Opinion Summaries Archives

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Opinions and selected case summaries are available by clicking on a release date or summary title below, or by keyword search.

2004

Thursday, Dec. 30, 2004

• Brand-Name Matchbooks Are ‘Merchandise’ Banned By Tobacco Industry Settlement
• Juvenile Court May Order Retroactive Child Support If Parentage Action Filed by Child’s 23^rd Birthday
• Court Rules Party in a Civil Case May Obtain Documents Under Public Records Act
• Guardian Does Not Have Authority to Terminate Life-Supporting Treatments In Temporary Custody Case

Wednesday, Dec. 29, 2004

• Foust Convictions, Death Penalty Upheld
• Lima Killer’s Death Sentence Affirmed
• Death Penalty Affirmed for Springfield Serial Killer
• Court Disciplines Five Ohio Attorneys

Wednesday, Dec. 22, 2004

• Court Upholds Two-Year Time Limit for Retroactive Permanent Total Disability Benefits
• Ohio Courts Must Give Non-Citizen Verbatim Warning That Guilty Plea May Bar Naturalization
• Court Clarifies Constitutional Rule That Limits Legislative Bills to ‘Single Subject’
• Court Disbars Lawyer, Suspends Three, Including Stayed Suspension for Franklin County Judge

Friday, Dec. 17, 2004

• Collateral Source Setoff Does Not Apply When State Sued By “Joint Tortfeasor” for 3rd-Party Damages
• Enterprise Zone Tax Exemptions, Sharing Agreement With Schools Effective On Date Ordinance Approved
• Employer’s Signed, Written Rejection of UM/UIM Coverage Presumed Valid Under Former Law
• Court Disciplines Two Ohio Attorneys

Wednesday, Dec. 15, 2004

• Death Penalty Affirmed in Dayton Triple Murder
• Court Holds Collective Bargaining Amendment in Appropriations Bill Violates Single-Subject Rule
• Appointment of Guardian for Mentally Incompetent Injury Victim Does Not Trigger Statute of Limitations
• Court Holds Free Speech Rights Not Infringed When Police Arrested ‘Chief Wahoo’ Effigy Burners
• Court Overturns Class Action Certification Of Consumer Suits Over Painkiller OxyContin
• Court Allows Multiple Convictions, Sentences When Charges Based on Separate Actions of Defendant
• Landlord May Post Three-Day Notice to Vacate Premises On Outside of Apartment Door
• Court Disciplines Six Ohio Attorneys
• Confidential Child Abuse Information in Police Reports Held Exempt from Public Records Law
• Non-Lawyers May Assist Parties in Workers’ Comp Cases If Commission Guidelines Followed

Wednesday, Dec. 8, 2004

• Court Affirms Hamilton County Murder Conviction, Death Penalty
• Ada Lawyer Suspended
• Lessor of Real Property Is Not ‘Owner’ for Purpose of Applying for Property Tax Exemption
• Court Denies Pre-Trial Jail Time Credit When Defendant Found Not Guilty by Reason of Insanity
• Court Affirms Skatzes Conviction, Death Sentence
• Contributing to Unruliness of Minor Requires ‘Reckless’ Mental State
• Sexually Violent Predator’ Sentence Enhancement Requires Prior Conviction for Qualifying Offense
• Dayton Lawyer Indefinitely Suspended
• Gallia County Judge Suspended for Misconduct
• Court Disbars Cleveland-area Attorney
• Child Protection Agencies Can File for Permanent Custody Only After Statutory Standard Met

Wednesday, Dec. 1, 2004

• Court Upholds Kidnap, Robbery Convictions but Rules Ohio had no Jurisidiction over Pennsylvania Murders
• Court Clarifies Stentencing Procedures, OKs Patdown Search of Suspect Whose Companion Fled Police

Wednesday, Nov. 24, 2004

• Courts May Assess and Collect Court Costs from Indigent Felony Offenders
• New Lexington Lawyer Indefinitely Suspended

Wednesday, Nov. 17, 2004

• Death Sentence Affirmed for 1999 Murders of Warren Mother and Daughter
• Court Denies Gun Writ, But Rules Sheriff Must Process Emergency Application Based on Affidavit
• Cuyahoga Falls Attorney Disbarred

Wednesday, Nov. 10, 2004

• Nonuse of Seatbelt Held Admissible When Plaintiff Alleges Vehicle Defect Enhanced Injuries
• Court Holds ‘Lemon Law’ Arbitration Panels May Offer Refund Reduced by Mileage Offset

Wednesday, Nov. 3, 2004

Friday, Oct. 29, 2004

• Application for Property Tax Exemption Must Show That Prior Tax Assessments Have Been Paid

Wednesday, Oct. 27, 2004

• Court Affirms New Trial for Defendant
• Lima Attorney Suspended for Neglect, Lying to Client

Wednesday, Oct. 20, 2004

Wednesday, Oct. 13, 2004

• Court Holds Stockholders of Parent Company May Inspect Records of Subsidiary in Some Cases

Wednesday, Sept. 29, 2004

• Supreme Court Rules Out Five-Year ‘Antiprocreation’ Order for Non-Support Offender
• Health Insurer May Subrogate Insured’s Tort Award, Whether or Not Insured Has Been ‘Made Whole’

Wednesday, Sept. 22, 2004

• Supreme Court Rules Out Death Penalty In Resentencing of Toledo Killer
• Malpractice Insurance Policy May Aggregate Multiple Claims Under a Single ‘Per Person’ Coverage Limit
• Judge Must State Specific Prison Term Offender Will Face If Community Control Sanction Violated
• Court Rules Owner Entitled to Hearing To Contest ‘Vicious Dog’ Classification
• Canton Lawyer Suspended
• Expert Witness Fees Ruled Reimbursable When Workers’ Comp Appeal is Successful
• Cleveland Lawyer Indefinitely Suspended

Wednesday, Sept. 15, 2004

• Attorney Disbarred for Forging Client Signatures, Practicing While Under Suspension

Wednesday, Sept. 8, 2004

• Ohio Adopts Federal Test to Define a ‘Regulated Security’
• Defendant Not Claiming Innocence Presumed to Understand Guilty Plea Is ‘Complete Admission’
• Litigants Must Pay Court Reporter’s Fees for Trial Transcript Copies

Wednesday, Aug. 25, 2004

• Court Affirms Quadruple Murder Conviction, Death Sentence for Ahmed
• Rule Mandating Arbitration of Lawyer Fee Disputes Held Constitutional and Binding

Wednesday, Aug. 18, 2004

• Decision Banning Consolidation of Wrongful Death Insurance Claims Limited to Auto Policies
• Deadline Extension When Legal Papers Served by Mail Does Not Apply To Mailed Judgment Notice
• Dayton Attorney Suspended for Six Months

Wednesday, Aug. 11, 2004

• Buyer of Consumer Loan Contract Not Entitled to Vendor's 'Bad Debt' Sales Tax Refund
• Court Upholds PUCO-Approved Changes in Electric Line Extension Charges
• Former Sentencing Statute Held Unconstitutional
• Court Suspends Lawyer Who Told Client He Could Obtain 'Favor' From Judge for $12,000

Wednesday, Aug. 4, 2004

• Court Says Threat Intended to Induce or Deter Actions of a Public Employee is Illegal ‘Coercion’

Wednesday, July 28, 2004

• Federal Law Preempts State Court Asbestos Claims Against Railroad Equipment Manufacturers
• Employer Entitled to State Fund Reimbursement for Uncontested Worker’s Comp Claim Later Disallowed

Wednesday, July 21, 2004

Wednesday, July 14, 2004

• Court Affirms Hoffner Conviction, Death Sentence
• Secret Ballot Requirement Does Not Preclude Review of Ballots as Evidence of Election Tampering
• Rehearing Required in Parental Rights Case When Incomplete Hearing Record Cannot Be Corrected
• Portsmouth Attorney Suspended Indefinitely

Wednesday, July 7, 2004

• Unanimous Court Upholds Convictions and Death Sentence in Triple-Murder Case
• Court Indefinitely Suspends Columbus Lawyer
• Local Court Lacks Jurisdiction to Hear Tort Complaint Against Public Utility for Service Cutoff

Wednesday, June 30, 2004

Wednesday, June 23, 2004

• Semitrailer Refrigeration Units Exempt From State Personal Property Tax
• Parolees Subject to Escape Charge Based On Date of Parole Violation, Not Date of Conviction
• Unnotarized Document Affirmed ‘Under Penalty of Perjury’ Is Not an ‘Affidavit’ Under Ohio Law

Wednesday, June 16, 2004

• Court Suspends License of Akron Attorney

Wednesday, June 9, 2004

• Court Upholds Dismissal of Wrongful Death Claim Against MRDD Board
• Trial Court Need Not State Findings for Exceeding Minimum Sentence for First-Time Offenders
• Court Disbars Cincinnati Lawyer, Suspends Two

Wednesday, June 2, 2004

• School Board Duty to Report Suspected Abuse of Student by Teacher Extends to Other Students
• Court Bars Consecutive Jail Terms Under 'Community Control' Sentencing Statute

Wednesday, May 26, 2004

• Subrogation of Injured Worker Lawsuit Awards, but not Settlement Proceeds, Ruled Unconstitutional

Wednesday, May 19, 2004

• School Board Required to Complete Evaluations Before Non-Renewing Teacher on Medical Leave

Wednesday, May 12, 2004

• Capital Offense’ Sentencing Process Required When Charge Includes Death Penalty Count
• Prosecutor May Not Use Pre-Arrest Silence or Post-Miranda Lawyer Request as Evidence of Guilt
• Attorney Discipline

Wednesday, May 5, 2004

• Single Judge’s Acceptance of Capital Murder Plea Does Not Automatically Void Judgment

Wednesday, April 28, 2004

• Supreme Court Upholds PUCO Deregulation of Local Phone Company Fees for Non-Basic Services
• Fear of Cancer Based on Lost Tissue Sample Does Not Support Emotional Distress Lawsuit
• Court Holds Vehicular Assault Charge is Not Precluded by Prior Plea Bargain to DUI
• Supreme Court Disbars Lancaster Attorney, Suspends Licenses of Three
• Attorney Suspended for Drafting Non-Relative's Trust in Which Lawyer's Family Members Benefit

Wednesday, April 21, 2004

• Contractor May Not Withhold Projected Costs of ‘Procedural’ Dispute from Subcontractor’s Bill

Wednesday, April 14, 2004

• Court Upholds Toledo Killer's Death Sentence
• Death Sentence Affirmed in Double Murder
• Municipal Courts Lack Jurisdiction to Consider Petitions for Post-Conviction Relief
• Public Officials Sued for Official Actions are 'In Privity' With Themselves as Individuals
• Expungement Statute Held Constitutional
• Court Holds Child Is a 'Party' With Right to Attorney in Actions to Terminate Parental Rights
• Court Must Release Records of Hockey Arena Wrongful Death Settlement
• Supreme Court Disbars Cincinnati, Toledo Attorneys

Wednesday, April 7, 2004

Wednesday, March 17, 2004

• Supreme Court Upholds Death Sentence in Shooting of Cleveland Police Officer
• Inmate Must Initiate Process to Resolve Untried Criminal Charges

Wednesday, March 10, 2004

• Court Upholds Toledo Killer’s Death Sentence
• Court of Claims Has Sole Authority to Decide When a State Employee is Immune from Liability
• Continued Employment of At-Will Employee Is ‘Consideration’ for No-Compete Agreement
• Lebanon Attorney Suspended from Practice

Wednesday, March 03, 2004

• Court Must Find ‘Reckless’ Mental State to Enhance Penalty for Drug Sale Near A School
• Lawyer Must Disclose Dead Client's Statements When Court Orders and Spouse Waives Privilege
• Age Bias Claims Require Replacement Of Worker by a "Substantially Younger" Employee
• Thirty-day Notice Requirement Does Not Apply to Landlords Terminating Business Leases

Wednesday, Feb. 11, 2004

• Co-op processing members’ milk is entitled to tax breaks for ‘rendering agricultural services’
• Tax exemption for environmental hazard cleanup applies to entire increase in property value
• Court rules deduction of future vacation leave OK as public employee discipline measure
• Trial court’s failure to preserve written jury instructions as part of case record is not automatic ground for reversal
• Court rules defendant’s conduct, not spectator’s youth determines liability in recreational injury cases
• Supreme Court suspends Lakewood, Mayfield Heights attorneys

Wednesday, Feb. 4, 2004

Wednesday, Jan. 21, 2004

• Recovery of funds wrongfully collected by the state is "equitable relief," can be pursued in common pleas courts
• DUI arresting officer may testify about observations during sobriety test in cases where test results inadmissible

Wednesday, Jan. 14, 2004

• Court upholds death sentence in Canton murders
• Court denies Hughbanks claim of ineffective legal counsel
• Court upholds PUCO authority to regulate cities' activities as retail electric power "aggregators"

Wednesday, Jan. 7, 2004