2008-Ohio-6166 State v. Sowell. No. 2008-1617.Supreme Court of Ohio. December 3, 2008. Franklin App. No. 06AP-443, 2008-Ohio-3285. APPEALS NOT ACCEPTED FOR REVIEW. CUPP, J., dissents and would accept the appeal on Proposition of Law Nos. I and III.
Category: Ohio Supreme Court Opinions
STATE v. ELEY, 77 Ohio St.3d 174 (1996)
672 N.E.2d 640 THE STATE OF OHIO, APPELLEE, v. ELEY, APPELLANT. No. 96-285Supreme Court of Ohio.Submitted October 16, 1996 — Decided December 18, 1996. APPEAL from the Court of Appeals for Mahoning County, No. 87 C.A. 122. On August 26, 1986, defendant-appellant, John Jeffrey Eley, shot and killed Ihsan “Easy” Aydah during a robbery of […]
COCHREL v. ROBINSON, 113 Ohio St. 526 (1925)
149 N.E. 871 COCHREL, A MINOR v. ROBINSON ET AL. No. 18994Supreme Court of Ohio. Decided November 24, 1925. Descent and distribution — Heir at law designated — Section 8598, General Code — Rights same as child born in lawful wedlock — Designated heir regarded as “issue” — Descent of estates by purchase — Section […]
STATE, EX REL. v. ABELE, 119 Ohio St. 210 (1928)
162 N.E. 807 THE STATE, EX REL. DIEHL, JR. v. ABELE ET AL. No. 20928Supreme Court of Ohio. Decided June 20, 1928. Municipal corporations — Construction of public utilities — Initial and subsequent ordinances subject to referendum — Sections 4, 5 and 8, Article XVIII, Constitution. Under Sections 4, 5 and 8, Article XVIII, of […]
IN RE RICHARDSON, 130 Ohio St.3d 1411 (2011)
2009-Ohio-2213, 956 N.E.2d 304 In re Richardson. No. 2011-1813.Supreme Court of Ohio. October 31, 2011. DISCIPLINARY CASE On October 25, 2011, and pursuant to Rule V(5)(A)(3) of the Supreme Court Rules for the Government of the Bar of Ohio, the Secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of […]
WEARS v. MAXWELL, 175 Ohio St. 144 (1963)
191 N.E.2d 804 WEARS v. MAXWELL, WARDEN. No. 38112Supreme Court of Ohio. Decided July 3, 1963. Criminal law — Sentence for escape — Section 2901.11, Revised Code — To run after termination of other sentences — Other sentences not terminated — Habeas corpus. IN HABEAS CORPUS. This is an action in habeas corpus originating in […]
STATE v. SEMALA, 106 Ohio St.3d 1555 (2005)
2005-Ohio-5531, 836 N.E.2d 580 State v. Semala. 2005-1250.Supreme Court of Ohio. October 26, 2005. Lake App. No. 2003-L-128, 2005-Ohio-2653. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209; and briefing schedule stayed.
PENNA. RD. CO. v. P. U. C., 123 Ohio St. 203 (1931)
174 N.E. 737 PENNSYLVANIA RD. CO. v. PUBLIC UTILITIES COMMISSION OF OHIO. SECOY v. PUBLIC UTILITIES COMMISSION OF OHIO. Nos. 22439 and 22539Supreme Court of Ohio. Decided January 14, 1931. Public Utilities Commission — Motor transportation companies — Certificate granted, but order suspended pending rehearing — Error prosecuted to Supreme Court before second rehearing motion […]
STATE v. BRACK, 129 Ohio St.3d 1503 (2011)
2011-Ohio-5358, 955 N.E.2d 386 State v. Brack. No. 2011-1496.Supreme Court of Ohio. October 19, 2011. Stark App. No. 2010CA00061, 2011-Ohio-2949. MOTION AND PROCEDURAL RULING On motion for delayed appeal. Motion denied. PFEIFER, CUPP, and MCGEE BROWN, JJ., dissent.
DISCIPLINARY COUNSEL v. NORRIS, 76 Ohio St.3d 93 (1996)
666 N.E.2d 1087 OFFICE OF DISCIPLINARY COUNSEL v. NORRIS. No. 95-2525Supreme Court of Ohio.Submitted April 15, 1996 — Decided July 24, 1996. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 95-34. On November 18, 1994, based on his plea of guilty, a federal court convicted respondent, […]
STATE v. GAU, 113 Ohio St.3d 1487 (2007)
2007-Ohio-1986 State v. Gau. No. 2007-0511.Supreme Court of Ohio. May 2, 2007. Ashtabula App. No. 2005-A-0082, 2006-Ohio-6531. Motion and Procedural Rulings On motion for leave to file delayed appeal. Motion denied. PFEIFER and CUPP. JJ., dissent.
BD. OF BAINBRIDGE TWP. TRUSTEES v. FUNTIME, INC., 55 Ohio St.3d 106 (1990)
563 N.E.2d 717 BOARD OF TOWNSHIP TRUSTEES OF BAINBRIDGE TOWNSHIP, APPELLANT, v. FUNTIME, INC., APPELLEE. No. 89-1228Supreme Court of Ohio.Submitted September 26, 1990 — Decided December 5, 1990. Zoning — Authority possessed by townships limited to that which is specifically conferred by the General Assembly — Police power granted to townships pursuant to R.C. 519.02 […]
DENNIS v. NEW YORK CENTRAL RD. CO., 129 Ohio St. 544 (1935)
196 N.E. 164 DENNIS v. THE NEW YORK CENTRAL RD. CO. No. 25304Supreme Court of Ohio. Decided May 22, 1935. Supreme Court — Dismissals — No debatable constitutional question involved — Seniority rights of employee under agreement between labor union and railroad — Mandatory injunction and damages for breach of contract — Appeal to Court […]
APPEALS NOT ACCEPTED FOR REVIEW, 95 Ohio St.3d 1477 (2002)
768 N.E.2d 1184Supreme Court of Ohio. 2002. APPEALS NOT ACCEPTED FOR REVIEW Case Announcements and Administrative Actions May 31, 20022002-0432. Pillo v. Stricklin. Stark App. No. 2001CA00203, 2002-Ohio-363. Cook, J., would allow on Proposition of Law No. I and would hold the cause for the decision in 2001-1709, Kemper v. Michigan Millers Mut. Ins. Co., […]
CINCINNATI SCH. DIST. v. HAMILTON CTY. BD. REV., 110 Ohio St.3d 1459 (2006)
2006-Ohio-4291, 852 N.E.2d 1210 Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision. 2006-1471.Supreme Court of Ohio. August 21, 2006. Board of Tax Appeals, No. 2005-B-1275.
STATE EX REL. DONALDSON v. ALFRED, 66 Ohio St.3d 327 (1993)
612 N.E.2d 717 THE STATE EX REL. DONALDSON, JUDGE, v. ALFRED, MAYOR, ET AL. IN RE PROVIDING COUNSEL FOR SHAKER HEIGHTS MUNICIPAL COURT; CITY OF SHAKER HEIGHTS, APPELLANT; DONALDSON, JUDGE, APPELLEE. Nos. 91-1760 and 91-2247Supreme Court of Ohio.Submitted February 3, 1993 — Decided June 2, 1993. Page 328 IN MANDAMUS. APPEAL from the Court of […]
WALKER v. DEWEESE, 125 Ohio St.3d 1409 (2010)
2010-Ohio-1893 State ex rel. Walker v. DeWeese. No. 2010-0395.Supreme Court of Ohio. May 5, 2010. In Prohibition. Merit Decisions Without Opinions. On motion to dismiss. Motion to dismiss granted. Cause dismissed. PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur. BROWN, C.J., not participating.
TOLEDO BAR ASSN. v. BURKHOLDER, 2005-2394 (8-26-2010)
2010-Ohio-3988 Toledo Bar Assn. v. Burkholder. No. 2005-2394.Supreme Court of Ohio. August 26, 2010. DISCIPLINARY CASES On application for reinstatement of Fred Joseph Burkholder, Attorney Registration No. 0014094. Application granted and respondent is reinstated to the practice of law in Ohio. Page 2
STATE, EX REL. MURPHY, v. SHOEMAKER, 66 Ohio St.2d 66 (1981)
419 N.E.2d 878 THE STATE, EX REL. MURPHY, APPELLANT, v. SHOEMAKER, CHIEF, ET AL., APPELLEES. No. 80-1551Supreme Court of Ohio. Decided April 22, 1981. Mandamus — To compel reduction of sentence — Writ denied, when — Adequate remedy available — Post-conviction relief statutes. APPEAL from the Court of Appeals for Franklin County. This case arises […]
IN RE REPORT ON MODERALLI, 113 Ohio St.3d 1449 (2007)
2007-Ohio-1615 In re Report of the Commission On Continuing Legal Education. Robert John Moderalli (# 0066755), Respondent. No. CLE-05-66755.Supreme Court of Ohio. April 9, 2007. Miscellaneous Orders ENTRY This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (“commission”) pursuant to Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). […]
MOTION DOCKET, 76 Ohio St.3d 1421 (1996)
667 N.E.2d 22-29Supreme Court of Ohio. 1996. MOTION DOCKET Wednesday, July 17, 1996 88-1074. State v. Hutton. Cuyahoga County, No. 51704. On motion to set execution date. Motion granted and September 22, 1996 set. On motion to continue stay. Motion denied. 91-374. State v. Rojas. Hamilton County, No. C-880332. On motion to set execution date. […]
COLUMBUS v. MOLT, 36 Ohio St.2d 94 (1973)
304 N.E.2d 245 CITY OF COLUMBUS, APPELLEE, v. MOLT, APPELLANT. No. 73-322Supreme Court of Ohio. Decided November 28, 1973. Motor vehicles — Traffic laws — Penalties — Municipal ordinance penalty for violation of traffic ordinance — Validity — R.C. 4511.99(F) and 4511.06 — Not “general laws.” CERTIFIED by the Court of Appeals for Franklin County. […]
MOTION DOCKET, 77 Ohio St.3d 1554 (1997)
675 N.E.2d 6-9Supreme Court of Ohio. 1997. MOTION DOCKET Wednesday, February 5, 199796-1362. State ex rel. Longacre v. Penton Publishing Co. Cuyahoga App. No. 70455. This cause came on for further consideration upon appellant’s motion for leave to withdraw her motion for reconsideration. Upon consideration thereof, IT IS ORDERED by the court that the motion […]
MAHONING CTY. BAR ASSN. v. DANIELS, 82 Ohio St.3d 5 (1998)
693 N.E.2d 764 MAHONING COUNTY BAR ASSOCIATION v. DANIELS. No. 97-2726Supreme Court of Ohio.Submitted February 18, 1998 — Decided May 13, 1998. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-82. On October 15, 1996, relator, Mahoning County Bar Association, filed a complaint charging respondent, Richard […]
HUELSMAN v. LEVIN, 114 Ohio St.3d 1419 (2007)
2007-Ohio-2869 Huelsman v. Levin. No. 2007-0586.Supreme Court of Ohio. June 12, 2007. Board of Tax Appeals, No. 2006-R-549. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Board of Tax Appeals. It is ordered by the court, sua sponte, that this case shall be consolidated with 2007-0579, Lovell […]
DISCIPLINARY DOCKET, 82 Ohio St.3d 1486 (1998)
697 N.E.2d 223Supreme Court of Ohio. 1998. DISCIPLINARY DOCKET Thursday, July 30, 199897-2648. Cuyahoga Cty. Bar Assn. v. Okocha. On May 12, 1998, oral argument was held in this case. On July 23, 1998, respondent filed a motion for sanctions. In his motion, respondent requests that the court sanction counsel for the relator and Page […]
UCAR CARBON CO. v. CUYAHOGA CTY. BD. OF REVISION, 105 Ohio St.3d 1482 (2005)
2005-Ohio-1639, 825 N.E.2d 161 UCAR Carbon Co. v. Cuyahoga Cty. Bd. of Revision. 2004-1115.Supreme Court of Ohio. April 7, 2005. Board of Tax Appeals, No. 2003-R-264. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by […]
WHEELING-PITTSBURGH v. INDUS. COMM., 115 Ohio St.3d 372 (2007)
2007-Ohio-5234, 875 N.E.2d 91 THE STATE EX REL. WHEELING-PITTSBURGH STEEL CORPORATION, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.; RUNYAN, APPELLANT. No. 2006-1576.Supreme Court of Ohio.Submitted August 14, 2007. Decided October 11, 2007. APPEAL from the Court of Appeals for Franklin County, No. 05AP-913, 2006-Ohio-3912. {¶ 1} The judgment of the court of appeals […]
STATE v. SHEDRICK, 59 Ohio St.3d 146 (1991)
572 N.E.2d 59 THE STATE OF OHIO, APPELLEE, v. SHEDRICK, APPELLANT. No. 90-405Supreme Court of Ohio.Submitted January 23, 1991 — Decided May 8, 1991. (Motion for Rehearing Pending May 15, 1991.) Juvenile court — Testimony presented as evidence against juvenile in juvenile proceeding inadmissible against juvenile in any other proceeding — R.C. 2151.358(H), construed — […]
MENDENHALL v. AKRON, 2006-2265 (1-31-2008)
2008-Ohio-305 Mendenhall v. Akron, Slip Opinion No. 2008-Ohio-270. No. 2006-2265.Supreme Court of Ohio. January 31, 2008. MERIT DECISIONS WITH OPINIONS United States District Court for the Northern District of Ohio, Eastern Division, Certifying State Law Questions, Nos. 5:06 CV 0139 and 5:06 CV 0154. Certified question answered in the affirmative. Moyer, C.J., and Lundberg Stratton, […]
STATE, EX REL. ASSN., v. BD. OF EDN., 48 Ohio St.2d 139 (1976)
357 N.E.2d 384 THE STATE, EX REL. OHIO ASSN. OF PUBLIC SCHOOL EMPLOYEES ET AL., APPELLANTS, v. KETTERING CITY BOARD OF EDUCATION ET AL., APPELLEES. No. 76-390Supreme Court of Ohio. Decided December 1, 1976. State — School employees — Retirement — Payment of accrued sick leave — Employees not covered, when — R.C. 124.39 (former […]
COLUMBUS BAR ASSN. v. KIZER, 2009-0466 (9-17-2009)
2009-Ohio-4866, 915 N.E.2d 314 Columbus Bar Assn. v. Kizer, Slip Opinion No. 2009-Ohio-4763. No. 2009-0466.Supreme Court of Ohio. September 17, 2009. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-007. Tanya Johnston Kizer, Attorney Registration No. 0073402, is suspended from the practice of law in Ohio […]
IN RE RESIGNATION OF BOWEN, 117 Ohio St.3d 1220 (2008)
2008-Ohio-1668 IN RE RESIGNATION OF BOWEN. No. 2008-0455.Supreme Court of Ohio.Submitted March 12, 2008. Decided March 27, 2008. ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO GOV.BAR R. V(11)(G)(1). {¶ 1} Respondent, John Wesley Edward Bowen, Attorney Registration No. 0001899, last known business address in Columbus, Ohio, who was admitted to the bar […]
STATE, EX REL. ROBUSKY v. CHICKO, 17 Ohio St.2d 1 (1969)
244 N.E.2d 478 THE STATE, EX REL. ROBUSKY, APPELLEE, v. CHICKO, APPELLANT. No. 68-350Supreme Court of Ohio. Decided January 22, 1969. Bureau of Inspection and Supervision of Public Offices — Audit of sheriff’s “equipment fund” — Fees from sale of accident reports — “Public money” subject to inspection. Where a county sheriff receives fees from […]
RIEDEL v. CONSOL. RAIL CORP., 122 Ohio St.3d 1521 (2009)
2009-Ohio-4776 Riedel v. Consol. Rail Corp. No. 2009-1070.Supreme Court of Ohio. September 16, 2009. Cuyahoga App. Nos. 91237, 91238, and 91239, 2009-Ohio-1242. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted. PFEIFER, O’DONNELL, and LANZINGER, JJ., dissent. Motions for admission pro hac vice of Michael L. Torcello by Christopher M. Murphy and of Ira L. Podheiser by […]
OLIVER v. A.C.E. TRANS. CO., INC., 167 Ohio St. 299 (1958)
147 N.E.2d 856 OLIVER, APPELLEE v. A.C.E. TRANSPORTATION CO., INC., ET AL., APPELLEES; ET AL., APPELLANTS. No. 35454Supreme Court of Ohio. Decided January 29, 1958. Supreme Court — Dismissal — No debatable constitutional question involved — Labor relations — Common carriers — Owner-driver of leased equipment — Collective bargaining agreement — Fixing terms for leasing […]
STATE EX REL. LESTER v. PEPPLE, 128 Ohio St.3d 1465 (2011)
2011-Ohio-1989, 945 N.E.2d 1061 State ex rel. Lester v. Pepple. No. 2011-0327.Supreme Court of Ohio. April 25, 2011. Auglaize App. No. 2-10-34. Motion and Procedural Rulings. This cause is pending before the court as an appeal from the Court of Appeals for Auglaize County. Page 1466 Upon consideration of appellee’s motion to stay the filing […]
STATE EX REL. FERGUSON v. INDUS. COMM., 87 Ohio St.3d 39 (1999)
716 N.E.2d 1149 The State ex rel. Ferguson, Appellant, v. Industrial Commission of Ohio, Appellee. No. 99-393.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-109. Law Office of Thomas Tootle and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, […]
HYDE v. CITY OF LAKEWOOD, 175 Ohio St. 448 (1964)
195 N.E.2d 907 HYDE, APPELLANT v. CITY OF LAKEWOOD, APPELLEE.[*] No. 38459Supreme Court of Ohio. Decided January 29, 1964. [*] Motion to certify the record allowed. APPEAL from the Court of Appeals for Cuyahoga County. Per Curiam. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. […]
STATE v. CONWAY, 114 Ohio St.3d 1425 (2007)
2007-Ohio-2904 State v. Conway. No. 2007-0064.Supreme Court of Ohio. June 20, 2007. Appeal from the Franklin App. No. 05AP-550, 2006-Ohio-6219. Appeals Not Accepted for Review.
MOTION DOCKET, 82 Ohio St.3d 1431 (1998)
694 N.E.2d 981Supreme Court of Ohio. 1998. MOTION DOCKET Wednesday, June 3, 199895-2131. State ex rel. Harsch v. Indus. Comm. Franklin App. No. 94APD09-1382. On request for oral argument. Request denied. Page 1432 97-2039. E. Canton Edn. Assn. v. McIntosh. Stark App. No. 96CA0293. On motion to strike merit and reply briefs of East Canton […]
STATE v. CASTLE, 108 Ohio St.3d 1488 (2006)
2006-Ohio-962, 843 N.E.2d 794 STATE v. CASTLE. No. 2005-2232.Supreme Court of Ohio. March 8, 2006. Franklin App. Nos. 05AP-105 and 05AP-106, 2005-Ohio-5423. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. PINEDA, 125 Ohio St.3d 1469 (2010)
2010-Ohio-270, 2010-Ohio-2970 State ex rel. Johnson v. Pineda. No. 2010-1116.Supreme Court of Ohio. June 30, 2010. Hocking App. No. 10CA1. Administrative Actions This cause was filed as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s jurisdictional memorandum, it is determined by the court that this cause originated in the court of […]
SCOTT v. HOUK, 122 Ohio St.3d 1517 (2009)
2009-Ohio-4725 Scott v. Houk. No. 2009-1369.Supreme Court of Ohio. September 11, 2009. MOTION AND PROCEDURAL RULINGS. Certified Question of State Law, United States District Court, Northern District of Ohio, Eastern Division; No. 4:07-CV-0753. This cause came before the court on the certification of a state law question from the United States District Court, Northern District […]
STEVENS v. RADEY, 117 Ohio St.3d 65 (2008)
2008-Ohio-291 STEVENS ET AL., APPELLEES, v. RADEY, TRUSTEE, APPELLANT, ET AL. No. 2006-2343.Supreme Court of Ohio.Submitted November 7, 2007. Decided February 6, 2008. APPEAL from the Court of Appeals for Cuyahoga County, Nos. 87273 and 87274, 2006-Ohio-5579. MOYER, C.J. I {¶ 1} This appeal requires us to determine whether the residue of a testamentary trust […]
IN RE GRUNDSTEIN, 125 Ohio St.3d 1455 (2010)
2010-Ohio-2650 In re Grundstein. Supreme Court of Ohio. June 14, 2010. Motion and Procedural Rulings. On June 3, 2009, this court found Robert Grundstein to be a vexatious litigator under S.Ct.Prac. R. 14.5(B). This court further ordered that Grundstein was prohibited from continuing or instituting legal proceedings in this court without first obtaining leave. On […]
LUCRE v. AID PEST CONTROL, INC., 85 Ohio St.3d 1403 (1999)
706 N.E.2d 786 Lucre v. Aid Pest Control, Inc. No. 98-2698.Supreme Court of Ohio. March 1, 1999. Appeal from the Stark App. No. 98CA00078. This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the court that the application for dismissal be, and […]
LAKE CTY. BAR ASSN. v. ROZANC, 2009-0679 (8-27-2009)
2009-Ohio-4346, 914 N.E.2d 192 Lake Cty. Bar Assn. v. Rozanc, Slip Opinion No. 2009-Ohio-4207. No. 2009-0679.Supreme Court of Ohio. August 27, 2009. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-033. Frank J. Rozanc, Attorney Registration No. 0047173, is suspended from the practice of law in […]
MISCELLANEOUS DISMISSALS, 38 Ohio St.3d 719 (1988)
533 N.E.2d 1059Supreme Court of Ohio. 1988. MISCELLANEOUS DISMISSIALS Friday, September 2, 1988 88-753. State, ex rel. Scripps Howard Broadcasting Co., v. Daniel Drake Memorial Hospital. In Mandamus. Cause dismissed, upon application of counsel for relator, effective August 29, 1988. 88-928. State, ex rel. Freeman, v. Shoemaker. Stark County, No. CA-7406. Cause dismissed for want […]
STATE v. JONES, 119 Ohio St.3d 1407 (2008)
2008-Ohio-3880 State v. Jones. No. 2008-0785.Supreme Court of Ohio. August 6, 2008. Cuyahoga App. No. 89499, 2008-Ohio-802. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I. LANZINGER, J., would also accept the appeal on Proposition of Law No. II. MOYER, C.J., and PFEIFER and CUPP, JJ., dissent.
STATE v. DIXON, 105 Ohio St.3d 1438 (2005)
2005-Ohio-540, 822 N.E.2d 810 STATE v. DIXON. No. 2004-1579.Supreme Court of Ohio. Decided February 16, 2005. Richland App. No. 03 CA 75, 2004-Ohio-3940. APPEALS NOT ACCEPTED FOR REVIEW
THOMAS v. FREEMAN, 79 Ohio St.3d 221 (1997)
680 N.E.2d 997 THOMAS ET AL., APPELLANTS, v. FREEMAN, APPELLEE. No. 96-2Supreme Court of Ohio.Submitted March 18, 1997 — Decided July 16, 1997. Page 222 APPEAL from the Court of Appeals for Summit County, No. 17247. On December 23, 1991, appellants, Magnolia and Andrew Thomas (“Thomas”), filed a complaint in the Court of Common Pleas […]
STATE v. WERFEL, 117 Ohio St.3d 1407 (2008)
2008-Ohio-565 State v. Werfel. No. 2007-2095.Supreme Court of Ohio. February 20, 2008. Lake App. No. 2006-L-163, 2007-Ohio-5198. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. WAITERS v. SZABO, 2010-2067 (6-29-2011)
2011-Ohio-3175 State ex rel. Waiters v. Szabo, Slip Opinion No. 2011-Ohio-3088. No. 2010-2067.Supreme Court of Ohio. June 29, 2011. MERIT DECISION WITH OPINION Cuyahoga App. No. 94599, 2010-Ohio-5249. Judgment of the court of appeals affirmed. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur. Page 1
DUHART v. MOHR, 84 Ohio St.3d 1427 (1998)
702 N.E.2d 902 Duhart v. Mohr. No. 98-2247.Supreme Court of Ohio. December 9, 1998. In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
CINCINNATI v. SU, 128 Ohio St.3d 1517 (2011)
2011-Ohio-2686, 948 N.E.2d 452 Cincinnati v. Su. No. 2011-0108.Supreme Court of Ohio. June 8, 2011. Reconsideration of Prior Decisions. On motion for reconsideration. Motion denied. LUNDBERG STRATTON, J., dissents.
DISCIPLINARY CASES, 103 Ohio St.3d 1415 (2004)
2004-Ohio-4336, 813 N.E.2d 898Supreme Court of Ohio. Case Announcements and Administrative Actions, August 19, 2004. DISCIPLINARY CASES 1996-1433. Cleveland Bar Assn. v. Rea. On March 26, 1997, this court indefinitely suspended respondent, Rebecca Rea. This cause came on for further consideration upon the filing of a petition for reinstatement by respondent on June 22, 2004. […]
GOODRICH, ADMR. v. ANDERSON, 136 Ohio St. 509 (1940)
26 N.E.2d 1016 GOODRICH, ADMR., APPELLANT v. ANDERSON, APPELLEE. No. 27890Supreme Court of Ohio. Decided April 24, 1940. Fiduciaries — Proceedings to discover concealed or embezzled assets of estate — Section 10506-67 et seq., General Code — Not substitute for civil action to recover judgment for money owing — Court to dismiss complaint where defendant […]
MORGENSTERN v. AUSTIN, 170 Ohio St. 113 (1959)
162 N.E.2d 849 MORGENSTERN, APPELLEE v. AUSTIN, APPELLANT. No. 35960Supreme Court of Ohio. Decided December 2, 1959. Pleading — Objection that petition insufficient — Not waived by not demurring — Question raised by motion for directed verdict — Whether cause of action pleaded or proved — Action predicated on attractive nuisance — Doctrine repudiated in […]
PICKETT v. OHIO FARMERS INS. CO., 98 Ohio St.3d 1201 (2002)
781 N.E.2d 217 Pickett et al., Appellants, v. Ohio Farmers Insurance Company, Appellee. No. 2002-0361Supreme Court of Ohio. Page 1202 Submitted December 4, 2002. Decided December 23, 2002. Appeal from the Court of Appeals for Stark County, No. 2001CA00236 2002-Ohio-259. {¶ 1} Although this cause was accepted for review and held for the decision in […]
STATE v. JACKS, 83 Ohio St.3d 1412 (1998)
698 N.E.2d 437 State v. Jacks. 98-1453.Supreme Court of Ohio. August 26, 1998 Appeal from the Licking App. No. 95CA157. On motion for leave to file delayed appeal. Motion denied.
JURISDICTIONAL MOTIONS OVERRULED, 69 Ohio St.3d 1416 (1994)
630 N.E.2d 374Supreme Court of Ohio. 1994. JURISDICTIONAL MOTIONS OVERRULED Wednesday, April 13, 1994 93-2566. Dean Bailey Trust v. D-L Investors. Lucas County, No. L-92-374. DOUGLAS, J., dissents. 93-2571. Modic v. Modic. Cuyahoga County, No. 63657. 93-2574. Lopane v. Akron City Hosp. Summit County, No. 16157. RESNICK and PFEIFER, JJ., dissent. 94-84. State ex rel. […]
STATE EX REL. MILLER v. ARMSTRONG AIR CONDITIONING, 90 Ohio St.3d 434 (2000)
739 N.E.2d 329 The State ex rel. Miller, Appellee, v. Armstrong Air Conditioning et al.; Industrial Commission of Ohio, Appellant. No. 99-772.Supreme Court of Ohio.Submitted October 10, 2000. Decided December 27, 2000. Appeal from the Court of Appeals for Franklin County, No. 98AP-221. Appellee-claimant, Ernest L. Miller, severely hurt his right foot in a 1994 […]
RECONSIDERATION OF PRIOR DECISIONS, 98 Ohio St.3d 1541 (2003)
786 N.E.2d 902Supreme Court of Ohio. 2003. RECONSIDERATION OF PRIOR DECISIONS Case Announcements and Administrative Actions April 23, 20032002-1673. State ex rel. White v. Ohio Adult Parole Auth. Allen App. No. 1-02-60. Reported at 98 Ohio St.3d 290,2003-Ohio-773, 783 N.E.2d 900. On motion for reconsideration. Motion denied. 2002-2001. State v. McCullough. Fayette App. No. CA2001-10-015, […]
STATE v. BAILEY, 128 Ohio St.3d 1500 (2011)
2011-Ohio-2420, 947 N.E.2d 683 State v. Bailey. No. 2011-0318.Supreme Court of Ohio. May 25, 2011. Cuyahoga App. Nos. 94083 and 94084, 2010-Ohio-6155. Appeals not Accepted for Review.
STATE, EX REL. LEE v. BELLEFONTAINE BD. OF EDN., 17 Ohio St.3d 124 (1985)
477 N.E.2d 1135 THE STATE, EX REL. LEE, APPELLANT, v. BELLEFONTAINE CITY BOARD OF EDUCATION, APPELLEE. No. 84-1255Supreme Court of Ohio. Decided May 22, 1985. Schools — Teacher eligible for continuing contract — Procedure followed by superintendent defective — Written notice required — R.C. 3319.11, construed. O.Jur 2d Schools § 124. Where a teacher who […]
STATE v. BOUNTHISAVATH, 114 Ohio St.3d 1483 (2007)
2007-Ohio-3699 State v. Bounthisavath. No. 2007-0764.Supreme Court of Ohio. July 25, 2007. Appeal from the Lake App. No. 2006-L-160, 2007-Ohio-1064. Appeals Not Accepted for Review
MISCELLANEOUS DISMISSALS, 61 Ohio St.3d 1437 (1991)
576 N.E.2d 805-806Supreme Court of Ohio. 1991. MISCELLANEOUS DISMISSIALS Thursday, August 29, 1991 91-646. State, ex rel. Ciccolelli, v. Medina. Mahoning County, No. 90 C.A. 162. Sua sponte, cause dismissed for want of prosecution, effective August 27, 1991.
STATE v. McGLAUGHLIN, Unpublished Decision (4-7-1999)
State v. McGlaughlin. No. 98-2724.Supreme Court of Ohio. Decided April 7, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] On Appeal from Summit App. No. 19019.
JEFFERSON v. CREVELING, 122 Ohio St.3d 1481 (2009)
2009-Ohio-3625 Jefferson v. Creveling. No. 2009-0815.Supreme Court of Ohio. July 29, 2009. Summit App. No. 24206, 2009-Ohio-1214. APPEALS NOT ACCEPTED FOR REVIEW.
SHERLOCK v. STROUSS-H. CO., 132 Ohio St. 35 (1936)
4 N.E.2d 912 SHERLOCK, APPELLEE v. THE STROUSS-HIRSHBERG CO., APPELLANT. No. 25956Supreme Court of Ohio. Decided November 18, 1936. Negligence — Storekeeper to keep storeroom in reasonably safe condition — Rea ipsa loquitur a rule of evidence and not of liability — Rule inapplicable where customer stumbled over sewing-stool in aisle, when — Proof necessary […]
VILLAGE v. GENERAL MOTORS CORP., 15 Ohio St.3d 129 (1984)
472 N.E.2d 1079 VILLAGE, APPELLANT, v. GENERAL MOTORS CORPORATION, G.M.A.D., ET AL., APPELLEES. No. 84-222Supreme Court of Ohio. Decided December 31, 1984. Workers’ compensation — Injury which develops gradually over time is compensable, when — R.C. 4123.01(C), construed. Page 130 O.Jur 2d Workmen’s Compensation §§ 54, 58, 102. An injury which develops gradually over time […]
J.C. PENNY CO. v. ROBINSON, 128 Ohio St. 626 (1934)
193 N.E. 401 THE J.C. PENNY CO., INC. v. ROBISON. No. 24727Supreme Court of Ohio. Decided November 21, 1934. Negligence — Customer slipped and fell on storeroom floor — Duty to exercise ordinary care to keep storeroom reasonably safe — Not negligence per se to oil floor — Storekeeper to exercise ordinary care in oiling […]
GANLEY v. SUBARU, 120 Ohio St.3d 1455 (2008)
2008-Ohio-6813 Ganley v. Subaru of Am. No. 2008-1756.Supreme Court of Ohio. December 31, 2008. Medina App. No. 07CA0092-M, 2008-Ohio-3588. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal not accepted. PFEIFER, J., dissents. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. III. Page 1456 O’CONNOR, J., not participating. Motion for admission pro […]
JOHNSON v. MUNTHER, 107 Ohio St.3d 1425 (2005)
2005-Ohio-6124 Johnson v. Munther. 2005-1584.Supreme Court of Ohio. November 23, 2005. Richland App. No. 04-CA-99, 2005-Ohio-3641. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and RESNICK, J., dissent.
BOAT SERVICE, INC. v. CLEVELAND, 165 Ohio St. 429 (1956)
136 N.E.2d 274 CLEVELAND BOAT SERVICE, INC., APPELLANT v. CITY OF CLEVELAND, APPELLEE. No. 34702Supreme Court of Ohio. Decided July 11, 1956. Real property abutting Lake Erie — Property subject to lease — Construction of roadway thereon by owner — Suit by lessee for damages — Elements of damage — Charge to jury — Excessive […]
DISCIPLINARY COUNSEL v. BENNETT, 2009-1100 (2-4-2010)
2010-Ohio-352 Disciplinary Counsel v. Bennett, Slip Opinion No. 2009-Ohio-313. No. 2009-1100.Supreme Court of Ohio. February 4, 2010. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-037. Clyde Bennett II, Attorney Registration No. 0059910, is indefinitely suspended from the practice of law in Ohio, with credit for […]
HOWARD v. MIAMI TWP. FIRE DIV., 114 Ohio St.3d 1507 (2007)
2007-Ohio-4285 Howard v. Miami Twp. Fire Div. No. 2007-0873.Supreme Court of Ohio. August 29, 2007. Montgomery App. No. 21478, 171 Ohio App.3d 184, 2007-Ohio-1508, Appeals Accepted for Review MOYER, C.J., PFEIFER and LANZINGER, JJ., dissent.
STATE v. WERE, 118 Ohio St.3d 448 (2008)
2008-Ohio-2762 THE STATE OF OHIO, APPELLEE, v. WERE, APPELLANT. No. 2006-1578.Supreme Court of Ohio.Submitted February 26, 2008. Decided June 17, 2008. APPEAL from the Court of Appeals for Hamilton County, No. C-030485, 2006-Ohio-3511. PFEIFER, J. {¶ 1} In April 1993, inmates rioted at the Southern Ohio Correctional Facility (“SOCF”) in Lucasville, Ohio. During the riot, […]
CUYAHOGA CTY. BAR ASSN. v. LAZZARO, Unpublished Decision (11-17-2006)
2006-Ohio-6038 Cuyahoga Cty. Bar Assn. v. Lazzaro. No. 2005-0367.Supreme Court of Ohio. November 17, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] DISCIPLINARY CASES On application for reinstatement of Charles Blaise Lazzaro, Attorney Registration No. 0022281. Application granted and respondent reinstated to the practice of law Ohio.
STATE v. BOSTIC, 121 Ohio St.3d 1442 (2009)
2009-Ohio-1638 State v. Bostic. No. 2009-0080.Supreme Court of Ohio. April 8, 2009. Hamilton App. No. C-070721. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. ROHDES, 23 Ohio St.3d 225 (1986)
492 N.E.2d 430 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. ROHDES, APPELLEE AND CROSS-APPELLANT. No. 85-1167Supreme Court of Ohio. Decided May 7, 1986. Criminal law — Offense may be lesser included offense of another offense, when — Evidence — Excited utterance containing declarant’s appraisal of criminal incident admissible, when — Evid. R. 701, construed. […]
CLEVELAND BAR ASSN. v. HERRON., 108 Ohio St.3d 1497 (2006)
2006-Ohio-1214, 844 N.E.2d 352 Cleveland Bar Assn. v. Herron. No. 2004-1418.Supreme Court of Ohio. March 17, 2006. DISCIPLINARY CASES On August 25, 2004, the Board of Commissioners on Grievances and filed a final report in the office of the Clerk of this court pursuant to BCGD Proc.Reg. 11(D), in which it accepted the agreement entered […]
DISCRETIONARY APPEALS NOT ALLOWED, 74 Ohio St.3d 1512 (1996)
659 N.E.2d 1284-1290Supreme Court of Ohio. 1996. DISCRETIONARY APPEALS NOT ALLOWED Wednesday, January 31, 1996 95-1546. State v. Barr. Madison County, No. CA94-06-025. 95-1912. Hill v. B.F. Goodrich Co. Marion County, No. 9-94-59. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent. 95-1913. Musson v. Musson. Hardin County, No. 6-95-1. 95-1916. State v. Greer. Jackson County, No. […]
OWENS v. BRUNNER, 125 Ohio St.3d 130 (2010)
2010-Ohio-1374 THE STATE EX REL. OWENS v. BRUNNER, SECY, OF STATE, ET AL. Page 131 No. 2010-0481.Supreme Court of Ohio.Submitted March 29, 2010. Decided March 31, 2010. IN MANDAMUS Per Curiam. {¶ 1} This is an expedited election action for a writ of mandamus to compel the certification of relator as a candidate for the […]
HOLDEMAN v. EPPERSON, Unpublished Decision (12-13-2006)
2006-Ohio-6209 Holdeman v. Epperson. No. 2005-1642.Supreme Court of Ohio. December 13, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Clark App. No. 2004-CA-49, 2005-Ohio-3750. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O’Connor and Lanzinger, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent.
DISCIPLINARY DOCKET, 82 Ohio St.3d 1486 (1998)
697 N.E.2d 222Supreme Court of Ohio. 1998. DISCIPLINARY DOCKET Monday, July 27, 199898-378. Cincinnati Bar Assn. v. Haas. Upon consideration of respondent’s motion to supplement record, IT IS ORDERED by the court that the motion to supplement record be, and hereby is, granted, and respondent shall file the supplemental documents within seven days of the […]
MOUSER v. PUB. UTIL. COMM., 124 Ohio St. 425 (1931)
179 N.E. 133 MOUSER v. PUBLIC UTILITIES COMMISSION OF OHIO. ROGERS v. PUBLIC UTILITIES COMMISSION OF OHIO. MOORE v. PUBLIC UTILITIES COMMISSION OF OHIO. No. 23056Supreme Court of Ohio. Decided December 9, 1931. Public Utilities Commission — Contempt for refusing to answer claimed self-incriminating question — Immunity afforded witness by statute — Sections 553, 614-6 […]
MISCELLANEOUS DOCKET, 91 Ohio St.3d 1420 (2001)
741 N.E.2d 145Supreme Court of Ohio. 2001. MISCELLANEOUS DOCKETIn re Daries Sherrills. On November 12, 1996, we ordered that the Clerk of this court shall not accept for filing any additional, original actions from Daries Sherrills, unless accompanied by the docket fee and security deposit required by S.Ct.Prac.R. XV. Sherrills v. Fuerst (1996), 77 Ohio […]
MOTION DOCKET, 42 Ohio St.3d 710 (1989)
538 N.E.2d 118-124Supreme Court of Ohio. 1989. MOTION DOCKET Wednesday, April 19, 1989 86-642. State v. Beuke. Hamilton County, No. C-830829. On motion to set execution date. Motion granted. Wright, J., dissents. 86-1976. State v. Bedford. Hamilton County, No. C-840850. On motion to set execution date. Motion granted. Wright, J., dissents. 88-1410. Central Trust Co. […]
ITT CANTEEN CORP. v. PORTERFIELD, 30 Ohio St.2d 155 (1972)
283 N.E.2d 124 ITT CANTEEN CORP., APPELLANT, v. PORTERFIELD, TAX COMMR., APPELLEE. No. 71-686Supreme Court of Ohio. Decided May 17, 1972. Taxation — Cigarette excise tax — R.C. 5743.02 et seq. — Part of sales price — Sales tax — R.C. 5739.01(H) — Application for reimbursement — Refund denied. The cigarette excise taxes levied by […]
SCHADE v. CARNEGIE BODY CO., 70 Ohio St.2d 207 (1982)
436 N.E.2d 1001 SCHADE ET AL., APPELLEES, v. CARNEGIE BODY CO. ET AL.; BRADEN, APPELLANT. No. 81-729Supreme Court of Ohio. Decided June 23, 1982. Negligence — Motor vehicles — Defense of contributory negligence — Jury instruction — Failure to object to — Consistency with other instructions. 1. When a party fails to object to the […]
MOTION PROCEDURAL RULINGS, Unpublished Decision (10-13-2004)
2004-Ohio-5405Supreme Court of Ohio. Case Announcements and Administrative Actions, October 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MOTION AND PROCEDURAL RULINGS 1999-1268. State v. Cassano. Richland C.P. No. 98-CR-171H. On application for reopening under S.Ct.Prac.R. XI(6). Motion denied because the appellant failed to comply with the 90-day filing […]
REHEARING DOCKET, 67 Ohio St.3d 1457 (1993)
619 N.E.2d 418-426Supreme Court of Ohio. 1993. REHEARING DOCKET Wednesday, September 22, 1993 91-64. State v. Ford. Lorain County, No. 90CA004801. Reported at 58 Ohio St.3d 713, 570 N.E.2d 278. On motion for rehearing. Rehearing denied. F.E. SWEENEY, J., not participating. 91-2025. Hartt v. Munobe. Franklin County, No. 90AP-572. Reported at 67 Ohio St.3d 3, […]
STATE EX REL. REITZ v. O’BRIEN, 105 Ohio St.3d 1461 (2005)
2005-Ohio-1024 State ex rel. Reitz v. O’Brien. 2005-0055.Supreme Court of Ohio. March 16, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur. Page 1462
GOEHRING v. DILLARD, 145 Ohio St. 41 (1945)
60 N.E.2d 704 GOEHRING, APPELLEE v. DILLARD, A MINOR; DILLARD, ADMR., APPELLANT. No. 30060Supreme Court of Ohio. Decided April 4, 1945. Executors and administrators — Presentation of claims in writing — Section 10509-112, General Code — Not necessary to present properly revived action against deceased defendant — Deposition of such defendant may be read in […]
DISCRETIONARY APPEALS NOT ALLOWED, 77 Ohio St.3d 1491 (1996)
673 N.E.2d 133 — 150Supreme Court of Ohio. 1996. DISCRETIONARY APPEALS NOT ALLOWED Friday, December 20, 199696-1794. Short v. Celestino. Lucas App. No. L-95-251. MOYER, C.J., and COOK, J., dissent and would hold this cause for the decision in 96-764, Holt v. Grange Mut. Cas. Co., Butler App. No. CA95-11-192. RESNICK, J., not participating. 96-1795. […]
STATE v. HAINES, 108 Ohio St.3d 1476 (2006)
2006-Ohio-665, 842 N.E.2d 1054 State v. Haines. 2005-2268.Supreme Court of Ohio. February 22, 2006. Franklin App. Nos. 05AP-55 and 05AP-56, 2005-Ohio-5707 APPEALS NOT ACCEPTED FOR REVIEW
HUGHES v. OHIO DEPT. OF COMMERCE, 2006-0107 (6-27-2007)
2007-Ohio-2905 Hughes v. Ohio Dept. of Commerce, 2007-Ohio-2877. No. 2006-0107.Supreme Court of Ohio. June 27, 2007. MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-1386, 2005-Ohio-6368. Judgment reversed and cause dismissed. Moyer, C.J., Lundberg Stratton, O’Connor and Lanzinger, JJ., concur. Pfeifer, J., concurs in part and dissents in part. O’Donnell and Cupp, JJ., dissent. Page 1
STATE v. CRACE, 108 Ohio St.3d 1482 (2006)
2006-Ohio-884, 843 N.E.2d 191 State v. Crace. No. 2005-2122.Supreme Court of Ohio. February 28, 2006. Ross App. No. 04CA2801, 2005-Ohio-5274. 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 […]