Ohio Law

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

Thursday, April 06, 2006

4/6/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2003-1325. State v. Hand.
Delaware C.P. No. 02CRI-08-366. This cause came on for further
consideration upon the filing of appellant's motion for stay of
execution scheduled for April 25, 2006. Upon consideration thereof,
IT IS ORDERED by the court that the motion for stay of execution is
granted.
IT IS FURTHER ORDERED that this stay shall remain in effect until
exhaustion of all state postconviction proceedings, including any
appeals.
IT IS FURTHER ORDERED that counsel for appellant and for
the appellee shall notify this court when all proceedings for
postconviction relief before the courts of this state have been exhausted.

2005-1754. Hoffman v. State Med. Bd. of Ohio
Franklin App. No. 04AP-839, 2005-Ohio-3682. This cause is
pending before the court as an appeal from the Court of Appeals for
Franklin County. On March 27, 2006, amicus curiae The Academy
of Medicine of Cleveland/Northern Ohio Medical Association joined
in the filing of a brief in support of the appellant. The brief was signed
on behalf of that amicus by Elayne R. Biddlestone. Whereas she is not
licensed to practice law in this state,
IT IS ORDERED by the court that the name of Elayne R. Biddlestone
be stricken from the amici curiae brief.
IT IS FURTHER ORDERED that amicus curiae The Academy of
Medicine of Cleveland/Northern Ohio Medical Association may
still participate in this matter provided it retains licensed counsel.

2005-1967. State v. Oliver.
Cuyahoga App. No. 85606, 2005-Ohio-4411. This cause is pending
before the court as an appeal from the Court of Appeals for Cuyahoga
County. Upon consideration of Edward S. Wade Jr.'s motion to withdraw
as counsel for appellee,
IT IS ORDERED by the court that the motion to withdraw is granted.
IT IS FURTHER ORDERED, sua sponte, that attorney Christopher J.
Pagan of Middletown, Ohio, is appointed to represent appellee on a pro
bono basis. Appellee shall file his merit brief within 30 days of the date
of this entry, and the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. VI.

2006-0348. State ex rel. Poissant v. Sheets.
Ross App. No. 05CA2882. It is ordered that appellant's written
request for extension of time for filing his merit brief is hereby
granted, in part, and the time for filing the brief is extended to
April 20, 2006.

MEDIATION REFERRALS
The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2005-1593. LeRoy v. Allen Yurasek & Merklin.
Union App. No. 14-04-49, 162 Ohio App3d. 155, 2005-Ohio-4452.

2005-1926. LeRoy v. Allen Yurasek & Merklin.
Union App. No. 14-04-49, 162 Ohio App3d. 155, 2005-Ohio-4452.

MISCELLANEOUS ORDERS

In re Report of the Commission on
Continuing Legal Education.
Donald Ray Rooney
(#0032321)
Respondent.
Case No. CLE-99-32321
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 1997-1998 reporting period. On April 6, 2000, 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 March 22, 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
21, 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, Donald Ray Rooney, Jr., is hereby reinstated to the
practice of law.

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Wednesday, April 05, 2006

4/5/2006 - Supreme Court of Ohio Decisions

Wednesday, April 5, 2006

2003-2036. State v. Barton, 2006-Ohio-1324.
Warren C.P. No. 03CR20526. Judgment affirmed.
Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, concurs in judgment only.
Moyer, C.J., concurs in part and dissents in part.
Pfeifer, J., dissents.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1324.pdf
Summary: Court Affirms Death Sentence in 2003 Warren County Killing

2004-1769. Oriana House, Inc. v. Montgomery , 2006-Ohio-1325.
Franklin App. No. 03AP-1178, 2004-Ohio-4788. Judgment affirmed in part and reversed in part.
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-1325.pdf
Summary: Auditor’s Subpoena Upheld for Records of Oriana Affiliate, Denied for CEO’s Papers

2004-1911. Clark v. Greene Cty. Combined Health Dist., 2006-Ohio-1326.
Greene App. No. 04CA0027, 158 Ohio App.3d 492, 2004-Ohio-5276. Judgment affirmed.
Moyer, C.J., Resnick, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., concurs in judgment only.
Pfeifer and Lundberg Stratton, JJ., concur in part and dissent in part.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1326.pdf
Summary: Health District May Require Sanitary Sewer Connection When Annexation Is Condition

2005-0526. State ex rel. United Auto., Aerospace & Agricultural Implement Workers of Am. v. Bur. of Workers' Comp., 2006-Ohio-1327.
Franklin App. No. 03AP-361, 2005-Ohio-355. Judgment affirmed.
Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Moyer, C.J., concurs in judgment only.
Pfeifer, J., dissents with opinion.
O'Donnell, J., dissents.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1327.pdf

2005-1524. Dayton Bar Assn. v. Fox, 2006-Ohio-1328.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-033. James Edwin Fox, Attorney Registration No. 0034331, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., dissents.
Pfeifer, O'Donnell and Lanzinger, JJ., dissent and would suspend respondent for 12 months, with six months stayed.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1328.pdf
Summary: Supreme Court Disbars Cleveland Attorney, Suspends Another

2005-1948. Disciplinary Counsel v. Henderson , 2006-Ohio-1336.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-042. Pippa Lynn Henderson, Attorney Registration No. 0041739, 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-1336.pdf
Summary: Supreme Court Disbars Cleveland Attorney, Suspends Another

2006-0497. State ex rel. Gemienhardt v. Delaware Cty. Bd. of Elections, 2006-Ohio-1666.
In Mandamus. Writ denied.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, J., not participating.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1666.pdf

Monday, April 03, 2006

4/3/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2003-0565. State v. Newton.
Richland C.P. No. 02-CR-48H. This cause came on for further
consideration upon the filing of a motion for stay of execution
pending the filing and disposition of a petition for a writ of
certiorari in the Supreme Court of the United States. Upon
consideration thereof,
IT IS ORDERED by the court that the motion for stay of execution
is granted.
IT IS FURTHER ORDERED that compliance with the mandate
and the execution of the sentence are stayed, pending the timely
filing of the petition in the Supreme Court of the United States.
IT IS FURTHER ORDERED that, if such petition is timely filed,
this stay shall continue for an indefinite period pending the final
disposition of this cause by the Supreme Court of the United States.

2003-0647. State v. Conway.
Franklin C.P. No. 02CR-1153. This cause came on for further
consideration upon the filing of a motion for stay of execution pending
the filing and disposition of a petition for a writ of certiorari in the
Supreme Court of the United States. Upon consideration thereof,
IT IS ORDERED by the court that the motion for stay of execution is
granted.
IT IS FURTHER ORDERED that compliance with the mandate and the
execution of the sentence are stayed, pending the timely filing of the
petition in the Supreme Court of the United States.
IT IS FURTHER ORDERED that, if such petition is timely filed, this stay
shall continue for an indefinite period pending the final disposition of this c
ause by the Supreme Court of the United States.

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further
consideration of appellant's motion for leave to file attached
motion to vacate instanter. Upon consideration thereof,
IT IS ORDERED by the court that the motion is denied.

ADMINISTRATIVE ACTIONS

1. J. Bernie Quilter was appointed to the Commission on the Rules of
Superintendence for Ohio Courts.

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