Ohio Law

Supreme Court of Ohio Decides Eminent Domain Case

2006-07-26T10:41:00.000-04:00

In a 58-page unanimous opinion, the Supreme Court of Ohio has decided against eminent domain for purely economic benefit absent another public benefit.

Cite as Norwood v. Horney, ___ Ohio St.3d ___, 2006-Ohio-3799.]
(Nos. 2005-0227 and 2005-0228 — Submitted September 28, 2005 — Decided
July 26, 2006.)
(Nos. 2005-1210 and 2005-1211 — Submitted January 11, 2006 — Decided July
26, 2006.)
APPEALS from the Court of Appeals for Hamilton County,
Nos. C-040683 and C-040783 (January 19, 2005).
APPEALS from the Court of Appeals for Hamilton County, Nos. C-040683 and C-
040783 (May 20, 2005), 161 Ohio App.3d 316, 2005-Ohio-2448.
In the absence of other public benefit, the fact that an appropriation of property
will provide an economic benefit to the community does not satisfy the
public-use requirement of Section 19, Article I of the Ohio Constitution —
The void-for-vagueness doctrine applies to statutes that regulate the use of
eminent-domain powers — Courts shall apply heightened scrutiny when
reviewing statutes that regulate the use of eminent-domain powers — The
term “deteriorating area” as a standard for an appropriation of property
is unconstitutional — R.C. 163.19 is unconstitutional in part.

Later

Ohio Law Blog to Change Focus

2006-07-11T09:36:00.000-04:00

Because of the Supreme Court of Ohio's new RSS feeds, this blog will no longer post all case decision links and other case or administrative matters that are the purview of those feeds. Instead, this Blog will point out major decisions released by the court, and offer pointers to new resources and documents that are posted or released that concern the state and citizens of Ohio.

Thanks for your support.

Later

Supreme Court of Ohio Announces RSS Feed

2006-06-30T09:47:00.000-04:00

The Supreme Court of Ohio announced yesterday that RSS feeds for Court news and opinion summaries are now available on its Web site, www.supremecourtofohio.gov. The new RSS feature is part of an ongoing effort by the Supreme Court and Chief Justice Thomas J. Moyer to use information technology to increase public understanding of the judiciary.

To subscribe to Supreme Court RSS feeds, visit www.supremecourtofohio.gov, and click on the RSS Feed link on the right-hand side of the page, which features step-by-step instructions. A guide for using Google and Yahoo RSS readers is available on the Web site as well.

Later

6/22/2006 - Supreme Court of Ohio Case Announcements

2006-06-22T09:22:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2003-2036. State v. Barton.
Warren App. No. 03CR20526. This cause came on for further consideration of
appellant's motion to schedule a competency evaluation to determine whether the
defendant is competent to waive further appeals and his request for a stay of
execution so that the competency evaluation can be completed. Upon
consideration thereof,
IT IS ORDERED by the court that this cause is remanded to the Court of
Common Pleas of Warren County for the following limited purpose:
The court of common pleas is directed to promptly hold an evidentiary
hearing to determine whether the defendant's competency to waive further appeals
should be psychiatrically evaluated. The court shall further determine whether
such decision was voluntarily, knowingly, and intelligently made. The trial court
should consider any matters reflecting on the defendant's competency submitted by
the defense counsel or the state.
IT IS FURTHER ORDERED by the court that, as soon as the court of
common pleas has conducted this evidentiary hearing and made the appropriate
findings of fact, the court of common pleas should announce its ruling. Should the
trial court rule that a competency evaluation ought to be conducted, R.C. 2945.371,
Section (B) should be followed for appointing an examiner to conduct the
evaluation; Section (F) should be followed in directing the examiner to consider
"all relevant evidence" in completing the evaluation; and Section (G) should be
followed for the format and timeframe for the completion of the examiner's report.
Any examiner appointed by the trial court should apply the test set forth in State v.
Berry (1995), 74 Ohio St.3d 1504, 659 N.E.2d 796, in conducting the psychiatric
evaluation. At all times during this limited remand, this court shall retain
jurisdiction of this cause.
IT IS FURTHER ORDERED that the appellant's motion for a stay of
execution is denied.
O'Donnell, J., would deny the motion to schedule a competency evaluation.

2004-0892. Fostoria v. Ohio Patrolmen's Benevolent Assn.
Seneca App. No. 13-03-26, 2004-Ohio-1945. This cause came on for further
consideration of appellee's response to this court's March 29, 2006, show cause
order. Upon consideration thereof,
IT IS ORDERED by the court that the appellee, the City of Fostoria, is
hereby found in contempt of this court for failing to fully comply with this court's
September 14, 2005, judgment entry and opinion and November 23, 2005, entry on
reconsideration.
IT IS FURTHER ORDERED that appellee may purge itself of contempt by
making payment to each employee affected by this court's prior decisions in this
case within thirty days of the date of this order. Failure to comply will result in the
imposition of additional sanctions.

MISCELLANEOUS DISMISSALS

2005-1106. Campbell v. TES Franchising, LLC.
Butler App. No. CA2004-06-151, 2005-Ohio-2271. This cause is pending before
the court as an appeal from the Court of Appeals for Butler County. 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.

2005-1357. Campbell v. TES Franchising, LLC.
Butler App. No. CA2004-06-151, 2005-Ohio-2271. This cause is pending before
the court on the certification of a conflict by the Court of Appeals for Butler
County. 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.

2006-0989. State ex rel. Brown v. Bernard.
In Mandamus and Prohibition. This cause originated in this court on the filing of a
complaint for a writ of mandamus and prohibition. 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.

MEDIATION REFERRALS

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2006-0168. State ex rel. Carr v. Akron.
In Mandamus.

2006-0778. State ex rel. Roddy v. Indus. Comm.
Franklin App. No. 04AP-930, 2006-Ohio-1185.

ADMINISTRATIVE ACTIONS

This list is being published pursuant to Gov.Bar R. I(15). The following persons
have applied to take the July 2006 Ohio Bar Examination:
Click here for the list (starts on page 3).

Later

6/21/2006 - Supreme Court of Ohio Case Announcements

2006-06-21T09:48:00.000-04:00

Wednesday, June 21, 2006

2003-1964. State v. Conway , 2006-Ohio-2815.
Franklin C.P. No. 02CR-3117. 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-2815.pdf
Summary: Court Affirms Death Sentence of Columbus Killer

2005-2054. Cuyahoga Cty. Bar Assn. v. Marosan, 2006-Ohio-2816.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-035. Joseph E. Marosan, Attorney Registration No. 0025849, is suspended from the practice of law in Ohio for six months, such suspension to run consecutively to respondent's present suspension.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Pfeifer and O'Donnell, JJ., dissent and would impose a six-month suspension to run concurrently with respondent's present suspension.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2816.pdf
Summary: Court Extends Lawyer’s License Suspension

2005-2394. Toledo Bar Assn. v. Burkholder, 2006-Ohio-2817.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-038. Fred Joseph Burkholder, Attorney Registration No. 0014094, is suspended from the practice of law in Ohio for six months, stayed on condition.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents and would publicly reprimand respondent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2817.pdf

2006-0096. Columbus Bar Assn. v. Stubbs, 2006-Ohio-2818.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-083. SaKeya MonCheree Stubbs, Attorney Registration No. 0071309, is suspended from the practice of law in Ohio for six months, stayed on conditions, and placed on probation for one year.
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-2818.pdf

Later

6/19/2006 - Supreme Court of Ohio Case Announcements

2006-06-19T10:39:00.000-04:00

DISCIPLINARY CASES

2004-2144. Cuyahoga Cty. Bar Assn. v. Jurczenko.
On August 24, 2005, this court suspended respondent, Alexander Jurczenko, for a
period of two years with one year stayed on conditions. On February 14, 2006,
relator, Cuyahoga County Bar Association, filed a motion for order to appear and
show cause, requesting the court to issue an order directing respondent to appear
and show cause why he should not be found in contempt for his failure to comply
with this court's August 24, 2005, order. On March 27, 2006, this court granted
that motion and advised respondent to file a written response. Respondent did not
file a response to the show cause order. Accordingly,
IT IS ORDERED by the court, sua sponte, that respondent appear in person
before this court on July 18, 2006, at 9:00 a.m.

2006-0948. In re Lockhart.
On May 15, 2006, and pursuant to Gov.Bar R. V(5)(A)(3), the Secretary of the
Board of Commissioners on Grievances and Discipline of the Supreme Court of
Ohio certified to the Supreme Court a certified copy of a judgment entry of a
felony conviction against John Dallas Lockhart, an attorney licensed to practice
law in the state of Ohio.
Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is
ordered and decreed that John Dallas Lockhart, Attorney Registration No.
0073401, last known business address in Akron, Ohio, be, and hereby is,
suspended from the practice of law for an interim period, effective as of the date of
this entry.
IT IS FURTHER ORDERED that this matter be, and is hereby, referred to
the Ohio State Bar Association for investigation and commencement of
disciplinary proceedings.
IT IS FURTHER ORDERED that respondent immediately cease and desist
from the practice of law in any form and is hereby forbidden to appear on behalf of
another before any court, judge, commission, board, administrative agency or other
public authority.
IT IS FURTHER ORDERED that, effective immediately, respondent be
forbidden to counsel or advise, or prepare legal instruments for others or in any
manner perform legal services for others.
IT IS FURTHER ORDERED that respondent is hereby divested of each, any
and all of the rights, privileges and prerogatives customarily accorded to a member
in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G),
respondent shall complete one credit hour of continuing legal education for each
month, or portion of a month of the suspension. As part of the total credit hours of
continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to professional conduct required by
Gov.Bar R. X(3)(A)(1) for each six months, or portion of six months, of the
suspension.
IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent complies with the requirements for
reinstatement set forth in the Supreme Court Rules for the Government of the Bar
of Ohio; (2) respondent complies with this and all other orders issued by this court;
(3) respondent complies with the Supreme Court Rules for the Government of the
Bar of Ohio; and (4) this court orders respondent reinstated.
IT IS FURTHER ORDERED, sua sponte, by the court that within 90 days of
the date of this order, respondent shall reimburse any amounts that have been
awarded by the Clients' Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is
further ordered, sua sponte, by the court that if, after the date of this order, the
Clients' Security Fund awards any amount against the respondent pursuant to
Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to the Clients'
Security Fund within 90 days of the notice of such award.
IT IS FURTHER ORDERED that on or before 30 days from the date of this
order, respondent shall:
1. Notify all clients being represented in pending matters and any cocounsel
of respondent's suspension and consequent disqualification to act as
an attorney after the effective date of this order and, in the absence of cocounsel,
also notify the clients to seek legal service elsewhere, calling
attention to any urgency in seeking the substitution of another attorney in
respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients
being represented in pending matters any papers or other property pertaining
to the client, or notify the clients or co-counsel, if any, of a suitable time and
place where the papers or other property may be obtained, calling attention
to any urgency for obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in
respondent's possession or control;
4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of respondent's disqualification to act as an
attorney after the effective date of this order, and file a notice of
disqualification of respondent with the court or agency before which the
litigation is pending for inclusion in the respective file or files;
5. Send all such notices required by this order by certified mail with a return
address where communications may thereafter be directed to respondent;
6. File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing
proof of service of notices required herein, and setting forth the address
where the affiant may receive communications; and
7. Retain and maintain a record of the various steps taken by respondent
pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made
on respondent by sending this order, and all other orders in this case, by certified
mail to the most recent address respondent has given to the Attorney Registration
Section.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

Later

Board of Commissioners on Grievances and Discipline Issues Two Opinions

2006-06-19T06:23:00.000-04:00

OPINION 2006-5
Issued June 9, 2006

SYLLABUS: The DR 7-104(A)(1) restraint on communication with represented persons and parties applies to an attorney who is appointed to serve in a dual role as guardian ad litem and attorney for a minor child. Thus, it is improper for an attorney, appointed to serve in a dual role as a child’s attorney and guardian ad litem, to communicate on the subject of the representation with a represented person or party unless there is consent by counsel or authorization by law, such as through a court rule or court order. Communication that is administrative in nature, such as scheduling appointments or meetings, is not communication on the subject of the representation.

OPINION 2006-6
Issued June 9, 2006

SYLLABUS: A CSEA staff attorney may not represent the state in a contempt action filed against a party for failure to abide by a court order involving a CSEA matter in which that staff attorney issued administrative orders as a CSEA administrative hearing officer. A CSEA staff attorney may not represent the state in any other action involving a CSEA matter in which that staff attorney participated as the CSEA hearing officer making determinations or issuing administrative orders. A CSEA staff attorney is not barred from representing the state in an action solely because a party in the action is a person who once appeared before that staff attorney who served as the administrative hearing officer.

Later

PUCO Introduces Business Information Center

2006-06-15T11:42:00.000-04:00

The Public Utilities Commission of Ohio (PUCO) today introduced a
new Business Information Center section of its Web site. This new
Web page contains information designed to help Ohio businesses
understand and manage their utility needs.

Later

6/15/2006 - Supreme Court of Ohio Case Announcements

2006-06-15T10:05:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2005-0150. Lewis v. J. E. Wiggins & Co.
Franklin App. No. 04AP-469, 04AP-544, and 04AP-668, 2004-Ohio-6724. This
cause came on for further consideration of appellant's motion for leave to file a
motion to vacate judgment for attorney fees and the motion to vacate judgment for
attorney fees. Upon consideration thereof,
IT IS ORDERED by the court that that the motions are denied.

DISCIPLINARY CASES

2000-0760. Disciplinary Counsel v. Braun.
On application for reinstatement of Gary L. Braun, Attorney Registration No.
0021431. Application granted and respondent reinstated to the practice of law in
Ohio.

MISCELLANEOUS DISMISSALS

2006-0109. State ex rel. Glasgow v. Columbus Pub. Schools.
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.

2006-0311. State ex rel. Bailey v. Indus. Comm.
Franklin App. No. 05AP-316. This cause is pending before the court as an appeal
from the Court of Appeals for Franklin County. 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.

2006-0589. State v. Trouten.
Jefferson App. No. 04JE18, 2005-Ohio-6592. 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 June 9, 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 case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2006-0910. State ex rel. PFC Lamont Hill Memorial v. Petro.
In Mandamus.

Later

6/14/2006 - Supreme Court of Ohio Case Announcements

2006-06-14T09:53:00.000-04:00

MERIT DECISIONS WITH OPINIONS

2004-1824. Marrone v. Philip Morris USA, Inc., 2006-Ohio-2869.
Medina App. No. 03CA0120-M, 2004-Ohio-4874. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Grady and Lanzinger, JJ., concur in part and dissent in part.
Pfeifer, J., dissents.
Thomas J. Grady, J., of the Second Appellate District, sitting for Resnick, J.
A consumer may qualify for class-action certification under
Ohio’s Consumer Sales Practices Act only if the defendant’s
alleged violation of the Act is substantially similar to an act
or practice previously declared to bedeceptive by one of
the methods identified in R.C. 1345.09(B).

2005-0216 and 2005-0412. State v. Kreischer, 2006-Ohio-2706.
Perry App. No. 03 CA 20, 2004-Ohio-6854. Judgment affirmed.
Moyer, C.J., Ford, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger,
JJ., concur.
Pfeifer, concurs in part and dissents in part.
Donald R. Ford, J., of the 11th Appellate District, sitting for Resnick, J.
Former R.C. 2929.18(A)(1) — Under former R.C. 2929.18(A)(1),
a court may order an offender to pay restitution to an
insurance company that incurred medical costs on
behalf of the victim.

2005-0501 and 2005-0502. Andrew Jergens Co. v. Wilkins, 2006-Ohio-2708.
Board of Tax Appeals, Nos. 2002-P-403 and 2002-P-614. Decision affirmed.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., dissent.
Personal property taxation — Off-the-shelf computer software
taxable as tangible personal property used in business.

2005-2440. Disciplinary Counsel v. White, 2006-Ohio-2709.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-060. David Lee White II, Attorney Registration No. 0030927, 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 at law — Misconduct — Conduct involving moral turpitude —
Conduct adversely reflecting on fitness to practice law —
Conviction on felony drug offense — Disbarment.

2006-0121. Cuyahoga Cty. Bar Assn. v. Scott-Chestang, 2006-Ohio-2711.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-002. Renee B. Scott-Chestang, Attorney Registration No. 0030616, 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.
Attorneys at law — Misconduct — Indefinite suspension —
Neglecting entrusted legal matters — Engaging in conduct
involving fraud, deceit, dishonesty, or misrepresentation —
Intentionally prejudicing or damaging a client — Failing to
promptly deliver funds to which a client is entitled.

Later

Supreme Court of Ohio Orders Governor Taft to Turn Over Documents for Review

2006-06-14T07:33:00.000-04:00

Here is the syllabus:

THE STATE OF OHIO EX REL. DANN v. TAFT, GOVERNOR.
[Cite as State ex rel. Dann v. Taft, ___ Ohio St.3d ___, 2006-Ohio-2947.]
Public records — Exemptions — R.C. 149.43(A)(1)(v) — Executive privilege —
Formal assertion by governor of qualified gubernatorial-communications
privilege to withhold from disclosure certain confidential communications
— Relator must show particularized need and explain why that need
outweighs qualified privilege — In camera review of records required to
determine whether need outweighs privilege — Governor ordered to
submit requested documents for review.
(No. 2005-1222 ─ Submitted June 7, 2006 ─ Decided June 13, 2006.)

The documents ("certain weekly reports that allegedly relate to the
Bureau of Workers’ Compensation and that were prepared by various
officials in the executive branch") now go to the Court:
"Accordingly, we order the governor to submit to this court for in
camera review the unredacted documents requested by Dann over
which the governor claims qualified gubernatorial-communications
privilege."

Later

Clients' Security Fund Awards More Than $325,000

2006-06-13T12:21:00.000-04:00

The Supreme Court of Ohio's Board of Commissioners of the Clients' Security Fund has awarded $326,688 to 24 victims of attorney theft. News release can be found here.

Later

6/13/2006 - Supreme Court of Ohio Case Announcements

2006-06-13T12:17:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2006-1019. Lipford v. Corrigan.
In Prohibition. This cause originated in this court on the filing of a complaint for a
writ of prohibition. Upon consideration of relator's motion to expedite and for
emergency review and motion for stay of proceedings in lower court and to
advance matter on the court's docket,
IT IS ORDERED by the court that the motions are denied.
Pfeifer, J., dissents.
Lanzinger, J., not participating.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2006-0569. State ex rel. Kelsey-Hayes Co. v. Heinlen.
Franklin App. No. 05AP-360, 2006-Ohio-428.

Later

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

2006-06-07T09:38:00.000-04:00

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

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

2006-06-05T09:30:00.000-04:00

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

Later

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

2006-06-05T09:08:00.000-04:00

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.

Later

6/2/2006 - Supreme Court of Ohio Case Announcements

2006-06-02T09:31:00.000-04:00

MERIT DECISIONS WITHOUT OPINIONS

2006-1029. In re Disqualification of Martin.
This cause is pending before the court upon appellant’s notice of appeal from a
decision under R.C. 2701.03. Whereas this court lacks jurisdiction to hear an
appeal from proceedings under that statute,
IT IS ORDERED by the court that this cause is dismissed sua sponte.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2006-1007. State ex rel. Cruzado v. Zaleski.
In Prohibition. This cause originated in this court on the filing of a complaint for a
writ of prohibition. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that an alternative writ is 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 of
the date of this entry; relator shall file his 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.

MISCELLANEOUS DISMISSALS

2006-0982. Watson v. Collins.
Noble App. No. 05NO327. This cause is pending before the court as an appeal
from the Court of Appeals for Noble County. 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.

Later

Ohio Department of Public Safety Newsletters

2006-06-02T07:02:00.000-04:00

Thanks to a story from the web site of WTOV-9 in Steubenville, I found out about the various newsletters offered by the Ohio Department of Public Safety. The most current ones are the Bureau Messenger and The Hot Sheet. The story from WTOV-9 concerned The Hot Sheet, a monthly publication that reports on the doings of the state's habitual drunken driving offenders. The latest issue (April) consists of four pages (PDF) and details the arrests made by local authorities as well as Sheriffs' departments and the Ohio State Highway Patrol. There is a box at the lower left of the first page with some statistics: From August 1, 1991 through March 31, 2006, there were 17,897 arrests made of habitual offenders (five or more convictions), and 27,313 calls were placed to 1-800-GRAB-DUI.

Later

6/1/2006 - Supreme Court of Ohio Case Announcements

2006-06-01T09:15:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2006-0878. State ex rel. Evans v. Blackwell.
Franklin App. No. 06AP-6, 2006-Ohio-2076. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of appellant's amended motion for immediate expedited
consideration,
IT IS ORDERED by the court that the motion is denied.
Moyer, C.J., would grant the amended motion for immediate expedited
consideration and issue an order accelerating the record transmission and briefing
schedule.
Resnick and O'Donnell, JJ., not participating.

2006-0934. Poss v. Morris.
Ashtabula App. No. 2004-A-0093, 2006-Ohio-1441. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. Upon
consideration of appellant's motion for stay of lower court's decision and
imposition of sentence,
IT IS ORDERED by the court that the motion is denied.

DISCIPLINARY CASES

2006-0124. Disciplinary Counsel v. Frazier.
This cause is pending before the court on the report and recommendation of the
Board of Commissioners on Grievances and Discipline. On May 9, 2006,
respondent filed letters of recommendation with the court. Whereas the document
does not consist of a list of citations to additional authorities as permitted by
S.Ct.Prac.R. IX(7) and is not otherwise permitted under the Rules of Practice as a
filing after completion of merit briefing,
It is ordered by the court, sua sponte, that the document is stricken.

2006-0395. Akron Bar Assn. v. Holder.
This matter is pending before the court on the final report of the Board of
Commissioners on Grievances and Discipline recommending discipline of
respondent. This court issued an order to show cause in this matter on March 16,
2006. On April 17, 2006, respondent filed objections. On April 27, 2006, relator
filed a motion to strike evidence not in the record or in the alternative for leave to
supplement the record to respond to such evidence. Upon consideration thereof,
IT IS ORDERED by this court that relator’s motion to strike evidence not in
the record is granted.
Resnick, J., would grant leave to supplement the record to respond to such
evidence.

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. It
has now come to the Supreme Court’s attention that the following attorneys were
deceased prior to December 1, 2005. Upon consideration thereof,
IT IS ORDERED by the court that the suspension entered against the following
attorneys be and hereby is vacated:
Name Attorney Reg. No. City and State
Charles Joseph Acker 44423 South Euclid, OH
James C. Baggott 53255 Dayton, OH
Thomas Adrian Carpenter 44408 Tiffin, OH
Lisa Anne Clifford 74185 Cleveland, OH
Constantine Gianuglou 12590 Dayton, OH
Francis X. McCarthy 49989 Cincinnati, OH
Paul Michael McKosky 32567 Lake Havasu City, AZ
Thomas Owen Miller 22943 Columbus, OH
Richard Gordon Ranke 51561 Cleveland Heights, OH
Gordon Strauss 54450 Cincinnati, OH
Robert Norton Zanville 56735 Toledo, OH

In re Report of the Commission on
Continuing Legal Education.
Jeffrey Alan Perlmuter
(#0043115)
Respondent.
Case No. CLE-05-43115
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 25, 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 May 26, 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, Jeffrey Alan Perlmuter, is hereby reinstated to the practice
of law.

Later

Marriage Amendment v. Domestic Violence Statute

2006-05-31T09:29:00.000-04:00

Parsed from an article on the Gongwer Ohio Report:

For the second time this month, an appeals court in Lima has ruled that Ohio's domestic violence law is unconstitutional under terms of a Defense of Marriage Amendment voters approved in 2004. The 2-1 decision from the 3^rd Ohio District Court of Appeals is the latest in a series of similar cases from around the state, one of which already is beginning to move through the Ohio Supreme Court for resolution. The Justices voted 5-2 in April to accept an appeal from Warren County in which the 12^th Ohio District Court of Appeals upheld the domestic violence law. The appellate panel in that case overturned a trial judge who ruled the law was unconstitutional as applied to an unmarried individual. (For the Supreme Court of Ohio docket sheet, go to the Clerk's page and search for case number 2006-0151)

In dispute is the effect of an amendment to the Ohio Constitution that defines marriage as the union of one man and one woman. It also bars the state from creating or recognizing a legal status for relationships of unmarried individuals that intends to approximate the design of marriage.

Five state appellate courts, including those covering Cuyahoga and Franklin counties, that have considered challenges to the domestic violence law have found it constitutional notwithstanding the marriage amendment.

District appellate courts in Dayton and Lima, however, have ruled the domestic violence statute unconstitutional as a result of the amendment. There are 12 appellate districts statewide.

In the latest case from the 3^rd District, the panel reversed the domestic violence conviction of David Shaffer in Union County that involved his live-in girlfriend. The charge was elevated to a felony of the third degree due to the defendant's two previous convictions in Virginia for assault and battery against a family member.

Defense attorneys argued on appeal that the domestic violence law was in part unconstitutional because it defines a "family or household member" as being a "person living as a spouse" in violation of the marriage validity amendment.

As it did just over a week ago in a similar case, the appellate majority found the domestic violence law unconstitutional when applied to individuals in Mr. Shaffer's position.

Later

5/31/2006 - Supreme Court of Ohio Case Announcements

2006-05-31T09:06:00.000-04:00

MERIT DECISIONS WITH OPINIONS

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2626.
Dispositions of currently pending appeals based on the decision in State v. Mathis,
109 Ohio St.3d 54, 2006-Ohio-855, 846 N.E.2d 1. 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. Mathis.

2003-1429. State v. Tenace, 2006-Ohio-2417.
Lucas App. No. L-00-1002, 2003-Ohio-3458. Judgment affirmed in part and
reversed in part, and cause remanded.
Moyer, C.J., Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur.
Resnick, O'Connor and O'Donnell, JJ., concur in part and dissent in part.

Criminal law — Aggravated murder — R.C. 2929.04(B)(7) “other factors” —
Death penalty reversed.

2004-1101. Estate of Cowling v. Estate of Cowling, 2006-Ohio-2418.
Lorain App. Nos. 01CA007944 and 03CA008226, 2004-Ohio-2665. Judgment
reversed and trial court's order modified.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., concurs in judgment only.

Joint and survivorship accounts — Presumption of equal ownership
rebuttable by evidence of individual net contributions — Constructive
trusts — Tracing of property over which constructive trust is
imposed — Burdens of proof.

2004-1293. Smith v. Smith, 2006-Ohio-2419.
Hancock App. No. 5-03-12, 157 Ohio App. 778, 2004-Ohio-3553. Judgment
affirmed.
Moyer, C.J., Resnick, Pfeifer and O'Connor, JJ., concur.
Lundberg Stratton, O'Donnell and Lanzinger, JJ., dissent.

Domestic relations — Child-support arrearages — R.C. 3111.13(F)(3)(a)
violates Section 28, Article II of Ohio Constitution when applied to
judgment ordering payment of child-support arrearage that existed prior
to the statute’s amendment.

2005-0304. Castle Aviation, Inc. v. Wilkins, 2006-Ohio-2420.
Board of Tax Appeals, No. 2003-M-146. Decision affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.

Sales and use tax — Exception for purchases by public utility —
Air carrier’s claim to be public utility rejected.

2005-0702 and 2005-0734. Doe v. Archdiocese of Cincinnati, 2006-Ohio-2625.
Shelby App. No. 17-04-10, 2005-Ohio-960. Judgment reversed and cause
dismissed.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
French, J., concurs in part and dissents in part.
Whitmore and Pfeifer, JJ., dissent.
Beth Whitmore, J., of the Ninth Appellate District, sitting for Resnick, J.
Judith L. French, J., of the Tenth Appellate District, sitting for Lanzinger, J.

Statute of limitations — Sexual abuse of minors — A minor who is the
victim of sexual abuse has two years from the date he or she reaches the
age of majority to assert any claims against the employer of the perpetrator
arising from the sexual abuse when at the time of the abuse, the victim
knows the identity of the perpetrator, the employer of the perpetrator,
and that a battery has occurred. (Doe v. First United Methodist Church (1994),
68 Ohio St.3d 531, 629 N.E.2d 402, followed.)

2005-0851. State ex rel. Coffman v. Indus. Comm., 2006-Ohio-2421.
Franklin App. No. 04AP-303, 2005-Ohio-1519. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Workers’ compensation — Violation of specific safety requirement —
Ohio Adm.Code 4121:1-5-23(A) — Isolation from voltage source —
Unilateral-negligence doctrine inapplicable.

2005-2053. Lake Cty. Bar Assn. v. Ryan, 2006-Ohio-2422.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-019. Patrick T. Ryan, Attorney Registration No. 0022478, is suspended
from the practice of law in Ohio for two years, with one year stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys at law — Misconduct — Conduct involving fraud, deceit,
dishonesty, or misrepresentation — Neglect of an entrusted legal matter —
Failure to carry out contract of employment — Failure to cooperate in
disciplinary investigation — Failure to maintain records of and account
for client funds — Failure to promptly return client funds — Failure to
preserve client funds in a separate, identifiable account — Two-year
suspension partially stayed on conditions.

2005-2356. Cincinnati Bar Assn. v. Washington, 2006-Ohio-2423.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-025. David Samuel Washington Jr., Attorney Registration No. 0055406, is
suspended from the practice of law in Ohio for two years, with 18 months stayed
on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys — Misconduct — Engaging in conduct involving fraud,
deceit, dishonesty, or misrepresentation — Charging excessive fees —
Failing to maintain separate account — Two-year suspension, with
18 months stayed on conditions.

2005-2393. Cleveland Bar Assn. v. James, 2006-Ohio-2424.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-007. Ronald Dennis James, Attorney Registration No. 0041120, is
suspended from the practice of law in Ohio for one year.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Attorneys — Misconduct — Failure to cooperate in a disciplinary
investigation — One-year suspension.

MISCELLANEOUS ORDERS

2006-0357. Cleveland Bar Assn. v. Woods.
On Objections to Order of the Board on the Unauthorized Practice of Law. Sua
sponte, cause dismissed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

Later

Department of Taxation Issues Release Regarding Employment Services

2006-05-31T06:29:00.000-04:00

The Ohio Department of Taxation has issued an updated information release regarding the taxable service of employment service. The release, titled ST 1993-08, "Employment Service," supersedes previous releases on this topic issued in September, 1993; October, 1993; and December, 2000.
This latest release clarifies the law as to what constitutes an employment service and provides as well interpretations of the law since 1993 by the Ohio Board of Tax Appeals and the Ohio Supreme Court. It spells out the legal definition of employment service and also defines the sale and the selling of the provision of this service. A multitude of examples are provided to further understanding of the law.

Later

5/30/2006 - Supreme Court of Ohio Case Announcements

2006-05-30T09:58:00.000-04:00

DISCIPLINARY CASES

2005-2109. In re Resignation of Zaremsky.
On affidavit of resignation from the practice of law of Michael
Lee Zaremsky, Attorney Registration No. 0038372, and on report
filed under seal by Disciplinary Counsel.
Resignation accepted with disciplinary action pending.

MEDIATION REFERRALS

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):
2006-0652. Meijer Stores Ltd. Partnership v. Defiance Cty.
Bd. of Revision. Board of Tax Appeals, No. 2003-T-2035.

Later

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

2006-05-26T10:01:00.000-04:00

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

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

2006-05-25T10:01:00.000-04:00

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

Ding Dong the TEL is Dead

2006-05-24T09:54:00.000-04:00

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

2006-05-24T09:37:00.000-04:00

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

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

2006-05-23T09:22:00.000-04:00

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

2005 Edition of Ohio Courts Summary Released

2006-05-22T11:08:00.000-04:00

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

2006-05-22T09:24:00.000-04:00

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

2006-05-22T09:20:00.000-04:00

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

2006-05-22T06:43:00.000-04:00

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

5/19/2006 - Supreme Court of Ohio Case Announcements

2006-05-19T09:41:00.000-04:00

MERIT DECISIONS WITHOUT OPINIONS

2006-0521. Norfolk S. Ry. Co. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-297-RR-FED. On motion to dismiss. Motion
to dismiss granted. Cause dismissed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Donnell and Lanzinger, JJ.,
concur.
Pfeifer and O'Connor, JJ., dissent.

MOTION AND PROCEDURAL RULINGS

2006-0945. State ex rel. Plain Dealer Publishing Co. v. Floyd.
In Mandamus and Prohibition. This cause originated in this court on the filing of a
complaint for a writ of mandamus and prohibition. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that an alternative writ be 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 of
the date of this entry; relator shall file its brief within 10 days after the filing of
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.
Pfeifer, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS

2006-0111. State v. Lamarr.
Logan App. No. 8-04-39, 2005-Ohio-6030. Reported at 109 Ohio St.3d 1419,
2006-Ohio-1978, 846 N.E.2d 530. On motion for reconsideration. Motion denied.
2006-0378. State ex rel. McCray v. West.
Hamilton App. No. C-050955. Reported at 109 Ohio St.3d 1448, 2006-Ohio-
2158, ___ N.E.2d ___. On motion for reconsideration. Motion denied.

5/18/2006 - Supreme Court of Ohio Case Announcements

2006-05-18T09:39:00.000-04:00

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 response instanter to the notice of failure of
payment filed by appellee Seaway Food Town, Inc. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is granted.

2006-0568. State v. Taylor.
Montgomery App. No. 20649. This cause is pending before the court on the
certification of a conflict by the Court of Appeals for Montgomery County. It
appearing to the court that appellant is without counsel,
IT IS ORDERED by the court that Charles M. Miller of Cincinnati, Ohio, is
appointed to represent appellant on a pro bono basis.
2006-0788. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 05-276-EL-AIR. This cause is pending before
this court as an appeal from the Public Utilities Commission. Upon consideration
of the motion of The Dayton Power and Light Company for leave to intervene as
an appellee,
IT IS ORDERED by the court that the motion is granted.

2006-0829. Ohio Partners for Affordable Energy v. Pub. Util. Comm.
Public Utilities Commission, No. 05-792-EL-ATA. This cause is pending before
this court as an appeal from the Public Utilities Commission. Upon consideration
of the motion of The Dayton Power and Light Company for leave to intervene as
an appellee,
IT IS ORDERED by the court that the motion is granted.

DISCIPLINARY CASES

2005-0748. Disciplinary Counsel v. Carpino.
This cause came on for further consideration upon the filing by counsel for
respondent of a motion to reconsider imposition of costs. Upon consideration
thereof,
IT IS ORDERED by this court that the motion is granted and board costs in
this matter are hereby waived.

2006-0375. Disciplinary Counsel v. Walkden.
On Certified Order of the Supreme Court of Florida, No. SC04-1555. John
Walkden, Attorney Registration No. 0055041, is suspended from the practice of
law in Ohio for one year and placed on probation for three years.

2006-0433. Disciplinary Counsel v. Bonecutter.
On Certified Order of the Supreme Court of South Carolina. Dane Bonecutter,
Attorney Registration No. 0037237, is suspended from the practice of law in Ohio
until further order of the court.

2006-0693. In re Resignation of Powers.
On affidavit of resignation from the practice of law of Dallas Paul Powers,
Attorney Registration No. 0001551, and on report filed under seal by Disciplinary
Counsel.
Resignation accepted with disciplinary action pending.

Later

5/17/2006 - Supreme Court of Ohio Decisions

2006-05-17T10:24:00.000-04:00

Wednesday, May 17, 2006

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2394.
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.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2394.pdf

2004-1735. Sharonville v. Am. Employers Ins. Co., 2006-Ohio-2180.
Hamilton App. No. C-030905, 158 Ohio App.3d 576, 2004-Ohio-4664. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs in judgment only.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2180.pdf
Summary: Insurer Must Defend Law Enforcement Liability Claim If Alleged Conduct ‘Could’ Be Covered

2005-0245. Reading v. Pub. Util. Comm., 2006-Ohio-2181.
Public Utilities Commission, No. 02-589-RR-UNC. Order affirmed.
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-2181.pdf
Summary: PUCO Authority to Close Railroad Crossings Does Not Violate City’s ‘Home Rule’ Powers

2005-1061. In re Guardianship of Peck, 2006-Ohio-2182.
Lake App. No. 2003-L-175, 2005-Ohio-2072. Sua sponte, cause dismissed as having been improvidently accepted.
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-2182.pdf

2005-1384. State ex rel. Lakeview Local School Dist. Bd. of Edn. v. Trumbull Cty. Bd. of Commrs., 2006-Ohio-2183.
In Mandamus. Writ denied.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Pfeifer and O'Donnell, JJ., dissent and would grant the writ.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2183.pdf

2005-1462. In re K.K., 2006-Ohio-2184.
Summit App. No. 22352, 2005-Ohio-3112. 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-2184.pdf

2005-2142. In re D.P., 2006-Ohio-2185.
Franklin App. Nos. 05AP-117 and 05AP-118, 2005-Ohio-5097. 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-2185.pdf

2005-2392. Toledo Bar Assn. v. Vild, 2006-Ohio-2186.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-010. Jeffrey Thomas Vild, Attorney Registration No. 0029535, 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-2186.pdf
Summary: Toledo Attorney Disbarred

Later

5/16/2006 - Supreme Court Case Announcements and Administrative Actions

2006-05-16T10:48:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2006-0173. State v. Parks.
Carroll App. No. 04CA803, 2005-Ohio-6926. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. On February 8, 2006,
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).

2006-0174. State v. Parks.
Columbiana App. No. 04 CO 19, 2005-Ohio-6926. This cause is pending before
the court as a discretionary appeal and claimed appeal of right. On February 8,
2006, 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).

2006-0290. Jokic v. State Auto. Mut. Ins. Co.
Lake App. No. 2004-L-135, 2005-Ohio-7044. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. On February 10, 2006,
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).

MISCELLANEOUS ORDERS

The Supreme Court of Ohio has issued orders imposing sanctions upon various
attorneys and judges for noncompliance with the provisions of various Gov.Bar
and Gov.Jud. Rules. The texts of the entries can be found here, along with lists of the
attorneys and judges who were sanctioned. The lists include each attorney’s or
judge’s Attorney Registration Number; the county and state of residence and the
county and state of the attorney’s or judge’s employer, as last registered with
the Attorney Registration Section; and the amount of the sanction fee imposed
by the Supreme Court.

Later

U.S. Supreme Court Rules That Ohio Corporate Tax Breaks are OK

2006-05-15T13:47:00.000-04:00

Story from Bloomberg.com.
"The justices, voting unanimously, today said a group of Ohio and
Michigan taxpayers and businesses lacked the legal right to challenge
the Ohio credit. The decision overturned a federal appeals court that
said the state credit illegally discriminated against Ohio corporate
taxpayers that invested in other states."

Here is a link to the full text of the decision.

Later

5/15/2006 - Supreme Court of Ohio Case Announcements

2006-05-15T09:17:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2005-0266. State v. Moore.
Cuyahoga App. No. 83703, 2004-Ohio-6303. This cause is pending before the
court as an appeal from the Court of Appeals for Cuyahoga County.
IT IS ORDERED by the court, sua sponte, that this case is no longer held
for the decisions in 2004-1171, State v. Mathis, Cuyahoga App. No. 83311,
2004-Ohio-2982, and 2004-1267, State v. Fair, Cuyahoga App. No. 82278,
2004-Ohio-2971.
IT IS FURTHER ORDERED that this case now be held for the decision in
2005-1692, State v. Evans, 2005-Ohio-3847. The briefing schedule remains
stayed.

2005-0338. State v. Bezak.
Cuyahoga App. No. 84008, 2004-Ohio-6623. This cause is pending before the
court as an appeal from the Court of Appeals for Cuyahoga County.
IT IS ORDERED by the court, sua sponte, that this case is no longer held
for the decisions in 2004-1171, State v. Mathis, Cuyahoga App. No. 83311,
2004-Ohio-2982, and 2004-1267, State v. Fair, Cuyahoga App. No. 82278,
2004-Ohio-2971. The Clerk shall issue an order for the transmittal of the record
from the Court of Appeals for Cuyahoga County, and the parties shall brief this
case on Proposition of Law No. I in accordance with the Rules of Practice of the
Supreme Court of Ohio.

2005-0785. State v. Cloud.
Columbiana App. No. 01 CO 64, 2005-Ohio-1331. This cause is pending before
the court as an appeal from the Court of Appeals for Columbiana County.
IT IS ORDERED by the court, sua sponte, that this case is no longer held
for the decisions in 2004-1171, State v. Mathis, Cuyahoga App. No. 83311,
2004-Ohio-2982, and 2004-1267, State v. Fair, Cuyahoga App. No. 82278,
2004-Ohio-2971.
IT IS FURTHER ORDERED that this case now be held for the decision in
2005-0338, State v. Bezak, Cuyahoga App. No. 84008, 2004-Ohio-6623. The
briefing schedule remains stayed.

2005-2364. State v. Perez.
Clark C.P. No. 03CR1010. This cause is pending before the court as a death
penalty appeal from the Clark County Court of Common Pleas. Upon
consideration of appellant's motion for an extension of time to transmit the
record,
IT IS ORDERED that the motion is granted, in part, and the time for
transmitting the record is hereby extended to June 19, 2006.

DISCIPLINARY CASES

2005-2341. Disciplinary Counsel v. Mogul.
On December 14, 2005, relator, Disciplinary Counsel, filed a motion for an
order to show cause why respondent, Michael Lott Mogul, should not be held in
contempt. On January 30, 2006, this court granted the motion to the extent that
respondent was ordered to show cause by filing a written response why he should
not be found in contempt. Respondent filed a written response to the show cause
order. On March 27, 2006, this court ordered respondent to appear before the court
on May 9, 2006. Respondent did not appear. Upon consideration thereof,
IT IS ORDERED AND ADJUDGED by this court that respondent, Michael
Lott Mogul, Attorney Registration No. 0003688, last known business address in
Youngstown, Ohio, be suspended from the practice of law unless and until he
purges himself of contempt by complying with the order of the Board of
Commissioners on Grievances and Discipline to submit to a mental health
examination.
IT IS FURTHER ORDERED that the respondent immediately cease and
desist from the practice of law in any form and is hereby forbidden to appear on
behalf of another before any court, judge, commission, board, administrative
agency or other public authority.
IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel
or advise or prepare legal instruments for others or in any manner perform such
services.
IT IS FURTHER ORDERED that respondent is hereby divested of each, any
and all of the rights privileges and prerogatives customarily accorded to a member
in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G),
respondent shall complete one credit hour of continuing legal education for each
month, or portion of a month, of the suspension. As part of the total credit hours of
continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to professional conduct required by
Gov.Bar R. X(3)(A)(1) for each six months, or portion of six months, of the
suspension.
IT IS FURTHER ORDERED, sua sponte, by the court that, within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded against the respondent by the Clients' Security Fund pursuant to Gov.Bar
R. VIII(7)(F). It is further ordered, sua sponte, by the court that if, after the date of
this order, the Clients' Security Fund awards any amount against the respondent
pursuant to Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to
the Clients' Security Fund within 90 days of the notice of such award.
IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent files a written application with the
Clerk of this court requesting that he be purged of contempt and reinstated to the
practice of law and respondent complies with the requirements for reinstatement
set forth in the Supreme Court Rules for the Government of the Bar; (2) respondent
complies with the Supreme Court Rules for the Government of the Bar of Ohio; (3)
respondent complies with this and all other orders of the court; (4) relator files
evidence with the Clerk of this court demonstrating that respondent has complied
with the orders of the Board of Commissioners on Grievances and Discipline; and
(5) this court orders respondent be purged of contempt and reinstated to the
practice of law.
IT IS FURTHER ORDERED that on or before 30 days from the date of this
order, respondent shall:
1. Notify all clients being represented in pending matters and any cocounsel
of respondent's suspension and consequent disqualification to act as
an attorney after the effective date of this order and, in the absence of cocounsel,
also notify the clients to seek legal service elsewhere, calling
attention to any urgency in seeking the substitution of another attorney in
respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients
being represented in pending matters any papers or other property pertaining
to the client, or notify the clients or co-counsel, if any, of a suitable time and
place where the papers or other property may be obtained, calling attention
to any urgency for obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in the
possession or control of respondent;
4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties, of respondent's disqualification to act as an
attorney after the effective date of this order, and file a notice of
disqualification of respondent with the court or agency before which the
litigation is pending for inclusion in the respective file or files;
5. Send all notices required by this order by certified mail with a return
address where communications may thereafter be directed to respondent;
6. File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing
proof of service of notices required herein, and setting forth the address
where the respondent may receive communications; and
7. Retain and maintain a record of the various steps taken by respondent
pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made
on respondent by sending this order, and all other orders in this case, by certified
mail to the most recent address respondent has given to the Attorney Registration
Section.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

MISCELLANEOUS DISMISSALS

2005-2131. State ex rel. Holland v. Gen. Motors Corp.
Franklin App. No. 05AP-49, 2005-Ohio-5649. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. 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.
2005-2437. Charles v. Mabe.
Franklin App. No. 05AP-410, 2005-Ohio-6106. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. 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.

2006-0701. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 05-732-EL-MER. This cause is pending
before the court as an appeal from the Public Utilities Commission of Ohio.
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.

Later

5/11/2006 - Supreme Court of Ohio Case Announcements

2006-05-11T11:05:00.000-04:00

DISCIPLINARY CASES

2005-0398. Disciplinary Counsel v. Watson.
On December 7, 2005, this court indefinitely suspended respondent,
Michael Troy Watson, Attorney Registration No. 0029023, last known
business address in Cleveland, Ohio. On April 3, 2006, relator,
Disciplinary Counsel, filed a motion for order to show cause why
respondent should not be held in contempt for failing to obey this
court's order of December 7, 2005. Upon consideration thereof,
IT IS ORDERED by this court that the motion be and hereby is
granted to the extent that respondent show cause by filing a
written response with the Clerk of this court on or before 20 days
from the date of this order why respondent should not be held in
contempt.
IT IS FURTHER ORDERED, sua sponte, that all documents filed
with this court in this case shall meet the filing requirements set
forth in the Rules of Practice of the Supreme Court of Ohio,
including requirements as to form, number, and timeliness of filings.

2006-0485. In re Resignation of Taylor.
On affidavit of resignation from the practice of law of Kenneth
Michael Taylor, Attorney Registration No. 0022325, and on
eport filed under seal by Disciplinary Counsel.
Resignation accepted with disciplinary action pending.

MISCELLANEOUS DISMISSALS

2006-0258. State v. Alexander.
Cuyahoga App. No. 85688, 2005-Ohio-5200. 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 28, 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 be is dismissed sua sponte.

2006-0691. State Farm Mut. Auto. Ins. Co. v. Reid.
Cuyahoga App. No. 87718. 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 1, 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.

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. It has now come
to the Supreme Court’s attention that the following attorneys were
deceased prior to December 1, 2005. Upon consideration thereof,
IT IS ORDERED by the court that the suspension entered against the
following attorneys be and hereby is vacated:

Name Attorney Reg. No. City and State

Dennis John Buckley 30863 Cincinnati, OH
Nicholas William Catri 44482 Huron, OH
Edward Ackley Cole 44784
Fred Milton Cole 44786 Springfield, OH
Frederick George Ferguson 45960 Elyria, OH
Clarence Carodon Fowerbaugh 46159 Cleveland, OH
Joseph C. Frederick 46218 Cleveland, OH
John Devin Gilchrist Jr. 46487 Cleveland Hts, OH
Robert Grant Gilchrist 46488 Cleveland Hts, OH
Kathryn Rita Heidt 15373 Pittsburgh, PA
John Richard James 25847 Akron, OH
Robert Amos Kapp 48649 East Liverpool, OH
Richard Franklin Liggett 49480 Marysville, OH
Wade H. McIntosh 50119 Dayton, OH
Arthur M. O'Connell 50888 Cincinnati, OH
Andrew Pasko 41754 Mogadore, OH
James Hugh Rice 15337 Oklahoma City, OK
Harold David Shall 8172 Largo, FL
Philip Douglas Shepherd 39573 Midland, MI
Henry Walter Stark 15997 Cleveland, OH
Kingsley Arter Taft 54557 Cleveland Hts, OH
Frederick Reinhold Tourkow 28556 Ft. Wayne, IN
Joseph Alexander Ujhelyi 54886 Lorain, OH
Herman Lansing Vail 63069 Cleveland, OH
Harry Francis Walsh 55066 Hamilton, OH
Jack Edgar Zagrans 56731 Elyria, OH

MEDIATION REFERRALS

The following case has been referred to mediation
pursuant to S.Ct.Prac.R. XIV(6):
2006-0787. State ex rel. Spears v. Indus. Comm.
Franklin App. No. 05AP-96, 2006-Ohio-1654.

Later

5/10/2006 - Supreme Court of Ohio Decisions

2006-05-10T10:33:00.000-04:00

Wednesday, May 10, 2006

2005-0074. Davenport v. Montgomery Cty., 2006-Ohio-2034.
Montgomery App. No. 20350, 2004-Ohio-6781. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2034.pdf
Summary: Right to Convert Sick Leave to Cash Applies Only When Public Employee Eligible to Retire

2005-0247. Smith v. Conley, 2006-Ohio-2035.
Stark App. No. 2004CA00068, 2004-Ohio-7057. Judgment reversed.
Moyer, C.J., Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Lundberg Stratton, J., dissents.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2035.pdf
Summary: Local Court Rule Does Not Determine End of Lawyer/Client Relationship in Malpractice Claim

2005-0733. State ex rel. Erieview Metal Treating Co. v. Indus. Comm., 2006-Ohio-2036.
Franklin App. No. 04AP-447, 2005-Ohio-1154. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2036.pdf

2005-1170. Cuyahoga Cty. Bar Assn. v. Ballou, 2006-Ohio-2037.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-053. Scott H. Ballou, Attorney Registration No. 0025669, is publicly reprimanded.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Lanzinger, JJ., concur.
Lundberg Stratton, J., dissents.
O'Donnell, J., not participating.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2037.pdf

2005-2036. Cincinnati Bar Assn. v. Blankemeyer, 2006-Ohio-2038.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-014. Thomas F. Blankemeyer, Attorney Registration No. 0071812, is permanently disbarred from the practice of law in Ohio.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, J., dissents and would indefinitely suspend respondent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2038.pdf
Summary: Court Disbars Former Cincinnati Attorney

2005-2045. Richland Cty. Bar Assn. v. Bourdeau, 2006-Ohio-2039.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-067. Julia M. Bourdeau, Attorney Registration No. 0071697, 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-2039.pdf

Later

Supreme Court of Ohio Opinion Searches Now "Powered By Google"

2006-05-09T15:35:00.000-04:00

The Supreme Court of Ohio now offers a way to search its opinion archive (1992 - present) that promises to be a big improvement over the current system that is used on the Reporter of Decisions page. To access, scroll down to the bottom of the Court's home page and click on "Search." Use the drop-down menu to choose "opinions." An advanced search is also available. Here is a direct link to the search page.

Supreme Court Report Outlines Pro Se and Indigent Litigant Recommendations

2006-05-05T11:28:00.000-04:00

On May 3rd, The Supreme Court Task Force on Pro Se and Indigent Litigants released its report and recommendations.

The 25-member task force was appointed by Chief Justice Thomas J. Moyer in May 2004 and is composed of judges, lawyers, county commissioners, representatives from legal aid societies and a pro se litigant. The committee studies the general experience of defendants who are “pro se” (without an attorney), pro bono representation and how to better fund organizations that assist indigent clients, such as legal aid societies and public defenders' offices.

Among the task force's recommendations:

A recommendation that a rule be adopted that requires Ohio attorneys to report their participation in pro bono activities

A recommendation that rules be adopted allowing for limited representation by Ohio attorneys

A recommendation that standardized forms be developed for pro se litigants

A recommendation that the Ohio Public Defender Commission, which is currently part of the executive branch, be an independent entity within the judicial branch

Several recommendations for alternative funding sources for both public defense and civil legal aid.

The task force's recommendations will now be considered for adoption by the Supreme Court. The Court's decision will be released later this year.

The Report is available for download.

Later

Chief Justice Calls on Attorneys to Defend Courts

2006-05-05T11:26:00.000-04:00

Citing recent attacks on the courts and the rise of attempted political influence in judicial elections and appointments, Chief Justice Thomas J. Moyer of the Supreme Court of Ohio called on attorneys to support public education efforts and stand up in defense of a strong and impartial judiciary. Moyer made the remarks in his annual address to members of the Ohio State Bar Association (OSBA) on Thursday at the 126^th Annual OSBA Convention in Akron. The complete text of his remarks is available for download.

Later

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

2006-05-05T11:22:00.000-04:00

DISCIPLINARY CASES

2004-1811. Disciplinary Counsel v. Johnson.
On application for reinstatement of Christine Ann Johnson, Attorney Registration
No. 0070595. Application granted and respondent reinstated to the practice of law
in Ohio.

2005-0365. Disciplinary Counsel v. Freeman.
On application for reinstatement of Thomas Herbert Freeman, Attorney
Registration No. 0007852. Application granted and respondent reinstated to the
practice of law in Ohio.

MISCELLANEOUS ORDERS

In re Report of the Commission
On Continuing Legal Education.
Michael Emerson Mears
(#0005456)
Respondent.
E N T R Y
CLE-1993-5456
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "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 1991-1992 reporting period.
On May 9, 1994, pursuant to Gov.Bar R. X(6)(B)(3), this court entered an
order adopting the commission's recommendation related to the 1991-1992
reporting period, suspending the respondent from the practice of law, and imposing
a fee sanction upon the respondent.
On April 5, 2006, the commission filed a motion to modify sanction,
requesting that the order of May 9, 1994, pertaining to the above-named
respondent, be modified to order a monetary sanction only. Upon consideration
thereof,
IT IS ORDERED by the court that the motion to modify sanction is granted.
IT IS FURTHER ORDERED by the court that the entry of May 9, 1994, is
modified as follows: respondent's suspension from the practice of law is vacated
and the monetary sanction of $750.00 remains.

In re Report of the Commission on
Continuing Legal Education.
Frances Lynne Sheard
(#0030445)
Respondent.
Case No. CLE-03-30445
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 2001-2002 reporting period.
On December 5, 2003, 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 21, 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 May 1, 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, Frances Lynne Sheard, is hereby reinstated to the practice
of law.

In re Report of the Commission
On Continuing Legal Education.
Frankie Donnell Hoskey
(#0048213),
Respondent.
E N T R Y
CLE-2004-48213
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "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 2002-2003 reporting period.
On April 8, 2005, pursuant to Gov.Bar R. X(6)(B)(3), this court entered an
order adopting the commission's recommendation related to the 2002-2003
reporting period, suspending the respondent from the practice of law and imposing
a fee sanction upon the respondent.
On April 5, 2006, the commission filed a motion to modify sanction,
requesting that the order of April 8, 2005, pertaining to the above-named
respondent, be modified to order a monetary sanction only. Upon consideration
thereof,
IT IS ORDERED by the court that the motion to modify sanction is granted.
IT IS FURTHER ORDERED by the court that the entry of April 8, 2005, is
modified as follows: respondent's suspension from the practice of law is vacated
and the monetary sanction of $750.00 remains.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2006-0492. Dayton-Montgomery Cty. Port Auth. v. Montgomery Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2004-A-1227.

Later

5/3/2006 - Supreme Court of Ohio Decisions

2006-05-04T08:58:00.000-04:00

Wednesday, May 3, 2006

In re Ohio Criminal Sentencing Statutes Cases, 2006-Ohio-2109.
Dispositions of currently pending appeals and certified conflicts entered, 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.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2109.pdf

Criminal law — Felonies — Sentencing — Disposition of cases accepted and held for the decision in State v. Foster.

2004-1993, 2005-0118, and 2005-0766. Ohio Consumers' Counsel v. Pub. Util. Comm., 2006-Ohio-2110.
Public Utilities Commission, No. 03-2144-EL-ATA. Decision affirmed in part and reversed in part, and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
O'Connor and Lanzinger, JJ., concur in part and dissent in part.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-2110.pdf
Summary: FirstEnergy Electric Rate 'Stabilization Plan' Remanded to PUCO

Public utilities — Electric company — Competitive electric service — R.C. Chapter 4928 — Decision of Public Utilities Commission reversed — Public Utilities Commission acted without authority when it approved a rate-stabilization plan that did not require that the electric company also offer customers electric service a rate determined by competitive bid.

2005-0193 and 2005-0415. Hedges v. Nationwide Mut. Ins. Co., 2006-Ohio-1926.
Franklin App. No. 04AP-423, 2004-Ohio-6723. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1926.pdf
Summary: Former Insurance Statute Allowed Auto Policies to Limit UM/UIM Coverage to Injured Insureds

The interpretation of R.C. 3937.18(A) in Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 723 N.E.2d 97, applies only to the 1994 S.B. 20 version of the statute. Thus, Moore does not apply to the version of R.C. 3937.18(A) as amended by 1997 H.B. 261.

2005-0546. State ex rel. Cincinnati, Inc. v. Lowe, 2006-Ohio-1927.
Franklin App. No. 04AP-241, 2005-Ohio-516. 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-1927.pdf

2005-1322. State ex rel. DaimlerChrysler Corp. v. Bilbao, 2006-Ohio-1928.
Franklin App. No. 04AP-861, 2005-Ohio-2802. 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-1928.pdf

2005-1615. Cleveland Bar Assn. v. Dadisman, 2006-Ohio-1929.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-52. Michael F. Dadisman, Attorney Registration No. 0040997, 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-1929.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

2005-1938. Columbus Bar Assn. v. Thomas, 2006-Ohio-1930.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 05-01. William Thomas is enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty is imposed.
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-1930.pdf

2005-1939. Trumbull Cty. Bar Assn. v. Legal Aid State Servs., Inc., 2006-Ohio-1931.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-06. Legal Aid State Services, Inc. is enjoined from conduct that constitutes the unauthorized practice of law.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs separately.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1931.pdf

2005-1947. Cuyahoga Cty. Bar Assn. v. King, 2006-Ohio-1932.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-041. Michael Leonard King, Attorney Registration No. 0031364, is indefinitely suspended from the practice of law in Ohio, and the suspension will run consecutively to the indefinite suspension imposed on August 17, 2005.
Moyer, C.J., Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer and Lundberg Stratton, JJ., would impose an indefinite suspension to run concurrently with the indefinite suspension imposed on August 17, 2005.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1932.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

2005-2021. Cuyahoga Cty. Bar Assn. v. Britt, 2006-Ohio-1933.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-001. Stephen Britt, Attorney Registration No. 0042076, is suspended from the practice of law in Ohio for six months, stayed on condition.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., would publicly reprimand respondent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1933.pdf

2005-2182. Harris v. Anderson , 2006-Ohio-1934.
Lorain App. No. 04CA008587. 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-1934.pdf

2005-2333. Cuyahoga Cty. Bar Assn. v. Garfield , 2006-Ohio-1935.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-046. Robert Earl Garfield, Attorney Registration No. 0001873, is suspended from the practice of law in Ohio for 18 months, beginning March 28, 2005.
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-1935.pdf
Summary: Court Disbars Cleveland Attorney, Suspends Two

Later

5/2/2006 - Supreme Court of Ohio Case Announcements

2006-05-02T09:05:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2005-1228. O'Connor v. Cleveland Clinic Found.
Cuyahoga App. No. 84219, 161 Ohio App.3d 43, 2005-Ohio-2328.
This cause is pending before the court as an appeal from the Court
of Appeals for Cuyahoga County. Upon consideration of appellee's
motion for a continuance of oral argument,
IT IS ORDERED by the court that the motion is denied.

2005-1659. State v. Eash.
Champaign App. No. 03-CA-34, 2005-Ohio-3749. This cause is
pending before the court as an appeal from the Court of Appeals
for Champaign County. Upon consideration of the joint motion of
appellant and amicus curiae Ohio Attorney General for divided
oral argument time,
IT IS ORDERED by the court that the motion is granted, and
the amicus curiae shall share the time allotted to appellant.

2005-2143. Sycamore Community School Dist. Bd. of Edn. v.
Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2003-T-2131. 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 motion is granted and
this cause is remanded to the Board of Tax Appeals to implement
the settlement agreement of the parties.

MISCELLANEOUS DISMISSALS

2006-0378. State ex rel. McCray v. West.
Hamilton App. No. C-050955. This cause is pending before the court
as an appeal from the Court of Appeals for Hamilton County. It appears
from the records of this court that appellant has not filed a merit brief,
due April 27, 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.

Later

64% of First-Time Bar Takers Pass February Exam

2006-05-01T09:08:00.000-04:00

Results of the February 2006 bar examination were released last Friday. Out of 545 applicants, 351 (64 percent) received passing scores; out of 245 first time applicants, 76 percent received passing scores. Names and addresses of successful applicants can be found here.

Later

5/1/2006 - Supreme Court of Ohio Case Announcements

2006-05-01T09:04:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2006-0237. State ex rel. Strzala v. Gallagher.
In Prohibition. This cause originated in this court on the filing
of a complaint for a writ of prohibition. Upon consideration of
relator's motion for leave of court to file declaratory judgment,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2006-0348. State ex rel. Poissant v. Sheets.
Ross App. No. 05CA2882. This cause is pending before the
court as an appeal from the Court of Appeals for Ross County.
It appears from the records of this court that appellant has not
filed a merit brief, due April 20, 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.

2006-0498. State Farm Mut. Auto v. Reid.
Cuyahoga App. No. 87729. 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 3, 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.

2006-0502. State v. Moore.
Cuyahoga App. No. 85828, 2006-Ohio-277. This cause is pending
before the court as an appeal and cross-appeal from the Court of
Appeals for Cuyahoga County. Upon consideration of
appellant/cross-appellee's application for dismissal,
IT IS ORDERED by the court that the application for dismissal
is granted. Accordingly, the appeal is dismissed.
IT IS FURTHER ORDERED by the court that the cross-appeal
remains pending.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant
to S.Ct.Prac.R. XIV(6)(E):
2006-0268. Seven Seventeen HB Philadelphia No. 2 v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2002-A-1925.

Later

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

2006-04-28T09:59:00.000-04:00

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

2006-04-28T09:05:00.000-04:00

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

4/26/2006 - Supreme Court of Ohio Decisions

2006-04-26T09:52:00.000-04:00

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

6th Circuit Refuses to Review Ten Commandments Decision

2006-04-25T09:13:00.000-04:00

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

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

2006-04-24T09:22:00.000-04:00

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

4/20/2006 - Supreme Court of Ohio Case Announcements

2006-04-20T09:10:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2005-1966. In re A. B., J. B., T. B., and C.B.
Summit App. No. 22659, 2005-Ohio-4936. This cause is pending
before the court on the certification of a conflict involving parental
rights or adoption from the Court of Appeals for Summit County.
Upon consideration of the joint motion of amicus curiae Justice for
Children Project and appellee Charles Brown for divided argument time,
IT IS ORDERED by the court that the motion is granted, and the amicus
curiae shall share the time allotted to appellee

2006-0628. State v. Williams.
Trumbull App. No. 2004-T-0136, 2006-Ohio-617. This cause is
pending before the court as a death penalty postconviction case.
Upon consideration of appellant's motion for stay of the court of
appeals' judgment,
IT IS ORDERED by the court that the motion is denied.

2006-0645. State v. Ice.
Columbiana App. No. 05CO72, 2006-Ohio-1470. This cause is
pending before the court as a discretionary appeal and a claimed
appeal of right. Upon consideration of appellant's motion for stay
of the court of appeals' judgment,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2006-0164. State v. Marshall.
Pickaway App. No. 05CA21, 2005-Ohio-7106. 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.

Later

4/19/2006 - Supreme Court of Ohio Decisions

2006-04-19T10:02:00.000-04:00

Wednesday, April 19, 2006

2004-1186. State v. Olson, 2006-Ohio-1704.
Stark App. No. 2003CA00371, 2004-Ohio-2965. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1704.pdf

2004-1187. State v. Glosser, 2006-Ohio-1705.
Stark App. No. 2003CA00374, 2004-Ohio-2966. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1705.pdf

2004-1188 and 2004-1688. State v. Cantwell, 2006-Ohio-1706.
Stark App. No. 2003CA00367, 2004-Ohio-2964. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1706.pdf

2004-1239. Coleman v. Dogra, 2006-Ohio-1707.
Cuyahoga App. No. 83522, 157 Ohio App.3d 530, 2004-Ohio-3109. Judgment affirmed.
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-1707.pdf

2004-1274 and 2004-1689. State v. Massey, 2006-Ohio-1708.
Stark App. No. 2003CA00373, 2004-Ohio-3257. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1708.pdf

2004-1275 and 2004-1697. State v. Owens, 2006-Ohio-1709.
Stark App. No. 2003CA00370, 2004-Ohio-3262. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1709.pdf

2004-1320 and 2004-1699. State v. Williams, 2006-Ohio-1710.
Stark App. No. 2003CA00369, 2004-Ohio-3525. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1710.pdf

2004-1324 and 2004-1692. State v. Carter, 2006-Ohio-1711.
Stark App. No. 2003CA00372, 2004-Ohio-3523. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1711.pdf

2005-0272. Fowee v. Wesley Hall, Inc., 2006-Ohio-1712.
Hamilton App. No. C-040188, 2004-Ohio-7002. Judgment reversed.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, and Lanzinger, JJ., concur.
Resnick and O'Donnell, JJ., concur in judgment only.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1712.pdf
Summary: ‘Saving Statute’ Time Limit Applies in Employer’s Appeal of Workers’ Compensation Award

2005-0311. State Auto. Mut. Ins. Co. v. Titanium Metals Corp., 2006-Ohio-1713.
Cuyahoga App. No. 83540, 159 Ohio App.3d 338, 2004-Ohio-6618. Judgment vacated and cause remanded. 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-1713.pdf

2005-0428. State v. Durham , 2006-Ohio-1714.
Cuyahoga App. No. 84132, 2005-Ohio-202. Sua sponte, cause dismissed as having been improvidently accepted. 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-1714.pdf

2005-2029. Columbus Bar Assn. v. Harris, 2006-Ohio-1715.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-075. Cynthia June Harris, Attorney Registration No. 0059755, 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-1715.pdf
Summary: Court Indefinitely Suspends Columbus Attorney

Later

Supreme Court of Ohio Announces that E-Filing Standards are Available for Comment

2006-04-19T06:23:00.000-04:00

The Supreme Court of Ohio's Advisory Committee on Technology and the Courts has announced that the Electronic Filing Work Group of the Standards Subcommittee has released a draft of their proposed e-filing standards for comment. Comments will be accepted on the document through June 30, 2006.

Instructions for Commenting on the Proposed E-Filing Standards (PDF)

Proposed E-Filing Standards Draft (PDF)

Later

New Opinions from the Board of Commissioners on Grievances and Discipline

2006-04-18T10:02:00.000-04:00

OPINION 2006-3
Issued April 7, 2006

SYLLABUS: A probate judge may teach a six hour course on the topic of adult protective services at a training program for employees of county departments of job and family services, provided the activity does not interfere with the performance of judicial duties, but the probate judge should not accept compensation. Compensation for such activity is prohibited under both the Ohio Code of Judicial Conduct and Ohio Ethics Law. Compensation to the probate judge from the state department of job and family services does not uphold the integrity, independence, and impartiality of the judiciary as required under Canons 1 and 2 of the Ohio Code of Judicial Conduct and would be an honorarium, improper compensation, and an unlawful interest in a public contract under Ohio Ethics Law. Prospective application of this opinion is recommended.

OPINION 2006-4
Issued April 7, 2006

SYLLABUS: In announcing the opening of a law practice, an attorney may send an announcement card and a biography to members of the bar, business entities, and others. If the attorney wishes to announce the opening of a law practice by sending a personalized letter and a biography to fellow members of the bar, the letter is not subject to the requirements for direct mail solicitation in DR 2-101(F)(2). But, if an attorney wishes to announce the opening of a law practice by sending a personalized letter and a biography to business entities or others that might need legal services in the areas of law in which the attorney will practice, the letter is subject to the requirements for direct mail solicitation in DR 2-101(F)(2).

Later

4/18/2006 - Supreme Court of Ohio Case Announcements

2006-04-18T09:05:00.000-04:00

MOTION AND PROCEDURAL RULINGS

2005-0945. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, Nos. 03-2341-EL-ATA,
03-2405-EL-CSS, and 04-85-EL-CSS. This cause is pending
before the court as an appeal from the Public Utilities Commission.
Upon consideration of appellant's motion to consolidate this
case with 2006-0646, Ohio Consumers' Counsel v. Pub. Util.
Comm., Public Utilities Commission, No. 05-792-EL-ATA,
or purposes of oral argument and opinion,
IT IS ORDERED by the court that the motion 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. Upon consideration of appellant's motion to consolidate
2005-1621, Ohio Consumers' Counsel v. Pub. Util. Comm., Public
Utilities Commission, No. 04-1931-EL-AAM, 2005-1679, Ohio
Consumers' Counsel v. Pub. Util. Comm., Public Utilities Commission,
No. 04-1645-EL-AAM, 2006-0536, Ohio Consumers' Counsel v.
Pub. Util. Comm., Public Utilities Commission, No. 05-844-EL-ATA,
and 2006-0600, Ohio Consumers' Counsel v. Pub. Util. Comm.,
Public Utilities Commission, No. 04-1932-EL-ATA,
IT IS ORDERED by the court that the motion is denied.

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. Upon consideration of appellant's motion to consolidate
2005-1621, Ohio Consumers' Counsel v. Pub. Util. Comm., Public
Utilities Commission, No. 04-1931-EL-AAM, 2005-1679,
Ohio Consumers' Counsel v. Pub. Util. Comm., Public Utilities
Commission, No. 04-1645-EL-AAM, 2006-0536, Ohio Consumers'
Counsel v. Pub. Util. Comm., Public Utilities Commission,
No. 05-844-EL-ATA, and 2006-0600, Ohio Consumers' Counsel
v. Pub. Util. Comm., Public Utilities Commission, No. 04-1932-EL-ATA,
IT IS ORDERED by the court that the motion is denied.

2006-0536. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 05-844-EL-ATA. This cause
is pending before the court as an appeal from the Public Utilities
Commission. Upon consideration of appellant's motion to consolidate
2005-1621, Ohio Consumers' Counsel v. Pub. Util. Comm., Public
Utilities Commission, No. 04-1931-EL-AAM, 2005-1679, Ohio
Consumers' Counsel v. Pub. Util. Comm., Public Utilities Commission,
No. 04-1645-EL-AAM, 2006-0536, Ohio Consumers' Counsel v.
Pub. Util. Comm., Public Utilities Commission, No. 05-844-EL-ATA,
and 2006-0600, Ohio Consumers' Counsel v. Pub. Util. Comm.,
Public Utilities Commission, No. 04-1932-EL-ATA,
IT IS ORDERED by the court that the motion is denied.
IT IS FURTHER ORDERED by the court, sua sponte, that this
cause be consolidated with 2006-0600, Ohio Consumers' Counsel v.
Pub. Util. Comm., Public Utilities Commission, No. 04-1932-EL-ATA,
and briefing is stayed.

2006-0600. Ohio Consumers' Counsel v. Pub. Util. Comm.
Public Utilities Commission, No. 04-1932-EL-ATA. This cause
is pending before the court as an appeal from the Public Utilities
Commission. Upon consideration of appellant's motion to consolidate
2005-1621, Ohio Consumers' Counsel v. Pub. Util. Comm., Public
Utilities Commission, No. 04-1931-EL-AAM, 2005-1679,
Ohio Consumers' Counsel v. Pub. Util. Comm., Public Utilities
Commission, No. 04-1645-EL-AAM, 2006-0536, Ohio Consumers'
Counsel v. Pub. Util. Comm., Public Utilities Commission,
No. 05-844-EL-ATA, and 2006-0600, Ohio Consumers' Counsel
v. Pub. Util. Comm., Public Utilities Commission, No. 04-1932-EL-ATA,
IT IS ORDERED by the court that the motion is denied.
IT IS FURTHER ORDERED by the court, sua sponte, that this c
ause be consolidated with 2006-0536, Ohio Consumers' Counsel v.
Pub. Util. Comm., Public Utilities Commission, No. 05-844-EL-ATA,
and briefing is stayed.

2006-0646. Ohio Consumers' Counsel v. Pub. 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 appellant's motion to consolidate
this case with 2005-0945, Ohio Consumers' Counsel v. Pub. Util.
Comm., Public Utilities Commission, Nos. 03-2341-ELATA,
03-2405-EL-CSS, and 04-85-EL-CSS, for purposes of oral argument
and opinion,
IT IS ORDERED by the court that the motion is denied.
IT IS FURTHER ORDERED by the court, sua sponte, that briefing is
stayed.

Later

4/17/2006 - Supreme Court of Ohio Case Announcements

2006-04-17T09:22:00.000-04:00

MOTION AND PROCEDURAL RULINGS

1987-0327. State v. Clark.
Lucas App. No. L-84-443. This cause came on for further
consideration ofappellant's motion for stay of execution
scheduled for May 2, 2006,
IT IS ORDERED by the court that the motion is denied.

2005-1461. Ohio Govt. Risk Mgt. Plan v. Harrison.
Auglaize App. Nos. 2-04-37 and 2-04-38, 161 Ohio App.
3d 726, 2005-Ohio-3235.
This cause is pending before the court as an appeal from the
Court of Appeals forAuglaize County.
IT IS ORDERED, sua sponte, that the stay of briefing is
dissolved, and this cause is no longer held for the decision in
2004-1735, Sharonville v. Am. Employers Ins. Co., Hamilton
App. No. C-030905, 158 Ohio App.3d 576, 2004-Ohio-4664.
IT IS FURTHER ORDERED by the court that the Clerk shall
issue an order for the transmittal of the record from the Court
of Appeals for Auglaize County and that briefing shall proceed
in accordance with S.Ct.Prac.R. VI.

2005-2162. Bellman v. Am. Internatl. Group.
Lucas App. No. L-03-1301. This cause is pending before the
court as an appeal from the Court of Appeals for Lucas County.
Upon consideration of the motions to withdraw of appellees
Universal Underwriters Insurance Company and American
Family Insurance Company,
IT IS ORDERED by the court that the motions are granted.
Resnick, J., dissents.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0559. State ex rel. Basile v. Dublin Suites, Inc.
Franklin App. No. 05AP-464, 2006-Ohio-1029.

The following cases have been returned to the regular
docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2006-0052. State ex rel. Poneris v. Indus. Comm.
Franklin App. No. 05AP-111, 2005-Ohio-6208.
2006-0569. State ex rel. Kelsey-Hayes Co. v. Heinlen.
Franklin App. No. 05AP-360, 2006-Ohio-428.

Later

4/14/2006 - Supreme Court of Ohio Case Announcements

2006-04-14T09:47:00.000-04:00

DISCIPLINARY CASES

2005-2442. In re Resignation of Doan.
On affidavit of resignation from the practice of law of Burgess
Leon Doan, Attorney Registration No. 0004889, and on report
filed under seal by Disciplinary Counsel.
Resignation accepted with disciplinary action pending.

MISCELLANEOUS ORDERS

2005-1930. Cincinnati Bar Assn. v. Bailey.
This cause is pending before the court on the report of the
Board on the Unauthorized Practice of Law. On March 14, 2006,
the board filed a notice of clarification of hearing record. On
March 20, 2006, respondent filed objections to
the notice. Upon consideration thereof,
IT IS ORDERED by this court that the objections are denied.

2005-1930. Cincinnati Bar Assn. v. Bailey.
This cause is pending before the court on the report of the
Board on the Unauthorized Practice of Law. On February 8, 2006,
respondent filed a motion for Supreme Court of Ohio to take judicial
notice. Upon consideration thereof,
IT IS ORDERED by this court that the motion is denied.

In re Report of the Commission
on Continuing Legal Education
Joseph James Velisek
(0018557),
Respondent.
CLE-2005-18557
ENTRY
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "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
and judges, including the abovenamed respondent, for failure to
comply with the applicable continuing legal education provisions of
Gov.Bar R. X and Gov.Jud.R. IV, for the 2003-2004 reporting period.
On December 13, 2005, pursuant to Gov.Bar R. X(6)(B)(1), this court
issued to the respondent an order to show cause why the recommended
sanction should not be adopted by the court and an order so entered
against the respondent. It has now come to the court's attention that
the respondent is deceased.
Upon consideration thereof,
It is ordered by the court that the recommendation of a sanction
against the above-named respondent, and the related matter now
pending before the court, are hereby dismissed.

In re Report of the Commission :
on Continuing Legal Education. :
:
Eric Lance Overstreet : E N T R Y
(#0055722), :
Respondent. : CLE-05-55722
This cause originated under the enforcement proceedings of
Gov.Bar R. X, Attorney Continuing Legal Education. Respondent
has filed a reply to answers to objections filed by the Commission
on Continuing Legal Education on March 13, 2006. Whereas there
are no provisions under Gov.Bar R. X(6) for the filing of a reply,
IT IS ORDERED by the court, sua sponte, that the reply is stricken.

In re Report of the Commission
on Continuing Legal Education
George M. Newsham
(0069294),
Respondent.
CLE-2005-69294
ENTRY
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "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
and judges, including the abovenamed respondent, for failure to
comply with the applicable continuing legal education provisions of
Gov.Bar R. X and Gov.Jud.R. IV, for the 2003-2004 reporting period.
On December 13, 2005, pursuant to Gov.Bar R. X(6)(B)(1), this court
issued to the respondent an order to show cause why the recommended
sanction should not be adopted by the court and an order so entered
against the respondent. It has now come to the court's attention that
the respondent is deceased.
Upon consideration thereof,
It is ordered by the court that the recommendation of a sanction
against the above-named respondent, and the related matter now
pending before the court, are hereby dismissed.

Later

Supreme Court of Ohio Releases Decision Concerning Open Records and Executive Privilege

2006-04-13T14:39:00.000-04:00

THE STATE EX REL. DANN v. TAFT.
[Cite as State ex rel. Dann v. Taft, __ Ohio St.3d ___, 2006-Ohio-1825.]
Public records—Executive privilege—Qualified gubernatorial-communications
privilege recognized—Procedure for invoking and overcoming privilege.
(No. 2005-1222 ─ Submitted November 9, 2005 ─ Decided April 13, 2006.)
IN MANDAMUS.
__________________
SYLLABUS OF THE COURT
1. A governor of Ohio has a qualified gubernatorial-communications privilege
that protects communications to or from the governor when the
communications were made for the purpose of fostering informed and
sound gubernatorial deliberations, policymaking, and decisionmaking.
2. The qualified gubernatorial-communications privilege is overcome when a
requester demonstrates that the requester has a particularized need to
review the communications and that that need outweighs the public’s
interest in according confidentiality to communications made to or from
the governor.

Later

Ohio Courts Need More Interpreters According to Report

2006-04-13T07:24:00.000-04:00

Ohio courts need help recruiting and employing qualified interpreters , according to a report released April 7th by the Supreme Court of Ohio Interpreter Services Program.
The “Report on the Use of Interpreters in Ohio Courts” found that more than 18,465 interpretations involving 57 languages are performed annually in Ohio courtrooms. About 63 percent of interpreters do some work in the courts and the top five languages they interpret are Spanish, which makes up 81 percent of the cases involving interpretation, American Sign Language, Somali, Russian and Arabic.

For more information, click here.

Later

U.S. Supreme Court Rule Change Allows Citing to Unpublished Federal Opinions

2006-04-13T06:27:00.000-04:00

From law.com:

"The Supreme Court on Wednesday adopted a historic rule change that will allow lawyers to cite so-called unpublished opinions in federal courts starting next year. The new rule takes effect unless Congress countermands it before Dec. 1."

"Under the new rule, circuits will still be able to give varying precedential weight to unpublished opinions, but they can no longer keep lawyers from citing them -- in the same way lawyers cite rulings from other circuits or other authorities, such as law review articles."

Later

4/12/2006 - Supreme Court of Ohio Decisions

2006-04-12T14:00:00.000-04:00

Wednesday, April 12, 2006

2003-1904. State v. Ferguson , 2006-Ohio-1502.
Montgomery C.P. No. 02-CR-0353. 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-1502.pdf
Summary: Dayton Killer’s Death Sentence Affirmed

2003-1913. Community First Bank & Trust v. Dafoe, 2006-Ohio-1503.
Van Wert App. No. 15-03-04 . Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1503.pdf

2005-0132. N. Olmsted City School Dist. Bd. of Edn. v. Cleveland Mun. School Dist. Bd. of Edn., 2006-Ohio-1504.
Cuyahoga App. No. 84372, 2004-Ohio-6422. Judgment affirmed.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-1504.pdf

2005-1889. State ex rel. Grissom v. McGookey, 2006-Ohio-1506.
Erie App. No. E-05-055, 2005-Ohio-4433. 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-1506.pdf

2005-2201. State ex rel. Pamer v. Collier, 2006-Ohio-1507.
Medina App. No. 05CA0083-M. 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-1507.pdf

Later

4/11/2006 - Supreme Court of Ohio Case Announcements

2006-04-11T10:02:00.000-04:00

MOTION AND PROCEDURAL RULINGS

1987-0327. State v. Clark.
Lucas App. No. L-84-443. By entry filed March 8, 2006, this
court ordered that appellant’s sentence be carried into execution on
Tuesday, the 2nd day of May, 2006. In order to facilitate this court’s
timely consideration of any matters relating to the execution of
appellant’s sentence,
IT IS ORDERED by the court that the Chief Justice may suspend
application of any provisions of the Rules of Practice of the
Supreme Court, including, but not limited to, the filing requirements
imposed by S.Ct.Prac.R. XIV(1).
IT IS FURTHER ORDERED that service of documents as required by
S.Ct.Prac.R. XIV(2) shall be personal or by facsimile transmission.
IT IS FURTHER ORDERED by the court that counsel of record for
the parties shall supply this court with a copy of any document relating
to this matter that is filed in, or issued by, any other court in this state
or any federal court, as well as any commutation, pardon, or warrant
of reprieve issued by the Governor. A copy of the document shall be
delivered to the Office of the Clerk as soon as possible, either personally
or by facsimile transmission.

Later

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

2006-04-06T11:30:00.000-04:00

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.

Later

4/5/2006 - Supreme Court of Ohio Decisions

2006-04-05T15:57:00.000-04:00

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

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

2006-04-03T10:28:00.000-04:00

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.

Later

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

2006-03-22T09:42:00.000-05:00

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

Latest Bill Introductions from the Ohio General Assembly

2006-03-21T13:58:00.000-05:00

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

2006-03-21T09:22:00.000-05:00

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.

3/20/2006 - Supreme Court of Ohio Case Announcements

2006-03-20T12:08:00.000-05:00

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.

Latest Bill Introductions from the Ohio General Assembly

2006-03-17T09:55:00.000-05:00

SB 294 SALES TAX COLLECTIONS (Amstutz) To delay the date when vendors must convert from origin-based situsing to destination-based situsing for the purposes of determining the appropriate sales tax jurisdiction in which a sale is taxable and to eliminate the plan for delayed transition to destination-based sourcing for vendors with limited Ohio sales. Am. 5739.03, 5739.031, 5739.033, 5739.034, 5739.035, 5739.123 & 5741.02, Full Text

SB 295 ANIMAL FACILITIES (Carey) To expand the notification requirements pertaining to concentrated animal feeding facilities by requiring applicable county and township officials to be notified regarding proposals for the establishment or certain expansions of any concentrated animal feeding facilities rather than only proposals involving major concentrated animal feeding facilities. Am. 307.204 & 505.266 Full Text

SB 296 VOLUNTEER COACHES (Fedor) To require the Ohio Parks and Recreation Associatoin to develop a coach's conduct and ethics policy for volunteer coaches involved in recreational youth athletics; to make those coaches subject to a criminal records check and prohibit their use if they have been convicted of or pleaded guilty to specified offenses and to exempt recreational youth athletics organizations and entities from the criminal recors check fee requirement. Am. & En. 109.57, 109.572, 109.575, 109.576, 109.577, 121.402 & 1541.80 Full Text

HB 535 VIETNAM (McGregor, J.) To designate April 29 of each year "Heritage and Freedom Flag of the Former Republic of Vietnam Day." En. 5.2234 Full Text

HB 536 INSURANCE ASSOCIATION (Faber) To exempt the Ohio Insurance Guaranty Association from being obligated to pay more than a single three hundred thousand dollar claim for injury or death to any one person and a claim of an insured whose net worth exceeds $50 million Am. 3955.01 & 3955.12 Full Text

HB 537 SEX OFFENSES (Smith, G.) To require that a person convicted of rape when the victim is less than 13 or when the person purposely compels the victim to submit by force or threat of force be sentenced to an indefinite prison term of 25 years to life, to require that a person convicted of gross sexual imposition when the victim is less than 13 be sentenced to an indefinite prison term of 15 or 25 years to life, to require that a person so sentenced serve that term under the Sexually Violent Predator Law as if a sexually violent predator and automatically is classified a sexual predator for the SORN Law, and to permit the court to subject a person so sentenced to supervision with an active global positioning system device if released from a state correctional institution. Am. 109.42, 2743.191, 2907.02, 2907.05, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66 & 5149.10 Full Text

Public Records Law Passes Out of Ohio House

2006-03-17T09:46:00.000-05:00

HB 9, a law that will change Ohio's Public Records Law, passed the Ohio House on Wednesday by a count of 93-1 and was sent to the Senate. The bill's preamble states the law will:

...create the office of Public Access Counselor in the Court of Claims, to create a library records commission in each public library and a special taxing district records commission in each special taxing district, to allow a concealed carry licensee to prohibit the disclosure of the licensee's information to a journalist, to revise the records commissions laws, and to eliminate the provision that certain records made by a public accountant incident to an audit of a public office or private entity are not public records.

Later

3/17/2006 - Supreme Court of Ohio Case Announcements

2006-03-17T09:27:00.000-05:00

THE STATE EX REL. CINCINNATI ENQUIRER, DIVISION
OF GANNETT SATELLITE INFORMATION NETWORK,
INC., APPELLANT, v. DANIELS, INTERIM HEALTH
COMMISSIONER, ET AL., APPELLEES.
[Cite as State ex rel. Cincinnati Enquirer v. Daniels,
___ Ohio St.3d ___, 2006-Ohio-1215.]

SYLLABUS OF THE COURT
1. Lead-risk-assessment reports maintained by the Cincinnati Health Department
and lead-citation notices issued to property owners of units reported to be
the residence of children whose blood test results indicate elevated lead
levels do not contain "protected health information" as that term is defined
by the Health Insurance Portability and Accountability Act (“HIPAA”).

2. Even if the requested lead-citation notices and lead-risk-assessment reports did
contain "protected health information" as defined by the Health Insurance
Portability and Accountability Act (“HIPAA”), and even if the Cincinnati
Health Department operated as a "covered entity" pursuant to HIPAA, the
citation notices and lead-risk-assessment reports would still be subject to
disclosure under the "required by law" exception to the HIPAA privacy
rule because the Ohio Public Records Law requires disclosure of these
reports and HIPAA does not supersede state disclosure requirements.

3. A request for attorney fees made by a prevailing party in a public-records
mandamus action will be denied where the case presents a matter of first
impression because courts should not engage in the practice of punishing a
party to a lawsuit for taking a rational position on a justiciable unsettled
legal issue.

DISCIPLINARY CASES

2001-1816. Columbus Bar Assn. v. Farkas.
On February 3, 2006, respondent, Jeffrey W. Farkas, filed an application for
termination of probation. Upon consideration thereof, the court finds that
respondent has substantially complied with Gov.Bar R. V(9)(D) and with its order
dated December 26, 2003, in which the court stayed respondent’s suspension and
placed him on monitored probation for one year.
THEREFORE, IT IS ORDERED by this court that the probation of
respondent, Jeffrey W. Farkas, Attorney Registration No. 0061547, last known
address in Blacklick, Ohio, be, and hereby is, terminated.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

2004-1418. Cleveland Bar Assn. v. Herron.
On August 25, 2004, the Board of Commissioners on Grievances and Discipline
filed a final report in the office of the Clerk of this court pursuant to BCGD
Proc.Reg. 11(D), in which it accepted the agreement entered into by the relator,
Cleveland Bar Association, and the respondent, Mark P. Herron. The agreement
set forth the misconduct and the agreed, recommended sanction of a six month
suspension, stayed on conditions.
On September 24, 2004, this court, sua sponte, rejected the recommended
sanction and remanded the cause to the board for further proceedings pursuant to
Gov.Bar R. V(8)(D). Proceedings before the court were stayed until further order
of the court. On March 6, 2006, the board filed findings of fact, conclusions of
law, and order in which it found that there was no clear and convincing evidence
that respondent acted unethically, and it ordered the case dismissed. Therefore,
It is ordered by the court that case No. 2004-1418, Cleveland Bar
Association v. Herron, is dismissed.

06-110. Disciplinary Counsel v. McDaniel.
On Certified Order of the Supreme Court of Arizona, No. SB-05-0134D. Thomas
C. McDaniel, Attorney Registration No. 0056259, is suspended from the practice
of law in Ohio for six months.

MISCELLANEOUS DISMISSALS

2005-2308. State ex rel. Gidley v. Indus. Comm.
Franklin App. No. 04AP-1316, 2005-Ohio-5534. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. 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.

2006-0401. State v. Bankey.
Wood App. No. WD-05-014, 2005-Ohio-5878. 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

In re Report of the Commission on,
Continuing Legal Education.
Jefferson N. Schaffner
#0016235,
Respondent.
Case No. CLE-2005-16235
O R D E R
On November 16, 2005, the Commission on Continuing Legal
Education ("commission") filed its report recommending the
imposition of sanctions against certain attorneys for failure to
comply with the continuing legal education provisions of Gov.Bar R. X
for the 2003/2004 reporting period. On December 13, 2005, this court
issued to each respondent an order to show cause, on or before
January 12, 2006, why the commission’s recommendation should
not be adopted. On January 19, 2006, the court issued a sua sponte
order permitting the commission to consolidate its responses to the
respondents’ objections into a single answer to be filed no later than
March 13, 2006. On March 13, 2006, the commission filed its answer
and brief, which included a recommendation of dismissal of the
recommended sanction against respondent. On March 13, 2006,
respondent filed a motion requesting the court to issue order stating
respondent has shown good cause. There are no provisions under
Gov.Bar R. X for the filing of such a motion. Accordingly,
It is ordered by the court, sua sponte, that the motion is stricken.

MEDIATION REFERRALS

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

2006-0168. State ex rel. Carr v. Akron.
In Mandamus.

2006-0492. Dayton-Montgomery Cty. Port Auth. v. Montgomery
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-1227.

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):

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

Later

Latest Bill Introductions from the Ohio General Assembly

2006-03-15T09:34:00.000-05:00

HB 528 SOCIAL SECURITY NUMBERS (Fende) To specify that social security numbers are not public records and to require a public office to redact social security numbers contained within a public record and to notify the requester of public records of the redaction of information within a public record, including social security numbers, that are exempt from disclosure. Am. 149.43 Full Text

HB 529 ADOPTION/FOSTER CARE (Wagner) To revise the law governing adoption, foster care, and related laws regarding the Department of Job and Family Services. Am. 2101.11, 2151.421, 3107.014, 3107.031, 3107.032, 3107.10, 3107.12, 3107.141, 3107.61, 5103.16, and 5153.122; to amend, for the purpose of adopting a new section number as indicated in parentheses, sections 3107.031 (3107.032), 3107.032 (3107.034), and 3107.10 (3107.055); to enact new sections 3107.031 and 3107.10 and sections 3107.033, 3107.101, and 5103.0328. Full Text

HB 530 BUDGET CORRECTIONS/CAPITAL REAPPROPRIATIONS (Calvert) To make capital reappropriations for the biennium ending June 30, 2008, to make certain supplemental and capital appropriations and to provide authorization and conditions for the operation of state programs. Full Text

HB 531 SEWAGE SYSTEM RULES (Blasdel) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment System Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 & 3718.05. Full Text

HB 532 CHILD CARE STAFF (Fessler) To modify the definition of "child-care staff member." Am. 5104.01. Full Text

HB 533 VICIOUS DOG LAWS (Webster) To remove pit bulls from the definition of "vicious dog" in state law and to authorize the adoption of local ordinances or resolutions that define "dangerous dog" and "vicious dog" more broadly than state law defines those terms. Am. 955.11 & 955.221. Full Text

HB 534 RAW MILK SALES (Setzer) To revise the law governing the gift or sale of raw milk to ultimate consumers. Am. & En. 917.01, 917.02, 917.04, 917.05 & 917.25. Full Text

SJR 8 ANTI-DISCRIMINATION AMENDMENT (Miller, R.) To amend Section 2 of Article I of the Constitution of the State of Ohio to prohibit the state or any political subdivision of the state from depriving any person of life, liberty or property without due process of law or from discriminating against any person within its jurisdiction on the basis of race, color, religion, national origin, or sex. Full Text

SB 284 ELECTION DECEPTION (Miller, R.) To prohibit any person from knowingly deceiving another regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility, to provide for a criminal penalty and a private cause of action against any person who violates that prohibition, to require the Attorney General to investigate allegations of such a violation and, if necessary, take corrective measures, and to require the Attorney General to report to the General assembly after each election regarding allegations of violations relating to that election. En. 3517.25. Full Text

SB 285 WRONGFUL IMPRISONMENT (Miller, R.) To increase the amount of the judgment to be awarded a person who was imprisoned for a felony and proves that the person was a "wrongfully imprisoned individual" and to provide an additional set of circumstances in which a person qualifies as a "wrongfully imprisoned individual." Am. 117.52, 2305.02, 2743.48 & 2743.49. Full Text

SB 286 PAYDAY LOANS (Miller, R.) To prohibit check-cashing businesses from making loans to a customer who has an outstanding loan with another licensee, to create a statewide database of open loans at check-cashing licensees, and to change the permitted interest rate, fees, and duration of such loans. Am. & En. 1315.22, 1315.35, 1315.37, 1315.39, 1315.40, 1315. 41 & 1315.45. Full Text

SB 287 ADOPTION LAW (Niehaus) To revise the law governing adoption, foster care, and related laws regarding the Department of Job and Family Services. Am. & En. 2101.11, 2151.421, 3107.014, 3107.031, 3107.032, 3107.33, 3107.10, 3107.101, 3107.12, 3107.141, 3107.61, 5103.16, 5103.0328 & 5153.122. Am., for the purposes of adopting a new section number as indicated in parentheses, 3107.10 (3107.032), 3107.032 (3107.034) & 3107.10 (3107.055). Full Text

SB 288 AGRICULTURAL SOCIETY OFFICERS (Hagan, R.) Relative to the appointment and commissioning of county agricultural society police officers and to the training of those officers. Am. & En. 109.71, 109.73, 109.79, 1711.351 & 1711.352. Full Text

SB 289 SEWAGE TREATMENT RULES (Grendell) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 & 3718.05. Full Text

SB 290 JAIL TERMS (Schuring) To authorize a definite jail term of not more than one year for petty theft if the offender, within five years of the offense, previously has been convicted of two or more offenses of theft. Am. 2913.02 Full Text

SB 291 AFRICAN AMERICAN HISTORY (Miller, R.) To establish the Amistad Commission to promote education on the history of the African slave trade, slavery, and the contributions of African Americans. Am. & En. 3313.60, 3314.03, 3301.80, 3301.81 & 3301.83 Full Text

SB 292 CONCEALED WEAPONS (Miller, R.) To permit political subdivisions to prohibit the carrying of concealed handguns in any park, swimming pool, sports field, or other outdoor premises or property owned, leased or otherwise under the control of the political subdivision. Am. 2923.122, 2923.124, 2923.126 & 2923.1212 Full Text

SB 293 SEWAGE SYSTEMS (Amstutz) To revise the requirements governing sewage treatment systems rules that the Public Health Council must adopt and to require the Director of Health to adopt rules developed with the Sewage Treatment System Advisory Committee that establish standards and guidelines for approving a sewage treatment system or components of a system. Am. 3718.02 to 3718.05 Full Text

3/15/2006 - Supreme Court of Ohio Case Announcements

2006-03-15T09:26:00.000-05:00

Wednesday, March 15, 2006

2004-0574. Henderson v. Lawyers Title Ins. Corp., 2006-Ohio-906.
Cuyahoga App. No. 82654, 2004-Ohio-744. Judgment affirmed, and cause remanded for further proceedings.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Edwards, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Julie A. Edwards, J., of the Fifth Appellate District, sitting for O'Donnell, J.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-906.pdf
Summary: Title Policy Delivered After Closing is Binding, Presumed to Offer ‘Usual and Customary’ Terms

2004-1279 and 2004-1696. State v. Threatt, 2006-Ohio-905.
Stark App. No. 2003CA00368, 2004-Ohio-3216. Judgment reversed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., dissents for the reasons stated in his separate opinion in State v. White , 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-905.pdf
Summary: State May Use Garnishment, Other Methods to Collect Court Costs from Indigent Offender

2004-2108. Disciplinary Counsel v. Kafele, 2006-Ohio-904.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 03-09. Ajamu M. Kafele is enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty is imposed.
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-904.pdf

2005-0612. State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 2006-Ohio-903.
In Mandamus. Writ denied.
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-903.pdf
Summary: Medical Research Files Exempt From Disclosure Under Exception to Public Records Act

2005-1116. State ex rel. Ganu v. Willow Brook Christian Communities, 2006-Ohio-907.
Franklin App. No. 04AP-331, 2005-Ohio-2296. 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-907.pdf

Blackwell Agrees to Remove SSNs from Online Financial Documents

2006-03-14T10:34:00.000-05:00

Ohio Secretary of State Ken Blckwell has agreed to remove Social Security numbers from financial documents posted on his agency's Web site and to take steps to prevent the numbers from being posted there in the future. He also agreed in a hearing before U.S. District Judge Michael Watson in Cincinnati to remove the numbers from any documents posted in the future. The settlement resolves a class-action lawsuit filed Thursday by a southwest Ohio truck driver whose Social Security number appeared on Blackwell's Web site without his knowledge.

Story was picked up from the Coshocton Tribune.

Later

3/14/2006 - Supreme Court of Ohio Case Announcements

2006-03-14T10:02:00.000-05:00

MOTION AND PROCEDURAL RULINGS

2006-0046. Satullo v. Wilkins.
Board of Tax Appeals, No. 2003-M-2115. This cause is pending
before this court as an appeal from the Board of Tax Appeals.
Upon consideration of appellants' motion for leave to file a
surreply to appellee's reply to the response to the showcause order,
IT IS ORDERED by the court that the motion is denied.

MISCELLANEOUS DISMISSALS

2005-0570. State v. Kapsouris.
Mahoning App. No. 02 CA 230, 2005-Ohio-4476. This cause is
pending before the court as an appeal from the Court of Appeals
for Mahoning County. 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

2006-0357. Cleveland Bar Assn. v. Woods.
On March 10, 2006, Brian J. Woods filed a document titled
"Motion to Dismiss Motion to Show Cause due to Lack of Jurisdiction."
The document is, in substance, an untimely response to the Motion
for Order to Show Cause filed by the Cleveland Bar Association on
February 21, 2006. Whereas Sup.Ct.Prac.R. XIV(1)(C) prohibits
untimely filings, It is ordered by the court, sua sponte, that the
document is stricken.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0447. State ex rel. Westhoven v. Yost.
Franklin App. No. 05AP-179, 2006-Ohio-211.

The following case has been returned to the regular docket
pursuant to S.Ct.Prac.R. XIV(6)(E):
2005-2133. State ex rel. Englemon v. Queen City Barrel Co.
Franklin App. No. 05AP-46, 2005-Ohio-5651.

Later

Supreme Court of Ohio Board Awards More than $370,000 to Victims of Attorney Theft

2006-03-14T06:44:00.000-05:00

The Board of Commissioners of the Clients' Security Fund of Ohio (CSF) awarded $371,297 to 30 victims of attorney theft at its meeting on Friday, March 10, 2006. Fourteen former or suspended Ohio attorneys were found to have misappropriated client funds.

Later

3/10/2006 - Supreme Court of Ohio Case Announcements

2006-03-10T10:42:00.000-05:00

THE STATE EX REL. KUHAR v. MEDINA COUNTY BOARD
OF ELECTIONS.
[Cite as State ex rel. Kuhar v. Medina Cty. Bd. of Elections,
___ Ohio St.3d ___, 2006-Ohio-1079.]
Mandamus — Elections — Constitutionality of R.C. 1901.31 —
Challenging constitutionality of legislation through mandamus
is generally prohibited — Mandamus claim is manifestly a claim
for prohibitory injunction and declaratory judgment — Court lacks
jurisdiction — Cause dismissed.
(No. 2006-0328 ─ Submitted March 6, 2006 ─ Decided March 10, 2006.)
IN MANDAMUS.

MISCELLANEOUS DISMISSALS

2006-0386. State ex rel. Koncelik v. Hastings.
In Prohibition. This cause originated in this court on the filing
of a complaint for a writ of prohibition. Upon consideration of the
joint application for dismissal,
IT IS ORDERED by the court that the application for dismissal
is granted.
Accordingly, this cause is dismissed.

MEDIATION REFERRALS

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

2006-0445. RX Bedford Investors, LLC v. Cuyahoga Cty. Bd.
of Revision. Board of Tax Appeals, No. 2002-R-2564.

2006-0448. RX Bedford Investors, LLC v. Cuyahoga Cty. Bd.
of Revision. Board of Tax Appeals, No. 2002-R-2509.

2006-0456. Charter Steel-Cleveland, Inc. v. Cuyahoga Cty. Bd.
of Revision. Board of Tax Appeals, No. 2004-V-538.

Later

3/9/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

2006-03-09T09:26:00.000-05:00

MOTION AND PROCEDURAL RULINGS

2000-1030. Ohio Hosp. Assn. v. Armstrong World Industries, Inc.
Cuyahoga App. No. 76067. This cause is pending before the court as an appeal
from the Court of Appeals for Cuyahoga County. On April 13, 2001, this court
stayed further proceedings in this case and ordered appellee to file a notice with
this court upon the termination of the automatic stay under the Bankruptcy Code.
IT IS ORDERED by the court, sua sponte, that appellee W.R. Grace & Son
& Co.-Conn. file a notice advising this court of the status of the bankruptcy case
within 15 days of the date of this entry.

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 before the court as an appeal from the Court of Appeals for Lucas County.
Upon consideration of appellant's motion for an extension of time to transmit the
record,
IT IS ORDERED by the court that the motion is granted, and the time for
transmitting the record is extended to March 28, 2006.

DISCIPLINARY CASES

1998-0713. Disciplinary Counsel v. Atkin.
On January 13, 1999, this court permanently disbarred respondent, Sanford I.
Atkin. On February 16, 2006, respondent filed a motion to vacate and motion to
proceed in forma pauperis. On consideration thereof,
It is ordered by this court that the motions are denied.

MISCELLANEOUS DISMISSALS

2005-2303. State v. Arter.
Lorain App. No. 05CA008817. 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

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, have complied with the
requirements of Gov.Bar. R. VI(1), have 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
January 23, 2006
0067854 Loren Elizabeth Bendall Chesterland, OH Inactive
0065902 James Morris Dhondt Thomaston, CT Inactive
0064660 Alison B. Forche Pickerington, OH Inactive
0069221 Kaprice Lynch Harris Cleveland, OH Inactive
0030514 Steven Douglas Jones Beachwood, OH Active
0075763 Karen Lee Kaske Fayetteville, NC Inactive
0000774 James Coulter King Lima, OH Active
0071049 Janine Faye Kossen Cincinnati, OH Inactive
0067472 Richard Joseph Morelli Kitchener, Canada Inactive
0038451 Laura K. Nyquist Dayton, OH Corporate
0059407 Mary Elizabeth Stanley Independence, OH Active
0063034 Daniel Scott Sullivan Anchorage, AK Inactive
0068578 Steven William Wrone Chicago, IL Inactive
January 25, 2006
0001020 John Oliver Bacon Sandusky, OH Active
0059814 Karen D. Bailey The Woodlands, TX Active
0066184 Charles Byron Barry Lakeville, MN Inactive
0039890 Katherine R. Bruenderman Newport, KY Active
0029982 Edith Ellen Cloyd Nashville, TN Inactive
0039488 Francis J. Conte Dayton, OH Inactive
0022508 Paul Conner Donohue McLean, VA Inactive
0018892 Ralph Philip Higgins Bay Village, OH Retired
0075867 Lisa Lorraine Johnson Warren, OH Active
0067864 Corali Lopez-Castro Coral Gables, FL Inactive
0040722 Paul Steven Luiki Vienna, Austria Inactive
0067486 Carrie Menikoff Portland, OR Inactive
0021345 Cindy Virginia Peters Shaker Heights, OH Active
0063722 Alan Scott Ritchie Brunswick, OH Active
0076862 Gregory Scott Smith San Francisco, CA Active
0002510 Harold Bartlett Talbott Columbus, OH Retired
0062783 Joe Washington San Jose, CA Active
0068589 Daniel Forrest Wheeler San Francisco, CA Inactive
February 2, 2006
0073479 James Douglas Armstrong Cincinnati, OH Active
0026608 Jeffrey Thomas Brown Falls Church, VA Active
0006401 Dexter Wayne Clark Cleveland, OH Active
0029070 Dennis Roger Cooper Alto, MI Inactive
0067899 Charles David DeBenedetti Warsaw, Inactive
0067204 Giovanni Frank Di Censo New York, NY Active
0043698 Thomas Erik Gilbertsen Arlington, VA Inactive
0068872 Theresa Nagle Gongora Tempe, AZ Inactive
0027013 Robert Louis Handler Pacific Palisades, CA Inactive
0019606 Thomas Richard Heferle Petersburg, MI Inactive
0055863 Geoffrey McGregor Jones Fullerton, CA Inactive
0008265 Sanford Kelson Conneaut Lake, PA Inactive
0032121 Steven Francis Luby Charleston, WV Inactive
0070217 Beryl Zenaida MacLachlan Batavia, IL Inactive
0064318 Andrea Maria Muto Washington, DC Inactive
0056042 Karie Eileen Peterson Canton, MI Inactive
0036978 Karen Kazel Poulos Glen Ellyn, IL Inactive
0062295 Kimberly L. Schneiberg Shaker Heights, OH Active
0066231 David James Wright Stow, OH Active
February 3, 2006
0065600 Russell Paul Backus North Royalton, OH Active
0053624 Leonard Everett Birdsong Orlando, FL Inactive
0067986 Mark Allen French Xenia, OH Inactive
0065613 Candace Campbell Jackson Akron, OH Active
0040944 Ebenhaezer Johannes Lubbe White Plains, NY Active
0024039 Leslie James Martin Lake Havasu City, AZ Inactive
0062578 David Eric Rogers Phoenix, AZ Inactive
0055726 Sonja Carol Rowan Cleveland, OH Active
February 10, 2006
0034365 Daniel Aaron Austin Slippery Rock, PA Active
0064653 Roslyn Ann Chao Princeton, NJ Inactive
0072420 Erin Elizabeth Chatham-Applegate Littleton, CO Inactive
0063847 Deana Marie Daniels Springboro, OH Inactive
0056231 Kathleen Anne Dieckman Plainfield, IL Inactive
0006798 Edward Farrell Feighan Columbus, OH Active
0038825 Amy Lipton Foti Orange Village, OH Inactive
0055439 Jacqueline Sue Gradisar Sherwood Forest, MD Inactive
0069114 Jill Therese Grant Stow, OH Active
0026805 Raymond William Green Arlington Hts., IL Active
0064427 Stacey Lynne Griffiths West Palm Beach, FL Inactive
0046388 Stephen Paul Kearney Duxbury, MA Inactive
0064051 Wendy Marie Kelley Rocky River, OH Inactive
0007280 Albert Wade Laisy Fallston, MD Retired
0014682 Donna Kay Leonard Cincinnati, OH Inactive
0017705 Loren Loving-Vail Columbus, OH Inactive
0040793 Gregory Donald May Columbus, OH Inactive
0067526 Anne Ebie Minor Atlantic Beach, FL Inactive
0050953 Victor Onufrieff Las Vegas, NV Active
0072238 Nora Lynn Phillips Birmingham, AL Inactive
0002459 Tamar Gela Rubinstein Evanston, IL Inactive
0078661 Matthew Alfred Smith Columbus, OH Active
February 13, 2006
0071538 Adam Richard Beringer North Richland Hills, TX Inactive
0070609 Amy Lynn Carson Lakewood, OH Active
0075853 Lauren Elizabeth Davidson Chagrin Falls, OH Inactive
0017019 John Leslie Kraus Mars, PA Inactive
0033184 Victoria Anne Reardon Grosse Pointe, MI Inactive
0071793 Steven Earl Zigan Canal Winchester, OH Active
February 17, 2006
0053182 Morton Henry Aronson Atlanta, GA Retired
0056056 Kenneth Alexander Godlewski Washington, DC Inactive
0026728 Elliott Herschel Goldstein Chicago, IL Retired
0008686 Jonathon Thomas Goodwin San Manuel, AZ Active
0062840 Miltina Ann Hicks-Gavia Indianapolis, IN Inactive
0015495 Stephanie Tubbs Jones Cleveland, OH Inactive
0050826 Richard William Noble Weatherby Lake, MO Inactive
0039255 Mark Allen Prosise Canton, OH Active
0009059 Ann Lynn Ratcliff Troy, OH Active
0039706 Larry Edwin Ray Washington, DC Inactive
0030668 Gay Lynn Rice Ashland, MA Inactive
0064617 Lisa Marie Simmons Tallmadge, OH Active
0038319 Kevin Xavier Smith Toledo, OH Active
0000587 Steve Peter Stanos Youngstown, OH Inactive
February 21, 2006
0023767 Gersham Goldstein Lake Oswego, OR Inactive
February 24, 2006
0061994 Jill Cathleen Boland Pepper Pike, OH Inactive
0043560 Kathryn Young Connors Shaker Heights, OH Inactive
0074348 Benjamin Stuart Friedman Cincinnati, OH Active
0049051 Nancy K. Johnson Houston, TX Inactive
0037777 Gary Alan Jones Skillman, NJ Active
0037596 Mark Anthony Krochka Volant, PA Inactive
0036914 Thomas Albert McWatters, III Wauseon, OH Inactive
0018459 Deborah Thebert Peeler Lebanon, OH Inactive
0032649 Mark Ira Peroff Short Hills, NJ Inactive
0055789 Donald Ray Rench, Jr. Bellevue, WA Inactive
0026155 Carl Edmund Schuster Green Valley, AZ Inactive
0073411 Robert Bernal Scott Toledo, OH Active
0014241 Jane Therese Seelie The Woodlands, TX Inactive
0056177 Kimberly Teresa Van Sickler Willoughby Hills, OH Active
March 1, 2006
0011094 Thomas Joseph Brown Victorville, CA Inactive
0010877 Terence James Clark Santa Monica, CA Active
0005948 Frederick Benjamin Davis Memphis, TN Retired
0024300 Carol Joanne Koletsky Pepper Pike, OH Inactive
0018304 Gary Joseph Pizzedaz Columbus, OH Active
0063587 David Daniel Reese, Jr. Lakewood, OH Active
0052334 William Lee Rothschild Atlanta, GA Inactive
0069118 Eric Maurice Seabrook Columbus, OH Inactive
0030222 John Leis Staley Poway, CA Inactive
March 3, 2006
0076604 Thomas Delbert Carpenter, Jr. Sanford, FL Inactive
0040499 Mary Kathleen Farchione University Hts., OH Inactive
0063025 James Jerome Palecek Scottsdale, AZ Inactive
0040802 Edward Anthony Zumbiel Union, KY Inactive

Later

Motion Described as "Incomprehensible"

2006-03-08T11:57:00.000-05:00

A story making its way around the blogosphere concerns a denial of a motion by a pro se litigant because it was "incomprehensible."

An order entered by Judge Lief Clark of the US Bankruptcy Court for the Western District of Texas:

Before the court is a motion entitled “Defendant’s Motion to Discharge Response to Plaintiff’s Response to Defendant’s Response Opposing Objection to Discharge.” As background, this adversary was commenced on December 14, 2005 with the filing of the plaintiff’s complaint objecting to the debtor’s discharge. Defendant answered the complaint on January 12, 2006. Plaintiff responded to the Defendant’s answer on January 26, 2006. On February 3, 2006, Defendant filed the above entitled motion. The court cannot determine the substance, if any, of the Defendant’s legal argument, nor can the court even ascertain the relief that the Defendant is requesting. The Defendant’s motion is accordingly denied for being incomprehensible. ¹

¹ Or, in the words of the competition judge to Adam Sandler’s title character in the movie, “Billy Madison,” after Billy Madison had responded to a question with an answer that sounded superficially reasonable but lacked any substance,

Mr. Madison, what you've just said is one of the most insanely idiotic things I've ever heard. At no point in your rambling, incoherent response was there anything that could even be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.
Later
Thanks goes to ProfessorBainbridge for the tip

3/8/2006 - Supreme Court of Ohio Case Announcements

2006-03-08T10:16:00.000-05:00

Wednesday, March 8, 2006

2003-0647. State v. Conway , 2006-Ohio-791.
Franklin C.P. No. 02CR-1153. Judgment affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in part and dissents in part.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-791.pdf
Summary: Court Affirms Conway Conviction, Death Sentence

2004-1594. M. Conley Co. v. Anderson , 2006-Ohio-792.
Stark App. No. 2003CA00386, 2004-Ohio-4216. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, O'Connor and Lanzinger, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur separately.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-792.pdf
Summary: Court Affirms that Permanently Replaced Strikers Are Eligible For State Unemployment Benefits

2005-1154. Muskingum Cty. Certified Grievance Commt. v. Greenberger, 2006-Ohio-790.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-105. Bruce L. Greenberger, Attorney Registration No. 0023820, is suspended from the practice of law in Ohio for two years, with six months stayed on conditions.
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-790.pdf
Summary: Court Suspends Mason Attorney

Later

Ohio General Assembly Latest Bill Introductions

2006-03-07T09:48:00.000-05:00

SB 277 ALLEN STATUE (Jacobson) To create the National Statuary Collection Study Committee to recommend an individual to replace Governor William Allen as one of Ohio's representatives in the National Statuary Collection in the United States Capitol Full Text

SB 278 CONSUMER SALES PRACTICES (Stivers) To limit the liability under the Consumer Sales Practices Act of a supplier that makes a cure offer. Am. & En. 1345.09 & 1345.091 Full Text

SB 279 INSURANCE PAYMENTS (Stivers) To exempt the Ohio Insurance Guaranty Association from being obligated to pay more than a single $300,000 claim for injury or death to any one person and a claim of an insured whose net worth exceeds $50 million. Am. 3955.01 & 3955.12 Full Text

SB 280 MILITARY LICENSE PLATES (Schuring) To authorize the display of combat battle stars on certain special combat or military license plates. En. 4503.433 Full Text

SB 281 LAW ENFORCEMENT TRAINING (Stivers) To mandate up to 24 hours a year of continuing professional training for peace officers and state highway patrol troopers and to establish the method by which the Attorney General reimburses the training costs. Am, En. & Rep. 109.761, 109.802 & 109.803 Full Text

HB 524 PHARMACIST IMMUNIZATIONS (Martin) To modify the authority of pharmacists to administer immunizations. Am. 4729.01 & 4729.41 Full Text

HB 525 MEDICAL COMMUNICATOR BOARD (McGregor, J.) To create the State Medical Communicator Board to license assistance operators of medical alert services. En. 4765.80 to 4765.89 Full Text

Later

3/7/2006 - Supreme Court of Ohio Case Announcements

2006-03-07T09:41:00.000-05:00

MOTION AND PROCEDURAL RULINGS

2005-2436. State v. Trimble.
Portage C.P. No. 2005CR0022. This cause is pending before
the court as a death penalty appeal from the Court of Common
Pleas for Portage County. Upon consideration of appellant's
motion for an extension of time to transmit the record,
IT IS ORDERED by the court that the motion is granted, and
the time for transmitting the record is extended to May 1, 2006.

DISCIPLINARY CASES

1998-2661. Toledo Bar Assn. v. Hayes.
On application for reinstatement of William F. Hayes,
Attorney Registration No. 0023905. Application granted
and respondent reinstated to the practice of law in Ohio.

2005-0818. Stark Cty. Bar Assn. v. Marosan.
Board of Commissioners on Grievances and Discipline, Nos.
04-044 and 04-049. On order to show cause. The stay
of the suspension of respondent, Joseph E. Marosan, Attorney
Registration No. 0025849, is lifted, and respondent is suspended
from the practice of law in Ohio for two years.

Later

US Supreme Court Case re: Military Recruiters

2006-03-06T10:38:00.000-05:00

As promised, here is the syllabus with links to HTML and PDF versions of the opinion.

Later

U.S. Supreme Court Rules that Colleges Receiving Federal Money Must Allow Military Recruiters on Campus

2006-03-06T10:20:00.000-05:00

In a case that may have some bearing on how business is done on some of Ohio's college campuses, the United States Supreme Court has come down on the side of the government in the case of federal monies and military recruiters. I don't have a link to the case yet, but just received word via a news alert. More will follow.

Later

3/6/2006 - Supreme Court of Ohio Case Announcements

2006-03-06T10:09:00.000-05:00

PORTAGE COUNTY BOARD OF COMMISSIONERS, APPELLEES
AND CROSSAPPELLANT, ET AL., v. CITY OF AKRON ET AL.,
APPELLANT AND CROSSAPPELLEE; CITY OF RAVENNA, APPELLEE.

No. 2004-0783 — Submitted March 9, 2005 — Decided March 6, 2006

Riparian rights—Municipal water supplies—Dam owner’s duty to
release water to downstream users —Statute purporting to grant
exclusive rights to river water—Prohibition of public recreational
use of city-owned reservoir.

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 for
relief from the court's December 30, 2005, January 26, 2006,
and February 27, 2006 entries. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2005-1698. Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of
Adm. Servs. Franklin App. No. 03AP-1194, 162 Ohio App.3d 491,
2005-Ohio-3810. This case is pending before the court as an
appeal from the Franklin County Court of Appeals. Upon
consideration of appellant's motion to exceed page limitation in its
merit brief,
IT IS ORDERED by the court that the motion is denied.

2006-0023. Cousino v. Stewart.
Fulton App. No. F-05-011 and F-05-004, 2005-Ohio-6245.
This cause is pending before this court as a discretionary appeal.
On February 10, 2006, appellant filed a motion for leave to file
an affidavit clarifying facts. Whereas the motion is in violation
of S.Ct.Prac.R. III(3),
IT IS ORDERED by the court that the motion is stricken.

Later

Supreme Court of Ohio Releases "Wrongful Birth" Decision

2006-03-03T09:46:00.000-05:00

Opinion can be found here.

Here is the syllabus:

SYLLABUS OF THE COURT
Parents of an unhealthy child born following negligent genetic counseling
or a negligent failure to diagnose a fetal defect or disease may bring a
medical malpractice action for those costs arising from the pregnancy
and birth of the child.

...and here is the conclusion and judgment:

IV. Conclusion
{¶ 31} For the foregoing reasons, we hold that parents of an unhealthy
child born following negligent genetic counseling or negligent failure to
diagnose a fetal defect or disease may bring a medical malpractice action
for those costs arising from the pregnancy and birth of the child. As the
Schirmers have voluntarily dismissed the claim for such damages, they
cannot recover for those injuries. The trial court properly dismissed the
Schirmers’ claims for consequential economic and noneconomic damages.

V. Judgment
{¶ 32} Accordingly, our judgment is as follows:
{¶ 33} 1. Parents of an unhealthy child born following negligent
genetic counseling or a negligent failure to diagnose a fetal defect or
disease may bring a medical malpractice action for those costs arising
from the pregnancy and birth of the child. As the Schirmers have
voluntarily dismissed the claim for such damages, they cannot recover
for those injuries.
{¶ 34} 2. That part of the judgment of the court of appeals holding
that the consequential, economic costs of raising the Schirmers' disabled
child over and above ordinary child-rearing expenses may be recoverable
is reversed.
{¶ 35} 3. That part of the judgment of the court of appeals holding
that the Schirmers may not recover noneconomic damages is affirmed.
{¶ 36} 4. That part of the judgment of the court of appeals remanding
the cause for further proceedings is reversed, and the judgment of the
trial court dismissing the cause is reinstated.

Justice O'Connor wrote the opinion, and here's how the rest of court decided:

MOYER, C.J., concurs in the syllabus and in all parts of the judgment.
RESNICK and PFEIFER, JJ., concur in the syllabus and part one of the
judgment and the portion of the opinion relating thereto, and dissent as
to parts two, three, and four of the judgment.
LUNDBERG STRATTON, O'DONNELL and LANZINGER, JJ., concur
in parts two, three, and four of the judgment, but for reasons different
from those stated in the opinion, and dissent in all other respects.

Later

NOTE: here is the appellate court case from which the appeal to the Supreme Court of Ohio was made.

"There's Something Really Wrong Here"

2006-03-01T10:24:00.000-05:00

I recently watched the Al Pacino lawyer flick ...and Justice for All and the above quote from Pacino's opening argument at the end of the movie came to mind when I read this story concerning the early release of convicted murderers and rapists by the state of Ohio. If after reading the story you are interested in the genesis of the "Ankrom list," check this page out at the Ohio Public Defender web site.

Later

3/1/2006 - Supreme Court of Ohio Decisions

2006-03-01T10:12:00.000-05:00

Wednesday, March 1, 2006

2004-0001. Academy of Medicine of Cincinnati v. Aetna Health, Inc., 2006-Ohio-657.
Hamilton App. Nos. C-030109, C-030110, and C-030111, 2003-Ohio-6194. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-657.pdf
Summary: State Courts May Use Federal Standard to Determine When Arbitration Clauses Apply

2004-1024. State v. Hancock, 2006-Ohio-658.
Warren App. Nos. CA2001-12-115, CA2001-12-116, and CA2002-01-004, 2003-Ohio-1616. 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-658.pdf

2004-1896. State ex rel. Apcompower v. Indus. Comm., 2006-Ohio-659.
Franklin App. No. 03AP-718, 2004-Ohio-5257. 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-659.pdf

2005-0156. State ex rel. Dixon v. Airborne Express, Inc., 2006-Ohio-660.
Franklin App. No. 04AP-155, 2004-Ohio-7195. 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-660.pdf

2005-1120. State ex rel. Stewart v. State Emp. Relations Bd., 2006-Ohio-661.
Montgomery App. No. CA 20329. Judgment affirmed.
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-661.pdf

2005-1142. State ex rel. Montgomery Cty. Pub. Defender v. Siroki, 2006-Ohio-662.
Montgomery App. No. 20433. 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-662.pdf
Summary: Clerk of Courts May Delay Compliance With Public Records Request to Redact Social Security Numbers

2005-1687. Crase v. Bradshaw, 2006-Ohio-663.
Richland App. No. 05-CA-71. Appeal dismissed as moot.
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-663.pdf

2/28/2006 - Supreme Court of Ohio Case Announcements

2006-02-28T09:50:00.000-05:00

MOTION AND PROCEDURAL RULINGS

2004-0586. State v. Drummond.
Mahoning C.P. No. 03CR358. This cause is pending before the court
as a death penalty appeal from the Court of Common Pleas for Mahoning
County. Upon consideration of appellee's motion to participate in
oral argument,
IT IS ORDERED by the court that the motion is denied.

2005-2119. State v. Gibson.
Ross App. No. 04CA2805, 2005-Ohio-5273. This cause is pending
before the court as a discretionary appeal. On November 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).

2005-2122. State v. Crace.
Ross App. No. 04CA2801, 2005-Ohio-5274. This cause is pending
before the court as a discretionary appeal. On November 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).

2005-2125. White v. Summit Cty.
Summit App. No. 22398, 2005-Ohio-5192. This cause is pending
before the court as a discretionary appeal. On November 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).

2006-0328. State ex rel. Kuhar v. Medina Cty. Bd. of Elections.
In Mandamus. This cause originated in this court on the filing of a
complaint for a writ of mandamus involving an expedited election
matter. Upon consideration of the motion of Ohio Attorney General
im Petro for leave to intervene,
IT IS ORDERED by the court that the motion is granted.
Lundberg Stratton, J., not participating.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0311. State ex rel. Bailey v. Indus. Comm.
Franklin App. No. 05AP-316.

Later

Supreme Court of Ohio Launches Redesigned Web Site

2006-02-27T11:06:00.000-05:00

The Supreme Court of Ohio today launched a comprehensive redesign of its web site. The redesigned site is part of an ongoing effort by the Court to use information technology to increase public trust and confidence in the judiciary. The redesign features improved site navigation and a new Google-driven search page. Some of the more recent additions to the Court's site continue on the new site: archived and streaming video of oral arguments, case docket information, attorney look-ups, and information on the recent opening of the new Visitor Education Center.

Later

2/27/2006 - Supreme Court of Ohio Case Decisions and Administrative Actions

2006-02-27T10:19:00.000-05:00

MERIT DECISIONS WITH OPINIONS

2004-1171 and 2004-1267. State v. Mathis, 2006-Ohio-855.
Cuyahoga App. No. 83311, 2004-Ohio-2982, and Cuyahoga App.
No. 82278, 2004-Ohio-2971. Judgments affirmed and causes
remanded to the trial court.
Moyer, C.J., Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Resnick, J., concurs in paragraph three of the syllabus and in judgment.

2004-1568, 2004-1771, 2005-0735, and 2005-2156. State v. Foster,
2006-Ohio-856. Licking App. No. 03CA95, 2004-Ohio-4209,
Cuyahoga App. No. 83720, 2004- Ohio-4485, Lake App. No.
2003-L-110, 2005-Ohio-1107, and Ottawa App. No. OT-03-016,
2005-Ohio-5257. Judgment reversed in No. 2004-1568 and cause
remanded to the trial court. Judgment affirmed in No. 2004-1771
and cause remanded to the trial court. Judgment reversed in
No. 2005-0735 and cause remanded to the trial court. Judgment
affirmed in No. 2005-2156. Moyer, C.J., Pfeifer, Lundberg Stratton,
O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, J., concurs in paragraph seven of the syllabus and in judgment.

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 for relief
from this court's prior judgments and motion for leave to file a motion
for sanctions. Upon consideration thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1432. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant's motions to vacate entries issued by the court
on January 25 and February 13, 2006, and motions for leave to hear all
matters in this case en banc. Upon consideration thereof,
IT IS ORDERED by the court that the motions are denied.

2005-1652. In re Guardianship of Schneider.
Medina App. No. 05CA0050-M. This cause came on for further
consideration of appellant's motions to vacate entries issued by this
court on February 8 and February 13, 2006, and motions for leave
to hear all matters in this case en banc. Upon consideration thereof,
IT IS ORDERED by the court that the motions are denied.

2005-2034. State v. Weber.
Hamilton App. No. C-040820, 2005-Ohio-4854. This cause is pending
before the court as a discretionary appeal and claimed appeal of right.
On October 31, 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 14 days from 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).

2005-2106. State v. Sullivan-Griggs.
Hamilton App. No. C-040853. This cause is pending before the court
as a discretionary appeal and claimed appeal of right. On
November 8, 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 14 days from 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).

2006-0328. State ex rel. Kuhar v. Medina Cty. Bd. of Elections.
In Mandamus. This cause originated in this court on the filing of a
complaint for a writ of mandamus involving an expedited election
matter. Upon consideration of relator's motion to file a reduced number
of copies of evidence, IT IS ORDERED by the court that the motion is
granted, and the parties shall file an original plus two copies of the evidence.

2006-0378. State ex rel. McCray v. West.
Hamilton App. No. C-050955. This cause was filed as a discretionary
appeal and claimed appeal of right. Upon consideration of appellant's
jurisdictional memorandum, it is determined by the court that this cause
originated in the court of appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. II(1)(A)(1).
IT IS ORDERED by the court that the Clerk shall issue an order for the
transmittal of the record from the Court of Appeals for Hamilton County,
and the parties shall brief this case in accordance with S.Ct.Prac.R. VI.

MISCELLANEOUS DISMISSALS

2006-0007. Smith v. Leis.
Hamilton App. No. C-050857, 2005-Ohio-6090 and 2006-Ohio-450.
This cause is pending before the court as an appeal from the Court of Appeals
for Hamilton County. It appears from the records of this court that appellant
has not filed a merit brief, due February 21, 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 case has been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2006-0363. Bd. of Edn. of Kettering City Schools v. Montgomery
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-1209.

Later

Another Sentencing Case Decided by the Supreme Court of Ohio

2006-02-27T10:15:00.000-05:00

In another decision handed down today, the court's syllabus stated,
"When findings under R.C. 2929.13(D) or 2929.20(H) are missing
from the appellate record, the appellate court shall remand the case
to the sentencing court to state on the record the required findings
pursuant to R.C. 2953.08(G)(1), after which the appellate court shall
either affirm or modify the sentence, or vacate the sentence and
remand the case for a hearing de novo if the sentence is contrary to
law. (R.C. 2953.08(G) and 2929.19, construed.)

Later

Supreme Court Ohio Finds Various Sections of Ohio's Felony Sentencing Law Unconstitutional

2006-02-27T10:05:00.000-05:00

The first part of the Court's syllabus from the opinion states:

"Because R.C. 2929.14(B) and (C) and 2929.19(B)(2) require judicial
factfinding before imposition of a sentence greater than the maximum
term authorized by a jury verdict or admission of the defendant, they are
unconstitutional."

They then went on state: "R.C. 2929.14(B) and (C) and 2929.19(B)(2)
are capable of being severed.
After the severance, judicial factfinding is not required before a prison
term can be imposed within the basic ranges of R.C. 2929.14(A) based
upon a jury verdict or admission of the defendant."

Going further, the court held "Because R.C. 2929.14(E)(4) and 2929.41(A)
require judicial finding of facts not proven to a jury beyond a reasonable
doubt or admitted by the defendant before the imposition of consecutive
sentences, they are unconstitutional...R.C. 2929.14(E)(4) and 2929.41(A) are
capable of being severed. After the severance, judicial factfinding is not
required before imposition of consecutive prison terms."

And yet again, "Because the specifications contained in
R.C. 2929.14(D)(2)(b) and (D)(3)(b) require judicial factfinding
before repeat violent offender and major drug offender penalty
enhancements are imposed, they are unconstitutional ... R.C. 2929.14(D)(2)(b)
and (D)(3)(b) are capable of being severed. After the severance,
judicial factfinding is not required before imposition of additional
penalties for repeat violent offender and major drug offender specifications."

The last part of the syllabus states "Trial courts have full discretion to
impose a prison sentence within the statutory range and are no
longer required to make findings or give their reasons for imposing
maximum, consecutive, or more than the minimum sentences."

Later

2/23/2006 - Supreme Court of Ohio Case Announcements and Administrative Actions

2006-02-23T10:28:00.000-05:00

MOTION AND PROCEDURAL RULINGS

2002-1604. State v. Jackson.
Allen C.P. No. CR2002-0011. This cause came on for further consideration of
appellant's motion for appointment of counsel for purposes of filing an application
for reopening pursuant to S.Ct.Prac.R. XI(6). Upon consideration thereof,
IT IS ORDERED by the court that the motion is granted, and attorney Carol
A. Wright is appointed to represent appellant for the purposes of filing an
application for reopening.

2005-0768. State ex rel. Foster v. Belmont Cty. Court of Common Pleas.
Belmont App. No. 04-BE-55, 2005-Ohio-1353. This cause came on for further
consideration of appellant's motion for relief from judgment. Upon consideration
thereof,
IT IS ORDERED by the court that the motion is denied.

2005-2364. State v. Perez.
Clark C.P. No. 03CR1010. This cause is pending as a death penalty appeal from
the Court of Common Pleas for Clark County. Upon consideration of appellant's
motion for an extension of time to transmit the record,
IT IS ORDERED that the motion is granted, and the time for transmitting
the record is extended to May 18, 2006.

DISCIPLINARY CASES

1996-2782. Columbus Bar Assn. v. Jackson.
On application for reinstatement of Eric K. Jackson, Attorney Registration No.
0055163. Application granted and respondent reinstated to the practice of law in
Ohio.

2005-0798. Columbus Bar Assn. v. Moesle.
This cause is before the court upon the filing of respondent’s response to the
court’s order to show cause dated January 18, 2006. Upon consideration thereof,
It is ordered that respondent must comply with the court’s order of
November 2, 2005, by filing an affidavit of compliance on or before March 9,
2006.

2005-2266. In re Resignation of Weick.
On affidavit of resignation from the practice of law of David Claude Weick,
Attorney Registration No. 0026173, and on report filed under seal by Disciplinary
Counsel.
Resignation accepted with disciplinary action pending.

2006-0141. In re LoDico.
On January 23, 2006, and pursuant to Gov.Bar R. V(5)(A)(3), the Secretary of the
Board of Commissioners on Grievances and Discipline of the Supreme Court of
Ohio certified to the Supreme Court a certified copy of a judgment entry of a
felony conviction against Steven Lewis LoDico, an attorney licensed to practice
law in the state of Ohio.
Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is
ordered and decreed that Steven Lewis LoDico, Attorney Registration No.
0041715, last known business address in Canton, Ohio, be, and hereby is,
suspended from the practice of law for an interim period, effective as of the date of
this entry.
IT IS FURTHER ORDERED that this matter be, and is hereby, referred to
the Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.
IT IS FURTHER ORDERED that respondent immediately cease and desist
from the practice of law in any form and is hereby forbidden to appear on behalf of
another before any court, judge, commission, board, administrative agency or other
public authority.
IT IS FURTHER ORDERED that, effective immediately, respondent be
forbidden to counsel or advise, or prepare legal instruments for, others or in any
manner perform legal services for others.
3 02-23-06
IT IS FURTHER ORDERED that respondent is hereby divested of each, any
and all of the rights, privileges and prerogatives customarily accorded to a member
in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G),
respondent shall complete one credit hour of continuing legal education for each
month, or portion of a month, of the suspension. As part of the total credit hours of
continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to professional conduct required by
Gov.Bar R. X(3)(A)(1) for each six months, or portion of six months, of the
suspension.
IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent complies with the requirements for
reinstatement set forth in the Supreme Court Rules for the Government of the Bar
of Ohio; (2) respondent complies with this and all other orders issued by this court;
(3) respondent complies with the Supreme Court Rules for the Government of the
Bar of Ohio; and (4) this court orders respondent reinstated.
IT IS FURTHER ORDERED, sua sponte, by the court that, within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded by the Clients' Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is
further ordered, sua sponte, by the court that if, after the date of this order, the
Clients' Security Fund awards any amount against the respondent pursuant to
Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to the Clients'
Security Fund within 90 days of the notice of such award.
IT IS FURTHER ORDERED that, on or before 30 days from the date of this
order, respondent shall:
1. Notify all clients being represented in pending matters and any cocounsel
of respondent's suspension and consequent disqualification to act as
an attorney after the effective date of this order and, in the absence of cocounsel,
also notify the clients to seek legal service elsewhere, calling
attention to any urgency in seeking the substitution of another attorney in
respondent's place;
2. Regardless of any fees or expenses due respondent, deliver to all clients
being represented in pending matters any papers or other property pertaining
to the client, or notify the clients or co-counsel, if any, of a suitable time and
place where the papers or other property may be obtained, calling attention
to any urgency for obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in
respondent's possession or control;
4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of respondent's disqualification to act as an
attorney after the effective date of this order, and file a notice of
disqualification of respondent with the court or agency before which the
litigation is pending for inclusion in the respective file or files;
5. Send all such notices required by this order by certified mail with a return
address where communications may thereafter be directed to respondent;
6. File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing
proof of service of notices required herein, and setting forth the address
where the affiant may receive communications; and
7. Retain and maintain a record of the various steps taken by respondent
pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk and the
Disciplinary Counsel advised of any change of address where respondent may
receive communications.
IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.
IT IS FURTHER ORDERED, sua sponte, that service shall be deemed made
on respondent by sending this order, and all other orders in this case, by certified
mail to the most recent address respondent has given to the Attorney Registration
Section.
IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

ADMINISTRATIVE ACTIONS

1. Proposed amendments to the Ohio Traffic Rules (Traf.R. 3, 14, and
15) will be published for public comment.

Later

Predatory Lending Bill Passed By Ohio Senate

2006-02-23T07:46:00.000-05:00

The Ohio Senate passed SB 185 by a vote of 29-4 yesterday, a bill that would toughen mortgage regulations in the state. House Speaker Jon Husted (R-Kettering) stated that the bill would be a priority for that chamber. The bill is opposed by the opposed by the Ohio Association of Mortgage Brokers.

Later

Latest Introductions from the Ohio General Assembly

2006-02-22T11:24:00.000-05:00

SJR 7 TAX LIMITATION (Cates) To establish limitations on the state regarding taxes and expenditures and to require full state funding of local government mandates. En. Section 14 of Article XII of the Ohio Constitution. Full Text

Later