Opinion Summaries Archives

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| Public Information Office | Search | Upcoming Cases | Select an archive 2008 2007 2006 2005 2004 2003 2002 2001 2000

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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.

2007

Dec. 27, 2007

• Expert Who Reviewed Colleague's DNA Test Results May Present Trial Testimony About Test Records
• Court Upholds Two Tort-Reform Statutes
• Court Defines 'Knowing' and 'Willful' Violations of Federal and State Phone Solicitation Statutes

Dec. 20, 2007

• Court Bars 'Common Law' Tort Action for Wrongful Firing of Workers' Comp Claimant
• 'Gestational Surrogacy' Contract Waiving Parental Rights Held Enforceable

Dec. 19, 2007

Dec. 13, 2007

• Unlicensed Law School Graduate Sanctioned for Unauthorized Practice of Law

Dec. 12, 2007

• Employer Suit Against Employee Who Filed Civil Rights Complaint Not Barred as 'Retaliation Per Se'
• Supreme Court Suspends Parma Attorney

Dec. 11, 2007

• Dayton CPA Sanctioned for Engaging in Unauthorized Practice of Law
• Court Suspends Cleveland-Area Attorney

Nov. 21, 2007

• Court Clarifies Trial Court's Duty to Advise Misdemeanor Defendant of 'Effect of Plea'

Nov. 20, 2007

• 'Saving Statue' Applies to Suit Challenging Denial Claim Against Decedent's Estate
• Divorce Decree Is Final Order Subject to Immediate Appeal Despite Pending QDRO

Nov. 15, 2007

Oct. 31, 2007

• Ohio Court Can Hear Civil Suit Against Ohio Resident Despite Relocation to Avoid Prosecution
• Trial Court Order Dismissing Criminal Indictment Is Immediately Appealable by the State

Oct. 25, 2007

• Court Adopts ‘Primary-Purpose’ Test to Determine Whether Child’s Statements to Police are Testimonial
• Private Party Cannot Acquire Land Owned by a Park District via ‘Adverse Possession’
• Trial Court Ruling That Asbestos Plaintiff Has Shown Current Medical Impairment Is ‘Final’ Order
• Court Must Find ‘Change in Circumstances’ Before Modifying Designation of Child’s Custodial Parent
• Supreme Court Suspends Law License of Former Franklin County Judge
• Mason Judge’s License Suspended

Oct. 24, 2007

• Denial of Dismissal for Failure to File Expert Affidavit With Complaint Is Not ‘Final’ Order
• Supreme Court Suspends Two Attorneys for Misconduct

Oct. 23, 2007

Oct. 11, 2007

• Failure to Preserve ‘Potentially Useful’ Evidence Does Not Violate Defendant’s Due Process Rights
• Ruling That Retroactive Application of Asbestos Law Is Unconstitutional Is a Final, Appealable Order
• Child’s Statements to Medical Personnel Are Admissible Without Competency Hearing

Oct. 10, 2007

• Court Affirms Conviction, Death Sentence of Toledo Killer
• Child’s High School Need Not be Approved by State of Ohio to be ‘Recognized and Accredited’
• Supreme Court Suspends Cincinnati, Mt. Vernon Attorneys for Misconduct

Oct. 3, 2007

• Court Affirms Death Sentence in Noble County Child Rape, Murder
• Expert Testimony Required to Establish General & Specific Causation of Medical Condition
• Death Sentence Overturned, New Trial Ordered In 2004 Cleveland Murder Case
• Counterclaims Against ODOT Director Must be Filed in Franklin County
• Denial of City’s Motion for Summary Judgment Based on Sovereign Immunity Is ‘Final Appealable Order’
• Order Denying Permanent Custody of Child but Continuing Temporary Custody Is Not Final, Appealable

Sept. 27, 2007

• Court Clarifies Requirements for Waiver of Attorney in Juvenile Delinquency Proceedings
• Statutory Remedies Held Sufficient To Bar ‘Common Law’ Claim of Wrongful Discharge Based on Age
• Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide
• Court Revises Earlier Ruling, Holds Negligent KFC Worker Entitled to Workers’ Comp

Sept. 26, 2007

• If Found Valid, ‘Principal Challenge’ to Prospective Juror Requires Candidate’s Disqualification
• Failure to Object to Sentence Based on Judicial Fact-Finding Forfeits Later Appeal on That Issue
• Court Must Conduct Hearing Before Restricting Media From Photographing Juvenile Defendant

Sept. 20, 2007

• Decedent’s Arbitration Agreement With Employer Does Not Bar Family’s Wrongful Death Lawsuits
• Supreme Court Disbars Parma Attorney

Sept. 19, 2007

• Guardianship Based on Minor Status, Jurisdiction of Probate Court Expire When Ward Turns 18

Sept. 5, 2007

• Court Dismisses Unauthorized Practice Complaint Against ‘Jailhouse Lawyer’
• Judge Must Confirm Defendant’s Waiver of Right To Jury Trial ‘In Open Court’
• ‘Natural Persons,’ Not Business Entities, May Sue Under Ohio Consumer Sales Practices Act

Aug. 31, 2007

• Court Sets Amended Effective Date for Disputed Bill To Allow For Possible Referendum Effort

Aug. 29, 2007

• Time Limit to Sue for Malicious Prosecution Runs From Date Grand Jury Declines to Indict
• Former Version of State Law Requiring DNA Samples from Felons Was Not Retroactive
• FirstEnergy Companies May Not Recover Fuel Costs of Power Generation Via Transmission Charges
• Supreme Court Disbars Three, Suspends Seven Attorneys

Aug. 22, 2007

• Insurer May Exclude Uninsured Motorist Coverage Where At-Fault Driver Immune from Civil Liability
• Payment of Court Costs May Be Waived Only When Defendant Moves For Waiver At Time of Sentencing

Aug. 15, 2007

Aug. 8, 2007

• Ticket for ‘Prima facie’ Speeding Violation Does Not Require Finding that Speed Too Fast for Conditions
• ‘Failure of Service’ Defense Not Waived By Party’s Active Participation in Litigation Proceedings

Aug. 1, 2007

• Two State Laws, Toledo City Ordinance Regulating Pit Bulls Upheld As Constitutional
• Strickland Veto Invalid, Brunner Directed To Accept and Process 2006 Product Liability Bill

July 25, 2007

• Court Rules Child Pornography Laws Constitutional, Clarifies Burden of Proof that Real Child Is Depicted
• Law Barring Domestic Violence Against Unmarried Person ‘Living As a Spouse’ Held Constitutional
• Court Had Discretion to Allow Doctor To Testify As Expert In Medical Malpractice Case
• Court Disbars Cleveland Attorney, Suspends Three

July 18, 2007

• Minority Owners of Close Corporation May Sue Majority Owner’s Lawyers for Malpractice
• Prisoner’s Awareness of New Indictment Against Him Does Not Satisfy State’s Statutory Notification Duty
• Auto Buyer May Assert Breach of Implied Warranty Claim Only Against Party ‘In Privity of Contract’
• Supreme Court Suspends Four Attorneys

July 11, 2007

• Failure to Include Postrelease Control Voids Sentence, Calls for New Sentencing Hearing for That Offense
• Jury May Award Attorney Fees As Compensatory Damages Only When Punitive Damages Awarded
• Sheriff Must Send Notice to Last Known Address Before Failure To Register Charge Can Be Filed
• Attorney Disbarred

July 5, 2007

• Dismissal ‘Other Than On Merits’ That Prevents Refiling Case In Trial Court Is Final Order

June 27, 2007

• Ruling Requires Both State Agency and Appellant to Strictly Comply With Statutory Procedures
• ‘Double-Dismissal Rule’ Applies Only When Plaintiff Files Two Unilateral Notice Dismissals of Case
• Court Has Discretion to Remove Grandparents as Parties When Minor Parent Reaches Age of Majority

June 20, 2007

• Court Suspends Solon, Cincinnati Attorneys

June 13, 2007

• Mandamus Is Sole Relief When State Agency Ruling Is Discretionary and Appeal Barred by Law
• Imposition of Driver License ‘Points’ Is Sufficient to Preserve Offender’s Appeal Rights After Fine Paid

June 6, 2007

• Court Recognizes ‘False Light’ Invasion of Privacy
• Civil Judgment is Not ‘Final and Appealable’ if Motion for Prejudgment Interest Still Pending
• Court Suspends Cincinnati Attorney

May 30, 2007

• Law Requiring ‘Change In Circumstances’ to Return Child To Parents’ Custody Upheld as Constitutional
• Supreme Court Disbars, Suspends Attorneys

May 23, 2007

• Anesthesiologist Assistants May Perform Spinal, Epidural Procedures Under Proper Supervision
• Appeals Court Must Use Manifest-Weight-of-Evidence Standard When Reviewing Sex Offender Status
• Drug Dog ‘Sniff’ of Car During Normal Background Check Does Not Violate Driver’s Constitutional Rights

May 16, 2007

• Court Affirms Government Immunity When Injury Arises From Exercise of Employee’s Discretion
• Post-Settlement Interest Accrues from Date of Written Agreement, Unless Other Date Specified
• Minor Misdemeanor Disorderly Conduct Is ‘Lesser Included Offense’ of Domestic Violence
• Supreme Court Suspends Three Attorneys

May 9, 2007

• Patients’ Bill of Rights Allows Injured Resident of Unlicensed County Nursing Home To Sue County
• When ‘Good Cause’ Not Defined in Contract, Arbitrator May Apply Test From Case Law
• Attempted Drug Possession Subject to Mandatory Jail Sentences Specified In Possession Statute

May 2, 2007

• Law that Bars Judicial Review When Prosecutor Denies DNA Testing Held Unconstitutional

April 25, 2007

• Supreme Court Holds ‘No-Damages-for-Delay’ Clause in 1997 Construction Contract Is Enforceable
• Public Employer Failed to State True Rationale For Abolishment of Civil Service Position

April 18, 2007

• Past Conviction Counts For Sentence Enhancement Only If Right to Counsel Was Properly Waived
• ‘Speedy Trial’ Law Requires Triple-Count of Pretrial Jail Time for All Charges Based on Same Incident
• Court Suspends Cleveland, Willoughby Attorneys

April 11, 2007

• Supreme Court Affirms PUCO Rulings Ordering Refunds to Vectren Energy Customers

April 4, 2007

• Prosecutor May Not Appeal Modification of Sentence for Third, Fourth or Fifth Degree Felony
• Courts Have Discretion to Apply Post-Conviction DNA Testing Law According to Facts of Case
• Worker Reaching Contract Limit Is Not ‘Voluntarily Unemployed’ Under Ohio Unemployment Laws
• Insurer Cannot Bring Suit to Determine Policy Rights When Insured Has No Legal Claim Under Policy
• Court Upholds Law Setting “Substantial Compliance” Standard For Admissibility of Field Sobriety Tests
• Court Suspends Three Attorneys

March 28, 2007

• Co-Workers Not ‘In Privity’ When Suits Against Employer Seek To Recover Different Benefits
• Court Rules that Search of Vehicle during Traffic Stop and Discretionary Impoundment is Lawful
• Court May Not Determine Child’s ‘Best Interest’ Based Solely on Limited Cognitive Abilities of Parents

March 21, 2007

• Court Holds Auto Insurance Policy Could Exclude UM/UIM Coverage for Off-Road Vehicles
• Time Limit for Parents To Bring Own Claim Based on Child’s Injury Does Not Run Until Child Reaches 18
• Girl Scout Store Held Exempt from Property Tax
• Court Suspends Four Attorneys

March 14, 2007

• Mandamus Action Wrong Way for City Employees to Challenge Residency Requirement
• Court Suspends Two Cleveland Attorneys

March 7, 2007

• Appeals Court May Not Vacate Entire Sentence When Error Found Only In Sentence for One Specification

February 28, 2007

• Law Barring Consensual Sex Between Stepfather and Adult Stepdaughter Upheld as Constitutional
• Denial of Insurer’s Motion to Intervene In Insured’s Civil Suit Ruled Not a Final, Appealable Order
• Subrogation of Workers’ Compensation Benefits Governed by Laws of State Where Benefits Paid
• Toledo Attorney Suspended

February 21, 2007

February 14, 2007

• Trial Court to Reconsider ‘Knock and Announce’ Case In Light of U.S. Supreme Court Decision
• Police Look Through Crack Between Garage Doors Does Not Violate Owner’s ‘Expectation of Privacy’
• Defendant’s Neglect in Answering State’s Discovery Request Stops Running of Speedy Trial Time Limit

February 7, 2007

• Airport Official’s Improper Interest In Public Contract Does Not Render Contract Void
• Court Must Sentence for Lowest Degree of Crime When Jury Form Omits Degree, Aggravating Factor
• Court Holds ‘Floating’ Forum-Selection Clause Void Where Enforcement Would Be Unjust, Unreasonable
• Supreme Court Disbars Hamilton Attorney

January 31, 2007

January 24, 2007

• Court Affirms PUCO Rulings Dismissing Pre-1999 Cell Phone Reseller Complaints

January 17, 2007

• Recent Sale Price of Property Is Not Presumed Fair Tax Valuation When Seller Was ‘Under Duress’
• Adoption Hearing Notice Not Required to State That Both Consent, Best-Interest Issues Will Be Addressed

January 10, 2007

January 3, 2007

• Ex-Spouse Remains Insurance Beneficiary Despite Law Change If Policy Issued Before Bill Took Effect