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.

2008

Nov. 12, 2008

Oct. 30, 2008

Oct. 27, 2008

Oct. 24, 2008

Oct. 23, 2008

• When Medical Expert Affidavit Not Filed, Motion to Dismiss for Failure to State Claim Is Proper Response

Oct. 22, 2008

• 1977 Decision Extending Liability for Defective Products to Sellers Does Not Apply to Pre-1977 Sales

Oct. 21, 2008

• Ruling Denying Mandatory Bindover of Juvenile to Adult Court Is Final, Appealable Order

Oct. 16, 2008

• Court Suspends Columbus Attorney

Oct. 15, 2008

• 2004 Bill Changing Asbestos Lawsuit Procedures May Be Applied to Cases Filed Before Law Changed

Oct. 14, 2008

• Court May Rule on Motion to Grant Permanent Custody of Child Before Agency Files Adoption Plan
• Court Suspends Two Attorneys

Oct. 9, 2008

• Failure to Advise Accused That State Must Prove Its Case ‘Beyond Reasonable Doubt’ Voids Guilty Plea

Oct. 3, 2008

Oct. 2, 2008

• When Appeals Court Finds Rulings By Different Panels Conflict, It Must Resolve Via ‘En Banc’ Session
• Out-of-State Relative Who Opposed Ohio Guardianship Order Had No Standing to Appeal

Oct. 1, 2008

• Rule Requiring Corroboration of ‘Hearsay’ Evidence Does Not Violate a Defendant’s Due Process Rights
• Court Upholds Retroactive Application of Amended Sex Offender Reporting and Notification Rules

Sept. 30, 2008

• Law Allows Owners of Annexed Property To Petition for Transfer to Other School District
• Court Modifies Test For Allowing Plaintiff to ‘Pierce Corporate Veil,’ Seek Damages from Shareholder

Sept. 29, 2008

Sept. 25, 2008

• Juvenile Offender Remains ‘Child’ In Subsequent Proceedings Until Offender Reaches Age 21
• Writ Seeking All of Legislator’s E-mails, Text Messages and Correspondence Denied As ‘Overbroad’
• Columbus, Cincinnati Attorneys Disbarred

Sept. 24, 2008

Sept. 18, 2008

• Supreme Court Strikes Down City Ordinance Banning Guns in Public Parks
• Supreme Court Reprimands Former Judge

Sept. 17, 2008

• Plaintiff May Recover Value of Home Health Care Provided by Spouse, But Not Spouse’s Lost Wages
• Guardian Ad Litem May File Motion To Terminate Parental Rights, Award Permanent Custody of Child
• Court Suspends Bowling Green Attorney

Sept. 16, 2008

• Criminal Rule Bars Amended Indictment When Change Alters Penalty or Degree of Charged Crime
• Legislation Adjusting Postjudgment Interest Rate Applies to Cases On Appeal On Date Law Changed
• Driver Drifting Across Lane Line, Without More, Is Valid Basis For Police to Make Traffic Stop
• Cincinnati Attorney Suspended

Sept. 11, 2008

Sept. 10, 2008

Aug. 19, 2008

Aug. 14, 2008

• Akron Attorney Suspended

Aug. 13, 2008

• Court Order Allowing Plaintiff to Choose Between New Trial and ‘Remittitur’ Is Not Final, Appealable
• Lancaster, Tallmadge Attorneys Suspended

Aug. 12, 2008

• Ohioans Suing Under Federal Civil Rights Statute Must File Court Action Within Two Years

Aug. 7, 2008

• Evidence Rule Does Not Bar Use of Defendant's Statements Made Outside of Plea Discussion
• Court Disbars North Royalton Attorney

Aug. 6, 2008

• Plaintiff Must Show That Better Outcome Would Have Resulted If Attorney Took Settled Claim To Trial
• Defendant Eligible For 'Foster' Resentencing Only if Delayed Appeal Was Pending When Foster Decided
• Release From Prison While State Appealing Reduced Sentence Does Not Bar Offender's Reincarceration
• Supreme Court Disbars Attorney

Aug. 5, 2008

• Court Rules Pharmacies' Purchases of Automated Insurance Approval Service Not Subject to Use Tax
• Intent to Take Another's Property Not Required to Establish Ownership Via Adverse Possession

July 31, 2008

July 17, 2008

July 15, 2008

• Cleveland Man's Aggravated Murder Conviction, Death Sentence Upheld

July 9, 2008

• Retired Judge Who Was Never Elected Ruled Eligible to Serve As a 'Private Judge'
• Attorney May Be Liable for Unauthorized Disclosure of Medical Information Obtained Through Lawsuit
• Supreme Court Clarifies Requirements for Trial Court Judgment of Conviction to be Final, Appealable
• Court Suspends Cincinnati Attorney Indefinitely

July 8, 2008

• Landlord Not Liable for 'Hostile Housing Environment' Claim Under Civil Rights Statute
• Public Employee May Sue for Discrimination Without First Pursuing Civil Rights Commission Appeal
• Supreme Court Suspends Akron, Dayton Attorneys

July 3, 2008

• Highland County Judge Disbarred

July 2, 2008

June 18, 2008

• To Establish Legal Malpractice Damages, Client Must Show Credible Amount Lost Via Lawyer's Error
• All Jurors Need Not Agree on One 'Criminal Offense' That Was Purpose of Trespass to Convict for Burglary
• Accumulation of Ice on Roadway is Not 'Obstruction' Under Ohio Sovereign Immunity Law

June 17, 2008

• Supreme Court Affirms Death Sentence for Inmate's Role in Murder of Lucasville Prison Guard

June 12, 2008

• Supreme Court Disbars, Suspends Attorneys

June 11, 2008

June 5, 2008

• Ohio Law Does Not Establish a 'Protected Right' in Autopsy Specimens
• Court Holds Former Statute Requiring Reporting of 'Suspected Child Abuse' Requires Subjective Standard

June 4, 2008

• Child Service Agency, Employee Not Liable for Handling of Case in Which Abused Child Killed
• Child Service Agency Immune From Civil Suit Unless Claim Falls Within Exception in Immunity State

June 3, 2008

May 29, 2008

• Court Review of Tax Ruling May Consider Just Land Value of Property, Separate from Improvements
• Supreme Court Suspends Three Attorneys

May 28, 2008

May 21, 2008

• Court Holds Disappointed Low Bidder Did Not Obtain Property Interest in City Contract
• When Individual Sentences Not Disproportionate to Crimes, Consecutive Imposition is Not Cruel, Unusual
• Court Rules City Vehicle was 'Self Insured' Under Former Ohio UM/UIM Insurance Law

May 20, 2008

• Tenant May Seek Recovery of Appellate Attorney Fees From Landlord in Either Trial or Appeals Court
• Sandusky County Judge Reprimanded for Failure to Decide Cases in Timely Manner

May 15, 2008

• Hilliard Attorney's License Suspended

May 14, 2008

May 7, 2008

• Utility Company Not Liable for Crash Injuries if Pole Location Does Not Interfere With 'Normal Traffic'
• Attorney Not Liable to Client's Heirs for Malpractice in Preparing Deed That Increased Estate's Taxes
• Claim for Underpayment of Lump-Sum Workers' Comp Settlement Must Be Brought in Court of Claims

May 6, 2008

• Court Rules Life Sentence for Rape Committed as Juvenile Not Barred on Due Process Grounds

May 1, 2008

• Court May Order Prison Term for New Crime to be Served Consecutively to Sentence from Another Court
• Supreme Court Disbars, Suspends Attorneys

April 30, 2008

April 23, 2008

• Two Cleveland-Area Attorneys Suspended by Supreme Court
• Delays Caused by Defense Motions in Dismissed Case 'Toll' Speedy Trial Time Limit Under New Indictment

April 17, 2008

• Court Holds ODJFS Must Disclose Foster Parent Names, Addresses Not Covered by Legal Exception

April 16, 2008

April 9, 2008

• Supreme Court Holds Death Row Inmate is Mentally Retarded, Ineligible for Death Penalty
• Failure to Include Mental State in Indictment May Be 'Structural' Error That May be Raised on Appeal
• Court Clarifies Test to Determine if Crimes Are 'Allied Offenses of Similar Import'

April 3, 2008

• Reckless Driving Conviction Does Not Bar Later 'Failure to Comply' Conviction Based on Same Events
• Supreme Court Suspends Lakewood, St. Clairsville Attorneys

April 2, 2008

March 26, 2008

• Merchant's Notation of Interest Charge on Statement Does Not Meet Requirement of 'Written Contract'
• Civil Rights Commission Must Subpoena Witness for Accused During Investigation Stage of Case
• Theft is a 'Lesser Included Offense' of Robbery

March 20, 2008

• Criminal Sentence Without Required Post-Release Control Is Void, Offender Must Be Resentenced
• Supreme Court Disbars Cleveland Attorney, Suspends Three

March 19, 2008

March 13, 2008

• Federal Harbor Workers' Act Preempts Ohio Civil Suit For Intentional Workplace Tort
• Court Overturns Summary Judgment Dismissing Police Chief's Defamation Suit Against City

March 12, 2008

• Challenge to County's Allocation of State Tax Funds Must Follow Appeal Statute Regardless of Formula
• Tax Exemption Should Be Based on Owner's 'Prospective Use' of Property as of Tax Lien Date
• Courts Should Tell Jurors to Disregard Evidence That Supports Equivalent of 'Diminished Capacity' Defense

March 6, 2008

• Court Rules Judge Not Personally Liable For Acting 'In Excess' of Jurisdiction
• When Concurrent Sentences Are Imposed, Pretrial Jail Time Must Be Counted Against Each Sentence
• Akron Attorney Suspended From Practice

March 5, 2008

Feb. 21, 2008

• Court Upholds Workers Comp Subrogation Law, 10-Year Time Limit for Suing Manufacturers

Feb. 20, 2008

• Judge May Seek Guidance From Civil Rules When No Applicable Criminal Rule Exists
• Sex Offender Who Owned Home, Committed Crime Before Residency Law Passed Not Required to Move

Feb. 15, 2008

Feb. 14, 2008

• Court Rules Columbia Gas Property Taxable at Rate for 'Pipeline Company,' Not 'Gas Company' Rate
• Judge's Failure to Disclose Term of Post-Release Control Invalidates Defendant's Guilty Plea
• Trial Court Must Hold Evidentiary Hearing on Motion Seeking Prejudgment Interest
• Columbus Attorney Suspended From Practice

Feb. 13, 2008

Feb. 6, 2008

• Former Employee's Use of Client Information from Memory Violates Trade Secrets Act
• Interest in Unassigned Residue of Trust Passes to Statutory Heirs of Testator at Time of His/Her Death

Feb. 5, 2008

Jan. 31, 2008

• Consumer's Recovery From Lender Limited to Total of Payments Made on Defective Vehicle
• Local Red Light, School Zone Camera Ordinances Do Not Exceed Cities' 'Home Rule' Authority

Jan. 30, 2008

Jan. 17, 2008

• Liquor Law Authorizes Permit Suspension Only When Current Employee Convicted of Felony
• Party Moving for Summary Judgment Not Required to Anticipate Opponent's Affirmative Defenses
• Supreme Court Indefinitely Suspends Solon, Lorain Attorneys

Jan. 16, 2008

• Law Requiring Prison Terms for Some Crimes Does Not Mandate Consecutive Sentences

Jan. 3, 2008

• Supreme Court Affirms Death Sentence in 2000 Murder of Newark Woman