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Disputes Over Tokes Act Reach Supreme Court
Two men in prison are challenging the power of corrections officials to extend their sentences under the Reagan Tokes Act. Their appeals, which will be heard by the Supreme Court of Ohio next week, argue the Tokes Act is unconstitutional.
Courts Not Mandated to Defer to State Agency Interpretations
The Supreme Court of Ohio today rejected the view that state courts must defer to an administrative agency’s interpretation of the law.
Court Orders Hearing for Man Claiming He Was Misidentified as Rape Suspect
The Supreme Court of Ohio ruled today that a hearing is required to determine if a teen convicted for a 2001 rape received ineffective counsel because a witness identification expert was not called to testify.
Drivers Ticketed by Cleveland’s Traffic Cameras Not Entitled to Refund
Cleveland does not have to refund $4.1 million to motorists who paid fines under a now-defunct traffic camera program used to catch red-light and speeding violators, the Supreme Court of Ohio ruled today.
Conviction Affirmed for Teen Transferred to Adult Court for Six-Month Crime Spree
The Supreme Court of Ohio affirmed all but one conviction of a 16-year-old Cleveland teen who went on a six-month crime spree, which included the attempted murder of an elderly couple and robbery of a television news crew.
Nursing Home Aide’s 65-Year Prison Sentence Reversed Again
For the second time, the Supreme Court of Ohio reversed an appeals court decision concerning a former nursing home aide’s prison sentence for stealing personal items from 46 residents at nursing homes and assisted living facilities in Delaware and Franklin counties.
Change in Self-Defense Law Does Not Alter How Appeals Are Conducted
A 2018 state law change addressing the use of deadly force in self-defense does not change how an appeals court evaluates cases where a jury has rejected a self-defense claim , the Supreme Court of Ohio ruled today.
Trial Court Abused Discretion When Rejecting No-Contest Plea
A Stark County trial judge wrongly refused to allow a criminal defendant to plead “no contest” because the judge did not believe there were any legitimate grounds for an appeal, the Supreme Court ruled today.
Tort Damage Caps Unconstitutional When Applied to Sexually Abused Children
A state law capping the amount of damages awarded for claims such as “pain and suffering” in a personal injury lawsuit is unconstitutional as applied to certain sexually abused children, the Supreme Court of Ohio ruled today.
Conviction Vacated for Man Who Did Not Receive Specifics About Child Abduction Charges
The Supreme Court of Ohio today vacated the abduction conviction of a Wood County man after the prosecutor’s office refused to provide him a bill of particulars specifying what conduct constituted the criminal offense.
Marsy’s Law Does Not Deprive Prosecutor of ‘Standing’
The rights granted to crime victims through a 2017 voter-approved constitutional amendment do not impact the “standing” of prosecutors to appeal the denial of restitution to a crime victim, the Supreme Court of Ohio ruled today.
Commercial Insurance Policies Do Not Cover Financial Damages From Pandemic
An “all-risk” commercial property insurance policy does not cover the financial losses Ohio businesses suffered from state-mandated shutdowns at the onset of the COVID-19 pandemic, the Supreme Court of Ohio ruled today.
When Father Established Paternity He Did Not Get a Second Chance to Contest Baby’s Adoption
Attempts by the father of a newborn baby to prevent a couple from adopting the baby failed because the father waited too long after the adoption petition was filed to act, the Supreme Court of Ohio ruled today.
New Sentencing Hearing Ordered for College Student Serving Life for Death of Newborn
The Supreme Court of Ohio has ordered a new sentencing hearing for a former college student sentenced to life in prison for the murder of her newborn baby in the bathroom of her sorority house.
State Can Acquire Octagon Earthworks From Country Club
The Ohio History Connection can proceed with its efforts to transform the Octagon Earthworks of Newark into a public park by extinguishing the Moundbuilders Country Club lease on the land, the Supreme Court of Ohio ruled today.
Patients Can Pursue Legal Claim Against Doctor Who Fled Country
The cutoff date to file a medical malpractice lawsuit is extended if a medical practitioner flees the state within the four-year lawsuit deadline, the Supreme Court of Ohio ruled today.
Court Vacates Conviction of Teen Who Claimed Other Personality Led Him to Kill
The Champaign County Juvenile Court’s decision to transfer the case of a 14-year-old boy with multiple personalities to adult court for the murder of his father’s girlfriend was not supported by the evidence , the Supreme Court of Ohio ruled today.
Cities Cannot Impose Franchise Fee on Streaming Services
Internet streaming services Netflix and Hulu are not “video service providers” under Ohio law and do not have to pay local franchise fees that wired cable and telecommunications companies pay, the Supreme Court of Ohio ruled today.
Death Sentence Upheld for Man Who Killed Ex-Girlfriend and 4-Year-Old Daughter
The Supreme Court of Ohio today affirmed the death sentence of a Franklin County man who killed his ex-girlfriend and 4-year-old daughter by repeatedly stabbing them.
Court Clarifies How Juvenile Courts Consider Evidence When Transferring Cases to Adult Court
Before transferring a minor to face criminal charges in adult court, a juvenile judge must consider if prosecutors presented more than a mere suspicion of guilt. However, the judge does not decide the merits of competing prosecution and defense theories, the Supreme Court of Ohio ruled today.
Workplace Injury Claim Does Not Have To Be Resolved Through Arbitration
A maintenance worker severely injured at a Stark County dairy facility can sue his employer without first going through the grievance and arbitration process established by the company and its union, the Supreme Court of Ohio ruled today.
Lawsuit Against Chiropractic Firm Not Permitted Once Chiropractor Dismissed From Case
If a physician cannot be held directly liable for malpractice, then a lawsuit seeking to hold the physician’s employer vicariously liable must be dismissed, the Supreme Court of Ohio ruled today.
Court Puts Brakes on Taxing NASCAR
The money NASCAR makes from selling the rights to broadcast stock car races and merchandise to Ohio fans is not subject to the state’s commercial activities tax (CAT), the Supreme Court of Ohio ruled today.
Man’s Case Doesn’t Clear Two-Step Test for Ineffective Counsel
An Adams County man’s allegations that his trial lawyers were ineffective were rejected today by the Supreme Court of Ohio, which found the man already raised the issues on appeal or could not prove his attorneys were deficient.
Man Granted New Hearing; Claims DNA Results Exclude Him From 1997 Rape
The Supreme Court of Ohio today ruled that a man convicted of a 1997 rape is entitled to a hearing to determine if he should get a new trial based on his claim that DNA evidence excluded him from being one of two rapists.
Parole Hearing Denied For Incomplete Paperwork
A state prison inmate who has been eligible for a parole hearing since 2016 is not entitled to a court-ordered hearing because he submitted incomplete paperwork, the Supreme Court of Ohio ruled today.
Attempted Murder Conviction Vacated; Statute of Limitations Expired
The Supreme Court of Ohio today vacated the conviction of a Logan County man, finding the statute of limitations to charge him with attempted aggravated murder ran out 20 years before his indictment.
Parents Who Did Not Object to Temporary Custody Could Not Dispute Permanent Custody Ruling
A juvenile court must conduct a hearing to grant temporary custody to a children services agency within 90 days after the agency files a complaint. If the hearing takes place after 90 days, a parent must object to the court’s decision immediately, and not during a later appeal following the court’s decision to grant permanent custody to the children services agency, the Supreme Court of Ohio ruled today.
Delays to Copy Video Footage Did Not Lead to Speedy Trial Time Violation
A Lawrence County man’s right to a speedy trial was not violated because he caused a delay by requesting a copy of his own home surveillance system, the Supreme Court of Ohio ruled today.
Case to Acquire Bike Trail Land Can Proceed Despite Law Limiting Park District
The Supreme Court of Ohio today ruled the Mill Creek Metropolitan Park District’s lawsuit to acquire a man’s property to build a bike trail can proceed.
Attorney Disciplined for Practicing Law While Suspended
A Cleveland lawyer was indefinitely suspended by the Supreme Court of Ohio today for continuing to handle cases and attend court hearings while under suspensions for violations of attorney conduct rules.
Amusement Park Closure During Pandemic Did Not Violate Season Pass Terms
Cedar Point Amusement Park could alter its dates of operation without advance notice and close rides and attractions during the shutdown ordered by the state government in response to the COVID-19 pandemic, the Supreme Court of Ohio ruled today.
Botanical Garden’s Admission and Parking Fees Do Not Violate Deed Restrictions
Cleveland Botanical Garden did not violate the restrictions of a 140-year-old deed that created Wade Park when it built an underground parking garage and started charging admission fees, the Supreme Court of Ohio ruled today.
Attorney Suspended for Failing to Serve Clients
Central Ohio attorney is indefinitely suspended from the practice of law today. The Supreme Court of Ohio unanimously found the attorney demonstrated a pattern of misconduct, causing harm to six vulnerable clients.
Expert Witness Barred From Testifying at Trial Can Appear at Retrial
A missed reporting deadline that can bar an expert witness from testifying at a trial does not prevent the expert from testifying in any retrial, the Supreme Court of Ohio ruled today.
Death Penalty Upheld for Prisoner Who Murdered Fellow Inmate
The Supreme Court of Ohio has affirmed the death sentence of an Ohio prisoner who murdered a fellow inmate at the Warren Correctional Institution in 2019.
Ethics Commission Review Not Required Before Prosecutors Pursue Ethics Charges
The Supreme Court of Ohio today upheld the conviction of a former Williams County sheriff for violating state ethics laws when he posted confidential information about children services cases on a sheriff’s office website.
Judge Suspended Indefinitely for ‘Unprecedented Misconduct’
Cleveland Municipal Court Judge Pinkey Carr was suspended indefinitely and removed from office by the Supreme Court of Ohio today.
Incriminating Cell Phone Search Constitutional
A Fairfield County probation officer broke a state law when searching the cell phone of a man on community control, but did not violate his constitutional rights. Because the man’s rights were not infringed, the child pornography found on the phone could be used as evidence to convict him, the Supreme Court of Ohio ruled today.
Judge Disciplined for Conducting Investigation
A Portsmouth judge was publicly reprimanded by the Supreme Court of Ohio today for independently investigating a juvenile court matter, failing to recuse himself from the case, and failing to perform the duties of judicial office fairly and impartially.
To Collect Punitive Damages Award, Attorneys Can Charge Opponent for Cost of Appeals
Traditionally, reasonable attorney fees can be recovered from the losing party in a lawsuit when punitive damages are awarded. The ability to recover these fees can extend to the attorney fees incurred when the losing party unsuccessfully appeals the case, the Supreme Court of Ohio ruled today.
Diet Pill Wholesaler Not Adequately Informed About Drug Trafficking Charges
Prosecutors violated the constitutional rights of a weight-loss pill wholesale distributor by charging the company with illegally selling drugs without specifying what state law was violated, the Supreme Court of Ohio ruled today.
Court Improperly Sealed Former Candidate’s Divorce Records
An Ashland County judge failed to justify sealing the divorce records of former U.S. Senate candidate and state Treasurer Josh Mandel and his ex-wife, the Supreme Court of Ohio ruled today.
Independent Secretary of State Candidate Submitted Sufficient Signatures to Be on Ballot
The Supreme Court of Ohio ruled that Terpsehore Maras submitted a sufficient number of signatures to appear on the Nov. 8 general election ballot as an independent candidate for Ohio secretary of state.
Canton Attorney Suspended for Neglecting Clients’ Divorce Cases
The Supreme Court of Ohio today suspended a Canton lawyer for two years, with one year stayed, for neglecting two client matters and lying to the clients for months about the status of their cases.
Court-Ordered Truck Forfeiture for Third Drunk-Driving Offense Found Constitutional
A Medina County man’s constitutional rights against excessive fines were not violated when he was ordered to forfeit his $31,000 truck after being convicted of his third drunk driving violation in 10 years, the Supreme Court of Ohio ruled today.
Attorney Suspended for Defrauding Family Estate
A Lorain County attorney has been suspended from the practice of law for two years with one year stayed for fraudulently diverting funds from a family probate estate, including taking $5,200 to purchase a used BMW, the Supreme Court of Ohio ruled today.
Driving Under Suspension Charge Requires Moving Vehicle
To be guilty of driving under suspension for operating a vehicle while under the influence of drugs or alcohol (OVI), one must actually move the vehicle, the Supreme Court of Ohio ruled today.
Law Against Urging Picketing of Officials’ Homes During Labor Disputes Unconstitutional
A state law that prohibits encouraging “targeted picketing” of public officials at their homes or private workplaces in connection with a labor dispute is unconstitutional, the Supreme Court of Ohio ruled today.
Delayed Charge Based on Lab Results Did Not Violate Man’s Right to Speedy Trial
A Lorain County man’s right to a speedy trial was not violated when the state added a new vehicular homicide charge based on toxicology results months after his arrest for failing to stop after an accident, the Supreme Court of Ohio ruled today.
Lawyer Convicted of Workers’ Compensation Fraud Suspended for Two Years
A Cuyahoga County lawyer convicted of workers’ compensation fraud and who owes more than $950,000 in restitution was suspended from the practice of law for two years by the Supreme Court of Ohio today.
Warrensville Heights, Beachwood Schools Tax-Sharing Deal Enforceable Without State School Board Approval
A tax-sharing agreement between the Warrensville Heights City School District and Beachwood City School District entered into in the 1990s is enforceable despite the agreement not being approved by the Ohio State Board of Education, the Supreme Court of Ohio ruled today.
Offender Cannot Have Records of Dismissed Charges Sealed
When an offender is convicted of a charge while other charges in the same indictment are dismissed, the offender cannot request to seal the records of the dismissed charges until all the records in the case are eligible to be sealed, the Supreme Court of Ohio ruled today.
Death Penalty Affirmed for Cleveland Man Who Killed Teen on Her Way to School
The Supreme Court of Ohio today affirmed the death sentence of a Cleveland man who abducted and murdered a 14-year-old girl on her way to school.
State Cannot Enforce Law Against Trains Blocking Railroad Crossings
Federal law prevents enforcement of an Ohio law against trains blocking railroad crossings for more than five minutes, the Supreme Court of Ohio ruled today.
Safety Threat Required to Deny Supervised Outings for Mental Health Facility Resident
A trial judge must loosen restrictions on supervised community outings for man committed to a mental health facility unless prosecutors prove that he poses a threat to public safety or any person, the Supreme Court of Ohio ruled today.
Denial of Motion to Modify Terms of Intervention-in-Lieu-of-Conviction Cannot Be Appealed
The Supreme Court of Ohio ruled today that a Guernsey County trial court's order denying Vernon Yontz’s motion to modify the terms of his intervention-in-lieu-of-conviction (ILC) for the illegal possession of oxycodone pills was not a final appealable order.
Court Approves Lake Erie Offshore Wind Farm Permit
The Supreme Court of Ohio today approved the permit to construct North America’s first freshwater offshore wind-powered electric-generation facility.
Man Convicted of 2014 Rape Can Seek New Trial
A trial court must grant a motion for permission to seek a new trial filed by a man convicted of rape after the prosecution failed to turn over a lab report that tended to disprove an element of the offense and raised questions about the credibility of the alleged victim’s testimony, the Supreme Court of Ohio ruled today.
Death Penalty Upheld for Man Who Killed Couple While Housesitting for Them
The Supreme Court of Ohio today confirmed the death sentence of a man who requested capital punishment for killing a North Canton couple whose house he was watching while they vacationed.
Parma Attorney Indefinitely Suspended for Neglecting Client Matters
The Supreme Court of Ohio has indefinitely suspended a Parma attorney and ordered him to pay $16,410 in restitution to former clients for failing to do the legal work they paid him to do.
Medical Billing Service Seeks Insurance Coverage for Ransomware Attack
Operating in an increasingly digital economy means businesses face a growing threat from cybercriminals looking to hold computer operating systems hostage until a ransom is paid.
Mother’s Wrongful Death Lawsuit for Son’s Suicide in Jail Returned to Trial Court
A Warren County trial court must conduct further proceedings in a wrongful death lawsuit filed by the mother of a county jail inmate who died by suicide, the Supreme Court of Ohio ruled today.
Oil and Gas Royalty Interest Miscalculated in 1954 Not Extinguished
An oil and gas company cannot claim the full mineral rights to property in Belmont County because a claim to one-quarter interest of the minerals might still be owned by the heirs of a man who sold the property in 1954, the Supreme Court of Ohio ruled today.
Shifting Burden of Proof of Self-Defense to Prosecution Applies to All Future Trials
A change in state law shifting the burden of proof to the prosecution when self-defense is claimed by a criminal defendant applies to all trials beginning after March 28, 2019, even when the alleged offenses occurred before the law’s effective date, the Supreme Court of Ohio ruled today.
Attorney Suspended for Threatening Client as Intimate Relationship Ended
The Supreme Court of Ohio suspended a Medina County attorney for two years based in part for threatening a client that he had a sexual relationship with and hired as an “intern.”
Court Invalidates Second Congressional Map
The Supreme Court of Ohio today invalidated a second proposed map of Ohio’s 15 U.S. House districts because it violated the partisan gerrymandering prohibitions contained in the Ohio Constitution.
Appropriate Judicial Review of Executive Branch Agency Decisions Debated
The separation of powers among the branches of government is at the core of a case to be heard by the Supreme Court of Ohio next week.
Seating Victim at Prosecutor’s Table Led to Unfair Trial
A Stark County man’s constitutional rights to a fair trial were violated when the alleged victim of a rape was permitted to sit at the prosecutor’s table during the trial, the Supreme Court of Ohio ruled today.
Portage County Lawyer Suspended for Lying to Court and Police About Client Affair
The Supreme Court of Ohio today suspended a Portage County attorney for one year, with six months stayed, for having an inappropriate sexual relationship with a client then lying about it to a municipal court judge, a police chief, and an opposing attorney.
Drug Possession Conviction Overturned Because Officers Illegally Searched Bookbag
The Supreme Court of Ohio today vacated a Marion County woman’s drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.
Court Holds Additional House and Senate Candidates Can Be Considered During August 2 Primary
Six candidates can appear on the special Aug. 2 primary election ballot, despite Ohio Secretary of State Frank LaRose disqualifying them, the Supreme Court of Ohio ruled today.
Naked-While-Driving Attorney Indefinitely Suspended
The Supreme Court of Ohio today indefinitely suspended a Hamilton, Ohio, attorney for repeatedly driving naked and exposing himself to other motorists.
Court Clarifies What Criminal Complaint Information Police Must Make Available
A nearly 30-year-old standard on what police must make available to the public when a crime is reported has been clarified by the Supreme Court of Ohio today.
Court Refuses to Prevent Lawmakers From Passing Pandemic Protections
The Supreme Court of Ohio today rejected an effort to invoke a 2011 amendment to the Ohio Constitution to block the state from enacting or enforcing any COVID-19 related measures.
Man Caught 26 Years Later Through DNA Search of Family Tree Contests Conviction
Genetic technology used by millions to trace their ancestry online helped Logan County law enforcement solve a 26-year-old attempted murder and rape case. The question now is, did they find the suspect too late?
Court Strikes Increased Prison Sentence for Profanity-Laced Outburst
A Lake County trial court could not increase a prison sentence based on the defendant’s profanity-laced tirade against the judge, the Supreme Court of Ohio ruled today.
Court Errors Led to Invalidating Bail Bond Company’s $50,000 Bond Forfeiture
The Supreme Court of Ohio today vacated a $50,000 bond forfeiture by a bail bond company after determining the trial court failed to enter a final appealable order on the bond forfeiture.
Readopted House and Senate District Maps Remain Invalid
A set of Ohio House and Senate district maps previously ruled unconstitutional remain invalid, the Supreme Court of Ohio ruled today. The Ohio Redistricting Commission must be reconstituted to draft and adopt new General Assembly maps that meet the requirements of the Ohio Constitution.
Cable Installer Owes $341,000 for Misclassifying Workers as Independent Contractors
An underground cable installation company owes about $341,000 in workers compensation premiums because it improperly classified its workers as independent contractors, the Supreme Court of Ohio ruled today.
State Funding Cuts for Cities Collecting Traffic Camera Fines Constitutional
A law that reduces state funding to municipalities that use red-light and speeding photo enforcement is constitutional, the Supreme Court of Ohio ruled today.
Death Sentence Upheld for Cleveland Man Who Killed Car Lot Owners
The Supreme Court of Ohio today affirmed the death penalty of a Cleveland man who killed the husband-and-wife owners of a car dealership while stealing two cars and money.
New Trial Rejected for Man Who Claimed Trial Judge Was Biased
When a criminal defendant does not object to an error made during the trial, regardless of the severity of the mistake, then the defendant appealing the case must prove the error impacted the outcome of the trial, the Supreme Court of Ohio ruled today.
Man’s Illegal Gun Possession Can Be Basis for Involuntary Manslaughter Conviction
The Supreme Court of Ohio ruled today that if a person is prohibited from using a gun but does so anyway, proximate resulting in the death of another, he can be found guilty of involuntary manslaughter. The reason that he is prohibited from using the gun is irrelevant.
Marion County Inmate’s Plot to Kill Ex-Wife Was Tried in Wrong County
A Marion County prison inmate cannot be tried for retaliation in Erie County for plotting with a cellmate to kill his ex-wife when all his actions occurred in Marion County, the Supreme Court of Ohio ruled today.
Adult Court Cannot Indict and Try 22-Year-Old for Acts He Committed as Youth
The general division of the Mahoning County Common Pleas Court had no authority to indict and try a suspect who was arrested when he was 20 years old for acts he allegedly committed as a juvenile, the Supreme Court of Ohio ruled today.
Judge Sanctioned for Berating Man Who Questioned Court Practices
A Greene County Probate Court judge received a six-month stayed suspension today for berating a man who publicly questioned whether the judge should hear cases in which the judge’s daughter represents parties.
Court Decides 31 Cases Consistent With Earlier Ruling on Sentence-Extension Law
The Supreme Court of Ohio today decided 31 cases based on its prior ruling allowing defendants to challenge on direct appeal the constitutionality of a state law permitting the extension of prison sentences.
Community School Director Not Responsible for Independent Treasurer’s Embezzlement
The state cannot hold a former Dayton community school director financially responsible for the more than $50,000 embezzled by the school treasurer during the 2009-2010 school year, the Supreme Court of Ohio ruled today.
Lawyer Claiming to Lose Records While Fleeing Protests Suspended
The Supreme Court of Ohio today suspended a Lorain County attorney for two years, with one year stayed, for mishandling clients’ funds while on probation from a prior charge of mishandling client funds.
Supreme Court to Hear Seven Appeals, Three at Off-Site Session
Students in Fayette County will have a front-row view next week to arguments in three appeals that have reached the state’s court of last resort, the Supreme Court of Ohio.
Fourth Attempt at State House and Senate Maps Unconstitutional
A fourth set of Ohio House and Senate district maps has been ruled unconstitutional by the Supreme Court of Ohio, which ordered the members of the Ohio Redistricting Commission to reconvene and adopt new General Assembly maps.
Witnesses Entitled to Rights When Faced With Jail for Failing to Appear at Trial
A prosecutor failed to prove that warrants were necessary to ensure two witnesses appeared at trial, the Supreme Court of Ohio ruled today.
Put-In-Bay Attraction Denied Refund of Resort-Area Tax
A Put-in-Bay tourist attraction’s attempt to obtain a $264,000 “resort-area tax” refund from the village was rejected by the Supreme Court of Ohio today.
Supreme Court Dismisses Appeal from Expired Order in Police Officer Lawsuit
The Supreme Court of Ohio today dismissed an appeal in a case in which a Cincinnati police officer sought to block critics from identifying and commenting about him online.
Local Governments Want Online Streaming Services to Pay Local Fees
Ohio is in the spotlight in a multistate legal dispute between Netflix, Hulu, and cities that are seeking franchise fees from companies streaming entertainment programming.
Third Attempt at State House and Senate Maps Unconstitutional
A third set of Ohio House and Senate district maps has been ruled unconstitutional by the Supreme Court of Ohio, which ordered the members of the Ohio Redistricting Commission to reconvene and adopt new General Assembly maps.
Local Governments Fear Open Meeting ‘Bounty Hunters’
By reviewing the minutes of local government meetings, a Portage County man discovers violations of Ohio’s Open Meeting Act.
Attorney Suspended for Damaging Reputation of Opposing Lawyer, Legal Community
The Supreme Court of Ohio today suspended a Cuyahoga County lawyer for asking a judge to refer an opposing attorney for mental health screening to pressure that attorney into dismissing a contentious case.
State Can Block Oil and Gas Sales from Land Purchased with Conservation Grants
The Ohio Public Works Commission can restrict the transfer of mineral rights for drilling of natural gas from land purchased with a grant from the voter-approved Clean Ohio Conservation Fund, the Supreme Court of Ohio ruled today.
Court’s Errors in Imposing Postrelease Control Could Not Be Corrected 10 Years Later
A claim by either the offender or the prosecutor that a trial court made a mistake when imposing postrelease control must be challenged on direct appeal, the Supreme Court of Ohio ruled today.
Police Officer Cannot Anonymously Sue Protestors
A Cincinnati police officer cannot conceal his identity as he sues protestors for claiming that he is a white supremacist, the Supreme Court of Ohio ruled today.
Appeals Court Ruling Denying Speed Camera Ticket Refunds Stands
The Village of New Miami will not have to refund $3 million to motorists who received camera-generated speeding tickets, the Supreme Court of Ohio ruled today.
“No Contact” Order Does Not Deprive Parent of Right to Contest Adoption
A parent under a court order to have no contact with his children did not lose his right to consent to their adoption because he was not in regular contact with them, the Supreme Court of Ohio ruled today.
Court Rejects Sanction for Attorney Who Pre-Notarized Document
The Supreme Court of Ohio today ruled a Mahoning County attorney should not be sanctioned for notarizing a document without actually witnessing it being signed.
Sufficient Information Provided to Reopen Appeal Claiming Ineffective Counsel
To reopen a criminal appeal, an offender needs to demonstrate there are legitimate grounds to claim the appeal was lost because of ineffective assistance of counsel, the Supreme Court of Ohio ruled today.
Revised Ohio House and Senate Maps Still Unconstitutional and Must Be Re-Drawn
The Supreme Court of Ohio today invalidated proposed Ohio House and Senate districts maps in their entirety and ordered the Ohio Redistricting Commission to be reconstituted, convene, and adopt entirely new General Assembly maps.
Minors Cannot Be Charged in Adult Court for Crimes Rejected by Juvenile Court
If a juvenile court finds no probable cause that a child committed a criminal act, then an adult court has no authority to re-charge and prosecute the juvenile on that charge, the Supreme Court of Ohio ruled today.
Constitutionality of Ohio Restrictions on Picketing Debated
Following a year attempting to negotiate a new collective bargaining agreement, employees of a Portage County developmental disability agency went on strike in 2017.
Congressional Map Ruled Unconstitutional
The Supreme Court of Ohio today invalidated the Ohio General Assembly bill that reapportioned Ohio’s 15 U.S. House districts, because the resulting congressional-district map violated the partisan gerrymandering prohibitions contained in the Ohio Constitution.
New Ohio Legislative District Maps Unconstitutional
New maps for Ohio House and Senate districts must be re-drawn. The Supreme Court of Ohio ruled today that the maps do not meet voter-approved provisions of the Ohio Constitution to reduce partisan political gerrymandering.
Ohio’s New U.S. Congressional Districts Challenged as Unconstitutional
Another set of cases about Ohio’s reforms to creating districts for the public’s representatives has reached the Ohio Supreme Court. Two cases to be argued tomorrow turn on the 2018 constitutional amendments directing how to draw Ohio’s districts for the U.S. House of Representatives.
Court Rejects Group’s Effort to Block ‘Vax-a-Million’ Lottery
The Ohio Supreme Court today rejected a group’s challenge to Gov. Mike DeWine’s “Vax-a-Million” lottery and his pandemic orders, finding the organization failed to meet the requirements to sue in the Supreme Court.
Attorney Who Attempted to Cover Up Sex with Clients Suspended
A Chagrin Falls attorney who broke up with one client he had sex with and then started a sexual relationship with another client was suspended for two years with one year stayed by the Ohio Supreme Court today.
New Legislative Districts Drawn by Commission at Center of Multiple Lawsuits
Ohioans voted overwhelmingly in 2015 to reform the process for drawing congressional and state legislative districts. The goal of the constitutional amendment was to institute a bipartisan process and eliminate the gerrymandering of districts.
Fortified Mailbox Owners Not Responsible for Pickup Driver’s Paralyzing Injuries
A Huron County couple is not liable for the severe injuries suffered by a motorist whose truck slid off a rural road and struck the couple’s heavily fortified mailbox, the Ohio Supreme Court ruled today.
Attorney Suspended for Disparaging Justices and Judges
The Ohio Supreme Court today suspended a Richmond Heights attorney for one year with six months stayed for accusing Ohio judges and Supreme Court justices of basing property tax valuation decisions on “politics, not law,” and for speculating about political motivations behind their decisions.
Wrongful Death Lawsuit Against Hamilton County Caseworkers Can Move Forward
A lawsuit against Hamilton County caseworkers filed by the grandmother of a child murdered by her parents contained enough information at the initial pleadings stage to move forward, the Ohio Supreme Court ruled today.
Columbus Lawyer Suspended for Mishandling Client Matters
The Ohio Supreme Court today suspended a Columbus attorney for 18 months with 12 months stayed for mishandling client matters, including providing an opposing party with her client’s personal information that the client did not want released.
Attorney Who Mishandled Six Client Matters Suspended for Two Years
The Ohio Supreme Court today suspended a Cleveland attorney for two years for committing several ethical violations, including billing a client’s mother twice for round trips to Youngstown to visit his client in prison when the man was in the local county jail.
Dayton Attorney Suspended for Lying about Failing to Appeal Client’s Conviction
The Ohio Supreme Court today suspended a Dayton attorney who failed to file an appeal in a criminal case then lied to his clients about the matter.
Imprisoned Attorney Indefinitely Suspended
An attorney formerly of Toledo serving a 10-year prison sentence for child pornography-related charges was indefinitely suspended by the Ohio Supreme Court today.
Warrantless Arrest Did Not Violate Rights
A police officer is not required under the U.S. or Ohio constitutions to secure an arrest warrant every time circumstances demonstrate that it is practicable to obtain a warrant, the Ohio Supreme Court ruled today.
Seneca County Judge Suspended for Jailing Spectator over Drug Test Refusal
The sole judge of the Tiffin-Fostoria Municipal Court was suspended for one year without pay today by the Ohio Supreme Court for holding a court spectator in contempt for refusing to take a drug test.
Free-Speech Rights Contested after Police Officer Sues Protestors
A single hand gesture by a Cincinnati police officer led to a lawsuit against more than 20 individuals, whom the officer claims are attempting to “dox” him online.
Violent-Offender Registration Duties Can Be Imposed Retroactively
A 2019 state law requiring certain felons to register as violent offenders can be imposed on those who committed their crimes before the law took effect, the Ohio Supreme Court ruled today.
Second Indefinite Suspension Imposed on Attorney Who Neglected Clients
A Cincinnati attorney who provided legal assistance to a client while under suspension received a second indefinite suspension from the Ohio Supreme Court today.
Court to Hear Six Appeals at Two-Day Off-Site Session in Akron
The Ohio Supreme Court will hold two days of oral arguments next week outside of its Columbus home as part of a civic education program for students.
Ohio’s Execution Protocol Valid without Going through Rulemaking
Ohio’s existing execution protocol to carry out death sentences by lethal injection can be applied without the Department of Rehabilitation and Correction (DRC) submitting it through the state’s formal rulemaking procedures, the Ohio Supreme Court ruled today.
Regulator Improperly Granted Approval for FirstEnergy-Affiliate to Operate
The Public Utilities Commission of Ohio (PUCO) improperly allowed First Energy Advisors to begin operations without first determining that the company was fit and capable of complying with Ohio law, the Ohio Supreme Court ruled today.
Death Penalty Affirmed for Lawrence County Man Who Confessed to Murders
The Ohio Supreme Court today affirmed the conviction and death sentence of a Lawrence County man who confessed to killing his cousin, her 8-year-old son, and two other family members.
Insurance Doesn’t Cover Nightclub’s Sewer Damage
“Sewage” is included under an insurance policy exclusion that prevents coverage for damage caused by “water that backs up or overflows from a sewer,” the Ohio Supreme Court ruled today.
Closed Online School Cannot Challenge Order to Repay State $60 Million
The State Board of Education’s decision that a defunct online community school must return $60 million because it inflated enrollment figures is final and cannot be appealed, the Ohio Supreme Court ruled today.
Mom’s Cocaine Conviction Vacated for State’s Failure to Establish Venue
The mere presence of cocaine in a woman’s system at the time that she gave birth in a Seneca County hospital was not sufficient to charge her with felony cocaine possession in Seneca County, the Ohio Supreme Court ruled today.
Two School Districts Battle Over Development’s Tax Revenues
In 1990, a vision was unveiled for a southeast corner of Cuyahoga County. Plans for 700 acres of commercial development, named Chagrin Highlands, would be the future home of a major corporation’s headquarters as well as offices for other businesses, shops, and even a hotel.
Man Who Scheduled Fistfight and Shot Rival Can Be Retried for Aggravated Murder
A Hamilton County man who shot and killed his ex-girlfriend’s boyfriend can be retried for aggravated murder, the Ohio Supreme Court ruled today, because an appeals court improperly invalidated the jury’s verdict by substituting its own opinion about what the evidence showed.
Hospital Executive Unable to Serve as Expert Witness
A physician employed in an executive position who does not directly oversee physicians treating patients does not meet the requirements to testify as an expert witness in a medical malpractice lawsuit, the Ohio Supreme Court ruled today.
Hamilton County Natural Gas Pipeline Project Approved
The Ohio Supreme Court today approved construction of a 14-mile natural gas pipeline through Hamilton County, rejecting objections from city officials in Reading and Blue Ash and those of a citizen’s group.
Suspended Columbus Attorney Caught Practicing Law Now Disbarred
The Ohio Supreme Court today disbarred a Columbus attorney for representing multiple clients with conflicting interests, practicing law while under suspension, and failing to cooperate in a disciplinary investigation.
Cincinnati Billboard Tax Violates the First Amendment
The Ohio Supreme Court today permanently enjoined the city of Cincinnati from enforcing an excise tax on billboard advertising imposed in 2018 to help close a $2.5 million city budget deficit, holding that it violated the billboard operators’ First Amendment rights.
Court Had No Obligation to Determine if Couple’s Attorney Had Conflict of Interest
A Cuyahoga County trial court had no obligation to question whether the attorney jointly representing a husband and wife pleading guilty to drug-related charges had a conflict of interest, the Ohio Supreme Court ruled today.
Crime Victim Seeks Reimbursement of Lost Wages
Prosecutors and victim rights advocates join a county prosecutor in arguing that the right to restitution in a 2017 constitutional amendment includes wages lost when victims attend court proceedings.
Opioid Distributor Turns to Insurance Company for Protection against Government Lawsuits
Faced with thousands of lawsuits from local governments responding to the opioid epidemic, the makers, distributors, and suppliers of prescription painkillers have turned to their business insurance providers for help.
Assisting Inmate’s Attempt to Oust Prosecutor Brings UPL Charge
A Newark woman committed the unauthorized practice of law when she offered legal advice and assistance to an Ohio prison inmate on a quest to have the Licking County prosecutor removed from office, the Ohio Supreme Court ruled today.
Law Change Supports Market-Rate Leases for Tax Values
A 2012 change in state law describing how to tax commercial property was not intended to consider a leased property as vacant, the Ohio Supreme Court ruled today as it rejected an attempt to lower the taxable value of a Lowe’s Home Center by nearly $2.7 million.
Ottawa County Judge Sanctioned over Facebook
The Ohio Supreme Court today sanctioned an Ottawa County common pleas court judge for engaging in Facebook conversations over a six-month period with an offender who had both civil and criminal matters pending before the judge.
Political Rival Can Access Confidential Letter to Auditor
A copy of a legal-opinion letter to a county auditor must be turned over to a political challenger because the auditor had disclosed its contents, the Ohio Supreme Court ruled today.
Retired Cincinnati-Area Lawyer Fined for Unauthorized Practice of Law
Retired Ohio lawyer and radio personality Eric Deters was fined $6,500 for engaging in the unauthorized practice of law by providing case-specific legal advice to clients of his former law firm, the Ohio Supreme Court ruled today.
First District: Pawnshop Owes Theft Victim for Deconstructing Stolen Jewelry
An Ohio appeals court is sending a dispute between a Hamilton County pawnshop and a victim of stolen jewelry — that reached the Ohio Supreme Court — back the trial court for the fourth time in seven years.
Death Sentence Vacated over Advisement of Defendant Rights
Because the trial judge failed to verbally advise George C. Brinkman at the time he pleaded guilty that he was waiving his rights to confront witnesses against him and to have his guilt proved beyond a reasonable doubt, the Ohio Supreme Court today vacated his convictions and death sentences.
Deadline Extensions Implemented During Coronavirus Crisis Apply to Tax Appeals
A state “tolling” law enacted during the coronavirus crisis postponed the running of time limitations for filing legal documents, and that law applies to appeals submitted to the Board of Tax Appeals, the Ohio Supreme Court ruled today.
County’s Use of Cursory Meetings Questioned
The Portage County commissioners’ use of a “consent agenda,” allowing them to conduct all of the official business of its solid waste district in less than a minute, may have violated the Ohio open meetings act, the Ohio Supreme Court ruled today.
Error in Modifying Divorce Decree Does Not Make Pension-Division Order Void
When a domestic relations court improperly orders pension benefits to be divided in a way that is contrary to a prior divorce decree, that error does not make the court’s order void and unenforceable, the Ohio Supreme Court ruled today.
Two Attorneys Suspended for Mishandling Client Cases
Two northern Ohio attorneys received partially stayed suspensions today after unsuccessfully arguing to the Ohio Supreme Court that they should not be barred from practicing law.
Death Sentence Upheld for Man Who Suffocated Victim
The Ohio Supreme Court today affirmed the death penalty imposed on James Worley for the 2016 murder of a 20-year-old girl he bound and suffocated.
Hamilton County Lawyer Suspended after Paralegal Embezzled from Office
The Ohio Supreme Court today suspended a Hamilton County lawyer for one year, with six months stayed, for several professional conduct violations, including failure to properly oversee a paralegal who embezzled $200,000 from his law office.
Cleveland Heights Lawyer Caught in Sting Operation Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Cleveland Heights attorney convicted of attempted unlawful sexual conduct with a minor.
OSU Airport Entitled to Retain Tax-Exempt Status
The Ohio Supreme Court today rejected a challenge to the Ohio State University Airport’s tax-exempt status, finding the operation of a public airport enhanced the university’s educational programs in a direct and significant manner.
State Can Pursue Volkswagen for Emission-Control Tampering Scandal
Although Volkswagen agreed to a federal settlement over its manipulation of emissions-control systems, federal law does not prevent Ohio from invoking state law to sue the carmaker for tampering with the systems, the Ohio Supreme Court ruled today.
Elyria Attorney Suspended for Overbilling County for Court-Appointed Work
The Ohio Supreme Court today suspended an Elyria lawyer for two years, with one year stayed, for conduct relating to her 2020 theft conviction for overbilling Lorain County for work she did as a court-appointed attorney.
Stop of Driver Based on Shout of ‘That Lady is Drunk’ Permitted
A state trooper was parked in a service station lot doing paperwork when a customer directed the officer’s attention to another patron’s car and yelled: “Hey, you need to stop that vehicle. That lady is drunk.”
Execution Protocol Established by State Prison System on Trial
Two men on death row believe Ohio’s process for executing prisoners is invalid because of the way it was put into place.
Teachers, Staff Must Have Peace Officer Training or Experience to be Armed at School
Ohio school teachers, administrators, and staff members are not permitted to carry firearms while on duty unless they have completed basic peace officer training or have had 20 years of experience as a peace officer, the Ohio Supreme Court ruled today.
Driver Seeks Damages After Collision with Fortified Rural Mailbox Left Him Paralyzed
Frustrated by teenage vandals cracking the wooden post of his mailbox, Matthew Burr built a new mailbox using an 8-inch diameter steel pipe he obtained from the scrap yard where he worked and buried the pipe three feet into the ground.
Prison System’s Withholding of Execution Records Approved, but Penalized for Delays
The Ohio Department of Rehabilitation and Correction (DRC) was entitled to withhold information related to carrying out executions by lethal injection requested by a law firm, but must pay the firm $500 and a yet-to-be determined amount in legal fees for waiting three months to respond, the Ohio Supreme Court ruled today.
30 Years Later, Prosecutors Can Seek Murder Charge for Cleveland Playground Shooting
A man may be tried for murder based on a shooting that occurred 27 years before the victim’s death because there no was evidence that the defendant's earlier no contest plea to attempted murder was a result of a deal with prosecutors that he wouldn’t be prosecuted further, the Ohio Supreme Court ruled today.
Hamilton County Judicial Candidate Reprimanded for False Statements
The Ohio Supreme Court today affirmed a public reprimand and $1,000 fine levied against a Hamilton County judicial candidate for disseminating false information about her opponent in the 2020 Republican primary election.
Community School Group Entitled to Additional Funds for ‘Quality Schools’
Twelve Horizon Science Academies were wrongfully disqualified from additional state funding for “community schools of quality,” the Ohio Supreme Court ruled today.
Twelfth District: Lawmaker’s Attempt to Jail Governor for COVID Orders Rejected
The Clermont County Prosecutor’s Office spent five hours reviewing a former state lawmaker’s claim that Gov. Mike DeWine should be charged for terrorism and other crimes for his handling of the COVID-19 pandemic before rejecting the idea.
Botanical Garden Dustup Rooted in 139-Year-Old Deed
The climate is heated between Cleveland’s botanical garden, which sits in Wade Park, and the heirs of the benefactor who donated the land.
Grandmother Pursues Right to Sue Caseworkers for Toddler’s Death
Clues to whether a toddler’s death at the hands of her parents could have been prevented may reside in state database known as SACWIS.
Attorney Who Struck Police Cruiser While Intoxicated Receives Stayed Suspension
The Ohio Supreme Court today imposed a fully stayed one-year suspension on a Cleveland-area attorney who struck a parked police car while driving under the influence of alcohol and fled the scene.
Former Ohio Attorney Receives Additional Suspension for Abandoning Clients
The Ohio Supreme Court today imposed an additional two-year suspension on an attorney for abandoning two clients and failing to cooperate in disciplinary proceedings.
Township Must Release Legal Bill in Public Records Case
The Ohio Supreme Court ruled today that a Stark County man is entitled to an invoice detailing legal fees incurred in defending Plain Township, even though the invoice was not in the township’s possession.
Court Disbars Attorney Who Sexually Abused Students as Teacher
The Ohio Supreme Court today disbarred a former Lake County school teacher-turned-lawyer who is serving almost 30 years in prison for criminal convictions based on coercing two of his teenage high school students to have sexual contact with him.
Country Club Fights to Keep Leasing Ancient Earthworks Site Used for Golf Course
A Newark country club has dug in its heels over giving up its century-long lease of the grounds and golf course that are the site of geometric earthworks roughly 2,000 years old.
Trooper’s Right to Act on Shout of ‘That Lady is Drunk’ Contested
“If you see something, say something,” the state of Ohio urges in a brief submitted to the Ohio Supreme Court, quoting a well-known U.S. Department of Homeland Security request to all citizens.
Lawyer’s Suspension Extended due to Michigan Disbarment
A proposed two-year suspension for a Lorain County lawyer was extended to an indefinite suspension by the Ohio Supreme Court today after the lawyer failed to disclose to disciplinary investigators that he had been disbarred in Michigan.
Lorain County Attorney Receives Third Suspension
Because he was suspended twice before, a Lorain County attorney’s failure to diligently represent a client landed him a two-year suspension from the Ohio Supreme Court today.
Lawyer Jailed for Client Theft Permanently Disbarred
The Ohio Supreme Court today permanently disbarred a Delaware County lawyer who was convicted of felony theft for misappropriating funds from a mentally incompetent client and continued to practice law after agreeing to cease during his pending criminal proceedings.
Court Accepts One, Rejects Three Requests to Practice Law
The Ohio Supreme Court today considered four requests for permission to practice law in Ohio.
Mineral Rights Preserved by Reference to Specific, Identifiable Reservation
A reference to a prior reservation of oil, gas, and coal rights in a land title need not identify the name of the mineral rights owner if the language in the reference is sufficiently specific to identify the owner in the chain of title, the Ohio Supreme Court ruled today.
State Must Act on Medical Marijuana Cultivator’s Request to Grow More Product
After more than a year of inaction, the Ohio Department of Commerce must decide whether to permit an Akron-based medical marijuana cultivator to expand its operations, the Ohio Supreme Court ruled today.
Cleveland Woman Fined for the Unauthorized Practice of Law
The Ohio Supreme Court today levied a $5,000 fine against a woman for the unauthorized practice of law because she helped a friend settle an auto accident claim and tried to help him conceal the settlement proceeds from a bankruptcy court.
ECOT Continues Appeals of $60 Million Refund Order
A shuttered online school is making a new attempt to overturn a state education department order to refund tens of millions of taxpayer dollars paid to the school.
NE Ohio Woman Fined $10,000 for Unauthorized Practice of Law
The Ohio Supreme Court today fined a northeastern Ohio woman $10,000 for the unauthorized practice of law, including preparing a will for a 93-year-old Navy veteran.
Medina County Attorney Suspended for Neglecting Client Matters
The Ohio Supreme Court today indefinitely suspended a Medina County lawyer for neglecting several client matters, lying to her clients about their cases, and lying to the disciplinary investigators to conceal her misconduct.
Teen Sentenced to 141 Years Drops Appeal due to New Law
A new state law granting parole hearings for juveniles imprisoned for adult crimes has led a Youngstown man to drop his third appeal of a sentence originally set at 141 years.
Defense Challenges Marsy’s Law ‘Right’ of Accuser to Sit with Prosecutor
In November 2017, Ohio voters overwhelmingly approved Marsy’s Law, which enhanced the rights of crime victims, including securing the right of victims to be present in the courtroom during the trial of the accused perpetrator.
Controversy Ensues over Skills Needed When Schools Arm Their Staffs
A Butler County school board maintains a state law doesn’t define the training required for school teachers and staff who are authorized to carry weapons on school grounds. A group of parents in the school district disagree.
Law Against Carrying Gun while Intoxicated Ruled Constitutional
The Ohio Supreme Court today upheld the conviction of a Clermont County man for holding a shotgun in his home while intoxicated.
Time Limit for Medical Malpractice Cases Prevents Claims against Spine Surgeon
Patients claiming medical malpractice by a spine surgeon and Cincinnati-area hospitals waited too long to refile their cases when they attempted to move the cases from Butler County to Hamilton County, the Ohio Supreme Court ruled today.
Driving on Outer Edge Line Not Traffic Violation
An Ohio State Highway Patrol trooper incorrectly charged a motorist with a traffic violation for driving on – but not over – the single solid white line on the right edge of a state highway, the Ohio Supreme Court ruled today.
Newspaper Notice Allowed after Reasonable Search for Unknown Oil and Gas Rights Owners
Surface property owners seeking to have mineral rights declared abandoned must use “reasonable diligence” to locate unknown heirs and others who might have inherited the mineral rights to the property, the Ohio Supreme Court ruled today.
Death Penalty Overturned for Portage County Man Who Killed College Student
The Ohio Supreme Court today set aside the death sentence imposed on a man who shot and killed a Kent State University student during a robbery.
Doctor’s Revised Will Written on Index Card Rejected
A companion to a deceased sleep clinic founder cannot inherit one-fourth of his estate based on a revised will the psychologist wrote on an index card nearly 40 years after creating a formal will, the Ohio Supreme Court ruled today.
Sufficient Evidence from Drug House Proved Pattern of Corrupt Activity
Sufficient evidence, including video clips of three men making and selling crack cocaine, allowed a jury to conclude that the defendants engaged in a pattern of corrupt activity, the Ohio Supreme Court ruled today.
Doctor’s Admission to Medical Board Can Be Used in Criminal Case
A state medical board investigator did not violate the constitutional rights of an Allen County doctor by providing police with the doctor’s admission that he inappropriately touched patients, the Ohio Supreme Court ruled today.
Flower Shop’s Use of Competitor’s Name on Website Not Deceptive Sales Practice
Green Thumb Floral & Garden Center did not commit a deceptive trade practice when it used the website name www.woosterfloral.com, the trade name of a competing flower shop, to direct customers to Green Thumb’s website, the Ohio Supreme Court ruled today.
Death Penalty Upheld for Man Who Killed Two Women in Ashland
The Ohio Supreme Court today unanimously affirmed the convictions and death sentences for a man who murdered two women and abducted and raped another woman.
Father Entitled to Records Involving Son’s Student Sex Conviction
The father of an imprisoned former school teacher is entitled to public records of his son’s conviction on sex charges, the Ohio Supreme Court ruled today.
Regulator Must Reconsider Authority to Oversee Utility Resellers
The Public Utilities Commission of Ohio (PUCO) exceeded its authority when it made up a test, rather than follow state law, when determining that a “submetering” company was operating as an unregulated public utility, the Ohio Supreme Court ruled today.
Patient Can Pursue Hospital Suit for Alleged Abuse by Uncharged Doctor
A patient allegedly assaulted by a doctor while sedated does not have to prove the doctor is guilty of a crime or civilly liable before suing the hospital for lack of oversight, the Ohio Supreme Court ruled today.
Association Directors Not Immune from Lawsuit
A Butler County trial court improperly cited the “litigation privilege” to end an Ohio manufacturer’s quest to obtain a $43 million judgment it won from an association that made false and disparaging claims about its building products, the Ohio Supreme Court ruled today.
Teen’s Sex Crimes Confession to Caseworker Can Be Used in Court
A Cuyahoga County child-abuse investigator did not violate the constitutional rights of a 13-year-old boy when she provided police with a confession she obtained from him in which he admitted having sexual activity with a 12-year-old girl, the Ohio Supreme Court ruled today.
Attorney Disbarred for Practicing under Suspension
The Ohio Supreme Court today disbarred a Columbus attorney for practicing law while under suspension and lying to the Supreme Court, his clients, and disciplinary officials about his activities.
Court Must Consider Two State Laws on Oil and Gas Rights
The Ohio Marketable Title Act (MTA) and the Ohio Dormant Mineral Act (DMA) provide separate procedures, either of which may be used by surface property owners to terminate claims of oil and natural gas rights, depending on the circumstances and the time that has elapsed, the Ohio Supreme Court ruled today.
Video of Judge Shooting Must Be Released By Jefferson County
Video from an exterior Jefferson County Courthouse security camera that captured the shooting of a judge is not a “security record” and must be released to the Associated Press, the Ohio Supreme Court ruled today.
Court of Claims: State Health Department Must Release Hospital Records
The Ohio Court of Claims has ordered the state health department to release hospital data about daily bed capacity, medical supplies, and staffing levels during the continuing COVID-19 pandemic.
School Not Required to Release Records of Deceased Dayton Shooter
Bellbrook-Sugarcreek Local School District does not have to release to the news media the school records of Connor Betts, who killed nine and injured 27 others in a 32-second mass shooting in Dayton last year, the Ohio Supreme Court ruled today.
Legislature Can Centralize Local Business Taxes, Court Rules
The state of Ohio has the authority to create a centralized system for the collection of all municipal business income taxes but cannot charge local governments a fee to cover its administrative costs, the Ohio Supreme Court ruled today.
Reemployed Retirees Can Pursue Legal Claim for Health Insurance Subsidies
The Ohio Supreme Court today allowed a group of public employees to continue their legal challenge to the way the state’s largest public employee retirement system helps pay for the cost of healthcare insurance.
Judge Authorized to Impose One-Year Prison Term for Failure to Complete Treatment Programs
A Richland County man was ejected from a court-ordered treatment program, which violated the conditions of his community control. The Ohio Supreme Court ruled today that this violation did not qualify as a “technical violation,” allowing a judge to send the man to prison
Court Upholds Heroin Dealer’s Conviction for Death of User
During the trial of an accused drug dealer whose sale of heroin led to the user’s death, a jury was properly instructed that the dealer could be held responsible if the drugs he sold caused the user’s death by overdose, the Ohio Supreme Court ruled today.
Attorney Fees Denied for Wendy’s Owner Who Won Licking County Highway Access Dispute
Owners of a Licking County Wendy’s restaurant who successfully sued to have the Ohio Department of Transportation (ODOT) compensate them for cutting off highway access to State Route 16 are not entitled to received attorney fees and court costs from the state, the Ohio Supreme Court ruled today.
Stolen Property Values Can Be Combined to Increase Theft Charge Regardless of Victim’s Status
A state law allows for a greater penalty for a person convicted of committing multiple thefts against a single victim and broadens the protection for the elderly, disabled, and military personnel, the Ohio Supreme Court ruled today.
Court Clarifies Process for Terminating Shared-Parent Plans
The Ohio Supreme Court today clarified that when parents terminate a shared-parenting plan and seek to designate one parent as the residential parent and child’s legal custodian, a trial court need only to determine the child’s best interest when selecting the parent.
State Cannot Challenge Erroneous Prison Sentence 18 Years Later
When a trial court makes an error during criminal sentencing, the mistake cannot be challenged through postconviction proceedings, the Ohio Supreme Court ruled today.
Toledo-Area Lawyer’s False and Inflammatory Accusations Leads to Suspension
The Ohio Supreme Court today suspended a Lucas County attorney for two years, with six months stayed, for levying false and inflammatory accusations against opposing attorneys, a magistrate, parties in two of his cases, and disciplinary officials hearing the complaints against him.
Amazon Not Liable for Teen’s Death from Pure Caffeine Powder
Amazon never had possession or control of the caffeine powder that led to a Lorain County teen’s death, so the company cannot be held liable
Court Need Not Instruct Jury to Consider Lesser Charge in Child Murder Case
A woman convicted of felony murder for killing a 5-year-old girl while trying to discipline her was not entitled to have a jury consider a lesser charge of reckless homicide, the Ohio Supreme Court ruled today.
Lucas County Judge Sanctioned for Interfering in Another Judge’s Case
The Ohio Supreme Court today issued a fully stayed six-month suspension to Lucas County Common Pleas Court Judge Michael R. Goulding for interfering in a case assigned to another judge in order to do a favor for a friend.
Death Penalty Upheld for Kentucky Man Who Killed Ex-Girlfriend on Ohio Highway
The Ohio Supreme Court today affirmed the death penalty for a Kentucky man who kidnapped and killed his ex-girlfriend on Interstate 75 in Ohio after murdering her 17-year-old son in her Mayfield, Kentucky, home.
Court Clarifies Rule on Admissibility of ‘Other-Acts’ Evidence
In two criminal cases, the Ohio Supreme Court today clarified the standards under which a prosecutor may introduce evidence of a defendant's prior bad acts in a trial for a new crime.
Utility Regulator Lacked Jurisdiction to Consider Meter-Reading Error
Because Duke Energy was not acting as a “public utility” when managing the meter of an electric supplier to a large southwestern Ohio industrial customer, state regulators lacked jurisdiction to find Duke provided inadequate service when meter data was miscalculated, the Ohio Supreme Court ruled today.
Put-in-Bay’s Tax on Rental Vehicles Constitutional
The island village of Put-in-Bay’s fee on rental vehicles ranging from bicycles to trolleys does not violate the Ohio Constitution, and businesses that offer vehicle rentals must pay the city fee, the Ohio Supreme Court ruled today.
Jail-Time Credit Not Awarded for Time under House Arrest
A criminal defendant is not entitled to jail-time credit while under postconviction house arrest or postconviction electronic monitoring because state law only grants credit to those confined to a public or private facility “intended for penal confinement,” the Ohio Supreme Court ruled today.
Lawyer Suspended after Accusing Court of Scheming against Her
The Ohio Supreme Court today indefinitely suspended a Cleveland attorney who disparaged judicial officers, an estate attorney, disciplinary counsel, and a police officer, alleging they lied and conspired to allow for the sale of her deceased mother’s property for less than its fair-market value.
Workers Cannot Claim Invasion of Privacy after Direct-Observation Urine Tests
When workers at a private company provide urine samples for drug testing under the “direct-observation method” they cannot sue their employer for invasion of privacy, the Ohio Supreme Court ruled today.
County Commissioners Can Proceed with Hospital Trustee Removal Effort
The Morrow County Board of Commissioners can proceed with efforts to remove the former chairman of the county’s hospital board, who has clashed with the commissioners over granting OhioHealth a contract to manage the county-owned hospital, the Ohio Supreme Court ruled today.
Malpractice Case Commenced Too Late to Sue Retired Anesthesiologist, Medical Providers
The Ohio Supreme Court today rejected a claim by a man suing a Columbus-based anesthesiologist that even though he was unable to locate the doctor to serve him with the lawsuit until after the statute of limitations had run, he was entitled to extra time under Ohio’s “savings statute .”
Court Suspends Cincinnati Attorney Who Failed to Comply with Federal Court Rules
The Ohio Supreme Court today suspended a Cincinnati attorney for two years, with one year stayed, for misconduct that also landed him a two-year ban from practicing in a federal district court in Kentucky.
Court Affirms Death Resentencing in Teen Murders
After ordering a second sentencing hearing for a Cincinnati man convicted of murdering two teenaged girls and two women, the Ohio Supreme Court today affirmed the death sentence imposed for the slaying of the two teens.
Appeals Court Directed to Determine Validity of Man’s Request to Represent Himself
The Ohio Supreme Court sent a Fremont man’s challenge to his conviction back to a lower court for further proceedings after accepting a trial transcript that was not previously part of the record.
Franklin County Judge Reprimanded for Drunken Driving Conviction
The Ohio Supreme Court today publicly reprimanded a Franklin County judge whose blood alcohol level was more than twice the legal limit when she was arrested for drunken driving.
Law Directing Drivers to Stay in Lanes Arrives at Supreme Court
An Ohio traffic law requires driving within the lanes marked on roadways, but the state’s appeals courts, prosecutors, and drivers disagree about whether it prohibits driving on the lines or only bans traveling across those lines.
Court Confirms Postrelease Control Sanction Can Be Challenged Only on Direct Appeal
The Ohio Supreme Court today ruled for a second time this year that challenges to errors by trial courts imposing postrelease control may be raised by an offender only on direct appeal.
Conviction Not Required to Pursue Civil Lawsuit Based on Criminal Acts
Ohio law allows a person to pursue a civil lawsuit based on injuries caused by a criminal act without having to show the crime resulted in a conviction , the Ohio Supreme Court ruled today.
Fugitive Doctor Challenges Former Patients’ Right to Sue
A fugitive doctor accused of botching hundreds of spine surgeries is striking back at some of his former victims, accusing them of a botched judge-shopping scheme that he argues should cost the patients their right to sue.
New Trial Based on Juror’s Letter Expressing Regret Denied
The Ohio Supreme Court today held that a new trial was not warranted in a case where, following a jury trial, a juror wrote a letter claiming that she had agreed to a Friday-evening verdict to avoid having to return for jury deliberations the following week.
Immigrant Charged with Sex Crimes Cannot Withdraw Plea Based on Faulty Legal Advice
A Romanian national failed to prove that had he been given accurate information about the potential of being deported by pleading guilty, he would have instead chosen a trial to fight the charges against him, the Ohio Supreme Court ruled today.
Death Penalty Affirmed for the Murderer of Disabled Youngstown Woman
The Ohio Supreme Court today affirmed the conviction and death sentence of a Youngstown man who murdered a disabled woman he briefly lived with, then tried to kill her mother, and set them both on fire.
Death Penalty Affirmed for East Cleveland Killer Who Killed Three Women
The Ohio Supreme Court today affirmed the conviction and death sentences of an East Cleveland man who killed three women over the course of nine months and disposed of their bodies in garbage bags near his apartment.
Father-Son Attorneys Suspended for Trial Antics, Disparaging Judge on Facebook
The Ohio Supreme Court today suspended a Sandusky attorney for one year, with six months stayed, for refusing to participate in the trial of his client — charged with raping children — shortly after the trial started because he could not secure a continuance.
Mercedes Owner Cannot Sue Company after Not Properly Opting Out of Class-Action Lawsuit
A vehicle owner who did not follow a federal court’s required procedure for opting out of a class-action lawsuit is barred from personally suing Mercedes-Benz over a faulty balance-shaft gear, the Ohio Supreme Court ruled today.
Noncriminal Violations of Community Control Can Lead to Extended Prison Sentences
Violation of a community control order tailored to address behavior that contributes to criminal conduct can lead to prison sentences greater than six months, the Ohio Supreme Court ruled today.
Prosecutor and News Media Debate Release of Video from Judge Shooting
A news organization has requested the release of a court surveillance system video that recorded the shooting of a Jefferson County judge outside the courthouse in August 2017.
Courts Not Required to Consider Defendant’s Ability to Pay When Weighing Court Costs
A trial court does not have to consider a convicted criminal defendant’s present or future ability to pay court costs when considering the defendant’s request to have the costs waived, suspended, or modified, the Ohio Supreme Court ruled today.
County Not Obligated to Pay Judge’s Legal Fees for Courtroom Control Dispute
Greene County does not have to pay the more than $66,000 in attorney fees and expenses incurred by the county probate court judge during a legal dispute about courtroom use because the judge did not follow the process in state law for securing payment, the Ohio Supreme Court ruled today.
Educators Resist Lawsuit Arising from Kindergarten Bullying Incident
Ohio courts haven’t considered “imperfect supervision” by public school teachers and administrators to be the kind of reckless behavior that would make the schools liable for a student’s injuries.
Class Action Improper to Challenge Recouping Medicaid Money from Personal-Injury Lawsuits
Ohio law now requires a Medicaid recipient to use an administrative appeals process when claiming the state recouped too much of the money a recipient received from a third-party wrongdoer, the Ohio Supreme Court ruled today.
Court Approves Annexation of Central State University Land Via Bike Trail
The Ohio Supreme Court today approved the city of Xenia’s proposed “balloon-on-a-string” annexation of land used by Central State University, finding the plan met all the conditions of the state’s expedited annexation process.
City Blocked from Using Traffic-Camera Violations Appeals Process
Toledo cannot use an “administrative” procedure to hear appeals of traffic tickets issued through red-light and speed-detection cameras because state lawmakers gave municipal courts exclusive authority to consider the matters, the Ohio Supreme Court ruled today.
Columbus Attorney Convicted for Child Pornography Possession Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Columbus attorney convicted in a 2019 child pornography case.
Spouse’s Mental Health Records May Be Revealed in Child Custody, Spousal Support Cases
A person whose spouse is seeking custody and spousal support in a divorce can obtain the spouse’s confidential mental health records that are deemed by a court to be relevant to the divorce, the Ohio Supreme Court ruled today.
Court Upholds Woman’s Life Sentence for Conspiring to Kill Informant
The Ohio Supreme Court today affirmed the life sentence of a Cuyahoga County woman who conspired to murder a police informant and was complicit in the acts leading to his death.
Lorain Attorney Indefinitely Suspended for Neglecting Several Clients
The Ohio Supreme Court today indefinitely suspended a Lorain County attorney for repeatedly neglecting client matters and failing to cooperate with disciplinary proceedings.
Repeat-Offender Penalty Cannot Be Imposed for Earlier Sex Crime
The state cannot impose a repeat-offender penalty for a sex crime that occurred before but was not discovered until after a later sex crime conviction, the Ohio Supreme Court ruled today.
Mansfield Attorney Suspended for Dodging Malpractice Settlement Payment
The Ohio Supreme Court today suspended a Mansfield attorney who “actively avoided” paying a settlement to a former client who sued him for legal malpractice.
Court’s Ban on Future Social Media Postings about Relatives Unconstitutional
The Ohio Supreme Court today vacated portions of Mercer County civil stalking protection orders that prohibited a man from posting anything on social media about his mother and sister, whom he accused of contributing to the deaths of their husbands.
Lucas County Judge Publicly Reprimanded for Attempting to Scuttle Drunken-Driving Charge
The Ohio Supreme Court today publicly reprimanded a Lucas County Common Pleas Court judge who tried to convince Ohio State Highway Patrol officers not to charge him with drunken driving by telling the troopers the conviction “will kill me.”
Paralegal Who Lied about Working Under Attorney’s Supervision Fined $5,000
The Ohio Supreme Court today sanctioned the operator of a Cuyahoga County loan modification business for the unauthorized practice of law and fined her $5,000.
Laser Speed-Detector Results Admissible Without Expert Witness Verification
The results of radar or laser speed-measuring devices can be admitted in court to convict speeders without an expert witness testifying to, or noting, any prior Ohio court ruling affirming, the scientific principles of the technology, the Ohio Supreme Court ruled today.
Tug of War over Ohio’s Oil and Gas Riches Rolls on
Another tussle between landowners in eastern Ohio and the holders of mineral rights has made its way to the state’s court of last resort. An heir to mineral rights under 108 acres in Guernsey County is staking a claim against the property owners, who took back the mineral rights in 2012.
Portage County Attorney Suspended for Illegally Thwarting Client’s Prosecution
The Ohio Supreme Court today indefinitely suspended a Portage County attorney for committing a felony with the intent of thwarting the domestic-violence prosecution of one of his clients, and for several serious ethical violations made while representing other clients.
Error in Jury Selection Did Not Automatically Require a New Trial
Allowing a prosecutor to remove a juror after the prosecution waived its final juror challenge is an error, but does not violate a criminal defendant’s constitutional rights.
Searchers for ‘Red Flags’ in Shooter’s School Records Challenge Claim that Privacy Laws Block Release
Dayton became the center of international media attention on Aug. 4, 2019, when 24-year-old Connor Betts opened fire outside a bar in Dayton’s Oregon District, killing nine and injuring 27 before police shot and killed Betts.
‘Senior Paralegal’ Engaged in Unauthorized Practice of Law
An Ohio man received the maximum penalty – a $10,000 fine – for the unauthorized practice of law from the Ohio Supreme Court today. The man had charged a small business owner $2,100 for legal services, and took another $1,000 from her.
Adult Registration as Sex Offender Based on Juvenile Court Orders Constitutional
Requiring a Hamilton County man to register as an adult sex offender for acts he committed while he was a juvenile does not violate his constitutional rights, the Ohio Supreme Court ruled today.
Middletown Lawyer Who Asked Client for Painkillers Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Middletown attorney for ethical violations that resulted from two criminal convictions and misusing client funds.
Failure to Properly Impose Postrelease Control Renders Sentence Voidable But Not Void
When a trial court fails to properly impose postrelease control during criminal sentencing, the sentence is voidable, not void, and the error must be raised on direct appeal, the Ohio Supreme Court ruled today.
Cleveland-Area Lawyer Indefinitely Suspended for Role in Investment Scam
The Ohio Supreme Court has indefinitely suspended a Cleveland-area lawyer for his role in helping a firm bilk more than 70 investors out of $31 million over four years.
Takeover of Academically Distressed School Districts Ruled Constitutional
State lawmakers did not violate the Ohio Constitution when they added a 67-page amendment allowing the takeover of academically distressed local school districts to a 10-page bill and passed the measure on the same day, the Ohio Supreme Court ruled today.
Toledo Lawyer Suspended, Must Pay Clients $30,000 for Neglecting Cases
The Ohio Supreme Court today suspended a Toledo attorney for two years for engaging in a pattern of neglecting client matters, soliciting sex from a client, and failing to return fees for work he did not do.
Attorney Who Owned Mobile Phone Business Suspended for Tax Fraud
The Ohio Supreme Court today suspended a Central Ohio attorney who spent a year in prison for filing a false federal tax return.
New Owners of Old Auto Parts Maker Entitled to New Unemployment Tax Rate
For unemployment tax payment purposes, a new company does not inherit an old company’s tax rate unless it is under “common ownership, management, or control” at the time of the legal transfer, the Ohio Supreme Court ruled today.
Auto Policy Can Be Cancelled If Policyholder Misstated Information When Applying
Nationwide Insurance’s warning to a Mahoning County auto policyholder that making a misstatement in the application could result in cancelling her policy was sufficient to void the policy and not cover an accident caused by her sister, the Ohio Supreme Court ruled today.
Cities Attack State Takeover of Municipal Taxes as Violation of Home Rule Powers
Nearly 200 cities and villages across Ohio have sued the state over the General Assembly’s steps in recent years to centralize municipal tax filings and collection.
Mason Attorney Suspended for Neglecting Client Matters
A Mason, Ohio, attorney was suspended today for two years, with 18 months stayed, for professional misconduct, including two instances where he terminated his representation without notifying the clients.
Single Insurance Policy Does Not Have to Cover Damages Occurring Over Several Years
An Ohio chemical manufacturer cannot use an insurance company’s one-year policy to recover millions of dollars in damages it paid for selling faulty resin over the course of several years, the Ohio Supreme Court ruled today.
Akron Attorney Suspended after Soliciting Sex from Undercover Officer Posing as Minor
The Ohio Supreme Court today indefinitely suspended an Akron attorney after he was convicted of soliciting sex from an undercover officer posing online as a 15-year-old boy.
Rape Shield Blocks Questions about Accuser’s Nonconsensual Sexual Activity
Ohio’s rape shield law prohibits an accuser’s consensual and nonconsensual sexual activity from being admitted as evidence
Family Wants Amazon to Pay for its Role in Sale of Dangerous Product that Killed Teen Athlete
Logan Stiner was a high school wrestler in Lorain County when he asked his friend about “pre-workout” supplements to enhance his training.
Court Suspends Lawyer Convicted for Illegally Taking More than $128,000 from Client
The Ohio Supreme Court today indefinitely suspended a central Ohio lawyer for overcharging or stealing more than $128,000 from a mentally ill client, including charging his $250 hourly legal rate for mowing her lawn.
Event Barn’s Mandatory Homegrown Wine Purchases Exempts It from Zoning Restrictions
Because a Medina County “event barn” mandated the purchase of wine made on its property as a condition for renting the barn, a township cannot prohibit the venue from operating in a residential district, the Ohio Supreme Court ruled today.
Childrens Service Agency Can Seek Permanent Custody of Children after 12 Months of Care
The Ohio Supreme Court clarified today that a children services agency must file for permanent custody of a child who has been in the agency’s temporary custody for 12 of the last 22 consecutive months.
Juvenile Court Lost Right to Send Serious Youthful Offender to Adult Prison
Hours before he was ordered to serve two years in adult prison for an offense he committed when he was 17, a Cuyahoga County man turned 21 years old, and the juvenile court lost jurisdiction to imprison him, the Ohio Supreme Court ruled today.
Court Orders New Trial for Cuyahoga County Woman Charged with Assaulting Police Officer
An Ohio appeals court should have ordered a new trial for a Cuyahoga County woman charged with assaulting a police officer rather than reduce her conviction to a lesser offense, the Ohio Supreme Court ruled today.
Portage County Judge Reprimanded for Drunken Driving Conviction
The “lip-loosening effects of alcohol” did not excuse Portage County Common Pleas Court Judge Rebecca L. Doherty from trying to use the prestige of her office to avoid a drunken driving arrest, the Ohio Supreme Court ruled today.
Father Seeks Records in Adult Son’s Sex-Offense Case Involving Student
The father of a Mercer County high school teacher convicted of sexual battery believes he was wrongly denied access to records related to his son’s prosecution. The teacher was sentenced to 20 years in prison for a two-year sexual relationship he had with a student.
Expert Witnesses Must Hand Over Written Reports at Least 21 Days before Testifying
When expert witnesses testify in criminal trials , they must stick to the information that was included in written reports shared with the opposing side 21 days in advance, the Ohio Supreme Court ruled today.
Summit County Court Improperly Enhanced Attorney-Fee Award
Court-awarded attorney fees should be calculated by determining the reasonable hourly rate multiplied by the number of hours worked, and a trial court can enhance the fee award in rare circumstances, but must provide the reasoning for the modification, the Ohio Supreme Court ruled today.
Creditor Cannot Use Indemnification Law to Collect Judgments Won against Police Officers
A person who has won a civil judgment against a public employee cannot use a state indemnification law to require the government body to pay the judgment — unless the employee requests that the employer pay, the Ohio Supreme Court ruled today.
Motorist Can Leave Accident Scene after Spending Reasonable Time Waiting for Police
Ohio law does not require a driver to remain at the scene of an accident if the driver is unaware that the police have been or will be called to the accident scene as long as the driver provides the required contact information to the operators or owners of other involved vehicles and to any person injured in the accident, the Ohio Supreme Court ruled today.
Cincinnati Lawyer Indefinitely Suspended for Neglecting Client Matters
The Ohio Supreme Court today indefinitely suspended a Cincinnati attorney for repeatedly failing to follow through with her clients’ domestic-relations matters and refusing to cooperate with disciplinary proceedings.
Juvenile Court’s 90-Day Limit to Conduct Supervision or Custody Hearings Is Mandatory
Ohio law gives a juvenile court 90 days to conduct a dispositional hearing to decide a child’s placement in protective supervision or decide custody issues after authorities file complaints alleging the child is abused, neglected, or dependent, the Ohio Supreme Court ruled today.
Being Members of Same Family Cannot Be Sole Ground for Impaired-Consent Rape Charge
Being a member of the same family does not qualify as a “mental or physical condition” that would allow for a charge of impaired-consent rape, the Ohio Supreme Court ruled today.
Part-Time Sylvania Prosecutor Suspended for Lying to Judge
The Ohio Supreme Court today suspended a former part-time Sylvania city prosecutor for six months for lying to a judge and his boss about his reasons for reducing a man’s drunken driving charge to a lesser offense.
Payment for Deposition Transcripts Cannot Be Recouped as Court Costs
A prevailing party in a civil lawsuit is not entitled to collect from the losing party the costs of acquiring the transcript of a deposition that it uses in support of a motion for summary judgment, the Ohio Supreme Court ruled today.
Former Delaware County Judge Receives Two-Year Suspension
The Ohio Supreme Court today suspended a former Delaware County municipal court judge, who is now a practicing attorney, for two years after he was convicted of attempting to collect court-appointed counsel fees while also being paid privately by a criminal defendant’s parents.
Pickaway County Township Can Only Restrict, Not Prohibit, Gravel Mining Operation
A Pickaway County township cannot deny a gravel mining permit on grounds that the use does not conform with the general rules set out for uncommon land uses in the area. But violations of a condition in the permit related to public health or safety can lead to the permit’s revocation, the Ohio Supreme Court ruled today.
Trial Courts Can Resentence Defendants After Portions of Sentences Are Overturned
When a portion of a criminal defendant’s sentence is vacated, the trial court has the authority to resentence the defendant again as long as the defendant is credited for the time served under the original flawed sentence, the Ohio Supreme Court ruled today.
Woman with Long History of Large Debt and Legal Entanglements Can Take Bar Exam in 2020
The Ohio Supreme Court today allowed a 2019 law school graduate who filed dozens of civil proceedings — including some in which she engaged in the unauthorized practice of law — and with husband accumulated nearly $900,000 in student loan debt to take the July 2020 bar exam.
Law Enforcement Can Obtain Wiretap Warrants in County Where Cell Phone Is Used
When law enforcement is authorized to wiretap a cell phone, the call is intercepted both at the place where the phone is being used and the location where officers are listening, the Ohio Supreme Court ruled today.
Health Center, Patient Clash Over Need to Pursue Sexual Assault Claim Against Doctor Before Suing Hospital
Conflicting interpretations of a single sentence in a 1998 Ohio Supreme Court ruling have brought employer groups and personal-injury victim advocates back to the state’s highest court to determine if a person harmed by an employee must first pursue civil or criminal charges against the employee before being allowed to sue the employer for negligent hiring and supervision.
Racially Biased Juror Leads to New Trial for Hamilton County Man Sentenced to Death
The Ohio Supreme Court today ordered a new trial for a Hamilton County man sentenced to death for the murder of his 2-year-old daughter because his lawyer failed to question or remove a racially biased member of the jury.
Minimal Payment of Child Support Does Not Retain Right to Stop Adoption
A parent may lose the right to object to the adoption of a child by failing, without justifiable cause, to make child-support payments “as required by law or judicial decree,” the Ohio Supreme Court ruled today.
Court Suspends Lawyer Who Repeatedly Violated Protection Order, Failed Drug Tests
The Ohio Supreme Court today suspended an Olmsted Falls attorney who repeatedly violated a protection order, lied to police about violating the order, and tested positive for cocaine use, which violated the terms of his probation.
Prosecutor Can Appeal Manslaughter Conviction Overturned by Trial Court
Prosecutors can appeal a judge’s decision granting a new trial to a Lucas County man on charges of voluntary manslaughter and seek to have the jury’s guilty verdict reinstated. But if the appeal is unsuccessful, double jeopardy prevents the man from being retried, the Ohio Supreme Court ruled today.
Search Recovering Teacher’s Recording of Girls Undressing at School Ruled Lawful
A Franklin County trial court appropriately ruled a police officer was acting in good faith when he searched a high school drama teacher’s home and found secret recordings of girls undressing in the school locker room, the Ohio Supreme Court ruled today.
Adult May Prove ‘Reasonable Parental Discipline” to Avoid Child-Injury Conviction
When a parent or caretaker is charged with a crime for injuring a child, the accused adult may prove their actions were a form of “reasonable parental discipline” as an affirmative defense to avoid a conviction , the Ohio Supreme Court ruled today.
Constitutionality of Law Prohibiting Firearm Use While Intoxicated Challenged
The Ohio Supreme Court will hear an appeal next week about a state law that bans carrying or using a firearm while intoxicated.
Logan County Lawyer Reprimanded for Seeking to Represent Jailed Woman
The Ohio Supreme Court today publicly reprimanded a Logan County attorney who said she went to the local jail to visit a woman accused of murder who she did not know to advise her of her rights, but intended to have the woman allow her to be part of her defense team.
Wrongful Termination Claim Not Allowed in Case Involving Unemployment Reporting Dispute
A Medina County court correctly dismissed the lawsuit of a restaurant server who claimed she was fired after confronting the restaurant owner for allegedly underreporting her earnings to the Bureau of Unemployment Compensation and paying less than what was due to the state, the Ohio Supreme Court ruled today.
Interstate Pipeline’s Transactions Occurring Solely within the State Can Be Taxed
The Ohio tax commissioner correctly charged a public-utility excise tax on $2 million of the $699 million of income earned by a pipeline operator for transporting natural gas solely within the state, the Ohio Supreme Court ruled today.
Lawyer Turned Local Police Chief in Mahoning County Receives Stayed Suspension
A Mahoning County attorney who also served as the Campbell police chief received a six-month, fully stayed suspension from the Ohio Supreme Court today based on his criminal conviction for illegally accessing a law-enforcement database and other professional misconduct.
Court Approves More than Doubling of New Albany Apartment Complex Value to $34.5 Million
Although the county auditor originally determined that the fair market value of an apartment complex in the New Albany area of the Columbus city school district was $16 million for tax year 2015, the Ohio Board of Tax Appeals (BTA) properly increased the valuation to $34.5 million based on a sale of the property in 2015, the Ohio Supreme Court ruled today.
Cleveland’s Claim of Workers’ Compensation Belongs in Court of Claims
The city of Cleveland’s claim that the Ohio Bureau of Workers’ Compensation (BWC) overcharged it millions of dollars in excessive premiums more than a decade ago must be filed in the Ohio Court of Claims, the Ohio Supreme Court ruled today.
Stalking Protection Order’s Ban on Internet Posting Draws Freedom of Speech Protest
A Mercer County family dispute escalated to a point where a judge issued civil protection orders that banned a man for mentioning his mother and sister in any future social media posting. That act has drawn the attention of free-speech advocates, as well as protectors of domestic violence victims
Debt Settlement Company Fined $1,000 for the Unauthorized Practice of Law
The Ohio Supreme Court today clarified there is no blanket rule that deems a nonlawyer who negotiates the settlement of a debt on behalf of another as engaging in the unauthorized practice of law. Those who are “rendering legal services” as part of the negotiation, however, are in violation.
Two Cuyahoga County Lawyers Suspend for Attempting to Collect Excessive Fee
Two Cuyahoga County attorneys were suspended for one year after they attempted to secure a more than $1 million fee from a wrongful death case settlement, admitting they only provided an estimated 15 hours of legal work and preparation of basic court documents.
Court Upholds Extension of Ohio Power Rate Plan
The Ohio Supreme Court has again denied a challenge to an Ohio Power Company’s plan to charge customers more or give discounts for its use of power plants constructed in the 1950s to supply electricity to federal uranium enrichment facilities near Portsmouth.
Company and Employees Battle over Drug-Testing Method
A housewares factory in Massillon argues it was entitled to have a lawsuit from current and former employees dismissed because the company’s drug-screening procedure isn’t an invasion of privacy.
Additional Sanctions Placed on Previously Suspended Mahoning County Prosecutor Candidate
A previously suspended Youngstown attorney involved in Mahoning County’s “Oakhill scandal” received a second suspension from the Ohio Supreme Court today, but will be allowed to continue practicing law if he abides by conditions imposed on him.
Dayton Attorney Suspended for Failing to Follow Through on Client Matters
A Dayton attorney was suspended for two years, with one year stayed, by the Ohio Supreme Court today for failing to act on his clients’ cases and repeatedly refusing to cooperate in disciplinary investigations.
Insurers Not Obligated to Help Lawyers Get Paid When Cases Settle Out of Court
An insurer that settles a personal-injury claim with a victim who discharged his lawyers before a lawsuit is filed has no obligation to distribute a portion of the settlement to the lawyers for their prior work. Instead, the law firm must take legal action against its former client to get paid, the Ohio Supreme Court ruled today.
State Must Compensate Licking County Restaurant Owner for Cutting Off Highway Access
The owner of a Wendy’s restaurant near a state highway intersection that was removed is entitled to compensation for the impact the business suffered from being cut off, the Ohio Supreme Court ruled today.
Supreme Court Hears Offender’s Court Costs Issue
A Montgomery County man was sentenced to prison until at least his mid-80s is challenging a trial judge’s decision not to waive his mandatory court costs, after concluding the man has to “take responsibility for his conduct.”
Court Suspends Two Lawyers for Neglecting Client Matters
The Ohio Supreme Court issued partially stayed suspensions to two Ohio lawyers who neglected client matters and made false statements during their disciplinary proceedings.
Attorney Convicted of Forgery and Theft Indefinitely Suspended
A Northwest Ohio bankruptcy attorney was indefinitely suspended by the Ohio Supreme Court today based on wrongful acts while representing bankruptcy clients, his felony conviction for theft, and another felony conviction for forgery that related in part to his altering a check from $6.56 to $2,344.44 and cashing it.
Attorney Who Tried to Funnel Elderly Clients’ Money to Wife and Boy Scouts Suspended
A Toledo attorney who made his wife and son’s Boy Scout troop the potential recipients of an elderly client’s $38,000 insurance benefit was suspended for two years, with one year stayed, by the Ohio Supreme Court today.
Misstatements During Sentencing Not Grounds for Withdrawing Plea Eight Years Later
A Highland County man did not suffer a “manifest injustice” that would allow him to withdraw his guilty plea when a trial judge told him that 21 years of his 35-year prison sentence was nonmandatory rather than mandatory, the Ohio Supreme Court ruled today.
Siblings Must Prove Columbus TV Station Defamed Them as ‘Robbers’
An Ohio appeals court did not adequately assess a claim by three siblings that a Columbus television station defamed them by describing them as “robbers” of an 8-year-old’s hoverboard when it broadcast information provided by Columbus police, the Ohio Supreme Court ruled today.
Dog’s History of Biting Can Be Used to Convict Owner of Crime
As long as the prosecution has reason to believe a dog has a history of being dangerous, an official designation of a “dangerous dog” is not required before the dog’s owner can be charged with failing to contain and control a dangerous dog, the Ohio Supreme Court ruled today.
Parents Fight for Juvenile Court Resolutions within 90 Days
Two mothers argue that a juvenile court violated a state law requiring the court to conduct certain hearings within 90 days after a children services agency files a complaint.
Akron Attorney Who Aided Clients’ Tax Evasion Suspended
The Ohio Supreme Court today issued a two-year suspension to an Akron attorney convicted of assisting a couple in their attempt to evade paying outstanding federal taxes.
Oil and Gas Lease Disputes Subject to 21-Year Statute of Limitations
The Ohio Supreme Court today ruled the state’s 21-year statute of limitations on real property disputes applies to claims about whether an oil and gas lease terminates when a well fails to produce.
Five-Year, Instead of Three-Year, Prison Sentence Applies to Certain Illegal Drug Makers
The Ohio Supreme Court today resolved a conflict between two statutes regarding sentencing for repeat offenders who manufacture methamphetamine.
Banks Entitled to Restitution for Forged Checks
Under Ohio law, banks can be considered “victims” of forgery and a court can order a Franklin County man to pay restitution to three banks where he cashed seven checks, the Ohio Supreme Court ruled today.
Court Directed to Reconsider How It Reduced Woman’s Prison Sentence from 65 to 15 Years
An Ohio appeals court used the wrong state laws to guide its decision to reduce the prison
Township Cannot Be Sued based on Hiring and Supervision of Officer Who Injured Motorist
Under Ohio law, a township cannot be held liable for negligence in the hiring, training, or supervising of a police officer who subsequently is involved in an accident during a high-speed pursuit of criminal suspects, the Ohio Supreme Court ruled today.
Cleveland Lawyer Convicted of Money Laundering Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Cleveland attorney convicted of attempting to launder $20,000 in purported drug money offered to him by an FBI informant posing as a drug dealer.
Pittsburgh Attorney Suspended after Misleading Disciplinary Investigators
The Ohio Supreme Court today suspended a Pittsburgh attorney licensed to practice law in Ohio who admitted to falsifying evidence in connection with a complaint lodged by a former client.
New Hearing Ordered for Akron Man Given Death Penalty for Murdering Girlfriend’s Parent
The Ohio Supreme Court today unanimously affirmed the murder convictions of an Akron man who admitted to killing his girlfriend’s parents with a sledgehammer.
Federal Court Asks Supreme Court for Guidance on Law Allowing Civil Lawsuits based on Criminal Acts
A federal lawsuit filed by a former Geauga County health department employee claiming retaliation for blowing the whistle on her employer has drawn statewide interest from numerous groups ranging from crime victim advocates to organizations representing local governments.
Columbus Attorney Suspended for Violating Rules While on Probation
The Ohio Supreme Court today indefinitely suspended a Columbus attorney whose long disciplinary record includes dozens of violations of the rules governing the conduct of Ohio attorneys.
Cincinnati Attorney Sanctioned for Assisting a Suspended Attorney’s Unauthorized Law Practice
The Ohio Supreme Court today suspended a Cincinnati attorney who “remained willfully ignorant of his own professional obligations” when he agreed to aid a suspended — now disbarred attorney — in the unauthorized practice of law.
Law School Graduate’s Latest Request for Admission to Practice Denied
An aspiring lawyer from Findlay will be allowed to see the results of the bar exam she took 28 years ago, but has lost her latest request for admission to the practice of law, the Ohio Supreme Court ruled today.
Appeals Court Exceeded Its Authority in Portage County Surface Mining Case
Appeals Court Exceeded Its Authority in Portage County Surface Mining Case
Double Jeopardy Protections Do Not Bar Prosecuting Man Who Changed Story about Son’s Death
Dismissal of a charge through a plea agreement is not the equivalent of an acquittal, and a Putnam County man who was convicted of child endangering and served five years in prison for the death of his 2-year-old son can be charged with murder, the Ohio Supreme Court ruled today.
Disbarment, Suspension Issued for Attorneys Engaged in Unauthorized Practice
The Ohio Supreme Court today disbarred one attorney and suspended another for engaging and assisting in the unauthorized practice of law.
Court Sanctions Attorney Who Accepted Firearms in lieu of Law Firm’s Payments
The Ohio Supreme Court today sanctioned a law firm’s former managing partner for accepting $28,000 in guns in lieu of payment for legal services provided by other firm attorneys, and for not reimbursing the firm for the firearms until he was confronted four years later.
Arrest Started with Stop of Black SUV Registered as White SUV Was Constitutional
A police officer could lawfully stop and investigate an SUV whose paint color did not match the color listed on vehicle registration records because, based on his experience, he believed the vehicle or its license plates were stolen, the Ohio Supreme Court ruled today.
Trial Courts Can Waive Previously Imposed Court Cos
Ohio trial courts can waive, suspend, or modify unpaid court costs at any time for any case in which they imposed the costs, the Ohio Supreme Court ruled today.
Williams County Hosts Supreme Court for Session with High School Students
The Ohio Supreme Court’s justices will travel to Williams County next week to hold oral arguments before nearly 600 high school students.
Regulators Lack Authority to Impose Cost-Recovery Cap on Utilities’ Energy Efficiency Plan
State law does not give the Public Utilities Commission of Ohio (PUCO) authority to preemptively cap the costs FirstEnergy can recover in its plan for energy efficiency and energy demand reduction programs, the Ohio Supreme Court ruled today.
Former Franklin County Judge Suspended for Sexual and Campaign Misconduct
The Ohio Supreme Court today indefinitely suspended former Tenth District Court of Appeals Judge Timothy S. Horton from practicing law, rejecting his claims that he should receive a more lenient sanction for his misconduct.
Convicted Man Cannot Use Recent Ohio Supreme Court Decision to Challenge His Sentence
The state statute authorizing a trial court to vacate a sentence based on a new decision from the U.S. Supreme Court does not apply to a new decision from the Ohio Supreme Court, the state high court ruled today.
Cincinnati Must Pay Newspaper’s Legal Bill for Withholding Arrest Videos
The city of Cincinnati did not act in good faith when it delayed releasing to the Cincinnati Enquirer body-camera footage of police officers using Tasers to subdue two men during an August 2017 arrest, the Ohio Supreme Court ruled today.
Toledo Area Attorney Suspended for Filing False Tax Returns
A Sylvania attorney convicted in federal court of filing a false tax return was suspended for two years, with one year stayed, by the Ohio Supreme Court today.
Court Upholds Statute Eliminating Residency Quotas in Cleveland’s Public Construction Contracts
State lawmakers had the authority to enact a law invalidating the city of Cleveland’s ordinance that required public works construction project contractors to hire city residents, the Ohio Supreme Court ruled today.
Court Suspends Attorney Arrested after Being Intoxicated at Trial
An Ashland lawyer who attempted to represent a client in a felony trial while intoxicated was suspended for two years with 18 months stayed by the Ohio Supreme Court today.
Grocer Not Responsible for Motorized Cart Collision that Injured Shopper
A woman shopping at a Brook Park Giant Eagle did not prove that the grocery store chain was legally responsible for the injuries she suffered when another shopper, who was driving a motorized cart, collided with her shopping cart, the Ohio Supreme Court ruled today.
State Challenges $4.5 Million Judgment to Cleveland for Workers’ Compensation Overcharges
The ability of hundreds of local governments to reclaim alleged overpayments of workers’ compensation premiums will be tested when the Ohio Supreme Court considers Cleveland’s $4.5 million judgment it won from the state.
Municipal Bond Buyers Do Not Automatically Acquire Right to Sue
Ohio law does not automatically transfer to the buyer of a municipal bond the seller’s right to sue a financial institution overseeing the repayment of the bonds, the Ohio Supreme Court ruled today.
Out-of-State Lawyer to Pay $25,000 for Illegally Practicing in Ohio
An out of state lawyer, who provided legal advice and services to more than six Ohioans, was fined $25,000 by the Ohio Supreme Court today for engaging in the unauthorized practice of law.
Court Extends Suspension for Lakewood Lawyer Who Practiced While Suspended
The Ohio Supreme Court today indefinitely suspended a Lakewood lawyer who continued to practice while under suspension and engaged in other professional misconduct, including lying to a client and a court about being suspended.
State Workers Can Be Fired during Probationary Period at Employer’s Discretion
Ohio government employers have the right to fire civil service employees for unsatisfactory service during their initial probationary periods, the Ohio Supreme Court ruled today.
Judge Cannot Impose Community Controls to be Served After Prison Sentence
The Ohio Supreme Court found today that Ohio’s criminal sentencing laws do not allow a trial court to impose community control sanctions for a felony offense to run consecutively to a prison sentence imposed for another felony offense.
Public Bodies Cannot Use Secret Ballots to Take Official Action
A governmental body cannot conduct public business by way of a secret ballot, the Ohio Supreme Court ruled today.
Former Lorain County Judge Suspended from Practicing Law
The Ohio Supreme Court today suspended former Lorain County Common Pleas Court Judge James M. Burge from practicing law.
Constitutionality of Adult Offenses Based on Juvenile Actions Challenged
A man convicted when he was 19 years old for failing to register certain information with authorities disputes the constitutionality of the requirement because it was based on a juvenile offense.
Court Suspends Westlake Attorney for Threatening Client to Collect Excessive Fee
The Ohio Supreme Court today indefinitely suspended a Westlake attorney for threatening to reveal and actually disclosing confidential client information in an effort to collect a clearly excessive legal fee.
Law Limits Time to File Breach-of-Contract Lawsuits for Faulty Construction
Ohio’s construction “statute of repose” applies to both tort and breach-of-contract claims, meaning property owners claiming defective construction by architects, engineers, and contractors must file lawsuits within 10 years of a project’s completion, the Ohio Supreme Court ruled today.
Common Pleas Court Can Consider Challenge to High School Sports’ Competitive Balance Rule
A Hamilton County Common Pleas Court judge can consider a Catholic high school athletic league’s challenge to the Ohio High School Athletic Association (OHSAA) “competitive balance rules,” which help determine which divisions high schools compete in for state championships, the Ohio Supreme Court ruled today.
Tenth District: Police Properly Arrested Intoxicated Man at Dog Day Care; OVI Charges Reinstated
A Franklin County trial court wrongfully dismissed drunken driving charges against a man found at a dog day care slumped over the wheel of the car with keys in the ignition, half a bottle of liquor on the floor, and a blood alcohol concentration four times over the legal limit, an Ohio appeals court ruled recently.
Eighth District: Court Must Consider New Trial after “Newly Discovered” Photos and Other Evidence Disappeared
A Cleveland man convicted of a 1989 murder produced newly discovered crime-scene photos at a series of 2017 hearings seeking a new trial. The trial court ultimately denied his request, but when he appealed, all the evidence from those proceedings disappeared.
Pawnshop Seeks Immunity after Owner of Stolen Jewelry Sues When Goods Were Sold
Ohio pawnshops generally are immune from civil lawsuits for unknowingly selling stolen property if they follow procedures prescribed in state law. But does a shop lose that protection when it disassembles and melts down pawned merchandise to sell it for a better price?
Attorney Suspended for Purposely Underpaying Another Lawyer His Share of Fees
The Ohio Supreme Court today suspended a Cuyahoga County lawyer for two years, with 18 months stayed, for purposely underpaying another lawyer with whom he had a fee-sharing agreement.
Cuyahoga County Not Immune from Lawsuit Filed by Fired Employee
Political subdivisions are not immune from lawsuits by former employees as long as the worker’s claim is connected to the “employment relationship” with the government body, the Ohio Supreme Court ruled today.
Right to Contest Adoption Survives When Court Relieves Parent of Paying Child Support
A child’s natural parent does not give up the right to consent to the child’s adoption for failure to provide “maintenance and support” if the parent receives a court order relieving the parent of the obligation to pay child support, the Ohio Supreme Court ruled today.
Modification of Wind Farm Permit Not Subject to Stricter Location Standards
The Ohio Power Siting Board was authorized to allow a proposed 25-turbine wind farm in Huron County to change the model of turbines it will use without subjecting the facility to stricter turbine setback requirements imposed by state lawmakers after the windfarm’s original certification, the Ohio Supreme Court ruled today.
First Energy Electric Grid Modernization Charge Improperly Imposed
Since 2017, FirstEnergy Companies’ customers have been paying an extra $168 million to $204 million per year through a rider intended to incentivize the companies to modernize their energy-distribution systems.
Lorain Attorney Suspended for Losing Client’s Settlement Check
The Ohio Supreme Court today suspended a Lorain attorney for one year, with six months stayed, for losing one client’s settlement check and failing to provide competent representation in a legal malpractice lawsuit against another lawyer.
Township Claims Immunity for Police Crash During Pursuit
Coitsville Township officials are appealing lower court rulings that declined to give the township immunity in a lawsuit alleging that a police officer’s negligent operation of his cruiser caused a car crash, which led to serious injuries.
Greater Cincinnati Attorney Disbarred after Practicing While Suspended
A Greater Cincinnati lawyer was disbarred by the Ohio Supreme Court today after he sought to represent a woman in a divorce while his license to practice law was under suspension, and then falsely promised her he would provide the service for free.
Trumbull County Woman’s Speedy-Trial Rights Not Violated by Documentation Deficiencies
A criminal defendant’s right to a speedy trial is not violated when requests for continuances are not specifically identified in a court’s written entries or the entries do not explain the precise reason for delays, the Ohio Supreme Court ruled today.
Attorney General Must Take Action in Columbus Mosque Dispute
The Ohio attorney general will have to commence an action against one of two feuding boards of directors to determine which gets to operate a Columbus mosque and oversee $432,000 of its corporate funds, the Ohio Supreme Court ruled today.
Florida Attorney Convicted of Health Care Fraud Suspended
A Tampa, Florida, attorney licensed to practice in Ohio was indefinitely suspended by the Ohio Supreme Court today based on a federal felony conviction that stemmed from health care fraud charges.
Court Must Reconsider Guilty Plea Withdrawal by Immigrant Facing Deportation
A Honduran native living in Stark County and facing deportation will be allowed pursue his claim that he received ineffective legal assistance, the Ohio Supreme Court ruled today.
News Outlet Argues for Prompt Release of Police Bodycam Videos, Which Show Taser Use
The Cincinnati Enquirer is challenging the Cincinnati Police Department’s November 2017 refusal to release any footage from body cameras that police officers were wearing when they used Taser stun guns to subdue two men.
Cuyahoga County Man’s Wrongful Imprisonment Claim Can Continue
Over the objections of the Cuyahoga County Prosecutor’s Office, the common pleas court does have jurisdiction over a former death-row inmate’s claim that he was wrongfully imprisoned and is entitled to state compensation, the Ohio Supreme Court ruled today.
Probate Judge Blocked From Taking Control of Greene County Courtroom
Greene County’s probate judge cannot force the county to designate that a courtroom be reserved exclusively for probate cases three days a week, the Ohio Supreme Court ruled today.
Search of Man Walking Near Where Gunshots Heard Was Constitutional
A police search of a man walking and talking on his cell phone in an area where gunshots were fired no more than 60 seconds earlier was lawful, and the handgun obtained during the search can be used as evidence, the Ohio Supreme Court ruled today.
Judge Cannot Block Cleveland Fire Department’s Shift-Change Order
The Ohio Supreme Court today lifted a hold placed by a Cuyahoga County judge on the Cleveland Fire Department’s move to change the starting time of its 24-hour shifts.
Cincinnati Asks Court to Declare No ‘Free Bite’ Rule for Dangerous Dogs
The Cincinnati city prosecutor is disputing an interpretation of state law that contends a dog must be designated “dangerous” through a formal process before a local government can seek restitution from a dog owner whose dog has bitten or injured a person or another animal.
Right to Sue TV Station for Faulty Hoverboard Theft Report Heard at Off-Site Court Session
Columbus police asked the news media for help in identifying three siblings for their possible involvement in the armed robbery of an 8-year-old’s hoverboard. The three were cleared of charges, but not before a television station’s broadcast termed the three as “robbers.”
Ruling Lets Stand Order to Pay Lump-Sum Payments to Workers Who Lost Limbs, Organs
The Ohio Supreme Court today let stand a lower court’s ruling that the Ohio Bureau of Workers’ Compensation (BWC) must issue lump-sum payments to workers who lost limbs, organs, or bodily systems.
Former Belmont County Judge Failed to Supervise Embezzling Private Practice Employee
A former Belmont County judge and bankruptcy trustee was publicly reprimanded by the Ohio Supreme Court today for failing to adequately supervise an employee who stole more than $125,000 from the lawyer and nearly $60,000 from the lawyer’s client trust account over a nine-year span.
Ashland Attorney Suspended for Having Sex with Client, Soliciting Prostitution
The Ohio Supreme Court today issued a one-year suspension, with six months stayed, to an Ashland lawyer who was caught in a police sting for soliciting a prostitute and having a sexual relationship with a client.
Court-Cost-Only Judgment Cannot Be Appealed
When a trial court decides not to impose a sentence for a minor misdemeanor, it must clearly state in the judgment of conviction that no sentence is imposed before the convicted person can file an appeal, the Ohio Supreme Court ruled today.
Mahoning Probate Judge Publicly Reprimanded for Presiding Over Ex-Client Cases
The Ohio Supreme Court today publicly reprimanded a Mahoning County probate judge for taking action as a judge on cases in which he previously served as a lawyer.
Court Rejects Bid for Juvenile Hearing by Man in Mid-20s
Even though a Gallia County man was in his mid-20s when he pleaded guilty to rapes he committed as a teen, he claimed he could not be sentenced as an adult without first appearing in juvenile court.
Question Raised about Whether Prior Nonconsensual Sex Can Be Addressed in Rape Trials
A teenager in Cuyahoga County told her high school principal in March 2016 that she was being sexually abused by the man she viewed as a father figure.
Wayne Township Residents Can Contest Zoning Change at Ballot Box
The Warren County Board of Elections can place a Wayne Township rezoning referendum on the May 7 ballot regarding a proposed 42-acre housing development, the Ohio Supreme Court ruled today.
City Might Owe Township Tax Payments, But Court Will Not Order It
The Ohio Supreme Court agreed today with St. Clair Township that it was owed a share of property tax collected from land annexed by the neighboring city of Hamilton. But because the township does not know how much is owed, the Supreme Court refused to order Hamilton to pay.
Former Scioto County Judge Suspended for Attempt to Influence Daughter’s Speeding Ticket
A former Scioto County Common Pleas Court judge was suspended from the practice of law for six months by the Ohio Supreme Court today for attempting to influence an Ohio State Highway patrolman and juvenile court to drop a speeding charge against his daughter.
Local Government Rights to Hire, Sue, and Claim Immunity Come Before Supreme Court
Disputes over the rights of local government to insist its residents are hired for construction projects, sue contractors for faulty construction, and to claim immunity from employee lawsuits have drawn the interest of national and statewide organizations, which weighed in on upcoming cases before the Ohio Supreme Court.
Disability Compensation Can Be Denied if Injured Worker Refuses Additional Exams
An injured worker seeking workers’ compensation benefits may be subjected to additional medical examinations if the state explains why other exams would be necessary or helpful in determining the worker’s eligibility, the Ohio Supreme Court ruled today.
In Death Penalty Appeal, Cincinnati Man Claims Jurors Revealed Racial Bias
A Cincinnati man on death row for the murder of his 2-year-old daughter is challenging his convictions and death sentence. He has identified numerous legal arguments in his automatic appeal to the Ohio Supreme Court, which will hear the case next week.
Franklin County Judge Receives One-Year Stayed Suspension
Franklin County Municipal Court Judge Amelia “Amy” A. Salerno received a fully stayed one-year suspension from the practice of law after the Ohio Supreme Court found she did not fairly and impartially apply the law.
Legality of Police Searches at Issue in Cases Before Supreme Court
In two separate cases, the Franklin County prosecuting attorney is asking the Ohio Supreme Court to overturn lower court decisions invalidating searches of suspects by the Columbus police.
Stepfather and Father Debate Support Obligations in Adoption Case
A stepfather in Hamilton County will argue to the Ohio Supreme Court next week that he doesn’t have to obtain consent from the father of his wife’s child to pursue an adoption because the father didn’t support the child.
Attorney Who Neglected Immigration Matter Suspended
The Ohio Supreme Court today suspended a Cleveland attorney for two years, with 18 months stayed, for neglecting the immigration matter of a Bulgarian ballroom dancer, then lying about his legal misconduct.
Board Must Reconsider Change to Wind Farm Construction Plan
Altering a wind farm’s construction timeline is an “amendment,” and a proposal for a 91-turbine farm must return to state regulators for an extension, potentially subjecting the facility to stricter state rules, the Ohio Supreme Court ruled today.
Court Upholds Death Penalty for Brunswick Man Who Killed Mother
The Ohio Supreme Court today affirmed the 2016 conviction and death sentence of a Brunswick man who murdered his mother because he suspected she might tell police that he had been stealing money from her.
Court Suspends Two Ohio Attorneys
The Ohio Supreme Court today suspended two Ohio lawyers.
Court Sanctions Two Men for Unauthorized Practice of Law
The Ohio Supreme Court today found two men had engaged in the unauthorized practice of law and ordered them to cease.
State Law Limits Request for Court Cost Modifications
A state law allowing trial courts to waive or modify court costs applies only to those sentenced after the statute's March 23, 2013 effective date, the Ohio Supreme Court ruled today.
Customers Too Disconnected from Cell Service Provider to File Class-Action Lawsuit
If a public utility violates a state law or rule, only those who were directly injured by the violation, as determined by the order of the Public Utilities Commission of Ohio (PUCO), can file a lawsuit for damages, the Ohio Supreme Court ruled today.
Suspended Attorney Failed to Notify, Serve Clients While in He Was in Jail
The Ohio Supreme Court today indefinitely suspended a Toledo attorney based on his criminal conduct that led to incarceration and his subsequent failure to inform his clients that he was in jail or to provide legal services to them.
Former Mahoning County Auditor Suspended for Role in Oakhill Scandal
The former Mahoning County auditor was indefinitely suspended from the practice of law by the Ohio Supreme Court today for ethical violations related to the “Oakhill scandal.”
Specific References in Deed Sufficient to Preserve Oil and Gas Rights
The Ohio Supreme Court today rejected a Monroe County couple’s claim that an oil and gas royalty interest in their property — originally reserved by prior owners in 1915 — was extinguished because it was not described in enough detail in the couple’s deed to their property.
Nursing Home Barred from Seeking Outstanding Bill Payment from Surviving Spouse
A creditor must seek payment of unpaid bills from a deceased spouse’s estate before attempting to collect payment from the surviving spouse, the Ohio Supreme Court ruled today.
California Lawyer Fined for Unauthorized Practice of Law
The Ohio Supreme Court today fined a California lawyer and his firm $2,000 for representing an Ohioan in a debt collection case in the state without having a license to practice law in Ohio.
Supreme Court Decides 10 Cases Based on Earlier Ruling About Juvenile Offenses
The Ohio Supreme Court today ruled in 10 cases involving adults convicted of illegal firearm possession based on juvenile offenses.
Latest Appeal by Man Sent to Death Row in 1985 Rejected
Ohio law did not permit a Cuyahoga County trial court to consider a post-conviction petition from a man on death row since 1985, who was convicted of rape, burglary, and murder, the Ohio Supreme Court ruled today.
Clerk Must Produce Court Record, But Faces No Fine
The Hamilton County Clerk of Courts must respond to one of three records requests a state prison inmate accused the clerk of failing to provide.
Court-Appointed Counsel Representing Indigent Defendant Suspended for Sex with Client
A former candidate for Hocking County prosecuting attorney who had sex with a court-appointed client, trespassed onto his neighbor’s property to use a hot tub, and lied about his actions to the presiding judge has been suspended by the Ohio Supreme Court for two years with 18 months stayed.
Court Approves Ohio Power Company Rate Plan
State regulators properly approved a rate plan for Ohio Power Company that allows the company to charge consumers to pay for power generated by the Ohio Valley Electric Corporation (OVEC), the Ohio Supreme Court ruled today.
Reds Score Tax Exemption for Bobbleheads, Giveaways
In a dispute between state tax officials and Cincinnati’s professional baseball team, the Ohio Supreme Court today quoted the team’s longtime radio announcer by declaring, “This one belongs to the Reds.”
No Due Process Violation for Defendant Required to Prove ‘Blackout’ Defense
A divided Ohio Supreme Court ruled today that the Franklin County Common Pleas Court did not violate Darin K. Ireland’s constitutional rights when the court required Ireland to prove his defense of “blackout” — acting in an unconscious state because of disease or injury — by a preponderance of the evidence.
Northern Ohio Gasoline Distributor’s Tax Refund Claim Rejected
The Ohio Supreme Court rejected a Sunoco gasoline middleman’s argument that the company was entitled to a $417,000 commercial activities tax (CAT) refund.
Trial Judge’s Inspection of Secret Grand Jury Proceedings Cannot Be Immediately Appealed
A court reporter cannot immediately appeal a judge’s demand to privately review sealed grand jury materials, the Ohio Supreme Court ruled today.
Football Player’s Widow Can Pursue Head Injury Lawsuit Against Notre Dame, NCAA
A former University of Notre Dame football player who suffered a chronic brain injury did not necessarily wait too long to file a lawsuit claiming the school and the National Collegiate Athletic Association (NCAA) were responsible for his injuries, the Ohio Supreme Court ruled today.
Board of Tax Appeals Must Review School District’s Appraisal of Thistledown Racino
The Ohio Board of Tax Appeals (BTA) wrongly refused to consider Warrensville Heights City School District’s appraisal of Thistledown Racino at $44.5 million, instead accepting the property owner’s $22 million valuation for 2013 property tax purposes, the Ohio Supreme Court ruled today.
Court Orders the Board of Tax Appeals to Reexamine Several Property Tax Cases
The Ohio Supreme Court today instructed the Ohio Board of Tax Appeals (BTA) to reconsider the 2014 tax value of a Cleveland area Red Lobster restaurant whose sales price was about $1.4 million more than the county’s appraisal.
Bar Exam Application Denied for Student Caught Cheating on Law School Test
A 2017 Capital University Law School graduate was caught cheating on a test and denied it during her bar admission process. The Ohio Supreme Court today blocked the graduate from taking the state bar exam until 2021 or later.
Columbus Landlord Not Authorized to File Eviction Cases
A Columbus landlord and property manager engaged in the unauthorized practice of law while seeking to evict tenants and obtain money owed to trusts, businesses, and individuals, the Ohio Supreme Court ruled today.
Lawyer Suspended for Plagiarizing, Having Sex with Client
The Ohio Supreme Court today suspended a Columbus lawyer for two years, with six months stayed, for misconduct that included lying to his client about her legal matters and having consensual sex with the client while the cases were pending.
Ohio Bar Applicant Not Engaged in Unauthorized Practice of Law
A Kentucky attorney —who practiced law exclusively in Kentucky from an Ohio office while awaiting admission to practice in Ohio — did not engage in the unauthorized practice of law, the Ohio Supreme Court ruled today.
Steubenville Attorney Suspended After Federal Fraud Conviction
The Ohio Supreme Court today indefinitely suspended a Steubenville attorney convicted of a federal felony for his role in fraudulently obtaining $140 million in federal contracts targeted to businesses owned by disabled veterans and the economically disadvantaged.
Trumbull County Attorney Permanently Disbarred
The Ohio Supreme Court today disbarred a Warren attorney for this “third significant breach of misconduct,” including conduct that led to his client being sanctioned for filing a frivolous lawsuit.
Attorney Suspended After Being Caught on Tape Coaching Client to Lie
The Ohio Supreme Court today indefinitely suspended a Cleveland attorney whose client secretly recorded a conversation of the attorney disparaging the opposing lawyer, revealing his attempts to be uncooperative in the case, and telling the client to lie in a deposition.
Death Row Inmate’s Request for DNA Testing of Evidence Rejected
The Ohio Supreme Court declined today a request by a death-row inmate for additional DNA testing, finding that he failed to show that testing the evidence would change the outcome of his case.
Insurance Policy Does Not Cover Defective Work That Damaged University’s Luxury Hotel
The faulty work of subcontractors at an Ohio Northern University luxury hotel and conference center is not covered by the insurance policy purchased by the general contractor, and the insurance company does not have to pay any portion of the estimated $6 million in damages, the Ohio Supreme Court ruled today.
Court Rejects as Moot a Challenge to Power Company’s Prior Rate Plan
The Ohio Supreme Court today ended a legal challenge to Dayton Power & Light’s (DP&L) prior electricity rate plan because a new rate plan is now in effect.
Police Search that Uncovered Marijuana-Infused Candy Legal
A traffic stop of a vehicle led to discovery of sealed envelopes containing 150 individually wrapped marijuana-infused candies by a Cleveland State University police officer.
Cincinnati Attorney Suspended after Missing Deadline to File Client’s 25-Year Prison Sentence
The Ohio Supreme Court today suspended a Cincinnati attorney who misrepresented to the Court why he failed to meet the deadline to appeal his client’s 25-year prison sentence.
Attorney Who Skimmed Client Money, Lied to Investigators Disbarred
The Ohio Supreme Court today disbarred a Delaware attorney primarily for misappropriating client funds then lying about his actions during disciplinary hearings.
Columbus Attorney Who Accepted Excessive Fee Suspended
The Ohio Supreme Court today suspended a Columbus attorney based on an unusual fee payment arrangement that resulted in a dispute.
Columbus Attorney Suspended for Fight Surrounding Bike Crash
The Ohio Supreme Court today suspended a Columbus lawyer for his conduct related to a 2015 incident with a bicyclist that led to a subsequent scuffle with a doctor and the attorney stomping on the doctor’s cell phone.
Court Rejects Tax Valuation of Westerville Bank Property
The Ohio Board of Tax Appeals (BTA) improperly valued a Westerville office building occupied by JP Morgan Chase at $44.5 million and must consider in detail the reports submitted by the property owner’s appraiser, who concluded that the building was worth $24.8 million for 2013 and $28.5 million for 2014, the Ohio Supreme Court ruled today.
Cincinnati Attorney Indefinitely Suspended for Neglecting Clients
The Ohio Supreme Court indefinitely suspended a Cincinnati attorney for doing little to no work for clients he received through referrals from a now defunct California debt-relief company.
License Required to Broker Oil-and-Gas Leases in Ohio
Those who help obtain oil-and-gas leases in Ohio for oil-and-gas development companies must be licensed real-estate brokers, the Ohio Supreme Court ruled today.
Second Death Sentence Upheld For 1994 Murder
For the second time, the Ohio Supreme Court has affirmed the death penalty for a Clinton County man who robbed and killed an 88-year-old woman he met while delivering furniture to her home.
Cincinnati Newspaper May Inspect Pike County Autopsy Reports
The Pike County General Health District wrongfully denied a Cincinnati journalist access to review, but not copy, preliminary autopsy reports of the 2016 murder of eight members of the Rhoden and Gilley families, the Ohio Supreme Court ruled today.
Former Top Mahoning County Official’s Law License Suspended
The Ohio Supreme Court today suspended former Mahoning County Commissioner and Youngstown Mayor John A. McNally from practicing law based on criminal convictions for his role in the “Oakhill scandal.”
Fifth District: No Probable Cause for Stop of Dusty Rental Vehicle
Evidence found during the search of a vehicle stopped by law enforcement cannot be considered by a Licking County trial court, an Ohio appeals court has ruled.
Columbus Attorney Disbarred, Ordered to Pay $312,000 in Restitution
The Ohio Supreme Court today disbarred a Columbus attorney and ordered him to pay more than $312,000 in restitution for improperly transferring funds from a trust he oversaw to his own personal account.
Juvenile Offenses Can Be Used to Convict Adult of Illegal Firearm Possession
The state may criminalize firearm possession by adults who were adjudicated delinquent for committing certain crimes as juveniles, the Ohio Supreme Court ruled today, upholding a man’s conviction on that basis.
Attorney Suspended for Draining Funds During Disputed Bankruptcy
The Ohio Supreme Court suspended a Hinckley attorney today for engaging in a pattern of dishonesty to conceal his siphoning of nearly $51,000 entrusted to him pending the resolution of an ownership dispute between his client and his client’s bankruptcy trustee.
Court Affirmed Adult-Court Conviction for Teen Who Participated in Trafficker’s Murder
The Ohio Supreme Court ruled today that the Summit County juvenile court did not follow the law when it allowed a 15-year-old human-trafficking victim to face adult charges for her role in the robbery and murder of the man who trafficked her.
Ponzi Scheme Victims Cannot Sue Brokers Who Sent Funds to Perpetrator
Ohio law does not allow victims of an alleged Dayton Ponzi scheme to seek financial recovery from brokers that unknowingly purchased fraudulent investments from the scam perpetrator at the direction of the victims, the Ohio Supreme Court ruled today.
Court Blocks Trial Judge Order to Grant Jury Resentencing in Cleveland Death Penalty Case
At the request of the Cuyahoga County prosecutor , the Ohio Supreme Court today blocked a jury from resentencing a Cleveland man previously sentenced to death. Instead, the high court required a three-judge panel to decide his fate.
State Can Measure E-School Attendance with Student Participation Data
The Ohio Department of Education is authorized by state law to base the funding of internet- or computer-based community schools , such as the Electronic Classroom of Tomorrow (ECOT), on the duration of student participation, and not only on the “learning opportunities offered” to students, the Ohio Supreme Court ruled today.
Court Dismisses Violations Against Attorney who Represented Man He Never Met
The Ohio Supreme Court today dismissed rule violation charges against a Cleveland attorney who filed and lost the criminal conviction appeal of man he never met or spoke to until after the case ended.
Court Suspends Lawyer for Profanity-Laced Abuse of Paralegal
A Cleveland lawyer’s paralegal repeatedly recorded conversations of her boss berating her physical appearance and dress, and calling her a “ho,” “dirtbag,” and other obscenities.
Dayton Area Lawyer Suspended for Failing to Follow Through with Matter
A Centerville attorney was suspended today for two years with 18 months stayed for failing to follow through on a client’s debt-collection case and grudgingly cooperating with disciplinary investigators.
Court Denies Company’s Tax Exemption for Natural Gas Use
The Ohio Supreme Court today rejected a Portage County company’s exemption from paying use taxes on natural gas to heat the six buildings where custom aluminum truck trailers are made.
Grocery’s Store Tax Value Excludes Parking Lot It Does Not Own
The Ohio Supreme Court today reduced the assessed property tax value of a Worthington Kroger store connected to an outdoor shopping mall by $1.56 million.
Hospital Maintains 2004 Civil Lawsuit Damage Caps Apply to Defamation Cases
A nurse at the center of a contentious unionization effort at a Stark County hospital was fired after an internal investigation.
Zanesville Attorney Suspended for Having Sex with Client in Courthouse
A Zanesville attorney caught on courthouse security cameras engaging in sexual activity with a client, then lying about the encounter during a disciplinary investigation, has been suspended by the Ohio Supreme Court for two years, with one year stayed.
Dayton Area Attorney Receives Stayed Suspension
A Dayton area attorney received a six-month stayed suspension from the Ohio Supreme Court today for his conduct related to the disputed representation of a client.
Cleveland Attorney Disbarred
The Ohio Supreme Court today permanently disbarred a Cleveland attorney for violating several professional conduct rules, including failure to file an appeal of his client’s criminal conviction that he had promised to submit.
Widow Was Sued for Husband’s Nursing Home Bill Under Law Describing Spousal Obligations
A widow has asked the Ohio Supreme Court to determine whether a nursing home can sue her to pay for her deceased husband’s outstanding bill when the facility didn’t first submit the bill to her husband’s estate.
Lawsuit Over Workers’ Compensation Fees Must Move to Court of Claims
A class-action lawsuit filed in 2010 against the Ohio Bureau of Workers’ Compensation (BWC) seeking the return of administration fees collected by a bank was improperly filed and must be pursued in the Ohio Court of Claims, the Ohio Supreme Court ruled today.
Door Tag Notification of Disconnected Gas Service Adequate for Vacant Property
The Ohio Supreme Court today rejected a Columbus design firm’s argument that a gas company had given inadequate notice that gas service to the firm’s property had been disconnected. After the service was disconnected, the firm’s pipes froze and burst, damaging the property.
Court Rejects Appointment of Adult Guardian Without Competency Hearing
A Cuyahoga County domestic relations court’s appointment of a guardian ad litem (GAL) to represent a woman in a divorce case — without giving her the right to challenge the appointment — violated the woman’s constitutional rights, the Ohio Supreme Court ruled today.
Cuyahoga County Lawyer Suspended After Settlement Dispute
The Ohio Supreme Court today suspended a Solon attorney for two years, with one year conditionally stayed, for failing to promptly deliver client funds from a personal-injury lawsuit settlement, and several other violations of professional conduct rules.
Butler County Church Exempt from Township Infrastructure Payments
A 2004 law that allows property within a tax-increment financing (TIF) district to qualify for a complete exemption from both property taxes and service payments applies to a Butler County church, the Ohio Supreme Court ruled today.
City Must File Separate Case to Block Funding Deductions for Collecting Traffic Camera Fines
A trial court could not block implementation of a 2015 state law deducting funding to local governments that use traffic cameras to collect fines without first declaring the law unconstitutional, the Ohio Supreme Court ruled today.
Prosecutor Opposes New Trial Granted to Man Sentenced to Death for 1984 Murder
The Cuyahoga County Prosecutor’s Office is challenging the new trial ordered for a man sentenced to death for the 1984 murder and rape of a Cleveland woman. The Ohio Supreme Court will consider the case at next week’s oral arguments.
Social Worker Acting Pursuant to Statute Not an Agent of Law Enforcement
The Ohio Supreme Court ruled today that social workers acting pursuant to statute when they interview those in custody —and who are not acting under the direction or control of law enforcement — are not law enforcement agents and do not have to read or remind those in custody of their rights before conducting the interview.
Columbus Employment Agency Owes $3.5 Million in Unpaid Workers’ Compensation Premiums
A Columbus temporary-employment agency owes the Ohio Bureau of Workers’ Compensation (BWC) nearly $3.5 million in unpaid premiums that were owed by another employment agency it acquired, the Ohio Supreme Court ruled today.
Court Considers State Tax on Bobblehead Giveaways
The Cincinnati Reds are hoping to avoid being at least the third major league baseball team to strike out on paying state sales tax on bobbleheads and other promotional items they give away at games.
City Not Liable for Accident Caused by Shrubs Blocking View of Stop Sign
A city is not liable for the failure to remove roadside foliage that obstructs a traveler’s view of a state-mandated traffic-control device unless the foliage is actually growing on it, the Ohio Supreme Court ruled today.
Equipment Used to Crush ‘Slag Mountain’ Entitled to Tax Exemption
The company that chops up a more than 90-year-old “slag mountain” near Youngstown into road-building material is entitled to a reduction in the state taxes paid for the operation’s equipment repair and fuel costs, the Ohio Supreme Court ruled today.
Cleveland Attorney Suspended for Lying to Police after Car Wreck
The Ohio Supreme Court today suspended a Cleveland attorney who lied to police after a traffic accident to cover up for a fellow attorney who he claimed was driving while intoxicated.
Board of Tax Appeals Must Revisit Marietta Lowe’s Home Center Property Tax Valuation
The Ohio Board of Tax Appeals (BTA) must reconsider the tax-year-2013 valuation of a Lowe’s Home Center in Marietta, the Ohio Supreme Court ruled today.
Court Affirms Death Sentence for Teen’s Murderer
The Ohio Supreme Court took into account the fact that a man who plotted to rob and kill a childhood friend had just turned 19 years old at the time of the murder, but that was not enough to reverse the death penalty he received from a Warren County court.
Court Upholds Denial of Tax Credits for Heavy Vehicle Maker
The Ohio Supreme Court today affirmed the ruling of the state tax commissioner and the Board of Tax Appeals (BTA) that heavy-vehicle maker Navistar is not entitled to $27 million in commercial activity tax credits.
Four Cases Scheduled for Oral Arguments
The Ohio Supreme Court will consider a medical malpractice lawsuit, a federal court’s question about the state securities law, and two disciplinary cases at next week’s oral arguments.
Probate Court Must Consider Domestic Court Proceedings Before Granting Adoption
A probate court’s authority to grant an adoption is blocked when an issue of paternity is pending in another court. But the court is not impeded if a “parenting matter,” such as a parenting time dispute, is pending, the Ohio Supreme Court ruled today.
‘Spoliation of Evidence” Claims Require Proof that Evidence Destroyed
Ohio is among a small number of states that recognize civil causes of action for intentional spoliation of evidence, but the actions are limited to evidence that was physically destroyed, the Ohio Supreme Court ruled today.
Supreme Court Considers Whether Those Who Arrange Oil and Gas Leases Need Real Estate Licenses
A man hired to negotiate oil and gas leases in northeastern Ohio for a petroleum company is contesting the company’s position now that oil and gas professionals need a real estate broker’s license to perform this type of work in the state.
Child’s Adoption Vacated after Court Finds Custody Still Disputed in West Virginia
The Ohio Supreme Court today vacated a woman’s attempt to adopt her infant niece in an Ohio court while the woman and the child’s grandmother were in the midst of a custody dispute over the girl in a West Virginia court.
Court Clarifies Standard of Review by Courts Hearing Arbitration Appeals
Ohio law permits limited legal challenges to arbitration awards, and the Ohio Supreme Court today clarified the proper review of those disputes when they reach an appeals court.
Court Affirms Death Penalty for Youngstown Man
The Ohio Supreme Court today affirmed the conviction and death sentence of a man who approached the porch area of a Youngstown home with a semiautomatic rifle, shot a woman to death, and wounded a man holding an infant.
Injured Worker Must Let State Seek Recovery from Insurance Settlement
The Ohio Bureau of Workers’ Compensation (BWC) must be notified of potential outside legal settlements that would compensate a worker for injuries, and the bureau retains the right to recoup money from a settlement reached without notice, the Ohio Supreme Court ruled today.
Ohio Death Penalty Sentencing Process Ruled Constitutional
Ohio’s death penalty sentencing process is different in critical ways from a Florida sentencing scheme struck down by the U.S. Supreme Court, the Ohio Supreme Court ruled today.
Statewide Dispute Over Traffic Cameras Continues
The state and the city of Toledo are at odds again in the ongoing clash between the Ohio legislature and municipalities about traffic camera systems that can record drivers who run red lights or speed.
Football Player Sues College, NCAA for Chronic Brain Injury Decades Later
An Ohioan who played football for the University of Notre Dame in the 1970s sued the school for failing to protect him from head injuries that turned into a chronic disease decades later.
First District: City’s “Toy-Vehicle Ordinance” Ruled Constitutional
A Cincinnati suburb’s law banning people on roller skates, sleds, and skateboards from public roads is valid, and the city didn’t violate a man’s “constitutional right of movement and personal enjoyment” for ticketing him on a motorized skateboard, an Ohio appeals court recently ruled.
Tenth District: University of Toledo May Be Liable for Football Player’s Summer Training Stunt Fall
The veteran offensive linemen on the University of Toledo’s football team conduct the “freshman Olympics” after summer training practices. In 2011, an incoming student participating in the dunking of a football over the goal post, jumped on another player’s back to reach the post, then fell, injured his neck, suffered brain damage, and ultimately lost his scholarship to the university.
Supreme Court Rejects Property Tax Reductions in Two Franklin County Cases
The Ohio Supreme Court today reversed a pair of Ohio Board of Tax Appeals (BTA) decisions applicable to two properties in Franklin County’s South-Western City School District.
Man’s Concurrent Prison and Community Control Sentences on Separate Offenses Not Improper
A judge’s decision to send a man to prison with a concurrent, but longer, period of community-control on a separate offense was appropriate, except for requiring his community-based confinement follow his prison time, the Ohio Supreme Court ruled today.
Death Row Inmate’s Appeal Earns Access to DNA Test Result
When a judge fails to comply with the state DNA testing law, the Ohio Supreme Court has jurisdiction to hear an offender’s appeal, the state’s high court ruled today
Constitutionality Considered of State Law Banning Adults with Certain Juvenile Offenses from Possessing Firearms
The Ohio Supreme Court will hear an appeal from a Hamilton County man who was convicted for illegally possessing a gun.
Court Upholds Death Sentences of Man Who Used Craigslist to Lure Victims
The Ohio Supreme Court has affirmed the convictions and death sentences of an Akron man who used employment ads on Craigslist to lure men who he robbed and murdered.
Theory That Brake Dust Led to Asbestos-Related Death Does Not Meet Ohio Law
A theory which posits that every nonminimal exposure to asbestos can be a substantial factor in causing asbestos-related disease is inconsistent with Ohio’s test for causation, the Ohio Supreme Court ruled.
Court Affirms Erie County Man’s Death Sentence
The Ohio Supreme Court affirmed the convictions and death sentence of a Sandusky man who murdered a 23-year-old woman and her two young children and committed other offenses.
Wayne County Landowners Can Challenge Ownership of Abandoned Railroad Line Property
Two landowners will be able to pursue claims that through “adverse possession” they own portions of an abandoned rail corridor sold to Rails-to-Trails of Wayne County, the Ohio Supreme Court has ruled.
Online School Challenges State’s Calculation of Student Funding
The Electronic Classroom of Tomorrow (ECOT) was Ohio’s first online community school and has grown into the state’s largest. Community schools, also known charter schools, receive funding from the state. But, unlike public school districts, they cannot levy local taxes.
Court Affirms State’s Revocation of Toledo Clinic’s License
The Ohio Supreme Court has ruled that because Capital Care Network of Toledo violated a 21-year-old rule requiring all ambulatory surgical facilities to have written hospital transfer agreements to facilitate emergency treatment, the Ohio Department of Health was within its rights to revoke the clinic’s operating license.
Clinic Lacked Standing to Challenge Budget Bill’s Constitutionality
The Ohio Supreme Court has ruled that because Preterm-Cleveland Inc. did not prove it suffered or was threatened with a “direct and concrete injury” by provisions in the 2013 state budget bill, the clinic lacked standing to challenge the constitutionality of the budget law.
Court Rejects Constitutional Challenges in Two Cases Heard on Same Day
The Ohio Supreme Court today decided two cases that were orally argued at an off-site court session last October at Marietta High School.
Lawyer Suspended for Demanding Settlements for Nonexistent Clients While Under Suspension
The Ohio Supreme Court has indefinitely suspended a Cleveland attorney who sent “demand letters” to various businesses threatening to file civil rights complaints against them and offering to settle those claims on behalf of his nonexistent clients for $500.
Power Company Does Not Have to Return $43 Million to Customers for Renewable Energy Purchases
The Public Utilities Commission of Ohio (PUCO) cannot order the FirstEnergy power companies to refund $43 million to customers for the “imprudent” purchase of renewable energy credits made in 2010, the Ohio Supreme Court ruled today.
Trooper’s Search of Detained Suspect’s Purse Unconstitutional
During a traffic stop, an Ohio State Highway patrolman placed a woman with an outstanding arrest warrant into the back of his cruiser. His “inventory” search of her purse on the hood of his car, which turned up drugs, was ruled unconstitutional today by the Ohio Supreme Court.
Juvenile Court’s Application of Law Designed to Protect Trafficked Children Questioned
A young woman charged with murder at age 15 argues that the juvenile court should have applied safe harbor protections in state law to her, as a trafficking victim, before transferring her to adult court.
Punitive Damages Not Recoverable in Contract Breach, Supreme Court Rules
Punitive damages are not recoverable in a breach-of-contract lawsuit unless the breach involves a tort, the Ohio Supreme Court ruled today.
Supreme Court Issues Opinions in Four Cases
Among the decisions released today, the Ohio Supreme Court ruled in four cases involving no-contest pleas, juveniles, or enhanced penalties for fentanyl possession.
Ohio Declines to Recognize ‘Implied Covenant to Explore Further’ in Oil and Gas Leases
Ohio oil and gas leases do not have an implied requirement that drillers “explore further” into unexplored areas that is separate from the requirement that they “reasonably develop” the overall mineral rights they lease, the Ohio Supreme Court ruled today.
Former Judge Who Assaulted Wife Indefinitely Suspended
Former Cuyahoga County Common Pleas Court Judge Lance Mason was indefinitely suspended from the practice of law by the Ohio Supreme Court today, and he can only apply for reinstatement by meeting certain conditions that include undergoing a mental health evaluation.
NASCAR Tax Dispute Circles Back to Tax Appeals Board
The Ohio Board of Tax Appeals (BTA) must consider NASCAR’s challenge to the tax commissioner’s determination that it owes nearly $550,000 in state taxes for broadcasting stock car races in Ohio, the Ohio Supreme Court ruled today.
Court Rules Former Attorney, Two Companies Engaged in Unauthorized Practice of Law
Two out-of-state companies and one former attorney were sanctioned by the Ohio Supreme Court today for the unauthorized practice of law.
Lawyer Who Excessively Billed Clients Suspended
The Ohio Supreme Court today suspended a Cuyahoga County attorney for two years and ordered him to pay restitution to his former law firm after finding that he charged excessive legal fees to three nursing home operators that were the firm’s clients.
Pike County May Withhold Portions of Autopsy Reports from Press
Portions of a county coroner’s autopsy reports that are part of an open homicide investigation are not public records and not available for public inspection until investigators release them, the Ohio Supreme Court ruled today.
Red-Light Camera Cases Sent Back to Lower Courts
Challenges by the cities of Springfield and Toledo to a 2015 state law regulating the use of red-light and speed cameras must be resolved by trial courts applying the Ohio Supreme Court’s July ruling that parts of the state law are unconstitutional.
Two Ohio Attorneys Suspended
Two Ohio lawyers were suspended for two years, with 18 months stayed, by the Ohio Supreme Court today for violating rules governing the conduct of Ohio attorneys.
Landowners Can Challenge Increased Property Tax Value Placed on Woodlands
The Ohio Supreme Court ruled today that landowners who complain that their agricultural lands have been overtaxed may challenge their land values before the Ohio Board of Tax Appeals.
Akron Securities Attorney Suspended
The Ohio Supreme Court today suspended an Akron attorney for two years, with six months stayed, for practicing law while suspended and making a false statement on a federal financial registration form.
Court Issues Suspensions to Three Attorneys
Three Ohio attorneys received partially stayed suspensions from the Ohio Supreme Court today that suspend their law practice for six months.
Sidney Man Engaged in Unauthorized Practice of Law
The Ohio Supreme Court today decided that a Sidney man engaged in the unauthorized practice of law when he told a debt collector for the Ohio attorney general that he was the “authorized representative” of another person and demanded the collector pay his client $100,000.
Former Niles Law Director Suspended
The recently retired Niles city law director was suspended for two years, with one year stayed, by the Ohio Supreme Court today for professional misconduct associated with the private law practice he maintained in conjunction with his public office.
County Must Turn Over Girl’s Autopsy Records to Father Who Killed Her
The Cuyahoga County Medical Examiner’s Office must turn over the autopsy records of an infant to her father, who is serving 15 years to life for the murder of the child, the Ohio Supreme Court ruled today.
Attorney Who Charged Excessive Fee Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended an Urbana attorney who was convicted of a felony because he netted $127,000 by selling the land of his client to pay her legal fee even though he provided only $9,000 in legal services.
Man Claims Death Sentence Unfair Because He Was Only Accomplice
A man sentenced to death as a teenager is challenging the death penalty, arguing that it’s unfair to execute him for the 2014 murder of an 18-year-old Waynesville man, while the actual killer received life in prison without the chance of parole.
Woman Questions Trial Court’s Appointment of Guardian for Her During Divorce
A Cuyahoga County woman going through a divorce contests a decision by the trial court to appoint a guardian ad litem for her, implying that she is incompetent. She argues that Ohio law doesn’t allow a court to declare an adult incompetent without first giving notice and conducting a hearing.
Separate Parole Violation Penalties Ruled Constitutional
Two separately issued parole violation sanctions, including a three-year prison sentence, did not violate the “double jeopardy” clauses of the U.S. and Ohio constitutions, the Ohio Supreme Court ruled today.
Substitute Custodian Not Regular School Employee
A substitute custodian whose schedule is irregular with respect to days of service, hours worked, and school-building assignment is not considered a “regular nonteaching school employee” under an Ohio law that would qualify him for better wages and benefits, the Ohio Supreme Court ruled.
Marion Must Accept Limestone Mining Company’s Annexation Request
Marion County must approve National Lime & Stone Company’s request to have 224 acres of its industrial mining property annexed to the city of Marion, the Ohio Supreme Court ruled today. The decision overturns a rejection of the move by the Marion County commissioners.
Statute Requiring Disclosure of HIV Positive Status to Sexual Partners Is Constitutional
The Supreme Court today unanimously upheld the constitutionality of R.C. 2903.11(B)(1), Ohio’s HIV-disclosure statute, which makes it a crime for a person who has tested positive for HIV to knowingly engage in sexual conduct with another without disclosing that information, concluding that it does not violate either the free speech provision of the First Amendment or the Equal Protection Clauses of the United States or Ohio Constitutions.
Juvenile Court Can Dismiss Sexual Crimes Committed by Young Children
The rules of juvenile court allow a judge to dismiss criminal gross sexual imposition charges against a minor under age 13 who engages in sexual conduct with a child close in age, the Ohio Supreme Court ruled today.
Court Can Move Forward on Charter School Land Dispute
The Ohio Supreme Court today clarified that the “jurisdictional priority” rule does not apply to two cases filed in the same division of the same court, and that the case in which a defendant is first properly notified is the case that moves forward.
Court Hears Asbestos-Related Lawsuit Then Travels to Marietta for Off-Site Court
The Ohio Supreme Court will consider the appeal of an asbestos-related wrongful-death lawsuit and two attorney disciplinary cases next week during oral arguments in Columbus.
Evidence Can Be Used When Police with Warrant Improperly Enter Premises
If a police officer with search warrant violates Ohio’s “knock-and-announce” law, the criminal evidence obtained during the search can still be used to prosecute the suspect, the Ohio Supreme Court ruled today.
Court to Mark 30th Anniversary of Off-Site Court Program in Marietta
Washington County will host the justices of the Ohio Supreme Court in an off-site session on Oct. 18. The Court returns to Marietta to commemorate the first off-site court session, which was held in the city 30 years ago this month.
Court Blocks Transfer of Disbarred Attorney’s Assets
The Ohio Supreme Court has ordered a Hamilton County court not to proceed with a case involving the assets of disbarred attorney Stanley M. Chesley, calling the action a “product of fraud.”
Court Overturns Lake County Death Sentence
The Ohio Supreme Court today reversed the death sentence of a Lake County man accused of the 2010 rape and murder of a Mentor-on-the-Lake bartender.
Law Aimed at Reducing Workers’ Compensation Appeal Time Constitutional
A 2006 law intended to reduce delays of workers’ compensation appeals is constitutional, the Ohio Supreme Court ruled today.
Court Resolves Appellate Conflict Regarding Sealing of Court Records
A trial court may seal the records in a case dismissed without prejudice prior to the expiration of the statute of limitations, the Ohio Supreme Court ruled today.
State Must Prove Charter School Building Operators Intended to Profit from Lease Deals
The Ohio Supreme Court today overturned denials of property tax exemptions sought by the building manager of two Horizon Science Academy charter schools in Columbus.
Township Can Contest Use of Spent Lime to Fill Quarry in Local Court
An Ottawa County judge can consider some claims brought by a township against owners attempting to fill their rock quarry, the Ohio Supreme Court ruled today.
Court Had Authority to Return Akron Police Officer to Prison for Wife’s Murder
The Summit County Prosecuting Attorney had the right to appeal a judgment declaring a former Akron police captain innocent of murdering his wife, and a common pleas court judge had the right to send him back to prison, the Ohio Supreme Court ruled today.
Fracking, Death Sentence, Abortion Rights Examined in One-Day Session
Three cases before the Ohio Supreme Court include the appeal of a man’s death sentence for using Craigslist.org to draw men to rural Ohio and then kill them; whether a Cleveland abortion clinic has a right to challenge abortion restrictions placed in a state budget bill; and a claim that Ohio law recognizes a “horizontal forfeiture” in older oil and gas leases signed before the advent of “fracking.”
Court Rejects Additional Workers’ Compensation Awards
The Ohio Supreme Court today decided two cases that clarified when injured workers can receive additional benefit awards.
Guardian Ad Litem Must Be Appointed for Juveniles if Parents Are Deceased
A juvenile whose parents are deceased does not need to request that a guardian ad litem (GAL) be appointed for an “amenability” hearing in juvenile court, but a judge must appoint one as required by law, the Ohio Supreme Court ruled today.
Death Penalty for Warren Murder Affirmed
The Ohio Supreme Court has affirmed the death sentence of a Warren man convicted of kidnapping, robbing, and killing an acquaintance in 2012.
Admissions of Fault when Coupled with Apologies Cannot Be Used in Lawsuits
A health care provider’s statement of apology that expresses fault or admission of liability to a patient or the patient’s family cannot be admitted as evidence in a civil lawsuit against the provider, the Ohio Supreme Court ruled today.
Psychological Harm Can Be Considered in Kidnapping Sentence
The Ohio Supreme Court ruled today in kidnapping cases, when considering whether the victim was released in a safe place unharmed—a factor that reduces the level of the offense—a jury can consider both physical and psychological harm to the victim.
Strip Club Not Liable for Auto Accident Injuries Caused by Intoxicated Dancer
Ohio’s “Dram Shop Act” limits the legal responsibility of liquor permit holders not only for acts of an intoxicated customer who causes an accident after leaving the establishment where drinks are sold, but also for acts of any intoxicated worker or person after they leave, the Ohio Supreme Court ruled today.
Court Examines State Law Mandating Transfer Agreements with Hospitals
An abortion law dispute involving a statute that requires certain medical facilities to have a transfer agreement with a local hospital for emergencies or medical complications has been taken up for review by the Ohio Supreme Court.
Eighth District: Court Acts to End Cleveland Driver’s Long Legal Journey
An Ohio appeals court – after ruling that a Cleveland judge improperly reduced a man’s drunken driving charge – recently ruled the man can’t be tried again for the incident.
Court of Claims: State Pays Marion Man $70,000 After Lawn Mower Threw Rock at his Face
After the Ohio Supreme Court concluded in 2016 that the Ohio Department of Natural Resources (ODNR) wasn’t immune from a lawsuit by a Marion man struck in the face by a rock when fishing at Indian Lake State Park, the department agreed to settled the case for $70,000.
Twelfth District: Former Coroner Owes $7,500 in Attorney Fees to Sheriff Employees Accused of Inmate’s Murder
The former Brown County coroner, who alleges that sheriff’s deputies killed an inmate and staged his death as a suicide, owes the county employees $7,500 in legal fees spent to defend themselves against her claims, an Ohio appeals court ruled.
Third District: University of Findlay Can Continue Suit for Massive Grass Damage
The University of Findlay can continue to seek about $325,000 from an insurance company for the costs to replace nearly 75 percent of the grass on campus that was killed when the wrong pesticide was used, and Ohio appeals court ruled.
Sixth District: Sentence Vacated When Cop and Dash Camera Conflict
An Ohio appeals court vacated an Oregon, Ohio, man’s drunken driving conviction after concluding the arresting officer’s version of events that prompted him to pull the man over did not match the recording of the police vehicle’s dashboard camera.
Fifth District: Expulsion Confirmed for Student Member of School Shooting Messaging Group
In the fall of 2015, a three-ring binder glorifying the 1999 Columbine High School massacre was found in the stairwell of a Mansfield high school.
Fired Adult-Services Worker Had to Disclose Sealed Conviction
The Franklin County Board of Developmental Disabilities had the right to terminate an adult-services worker for failing to disclose his sealed criminal conviction on applications to renew his state registration during the 18 years he worked there, the Ohio Supreme Court ruled today.
Court Affirms Sentences for Crimes Committed by Juvenile
If a juvenile is convicted of committing a crime that, when charged, required the case to be transferred from the juvenile division to the general division of a common pleas court, the juvenile will be sentenced by the general division for all convictions in that case, the Ohio Supreme Court ruled today.
Restrictions to Use of Red-Light Cameras Ruled Unconstitutional
Three of the many provisions of a 2015 state law regulating the use of red-light and speed cameras are unconstitutional because they infringe upon municipal authority without serving an overriding state interest, the Ohio Supreme Court ruled today.
Death Penalty Upheld for 1991 Murder Near Ohio-Indiana Border
Ohio courts maintained the authority to try a suspected killer and his death sentence stands even if the evidence could not determine whether his victim was killed in Ohio or Indiana, the Ohio Supreme Court ruled today.
First District: Cincinnati Neighbors’ Battle Over Bamboo and Buffett Ends in Draw
Two neighbors who successfully sued each other for trespassing in a dispute about bamboo, grass, and shrubs along their property line had their victories overturned by an Ohio appeals court last week.
Attorney Who Misappropriated $363,000 Permanently Disbarred
A Columbus personal-injury attorney was permanently disbarred by the Ohio Supreme Court today for misappropriating more than $363,000 in settlement funds, mostly by not paying parties, other than her clients, who were entitled to portions of the settlement.
Two Attorneys Sanctioned for Fee-Related Misconduct
The Ohio Supreme Court today sanctioned two attorneys for fee-related misconduct and other violations of the rules governing Ohio attorneys.
No Rights Warnings Required to Question Intoxicated Driver in Police Vehicle Front Seat
Placing a suspect in the front seat of a police cruiser during a traffic stop does not alone determine if the officer needs to read the suspect his rights before questioning, the Ohio Supreme Court ruled today.
Presumed Father Not Required to Support Birth Mother to Maintain Right to Contest Adoption
The presumed father of a child born out of wedlock did not give up his right to contest the mother’s decision to place the child for adoption when he failed to provide the pregnant mother financial support, the Ohio Supreme Court ruled today.
Mandatory Sentences for Juveniles Constitutional
State laws mandating sentences for juveniles are constitutional, the Ohio Supreme Court has ruled.
Attorney Suspended for Misleading Advertising of Affiliation with Supreme Court Justice
The Ohio Supreme Court imposed a two-year, stayed suspension on an Ashtabula County attorney whose business card and law office sign implied he was still in partnership with a sitting Ohio Supreme Court justice.
Second District: Deputy Not Reckless when Wrecked Car Towed with Injured Man Inside
A Dayton man who was towed away in his car after he wrecked it lost his claims that the deputy who responded to the scene and the Montgomery County sheriff were reckless, an Ohio appeals court ruled.
Board of Elections Directed to Place Law Director Candidate on Ballot
The Ohio Supreme Court directed the Cuyahoga County Board of Elections to place Andrea Rocco on the November 7 general election ballot as a candidate for law director in the city of Westlake.
Third District: Video Footage of Man’s Garage from Utility Pole Didn’t Violate His Privacy Rights
Law enforcement’s installation and operation of a video camera on a utility pole near a Lima man’s residence didn’t violate his right to privacy, and the evidence gathered based on footage from the camera was properly admitted in the trial court, an Ohio court of appeals ruled last week.
Board Must Reconsider Fitness Center’s Property Value
The Ohio Board of Tax Appeals (BTA) will have to consider whether a national fitness chain’s willingness to pay above the market rate to rent space in Hilliard led Franklin County to improperly increase the property’s tax value.
Columbus Lawyer with Multiple Convictions Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Columbus attorney who faced criminal charges in five matters in a two-year time span.
Lawyer Who Misled Investigators About Past Insurance Crime Has License Revoked
The Ohio Supreme Court today revoked the license of a Macedonia lawyer who concealed information from state bar exam admission officials about being under investigation for insurance fraud, which led him to plead guilty to an insurance-related crime.
Attorney Convicted of Child Pornography Charges Suspended
A Kent attorney who pleaded guilty to 20 fourth-degree felony counts of pandering sexually oriented material involving a minor was suspended indefinitely by the Ohio Supreme Court today.
Auditor Appropriately Lowered Carmax Tax Value by $1.1 Million
The Montgomery County Auditor’s $1.1 million reduction in the property tax value of a West Carrollton Carmax Auto Superstore was affirmed by the Ohio Supreme Court today.
Fifth District: Housekeeper Didn’t Need Prosecutor’s Approval to Receive Drug Treatment
A woman accused of stealing drugs from a Newark home she cleaned can undergo treatment even without the prosecutor's approval, an Ohio appeals court ruled this week.
Only Woman on Ohio Death Row
Donna Roberts is the only woman on death row in Ohio and the state’s top court just ruled that she will remain there.
Attorney Linked to State Treasurer Scheme Disbarred
A Columbus attorney convicted in a felony bribery and kickback scheme at the Office of the Ohio Treasurer was permanently disbarred by the Ohio Supreme Court today.
Dialysis Centers Due Partial Tax Exemption
Four Dayton area dialysis centers are entitled to a charitable tax exemption even though the organization seeks to have a majority of its users pay through insurance or federally funded healthcare programs, the Ohio Supreme Court ruled today.
Man on Death Row Seeks DNA Tests of Evidence from 1990 Murders in Portage County
The man convicted for the 1990 murders of an Atwater couple is asking the Ohio Supreme Court to grant a number of requests related to DNA testing of evidence from the crime scene in an effort to overturn his convictions and death sentence.
Oil and Gas Lease Did Not Terminate for Unpaid Royalties
A lease to drill for oil and gas in Washington County did not terminate when the energy companies failed to pay annual royalties it promised the landowners, the Ohio Supreme Court ruled today.
Ohio Supreme Court Hears HIV Case
The Ohio Supreme Court recently heard a case on whether a state law that mandates HIV-positive people to disclose their status to their partners is constitutional.
Law Student Who Refused to Provide Information Blocked from Bar Exam
A law school graduate who failed to disclose the details of several traffic violations and claimed he was not obligated to provide the information in order to take the Ohio bar exam, had his application to take the test denied by the Ohio Supreme Court today.
Toledo Area Lawyer Permanently Disbarred
A Sylvania lawyer was permanently disbarred by the Ohio Supreme Court today, in part because he failed to comply with the orders of his existing suspension.
Record-Sealing Case One of Seven to Be Heard by Supreme Court
The Ohio Supreme Court will review whether the record in a dismissed court case can be sealed during the time when the state can still file charges.
Court Affirms Death Penalty in Trumbull County Killing
The Ohio Supreme Court affirmed imposition of the death penalty on Donna Roberts, who conspired with Nathaniel Jackson to kill her ex-husband, Robert Fingerhut, with whom she had been living.
Court Reverses Itself — Approves State’s Mandatory Bindover for Older Juveniles
The constitutional rights of older juveniles charged with certain serious crimes are not violated when they are automatically sent to trial in adult court, the Ohio Supreme Court ruled today.
Terms of Postrelease Control Need Not Be Repeated Verbatim in Sentencing Entry
When a judge imposes postrelease control on an offender, the judge is required to provide all of the statutorily required notifications at a sentencing hearing.
Plea Deal Barred Attempted Ethnic Intimidation Prosecution
When two Portsmouth men accused of felony ethnic intimidation agreed to plead no contest to misdemeanor aggravated menacing crimes, the constitutional protection against double jeopardy barred the state from subsequently pursuing ethnic intimidation convictions, the Ohio Supreme Court ruled today.
Cincinnati Attorney Who Impersonated Colleague Disbarred
The Ohio Supreme Court today permanently disbarred a Cincinnati attorney for multiple professional conduct violations, including impersonating a former colleague during his suspension so that he could continue to represent a client in court.
Injured Worker Must Appeal to Higher Court to Regain Preexisting Condition Benefits
When a pre-existing condition is aggravated by a workplace injury, the state will provide benefits until the condition returns to the level before the on-the-job injury.
Unless Prohibited by Contract, Arbitrator Free to Set Penalty for Workplace Rule Violation
The Ohio Supreme Court today reinstated an arbitrator’s decision that a Findlay Police sergeant deserved a long suspension rather than termination for behavior unbecoming a police officer.
‘Significant Acts of Dishonesty” Lead to Indefinite Suspension of Columbus Attorney
The Ohio Supreme Court today indefinitely suspended a Columbus attorney who deliberately made false statements during legal proceedings, disobeyed rules in multiple courts, and engaged in dishonest conduct throughout his disciplinary proceedings.
Book Bag Search that Led to Discovery of Gun at School Was Permissible
The constitutional rights of a student who had bullets in his book bag were not violated when a high school used this discovery to search another of the student’s bags and found a handgun, the Ohio Supreme Court ruled today.
Convicted for Solicitation, Former Municipal Court Judge Suspended from Practice of Law
The Ohio Supreme Court today suspended a former Bedford Municipal Court judge who was convicted of soliciting prostitution and falsifying a court record.
Can Youth Be Charged with Sex Crime when Both Participants Are Under Age 13?
The Ohio Supreme Court next week will consider whether Ohio’s gross sexual imposition law is constitutional when applied to minors under age 13.
Kidnapping and Sexual Assault by Cab Driver Intersect on Issue of Harm
The Ohio Supreme Court will consider whether a Cleveland woman who was sexually assaulted by a taxi driver could be released “unharmed,” which would warrant a lesser kidnapping offense for the driver.
Estate Claim Must Be Presented Directly to Court-Appointed Representatives
Ohio law requires a claim against an estate to be filed on time and in writing to the estate’s executor or administrator. Delivering the claim to a person not appointed by the probate court who gives it to the executor or administrator does not meet the law’s requirements, the Ohio Supreme Court ruled today.
Allegations that Judge’s Harsher Sentence Is Vindictive Must Be Supported with Evidence
If a criminal defendant gets a harsher sentence than one offered in a plea bargain, any allegation that the judge imposed the sentence as a “trial tax” must be supported with evidence that clearly and convincingly demonstrates the judge acted vindictively, the Ohio Supreme Court ruled today.
ODOT Loses $800,000 Toledo Bridge Painting Case
The Ohio Department of Transportation will pay a Michigan contractor $800,000 to settle a dispute over delays and cost overruns related to the painting of the Craig Street Memorial Bridge in Toledo.
East Cleveland Court Can Hear Dereliction-of-Duty Cases Against Five Cleveland Police Supervisors
East Cleveland Municipal Court may decide whether it has jurisdiction to try five Cleveland Police Department supervisors charged with dereliction of duty in the aftermath of a 2012 pursuit that left two people dead when police fired 137 bullets at the suspects, the Ohio Supreme Court ruled today.
Some Records Relating to Former County Executive Ordered Released
The Ohio Supreme Court ruled today that nine incident reports relating to former Cuyahoga County Executive Edward FitzGerald from May 2012 to August 2014 are public records and must be released to the requestor.
Sixth District: Raise Damages for Ex-Wife’s Facebook Falsehoods
A Youngstown man’s $100 defamation award was too low because the trial judge incorrectly assumed that the offending Facebook posts were read mostly in northwest Ohio where the man used to reside with his ex-wife, an Ohio appeals court ruled.
Death-Row Inmate Contests Ohio’s Jurisdiction in His Murder Trial
A man on death row for the 1991 murder of a child from Harrison claims the state didn’t have the right to prosecute him in Ohio because the child may have been murdered in Indiana.
Court of Claims: Two Men Exonerated for Murder Granted $1.45 Million Each for Wrongful Imprisonment
The state has agreed to pay two Northeast Ohio men about $1.45 million each after they were declared wrongfully imprisoned for more than 16 years.
Court Requires Thorough Explanation of Senior Housing Complexes’ Tax Values
The Ohio Board of Tax Appeals (BTA) failed to indicate that it considered the local school district’s criticism of tax valuations for two Grove City senior housing complexes, and the board must explain its decision in more detail, the Ohio Supreme Court ruled today.
Former Medina City Prosecutor Receives One-Year Stayed Suspension
The Ohio Supreme Court today issued a one-year stayed suspension for a former part-time Medina city prosecutor and placed him on monitored probation.
County’s Reappraisal of Cincinnati Coca-Cola Plant Stands
The Hamilton County auditor’s $14 million appraisal of a Cincinnati Coca-Cola bottling plant will stand despite the owner’s contention that the property is worth only about $8.55 million, the Ohio Supreme Court ruled today.
Tax Commissioner Has No Duty to Calculate Tax Rates for Multicounty Levy Presented to Voters in Only One County
The Ohio Supreme Court today denied arequest by the Delaware Joint Vocational School District Board of Education to compel Ohio Tax Commissioner Joe Testa to calculate tax rates on a 2015 multicounty renewal levy.
Bullets in Book Bag Lead to Controversial Student Search
When school employees search students, are they bound by the same Fourth Amendment requirements as police officers, and do they face the same consequences of having evidence barred for use in a criminal trial if the search was illegal?
Attorney Convicted of Bribery Conspiracy Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Strongsville attorney convicted of felonies for his role in a bribery scheme involving prominent Cleveland attorney Anthony Calabrese III, who was disbarred and is serving a nine-year federal prison sentence for bribery.
Barberton Attorney Suspended for Two Years
The Ohio Supreme Court today suspended a Barberton attorney from the practice of law for two years with the last six months stayed based on discrepancies in her handling of two criminal cases.
Ten Cases Slated for February Court Session
Oral arguments at the Ohio Supreme Court next week will span three days and feature 10 cases.
Red-Light Camera Dispute Scheduled for Argument at Supreme Court
The city of Dayton is challenging legislation passed in 2014 that places limits on how automated traffic cameras can be used to catch people running red lights and speeding through intersections.
Ohio Supreme Court Announces Multiple Decisions
The Ohio Supreme Court today announced several decisions.
Supreme Court Rules City of Findlay Not Immune in Stop Sign Accident Case
The city of Findlay is not immune from liability in a traffic accident case involving a stop sign obscured by a tree, the Supreme Court of Ohio ruled today.
Civil Lawsuits Can Be Based on Most Criminal Acts
Civil lawsuits can be filed based on claims of being victimized by a criminal act, even when financial compensation is not specifically authorized by law, the Ohio Supreme Court ruled today.
Most Criminal Investigation Records Become Public When Trial Concludes
Most law enforcement records involving the investigation of a suspect become public record once the suspect’s trial concludes, the Ohio Supreme Court ruled today.
Officers Immune From Damages Bystander Suffered During High-Speed Chase
The Ohio Supreme Court rejected the position that a police officer’s conduct must be “extreme and outrageous” to be held civilly liable for damages caused during high-speed pursuits, but still granted immunity to officers who participated in a 2011 Montgomery County chase that severely injured a bystander.
Synthetic Drugs Criminalized When Carryout Owner Sold Them
The Ohio Supreme Court ruled today that “controlled substance analogs,” such as Spice and K2, were criminalized by statute as early as Oct. 17, 2011.
Prosecutors Must Prove Actual Cocaine Weight in Possession Cases
Prosecutors must prove that the actual weight of cocaine, excluding any filler materials, meets statutory levels when prosecuting cocaine-possession cases, the Ohio Supreme Court ruled today.
‘Prior Calculation and Design’ is More than Purposeful Killing
The Ohio Supreme Court today struck down the aggravated murder conviction of a man who fatally shot a fellow patron during a Cleveland bar fight because the prosecutor did not prove he acted with “prior calculation and design.”
Mandatory Transfer of Juveniles to Adult Courts Is Unconstitutional
The Ohio Supreme Court ruled today that mandatory transfer of juveniles to the common pleas courts violates juveniles’ right to due process as guaranteed by the Ohio Constitution.
‘Functional Life Sentences’ for Juvenile Nonhomicide Offenders Unconstitutional
A juvenile’s 112-year sentence for rape, kidnapping, and multiple other felonies with eligibility for judicial release when he turns 92 is unconstitutional, the Ohio Supreme Court ruled today.
Post-Conviction DNA Testing Appeals Process Unconstitutional
The Ohio Supreme Court ruled today that part of the state law that limits the appeals of capital offenders seeking DNA testing after a conviction is unconstitutional.
Delayed Release of Body-Cam Video from Cincinnati Police Shooting Was Reasonable
The Hamilton County prosecutor acted reasonably when he publicly released a University of Cincinnati police body-cam video six business days after receiving it, the Ohio Supreme Court ruled today.
Ohio Supreme Court Disciplines Three Attorneys
The Ohio Supreme Court today disbarred one attorney and suspended two others for violating multiple professional conduct rules in three separate per curiam opinions.
Community-Control-Revocation Hearings Include Right to Allocution
Trial courts must allow offenders to speak on their own behalf during community-control-revocation hearings before imposing sentences for violating conditions of community control, the Ohio Supreme Court ruled today.
Court Affirms Death Penalty in Akron Double Homicide
A man convicted in Summit County of killing his children’s mother and the man she was dating will remain on death row, the Supreme Court ruled today.
Damage Caps Constitutional When Applied to Sexual Assault of Minor
Capping damages awarded in a civil lawsuit to a teenage victim of a sexual assault did not violate the girl’s constitutional rights, the Ohio Supreme Court ruled today.
Attempted Acts of Violence Not Eligible for Expungement
The Ohio Supreme Court ruled today that attempted robbery is a crime of violence and that someone convicted of it is statutorily ineligible to have the record of conviction sealed.
Court Upholds Conviction and Death Penalty for Medina County Murder
The convictions and death sentence of a former inmate who fled from a halfway house and killed a Medina County man were affirmed today by the Ohio Supreme Court.
Workers’ Comp Concurrent Award Not Authorized by Law
The Ohio Supreme Court today ruled that state law does not permit an award of permanent-partial disability compensation to an injured worker who has already been awarded permanent-total disability compensation in the same claim.
Court Affirms Death Penalty for Cleveland Serial Killer
The Ohio Supreme Court today affirmed the 11 aggravated murder convictions and death penalty sentences of Anthony Sowell for the serial killing of 11 women in Cleveland.
Failed Judicial Candidate Receives Suspension For False Campaign Statements
An unsuccessful candidate for judge of the Eleventh District Court of Appeals today was suspended by the Ohio Supreme Court from the practice of law for one year with six months stayed for committing misconduct during his 2014 race.
Discovery Orders Challenged Under Attorney-Client Privilege May Be Reviewed Immediately on Appeal
A court order compelling the production of materials, which would allegedly breach the confidentiality guaranteed by attorney-client privilege, is a final, appealable order, which can be subject to immediate review by an appellate court, the Ohio Supreme Court ruled today.
Law Enforcement Dash-Cam Videos Are Public Records Subject to Redaction
Ohio law enforcement dash-cam recordings are public records that cannot be shielded in their entirety, but portions considered “investigatory work product” can be withheld, the Ohio Supreme Court ruled 7-0 today.
Two Ohio Attorneys With Felony Convictions Suspended
The Supreme Court today suspended Carly L. Snavely of Chagrin Falls and Arthur A. Ames of Dayton.
Cincinnati Area Attorney Suspended for Two Years
The Ohio Supreme Court today suspended a Cincinnati-area attorney for providing assistance and poor advice to a man who violated a civil protection order and was sentenced to 90 days in jail.
Immigrant Can Withdraw Admission of Guilt to Avoid Deportation
If a pretrial diversion program requires a noncitizen to admit guilt, a trial court must warn the accused that he or she could be deported, the Ohio Supreme Court ruled today.
Ohio Can Impose Commercial Activity Tax on Online Retailers
Ohio can impose its commercial-activity tax (CAT) on out-of-state companies that sell products and services to Ohioans, but have no physical presence in the state, the Ohio Supreme Court ruled today.
Report Using Driver’s Account of No-Contact Hit-and-Run Accident Can Be Used for Claim
When a motorist is injured in an accident caused by avoiding an unidentified vehicle that fled the scene, evidence derived from the driver’s account, such as a police report, can be used as “independent corroborative evidence” to support a claim for uninsured motorist insurance coverage, the Ohio Supreme Court ruled.
Court Blocks Hamilton County Judge from Consolidating Hundreds of Malpractice Cases
A Hamilton County Common Pleas Court judge lacked the authority to consolidate and hear hundreds of medical malpractice lawsuits filed against a local surgeon who was indicted on federal health-care charges and faces civil cases for performing unnecessary surgeries, the Ohio Supreme Court ruled today.
Court Refuses to Consider Demolition Permit for Historic Cincinnati Record Company
The Ohio Supreme Court today denied a Cincinnati company’s request for a city permit to demolish the King Records building, which was recently designated as a historic landmark.
Court Corrects Sentence Involving Allied Offenses
Once a trial court determines an offender is guilty of allied offenses of similar import, Ohio law requires the sentences to be merged and allows the prosecutor to choose the offense for sentencing.
Captain America Filming Shielded from Takings Claim
Reduced access to a downtown Cleveland public parking lot during a 16-day road closure for the filming of a superhero movie did not constitute a “compensable taking” under the Ohio Constitution, the Ohio Supreme Court ruled today.
Siblings Who Mismanaged Funds of Former Cleveland Mayor’s Spouse Suspended for One Year
Two Cuyahoga County attorneys were suspended for one year by the Ohio Supreme Court today for multiple ethical violations related to the services performed for the late wife of former Cleveland mayor and Ohio Supreme Court Justice Ralph S. Locher.
No Civil Claim for Negligent Misidentification in Ohio
The Ohio Supreme Court today returned a case to federal court, ruling that the state does not recognize the tort of negligent misidentification.
Court Orders New Sentence in Juvenile Rape Case
Based on a holding earlier this year that juveniles are entitled to the same constitutional double-jeopardy protections as adults, the Ohio Supreme Court today ordered a new disposition hearing for a Cleveland juvenile found delinquent for raping his 12-year-old cousin.
Company Cannot Change Method of Filing Tax Return to Obtain Refund
The Ohio Supreme Court ruled today that a Bedford Heights ordinance allowed the city to reject a request for a nearly $700,000 tax refund sought by New York Frozen Foods Inc. for tax years 2005 through 2007.
Natural Gas Royalty Payments Based on Lease Terms
Ohio does not follow a blanket rule for allocating the postproduction costs of preparing natural gas for sale between oil and gas producers and mineral rights owners, and judges will have to examine leases between oil and gas producers and mineral rights owners to determine royalty payments, the Ohio Supreme Court ruled today.
Montgomery County Agency Cannot Contest State Board Ruling in Franklin County
A local government agency can only contest rulings of the State Employee Relations Board (SERB) in a county where it has a physical presence, according to a state appeals court ruling that the Ohio Supreme Court let stand.
Court Rules in 14 Rape Cases Based on Earlier Decisions
The Ohio Supreme Court today decided 14 Cuyahoga County criminal cases involving rape charges based on an earlier ruling that an offender had to be sentenced according to the law at the time of his conviction.
PUCO Must Explain Reasons for Permitting Duke Energy’s Sale of Competitive Services
The Public Utilities Commission of Ohio (PUCO) violated state law when it failed to explain why it allowed a regulated electric utility to offer competitive services, the Ohio Supreme Court ruled today.
Court Affirms Disputed Reduction in Apartment Complex’s Tax Value
The Ohio Supreme Court today approved a $4.3 million reduction in the property tax value of a New Albany area apartment complex, ending a nearly decade-old dispute between the owners and the Columbus city schools.
State’s Tax Credit Reduction Was On Time; Now Tax Board Must Decide Amount
The Ohio Supreme Court today reversed an Ohio Board of Tax Appeals (BTA) decision that allowed for $17 million in corporate tax credits -- because the tax commissioner had mailed an order reducing the amount too late.
Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Injury
The Ohio Supreme Court upheld a state law requiring that most medical-malpractice lawsuits be filed within four years of the act or omission alleged to have caused the injury.
Probate Court Can Consider Adoption Over Objections of Children Services Agency With Custody
A probate court may consider a couple’s request to adopt a minor with the mother’s consent after a juvenile court has granted temporary custody to a county children services agency that placed the child with an out-of-state relative, the Ohio Supreme Court ruled today.
Juvenile Must Receive Credit for Days Held in Confinement Pending Trial
The 286 days a juvenile offender served in confinement before reaching a plea agreement must be credited toward his two-year commitment to a juvenile detention facility, the Ohio Supreme Court ruled today.
Attorney Convicted of Sexual Battery Receives Two-Year Suspension
The Ohio Supreme Court today suspended a central Ohio attorney for two years after he was convicted of sexual battery in March 2015.
Court of Claims: Former Firefighter Who Helped in New York City After 9/11 Not Victim of Crime
A Springfield firefighter who traveled to New York City after the 9/11 terrorist attacks to help with cleanup efforts isn’t entitled to compensation as a victim of crime, the Ohio Court of Claims ruled on Tuesday.
Cleveland Attorney Permanently Disbarred
The Ohio Supreme Court today disbarred a Cleveland attorney for professional misconduct including settling personal injury matters without the consent of his clients, failing to promptly deliver funds to a client, and engaging in a sexual relationship with another client.
Proving Crime of Photographing Nude Children Without Consent Differs from Possessing Child Nudity
The state was not required to prove that a secret recording of an 11-year-old girl undressing was lewd or graphic to convict a Montgomery County man of creating nudity-oriented material involving a minor, the Ohio Supreme Court ruled today.
Board of Tax Appeals Must Consider Madison County Auto-Part Maker's Objections
The Ohio Board of Tax Appeals (BTA) must address particular objections by a Madison County auto-parts maker whose property was valued by the board of revision at $28 million for tax purposes, about $16.5 million more than the company believes it is worth, the Ohio Supreme Court ruled today.
Tenth District: School Teacher’s Conviction for Showing Obscene Movie Upheld
A graphic movie shown in a Columbus high school Spanish class was ruled “obscene” and a jury was justified in convicting a substitute teacher of four felonies for disseminating harmful matter to juveniles, a divided appeals court ruled.
Court of Claims: Ohio State University Settles Doctor’s Age Discrimination Suit
Ohio State University Wexner Medical Center has agreed to pay $100,000 in a settlement to a former doctor who alleged age discrimination following a 2014 demotion.
Seventh District: Pedestrian vs. Driver Rules-of-the-Road Case Turned Back to Trial Court
In a Belmont County pedestrian-driver dispute, an appeals court returned to the trial court the case of a pizza delivery man who was struck by a van as he crossed a street to get into his car.
Belmont County Surface Owners Not Entitled to Mineral Rights Under Their Properties
Two surface property owners in Belmont County did not follow the notice requirements of the 2006 version of the Ohio Dormant Mineral Act (ODMA), and are not entitled to the oil and gas rights below, the Ohio Supreme Court ruled today.
Dormant Mineral Act Did Not Automatically Transfer Rights to Surface Owners
The Ohio Supreme Court ruled today that the 1989 version of the Ohio Dormant Mineral Act (ODMA) did not operate automatically to allow oil, gas, and mineral rights to be deemed abandoned and vested in a surface owner, but required the surface owner to seek a judicial decree that the mineral rights were abandoned.
Noble County Mineral Rights Holder Properly Preserved Oil and Gas Rights
A Noble County mineral rights holder properly preserved those rights when a surface owner attempted to have them deemed abandoned under Ohio’s Dormant Mineral Act (ODMA), the Ohio Supreme Court ruled today.
Court Decides 14 Fracking-Related Cases
Hydraulic fracturing, also known as fracking, has led to numerous lawsuits among parties disputing ownership of oil and gas rights.
Retrial for 2002 Murder Indictment Does Not Violate Man’s Constitutional Rights
Four attempts to try a man accused of murdering a Mahoning County woman have ended in a series of mistrials and hung juries over 14 years.
Former Cuyahoga County Official Receives One-Year Stayed Suspension
The Ohio Supreme Court today issued a former Cuyahoga County assistant prosecutor a one-year stayed suspension from the practice of law for falsifying his work timesheets while serving as a county board of revision hearing officer.
Court Denies Damages in Records Dispute
An Avon Lake man’s attempt to prove he hand-delivered a public records request to the city police department through the use of cellphone video was rejected by the Ohio Supreme Court today.
Death Penalty Affirmed for Man Convicted of Two Cincinnati-Area Murders
The Ohio Supreme Court today affirmed the death sentence of a man convicted of killing his girlfriend and his friend who helped him dispose of the girlfriend’s body.
Youngstown Attorney Indefinitely Suspended
A Youngstown attorney with four prior suspensions has been indefinitely suspended from practicing law by the Ohio Supreme Court today.
Court Upholds Amendments to Champaign County Wind Farm Permit
The Ohio Power Siting Board appropriately determined that a hearing was not necessary on certain proposed changes to a certificate to construct a wind turbine facility, the Ohio Supreme Court ruled today.
Meigs County Charter Issue Must Be Placed on Ballot
The Meigs County Board of Commissioners must place a proposed county charter amendment on the Nov. 8 general election ballot, the Ohio Supreme Court ruled today.
Court of Claims: Broken Basketball Seat Lawsuit Blocked
The Ohio Court of Claims rejected a $10,000 claim from a man who said he was injured at a University of Akron basketball game when a seat he was attempting to sit in broke and dropped to the ground.
Three Attorneys Publicly Reprimanded
Two attorneys from Ohio and one from Kentucky were publicly reprimanded by the Ohio Supreme Court today.
Amendment Would Clarify Lawyers’ Responsibilities In Providing Services to Medical Marijuana Clients
The Ohio Supreme Court today announced a proposed amendment to the Rules of Professional Conduct clarifying the ethical responsibilities of lawyers under the state’s new medical marijuana law.
Hubbard Attorney Permanently Disbarred
The Ohio Supreme Court today permanently disbarred a Trumbull County attorney who participated in a scheme to conceal more than $850,000 of a client’s marital assets from the client’s husband before and during divorce proceedings.
Offender Convicted Nearly 20 Years After Crime Entitled to Shorter Prison Term
A Cuyahoga County man is entitled to a shorter potential prison sentence for rape and kidnapping because he should have been sentenced under the law in effect at the time he was convicted not when the crime occurred, the Ohio Supreme Court ruled today.
Good Samaritan Protection Applies to More Than Health Care Professionals
Ohio’s Good Samaritan law applies to any person who administers emergency care or treatment at the scene of an emergency including, but not limited, to health care professionals, the Ohio Supreme Court ruled today.
Using Juvenile Offense to Enhance Adult Crime Prison Sentence is Unconstitutional
Using a prior juvenile adjudication to enhance the sentence of an adult offender violates the state and federal constitutions, the Ohio Supreme Court ruled today.
Court Affirms Man’s Second Death Penalty Sentence
A Trumbull County trial judge’s error prompted the Ohio Supreme Court to vacate a man’s death sentence and order him to be resentenced. The trial judge again sentenced the man to death and while the Supreme Court still faulted the trial judge’s sentencing process, today it affirmed the death penalty.
Supreme Court Affirms Death Sentence for Killer of Mother and Two Children
The Ohio Supreme Court has affirmed the death penalty of a man who killed his ex-girlfriend and two children on Thanksgiving Day six years ago.
Court Releases Eight Opinions Consistent With Earlier Juvenile Sex-Offender Decision
The Ohio Supreme Court today released eight short opinions for cases whose facts were consistent with a juvenile sex-offender registration and notification case decided earlier this year.
Township Trustees Illegally Replaced Member on Military Leave
Spencer Township trustees in Lucas County improperly declared that a trustee on military leave vacated his office and the trustees then illegally replaced him with an outgoing trustee who lost his re-election bid, the Ohio Supreme Court ruled today.
Court to Review When Synthetic Drugs Were Made Illegal
Two state appeals courts disagree about whether the legislature made “analog,” or synthetic, drugs illegal in 2011 or 2012.
Supreme Court to Consider Constitutionality of Oil and Gas Law
The prospects of profitably extracting oil and natural gas from Ohio shale formations has led to many legal disputes over the ownership of mineral rights.
Tenth District: Non-Incumbent Candidates No Longer Have to Use “For” to Alert Voters They Don’t Hold the Office
Candidates can’t be required to list words such as “for” in their campaign materials to clarify for voters that they don’t currently hold the office they seek, an Ohio appeals court ruled.
Court of Claims Approves $2 Million Settlement for Columbus Construction Contractor
The Ohio School Facilities Commission and a project architect will pay a Columbus construction contractor upwards of $2 million to settle breach of contract claims related to building dormitories at the Ohio State School for the Blind and the Ohio School for the Deaf.
Peace Officer Sexual Battery Statute Ruled Unconstitutional
A state law making it a felony for a peace officer to have sex with a minor more than two years younger than the officer is unconstitutional, the Ohio Supreme Court ruled today.
Appeals Court Failed to Accurately Assess if 20-Year Delay in Rape Charge Violated Due Process
The Eighth District Court of Appeals applied an incorrect standard in reviewing the claim of a Cleveland man indicted 20 years after the alleged crime that the delay harmed his defense and violated his constitutional rights, the Ohio Supreme Court ruled today.
Dayton Area “Sabbath Rest” Destination Denied Tax Exemption
The Ohio Supreme Court today overturned a property tax exemption for a 71-acre Dayton area property where religious leaders and their spouses are invited to stay at no charge as a type of spiritual retreat.
Westerville Attorney Suspended
The Ohio Supreme Court today suspended from the practice of law a Westerville attorney who missed key deadlines for filing a personal injury lawsuit then misled his client to cover up his mistakes.
Electric Company Not Liable for Injuries When Deer Hit Motorcyclist Who Hit Pole
An electric company is not liable for injuries suffered by a motorcyclist who collided with a deer and then struck a utility pole, the Ohio Supreme Court ruled today.
Court of Claims approves two OSU Medical Center settlements
Ohio State University Wexner Medical Center will pay a Virginia man and a Hilliard woman a total of $200,000 to settle negligence claims related to leg injuries.
Springfield Schools Must Release Student Data as Public Records
Springfield City Schools must release student contact information requested by School Choice, a private non-profit organization whose mission is to inform students and parents about educational options, as long as parents have consented to making the information available, the Ohio Supreme Court ruled today.
Community-School Property Manager Denied Tax Exemption
A non-profit property management organization established by a community school is not entitled to a property-tax exemption, the Ohio Supreme Court ruled today.
Court Releases 26 Opinions Consistent With Two Earlier Decisions
The Ohio Supreme Court today released 26 short opinions for cases whose facts were consistent with two cases decided earlier this year.
Court of Claims: Settlements Approved in Two Medical Lawsuits Against Ohio State and University of Cincinnati
The Ohio Court of Claims approved settlements in separate lawsuits brought against the University Cincinnati College of Medicine (UC) and the Ohio State University (OSU) Wexner Medical Center.
Sixth District: Damages Award of $2.76 Million for Trike Crash Supported by Evidence
An appeals court recently upheld a $2.76 million verdict against a Cecil automotive parts shop, which sold a custom-made motorcycle axle shaft that fractured, leading to a lethal crash.
Court of Claims: Lottery Commission’s Termination of Former Seven Hills Mayor Upheld
The Ohio Lottery Commission legally terminated the former mayor of Seven Hills who claimed his dismissal from the state agency was the result of retaliation by his boss, the Ohio Court of Claims recently ruled.
Supreme Court to Consider Two Death-Penalty Appeals
The Ohio Supreme Court will hear two separate appeals from death-row inmates in cases from Summit and Medina counties during July oral arguments.
Standing to File a Foreclosure Requires Injury to Both Note and Mortgage, Court Rules
A foreclosure action consists of both an action at law to collect on a promissory note to repay a mortgage debt and an action in equity to enforce a mortgage interest by sale of the property through foreclosure, the Ohio Supreme Court explained today.
Cincinnati Attorney Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Cincinnati attorney based on complaints from several clients, improperly sharing fees with an unauthorized legal referral service, and falsely representing that he was a partner in a law firm after the firm dissolved.
Ninth District Directs Trial Court to Review Mental Capacity for Ward Who Changed Will
An appeals court sent a case contesting a 2008 will back to a trial court to determine if a ward under a guardian’s legal care understood what he was doing when he changed his will to add beneficiaries.
Court Resolves How Federal Debt Collection and State Consumer Sales Laws Impact Debt-Buyers and Collection Lawyers
A lawsuit against a debt-buying firm and lawyers seeking to collect on a defaulted credit card account can proceed after the Ohio Supreme Court ruled today on several issues regarding the application of federal and state laws governing debt collection.
Former Cleveland Attorney Suspended for One Year
The Ohio Supreme Court today suspended from the practice of law a Virginia man who worked for a Cleveland law firm and accessed his former employer’s email accounts after his termination.
Tax Commissioner Must Refund Nearly $360,000 Income-Tax Penalty
The Ohio Supreme Court ruled today that the Ohio tax commissioner abused his discretion when he refused to refund a penalty to a U.S. congressman and his wife who delayed paying income tax earned by a trust because they relied on a legal interpretation that imposed the tax on the trust.
Lima Attorney Receives One-Year Suspension
The Ohio Supreme Court today suspended a Lima attorney from the practice of law for exchanging sexually oriented text messages with a client.
Two Attorneys Suspended from Practice of Law
The Ohio Supreme Court today suspended two attorneys, who both received two-year suspensions, with one year stayed on conditions.
Juveniles Entitled to Double-Jeopardy Protections
The Supreme Court of Ohio held today that juveniles are entitled to the same constitutional double-jeopardy protections as adults, and juvenile courts must conduct the same double-jeopardy analysis in delinquency proceedings as others courts apply in adult criminal proceedings.
Dayton Attorney Receives 18-Month Suspension
The Ohio Supreme Court suspended today the law license of a Dayton attorney who has not paid a nearly $6,000 judgment against him for court-ordered sanctions.
Court to Decide if Police Dashcams, Bodycams Are Public Records
A body-worn camera recorded a university police officer’s shooting and killing of a motorist, and a patrol cruiser’s dashboard-mounted video camera captured a high-speed car chase and arrest. In both cases the Cincinnati Enquirer’s requests for copies of the video were denied by law enforcement. The newspaper and other media outlets are now seeking to have the Ohio Supreme Court deem “bodycam” and “dashcam” videos as public records open to immediate inspection.
Death-Row Inmate Objects to Appeals Process for DNA Testing Requests
An Alliance man on death row wants the appeals process in the state law allowing additional DNA testing declared unconstitutional. After his conviction, the trial court had permitted more DNA tests on a cigarette butt found at the crime scene, but blocked analysis of bullet shell casings and other items.
Court Rejects Murder Conviction Appeal
The Ohio Supreme Court today affirmed the aggravated murder conviction of a Youngstown man whose previous death sentence had been vacated.
Sex-Offender Registration Termination Not Available for Pre-2008 Offenses
The Ohio Supreme Court today ruled that a statutory procedure allowing sex offenders to terminate reporting requirements available to Adam Walsh Act (AWA) offenders who committed certain sexual offenses after the state’s 2008 implementation of the AWA is not available to Megan’s Law sex offenders who committed crimes prior to the 2008 implementation date.
Medicaid Specialist Admits to Unauthorized Practice of Law
A Toledo woman, who is not a licensed attorney, admitted she was wrongfully practicing law in Ohio when advising clients on how to reduce resources in order to qualify for Medicaid’s long-term care coverage.
Details of Legal Work Done by Outside Firm for City Not Public Record
When attorney-fee billing statements with detailed information about the tasks undertaken by a law firm representing a city are intertwined with summaries of the legal work performed, the detailed information is not a public record, the Ohio Supreme Court ruled today.
Abuse and Molestation Exclusion Precludes Insurance Coverage for Church’s Child Abuse Incident
The Ohio Supreme Court ruled today that an abuse and molestation exclusion in a commercial insurance policy bars coverage for damages awarded against an employer found liable for an employee’s physical abuse of a child in the care, custody, or control of the employer.
Meeting Filing Deadline Rules Only Requirement for Court to Consider Unemployment Compensation Appeal
Filing a notice of appeal on time is the only requirement needed to contest an Unemployment Compensation Review Commission decision, the Ohio Supreme Court ruled today.
Prosecuting Attorneys Represent the State in Community Control Violation Hearings
In a unanimous opinion authored by Justice Terrence O’Donnell, the Ohio Supreme Court today clarified that the prosecuting attorney has the authority to prosecute all complaints, suits, and controversies in which the state is a party, including community control violation hearings.
Attorney Practicing in Ohio Before Formally Admitted Now Denied Admission
The Ohio Supreme Court ruled today that a Cincinnati attorney who had been previously admitted in three other states engaged in the unauthorized practice of law when he began providing legal services while his application for admission to the Ohio bar was pending.
Local Governments Not Protected by State Constitution’s Prohibition of Retroactive Laws
The Ohio Constitution’s protection against retroactive laws does not apply to local governments, the Ohio Supreme Court ruled today. The decision rejected a claim by Toledo, Dayton, and Cleveland public school districts that the state unfairly withheld school funding a decade ago based on disputed student enrollment.
Court of Claims: Former Bowling Green Football Player Settles Concussion Claim for $712,500
Bowling Green State University (BGSU) has agreed to pay $712,500 to a former red-shirt freshman offensive lineman who claimed football team coaches and medical staff failed to withhold him from practices after suffering repeated concussions, which has led to a permanent brain injury.
A Public Body’s Prearranged Discussion by E-mail Violates Ohio’s Open Meetings Act
A private prearranged discussion of public business by the majority of a public body’s members either face-to-face or by other means such as telephone, e-mail, text, or tweet, violates the Ohio Open Meetings Act, the Ohio Supreme Court ruled today.
Law Presuming Juvenile’s Statement in Police Custody Was Voluntary Ruled Unconstitutional
In the context of interrogating juveniles in police custody, a state law that presumes the suspect’s statements are voluntary if electronically recorded is unconstitutional, the Ohio Supreme Court ruled today.
Willoughby Attorney Involved in Calabrese Conviction Receives Stayed Suspension
Willoughby Attorney Hector G. Martinez Jr., who admitted to participating in an attempted bribery scheme connected with Cleveland Attorney Anthony O. Calabrese III, received a six-month stayed suspension from the practice of law from the Ohio Supreme Court today.
Judge Can Impose Jointly Recommended Consecutive Sentences Without Independent Review
A trial court judge is not required to make a separate consecutive-sentence finding if presented with a jointly recommended sentence that contains consecutive sentences, the Ohio Supreme Court ruled today.
Court to Decide if Business Tax Can Be Imposed on Out-of-State E-Commerce Companies
Three online sellers are challenging Ohio’s right to impose the state’s commercial activity tax (CAT) on them strictly because they earn sales in Ohio, but don’t have any stores, facilities, employees, or any other “physicial presence.”
Court Approves AEP’s 2012 Rate Plan and Charge for Ensuring Reliability of Electricity in Competitive Marketplace
The Ohio Supreme Court today released opinions addressing two separate orders of the Public Utilities Commission of Ohio (PUCO) involving proposals by Columbus Southern Power Company and Ohio Power Company, both of which are owned by American Electric Power (AEP.)
West Chester Attorney Receives Two-Year Suspension
The Ohio Supreme Court today suspended the law license of a West Chester attorney charged with 32 violations of the rules governing the conduct of Ohio lawyers.
Two Ohio Attorneys Indefinitely Suspended
In separate disciplinary cases announced today, the Ohio Supreme Court indefinitely suspended from the practice of law two Ohio attorneys convicted of felonies.
Death Sentence Affirmed for Man Who Robbed and Killed Convenience Store Clerk
The Ohio Supreme Court today affirmed the death sentence of Anthony Belton of Toledo for the 2008 murder of a 34-year-old convenience store clerk who Belton shot in the back of the head at close range after the clerk gave him cash and prepaid phone cards.
Death Penalty Affirmed for Maple Heights Man Who Killed Grandparents
The Ohio Supreme Court today affirmed the death sentences of a Maple Heights man who pleaded guilty to the murder and rape of his grandmother and the murder of his step-grandfather.
Witness’s Compelled Statement After Invoking Fifth Amendment Did Not Impact Trial Outcome
The Ohio Supreme Court ruled today that even if a municipal court judge erred when he made a witness attempting to invoke his Fifth Amendment right against self-incrimination read a written statement he previously made to police, the error was harmless because the judge did not consider the statement in finding the witness’s son guilty of domestic violence.
State Can Be Held Liable for Injuries Caused by Negligent Park Employees
The law that shields the state and other landowners from personal injury lawsuits caused by the condition of recreational areas does not extend to the injuries caused by negligent park employees, the Ohio Supreme Court ruled today.
County Not Liable For Accident Where Teen Driver Hit Unusually High Pavement Edge Drop
Ohio state and local governments are immune from lawsuits claiming negligent failure to keep public roads in repair when an accident is based on harm caused by the “edge drop” on the side of the road, the Ohio Supreme Court ruled today.
Contemporary Christian Music Radio Station Entitled to ‘House of Worship’ Tax Exemption
A central Ohio nonprofit radio station that plays contemporary Christian music and uses space on its premises for church services qualifies for a real property tax exemption, the Ohio Supreme Court ruled today.
Second District: Strip Club Not Liable for Injuries Caused by Stripper in Auto Accident
A strip club is not legally responsible for the severe injuries resulting when one of the club’s dancers, who was intoxicated, crashed into a car while driving home from work, an Ohio appeals court ruled on Friday.
Certificate for Company’s Second Wind Farm in Champaign County Approved
The Ohio Supreme Court let stand a certificate to construct a 52-turbine wind farm granted to a company planning to build its second operation in Champaign County.
Court to Decide if Police Can Deny Investigation Records Until Convict Exhausts Appeals
Groups assisting the wrongfully convicted and examining police operations are challenging the Columbus Division of Police’s policy to deny public records access to most of the material in its criminal case files until after the suspect has been acquitted, released from prison, or dies.
Court of Claims: Longest Serving Wrongfully Imprisoned Man to Receive Additional $2.65 Million
A Cleveland man falsely imprisoned for 39 years will receive another $2.65 million from the state for his time behind bars, the Ohio Court of Claims ruled Wednesday.
Third District: Woman Accused of Forcing 10-Year-Old Boy to Kill His Father Gets New Trial
An Ohio appeals court ordered a new trial for a Dayton-area woman sentenced to life without parole who was accused of manipulating her then 10-year-old stepson into shooting his father to death, and plotting to cover it up to collect life insurance.
Cleveland Murderer’s Death Penalty Appeal Reaches Supreme Court
The Ohio Supreme Court will hear arguments in the death penalty appeal of Anthony Sowell on April 5. Sowell, who was convicted of the murders of 11 women between 2007 and 2009 in Cleveland, has raised multiple issues with his trial, convictions, and death sentence.
Seventh District: Man Forced Out of Jail Five Years Ago Doesn’t Have to Return
A Mahoning County man released from jail because of overcrowding after serving 18 days of a 251-day jail sentence can’t be sent back to jail now, an Ohio appeals court ruled.
Citizen Has Standing to Challenge Constitutionality of Ohio Casino Gambling
A Columbiana County man has a right to proceed with his challenge to Ohio’s law permitting casino gambling, arguing the restrictive nature of who can operate the facilities violates his federal constitutional rights, the Ohio Supreme Court ruled today.
Homeowners Not Entitled to $250 For Fannie Mae’s Missing Recording Deadlines
A Cleveland homeowner and other borrowers cannot recover a $250 payment from Fannie Mae for the late recording of their paid-off mortgages while Fannie Mae is under federal conservatorship, the Ohio Supreme Court ruled.
Patient Medical Records Data Not Confined to What Is Kept by Medical Records Department
All data that healthcare providers make a decision to keep that was generated in the process of a patient’s treatment and pertains to the patient’s medical history, diagnosis, prognosis, or medical condition is a medical record, the Ohio Supreme Court ruled today.
Specification for repeat OVI Convictions Constitutional
Raising the felony level and imposing an additional mandatory prison term on offenders convicted of operating a motor vehicle while under the influence (OVI) five or more times within the previous 20 years does not violate the Equal Protection Clause of the U.S. or Ohio constitutions, the Ohio Supreme Court ruled today.
Twelfth District: Conviction Overturned for Man Who Trained iPhone on Topless Tanning Booth Patron
When a man pointed his iPhone at a topless woman using a tanning booth in Middletown, he wasn’t attempting to video “under or through” her clothes, so he couldn’t be convicted of attempted voyeurism, an Ohio appeals court ruled.
Outside Salespeople Still Exempt from Minimum Wage Even After Voter-Approved Ballot Measure
The Ohio Supreme Court ruled today that Ohio’s minimum wage law that exempted outside salespeople from the definition of “employee” did not conflict with the same definition in the Ohio Constitution. The ruling reverses a judgment by the Second District Court of Appeals.
Second Execution Attempt Is Not Cruel and Unusual Punishment
An execution had not begun when an IV line could not be established to deliver lethal drugs into an inmate’s body even though a needle was inserted multiple times, and neither the U.S. nor Ohio constitution bars the state from carrying out the execution, the Ohio Supreme Court ruled today.
Estate of Wrongdoer Can Be Subject to Punitive Damages Award
A woman with terminal cancer was alive when found liable for assault and other offenses in a civil case, but died before a court determined the damages she owed for nearly suffocating a 5-year-old relative. The Ohio Supreme Court ruled today that the woman’s estate can be held responsible for punitive damages if a trial court awards that to the child and her family.
Court of Claims: Inmate Who Repeatedly Fell Settles for $9,000
The Ohio Court of Claims approved a $9,000 settlement between the state and an inmate who was injured five times from falling out of a bunk bed or down a flight of stairs.
Michigan Attorney Who Reported His Violations Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended a Michigan man who reported to authorities that his failing health led to his inability to provide the services he promised Ohio clients.
First District: Student’s One-Day Suspension for Staring at Girl Affirmed
A Cincinnati area private school had the right to suspend a 12-year-old boy for one day when the principal deemed the child intimidated a female student during a staring showdown, an Ohio appeals court ruled.
Cleveland Attorney Disbarred
The Ohio Supreme Court today disbarred a Cleveland attorney who was caught on video representing a client in court three months after his law license was suspended.
Two Attorneys Suspended from Practice of Law
The Ohio Supreme Court has suspended two attorneys, both barred from practicing law for six months and each facing an additional 18 months of suspension if they fail to abide by specific conditions including paying restitution to former clients.
Eighth District: Appeal from Cleveland Roller Skater Injured by Splinters Falls Flat
A Euclid roller-skating rink didn’t subject a 9-year-old girl to an unreasonably dangerous condition when she ran her hand across a wooden partition while skating, resulting in splinters, stitches, and surgery, the Eighth District Court of Appeals ruled yesterday.
Cincinnati Attorney Indefinitely Suspended
A Cincinnati attorney with multiple alcohol-related convictions was indefinitely suspended from the practice of law by the Ohio Supreme Court today.
Second District: Jury Has to Weigh Whether Drunk Driver Intended to Harm Patrons When He Crashed Truck into Bar
A trial court must allow a jury to decide whether a Montgomery County man intended to injure people when he drove his pickup truck through a bar in 2012.
Court to Decide if Teacher Turned in Her Paperwork Too Late to Appeal Termination
A Dayton high school special education teacher was convicted of assault for striking a student confined to a wheelchair.
Tenth District: Students of Nursing College that Lost Accreditation Entitled to Hearing on Lost Earning Potential
Students attending Owens Community College’s nursing program in the fall of 2009 are entitled to a hearing to demonstrate they lost future earning potential when the nursing program lost its national accreditation, an Ohio appeals court ruled.
Former Cuyahoga County Common Pleas Judge Disbarred
The Ohio Supreme Court today disbarred former Cuyahoga County Common Pleas Court Judge Steven J. Terry, who was convicted in federal court of providing judicial favors in exchange for contributions to his 2008 election campaign.
Felony and Misdemeanor Sentence for Receiving Stolen Property Must Run at Same Time
A criminal sentence for a felony and a misdemeanor must be served at the same time, except for in a certain situations specified in state law, the Ohio Supreme Court ruled today.
Per Day Damages Charges in Public Construction Projects Are Enforceable
When assessing the fairness of fining a public works contractor for failing to finish the project on time, Ohio courts should consider the per-day fine amount agreed upon at the start of the project, rather than the total amount assessed when the project is completed, the Ohio Supreme Court ruled today.
Court of Claims: Brothers Exonerated for Murder Granted Additional $4.38 Million for Wrongful Imprisonment
The state has agreed to pay two Cleveland brothers wrongfully imprisoned for 37 and 25 years an additional $4.38 million for their time behind bars, the Ohio Court of Claims ruled Monday.
Nursing Board Hearing Examiner Had Authority to Limit Subpoenas
A hearing examiner for the state Board of Nursing has the discretion to limit or block a subpoena requested during a disciplinary hearing, the Ohio Supreme Court ruled today.
Documents Regarding Homes of Children With Elevated Lead Levels Not Public Records
Tying an information request about Cuyahoga County homes to a specific level of lead found in the children living in those homes permitted the county health department’s rejection of a law firm’s public records request.
Youngstown Attorney Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended from the practice of law a Youngstown attorney with three prior disciplinary sanctions.
Court to Consider if Utility Company Liable for Injuries When Motorcyclist Hit by Deer Strikes Roadside Pole
A Geauga County man consumed alcohol at a local tavern then got on his motorcycle to return home when a deer darted out into a newly widened road hitting him, which caused him to lose control of the motorcycle and strike a utility pole.
Court of Claims: Family of Man Whose Airway Was Ignited by Laser Receives $800,000 in Medical Negligence Case
The Ohio State University Wexner Medical Center has agreed to an $800,000 settlement with the family of Charles E. Cooper, who died four years after a laser surgical procedure in his throat caused a fire.
Sale of State Prison Constitutional
The sale of a state prison to a private corporation did not violate the Ohio Constitution, the Ohio Supreme Court ruled today. In a 5-2 decision, the Supreme Court cleared the sale of the Lake Erie Correctional Facility in Ashtabula County that was authorized by the Ohio General Assembly in the 2011 state budget bill.
Court Clarifies Standards for Admitting Blood Test Evidence in OVI Cases
The state must substantially comply with Ohio Department of Health regulations requiring refrigeration of blood in a prosecution for operating a motor vehicle while under the influence of alcohol (OVI), the Ohio Supreme Court ruled today.
Board Must Reconsider Property Tax Valuation of Marietta Lowe’s
The applicability of the “special-purpose doctrine” must be considered before a Lowe’s Home Center in Marietta can be appraised at $7.2 million, which is $1.5 million more than Lowe’s claims it is worth, the Ohio Supreme Court ruled today.
Two Ohio Attorneys Suspended
In separate disciplinary cases announced today, the Ohio Supreme Court suspended two Ohio attorneys from the practice of law.
Court of Claims: Wrongfully Imprisoned Cleveland Man Settles for $337,000
The Ohio Court of Claims approved a $337,000 settlement between the state and a Cleveland man accused of arson. A Cuyahoga County judge, who deemed the man wrongfully imprisoned, found him to be the victim of a plot to kill him by setting a building on fire.
Court to Weigh if Police Liable for Bystander Injuries Caused by Fleeing Suspect During Pursuit
A woman seriously injured when a suspected burglar crashed his car into her while fleeing from police in Montgomery County is seeking damages from the government agencies claiming the officers ignored policies restricting high-speed pursuits.
Beck Energy Leases With 700 Landowners Valid Despite Years Without Drilling
Beck Energy Corp.’s leases with nearly 700 southern and eastern Ohio landowners require the company to commence preparations to drill wells within 10 years of signing the agreements if it wants to maintain control of the properties for oil and gas exploration, the Ohio Supreme Court ruled today.
Warrantless Search of Legally Parked Car Violated Man’s Constitutional Rights
The Ohio Supreme Court ruled today that the arrest of an occupant of a legally parked car does not by itself justify automatic impoundment of that car; and a warrantless inventory search of the car violated the Fourth Amendment to the U.S. Constitution and Article I, Section 14 of the Ohio Constitution.
Court to Determine if Public School District Must Give Private School Advocate Student Names and Addresses
A non-profit group that informs students in “low-rated” public schools about the state’s Educational Choice Scholarship claims Springfield City Schools are improperly using a federal privacy law to block the group fom getting the children’s’ names and addresses.
Two Central Ohio Attorneys Suspended
In separate disciplinary cases announced today, the Ohio Supreme Court suspended two central Ohio attorneys from the practice of law.
Warrensville Heights Schools Lose Property-Tax Challenge of Thistledown Racino
The Ohio Board of Tax Appeals reasonably concluded that the value of Thistledown Racetrack was $13.8 million, rather than the $43 million price it sold for in bankruptcy, and that it could use the lower figure to calculate property taxes, the Ohio Supreme Court ruled today.
Twelfth District: Trial Court Should Consider Reversing Guardsman’s Probation of No Firearms
An Ohio National Guardsman sentenced to five years’ probation for a road rage incident, which included a ban against owning or holding a gun, had part of his appeal overturned. The Twelfth District Court of Appeals said the man’s probation sentence should be reconsidered due to his military status.
Court to Determine if Landowner Royalties Can Be Tapped to Pay Part of Oil and Gas Marketing Expenses
Before the nation’s recent boom in oil and natural gas production, the federal government overhauled the way the products get from the wells to pipelines. The change has created a dispute between drillers and Ohio landowners who signed leases in the 1960s and 1970, decades before the rules changed, over how to pay the expenses of operating in the modern marketplace.
Supreme Court Disavows “Unmistakable Crime” Doctrine
A woman who concealed heroin in her body could not be convicted of tampering with evidence unless the state proved that she knew that an investigation by authorities was ongoing or would likely be instituted, the Ohio Supreme Court ruled today.
High School’s Nature Preserve, Commercially Farmed Land Exempt From Property Tax
A change to a 137-year-old state tax exemption applied to 34 acres of land owned by a southwestern Ohio school district, even though the land was used as a nature preserve and leased for farming, the Ohio Supreme Court ruled today.
Consumer Sales Law’s Penalties for Deceptive or Unconscionable Acts or Practices Does Not Apply to Insurance Repair Estimates to Company’s Own Customers
An auto insurance customer can’t use the state’s consumer sales practices law to sue an insurer for deceptive or unconscionable acts or practices related to repair estimates, but can pursue other legal options both under the consumer sales practices law and other legal remedies, the Ohio Supreme Court ruled today.
Court to Assess Whether 700 Landowners Can Break Oil and Gas Leases Where No Drilling Has Occurred
Two sets of Ohio landowners are engaged in protracted lawsuits with Beck Energy Corp. over leases signed to explore drilling for oil and natural gas in southern and eastern Ohio.
Eighth District: Prosecutor, Social Worker Not in Contempt for Failing to Obey Magistrate’s Illegal Order
A Cuyahoga County juvenile court was wrong to hold a county social worker and assistant county prosecutor in contempt for failing to remove a child from a home in a manner that is not allowed by law, an Ohio appeals court ruled.
Court Orders Release of Key-Card-Swipe Data from Cuyahoga County
The Ohio Supreme Court today issued a writ of mandamus to compel Cuyahoga County to release key-card-swipe data documenting when former county executive Edward FitzGerald entered and exited county parking facilities and buildings.
Court Rules in Two South Euclid Cases Involving Public Records
The Ohio Supreme Court today ordered the city of South Euclid to provide Emilie DiFranco with any public records not yet given to her since she first asked for them in September 2013.
Willoughby Lawyer Disbarred
The Ohio Supreme Court has permanently prohibited David H. Davies from practicing law in Ohio for mishandling cases.
Death Penalty Will Not Be Imposed on Hamilton County Man
The Ohio Supreme Court today set aside the death sentence of Rayshawn Johnson, who murdered his Cincinnati neighbor in 1997.
Court of Claims: ODOT Settles Nixed Rest Stop Area Advertising Deal
The Ohio Court of Claims approved a $170,000 settlement between the Ohio Department of Transportation (ODOT) and two northern Ohio advertising firms that alleged the department backed out of its deal to provide exclusive advertising at 10 roadside rest areas and welcome centers.
Education Department Defends School Funding Reductions to Three Districts
The state department of education is asking the Ohio Supreme Court to uphold $7.9 million in cuts it made to funding for three public school districts in 2005.
Ninth District: Spouse of Officer Running Union Steak Fry Entitled to Workers’ Comp Death Benefits
The family of an Elyria city police officer killed while on leave to run a union-sponsored steak fry is entitled to workers’ compensation death benefits even though he was killed while running an errand for the event, an Ohio appeals court ruled.
Juvenile Questions Constitutionality of State Law About Recorded Interrogations
A Cincinnati teen who was interviewed by police following two murders will argue to the Ohio Supreme Court that a state law governing recorded interrogations violated his constitutional rights.
Sex-Offender Registration and Notification Mandates Are Constitutional
State law requires convicted sex offenders to register and to verify their addresses periodically with authorities. The Ohio Supreme Court ruled today that those requirements for certain offenders do not amount to cruel and unusual punishment.
Supreme Court Indefinitely Suspends Two Attorneys
In separate disciplinary cases announced today, the Ohio Supreme Court indefinitely suspended two attorneys, each with more than 20 years of legal experience, from the practice of law.
Separate Sentences Permitted for OVI and Aggravated Vehicular Assault
A trial court may impose separate sentences on a defendant convicted of aggravated vehicular assault and of operating a vehicle while under the influence (OVI) when the OVI offense is the underlying conduct that led to the vehicular assault, the Ohio Supreme Court held today.
Eighth District: Court to Decide if Indians Fan Hit by Ball Was Forced to Leave His Seat
A trial court must decide if a fan hit by a foul ball during a Cleveland Indians game was forced to clear out of his seat for an after-game fireworks show or if he moved into the ball’s flightpath on his own, an Ohio appeals court ruled.
Judge Overturns Administrative Ruling, Ohio University Won’t Pay Student’s Dental Bill After Ice Fall
A student who recently won her lawsuit against Ohio University in the Ohio Court of Claims had her case overturned on appeal. Hannah Scolaro sued the school after she slipped and fell on ice and damaged her two front teeth.
Solon Lawyer Suspended for Lying to Court
The Ohio Supreme Court today suspended Robert P. DeMarco for one year, with six months stayed, for making false statements to a Lucas County court.
Oil and Gas Leases Are Title Transactions Under Ohio Dormant Mineral Act
A lease that grants oil and gas rights to another party and was recorded with the county recorder is a title transaction under the state’s Dormant Mineral Act, the Ohio Supreme Court ruled today. However, the Court concluded, the unrecorded expiration of an oil and gas lease does not qualify as a title transaction.
Court of Claims: Contractor Agrees to Repay ODOT for Faulty Fuel Management System
The Ohio Court of Claims approved a $1.25 million settlement between the Ohio Department of Transportation and a Texas firm that was unable to fulfill its $6 million contract to install a system to track and improve fuel use by the department’s vehicle fleet.
Court of Claims: Settlements Approved in Two Lawsuits Against Ohio State University Medical Center
The Ohio Court of Claims approved settlements totaling $3.45 million in separate lawsuits brought against The Ohio State University (OSU) Medical Center.
ODOT Not Liable for Decisions About Highway Improvements
The Ohio Supreme Court ruled today that the state’s transportation agency is not liable in the death of a teenage girl killed in an automobile accident on a public highway in Pike County.
Fifth District: Personal Assistant to Ex-Basket-Maker CEO Must Pay Her $93,000 From Retirement Accounts
The former personal assistant to basket heiress Tami Longaberger must give up the $93,000 held in retirement accounts to put toward the $6.5 million he owes after being convicted for embezzling and stealing from her.
Independence Attorney Receives Suspension
An attorney from Independence will serve a one-year suspension with six months stayed for failing to keep his cousin informed about matters related to a trust he managed for her. The Ohio Supreme Court imposed the sanction today in a 5-2 decision.
Amendment to Wrongful Imprisonment Statute Applies Retroactively
A Hocking County man released from prison after spending six years on death row had his hopes of being declared wrongfully imprisoned revived by the Ohio Supreme Court today.
Assistant Prosecutor Suspended for One Year
The Ohio Supreme Court today suspended a former Butler County assistant prosecutor for one year because he ordered criminal charges that were not considered by the grand jury to be added to an indictment.
Springfield Man’s Convictions and Death Sentence Upheld
After a four-day crime spree in 2005, Jason Dean was convicted for killing one man and attempting to murder six other people in Springfield. Today, the Ohio Supreme Court affirmed Dean’s convictions and imposition of the death penalty.
Court to Evaluate Whether Creation of Child Pornography Infringes on Free Speech
The meaning of “nudity” in the state law prohibiting child pornography will be considered by the Ohio Supreme Court during oral arguments next week. Ohio appeals courts have split on how to interpret the word in cases involving the creation or production of material showing nude minors.
State’s High Court To Hear Eight Cases
The Ohio Supreme Court has eight appeals on the calendar for oral arguments next week, including a case involving the delayed refrigeration of a blood sample taken from an alleged drunk driver and a question about when concealing drugs becomes a tampering-with-evidence offense.
Seventh District: Jury Should Determine if Christian Camp Can Fire Employee for Moving In with Her Boyfriend
A jury should consider whether the leaders of a Christian youth leadership development program and sports camp broke a promise by firing an employee after she and her boyfriend moved in together, an Ohio appeals court ruled.
Tenth District: Columbus Can Close Hotel Known for Drug Deals and Prostitution for One Year
The city of Columbus was within its rights to declare a hotel — where a patron was running a methamphetamine lab and 10 different women were arrested and convicted for prostitution — a public nuisance, an Ohio appeals court ruled.
Secretary of State Can Reject Appointees to Lucas County Board of Elections
Secretary of State Jon Husted had the right to declare two Lucas County Republicans incompetent to be on the county board of elections because he deemed them central figures in the “environment of dysfunction and distrust” surrounding the board, the Ohio Supreme Court ruled today.
Court Vacates Death Sentence, Upholds Conviction of Youngstown Man
The Ohio Supreme Court has set aside the death sentence of Bennie Adams, who was convicted in 2007 for the 1985 murder of a Youngstown State University student who lived in the same apartment building.
Court Interprets Sentencing Laws for Certain OVI Offenses
The Ohio Supreme Court ruled today in a case about sentencing defendants who are repeat offenders convicted for driving under the influence of alcohol or drugs.
Public School Data Coordinator Not Entitled to Open Hearing Concerning Firing
A non-teaching employee at a public school did not have the right to a public hearing about his potential termination under the state’s open meetings law, the Ohio Supreme Court decided today.
Ohio Court of Claims Considers $1.8 Million Judgment Against State Agency
A state agency could be on the hook for more than $1.8 million if a recommendation pending in the Ohio Court of Claims is approved. A Court of Claims referee made the recommendation on Sept. 17 in the lawsuit TransAmerica Building Company, Inc. brought against the Ohio School Facilities Commission (OSFC) over problems with a dormitory construction project at the Ohio State School for the Blind and the Ohio School for the Deaf in Columbus.
Former Cleveland State University Employees Lose Age Discrimination Claim
Two former Cleveland State University employees have lost their legal challenge to get their jobs back, after a ruling by the Ohio Court of Claims. Steven Liss, the former director of the Center for Student Involvement, and William Russell, the coordinator of Greek Affairs, filed complaints against the university after their positions were abolished in September 2012.
Hunter Who Illegally Killed Large Antlered Deer Must Pay Restitution
The Ohio Department of Natural Resources (ODNR) is required by state law to recover from a convicted offender the civil restitution value of an antlered white-tailed deer with antler measurements greater than a specific amount, the Ohio Supreme Court ruled today.
Cleveland Attorney Suspended for Stealing from Big-Box Stores
The Ohio Supreme Court today suspended the law license of a Cleveland attorney for her role in a scheme to steal from major retailers by returning stolen goods and selling merchandise credit cards online.
Two Attorneys Suspended from Practicing Law
The Ohio Supreme Court today ordered six-month suspensions for two attorneys in unrelated cases. The Ohio Supreme Court has disciplined Edward R. Bunstine of Chillicothe twice since 2012 for engaging in professional misconduct, and his law license has been suspended since August 2013.
Lorain County Judges Cannot Force Commission to Pay for Courthouse Security
Lorain County judges have no authority to order the county commissioners to pay for courthouse security upgrades because the funding is for the sheriff’s office to use and not the court, the Ohio Supreme Court ruled today.
Court Decides Charter School Case
The Ohio Supreme Court today ruled in a case stemming from ongoing litigation brought by 10 Cleveland charter schools against the companies that operated and managed them.
Sewer District Permitted to Manage Stormwater and Charge Fee
A regional sewer district in the Cleveland area has authority to create a program to manage stormwater and can assess a fee to implement the plan, the Ohio Supreme Court ruled today.
Third District: $5.2 Million Verdict Against Mega-Egg Farm Overturned
A $5.2 million Hardin County jury verdict against one of Ohio’s largest egg producers was overturned Monday by a state appeals court that concluded the case should have been dismissed before a jury even heard it.
Students to Observe Supreme Court at Off-Site Session in Fremont
Hundreds of high school students will weigh arguments in three cases being considered by the Ohio Supreme Court on Wednesday in Sandusky County.
Prisoner Seeks Credit for Jail Time Before He Was Charged
An inmate serving 25 years who was held in jail for 87 days before being indicted has appealed to the Ohio Supreme Court arguing his prison sentence should be reduced for the earlier confinement.
Broken Gun Is Not a Deadly Weapon
A gun that does not work and is not wielded as a bludgeon is not a deadly weapon under the state law that bans carrying a concealed weapon without a license, the Ohio Supreme Court ruled today.
Eighth District: Ex-Nun Can Sue Lawyer with Dementia for Malpractice
An ex-nun whose husband’s business went bankrupt did not collude with a lawyer to hide money from creditors. An Ohio appeals court ruled that now the woman can pursue her malpractice case against the lawyer who depleted more than $300,000 from her account around the time he began suffering from dementia.
Court of Claims: OSU Wexner Medical Center Settles Patient Parking Lot Trip Injury for $185,000
A Blacklick man who suffered a broken thigh and a serious head wound when he tripped at the patient pick-up area outside The Ohio State University Wexner Medical Center’s University Hospital has settled for $185,000.
Third District: Fired Foreman Can Contest Termination After ‘Remarkable Recovery’ From Brain Injury
A former construction company foreman can challenge his termination because the company considered him disabled after he had a portion of his brain removed following an accident, an Ohio appeals court ruled.
Minimum Wage Constitutional Amendment Under Scrutiny
Two employees from Montgomery County who sold advertising and worked on commission claim they should have been paid minimum wage because of a 2006 constitutional amendment passed by Ohio voters.
Members in Class Action Must Show They Suffered Injury for Case to Go Forward
The Ohio Supreme Court ruled today in a class-action lawsuit in which customers who bought vehicles from a Cleveland car dealership challenged a purchase contract clause requiring arbitration of disputes.
Parent Cannot View Records of Alleged Child Abuse Investigation
The records related to a child abuse investigation by a children’s services agency are confidential, and the mother requesting the documents did not show good cause to override that confidentiality, the Ohio Supreme Court decided today in a case from Franklin County.
Asset Transfers Allowed During Medicaid Application Process, But Only Within Certain Limits
Federal and state Medicaid law allows an institutionalized spouse to transfer a home or other assets to the spouse not in an institution, but only up to a specific amount, called the community spouse resource allowance (CSRA), the Ohio Supreme Court ruled today.
Man Jailed for Killing Intruder in His Home Not Eligible for Wrongful Imprisonment Compensation
Because prosecutors reserved the right to retry a man whose murder conviction was overturned on appeal, he is not eligible for wrongful imprisonment compensation, the Ohio Supreme Court ruled today.
Juvenile Court Laws and Rules Do Not Mandate Dismissal of Case for Venue Problems
A juvenile court is not required to dismiss a child-dependency complaint allegedly filed in the wrong venue, the Ohio Supreme Court ruled today.
Court of Claims: Ohio University to Pay Student’s Dental Bill After Fall
A student who broke two teeth after slipping and falling on ice on school property won her lawsuit against Ohio University.
Fifth District: $975,000 Verdict Upheld for Man Injured by Hunting Arrow
One of the world’s largest manufacturers of hunting arrows must pay $975,000 that a Stark County jury awarded to a man who had an arrow embed in his hand when attempting to shoot it, an Ohio appeals court ruled.
Hospital Staff Throws Away Wedding Rings
Ohio State University Wexner Medical Center staff lost a woman’s wedding rings and now will compensate her $7,000. The Ohio Court of Claims approved the settlement Thursday.
Gauze Left in Woman During Botched Surgery Costs University of Toledo Medical Center $251,000
A Toledo woman who suffered from internal injuries in the pelvic region after several botched surgeries, including one where a University of Toledo Medical Center (UTMC) doctor left a piece of surgical gauze in her body, will receive nearly $251,000 in a settlement approved on Aug. 5 by the Ohio Court of Claims.
Eighth District: Family Can Pursue Privacy Invasion Claim Against Cop-Calling Neighbors
A Cuyahoga County judge was too quick to dismiss the invasion of privacy, intentional infliction of emotional distress, and other claims of a Gates Mills family who alleged their neighbors called the police on them more than 85 times, and climbed on a backyard swing set to video them, an Ohio appeals court ruled.
Tenth District: Second Attempt to Challenge JobsOhio’s Constitutionality Fails
A Columbus attorney was able to clear one legal hurdle that previous challengers to the constitutionality of the state’s private JobsOhio development office could not, but she was derailed by another in a state appeals court.
OSU Wexner Medical Center Settles Wrongful Death Case for $275,000
Ohio State University Wexner Medical Center will pay $275,000 to family members of a Maryland woman who was sent home while she was having a heart attack.
Eighth District: Second Calabrese Accomplice’s Bribery Conviction Upheld
A three-judge panel affirmed the conviction of a Cleveland attorney for conspiring with prominent Cleveland attorney Anthony O. Calabrese III, and another attorney to offer cash settlements to women who accused their client of rape, in exchange for dropping the charges or seeking a lighter sentence.
Eighth District: 11-Judge Panel Debates Pre-Indictment-Delay Claims that Lead to Dismissal of Rape Charges
Conflicting rulings in Cuyahoga County regarding indictments based on the long-delayed opening of older, untested rape kits led the appellate court there to have all of its judges weigh in on how to assess claims that other evidence lost over time prevents a fair trial.
Second District: Police Permitted to Peek Over Stall Door to Make Restroom Arrest
A suspected drug user was entitled to privacy when he entered a Wal-Mart bathroom stall, but police had grounds to peek in on him after determining he wasn’t using the space for its intended purpose, an Ohio appeals court ruled.
Grain Storage Bins Are Not Taxable As Real Property
The Ohio Supreme Court today ruled that grain storage bins are personal property pursuant to state law and may not be taxed as real property.
Second District: Dayton Woman Beats the Heat for Pawning Landlord’s Air Conditioning Units
Prosecutors used the wrong law to charge a Dayton woman for pawning the air conditioning units in her rental home before she was evicted, ruled an Ohio appeals court, which vacated the charges against her.
Seventh District: Construction Company Not Responsible for Bulldozed House
Ohio treats a stolen bulldozer no different than a stolen car. And if a thief steals a bulldozer and demolishes a house, the dozer owner is not liable for damages caused by a joy-riding thief, an Ohio appeals court ruled.
Eleventh District: $492,800 State Fine Erased Against Ashtabula Drilling Company
An Ohio appeals court recently tossed out a $492,800 fine against an Ashtabula drilling company for draining wetlands and damaging a creek after the trial court judge proceeded to conduct a trial against it without a company representative or its attorney present.
Attorney Suspended for Having Sex with Clients
The Ohio Supreme Court today suspended Lakewood attorney Jalal T. Sleibi from practicing law for two years, with six months stayed, because of his sexual relationships with four clients.
First District: Trial Can Determine if Radio Maker, Pot Growers, Caused Firefighter’s Death
The parents of a Hamilton County firefighter can proceed with their wrongful death lawsuit against the maker of an emergency radio and homeowners growing marijuana in the basement where the accident occurred, an Ohio appeals court ruled.
Dismissal Power Granted to Local Tax Boards 20 Years Ago Overruled
Local tax boards do not have the authority to dismiss a tax case for a party’s “failure to prosecute,” such as not appearing at a hearing, the Ohio Supreme Court concluded today.
North Canton Attorney Suspended for Mishandling 20 Bankruptcy Cases
The Ohio Supreme Court today suspended Deborah M. Marinelli of North Canton for two years, with one year stayed, for abandoning personal bankruptcy matters for 20 clients in late 2012 and in 2013.
Eighth District: Cleveland Attorney’s Bribery Conviction Upheld
A three-judge panel affirmed the bribery conviction of a Cleveland attorney who joined his nephew, prominent attorney Anthony O. Calabrese III, and another attorney in attempting to offer $50,000 to a woman to drop rape charges against their client.
Cincinnati Attorney Receives Suspension for Using Client’s Money for Personal Expenses
Marcus E. Coleman of Cincinnati will serve a two-year suspension with 18 months stayed for mismanaging a client’s funds and records, the Ohio Supreme Court ordered today.
Inattention to Detail Results in Suspension for Dayton Lawyer
The Ohio Supreme Court suspended John J. Scaccia of Dayton for violating professional conduct rules in two clients’ cases.
Greater Cincinnati Attorney Suspended for Repeated Shoplifting
In a unanimous ruling, the Ohio Supreme Court suspended Rodger W. Moore of Fort Mitchell, Kentucky, for two years with one year stayed because he had shoplifted on seven occasions and later lied about it to the Cincinnati Bar Association.
Court Orders New Trial in Cleveland Murder Case from 1988
The Ohio Supreme Court today overturned a trial court’s dismissal of a murder case set to be heard for a third time and ordered the lower court to move forward with the re-trial of Thomas M. Keenan of Cleveland.
Twelfth District: Bad Punctuation Puts Brakes on Parking Ordinance
West Jefferson meant to make it illegal for all types of motor vehicles, including campers, from parking on the street overnight, but a missing comma means the village couldn’t tow away a woman’s pickup truck, an Ohio appeals court ruled.
Court Decides Allied Offenses Case
A defendant who fails to object to a sentence in the trial court forfeits all but plain error review of that sentence, including claims that the crimes sentenced were allied offenses and should have been merged, the Ohio Supreme Court ruled today.
Worthington Attorney Indefinitely Suspended from Practicing Law
Jason C. Grossman, formerly of Worthington, has been indefinitely suspended from practicing law in Ohio based on his conviction for receiving child pornography.
Officer Had No Authority to Make Traffic Stop Outside Jurisdiction
A traffic stop for a minor misdemeanor made by a township police officer without statutory jurisdiction or authority violates the protection against unreasonable searches and seizures in the state constitution, the Ohio Supreme Court ruled today.
Court to Review Whether Groups Opposing Video Lottery Terminals and Casinos Have Right to Sue State
A group of individuals and two organizations challenging the constitutionality of laws allowing casinos and video lottery games in Ohio will ask the Supreme Court on Tuesday to allow their lawsuit to go forward.
Heirs to Oil and Gas Below Eastern Ohio Property Filed Proper Documents to Keep Mineral Rights
Ohio Supreme Court today concluded that the owners of land in Harrison County cannot declare that the oil and gas interests below their property have been abandoned because the holders of those interests properly filed documents to preserve their rights.
Cleveland Attorney Disbarred for Practicing Law While Suspended
Shawn J. Brown of Cleveland had been indefinitely suspended in October 2011 for misconduct, but continued to represent clients and appear in court.
Seventh District: State Can Close Wilderness Boys Camp Until It Gets Operating License
Nearly five years after a Noble County camp for troubled boys began fighting a state order to stop operating without a specific state license, a state appeals court ruled the camp can be closed until the license is issued.
Eighth District: Most of Prison Sentence for Navy Charity Scammer Affirmed, But Not Veterans Day in Solitary Confinement
The mastermind of a scam to bilk an estimated $100 million from donors to a fake national veteran’s charity does not have to spend every Veterans Day in solitary confinement, and one year of his sentence should be reduced, an Ohio appeals court ruled.
Death-Row Inmate Challenges Second Execution Attempt
In 2009, the state tried to execute Romell Broom, who was sentenced to death for the 1985 kidnapping, rape, and murder of a 14-year-old Cleveland girl.
Unconstitutional Address-Notification Law Does Not Establish Actual Innocence for Wrongful Imprisonment Claim
A person has not met the actual-innocence standard to claim wrongful imprisonment when his conviction is reversed because the statute that described the crime was found to be constitutionally unenforceable, the Ohio Supreme Court held today.
Tenth District: Gahanna Taxpayers Working Outside of City Can Proceed with Class Action Lawsuit
Gahanna residents who work in other cities can pursue income tax refunds from the city as a class, which may cost Gahanna millions of dollars, an Ohio appeals court ruled.
Attorney Convicted of 27 Felonies, Including Bribery and Conspiracy, Disbarred
Attorney Anthony O. Calabrese III today received the Ohio Supreme Court’s harshest discipline following his convictions for both federal and state crimes, including conspiracy, theft, corrupt activity, and bribing a rape victim to prevent his business client from going to prison.
Courts Cannot Impose “No-Contact” Order and Prison Term for Same Felony
A trial court cannot impose a no-contact order and a prison term as sanctions for the same criminal offense because they are alternative punishments, the Ohio Supreme Court ruled today.
No-Cost Housing for Church Attendees Is Exempt from Property Tax
A dormitory that provides free lodging on church grounds for those attending church services facilitates public worship and qualifies for exemption from property taxes, the Ohio Supreme Court held today.
PUCO Wrong to Reduce Charge for AEP to Collect Deferred Fuel Costs
To keep electricity rates down at the height of the economic downturn, AEP Ohio agreed to collect money spent on fuel over several years using a state-approved formula.
Two Attorneys Suspended Indefinitely from Practicing Law
The Ohio Supreme Court today ordered the indefinite suspensions of two Cincinnati attorneys in unrelated cases.
Death at OSU Wexner Medical Center Leads to $132,500 Settlement
The family of a Powell man, who died from complications caused by an air embolism, settled with The Ohio State University Wexner Medical Center for $132,500.
Court of Claims Approves Crash Settlement
The Ohio Department of Transportation (ODOT) will pay $250,000 for a crash involving one of its dump trucks. The Court of Claims of Ohio approved the settlement today.
Ninth District: City Can Seek Nuisance Order Against Foul-Smelling Factory
The city of Wooster brought a nuisance complaint against an industrial waste treatment plant after nearby residents complained of eye-watering fumes and rotten egg-smelling stench, but a trial court ruled the city had no right to pursue the case.
Police Records at Private University Are Public
The Ohio Supreme Court ruled today that the police department at a private central Ohio university is a public office and can be compelled to provide public records.
Supreme Court To Hear Wrongful Imprisonment Dispute
The Ohio Supreme Court will review the case of a Cuyahoga County man seeking compensation for wrongful imprisonment after his 2010 conviction for killing a man in his house who was assaulting a woman who lived there.
Sixth District: Proper to Use Facebook Photo to Convict Double Murder Suspect
A survivor of a robbery identified the Toledo man who shot him and killed another by the shooter’s Facebook profile page.
Sexual Abuse Lawsuits Against State Governed by 12-Year Time Limit
The 12-year limit for a childhood sexual abuse victim to file suit applies to sexual abuse claims against the state, the Ohio Supreme Court ruled today.
Cincinnati Public Golf Courses Entitled to Property Tax Exemption
A private management firm operating Cincinnati’s public golf courses earns fees and income from running the courses, but does not benefit in a way that would strip the facilities of their state property tax exemptions, the Ohio Supreme Court ruled today.
First District: Failure to Supply Information in Lawsuit Leads to $646,000 Sanction
As the executor of his deceased parents’ estate, a Florida man didn’t know the details of the rental property they owned in Cincinnati. When a tenant filed a negligence lawsuit against the estate, he ignored discovery requests and was hit with a $646,000 default judgment.
Woman Who Fell Off Operating Table Settles with The OSU Wexner Medical Center
A Dayton woman who fell off an operating room table while undergoing spinal surgery settled with The Ohio State University Wexner Medical Center.
Supreme Court to Consider Springfield Man’s Death Penalty Appeal
A Springfield man involved in multiple crimes in April 2005 appeals his convictions and death sentence to the Ohio Supreme Court on Tuesday.
Cleveland Method of Taxing Pro Athletes Unconstitutional
The Ohio Supreme Court today ruled that the way Cleveland calculates income taxes due from non-resident NFL players based on the number of games they play is unconstitutional because it violates their due process rights.
Cleveland Cannot Tax Injured Colts Player
A professional athlete who stays in his home city receiving treatment for an injury while the team plays a game in Cleveland is not subject to Cleveland’s income tax, the Ohio Supreme Court unanimously decided today.
Former Cleveland Prosecutor Suspended for Two Years for Illegally Searching Law Enforcement Database
The Ohio Supreme Court has suspended a Cleveland lawyer and former assistant county prosecutor for two years following his convictions for using a law enforcement database for personal reasons and threatening and harassing his ex-wife.
Court of Claims: Kent State Owes Fired Football Coach $112,000 for Breaching Contract
Kent State University tried to reverse the legal argument it used to recover money from its former head basketball coach, but was tripped up in court and suffered a $112,000 loss to a former football defensive coordinator.
Search of Computer Lacked Probable Cause, Evidence Cannot Be Used
The Ohio Supreme Court today suppressed evidence taken from the computer of a Twinsburg man because the detective’s statement requesting the search warrant lacked probable cause and the subsequent warrant did not specifically state the items to look for on the computer.
Juvenile Has Right to Counsel if Facing Possible Confinement
If confinement is a possible punishment for a juvenile, the juvenile must have waived his or her right to an attorney before the adjudication can be used to enhance a later adult conviction for driving under the influence of drugs or alcohol (OVI), the Ohio Supreme Court held today.
Proof of Right to Initiate Foreclosure Lawsuit May Be Provided After Complaint Is Filed
Although the party seeking a foreclosure must have standing (the right to sue) when the lawsuit is filed, proof of standing may be submitted after the filing of the complaint, the Ohio Supreme Court unanimously ruled today.
Fourth District: Pay Pond is Not Aquaculture; Township Justified in Shutting Operation
Ponds where anglers pay to catch fish are customers of fish farms, but are not aquaculture, an Ohio appeals court ruled, which allowed a Pickaway County township to shut down a couple who secured an aquaculture permit.
Third District: State Can’t Suspend License of Hammer Wielding Teacher
Ohio’s State Board of Education can sanction, but not suspend, the teaching license of a Shelby County woman who ran her husband’s ex-wife off the road and smashed her car windows, an Ohio appeals court ruled.
Cincinnati Man Settles, Can Obtain Master’s Degree for Free
A Cincinnati man who claimed Wright State University in Dayton should have refunded his tuition and paid for transportation costs after it rejected him from its graduate program can get up to two years of free education to receive his master’s degree in a settlement approved by the Ohio Court of Claims on April 14.
Ninth District: Deputy’s Search of Bag of ‘Illegal Stuff’ Not Admissible
A passenger left her bag of admittedly “illegal stuff” in a car that a Wayne County sheriff’s deputy received the driver’s permission to search, but the drug paraphernalia discovered in the bag could not be used to convict her, an Ohio appeals court ruled.
Court of Claims: Brothers Exonerated for Murder Granted $1.6 Million for Wrongful Imprisonment
Two Cleveland brothers wrongfully imprisoned for 37 and 25 years will initially receive just more than $1.6 million from the state for their time behind bars, the Ohio Court of Claims ruled Friday.
Overruled Conviction Nets Wrongfully Imprisoned Man $220,000
After spending more than three and a half years behind bars, a wrongfully imprisoned Pennsylvania man settled for $220,000 with the state of Ohio.
Tenth District: Treasure Hunter’s Original Lawyer Can File Claim for the Gold
One of the original attorneys for the fugitive treasure hunter who recovered gold from an historic shipwreck can file his claim for 1.5 percent of the total value, a state appeals court ruled Tuesday.
Eighth District: Legal Malpractice Cases Allowed to Continue
On the same day last week the Eighth District Court of Appeals ruled in separate legal malpractice cases.
Law Enforcement Must Disclose Some Investigatory Materials in Civil Case
Law enforcement does not have an absolute privilege to prevent disclosure of criminal investigatory records in a civil lawsuit, the Ohio Supreme Court ruled today.
Northern Ohio Landlord Liable for Fire, But Damages Award Too High
The Ohio Supreme Court today upheld a jury’s verdict finding the owner and the property manager of a Beachwood apartment complex responsible for a 2007 fire.
Southern Ohio Judge Receives Public Reprimand
Judge William T. Marshall of the Scioto County Common Pleas Court in Portsmouth was publicly reprimanded today by the Ohio Supreme Court for driving while intoxicated.
Fourth District: Hillsboro Ordinance Limiting Indigent Burial Cost Invalid; Can’t Pass Off Costs to Township
The city of Hillsboro’s attempt to direct the cost of indigent burials to the township encompassing the county, and its attempt to limit the price it will pay for burials by ordinance were both rejected by a state appeals court.
Eleventh District: Deputy’s Arrest of Son in Parent’s Home Can’t Be Used to Charge Couple for Resisting
Ashtabula County prosecutors cannot use evidence gathered during the tasing and arrest of a Conneaut man in his parents’ home to charge the parents with resisting arrest, the Eleventh District Court of Appeals ruled.
Trial Courts Must Take Specific Steps to Enforce Settlements
After a case has been dismissed, a trial court retains authority to enforce a settlement only if the court’s dismissal entry either includes the agreement’s terms or explicitly states that the court has kept jurisdiction to enforce the agreement, according to an Ohio Supreme Court ruling today.
When Strike Ends, Identities of Replacement Teachers Are Public Record
Five months after a contentious school strike ended, little evidence showed that the replacement teachers faced any serious threats of harm and their names could be released to the teacher’s union requesting their identities, the Ohio Supreme Court ruled Wednesday.
Court Clarifies Allied Offenses Statute
When two or more crimes by a defendant result in harm that is separate and identifiable, the offenses are of “dissimilar import,” and the defendant may be convicted of and sentenced for multiple offenses, the Ohio Supreme Court ruled today.
Ohio EPA Must Follow Rulemaking Process for Water Pollutant Limit
The Ohio Environmental Protection Agency must abide by the state’s rulemaking process before implementing specific, technical pollutant limits for a body of water in the state, the Ohio Supreme Court held in a decision today.
Two Appeals on Court’s Agenda During Columbus Session
The Ohio Supreme Court will consider arguments in two cases during its session next Tuesday at the Thomas J. Moyer Ohio Judicial Center in Columbus.
Court of Claims: Exonerated Murder Suspect Granted $1 Million for Wrongful Imprisonment
A Cleveland man falsely imprisoned for 39 years will initially receive just more than $1 million from the state for his time behind bars, the Ohio Court of Claims ruled Thursday.
Callback from 911 Operator Is Public Record
The Ohio Supreme Court ruled today that the recording of a 911 dispatcher’s return call after a caller to the emergency line hung up is a public record.
Out-of-State Attorney Suspended from Practicing Law in Ohio
An attorney who knew his law license was suspended in Ohio but still argued a case before a state appeals court was given another suspension today.
Eleventh District: Trial Court Should Determine If Death Row Inmate Was Prevented from Seeing Email Evidence
A death row inmate convicted of killing three people may be able to file a motion for a new trial if it’s determined that he was clearly denied from seeing email evidence helpful to his case, the Eleventh District Court of Appeals ruled on March 16.
Third District: No Immunity for Sheriff Who Posted Wrong Woman’s Photo for Welfare Fraud
A registered nurse with no criminal record can pursue her defamation and emotional distress lawsuit against the Shelby County sheriff and a deputy.
Supreme Court to Consider Three Cases at Off-Site Session
The cases before the Ohio Supreme Court during the March 25 oral arguments in Mansfield may resonate with the more than 500 high-school students expected to attend.
Court of Claims: Contractor Can’t Collect $136,000 for Disputed Work at Ashtabula County School
Grand Valley Local School District never agreed to pay more than $20,000 for the needed repairs to its 10-year-old school and the contractor doing the work is not entitled to the $156,000 it claimed it expended, the Ohio Court of Claims ruled.
Insurance Policy Does Not Cover Employer That Intends to Injure Workers
The provisions of an employers’ insurance policy do not require the insurer to compensate the Akron employers if they are found in a pending lawsuit to have acted with deliberate intent to injure an employee, the Ohio Supreme Court ruled today.
Fifth District: Attorney Fees in Licking County Dispute Cut by 87 Percent
A Licking County trial judge wrongly overruled a magistrate’s decisions by approving $5,980 in attorney fees for a contempt-of-court hearing, an Ohio appeals court ruled.
Columbus Judge Reprimanded for Comments to Jury
The Ohio Supreme Court today publicly reprimanded Judge Amelia (Amy) Salerno of the Franklin County Municipal Court for remarks she made to a jury after a not-guilty verdict.
Lodi Zoning Code Provision Found Unconstitutional
One sentence specific to mobile homes in a Lodi zoning ordinance deprives mobile-home park owners of their property rights and is therefore unconstitutional, the Ohio Supreme Court held today.
Cuyahoga County Rape Conviction Reversed
An appeals court has reversed and dismissed a man’s rape conviction and sentence because the statute of limitations had expired.
Logan Man Brings Wrongful Imprisonment Case to Supreme Court
A second wrongful imprisonment claim from a Logan man convicted of double murder is at the heart of an Ohio Supreme Court case to be argued on March 11.
Tenth District: Prison System Still Has to Pay For 2008 Upgrades It Deemed Shoddy
The state prison system suffered another legal setback in its seven-year journey to avoid paying $207,000 to an insurer after contractors installed the wrong electric generator at a Cleveland detention center.
Second District: Slurred Speech, Medications Not Enough Evidence to Convict Man for OVI and Child Endangerment
A Montgomery County man convicted of OVI and child endangerment after he caused a car accident had his sentence overturned by the Second District Court of Appeals.
Second District: Allstate Can Seek $187,000 from Handyman Accused of Cracking Nut, Flooding Physician’s House
A state appeals court ruled Allstate Insurance Co. can attempt to recover from a handyman the money it paid to a homeowner who was splashed in the face with water and who also broke her wrist trying to clean up her flooded floors.
University Hospital Settles for $225,000 in Medical Malpractice Case
A Toledo woman who sustained permanent injuries to her vocal cords will receive $225,000 from the University of Toledo Medical Center.
Court of Claims: Prison at Fault for Inmate’s Severed Fingers While on Kitchen Duty
An inmate who admittedly was not trained on the commercial slicer he was using when he took off the tips of two fingers is partly responsible for his injuries and the state prison system will have to pay for the majority of his damages, an Ohio Court of Claims magistrate ruled.
Sixth District: Fremont Church May Be Liable After Parishioner Trips
A Fremont church parishioner on her way to a religious education class tripped over a piece of lumber the pastor inadvertently left in the walkway, and the ministry may be liable for her injuries, an appeals court ruled.
Court to Consider Whether Insurance Companies Are Subject to Auto-Repair Consumer Protection Law
A state law spelling out how vehicle owners must be notified when aftermarket parts are recommended for auto repairs is central to a case before the Ohio Supreme Court on Tuesday.
Two Attorneys Suspended from Practice of Law
The Ohio Supreme Court has suspended two attorneys, both with a history of violating professional conduct rules for lawyers.
Interstate Prisoner Transfer Agreement Applies to Those Incarcerated in County Jails
A statute governing the transfer of prisoners between states to deal with pending charges in another jurisdiction applies to inmates who have begun serving sentences in county jails, the Ohio Supreme Court ruled today.
Probate Judges Not Authorized to Issue Criminal Search Warrants
Ohio law does not allow probate court judges to issues criminal search warrants; however, prosecutors charging three men with illegal gambling in Alliance can use the evidence gathered from a probate judge-issued warrant against them.
Firearms Charge Does Not Apply to Ottawa Hills Police Officer in On-Duty Shooting
The case of an Ottawa Hills police officer convicted of felonious assault for shooting a man during a traffic stop returns to the trial court following an Ohio Supreme Court decision today.
City’s Drilling Ordinances Clash with State Oil and Gas Law
Local drilling and zoning ordinances in Munroe Falls cannot be enforced because they conflict with the state law regulating oil and gas wells and operations, the Ohio Supreme Court concluded today.
Court of Claims: Prison at Fault For Injuries of 80-Year-Old Inmate Who Fell from Bunk
The state prison system is liable for the injuries an 80-year-old inmate suffered when he fell out of the top bunk of a bunk bed in the Hocking Correctional Facility, an Ohio Court of Claims magistrate ruled.
Former Magistrate Disciplined for Profanity-Laced Rants
The Ohio Supreme Court today has suspended a long-time magistrate accused of abusive and disrespectful conduct.
Items from Trash Pull Along with Other Evidence Showed Probable Cause
Evidence seized from a single trash pull that corroborates tips and background information involving drug activity is sufficient to establish probable cause for a search warrant, the Ohio Supreme Court held today.
Provision in Gross Sexual Imposition Statute Found Unconstitutional
The Ohio Supreme Court ruled today that part of the state’s gross sexual imposition law is unconstitutional.
Sixth District: Township Fire Chief Dismissal Upheld on Appeal
After a common pleas court reinstated a Northwest Ohio township’s fire chief fired by trustees for allowing a non-firefighter to assist the department, a court of appeals has upheld the original dismissal.
Sixth District: Mom Involved in Toddler Son’s Death Loses Appeal
An Erie County woman sentenced to 11 years behind bars for allowing her boyfriend to physically abuse her 3-year-old son, which resulted in his death, has lost her appeal.
Tenth District: Marketing Firm Retains Right to Sell Disputed Shipwreck Treasure
As a Florida judge considers sending a fugitive treasure hunter to Columbus to account for the whereabouts of gold from an historic shipwreck, a state appeals court ruled Tuesday that the investors must keep their deal with the firm contracted to sell the treasure that is still being brought up from the sea.
First District: New Trial Ordered for Police Officer Impersonator Who Had Sex with Teen
A man convicted of luring a 17-year-old girl to have sex with him by impersonating a police officer is entitled to a new trial, and convictions for child enticement dropped because the law was ruled unconstitutional, an appeals court decided last week.
Wrongfully Imprisoned Man Settles for $30,000
A wrongfully imprisoned Ohio man was awarded more than $30,000 for spending nearly a year and a half behind bars.
Eighth District: Trial Court Must Determine What Caused Patron to Tumble at Tri C Event
A woman who took gifts for dance recital performers in Cuyahoga Community College’s auditorium fell on the last step between her seat and the stage, and now a trial court must determine if faulty aisle lighting was the cause.
Convicted Juvenile To Argue 112-Year Sentence Is Cruel and Unusual Punishment
The Ohio Supreme Court will consider the constitutionality of a juvenile’s sentence for multiple crimes that makes it unlikely he could be released during his lifetime.
Tenth District: Nightclub Not Liable For Injuries Intoxicated Performer Caused Driving Wrong Way on Interstate After the Show
Less than an hour after closing his tab, a Columbus nightclub performer with twice the legal limit of alcohol in his system drove his van the wrong way on Interstate 270 and seriously injured another motorist.
Using Client Confidences and Secrets Nets Attorney One-Year Suspension
A Cincinnati attorney used secrets gleaned from a long-time client of his law firm to assist the client’s relative in an estate dispute and also improperly mingled funds of another client with his personal investment account.
Clerks Must Record and Send Court’s Judgment to Parties
When a trial court issues a judgment, it must direct the clerk of courts to serve all interested parties and attorneys with the decision, and the clerk must record the notice of service on the docket, the Ohio Supreme Court ruled today.
Records May Be Unsealed Only for Exceptions Spelled Out in State Law
In a second decision today about sealing criminal records, the Ohio Supreme Court held that courts may unseal an acquitted defendant’s record only for reasons defined by statute.
Pardons Deliver Forgiveness, Not Forgetfulness Under Current Law
Courts have no authority to seal an offender’s criminal record following a governor’s pardon unless the person meets the requirements defined in state law, the Ohio Supreme Court ruled in one of two opinions today about sealing records.
Jury Instruction on “Foreseeability of Harm” Did Not Affect Result in Medical Malpractice Case
The Ohio Supreme Court today determined that an unnecessary jury instruction did not change the outcome of a medical malpractice lawsuit filed by the parents of a 5-year-old. Their case alleged medical negligence after the child died while being treated at an Akron hospital.
Supreme Court Interprets Elements Needed to Prove Corrupt Activity
In corrupt activity cases the same evidence can establish both the existence of an “enterprise” and the associated pattern of corrupt activity, the Ohio Supreme Court ruled today.
Psychologist’s Testimony Violated Defendant’s Constitutional Rights
When a defendant raises an incompetency or insanity defense and then abandons the defense, testimony from a psychologist about the defendant feigning mental illness during the court-ordered psychiatric evaluation is inadmissible and violates the defendant’s constitutional right against self-incrimination, the Ohio Supreme Court ruled today.
Second District: Architect Failed to Protect Miami Valley Hospital from Lawsuits Spurred by Deadly 2011 Legionnaire’s Outbreak
Architectural firm NBBJ L.L.C. may be financially responsible for Miami Valley Hospital's litigation costs arising from the 2011 deadly Legionnaire's disease outbreak, an appeals court ruled.
Twelfth District: Family of Couple Killed by Dump Truck During I-75 Night Construction Owed $4 Million
A Cincinnati construction company owes $4 million to the family of a Tennessee couple who slammed into the back of one of its dump trucks hauling loads at night in the fast lane of Interstate 75, a district appeals court ruled.
Eleventh District: $1.2 Million Judgment Against Former Departing Kent State Basketball Coach Upheld
A divided appeals court found Kent State University had valid reasons for adding a damages clause to men’s head basketball coach Geno Ford’s contract if he left early to coach at another school and upheld a $1.2 million judgment against him.
Eighth District: Video Evidence Voids Grocery Store Parking Lot Assault Conviction
Sitting as the “13th juror,” a divided appeals court found surveillance video evidence did not show a man intentionally tried to run over a woman in the Lakewood Giant Eagle parking lot.
Former NFL Players Challenge Cleveland Taxes in Ohio Supreme Court
Two former professional football players have brought cases to the Ohio Supreme Court disputing the way Cleveland taxes nonresident athletes.
Eleventh District: Death Sentence Appeal of Accomplice to Ohio’s Only Woman on Death Row Rejected
The death sentence of a man who conspired with the only woman currently on Ohio’s death row to kill her ex-husband for insurance money was upheld by a divided Ohio appeals court.
Twelfth District: Newspaper Not Entitled To BCI’s Investigation Records of Missing Money from Goshen Township Police Property Room
More than 700 pages of documents turned over to the Ohio Bureau of Criminal Investigation (BCI) to help locate more than $8,000 in missing money orders for drug busts did not need to be provided to a local newspaper.
First District: Hustler Founder Larry Flynt Must Pay Brother’s $170,000 Legal Fees
Adult entertainment magnate Larry Flynt found it obscene that lawyers sought $170,000 in fees for preventing Flynt from evicting his brother’s store in downtown Cincinnati, but an appeals court said the amount was reasonable to put an end to a four-year legal battle.
Eleventh District: Chardon Schools Justifiably Fired Employee Who Took Photo of Shooting Spree Aftermath
The estate of a Chardon Local Schools maintenance worker fired for taking a picture of a notorious crime scene may have to pay back unemployment compensation benefits awarded after the man challenged his termination.
Court of Claims Lets Two State Agencies Pay $443,000 to Settle Amputation Accident Claims
Accidents resulting in a state park mower operator losing a hand and a prison inmate having an infected leg and damaged toes removed led to $443,000 in settlements approved by the Ohio Court of Claims between the victims and two state agencies in two cases.
Court of Claims Holds Ohio State Liable For Professor Who Ran Over Man On Highway
The Ohio State University is being held legally responsible for the death of a Cleveland man who was run over on the highway by a university medical center professor en route to a conference at the Cleveland Clinic.
Non-Lawyer Pretended To Be Immigration Attorney
A Cincinnati woman practiced law without authorization by distributing business cards stating she was an attorney and by preparing documents for a man seeking assistance with an immigration issue.
Employees Not Required to Report Suspected Abuse or Neglect to Ohio Director of Health
To be eligible to claim retaliation for reporting, or showing an intent to report, suspected abuse or neglect of a resident of a long-term care or residential facility, an employee or other person who performs work or services for the facility is not required to make that report, or show the intent to make such a report, to the director of the state health department, the Ohio Supreme Court held today.
Court of Claims Approves $500,000 Settlement for Ohio State Student Hit By Dump Truck
The Ohio State University has agreed to pay $500,000 and provide free undergraduate tuition to a former student who lost a leg after being run over by a university contractor’s dump truck in September 2012.
City Appeals Process for Traffic Camera Violations Does Not Infringe on Jurisdiction of Courts
The Ohio Supreme Court today upheld Toledo’s automated traffic camera system used to catch red-light and speeding violations.
Twelfth District: Law Blocks Amputee from Suing Good Samaritan
A trucker trapped between his rig and a loading dock cannot sue a man who was trying to free him when the rescuer accidentally let the tractor-trailer slip in reverse and crushed the trucker’s leg, the Twelfth District Court of Appeals recently ruled.
Village Employee Not Entitled to Whistleblower Protection
An employee of the village of Cardington claiming he was fired for reporting problems at the local wastewater treatment plant did not establish that he qualified as a whistleblower under state law or that his employer committed any crimes, the Ohio Supreme Court ruled today.
Second District: City, Officer Who Struck Woman Crossing Street in Motorized Wheelchair Immune From Civil Lawsuit
A woman who spent a month in the hospital after being struck by a police cruiser while crossing the street in her wheelchair cannot hold the officer or the city liable for the accident, the Second District Court of Appeals, ruled on December 12.
Newspaper’s Appeal for Unredacted Juvenile Court Records Is Moot
The Ohio Supreme Court today dismissed an appeal from a Cincinnati newspaper requesting versions of Hamilton County Juvenile Court Judge Tracie Hunter’s docket that included the full names of the juveniles appearing in the judge’s courtroom in December 2012.
Court Upholds Conviction and Death Sentence of Cincinnati Man
The Cincinnati man convicted for the 2009 murders of a girlfriend, her 9-month-old son, and a 3-year-old child will remain on death row, the Ohio Supreme Court ruled today.
Tenth District: Terminated Dental Assistants Get Wrongful Discharge Hearing 12 Years after Blowing the Whistle on Intoxicated Dentist
Twelve years after they complained to a dental clinic’s corporate owners that the dentist in their office worked on patients while intoxicated and intentionally botched procedures to generate repeat business, two Columbus dental office employees won the right to have their wrongful discharge claims heard in court.
Three Attorneys Disciplined for Misconduct
The Ohio Supreme Court today took action to suspend the law licenses of three attorneys in separate decisions.
Non-Lawyer Head of Advocacy Group Practiced Law
A company and its owner engaged in the unauthorized practice of law by representing 20 nursing students claiming racism and discriminatory business practices against a college with a campus in Cleveland.
Youngstown Man’s Death Penalty Set Aside
The Ohio Supreme Court today vacated the death sentence of a Youngstown man convicted in the 1996 murders of three people and attempted murders of two others during the robbery of a bar.
Private Property Owners Not Entitled to Property Tax Exemptions for Land Leased to State Community Colleges
The Supreme Court ruled today that a property owner who leases a building or a portion of a building to a college cannot claim the exemption from state and local property taxes for property connected with public colleges.
Increase in Property Taxes Was Contrary to State Law
The Ohio Supreme Court today ruled that a school board in a Cincinnati suburb was permitted to spend operating funds to pay for permanent improvements, but that it could not formally designate some of its tax levies as permanent-improvement levies.
Court of Claims Hearing Set For Two Cleveland State University Employees Claiming They Were Fired Based on Their Age
The Court of Claims of Ohio will conduct a hearing in December to determine if two long-term Cleveland State University employees were fired because of their age after the department they worked in was reorganized and their duties given to employees much younger than them.
Second District: Victim of Barroom Brawl Entitled to Nearly $90,000 When Club Owner Fails to Respond to Lawsuit
The owners of a Dayton nightclub must pay nearly $90,000 to the victim of an alleged barroom brawl after they failed to respond to the victim’s lawsuit, the Second District Court of Appeals ruled.
When Some Evidence Is Wrongly Allowed, Appeals Courts Must Decide Whether Other Evidence Supports the Verdict
When deciding whether to grant a new trial because evidence of other acts was wrongly admitted, an appeals court must consider both the effect of the improper evidence on the verdict and the strength of the remaining evidence, the Ohio Supreme Court ruled today.
8th District: Spouse Owes Development Firm $700,000 in Attorney Fees After Jailed Husband’s Deceit Revealed
After her husband was fired for fraud, the spouse of a commercial development firm executive sued the company to get her 10 percent share of profits earned by the firm for construction of several federal buildings including FBI offices.
Two Attorneys Receive Indefinite Suspensions from the Practice of Law
The Ohio Supreme Court has indefinitely suspended two attorneys following their felony convictions in unrelated cases.
Former Municipal Court Judge Suspended
Harland H. Hale, who served on the Franklin County Municipal Court, has been suspended from practicing law for six months.
Eighth District: Casino Control Commission Wrong To Revoke Dealer’s License for Taking Can of Red Bull Without Paying
Revoking a casino dealer’s gaming license for failure to pay $1.84 for a Red Bull will not fly, the Eighth District Court of Appeals ruled.
First District: Judge Questions Whether Obscene Gesture Played Too Large a Role in Awarding $303,000 in Punitive Damages
A three-judge panel upheld a $303,000 judgment against a father and son accused of selling another man’s industrial equipment without his permission.
Two Attorneys Receive Suspensions With Partial Stays
The Ohio Supreme Court has suspended from the practice of law an attorney from Columbus and one from Dayton for misconduct in separate cases. Each has received a two-year suspension with one year stayed if they meet certain conditions.
'Attempted Felony Murder' Not Recognized in Ohio
It is not possible to commit attempted felony murder in the state, the Ohio Supreme Court held today.
Helipad Allowed on Roof of Cleveland Hospital
The Ohio Supreme Court ruled today that Cleveland’s zoning laws permit Fairview Hospital to build a helipad on the roof of a new building.
Courts Must Find Probable Cause Before Issuing Arrest Warrants
Arrest warrants issued by the Toledo Municipal Court for a man suspected of stripping materials from a house were invalid because no determination of probable cause was made, the Ohio Supreme Court ruled today.
Fifth District: Past Reversal Guides Court’s Latest Denial of Fines Against Village That Destroyed Old Records
The Fifth District Court of Appeals has upheld a decision to deny a man trying to use the public records law for financial benefit.
Tenth District: Insurance Company Not Entitled to Restitution
A man who said he shouldn’t have to pay restitution to an insurance company because it was not the victim of his crime will see his case go back to a trial court for further proceedings.
Jury Instructions Defining “Enterprise” Upheld
The instructions given in a Montgomery County case alleging corrupt activity adequately defined the elements of an “enterprise” for the jury, the Ohio Supreme Court ruled today.
Court Upholds Conviction and Death Penalty in 2008 Shooting of Twinsburg Police Officer
The Ohio Supreme Court today ruled in the case of Ashford L. Thompson, who was convicted in 2010 for the murder of Twinsburg police officer Joshua Miktarian during a traffic stop.
First District: Changes to Condominium Common Areas Do Not Need Unanimous Owner Approval
A Cincinnati condo owner is down 30-love in tennis court controversy after the First District Court of Appeals upheld a decision favoring the condominium owners’ association.
Columbus Attorney Indefinitely Suspended
The Ohio Supreme Court has placed Christopher T. Cicero of Columbus on an indefinite suspension from the practice of law for altering the charge in his own speeding case.
Two Attorneys Receive One-Year Suspensions
In separate cases, the Ohio Supreme Court suspended attorneys from Columbus and Howard for two years. The court stayed one year of each attorney’s suspension as long as they meet certain conditions.
Restitution Must Be Paid Before Applying to Seal Criminal Record
The Ohio Supreme Court ruled today that an offender is not eligible to have a felony conviction sealed until the offender has paid all court-ordered restitution.
Court Clarifies Standards for Evaluating Workers’ Compensation Cases
Ohio does not recognize the doctrine of dual intent when determining whether an employee injured while traveling for both work and personal reasons is entitled to benefits through workers’ compensation, the Ohio Supreme Court decided today.
Trial Court Cannot Reconsider Sentence When Defendant Does Not Comply with Plea Agreement
After sentencing, a trial court has no legal authority to set aside the conviction and sentence of a defendant who made a plea deal and then reneged on it, the Ohio Supreme Court ruled today.
Parent Trying to Restore Parental Rights Not Entitled to Delayed Appeal
The Ohio Supreme Court today held that delayed appeals for parents who have lost parental rights are not constitutionally required to protect their interests.
Norton City Council Meetings Can Be Aired Via Internet
By streaming its city council meetings live over the Internet, Norton has met its charter requirement that it publicly air all council sessions, the Ohio Supreme Court ruled today.
Tenth District: Injured COTA Rider Must Get Chance to Prove Bus Jerk Was Unusual
A court must consider if a bus jerked more than the typical jostling that happens after picking up passengers to determine if a rider can hold the Central Ohio Transit Authority responsible for his dislocated shoulder.
Tenth District: State may be Liable for Injuries Inmate Sustained at Privately Operated Prison, but Company Must Pay Damages
The Court of Claims of Ohio needs to thoroughly assess whether the Ohio Department of Rehabilitation and Correction can be held liable for injuries an inmate suffered while under the control of a private prison operator, even if the private contractor ultimately has to pay for the damages, the Tenth District Court of Appeals ruled.
Parole Board Obligated to Investigate and Correct Significant Errors in Record Considered for Inmate’s Release
The Ohio Supreme Court ruled today that information relied on by the state parole board when considering a prisoner for release must be reasonably accurate and relate to the prisoner.
Electric Utility May Recover Costs from Customers Who Changed Companies
An electric utility is permitted to recover some of the $36 million in undercharged transmission costs from customers who switched companies for that part of their electric services, according to an Ohio Supreme Court decision today.
Court of Claims: Police Owe $22,550 to OU Student for Broken Thumb
An Ohio University student who said a campus police officer broke her thumb while arresting her will receive $22,554.
Dayton Lawyer’s License Suspended
Dayton lawyer John J. Scaccia will be prohibited from practicing law for at least six months after the Ohio Supreme Court took action on incompetency complaints against him.
California Woman Caught with Marijuana in RV Denied Appeal
A California woman found transporting 19 boxes of marijuana in a motorhome on a highway in Ohio has been denied an appeal.
Accused May Contest Test Results and Operability of Intoxilyzer 8000
A person charged with operating a vehicle while under the influence of alcohol has the right to challenge the accuracy of the specific results from the breath analyzer machine used to conduct a breath-alcohol test, the Ohio Supreme Court ruled today.
Eighth District: Bamboozled Diamond Ring Shipper Cannot Sue FedEx for Collecting Bogus Payment Check
A shipper of an expensive ring could expect FedEx to deliver her package without damaging the merchandise and not releasing it to the buyer until payment was provided, but could not hold FedEx liable for picking up a phony check, the Eight District Court of Appeals ruled.
Non-Lawyer Advocate Gave Legal Advice to Criminal Defendants
A Lorain County non-lawyer and his corporation engaged in the unauthorized practice of law by providing legal advice to individuals facing criminal charges, according to an Ohio Supreme Court decision today.
Trial Courts May Instruct Juries on Lesser-Included Offenses
A criminal defendant cannot prevent a trial court from giving instructions to the jury on lesser-included offenses, the Ohio Supreme Court held today.
Part of Judicial Conduct Rule Unconstitutional, Violates Free Speech
The Ohio Supreme Court today found that part of a rule governing the conduct of candidates running for judge is unconstitutional.
Right to Attorney Applies at Resentencing Hearings
The Ohio Supreme Court ruled today that criminal defendants are entitled to counsel at resentencing hearings held to impose postrelease control.
Charter Schools Challenge Whether Management Company Owns Property Bought for Schools
Ten charter schools that had been operated by White Hat Management believe they own the computers, desks, supplies, and other equipment the management company bought with state funds it was given to run the schools.
Tenth District: State Park Visitor Injured by Rock Launched from Lawn Mower can Hold ODNR Liable
Richard Combs was walking to his preferred fishing spot in Indian Lake State Park when a rock shot out of a boom mower attached to a tractor and hit him in the eye.
Fired Amusement Park Executive Cannot Be Reinstated
The arbitration panel that reinstated a former Cedar Fair executive to his job exceeded its authority, given the terms of the executive’s employment contract, the Ohio Supreme Court held today.
$82,000 Settlement in Wrongful Imprisonment Case
A West Alexandria man who wrongfully spent more than a year behind bars settled with the state of Ohio for $82,000.
Contract Does Not Prohibit Strip-Mining on ODNR Land
The holders of the mineral rights under more than 600 acres owned by the state in southeastern Ohio have the right to strip-mine for coal, the Ohio Supreme Court ruled today.
Stables Can’t Be Sued for Injuries Sustained in Dog and Pony Encounter
Ohio’s law that generally always excuses the unruly behavior of horses trumps the law that nearly always penalizes the mischievous acts of dogs, the Ninth District Court of Appeals ruled in a split decision.
Eleven High Schools to Participate in Off-Site Court Session in Ravenna
Portage County will host the justices of the Ohio Supreme Court in an off-site session on September 24.
Court of Claims: Decision Reversed in Dentures Refund Case
A man who wanted compensation for dentures lost during an August 2011 assault will receive funds for a replacement in a Court of Claims of Ohio case that reversed a decision made by Attorney General Mike DeWine.
Court of Claims Approves Dept. of Agriculture Crash Settlement
The Ohio Department of Agriculture will pay a Bethel, Ohio woman $225,000 for a rear-end crash caused by one of its employees. The Court of Claims of Ohio approved the settlement on Friday.
Wendy’s Franchise Owner’s $510,000 Judgment Against Bowling Green Reversed
When Bowling Green State University learned its students were spending $1.2 million at the Wendy’s in the student union, most of it with meal plan funds that could be used at university dining halls, it cut off Wendy’s from the meal cards.
Dispute Over Role of Sewer District in Northern Ohio Before Supreme Court
A program designed to manage stormwater runoff in the Cleveland area is at the center of a debate between the regional sewer district running the project and several neighboring communities and commercial property owners.
Sheriff Improperly Suspended Man’s Concealed Handgun License Out of Alcoholism Suspicion
The Henry County sheriff was ordered to return the concealed handgun license of a man the sheriff deemed a “chronic alcoholic,” after the Third District Court of Appeals ruled it was improperly suspended.
Supreme Court Sanctions Three Ohio Attorneys
In separate cases, the Ohio Supreme Court today suspended three attorneys.
Overwhelming Evidence Identified Alleged Perpetrator
The Ohio Supreme Court has unanimously reversed an appeals court decision that there was insufficient evidence proving a man’s identity in a kidnapping at a Cuyahoga County library.
Supreme Court Disbars Two Attorneys
In two separate cases, the Ohio Supreme Court decided to permanently prohibit an attorney from Lima and one from Independence, Kentucky, from practicing law in Ohio.
Asbestos Law Requires Diagnosis by “Competent Medical Authority”
The Ohio Supreme Court held today that when a smoker makes a claim alleging that exposure to asbestos has caused lung cancer, state law requires the claimant to present a diagnosis from a “competent medical authority” showing that the asbestos exposure was a substantial contributing factor to the cancer.
PUCO Correctly Limited How Much Ohio Power Could Charge Customers
The Ohio Supreme Court today unanimously upheld an order from the Public Utilities Commission of Ohio that determined how much Ohio Power Company could collect in fuel costs for providing electric generation service to customers in 2009.
Washington Court House in Contempt of Court for Not Paying Ohio EPA Fines
Washington Court House is in contempt of court for failure to pay fines to the Ohio EPA stemming from sewage overflows into Paint Creek since 2007, the 12th District Court of Appeals ruled.
Mortgage Holders Can Redeem Properties in Foreclosures for Delinquent Taxes
A mortgage holder had the right to take back a Coshocton property that was the subject of a tax foreclosure when the owners did not pay taxes on the land, according to a decision today from the Ohio Supreme Court.
Proving Intent to Use Force Not Required to Convict for Third-Degree Robbery
The state does not have to prove the intention to use or threaten to use force against another to convict an offender of third-degree robbery, the Ohio Supreme Court ruled today.
Death Penalty Upheld for Cleveland Man Convicted of Murder in Three-County Crime Spree
The Ohio Supreme Court today affirmed the convictions and death sentence imposed on Jeremiah Jackson, the Cleveland man who murdered Tracy Pickryl in 2009 during the course of six robberies and other crimes in Cleveland, Sandusky, and Lorain.
Who’s Liable for Real Estate Agent’s Conduct Should Have Been Reviewed By Jury
Because a jury did not decide whether a real estate agent was acting within the scope of her agency when she committed fraud, the Ohio Supreme Court sent the case back to the trial court in a decision announced today.
Public Employees Not Liable for Employment Discrimination in Certain Cases
A supervisor in the Dayton Police Department is immune from civil liability in a sex discrimination lawsuit filed by a police officer, the Ohio Supreme Court ruled today.
Cleveland Judge Receives Public Reprimand
The Ohio Supreme Court has publicly reprimanded Peter J. Corrigan, a judge for the Cuyahoga County Court of Common Pleas, following his convictions for operating a vehicle under the influence of alcohol and impeding the roadway.
Threats to Governor Are Not Public Record
The Ohio Supreme Court today denied a request from a central Ohio media outlet asking the court to order a state agency to release information about threats made against the governor.
Eighth District: Drunk Man Who Punched Firefighter Loses Appeal
A man who said his felony assault conviction should have been dropped because he was drunk the night he punched a firefighter lost his appeal in the Eighth District.
Parents of Teen Killed on Repaved Wayne County Road Can Sue County for Negligence
Wayne County cannot claim immunity from a civil lawsuit, but rather a court should determine if the county was negligent in the death of a teen who died when she crashed on a rural road undergoing repaving.
Court Overturns OMVI Ruling for Pulling Over a Driver Making a Ruckus
A Uniontown police officer had no legitimate reason for pulling over a motorist who was yelling and flailing his arm out of the driver side window, and therefore could not order him to perform a field sobriety test, the Fifth District Court of Appeals ruled.
Court Upholds $1.3 Million Takings Judgment Against Westerville for Streetscape Project
The city of Westerville may not have intended to wall off a U.S. Bank branch from its customers as it acquired land for its gateway beautification project, but the manner in which it took control of the land gave it the right to and now it owes the property owner $1.3 million in damages.
Ninth District: State Court Can Hear Dispute Among Authors of Part of Black Eyed Peas Hit Song
The Black Eyed Peas used a sample of a 1980s song on one of their smash hits, and it has the original Cleveland area musicians spinning through the legal system to collect their shares of the royalties.
First District: Proof As to Who is At Fault Required for Slipping Street Plate Accident
As the Wynn family drove through Cincinnati, they crossed over a metal plate in the road that shifted and the car fell into the hole injuring some of the Wynns and damaging the car.
Supreme Court to Consider Two Mineral Rights Cases from Eastern Ohio
The Supreme Court of Ohio will hear arguments in two cases next week about natural gas and oil drilling rights on properties in Harrison County.
Court of Claims Approves Highway Patrol Assault Settlement for $110,000
A Vermont man settled his case for $110,000 with the Ohio State Highway Patrol for “excessive and unjustified” force after a head-on crash in 2005 left him disoriented.
Third District: Pastor Driving to Work Wins Citation Appeal
A pastor who was ticketed for driving on a street that was closed for repair won his appeal against the city of Sidney.
Prisoner Settles for $10,000 in Personal Injury Suit
A prisoner at Lebanon Correctional Institute settled his personal injury lawsuit with the Ohio Department of Rehabilitation and Correction (DRC) and Office of Risk Management for $10,000.
Court Should Make Statutory Findings at Sentencing Hearing and Include Findings in Sentencing Entry to Impose Consecutive Prison Terms
Because the trial court did not meet statutory requirements for imposing prison terms consecutively, the Ohio Supreme Court today set aside the more than eight-year prison sentence of a man who stole about $117 from a Delaware County hotel’s vending machines.
Current Law Requires Presentence Investigation Report Before Community-Control Sentence
State law and a rule for criminal proceedings preclude a trial court from sentencing a felony offender to community-control sanctions without first ordering and reviewing a presentence investigation report, the Ohio Supreme Court ruled today.
Twelfth District: Appeal Denied for Man Seeking Acquittal in Child Endangerment Case Where Pedestrian Was Killed
The Twelfth District Court of Appeals rejected a man’s appeal to have all of his charges acquitted.
Supreme Court Decides When Juveniles May Be Classified as Sex Offenders
The Ohio Supreme Court today interpreted a law that provides for classifying youth as juvenile-offender registrants for sex crimes.
Former Westlake Judge Connected to Cuyahoga County Corruption Scandal Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended the law license of Bridget M. McCafferty, formerly a judge on the Cuyahoga County Court of Common Pleas.
Certain Contract Language Explicitly Transfers Risk of Nonpayment by Client to Subcontractor
A general contractor asking the Ohio Supreme Court to uphold the terms of its contract with a subcontractor requiring it to pay the subcontractor only if it was first paid by the client won its appeal today.
Changes in Drug Possession Penalties Apply to Defendants Convicted Before, but Sentenced After, 2011 Law’s Effective Date
Defendants convicted of possessing crack cocaine before legislation reducing criminal penalties became effective but sentenced after the law’s effective date must be sentenced based on the new law’s provisions, the Supreme Court of Ohio ruled today.
Ohio Supreme Court’s Decision on Cell Phone Searches
The U.S. Supreme Court ruled last month that police need a warrant to search a suspect’s cell phone.
Former Fairfield County Fire Chief’s Appeal Denied
Former Pleasant Township Fire Chief Jeff Mathias’ attempt to regain the position he held for 16 years has failed.
Convictions and Death Penalty of West Chester Man Upheld
The Supreme Court of Ohio today affirmed a West Chester man’s convictions and death sentence for the 2009 murder of a Butler County man.
Court of Claims Approves Highway Patrol Crash Settlement for $235,000
Two Dayton-area brothers settled their case for $235,000 with the Ohio State Highway Patrol after a Highway Patrol trooper, who was driving nearly 100 mph without his overhead lights or sirens activated, crashed into their car in 2013.
Akron Judge Receives Public Reprimand
The Ohio Supreme Court today publicly reprimanded a judge serving on the Akron Municipal Court for her conduct related to the 2012 arrest of a lawyer who practiced in her courtroom.
Rule Mandating 10 Percent Cash Payment for Bail Is Unconstitutional
A criminal rule giving trial courts authority to order defendants to post a cash payment for 10 percent of their bail was ruled unconstitutional today by the Ohio Supreme Court.
Supreme Court to Consider Constitutionality of Mandatory Transfer of Juveniles to Adult Court
On Tuesday at the Ohio Supreme Court a Summit County youth will raise constitutional challenges to state laws mandating the transfer of some minors from juvenile to common pleas court for certain offenses involving a gun.
July 4th-Related Case Centered on Shipping Fireworks Out of State
Nearly 30 years ago, the Ohio Supreme Court found that a Toledo-area fireworks company violated state law by not shipping fireworks directly out of state and instead delegating that task to the buyer.
Threats Made By Employee at Center of Case Before Supreme Court
The Ohio Supreme Court will hear an appeal from a man convicted of making a terrorist threat after he talked about shooting other employees and bombing his Ironton workplace.
Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing
A trial court did not violate a teenager’s due-process rights or abuse its discretion when it excluded her from a custody hearing in a divorce case, especially after considering whether attending the hearing was in her best interest, the Ohio Supreme Court ruled today.
Supreme Court Suspends Willoughby, Columbus Attorneys
Two attorneys were suspended from the practice of law today by the Ohio Supreme Court for violating professional conduct rules.
Court Decides Payday Loan Case
Legislation passed in 2008 to reform the regulation of payday loans does not apply to similar types of loans made under another section of law, according a decision from the Ohio Supreme Court today.
Progressive Group Does Not Have Right to Challenge the Constitutionality of JobsOhio
The Supreme Court of Ohio ruled today that a public policy group and two legislators are not the proper parties to challenge the constitutionality of JobsOhio, the nonprofit economic development corporation formed by the state.
Toledo Asks Supreme Court to Uphold Hearing Process for Camera Enforcement of Traffic Laws
The constitutionality of the appeals process for Toledo’s system using traffic cameras to catch those running a red light or speeding is one of seven cases the Supreme Court of Ohio will consider during next week’s oral arguments.
Supreme Court Orders Reopening of Sealed Records in Rape-Flier Case
The Ohio Supreme Court today directed a Butler County judge to set aside his order sealing records related to a charge against a student who posted a flier advocating the rape of women at an Ohio university.
Court of Claims Awards $350,000 in Wrongful Death Claim of Inmate
The Court of Claims of Ohio awarded the family of a deceased Warren Correctional Institution inmate $350,000 in damages on May 29.
Court of Claims approves UTMC botched kidney transplant settlement for $650,000
The mistaken disposal of a healthy donor kidney meant for the donor’s sister will cost the University of Toledo Medical Center $650,000, under a settlement approved by the Court of Claims of Ohio May 28.
For Tampering Conviction, Evidence Must Be Related to Ongoing or Likely Investigation
The Ohio Supreme Court today held that a conviction for tampering with evidence requires proof that the defendant intended to prevent the evidence from being used in an ongoing or likely proceeding or investigation of which the defendant was aware.
Cleveland’s Curfew Ordinance for Public Square is Constitutional
The Supreme Court of Ohio today upheld a Cleveland city ordinance that prohibits people from staying in the city’s downtown Public Square overnight without a permit.
Judge Receives One-Year Stayed Suspension from Supreme Court
The Ohio Supreme Court today issued a one-year stayed suspension for Fayette County Probate/Juvenile Court Judge David B. Bender for neglecting a client’s personal-injury case.
Supreme Court Suspends Two Northeastern Ohio Attorneys
In separate cases, the Ohio Supreme Court today suspended two attorneys from the Cleveland area.
Court of Claims approves Ohio Lottery Commission winning ticket settlement for $710,000
Nearly four years after winning $2 million in a Lucky Millionaire scratch-off game, a Michigan man settled with the Ohio Lottery Commission for $710,000. The Court of Claims of Ohio approved the settlement on May 22.
Supreme Court to Consider Whether Outbound 911 Calls and Threats to Governor Are Public Record
The Supreme Court of Ohio will hear arguments in two cases next week that involve public records requests from media outlets.
Supreme Court Issues Stayed Suspension for Law Director
The elected part-time law director for the city of Zanesville received a six-month stayed suspension of his law license from the Ohio Supreme Court today for conduct that led to criminal convictions.
Court Reconsiders Property Tax Case Valuing Central Ohio Condos
The state’s board of tax appeals was correct to reject a property appraisal based on the bulk value of 21 condominium units in Dublin, but the board should not have reverted back to the value established by the county auditor, the Supreme Court of Ohio ruled today.
Court of Claims Approves Ohio State University Settlement for Damaged Airplane
By failing to properly secure an airplane at Don Scott Field in advance of the June 29, 2012 derecho storm, two Pickerington skydiving companies will receive $45,000 from the Ohio State University as part of a settlement approved by the Court of Claims of Ohio on May 12.
Convictions and Death Sentence in 2009 Triple Murder in Canton Upheld
The convictions and death sentence of a Canton man for stabbing and killing his two young children and murdering his ex-mother-in-law were affirmed today by the Supreme Court of Ohio.
In RICO Cases, Threshold Amount for Corrupt Activity Applies to Each Individual not to Criminal Enterprise
The corrupt-activity convictions of two men for participating in a Highland County drug ring have been overturned by the Ohio Supreme Court today because their drug sales did not meet the required statutory amounts.
Supreme Court Rejects Death Penalty Appeal of Hamilton County Man in Murders of Two Women and Two Girls
The Ohio Supreme Court today upheld the convictions and death sentence of Anthony Kirkland, who murdered and then burned the bodies of two women and two teenage girls in Hamilton County between 2006 and 2009.
Convicted Murderer’s Appeal is Denied
A man serving a life sentence for murdering his ex-girlfriend in Summit County had his appeal denied this week. The Ninth District Court of Appeals found insufficient support for Chad Cobb’s three claims.
State Opposes Sealing of Convictions Before Restitution is Paid
Franklin County prosecutors will ask the Ohio Supreme Court on Tuesday if a woman who pled guilty to theft has the right to have her 2002 conviction sealed even though she is still paying back the roughly $34,000 she stole.
Supreme Court Publicly Reprimands Former Rep. Mecklenborg
The Ohio Supreme Court today publicly reprimanded former State. Rep. Robert P. Mecklenborg for drunk driving and for negligently misrepresenting facts on his driver’s license renewal application.
Supreme Court Upholds Conviction and Death Penalty in Perrysburg Double Murder
The Supreme Court of Ohio today affirmed a Toledo man’s conviction and death sentence for the 2007 murders of his boss at a Perrysburg trucking company and the company’s safety director.
Court Rules That Collections Company and Non-Lawyer Civil Rights Advocate Practiced Law
In separate cases, the Ohio Supreme Court today ordered a collections business near Cleveland and a Minnesota civil rights advocate involved in two Ohio domestic relations cases to stop engaging in the unauthorized practice of law (UPL).
Sex Offender’s Case Is Sent Back by Third District Appeals Court
The Third District Court of Appeals has ruled that the wrong law was applied to a man classified as a sex offender.
Court to Consider Timeframes for Filing Lawsuits in Child Sex Abuse Cases
A Franklin County woman has filed a lawsuit alleging sexual abuse when she was a juvenile by two state employees.
Cincinnati Attorney Suspended
The Supreme Court of Ohio today suspended a Cincinnati attorney for two years for violating rules of professional conduct. The final 18 months of the suspension will be stayed if the attorney meets certain conditions.
Death Sentence of Butler County Man Upheld
The Ohio Supreme Court today rejected the third death-penalty appeal of a Butler County man convicted of shooting and killing his ex-girlfriend in 1983.
Student Hit by Bus Settles Suit with The Ohio State University
An Ohio State University student hit by an OSU-owned bus settled his personal injury suit with the school.
Formal Request to Suppress Evidence Does Not Need Highly Detailed Statement of Facts and Law
The Supreme Court of Ohio today ordered a trial court to hold a hearing to consider a woman’s request to suppress evidence gathered by police during a traffic stop in North Ridgeville.
Property Appraisal Amount Trumps Remote Sale Price When Setting Property Tax Values
When a property has been sold more than 24 months before the lien date in a reappraisal year, and the reappraisal does not use that sale price as the property value, the sale should not be presumed “recent” when determining the property’s value for that year, the Supreme Court of Ohio ruled today.
Appeals Court Makes Ruling in Former Kalida Coach’s Case
A former coach at a Putnam County school will have his consecutive sentences for sex-related charges re-examined after a ruling by the Third District Court of Appeals.
Supreme Court to Consider Death Penalty Appeal from Man Who Shot Twinsburg Police Officer
A man who shot a Twinsburg police officer during a 2008 traffic stop will appeal his conviction and death sentence before the Ohio Supreme Court on Tuesday.
Toledo Law School to Host Supreme Court Oral Arguments
The Ohio Supreme Court will review the termination and reinstatement of a former Cedar Point executive, along with two other cases, when it convenes in official session in Toledo on April 9 as part of the biannual Off-Site Court Program.
Cincinnati Attorney Who Falsified Documents Indefinitely Suspended
A Cincinnati attorney who was sentenced by a federal court to five years probation for creating and submitting fraudulent documents to the Internal Revenue Service and who fabricated an e-mail during litigation against her and her firm has been suspended indefinitely from the practice of law today by the Ohio Supreme Court.
Two Central Ohio Attorneys Suspended from Practice of Law
The Ohio Supreme Court today indefinitely suspended a Dublin attorney and ordered a two-year suspension with one year stayed for a Columbus attorney from the practice of law for violating rules of professional conduct.
Unvested Military Retirement Benefits Earned During Marriage Qualify as Marital Asset
A trial court must take the value of unvested military retirement benefits into account when dividing marital assets in a divorce, the Ohio Supreme Court ruled today.
Supreme Court Disbars Attorney, Suspends Attorney
In separate disciplinary cases announced today, the Ohio Supreme Court disbarred one northeast Ohio attorney and suspended another from the practice of law.
Common Pleas Court Did Not Have Jurisdiction to Review Legality of Court Costs Paid to Municipal Courts
A common pleas court did not have the authority to review a case from a Cleveland man who alleged that a municipal court charged him and other defendants improper court costs, the Ohio Supreme Court ruled today.
Nontestimonial Autopsy Report Did Not Violate Sixth Amendment Confrontation Rights
The Ohio Supreme Court today affirmed the convictions and death sentence of Charles Maxwell, a Cleveland man found guilty of the 2005 murder of Nichole McCorkle, with whom he had a child and a long-term relationship.
Akron Official Not Improperly Holding Offices in Police Department
An assistant to the Akron mayor cannot be removed as acting city police chief because there is no such position, and he does not hold the office of deputy police chief so he cannot be ousted from that position either, the Ohio Supreme Court ruled today.
Cincinnati Attorney To Be Indefinitely Suspended
The Ohio Supreme Court today announced that it will indefinitely suspend Cincinnati attorney Robert F. Alsfelder Jr. from the practice of law for failing to respond to repeated court orders for information as part of an investigation into his alleged misconduct.
Supreme Court Rules on Minimum and Consecutive Sentences for Certain Juvenile Offenses
A juvenile court has the authority to commit a delinquent juvenile to confinement with the department of youth services for a minimum time greater than the statutory minimum of 30 days when the juvenile has violated his supervised release, according to a decision today by the Ohio Supreme Court.
Courts Must Expressly Consider Youth as Mitigating Factor Before Imposing Life-Without-Parole Sentence on Juvenile
A trial court must reconsider the life-without-parole sentence of a juvenile convicted of two 2009 murders in Cincinnati, the Ohio Supreme Court ruled today.
Supreme Court Suspends Cleveland, Minford Attorneys
Two attorneys from opposite ends of the state were suspended from the practice of law today by the Ohio Supreme Court for violating professional conduct rules.
Youngstown Man Appeals Death Sentence for 1985 Murder of Neighbor
The Ohio Supreme Court will hear arguments Tuesday in the death penalty appeal of a Youngstown man convicted in 2007 of murdering a local college student who was his neighbor.
Appeals Court Reverses Insurance Policy Cancellation Notice Before Premium Due Date
A Cleveland insurance company’s cancellation notice before a customer’s premium due date did not cancel the policy because a 10-day grace period is built into the state statute, according to a ruling Monday by the Ninth District Court of Appeals.
Supreme Court Rules Ohio’s Child-Enticement Law Too Broadly Written
The Ohio Supreme Court ruled today that Ohio’s child-enticement statute is unconstitutional because it prohibits a significant amount of constitutionally protected activity.
New Appellate Counsel Entitled to Obtain Client’s Presentence Investigation Report For Appeal
A newly appointed appellate attorney has the right to view the presentence investigation report considered by the court in a defendant’s trial, the Ohio Supreme Court ruled today.
Court of Claims approves $2.5 million Ohio Reformatory for Women Settlement
A $2.5 million settlement between a Cincinnati family and the Ohio Reformatory for Women will resolve negligence claims surrounding the July 15, 2006 birth of a baby girl with severe brain damage and spastic quadriplegic cerebral palsy.
City to Argue for Local Laws Governing Oil and Gas Drilling
The Supreme Court of Ohio will consider this week whether the state law governing oil and gas drilling prevents cities, counties, and townships from overseeing certain aspects of such drilling.
Appeals Court Must Reconsider Damages in Public Records Case
The Supreme Court of Ohio today ordered an appeals court to determine the amount of damages to award to a woman who waited two months for the city of South Euclid to respond to a public-records request and eight months to have the records provided in their entirety.
Man’s Appeal Challenging Sixth Trial Will Be Heard
The Supreme Court of Ohio sent a case back to an appellate court today to consider the merits of an appeal from an Austintown man who is protesting an indictment that could lead to his sixth trial for a 2003 murder.
In Three Cases, Supreme Court Finds that Non-Lawyers Practiced Law
In three separate cases announced today, the Ohio Supreme Court ruled that a real-estate agent, a man who represented a debt-consolidation company, and another man who owned a divorce-assistance company, none of whom are attorneys, all engaged in the practice of law without having been admitted to the bar.
Reduced Penalty Applies When Amended Statute Takes Effect Before Sentencing
A court has a duty to impose a reduced sentence when a defendant is sentenced for a crime after legislation takes effect that reduces the penalty or punishment, according to a ruling today from the Ohio Supreme Court.
PUCO Decision Allowing Electric Charges Stands
The Ohio Supreme Court today rejected arguments from an industrial association and a consumer advocacy group disputing and seeking refunds of hundreds of millions of dollars in electric charges collected by an Ohio power company.
Tenants’ Guests Protected by Ohio’s Landlord-Tenant Law
Ohio landlords have the same obligation to their tenants’ guests as they do to tenants to keep the common areas of their premises safe and sanitary, the Supreme Court of Ohio ruled today.
Appeals Court Finds Problems in Marion Arsonist’s Case
An appeals court has found errors in the sentencing and restitution orders against a man serving a sentence for a 2011 arson and burglary that affected multiple Marion businesses.
Supreme Court Case Had an Olympic Connection
With the official Opening Ceremony today for the Sochi 2014 Winter Olympics, it’s interesting to note that the Ohio Supreme Court decided an Olympic-related case in 1984 (another Olympics year).
Co-Worker Entitled to Fellow Employee Immunity in Parking Lot Accident
An employee of a southeastern Ohio manufacturing plant will not receive more than $700,000 in economic damages he was awarded at trial for a parking lot accident after a ruling on January 28 by the Fourth District Court of Appeals.
Cleveland Man Convicted of Aggravated Murder Asks Court to Reverse His Death Sentence
The Supreme Court of Ohio on Tuesday will hear the death penalty appeal of a Cuyahoga County man found guilty of shooting and killing a laundromat employee during a 2009 robbery, one of multiple crimes he committed in three counties over 17 days in June of that year.
1980 Hail Mary Pro Football Case Decided in Supreme Court
As the only Ohio professional football team to make it to the Super Bowl (sorry Cleveland Browns fans), the Cincinnati Bengals brought a case to the Ohio Supreme Court more than 30 years ago. In honor of this weekend’s big game between the Denver Broncos and Seattle Seahawks, here is what the court decided in 1980.
Court of Claims approves UT Medical Center Settlement
Applying radiotherapy to the wrong sites to treat a Michigan woman’s cervical and endometrial cancer will cost the University of Toledo Medical Center more than $200,000.
Former Candidate for Prosecuting Attorney Receives Public Reprimand
The Supreme Court of Ohio today publicly reprimanded a former candidate for Athens County prosecuting attorney for violating a professional conduct rule related to her misdemeanor conviction for breaking Ohio financial disclosure laws.
Court Lifts Use Tax On Transient Boater
In a per curiam (not authored by a specific justice) decision, the Supreme Court of Ohio today held that the Ohio Board of Tax Appeals (BTA) acted unreasonably and unlawfully when it affirmed the tax commissioner’s imposition of use tax, penalty, and interest of more than $15,000 against a Kentucky resident who occasionally operated her boat in Ohio waters.
Tow-Truck Law Hits Legal Bump
In a dispute between the city of Cleveland and the state over the regulation of towing companies, the Supreme Court of Ohio ruled today that a portion of the state law regulating tow trucks is unconstitutional.
Euclid Man’s Assault Falls Within Domestic Violence Law
The Supreme Court of Ohio today ruled that a Euclid man was living with his girlfriend as a spouse, so his conviction for domestic violence must be reinstated.
Court Reinstates Felony Domestic Violence Conviction
The Supreme Court of Ohio today reinstated the conviction of a Cleveland man for a felony-level offense of domestic violence.
Mason Attorney Suspended
A Mason attorney who continued to serve as legal counsel for a company after being suspended for not paying his attorney registration fee and not meeting his continuing legal education (CLE) requirements has been suspended from the practice of law today for 24 months, with six months stayed on conditions, by the Ohio Supreme Court.
Appeals Court Upholds Woman’s Multi-Year Sentence
A home healthcare aide convicted in a plot to rob an elderly Summit County man in her care has been denied an appeal of her 18-year sentence. In a unanimous decision, a three-judge panel of the Ninth District Court of Appeals has affirmed Samantha Furman’s sentence.
Supreme Court to Consider Death Penalty Appeal of Butler County Man
A man convicted of murdering his girlfriend’s boss to prevent him from reporting the woman’s alleged theft of nearly $20,000 will ask the Supreme Court of Ohio to reconsider his conviction and death sentence on Wednesday.
Eighth District: No Blanket Protection for Lead Hazard Public Records
A blanket protection for all documents that a Cleveland-area law firm sought from the Cuyahoga County Board of Health should not have been granted by the trial court, according to a ruling by the Eighth District Court of Appeals. The case has been sent back to the Cuyahoga County Court of Common Pleas.
Sixth District: Insurance Company Acted in Bad Faith with Delayed Payment
The Sixth District Court of Appeals recently ruled that State Farm Fire and Casualty Co. acted in bad faith when it failed to pay life insurance to a Lucas County woman in a timely manner. The decision reversed a Lucas County Common Pleas Court ruling.
Texas Tax Services Firm Improperly Practiced Law in Ohio
The Supreme Court of Ohio ruled today that a Texas company with offices in Ohio engaged in the unauthorized practice of law in this state when it prepared and filed a tax appeal and appeared before the Ohio Board of Tax Appeals.
Dayton Attorney Suspended Indefinitely
A Dayton attorney who embezzled more than $100,000 from his employer has been indefinitely suspended today by the Ohio Supreme Court.
State Controlling Board Had Legal Authority to Approve Request for Federal Medicaid Funds
The state Controlling Board did not violate the law when it approved the Ohio Department of Medicaid’s request for increased appropriation authority to accept federal Medicaid funds available to the state under the federal health care law, the Supreme Court of Ohio ruled today.
Appeals Court Denies Malpractice Suit Against Akron Doctor and Hospital
Two sets of parents, who sued after being accused of abusing their infant children, have lost another round in their legal battle. The Ninth District Court of Appeals has ruled that the Summit County Court of Common Pleas was correct to dismiss the lawsuit against Akron Children’s Hospital and Dr. Daryl Steiner.
Court Upholds 1990 Conviction and Sentence
The Supreme Court of Ohio today instructed an appellate court to dismiss the appeal of a Coshocton woman convicted of complicity to commit murder and sentenced to life in prison in 1990.
Juvenile Court Did Not Follow Interstate Child Custody Laws
The Supreme Court of Ohio today ordered that a 5-year-old girl be returned to her custodial parent.
Court of Claims Denies Negligence Claim in OSU Elevator Death
The wife of a London man who was crushed to death by an elevator at the former Holiday Inn on the Lane near the Ohio State University campus will not receive compensation from the state.
Cleveland’s Residency Bonus Points Ruled Unconstitutional
Giving Cleveland employees who live in the city extra credit on their promotional exams violates the Ohio Constitution, according to a ruling issued by the Eighth District Court of Appeals.
Admission of Evidence from Traffic Stop Unconstitutional
An Ohio appeals court has sided with a defendant who claimed his state constitutional right against illegal search and seizure was violated in a drug possession case.
Canton Man Convicted and Sentenced to Death for Three Murders Asks Supreme Court for New Trial
On Wednesday, the Supreme Court of Ohio will hear the death penalty appeal of a Canton man convicted of murdering his two young children and ex-mother-in-law in 2009.
Wrongfully Imprisoned Cleveland Man to Receive $600,000 from State
A wrongfully imprisoned Cleveland man should receive more than $600,000 from the state for the time he was incarcerated and for lost wages, according to a November 27 decision of the Court of Claims of Ohio.
In Separate Cases, Supreme Court Finds that Two Non-Lawyers Practiced Law
The Ohio Supreme Court today determined that a former law school student and a real estate appraiser who are not attorneys engaged in the practice of law without being admitted to the bar or having appropriate certification.
Trial Courts Not Required to Consider Pleadings When Deciding Whether to Grant a Directed Verdict
A trial court improperly issued a directed verdict in favor of a Chillicothe doctor accused of negligence in a woman’s death, the Ohio Supreme Court ruled today.
Supreme Court Denies Request to Compel JobsOhio to Release Documents
The Ohio Supreme Court today dismissed a complaint asking the court to force economic development organization JobsOhio to produce documents requested under the state’s Public Records Act.
Summit County Man’s Conviction Overturned in Lost Dog Reward Case
The Ninth District Court of Appeals has ruled that a man who was involved in the attempted exchange of a lost dog for a $500 reward was not guilty of coercion because the jury was not instructed on considering complicity, and the evidence showed the man did not directly participate in coercing the dog’s owners for the reward money.
Right to Confront Witnesses Not Violated When Defendant Stipulates to Report from Expert Witness Who Does Not Testify at Trial
A Marietta man who claimed that a trial court took away his right to confront a witness about a DNA report lost his appeal today in the Supreme Court of Ohio.
Second District Court of Appeals Denies Second Retrial for Convicted Murderer
The Second District Court of Appeals has decided it will not grant a Dayton man another retrial for murder because there was no racial discrimination when the prosecutor dismissed a potential juror.
Two Attorneys Suspended Indefinitely from Practice of Law
The Ohio Supreme Court today ordered the indefinite suspensions of two real estate attorneys for violating rules of professional conduct.
Resentencing for Postrelease Control Cannot Be Imposed if an Offender Has Already Completed Prison Term
A trial court cannot resentence an offender to postrealease control if the offender has already served his prison time for the offense – even if the offender remains in prison for other offenses, the Supreme Court of Ohio ruled today.
Jury Verdict Forms Must List Degree of an Offense or Elements that Justify a Conviction of a More Serious Crime
The sentence given by a Lawrence County court to a man found guilty of failing to comply with a police officer’s order or signal must be lowered from a third-degree felony to a misdemeanor because the jury’s verdict form did not include language required by statute, the Supreme Court of Ohio held today.
Gallia County Judge Receives Stayed Suspension for Misconduct
Gallia County Common Pleas Court Judge David Dean Evans has received a one-year stayed suspension from the Ohio Supreme Court for failing to disqualify himself from a case in which he had a conflict with defense counsel.
Worthington Couple Entitled to City Income Tax Refund
The Supreme Court of Ohio ruled today that a Worthington couple is entitled to a refund plus interest from the City of Worthington for income tax they paid over several years on investment income that was not subject to taxation under former city ordinances.
Science Teacher Cannot Display Religious Material in Classroom
While a public school district violated a middle school science teacher’s First Amendment rights when ordering him to remove a Bible from his desk, the teacher’s firing was valid because his refusal to eliminate other religious symbols from the classroom was insubordination, the Supreme Court of Ohio ruled today.
City of Cleveland and Occupy Cleveland Protesters to Argue First Amendment Case at Supreme Court
During the Ohio Supreme Court’s session on Tuesday, the City of Cleveland will defend a local law requiring people to obtain a permit to remain in Public Square at night.
Decision Not to Allow a Motion for New Trial Overturned in Convicted Murderer’s Case
A trial court should have held a hearing before denying a convicted murderer’s request to seek a new trial based on a claim of newly discovered evidence, the First District Court of Appeals ruled on Friday.
Drug Conviction Sent Back to County Court
An appeals court has reversed the prison term given to a Newark man for aggravated drug trafficking.
Courts Must Consider Information Presented at Sentencing Hearings When Determining Whether to Merge Multiple Crimes
The Supreme Court of Ohio today remanded the case of an Elyria man involved in a carjacking and high-speed chase to the appeals court for reconsideration. When a court decides whether to merge multiple offenses during sentencing, it has a duty to review the complete record, including arguments made at the sentencing hearing, the Supreme Court ruled.
School Construction Dispute Settled for Nearly $1 Million in Court of Claims
A Michigan construction company has settled its breach of contract claims for nearly $1 million with the Ohio School Facilities Commission over work performed on the new elementary and high schools in Reynoldsburg.
Grandfathering Provision in ’70s Zoning Law Applies to Long-time Property Owners
The Ohio Supreme Court ruled today that an Ottawa Hills couple’s property purchased nearly 40 years ago as a lot on which a home could be built may now be sold as a buildable lot in spite of being slightly smaller than what the current village ordinances allow.
Stark County Sheriff Not Qualified to Hold the Office
The Supreme Court of Ohio today ordered the removal of the Stark County sheriff from office because he does not meet the legal qualifications to be sheriff.
Appeals Court Reverses Part of Murderer’s Conviction
A 21-year-old Cleveland man serving 18 years to life in prison for murder, had part of his conviction overturned this week by the Eighth District Court of Appeals.
Windshield Repair Case Does Not Meet Requirements for Class Action
A class-action lawsuit alleging that an insurance company did not disclose the option to replace damaged windshields to its policyholders does not meet the legal requirements for a class action, the Supreme Court of Ohio ruled today.
Paralyzed Woman Settles Medical Negligence Case with University of Cincinnati for $2.3 Million
Six years and one day after filing her initial claim in the Court of Claims of Ohio, a paralyzed Clinton County woman settled a medical negligence case with the University of Cincinnati for $2.3 million.
Some Records of Internet Sweepstakes Café Investigation Must Be Produced
Some information and records compiled by law enforcement and the county prosecutor’s office during an investigation into internet sweepstakes cafés are subject to discovery, the Eighth District Court of Appeals ruled on October 31.
Supreme Court to Determine Whether an Advocacy Group Has Standing to Challenge JobsOhio Act
The Supreme Court of Ohio will consider on Wednesday whether an advocacy group has legal standing to file a lawsuit contesting the constitutionality of the state legislation that created JobsOhio, the nonprofit corporation designed to promote economic development in the state.
Supreme Court Revises Restitution Order in Discipline Case
The Supreme Court of Ohio today finalized the restitution recipients and amounts owed by a former Columbus attorney who was disciplined in 2012.
Cincinnati Attorney Suspended for One Year After Mental Health Suspension Lifted
The Supreme Court of Ohio today suspended the law license of Cincinnati attorney Joy Lawrence for one year.
Teacher’s Testimony Recounting Child’s Allegations of Abuse Violates Confrontation Clause
The Supreme Court of Ohio ruled today that the Confrontation Clause of the U.S. Constitution bars the admission of statements made by a 3-year-old child to a preschool teacher identifying an alleged perpetrator of child abuse when there is no ongoing emergency and when the teacher acts with the primary purpose of gathering information related to past criminal conduct.
Columbus Attorney Suspended
The Supreme Court of Ohio today suspended Columbus attorney Sterling Everard Gill II from practicing law for two years, with the second year stayed on conditions, for multiple violations of attorney disciplinary rules.
Doctor in Medical Malpractice Case to Receive New Trial
The Supreme Court of Ohio ruled today that several errors made in the malpractice case of an Akron doctor deprived him of a fair trial.
Informational Picketing Does Not Fall Under Ten-Day Statutory Notice Requirement
The statute requiring employee-union picketers to give their employers ten days’ notice does not apply to picketing that is only informational in nature, the Supreme Court of Ohio ruled today.
Death Sentence Upheld in 2008 Akron Murder Case
The Ohio Supreme Court today upheld the death sentence imposed on Hersie R. Wesson for stabbing 81-year-old Emil Varhola to death in February 2008 during a course of conduct that involved the attempted murder of Emil’s 77-year-old wife, Mary, and the aggravated robbery of the elderly couple in their home.
Akron Judge’s Sanction Reversed Following Supreme Court Ruling
The Supreme Court of Ohio today overturned a judicial campaign conduct violation against an Akron judge.
Criminal Convictions Are Not Automatically Sealed After a Pardon by the Governor
When the governor pardons a person with a criminal conviction, that pardon doesn’t automatically entitle the person to have his or her conviction sealed, the Ohio Supreme Court ruled today.
Death Sentence Vacated, Returned to Trial Court for Second Time
The Supreme Court of Ohio today vacated the death sentence of a Trumbull County woman for the second time and returned the case to the trial court for a second resentencing.
Hamilton Man Appeals Death Sentence to Court for Third Time
The Ohio Supreme Court on Tuesday will hear the third appeal of a Hamilton man convicted and sentenced to die for the 1983 murder of his estranged girlfriend.
Independent Candidate for Akron City Council Must Be Added to November Ballot
In an expedited election case announced today, the Supreme Court of Ohio ordered the Summit County Board of Elections to include Darrita Davis on the November 5 ballot as an independent candidate for Akron City Council.
Doctor Acting Within the Scope of His or Her State Employment Is Immune from Liability
The Supreme Court of Ohio ruled today that a doctor who is a faculty member of a state medical school and also employed by the school’s nonprofit medical practice plan corporation is statutorily immune from personal liability for medical negligence if acting within the scope of his or her state employment while treating a patient, regardless of whether the doctor is teaching at the time.
Westlake Attorney Connected with Cuyahoga County Corruption Scandal Has Been Indefinitely Suspended
The Ohio Supreme Court today indefinitely suspended Westlake attorney Joseph P. O’Malley from the practice of law for concealing a felony (misprision), improperly influencing a judge, and making a materially false statement to agents conducting a federal investigation into corruption in Cuyahoga County.
Income Calculations for Child Support May Include Employer Benefits
Certain employer-paid benefits may be included as gross income for the purpose of calculating child support payments, the Ohio Supreme Court ruled today.
Trial Courts Have Authority to Expunge and Seal Record of a Dissolved Protection Order
The Supreme Court of Ohio ruled today that a trial court has the inherent authority to grant an application to expunge and seal a record of a dissolved civil protection order in an adult proceeding when unusual and exceptional circumstances exist and when the interests of the party seeking expungement outweigh the legitimate need of the government to maintain the records.
Hazard in City Park Does Not Affect City’s Recreational Use Immunity
The Supreme Court of Ohio ruled today that under state law a city is immune from liability for injuries resulting from a sledding accident on a pile of topsoil, which was being stored in a city park and contained debris.
Hamilton County Must Amend Ballot Language in November 5 Issue
In one of two expedited election cases announced today, the Supreme Court of Ohio ordered the Hamilton County Board of Elections to produce amended ballot language that includes omitted sections of a proposed charter amendment to reform the city employee pension program.
Three Cases Will Be Argued Before the Supreme Court at Off-Site Court Session in Crawford County
Two domestic violence cases and a case examining whether a minor has a right to participate in a parental visitation proceeding will be heard by the Ohio Supreme Court in Bucyrus on October 23.
Tenth District Court of Appeals: No Invasion of Privacy with Inmate Medical Records Release
Though part of their case will go back to the Ohio Court of Claims, a group of Mansfield Correctional Institution inmates who sued the state for invasion of privacy will still not be entitled to any money.
Man Facing Sixth Trial for Murder Argues Appeal on Constitutional Grounds Must Be Allowed
The State of Ohio will ask the Ohio Supreme Court Tuesday to overturn an appeals court decision so that an Austintown man charged with a 2002 murder cannot proceed with an appeal protesting the start of his sixth trial.
State Law Cannot Be Applied Retroactively to Keep Sex Offender from Living Near School
The 7th District Court of Appeals has sided with a lower court that state law cannot be applied retroactively to stop a convicted sex offender from living near a Belmont County school.
Attorney Not Admitted to the Practice of Law in Ohio Is Not Subject to Ohio Disciplinary Rules
A Sandusky attorney not admitted to the practice of law in Ohio but admitted to the practice of law in the District of Columbia and federal bankruptcy courts in this state is not subject to Ohio disciplinary rules, the Supreme Court of Ohio ruled today.
Convicted Arsonist’s Appeal Turned Down
The Fifth District Court of Appeals turned down a Canton woman’s appeal of her convictions and sentence for arson and domestic violence.
Canton Attorney Disbarred
The Supreme Court of Ohio has permanently revoked the law license of Canton attorney Agatha Martin Williams for multiple and repeated violations of state attorney discipline rules, including misappropriating more than $170,000 of client funds and causing significant harm to five clients — mostly as a result of her gambling addiction.
Law in Effect When a Claim is Filed Determines How to Calculate Pre-Judgment Interest
The current law governing the award of pre-judgment interest in civil suits applies to causes of action accruing before but filed on or after the 2004 effective date of the statute.
Nonsealable Conviction Prevents Sealing Of Connected Criminal Charge That Is Dismissed
The Supreme Court of Ohio held today that a trial court may not seal the record of a dismissed criminal charge if it arises “as a result of or in connection with the same act” that gave rise to a nonsealable conviction.
When Trial Court’s Improper Judicial Notice Is Only Evidence That Proves State’s Case, Double Jeopardy Bars a Retrial
The Supreme Court of Ohio ruled today that, when determining whether a retrial was prohibited by double jeopardy protections, an appellate court should not have considered a fact erroneously admitted through judicial notice during trial.
Appeals Court Sends Deadly Crash Case Back to Trial Court
An appeals court ruling will send the case of an Akron woman convicted for a 2010 deadly car crash back to Summit County Common Pleas Court.
Injured Worker Must File Application During Lifetime to Receive Certain Benefits
By filing for workers’ compensation benefits after his death, a quadriplegic worker’s estate did not establish a clear legal right to the full award it sought, the Supreme Court of Ohio ruled today.
Appeals Court Rules Fourth Amendment Rights Violation
A woman’s claim that her Fourth Amendment right against unreasonable searches and seizures was violated was validated by an Ohio appeals court.
Court of Claims Hears Wrongfully Imprisoned Cleveland Man’s Claim for Compensati
Attorneys argued this week in the Court of Claims of Ohio whether a wrongfully imprisoned man should be compensated for the full 5,773 days he was incarcerated or just a portion of it.
Collateral Recovery Reduces Award Family Will Receive in Wrongful Death Case to $1.8 Million
ODOT will pay more than $1.8 million to the family of an Ohio woman who died in a head-on collision caused by a large pothole. The Court of Claims of Ohio reduced the original $3.3 million award by the amount of of collateral benefits – including attorney fees and case expenses – already received by the family, as required by law.
Candidates Ordered On the Ballot in Summit, Richland Counties
In two separate expedited elections-related cases, the Ohio Supreme Court ruled today that two candidates for public office should be placed on their respective ballots for the November general election.
Supreme Court to Consider Different Interpretations of Corrupt Activity in Ohio’s RICO Law
Two Highland County men convicted of selling drugs will ask the Ohio Supreme Court next week to determine whether their drug sales of less than $500 each meet the definition of “corrupt activity” in Ohio’s Racketeer-Influenced and Corrupt Organizations (RICO) statute.
Defendant’s Constitutional Right to Confront Witnesses Was Violated When Out-of-Court Comments by an Alleged Accomplice Were Allowed
The Ohio Supreme Court ruled today that admitting an alleged accomplice’s statements through the testimony of an investigating officer violated a defendant’s right to confront the witnesses against him under the Sixth Amendment to the U.S. Constitution, and Article I, Section 10, of the Ohio Constitution.
Custodian of Public Records has Burden to Show Why Materials are Exempt from Disclosure Under Public Records Law
The Ohio Supreme Court ruled today that the Ohio State Highway Patrol must demonstrate that materials withheld from a public records request are in fact exempt from disclosure under the Ohio Public Records Act.
Appeal Denied in Father’s Day Murder Case
A Butler County man convicted of killing his stepfather on Father’s Day last year remains in prison after an attempt to have the conviction thrown out was denied by the Twelfth District Court of Appeals.
Three Attorneys Suspended From Practicing Law
In three disciplinary cases, the Ohio Supreme Court today suspended three attorneys for violating rules of professional conduct.
Man Who Attacked and Injured Sheriff’s Deputy Loses Appeal
The Seventh District Court of Appeals has ruled that a lower court did not abuse its discretion when it denied a man’s pre-sentence motion to withdraw a guilty plea.
Marked Lanes Violation Overturned for Lack of ‘Reasonable’ Suspicion
An Ohio State Highway Patrol trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation, the Third District Court of Appeals ruled on Monday.
Supreme Court to Hear Death Penalty Appeal Questioning Competency Determination in Trial for 2007 Toledo Murders
The Ohio Supreme Court next week will hear the appeal of a man convicted and sentenced to die for a 2007 double murder.
Woman Hit By Hockey Puck Loses Court of Claims Case
A woman struck on the head by a hockey puck during a pre-game warm up at Miami University lost her liability claim this week.
Man Convicted in Crash Deaths Fails to File Timely Appeal, 11th District Rules
A man who is serving a 16-year prison term for the aggravated vehicular homicide deaths of three people in Trumbull County did not file his appeal within the time allowed by law, according to a ruling by the Eleventh District Court of Appeals.
Pay That Worker Deferred to Flexible Spending Account Does Not Count As ‘Wages’ in Determining Unemployment Eligibility
The Ohio Supreme Court ruled today that earnings deposited into a flexible-spending account for reimbursement of medical costs under an employer’s “cafeteria” plan do not qualify as remuneration to determine an employee’s unemployment-compensation eligibility.
Supreme Court Accepts Five Cases for Review
The Ohio Supreme Court announced today that it will hear appeals in five cases, including one centered on whether Ohio citizens have “standing” to challenge the expansion of gambling in the state.
Tax Commissioner’s Wrong Filing Instructions Creates Ambiguity for Taxpayer to Treat Assessment as Preliminary or Final
The Ohio Supreme Court ruled today that a company can choose how it will appeal a final personal property tax assessment by the State Tax Commissioner to the State Board of Tax Appeals (BTA) when the commissioner issues a final assessment but mistakenly encloses instructions about how to appeal a preliminary assessment.
Party’s Statement Non-Privileged in Suit Filed, Raised In Different Case
The Ohio Supreme Court held today that a statement made by a patient to emergency room personnel relating to the cause of an accident is not protected by the physician-patient privilege in a separate lawsuit if the patient files a claim for indemnity or contribution and it relates causally or historically to injuries relevant in that action.
Court Clarifies Law on Criminal Restitution Awards
The Ohio Supreme Court today clarified the authority of a trial court to order restitution in a criminal case. While the trial court has discretion to order restitution, the legislature has specified that the amount awarded cannot be greater than the economic loss suffered as a “direct and proximate result” of the commission of the offense.
Trial Court Did Not Err by Considering Merit Issues in Ruling That ‘Phone Cramming’ Lawsuit Cannot Be Pursued as Class Action
The Ohio Supreme Court ruled today that even though a trial court improperly considered the merits of a class-action claim about unauthorized charges on telephone bills, the court’s denial to certify the class was correct because the plaintiffs’ complaint did not comply with the certification requirements set out in Ohio Civil Rule 23.
Construction Company Not Liable for Employee’s Death, 10th District Affirms
The Tenth District Court of Appeals this week affirmed a Franklin County Common Pleas Court ruling that a construction company was not liable for the death of an employee.
Parma Firefighter to Receive Back Pay, Benefits
A fired Parma firefighter will receive back pay and benefits for the 21 months that lapsed between an arbitrator’s decision and his reinstatement after a ruling Wednesday by the Eighth District Court of Appeals.
Stop Sign Violation Overturned for Lack of Evidence at Trial
The Fourth District Court of Appeals reversed a Marietta man’s conviction for a stop sign violation after citing a lack of evidence presented during a bench trial about the existence of a stop line at a Marietta intersection.
Results of Urine Test Should Be Suppressed for OVI Conviction
The Fourth District Court of Appeals has ruled that a woman’s urine test should have been suppressed during her OVI trial due to an Ohio state trooper’s failure to follow protocol.
Convicted Armed Robber Should Get a New Trial
The Ninth District Court of Appeals ruled that a Summit County man convicted of armed robbery should get a new trial because his conviction was against the manifest weight of evidence presented at his trial.
OSU Medical Center Settles Lawsuit for $5.25 Million in Case of Brain-Dead Infant
The Ohio State University Medical Center will pay a Hilliard couple more than $5 million to settle a medical negligence claim following the delivery of their brain-dead son in 2006. The Court of Claims of Ohio approved the settlement today.
Does State ‘RICO’ Statute Allowing for Fine Apply to Attempted Conviction Too?
A trial court will need to determine if a fine permitted by the state statute governing a conviction for engaging in a pattern of corrupt activity also applies to an attempted conviction, after a ruling Monday by the 11th District Court of Appeals.
Driver Being Ticketed Not Liable for Injuries to Police Officer Struck by Vehicle While Writing Citation
The Eighth District Court of Appeals has affirmed a trial court ruling that a police officer whose car was struck by another vehicle while he was stopped on a roadside writing a citation cannot recover civil damages from the driver he was ticketing as the “proximate cause” of the officer’s injuries.
Failure to Pay Court Courts Does Not Make Expungement Automatically Ineligible
An offender’s failure to pay court costs does not prevent the “final discharge” of a case and does not automatically render a conviction ineligible for expungement, according to a First District Court of Appeals ruling.
Man’s Family Receives $500,000 Settlement from University Hospital in Cincinnati
Family members of a Hamilton County man who died one day after being discharged from University Hospital in Cincinnati will receive a $500,000 settlement.
Appeals Court Upholds ‘Adam Walsh Act’ Provision Extending Juvenile Sex Offender’s Registration Requirement Beyond Defendant’s 21st Birthday
The First District Court of Appeals has upheld as constitutional a provision of Ohio’s Adam Walsh Act (AWA) that requires juvenile courts to sentence certain juvenile sex offenders to registration requirements that extend beyond the defendant’s 21st birthday.
Supreme Court Upholds Police Officer’s Conviction For Witness Intimidation, Reinstates Conviction for Abduction
The Supreme Court of Ohio ruled today that police officers are not exempt from prosecution under the state’s witness intimidation law when the state presents evidence that an officer knowingly filed a false criminal complaint in order to influence or intimidate a witness.
Cincinnati Attorney Indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of Cincinnati attorney Thomas J. Leksan for more than 20 violations of state attorney discipline rules arising from his mismanagement of his law office trust account and misappropriation of client funds on deposit in that account between 2009 and 2011.
Cleveland Man Wins Sentencing Appeal
The Eighth District Court of Appeals ruled that a Cleveland man who pleaded guilty to a drug offense so he could participate in drug court diversion program should have been allowed to change his plea after a drug court judge later deemed him unqualified for the program.
Three-Judge Panel May Determine Whether Intra-District Conflict Exists, En Banc Review Required
The Supreme Court of Ohio ruled today that when a litigant moves for en banc review of a district court's decision, the three-judge panel that originally decided the case may determine whether an intradistrict conflict − the necessary predicate for en banc review − is present.
Supreme Court: “RICO” Sentencing Statute Not Ambiguous, Mandatory Ten-Year Sentence Applies When Pattern of Corrupt Activity Includes Any First Degree Felony
The Supreme Court of Ohio ruled today that the sentencing statute penalizing certain violations of the state’s Racketeer-Influenced and Corrupt Organizations (RICO) statute is not ambiguous, and that provision requires the imposition of a mandatory 10-year prison sentence in cases where a defendant is found guilty of engaging in a pattern of corrupt activity that includes the commission of any first-degree felony.
Summary Judgment ‘Inappropriate’ for Negligence Claim
A negligence claim arising from a water main break and subsequent crash from ice on a roadway needs to go to trial instead of being resolved through summary judgment, according to a Twelfth District Court of Appeals ruling.
Supreme Court Asked to Decide If Company-Paid Employee Benefits Are Countable as ‘Income’ In Calculating Child Support Obligation
The Supreme Court of Ohio will hear oral argument next week in a case that asks whether a Medina County court acted contrary to law when it included the value of a divorced father’s company car and other employer-paid job benefits in calculating his “gross income” for child support purposes.
Steubenville Teacher, Football Coach Wins Defamation Appeal
The Seventh District Court of Appeals has ruled that a trial court erred by dismissing a defamation claim filed by a Steubenville teacher and football coach based on newspaper and television station accounts following a Diocese of Steubenville press release about alleged physical abuse of a student.
Cleveland Attorney Disbarred
The Supreme Court of Ohio has permanently revoked the law license of Cleveland attorney William L. Tomson Jr. for multiple violations of state attorney discipline rules in his dealings with two prison inmates from whom he collected more than $13,000 in fees for promised postconviction legal services that were never performed.
Workers’ Compensation Covers Injured Employee’s Mental Condition Only If Caused by Physical Injury
The Supreme Court of Ohio ruled today that a truck driver who was awarded state workers’ compensation benefits for physical injuries he suffered in a work-related traffic accident is not eligible to receive workers’ compensation benefits for post-traumatic stress disorder (PTSD) related to that accident because his PTSD was not caused by his compensable physical injuries.
Supreme Court to Hear Death Penalty Appeal in 2005 Cleveland Murder
In State v. Maxwell, one of eight cases scheduled for argument before the Supreme Court of Ohio on June 4 and 5, the justices will consider the death penalty appeal of Charles Maxwell of Cleveland for the 2005 shooting death of his former domestic partner, Nichole McCorkle.
A Defendant’s Guilty Plea That Is Vacated on Appeal Continues to Bar Eligibility for Wrongful Imprisonment Damages
In a 7-0 decision announced today, the Supreme Court of Ohio ruled that a person who is convicted of a felony based on a guilty plea that is later vacated on appeal is not eligible to be declared a “wrongfully imprisoned individual” in order to pursue damages against the state in the Ohio Court of Claims.
Supreme Court: Statements Obtained From ODNR Employees Under Threat of Job Loss Properly Suppressed in Criminal Proceedings
The Supreme Court of Ohio ruled today that, consistent with the U.S. Supreme Court’s holding in Garrity v. New Jersey, statements obtained from employees of the Ohio Department of Natural Resources (ODNR) during an Ohio Inspector General's investigation under threat of losing their jobs were inadmissible as evidence against those employees in subsequent criminal proceedings.
Supreme Court: Foreclosure Action May Not Be Dismissed Under Civil Rule After Court Enters Judgment Granting Foreclosure, Order of Sale
The Supreme Court of Ohio ruled today that, after a court has entered judgment granting a decree of foreclosure and ordering the sale of the foreclosed property, the foreclosure action cannot be dismissed under Ohio Civil Rule 41, a procedural rule that allows the plaintiff in a civil lawsuit to voluntarily dismiss a complaint that is still pending.
Court of Claims Awards Family Nearly $4 Million
The Ohio Department of Transportation will pay a New Concord family nearly $4 million after the Court of Claims of Ohio on Tuesday finalized a damages judgment in the family’s favor.
Ohio Supreme Court: Insurance Policy Language Does Not Preclude Uninsured Motorist Coverage For Damage Caused by Government Driver
The Supreme Court of Ohio ruled today that when the uninsured motorist/underinsured motorist (UM/UIM) coverage in an Ohio auto insurance policy includes in the definition of an “uninsured vehicle” vehicles whose drivers are subject to governmental immunity, other policy language limiting coverage to damages an insured person “is legally entitled to recover” does not preclude UM/UIM claims for damages caused by another driver who had governmental immunity.
Massillon Attorney Indefinitely Suspended
The Supreme Court of Ohio today imposed an indefinite suspension against the law license of Massillon attorney Dale Alan Zimmer for multiple violations of state attorney discipline rules.
Columbus Attorney Disbarred
The Supreme Court of Ohio has permanently disbarred Columbus attorney Jeffrey Lee Terbeek for misappropriating to his own use funds he held in escrow for an individual who sold a business to Terbeek’s client.
Criminal Defendant’s Public Records Request for Information that is Subject to Discovery Triggers State’s Right to Demand Reciprocal Discovery
The Supreme Court of Ohio ruled today that when the defendant in a criminal case directly or indirectly makes a public records request for information that could have been obtained from the state through a discovery demand, the public records request is the equivalent of a demand for discovery, and it triggers the defendant’s duty under Ohio Criminal Rule 16 to provide reciprocal discovery to the state.
Residential Mortgage Servicing Company is Not “Supplier” Subject to Ohio Consumer Sales Practices Act
The Supreme Court of Ohio ruled today that the servicing of a borrower’s residential mortgage is not a “consumer transaction,” and a business entity that services residential mortgages is not a “supplier” as those terms are defined in the Ohio Consumer Sales Practices Act (CSPA).
Supreme Court to Reconsider Woman's Death Sentence
In State v. Roberts, the first of four cases set for argument before the Supreme Court of Ohio on May 7, a Trumbull County woman whose death sentence for the aggravated murder of her ex-husband was remanded to the trial court for resentencing now challenges the reimposition of the death penalty.
Akron Attorney Suspended
The Supreme Court of Ohio has suspended the law license of Akron attorney William J. Detweiler for one year for repeatedly soliciting a client for sexual favors, and continuing to represent that client in an ongoing case despite the substantial risk that his own personal interests conflicted with those of the client.
Supreme Court Clarifies Requirements for New DNA Testing of Biological Material In Criminal Cases
The Supreme Court of Ohio ruled today that a trial court may not reject an application for new DNA testing of biological material based on a previous denial of postconviction DNA testing without first considering the statutory definition of a “definitive DNA test” and applying the amended criteria for postconviction DNA testing adopted by the General Assembly in 2010.
Dayton Attorney Indefinitely Suspended
The Supreme Court of Ohio today indefinitely suspended the law license of Dayton attorney Marc N. Greenberg for engaging in sexually explicit online conversations with undercover police agents whom he believed to be 12 and 13-year-old girls, and using his computer webcam to transmit obscene video and still photos to those persons.
Felonious Assault by Causing ‘Serious Physical Harm’ Is a Lesser Included Offense of Attempted Murder
The Supreme Court of Ohio ruled today that the criminal offense of felonious assault based on the infliction of “serious physical harm” to another is a lesser included offense of attempted murder.
State Must Prove Protection Order Was Served on Respondent Prior to Alleged Violation
The Supreme Court of Ohio ruled today that to sustain a conviction for violation of a civil protection order, the state must establish that it served the defendant with the order before the alleged violation.
Appeals Court Rules Police Violated Man’s Fourth Amendment Rights
Evidence of drug possession against a Dayton man should have been suppressed by the trial court because it was obtained in a traffic stop not for a crime but for unpaid parking tickets, the Second District Court of Appeals has ruled.
Rents Charged To Vendors Are Trade Secrets, Exempt From Disclosure Under Public Records Act
The rents charged by a nonprofit corporation that manages Cincinnati’s city-owned Findlay Market to vendors who sublease space at the market are trade secrets and therefore exempt from disclosure under the Ohio Public Records Act, according to a decision announced today by the Supreme Court of Ohio.
Euclid Attorney Suspended Indefinitely
The Supreme Court of Ohio has indefinitely suspended the law license of Euclid attorney Mark R. Pryatel for misuse of client funds and other professional misconduct involving two client matters.
Evidence of Doctor’s Sympathetic Statement to Patient Barred by ‘Apology Statute’ in Any Malpractice Suit Filed After 2004
The Supreme Court of Ohio ruled today that a health care provider’s sympathetic statements to a patient regarding an unanticipated outcome of medical care may not be admitted as evidence of liability in any medical malpractice lawsuit initiated after the September 13, 2004 effective date of legislation barring such evidence.
Appeals Court Reverses Sex Offender’s Conviction, Can’t Be Reclassified under the Adam Welsh Act
The Eighth District Court of Appeals ruled April 18 that a sex offender from California who moved to Ohio cannot be reclassified as a Tier III offender under the Adam Walsh Act.
Supreme Court to Hear Arguments in Seven Cases April 23-24
A Warren County man seeking to seal the record of a domestic violence protection order that was entered against him in 2009 but dismissed a few weeks later will ask the Ohio Supreme Court next week to overrule lower court decisions that refused to seal his record on the basis that the legislature has not enacted a law that specifically allows trial courts to expunge civil, rather than criminal, sanctions.
Toledo Attorney’s License Suspended
The Supreme Court of Ohio today suspended the law license of Toledo attorney Anthony J. DeGidio for two years, with the second year of that term stayed on conditions, for commingling personal and client funds in his law office trust account, using that account to pay personal expenses, and failing to cooperate in the ensuing disciplinary investigation.
Northfield Attorney Disbarred
In a 7-0 decision announced today, the Supreme Court of Ohio permanently disbarred attorney Peter F. Fletcher of Northfield for continuing to practice law while his license was under suspension.
Supreme Court: ‘At Cost’ Provision of Public Records Act Does Not Trump $5 BMV Fee
The Supreme Court of Ohio ruled 6-0 today that general language in the Ohio Public Records Act requiring government agencies to provide copies of records ‘at cost’ does not bar the Ohio Bureau of Motor Vehicles (BMV) from enforcing an administrative rule that requires an employer or insurer to pay a $5 fee for a copy of the record of a commercial driver license holder.
Akron Attorney Indefinitely Suspended
The law license of Akron attorney Jeffrey A. Carr has been suspended indefinitely for multiple violations of the Rules of Professional Conduct arising from his representation of a couple who were the subjects of a federal tax lawsuit.
Dayton Attorney Indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of Dayton attorney Kevin M. Hunt for multiple violations of the Rules of Professional Conduct while representing a married couple and their daughter who were injured in a traffic accident.
Interlocutory Appeal Must Precede Post-Acquittal Appeal in Juvenile Cases
The Supreme Court of Ohio ruled today that in juvenile cases, if the state fails to exercise its right to pursue an interlocutory appeal (an appeal prior to entry of final judgment) of an adverse ruling by the trial court, and the defendant is subsequently acquitted, the state has no right to pursue a post-acquittal appeal of that ruling under R.C. 2945.67.
Columbus Attorney Indefinitely Suspended
The Ohio Supreme Court today imposed an indefinite suspension against the law license of Columbus attorney Charles McGowan for professional misconduct arising from his felony convictions for conspiracy to commit money laundering and willful failure to report the receipt of more than $10,000 in the course of his law practice.
Appeals Court: Burglary and Kidnapping Convictions Should Be Merged, Resentenced
An Ohio man convicted of aggravated burglary and kidnapping won his appeal that his crimes should be merged for sentencing.
Appeals Court Vacates Man’s Sentence After Plea Deal Violation
The Sixth District Court of Appeals vacated a Wakeman man’s convictions and sentence after finding the state violated a plea agreement by re-filing charges it agreed to dismiss.
Probate Court to Determine How Much of $3.3 Million Award Family Will Receive in Wrongful Death Case
A probate court will determine how much of a $3.3 million judgment will be paid by the Ohio Department of Transportation to the surviving family members of an Ohio woman who died in a head-on collision caused by a large pothole.
Supreme Court To Consider Whether Doctors Employed by University Hospitals Are Immune From Malpractice Liability As State Employees Regardless of Educational Context
Among the cases scheduled for argument before the Supreme Court of Ohio on April 9-10, the justices will review a medical malpractice lawsuit in which a physician who is employed both as an assistant professor at the Ohio State University Medical Center and as an employee of a separate medical practice asserts that he is entitled to immunity from civil liability as a “state employee” for injuries suffered by a private patient during a surgical procedure the doctor performed at the medical center that was not observed by a medical student or otherwise part of an educational activity.
Court of Claims Approves $210,700 Settlement in 14 Year-Old Case
Medical College Hospitals (MCH), now known as University of Toledo Health Sciences Campus, will have to pay Dawn Rosenshine $210,743 for negligence in a medical malpractice and wrongful death case.
Imposition of Less Severe Discovery Rule Sanctions Apply to State Violations
A requirement for trial courts to impose the least severe sanction for discovery rule violations applies to all violations, including those committed by the state, the Ohio Supreme Court ruled 6-1 today in State v. Darmond.
Supreme Court Suspends Painesville Attorney
The Ohio Supreme Court today suspended a Painesville attorney for two years for 38 violations of attorney professional conduct rules – including mishandling client funds – that harmed eight clients.
Supreme Court Suspends Cleveland Heights Attorney
A Cleveland Heights bankruptcy attorney will not be able to practice law for six months after a unanimous disciplinary ruling today by the Ohio Supreme Court.
Prisoner Who Fell from Top Bunk Wins Appeal, Court Reexamines Discretionary Immunity Precedent
The Tenth District Court of Appeals has ruled that the Court of Claims should not have granted summary judgment to the Ohio Department of Rehabilitation and Correction in a case involving a prisoner suing for damages he claims he sustained when he fell from his bed.
Michigan Attorney Suspended From Practice in Ohio
The Ohio law license of attorney John C. Stewart of Lambertville Michigan has been suspended for two years, with the second year of that term stayed on conditions, for neglect of legal matters entrusted to him by multiple clients, failure to keep those clients reasonably informed about the status of their cases or to refund the unearned portion of their fee advances, and failure to cooperate with disciplinary authorities during the investigation of his misconduct.
Court Upholds Appellate Ruling That Worker’s Firing For Conduct That Caused On-the Job Injury Does Not Constitute ‘Voluntary Abandonment of Employment’
The Supreme Court of Ohio today affirmed a court of appeals decision that ordered the Ohio Industrial Commission to reinstate an award of temporary total disability (TTD) benefits to a truck driver based on a finding that the driver’s firing by his employer for an excessive number of traffic accidents did not constitute a “voluntary abandonment of employment.”
Supreme Court To Review Case of Police Detective Convicted of Abduction, Witness Intimidation For Abuse of Arrest Powers
The Supreme Court of Ohio will hear oral arguments in eight cases on March 12 and 13, including the case of a former Cincinnati police detective who was convicted of witness intimidation and abduction based on his false arrest and detention of a juvenile robbery suspect whom the officer knew had no involvement in the crimes for which he was arrested.
Court Permanently Denies Applicant Permission to Take Ohio Bar Examination
The Supreme Court of Ohio today permanently barred Jay Michael Wiseman of Bowling Green from admission to the practice of law in Ohio.
Supreme Court Rules County Engineer’s Response Met Requirements of Public Records Act
The Supreme Court of Ohio today denied a writ of mandamus sought by Portsmouth real estate appraiser Robert Gambill to compel the production of certain public records by Scioto County Engineer Craig Opperman.
Cleveland Attorney Disbarred
The Supreme Court of Ohio has permanently revoked the law license of Cleveland attorney Kenneth Jeff Freeman for neglect of entrusted legal matters and other violations of state professional conduct rules in his dealings with two clients, overdrawing a trust account in which he was supposed to be holding funds that belonged to his clients, and repeatedly failing to respond to requests for information or otherwise cooperate with disciplinary authorities investigating his misconduct.
Eaton Attorney Suspended
The Supreme Court of Ohio today indefinitely suspended the law license of attorney Andrew F. Siehl of Eaton for failing to cooperate with a 2010 Dayton Bar Association investigation of alleged violations of state attorney discipline rules.
Court of Claims Approves UT Medical Center Patient’s Settlement
The failure to diagnose and treat a Toledo man’s bleeding on the brain that led to a stroke will cost the University of Toledo Medical Center nearly $500,000.
Appeals Court Finds Court Cannot Issue Lifelong Ban to Man from State of Ohio
The Ninth District Court of Appeals has ruled that the Medina County Court of Common Pleas cannot issue a lifelong ban to a Florida man from entering the state of Ohio.
Appeals Court Reverses Trial Court Over Suppression of Evidence
A trial court erred in suppressing drug evidence found at a Kettering home because an affidavit filed with a search warrant provided enough basis for the judge to grant the search, the Second District Court of Appeals ruled on February 22.
Trial Court Should Have Considered Breathalyzer Results, Appeals Court Rules
A trial court erred by excluding from evidence breathalyzer results when it deemed the Intoxilyzer 8000 unreliable, the Fourth District Court of Appeals ruled on February 7.
Appeals Court Finds Child Enticement Statute Unconstitutional
The Ninth District Court of Appeals has found a state law prohibiting criminal child enticement unconstitutionally overbroad because it “prohibits a broad range of speech and conduct far beyond its intention to protect children from abductors.”
Supreme Court To Hear Appeal of Public School Teacher Fired for Religious Displays and Teaching
The Supreme Court of Ohio will hear oral arguments in nine cases on February 26 and 27, including the appeal of a Mt. Vernon middle school teacher who was fired for refusing to stop presenting extracurricular materials to his students that advocated the religious doctrine of creationism and challenged the reliability of the district’s approved science curriculum.
Appeals Court Reverses Trial Court Over Intoxilyzer 8000 Results
The Twelfth District Court of Appeals has found that breath alcohol content results from a West Chester traffic stop should not have been suppressed by the trial court because the proper procedures in administering the test were followed.
Cleveland Attorney Suspended
The Supreme Court of Ohio today indefinitely suspended the law license of Cleveland attorney Gary Ray Axner for neglect of five separate legal matters, failure to reasonably communicate with some of those clients, employment of a suspended attorney without notifying the proper authorities of that relationship, and initially failing to cooperate with the investigation of his misconduct.
Columbus Attorney Suspended
The Supreme Court of Ohio today indefinitely suspended the law license of Columbus attorney April M. Bogdanski for violations of professional conduct rules in her dealing with three clients, and for failing to cooperate with the investigation of her misconduct, including failing to appear for a scheduled hearing before a state disciplinary panel.
Court of Claims approves OSU Medical Center Patient’s Settlement
The Ohio State University Wexner Medical Center will pay a Columbus woman more than half a million dollars ($550,000) to settle a claim over an emergency tracheostomy.
Supreme Court To Decide If Applying 2004 “Apology Statute” to Statements Made By Doctor in 2001 is Unconstitutional Retroactive Application of Law
The Supreme Court of Ohio will hear oral arguments in nine cases on February 5 and 6, including a medical malpractice suit in which the court is asked to decide whether it was constitutional to apply an immunity statute enacted by the legislature in 2004 to bar trial testimony about statements made by a physician in 2001 in which he told a patient that he “took full responsibility” for injuries she suffered while undergoing gall bladder surgery.
State Oil & Gas Commission Lacks Jurisdiction to Hear Appeals of Drilling Permits Issued by Division of Oil and Gas Resources Management
The Supreme Court of Ohio ruled today that the state’s Oil & Gas Commission acted without jurisdiction when it heard and decided a 2012 appeal of a drilling permit that had been issued by the chief of the Ohio Division of Oil and Gas Resources Management.
Appeals Court Reverses Trial Court Over Deficient Search-Warrant Affidavit
The Second District Court of Appeals has found that probable cause did not exist to execute a 2010 search warrant on a suspected Springfield drug house. Accordingly, the appeals court ruled that the trial court erred in denying a suspect’s motion to suppress the evidence found during the search.
Partial Payment for Wrongfully Imprisoned Cleveland Man Sent to Controlling Board
A partial judgment of nearly $380,000 to a Cleveland man wrongfully imprisoned for 16 years will be on the January 28 State Controlling Board agenda.
Former ODNR Employee Receives Damages in Age Discrimination Case
Previously finding that the Ohio Department of Natural Resources discriminated against a former employee because of his age, the Court of Claims of Ohio on January 15 awarded Richard W. Warden more than $500,000 in damages.
Appeals Court Rules Lawsuit Settlement Received From a Different Defendant is Not a ‘Benefit’ That Must Be Subtracted from Malpractice Victim’s Award from State University
The Tenth District Court of Appeals has ruled that a settlement a plaintiff received from a non-state defendant in a medical malpractice case was not a “benefit” that must be offset (deducted) from the amount of damages the plaintiff may recover from the state based on the liability of a state university employee for the plaintiff’s injuries.
Appeals Court Upholds Health Department Finding of Smoking Ban Violations, $2,500 Fine
The Tenth District Court of Appeals has upheld smoking ban violations against a Dayton bar in a ruling that clarifies the application of the law.
ODRC Settles Former Inmate’s Medical Negligence Claim
The Ohio Department of Rehabilitation and Correction settled a former Belmont Correctional Institution inmate’s medical negligence claim for $350,000 on December 28 in the Court of Claims of Ohio.
Cincinnati Attorney Disbarred
The Supreme Court of Ohio has permanently revoked the law license of Cincinnati attorney Robert Leon Schwartz for misconduct that resulted in his convictions on felony counts of mail fraud and filing a false income tax return.
Supreme Court Rules Use of Commercial Activity Tax Revenues From Sale of Motor Vehicle Fuel For Non-Highway Purposes Is Unconstitutional
The Supreme Court of Ohio ruled today that the state tax law imposing a Commercial Activity Tax (CAT) on the gross receipts of most Ohio businesses, and allocating the revenues generated by that tax to the state’s General Fund, is unconstitutional as applied to CAT taxes that are collected on gross receipts from the sale of motor vehicle fuel.
Supreme Court Announces Decisions in Nine Cases
The Ohio Supreme Court this morning announced decisions in nine cases, including one case about the constitutionality of allocating certain Commercial Activity Tax revenues and one attorney discipline case.
Supreme Court Announces Decisions in 17 Cases
The Ohio Supreme Court this afternoon announced decisions in 17 cases, including four cases that clarify the application of Ohio’s sex offender registration statutes and three attorney discipline cases.
Supreme Court Announces Decisions in 18 Cases
The Ohio Supreme Court this morning announced decisions in 18 cases, including a $42 million utility rebate case, the affirmation of a capital murder conviction, and three attorney discipline cases.
Supreme Court Affirms Death Sentence In 2007 Akron Rape, Murder
The Supreme Court of Ohio today upheld the aggravated murder conviction and death sentence of Phillip L. Jones of Akron for the 2007 rape and strangulation killing of Susan Yates in a Summit County cemetery.
Supreme Court Announces Decisions in 15 Cases
The Ohio Supreme Court today announced decisions in 15 cases, including a contempt hearing over compensating landowners near Grand Lake St. Mary’s and six attorney discipline cases.
Drug Trafficking Indictment Is Valid Without Naming Specific Drug If It Identifies Statutory Schedule In Which Drug Appears
The Supreme Court of Ohio held today that for the purpose of identifying the drug involved in a drug trafficking offense under Ohio law, an indictment is sufficient to inform the defendant of the crime with which he is charged if the indictment names the statutory schedule in which the drug appears.
ODNR Must Demonstrate Why It Shouldn’t Be Held in Contempt of Court
A year after ordering a state agency to compensate landowners for “taking” their property, the Ohio Supreme Court on Tuesday will ask attorneys for the Ohio Department of Natural Resources (ODNR) why it hasn’t complied.
Columbus Attorney Suspended
The Supreme Court of Ohio has suspended the law license of Columbus attorney Regina Hilburn for 18 months, with the final 12 months of that term stayed on conditions, for neglecting legal matters entrusted to her by clients in four different cases, failing to promptly respond to requests for information from those clients or to notify them about the status of their cases, and failing to cooperate with disciplinary authorities investigating her misconduct.
Cincinnati Attorney Suspended
The Supreme Court of Ohio has suspended the law license of Cincinnati attorney Rebecca C. Meyer for 18 months, with the final six months of that term conditionally stayed, for continuing to practice law while her license was under an administrative suspension and violating two other state attorney discipline rules.
Warren Attorney Suspended
The Supreme Court of Ohio has suspended the law license of Warren attorney John H. Large for two years, with the final six months of that term stayed on conditions, for professional misconduct in his dealings with three different clients and for making misrepresentations of fact in seeking reinstatement from a prior disciplinary suspension.
Columbus Attorney Disbarred
In a 7-0 per curiam decision announced today, the Supreme Court of Ohio permanently disbarred Columbus attorney SaKeya M. Stubbs for multiple acts of professional misconduct including continuing to practice law while her license was under administrative suspensions, filing a falsified and falsely notarized affidavit in a court proceeding, and accepting fee advances from several clients but failing to perform promised legal services or to refund the clients’ unearned fees.
Trial Court’s Waiver of Mandatory Fine Without Affidavit of Indigency Requires Resentencing to Impose Waived Fine
The Supreme Court of Ohio held today that when a trial court sentencing a criminal offender waives a mandatory fine based on the offender’s claim of indigency, but the offender does not file an affidavit of indigency before the court records his sentence in its journal, the part of the offender’s sentence waiving the mandatory fine is void and resentencing is required, with the resentencing limited to imposition of the mandatory fine.
Central Ohio Lawyer Suspended from Practice
The law license of Bexley attorney Gerald T. Noel has been indefinitely suspended for violating three state attorney discipline rules in his dealings with a client, and committing a further violation by failing to cooperate with disciplinary authorities investigating his misconduct.
Columbus Lawyer Suspended for Disclosing Information Obtained from Prospective Client
The law license of Columbus attorney Christopher T. Cicero has been suspended for one year for improperly disclosing to former Ohio State University football coach Jim Tressel information that Cicero obtained during consultations with a prospective client.
Owners of All-Electric Homes Must Pursue Fraud Claim Against FirstEnergy Corp. Before Public Utilities Commission
The Supreme Court of Ohio ruled today that a group of residential electric customers in northeast Ohio who claim that FirstEnergy Corp. defrauded them by terminating alleged “lifetime” rate discounts the company had previously offered for all-electric homes must pursue their claims through a complaint to the Public Utilities Commission of Ohio (PUCO).
Cleveland Lawyer Suspended from Practice
The law license of Cleveland attorney Oscar Trivers has been suspended for two years, with the second year stayed on conditions, for multiple violations of state attorney discipline rules.
Supreme Court Upholds 2011 Legislative Redistricting Plan as Constitutional
The Supreme Court of Ohio today upheld as constitutional the state apportionment board’s 2011 redrawing of legislative districts for the Ohio General Assembly.
Award of Attorney Fees and Costs to Successful Workers’ Compensation Appellant Not Dependent on How Many of Claimed Conditions Approved/Denied
In a 5-2 decision announced today, the Supreme Court of Ohio ruled that when a trial court reviewing an award of workers’ compensation benefits affirms the eligibility of a claimant for benefits on at least one of multiple claimed medical conditions, the claimant is legally entitled to recover attorney fees and costs of the appeal process regardless of which or how many of the claimed conditions were approved.
County May Use Motor Vehicle/Gas Tax Funds to Pay Portion of Self-Insurance Pool Premium That Covers Operations of County Engineer’s Highway Department
The Supreme Court of Ohio ruled today that a county may use motor vehicle and gas tax (MVGT) revenues it receives from the state to pay the portion of the county’s self-insurance premium that covers the risk of liability and loss resulting from the operations of the county engineer’s highway department.
Court of Claims approves nearly $600,000 OSU Medical Center wrongful death settlement
The Ohio State University Medical Center will pay the estate of a Columbus man $587,500 to settle a claim over an infection that led to his death.
Cleveland Attorney Suspended
The law license of Cleveland attorney James W. Westfall, Jr. has been suspended for two years for multiple violations of the Rules of Professional Conduct.
Legal Bills Not Entirely Exempt from Public Records Law
The Supreme Court ruled today that some information in billing records from private lawyers who did legal work for the City of Vermillion is not exempt from disclosure by attorney-client privilege, and therefore is subject to disclosure under the state public records act.
Former Attorney General Dann’s Law License Suspended
The law license of former Ohio Attorney General Marc E. Dann has been suspended for six months for engaging in conduct that resulted in his conviction on misdemeanor criminal counts of soliciting improper compensation and filing false financial disclosure statements during his tenure as attorney general.
Court Rules Supervisor’s Advice That Electrical Worker Not Wear Protective Gloves Was Not ‘Deliberate Removal of Equipment Safety Guard’ Under Intentional Tort Statute
The Supreme Court of Ohio ruled today that a state law that allows an injured worker to sue his or her employer if the employer “deliberately removed an equipment safety guard” does not apply to a case in which an electric utility worker was injured after his supervisor allegedly told him it was unnecessary to wear protective rubber gloves or sleeves to perform the work assignment that resulted in his injury.
Court Rules City Not Immune From Liability For Injury Suffered by Patron at Indoor Municipal Swimming Pool
In a 7-0 decision announced today, the Supreme Court of Ohio ruled that the state law granting general immunity from civil lawsuits to political subdivisions does not bar a civil action against a city that is based on injuries that occurred in or on the grounds of an indoor municipal swimming pool.
Skier Injured in Collision May Recover from Other Skier Only If Other Skier’s Actions Were Reckless or Intentional
The Supreme Court of Ohio ruled today that persons who engage in the sport of skiing assume the ordinary risks of that activity, which include collisions with other skiers, and cannot recover from another skier for injuries suffered in a collision absent a showing that the other skier’s actions were reckless or intentional.
Cleveland Lawyer Disbarred
The Supreme Court of Ohio has permanently revoked the law license of Cleveland attorney Kevin T. Toohig for multiple violations of state attorney discipline rules, including conduct that resulted in his conviction in federal court on a felony count of tax evasion.
Supreme Court Rules City Must Pay for Moving Overhead Electric Lines in Public Right of Way Underground
The Supreme Court of Ohio ruled today that an electric rate tariff approved by the Public Utilities Commission of Ohio (PUCO) constitutes a “general law of the state” that takes precedence over a conflicting local ordinance. Based on that analysis, the court held that the city of Reynoldsburg must pay the costs incurred by the Columbus Southern Power Company (CSP) to comply with a city order requiring the utility to relocate its overhead electric lines in downtown Reynoldsburg to an underground utility duct.
Court of Claims approves $300,000 ODOT motorcycle wreck settlement
ODOT will pay a Delaware man $300,000 to settle a claim over a motorcycle crash caused by a pothole on an Ottawa County onramp that was in the process of being repaved. The Court of Claims of Ohio approved the settlement agreement on November 8.
City of Cincinnati Can Reduce Retirees’ Health Benefits, Appeals Court Rules
Retired employees of the city of Cincinnati who had their health benefits reduced are not entitled to have them reinstated by court order, the First District Court of Appeals ruled this week.
Trumbull County Attorney Indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of Leavittsburg attorney Gary Lee Braun for failing to promptly prepare and file a divorce action on behalf of a client after accepting a fee advance to do so, failing to appear on behalf of the same client in a criminal case after agreeing to represent him, and failing to respond to repeated messages and requests for information from the client regarding the legal matters he had entrusted to Braun.
Court Rules Prisoner May Pursue Collateral Attack on Escape Conviction When Charge Was Based on Violation of Invalid Postrelease Control Sentence
The Supreme Court of Ohio ruled today that when an offender has been convicted of the crime of escape for violating the terms of a postrelease control sentence, the offender is not barred by the doctrine of res judicata from pursuing a collateral attack on his escape conviction based on a claim that the postrelease control sentence underlying that conviction was never properly imposed.
Columbus Attorney indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of Columbus attorney Stanlee E. Culbreath for multiple violations of the Rules of Professional Conduct.
Prior Domestic Violence Conviction May Be Proved By Means Other than Journal Entry, But When a Judgment Entry is State’s Proof, It Must Comply With Criminal Rule 32(C)
In a decision announced today, the Supreme Court of Ohio held that when the state seeks to elevate the level of a current domestic violence charge against a defendant based on that person’s prior conviction(s) for domestic violence: 1) Submitting a judgment entry of conviction from a court journal pursuant to R.C. 2945.75(B)(1) is not the exclusive means by which the state may validly prove a prior conviction.
Supreme Court Rules DNA Profile of Criminal Defendant May Be Retained For Future Use Despite Acquittal on Charge for Which Sample Was Obtained
The Supreme Court of Ohio ruled today that when the state has lawfully obtained a sample of a person’s DNA in the course of a criminal investigation, and has used that sample to establish a DNA profile of the subject, that person does not have standing to object to the state’s retention of the DNA profile, and the state is authorized to retain the profile and use it in a subsequent criminal investigation despite the subject ‘s acquittal on the charge that was the basis for obtaining the DNA sample.
Galloway Attorney indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of Galloway attorney Mark J. Squeo for giving false and misleading information to the driver of a car involved in a collision with a car in which Squeo was a passenger, and for continuing to practice law while his license was under administrative suspension for failing to complete required continuing legal education coursework and failing to comply with state attorney registration requirements.
Supreme Court Holds Foreclosure Action Void If Party Filing Suit Did So Before Becoming Actual Party in Interest
The Supreme Court of Ohio ruled today that a party’s standing to initiate a mortgage foreclosure lawsuit is determined on the date the complaint is filed in court, and a party that lacked standing at the time a suit was filed cannot remedy that defect by receiving assignment of a mortgage and promissory note after the filing of the foreclosure action but prior to the entry of judgment.
Kentucky Lawyer Suspended from Practice in Ohio
The Supreme Court of Ohio has suspended the Ohio law license of attorney Michael W. Davis of Fort Thomas, Kentucky, for one year, with the final six months of that term stayed, for violating three provisions of the Rules of Professional Conduct.
Supreme Court Upholds Statutory Process for Invoking Adult Portion of ‘Blended’ Sentence In Serious Youthful Offender Cases
The Supreme Court of Ohio today upheld as constitutional provisions of the state’s “Serious Youthful Offender” (SYO) statute that: 1) authorize a juvenile court to invoke (activate) the previously stayed adult portion of a blended SYO sentence based on factual findings made by a judge rather than by a jury; and 2) allow a juvenile judge to make the required findings to invoke the adult portion of an SYO sentence under a “clear and convincing evidence” standard of proof, rather than a “beyond a reasonable doubt” standard.
2nd District: Defendant Not Required to Disclose Incriminating Information In Investigator’s Report
In a decision that overturned the conviction of a Dayton man for felonious assault, the Second District Court of Appeals held that Ohio evidence rules barred a trial court from ordering the defendant to disclose to prosecutors incriminating information contained in a report prepared by the defendant’s investigator.
Supreme Court Holds That Indigent Parent Does Not Have Right to Appointed Counsel in Purge Hearing
The Supreme Court of Ohio ruled today that a hearing to determine whether someone has purged himself or herself of a previous court order of civil contempt is a civil rather than a criminal proceeding. Therefore, the court held, the Due Process Clauses of the U.S. and Ohio constitutions do not guarantee an indigent parent the right to appointed counsel at a civil-contempt purge hearing in a child support case.
Pardon by the Governor Doesn’t Entitle Defendant to Sealed Criminal Record
A Dublin man who received a pardon from then-Governor Ted Strickland in 2011, is not entitled to have his past criminal record sealed, the Tenth District Court of Appeals has ruled.
Massillon Judge Receives Stayed License Suspension
The Supreme Court of Ohio today suspended the law license of Massillon Municipal Court Judge Edward J. Elum for six months, with the full term of suspension stayed, for violations of the Code of Judicial Conduct and Rules of Professional Conduct in his handling of two cases.
Common Pleas Court Must Defer To Zoning Appeals Board’s Interpretation of Ambiguous Language in Zoning Ordinance
A common pleas court ruling that authorized the construction of a helipad at Cleveland’s Fairview Hospital has been reversed by the Eighth District Court of Appeals, based on the appellate court’s holding that a judge reviewing ambiguous language in a zoning ordinance must defer to the judgment of a zoning appeals board.
Defective Workmanship Claims Not Covered by General Commercial Liability Policy Coverage for ‘Property Damage Caused by an Occurrence’
The Supreme Court of Ohio ruled today that claims brought by a property owner against a contractor for alleged defective construction or workmanship are not claims insured under the provision in a commercial general liability (CGL) policy that provides coverage for “property damage” caused by a covered “occurrence.”
Court of Appeals Remands Case for Resentencing Based on Judge’s Failure to Make Required Findings Supporting Consecutive Prison Terms
The Eighth District Court of Appeals has ruled that a common pleas court committed reversible error when it sentenced a Cleveland man to consecutive prison sentences for two burglaries without first making specific findings supporting the imposition of consecutive sentences that are required under 2011 legislation that amended the state’s criminal sentencing laws.
City May Adopt Tax Increment Financing Plan That Temporarily Exempts Improvements to Annexed Land From Both City and Township Property Taxes
The Supreme Court of Ohio held today that when land in a township has been annexed by an adjacent municipality through an “expedited type-2” annexation pursuant to R.C. 709.023, although the annexed property remains a part of the township and remains “subject to the township’s real property taxes,” the municipality may adopt a tax-increment financing plan (TIF) that temporarily exempts from city and township property taxes a portion of the improvements made to the annexed property to encourage that property’s economic development.
Add-On Sentence for Discharging Gun ‘From Motor Vehicle’ Does Not Apply to Shots Fired While Defendant Was Outside Vehicle, Behind Open Car Door
The Supreme Court of Ohio held today that a provision of state law that adds five years to the prison term of a defendant found guilty of “discharging a firearm from a motor vehicle” during the commission of a felony does not apply to a Lake County defendant who fired shots at two men while he was standing next to his vehicle, behind an open car door.
Court Reconsiders, Modifies Ruling on Enforceability of Employee Noncompete Agreements
In a decision announced today, the Supreme Court of Ohio reconsidered and partially revised an earlier ruling addressing the enforceability of noncompete agreements between a Cincinnati company and several former employees after the company and its assets were acquired by a successor company through a merger.
In Determining Whether Information in Search Warrant Affidavit Is ‘False,’ Courts Must Allow for Nontechnical Language Used by Nonlawyers
In a 6-1 decision announced today, the Supreme Court of Ohio held that in determining whether information in a search-warrant affidavit is false, a court must take into account the nontechnical language used by nonlawyers.
Former Columbus Attorney Indefinitely Suspended
In a 7-0 per curiam decision announced today, the Supreme Court of Ohio imposed an indefinite suspension against the law license of former Columbus attorney Stephen M. Weiss, who currently resides in Sarasota, Fla.
Cleveland Heights Attorney Suspended
The Supreme Court of Ohio today suspended the law license of Cleveland Heights attorney James Alexander Jr. for one year, with the final six months of that term stayed, for violations of the Rules of Professional Conduct.
Pepper Pike Attorney Disbarred
The law license of Pepper Pike attorney Dwight E. Davis has been permanently revoked for multiple violations of the Rules of Professional Conduct.
Supreme Court Sets Guidelines for Waiver of ‘Amenability’ Hearing In Juvenile Bindover Cases
The Supreme Court of Ohio held today that a juvenile offender may waive a required “amenability” hearing to determine whether he should be bound over for trial as an adult, but such a waiver is valid only if (1) the juvenile, through counsel, expressly states on the record a waiver of the amenability hearing and (2) the juvenile court engages in a colloquy (dialogue) on the record with the juvenile to determine that the waiver was made knowingly, voluntarily, and intelligently.
Seventh District Holds Legal Separation Agreement With Final Property Division Terminates Spouses’ Rights to Elect Against Each Others’ Wills
The Seventh District Court of Appeals has ruled that where a married couple has entered into a court-approved legal separation agreement in which the spouses state their intention to fully and finally dispose of each party’s prospective property rights in the property of the other, the right of either spouse to elect to take against the will of the other is considered to have been relinquished unless the separation agreement expressly provides otherwise.
Former Cincinnati Attorney Suspended from Practice
The law license of former Cincinnati attorney Curtis D. Britt has been indefinitely suspended for violations of the Rules of Professional Conduct in his dealings with more than 20 bankruptcy clients.
Supreme Court Holds That Statute Does Not Entitle Juvenile Offender to Legal Counsel During Interrogation Prior to Filing of Charges
The Supreme Court of Ohio ruled today that a provision of state law that entitles juvenile offenders to representation by legal counsel “at all stages of the proceedings” in delinquency cases refers only to court proceedings that take place after the filing of a complaint in juvenile court or upon an offender’s initial appearance in juvenile court.
Appeals Court Upholds Restitution Order Against Former Toledo Schools Official
In a decision announced September 14, the Sixth District Court of Appeals affirmed a ruling by the Lucas County Court of Common Pleas ordering Daniel Burns, a former business manager of the Toledo City School District, to make full restitution for thefts from the school district totaling $658,428.
Supreme Court Dismisses JobsOhio Mandamus Action Without Ruling on Merits
In a 4-2 decision announced today, the Supreme Court of Ohio dismissed a mandamus action filed by JobsOhio against Ohio Department of Commerce Director David Goodman as a matter not properly before the court.
Cleveland ‘Legal Services’ Company Ordered to Cease Unlicensed Law Practice, Assessed $30,000 Civil Penalty
The Supreme Court of Ohio today issued an injunction ordering Michael D. Davie of Shaker Heights and his company, Alpha Legal Services (ALS), to cease from engaging in the unauthorized practice of law, and assessed a $30,000 civil penalty against Davie and ALS.
Juvenile Court May Grant Temporary Child Visitation Rights to a Nonparent During Litigation of Custody Suit
The Supreme Court of Ohio ruled today that while a child custody proceeding is pending before a juvenile court, the court may issue an order granting temporary visitation with the child by a nonparent under Ohio Juvenile Rule 13(B)(1), where the court finds that the visitation is in the best interest of the child.
Cleveland Attorney Disbarred
Cleveland attorney Leonette F. Cicirella has been permanently disbarred for multiple violations of the Rules of Professional Conduct that included practicing law while her license was under suspension for previous disciplinary infractions.
County Prosecutor Lacks Authority to Enter Into Plea Agreement For Crimes Committed Wholly In Another County
In a 7-0 decision authored by Chief Justice Maureen O’Connor, the Supreme Court of Ohio ruled today that an Ohio county prosecutor lacks authority to enter into a plea bargain on behalf of the state for crimes that a defendant committed in a different county.
Court of Claims approves Ohio Department of Rehabilitation and Correction $2 million settlement
The Ohio Department of Rehabilitation and Correction will pay a Gambier man $2 million to settle a claim over a head-on collision caused by one of its employees that left the man with “catastrophic” injuries.
Court Recognizes Limited Exception to Time Limit to Notify Employer of Retaliatory Discharge Claim
In a decision announced today, the Supreme Court of Ohio recognized a limited exception to the general rule that a terminated employee must notify his employer of his intent to file a retaliatory discharge lawsuit under R.C. 4123.90 within 90 days after the date of the employee’s termination.
East Liverpool Attorney Indefinitely Suspended
The law license of East Liverpool attorney Richard A. Luther has been indefinitely suspended for violations of the Rules of Professional Conduct.
Supreme Court Affirms, Reverses Portions of Multi-Million Dollar Civil Judgment
The Supreme Court of Ohio today partially affirmed and partially reversed rulings by the Tenth District Court of Appeals in a Franklin county lawsuit that resulted in an award of $26.5 million in civil damages against the American Chemical Society (ACS) in favor of Leadscope Inc, a startup software company established by three former ACS employees.
Appeals Court: Child Support for Disabled Child May Be Imposed After 18th Birthday
A divorcing parent may be ordered to pay child support for a disabled son or daughter who has already passed his or her 18th birthday prior to the date of the parents’ divorce, according to a September 10 decision of the Twelfth District Court Appeals.
Appeals Court: Conviction Vacated Based on Improper Admission of Evidence at Trial
In a decision announced September 7, the First District Court of Appeals vacated the conviction of a Cincinnati man for possession of criminal tools based on a finding that the trial court improperly admitted “other acts” testimony by a police officer about the officer’s previous arrest of the same defendant for possession of stolen property.
Appeals Court: Traffic Stop Must Reasonably Warrant Police Intrusion
A police officer’s suspicion of wrongdoing based on a vehicle’s out-of-state license plates and entry and exit from a dead-end private drive late at night were not a sufficient basis to stop and question the driver, according to a September 5 decision of the Ninth District Court of Appeals.
Supreme Court Orders State Ballot Board to Replace Ballot Language Describing Proposed Redistricting Amendment
In a per curiam decision issued late Wednesday, The Supreme Court of Ohio granted a writ of mandamus sought by proponents of a proposed constitutional amendment that is scheduled to appear on the November 6 statewide ballot.
Appeals Court: Liquor Agent's Gambling Complaint Valid
An agent of the Ohio Department of Public Safety (ODPS) who observes illegal gambling activity while the agent is working on or adjacent to a liquor permit premises has authority to sign a criminal complaint charging defendants with violations of the state’s anti-gambling law, according to a September 5 decision of the Ninth District Court of Appeals.
Third District Rules Injuries from Hotel Fall not Covered by Workers’ Comp
An injury suffered by an over-the-road car hauler when he slipped and fell in a hotel bathroom during an overnight stay required by his employer did not “arise out of his employment” and therefore was not covered by state workers’ compensation insurance according to a September 4 decision of the Third District Court of Appeals.
Next Week’s Oral Arguments Include Attorney Discipline Case Related to OSU Football Sanctions
The cases scheduled for oral argument before the Supreme Court of Ohio next week include Disciplinary Counsel v. Cicero, in which the court will review a recommendation that the license of Columbus attorney Christopher Cicero be suspended for improperly disclosing confidential information Cicero received from a prospective client to former OSU football coach Jim Tressel.
Columbus Attorney Suspended
The Supreme Court of Ohio has suspended the license of Columbus attorney Eric M. Seabrook for two years, with the second year of that term stayed on conditions, for continuing to practice law while his license was under suspension for failure to comply with state attorney registration requirements.
Posting Details of Sheriff’s Sale on Website Does Not Give Required Notice of Sale to Party With Interest in Foreclosed Property
In a decision announced today, The Supreme Court of Ohio held that when the address of a party with a property interest in a foreclosure proceeding is known or easily ascertainable, a county sheriff cannot meet his constitutional obligation to provide notice of a sheriff’s sale of the foreclosed property by sending a letter to the party’s attorney directing the attorney to monitor the sheriff’s website for a listing of the date, time and location of the sale.
Norwalk Attorney Suspended
The Supreme Court of Ohio has suspended the law license of Norwalk attorney George C. Ford for two years, with the final six months of that term stayed, for neglecting the cases of two clients, charging one client an illegal or clearly excessive fee, and failing to cooperate with disciplinary authorities investigating his misconduct.
Supreme Court Holds Private Landfill is Not a ‘Public Utility’ Exempt From Township Zoning Authority
The Supreme Court of Ohio ruled today that a private landfill is not a “public utility” exempt from the zoning authority of a township in which it is located if the landfill is not subject to public regulation of its rates and charges, is not obligated by law or regulation to accept all solid waste delivered to it for disposal and the public does not have a right to demand and receive its services.
OVI Conviction Reversed by Eleventh District Because Defendant Not Properly Advised of Consequences of Guilty Plea
The Eleventh District Court of Appeals reversed the convictions of a woman who had pleaded guilty to operating a vehicle under the influence of alcohol because the trial court had not properly advised her of the constitutional rights she would be waiving and other consequences of her guilty plea as required by Ohio’s criminal rules.
State May Cite ‘No Contest’ Plea In Postconviction, Habeas Corpus Proceedings Where Defendant Attacks Conviction Based on That Plea
The Supreme Court of Ohio ruled today that provisions of the state’s Rules of Criminal Procedure and Rules of Evidence that generally bar reference to a defendant’s plea of no contest to a criminal charge in any subsequent civil or criminal court proceeding do not apply to proceedings in which the defendant collaterally attacks the criminal conviction that resulted from his no-contest plea.
Former Columbus Attorney Indefinitely Suspended
The Supreme Court of Ohio has indefinitely suspended the law license of former Columbus attorney Lilian A. Asante, who currently resides in her native country of Ghana, for conduct that resulted in her felony conviction for entering into a fraudulent marriage for the purpose of evading U.S. immigration laws.
Highway Patrol’s Search Did Not Violate Suspect’s Rights
An Ohio State Highway Patrol sergeant had probable cause to search a suspect after a traffic stop after noticing marijuana residue on his shirt, according to the Fourth District Court of Appeals.
Supreme Court Rules Owner of Land Adjacent to Rezoned Property May Have Standing to Challenge Rezoning Through Declaratory Judgment Action
The Supreme Court of Ohio ruled today that owners of property that is outside of a municipality, but is adjacent to property rezoned by that municipality, may pursue a declaratory judgment action to challenge the constitutionality of the rezoning if the owner pleads that he has suffered an injury caused by the rezoning that is likely to be redressed.
Deputy Court Clerk Who is also Deputy Sheriff is not ‘Neutral Magistrate’ Who May Determine Whether There is Probable Cause to Issue Arrest Warrant
The Supreme Court of Ohio ruled today that a person who serves as both a deputy sheriff and a deputy clerk of a municipal court in the same county is not a “neutral and detached magistrate” for purposes of determining whether probable cause exists to issue an arrest warrant.
Delaware Attorney Suspended From Practice
The law license of Delaware attorney Christopher James Burchinal has been suspended for two years, with the final 18 months of that term stayed on conditions, for violations of the Rules of Professional Conduct.
Supreme Court Rules County is Immune From Civil Suits Based on its Failure to Upgrade Storm Sewer
The Supreme Court of Ohio ruled today that the state’s “sovereign immunity” statute bars a property owner from pursuing a civil lawsuit against a county for damages caused by repetitive flooding of the owner’s land when the damage results from the county’s failure to upgrade the capacity of one of its storm sewers to handle increases in storm water runoff since the sewer’s initial construction.
Cincinnati Attorney Disbarred
The Supreme Court of Ohio today permanently disbarred Cincinnati attorney Vlad Sigalov for engaging in a pattern of misconduct that included neglect of entrusted legal matters in multiple cases.
Appeals Court Rules in Second Amendment Case
A trial court will have to revisit a case about the improper handling of a firearm in a motor vehicle to determine whether the Second Amendment right to bear arms applies and whether the state statute in question violates those rights, according to an August 22 decision by the Ninth District Court of Appeals.
Appeals Court Throws Out Conviction Based on Castle Doctrine
A Cuyahoga County man may have acted in self-defense under the “Castle Doctrine” after a knife fight resulted in the death of his ex-girlfriend, the Eighth District Court of Appeals ruled on August 16.
Tenth District Appeals Court Reverses Judgment in Ohio Bureau of Workers’ Compensation Case
In a unanimous decision authored by Judge William A. Klatt, the Tenth District Court of Appeals this month reversed a decision of the Franklin County Court of Common Pleas that had barred a Columbus-area physician from participating in the Bureau of Workers’ Compensation’s Health Partnership Program.
Court of Claims approves $1.25 million OSU Medical Center settlement agreement
The Ohio State University Medical Center will pay the family of a Cleveland man $1.25 million to settle a claim over surgery to treat testicular cancer that left Theodis Jackson in a vegetative state with permanent brain damage.
Appeals Court Strikes Down State Law Due to Home-Rule Conflict
Cleveland can continue to regulate tow truck companies that operate within the city, according to a 2-1 decision by the Eighth District Court of Appeals that found a 2003 state law unconstitutional.
Three of Nine Cases at Supreme Court Next Week Examine Sex Offender Law
Oral arguments at the Ohio Supreme Court next week will include three cases examining various aspects of Ohio’s sex offender registration and notification statute, the latest in a line of cases that answer legal questions that have arisen since the law was revised as the Adam Walsh act in 2008.
Appeals Court Reverses Sex Offender’s Sentence
A Cuyahoga County sex offender should not be subject to enhanced penalties of a new law when he was originally classified under a previous version of the law, according to the Eighth District Court of Appeals.
Appeals Court Rules Juvenile's Statements Should Have Been Supressed
The Clermont County Juvenile Court erred in denying a motion to exclude from evidence videotaped statements made by a 13-year-old boy to Union Township Police because of a Miranda violation, according to the Twelfth District Court of Appeals.
Appeals Court Rules Bond Reduction Motion Does Not Toll Speedy Trial Requirement
A Greene County defendant’s motion for bond reduction did not toll (put on hold) the number of days counted toward complying with his right to a speedy trial, according to the Second District Court of Appeals.
Appeals Court Reverses Trial Court, Rules Statements Admissible
Statements made by a Dayton man arrested for drug possession were admissible and should not have been suppressed by the trial court because they were not the result of police interrogation, according to the Second District Court of Appeals.
Court of Claims Approves $600,000 UC Settlement Agreement
The University of Cincinnati will pay a Hamilton County couple $600,000 to settle a claim over a chemistry demonstration explosion that caused second and third degree burns to their daughter.
Cincinnati Zoning Hearings Must Have Transcribable Record, First District Rules
The Cincinnati Municipal Code requires the city’s zoning hearing examiner to prepare a transcribable record of its public hearings, the First District Court of Appeals ruled this week.
Appeals Court Throws Out Traffic Stop Convictions
Evidence obtained during a Canfield traffic stop should have been suppressed by the trial court, the Seventh District Court of Appeals ruled in a recent case.
Appeals Court Limits Tuscarawas County Easement Use
Penn Ohio Coal Co. will not be permitted to transport coal across an easement in Tuscarawas County, following a July 18 ruling by the Fifth District Court of Appeals.
Full Eighth District Reverses 3-Judge Panel, Overrules 2009 Precedent on Ohio Criminal Sentencing Law
The full Eighth District Court of Appeals in Cleveland sitting en banc found this month that Ohio law requires probation department supervision of a defendant placed on community control sanctions only when there is a condition that must be overseen or a term during which a defendant’s conduct must be supervised.
Supreme Court Orders Judge to Unseal Records in Youngstown Corruption Case
The Supreme Court of Ohio today granted writs of mandamus and prohibition ordering a visiting judge to unseal documents that the judge allowed to be filed under seal in a 2010 Mahoning County public corruption case.
Columbus Firm Agrees to Cease Preparing Immigration Forms, Other Activities That Constitute Unauthorized Practice of Law
The Supreme Court of Ohio today approved a consent decree in which Immigration Associates LLC, a Columbus company that provided services and legal advice to foreign nationals seeking help with immigration issues, agreed to cease and desist from preparing official forms for submission to the U.S. State Department and U.S. Citizenship and Immigration Service (USCIS), and from performing other services for clients that constitute the unauthorized practice of law.
Appeals Court Strikes Down Cincinnati Residency Ordinance
The First District Court of Appeals has upheld a ruling from the Hamilton County Court of Common Pleas that struck down a Cincinnati city ordinance prohibiting city employees from living outside the state of Ohio.
Supreme Court Rules Judge’s Error in Declaring Mistrial Barred New Trial of Defendant in Springfield Murder Case
The Supreme Court of Ohio ruled today that the retrial and conviction of a Columbus woman on charges of murder and other offenses violated the woman’s right against double jeopardy because a Clark County judge had improperly declared a mistrial in her previous trial on the same charges.
Court of Claims Approves $1.5 Million ODOT Settlement Agreement
The Court of Claims of Ohio approved a $1.5 million settlement agreement between the Ohio Department of Transportation and Kokosing Construction Co., Inc. on July 12 for extra work performed and extra costs incurred on a road construction project.
Supreme Court Clarifies Standard of Review When Appeals Courts Review Declaratory Judgement Actions
The Supreme Court of Ohio today ruled that an appellate court reviewing a declaratory judgment matter should apply a deferential “abuse of discretion” standard in reviewing the trial court’s determination of whether the case is appropriate for declaratory judgment, but should apply a non-deferential “de novo” standard in reviewing the trial court’s determinations of legal issues in the case.
Court of Claims Awards More Than $1 Million in Damages for Botched Shoulder Surgeries
The Court of Claims of Ohio awarded $1.1 million in damages to Deborah and Martin Darcy on July 2 in a medical negligence and loss of consortium claim against the University of Toledo Medical Center.
Cease and Desist Order Against Supreme Court Candidate Reversed
By a 7-6 vote, an appeals court commission reversed and dismissed an earlier finding that Ohio Supreme Court candidate and former judge William M. O’Neill should cease and desist from distributing campaign material that refers to him as judge.