2008-Ohio-1589, 885 N.E.2d 241 FRANKLIN COUNTY PROSECUTING ATTORNEY, APPELLEE, v. WALKER, APPELLANT. No. 2007-2121.Supreme Court of Ohio.Submitted March 12, 2008. Decided April 9, 2008. APPEAL from the Court of Appeals for Franklin County, No. 07AP-165, 2007-Ohio-5095. {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. {¶ 2} The judgment of the […]
Category: Ohio Supreme Court Opinions
MOSELY v. ECHOLS, 62 Ohio St.3d 75 (1991)
578 N.E.2d 454 MOSELY, APPELLANT, v. ECHOLS, WARDEN, APPELLEE. No. 90-1246Supreme Court of Ohio.Submitted May 21, 1991 — Decided October 16, 1991. APPEAL from the Court of Appeals for Cuyahoga County, No. 59314. In 1985, appellant, Fred M. Mosely, was convicted of six counts of violating Section 1951, Title 18, U.S. Code, for using his […]
BATES v. HILL, 146 Ohio St. 304 (1946)
65 N.E.2d 655 BATES, APPELLANT v. HILL ET AL., APPELLEES. No. 30581Supreme Court of Ohio. Decided January 30, 1946. Supreme Court — Dismissal — No debatable constitutional question involved — Action charging conspiracy to defraud future creditors and heirs of decedent — Jurisdiction of Common Pleas Court — Section 4, Article IV, Constitution. APPEAL from […]
NORWOOD v. BURTON, 108 Ohio St.3d 1509 (2006)
2006-Ohio-1329, 844 N.E.2d 854 Norwood v. Burton. No. 2005-2314.Supreme Court of Ohio. March 29, 2006. Hamilton App. Nos. C-050065 and C-050070, 164 Ohio App.3d 136, 2005-Ohio-5720. Discretionary appeal accepted; cause held for the decisions in 2005-1210 and 2005-1211, Norwood v. Homey, Hamilton App. Nos. C-040683 and C-040783, 161 Ohio App.3d 316, 2005-Ohio-2448; and briefing schedule […]
STATE v. PHILLIPS, 128 Ohio St.3d 1513 (2011)
2011-Ohio-2686, 948 N.E.2d 449 State v. Phillips. No. 2011-0657.Supreme Court of Ohio. June 8, 2011. Stark App. No. 2010 CA 00210, 2011-Ohio-691. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied. PFEIFER AND CUPP, JJ., dissent.
ANDREWS v. STATE, EX REL., 124 Ohio St. 348 (1931)
178 N.E. 581 ANDREWS v. THE STATE, EX REL. BLAIR, SUPT. OF BANKS. No. 22955Supreme Court of Ohio. Decided November 4, 1931. Banks and banking — Stockholders’ double liability — State banking superintendent cannot compel stockholders to restore impaired capital, when — Stockholders not obligated to pay assessment to restore impaired capital, when — Section […]
MOTION DOCKET, 47 Ohio St.3d 702 (1989)
547 N.E.2d 985-994Supreme Court of Ohio. 1989. MOTION DOCKET Wednesday, November 22, 1989 88-1265. State v. Wiles. Portage County, No. 1675. On motion to supplement original papers. Motion granted. 89-323. State, ex rel. Brown, v. Garfield Hts. Municipal Court. Cuyahoga County, No. 55597. On request for oral argument. Request denied. 89-359. State, ex rel. Pearson, […]
JURISDICTIONAL MOTIONS OVERRULED, 67 Ohio St.3d 1488 (1993)
621 N.E.2d 406-411Supreme Court of Ohio. 1993. JURISDICTIONAL MOTIONS OVERRULED Wednesday, October 27, 1993 93-1485. Brown v. Lavery. Medina County, No. 2156-M. MOYER, C.J., and WRIGHT, J., dissent. 93-1494. Hamman v. Sippel Equip. Corp. Richland County, No. 92CA75. PFEIFER, J., dissents. 93-1512. Foster Wheeler Enviresponse, Inc. v. Franklin Cty. Convention Facilities Auth. Franklin County, No. […]
STATE v. SUNNYCALB, 84 Ohio St.3d 26 (1998)
701 N.E.2d 697 THE STATE OF OHIO, APPELLEE, v. SUNNYCALB, APPELLANT. No. 98-483Supreme Court of Ohio.Submitted October 13, 1998. Decided November 25, 1998. APPEAL from the Court of Appeals for Butler County, No. CA97-05-100. John F. Holcomb, Butler County Prosecuting Attorney, Daniel G. Eichel and Daniel J. Gattermeyer, Assistant Prosecuting Attorneys, for appellee. Jeffrey L. […]
STATE v. FROST, 129 Ohio St.3d 1447 (2011)
2011-Ohio-4217, 951 N.E.2d 1044 State v. Frost. No. 2011-0954.Supreme Court of Ohio. August 24, 2011. Mahoning App. No. 08 MA 44, 2010-Ohio-3281. Motion And Procedural Ruling. On motion for delayed appeal. Motion denied. Pfeifer, J., dissents.
HANNA v. SHORTS, 163 Ohio St. 44 (1955)
125 N.E.2d 338 HANNA ET AL., APPELLANTS v. SHORTS, APPELLEE. No. 34098Supreme Court of Ohio. Decided March 9, 1955. Oil and gas — Lease for five years — Or as long as production in paying quantities — Term extended beyond five-year period, when — No production in paying quantities, when — Pleading and proof. 1. […]
STATE v. TENACE, 109 Ohio St.3d 255 (2006)
2006-Ohio-2417, 847 N.E.2d 386 THE STATE OF OHIO, Appellee, v. TENACE, Appellant. No. 2003-1429.Supreme Court of Ohio.Submitted September 20, 2005. Decided May 31, 2006. APPEAL from the Court of Appeals for Lucas County, No. L-00-1002, 2003-Ohio-3458. LANZINGER, J. {¶ 1} On January 28, 1994, in response to a call from a neighbor, Chester Kozlowski went […]
IN RE RESIGNATION OF LUGINBUHL, 67 Ohio St.3d 1204 (1993)
616 N.E.2d 239 IN RE RESIGNATION OF LUGINBUHL. No. 93-1024Supreme Court of Ohio.Submitted June 1, 1993 — Decided June 2, 1993. The resignation of Randall Jay Luginbuhl of Columbus, Ohio, as an attorney, Registration No. 0022841, is accepted. MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
STATE EX REL. v. MOULTON, 160 Ohio St. 397 (1953)
116 N.E.2d 445 THE STATE, EX REL. CITY OF CINCINNATI v. MOULTON ET AL., PUBLIC UTILITIES COMMISSION OF OHIO, ET AL. No. 33612Supreme Court of Ohio. Decided December 23, 1953. Mandamus — Writ not substitute for appeal. IN MANDAMUS. Relator has invoked the original jurisdiction of this court to obtain a writ of mandamus requiring […]
STATE EX REL. ROUAN v. INDUS. COMM., 128 Ohio St.3d 1495 (2011)
2011-Ohio-2384, 947 N.E.2d 178 State ex rel. Rouan v. Indus. Comm. No. 2011-0775.Supreme Court of Ohio. May 19, 2011. Franklin App. No. 10AP-36, 2011-Ohio-1897. Mediation Referral. The following cases have been referred to mediation pursuant to S.Ct.Prac. R. 17.1(A).
STATE v. MILAM, 112 Ohio St.3d 1472 (2007)
2007-Ohio-388 State v. Milam. 2006-2080.Supreme Court of Ohio. February 7, 2007. Cuyahoga App. No. 86268, 2006-Ohio-4742. APPEALS NOT ACCEPTED FOR REVIEW
COLUMBUS BAR ASSN. v. MAGANA, 94 Ohio St.3d 327 (2002)
763 N.E.2d 111 Columbus Bar Association v. Magana. No. 01-1180.Supreme Court of Ohio.Submitted October 30, 2001. Decided February 20, 2002. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 00-02. Per Curiam. On May 1, 1998, respondent, Gualberto Magana of Columbus, Ohio, Attorney Registration No. 0030703, was […]
STATE v. LESHER, 87 Ohio St.3d 1450 (1999)
State v. Lesher. No. 99-1662.Supreme Court of Ohio. November 24, 1999. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Appeal from Cuyahoga App. No. 74469. Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent, would allow, and would remand the cause for application of State v. Edmonson (1999), 86 Ohio […]
ABN AMRO MTGE. GROUP v. KANGAH, 121 Ohio St.3d 1471 (2009)
2009-Ohio-2045 ABN AMRO Mtge. Group, Inc. v. Kangah. No. 2009-0553.Supreme Court of Ohio. May 6, 2009. Cuyahoga App. No. 91401, 2009-Ohio-359. MOTION AND PROCEDURAL RULINGS. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed […]
MOSIER v. FORNOF, 2009-2175 (6-10-2010)
2010-Ohio-2586, 930 N.E.2d 305 State ex rel. Mosier v. Fornof, Slip Opinion No. 2010-Ohio-2516. No. 2009-2175.Supreme Court of Ohio. June 10, 2010. MERIT DECISIONS WITH OPINIONS Lucas App. No. L-09-1192, 2009-Ohio-5618. Judgment of the court of appeals affirmed. Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Page 1
IN RE APPLICATION OF OLTERMAN, 106 Ohio St.3d 1420 (2005)
2005-Ohio-3322 In re Application of Olterman. 2005-0569.Supreme Court of Ohio. June 30, 2005. The Board of Commissioners on Character and Fitness filed a report with this court on March 29, 2005. On May 4, 2005, applicant, William Olterman, filed a motion to keep record confidential and under seal. Upon consideration thereof, MISCELLANEOUS ORDERS IT IS […]
BANK OF NEW YORK v. BARCLAY, 105 Ohio St.3d 1406 (2005)
2005-Ohio-286, 821 N.E.2d 1027 BANK OF NEW YORK v. BARCLAY. No. 2004-1736.Supreme Court of Ohio. Decided February 2, 2005. Franklin App. No. 04AP-48, 2004-Ohio-4555. APPEALS NOT ACCEPTED FOR REVIEW
MISCELLANEOUS DISMISSALS, 102 Ohio St.3d 1526 (2004)
2004-Ohio-3675, 811 N.E.2d 1147Supreme Court of Ohio. Case Announcements and Administrative Actions, July 13, 2004. MISCELLANEOUS DISMISSALS 2004-0641. State ex rel. Coleman v. Big Four Window CleaningCo. Franklin App. No. 03AP-258, 2004-Ohio-1216. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. It appears from the records […]
STATE v. PARSONS, 105 Ohio St.3d 1546 (2005)
2005-Ohio-2188, 827 N.E.2d 328 State v. Parsons. 2005-0375.Supreme Court of Ohio. May 11, 2005. Summit App. No. 22200, 2005-Ohio-268. APPEALS NOT ACCEPTED FOR REVIEW.
NUNN v. CORNYN, 118 Ohio St.3d 1518 (2008)
2008-Ohio-3467 Nunn v. Cornyn. No. 2007-2350.Supreme Court of Ohio. July 11, 2008. Warren App. No. CA2006-08-098, CA2006-10-123, and CA2006-08-099. MOTION AND PROCEDURAL RULINGS This cause came on for further consideration upon appellant/cross-appellee’s request for oral argument. It is ordered by the court that the motion is denied as moot.
SHOVER v. CORDIS CORP., 61 Ohio St.3d 213 (1991)
574 N.E.2d 457 SHOVER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF ESTATE OF HOOD, APPELLANT, v. CORDIS CORPORATION, APPELLEE. No. 90-332Supreme Court of Ohio.Submitted January 22, 1991 — Decided July 31, 1991. APPEAL from the Court of Appeals for Montgomery County, No. 11636. On July 21, 1983, Betty J. Hood, decedent and mother of the appellant, […]
STATE v. GALLAGHER, 46 Ohio St.2d 225 (1976)
348 N.E.2d 336 THE STATE OF OHIO, APPELLEE, v. GALLAGHER, APPELLANT. No. 73-623Supreme Court of Ohio. Decided May 19, 1976. Supreme Court — Remand from United States Supreme Court — Interpretation of constitutional law — Decision reinstated, when. ON REMAND from the Supreme Court of the United States. The facts in this case are set […]
LEFORT v. CENTURY 21-MAITLAND REALTY CO., 32 Ohio St.3d 121 (1987)
512 N.E.2d 640 LEFORT, ADMX., ET AL., APPELLEES AND CROSS-APPELLANTS, v. CENTURY 21-MAITLAND REALTY CO. ET AL., APPELLANTS AND CROSS-APPELLEES. No. 86-959Supreme Court of Ohio. Decided August 19, 1987. Civil procedure — Failure to discharge alternate juror at time jury retires for deliberations — Substitution for incapacitated regular juror after deliberations begin — Violation of […]
MERIT DOCKET, 91 Ohio St.3d 1408 (2001)
740 N.E.2d 1109Supreme Court of Ohio. 2001. MERIT DOCKET Announcement Wednesday January 17, 200100-1494. PPG Industries, Inc. v. Zaino. Board of Tax Appeals, No. 97-A-91. On joint motion to affirm decision and order of the Board of Tax Appeals. Motion granted. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. 00-1508. […]
HENSON v. CASEY, 105 Ohio St.3d 1454 (2005)
2005-Ohio-763 HENSON v. CASEY. 2004-2030.Supreme Court of Ohio. March 2, 2005. Pickaway App. No. 04CA9, 2004-Ohio-5848. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. FRIESEL, 112 Ohio St.3d 1419 (2006)
2006-Ohio-3870 State v. Friesel. 2006-1701.Supreme Court of Ohio. December 27, 2006. Appeal from the Lucas App. No. L-04-1346. Appeals Not Accepted for Review. LUNDBERG STRATTON and O’CONNOR, JJ., dissent.
STATE, EX REL. WHITE v. BROWN, SECY. OF STATE, 6 Ohio St.2d 61 (1966)
215 N.E.2d 717 THE STATE, EX REL. WHITE v. BROWN, SECY. OF STATE, ET AL. No. 40048Supreme Court of Ohio. Decided April 6, 1966. Elections — Nominating petitions — Date of signing written by person other than signer — Inferences — Authorization and direction of signer. 1. Under Section 3501.38 (C), Revised Code, a person […]
STATE v. WOODS, 102 Ohio St.3d 89 (2004)
2004-Ohio-1997, 806 N.E.2d 1001 The State of Ohio, Appellee, v. Woods, Appellant. No. 2003-1151.Supreme Court of Ohio.Submitted April 14, 2004. Decided May 5, 2004. APPEAL from the Court of Appeals for Cuyahoga County, No. 82120, 2003-Ohio-2475. {¶ 1} The judgment of the court of appeals is affirmed on the authority of Pratts v. Hurley, 102 […]
NEWPORT HARBOR ASSN. v. DICELLO, 113 Ohio St.3d 1414 (2007)
2007-Ohio-1036 Newport Harbor Assn., Inc. v. DiCello. No. 2006-2155.Supreme Court of Ohio. March 14, 2007. Cuyahoga App. No. 87126, 2006-Ohio-4493. Appeals not Accepted for Review
BENTLEYVILLE v. VINCE, 113 Ohio St.3d 1468 (2007)
2007-Ohio-1722 Bentleyville v. Vince. No. 2007-0073.Supreme Court of Ohio. April 18, 2007. Cuyahoga App. No. 87752, 2006-Ohio-6275. Appeals Not Accepted for Review
LATHAM v. CLARK, 120 Ohio St. 559 (1929)
166 N.E. 685 LATHAM v. CLARK, ADMX. No. 21467Supreme Court of Ohio. Decided May 22, 1929. Evidence — Oral or written declarations against interest of decedent, binding him or estate — Admissible against personal representative in action for services rendered decedent — Decedent’s writing, promising payment for services, admissible, when. 1. Declarations against interest of […]
HYLE v. PORTER, 117 Ohio St.3d 165 (2008)
2008-Ohio-542 HYLE, APPELLEE, v. PORTER, APPELLANT. No. 2006-2187.Supreme Court of Ohio.Submitted October 10, 2007. Decided February 20, 2008. CERTIFIED by the Court of Appeals for Hamilton County, No. C-050768, 170 Ohio App.3d 710, 2006-Ohio-5454. MOYER, C.J. {¶ 1} The First District Court of Appeals found its judgment in this case to be in conflict with […]
TERM. RD. CO. v. P.U.C., 173 Ohio St. 251 (1962)
181 N.E.2d 271 THE TOLEDO TERMINAL RD. CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 37284Supreme Court of Ohio. Decided March 28, 1962. Railroads — Grade crossing in open country — Flasher lights and half gates — Installation ordered by Public Utilities Commission — Order not unreasonable or unlawful — Court will not […]
RED EAGLE BUS CO. v. P. U. C., 124 Ohio St. 625 (1932)
180 N.E. 261 THE RED EAGLE BUS CO. v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL. No. 23237Supreme Court of Ohio. Decided March 2, 1932. Public Utilities Commission — Motor transportation companies — Protestant interested in proceeding, when — Thirty-day limitation for filing rehearing, where order effective forthwith — Section 614-43, General Code — Certificate […]
IN RE REPORT OF THE COMM. ON CONT. LEGAL EDU., 105 Ohio St.3d 1409 (2005)
2005-Ohio-286, 821 N.E.2d 1029 IN RE REPORT OF THE COMMISSION ON CONTINUING LEGAL EDUCATION. [ATTORNEY NAME] [(# REGISTRATION NUMBER)], RESPONDENT. Supreme Court of Ohio. Decided February 3, 2005. MISCELLANEOUS ORDERS ORDER In re Report of the Commission on : Continuing Legal Education. : : ORDER [Attorney Name] : [Filed February 3, 2005] [(# Registration Number)], […]
STATE, EX REL. DUREK v. MASHETER, DIR. OF HWYS, 9 Ohio St.2d 76 (1967)
223 N.E.2d 601 THE STATE, EX REL. DUREK, D.B.A. ECONOMY MARKET AND CARRY OUT, APPELLANT, v. MASHETER, DIRECTOR OF HIGHWAYS, APPELLEE. No. 40183Supreme Court of Ohio. Decided February 8, 1967. Mandamus — Writ not issued, when — Plain and adequate remedy at law — Mandatory injunction — Compensation for temporary taking of property by highway […]
MERIT DOCKET, Unpublished Decision (3-7-2001)
MERIT DOCKETSupreme Court of Ohio. March 7, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 00-1189. State ex rel. E. Liverpool v. Hadley. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. On motion for leave to intervene by all Columbiana County Townships and motion to dismiss […]
STATE v. LEWIS, Unpublished Decision (9-29-1999)
State v. Lewis. No. 99-1321.Supreme Court of Ohio. Decided September 29, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Stark App. No. 1999CA00031. Moyer, C.J., and Pfeifer, J., dissent, would allow on Propositions of Law Nos. II, III, IV, V, and VI, and would hold the cause for the decision […]
STRUNA v. CONVENIENT FOOD MART, 106 Ohio St.3d 1510 (2005)
2005-Ohio-4605, 833 N.E.2d 1250 Struna v. Convenient Food Mart. No. 2005-1054.Supreme Court of Ohio. September 7, 2005. Cuyahoga App. No. 84886, 160 Ohio App.3d 655, 2005-Ohio-1861. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. LIGHTNER, 124 Ohio St.3d 1418 (2009)
2009-Ohio-6816 State v. Lightner. No. 2009-1834.Supreme Court of Ohio. December 30, 2009. Hardin App. No. 6-O9-02, 2009-Ohio-4443. APPEALS NOT ACCEPTED FOR REVIEW.
EUCLID v. GAGE-VAUGHN, 111 Ohio St.3d 1412 (2006)
2006-Ohio-5083 Euclid v. Gage-Vaughn. No. 2006-1103.Supreme Court of Ohio. October 4, 2006. Cuyahoga App. No. 86498, 2006-Ohio-1941. APPEALS NOT ACCEPTED FOR REVIEW
DISCIPLINARY COUNSEL v. TRAVIS, 110 Ohio St.3d 1470 (2006)
2006-Ohio-4361, 852 N.E.2d 1217 Disciplinary Counsel v. Travis. 2003-1533.Supreme Court of Ohio. August 24, 2006. On July 13, 2004, this court issued an order finding respondent in contempt for failing to file an affidavit of compliance as required by this court’s order of March 10, 2004. On August 7, 2006, respondent filed his affidavit of […]
STATE EX REL. GILREATH v. INDUS. COMM., 87 Ohio St.3d 40 (1999)
716 N.E.2d 1149 The State ex rel. Gilreath, Appellant, v. Industrial Commission of Ohio, Appellee. No. 99-392.Supreme Court of Ohio, at Columbus.Submitted August 25, 1999. Decided October 13, 1999. Appeal from the Court of Appeals for Franklin County, No. 98AP-16. Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellee. Law […]
CAUDILL v. BRIGANO, 100 Ohio St.3d 37 (2003)
2003-Ohio-4777, 795 N.E.2d 674 Caudill, Appellant, v. Brigano, Warden, Appellee. No. 2003-0670.Supreme Court of Ohio.Submitted August 26, 2003. Decided September 24, 2003. Appeal from the Court of Appeals for Warren County, No. CA2003-02-016. Per Curiam. {¶ 1} In 1997, the Hancock County Court of Common Pleas convicted appellant, Danny Caudill, of two counts of engaging […]
FISHER v. STONELICK TWP, 127 Ohio St.3d 1548 (2011)
2011-Ohio-647, 941 N.E.2d 804 Fisher v. Stonelick Twp. No. 2010-2027.Supreme Court of Ohio. February 16, 2011. Clermont App. No. CA2010-05-037, 2010-Ohio-4944. Appeals Not Accepted For Review. LUNDBERG STRATTON and McGEE BROWN, JJ., dissent.
STATE v. McCLENDON, 122 Ohio St.3d 1410 (2009)
2009-Ohio-2751 State v. McClendon. No. 2009-0462.Supreme Court of Ohio. June 17, 2009. Delaware App. No. 08-CAA-12-077. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. DUNNING v. CLEARY, 86 Ohio St.3d 1414 (1999)
711 N.E.2d 1009 State ex rel. Dunning v. Cleary. No. 99-868.Supreme Court of Ohio. June 30, 1999. In Procedendo. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
DISCIPLINARY COUNSEL v. KRIEGER, 108 Ohio St.3d 319 (2006)
2006-Ohio-1062, 843 N.E.2d 765 DISCIPLINARY COUNSEL v. KRIEGER. No. 2005-1156.Supreme Court of Ohio.Submitted November 8, 2005. Decided March 22, 2006. Page 320 ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 04-069. Per Curiam. {¶ 1} Respondent, Jennifer Krieger, f.k.a. Jennifer Krieger Hughes, of Springboro, Ohio, Attorney […]
STATE v. CARTER, 3 Ohio St.3d 15 (1983)
444 N.E.2d 1334 THE STATE OF OHIO, APPELLEE, v. CARTER, APPELLANT. No. 82-692Supreme Court of Ohio. Decided February 16, 1983. Criminal law — Carrying a concealed weapon non-probationable pursuant to R.C. 2951.02(F)(3), when — Firearm concealed on person. O.Jur 3d Criminal Law §§ 1378, 2384. A person convicted of carrying a concealed weapon by virtue […]
IN RE RESIGNATION OF HUEGEL, 105 Ohio St.3d 1492 (2005)
2005-Ohio-1702 IN RE RESIGNATION OF HUEGEL. No. 2005-0066.Supreme Court of Ohio. April 12, 2005. DISCIPLINARY CASES On affidavit of resignation from the practice of law of Allison K. Huegel, Attorney Registration No. 0039630, and on report filed under seal by Disciplinary Counsel. Resignation accepted.
STATE v. DREW, 120 Ohio St.3d 1418 (2008)
2008-Ohio-6166 State v. Drew. No. 2008-1468.Supreme Court of Ohio. December 3, 2008. Franklin App. No. 07AP-467, 2008-Ohio-2797. APPEALS NOT ACCEPTED FOR REVIEW.
EX PARTE ELICKER, 117 Ohio St. 500 (1927)
159 N.E. 478 EX PARTE ELICKER. No. 20671Supreme Court of Ohio. Decided December 21, 1927. Habeas corpus — Not substitute for error proceedings — Challenging jurisdiction of mayor to try intoxicating liquor prosecution. An application for a writ of habeas corpus cannot be made a substitute for proceedings in error. ERROR to the Court of […]
CINCINNATI v. STATE EMP. RELATIONS BD., 123 Ohio St.3d 1472 (2009)
2009-Ohio-5704 Cincinnati v. State Emp. Relations Bd. No. 2009-1351.Supreme Court of Ohio. November 4, 2009. Hamilton App. No. C-080819, 2009-Ohio-2834. Appeals not Accepted for Review.
MERIT DOCKET, 47 Ohio St.3d 714 (1989)
549 N.E.2d 169-175Supreme Court of Ohio. 1989. MERIT DOCKET Wednesday, December 20, 1989 89-1711. State, ex rel. Callahan, v. Second Dist. Court of Appeals. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur. 89-1793. State, ex rel. Bridgeforth, v. McCormac. […]
DISCIPLINARY COUNSEL v. MUHLBACH, 104 Ohio St.3d 340 (2004)
2004-Ohio-6563, 819 N.E.2d 699 DISCIPLINARY COUNSEL v. MUHLBACH. No. 2004-1394.Supreme Court of Ohio.Submitted October 12, 2004. Decided December 15, 2004. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 03-058. Per Curiam. {¶ 1} Respondent, Peter Michael Muhlbach of Parma, Ohio, Attorney Registration No. 0058412, was admitted […]
DISCIPLINARY COUNSEL v. STAFFORD, 128 Ohio St.3d 446 (2011)
2011-Ohio-1484 DISCIPLINARY COUNSEL v. STAFFORD. No. 2010-1601.Supreme Court of Ohio.Submitted January 18, 2011. Decided April 5, 2011. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 08-081. LANZINGER, J. {¶ 1} Respondent, Vincent Stafford of Cleveland, Ohio, Attorney Registration No. 0059846, was admitted to the practice of […]
IN RE APPLICATION OF KOHLER, Unpublished Decision (8-29-2007)
2007-Ohio-4261 In re application of Kohler. No. 2007-0458.Supreme Court of Ohio.Submitted June 6, 2007. Decided August 29, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] ON REPORT by the Board of Commissioners on Character and Fitness of the Supreme Court, No. 336. PER CURIAM. {¶ 1} Applicant, Nathan J. Kohler, […]
STATE v. PENN, 121 Ohio St.3d 1461 (2009)
2009-Ohio-2002 State v. Penn. No. 2009-0151.Supreme Court of Ohio. April 30, 2009. Hamilton App. No. C-081130. Reported at 121 Ohio St.3d 1444, 2009-Ohio-1706. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.
IN RE GREAR, 171 Ohio St. 18 (1960)
167 N.E.2d 503 IN RE GREAR. No. 36338Supreme Court of Ohio. Decided May 18, 1960. Habeas corpus — Not available as substitute for adequate remedy by appeal. IN HABEAS CORPUS. The petitioner, who seeks his release from the Ohio Penitentiary by this habeas corpus proceeding instituted in this court, was indicted, tried, found guilty of […]
STATE v. CASALICCHIO, 58 Ohio St.3d 178 (1991)
569 N.E.2d 916 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. CASALICCHIO, APPELLEE AND CROSS-APPELLANT. No. 89-1865Supreme Court of Ohio.Submitted November 20, 1990 — Decided April 3, 1991. Criminal law — Forfeiture of contraband property pursuant to R.C. 2933.43 constitutes separate criminal penalty in addition to penalty defendant faces for conviction of the underlying felony. […]
GATES v. ANDERSON, 119 Ohio St.3d 1506 (2008)
2008-Ohio-5467 Gates v. Anderson. No. 2008-1300.Supreme Court of Ohio. October 29, 2008. In Habeas Corpus. RECONSIDERATION OF PRIOR DECISIONS. Reported at 119 Ohio St.3d 1439, 2008-Ohio-4487, 893 N.E.2d 511. On motion for reconsideration. Motion denied.
TABOR v. MAXWELL, WARDEN, 3 Ohio St.2d 106 (1965)
209 N.E.2d 206 TABOR v. MAXWELL, WARDEN. No. 39266Supreme Court of Ohio. Decided July 7, 1965. Habeas corpus — Failure to appoint counsel until after plea of not guilty — No incriminating statements used against him. IN HABEAS CORPUS. This is an action in habeas corpus originating in this court. In December 1959, petitioner, Bernard […]
HOWARD v. DAVIDSON-BROWN CORP., 106 Ohio St.3d 1487 (2005)
2005-Ohio-3978, 832 N.E.2d 739 HOWARD v. DAVIDSON-BROWN CORP. No. 2005-0858.Supreme Court of Ohio. August 10, 2005. Defiance App. No. 4-04-24, 2005-Ohio-1423. APPEALS NOT ACCEPTED FOR REVIEW
STATE EX REL. THOMPSON v. INDUS. COMM., 91 Ohio St.3d 23 (2001)
740 N.E.2d 672 State Ex Rel. Thompson, Appellant, v. Industrial Commission of Ohio, Appellee. No. 00-838.Supreme Court of Ohio.Submitted November 14, 2000. Decided January 24, 2001. Appeal from the Court of Appeals for Franklin County, No. 99AP-658. The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. […]
STATE v. MADDEN, 119 Ohio St.3d 1488 (2008)
2008-Ohio-5273 State v. Madden. No. 2008-1366.Supreme Court of Ohio. October 15, 2008. Franklin App. No. 08AP-172, 2008-Ohio-2653. APPEALS ACCEPTED FOR REVIEW.
OSNABURG TWP. v. ESLICH, 122 Ohio St.3d 1500 (2009)
2009-Ohio-4233 Osnaburg Twp. Zoning Inspector v. Eslich Environmental, Inc. No. 2009-0228.Supreme Court of Ohio. August 26, 2009. Stark App. No. 2008CA00026, 2008-Ohio-6671. MOTION AND PROCEDURAL RULINGS. On motion for admission pro hac vice of David M. Lieberman by Benjamin C. Mizer. Motion granted.
STATE EX REL. SMITH v. CINCINNATI SCHOOLS, 2010-0672 (10-4-2011)
2011-Ohio-5026 The State ex rel. Smith, Appellant, v. Cincinnati Schools et al., Appellees. No. 2010-0672.Supreme Court of Ohio.Submitted September 6, 2011. Decided October 4, 2011. APPEAL from the Court of Appeals for Franklin County, No. 09AP-504, 2010-Ohio-1221. Law Offices of James A. Whittaker L.L.C., Laura I. Murphy, and James A. Whittaker, for appellant. Mike DeWine, […]
STATE v. BRAZZON, 104 Ohio St.3d 1407 (2004)
2004-Ohio-6364, 818 N.E.2d 709 State v. Brazzon. No. 2004-1660.Supreme Court of Ohio. Decided December 1, 2004. Trumbull App. No. 2001-T-0050, 2003-Ohio-6088. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.
PRICE v. HOUK, 122 Ohio St.3d 1414 (2009)
2009-Ohio-2863 State ex rel. Price v. Houk. No. 2009-0432.Supreme Court of Ohio. June 18, 2009. Lorain App. No. 08CA009510. MISCELLANEOUS DISMISSALS. This cause is pending before the court as an appeal from the Court of Appeals for Lorain County. Upon consideration of appellant’s application for dismissal, It is ordered by the court that the application […]
STATE EX REL. ELDRIDGE v. DEVERY, 83 Ohio St.3d 122 (1998)
698 N.E.2d 986 THE STATE EX REL. ELDRIDGE, APPELLANT, v. DEVERY, ACTING ADMR., ET AL., APPELLEES. No. 97-583Supreme Court of Ohio.Submitted July 15, 1998. Decided September 16, 1998. APPEAL from the Court of Appeals for Franklin County, No. 96APD05-609. Page 123 Mark B. Weisser, for appellant. Betty D. Montgomery, Attorney General, and William D. Haders, […]
STATE EX REL. v. BD. OF ELECTIONS, 108 Ohio St.3d 125 (2005)
2005-Ohio-5547, 841 N.E.2d 753 THE STATE EX REL. RESIDENTS’ INITIATIVE VOTING ALLIANCE ET AL., APPELLANTS, v. CUYAHOGA COUNTY BOARD OF ELECTIONS ET AL., APPELLEES. No. 2005-1086.Supreme Court of Ohio.Submitted October 12, 2005. Decided October 21, 2005. APPEAL from the Court of Appeals for Cuyahoga County, No. 85528. Per Curiam. {¶ 1} This is an appeal […]
STATE v. HOLBERT, 38 Ohio St.2d 113 (1974)
311 N.E.2d 22 THE STATE OF OHIO, APPELLEE, v. HOLBERT, APPELLANT. No. 73-489Supreme Court of Ohio. Decided May 1, 1974. Criminal law — Traffic laws — R.C. 4513.39 — Power to make arrests on state highways — Exclusive in highway patrol, sheriffs, deputy sheriffs — Township police officers — Authority to stop motorist — Affidavit […]
BAHR v. PROGRESSIVE CAS. INS. CO., 125 Ohio St.3d 1413 (2010)
2010-Ohio-1893 Bahr v. Progressive Cas. Ins. Co. No. 2010-0166.Supreme Court of Ohio. May 5, 2010. Cuyahoga App. No. 92620, 2009-Ohio-6641. Appeals Not Accepted for Review.
WORTH v. AETNA CAS. SUR. CO., 32 Ohio St.3d 238 (1987)
513 N.E.2d 253 WORTH ET AL., APPELLANTS, v. AETNA CASUALTY SURETY CO. ET AL., APPELLEES. No. 86-450Supreme Court of Ohio. Decided September 2, 1987. Contracts — Indemnity agreements — Indemnitor’s express agreement to indemnify for qualified legal expenses is enforceable. O.Jur 3d Contribution etc. § 37. O.Jur 3d Costs § 24. An indemnitor’s express agreement […]
MISCELLANEOUS DISMISSALS, 99 Ohio St.3d 1535 (2003)
2003-Ohio-4753, 795 N.E.2d 676Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions September 9, 20032003-1061. State ex rel. Howard v. Zimmerman. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s motion for judgment on the pleadings, motion to […]
STATE v. CLARK, 109 Ohio St.3d 1402 (2006)
2006-Ohio-1803, 845 N.E.2d 519 State v. Clark. 1987-0327.Supreme Court of Ohio. April 11, 2006. Lucas App. No. L-84-443. MOTION AND PROCEDURAL RULINGS By entry filed March 8, 2006, this court ordered that appellant’s sentence be carried into execution on Tuesday, the 2nd day of May, 2006. In order to facilitate this court’s timely consideration of […]
STATE v. MOSLEY, 121 Ohio St.3d 1427 (2009)
2009-Ohio-1296 State v. Mosley. No. 2008-2409.Supreme Court of Ohio. March 25, 2009. Cuyahoga App. No. 90706, 178 Ohio App.3d 631, 2008-Ohio-5483. APPEALS NOT ACCEPTED FOR REVIEW. Page 1428 LUNDBERG STRATTON, J., dissents. Motion of Michael P. Maloney to withdraw as counsel for appellant granted.
MERIT DOCKET, 90 Ohio St.3d 1412 (2000)
735 N.E.2d 452Supreme Court of Ohio. 2000. MERIT DOCKET ANNOUNCEMENT, 9:00 A.M., WEDNESDAY, September 20, 2000.00-627. Westside Cellular, Inc. v. Pub. Util. Comm. Public Utilities Commission, No. 97-1700-TP-COI. On motion for leave to intervene by the Ameritech Entities, motion to dismiss, and motion for leave to intervene by Verizon Wireless. Motion to dismiss sustained. Cause […]
PNC BANK, OHIO, NATL. ASSN. v. SCHRAM, 86 Ohio St.3d 1492 (1999)
716 N.E.2d 723 PNC Bank, Ohio, Natl. Assn. v. Schram. No. 99-1092.Supreme Court of Ohio, Columbus. September 22, 1999. Hamilton App. No. C-980683. MOYER, C.J., DOUGLAS and PFEIFER, JJ., dissent.
STATE v. POFF PLASTICS, 119 Ohio St.3d 1499 (2008)
2008-Ohio-5517 State ex rel. Hall v. Poff Plastics, Inc. No. 2008-2032.Supreme Court of Ohio. October 27, 2008. Franklin App. No. 08AP-34, 2008-Ohio-4421. MEDIATION REFERRALS. The following case has been returned to the regular docket pursuant to S.Ct.Prac. R. XIV(6)(E):
IN RE RESIGNATION OF GALAN, 34 Ohio St.3d 601 (1987)
516 N.E.2d 1249 IN RE RESIGNATION OF GALAN. D.R. No. 87-7Supreme Court of Ohio. Decided December 2, 1987. The resignation of Gregory J. Galan as an attorney is accepted. MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.
DISMISSALS, SUA SPONTE, 63 Ohio St.3d 1445 (1992)
589 N.E.2d 388-393Supreme Court of Ohio. 1992. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND JURISDICTIONAL MOTIONS OVERRULED Wednesday, April 22, 1992 91-2136. Jackson v. Keffler Constr. Co. Mahoning County, No. 90 C.A. 198. On cross-motion to certify the record. Motion overruled. 91-2259. Park v. Langties. Portage County, No. 90-P-2252. 91-2446. State v. Hower. Auglaize County, […]
STATE, EX REL. v. TOBIN, 132 Ohio St. 8 (1936)
4 N.E.2d 144 THE STATE, EX REL. BOSWELL ET AL. v. TOBIN ET AL., BOARD OF ELECTIONS. No. 26199Supreme Court of Ohio. Decided October 7, 1936. Elections — Nomination of independent candidates — Section 4785-91, General Code — Petition for offices in different or overlapping districts not authorized — Combined group petition for candidates in […]
ERIE-LACKAWANNA RD. CO. v. PUB. UTIL. COMM., 18 Ohio St.2d 112 (1969)
247 N.E.2d 736 ERIE-LACKAWANNA RD. CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 41330Supreme Court of Ohio. Decided May 21, 1969. Railroads — Elimination of grade crossing — Public Utilities Commission — Finding project “reasonably necessary and expedient” — Evidence insufficient to support order — Burden of proof. APPEAL from the Public Utilities […]
VANCE, EXR. v. WARNER, 129 Ohio St. 357 (1935)
195 N.E. 704 VANCE, EXR. v. WARNER ET AL., RECRS. No. 25054Supreme Court of Ohio. Decided May 1, 1935. Corporations — Stockholders’ double liability — Section 3, Article XIII, Constitution, self-executing — Corporations authorized to receive money on deposit — Building and loan associations — Section 9648, General Code — Capital stockholders individually responsible for […]
DISMISSALS, SUA SPONTE, 39 Ohio St.3d 707 (1988)
534 N.E.2d 75Supreme Court of Ohio. 1988. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND JURISDICTIONAL MOTIONS OVERRULED Wednesday, October 5, 1988 88-1114. State v. Balaban. Lake County, No. 12-013. On motion for leave to appeal. Motion denied. Locher, J., dissents. On motion for leave to file memorandum opposing jurisdiction instanter. Motion granted. 88-1189. Ketchel v. […]
STATE EX REL. BAYS v. INDUS. COMM., 103 Ohio St.3d 1470 (2004)
2004-Ohio-5356 STATE EX REL. BAYS v. INDUS. COMM. 2004-1133.Supreme Court of Ohio. October 5, 2004. Franklin App. No. 03AP-424, 2004-Ohio-2944. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of the joint application for dismissal, Page 1471 IT IS ORDERED by the court that […]
MILLER v. SMITH, 118 Ohio St.3d 1430 (2008)
2008-Ohio-2595 Miller v. Smith. No. 2008-0730.Supreme Court of Ohio. June 4, 2008. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS On petition for writ of habeas corpus of Douglas M. Miller. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, and CUPP, JJ., concur. Page 1431 O’DONNELL and LANZINGER, JJ., dissent and would hold […]
STATE EX REL. WILL v. ROTHGERY, 126 Ohio St.3d 1596 (2010)
2010-Ohio-4928, 935 N.E.2d 43 State ex rel. Will v. Rothgery. No. 2010-1068.Supreme Court of Ohio. October 13, 2010. In Prohibition. Merit Decisions Without Opinions. Motion for leave to intervene granted. Motion to consolidate denied as moot. Motion for leave to file a response denied as moot. On S.Ct.Prac. R. 10.5 determination, cause dismissed. BROWN, C.J., […]
PREFERRED CAPITAL v. AL LOU BUILDERS SUPPLY, 112 Ohio St.3d 504 (2007)
2007-Ohio-517, 861 N.E.2d 139 PREFERRED CAPITAL, INC., APPELLEE, v. AL Lou BUILDERS SUPPLY, INC. ET AL., APPELLANTS. No. 2006-0506.Supreme Court of Ohio.Submitted January 24, 2007. Decided February 21, 2007. APPEAL from the Court of Appeals for Summit County, No. 22654, 2006-Ohio-250. {¶ 1} The judgment of the court of appeals is reversed on the authority […]
PEPPER PIKE v. DOE, 66 Ohio St.2d 374 (1981)
421 N.E.2d 1303 CITY OF PEPPER PIKE, APPELLEE, v. DOE, APPELLANT. No. 80-1243Supreme Court of Ohio. Decided June 10, 1981. Criminal law — Expungement of record — Ordered, when — Charges dismissed prior to trial. 1. The trial courts in Ohio have jurisdiction to order expungement and sealing of records in a criminal case where […]
STATE EX REL. MOSS v. INDUS. COMM., 75 Ohio St.3d 414 (1996)
662 N.E.2d 364 THE STATE EX REL. MOSS, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 95-1128Supreme Court of Ohio.Submitted February 6, 1996 — Decided April 10, 1996. APPEAL from the Court of Appeals for Franklin County, No. 94APD05-694. Appellee-claimant, Lillian G. Moss, was injured in 1979 and 1985 in the course of and arising […]
STATE v. FOSTER, 2007-1585 (6-4-2008)
2008-Ohio-2595 State v. Foster, Slip Opinion No. 2008-Ohio-2542. No. 2007-1585.Supreme Court of Ohio. June 4, 2008. MERIT DECISIONS WITH OPINIONS Hamilton App. No. C-060720. Certified question answered in the affirmative and judgment affirmed, and cause remanded for further proceedings. Page 2 Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Lanzinger, J., […]
BD. OF EDN. v. BD. OF REV., 73 Ohio St.3d 715 (1995)
654 N.E.2d 1244 CLEVELAND BOARD OF EDUCATION, APPELLEE, v. CUYAHOGA COUNTY BOARD OF REVISION; FIRST UNION REAL ESTATE EQUITY MORTGAGE INVESTMENTS, APPELLANT. FIRST UNION REAL ESTATE EQUITY MORTGAGE INVESTMENTS, APPELLANT, v. CUYAHOGA COUNTY BOARD OF REVISION; CLEVELAND BOARD OF EDUCATION, APPELLEE. Nos. 94-1517 and 94-1690Supreme Court of Ohio.Submitted June 15, 1995 — Decided October 11, […]
STATE, EX REL. v. COURT, 140 Ohio St. 28 (1942)
42 N.E.2d 160 THE STATE, EX REL. STECKHAN v. COMMON PLEAS COURT OF SUMMIT COUNTY ET AL. THE STATE, EX REL. HOFMAN ET AL. v. HART, SUPT. OF BANKS. Nos. 29049 and 29067Supreme Court of Ohio. Decided May 27, 1942. Banks and Banking — Liquidation — New bank organized — Participation certificates issued to depositors […]