MOTION AND PROCEDURAL RULINGS, 96 Ohio St.3d 1532 (2002)

776 N.E.2d 111Supreme Court of Ohio. 2002. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions October 4, 20021989-0846. State v. Lott. Cuyahoga App. No. 54537. Upon consideration of the motion for leave of The Arc of Ohio, Advocacy and Protective Services, Cerebral Palsy Association of Ohio, Ohio Association of County Boards of Mental Retardation […]

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STATE v. BROWN, 108 Ohio St.3d 1419 (2006)

2006-Ohio-258, 841 N.E.2d 322 State v. Brown. 2005-0749.Supreme Court of Ohio. January 26, 2006. Cuyahoga C.P. No. CR-447563. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a death penalty appeal from the Court of Common Pleas of Cuyahoga County. Upon consideration of appellant’s motion to unseal records, IT IS ORDERED by […]

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MERIT DOCKET, 81 Ohio St.3d 1490 (1998)

691 N.E.2d 1053Supreme Court of Ohio. 1998. MERIT DOCKET Monday, March 30, 199898-551. State ex rel. Wawrzyniak v. Watson. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law. Upon consideration thereof, IT IS ORDERED by the […]

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STATE EX REL. v. INDUS. COMM., 108 Ohio St.3d 196 (2006)

2006-Ohio-659, 842 N.E.2d 498 THE STATE EX REL. APCOMPOWER, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 2004-1896.Supreme Court of Ohio.Submitted November 8, 2005. Decided March 1, 2006. APPEAL from the Court of Appeals for Franklin County, No. 03AP-718, 2004-Ohio-5257. PER CURIAM. {¶ 1} In this appeal, the employer objects to the […]

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HUBBELL v. CITY OF XENIA, 115 Ohio St.3d 77 (2007)

2007-Ohio-4839, 873 N.E.2d 878 HUBBELL, APPELLEE, v. CITY OF XENIA, APPELLANT. Nos. 2006-1528 and 2006-1589.Supreme Court of Ohio.Submitted May 23, 2007. Decided October 3, 2007. Appeal from and Certified by the Court of Appeals for Greene County, No. 2005 CA 99, 167 Ohio App.3d 294, 2006-Ohio-3369. LUNDBERG STRATTON, J. {¶ 1} The city of Xenia, […]

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STATE v. GREEN, 83 Ohio St.3d 1462 (1998)

700 N.E.2d 879 State v. Green. 98-913.Supreme Court of Ohio. October 21, 1998 Appeal from the Lucas C.P. No. 971450. This cause is pending before the court as an appeal from the Court of Common Pleas of Lucas County. Upon consideration of appellants motion to appoint Ohio Public Defender as co-counsel, IT IS ORDERED by […]

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STATE v. SANCHEZ, 119 Ohio St.3d 1460 (2008)

2008-Ohio-4834 State v. Sanchez. No. 2008-0215.Supreme Court of Ohio. September 24, 2008. Greene App. No. 06-CA-154, 2007-Ohio-6697. MERIT DECISIONS WITHOUT OPINIONS This cause is pending before the court as an appeal from the Court of Appeals for Greene County. Upon consideration of appellee’s motion to dismiss the cause as having been improvidently accepted and the […]

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THE STATE EX REL. v. BRUMBAUGH, 155 Ohio St. 616 (1951)

99 N.E.2d 614 THE STATE, EX REL. BEIGEL ET AL., APPELLANTS v. BRUMBAUGH ET AL., APPELLEES. No. 32677Supreme Court of Ohio. Decided June 20, 1951. Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — From improvement resolutions adopted by county commissioners — Notice of intention to appeal — Time for filing […]

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STATE v. CHALIKES, 122 Ohio St. 35 (1930)

170 N.E. 653 THE STATE OF OHIO v. CHALIKES. THE STATE OF OHIO v. JERKOVICH. Nos. 22031 and 22032Supreme Court of Ohio. Decided March 5, 1930. Criminal law — Indictment returned in one county, charging felony in another county, demurrable — Statute authorizing trial in county other than where offense committed, void — Section 10, […]

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MUSKINGUM CONSERV. DIST. v. POWER Co., 133 Ohio St. 491 (1938)

14 N.E.2d 776 MUSKINGUM WATERSHED CONSERVANCY DIST., APPELLEE v. THE OHIO POWER Co., APPELLANT. No. 26573Supreme Court of Ohio. Decided March 30, 1938. Conservancy district — Report of appraisers — Excessive benefits assessed — Lack of uniformity in making appraisal of benefits — Taking private property without compensation — Article 1, Section 19, Constitution of […]

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JURISDICTIONAL MOTIONS ALLOWED, 64 Ohio St.3d 1442 (1992)

596 N.E.2d 467-474Supreme Court of Ohio. 1992. JURISDICTIONAL MOTIONS ALLOWED Wednesday, August 12, 1992 92-847. State v. Lessin. Cuyahoga County, No. 61106. On motion for leave to appeal and on motion for leave to file amicus of American Civil Liberties Union. Motions allowed. RESNICK, J., dissents. 92-868. Myers v. Garson. Summit County, No. 15214. 92-909. […]

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BANKS v. POWER CO., 157 Ohio St. 10 (1952)

103 N.E.2d 819 BANKS, ADMX., APPELLANT v. THE OHIO POWER CO. ET AL., APPELLEES. No. 32671Supreme Court of Ohio. Decided February 20, 1952. Dismissal for failure to prosecute — Based on failures occurring before granting leave to amend — Abuse of discretion — Amendment filed within period of leave. Where a court grants leave to […]

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MOTION DOCKET, 56 Ohio St.3d 707 (1990)

565 N.E.2d 601-606Supreme Court of Ohio. 1990. MOTION DOCKET Wednesday, December 19, 1990 89-1807. Morris v. Savoy. Certified Question Page 708 of State Law, No. C-883649-A. On motion for leave to file amicus of National Spinal Cord Injury Association. Motion granted. Moyer, C.J., dissents. 90-361. Ohio Office of Collective Bargaining v. Ohio Civil Serv. Emp. […]

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STATE v. CHIPPENDALE, 52 Ohio St.3d 118 (1990)

556 N.E.2d 1134 THE STATE OF OHIO, APPELLANT v. CHIPPENDALE, APPELLEE. No. 89-812Supreme Court of Ohio.Submitted April 11, 1990 — Decided June 27, 1990. Criminal law — Statutory construction — R.C. 2903.04(B) is a general provision while R.C. 2903.06 and 2903.07 are special provisions — Determining prosecutor’s ability to charge on general and special provisions […]

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CNG DEV. CO. v. LIMBACH, 63 Ohio St.3d 28 (1992)

584 N.E.2d 1180 CNG DEVELOPMENT COMPANY, APPELLEE AND CROSS-APPELLANT, v. LIMBACH, TAX COMMR., APPELLANT AND CROSS-APPELLEE. No. 91-211Supreme Court of Ohio.Submitted November 13, 1991 — Decided February 19, 1992. APPEAL AND CROSS-APPEAL from the Board of Tax Appeals, No. 89-J-451. The Tax Commissioner, appellant and cross-appellee, appeals the order of the Board of Tax Appeals […]

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GARRETT v. CINCINNATI, 166 Ohio St. 68 (1956)

139 N.E.2d 35 GARRETT, A TAXPAYER, APPELLANT v. CITY OF CINCINNATI ET AL., APPELLEES. No. 34974Supreme Court of Ohio. Decided December 19, 1956. Municipal corporations — On-street parking — Charging fee sufficient to help finance off-street parking — Not levy of tax — Not violative of Section 5a, Article XII, Constitution. APPEAL from the Court […]

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (3-2-2005)

2005-Ohio-763 MERIT DECISIONS WITH OPINIONS. Supreme Court of Ohio. March 2, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS 2003-0433 through 2003-0445. DAK, PLL v. Franklin Cty. Bd. ofRevision, 2005-Ohio-573. Board of Tax Appeals, Nos. 2002-A-1933 through 2002-A-1945. Decisions affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, […]

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MOTION DOCKET, 91 Ohio St.3d 1482 (2001)

747 N.E.2d 1195Supreme Court of Ohio. 2001. MOTION DOCKET99-1420. State ex rel. Myers v. Brown. In Quo Warranto. On respondent’s motion to strike affidavit of Brian Phillip Tyson filed on behalf of relator and response to show cause order. IT IS HEREBY ORDERED that respondent’s motion be, and hereby is, granted and that the affidavit […]

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CUYAHOGA CTY. BAR ASSN. v. VALA, 92 Ohio St.3d 107 (2001)

748 N.E.2d 1103 Cuyahoga County Bar Association v. Vala. No. 00-2285.Supreme Court of Ohio.Submitted February 7, 2001. Decided June 13, 2001. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 99-62. Per Curiam. On January 25, 2000, relator, Cuyahoga County Bar Association, filed a ten-count amended complaint […]

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MITCHELL v. CARDWELL, 24 Ohio St.2d 30 (1970)

262 N.E.2d 862 MITCHELL v. CARDWELL, WARDEN. No. 70-277Supreme Court of Ohio. Decided September 24, 1970. Habeas corpus — Sentence not voided by treatment while in confinement — Petition dismissed. IN HABEAS CORPUS. Mr. Robert Lee Mitchell, in propria persona. Mr. Paul W. Brown, attorney general, and Mr. James L. Hoover, for respondent. Per Curiam. […]

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GAS ELEC. CO. v. P.U.C., 173 Ohio St. 473 (1962)

184 N.E.2d 84 THE CINCINNATI GAS ELECTRIC CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (Two cases.) Nos. 36859 and 36860Supreme Court of Ohio. Decided July 5, 1962. Public utilities — Rates and charges for electric service determined, how — Determination of rate of return — Accelerated tax depreciation — Future federal income tax […]

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STATE, EX REL. v. AKRON, 132 Ohio St. 305 (1937)

7 N.E.2d 411 THE STATE, EX REL. HESS, APPELLANT v. CITY OF AKRON ET AL., APPELLEES. No. 26202Supreme Court of Ohio. Decided March 24, 1937. Office and officer — Occupant may waive part of salary — Waiver not contrary to public policy. 1. The occupant of a public office may waive part of the established […]

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IN RE TOOHIG, 127 Ohio St.3d 1496 (2011)

2011-Ohio-18, 939 N.E.2d 865 In re Toohig. No. 2010-2291.Supreme Court of Ohio. January 7, 2011. Disciplinary Cases. On December 30, 2010, and pursuant to Gov.Bar R. V(5)(A)(3), the secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio certified to the Supreme Court a certified copy of a judgment […]

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CAMPBELL v. TES FRANCHISING, LLC., 106 Ohio St.3d 1532 (2005)

2005-Ohio-5146, 835 N.E.2d 382 Campbell v. TES Franchising, LLC. 2005-1106.Supreme Court of Ohio. October 5, 2005. Butler App. No. CA2004-06-151, 2005-Ohio-2271. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted and cause consolidated with 2005-1357, Campbell v. TES Franchising, LLC, Butler App. No. CA2004-06-151, 2005-Ohio-2271; cause held for the decision in 2004-0001, Academy of Medicine of Cincinnati […]

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CONSUMERS’ COUNSEL v. PUB. UTIL. COMM., 55 Ohio St.2d 30 (1978)

377 N.E.2d 796 CONSUMERS’ COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. No. 77-1276Supreme Court of Ohio. Decided July 5, 1978. Public Utilities Commission — Emergency residential rate relief — R.C. 4909.16 — Not justified, when. APPEAL from the Public Utilities Commission. On September 1, 1976, Am. Sub. S.B. No. 94 became […]

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HETRICK v. POWER CO., 141 Ohio St. 347 (1943)

48 N.E.2d 103 HETRICK, ADMX., APPELLANT v. MARION-RESERVE POWER CO., APPELLEE. No. 29190Supreme Court of Ohio. Decided April 7, 1943. Negligence — Substantial evidence or proof of facts supporting inference, required, when — Electric power company to exercise highest degree of care, when — Power company not liable for injury resulting from unusual occurrence, when. […]

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STATE v. HALL, 111 Ohio St.3d 1429 (2006)

2006-Ohio-5351 State v. Hall. No. 2006-1585.Supreme Court of Ohio. October 18, 2006. Franklin App. No. 05AP-957, 2006-Ohio-2742. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and PFEIFER, J., dissent.

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STATE EX REL. MANVILLE v. HOUSMAN, 106 Ohio St.3d 1551 (2005)

2005-Ohio-5516, 835 N.E.2d 1271 State ex rel. Johns Manville v. Housman. 2005-1496.Supreme Court of Ohio. October 20, 2005. Franklin App. No. 04AP-543, 2005-Ohio-3379. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the […]

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MOTION DOCKET, 89 Ohio St.3d 1476 (2000)

733 N.E.2d 251Supreme Court of Ohio. 2000. MOTION DOCKET ANNOUNCEMENT THURSDAY August 10, 2000.00-1208. State ex rel. Thomas v. Ohio Adult Parole Auth. Franklin App. No. 99AP-1040. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. On August 9, 2000, appellant filed his merit brief prior […]

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BD. OF EDN. v. BD. OF REVISION, 72 Ohio St.3d 189 (1995)

648 N.E.2d 811 CLEVELAND HEIGHTS/UNIVERSITY HEIGHTS BOARD OF EDUCATION, APPELLANT, v. CUYAHOGA COUNTY BOARD OF REVISION ET AL.; MAY DEPARTMENT STORES COMPANY, APPELLEE. No. 94-1399Supreme Court of Ohio.Submitted December 9, 1994 — Decided May 17, 1995. APPEAL from the Board of Tax Appeals, Nos. 92-A-32 and 92-A-33. Appellee, May Department Stores Company, owns three parcels […]

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STATE v. PEARCE, 74 Ohio St.3d 533 (1996)

660 N.E.2d 456 THE STATE OF OHIO, APPELLEE, v. PEARCE, APPELLANT. No. 95-1583Supreme Court of Ohio.Submitted December 5, 1995 — Decided February 14, 1996. APPEAL from the Court of Appeals for Franklin County, No. 92AP-1761. Appellant, James R. Pearce, was convicted of kidnapping, gross sexual imposition and attempted gross sexual imposition, and sentenced to terms […]

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STATE v. PRINES, 105 Ohio St.3d 1473 (2005)

2005-Ohio-1186 STATE v. PRINES. No. 2004-1891.Supreme Court of Ohio. March 23, 2005. Cuyahoga App. No. 85196. RECONSIDERATION OF PRIOR DECISIONS Reported at 105 Ohio St.3d 1408, 2005-Ohio-279, 821 N.E.2d 1028. On motion for reconsideration. Motion denied. Page 1474

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ZANGERLE v. STATE, EX REL., 115 Ohio St. 168 (1926)

152 N.E. 658 ZANGERLE, AUD., ET AL. v. STATE, EX REL. WALTHER. No. 19496Supreme Court of Ohio. Decided June 8, 1926. Common pleas courts — Compensation of judges — Section 14, Article IV, Constitution — Compensation cannot be changed during term or vary with services rendered — Payment not dependent upon approval of another official […]

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STATE v. HUTTON, 85 Ohio St.3d 1499 (1999)

State v. Hutton. No. 99-175.Supreme Court of Ohio. June 2, 1999. RECONSIDERATION DOCKET Appeal from Lucas App. No. L-98-1199. Reported at 85 Ohio St.3d 1456, 708 N.E.2d 1010. On motion for reconsideration. Motion denied. DOUGLAS, J., dissents. RESNICK, J., not participating. Page 1500

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STATE EX REL. BAKER v. SCHIEMANN, 67 Ohio St.3d 443 (1993)

619 N.E.2d 692 THE STATE EX REL. BAKER, APPELLANT, v. SCHIEMANN, APPELLEE. No. 93-908Supreme Court of Ohio.Submitted July 28, 1993 — Decided October 13, 1993. APPEAL from the Court of Appeals for Cuyahoga County, No. 65163. Appellant, Saul P. Baker, M.D., is a pro se plaintiff in an action pending in the Court of Common […]

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IN RE DISQUALIFICATION OF MCKAY, 77 Ohio St.3d 1249 (1996)

674 N.E.2d 359 IN RE DISQUALIFICATION OF MCKAY. THE STATE OF OHIO v. GETSY. No. 96-AP-120Supreme Court of Ohio. Decided August 27, 1996. ON AFFIDAVIT OF DISQUALIFICATION in Trumbull County Court of Common Pleas case No. 95-CR-399. MOYER, C.J. Affiants, John F. Shultz, Maridee L. Costanzo, and James Wise, are counsel for defendant Jason Getsy […]

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REINSTATEMENT OF COOGAN, 35 Ohio St.2d 114 (1973)

298 N.E.2d 518 IN RE PETITION FOR REINSTATEMENT OF COOGAN. D.D. No. 79Supreme Court of Ohio. Decided July 3, 1973. Attorneys at law — Application for reinstatement as attorney — Reinstatement warranted, when. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline. Mr. Otto F. Putnick, for petitioner. Per Curiam. Applicant was […]

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MISCELLANEOUS DISMISSALS, 71 Ohio St.3d 1415 (1994)

641 N.E.2d 1378Supreme Court of Ohio. 1994. MISCELLANEOUS DISMISSIALS Tuesday, November 29, 1994 94-2193. Downs v. Lorain Cty. Domestic Relations Court. This cause originated in this court on the filing of a petition for writ of review (certiorari) and motion for temporary stay. Upon consideration of petitioner’s emergency request for stay, Page 1416 IT IS […]

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STATE v. MOON, 128 Ohio St.3d 1462 (2011)

2011-Ohio-1829, 945 N.E.2d 525 State v. Moon. No. 2010-1992.Supreme Court of Ohio. April 20, 2011. Cuyahoga App. No. 93673, 2010-Ohio-4483. Reported at 128 Ohio St.3d 1412, 2011-Ohio-828, 942 N.E.2d 384. Reconsideration of Prior Decisions. On motion for reconsideration. Motion denied.

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DISCIPLINARY DOCKET, 47 Ohio St.3d 709 (1989)

548 N.E.2d 241-245Supreme Court of Ohio. 1989. DISCIPLINARY DOCKET Wednesday, November 29, 1989 89-1952. In re Potter. Pursuant to the provisions of Gov. Bar R. V(9)(a)(iii), Robert J. Potter is indefinitely suspended from the practice of law in the state of Ohio. D.D. 12. Cincinnati Bar Assn. v. Massengale. On motion for sanctions and costs. […]

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MOTION DOCKET, 67 Ohio St.3d 1418 (1993)

616 N.E.2d 501-506Supreme Court of Ohio. 1993. MOTION DOCKET Wednesday, August 4, 1993 91-199, 91-1211, 91-1519 and 91-1589. State v. Wyant. Delaware County, No. 90CA2; Franklin County, Nos. 90AP-473, 90AP-474, 90AP-475 and 90AP-477; and Montgomery County, Nos. CA 12239, CA 12259 and CA 12260. On motion for directions as to briefing and argument and motion […]

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BARNES v. CLEVELAND, 118 Ohio St.3d 1467 (2008)

2008-Ohio-3014, 2008-Ohio-3004 State ex rel. Barnes v. Cleveland. No. 2008-0289.Supreme Court of Ohio. June 23, 2008. In Mandamus. MEDIATION REFERRALS. The following case has been returned to the regular docket pursuant to S.Ct.Prac. R. XIV(6)(E): 1. Temporary Rule 1 of the Rules of Superintendence for the Courts of Ohio has been adopted, effective July 1, […]

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STATE v. WHITE, 75 Ohio St.3d 430 (1996)

662 N.E.2d 798 THE STATE OF OHIO, APPELLEE, v. WHITE, APPELLANT. No. 95-2471Supreme Court of Ohio.Submitted February 20, 1996 — Decided April 17, 1996. APPEAL from the Court of Appeals for Clark County, No. 1999. According to appellant, Dale D. White, in 1984 he was convicted of aggravated robbery with a firearm specification and with […]

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (5-1-2002)

MERIT DECISIONS WITH OPINIONSSupreme Court of Ohio. May 1, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 2000-2292, 2002-Ohio-1754. State ex rel. Timken Co. v. Hammer. Franklin App. No. 99AP-905. Judgment affirmed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. 2001-1540, 2002-Ohio-1753. State v. Smith. […]

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STATE EX REL. MARTINELLI v. CORRIGAN, 68 Ohio St.3d 362 (1994)

626 N.E.2d 954 THE STATE EX REL. MARTINELLI, APPELLANT, v. CORRIGAN, JUDGE, APPELLEE. No. 93-2002Supreme Court of Ohio.Submitted December 7, 1993 — Decided February 23, 1994. APPEAL from the Court of Appeals for Cuyahoga County, No. 65678. In 1982, the Cuyahoga County Court of Common Pleas entered a judgment of conviction and sentence upon a […]

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MISCELLANEOUS DISMISSALS, 90 Ohio St.3d 1435 (2000)

736 N.E.2d 475Supreme Court of Ohio. 2000. MISCELLANEOUS DISMISSALS ANNOUNCEMENT, TUESDAY, October 10, 2000. 00-1753. In re Jacobs. Geauga App. No. 99-G-2231. This cause is pending before the court as a discretionary appeal and claimed appeal as of right. It appears from the court of appeals’ opinion that the appeal involves termination of parental rights. […]

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REHEARING DOCKET, 38 Ohio St.3d 711 (1988)

533 N.E.2d 358Supreme Court of Ohio. 1988. REHEARING DOCKET Wednesday, August 3, 1988 86-297. State v. Farley. Knox County, No. 85-CA-09. On motion for rehearing. Rehearing denied. 86-1009. State, ex rel. Wean United, Inc., v. Indus. Comm Franklin County, No. 85AP-521. Reported at 37 Ohio St.3d 203, 524 N.E.2d 896. On motion for rehearing. Rehearing […]

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STATE EX REL. GOODEN v. TEODOSIO, 2010-2224 (4-26-2011)

2011-Ohio-1915 The State ex rel. Gooden, Appellant, v. Teodosio, Judge, Appellee. No. 2010-2224.Supreme Court of Ohio.Submitted April 19, 2011. Decided April 26, 2011. APPEAL from the Court of Appeals for Summit County, No. 25570. Joe Gooden, pro se. Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee. PER […]

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GIBSON v. SHELDON, 121 Ohio St.3d 1455 (2009)

2009-Ohio-1820 Gibson v. Sheldon. No. 2008-2480.Supreme Court of Ohio. April 22, 2009. In Habeas Corpus. Reported at 120 Ohio St.3d 1522, 2009-Ohio-614, 901 N.E.2d 242. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. Requests for reopening and for findings of fact/conclusions of law denied as moot.

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CINCINNATI BAR ASSN. v. NIENABER, 71 Ohio St.3d 1201 (1994)

640 N.E.2d 1144 CINCINNATI BAR ASSOCIATION V. NIENABER. No. 93-2521Supreme Court of Ohio. Submitted and Decided October 11, 1994. ON APPLICATION FOR REINSTATEMENT. This cause came on for further consideration upon the filing of an application for reinstatement by respondent, Joseph W. Nienaber. The court coming now to consider its order of March 23, 1994, […]

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STATE, EX REL. DAVIES, v. ELYRIA, 62 Ohio St.2d 443 (1980)

406 N.E.2d 531 THE STATE, EX REL. DAVIES, APPELLANT, v. CITY OF ELYRIA ET AL., APPELLEES. No. 80-198Supreme Court of Ohio. Decided June 25, 1980. Mandamus — Remedy not available, when — Second appeal sought — Remedies available. APPEAL from the Court of Appeals for Lorain County. Gerald W. Davies, appellant herein, took a competitive […]

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STATE v. COTTRELL, 111 Ohio St.3d 1429 (2006)

2006-Ohio-5351 State v. Cottrell. No. 2006-0231.Supreme Court of Ohio. October 18, 2006. Columbiana App. No. 04 CO 53, 2005-Ohio-6923. MOTION AND PROCEDURAL RULINGS On motion for resentencing. Motion denied. O’CONNOR, J., dissents.

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MAHONING CTY. BAR v. GUARNIERI, 106 Ohio St.3d 24 (2005)

2005-Ohio-3471 MAHONING COUNTY BAR ASSOCIATION v. GUARNIERI. No. 2004-2156.Supreme Court of Ohio.Submitted February 16, 2005. Decided July 20, 2005. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 03-109. Per Curiam. {¶ 1} Respondent, Dana C. Guarnieri of Youngstown, Ohio, Attorney Registration No. 0070195, was admitted to […]

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STATE EX REL. RUSSELL v. LYNCH, 127 Ohio St.3d 1529 (2011)

2011-Ohio-376, 940 N.E.2d 984 State ex rel. Russell v. Lynch. No. 2010-2009.Supreme Court of Ohio. February 2, 2011. MERIT DECISIONS WITHOUT OPINIONS. In Mandamus. On complaint in mandamus of Mark Russell and respondent’s answer. On S.Ct.Prac. R. 10.5 determination, cause dismissed. O’CONNOR, C.J., AND PFEIFER, LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, AND MCGEE BROWN, JJ., concur.

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STATE EX REL. KELLY v. BRESSLER, 128 Ohio St.3d 1480 (2011)

2011-Ohio-2055, 946 N.E.2d 238 State ex rel. Kelly v. Bressler. No. 2011-0280.Supreme Court of Ohio. May 4, 2011. In Procedendo. Merit Decisions Without Opinions. On motion to dismiss. Motion to dismiss granted. Cause dismissed. O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.

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DISCIPLINARY COUNSEL v. DETWEILER, 127 Ohio St.3d 73 (2010)

2010-Ohio-5033 DISCIPLINARY COUNSEL v. DETWEILER. No. 2010-1104.Supreme Court of Ohio.Submitted August 10, 2010. Decided October 21, 2010. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 10-014. Per Curiam. {¶ 1} Respondent, William Jeffrey Detweiler of Akron, Ohio, Attorney Registration No. 0039269, was admitted to the practice […]

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ORDWAY v. MOTOR EXPRESS, INC., 11 Ohio St.2d 70 (1967)

227 N.E.2d 607 ORDWAY, A MINOR, ET AL., APPELLANTS, v. MOTOR EXPRESS, INC., ET AL., APPELLEES. No. 40763Supreme Court of Ohio. Decided June 28, 1967. Appeal — Bill of exceptions — Time for filing — Properly filed in Court of Common Pleas — Failure to request clerk to file in Court of Appeals — Briefs […]

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LANCASTER COLONY CORP. v. LIMBACH, 37 Ohio St.3d 198 (1988)

524 N.E.2d 1389 LANCASTER COLONY CORPORATION ET AL., APPELLANTS, v. LIMBACH, TAX COMMR., APPELLEE. No. 87-305Supreme Court of Ohio.Submitted April 5, 1988 — Decided June 22, 1988. Taxation — Franchise tax — Sales agents outside Ohio — Only compensation paid to “employees” included in statutory payroll factor — R.C. 5733.05 (B)(2)(b) — “Employee” and “independent […]

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IN RE RESIGNATION OF MAYER, 2007-1346 (10-23-2007)

2007-Ohio-5636 In re Resignation of Mayer. No. 2007-1346.Supreme Court of Ohio. October 23, 2007. DISCIPLINARY CASES On affidavit of resignation from the practice of law of Wallace James Mayer, Attorney Registration No. 0021834, and on report filed under seal by Disciplinary Counsel. Resignation accepted with disciplinary action pending.

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STATE EX REL. ROGERS v. MCGEE BROWN, 80 Ohio St.3d 408 (1997)

686 N.E.2d 1126 THE STATE EX REL. ROGERS, APPELLANT, v. MCGEE BROWN, JUDGE, APPELLEE. No. 97-547Supreme Court of Ohio.Submitted September 23, 1997 — Decided December 10, 1997. APPEAL from the Court of Appeals for Franklin County, No. 96APD12-1628. Page 409 In September 1996, appellee, Judge Yvette McGee Brown of the Franklin County Court of Common […]

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IN RE JACKSON, 26 Ohio St.2d 51 (1971)

268 N.E.2d 812 IN RE JACKSON. No. 70-579Supreme Court of Ohio. Decided April 7, 1971. Criminal procedure — Sentence — Indigent imprisoned for nonpayment of fine — Denied equal protection of the laws, when — Article XIV, Amendments, U.S. Constitution. APPEAL from the Court of Appeals for Butler County. Petitioner, Albert Jackson, on April 13, […]

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MERIT DOCKET, 93 Ohio St.3d 1425 (2001)

755 N.E.2d 350Supreme Court of Ohio. 2001. MERIT DOCKET Announcement Wednesday September 26, 200101-1028. State ex rel. Virostek v. Liberty Twp. Bd. of Trustees. In Quo Warranto. On S.Ct.Prac.R. X(5) determination and consideration of respondent board’s motion to dismiss or in the alternative for summary judgment dismissing the petition, and relator’s motion to strike, IT […]

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PREFERRED CAPITAL v. AL LOU BUILDERS SUPPLY, 109 Ohio St.3d 1494 (2006)

2006-Ohio-2762, 848 N.E.2d 857 Preferred Capital, Inc. v. Al Lou Builders Supply, Inc. 2006-0506.Supreme Court of Ohio. June 7, 2006. Summit App. No. 22654, 2006-Ohio-250. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law Nos. I and II; cause held for the decision in 2005-2134, Preferred Capital, Inc. v. Power Eng. Group, Inc., […]

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STATE v. EADS, 73 Ohio St.3d 320 (1995)

652 N.E.2d 999 THE STATE OF OHIO, APPELLEE, v. EADS, APPELLANT. No. 95-146Supreme Court of Ohio.Submitted April 24, 1995 — Decided August 23, 1995. APPEAL from the Court of Appeals for Cuyahoga County, No. 62775. Appellant, Daniel T. Eads, was convicted of murder. On direct appeal as of right, the Court of Appeals for Cuyahoga […]

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GENERAL TELEPHONE CO. v. PUB. UTIL. COMM., 46 Ohio St.2d 281 (1976)

348 N.E.2d 339 GENERAL TELEPHONE CO. OF OHIO, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 75-1094Supreme Court of Ohio. Decided May 26, 1976. Public Utilities Commission — Fixing of rates — Telephone companies — Determination of rate of return — Variance for different service areas of one company, permitted — R.C. 4909.15, construed. […]

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AKINS v. HARCO INS. CO., 106 Ohio St.3d 41 (2005)

2005-Ohio-3557, 830 N.E.2d 1161 AKINS, Admr., APPELLEE, v. HARCO INSURANCE COMPANY et al.; Old Republic Insurance Company ET AL., APPELLANTS. No. 2004-1615.Supreme Court of Ohio.Submitted December 14, 2004. Decided July 27, 2005. Page 42 Appeal from the Court of Appeals for Lucas County, No. L-03-1279, 158 Ohio App.3d 292, 2004-Ohio-4267, 815 N.E.2d 686. {¶ 1} […]

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SECURITY BANK v. HAWK, 35 Ohio St.3d 1 (1988)

517 N.E.2d 886 SECURITY BANK, APPELLEE, v. HAWK, APPELLANT; ZWELLING ET AL., APPELLEES. No. 87-409Supreme Court of Ohio. Decided January 6, 1988. Real property — Mortgages — Contract signed in blank with missing information supplied later — Mortgage valid and enforceable, when. O.Jur 3d Mortgages §§ 85, 94, 106. When all parties agree to execute […]

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STATE v. COTTON, 120 Ohio St.3d 321 (2008)

2008-Ohio-6249, 898 N.E.2d 959 THE STATE OF OHIO, APPELLEE, v. COTTON, APPELLANT. No. 2007-1449.Supreme Court of Ohio.Submitted November 19, 2008. Decided December 9, 2008. APPEAL from the Court of Appeals for Hamilton County, No. C-060264. {¶ 1} The judgment of the court of appeals is reversed, on the authority of State v. Brown, 119 Ohio […]

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DISCIPLINARY CASES, Unpublished Decision (3-18-2005)

2005-Ohio-1146 DISCIPLINARY CASES. Supreme Court of Ohio. March 18, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] DISCIPLINARY CASES 2004-1062. Disciplinary Counsel v. Gideon. This cause came on for further consideration upon the filing of a motion of respondent for extension of time to pay costs. Upon consideration thereof, IT […]

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STATE v. McDONNELL, 119 Ohio St.3d 1468 (2008)

2008-Ohio-4911 State ex rel. Oko v. McDonnell. No. 2008-1485.Supreme Court of Ohio. October 1, 2008. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS. On respondents’ motions to dismiss and relator’s motion for leave to amend complaint. Motions to dismiss granted. Motion for leave to amend complaint denied as moot. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, […]

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OHIO STATE BAR ASSN. v. HEATH, 123 Ohio St.3d 483 (2009)

2009-Ohio-5958, 918 N.E.2d 145 OHIO STATE BAR ASSOCIATION v. HEATH. No. 2009-0966.Supreme Court of Ohio.Submitted August 11, 2009. Decided November 19, 2009. ON FINAL REPORT by the Board on the Unauthorized Practice of Law of the Supreme Court, No. UPL 07-10. Per Curiam. {¶ 1} Relator, Ohio State Bar Association, charged respondent, Gary Allan Heath […]

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DISCIPLINARY COUNSEL v. CONNAUGHTON, 75 Ohio St.3d 644 (1996)

665 N.E.2d 675 OFFICE OF DISCIPLINARY COUNSEL v. CONNAUGHTON. No. 96-431Supreme Court of Ohio.Submitted April 15, 1996 — Decided June 26, 1996. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 95-43. Between March 8, 1993 and July 26, 1994, respondent, Daniel E. Connaughton of Hamilton, Ohio, […]

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GARMON v. MILLS, 113 Ohio St.3d 1438 (2007)

2007-Ohio-1374 Garmon v. Mills. No. 2007-0367.Supreme Court of Ohio. March 27, 2007. Lucas App. No. L-06-1173. Miscellaneous Dismissals This cause is pending before the court as a discretionary appeal and claimed appeal of right. On February 26, 2007, when this appeal was filed, a check in the amount of $40.00 was submitted by counsel for […]

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BURT REALTY CORP. v. COLUMBUS, 21 Ohio St.2d 265 (1970)

257 N.E.2d 355 BURT REALTY CORP., APPELLANT, v. CITY OF COLUMBUS, APPELLEE. No. 69-276Supreme Court of Ohio. Decided March 25, 1970. Municipal zoning code — Nonconforming use — Building entitled to protection, when — Set-back line adopted after erection — Building permit to reconstruct — Declaratory judgment — Available remedy, when — Alternative too onerous […]

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ADMINISTRATIVE DOCKET, 63 Ohio St.3d 1460 (1992)

590 N.E.2d 749-757Supreme Court of Ohio. 1992. ADMINISTRATIVE DOCKET Wednesday, May 6, 1992 1. Proposed amendments to Gov.Bar R. III and DR 2-102 (lawyer practice in multiple firms) will be published for a thirty-day public-comment period. 2. Proposed amendments to Civ.R. 41, previously submitted to the General Assembly, are withdrawn. 3. Proposed amendments to App.R. […]

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STATE, EX REL. NICODEMUS, v. INDUS. COMM., 5 Ohio St.3d 58 (1983)

448 N.E.2d 1360 THE STATE, EX REL. NICODEMUS, APPELLEE AND CROSS-APPELLANT, v. INDUSTRIAL COMMISSION, APPELLANT AND CROSS-APPELLEE, ET AL. No. 82-717Supreme Court of Ohio. Decided May 25, 1983. Workers’ compensation — Attorneys at law — Agency — Notice of award of death benefits received by non-attorney actuarial firm — Motion by employer for additional time […]

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