Ohio Law

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

Wednesday, June 07, 2006

6/7/2006 - Supreme Court of Ohio Case Announcements

MERIT DECISIONS WITH OPINIONS

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2721.
Dispositions of currently pending appeals based on the decision in State v. Foster,
109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. See entry.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Criminal law — Felonies — Sentencing — Cases accepted and disposed of
on the authority of State v. Foster.


2004-2078. Butler Cty. Bar Assn. v. Cornett, 2006-Ohio-2575.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 02-96. Candie Lynn Cornett, Attorney Registration No. 0059489, 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.
Attorneys — Misconduct — Permanent disbarment — Failure to
cooperate with disciplinary investigation — Motion for default for
failure to answer — Neglecting an entrusted legal matter —
Intentionally failing to carry out contract of employment —
Engaging in conduct prejudicial to administration of justice —
Handling a legal matter without adequate preparation —
Conduct that prejudices or damages a client — Failure to
promptly return funds belonging to client — Unsupported allegations
dismissed.


2005-0044. Knox Cty. Bd. of Commrs. v. Knox Cty. Engineer, 2006-Ohio-
2576.
Knox App. No. 04-CA-000010, 2004-Ohio-6680. Judgment reversed.
Moyer, C.J., Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer and Lundberg Stratton, JJ., concur in part and dissent in part.
Political subdivisions – County engineer’s office – Funding – R.C. 315.12
– Section 5a, Article XII, Ohio Constitution restricts expenditure of
moneys derived from vehicle fees, excises, or license taxes to the
highway purposes listed therein or to purposes directly connected
thereto.


2005-1399. Anderson v. Nationwide Mut. Fire Ins. Co., 2006-Ohio-2578.
Lucas App. No. L-04-1251, 2005-Ohio-3043. Sua sponte, cause dismissed as
having been improvidently accepted.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
McFarland, JJ., concur.
Matthew W. McFarland, J., of the Fourth Appellate District, sitting for
Lanzinger, J.
Appeal dismissed as improvidently accepted.

2006-0094. Cleveland Bar Assn. v. Helfgott, 2006-Ohio-2579.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 03-065. Steven Isaac Helfgott, Attorney Registration No. 0022884, is
permanently disbarred from the practice of law in Ohio.
Moyer, C.J., Pfeifer, O'Connor and O'Donnell, JJ., concur.
Resnick, Lundberg Stratton and Lanzinger, JJ., dissent.
Attorneys at law — Misconduct — Conduct involving dishonesty —
Neglect of entrusted legal matters — Failure to refund unearned fees
— Intentionally prejudicing a client during the course of professional
relationship — Failure to cooperate in disciplinary investigation — Disbarment.

2006-0102. State v. Stevens, 2006-Ohio-2580.
Cuyahoga App. No. 86101, 2005-Ohio-6384. Discretionary appeal accepted and
judgment reversed and cause remanded.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ.,
concur.
Resnick and Pfeifer, JJ., dissent.
Criminal law — Sentencing — Appellate review — Court of appeals’
judgment reversed and cause remanded to the trial court on the
authority of State v. Saxon.

MOTION AND PROCEDURAL RULINGS

2002-2130. State v. McKnight.
Vinton C.P. No. 01-CR-7230. On application for reopening under S.Ct.Prac.R.
XI(6). Application denied.

2004-0485. State v. Ketterer.
Butler C.P. No. CR-2003-03-0309. On motion for leave to file supplemental
briefing to address sentencing issues. Motion denied.
Pfeifer, J., dissents.

2005-1992. State ex rel. Cafaro Mgt. Co. v. Mabe.
In Mandamus. On complaint and answer of respondent. Alternative writ granted,
and the following briefing schedule is set for presentation of evidence and filing of
briefs pursuant to S.Ct.Prac.R. X:
The parties shall file any evidence they intend to present within 20 days;
relator shall file its brief within 10 days of the filing of the evidence; respondent
shall file his brief within 20 days after the filing of relator’s brief; and relator may
file a reply brief within 7 days after the filing of respondent’s brief..

2005-2134. Preferred Capital, Inc. v. Power Eng. Group, Inc.
Summit App. Nos. 22475, 22476, 22477, 22478, 22485, 22486, 22487, 22488,
22489, 22497, 22499, 22506 and 22513, 163 Ohio App.3d 522, 2005-Ohio-5113.
On motion to strike Proposition of Law Nos. II and III of appellants’ merit brief.
Motion denied.
O’Connor, O’Donnell and Lanzinger, JJ., dissent.

2006-0216. State v. Tooley.
Portage App. No. 2004-P-0064, 2005-Ohio-6709. On motion requesting that Dean
Boland withdraw voluntarily or be disqualified from further representation in the
case. Motion denied.
Lundberg Stratton, O’Donnell and Lanzinger, JJ., dissent.

2006-0646. Ohio Consumers’ Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 05-792-EL-ATA. On motion for stay of
execution of the enforcement of the Public Utilities Commission’s opinion and
order dated March 1, 2006 and a Commission entry on rehearing dated March 29,
2006. Motion denied.

2006-0742. State ex rel. Triplett v. Ross.
In Prohibition. On motion to dismiss, motion of Ohio Attorney General for leave
to intervene as respondent, and answer of intervening respondent. Motion to
intervene granted. Alternative writ granted, and the following briefing schedule is
set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. X:
The parties shall file any evidence they intend to present within 20 days;
relator shall file his brief within 10 days of the filing of the evidence; respondents
shall file their brief within 20 days after the filing of relator’s brief; and relator may
file a reply brief within 7 days after the filing of respondents’ brief..
Moyer, C.J., Resnick and O’Connor, JJ., would grant the motion to intervene
and the motion to dismiss.

2006-0767. Floss v. Culver.
Ashtabula App. No. 2004-A-0014, 2006-Ohio-197. On review of order certifying
a conflict. The court determines that a conflict exists. Sua sponte, cause held for
the decision in 2005-2399 and 2006-0249, Mid-Am. Fire & Cas. Co. v. Heasley,
Lake App. No. 2004-L-115, 2005-Ohio-6072; cause consolidated with 2006-0505,
Floss v. Culver, Ashtabula App. No. 2004-A-0014, 2006-Ohio-197; and briefing
schedule stayed.
Pfeifer, J., dissents.

2006-0798. In re S.J.K.
Summit App. No. 22721, 2006-Ohio-653. On review of order certifying a conflict.
The court determines that a conflict exists. The parties are to brief the issue stated
in the court of appeals’ Journal Entry filed April 3, 2006:
“Whether an assessment of points against a traffic offender’s record
qualifies as a ‘collateral disability’ or a ‘loss of civil rights stemming from [the]
conviction’ sufficient to demonstrate that the traffic offender continues to have a
‘substantial stake in the judgment of conviction’ even after paying the fines and
costs also levied in the judgment of conviction.”
Resnick and Pfeifer, JJ., dissent.
O’Connor, J., not participating.
The conflict cases are State v. Ingalls, Stark App. No. 2003CA00311, 2004-
Ohio-3441; Cleveland v. Jennings (Feb. 17, 2000), Cuyahoga App. No. 76810;
Westlake v. Connole (Sept. 2, 1999), Cuyahoga App. Nos. 74727 and 74910; State
v. Brown (Sept. 26, 1991), Mahoning App. No. 90 CA 107; and State v. Simmons
(Dec. 26, 1989), Pickaway App. No. 88CA8.
Sua sponte, cause consolidated with 2006-0673, In re S.J.K., Summit App.
No. 22721, 2006-Ohio-653.

2006-0804. State v. Franklin.
Greene App. No. 2004 CA 127, 2005-Ohio-6832. On motion for leave to file
delayed appeal. Motion denied.
Pfeifer, J., dissents.

2006-0822. State v. Powell.
Montgomery App. No. 20857, 2006-Ohio-263. On motion for leave to file delayed
appeal. Motion denied.
Pfeifer, J., dissents.

2006-0824. Bellville v. Kieffaber.
Richland App. No. 2005CA0061, 2005-Ohio-6879. On review of order certifying
a conflict. The court determines that a conflict exists. The parties are to brief the
issue stated in the court of appeals’ Judgment Entry filed March 29, 2006:
“In a traffic law enforcement citation for ‘excessive speed,’ does the
complaint fail, as a matter of law, to charge a necessary element of the offense if it
does not also allege that the speed is ‘prima-facie’ unlawful and the speed alleged
is not charged as a ‘per se’ violation of the applicable traffic code?”
Resnick, Pfeifer and O’Donnell, JJ., dissent.
The conflict case is State v. Oglesby (Sept. 1, 2000), Erie App. Nos. E-99-
077 and E-99-076.

2006-0829. Ohio Partners for Affordable Energy v. Pub. Util. Comm.
Public Utilities Commission, No. 05-792-EL-ATA. On motion for admission pro
hac vice of David C. Rinebolt by Colleen L. Mooney on behalf of Ohio Partners
for Affordable Energy. Motion granted.

2006-0833. State v. Mitchell.
Guernsey App. No. 05-CA-2, 2006-Ohio-64. On motion for leave to file delayed
appeal. Motion denied.
Pfeifer, J., dissents.

2006-0857. Shaheen v. Snyder.
Tuscarawas App. No. 2005AP090070, 2006-Ohio-1492. On motion for stay of
court of appeals’ judgment. Motion denied.

APPEALS ACCEPTED FOR REVIEW

2006-0295. State v. White.
Summit App. No. 22591, 2005-Ohio-6990.
O’Connor, J., not participating.

2006-0489. Reagans v. Mountainhigh Coach Works, Inc.
Miami App. No. 05CA12, 2006-Ohio-423.
Lundberg Stratton and O’Connor, JJ., dissent.

2006-0505. Floss v. Culver.
Ashtabula App. No. 2004-A-0014, 2006-Ohio-197. Discretionary appeal accepted;
cause consolidated with 2006-0767, Floss v. Culver, Ashtabula App. No. 2004-A-
0014, 2006-Ohio-197; cause held for the decision in 2005-2399 and 2006-0249,
Mid-Am. Fire & Cas. Co. v. Heasley, Lake App. No. 2004-L-115, 2005-Ohio-
6072; and briefing schedule stayed.
Pfeifer, J., dissents.

2006-0506. Preferred Capital, Inc. v. Al & Lou Builders Supply, Inc.
Summit App. No. 22654, 2006-Ohio-250. Discretionary appeal accepted on
Proposition of Law Nos. I and II; cause held for the decision in 2005-2134,
Preferred Capital, Inc. v. Power Eng. Group, Inc., Summit App. Nos. 22475,
22476, 22477, 22478, 22485, 22486, 22487, 22488, 22489, 22497, 22499, 22506
and 22513, 163 Ohio App.3d 522, 2005-Ohio-5113; and briefing schedule stayed.
Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., would also accept the appeal
on Proposition of Law No. III.
O’Connor, J., would accept the appeal on Proposition of Law No. I only.

2006-0507. Peters v. Columbus Steel Castings Co.
Franklin App. No. 05AP-308, 2006-Ohio-382.
Pfeifer and O’Donnell, JJ., dissent.

2006-0539. Herbert v. Porter.
Seneca App. No. 13-05-15, 165 Ohio App.3d 217, 2006-Ohio-355.
O’Connor, O’Donnell and Lanzinger, JJ., would accept the appeal on
Proposition of Law No. II only.

2006-0655. Gustin v. Chaney.
Highland App. No. 05CA7, 2006-Ohio-1049. Discretionary appeal accepted;
cause held for the decision in 2005-0998, Robinson v. Bates, Hamilton App. No.
C-040063, 160 Ohio App.3d 668, 2005-Ohio-1879; and briefing schedule stayed.
Pfeifer, J., dissents.

2006-0673. In re S.J.K.
Summit App. No. 22721, 2006-Ohio-653. Discretionary appeal accepted and
cause consolidated with 2006-0798, In re S.J.K., Summit App. No. 22721, 2006-
Ohio-653.
Resnick and Lanzinger, JJ., dissent.
O’Connor, J., not participating.

Later


Monday, June 05, 2006

Supreme Court of Ohio's Oral Argument Summaries for This Week

Tuesday, June 6, 2006

First Union National Bank of Delaware v. Maenle, Case no. 2005-1635
6th District Court of Appeals (Huron County)

Holdeman v. Epperson, Case no. 2005-16422nd District Court of
Appeals (Clark County)

Knust and Purkrabek v. Wilkins, Case no. 2005-2084
State Board of Tax Appeals

Wednesday, June 7, 2006

State v. Azbell, Case no. 2005-17885th District Court of
Appeals (Richland County)

State v. Cress, Case nos. 2005-1965 and 2005-21143rd District
Court of Appeals (Marion County)

Columbus Bar Association v. Farmer, Case no. 2006-0491
Franklin County

Ameritech Publishing, Inc. v. Zaino, Case no. 2005-1862
Board of Tax Appeals

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6/5/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2006-0919. Conley v. Smith.
Stark App. No. 2005CA00215, 2006-Ohio-1498. This cause is pending before this
court as a discretionary appeal and claimed appeal of right. Upon consideration of
appellee's motion to dismiss and/or suggestion of bankruptcy stay,
IT IS ORDERED by the court, sua sponte, that this case is stayed pending
further order of this court.
IT IS FURTHER ORDERED that the parties shall file a notice with this
court upon the termination of the automatic stay under the Bankruptcy Code.

MISCELLANEOUS ORDERS

On December 2, 2005, the following attorneys were suspended from the
practice of law pursuant to Gov.Bar R. VI(6)(B) for failing to file their 2005/2007
Certificate of Registration and paying the applicable fees on or before December 1,
2005. These attorneys have applied for reinstatement, complied with the
requirements of Gov.Bar R. VI(1), paid all applicable registration and
reinstatement fees, and have been reinstated to the practice of law pursuant to
Gov.Bar R. VI(6)(D):

Attorney Number Attorney Name City, State Reg. Status

0042918 John Frederick Gillespie Suwanee, GA Active
0063917 Michael Peter Gutillo Niskayuna, NY Inactive
0028425 Thomas Edward Roberts Winston Salem, NC Inactive
0043472 Howard Boyd Tolley, Jr. Cincinnati, OH Inactive
0029671 John Howard Walker Houston, TX Active
0036948 Coral Marie Watt Detroit, MI Inactive
0067106 Geoffrey Thomas Willard Reston, VA Inactive
0048213 Frankie Donnell Hoskey Eufaula, AL Inactive
0005456 Michael Emerson Mears Dallas, TX Inactive
0074072 Kevin Lindsey Waugh APO AE, Inactive
0006272 Kathleen F. Bornhorst Portland, CT Active
0038128 Shannon Dean Freeman Charlotte, NC Active
0062697 David Edward Galicia South Euclid, OH Inactive
0016638 Deborah Levine Herman Stockbridge, MA Inactive
0070235 Lonny Sheinkopf Hoffman Bellaire, TX Inactive
0075806 John Mathias Krings, Jr. Eau Claire, WI Inactive
0030203 Henry Marvin Mercer, III Walstonburg, NC Inactive
0042267 Shawn Robert Ryan Hebron, KY Active
0063589 Sumana Montri Sarkar Copley, OH Active
0032220 Daniel C. Turoff Aurora, OH Active
0036936 Thomas David Yannucci Falls Church, VA Inactive
0024599 Herman Stanley Muir, III Portland, OR Active
0015907 David Eugene Busler Mansfield, OH Active
0031922 Jeffrey Allen Fine Solon, OH Inactive
0072180 Brad Edward Haller Mason, OH Active
0039059 Leonard Theodore Lancaster Columbus, OH Retired
0027659 Richard Mancini Beaver Falls, PA Inactive
0067228 Timothy Carvel Maples Memphis, TN Inactive
0008681 Cary Alan Metz Hummelstown, PA Inactive
0009926 Douglas Charles Prince Dallas, TX Inactive
0041684 Jennifer Rie Bronxville, NY Inactive
0013341 Frederick Paul Roth Strongsville, OH Inactive
0067079 James Daniel Udovich Rockwall, TX Inactive
0065451 Matthew Kevin Wisinski Walnut Creek, CA Active
0075867 Lisa Lorraine Johnson Columbus, OH Active
0037515 Albert Frank Winkler West Palm Beach, FL Inactive

MEDIATION REFERRALS

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

2006-1000. Colonial Village Ltd. v. Washington Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-574.


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