Ohio Law

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

Friday, April 28, 2006

4/28/2006 - Supreme Court of Ohio Case Announcements and Orders

DISCIPLINARY CASES

2005-0750. Columbus Bar Assn. v. Ross.
This matter came on for further consideration upon the filing
of a motion by respondent for extension of time to pay costs.
Upon consideration thereof,
IT IS ORDERED by this court that the motion is denied.

2006-0432. Disciplinary Counsel v. Wicks.
On Certified Order of the Supreme Court of Arizona,
No. SB-05-0140D. Michael J. Wicks, Attorney Registration
No. 0022489, is publicly reprimanded and placed on probation
for one year.

There are also about 13 pages of orders concerning suspensions from the practice of law due to failure to timely register for the current biennium.

U.S. 7th Circuit Affirms Release of Man Based on DNA Evidence

Here's the decision: Evans v. Katalinic, 06-1253 (7th Cir., Apr. 26, 2006)

It's not that the decision is that earth-shattering, but what the Judge's comments were concerning the defendant's arguments. This is from OrinKerr.com :

"Check out this decision from the Seventh Circuit today involving a lawsuit filed by a man who was wrongly convicted of raping and murdering a little girl, and who served 27 years in prison for it before being exonerated based on DNA evidence. The man sued the City of Chicago and the police for coercing false testimony and hiding that fact. In this appeal, the lawyers for the police tried to argue that the result of the trial 30 years ago was binding on the wrongfully convicted man under collateral estoppel principles, which Judge Evans rightly dismisses as “an absurd argument, for any number of reasons.” The lawyers then tried to argue that the wrongfully convicted man had waived his claim by not bringing it 30 years ago, a claim that Judge Evans describes as ”too ridiculous to merit comment.” Indeed."

Later

Wednesday, April 26, 2006

4/26/2006 - Supreme Court of Ohio Decisions

Wednesday, April 26, 2006

2004-1726. State ex rel. Fisher v. Cleveland , 2006-Ohio-1827.
Cuyahoga App. No. 83945, 2004-Ohio-4345. 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-1827.pdf
Summary: City May Not Demand Copy of Employee’s Tax Return as Part of Residency Investigation

2005-1530. Ohio State Bar Assn. v. McCray, 2006-Ohio-1828.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-051. Risa Culp McCray, Attorney Registration No. 0032119, is publicly reprimanded.
Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
Moyer, C.J., O'Connor and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1828.pdf

2005-2033. Lorain Cty. Bar Assn. v. Lang, 2006-Ohio-1830.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-076. William P. Lang, Attorney Registration No. 0008774, is suspended from the practice of law in Ohio for one year, with six months stayed on condition.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., not participating.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1830.pdf
Summary: Avon Lake Attorney’s License Suspended


2005-2082. Smith v. Bradshaw, 2006-Ohio-1829.
Richland App. No. 05-CA-66, 2005-Ohio-5403. 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-1829.pdf

Later


Tuesday, April 25, 2006

6th Circuit Refuses to Review Ten Commandments Decision

The United States Court of Appeals for the 6th Circuit decided yesterday against reviewing en banc a decision in which a three-judge panel had upheld the constitutionality of a display containing the Ten Commandments in a court house in Mercer County, Kentucky.

The blog Religion Clause has a nice review of the matter.

Later

Monday, April 24, 2006

4/24/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

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 a motion to
invoke Section 38 of Article II of the Ohio Constitution against
Chief Justice Moyer. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2005-2162. Bellman v. Am. Internatl. Group.
Lucas App. No. L-03-1301, 163 Ohio App.3d 540, 2005-Ohio-5250.
This cause is pending as an appeal from the Court of Appeals for
Lucas County. Upon consideration of the motion of appellee
Auto Insurance Company to supplement the record,
IT IS ORDERED by the court that the motion is granted and
that the Clerk of the Lucas County Court of Common Pleas shall
certify and transmit the original filings in Lucas County Common
Pleas Case No. CI 2002-3525 to the Clerk of this court within
twenty days of the date of this entry.

2006-0363. Bd. of Edn. of Kettering City Schools v. Montgomery
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-1209. 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 joint motion to remand is granted.

2006-0646. Ohio Consumers' Counsel v. Public Util. Comm.
Public Utilities Commission, No. 05-792-EL-ATA. This cause is
pending before the court as an appeal from the Public Utilities
Commission. Upon consideration of the motion of Dayton Power
and Light Company for leave to intervene as an appellee,
IT IS ORDERED by the court that the motion is granted.

MISCELLANEOUS DISMISSALS

2005-2134. Preferred Capital, Inc. v. Power Eng. Group, Inc.
Summit App. No. 22475, 163 Ohio App.3d 522, 2005-Ohio-5113.
This cause is pending before the court as an appeal from the Court of
Appeals for Summit County. Upon consideration of the application for
dismissal of appellant Richard Oscar and Associates,
IT IS ORDERED by the court that the application for dismissal is granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that the
appeals of the other appellants remain pending.

2006-0111. State v. Lamarr.
Logan App. No. 8-04-39, 2005-Ohio-6030. This cause is pending
before the court as a discretionary appeal and claimed appeal of right.
It appears from the records of the court that the appellant has not
filed a memorandum in support of jurisdiction, due April 7, 2006,
in compliance with the Rules of Practice of the Supreme Court and
therefore has failed to prosecute this cause with the requisite
diligence. Upon consideration thereof,
IT IS ORDERED by the court that this cause is dismissed sua sponte.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0267. Roth, Blair, Roberts, Strasfeld & Lodge v. Wilkins.
Board of Tax Appeals, No. 2004-M-1092.
2006-0587. State ex rel. DeLany v. Indus. Comm.
Franklin App. No. 05AP-281, 2006-Ohio-427.
2006-0651. State ex rel. Tussing v. Indus. Comm.
Franklin App. No. 05AP-178, 2006-Ohio-703.

Later