STATE v. HILLMAN, 85 Ohio St.3d 1496 (1999)

State v. Hillman. No. 99-451.Supreme Court of Ohio. June 2, 1999. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Appeal from Franklin App. No. 98AP-1354.

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DISMISSALS, SUA SPONTE, 91 Ohio St.3d 1458 (2001)

743 N.E.2d 399Supreme Court of Ohio. 2001. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED00-1915. State v. Collier. Cuyahoga App. No. 76433. Page 1459 00-2088. State ex rel. Becker v. Court of Claims. Franklin App. No. 99AP-1408. 00-2090. State v. Quillen. Butler App. No. CA99-11-195. Lundberg Stratton, J., dissents. […]

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STATE v. TYLER, 71 Ohio St.3d 398 (1994)

643 N.E.2d 1150 THE STATE OF OHIO, APPELLEE, v. TYLER, APPELLANT. No. 94-1636Supreme Court of Ohio.Submitted November 1, 1994 — Decided December 30, 1994. Page 399 APPEAL from the Court of Appeals for Cuyahoga County, No. 51696. Appellant, Arthur Tyler, was convicted of aggravated murder with felony-murder and firearm specifications, and aggravated robbery, and was […]

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COULSON v. COULSON, 5 Ohio St.3d 12 (1983)

448 N.E.2d 809 COULSON, APPELLEE, v. COULSON, APPELLANT. No. 82-525Supreme Court of Ohio. Decided May 18, 1983. Civil procedure — Motion to vacate judgment on grounds of “fraud upon the court” — Requirements — Civ. R. 60(B)(5) — Attorneys at law — Officer of court actively participates in defrauding court — Granting of motion to […]

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CHAMBERS v. BUR. OF WORKERS’ COMP., 109 Ohio St.3d 1406 (2006)

2006-Ohio-1703, 845 N.E.2d 523 Chambers v. Bur. of Workers’ Comp. 2005-2430.Supreme Court of Ohio. April 12, 2006. Summit App. No. 22538, 164 Ohio App.3d 397, 2005-Ohio-6086. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. MOYER, C.J., RESNICK and PFEIFER, JJ., dissent. On motion for admission pro hac vice of Carl E. Patrick by Joseph […]

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REINHOLD v. REINHOLD, 141 Ohio St. 623 (1943)

49 N.E.2d 568 REINHOLD, APPELLANT v. REINHOLD ET AL., APPELLEES. No. 29425Supreme Court of Ohio. Decided March 3, 1943. Supreme Court — Dismissal — No debatable constitutional question involved — Action for divorce — Temporary alimony awarded defendant — Answer and cross-petition for alimony, with personal service on plaintiff — Amended answer and cross-petition for […]

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STATE v. WRIGHT, Unpublished Decision (5-26-1999)

State v. Wright. No. 99-328.Supreme Court of Ohio. May 26, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Scioto App. No. 98CA2594. On discretionary appeal and on motion to exceed page limitation. Appeal and motion denied.

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UNION LEAGUE ROMANIAN SOCIETIES v. COTOFAN, 162 Ohio St. 520 (1955)

124 N.E.2d 449 UNION LEAGUE OF ROMANIAN SOCIETIES OF AMERICA, INC., ET AL., APPELLEES, v. COTOFAN ET AL., APPELLANTS. UNITED ROMANIAN SOCIETY CARPATINA, APPELLANT v. UNION LEAGUE OF ROMANIAN SOCIETIES OF AMERICA, INC., ET AL., APPELLEES. No. 34248Supreme Court of Ohio. Decided January 19, 1955. Supreme Court — Dismissal — No debatable constitutional question involved […]

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RECONSIDERATION OF PRIOR DECISIONS, 95 Ohio St.3d 1461 (2002)

767 N.E.2d 1178Supreme Court of Ohio. 2002. RECONSIDERATION OF PRIOR DECISIONS Case Announcements and Administrative Actions May 15, 20022001-0512. Tallal v. Bank One, N.A. Summit App. No. 19592, 2001-Ohio-4348. Reported at 94 Ohio St.3d 1251, 2002-Ohio-1489, 764 N.E.2d 103. On motion for reconsideration. Motion denied. Cook, J., not participating. 2001-2057. State v. Dzubak. Geauga App. […]

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STATE v. BAILEY, 2007-1787 (3-4-2010)

2010-Ohio-765 State v. Bailey, Slip Opinion No. 2010-Ohio-720. No. 2007-1787.Supreme Court of Ohio. March 4, 2010. MERIT DECISIONS WITH OPINIONS Page 2 Hamilton App. No. C-060918. Judgment of the court of appeals reversed in part. Moyer, C.J., and Pfeifer, O’Connor, O’Donnell, and Cupp, JJ., concur. Lundberg Stratton and Lanzinger, JJ., dissent for the reasons stated […]

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CLEVELAND BAR ASSN. v. DADISMAN, Unpublished Decision (5-3-2006)

2006-Ohio-2095 Cleveland Bar Assn. v. Dadisman, 2006-Ohio-1929. No. 2005-1615.Supreme Court of Ohio. May 3, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-52. Michael F. Dadisman, Attorney Registration No. 0040997, is permanently disbarred […]

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MEDIATION REFERRALS, 102 Ohio St.3d 1403 (2004)

2004-Ohio-1773, 806 N.E.2d 167Supreme Court of Ohio. Case Announcements and Administrative Actions, April 8, 2004. MEDIATION REFERRALS The following cases have been referred to mediation pursuant to S.Ct.Prac.R. XIV(6): 2004-0440. State ex rel. Blackburn v. Ohio Packing Co. Franklin App. No. 03AP-191, 2004-Ohio-931. 2004-0484. State ex rel. Best Buy Stores v. Hawkins. Franklin App. No. […]

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WHITAKER v. M.T. AUTOMOTIVE, INC., 112 Ohio St.3d 1446 (2007)

2007-Ohio-152 Whitaker v. M.T. Automotive, Inc. No. 2005-0331.Supreme Court of Ohio. January 24, 2007. Appeal from the Summit App. No. 21836, 2004-Ohio-7166. Reported at 111 Ohio St.3d 177, 2006-Ohio-5481, 855 N.E.2d 825. Reconsideration of Prior Decisions On motion for reconsideration. Motion denied. O’DONNELL, J., dissents. O’CONNOR and Cupp, JJ., not participating.

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STATE v. CHAMBERLAIN, 177 Ohio St. 104 (1964)

202 N.E.2d 695 THE STATE OF OHIO, APPELLEE v. CHAMBERLAIN, APPELLANT. No. 38621Supreme Court of Ohio. Decided December 9, 1964. Criminal law — Appeal — Order overruling motion for leave to withdraw plea of guilty — Not final appealable order. In a criminal case, where there has been no pronouncement of sentence, an order of […]

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SAN DIEGO v. ELAVSKY, 58 Ohio St.2d 81 (1979)

388 N.E.2d 1229 COUNTY OF SAN DIEGO, APPELLEE, v. ELAVSKY, APPELLANT. No. 78-899Supreme Court of Ohio. Decided May 2, 1979. Uniform Reciprocal Enforcement of Support Act — Support order — Modification by court in local divorce case. 1. The amount of support ordered in an initial proceeding under the Uniform Reciprocal Enforcement of Support Act […]

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STATE v. HAZEL, 116 Ohio St.3d 1472 (2007)

2008-Ohio-153 State v. Hazel. No. 2007-2236.Supreme Court of Ohio. January 23, 2008. Franklin App. Nos. 07AP-451 and 07AP-152. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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CINCINNATI BAR ASSN. v. BAILEY, 108 Ohio St.3d 1468 (2006)

2006-Ohio-689, 842 N.E.2d 1049 Cincinnati Bar Assn. v. Bailey. 2005-1930.Supreme Court of Ohio. February 17, 2006. Board on the Unauthorized Practice of Law; No. UPL 0313. MISCELLANEOUS ORDERS This cause is pending before the court as an unauthorized practice of law case. Upon consideration of respondent’s emergency motion for a ninety day continuance of oral […]

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STATE EX REL. v. ALEXANDER, 175 Ohio St. 24 (1963)

190 N.E.2d 923 THE STATE EX REL. BROER, APPELLANT v. ALEXANDER, JUDGE, APPELLEE. No. 37718Supreme Court of Ohio. Decided June 5, 1963. Guardian and ward — Appointment of guardian for mentally incompetent — Pending divorce action not thereby abated — Prohibition not awarded where other adequate remedy available — Appeal. 1. The appointment of a […]

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TRUMAN v. WALTON, 59 Ohio St. 517 (1899)

TRUMAN v. WALTON. Supreme Court of Ohio. Decided January 31, 1899. ERROR to the circuit court of Greene county. This action was begun in the court of common pleas of Greene county by the defendant in error against plaintiff in error to recover damages for an unauthorized trial and imprisonment of defendant in error. A […]

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STATE v. BURCHFIELD, 66 Ohio St.3d 261 (1993)

611 N.E.2d 819 THE STATE OF OHIO, APPELLEE, v. BURCHFIELD, APPELLANT. No. 92-883Supreme Court of Ohio.Submitted February 9, 1993 — Decided May 19, 1993. CERTIFIED by the Court of Appeals for Athens County, No. 1461. On April 23, 1990, a history of enmity between Terry Jago and appellant, Shane Burchfield, culminated in Jago’s violent death. […]

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DISCIPLINARY DOCKET, 90 Ohio St.3d 1446 (2000)

736 N.E.2d 906Supreme Court of Ohio. 2000. DISCIPLINARY DOCKET ANNOUNCEMENT, THURSDAY, October 19, 2000 00-1547. In re Johnson. On September 15, 2000, this court suspended respondent, Jeffrey D. Johnson, from the practice of law pursuant to Gov.Bar R. V(5), and referred the matter to the Office of Disciplinary Counsel for investigation and commencement of disciplinary […]

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BLOUNT v. SMITH, 12 Ohio St.2d 41 (1967)

231 N.E.2d 301 BLOUNT, APPELLEE v. SMITH ET AL., APPELLANTS. No. 40530Supreme Court of Ohio. Decided November 29, 1967. Contracts — Partnership — Provisions delineating interests of parties upon withdrawal of one — Not disturbed by court, when — Misapprehension, undue disadvantage or excess penalty not shown. The provisions of a contract, explicitly delineating the […]

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STATE v. SMITH, 86 Ohio St.3d 1447 (1999)

714 N.E.2d 399 State v. Smith. No. 98-912.Supreme Court of Ohio. August 10, 1999. Lorain App. No. 96CA006331. This cause is pending before the court as an appeal from the Court of Appeals for Lorain County. Upon consideration of appellant’s motion to continue oral argument currently scheduled for October 12, 1999. IT IS ORDERED by […]

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MOTION DOCKET, 90 Ohio St.3d 1461 (2000)

737 N.E.2d 968Supreme Court of Ohio. 2000. MOTION DOCKET ANNOUNCEMENT, COLUMBUS, WEDNESDAY, November 8, 2000.00-1919. Citizen Power, Inc. v. Pub. Util. Comm. Public Utilities Commission, Nos. 99-1212-EL-ETP, 99-1213-EL-ATA and 99-1214-EL-AAM. This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Upon consideration of appellee’s motion to vacate this […]

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STATE EX REL. VASI v. JONES, 103 Ohio St.3d 1458 (2004)

2004-Ohio-5133 STATE EX REL. VASI v. JONES. 2004-1488.Supreme Court of Ohio. September 28, 2004. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s application for dismissal, IT IS ORDERED by the court that the application for dismissal be, and hereby is, […]

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IN RE GUARDIANSHIP OF HOLLINS, 111 Ohio St.3d 1409 (2006)

2006-Ohio-5083 In re Guardianship of Hollins. No. 2006-1137.Supreme Court of Ohio. October 4, 2006. Cuyahoga App. Nos. 86412 and 86574, 2006-Ohio-1543. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted. PFEIFER and LUNDBERG STRATTON. JJ., dissent. Amended motion for summary reversal and motion to strike amended motion for summary reversal denied.

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DISCIPLINARY COUNSEL v. O’NEILL, 46 Ohio St.3d 605 (1989)

546 N.E.2d 205 OFFICE OF DISCIPLINARY COUNSEL v. O’NEILL. No. D.D. 88-13Supreme Court of Ohio.Submitted September 26, 1989 — Decided November 1, 1989. Attorneys at law — Motion to pay costs in installments. ON MOTION to Pay Costs in Installments. On November 16, 1988, Timothy Joseph O’Neill was indefinitely suspended from the practice of law.[1] […]

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STATE, EX REL. LEHMANN, v. CMICH, 23 Ohio St.2d 11 (1970)

260 N.E.2d 835 THE STATE, EX REL. LEHMANN, v. CMICH, MAYOR, ET AL. No. 69-764Supreme Court of Ohio. Decided July 8, 1970. Prohibition — Writ not available, when — Respondent not about to exercise judicial or quasi-judicial power — Fluoridation of city water supply. IN PROHIBITION. Relator filed an action in this court seeking a […]

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STATE v. GARCIA, 125 Ohio St.3d 1411 (2010)

2010-Ohio-1893 State v. Garcia. No. 2010-0492.Supreme Court of Ohio. May 5, 2010. Butler App. No. CA2008-01-015. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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NEW YORK, CHICAGO ST. L. RD. CO. v. BUCSI, 128 Ohio St. 134 (1934)

190 N.E. 562 THE NEW YORK, CHICAGO ST. LOUIS RD. CO. ET AL. v. BUCSI ET AL. No. 24370Supreme Court of Ohio. Decided April 4, 1934. Municipal corporations — Vacating streets — Property owner, abutting on street but not in vacated portion, cannot recover damages, when — Damnum absque injuria. 1. Where a duly dedicated […]

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GILES v. SACKS, WARDEN, 172 Ohio St. 52 (1961)

172 N.E.2d 913 GILES v. SACKS, WARDEN. No. 36769Supreme Court of Ohio. Decided March 15, 1961. Habeas corpus — Not available as substitute for adequate remedy by appeal. IN HABEAS CORPUS. Petitioner, Giles, has invoked the original jurisdiction of this court by this proceeding in habeas corpus to obtain his release from the penitentiary. Petitioner […]

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CLEVELAND METRO. BAR ASSN. v. POLKE, 120 Ohio St.3d 1425 (2008)

2008-Ohio-6267 Cleveland Metro. Bar Assn. v. Polke. No. 2008-1708.Supreme Court of Ohio. December 4, 2008. DISCIPLINARY CASES. This cause is pending before the court upon the filing of a report and recommendation by the Board of Commissioners on Grievances and Discipline. On November 14, 2008, relator, Cleveland Metropolitan Bar Association, filed a motion to participate […]

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PENNINGTON v. DUDLEY, 10 Ohio St.2d 90 (1967)

226 N.E.2d 738 PENNINGTON, APPELLEE v. DUDLEY, ADMR., BUREAU OF UNEMPLOYMENT COMPENSATION, ET AL., APPELLANTS. No. 40465Supreme Court of Ohio. Decided April 19, 1967. Unemployment compensation — Eligibility and qualification for benefits — Section 4141.29, Revised Code — “Suitable” work a question for determination by trier of facts — Offered job with reduction of pay […]

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Consumers’ Counsel v. Pub. Util. Comm., Unpublished Decision (9-27-2006)

2006-Ohio-4921 Ohio Consumers’ Counsel v. Pub. Util. Comm., 2006-Ohio-4706. No. 2005-0945.Supreme Court of Ohio. September 27, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Public Utilities Commission, Nos. 03-2405-EL-CSS, 04-85-EL-CSS, and 03-2341-EL-ATA. Order affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

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STATE v. PEPPLE, 127 Ohio St.3d 1500 (2011)

2011-Ohio-97, 939 N.E.2d 1264 State ex rel. Scanlon v. Pepple. No. 2010-1045.Supreme Court of Ohio. January 14, 2011. MISCELLANEOUS DISMISSALS In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s application for dismissal, it is ordered by the court that the application […]

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MISCELLANEOUS DISMISSALS, 57 Ohio St.3d 706 (1991)

566 N.E.2d 165-173Supreme Court of Ohio. 1991. MISCELLANEOUS DISMISSIALS Wednesday, January 16, 1991 90-1154. Railroad S. L. Co. v. Berman. Franklin County, No. 89AP-626. Sua sponte, cause dismissed for want of prosecution, effective January 9, 1991. 90-2474. Clontz v. Clontz. Butler County, No. CA90-07-142. Cause dismissed, on application of counsel for appellant, effective January 9, […]

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WIGHTMAN v. CONSOLIDATED RAIL CORP., 86 Ohio St.3d 431 (1999)

715 N.E.2d 546 Wightman et al., Appellants and Cross-Appellees, v. Consolidated Rail Corporation, Appellee and Cross-Appellant. No. 97-2342.Supreme Court of Ohio, Columbus County.Submitted November 10, 1998. Decided September 15, 1999. Page 432 Appeal and Cross-Appeal from the Court of Appeals for Erie County, No. E-97-001. On February 18, 1989, a Consolidated Rail Corporation (“Conrail”) freight […]

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WILLIAMS v. DEUTSCHE BANK TRUST, 121 Ohio St.3d 1455 (2009)

2009-Ohio-1820 Estate of Williams v. Deutsche Bank Trust Co. Am. No. 2008-2136.Supreme Court of Ohio. April 22, 2009. Cuyahoga App. No. 90967, 2008-Ohio-3981. Reported at 120 Ohio St.3d 1526, 2009-Ohio-614, 901 N.E.2d 245. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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DISCIPLINARY COUNSEL v. NICKS, 128 Ohio St.3d 1201 (2011)

2011-Ohio-1083 DISCIPLINARY COUNSEL v. NICKS. No. 2009-1544.Supreme Court of Ohio.Submitted January 28, 2011. Decided February 4, 2011. ON APPLICATION FOR REINSTATEMENT {¶ 1} This cause came on for further consideration upon the filing of an application for reinstatement by respondent, J. Michael Nicks, Attorney Registration No. 0073608, last known business address in Galena, Ohio. {¶ […]

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IN RE DISQUALIFICATION OF MARTIN, 36 Ohio St.3d 603 (1987)

522 N.E.2d 457 IN RE DISQUALIFICATION OF MARTIN: THE STATE OF OHIO v. MARSH. No. 87-AP-275Supreme Court of Ohio. Decided December 17, 1987. Judges — Affidavit of disqualification — Alleged error in sentencing not amenable to affidavit — Differences in sentences between judges is one of hazards of wrongdoing. ON AFFIDAVIT OF DISQUALIFICATION. MOYER, C.J. […]

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OHIO MANUFACTURERS’ ASSN. v. PUB. UTIL. COMM., 46 Ohio St.2d 214 (1976)

346 N.E.2d 770 THE OHIO MANUFACTURERS’ ASSOCIATION, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. No. 75-971Supreme Court of Ohio. Decided May 12, 1976. Public Utilities Commission — Powers — Authorization of monetary penalties against utility’s consumers — Unlawful, when. In the absence of express statutory authority, the Public Utilites Commission is without […]

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STATE v. CAMPBELL, 69 Ohio St.3d 38 (1994)

630 N.E.2d 339 THE STATE OF OHIO, APPELLEE, v. CAMPBELL, APPELLANT. No. 91-2137Supreme Court of Ohio.Submitted October 13, 1993 — Decided April 20, 1994. APPEAL from the Court of Appeals for Hamilton County, No. C-890330. Appellant, Jerome Campbell, convicted of the aggravated murder of Henry Turner, appeals his convictions and death sentence. Page 39 Turner […]

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DRISCOLL v. AUSTINTOWN ASSOCIATES, 42 Ohio St.2d 263 (1975)

328 N.E.2d 395 DRISCOLL ET AL., APPELLEES AND CROSS-APPELLANTS, v. AUSTINTOWN ASSOCIATES, A PARTNERSHIP, ET AL., APPELLANTS AND CROSS-APPELLEES. No. 74-204Supreme Court of Ohio. Decided May 14, 1975. Zoning — Application to rezone one tract for multi-family residences denied — Constitutionality of zoning ordinance — Administrative remedy of appeal — Necessity of exhausting remedy — […]

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SPENCER v. FHI, L.L.C., 128 Ohio St.3d 1424 (2011)

2011-Ohio-1049, 943 N.E.2d 572 Spencer v. FHI, L.L.C. No. 2010-2138.Supreme Court of Ohio. March 16, 2011. Appeal from the Miami App. No. 09-CA-44, 2010-Ohio-5288. Appeals Accepted for Review. PFEIFER, LANZINGER, and McGEE BROWN, JJ., dissent. Page 1425

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STATE v. LAMPKIN, 2010-1975 (11-9-2011)

2011-Ohio-5773 State v. Lampkin, Slip Opinion No. 2011-Ohio-5715. No. 2010-1975 and 2010-2232.Supreme Court of Ohio. November 9, 2011. MERIT DECISION WITH OPINION Lucas App. No. L-09-1270, 2010-Ohio-4934. Judgment reversed. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur. Lanzinger, J., dissents. Page 1

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MORGAN v. STATE TEACHERS RETIREMENT BD., 121 Ohio St.3d 324 (2009)

2009-Ohio-591, 904 N.E.2d 506 THE STATE EX REL. MORGAN, APPELLANT, v. STATE TEACHERS RETIREMENT BOARD OF OHIO, APPELLEE. No. 2008-1441.Supreme Court of Ohio.Submitted February 4, 2009. Decided February 18, 2009. APPEAL from the Court of Appeals for Franklin County, No. 07AP-115, 2008-Ohio-2796. Per Curiam. {¶ 1} This is an appeal from a judgment denying a […]

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MEDIATION REFERRALS, 101 Ohio St.3d 1406 (2003)

2003-Ohio-7048, 800 N.E.2d 1174Supreme Court of Ohio. Case Announcements and Administrative Actions, December 31, 2003. MEDIATION REFERRALS The following case has been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): 2003-1777. State ex rel. Timmerman Truss, Inc. v. Indus. Comm. Franklin App. No. 02AP-1357, 2003-Ohio-4511.

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WILLIAMS v. WILLIAMS, 88 Ohio St.3d 441 (2000)

727 N.E.2d 895 Williams, Appellee, v. Williams, Appellant. Nos. 99-934 and 99-1095.Supreme Court of Ohio.Submitted February 9, 2000. Decided May 17, 2000. Appeal from and Certified by the Court of Appeals for Warren County, No. CA98-09-114. Defendant-appellant, Charles Williams, and plaintiff-appellee, Patricia Williams, n.k.a. Lundy, were divorced in 1984. Appellee was awarded custody of their […]

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DISCIPLINARY COUNSEL v. LEIBOLD, 53 Ohio St.3d 128 (1990)

559 N.E.2d 749 OFFICE OF DISCIPLINARY COUNSEL v. LEIBOLD. No. 90-453Supreme Court of Ohio.Submitted April 17, 1990 — Decided August 22, 1990. Attorneys at law — Misconduct — Indefinite suspension — Failing to properly withdraw from employment and refund any unearned fee — Neglecting an entrusted legal matter — Failing to carry out a contract […]

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EMRICK v. MULTICON BUILDERS, INC., 57 Ohio St.3d 107 (1991)

566 N.E.2d 1189 EMRICK ET AL., APPELLEES, v. MULTICON BUILDERS, INC. ET AL., APPELLANTS. No. 90-340Supreme Court of Ohio.Submitted October 24, 1990 — Decided January 30, 1991. Real property — Unrecorded land use restriction not enforceable against bona fide purchaser unless purchaser has actual knowledge of the restriction — Actual knowledge imputed, how — Defense […]

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STATE v. NOSER, 99 Ohio St.3d 126 (2003)

2003-Ohio-2767, 789 N.E.2d 222 The State of Ohio, Appellee v. Noser, Appellant. Nos. 2002-0020, 2002-0096. Page 127 Supreme Court of Ohio.Submitted May 14, 2003. Decided June 11, 2003. Certified by and Appeal from the Court of Appeals for Lucas County, No. L-00-1154. {¶ 1} The judgment of the court of appeals on Proposition of Law […]

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APPEALS NOT ACCEPTED FOR REVIEW, 103 Ohio St.3d 1431 (2004)

2004-Ohio-4620Supreme Court of Ohio. Case Announcements and Administrative Actions, September 2, 2004. APPEALS NOT ACCEPTED FOR REVIEW 2004-1039. Rust v. Harris-Gordon. Lucas App. No. L-03-1091, 2004-Ohio-1636. On discretionary appeal, motion to dismiss, and motion for sanctions for frivolous action. Appeal not accepted and motion to dismiss denied as moot. Upon consideration of motion for sanctions, […]

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STONE v. STEPHENS, 155 Ohio St. 595 (1951)

99 N.E.2d 766 STONE (GLENN, ADMR., SUBSTITUTED PLAINTIFF), APPELLEE v. STEPHENS, APPELLANT, ET AL. No. 32434Supreme Court of Ohio. Decided June 20, 1951. Insurance — Change of beneficiary by will — Ineffective unless authorized by policy — Right to proceeds of policy — Fixed at death of insured — Not affected by interpleader of insurer. […]

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STATE, EX REL. v. INDUS. COMM., 138 Ohio St. 618 (1941)

37 N.E.2d 595 THE STATE, EX REL. LOURIN, APPELLANT v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 28661Supreme Court of Ohio. Decided November 12, 1941. Workmen’s compensation — Silicosis — Special schedule for compensation different from that for other occupational diseases or injuries — Section 1465-68a, General Code (117 Ohio Laws, 268), constitutional — Section 26, […]

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GUERRIERI v. MAXWELL, 174 Ohio St. 40 (1962)

186 N.E.2d 614 GUERRIERI v. MAXWELL, WARDEN. No. 37600Supreme Court of Ohio. Decided December 5, 1962. Habeas corpus — Petitioner tried, convicted and sentenced — At large on bail pending appeal — Convicted of federal offense while on bail — State’s release of custody to serve federal sentence — Not waiver of right to execute […]

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WACHOVIA NATL. BANK OF DELAWARE v. MAENLE, Unpublished Decision (8-9-2006)

2006-Ohio-3906 Wachovia Natl. Bank of Delaware, N.A. v. Maenle, 2006-Ohio-3820. No. 2005-1635.Supreme Court of Ohio. August 9, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Huron App. No. H-04-036, 162 Ohio App.3d 479, 2005-Ohio-4021. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, […]

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CAMPBELL v. GREAT MIAMI AERIE, 15 Ohio St.3d 79 (1984)

472 N.E.2d 711 CAMPBELL, APPELLANT, v. GREAT MIAMI AERIE NO. 2309, FRATERNAL ORDER OF EAGLES, APPELLEE. No. 84-477Supreme Court of Ohio. Decided December 31, 1984. Real property — Trespass — Dual sewage systems used by adjacent properties — Implied easement not shown, when. APPEAL from the Court of Appeals for Warren County. Appellant, David D. […]

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LOVELL v. LEVIN, 114 Ohio St.3d 1497 (2007)

2007-Ohio-4185 Lovell v. Levin. No. 2007-0579.Supreme Court of Ohio. August 17, 2007. Board of Tax Appeals, No. 2006-M-782. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellants’ motion to strike portions of appellee’s merit brief, It is ordered by the […]

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STATE EX REL. ROGERS v. TAFT, 64 Ohio St.3d 193 (1992)

594 N.E.2d 576 THE STATE EX REL. ROGERS v. TAFT, SECY. OF STATE, ET AL. No. 92-972Supreme Court of Ohio. Submitted and decided June 2, 1992 — Opinion announced June 19, 1992.[*] [*] Reporter’s Note: On June 2, 1992, the writ of mandamus sought in this case was denied, “consistent with the opinion to follow.” […]

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MANPOWER, INC. v. PHILLIPS, 173 Ohio St. 45 (1962)

179 N.E.2d 922 MANPOWER, INC., A.K.A. MANPOWER, INC., OF OHIO, APPELLEE v. PHILLIPS; OAKLEY DRIVE-IN THEATRE, INC., ET AL., APPELLANTS. No. 36972Supreme Court of Ohio. Decided January 24, 1962. Mechanics’ liens — Corporation paying and furnishing laborers to construction contractor — Not entitled to lien on real property improved by such laborers — For services […]

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STATE EX REL. CHESNICK v. NESTLE USA F PREPARED, 103 Ohio St.3d 1458 (2004)

2004-Ohio-5133 STATE EX REL. CHESNICK v. NESTLE USA F PREPARED FOODS DIV., INC. 2004-1421.Supreme Court of Ohio. September 28, 2004. Franklin App. Nos. 03AP-628 and 03AP-857. The court refers this case to mediation under S.Ct.Prac.R. XIV(6), and stays the briefing schedule for this case until further notice. The court will not issue any decision on […]

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MIRAGLIA v. B.F. GOODRICH, 61 Ohio St.2d 128 (1980)

399 N.E.2d 1234 MIRAGLIA, APPELLEE, v. B.F. GOODRICH COMPANY, APPELLANT. No. 79-774Supreme Court of Ohio. Decided January 30, 1980. Workers’ compensation — Appeal to Court of Common Pleas — Order of Industrial Commission not appealable, when — R.C. 4123.519, construed. CERTIFIED by the Court of Appeals for Summit County. On March 12, 1975, Russi Miraglia […]

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MOTION AND PROCEDURAL RULINGS, 102 Ohio St.3d 1487 (2004)

2004-Ohio-3259, 811 N.E.2d 84Supreme Court of Ohio. Case Announcements and Administrative Actions, June 24, 2004. MOTION AND PROCEDURAL RULINGS 2004-0394. State ex rel. Dispatch Printing Co. v. Johnson. 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 an order […]

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COLUMBUS BAR ASSN. v. VOGEL, 123 Ohio St.3d 1213 (2009)

2009-Ohio-5938, 916 N.E.2d 481 COLUMBUS BAR ASSOCIATION v. VOGEL. No. 2007-1592.Supreme Court of Ohio.Submitted October 20, 2009. Decided October 30, 2009. ON APPLICATION FOR REINSTATEMENT. {¶ 1} This cause came on for further consideration upon the filing of an application for reinstatement by respondent, John William Vogel, Attorney Registration No. 0071169, last known business address […]

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STATE EX REL. v. INDUS. COMM., 108 Ohio St.3d 315 (2006)

2006-Ohio-1060, 843 N.E.2d 761 THE STATE EX REL. DANSTAR BUILDERS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 2005-0450.Supreme Court of Ohio.Submitted November 29, 2005. Decided March 22, 2006. APPEAL from the Court of Appeals for Franklin County, No. 04AP-309, 2005-Ohio-365. Per Curiam. {¶ 1} On December 31, 2001, Donald Knight Jr. […]

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SEWARD v. SURETY CO., 120 Ohio St. 47 (1929)

165 N.E. 537 SEWARD v. NATIONAL SURETY CO. No. 21219Supreme Court of Ohio. Decided February 27, 1929. Postmaster — Duty to keep safely, disburse and account for official moneys — Theft or embezzlement by others not defense, when — Official bond covers duty to account for and disburse moneys — Evidence — Judicial notice of […]

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THE CLEVELAND TRUST CO. v. BOUSE; LICHOTA, 171 Ohio St. 490 (1961)

172 N.E.2d 299 THE CLEVELAND TRUST CO. v. BOUSE ET AL., APPELLEES; LICHOTA ET AL., APPELLANTS. No. 36790Supreme Court of Ohio. Decided January 25, 1961. Supreme Court — Dismissal — No debatable constitutional question involved — Contracts — For sale of real property — Escrow agreement — Vendee in possession — Claim default by vendor […]

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OREO v. CUYAHOGA, 112 Ohio St.3d 1483 (2007)

2007-Ohio-723 Oreo Corp. v. Cuyahoga Cty. Bd. of Revision. 2006-2244.Supreme Court of Ohio. February 23, 2007. Board of Tax Appeals, No. 2005-T-135. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of parties’ joint motion to remand this cause to the Board […]

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STATE v. JOHNSON, 129 Ohio St.3d 1408 (2011)

2011-Ohio-3244, 949 N.E.2d 1003 State v. Johnson. No. 2011-0847.Supreme Court of Ohio. July 6, 2011. Franklin App. No. 03AP-1103, 2004-Ohio-4842. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied.

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IN RE ESTATE OF SILKA, 86 Ohio St.3d 1407 (1999)

711 N.E.2d 234 In re Estate of Silka. No. 99-123.Supreme Court of Ohio. June 16, 1999. APPEAL from Lucas App. No. L-98-1057. Reported at 85 Ohio St.3d 1463, 709 N.E.2d 170. On motion for reconsideration. Motion denied. DOUGLAS and RESNICK, JJ., not participating.

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DAYTON RENTAL CO. v. EVATT, 145 Ohio St. 215 (1945)

61 N.E.2d 210 THE DAYTON RENTAL CO., APPELLANT v. EVATT, TAX COMMR., APPELLEE. No. 30235Supreme Court of Ohio. Decided May 9, 1945. Taxation — Appeal to Board of Tax Appeals from Tax Commissioner — Insufficient notice of appeal — sections 5546-9a and 5611, General Code — Deficiency sales tax assessment. APPEAL from the Board of […]

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STATE, EX REL. v. VICKERY, 121 Ohio St. 49 (1929)

166 N.E. 894 THE STATE, EX REL. BURTZLAFF ET AL. v. VICKERY ET AL., JUDGES. No. 21716Supreme Court of Ohio. Decided May 29, 1929. Prohibition — Writ to restrain enforcement of judgment, denied — Inferior court’s jurisdiction challenged in pending error proceedings. Where the original jurisdiction of this court is invoked to obtain a writ […]

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DISCIPLINARY DOCKET, 93 Ohio St.3d 1491 (2001)

758 N.E.2d 1143Supreme Court of Ohio. 2001. DISCIPLINARY DOCKET Announcement Wednesday November 28, 200189-1101. Disciplinary Counsel v. Morford. On June 21, 2001, respondent, Warren N. Morford, Jr., a.k.a. Warren Newton Morford, Jr., filed an amended application for termination of probation, and on July 2, 2001, relator, Disciplinary Counsel, filed its Report Regarding Probation. Upon consideration […]

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DISCIPLINARY COUNSEL v. GRIMES, 66 Ohio St.3d 607 (1993)

614 N.E.2d 740 OFFICE OF DISCIPLINARY COUNSEL v. GRIMES. No. 93-455Supreme Court of Ohio.Submitted April 6, 1993 — Decided July 7, 1993. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 92-44. In a complaint filed August 17, 1992, relator, Office of Disciplinary Counsel, charged respondent, Richard […]

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STATE v. GIBSON, 108 Ohio St.3d 1481 (2006)

2006-Ohio-884, 843 N.E.2d 191 State v. Gibson. No. 2005-2119.Supreme Court of Ohio. February 28, 2006. Ross App. No. 04CA2805, 2005-Ohio-5273. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal. On November 10, 2005, appellant filed a notice that a motion to certify a conflict was pending in the court […]

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GARDNER PLUMBING v. COTTRILL, 44 Ohio St.2d 111 (1975)

338 N.E.2d 757 GARDNER PLUMBING, INC., ET AL., v. COTTRILL ET AL., APPELLEES; DOLLAR FEDERAL SAVINGS LOAN ASSN., APPELLANT. No. 74-1042Supreme Court of Ohio. Decided December 10, 1975. Mechanic’s lien — R.C. 1311.04 construed — Mortgagee’s power to demand affidavits from contractor indicating unpaid claims, discretionary — Agency — Relationship established between mortgagee and mortgagor, […]

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STATE, EX REL. v. BUTTERFIELD, 132 Ohio St. 5 (1936)

4 N.E.2d 142 THE STATE, EX REL. BIGELOW ET AL. v. BUTTERFIELD ET AL., BOARD OF ELECTIONS OF HAMILTON COUNTY. No. 26195Supreme Court of Ohio. Decided October 2, 1936. Elections — Party primary nominee cannot be nominated on independent ticket — Sections 4785-69 and 4785-91, General Code — Election statutes construed in pari materia — […]

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SEARS v. WEIMER, 143 Ohio St. 312 (1944)

55 N.E.2d 413 SEARS, APPELLANT v. WEIMER, APPELLEE. No. 29843Supreme Court of Ohio. Decided May 17, 1944. Judgments — Revivor — Dormant judgment against nonresident of state — Jurisdiction — Service by publication insufficient where judgment obtained after such service — Service by publication sufficient where personal service originally obtained — Personal service secured, how […]

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