2011-Ohio-3436 In re Mullen, Slip Opinion No. 2011-Ohio-3361. No. 2010-0276.Supreme Court of Ohio. July 12, 2011. MERIT DECISION WITH OPINION Hamilton App. Nos. C-090285 and C-090407, 185 Ohio App.3d 457, 2009-Ohio-6934. Judgment of the court of appeals affirmed. Lundberg Stratton, O’Donnell, Lanzinger, and Cupp, JJ., concur. O’Connor, C.J., and Pfeifer and McGee Brown, JJ., dissent. […]
Category: Ohio Supreme Court Opinions
STATE v. DAVIS, 1 Ohio St.2d 28 (1964)
203 N.E.2d 357 THE STATE OF OHIO, APPELLEE v. DAVIS, APPELLANT. No. 38824Supreme Court of Ohio. Decided December 29, 1964. Criminal law — Illegal search and seizure of evidence tending to incriminate accused — Failure to file pretrial motion to suppress — Waiver of right to object. 1. Where there has been an illegal search […]
O’BRIEN v. RAVENSWOOD, 112 Ohio St.3d 1492 (2007)
2007-Ohio-724 O’Brien v. Ravenswood Apts., Ltd. 2006-2131.Supreme Court of Ohio. February 28, 2007. Hamilton App. No. C-050713, 2006-Ohio-5264. APPEALS ACCEPTED FOR REVIEW
STATE v. CRAIG, 106 Ohio St.3d 1466 (2005)
2005-Ohio-3551, 830 N.E.2d 1171 State v. Craig. 2004-1554.Supreme Court of Ohio. July 14, 2005. Summit C.P. No. CR-2003-06-1638. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a death penalty appeal from the Court of Common Pleas of Summit County. Upon consideration of the appellant’s motion for stay of execution, IT IS […]
RICHARDS v. STRATTON, 112 Ohio St. 476 (1925)
147 N.E. 645 RICHARDS v. STRATTON. No. 18766Supreme Court of Ohio. Decided April 28, 1925. Negligence — Exercise of care — Liability of agent to third person — Pedestrian using unsafe alley not guilty of contributory negligence, when — Municipal ordinance to be pleaded and proven. 1. One who, though an agent of another, undertakes […]
PREFERRED CAPITAL, INC. v. POWER ENG. GROUP, 109 Ohio St.3d 1492 (2006)
2006-Ohio-2762, 848 N.E.2d 856 Preferred Capital, Inc. v. Power Eng. Group, Inc. 2005-2134.Supreme Court of Ohio. June 7, 2006. Summit App. Nos. 22475, 22476, 22477, 22478, 22485, 22486, 22487, 22488, 22489, 22497, 22499, 22506 and 22513, 163 Ohio App.3d 522, 2005-Ohio-5113. MOTION AND PROCEDURAL RULINGS On motion to strike Proposition of Law Nos. II and […]
STATE EX REL. KINNEBREU v. CLINIC CTR. HOTEL, 80 Ohio St.3d 688 (1998)
687 N.E.2d 1375 THE STATE EX REL. KINNEBREU, APPELLEE, v. CLINIC CENTER HOTEL ET AL., APPELLANTS. No. 95-902Supreme Court of Ohio.Submitted September 10, 1997 — Decided January 14, 1998. APPEAL from the Court of Appeals for Franklin County, No. 94APD03-284. Appellee-claimant, Ruth K. Kinnebreu, was injured on July 2, 1988 in the course of and […]
STATE v. HUNT, 47 Ohio St.2d 170 (1976)
351 N.E.2d 106 THE STATE OF OHIO, APPELLEE, v. HUNT, APPELLANT. No. 75-951Supreme Court of Ohio. Decided July 21, 1976. Criminal law — Sanity proceedings — Commitment to Lima State Hospital — Not a final, appealable order, when. Where the accused in a criminal case is found incompetent to stand trial and is committed to […]
VULCAN CORP. v. WESTHEIMER CO., 135 Ohio St. 136 (1939)
19 N.E.2d 901 VULCAN CORP., APPELLEE v. WESTHEIMER CO. ET AL.; OLBERDING, APPELLANT. No. 27435Supreme Court of Ohio. Decided March 1, 1939. Supreme Court — Dismissal — No debatable constitutional question involved — Corporations — Plan of recapitalization approved by two-thirds vote of shareholders — Exchange of old preferred shares for new issue — Right […]
MAHONING CTY. BD. v. STATE EMP. RELATIONS BD., 108 Ohio St.3d 1505 (2006)
2006-Ohio-1329, 844 N.E.2d 852 State ex rel. Mahoning Cty. Bd. of Mental Retardation Developmental Disabilities v. State Emp. Relations Bd. No. 2006-0038.Supreme Court of Ohio. March 29, 2006. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS On motion to dismiss. Motion to dismiss granted because relator has an adequate remedy at law. Motion of Mahoning Edn. Assn. […]
STATE EX REL. ROY v. INDUS. COMM., 74 Ohio St.3d 259 (1996)
658 N.E.2d 293 THE STATE EX REL. ROY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 94-1180Supreme Court of Ohio.Submitted October 24, 1995 — Decided January 10, 1996. APPEAL from the Court of Appeals for Franklin County No. 93APD05-731. Appellant-claimant, William D. Roy, was injured in the course of and arising from his employment with […]
DISCIPLINARY COUNSEL v. BLACKWELL, 79 Ohio St.3d 395 (1997)
683 N.E.2d 1074 OFFICE OF DISCIPLINARY COUNSEL v. BLACKWELL. No. 96-2789Supreme Court of Ohio.Submitted May 20, 1997 — Decided September 24, 1997. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-04. Effective December 17, 1990, fifteen months late, Joseph Henry Blackwell of Cleveland, Ohio, Attorney Registration […]
IN RE DISQUALIFICATION OF GWIN, 77 Ohio St.3d 1244 (1996)
674 N.E.2d 355 IN RE DISQUALIFICATION OF GWIN. LEE, ADMR., v. HILL, D.B.A. ROUTE 5 AUTO SALES, ET AL. No. 96-AP-056Supreme Court of Ohio. Decided April 26, 1996. ON AFFIDAVIT OF DISQUALIFICATION in Stark County Court of Common Pleas case No. 1995-CV-00133. MOYER, C.J. Affiant is counsel for the defendants in a wrongful death action […]
METZ v. AM. ELEC. POWER CO., 116 Ohio St.3d 1439 (2007)
2007-Ohio-6518 Metz v. Am. Elec. Power Co., Inc. No. 2007-1506.Supreme Court of Ohio. December 12, 2007. Franklin App. Nos. 06AP-1161 and 06AP-1166, 2007-Ohio-3520. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and cross-appeals not accepted. O’CONNOR, J., dissents and would accept the discretionary appeal.
RAMAGE v. CENTRAL OHIO EMERGENCY SERV., INC., 64 Ohio St.3d 97 (1992)
592 N.E.2d 828 RAMAGE ET AL., APPELLEES, v. CENTRAL OHIO EMERGENCY SERVICES, INC., ET AL., APPELLANTS. Nos. 91-351, 91-370 and 91-371Supreme Court of Ohio.Submitted January 8, 1992 — Decided June 24, 1992. Page 98 CERTIFIED by and APPEAL from the Court of Appeals for Guernsey County, Nos. 89-CA-20, 89-CA-43 and 89-CA-49. This case involves the […]
STATE v. JUSTICE, Unpublished Decision (4-7-1999)
State v. Justice. No. 99-81.Supreme Court of Ohio. Decided April 7, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] On Appeal from Fairfield App. No. 98CA00038.
IN RE RESIGNATION OF GARRETT, 127 Ohio St.3d 1252 (2010)
2010-Ohio-6089 IN RE RESIGNATION OF GARRETT. No. 2010-1723.Supreme Court of Ohio.Submitted November 16, 2010. Decided November 24, 2010. ON APPLICATION FOR RETIREMENT OR RESIGNATION PURSUANT TO GOV.BAR R. VI(6). {¶ 1} William Anthony Garrett, Attorney Registration No. 0031559, last known business address in Temperance, Michigan, who was admitted to the bar of this state on […]
THORTON v. MONTVILLE PLASTICS RUBBER, INC., 121 Ohio St.3d 406 (2009)
2009-Ohio-1516, 904 N.E.2d 896 THORTON, APPELLEE, v. MONTVILLE PLASTICS RUBBER, INC., APPELLANT; ADMINISTRATOR, BUREAU OF WORKERS’ COMPENSATION, APPELLEE. Page 407 No. 2008-0298.Supreme Court of Ohio.Submitted March 25, 2009. Decided April 7, 2009. APPEAL from the Court of Appeals for Geauga County, No. 2007-G-2760, 2007-Ohio-7115. {¶ 1} The judgment of the court of appeals is affirmed […]
STATE v. MARSH, 121 Ohio St.3d 1411 (2009)
2009-Ohio-805 State v. Marsh. No. 2008-2373.Supreme Court of Ohio. March 4, 2009. Ashtabula App. No. 2008-A-0045, 2008-Ohio-5865. APPEALS NOT ACCEPTED FOR REVIEW.
KNOWLES v. MERCURIO CUSTOM HOMES, INC., 105 Ohio St.3d 1563 (2005)
2005-Ohio-2447 KNOWLES v. MERCURIO CUSTOM HOMES, INC. No. 2005-0366.Supreme Court of Ohio. May 25, 2005. Hamilton App. No. C-040025, 2005-Ohio-33. APPEALS NOT ACCEPTED FOR REVIEW
EZAWA v. YASUDA FIRE MARINE INS. CO., 86 Ohio St.3d 1429 (1999)
Ezawa v. Yasuda Fire Marine Ins. Co. of Am. No. 98-1686.Supreme Court of Ohio. July 28, 1999. MOTION DOCKET APPEAL from Franklin App. No. 97APE10-1343. This cause is pending before the court as a discretionary appeal. On July 15, 1999, appellants filed a notice of supplemental authority citing a decision of this court. Whereas, S.Ct.Prac.R. […]
MISCELLANEOUS DISMISSALS, 67 Ohio St.3d 1401 (1993)
615 N.E.2d 238Supreme Court of Ohio. 1993. MISCELLANEOUS DISMISSIALS Wednesday, July 7, 1993 91-1454. State ex rel. Greenwalt v. Tuscarawas Cty. Court of Common Pleas. Tuscarawas County, No. 91AP060026. This cause is pending before the court as an appeal from the Court of Appeals for Tuscarawas County. Upon consideration of appellant’s application to dismiss her […]
AM. LEGION POST 25 v. OHIO CIV. RIGHTS COMM., 2006-2263 (3-26-2008)
2008-Ohio-1279 State ex rel. Am. Legion Post 25 v. Ohio Civ. Rights Comm., Slip Opinion No. 2008-Ohio-1261. No. 2006-2263.Supreme Court of Ohio. March 26, 2008. MERIT DECISIONS WITH OPINIONS Fayette App. No. CA2006-01-006, 171 Ohio App.3d 476, 2006-Ohio-5509. Judgment affirmed. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Page 1
STATE EX REL. D.B. v. OSWALT, 129 Ohio St.3d 1498 (2011)
2011-Ohio-5244, 954 N.E.2d 1210 State ex rel. D.B. v. Oswalt. No. 2011-1575.Supreme Court of Ohio. October 13, 2011. In Mandamus and Prohibition. MOTION AND PROCEDURAL RULING This cause originated in this court on the filing of a complaint for a writ of mandamus and prohibition. Upon consideration of relator’s motion for leave to redact portions […]
STATE EX REL. GMS MGT. v. VIVO, 126 Ohio St.3d 1608 (2010)
2010-Ohio-4979, 935 N.E.2d 52 State ex rel. GMS Mgt. Co., Inc. v. Vivo. No. 2010-1669.Supreme Court of Ohio. October 14, 2010. Mahoning App. No. 10 MA 1, 2010-Ohio-4184. Mediation Referrals. The following cases have been referred to mediation pursuant to S.Ct.Prac. R. 17.1(A):
STATE v. CONDRON, 84 Ohio St.3d 11 (1998)
701 N.E.2d 688 THE STATE OF OHIO, APPELLEE, v. CONDRON, APPELLANT. Nos. 98-884 and 98-886Supreme Court of Ohio.Submitted October 13, 1998. Decided November 25, 1998. APPEAL from and CERTIFIED by the Court of Appeals for Montgomery County, No. CA 16430. Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Cheryl A. Ross, Assistant Prosecuting Attorney, […]
TOWNE PROPERTIES v. FAIRFIELD, 50 Ohio St.2d 356 (1977)
364 N.E.2d 289 TOWNE PROPERTIES, INC., APPELLEE, v. CITY OF FAIRFIELD ET AL., APPELLANTS. No. 76-812Supreme Court of Ohio. Decided June 29, 1977. Taxation — Levy of tax by municipality — For recreational expenses — Not pre-empted by state law. R.C. Chapter 5705, creating the general tax levy, contains neither an expressed statutory interdiction nor […]
THE STATE OF OHIO v. LIOSI, 174 Ohio St. 552 (1963)
190 N.E.2d 689 THE STATE OF OHIO, APPELLEE v. LIOSI, APPELLANT. No. 38009Supreme Court of Ohio. Decided May 8, 1963. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Receiving stolen property — Search and seizure — Evidence — Admissibility. APPEAL from the Court of Appeals for Cuyahoga County. Mr. […]
LANDFILL v. COLERAIN TWP., 129 Ohio St.3d 1425 (2011)
2011-Ohio-3710 Rumpke Sanitary Landfill v. Colerain Twp. No. 2011-0181.Supreme Court of Ohio. July 29, 2011. Appeal from the Hamilton App. No. C-090223. Reported at 128 Ohio St.3d 1461, 2011-Ohio-1829, 945 N.E.2d 524. Reconsideration of Prior Decisions. On motion for reconsideration. Motion granted to the following extent: The discretionary appeal is accepted on Proposition of Law […]
STATE v. THOMAS, 113 Ohio St.3d 1442 (2007)
2007-Ohio-1266 State v. Thomas. No. 2006-2345.Supreme Court of Ohio. March 28, 2007. Cuyahoga App. No. 87306, 2006-Ohio-5591. Appeals Not Accepted for Review
MOTION DOCKET, 91 Ohio St.3d 1496 (2001)
745 N.E.2d 1052Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Friday April 13, 200100-1030. Ohio Hosp. Assn. v. Armstrong World Industries, Inc. Cuyahoga App. No. 76067. This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. On April 9, 2001, appellee filed a Suggestion of Bankruptcy. Upon […]
STATE, EX REL. EVANS, v. PEPSI-COLA BOTTLING CO., 22 Ohio St.3d 116 (1986)
489 N.E.2d 792 THE STATE, EX REL. EVANS, APPELLANT, v. PEPSI-COLA BOTTLING COMPANY OF COLUMBUS; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 85-769Supreme Court of Ohio. Decided February 19, 1986. Workers’ compensation — Temporary disability benefits — No evidence that claimant unable to work — Remand to Industrial Commission to take evidence. APPEAL from the Court […]
STATE v. ROBBINS, 58 Ohio St.2d 74 (1979)
388 N.E.2d 755 THE STATE OF OHIO, APPELLEE, v. ROBBINS, APPELLANT. No. 78-906Supreme Court of Ohio. Decided May 2, 1979. Criminal law — Aggravated murder — Finding of “prior calculation and design” — Justified, when — Self-defense — Defense established, how. 1. Where evidence adduced at trial reveals the presence of sufficient time and opportunity […]
STATE v. WOODFORK, 106 Ohio St.3d 1480 (2005)
2005-Ohio-3978, 832 N.E.2d 734 STATE v. WOODFORK. No. 2005-1151.Supreme Court of Ohio. August 10, 2005. Ross App. No. 04CA2798, 2005-Ohio-2469. MOTION AND PROCEDURAL RULINGS On motion for stay of execution of sentence. Motion denied.
STATE, EX REL., v. SERB, 62 Ohio St.3d 134 (1991)
580 N.E.2d 430 [THE STATE, EX REL.] INDEPENDENCE LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, v. STATE EMPLOYMENT RELATIONS BOARD ET AL. No. 90-1403Supreme Court of Ohio.Submitted September 10, 1991 — Decided November 15, 1991. IN PROHIBITION. Intervenor, Independence Education Association (“IEA”), and relator, Independence Local School District Board of Education, were parties to a collective […]
STATE v. GRANT, 128 Ohio St.3d 1420 (2011)
2011-Ohio-1030 State v. Grant. No. 2010-2182.Supreme Court of Ohio. March 9, 2011. Cuyahoga App. No. 94101, 2010-Ohio-5241. Miscellaneous Dismissals. This cause is pending before the court as a discretionary appeal and claimed appeal of right. It appears from the records of the court that the appellant has not filed a memorandum in support of jurisdiction, […]
DEBOSE v. TRAVELERS INS. CO., 6 Ohio St.3d 65 (1983)
451 N.E.2d 753 DEBOSE ET AL., APPELLANTS, v. THE TRAVELERS INSURANCE COMPANIES ET AL., APPELLEES; CRESTMONT CADILLAC CORPORATION, APPELLANT. No. 82-906Supreme Court of Ohio. Decided July 27, 1983. Insurance — Motor vehicles — Termination of automobile insurance policy for nonpayment of premiums within mandatory renewal period — R.C. 3937.31 — Notice of cancellation must be […]
STATE v. TURNER, 84 Ohio St.3d 50 (1998)
701 N.E.2d 985 STATE OF OHIO, APPELLEE, v. TURNER, APPELLANT. No. 98-832.Supreme Court of Ohio.Submitted October 13, 1998. Decided December 2, 1998. APPEAL from the Court of Appeals for Franklin County, No. 97APA07-952. Ronald J. O’Brien, Franklin County Prosecuting Attorney, an Amy H. Kulesa, Assistant Prosecuting Attorney, for appellee. Judith M. Stevenson, Franklin County Public […]
RD. CO. v. PECK, 160 Ohio St. 322 (1953)
116 N.E.2d 304 ERIE RAILROAD CO., APPELLANT v. PECK, TAX COMMR., APPELLEE. No. 33472Supreme Court of Ohio. Decided December 16, 1953. Taxation — Sales and use taxes — Sections 5546-1 and 5546-25, General Code — Materials used or consumed in construction of required passenger station — Used in rendition of public utility service — Sale […]
STATE EX REL. STATE v. LEWIS, 99 Ohio St.3d 97 (2003)
2003-Ohio-2476, 789 N.E.2d 195 The State ex rel. State of Ohio v. Lewis, Judge et al. No. 2003-0447. Page 98 Supreme Court of Ohio.Submitted April 15, 2003. Decided May 16, 2003. In Prohibition. Lundberg Stratton, J. The DeRolph Litigation: DeRolph I, II, III, and IV {¶ 1} In December 1991, Dale R. DeRolph and other […]
SALEMI v. DUFFY CONSTRUCTION CORP., 3 Ohio St.2d 169 (1965)
209 N.E.2d 566 SALEMI, APPELLEE v. DUFFY CONSTRUCTION CORP., APPELLANT. No. 38934Supreme Court of Ohio. Decided July 28, 1965. Negligence — Subcontractor holding grading and excavating contract — Entering construction site Sunday evening when no work being done — A licensee — General contractor’s duty to licensee. 1. Where one who holds a grading and […]
BARRETTE v. LOPEZ, 86 Ohio St.3d 1442 (1999)
713 N.E.2d 1052 Barrette v. Lopez. No. 99-856.Supreme Court of Ohio. August 4, 1999. Mahoning App. No. 95CA214. LUNDBERG STRATTON, J., dissents.
IN RE RESIGNATION OF GRAY, 123 Ohio St.3d 1217 (2009)
2009-Ohio-6413, 917 N.E.2d 803 IN RE RESIGNATION OF GRAY. No. 2009-1836.Supreme Court of Ohio.Submitted November 4, 2009. Decided November 19, 2009. ON APPLICATION FOR RETIREMENT OR RESIGNATION PURSUANT TO GOV.BAR R. VI(6). {¶ 1} James Edward Gray, Attorney Registration No. 0005276, last known business address in Warren, Ohio, who was admitted to the bar of […]
CAIN v. SIMPSON, 91 Ohio St.3d 202 (2001)
743 N.E.2d 915 Cain, Admr., Appellee, v. Simpson, Admr., et al.; City of Niles et al., Appellants. Nos. 00-584 and 00-808.Supreme Court of Ohio.Submitted February 28, 2001. Decided March 28, 2001. Appeal from and Certified by the Court of Appeals for Trumbull County, No. 99-T-0037. The judgment of the court of appeals is affirmed on […]
STATE EX REL. STERN v. MASCIO, 75 Ohio St.3d 422 (1996)
662 N.E.2d 370 THE STATE EX REL. STERN, APPELLEE, v. MASCIO, JUDGE, APPELLANT. No. 95-1184Supreme Court of Ohio.Submitted February 20, 1996 — Decided April 10, 1996. APPEAL from the Court of Appeals for Jefferson County, No. 93-J-42. In State v. Tatar, Jefferson C.P. No. 93-CR-57, Donald Tatar entered a plea of no contest to a […]
HANNA v. HANNA, 127 Ohio St.3d 1449 (2010)
2010-Ohio-5762 Hanna v. Hanna. No. 2010-1272.Supreme Court of Ohio. December 1, 2010. Knox App No. 09CA037, 2010-Ohio-2548. Reported at 126 Ohio St.3d 1601, 2010-Ohio-4928, 935 N.E.2d 46. Reconsideration of Prior Decisions. On motion for reconsideration. Motion denied.
STATE, EX REL. MOTLEY, v. CAPERS, 23 Ohio St.3d 56 (1986)
491 N.E.2d 311 THE STATE, EX REL. MOTLEY, APPELLEE, v. CAPERS, JUDGE, ET AL., APPELLANTS. No. 85-543Supreme Court of Ohio. Decided April 9, 1986. Appellate procedure — Court reporter made stenographic record of civil trial — Appellant indigent — “Transcript is unavailable,” when — Narrative statement of evidence may be used, when — App. R. […]
IN RE WALLABY’S, INC., 84 Ohio St.3d 1495 (1999)
705 N.E.2d 1237 In re Enforcement of Subpoena Duces Tecum Directed to Custodian of Records, Wallaby’s, Inc. No. 98-2207.Supreme Court of Ohio. February 12, 1999. On October 21, 1998, movant, Ohio State Bar Association, filed a motion requesting this court to order the Custodian of Records of Wallaby’s, Inc. to appear before the court to […]
JOHNSON-HEBB v. CLINTON CTY. PUB. DEFENDER., 126 Ohio St.3d 1583 (2010)
2010-Ohio-4542, 934 N.E.2d 355 Johnson-Hebb v. Clinton Cty. Pub. Defender. No. 2010-1011.Supreme Court of Ohio. September 29, 2010. APPEALS NOT ACCEPTED FOR REVIEW Clinton App. No. CA2009-06-007, 187 Ohio App.3d 17, 2010-Ohio-1817. Discretionary appeal not accepted. Motion to review decisions and motion to strike denied as moot.
MISCELLANEOUS DISMISSALS, 100 Ohio St.3d 1537 (2003)
2003-Ohio-6640, 800 N.E.2d 370Supreme Court of Ohio. Case Announcements and Administrative Actions, December 12, 2003. MISCELLANEOUS DISMISSALS 2003-1917. State ex rel. Resnick v. Cleveland. In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of relator’s application for dismissal, IT IS ORDERED by the […]
STATE v. ANZURES, 117 Ohio St.3d 1453 (2008)
2008-Ohio-1634 State v. Anzures. No. 2008-0470.Supreme Court of Ohio. April 4, 2008. Delaware App. No. 06CAA070047, 2007-Ohio-4817. MOTION AND PROCEDURAL RULINGS. This cause is pending before the court on a motion for leave to file a delayed appeal. On March 28, 2008, appellee filed a memorandum in response to jurisdiction. However, the court has not […]
STATE v. HLAVSA, 91 Ohio St.3d 131 (2001)
742 N.E.2d 649 The State of Ohio, Appellee, v. Hlavsa, Appellant. No. 00-1177.Supreme Court of Ohio.Submitted January 31, 2001. Decided March 7, 2001. Appeal from the Court of Appeals for Cuyahoga County, No. 76221. The judgment of the court of appeals relating to the counts of anal rape is reversed, and the cause is remanded […]
DISCIPLINARY COUNSEL v. CAMPBELL, 126 Ohio St.3d 150 (2010)
2010-Ohio-3265 DISCIPLINARY COUNSEL v. CAMPBELL. No. 2009-2034.Supreme Court of Ohio.Submitted January 13, 2010. Decided July 15, 2010. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 08-030. Per Curiam. {¶ 1} Respondent, Phil William Campbell of Convoy, Ohio, Attorney Registration No. 0009352, was admitted to the practice […]
STATE v. INDUS. COMM., 119 Ohio St.3d 402 (2008)
2008-Ohio-4494 THE STATE EX REL. INTERNATIONAL TRUCK AND ENGINE CORPORATION, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 2007-1299.Supreme Court of Ohio.Submitted June 24, 2008. Decided September 11, 2008. APPEAL from the Court of Appeals for Franklin County, No. 06AP-949, 2007-Ohio-3289. Per Curiam. {¶ 1} Appellee Industrial Commission of Ohio awarded temporary total […]
TRANSAIRCO v. COMMON PLEAS COURT, 45 Ohio St.2d 27 (1976)
340 N.E.2d 395 TRANSAIRCO, INC., ET AL., APPELLANTS, v. COMMON PLEAS COURT OF HAMILTON COUNTY ET AL., APPELLEES. No. 75-520Supreme Court of Ohio. Decided January 14, 1976. Prohibition — To restrain enforcement of interlocutory orders — Complaint dismissed, when. APPEAL from the Court of Appeals for Hamilton County. On October 1, 1974, Transairco, Inc., and […]
H. E. CULBERTSON CO. v. WARDEN, 123 Ohio St. 297 (1931)
175 N.E. 205 THE H. E. CULBERTSON CO. ET AL. v. WARDEN. No. 22324Supreme Court of Ohio. Decided February 11, 1931. Negligence — Obstructing streets or highways — Sections 7472 and 13421, General Code — Statutes apply only to unlawful obstructions — General verdict sustained, where one of several issues erroneously submitted — Rule inapplicable […]
MASLEY v. LORAIN, 48 Ohio St.2d 334 (1976)
358 N.E.2d 596 MASLEY ET AL., APPELLEES, v. CITY OF LORAIN ET AL., APPELLANTS No. 76-304Supreme Court of Ohio. Decided December 23, 1976. Municipal corporations — Operation of storm sewer system — Material damage caused downstream property — An encroachment on property, when — A taking of property, when — Right of landowner to compensation […]
DRS. KRISTAL FORCHE v. ERKIS, 124 Ohio St.3d 1493 (2010)
2010-Ohio-670 Drs. Kristal Forche, D.D.S., Inc. v. Erkis. No. 2009-2211.Supreme Court of Ohio. March 3, 2010. Franklin App. No. 09AP-06, 2009-Ohio-5671. APPEALS NOT ACCEPTED FOR REVIEW
CUYAHOGA METRO.HOUS.AUTH. v. RABB, 129 Ohio St.3d 1504 (2011)
2011-Ohio-5358, 955 N.E.2d 387 Cuyahoga Metro.Hous.Auth. v. Rabb. No. 2011-1085.Supreme Court of Ohio. October 19, 2011. Cuyahoga App. No. 95658, 2011-Ohio-2287. APPEAL NOT ACCEPTED FOR REVIEW
DANFORTH v. DANFORTH., 111 Ohio St.3d 1469 (2006)
2006-Ohio-5625 Danforth v. Danforth. 2006-1412.Supreme Court of Ohio. November 1, 2006. Cuyahoga App. No. 86693, 2006-Ohio-2890. APPEALS NOT ACCEPTED FOR REVIEW
WILBORN v. BANK ONE CORP., 119 Ohio St.3d 1439 (2008)
2008-Ohio-4487 Wilborn v. Bank One Corp. No. 2007-0558.Supreme Court of Ohio. September 10, 2008. Mahoning App. No. 04-MA-182, 2007-Ohio-596. MOTION AND PROCEDURAL RULINGS On motion to consolidate this cause with 2008-1284, HomEq Servicing Corp. v. Schwamberger, Scioto App. No. 07CA3146, 2008-Ohio-2478. Motion denied.
MERIT DOCKET, 71 Ohio St.3d 1443 (1995)
644 N.E.2d 406-410Supreme Court of Ohio. 1995. MERIT DOCKET Wednesday, January 18, 1995 94-2242. State ex rel. Tisone v. Rogers. In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. 94-2392. Boone v. Baker. In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, […]
WILSON FLOORS CO. v. SCIOTA PARK, LTD., 54 Ohio St.2d 451 (1978)
377 N.E.2d 514 WILSON FLOORS COMPANY, APPELLANT, v. SCIOTA PARK, LTD., ET AL.; PITTSBURGH NATIONAL BANK, APPELLEE. No. 77-976Supreme Court of Ohio. Decided June 28, 1978. Contracts — Oral promise to guarantee payment of debt — Enforceable, when. When the leading object of the promisor is not to answer for another’s debt but to subserve […]
JURISDICTIONAL MOTIONS OVERRULED, 57 Ohio St.3d 720 (1991)
568 N.E.2d 688-701Supreme Court of Ohio. 1991. JURISDICTIONAL MOTIONS OVERRULED Wednesday, February 13, 1991 90-1830. Clark v. General Elec. Co. Crawford County, No. 3-90-024. Sweeney, Douglas and Resnick, JJ., dissent. 90-1989. Jones v. Ball. Ashtabula County, Nos. 90-A-1520 and 88-A-1411. On motion to consolidate with 91-108 and 91-109 Jones v. Ball, Ashtabula County, Nos. 90-A-1541 […]
POLLOCK v. LILLIAN BETTY RATNER SCHOOL, 123 Ohio St.3d 1516 (2009)
2009-Ohio-6486 State ex rel. Pollock v. Lillian Betty Ratner School, Inc. No. 2009-2165.Supreme Court of Ohio. December 11, 2009. 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 relators’ motion for redaction, It is ordered by the court […]
AEGIS v. SEDLACKO, 119 Ohio St.3d 1462 (2008)
2008-Ohio-4854 AEGIS v. Sedlacko. No. 2008-1520.Supreme Court of Ohio. September 25, 2008. Mahoning App. No. 07 MA 128, 2008-Ohio-3190. MOTION AND PROCEDURAL RULINGS On September 18, 2008, appellant filed a motion seeking reconsideration of this court’s September 10, 2008 decision denying the motion for stay of the court of appeals’ judgment. Upon consideration thereof, It […]
MERIT DOCKET, 75 Ohio St.3d 1493 (1996)
664 N.E.2d 1290, 1297Supreme Court of Ohio. 1996. MERIT DOCKET Wednesday, May 29, 1996 94-2176. State ex rel. Heller v. Indus. Comm. Franklin County, No. 93AP-967. On motion to dismiss by Industrial Commission. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur. 96-640. State ex rel. […]
DISCIPLINARY DOCKET, 74 Ohio St.3d 1473 (1995)
657 N.E.2d 780-785Supreme Court of Ohio. 1995. DISCIPLINARY DOCKET Thursday, December 7, 1995 95-2367. Cincinnati Bar Assn. v. Matho. On motion to show cause. Motion granted. Page 1474
MED. ASSUR. CO., INC. v. DILLAPLAIN, 126 Ohio St.3d 1514 (2010)
2010-Ohio-3331 Med. Assur. Co., Inc. v. Dillaplain. No. 2010-0667.Supreme Court of Ohio. July 21, 2010. Greene App. No. 2009 CA 6, 2010-Ohio-841. Appeals not Accepted for Review. O’DONNELL and CUPP, JJ., dissent.
MOTION AND PROCEDURAL RULINGS, 101 Ohio St.3d 1403 (2003)
2003-Ohio-7048, 800 N.E.2d 1171Supreme Court of Ohio. Case Announcements and Administrative Actions, December 31, 2003. MOTION AND PROCEDURAL RULINGS 2003-1580. In re B.E. Cuyahoga App. No. 81781. This cause is pending before the court as an appeal involving termination of parental rights/adoption. Upon consideration of appellant’s motion for stay of court of appeals’ judgment, IT […]
CONDELLO v. RAIFFE, 103 Ohio St.3d 1492 (2004)
2004-Ohio-5605 Condello v. Raiffe. No. 2004-1157.Supreme Court of Ohio. October 27, 2004. Cuyahoga App. Nos. 83076 and 83556, 2004-Ohio-2554.
BLACK v. BLACK, 110 Ohio St. 392 (1924)
144 N.E. 268 BLACK v. BLACK. No. 17974Supreme Court of Ohio. Decided May 27, 1924. Divorce — Jurisdiction to determine residence — Custody of child — Waiver of jurisdiction of person by appearance. ERROR to the Court of Appeals of Franklin county. Mr. John S. Black, for plaintiff in error. Mr. Thomas E. Powell and […]
BAER v. STATE, EX REL., 111 Ohio St. 327 (1924)
145 N.E. 319 BAER v. STATE, EX REL. STANTON, PROS. ATTY. LEVINE v. STATE, EX REL. STANTON, PROS. ATTY. KENNEDY v. STATE, EX REL. STANTON, PROS. ATTY. KRAMER v. STATE, EX REL. STANTON, PROS. ATTY. POWELL v. STATE, EX REL. STANTON, PROS. ATTY. CULL v. STATE, EX REL. STANTON, PROS. ATTY. EARSON v. STATE, EX […]
MOTION DOCKET, 92 Ohio St.3d 1425 (2001)
749 N.E.2d 753Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Friday June 22, 200101-386. Cominsky v. Malner. Lake App. No. 98-L-242. Upon consideration of the appellees’ motion for sanctions for frivolous action, IT IS ORDERED by the court, nunc pro tunc, that appellees’ motion for sanctions for frivolous action be, and hereby is, denied, effective […]
JACOBS v. MUTUAL MORTGAGE AND INVESTMENT CO., 6 Ohio St.2d 92 (1966)
216 N.E.2d 49 JACOBS, APPELLANT v. MUTUAL MORTGAGE AND INVESTMENT CO., APPELLEE. No. 39557Supreme Court of Ohio. Decided April 20, 1966. Negligence — Tenant injured because of defective carpeting in hallway of apartment building — Liability of agent having exclusive management and control of building. Whoever undertakes to manage real property pursuant to a contract […]
STATE v. DAVIS, 86 Ohio St.3d 212 (1999)
714 N.E.2d 384 The State of Ohio, Appellee, v. Davis, Appellant. No. 99-252.Supreme Court of Ohio.Submitted June 22, 1999. Decided August 25, 1999. In 1984, appellant, Von Clark Davis, was convicted of the aggravated murder of Suzette Butler and sentenced to death. The court of appeals affirmed the conviction and sentence. State v. Davis (May […]
MOTION DOCKET, 65 Ohio St.3d 1447 (1992)
601 N.E.2d 42, 43Supreme Court of Ohio. 1992. MOTION DOCKET Monday, November 2, 1992 92-2133. State ex rel. Hogan v. Shea. In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of relators’ motion for a peremptory writ or, in the alternative, an alternative […]
TOLEDO BAR ASSOCIATION v. LOCKHART, 84 Ohio St.3d 7 (1998)
701 N.E.2d 686 TOLEDO BAR ASSOCIATION v. LOCKHART. No. 98-401Supreme Court of Ohio.Submitted July 8, 1998. Decided November 10, 1998. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 97-23. On February 18, 1997, relator, Toledo Bar Association, filed a complaint charging that respondent, Carol Ann Lockhart […]
CLUB, INC. v. BOARD, 175 Ohio St. 127 (1963)
191 N.E.2d 820 AMBERLEY SWIM COUNTRY CLUB, INC., APPELLANT v. ZONING BOARD OF APPEALS OF AMBERLEY VILLAGE ET AL., APPELLEES. No. 38146Supreme Court of Ohio. Decided June 12, 1963. Supreme Court — Dismissal — No debatable constitutional question involved — Zoning — Permitted uses — Reasonableness — Swim club and related facilities — Denied of […]
SMITH v. CONLEY, 105 Ohio St.3d 1543 (2005)
2005-Ohio-2188, 827 N.E.2d 326 Smith v. Conley. 2005-0247.Supreme Court of Ohio. May 11, 2005. Stark App. No. 2004CA00068, 2004-Ohio-7057. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. II. LUNDBERG STRATTON and LANZINGER, JJ., would accept the discretionary appeal on all propositions of law. RESNICK, PFEIFER and O’DONNELL, JJ., dissent. Motion to […]
STATE v. HUGHES, 86 Ohio St.3d 424 (1999)
715 N.E.2d 540 The State of Ohio, Appellee, v. Hughes, Appellant. No. 98-1612.Supreme Court of Ohio, Columbus County.Submitted April 14, 1999. Decided September 15, 1999. Certified by the Court of Appeals for Stark County, No. 1997CA00356. Defendant-appellant Todd Hughes taught music and choir and directed the annual school musical at Fairless High School in Stark […]
TOLEDO BAR ASSN. v. POMMERANZ, 102 Ohio St.3d 26 (2004)
2004-Ohio-1586, 806 N.E.2d 509 Toledo Bar Association v. Pommeranz. No. 2003-1811.Supreme Court of Ohio.Submitted December 15, 2003. Decided April 14, 2004. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 02-63. PER CURIAM. {¶ 1} Respondent, Melvin R. Pommeranz of Toledo, Ohio, Attorney Registration No. 0031840, was […]
STATE EX REL. FRAZIER v. BRIGANO, 102 Ohio St.3d 148 (2004)
2004-Ohio-2139, 807 N.E.2d 346 The State ex rel. Frazier, appellant, v. Brigano, Warden, appellee. No. 2003-0753.Supreme Court of Ohio.Submitted April 14, 2004. Decided May 12, 2004. APPEAL from the Court of Appeals for Warren County, No. CA2003-01-001. PER CURIAM. {¶ 1} On March 26, 2003, the Court of Appeals for Warren County dismissed the petition […]
CHROMIK v. KAISER PERMANENTE, 117 Ohio St.3d 1459 (2008)
2008-Ohio-1635 Chromik v. Kaiser Permanente. No. 2007-2430.Supreme Court of Ohio. April 9, 2008. Cuyahoga App. No. 89088, 2007-Ohio-5856. APPEALS NOT ACCEPTED FOR REVIEW. PFEIFER, J., dissents. O’DONNELL, J., dissents and would accept the appeal and hold the cause for the decision in 2007-1529, Fletcher v. Univ. Hosps. of Cleveland, Cuyahoga App. No. 88573, 172 Ohio […]
STATE v. ZIMMERMAN, 18 Ohio St.3d 43 (1985)
479 N.E.2d 862 THE STATE OF OHIO, APPELLEE, v. ZIMMERMAN, APPELLANT. No. 84-1059Supreme Court of Ohio. Decided June 26, 1985. Criminal law — Prosecutor’s reference to accused’s failure to testify — Harmless error rule applicable. O.Jur 3d Criminal Law §§ 323, 1542. In determining whether a prosecutor’s reference to the accused’s failure to testify requires […]
STATE v. AZBILL, 113 Ohio St.3d 1511 (2007)
2007-Ohio-2208 State v. Azbill. No. 2007-0614.Supreme Court of Ohio. May 16, 2007. Lake App. No. 2005-L-153, 2006-Ohio-6886. Motion and Procedural Rulings On motion for leave to file delayed appeal. Motion denied. PFEIFER and CUPP, JJ., dissent. O’CONNOR, J., not, participating.
MEDIATION REFERRALS, 98 Ohio St.3d 1519 (2003)
786 N.E.2d 468Supreme Court of Ohio. 2003. MEDIATION REFERRALS Case Announcements and Administrative Actions April 7, 2003 The following cases have been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): 2003-0171. State ex rel. Maloney v. Sherlock. In Mandamus. 2003-0172. State ex rel. Dellick v. Sherlock. In Mandamus.
DISTASIO v. STATE, 117 Ohio St.3d 1443 (2008)
2008-Ohio-1279 DiStasio v. State. 2007-2207.Supreme Court of Ohio. March 26, 2008. RECONSIDERATION OF PRIOR DECISIONS In Habeas Corpus. Reported at 116 Ohio St.3d 1471, 2008-Ohio-153, 879 N.E.2d 780. On motion for reconsideration. Motion denied.
STATE EX REL. LTV STEEL CO. v. INDUS. COMM., 85 Ohio St.3d 1495 (1999)
State ex rel. LTV Steel Co. v. Indus. Comm. No. 97-461.Supreme Court of Ohio. June 2, 1999. MERIT DOCKET Appeal from Franklin App. No. 95APD12-1622. Sua sponte, cause dismissed as moot. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
DISCIPLINARY COUNSEL v. ALLISON, 44 Ohio St.3d 100 (1989)
541 N.E.2d 70 OFFICE OF DISCIPLINARY COUNSEL v. ALLISON. No. 89-354Supreme Court of Ohio.Submitted April 11, 1989 — Decided July 12, 1989. Attorneys at law — Misconduct — Permanent disbarment — Commingling funds — Illegal conduct involving moral turpitude and dishonesty — Writing check knowing that it would be dishonored — Convictions of theft and […]
B. N. TRANSFER CO. v. P. U. C., 126 Ohio St. 211 (1933)
184 N.E. 852 B. N. TRANSFER CO. v. PUBLIC UTILITIES COMMISSION OF OHIO. No. 23741Supreme Court of Ohio. Decided January 11, 1933. Supreme Court — Error proceedings from Public Utilities Commission — Section 547, General Code — Sixty-day limitation runs from final order. ERROR to the Public Utilities Commission. Mr. H.W. Hammond, for plaintiff in […]
PROCTOR v. BLANK, 113 Ohio St.3d 1473 (2007)
2007-Ohio-1887 Proctor v. Blank. No. 2006-1243.Supreme Court of Ohio. April 23, 2007. Trumbull App. No. 2005-T-0027, 2006-Ohio-2386. Mediation Referral Page 1474
IN RE A.B., 109 Ohio St.3d 1414 (2006)
2006-Ohio-1911, 846 N.E.2d 51 IN RE A.B., J.B., T.B., AND C.B. 2005-1966.Supreme Court of Ohio. April 20, 2006. Summit App. No. 22659, 2005-Ohio-4936. MOTION AND PROCEDURAL RULINGS This cause is pending before the court on the certification of a conflict involving parental rights or adoption from the Court of Appeals for Summit County. Upon consideration […]
SCHICKLING v. POST PUB. CO., 115 Ohio St. 589 (1926)
155 N.E. 143 SCHICKLING, AN INFANT v. THE POST PUBLISHING CO. No. 19951Supreme Court of Ohio. Decided January 11, 1927. Charge to jury — Facts attending issue admitted or evidence not in conflict — Court to charge result to follow application of law thereto — Master and servant or independent contractor — Court, and not […]
DISMISSALS, SUA SPONTE, 37 Ohio St.3d 713 (1988)
532 N.E.2d 763Supreme Court of Ohio. Decided June 15, 1988. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND JURISDICTIONAL MOTIONS OVERRULED 88-553. State v. Jackson. Allen County, No. 1-87-15. Sweeney, J., dissents. 88-758. State v. Kmetz. Cuyahoga County, No. 53430. 88-761. McGowan v. Adelson. Cuyahoga County, No. 55237. 88-773. State v. Kimbrough. Cuyahoga County, No. 53472. […]
PEREZ v. CLEVELAND, 66 Ohio St.3d 397 (1993)
613 N.E.2d 199 PEREZ ET AL., APPELLANTS, v. CLEVELAND, CORONER, APPELLEE. No. 92-947Supreme Court of Ohio.Submitted April 21, 1993 — Decided June 16, 1993. APPEAL from the Court of Appeals for Hamilton County, No. C-910408. In their complaint before the Hamilton County Court of Common Pleas, plaintiffs-appellants, Richard V. Perez and Katherine K. Perez, alleged […]
HARBEITNER v. DEPT. OF COMMERCE, 77 Ohio St.3d 281 (1997)
673 N.E.2d 1309 HARBEITNER ET AL., APPELLEES, v. SUPERINTENDENT, OHIO DEPARTMENT OF COMMERCE, DIVISION OF REAL ESTATE, APPELLANT. No. 95-1925Supreme Court of Ohio.Submitted October 8, 1996 — Decided January 22, 1997. APPEAL from the Court of Appeals for Cuyahoga County, No. 68483. In 1992, Alex F. Santora was a licensed real estate salesperson associated with […]
DISCIPLINARY COUNSEL v. CLOSE, 31 Ohio St.3d 601 (1987)
510 N.E.2d 804 OFFICE OF DISCIPLINARY COUNSEL v. CLOSE. D.D. No. 86-13Supreme Court of Ohio. Decided June 5, 1987. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar. ON REHEARING. The public reprimand given to Michael Lee Close on December 5, 1986 is vacated and set aside and this […]
STATE v. TOOLEY, 2006-0105 (7-25-2007)
2007-Ohio-3699 State v. Tooley, 2007-Ohio-3698. No. 2006-0105 and 2006-0216.Supreme Court of Ohio. July 25, 2007. MERIT DECISIONS WITH OPINIONS Portage App. No. 2004-P-0064, 2005-Ohio-6709. Certified questions answered in the negative, judgment of the court of appeals reversed, and cause remanded to the trial court. Moyer, C.J., Sadler, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg […]
STATE v. LANIER, 128 Ohio St.3d 339 (2011)
2011-Ohio-5 THE STATE OF OHIO, APPELLEE, v. LANIER, APPELLANT. Nos. 2009-0232, 2009-0328.Supreme Court of Ohio.Submitted January 4, 2011. Decided January 5, 2011. CERTIFIED by and APPEAL from the Court of Appeals for Hamilton County, No. C-080162, 180 Ohio App.3d 376, 2008-Ohio-6906. {¶ 1} Sua sponte, case No. 2009-0232 is dismissed as having been improvidently certified. […]