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, […]
Category: Ohio Supreme Court Opinions
LAYMAN v. BINNS, 35 Ohio St.3d 176 (1988)
519 N.E.2d 642 LAYMAN, A.K.A. LAYMANN, ET AL., APPELLEES, v. BINNS ET AL., APPELLANTS. No. 87-124Supreme Court of Ohio. Decided February 24, 1988. Real property — Structural defect in real estate — Caveat emptor precludes recovery, when. O.Jur 3d Real Property Sales § 98. The doctrine of caveat emptor precludes recovery in an action by […]
ADMINISTRATIVE DOCKET, Unpublished Decision (1-28-2000)
ADMINISTRATIVE DOCKETSupreme Court of Ohio. Announcement Friday January 28, 2000 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 1. Amendments to Sup.R. 10 and 10.03 and new Forms 10.03-A through 10.03-H (Standard Criminal and Civil Stalking Protection Order Forms) were adopted. 2. Proposed amendments to Gov.Bar R. X and CCLE Regulations […]
STATE, EX REL. BD. OF EDN., v. MORTON, 44 Ohio St.2d 151 (1975)
339 N.E.2d 663 THE STATE, EX REL. GRANDVIEW HEIGHTS CITY SCHOOL DISTRICT BOARD OF EDUCATION, v. MORTON ET AL. No. 74-1087Supreme Court of Ohio. Decided December 17, 1975. Mandamus — To compel city to provide free legal services to school district — Writ allowed, when — Schools — Counsel for school districts — R.C. 3313.35 […]
STATE v. GUMS., 111 Ohio St.3d 1472 (2006)
2006-Ohio-5625 State v. Gums. 2006-1570.Supreme Court of Ohio. November 1, 2006. Cuyahoga App. No. 86760, 2006-Ohio-3159. APPEALS NOT ACCEPTED FOR REVIEW
STATE, EX REL. MAUMEE, v. CLOUD, 32 Ohio St.2d 137 (1972)
290 N.E.2d 569 THE STATE, EX REL. CITY OF MAUMEE, APPELLANT, v. CLOUD, AUDITOR OF STATE, APPELLEE. No. 72-249Supreme Court of Ohio. Decided December 13, 1972. Taxation — Motor vehicle fuel tax — R.C. 5735.27(D) — Highway construction fund — Expenditures — Allocation to townships — Township ceases to exist, when — No township officials. […]
DISCIPLINARY DOCKET, Unpublished Decision (5-9-2000)
DISCIPLINARY DOCKETSupreme Court of Ohio. May 9, 2000 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] The application for reinstatement of Dexter Wayne Clark is accepted, effective May 9, 2000. 99-2137. In re Resignation of Harwood. The resignation of David John Harwood as an attorney, Attorney Registration No. 0014177, is accepted, […]
MOTION DOCKET, 62 Ohio St.3d 1506 (1992)
583 N.E.2d 1321Supreme Court of Ohio. 1992. MOTION DOCKET Thursday, January 29, 1992 90-1868. State v. Combs. Hamilton County, No. C-880156. On motion for stay. Stay granted. 90-2383. State, ex rel. Kaska, v. Indus. Comm. Franklin County, No. 89AP-382. On request for oral argument. Request denied. Page 1507 91-438. State v. Keenan. Cuyahoga County, No. […]
KUHAR v. MARC GLASSMAN, 123 Ohio St.3d 1425 (2009)
2009-Ohio-5340 Kuhar v. Marc Glassman, Inc. No. 2009-1281.Supreme Court of Ohio. October 14, 2009. Cuyahoga App. No. 91989, 2009-Ohio-2379. Appeals not Accepted for Review.
SABO v. SCHOTT, 70 Ohio St.3d 527 (1994)
639 N.E.2d 783 SABO, APPELLANT, v. SCHOTT ET AL., APPELLEES. No. 94-909Supreme Court of Ohio.Submitted August 31, 1994 — Decided October 12, 1994. APPEAL from the Court of Appeals for Hamilton County, No. C-920941. Katz, Greenberger Norton and Stephen A. Imm, for appellant. Martin, Bailey MacDonald and Stephen A. Bailey, for appellees. The judgment of […]
STATE, EX REL. v. SHROYER, 132 Ohio St. 101 (1936)
5 N.E.2d 167 THE STATE, EX REL. HELPMEYER ET AL., APPELLANTS v. SHROYER ET AL., APPELLEES. No. 26170Supreme Court of Ohio. Decided November 25, 1936. Supreme Court — Dismissals — No debatable constitutional question involved — Aid for Aged Persons Law — Sections 1359-1 to 1359-30, inclusive, General Code — Due process and equal protection […]
ROCKY R. APTS., INC. v. TAX COMM., 138 Ohio St. 455 (1941)
35 N.E.2d 573 ROCKY RIVER APARTMENTS, INC., APPELLANT v. TAX COMMISSION OF OHIO ET AL., APPELLEES. No. 28671Supreme Court of Ohio. Decided June 18, 1941. Supreme Court — Dismissal — No debatable constitutional question involved — Taxation — Assessment and valuation of real property — Not made by county auditor personally — Board of revision […]
IN RE J. A. M., 2010-0780 (11-17-2011)
2011-Ohio-5911 In re J. A. M. No. 2010-0780.Supreme Court of Ohio. November 17, 2011. RECONSIDERATION OF PRIOR DECISION Wyandot App. No. 16-09-17, 2010-Ohio-1088. Reported at ___ Ohio St.3d ___, 2011-Ohio-5349, ___ N.E.2d ___. This cause came on for further consideration upon the filing of appellant’s motion for reconsideration or, in the alternative, motion to stay […]
SMITH v. KROEGER, SUPT., 138 Ohio St. 508 (1941)
37 N.E.2d 45 SMITH, APPELLEE v. KROEGER, SUPT. OF BLDG. LOAN ASSNS., ET AL.; LONG, APPELLANT. No. 28607Supreme Court of Ohio. Decided October 22, 1941. Building and loan associations — Agreement to assume outstanding liabilities of another association — Refusal to recognize claims of holders of paid-up stock deposits — One claimant may maintain class […]
KEMP v. KEMP, 118 Ohio St.3d 1412 (2008)
2008-Ohio-2340 Kemp v. Kemp. No. 2007-2364.Supreme Court of Ohio. May 21, 2008. Stark App. No. 2007-CA-00045, 2007-Ohio-6116. RECONSIDERATION OF PRIOR DECISIONS. Reported at 117 Ohio St.3d 1441, 2008-Ohio-1279, 883 N.E.2d 458. On motion for reconsideration. Motion denied.
STATE v. FENNEL, 83 Ohio St.3d 1432 (1998)
699 N.E.2d 947 State v. Fennel. 98-1358.Supreme Court of Ohio. September 23, 1998. Hamilton App. No. C-920845.
STATE v. LEWIS, 85 Ohio St.3d 1443 (1999)
708 N.E.2d 209 State v. Lewis. No. 99-110.Supreme Court of Ohio. Decided April 7, 1999. On Appeal from Cuyahoga App. No. 73736. Pfeifer, J., dissents.
RECONSIDERATION DOCKET, 77 Ohio St.3d 1501 (1996)
673 N.E.2d 599Supreme Court of Ohio. 1996. RECONSIDERATION DOCKET Tuesday, December 24, 199695-572. Grafton v. Ohio Edison Co. Lorain App. No. 94CA005877. Reported at 77 Ohio St.3d 102, 671 N.E.2d 241. On motion for reconsideration. Motion denied. DOUGLAS and RESNICK, JJ., dissent. PEGGY BRYANT, J., of the Tenth Appellate District, sitting for COOK, J. Page […]
CINCINNATI v. BARTON, 115 Ohio St.3d 1410 (2007)
2007-Ohio-4884 Cincinnati v. Barton. No. 2007-0918.Supreme Court of Ohio. September 26, 2007. Hamilton App. Nos. C-060548 and C-060549. APPEALS NOT ACCEPTED FOR REVIEW.
MOTION DOCKET, 39 Ohio St.3d 725 (1988)
534 N.E.2d 348Supreme Court of Ohio. 1988. MOTION DOCKET Wednesday, November 9, 1988 86-1597. State v. Holloway. Hamilton County, No. C-840871. Reported at 38 Ohio St.3d 239, 527 N.E.2d 831. On motion for stay. Motion granted. 88-107. Digital Analog Design Corp. v. North Supply Co Lorain County, No. 4213. On motion to strike or in […]
WEYBRECHT CO. v. INDEM. CO., 161 Ohio St. 436 (1954)
119 N.E.2d 836 THE J.T. WEYBRECHT’S SONS CO., APPELLEE v. THE HARTFORD ACCIDENT INDEMNITY CO. ET AL., APPELLANTS. No. 33781Supreme Court of Ohio. Decided May 19, 1954. Public buildings — Bond of contractor — Sections 2365-1 to 2365-4, General Code — Obligation for payment of labor and material — “Subcontractor” construed — Includes one furnishing […]
MISCELLANEOUS DISMISSALS, Unpublished Decision (6-6-2005)
2005-Ohio-2759 MISCELLANEOUS DISMISSALS. Supreme Court of Ohio. June 6, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MISCELLANEOUS DISMISSALS 2003-2165. State v. Koliser. Mahoning C.P. No. 03CR535. This cause is pending before the court as a death penalty appeal from the Court of Common Pleas of Mahoning County. On May […]
STATE v. LAWWILL, 122 Ohio St.3d 1456 (2009)
2009-Ohio-3131 State v. Lawwill. No. 2009-0596.Supreme Court of Ohio. July 1, 2009. Cuyahoga App. No. 91032, 2009-Ohio-484. APPEALS NOT ACCEPTED FOR REVIEW. PFEIFER and LANZINGER, JJ., dissent.
SMITH v. HIPP, 175 Ohio St. 562 (1964)
197 N.E.2d 194 SMITH ET AL., APPELLEES v. HIPP ET AL., APPELLANTS. No. 38475Supreme Court of Ohio. Decided March 11, 1964. APPEAL from the Court of Appeals for Lucas County. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. TAFT, C.J., ZIMMERMAN, KOVACHY, O’NEILL, GRIFFITH, HERBERT […]
VAUGHN INDUSTRIES v. REECE, 116 Ohio St.3d 1511 (2008)
2007-Ohio-381 State ex rel. Vaughn Industries, L.L.C. v. Reece. No. 2007-1795.Supreme Court of Ohio. February 6, 2008. In Prohibition. Reported at 116 Ohio St.3d 1212, 2007-Ohio-6670, 878 N.E.2d 1050. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. Request for oral argument denied. O’DONNELL and LANZINGER, JJ., dissent.
REHEARING DOCKET, 62 Ohio St.3d 1434 (1991)
578 N.E.2d 821-826Supreme Court of Ohio. 1991. REHEARING DOCKET Wednesday, October 16, 1991 90-1008. Hoover Universal, Inc. v. Limbach. Board of Tax Appeals, Nos. 87-D-771, 87-C-772 and 87-J-773. Reported at 61 Ohio St.3d 563, 575 N.E.2d 811. On motion for rehearing. Rehearing denied. RESNICK, J., dissents. 90-1052. Little Forest Medical Ctr. of Akron v. Ohio […]
STATE, ETC. v. DEFENBACHER, 148 Ohio St. 465 (1947)
76 N.E.2d 704 THE STATE, EX REL. SHAFFER, DIR. OF HIGHWAYS v. DEFENBACHER, DIR. OF FINANCE. No. 31226Supreme Court of Ohio. Decided November 19, 1947. Gasoline excise funds — Separate and distinct taxes levied — Sections 5527 and 5541, General Code — Both taxes appropriated for state highway maintenance alone — Amended Section 5537, General […]
CAMBRIDGE COMMONS LTD. v. BD., 106 Ohio St.3d 27 (2005)
2005-Ohio-3558, 830 N.E.2d 1147 CAMBRIDGE COMMONS LIMITED PARTNERSHIP, APPELLANT, v. GUERNSEY COUNTY BOARD OF REVISION ET AL., APPELLEES. No. 2003-1710.Supreme Court of Ohio.Submitted May 11, 2005. Decided July 27, 2005. Appeal from the Board of Tax Appeals, No. 2002-V-1272. PER CURIAM. {¶ 1} The appellant, Cambridge Commons Limited Partnership, challenges the value assigned to its […]
STATE v. KEITH, 118 Ohio St.3d 1435 (2008)
2008-Ohio-2595 State v. Keith. No. 2008-0576.Supreme Court of Ohio. June 4, 2008. Allen App. No. 1-06-46, 2007-Ohio-4632. APPEALS NOT ACCEPTED FOR REVIEW.
PENNSYLVANIA RD. CO. v. OBERLANDER, 113 Ohio St. 436 (1925)
149 N.E. 401 THE PENNSYLVANIA RD. CO. v. OBERLANDER. No. 19006Supreme Court of Ohio. Decided November 3, 1925. Railroads — Liability for delay in shipment during federal control — Action after termination thereof should be against federal agent — Section 206 (a), Transportation Act of 1920 — Two-year limitation of action. 1. A railroad company […]
IN RE T.G., 113 Ohio St.3d 1520 (2007)
2006-Ohio-5504 In re T.G. No. 2006-2256.Supreme Court of Ohio. May 24, 2007. Butler App. Nos. CA2005-10-444 and CA2005-12-521, Appeals Not Accepted For Review On March 28, 2007, this court announced that the above-captioned appeal had not been accepted for review. However, no formal judgment entry dismissing the appeal was signed and filed with the Clerk […]
SNEED v. ANDERSON, 112 Ohio St.3d 1435 (2007)
2007-Ohio-225 State ex rel. Sneed v. Anderson. No. 2007-0081.Supreme Court of Ohio. January 23, 2007. Appeal from the Lorain App. No. 06CA009051. Motion and Procedural Rulings This cause is pending before the court as an appeal from the Court of Appeals for Lorain County. Upon consideration of appellant’s motion for appointment of counsel, It is […]
STATE, EX REL. v. McINTOSH, 145 Ohio St. 107 (1945)
60 N.E.2d 786 THE STATE, EX REL. LEMPERLE, APPELLANT v. McINTOSH ET AL., TRUSTEES OF POLICE RELIEF AND PENSION FUND OF CITY OF CINCINNATI, ET AL., APPELLEES. No. 30129Supreme Court of Ohio. Decided April 11, 1945. Police relief fund — Gratuitous pension reduced during time pensioner engaged in profitable occupation — Rule adopted by trustees, […]
STATE v. CLARK, 148 Ohio St. 472 (1947)
76 N.E.2d 397 THE STATE OF OHIO, APPELLEE v. CLARK ET AL., APPELLANTS. No. 31110Supreme Court of Ohio. Decided October 8, 1947. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Murder — Conspiracy to unlawfully evict tenants from property of one of accused — Owner rounded up several persons […]
DISMISSALS, SUA SPONTE, 77 Ohio St.3d 1542 (1997)
674 N.E.2d 1182-1188Supreme Court of Ohio. 1997. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Wednesday, January 29, 199796-2293. In re Gottesman. Warren App. No. CA95-12-115. 96-2397. State v. Pannell. Wayne App. No. 96CA0009. DOUGLAS, J., dissents. 96-2402. State v. Hagan. Allen App. No. 1-96-48. Page 1543 96-2405. State v. […]
HARRIS v. HARRIS, 147 Ohio St. 437 (1947)
72 N.E.2d 378 HARRIS, APPELLEE v. HARRIS, A MINOR, ET AL., APPELLANTS. No. 30709Supreme Court of Ohio. Decided February 28, 1947. Trusts — Amendable and revocable living trust, reserving income to settlor, valid — Section 8617, General Code — Where settlor retains dominion and control over trust property — Widow may assert right to distributive […]
STATE v. PERKINS, 18 Ohio St.3d 193 (1985)
480 N.E.2d 763 THE STATE OF OHIO, APPELLANT, v. PERKINS, APPELLEE. No. 84-1490Supreme Court of Ohio. Decided July 17, 1985. Criminal law — Search and seizure — Ultimate or inevitable discovery exception to Exclusionary Rule adopted. O.Jur 3d Criminal Law §§ 205, 326. The ultimate or inevitable discovery exception to the Exclusionary Rule is hereby […]
STATE v. EDWARDS, 86 Ohio St.3d 1463 (1999)
715 N.E.2d 566 State v. Edwards. No. 99-1090.Supreme Court of Ohio. Announcement: September 1, 1999. APPEAL from Hamilton App. Nos. C-980208 and C-980368.
STATE v. SHOFFNER, 85 Ohio St.3d 1451 (1999)
708 N.E.2d 724 State v. Shoffner. No. 99-544.Supreme Court of Ohio. April 12, 1999. Appeal from the Shelby App. Nos. 17-98-11 and 17-98-12. This cause is pending before the court as a discretionary appeal and claimed appeal of right from the Court of Appeals for Shelby County. Upon consideration of appellants’ motion to stay execution […]
STATE v. GILL, 70 Ohio St.3d 150 (1994)
637 N.E.2d 897 THE STATE OF OHIO, APPELLANT, v. GILL, APPELLEE. CITY OF SYLVANIA, APPELLEE, v. ROBINSON, APPELLANT. Nos. 93-1098 and 94-38Supreme Court of Ohio.Submitted May 10, 1994 — Decided August 31, 1994. Page 151 CERTIFIED by the Court of Appeals for Franklin County, No. 92AP-945. CERTIFIED by the Court of Appeals for Lucas County, […]
STATE EX REL. v. COURT, 175 Ohio St. 355 (1963)
194 N.E.2d 849 THE STATE EX REL. BIER, APPELLANT v. COURT OF COMMON PLEAS OF BUTLER COUNTY ET AL., APPELLEES. No. 38195Supreme Court of Ohio. Decided December 18, 1963. Prohibition — Remedy not available as substitute for appeal — Not available to prevent anticipated erroneous judgment — Or for correction of errors. APPEAL from the […]
KARUN v. DEPT. OF LIQUOR CONTROL, 170 Ohio St. 126 (1959)
163 N.E.2d 44 KARUN, APPELLANT v. DEPT. OF LIQUOR CONTROL, APPELLEE. No. 36191Supreme Court of Ohio. Decided November 25, 1959. Supreme Court — Dismissal — No debatable constitutional question involved — Revocation of liquor permit — Board of Liquor Control — Hearing — Notice — Regulations of Department of Liquor Control — “Motion” for rehearing […]
DISCRETIONARY APPEALS ALLOWED, 71 Ohio St.3d 1413 (1994)
641 N.E.2d 1108-1112Supreme Court of Ohio. 1994. DISCRETIONARY APPEALS ALLOWED Wednesday, November 23, 1994 94-1464. Reynolds v. Goll. Lorain County, No. 93CA005720. MOYER, C.J., WRIGHT and RESNICK, JJ., dissent. 94-1693. In re Byard. Tuscarawas County, Nos. 93AP100073 and 93AP110078. A.W. SWEENEY, WRIGHT and F.E. SWEENEY, JJ., dissent. 94-1752. Steele v. Auburn Vocational School Dist. Lake […]
IN RE HENRY-FULTON v. BCC, 158 Ohio St. 332 (1952)
109 N.E.2d 11 IN THE MATTER OF THE APPEAL IN JOINT COUNTY DITCH No. 1108-2, HENRY-FULTON COUNTY, OHIO, PETITIONED FOR BY CLAY DAVIS ET AL.: DAVIS ET AL., APPELLEES, v. BOARD OF COUNTY COMMRS. OF FULTON COUNTY ET AL., APPELLANTS. No. 33201Supreme Court of Ohio. Decided November 19, 1952. Supreme Court — Dismissal — No […]
STATE v. SIMMS, 87 Ohio St.3d 1417 (1999)
717 N.E.2d 1105 State v. Simms. No. 99-1356.Supreme Court of Ohio. October 20, 1999. Cuyahoga App. No. 74702.
STATE EX REL. v. IND. COM., 160 Ohio St. 443 (1954)
117 N.E.2d 22 THE STATE, EX REL. ENGLISH v. INDUSTRIAL COMMISSION OF OHIO ET AL. No. 33418Supreme Court of Ohio. Decided January 13, 1954. Statutory construction — Constitutionality upheld — Concurrence of judges — Insufficient number to declare statute unconstitutional. IN MANDAMUS. ON REHEARING. Mr. Roger F. Small, Jr., and Mr. R. Brooke Alloway, for […]
STATE v. MASTERS, 2007-1759 (4-30-2008)
2008-Ohio-2014 State v. Masters, Slip Opinion No. 2008-Ohio-1964. No. 2007-1759.Supreme Court of Ohio. April 30, 2008. MERIT DECISIONS WITH OPINIONS Crawford App. No. 3-06-20, 172 Ohio App.3d 666, 2007-Ohio-4229. The cause is dismissed, sua sponte, as having been improvidently accepted. Moyer, C.J., and Pfeifer, O’Connor, Lanzinger, and Cupp, JJ., concur. Lundberg Stratton and O’Donnell, JJ., […]
STATE v. J.G., 123 Ohio St.3d 1421 (2009)
2009-Ohio-5340 State v. J.G. No. 2009-1556.Supreme Court of Ohio. October 14, 2009. Franklin App. Nos. 08AP-921 and 08AP-972, 2009-Ohio-2857. On motion for leave to file delayed appeal. Motion granted. Motion to supplement the record denied as moot. O’CONNOR, O’DONNELL, and LANZINGER, JJ., dissent.
STATE v. FRASHUER, 125 Ohio St.3d 1446 (2010)
2010-Ohio-2510 State v. Frashuer. No. 2010-0703.Supreme Court of Ohio. June 9, 2010. Summit App. No. 24769, 2010-Ohio-634. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion granted. O’CONNOR and LANZINGER, JJ., dissent.
HAWK v. GOLDSBERRY, 126 Ohio St.3d 1620 (2010)
2010-Ohio-5213, 935 N.E.2d 857 Hawk v. Goldsberry. No. 2010-1733.Supreme Court of Ohio. October 28, 2010. 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 respondent’s motion for stay of proceedings, It is ordered by the court that the […]
STATE v. TATE, 113 Ohio St.3d 1417 (2007)
2007-Ohio-1036 State v. Tate. No. 2006-2378.Supreme Court of Ohio. March 14, 2007. Cuyahoga App. No. 88930. Appeals not Accepted for Review
POL v. MILLER, 116 Ohio St.3d 1411 (2007)
2007-Ohio-6140 Pol v. Miller. No. 2007-1371.Supreme Court of Ohio. November 21, 2007. Hamilton App. No. C-060539, 2007-Ohio-2954. APPEALS NOT ACCEPTED FOR REVIEW
STATE, EX REL., v. INDUS. COMM., 18 Ohio St.3d 281 (1985)
480 N.E.2d 807 THE STATE, EX REL. CONSOLIDATION COAL COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 84-1201Supreme Court of Ohio. Decided July 24, 1985. Workers’ compensation — Application for additional compensation — Determination that claim is not barred by R.C. 4123.52 is appealable pursuant to R.C. 4123.519 — Writ properly denied. […]
MOTION DOCKET, 71 Ohio St.3d 1456 (1995)
644 N.E.2d 1026-1031Supreme Court of Ohio. 1995. MOTION DOCKET Wednesday, February 1, 1995 94-594. State ex rel. Enyart v. O’Neil. Franklin County, No. 93APD10-1424. On request for oral argument. Request denied. 94-1413. Malone v. Courtyard by Marriott L.P. Franklin County, No. 93APE10-1407. On motion to clarify court order. Motion denied. 94-2104. State ex rel. Edwards […]
STATE v. WEBB, 107 Ohio St.3d 1696 (2005)
2005-Ohio-6763 STATE v. WEBB. 2005-1693.Supreme Court of Ohio. December 28, 2005. Cuyahoga App. No. 85318, 2005-Ohio-3839. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2004-1877, State v. Saxon, Cuyahoga App. No. 83889, 2004-Ohio-5017; and briefing schedule stayed.
MOTION DOCKET, 69 Ohio St.3d 1482 (1994)
634 N.E.2d 1023, 1029Supreme Court of Ohio. 1994. MOTION DOCKET Wednesday, July 6, 1994 93-2560. Kenty v. TransAmerica Premier Ins. Co. Franklin County, No. 93AP-478. On motion for leave to file brief amicus curiae by Ohio Academy of Trial Lawyers. Motion granted. WRIGHT, J., not participating. 93-2582. Connors v. Sterling Milk Co. Henry County, No. […]
DISCIPLINARY COUNSEL v. HOWARD, 2009-0407 (8-25-2009)
2009-Ohio-4281, 914 N.E.2d 377 Disciplinary Counsel v. Howard, Slip Opinion No. 2009-Ohio-4173. No. 2009-0407.Supreme Court of Ohio. August 25, 2009. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-012. Lee Howard, Attorney Registration No. 0026930, is suspended from the practice of law in Ohio for two […]
ROEMISCH v. MUTUAL OF OMAHA INS. CO., 39 Ohio St.2d 119 (1974)
314 N.E.2d 386 ROEMISCH, APPELLANT, v. MUTUAL OF OMAHA INSURANCE CO., APPELLEE. No. 73-953Supreme Court of Ohio. Decided July 17, 1974. Appeal — Order dismissing class action — Final appealable order, when — Civ. R. 23(C) (1) — R.C. 2505.02. An order of a trial court, pursuant to Civ. R. 23(C) (1), determining that an […]
DISCIPLINARY COUNSEL v. BANDMAN, 2009-2316 (5-20-2010)
2010-Ohio-2211 Disciplinary Counsel v. Bandman, Slip Opinion No. 2010-Ohio-2115. No. 2009-2316.Supreme Court of Ohio. May 20, 2010. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-035. Marc Benjamin Bandman, Attorney Registration No. 0038487, is indefinitely suspended from the practice of law in Ohio. Pfeifer, Lundberg Stratton, […]
STATE EX REL. v. LASHUTKA, 72 Ohio St.3d 185 (1995)
648 N.E.2d 808 THE STATE EX REL. POLICE OFFICERS FOR EQUAL RIGHTS ET AL. v. LASHUTKA, MAYOR, ET AL. No. 95-603Supreme Court of Ohio.Submitted March 30, 1995 — Decided April 20, 1995. IN MANDAMUS and PROHIBITION. On March 23, 1995, relators, Police Officers for Equal Rights (“POER”), James Moss and John S. Marshall, filed an […]
KLEIN v. STREICHER, 93 Ohio St.3d 446 (2001)
755 N.E.2d 880 Klein et al., Appellees, v. Streicher, Chief of Police, et al., Appellants. No. 00-1847.Supreme Court of Ohio.Submitted August 28, 2001. Decided October 17, 2001. Appeal from the Court of Appeals for Hamilton County, No. C-000678. The judgment of the court of appeals is reversed on the authority of R.C. 2505.02 and Guccione […]
GRIFFITH v. STATE, 123 Ohio St.3d 1492 (2009)
2009-Ohio-6015 Griffith v. State. No. 2009-1363.Supreme Court of Ohio. November 18, 2009. Franklin App. No. 08AP-964, 2009-Ohio-2854. Appeals Accepted for Review. LANZINGER, J., dissents.
STATE v. O’NEAL, 126 Ohio St.3d 1620 (2010)
2010-Ohio-5101, 935 N.E.2d 856 State v. O’Neal. No. 2010-0862.Supreme Court of Ohio. October 27, 2010. Medina App. No. 09CA0045-M, 2010-Ohio-1252. Reported at 126 Ohio St.3d 1546, 2010-Ohio-3855, 932 N.E.2d 340. Reconsideration of Prior Decisions. On motion for reconsideration. Motion denied. LANZINGER, O’DONNELL, and CUPP, JJ., dissent.
GALLAGHER v. TOLEDO, 168 Ohio St. 508 (1959)
156 N.E.2d 466 GALLAGHER, APPELLANT v. CITY OF TOLEDO, APPELLEE. No. 35528Supreme Court of Ohio. Decided February 18, 1959. Municipal corporations — Duty to keep sidewalks in repair and free from nuisance — Section 723.01, Revised Code — Variation of heights of concrete slabs of sidewalk — Loose gravel carried onto sidewalk by automobiles from […]
STATE v. CARTER, 105 Ohio St.3d 1542 (2005)
2005-Ohio-2188, 827 N.E.2d 326 State v. Carter. No. 2005-0550.Supreme Court of Ohio. May 11, 2005. Franklin App. No. 03AP-778, 2005-Ohio-291. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK and LANZINGER, JJ., dissent.
MAHONING CTY. BAR ASSN. v. MELNICK, Unpublished Decision (12-14-2005)
2005-Ohio-6480 MAHONING CITY BAR ASSOCIATION v. MELNICK No. 2005-1157.Supreme Court of Ohio. December 14, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS2005-Ohio-6265. On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-066. Robert Melnick, Attorney Registration No. 0014788, is publicly reprimanded. Moyer, […]
STATE v. BILLINGSLEY, 2011-0827 (11-21-2011)
2011-Ohio-5980 State v. Billingsley. No. 2011-0827.Supreme Court of Ohio. November 21, 2011. MISCELLANEOUS DISMISSAL Page 2 Portage App. Nos. 2010P0030 and 2010P0031, 2011-Ohio-1859. This cause is pending before the court as an appeal from the Portage County Court of Appeals. The records of this court indicate that appellant has not filed a merit brief, due […]
STATE v. DURAMED PHARM., Unpublished Decision (12-28-2005)
2005-Ohio-6763 State ex rel. Brown v. Duramed Pharmaceuticals, No. 2005-0562.Supreme Court of Ohio. December 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-81, 2005-Ohio-750. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.
FULLER v. DRENBERG, 3 Ohio St.2d 109 (1965)
209 N.E.2d 417 FULLER, D.B.A. ROBERT C. FULLER BUILDING CO., ET AL., APPELLANTS, v. DRENBERG ET AL., APPELLEES. No. 39098Supreme Court of Ohio. Decided July 14, 1965. Real property — Deed delivered and accepted — No cause of action on prior agreement exists — Natural watercourse not an “incumbrance.” 1. Where a deed is delivered […]
KIMBERLY Y. v. CHARLES M., 84 Ohio St.3d 1487 (1999)
705 N.E.2d 367 Kimberly Y. v. Charles M. No. 99-6.Supreme Court of Ohio. February 3, 1999. Appealed from Lucas App. No. L-98-1163. On motion for stay of judgment of court of appeals. Motion granted; sua sponte, discretionary appeal allowed; cause held for the decision in 97-2398, Cuyahoga Child Support Enforcement Agency v. Guthrie, Cuyahoga App. […]
SQUIRE v. GEER, 2007-1684 (4-2-2008)
2008-Ohio-1575 Squire v. Geer, Slip Opinion No. 2008-Ohio-1432. No. 2007-1684.Supreme Court of Ohio. April 2, 2008. MERIT DECISIONS WITH OPINIONS Franklin App. No. 06AP-1285. Judgment affirmed. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Page 1
IN RE DISQUALIFICATION OF GREER, Unpublished Decision (4-4-1997)
IN RE DISQUALIFICATION OF GREER. BEERY ET AL. v. HIGHLAND COUNTY BOARD OF COMMISSIONERS. No. 97-AP-047.Supreme Court of Ohio. Decided April 4, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Judges — Affidavit of disqualification — Prior professional activities and relationships not grounds for disqualification of judge, when. On Affidavit […]
WILMINGTON STEEL v. CLEVE. ELEC. ILLUM. CO., 60 Ohio St.3d 120 (1991)
573 N.E.2d 622 WILMINGTON STEEL PRODUCTS, INC., APPELLEE, v. CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT. No. 90-813Supreme Court of Ohio.Submitted April 9, 1991 — Decided June 5, 1991. Civil procedure — Trial court acts within its discretion in denying a motion to amend the pleading when plaintiff fails to make a prima facie showing of support […]
STATE EX REL. BAILEY v. INDUS. COMM., 82 Ohio St.3d 174 (1998)
694 N.E.2d 960 THE STATE EX REL. BAILEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 95-2091Supreme Court of Ohio.Submitted May 12, 1998 — Decided June 17, 1998. APPEAL from the Court of Appeals for Franklin County, No. 94APD09-1284. Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for appellant. The judgment […]
DISCIPLINARY COUNSEL v. SHIMKO, 124 Ohio St.3d 1201 (2009)
2009-Ohio-6879 DISCIPLINARY COUNSEL v. SHIMKO. Page 1202 No. 2009-1957.Supreme Court of Ohio.Submitted December 8, 2009. Decided December 15, 2009. ON CERTIFIED ORDER of the Supreme Court of Arizona, No. SB-09-0061-D. {¶ 1} This cause is pending before the Supreme Court of Ohio in accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F). {¶ 2} […]
STATE v. NEWTON, 108 Ohio St.3d 1513 (2006)
2006-Ohio-1329, 844 N.E.2d 857 State v. Newton. No. 2003-0565.Supreme Court of Ohio. March 29, 2006. Richland C.P. 02-CR-48H. Reported at 108 Ohio St.3d 13, 2006-Ohio-81, 840 N.E.2d 593. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.
STATE EX REL. v. COMMON PLEAS, 83 Ohio St.3d 487 (1998)
700 N.E.2d 1232 THE STATE EX REL. TAFT-O’CONNOR `98 v. COURT OF COMMON PLEAS OF FRANKLIN COUNTY ET AL. No. 98-2109Supreme Court of Ohio.Submitted October 13, 1998. Decided October 14, 1998. Page 488 Chester, Willcox Saxbe, John J. Chester, Roderick H. Willcox, Charles Rockwell Saxbe and Donald C. Brey, for relator. DOUGLAS, Acting C.J. S.Ct.Prac.R. […]
PLOTKIN v. MEEKS, 131 Ohio St. 493 (1936)
3 N.E.2d 404 PLOTKIN v. MEEKS. No. 25677Supreme Court of Ohio. Decided July 15, 1936. Negligence — Special charge to jury properly refused — Plaintiff’s negligence assumed and only proximate cause left to jury — Special instruction, based upon assumption of disputed fact, properly refused. 1. When contributory negligence is a controverted issue, it is […]
STATE v. RUFFIN, 125 Ohio St.3d 1442 (2010)
2010-Ohio-2212 State v. Ruffin. No. 2010-0490.Supreme Court of Ohio. May 26, 2010. Cuyahoga App. No. 94217. Appeals Not Accepted for Review.
ADMINISTRATIVE DOCKET, 66 Ohio St.3d 1463 (1993)
610 N.E.2d 1004, 1005Supreme Court of Ohio. 1993. ADMINISTRATIVE DOCKET Thursday, April 22, 1993 1. Proposed amendments to M.C.Sup.R. 13 and 99 (compensation of assigned judges) were adopted, effective upon publication in the Ohio Official Reports. 2. Lawrence Dumford was appointed to the Ohio Public Defender Commission. 3. The court will participate in the Columbus […]
MERIT DOCKET, 67 Ohio St.3d 1516 (1993)
622 N.E.2d 1084-1087Supreme Court of Ohio. 1993. MERIT DOCKET Tuesday, November 30, 1993 93-2316. Westerville N. High School v. Warren. In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of relators’ request to expedite and request for oral argument, IT IS ORDERED by […]
TODD DEV. CO., INC. v. MORGAN, 2007-0041 (1-17-2008)
2008-Ohio-123 Todd Dev. Co., Inc. v. Morgan, Slip Opinion No. 2008-Ohio-87. No. 2007-0041.Supreme Court of Ohio. January 17, 2008. MERIT DECISIONS WITH OPINIONS Warren App. No. CA2005-11-124, 2006-Ohio-4825. The certified question is answered in the negative, and the judgment of the court of appeals is reversed. Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, […]
STATE v. TURRENTINE, 120 Ohio St.3d 1485 (2009)
2009-Ohio-278 State v. Turrentine. No. 2008-2327.Supreme Court of Ohio. January 28, 2009. Allen App. No. 1-08-18, 2008-Ohio-3231. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. LANZINGER, J., dissents.
CINCINNATI v. P. U. C., 149 Ohio St. 570 (1948)
80 N.E.2d 150 CITY OF CINCINNATI, APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 31302Supreme Court of Ohio. Decided June 9, 1948. Public Utilities Commission — Interim rates may be established and enforced — Section 614-32, General Code — Appeal by utility from municipal rate-fixing ordinance, pending before commission — No existing contract between […]
MOTION DOCKET, 72 Ohio St.3d 1428 (1995)
648 N.E.2d 1371-1374Supreme Court of Ohio. 1995. MOTION DOCKET Monday, May 8, 1995 94-372. State v. Joseph. Allen County, No. 1-91-11. This cause is pending before the court as an appeal from the Court of Appeals for Allen County. Upon consideration of appellant’s motion to strike merit brief of appellee, IT IS ORDERED by the […]
STATE EX REL. TIMMERMAN TRUSS v. INDUS. COMM., 102 Ohio St.3d 244 (2004)
2004-Ohio-2589, 809 N.E.2d 15 The State ex rel. Timmerman Truss, Inc., Appellee, v. Industrial Commission of Ohio; Wagner, Appellant. Page 245 No. 2003-1777.Supreme Court of Ohio.Submitted April 13, 2004. Decided June 9, 2004. Appeal from the Court of Appeals for Franklin County, No. 02AP-1357, 2003-Ohio-4511. PER CURIAM. {¶ 1} On September 23, 1998, appellant-claimant, Chad […]
IN RE DISQUALIFICATION OF O’NEILL, 100 Ohio St.3d 1228 (2002)
2002-Ohio-7477, 798 N.E.2d 13 In re Disqualification of O’Neill. The State of Ohio v. Thompson. The State of Ohio v. Tolliver. The State of Ohio v. Armor. No. 02-AP-081.Supreme Court of Ohio. Decided September 19, 2002. On Affidavit of Disqualification in Franklin County Common Pleas Court case Nos. 02CR1942, 02CR3246, and 87CR860. Moyer, C.J. {¶ […]
STANDARD PRESSED STEEL CO. v. LINDLEY, 62 Ohio St.2d 268 (1980)
405 N.E.2d 281 STANDARD PRESSED STEEL CO., CLEVELAND CAP SCREW DIV., APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE. No. 79-1516Supreme Court of Ohio. Decided June 4, 1980. Taxation — Sales and use taxes — Exceptions — Items used directly in manufacturing — R.C. 5739.01(E), construed. APPEAL from the Board of Tax Appeals. The Standard Pressed Steel […]
MASON CITY SCHOOL DIST. v. BD. OF ELECT., Unpublished Decision (10-10-2005)
2005-Ohio-5364 Mason City School Dist. v. Warren Cty. Bd. of Elections. No. 2005-1704.Supreme Court of Ohio. October 10, 2005. [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 separately.
DISCIPLINARY COUNSEL v. CROSBY, 124 Ohio St.3d 226 (2009)
2009-Ohio-6763 DISCIPLINARY COUNSEL v. CROSBY. No. 2009-1172.Supreme Court of Ohio.Submitted September 30, 2009. Decided December 29, 2009. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 08-018. LANZINGER, J. {¶ 1} Respondent, William Matthew Crosby of Cleveland, Ohio, Attorney Registration No. 0002451, was admitted to the practice […]
STATE v. BAIRD, 116 Ohio St.3d 1436 (2007)
2007-Ohio-6518 State v. Baird. No. 2007-1996.Supreme Court of Ohio. December 12, 2007. Columbiana App. No. 06-CO-4, 2007-Ohio-3400. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and CUPP, JJ., dissent. Motion for stay or to hold proceedings in abeyance denied.
BURKHARDT BROS. CO. v. VILLASINO, 177 Ohio St. 46 (1964)
201 N.E.2d 881 BURKHARDT BROS. CO., APPELLEE v. VILLASINO, APPELLANT. No. 38852Supreme Court of Ohio. Decided October 7, 1964. APPEAL from the Court of Appeals for Hamilton County. Per Curiam. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, HERBERT […]
NEWMAN v. LEVIN, 114 Ohio St.3d 1493 (2007)
2007-Ohio-4057 Newman v. Levin. No. 2007-1054.Supreme Court of Ohio. August 10, 2007. Board of Tax Appeals, Nos. 2002-M-170, 2002-M-171, and 2002-M-172. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration thereof, It is ordered by the court, sua sponte, that the briefing […]
STATE v. AKRON AIRPORT POST NO. 8975, 19 Ohio St.3d 49 (1985)
482 N.E.2d 606 THE STATE OF OHIO, APPELLEE, v. AKRON AIRPORT POST NO. 8975, VETERANS OF FOREIGN WARS OF THE UNITED STATES, APPELLANT. No. 84-1529Supreme Court of Ohio. Decided August 9, 1985. Liquor control — R.C. 4301.10 does not empower law-enforcement officers who are not liquor department agents or employees to search liquor permittee’s premises, […]
TRAINING, INC. v. NICHOLS, 174 Ohio St. 177 (1963)
187 N.E.2d 594 FLIGHT TRAINING, INC., APPELLANT v. NICHOLS ET AL., APPELLEES. No. 37729Supreme Court of Ohio. Decided January 16, 1963. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Injunction — Leases — Construction — Breach — Evidence. APPEAL from the Court of Appeals for Lorain County. Mr. Hugh McNamee, […]
CLEVELAND METRO. BAR ASSN. v. FREEMAN, 128 Ohio St.3d 1488 (2011)
2011-Ohio-2194 Cleveland Metro. Bar Assn. Certified Grievance Commt. v. Freeman. No. 2010-2273.Supreme Court of Ohio. May 9, 2011. Disciplinary Cases It is ordered by this court, sua sponte, that Bryan Scott Freeman, Attorney Registration No. 0070637, last known business address in Cleveland, Ohio, is found in contempt for failure to comply with this court’s order […]
CLEVELAND BAR ASSOCIATION v. COX, 83 Ohio St.3d 218 (1998)
699 N.E.2d 455 CLEVELAND BAR ASSOCIATION v. COX. No. 97-2667Supreme Court of Ohio.Submitted May 13, 1998. Decided September 23, 1998. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-55. On December 9, 1996, relator, Cleveland Bar Association, filed a sixteen-count amended complaint charging respondent, Roosevelt Cox […]
LIFE INS. CO. v. LUZIO, 123 Ohio St. 616 (1931)
176 N.E. 446 JOHN HANCOCK MUTUAL LIFE INS. Co. v. LUZIO. No. 22616Supreme Court of Ohio. Decided May 20, 1931. Insurance — Life — Soliciting agent’s powers limited, not general — Section 9407, General Code — Insurer responsible where agent falsely reports facts disclosed by applicant — Insured, withholding facts affecting risk, cannot recover, unless […]
STATE EX REL. v. PARRINO, 174 Ohio St. 531 (1961)
190 N.E.2d 571 THE STATE EX REL., BAINES v. PARRINO, JUDGE. No. 37855Supreme Court of Ohio. Decided May 15, 1963. Mandamus — Action by prisoner after conviction — To require court to furnish record and transcript of testimony — Plea of guilty to indictment — Writ denied. IN MANDAMUS. This is an action in mandamus […]
WESTBROOK v. SWIATEK, 126 Ohio St.3d 1616 (2010)
2010-Ohio-5101, 935 N.E.2d 854 Westbrook v. Swiatek. No. 2010-1074.Supreme Court of Ohio. October 27, 2010. Delaware App. No. 2009 CAE 05 0048, 2010-Ohio-2868. Appeals not Accepted for Review. PFEIFER and O’DONNELL, JJ., dissent.