and writ granted. 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-1065.pdf

2005-1542. Erie-Huron Counties Joint Certified Grievance Commt. v. Huber, 2006-Ohio-1066. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-003. Richard Roman Huber, Attorney Registration No. 0000087, is suspended from the practice of law in Ohio for one year. Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur. Moyer, C.J., and O'Connor, J., dissent. Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1066.pdf
Summary: Supreme Court Disbars Former Prosecutor, Suspends Three for Professional Misconduct

2005-1549. Akron Bar Assn. v. Dietz, 2006-Ohio-1067. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-039. David Robert Dietz, Attorney Registration No. 0020558, 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.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1067.pdf
Summary: Supreme Court Disbars Former Prosecutor, Suspends Three for Professional Misconduct

2006-0418. State ex rel. Brown v. Butler Cty. Bd. of Elections, 2006-Ohio-1292. In Prohibition. Writ denied. Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only.
Opinion:
http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1292.pdf

Later

Tuesday, March 21, 2006

Latest Bill Introductions from the Ohio General Assembly

SB 297 CONSUMER TRANSACTIONS (Fingerhut) To require a supplier in certain consumer transactions to obtain specified confirmation and authorization from a consumer before charging the consumer's account for goods, services or membership. En. 1345.022 Full Text

SB 298 ENERGY POLICY (Schuler) To provide for a state energy policy. En. 156.10 Full Text

SB 299 SEXUAL BATTERY (Stivers) To require a court to impose a prison term prescribed for a felony of the third degree on a person who is convicted of or pleads guity to sexual battery if the victim is less than 13 years of age. Am. 2907.03 Full Text

Later

3/21/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0813. State ex rel. Repository v. Nova Behavioral Health, Inc.
In Mandamus. This cause originated in this court on the filing of a
complaint for a writ of mandamus. Upon consideration of the motion
for leave of the amicus curiae Ohio Council of Behavioral Healthcare
Providers to participate in oral argument,
IT IS ORDERED by the court that the motion is granted, and the
amicus curiae shall share the time allotted to respondent.

2006-0449. Roberts v. Frazier.
Montgomery App. No. 20989, 2006-Ohio-312. This cause is pending
before the court as a discretionary appeal. Upon consideration of
appellant's motion for stay of the court of appeals judgment,
IT IS ORDERED by the court that the motion for stay is denied.
O'Connor, J., dissents.

2006-0477. Taft v. Cuyahoga Cty. Bd. of Elections.
Cuyahoga C.P. No. CV05580154. This cause is pending before the
court as an appeal from the Cuyahoga County Court of Common
Pleas involving a contest of election. Upon consideration of
appellant's emergency motion for immediate stay,
IT IS ORDERED by the court that the motion for stay is denied.
O'Donnell, J., dissents.

ADMINISTRATIVE ACTIONS

1. Proposed amendments to Standard Probate Forms 17.1 and 17.1(A) have
been published for public comment.

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.