774 N.E.2d 1226Supreme Court of Ohio. 2002. ADMINISTRATIVE ACTIONS Case Announcements and Administrative Actions September 12, 2002 It appearing to the court that access to the Rhodes State Office Tower and, therefore, to the Supreme Court’s Clerk’s Office, was inhibited on September 11, 2002, IT IS ORDERED BY THE COURT, sua sponte, that documents due […]
Category: Ohio Supreme Court Opinions
BOSHER v. EUCLID INCOME TAX BD. OF REV., 99 Ohio St.3d 330 (2003)
2003-Ohio-3886, 792 N.E.2d 181 Bosher et al., Appellees, v. Euclid Income Tax Board of Review; City of Euclid et al., Appellants. No. 2002-0984.Supreme Court of Ohio.Submitted June 4, 2003. Decided August 6, 2003. Appeal from the Court of Appeals for Cuyahoga County, No. 80240,2002-Ohio-2671. Francis E. Sweeney, Sr., J. {¶ 1} In 1998, appellees, William […]
STATE v. STETSON, 10 Ohio St.2d 64 (1967)
225 N.E.2d 222 THE STATE OF OHIO, APPELLEE v. STETSON, APPELLANT. No. 40499Supreme Court of Ohio. Decided April 5, 1967. Criminal procedure — Preliminary hearing without counsel — Plea of guilty — Admission of such plea in evidence at trial — Due process — Constitutional right violated. APPEAL from the Court of Appeals for Lake […]
COMMUNITY HOUS. NETWORK v. STOYER, 106 Ohio St.3d 1500 (2005)
2005-Ohio-4608, 833 N.E.2d 1244 Community Hous. Network v. Stoyer. No. 2005-1354.Supreme Court of Ohio. September 6, 2005. Franklin App. No. 05AP-711. MISCELLANEOUS DISMISSALS This cause is pending before the court as a discretionary appeal and claimed appeal of right. It appears from the records of this court that the appellant has not filed a memorandum […]
TUCKER v. POPE, 126 Ohio St.3d 1514 (2010)
2010-Ohio-3331 Tucker v. Pope. No. 2010-0691.Supreme Court of Ohio. July 21, 2010. Miami App. No. 2009 CA 30, 2010-Ohio-995. Appeals not Accepted for Review.
STATE v. MORA, 106 Ohio St.3d 1542 (2005)
2005-Ohio-5343, 835 N.E.2d 725 STATE v. MORA. No. 2005-1575.Supreme Court of Ohio. October 12, 2005. Wayne App. No. 05CA0039. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., PFEIFER and LUNDBERG STRATTON, JJ., dissent.
STATE v. NAWASH, 107 Ohio St.3d 1409 (2005)
2005-Ohio-5859, 836 N.E.2d 1229 State v. Nawash. 2005-1389.Supreme Court of Ohio. November 9, 2005. Cuyahoga App. No. 85032, 2005-Ohio-3012. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL, J., dissents.
PEVETS v. CRAIN COMMUNICATIONS, INC., 129 Ohio St.3d 1419 (2011)
2011-Ohio-3572, 950 N.E.2d 566 Pevets v. Crain Communications, Inc. No. 2011-1220.Supreme Court of Ohio. July 21, 2011. Motion And Procedural Ruling. Ottawa App. No. OT-10-023, 2011-Ohio-2700. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Review of the memorandum in support of jurisdiction of appellant reveals that it […]
STATE, EX REL. v. TRUSTEES, 147 Ohio St. 256 (1946)
70 N.E.2d 890 THE STATE, EX REL. LANTZ v. BOARD OF TRUSTEES OF FRANKLIN TOWNSHIP, FRANKLIN COUNTY. No. 30842Supreme Court of Ohio. Decided December 26, 1946. Mandamus — Writ issued only where clear legal right appears — Petition to incorporate village — Discrepancy between description of territory in incorporation petition and map — Township trustees […]
STATE, EX REL. SHKURTI, v. WITHROW, 32 Ohio St.3d 424 (1987)
513 N.E.2d 1332 THE STATE, EX REL. SHKURTI, DIRECTOR, OFFICE OF BUDGET AND MANAGEMENT, v. WITHROW, TREASURER. No. 87-1314Supreme Court of Ohio. Decided September 21, 1987. Unemployment compensation — Federal Unemployment Tax Act — Section 3301 et seq., Title 26, U.S. Code — Advances of federal funds to state programs — Mandamus action to compel […]
HUFF v. FIRST ENERGY CORP., 2010-0857 (11-30-2011)
2011-Ohio-6124 Huff v. First Energy Corp. No. 2010-0857.Supreme Court of Ohio. November 30, 2011. RECONSIDERATION OF PRIOR DECISION Trumbull App. No. 2009-T-0080, 2010-Ohio-1456. Reported at ___ Ohio St.3d ___, 2011-Ohio-5083, ___ N.E.2d ___. On motion for reconsideration. Motion denied. Page 12
AAUP v. CENT. STATE UNIV., 83 Ohio St.3d 229 (1998)
699 N.E.2d 463 AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, CENTRAL STATE UNIVERSITY CHAPTER, APPELLEE AND CROSS-APPELLANT, v. CENTRAL STATE UNIVERSITY, APPELLANT AND CROSS-APPELLEE. No. 97-568Supreme Court of Ohio.Submitted March 4, 1998. Decided September 30, 1998. APPEAL and CROSS-APPEAL from the Court of Appeals for Greene County, No. 96-CA-21. Plaintiff-appellee and cross-appellant, American Association of University Professors, […]
WATTERSON v. DIS. COUNSEL, 114 Ohio St.3d 1422 (2007)
2007-Ohio-2904 State ex rel. Watterson v. Disciplinary Counsel. No. 2007-0542.Supreme Court of Ohio. June 20, 2007. Appeal from the In Mandamus. Merit Decisions Without Opinions. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.
SCHWER v. RD. CO., 161 Ohio St. 15 (1954)
117 N.E.2d 696 SCHWER, ADMX., APPELLEE v. THE NEW YORK, CHICAGO ST. LOUIS RD. CO., APPELLANT. No. 33238Supreme Court of Ohio. Decided February 17, 1954. Negligence — Employer’s duty to promulgate and enforce safety rules — Whether reasonable care used in exercising such duty — A jury question — Facts considered in determining — Evidence […]
MERIT DOCKET, 68 Ohio St.3d 1404 (1993)
623 N.E.2d 561-568Supreme Court of Ohio. 1993. MERIT DOCKET Wednesday, December 15, 1993 93-484. Bass v. Logan Cty. Court of Common Pleas. In Prohibition. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. 93-735. Wright v. Bloom. Summit County, No. 15665. […]
STATE EX REL. v. INDUS. COMM., 83 Ohio St.3d 334 (1998)
699 N.E.2d 942 THE STATE EX REL. WESSEL, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 96-2500Supreme Court of Ohio.Submitted August 19, 1998. Decided October 7, 1998. APPEAL from the Court of Appeals for Franklin County, No. 95APD11-1520. Ticktin, Baron, Koepper Co., L.P.A., and Harold Ticktin, for appellant. Betty D. Montgomery, Attorney General, […]
STATE v. DUNN, 128 Ohio St.3d 1460 (2011)
2011-Ohio-1829, 945 N.E.2d 523 State v. Dunn. No. 2011-0155.Supreme Court of Ohio. April 20, 2011. Lorain App. No. 09CA009662, 2010-Ohio-6053. Appeals not Accepted for Review.
BUTLER TOWNSHIP v. MONTGOMERY BD. COMMRS., 112 Ohio St.3d 262 (2006)
2006-Ohio-6411 THE STATE EX REL. BUTLER TOWNSHIP BOARD OF TRUSTEES ET AL., APPELLEES, v. MONTGOMERY COUNTY BOARD OF COUNTY COMMISSIONERS; CUNNINGHAM ET AL., APPELLANTS. No. 2005-1685.Supreme Court of Ohio.Submitted May 24, 2006. Decided December 13, 2006. APPEAL from the Court of Appeals for Montgomery County, No. 20725, 162 Ohio App.3d 394, 2005-Ohio-3872. ALICE ROBIE RESNICK, […]
ROBERTS v. FRAZIER, 108 Ohio St.3d 1500 (2006)
2006-Ohio-1275, 844 N.E.2d 354 Roberts v. Frazier. No. 2006-0449.Supreme Court of Ohio. March 21, 2006. Montgomery App. No. 20989, 2006-Ohio-312. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s motion for stay of the court of appeals judgment, IT IS ORDERED by the court that […]
STATE EX REL. HAYBURN v. KIEFER, 68 Ohio St.3d 132 (1993)
624 N.E.2d 699 THE STATE EX REL. HAYBURN v. KIEFER, SHERIFF. No. 93-23Supreme Court of Ohio.Submitted December 7, 1993 — Decided December 16, 1993. IN QUO WARRANTO. Relator, Edgar Hayburn, was elected sheriff of Jackson County in 1984 and reelected in 1988. Respondent, Gregg E. Kiefer, was nominated as the Republican candidate for sheriff at […]
OLMSTEAD v. LUMBERMENS MUTL. INS. CO., 22 Ohio St.2d 212 (1970)
259 N.E.2d 123 OLMSTEAD, TRUSTEE, ET AL., APPELLANTS, v. THE LUMBERMENS MUTUAL INS. CO., APPELLEE. No. 69-343Supreme Court of Ohio. Decided May 27, 1970. Insurance — Construction of policy — Charge to jury — Plain, ordinary meaning of contractual terms — “Collapse” construed — “Collapse of structure” a caving into an unorganized mass — “Landslide” […]
DANIS CLARKO v. CLARK SOLID WASTE, 73 Ohio St.3d 590 (1995)
653 N.E.2d 646 DANIS CLARKCO LANDFILL COMPANY, APPELLEE AND CROSS-APPELLANT, v. CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT, CROSS-APPELLEE; OGDEN MARTIN SYSTEMS, INC., APPELLANT AND CROSS-APPELLEE. No. 94-1047Supreme Court of Ohio.Submitted May 23, 1995 — Decided September 6, 1995. Page 591 APPEAL and CROSS-APPEAL from the Court of Appeals for Clark County, No. 3048. The Clark […]
STATE v. PERRY, 2007-1065 (10-2-2007)
2007-Ohio-5231 State v. Perry. No. 2007-1065.Supreme Court of Ohio. October 2, 2007. APPEALS ACCEPTED FOR REVIEW Trumbull App. No. 2006-T-0078, 2007-Ohio-2050. Page 9
HOMEQ SERVICING v. SCHWAMBERGER, 119 Ohio St.3d 1444 (2008)
2008-Ohio-4487 HomEq Servicing Corp. v. Schwamberger. No. 2008-1284.Supreme Court of Ohio. September 10, 2008. Scioto App. No. 07CA3146, 2008-Ohio-2478. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2007-0558, Wilborn v. Bank One Corp., Mahoning App. No. 04-MA-182, 2007-Ohio-596; and briefing schedule stayed. Motion to consolidate denied. PFEIFER, J., dissents.
STATE v. SOMMERFIELD, 117 Ohio St.3d 1498 (2008)
2008-Ohio-2028 State v. Sommerfield. No. 2008-0126.Supreme Court of Ohio. May 7, 2008. Union App. No. 14-07-09, 2007-Ohio-6427. APPEALS NOT ACCEPTED FOR REVIEW. PFEIFER, J., dissents. LUNDBERG STRATTON, J., dissents and would accept the appeal on Proposition of Law No. I. CUPP, J., not participating.
STATE v. FRANKS, 109 Ohio St.3d 1454 (2006)
2006-Ohio-2226, 847 N.E.2d 4 STATE v. FRANKS. 2006-0586.Supreme Court of Ohio. May 10, 2006. Franklin App. No. 04AP-1370, 2005-Ohio-5923. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.
HOWARD v. CLERMONT CTY., 114 Ohio St.3d 1502 (2007)
2007-Ohio-4285 State ex rel. Howard v. Clermont Cty. Court of Common Pleas. No. 2007-1154.Supreme Court of Ohio. August 29, 2007. In Mandamus. Merit Decisions without Opinions On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.
IN RE DISQUALIFICATION OF PARROTT, 94 Ohio St.3d 1223 (2001)
763 N.E.2d 594 In re Disqualification of Parrott. Hildreth Mfg., LLC et al. v. Semco, Inc. No. 01-AP-004.Supreme Court of Ohio. Decided February 6, 2001. On Affidavit of Disqualification in Marion County Court of Common Pleas case No. 99CV0195. MOYER, C.J. This affidavit of disqualification filed by Donell R. Grubbs, counsel for plaintiff, seeks the […]
HAZEL v. BENDER, 126 Ohio St.3d 1518 (2010)
2010-Ohio-3331 State ex rel. Hazel v. Bender. No. 2009-2309.Supreme Court of Ohio. July 21, 2010. Franklin App. No. 09AP-288, 2009-Ohio-6326. Reported at 125 Ohio St.3d 448, 2010-Ohio-2112, 928 N.E.2d 1092. Reconsideration of Prior Decisions. On motion for reconsideration. Motion denied.
STATE EX REL. INC. v. WOODALL, 91 Ohio St.3d 573 (2001)
747 N.E.2d 822 The State ex rel. Knight-Ridder, Inc., d.b.a. Beacon Journal Publishing, Appellant, v. Woodall et al., Appellees. No. 00-2101.Supreme Court of Ohio.Submitted April 24, 2001. Decided June 6, 2001. Appeal from the Court of Appeals for Franklin County, No. 99AP-1407. The judgment of the court of appeals is affirmed consistent with the opinion […]
DISCIPLINARY COUNSEL v. McCULLY, 102 Ohio St.3d 1215 (2004)
2004-Ohio-2238, 807 N.E.2d 928 Disciplinary Counsel v. McCully. No. 2002-1138.Supreme Court of Ohio.Submitted April 14, 2004. Decided April 15, 2004. ON APPLICATION FOR REINSTATEMENT. {¶ 1} This cause came on for further consideration upon the filing of an application for reinstatement by respondent, Joanne McCully, Attorney Registration No. 0050039, last known business address in Cleveland, […]
STATE v. SEAGRAVES, 125 Ohio St.3d 1448 (2010)
2010-Ohio-2510 State v. Seagraves. No. 2010-0476.Supreme Court of Ohio. June 9, 2010. Delaware App. No. 09 CAA 04 0033, 2010-Ohio-308. Appeals Not Accepted for Review.
BROWN v. BUTLER CTY. BD. OF ELECT., Unpublished Decision (3-22-2006)
2006-Ohio-1250 State ex rel. Brown v. Butler Cty. Bd. of Elections, 2006-Ohio-1292. No. 2006-0418.Supreme Court of Ohio. March 22, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS In Prohibition. Writ denied. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in […]
STATE v. SMITH, 127 Ohio St.3d 1539 (2011)
2011-Ohio-542, 941 N.E.2d 85 State v. Smith. No. 1996-0677.Supreme Court of Ohio. February 8, 2011. Butler App. No. CR95050471. MOTION AND PROCEDURAL RULINGS. This cause came on for further consideration upon appellee/cross-appellant’s motion to set execution date and appellant/cross-appellee’s motion to stay setting of execution date. Upon consideration thereof, it is ordered by the court […]
MERIT DECISIONS WITH OPINIONS, Unpublished Decision (10-30-2002)
MERIT DECISIONS WITH OPINIONSSupreme Court of Ohio. October 30, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 1999-1249. State v. Gross, 2002-Ohio-5524. Muskingum C.P. No. CT-96-055. Judgment affirmed in part and cause remanded for resentencing. Cook, J., concurs. Moyer, C.J., and Douglas, J., concur in judgment only. Pfeifer, J., concurs […]
INDUSTRIAL COMM. v. LINK, 122 Ohio St. 181 (1930)
171 N.E. 99 INDUSTRIAL COMMISSION OF OHIO v. LINK. No. 22008Supreme Court of Ohio. Decided March 19, 1930. Workmen’s compensation — Appeal — Section 1465-90 (109 O. L., 291) — Participation denied upon jurisdictional ground going to basis of claimant’s right — Claimant found fully compensated, upon reexamination before former compensation all paid — Evidence […]
POLLOCK v. BRIGANO, 85 Ohio St.3d 1464 (1999)
709 N.E.2d 171 POLLOCK v. BRIGANO. No. 99-235.Supreme Court of Ohio. April 28, 1999 APPEAL from Warren App. No. CA97-12-124. MOYER, C.J., and COOK, J., dissent.
STATE v. ZACHERY, 79 Ohio St.3d 1205 (1997)
679 N.E.2d 717 THE STATE OF OHIO, APPELLANT, v. ZACHERY, APPELLEE. No. 96-1029Supreme Court of Ohio.Submitted May 7, 1997 — Decided June 18, 1997. Page 1206 APPEAL from the Court of Appeals for Montgomery County, No. CA 15267. Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Jeffrey M. Patzer, Assistant Prosecuting Attorney, for appellant. […]
STATE v. HYMORE, 9 Ohio St.2d 122 (1967)
224 N.E.2d 126 THE STATE OF OHIO, APPELLANT v. HYMORE, APPELLEE. No. 40058Supreme Court of Ohio. Decided March 1, 1967. Criminal procedure — Manslaughter — Evidence — Relevant antecedent circumstances — State of accused’s mind — Police officer’s response to preliminary routine questions — Statements admissible. Where a police officer, who is later charged with […]
STATE v. WEBB, 129 Ohio St.3d 1411 (2011)
2011-Ohio-3244, 949 N.E.2d 1005 State v. Webb. No. 2011-0684.Supreme Court of Ohio. July 6, 2011. Richland App. No. 07CA43. Appeals not Accepted for Review.
TRUMBULL CTY. BAR ASSN. v. JOSEPH, 58 Ohio St.3d 258 (1991)
569 N.E.2d 883 TRUMBULL COUNTY BAR ASSOCIATION v. JOSEPH. No. 90-2086Supreme Court of Ohio.Submitted November 28, 1990 — Decided April 3, 1991. Attorneys at law — Misconduct — Public reprimand — Advertising in telephone directory as “specializing in” the field of medical malpractice. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline […]
MAHONING CTY. BAR v. DIMARTINO, 124 Ohio St.3d 360 (2010)
2010-Ohio-247 MAHONING COUNTY BAR ASSOCIATION v. DIMARTINO. Page 361 No. 2009-1534.Supreme Court of Ohio.Submitted October 20, 2009. Decided February 3, 2010. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 08-055. Per Curiam. {¶ 1} Respondent, Dennis A. DiMartino of Youngstown, Ohio, Attorney Registration No. 0039270, was […]
PREFERRED CAPITAL v. MONEY MAILER OF ATLANTA N., 107 Ohio St.3d 1687 (2005)
2005-Ohio-6623 Preferred Capital, Inc. v. Money Mailer of Atlanta N., Inc. 2005-1284.Supreme Court of Ohio. December 15, 2005. Cuyahoga App. No. 85808. Reported at 106 Ohio St.3d 1557, 2005-Ohio-5531, 836 N.E.2d 582. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. MOYER, C.J., LUNDBERG STRATTON and LANZINGER, JJ., dissent.
ADMINISTRATIVE DOCKET, 61 Ohio St.3d 1434 (1991)
575 N.E.2d 845-846Supreme Court of Ohio. 1991. ADMINISTRATIVE DOCKET Wednesday, August 14, 1991 1. Proposed amendments to Gov.Bar R. V(5)(a) will be published for a thirty-day public-comment period. 2. Proposed amendments to Gov.Bar R. I (Admission to the Practice of Law) will be published for a thirty-day public-comment period. 3. Amendments to Gov.Bar R. I(4) […]
STATE EX REL. DIAGNOSTIC BEHAVIORAL v. FELTON, 83 Ohio St.3d 1412 (1998)
698 N.E.2d 437 State ex rel. Diagnostic Behavioral Health Serv., Inc. v. Felton. 98-1397.Supreme Court of Ohio. August 26, 1998 In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. On August 21, 1998, relator filed a motion for extension of time to respond to respondents […]
BROWN v. REESE, 103 Ohio St.3d 1475 (2004)
2004-Ohio-5405, 816 N.E.2d 251 BROWN v. REESE. 2004-1253.Supreme Court of Ohio. October 13, 2004. In Prohibition. On motion to dismiss, motion to amend complaint, request for oral argument, motion for appointment of counsel, and motion for stay. Motion to dismiss sustained. All other motions denied as moot. Cause dismissed. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, […]
MERIT DOCKET, 89 Ohio St.3d 1450 (2000)
731 N.E.2d 1138Supreme Court of Ohio. 2000. MERIT DOCKET ANNOUNCEMENT MONDAY July 17, 2000. MERIT DOCKET00-650. Aristech Chem. Corp. v. Tracy. Board of Tax Appeals, No. 97-M-586. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of the joint motion to affirm the decision and order […]
STATE v. CURRY, 118 Ohio St.3d 1506 (2008)
2008-Ohio-3369 State v. Curry. No. 2008-0163.Supreme Court of Ohio. July 9, 2008. Cuyahoga App. No. 89075, 2007-Ohio-5721. APPEALS NOT ACCEPTED FOR REVIEW.
STATE, EX REL. MOSS, v. SUBORA, 29 Ohio St.3d 66 (1987)
505 N.E.2d 965 THE STATE, EX REL. MOSS, APPELLANT, v. SUBORA, APPELLEE. No. 86-277Supreme Court of Ohio. Decided April 1, 1987. Mandamus — Criminal law — Prisoner seeks double jail time credit for offenses committed in different jurisdictions — Double credit denied. APPEAL from the Court of Appeals for Ross County. Appellant, Calvin L. Moss, […]
STATE v. BRUNNER, 118 Ohio St.3d 515 (2008)
2008-Ohio-2824 THE STATE EX REL. SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE v. BRUNNER, SECY, OF STATE. No. 2008-0478.Supreme Court of Ohio.Submitted April 22, 2008. Decided June 16, 2008. IN MANDAMUS AND PROHIBITION. Per Curiam. I {¶ 1} This is an original action for various extraordinary writs to (1) compel respondent, Secretary of State Jennifer Brunner […]
STRIDSBERG v. GEICO GEN. INS. CO., Unpublished Decision (11-29-2006)
2006-Ohio-6171 Stridsberg v. GEICO Gen. Ins. Co., 2006-Ohio-5855. No. 2005-2128.Supreme Court of Ohio. November 29, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Hamilton App. No. C-040689. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Klatt, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, […]
AKRON BAR ASSOCIATION v. MEYER, 87 Ohio St.3d 324 (1999)
720 N.E.2d 900 Akron Bar Association v. Meyer. No. 99-1574.Supreme Court of Ohio, Columbus County.Submitted October 12, 1999. Decided December 15, 1999. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 98-46. In 1996, respondent, Paul E. Meyer of Peninsula, Ohio, Attorney Registration No. 0050292, was indicted […]
BROWN v. MORGANSTERN, 103 Ohio St.3d 1480 (2004)
2004-Ohio-5405, 816 N.E.2d 255 BROWN v. MORGANSTERN. 2004-1181.Supreme Court of Ohio. October 13, 2004. Trumbull App. No. 2002-T-0164, 2004-Ohio-2930. Page 1481
STATE v. RUSSELL, 104 Ohio St.3d 1404 (2004)
2004-Ohio-6350, 818 N.E.2d 707 State v. Russell. No. 2004-1963.Supreme Court of Ohio. Decided November 30, 2004. Cuyahoga App. No. 83699, 2004-Ohio-5031. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal and claimed appeal of right. It appearing to the court that appellant’s notice of appeal and memorandum in support […]
WILLIAMS v. FARMERS INS. EXCH., 62 Ohio St.3d 1223 (1992)
583 N.E.2d 964 WILLIAMS, APPELLANT, v. FARMERS INSURANCE EXCHANGE OF FARMERS UNDERWRITERS ASSOCIATION ET AL., APPELLEES. No. 90-2438Supreme Court of Ohio.Submitted December 4, 1991 — Decided January 22, 1992. APPEAL from the Court of Appeals for Lucas County, No. L-89-404. Gary F. Kuns, for appellant. Manahan, Pietrykowski, Bamman Delaney and Gerald Kowalski, for appellee Farmers […]
STATE v. OWENS, 103 Ohio St.3d 1491 (2004)
2004-Ohio-5605 State v. Owens. No. 2004-1275.Supreme Court of Ohio. October 27, 2004. Stark App. No. 2003-CA-00370, 2004-Ohio-3262. Discretionary appeal accepted; cause held for the decision in 2003-1048 and 2003-1049, State v. White, Guernsey App. No. 02CA23, 2003-Ohio-2289; and briefing schedule stayed. PFEIFER, J., dissents. Page 1492
STATE EX REL. v. CUYAHOGA CTY., 90 Ohio St.3d 272 (2000)
737 N.E.2d 47 The State ex rel. Plain Dealer Publishing Company v. Court of Common Pleas of Cuyahoga County. No. 00-301.Supreme Court of Ohio.Submitted September 26, 2000. Decided November 8, 2000. In Prohibition. Baker Hostetler L.L.P., Kyle B. Fleming and Jeffrey T. Williams, for relator. Gold, Schwartz Co., L.P.A., Niki Z. Schwartz, Orville E. Stifel […]
BENEFICIAL UNION v. WEINFURTNER, 128 Ohio St. 173 (1934)
190 N.E. 397 GERMAN BENEFICIAL UNION v. WEINFURTNER. No. 24490Supreme Court of Ohio. Decided April 4, 1934. Insurance — Fraternal benefit society — New certificate issued for older certificate preserves no rights under old certificate, when — Payment period and nonforfeiture values preserved, when — Insurance contracts construed most favorably for insured. 1. A new […]
FELTNER v. HMDC, INC., 2008-0430 (2-24-2009)
2009-Ohio-718 The State ex rel. Feltner, appellant, v. Hmdc, Inc. Et al., Appellees. No. 2008-0430.Supreme Court of Ohio.Submitted February 3, 2009. Decided February 24, 2009. APPEAL from the Court of Appeals for Franklin County, No. 07AP-180, 2008-Ohio-467. Casper Casper and Mark A. Summers, for appellant. Richard Cordray, Attorney General, and William R. Creedon, Assistant Attorney […]
STATE v. GALLOWAY, 106 Ohio St.3d 1465 (2005)
2005-Ohio-3490, 830 N.E.2d 1171 State v. Galloway. No. 2005-0297.Supreme Court of Ohio. July 13, 2005. Lucas App. No. L-05-1024. RECONSIDERATION OF PRIOR DECISIONS Reported at 105 Ohio St.3d 1562, 2005-Ohio-2447, 828 N.E.2d 117. On motion for reconsideration. Motion denied.
STATE EX REL. UNTIED v. TAFT, 87 Ohio St.3d 1451 (1999)
719 N.E.2d 967 State ex rel. Untied v. Taft. No. 99-1553.Supreme Court of Ohio. November 24, 1999. MOTION DOCKET In Mandamus. On request for findings of fact and conclusions of law. Request denied. Lundberg Stratton, J., would dismiss.
PETERS v. OHIO STATE LOTTERY COMM., 63 Ohio St.3d 296 (1992)
587 N.E.2d 290 PETERS ET AL., APPELLANTS AND CROSS-APPELLEES, v. OHIO STATE LOTTERY COMMISSION, APPELLEE AND CROSS-APPELLANT. No. 91-331Supreme Court of Ohio.Submitted January 15, 1992 — Decided March 25, 1992. APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 90AP-194. Appellant and cross-appellee Willard Peters selected the winning numbers in the July […]
STATE, EX REL. v. COURT, 154 Ohio St. 237 (1950)
95 N.E.2d 273 THE STATE, EX REL. BLACKBURN v. COURT OF APPEALS FOR FRANKLIN COUNTY ET AL. No. 32305Supreme Court of Ohio. Decided November 15, 1950. Mandamus — Writ not substitute for appeal. IN MANDAMUS. Mr. Roy C. Blackburn, in propria persona. Mr. Herbert S. Duffy, attorney general, Mr. Ralph J. Bartlett, prosecuting attorney, Mr. […]
McGUIRE v. STATE, 126 Ohio St.3d 1534 (2010)
2010-Ohio-3825 McGuire v. State. No. 2009-1811.Supreme Court of Ohio. August 17, 2010. Richland App. No. 08 CA 227, 2009-Ohio-4397. Motion and Procedural Rulings. It is ordered, sua sponte, that this cause is no longer held for the decision in 2008-2502, State v. Bodyke, ___ Ohio St.3d ___, 2010-Ohio-2424, ___ N.E.2d ___. It is further ordered […]
STATE v. PIGOT, 113 Ohio St.3d 1515 (2007)
2007-Ohio-2208 State v. Pigot. No. 2007-0373.Supreme Court of Ohio. May 16, 2007. Franklin App. No. 06AP-343, 2007-Ohio-141. Appeals Not Accepted for Review
BURKE v. JENKINS, 128 Ohio St. 86 (1934)
190 N.E. 238 BURKE v. JENKINS. No. 24224Supreme Court of Ohio. Decided March 28, 1934. Negotiable instruments — Agency — Banks and banking — Borrower deals with bank and not undisclosed lender, when — Lender constitutes third party, or bank cashier, agent to negotiate loan, when — Promissory note, signed by maker, with payee’s name […]
STATE, EX REL. MARTIN, v. INDUS. COMM., 34 Ohio St.2d 109 (1973)
296 N.E.2d 529 THE STATE, EX REL. MARTIN, APPELLEE and CROSS-APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS AND CROSS-APPELLEES. No. 72-791Supreme Court of Ohio. Decided May 16, 1973. Workmen’s compensation — Partial disability — R.C. 4123.57 (B) — Refusal of award by commission — Mandamus not available remedy, when — Evidence. Where medical […]
MERIT DOCKET, 89 Ohio St.3d 1463 (2000)
732 N.E.2d 997Supreme Court of Ohio. 2000. MERIT DOCKETAnnouncement Wednesday August 2, 200000-856. State ex rel. Walls v. Blackwell. In Mandamus. On answer of respondent and on suggestion of mootness. On S.Ct.Prac.R. X(5) determination, cause dismissed. Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, J., concurs because the vote of […]
SKYY PROPERTIES v. CINCINNATI, 111 Ohio St.3d 1415 (2006)
2006-Ohio-5083 Skyy Properties, LLC v. Cincinnati. No. 2006-1231.Supreme Court of Ohio. October 4, 2006. Hamilton App. No. C-050051. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. SHEPPARD, 85 Ohio St.3d 1402 (1999)
706 N.E.2d 785 State v. Sheppard. No. 97-1474.Supreme Court of Ohio. March 1, 1999. Appeal from the Hamilton App. Nos. C-950402 and C-950744. Upon consideration of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the timely filing of a petition for a writ of certiorari […]
RECONSIDERATION DOCKET, 73 Ohio St.3d 1414 (1995)
651 N.E.2d 1307-1313Supreme Court of Ohio. 1995. RECONSIDERATION DOCKET Wednesday, July 19, 1995 93-111. Williams v. O’Brien. Montgomery County, No. 12344. Reported at 72 Ohio St.3d 288, 649 N.E.2d 831. On motion for reconsideration. Motion denied. PFEIFER, J., dissents. 95-388. Keller v. LTV Steel Co. Stark County, No. 94CA0275. Reported at 72 Ohio St.3d 1528, […]
STATE EX REL. MERCY HOSP. ANDERSON v. INDUS. COMM., 66 Ohio St.3d 263 (1993)
611 N.E.2d 821 THE STATE EX REL. MERCY HOSPITAL ANDERSON, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; ELLIS, APPELLANT. No. 92-1500Supreme Court of Ohio.Submitted March 9, 1993 — Decided May 19, 1993. Page 264 APPEAL from the Court of Appeals for Franklin County, No. 91AP-614. Claimant-appellant, Nina Nash Ellis, injured her low back in 1982 while […]
STATE v. McNICOL, 143 Ohio St. 39 (1944)
53 N.E.2d 808 THE STATE OF OHIO, APPELLANT v. MCNICOL, APPELLEE. No. 29671Supreme Court of Ohio. Decided March 15, 1944. Criminal law — Diverting and misapplying municipal funds — Verdict finding defendant guilty of embezzlement, not defective — Criminal verdicts to receive reasonable constructions and not declared void, when — Verdict finding “amount embezzled” less […]
CLEVELAND HTS. BD. EDN. v. CUYAHOGA CTY. BD., 84 Ohio St.3d 1459 (1999)
704 N.E.2d 256 Cleveland Hts./Univ. Hts. Bd. Edn. v. Cuyahoga Cty. Bd. Rev. No. 98-758.Supreme Court of Ohio. January 8, 1999. Board of Tax Appeals, Nos. 95-D-1124, 95-D-1125, 95-D-1126, 95-D-1127, 95-D-1128, 95-D-1129 and 95-D-1130. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of the motion […]
RAGONE v. VITALI BELTRAMI, JR., INC., 42 Ohio St.2d 161 (1975)
327 N.E.2d 645 RAGONE, APPELLEE, v. VITALI BELTRAMI, JR., INC., APPELLANT. No. 74-178Supreme Court of Ohio. Decided April 30, 1975. Negligence — Leased concrete pumping machinery and operator — Operator not loaned servant, when — Interrogatories — Subject to approval by court — Proper, when. 1. The requirement of Civ. R. 49(B) that a court […]
RINICELLA v. RUBINO, 85 Ohio St.3d 1410 (1999)
706 N.E.2d 791 Rinicella v. Rubino. No. 98-2040.Supreme Court of Ohio. March 3, 1999. Appeal from the Cuyahoga App. No. 73105. Reported at 84 Ohio St.3d 1474, 704 N.E.2d 581. On motion for reconsideration. Motion denied. MOYER, C.J., and DOUGLAS, J., dissent.
SCHAENGOLD v. OHIO, 112 Ohio St.3d 1496 (2007)
2007-Ohio-816 State ex rel. Schaengold v. Ohio Pub. Emps. Retirement Sys. 2006-1920.Supreme Court of Ohio. March 1, 2007. ADMINISTRATIVE ACTIONS Franklin App. No. 05AP-1002, 2006-Ohio-5093. 1. Proposed amendments to Standard Probate Form 17.8 (court investigator’s report on proposed guardianship) will be published for public comment. 2. Proposed amendments to Sup.R. Form 23.1-A (judicial-bypass petition) will […]
CARAMAN v. BAILEY, 128 Ohio St.3d 1495 (2011)
2011-Ohio-2384, 947 N.E.2d 178 Caraman v. Bailey. No. 2011-0450.Supreme Court of Ohio. May 19, 2011. Cuyahoga App. No. 94986, 2011-Ohio-481. Miscellaneous Dismissals. This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s application for dismissal, it is ordered by the court that the application for dismissal is granted. Accordingly, this […]
WEIR v. WISEMAN, 2 Ohio St.3d 92 (1982)
443 N.E.2d 152 WEIR, DIRECTOR OF TRANSPORTATION, APPELLEE, v. WISEMAN ET AL., APPELLANTS. No. 82-127Supreme Court of Ohio. Decided December 29, 1982. Eminent domain — Hearing on the right or necessity of an appropriation action required, when — Answer filed in action specifically denies either the right or necessity, with facts relied upon in support […]
OHIO HOSP. ASSN. v. ARMSTRONG WORLD INDUSTRIES, 125 Ohio St.3d 1502 (2010)
2010-Ohio-3249 Ohio Hosp. Assn. v. Armstrong World Industries, Inc. No. 2000-1030.Supreme Court of Ohio. July 12, 2010. Cuyahoga App. No. 76067. Case Announcements. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. On April 13, 2001, this court stayed further proceedings in […]
HITCH v. THOMAS, 115 Ohio St.3d 1420 (2007)
2007-Ohio-5056 Hitch v. Thomas. No. 2007-1062.Supreme Court of Ohio. October 3, 2007. Lucas App. No. L-07-1140. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; motion to dismiss denied; cause held for the decision in 2006-1263, Manley v. Marisco, Clinton App. No. CA2006-04-013; and briefing schedule stayed. MOYER, C.J., would accept the appeal on Proposition of Law […]
VALENTINE v. PPG INDUSTRIES, 104 Ohio St.3d 1438 (2004)
2004-Ohio-7033, 819 N.E.2d 1122 Valentine v. PPG Industries. No. 2004-1619.Supreme Court of Ohio. Decided December 29, 2004. Pickaway App. No. 03CA17, 2004-Ohio-4521. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Propositions of Law II and III. RESNICK, O’CONNOR and O’DONNELL, JJ., dissent.
REHEARING DOCKET, 52 Ohio St.3d 704 (1990)
556 N.E.2d 525-530Supreme Court of Ohio. 1990. REHEARING DOCKET Wednesday, June 13, 1990 89-229. State v. Williams. Sandusky County, No. S-88-7. Reported at 51 Ohio St.3d 58, 554 N.E.2d 108. On motion for rehearing. Rehearing denied. Resnick, J., not participating. 89-450. State v. Henderson. Geauga County, No. 1455. Reported at 51 Ohio St.3d 54, 554 […]
STATE v. MARTIN, 41 Ohio St.3d 611 (1989)
535 N.E.2d 296 THE STATE OF OHIO, APPELLANT, v. MARTIN, APPELLEE. No. 88-12Supreme Court of Ohio.Submitted February 8, 1989 — Decided March 15, 1989. Appeal dismissed as improvidently allowed. APPEAL from the Court of Appeals for Hamilton County, No. C-860610. Arthur M. Ney, Jr., prosecuting attorney, Christian J. Schaefer and Thomas P. Longano, for appellant. […]
EASTLAND WOODS v. TALLMADGE, 2 Ohio St.3d 185 (1983)
443 N.E.2d 972 EASTLAND WOODS, APPELLANT, v. CITY OF TALLMADGE ET AL., APPELLEES. No. 81-1886Supreme Court of Ohio. Decided January 5, 1983. Municipal corporations — Vacation of street — “Abutting,” defined — R.C. 723.05 — Presumption that vacation done in good faith. APPEAL from the Court of Appeals for Summit County. In 1979, Eastland Woods […]
RECONSIDERATION DOCKET, 71 Ohio St.3d 1498 (1995)
646 N.E.2d 1122-1127Supreme Court of Ohio. 1995. RECONSIDERATION DOCKET Wednesday, March 22, 1995 95-407. State v. Rives. Cuyahoga County, No. 54953. Reported at 71 Ohio St.3d 1484, 646 N.E.2d 179. IT IS ORDERED by the court that the motion for reconsideration in this case be, and the same is hereby, denied. Page 1499
MOTION DOCKET, 65 Ohio St.3d 1414 (1992)
598 N.E.2d 1158-1173Supreme Court of Ohio. 1992. MOTION DOCKET Thursday, September 24, 1992 91-2137. State v. Campbell. Hamilton County, No. C-890330. On motion to unseal documents. Motion granted. 92-115. Pons v. Ohio State Med. Bd. Franklin County, No. 91AP-746. On motion to seal. Motion granted. On motion for leave to file amicus of Ohio State […]
STATE v. GREENFIELD CTY. COUNCIL, 113 Ohio St.3d 1419 (2007)
2007-Ohio-1231 State ex rel. Douglas v. Greenfield City Council. No. 2007-0072.Supreme Court of Ohio. March 20, 2007. In Mandamus. Motion and Procedural Rulings This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of the joint motion to continue stay of briefing schedule pending negotiation of […]
IN RE E. OHIO GAS CO., 122 Ohio St.3d 1512 (2009)
2009-Ohio-4518 In re Application of E. Ohio Gas Co. No. 2009-0314.Supreme Court of Ohio. September 2, 2009. Public Utilities Commission, Nos. 07-829-GA-AIR, 07-830-GA-ALT, 07-831-GA-AAM, 08-169-GA-ALT, and 06-1453-GA-UNC. MOTION AND PROCEDURAL RULINGS. This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Upon consideration of the joint motion of […]
STATE v. HOWARD, 106 Ohio St.3d 1543 (2005)
2005-Ohio-5343, 835 N.E.2d 725 STATE v. HOWARD. No. 2005-1134.Supreme Court of Ohio. October 12, 2005. Clark App. No. 2004CA29. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. IV; cause held for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, and 2004-1568, State v. Foster, Licking App. No. […]
MEDINA CTY. BAR ASSN. v. FLICKINGER, 95 Ohio St.3d 498 (2002)
769 N.E.2d 822 Medina County Bar Association v. Flickinger. No. 2001-2195.Supreme Court of Ohio.Submitted February 27, 2002. Decided June 12, 2002. On Final Report of the Board of Commissioners on the Unauthorized Practice of Law, No. UPL012. Per Curiam. In November 1998, Shirley May Flickinger of Medina, Ohio, a person not admitted to the practice […]
SWAIM v. HOLMES, 120 Ohio St.3d 1412 (2008)
2008-Ohio-6166 [State ex rel.] Swain v. Holmes. No. 2008-1815.Supreme Court of Ohio. December 3, 2008. In Mandamus and Prohibition. MERIT DECISIONS WITHOUT OPINIONS. On complaint in mandamus and prohibition of Joseph L. Swain. On S.Ct. Prac. R. X(5) determination, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.
HENDERHAN v. JACKSON TWP. POLICE, 122 Ohio St.3d 1479 (2009)
2009-Ohio-3625 Henderhan v. Jackson Twp. Police Dept. No. 2009-0684.Supreme Court of Ohio. July 29, 2009. Stark App. No. 2008-CA-00055, 2009-Ohio-949. APPEALS NOT ACCEPTED FOR REVIEW. O’CONNOR, J., dissents and would accept the appeal on Proposition of Law No. I.
IN RE RESIGNATION OF ZAREMSKY, 109 Ohio St.3d 1225 (2006)
2006-Ohio-2995, 849 N.E.2d 40 IN RE RESIGNATION OF ZAREMSKY. No. 2005-2109.Supreme Court of Ohio.Submitted May 24, 2006. Decided May 30, 2006. ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO GOV.BAR R. V(11)(G)(1). {¶ 1} On November 9, 2005, respondent, Michael Lee Zaremsky, Attorney Registration No. 0038372, last known business address in Beachwood, Ohio, […]
STATE v. COLLINS, 67 Ohio St.3d 115 (1993)
616 N.E.2d 224 THE STATE OF OHIO, APPELLANT, v. COLLINS, APPELLEE. No. 92-2143Supreme Court of Ohio.Submitted May 18, 1993 — Decided August 11, 1993. CERTIFIED by the Court of Appeals for Miami County, No. 91-CA-65. Defendant-appellee, James A. Collins, Jr., failed to stop his vehicle at a stop sign and collided with another vehicle driven […]
AM. CHEM. SOC. v. LEADSCOPE, INC., 107 Ohio St.3d 1412 (2005)
2005-Ohio-5961, 836 N.E.2d 1231 Am. Chem. Soc. v. Leadscope, Inc. 2005-1239.Supreme Court of Ohio. November 10, 2005. Franklin App. No. 04AP-305, 2005-Ohio-2557. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., PFEIFER and LUNDBERG STRATTON, JJ., dissent. J. THOMAS J. GRADY, J., of the Second Appellate District, sitting for O’CONNOR,
CINCINNATI v. ALCORN, 122 Ohio St. 294 (1930)
171 N.E. 330 CITY OF CINCINNATI ET AL. v. ALCORN, A TAXPAYER. ALCORN, A TAXPAYER v. CITY OF CINCINNATI ET AL. Nos. 21947 and 21995Supreme Court of Ohio. Decided April 23, 1930. Court of Appeals — Majority of judges may modify judgment entered by unanimous concurrence — Nonresident judge, sitting by designation, exercises all powers […]
CASEY v. HUDSON, 113 Ohio St.3d 166 (2007)
2007-Ohio-1257 CASEY, APPELLANT, v. HUDSON, Warden, Appellee. No. 2006-1970.Supreme Court of Ohio.Submitted February 28, 2007. Decided April 4, 2007. APPEAL from the Court of Appeals for Richland County, No. 06-CA-76. Per Curiam. {¶ 1} This is an appeal from a judgment dismissing a habeas corpus petition. We affirm. {¶ 2} In 2002, the Stark County […]
STATE v. AVERY, 111 Ohio St.3d 1411 (2006)
2006-Ohio-5083 State v. Avery. No. 2006-1052.Supreme Court of Ohio. October 4, 2006. Sandusky App. No. S-05-017, 2006-Ohio-1862. APPEALS NOT ACCEPTED FOR REVIEW
CUYAHOGA CTY. BAR ASSN. v. WISE, 108 Ohio St.3d 164 (2006)
842 N.E.2d 35, 2006-Ohio-550 CUYAHOGA COUNTY BAR ASSOCIATION v. WISE. No. 2005-0803.Supreme Court of Ohio.Submitted August 23, 2005. Decided February 22, 2006. Page 165 ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 03-115. Per Curiam. {¶ 1} Respondent, David M. Wise of Cleveland, Ohio, Attorney Registration […]