Ohio Law

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

Friday, May 26, 2006

5/26/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2006-0105. State v. Tooley.
Portage App. No. 2004-P-0064, 2005-Ohio-6709. This cause is pending before
this court as an appeal from the Court of Appeals for Portage County.
IT IS ORDERED by the court, sua sponte, that the following exhibits
contained in the court of appeals' record are placed under seal: Plaintiff's Exhibits
7, 8, 10, 11, 17, 20, and 21, and Defendant's Exhibit "A".

MISCELLANEOUS DISMISSALS

2006-0644. State v. Strowder.
Cuyahoga App. No. 85792, 2006-Ohio-442. 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.

2006-0819. Funck v. Pierce.
Hamilton App. No. C-050487. 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
May 22, 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):

2006-0930. State ex rel. Goodyear Tire & Rubber Co. v. Salmons.
Franklin App. No. 05AP-116, 2006-Ohio-1526.

2006-0974. State ex rel. Baja Marine Corp. v. Indus. Comm.
Franklin App. No. 05AP-555, 2006-Ohio-1646.

ADMINISTRATIVE ACTIONS

1. An amendment to Standard Probate Form 17.1 and new Standard Probate
Form17.1A are adopted effective June 1, 2006.
2. A proposed amendment to Canon 3 of the Code of Judicial Conduct will be
published for public comment.

Later


Thursday, May 25, 2006

5/25/2006 - Supreme Court of Ohio Case Announcements

DISCIPLINARY CASES

2006-0461. Cuyahoga Cty. Bar Assn. v. Maybaum.
Board of Commissioners on Grievances and Discipline, No. 05-008. This cause is
pending before the court on report from the Board of Commissioners on
Grievances and Discipline. Upon consideration of relator's motion for continuance
of oral argument,
IT IS ORDERED by the court that the motion is denied.

MEDIATION REFERRALS

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

2006-0884. St. Bernard Self-Storage LLC v. Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-T-1532.

2006-0931. State ex rel. Worrell v. Ohio Police & Fire Pension Fund.
Franklin App. No. 05AP-490, 2006-Ohio-1301.

Later


Wednesday, May 24, 2006

Ding Dong the TEL is Dead

The Ohio General Assembly pulled off a maneuver, which what in baseball terms would be called a "double switch," yesterday. The TEL constitutional amendment that was to be on the November ballot was starting to prove to be a bit troublesome for Republican gubernatorial nominee Ken Blackwell. Yesterday, the Republican-controlled House passed a statutory version of the tax expenditure limitation as an amendment to the $763 million, two-year tobacco settlement budget (SB 321). The Republican-controlled Senate then acted upon separate legislation that would allow an initiated petition committee to withdraw a ballot issue that has been certified for a vote
(HB 312).
Then both chambers signed off on the amendments to each bill, sending them to Governor Bob Taft for his signature. The TEL amendment's demise means that a 3.5% growth limit on state expenditures will be written into the Ohio Revised Code.

Later

5/24/2006 - Supreme Court of Ohio Decisions

Wednesday, May 24, 2006

2004-1325 and 2004-1746. State v. Chandler , 2006-Ohio-2285.
Stark App. No. 2003CA00342, 2004-Ohio-3436, and No. 2003CA00403, 2004-Ohio-4764. Judgments affirmed.
Moyer, C.J., Pfeifer, O'Donnell and Lanzinger, JJ., concur.
Resnick, Lundberg Stratton and O'Connor, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2285.pdf
Summary: Enhanced Sentencing as ‘Major Drug Offender’ Requires Some Amount of Controlled Substance

Criminal law — Drug trafficking — R.C. 2925.03 — Offer to sell substance purported to be crack cocaine — Conviction improper when substance offered is not in fact controlled substance — R.C. 2925.03(C)(4)(g) penalty enhancement does not apply to such transactions.

2005-0899. State ex rel. Dobbins v. Indus. Comm., 2006-Ohio-2286.
Franklin App. No. 04AP-590, 2005-Ohio-1529. 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-2286.pdf

Workers’ compensation — Medical-file review by nonexamining physician — Industrial Commission’s determination of weight and credibility of evidence — No duty to explain why some evidence deemed more persuasive than other evidence.

2005-1108. State ex rel. Avalon Precision Casting Co. v. Indus. Comm., 2006-Ohio-2287.
Franklin App. No. 04AP-558, 2005-Ohio-2297. 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-2287.pdf

Workers’ compensation — Appeal from denial of petition for writ of mandamus — Industrial Commission did not abuse its discretion — Judgment affirmed.

2005-1915. Payne v. Jeffreys, 2006-Ohio-2288.
Marion App. No. 9-05-27 . 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-2288.pdf

Appeal from dismissal of a petition for a writ of habeas corpus — Habeas corpus is not available to challenge the validity or sufficiency of an indictment — Judgment affirmed.

2005-2022. Dayton Bar Assn. v. Corbin, 2006-Ohio-2289.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-052. Gregory J. Corbin, Attorney Registration No. 0030426, is publicly reprimanded.
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-2289.pdf

Attorneys at law — Misconduct — Public reprimand — Entering into a business transaction with a client.

2005-2060. Columbus Bar Assn. v. Mills, 2006-Ohio-2290.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-074. Melanie Mills, Attorney Registration No. 0062207, is suspended from the practice of law in Ohio for one year, stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Lanzinger, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2290.pdf

Attorneys at law — Misconduct — Collection of an illegal or clearly excessive fee — Conduct adversely reflecting on fitness to practice law — Representation of multiple clients when the exercise of professional judgment on one client's behalf may be adversely affected by the representation of another client — One-year stayed suspension.

2005-2353. Fortson v. Bradshaw, 2006-Ohio-2291.
Richland App. No. 05-CA-98. Judgment affirmed.
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-2291.pdf

Successive habeas corpus petition is barred by res judicata — Judgment affirmed.

2005-2395. Disciplinary Counsel v. Jacobs, 2006-Ohio-2292.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-055. Frank David Jacobs, Attorney Registration No. 0011310, is publicly reprimanded.
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-2292.pdf

Attorneys — Misconduct — Dual representation — Accepting or continuing representation when professional judgment likely to be compromised — Public reprimand.

Later


Tuesday, May 23, 2006

5/23/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-2084. Knust v. Wilkins.
Board of Tax Appeals, No. 2004-M-533. This cause is pending before the
court as an appeal from the Board of Tax Appeals. Upon consideration of
the motion of amici curiae, Rome P. Busa Jr. and Anthony J. Busa,
requesting leave to participate in oral argument,
IT IS ORDERED by the court that the motion is denied.

2006-0891. Brown v. State.
Lucas App. No. L-05-1050, 2006-Ohio-1393. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. Upon
consideration of appellee’s motion to strike appellant’s notice of appeal and
memorandum in support of jurisdiction,
IT IS ORDERED by the court that the motion is denied.
IT IS FURTHER ORDERED, sua sponte, that appellee may file a
memorandum in response to appellant’s memorandum in support of
jurisdiction within 30 days of the date of this entry.

MISCELLANEOUS DISMISSALS

2005-1789. State ex rel. John Q. Public v. Etna Twp. Bd. of Trustees.
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.

MISCELLANEOUS ORDERS

In re Report of the Commission on
Continuing Legal Education.
Carolyn D. Peterson
(#0054081)
Respondent.
Case No. CLE-05-54081
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 2003-2004 reporting period.
On May 16, 2006, 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 May 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 her
suspension by this court’s order of suspension. On May 17, 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, Carolyn D. Peterson, is hereby reinstated to the practice of
law.

Later


Monday, May 22, 2006

2005 Edition of Ohio Courts Summary Released

Ohio's courts saw 3.1 million new cases filed in 2005, representing a
2 percent increase over the number of cases filed statewide in 2004,
according to the 2005 Ohio Courts Summary recently issued by
the Supreme Court of Ohio.

Click here for the press release, here for the complete report.

Later

5/22/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-2385. State v. Copeland.
Butler App. No. CA2003-12-320, 2005-Ohio-5899. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. On December 10,
2005, appellant filed a notice that a motion to certify a conflict was pending in the
court of appeals and, pursuant to S.Ct.Prac.R. IV(4)(A), this court stayed
consideration of the jurisdictional memoranda filed in this appeal. Whereas
appellant has neither notified this court that the court of appeals determined that a
conflict does not exist as provided by S.Ct.Prac.R. IV(4)(B) nor filed a copy of the
court of appeals' order certifying the existence of a conflict as provided by
S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

DISCIPLINARY CASES

2005-0382. Richland Cty. Bar Assn. v. Akers.
On application for reinstatement of Eric J. Akers, Attorney Registration No.
0019706. Application granted and respondent reinstated to the practice of law in
Ohio.

MISCELLANEOUS DISMISSAL

2005-2052. State v. Heyman.
Sandusky App. No. S-04-016, 2005-Ohio-5565 and 2005-Ohio-6244. This cause
is pending before the court as a discretionary appeal. It appears from the records
of the court that the appellant has not filed a memorandum in support of
jurisdiction, due December 1, 2005, 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.

Later


Supreme Court of Ohio Oral Argument Summaries for May 22-23, 2006

The Court is hearing four cases tomorrow - click here for the summaries. For Wednesday's summaries, click here.

Later

Department of Taxation Releases Spring 2006 State Tax Report

From the Ohio Department of Taxation:

The Spring 2006 edition of Ohio's State Tax Report, published by the
Ohio Department of Taxation (ODT), is now available.
Among this edition's stories are a look at the results of the latest school
district income tax delinquency program, and a wrap-up of the highly
successful tax amnesty program. Other features include a column by
Tax Commissioner William W. Wilkins on planned technology upgrades
within ODT, summaries of recent tax-related court decisions, and
highlights of significant tax enforcement actions.
An archive of Ohio's State Tax Report is available on ODT's Web site,
tax.ohio.gov; click on "Research" then "Publications."
To view the Spring 2006 report, click here.

Later