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.

2006

Thursday, Dec. 28, 2006

• Private Mental Health Services Contractor Is Not ‘Public Office’ Subject to Open Records Statute
• ‘Battered Woman’ Expert Testimony Admissible When Alleged Victim’s Credibility Challenged
• Court Denies Writ To Compel Production of Akron Firefighter Information, Promotion Test Materials

Wednesday, Dec. 27, 2006

• Political Subdivision May Be Liable for Accident that Occurs Beyond its Limits
• Felony Intimidation Charge Does Not Require Threat to Engage in Unlawful Conduct
• Supreme Court Disbars Two, Suspends Three Attorneys
• Court Sets Guidelines for Labor Relations Services That May Be Provided By Nonlawyers
• Supreme Court Suspends Two Attorneys For Failure to Resolve Child Support Arrearages
• Governor Taft Reprimanded

Tuesday, Dec. 26, 2006

• Supreme Court Reinstates Order Granting New Trials for Gondor, Resh
• Twinsburg Attorney Receives One-Year Suspension

Wednesday, Dec. 20, 2006

• Court Holds Evidence of Medical Bill ‘Write-Offs’ Not Barred by Collateral Source Rule
• Charge is ‘Pending’ for Speedy Trial Purposes When Accused Is Indicted, Held or Released on Bail
• Workers’ Comp Law Sets No ‘Survival’ or ‘Cognizance’ Requirement for Scheduled Loss Benefit
• Court Holds Prohibition Action Was Wrong Vehicle to Challenge Cleveland Traffic Camera Ordinance
• Supreme Court Vacates Writ: Muni Judge May Conduct Contempt Proceeding Against Sheriff
• Former Geauga County Attorney Disbarred

Wednesday, Dec. 13, 2006

• Murderer’s Convictions, Death Sentence Upheld; Resentencing Ordered on Non-Capital Offenses
• Supreme Court Affirms Death Sentence for Guernsey County Man
• When Referendum Delaying New Law Ruled Invalid New Provisions Take Effect on Date of Invalidation
• Doctor Treating Patient at University Hospital Is Acting as State Employee When Engaged in Teaching
• Executor of LLC Member’s Estate May Exercise All Powers Decedent Held as Living Member
• Landowners Whose Property Extends into Roadway Right-Of-Way Must OK ‘Expedited’ Annexation
• Court Rules Monthly Fee for Cable TV Converter Boxes Subject to State Sales Tax

Friday, Dec. 8, 2006

• Cincinnati Ordinance Held ‘Not In Conflict’ With State Law Regulating Semiautomatic Rifles

Wednesday, Dec. 6, 2006

• Court Holds Workers’ Comp Support Firm Practices Are Not Unauthorized Practice of Law
• Increase In Value of Insurance Policies From Interest, Dividends Is Not Tax-Deferred ‘Appreciation’

Wednesday, Nov. 29, 2006

• Court Limits Polygraph Orders in Juvenile Cases, Bars Compulsion of Self-Incriminating Statements
• Non-Attorney Corporate Officer’s Filing of Tax Valuation Appeal is Not Unauthorized Practice of Law
• Court Upholds PUCO Allowance of Changes In Electric Utilities’ Accounting Procedures
• Cleveland Attorney Suspended for Two Years

Wednesday, Nov. 22, 2006

• Supreme Court Suspends Centerville and Columbus Attorneys
• Supreme Court Remands CG&E Rate Plan to PUCO for New Proceedings on Two Issues
• Gain From Sale of Stock Owned by ‘Small Business Trust’ Subject to State Income Tax

Monday, Nov. 20, 2006

• ‘Home Rule’ City May Not Adopt Predatory Lending Ordinance That Bans Practices Allowed by State Law

Wednesday, Nov. 15, 2006

• Court Disbars Youngstown Attorney, Three Others Indefinitely Suspended

Wednesday, Nov. 8, 2006

• Court Holds Consumer Sales Practices Act Allows Recovery for Economic and Non-Economic Damages
• Crime Victim’s Statement To Nurse During Treatment Held Non-Testimonial, Admissible at Trial
• Error In Assigning Judge Is Ground for Objection, But Does Not Deprive Trial Court of Jurisdiction

Wednesday, Nov. 1, 2006

• Court Suspends Four Attorneys

Wednesday, Oct. 25, 2006

• Court Affirms Death Sentence in 2003 Butler County Killing
• Supreme Court Upholds Constitutionality of State Law Authorizing Charter Schools
• ‘No Suitable Relative’ Finding Not Required When Court Decides Permanent Custody of Neglected Child
• Court Suspends ‘Naked Photographer’

Wednesday, Oct. 18, 2006

• Court Affirms Death Sentence in ‘Drive-By’ Shooting That Killed Youngstown Infant

Wednesday, Oct. 11, 2006

• Court Says Statute Provides Only Basis for Waiver of Confidential Lawyer-Client Communications

Wednesday, Oct. 4, 2006

• Death Penalty Affirmed for Gang-Related Double Murder
• Action Commenced When Complaint Filed, Despite Clerk’s Improper Delay in Serving Defendant
• Private Entity Subject to Public Records Act Only If ‘Functional Equivalent’ of Public Agency

Tuesday, Oct. 3, 2006

• Court Rules That It Lacks Jurisdiction To Decide Campaign Finance Disclosure Dispute

Wednesday, Sept. 27, 2006

• Court Upholds PUCO Ruling that Dayton Power May Recover Billing Changeover Costs from All Customers
• Indictment for Charged Offense Is Valid Without Listing Elements of Underlying ‘Predicate’ Offense

Wednesday, Sept. 20, 2006

• Supreme Court Affirms Death Sentence for Rape and Murder of Akron 12-Year-Old
• Probate Court Must Wait for Determination of Paternity Before Proceeding With Child’s Adoption
• Court Suspends Bay Village Attorney

Wednesday, Sept. 13, 2006

• When Supreme Court Denies Review, Disputed Issue Between the Parties Is Settled According to Lower Court’s Ruling
• Suspect’s Understanding of Miranda Rights May Be Inferred From Totality of Circumstances
• Defense Motion Stops Running of Speedy Trial ‘Clock,’ But U.S. Immigration Detainer Does Not
• Court Disbars Strongsville Lawyer, Suspends Dayton Attorney
• Attorneys Seeking Court Appointments Not Required to File Patriot Act Form Regarding Terror Groups

Wednesday, Sept. 6, 2006

• Court Ruling Requiring Medical Examination In Workers’ Comp Case Is Not Final, Appealable Order
• ‘License Resque’ Service Operator Fined $50,000 For Unauthorized Practice of Law
• Children’s Services Agency Must Request Child’s Placement In ‘Permanent Living Arrangement’
• Court Suspends Cincinnati, Cleveland Lawyers

Wednesday, Aug. 30, 2006

• Statutory ‘Speedy Trial’ Deadlines Do Not Apply When Appealed Case Remanded for Retrial
• Court Order Finding Defendant Incompetent and Committing Him for Treatment is Final, Appealable
• Equitable and Promissory Estoppel Claims Barred When City Performing Government Function
• Central Ohio Attorneys Disbarred, Suspended Mansfield Judge Receives Stayed Suspension
• Juvenile Court Must Hold Hearing Before Closing Proceedings, Make Docket Entries Accessible

Wednesday, Aug. 23, 2006

• Self-Insured Employer May Not Require Injured Worker to Use In-House Treatment Facility
• Medina County Lawyer Disbarred, Two Others Suspended

Wednesday, Aug. 16, 2006

Wednesday, Aug. 9, 2006

• Fraudulent ‘Buyer’ of Vehicle Cannot Convey Valid Title to Subsequent Buyer
• Court Suspends Three Attorneys

Wednesday, Aug. 2, 2006

• Court Affirms Murder Conviction, But Vacates Death Sentence In Trumbull County Shooting
• PUCO Has Sole Jurisdiction Over Utility Rate Dispute, Even When Breach of Contract Asserted
• Cincinnati Attorney Receives Two-Year Suspension

Wednesday, July 26, 2006

• Expert Witness Testimony Must Establish Scientific Link Between Work Hazard and Injury or Illness
• Portion of Eminent Domain Law Unconstitutional, Norwood Taking for Development Overturned
• Officer’s Observation of Violation of Non-Approved Traffic Sign Can Be Basis for Valid Traffic Stop
• Steubenville Attorney Suspended

Friday, July 21, 2006

• Court Defines Scope of Executive Privilege, Says Dann Has All Taft’s BWC-Related Reports

Wednesday, July 19, 2006

• Parent Whose Rights Have Been Terminated May Not Petition for Custody of Child as Nonparent
• When Deposition and Affidavit Differ, Court Must Decide if They Are Contradictory or Supplemental
• Increase in Claimant’s Earnings After Injury Does Not Increase Subsequent Workers’ Comp Award
• Cincinnati Attorney’s License Suspended

Wednesday, July 12, 2006

• Evidence Obtained Through Un-Mirandized Statement In Police Custody Held Inadmissible
• Spousal/Child Support Orders Reduced to Lump-Sum Judgment Subject to Dormancy/Revival Statute
• A Court’s Requirement of Videotaped Testimony Does Not Violate Claimant’s Fair Trial Rights
• Jury Trials Not Permitted in Cases Referred to Private Judges, Courts May Allow Use of Facilities
• Rocky River Lawyer Suspended

Wednesday, July 5, 2006

• Conviction for Complicity Does Not Require State to Prove Identity of Principal Offender

Wednesday, June 28, 2006

• Court Denies New Trial In Murder Case, Resentencing Order Still In Effect
• Landlord Who Meters Tenants’ City Water Usage and Adds Administrative Charge Is Not a ‘Public Utility’
• ‘Agricultural’ Tax Valuation of Land Requires Non-Timbered Portion to Meet Statutory Criteria
• Wrongly Rejected Bidder May Not Recover ‘Lost’ Profit From City as Damages

Wednesday, June 21, 2006

• Court Affirms Death Sentence of Columbus Killer
• Court Extends Lawyer’s License Suspension

Wednesday, June 14, 2006

• Sales Practice Must Be ‘Substantially Similar’ to Banned Act or Practice to Support Class Action Suit
• Court Affirms Sentencing Order Requiring Restitution to Victim’s Insurance Company
• ‘Canned’ Computer Application Software Held Taxable as Tangible Business Property
• Court Disbars One Attorney, Suspends Another

Tuesday, June 13, 2006

• Court Orders Documents Turned Over For Inspection

Wednesday, June 7, 2006

• Supreme Court Disbars Hamilton, Cleveland Heights Attorneys
• Vehicle, Fuel Tax Revenues May Not Be Used to Pay County's Liability Insurance Premiums

Wednesday, May 31, 2006

• Court Affirms Toledo Drug Killer’s Conviction, Reverses Death Sentence
• Law Voiding Pre-Existing Child Support Arrearage Judgments Held Unconstitutional
• Sexual Abuse Claims Against Church Must be Filed Within Two-Year Statutory Time Limit
• Court Suspends Three Attorneys

Wednesday, May 24, 2006

• Enhanced Sentencing as 'Major Drug Offender' Requires Some Amount of Controlled Substance

Wednesday, May 17, 2006

• Insurer Must Defend Law Enforcement Liability Claim If Alleged Conduct 'Could' Be Covered
• PUCO Authority to Close Railroad Crossings Does Not Violate City's 'Home Rule' Powers
• Toledo Attorney Disbarred

Wednesday, May 10, 2006

• Right to Convert Sick Leave to Cash Applies Only When Public Employee Eligible to Retire
• Local Court Rule Does Not Determine End of Lawyer/Client Relationship in Malpractice Claim
• Court Disbars Former Cincinnati Attorney

Wednesday, May 3, 2006

• FirstEnergy Electric Rate ‘Stabilization Plan’ Remanded to PUCO
• Former Insurance Statute Allowed Auto Policies to Limit UM/UIM Coverage to Injured Insureds
• Court Disbars Cleveland Attorney, Suspends Two

Wednesday, April 26, 2006

• City May Not Demand Copy of Employee’s Tax Return as Part of Residency Investigation
• Avon Lake Attorney’s License Suspended

Wednesday, April 19, 2006

• ‘Saving Statute’ Time Limit Applies in Employer’s Appeal of Workers’ Compensation Award
• Court Indefinitely Suspends Columbus Attorney

Thursday, April 13, 2006

• Limited Executive Privilege Recognized for Governor

Wednesday, April 12, 2006

• Dayton Killer's Death Sentence Affirmed

Wednesday, April 5, 2006

• Court Affirms Death Sentence in 2003 Warren County Killing
• Auditor's Subpoena Upheld for Records of Oriana Affiliate, Denied for CEO's Papers
• Health District May Require Sanitary Sewer Connection When Annexation Is Condition
• Supreme Court Disbars Cleveland Attorney, Suspends Another

Wednesday, March 29, 2006

• Bank Not Liable to Prospective Borrower When Employee's Act Not In ‘Scope of Employment’
• Court Holds City May Require Annexation as Condition for Continuing to Supply Water Service
• Award of Custody to Nonparent Does Not Require Finding Child's Noncustodial Parent Unsuitable
• Injured Patient May Not Sue for Damages Unless There Were Explicit Threats of Imminent Harm
• Supreme Court Indefinitely Suspends License of Cleveland Attorney

Wednesday, March 22, 2006

• Supreme Court Disbars Former Prosecutor, Suspends Three for Professional Misconduct

Monday, March 20, 2006

• Court Holds Each Employee Comp-Time Form Counts as Destroyed ‘Record’ In Akron Case
• Court Holds Criminal Sentences Must Be Reviewed Individually, Not As ‘Package’

Friday, March 17, 2006

• City Citations for Lead Paint Violations Must Be Disclosed Under Ohio Public Records Law

Wednesday, March 15, 2006

• Title Policy Delivered After Closing is Binding, Presumed to Offer ‘Usual and Customary’ Terms
• State May Use Garnishment, Other Methods to Collect Court Costs from Indigent Offender
• Medical Research Files Exempt From Disclosure Under Exception to Public Records Act

Wednesday, March 8, 2006

• Court Affirms Conway Conviction, Death Sentence
• Court Affirms that Permanently Replaced Strikers Are Eligible For State Unemployment Benefits
• Court Suspends Mason Attorney

Monday, March 6, 2006

• Local Court Told to Mandate Specified Daily Flow of Cuyahoga River Past Akron Dam

Friday, March 3, 2006

• Parents May Sue for Pregnancy, Birth Costs But Not Other Damages In ‘Wrongful Birth’ Actions

Wednesday, March 1, 2006

• State Courts May Use Federal Standard to Determine When Arbitration Clauses Apply
• Clerk of Courts May Delay Compliance With Public Records Request to Redact Social Security Numbers

Monday, Feb. 27, 2006

• Parts of Ohio Felony Sentencing Scheme Held Unconstitutional Per U.S. Supreme Court Ruling

Wednesday, Feb. 22, 2006

• Supreme Court Suspends Three Attorneys

Wednesday, Feb. 15, 2006

• Supreme Court Disbars Two, Indefinitely Suspends Wauseon Attorney

Wednesday, Feb. 8, 2006

• Packaging Unaltered Auto Parts Into ‘Kits’ for Shipping Is Not ‘Processing’ Under Tax Law
• Application For Property Tax Exemption Must Include Certification of Paid-Up Current Taxes

Wednesday, Feb. 1, 2006

• Court Affirms Conviction for Lebanon Prison Murder, Orders New Sentencing Process
• Law Creating Substantive Right That Conflicts With Court Rule Upheld As Constitutional
• Court Rules Janitorial Services Used by General Contractors are Subject to Use Tax

Wednesday, Jan. 25, 2006

• Court Affirms Death Sentence for Mansfield Prison Killing
• Columbus Attorney's License Indefinitely Suspended

Wednesday, Jan. 18, 2006

• Court Affirms Convictions, Death Sentence in Galena Double Murder Case

Friday, Jan. 13, 2006

• Parole Authority May Not Impose Postrelease Control If Defendant Not Informed at Sentencing

Wednesday, March 2, 2005

Wednesday, Feb. 2, 2005