2008-Ohio-6166 Short v. Shelly Sands, Inc. No. 2008-1408.Supreme Court of Ohio. December 3, 2008. Muskingum App. No. CT2007-0030, 2008-Ohio-2866. APPEALS NOT ACCEPTED FOR REVIEW.
Category: Ohio Supreme Court Opinions
BANK, EXR. v. TENNEY, 165 Ohio St. 513 (1956)
138 N.E.2d 15 THE FIRST NATIONAL BANK OF CINCINNATI, EXR., ET AL., APPELLEES v. TENNEY, APPELLEE; SIMRALL ET AL., APPELLANTS. No. 34558Supreme Court of Ohio. Decided October 31, 1956. Trust inter vivos — Speaks from date of creation — Reservation of income for life and power to revoke — Remainder over vested defeasible interest in […]
MISCELLANEOUS DOCKET, 79 Ohio St.3d 1423 (1997)
680 N.E.2d 154Supreme Court of Ohio. 1997. MISCELLANEOUS DOCKET Wednesday, June 18, 1997 In re Report of the Commission : 1997 TERM on Continuing Legal Education. : Robert James Amsdell (#0033512), Respondent. : ENTRY This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the “commission”) […]
IN RE BURRELL, 58 Ohio St.2d 37 (1979)
388 N.E.2d 738 IN RE BURRELL ET AL., ALLEGED DEPENDENT MINORS. No. 78-1036Supreme Court of Ohio. Decided April 25, 1979. Juvenile Court — Dependent child — Finding not warranted, when — R.C. 2151.04 applied erroneously. APPEAL from the Court of Appeals for Franklin County. On October 9, 1977, the Franklin County Children Services Board filed […]
APPLETON PAPERS, INC. v. ALLIS-CHALMERS CORP., 61 Ohio St.3d 160 (1991)
573 N.E.2d 1068 APPLETON PAPERS, INC., APPELLANT, v. ALLIS-CHALMERS CORPORATION ET AL., APPELLEES. No. 90-1484Supreme Court of Ohio.Submitted April 23, 1991 — Decided July 24, 1991. APPEAL from the Court of Appeals for Montgomery County, No. CA 11866. Pickrel, Schaeffer Ebeling and William L. Havemann, for appellant. Jenks, Surdyk Cowdrey and Thomas L. Czechowski, for […]
MUNDT v. STATE, 123 Ohio St.3d 1508 (2009)
2009-Ohio-6210 Mundt v. State. No. 2009-1725.Supreme Court of Ohio. December 2, 2009. Richland App. No. 2008CA0263, 2009-Ohio-4056. Appeals Accepted for Review. Discretionary appeal accepted; cause held for the decision in 2008-2502, State v. Bodyke, Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed.
STATE EX REL. HOWARD v. COURT OF COMMON PLEAS, 84 Ohio St.3d 1481 (1999)
705 N.E.2d 363 State ex rel. Howard v. Cuyahoga City Court of Common Pleas. No. 98-2540.Supreme Court of Ohio. February 3, 1999. In Mandamus. 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.
MYERS v. TRAVELERS INS. CO., 14 Ohio St.2d 76 (1968)
236 N.E.2d 209 MYERS, APPELLANT v. TRAVELERS INS. CO., APPELLEE. No. 40708Supreme Court of Ohio. Decided April 17, 1968. Summary judgment — Insurer entitled to, when — Group policy — Action by insured claiming “wholly disabled” benefits — Claimant engaged in remunerative employment. A summary judgment for the insurer is proper where the insured claims […]
STATE v. CRUM, 109 Ohio St.3d 1457 (2006)
2006-Ohio-2226, 847 N.E.2d 6 STATE v. CRUM. 2006-0282.Supreme Court of Ohio. May 10, 2006. Stark App. No. 2005CA00024, 2005-Ohio-7037. APPEALS NOT ACCEPTED FOR REVIEW
OSAGE COAL SALES CORP. v. HEINER, 136 Ohio St. 476 (1940)
26 N.E.2d 586 THE OSAGE COAL SALES CORP., APPELLEE v. HEINER, SR., ET AL., D. B. A. BUCKEYE COAL COKE CO., APPELLANTS. No. 28074Supreme Court of Ohio. Decided March 20, 1940. Supreme Court — Dismissa1 — No debatable constitutional question involved — Contracts — Action to recover purchase price of coal — Agreentent between vendee […]
OFFICE OF DISCIPLINARY COUNSEL v. KELLEY, 93 Ohio St.3d 409 (2001)
755 N.E.2d 338 Office of Disciplinary Counsel v. Kelley. No. 01-746.Supreme Court of Ohio.Submitted July 17, 2001. Decided September 26, 2001. Page 410 On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 99-76. COOK, J. On December 6, 1999, relator, Office of Disciplinary Counsel, filed a five-count […]
STATE v. RAGLIN, 83 Ohio St.3d 1465 (1998)
700 N.E.2d 1290 State v. Raglin. 96-2872.Supreme Court of Ohio. October 27, 1998 MOTION DOCKET Appeal from the Hamilton C.P. No. B96000135. Upon consideration of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the timely filing of a petition for a writ of certiorari in […]
S. CENT. POWER v. PUB. UTIL. COMM., 111 Ohio St.3d 1475 (2006)
2006-Ohio-5751 S. Cent. Power Co. v. Pub. Util. Comm. 2006-1866.Supreme Court of Ohio. November 3, 2006. Public App. No. 05-1057-EL-CSS. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Upon consideration of the parties’ joint motion for stay of proceedings, It is ordered […]
STATE, EX REL. v. S. M. N. RD. CO., 111 Ohio St. 512 (1924)
146 N.E. 58 THE STATE, EX REL. CRABBE, ATTY. GENL. v. THE SANDUSKY, MANSFIELD NEWARK RD. CO. ET AL. No. 18072.Supreme Court of Ohio. Decided December 23, 1924. Dedication for public purposes — Misuse or diversion not established, when — Use of slips to water for streets — Construction of railroad tracks over streets and […]
ADMINISTRATIVE ACTIONS, 95 Ohio St.3d 1441 (2002)
767 N.E.2d 273Supreme Court of Ohio. 2002. ADMINISTRATIVE ACTIONS Announcements May 2, 2002. 1. Amendments to Gov.Bar R. VI and XX (registration of inactive and retired attorneys) were adopted.
MISCELLANEOUS DISMISSALS, 62 Ohio St.3d 1474 (1991)
581 N.E.2d 1096-1100Supreme Court of Ohio. 1991. MISCELLANEOUS DISMISSIALS Friday, December 6, 1991 91-2280. Werner v. Cincinnati Ins. Co. Franklin County, No. 90AP-1017. Cause dismissed, on joint application for dismissal, effective December 3, 1991.
BOOKER v. ANDERSON, 100 Ohio St.3d 355 (2003)
2003-Ohio-6452, 800 N.E.2d 28 Booker, Appellant, v. Anderson, Warden, Appellee. No. 2003-1521.Supreme Court of Ohio.Submitted November 19, 2003. Decided December 24, 2003. Appeal from the Court of Appeals for Lorain County, No. 03CA008279. PER CURIAM. {¶ 1} In October 1991, appellant, Kenneth Booker, was convicted of multiple counts of rape and gross sexual imposition and […]
STATE EX REL. MORGAN v. SCHMITT, 106 Ohio St.3d 1528 (2005)
2005-Ohio-5146 State ex rel. Morgan v. Schmitt. 2005-1453.Supreme Court of Ohio. October 5, 2005. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.
DISCIPLINARY COUNSEL v. BUBNA, 116 Ohio St.3d 294 (2007)
2007-Ohio-6436 DISCIPLINARY COUNSEL v. BUBNA. No. 2007-1115.Supreme Court of Ohio.Submitted September 12, 2007. Decided December 12, 2007. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 06-095. Per Curiam. {¶ 1} Respondent, Walter Peter Bubna of Parma, Ohio, Attorney Registration No. 0017928, was admitted to the practice […]
STATE v. SHELLY, 83 Ohio St.3d 168 (1998)
699 N.E.2d 55 THE STATE OF OHIO, APPELLEE, v. SHELLY, APPELLANT. No. 98-598Supreme Court of Ohio.Submitted August 19, 1998. Decided September 23, 1998. CERTIFIED by the Court of Appeals for Medina County, No. 2676-M. Mentzer, Vuillemin Mygrant, Ltd., and Donald J. Malarcik, Jr., for appellant. The judgment of the court of appeals is affirmed on […]
DISCRETIONARY APPEALS ALLOWED, 74 Ohio St.3d 1463 (1995)
656 N.E.2d 1296-1300Supreme Court of Ohio. 1995. DISCRETIONARY APPEALS ALLOWED Wednesday, November 22, 1995 95-1600. Morey v. Cincinnati Ins. Co. Warren County, No. CA94-08-075. Sua sponte, cause held for the decision in 94-2765 Girgis v. State Farm Mut. Auto. Ins. Co., Cuyahoga County, No. 66970; briefing schedule stayed. RESNICK and F.E. SWEENEY, JJ., dissent. 95-1627. […]
DAYTON BAR ASSN. v. GERREN, Unpublished Decision (9-12-2006)
2006-Ohio-4568 Dayton Bar Assn. v. Gerren, 2006-Ohio-4482. No. 2006-0442.Supreme Court of Ohio. September 12, 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. 05-048. Nicholas L. Gerren Jr., Attorney Registration No. 0032341, is suspended […]
STATE v. COLEMAN, 37 Ohio St.3d 286 (1988)
525 N.E.2d 792 THE STATE OF OHIO, APPELLEE, v. COLEMAN, APPELLANT. No. 87-192Supreme Court of Ohio.Submitted May 10, 1988 — Decided July 6, 1988. Criminal law — Aggravated murder — Death penalty upheld, when — Complicity — R.C. 2923.03 — Inference of purpose to kill by aiding a crime is nonconclusive — Evidence — Other […]
STATE v. HAMILTON, 124 Ohio St.3d 1413 (2009)
2009-Ohio-6816 State v. Hamilton. No. 2009-1958.Supreme Court of Ohio. December 30, 2009. Montgomery App. No. 22895, 2009-Ohio-4602. 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 at of the court of appeals’ Decision and Entry filed October 18, […]
PENGELLY v. THOMAS, 151 Ohio St. 51 (1949)
84 N.E.2d 265 PENGELLY, APPELLEE v. THOMAS, ALIAS GODDARD, ET AL., APPELLANTS. No. 31483Supreme Court of Ohio. Decided February 16, 1949. Executors and administrators — Constructive fraud not involved, when — Executrix not widow of testator, as represented to Probate Court — Six-year limitation of action applies — Section 11222, General Code — Lawful widow’s […]
CASSARLIE v. SHELL OIL CO., 117 Ohio St.3d 1474 (2008)
2008-Ohio-1841 Cassarlie v. Shell Oil Co. No. 2007-1408.Supreme Court of Ohio. April 23, 2008. Cuyahoga App. No. 88361, 2007-Ohio-2633. MOTION AND PROCEDURAL RULINGS. On motion for admission pro hac vice of Thomas R. Phillips and David M. Rodi by Thomas R. Lucchesi. Motion granted.
TOLEDO v. ROSS, 105 Ohio St.3d 1465 (2005)
2005-Ohio-1024 Toledo v. Ross. 2004-2095.Supreme Court of Ohio. March 16, 2005. Lucas App. No. L-03-1181, 2004-Ohio-5900. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents. O’DONNELL, J., dissents and would accept on Proposition of Law I. LANZINGER, J., not participating.
CARROTHERS v. HUNTER, 23 Ohio St.2d 99 (1970)
262 N.E.2d 867 CARROTHERS, APPELLEE, v. HUNTER, APPELLANT. No. 69-677Supreme Court of Ohio. Decided September 23, 1970. Charge to jury — Court not “induced” to give certain charge, when — Error of commission in charge — Failure to object thereto not waiver of error — Such error proper ground for appeal — Negligence — Motor […]
STATE EX REL. CROOKS v. CORBIN, 129 Ohio St.3d 1464 (2011)
2011-Ohio-4495, 952 N.E.2d 1150 State ex rel. Crooks v. Corbin. No. 2011-1126.Supreme Court of Ohio. September 8, 2011. Clermont App. No. CA2011-04-027. Miscellaneous Dismissals. This cause is pending before the court as an appeal from the Court of Appeals for Clermont County. Upon consideration of appellant’s application for dismissal, it is ordered by the court […]
PEFFER v. CLEVELAND CLINIC, 120 Ohio St.3d 1508 (2009)
2009-Ohio-361 Peffer v. Cleveland Clinic Found. No. 2008-2075.Supreme Court of Ohio. February 4, 2009. Cuyahoga App. No. 90194, 177 Ohio App.3d 403, 2008-Ohio-3688. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBEEG STRATTON and O’CONNOR, JJ., dissent. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. I.
MERIT DOCKET, 74 Ohio St.3d 1461 (1995)
656 N.E.2d 1296-1300Supreme Court of Ohio. 1995. MERIT DOCKET Wednesday, November 22, 1995 95-1941. State ex rel. Kilpatrick v. Ingraham. In Prohibition. On amended complaint and motion for stay. Sua sponte, leave to file the amended complaint is granted, and the amended complaint is dismissed. Motion for stay denied. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. […]
STATE v. HASHMALL, 164 Ohio St. 170 (1955)
128 N.E.2d 1 THE STATE OF OHIO, APPELLEE v. HASHMALL, APPELLANT No. 33668Supreme Court of Ohio. Decided July 27, 1955. Courts — Jurisdiction — Judicial process fixed by Constitution and statutes — Application to expunge from opinion of Supreme Court — Parties applicant — Common Pleas Court judge without right to file — Trial judge […]
STATE v. WRIGHT, 120 Ohio St.3d 1489 (2009)
2009-Ohio-278 State v. Wright. No. 2008-1856.Supreme Court of Ohio. January 28, 2009. Cuyahoga App. No. 90439, 2008-Ohio-3678. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. WILSON, 109 Ohio St.3d 1481 (2006)
2006-Ohio-2466, 847 N.E.2d 1226 STATE v. WILSON. 2006-0347.Supreme Court of Ohio. May 24, 2006. Clinton App. No. CA2005-11-026. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. COLLINS, 117 Ohio St.3d 1440 (2008)
2008-Ohio-1279 State v. Collins. No. 2007-2277.Supreme Court of Ohio. March 26, 2008. Summit App. No. 23662, 2007-Ohio-5674. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. PEDERI, 117 Ohio St.3d 1480 (2008)
2008-Ohio-1841 State v. Pederi. No. 2008-0225.Supreme Court of Ohio. April 23, 2008. Hamilton App. No. C-070002. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. FRAZER, 117 Ohio St.3d 1437 (2008)
2008-Ohio-1279 State v. Frazer. No. 2008-0290.Supreme Court of Ohio. March 26, 2008. Cuyahoga App. No. 89097, 2007-Ohio-5954. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion granted. O’CONNOR, LANZINGER, and CUPP, JJ., dissent.
STATE v. SCHLATTER, 108 Ohio St.3d 1470 (2006)
2006-Ohio-665, 842 N.E.2d 1051 State v. Schlatter. 2006-0059.Supreme Court of Ohio. February 22, 2006. Paulding App. No. 11-05-05, 2005-Ohio-5041. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ., dissent.
DEPEW v. OGELLA, 69 Ohio St.3d 610 (1994)
635 N.E.2d 310 DEPEW ET AL., APPELLANTS, v. OGELLA, APPELLEE. No. 94-742Supreme Court of Ohio.Submitted June 15, 1994 — Decided July 27, 1994. APPEAL from the Court of Appeals for Medina County, No. 2220-M. Laybourne, Smith, Gore Goldsmith, A. Russell Smith, Robert B. Laybourne and Joy S. Wagner, for appellants. Buckingham, Doolittle Burroughs Co., L.P.A., […]
STATE EX REL. BRAY v. RUSSELL, 87 Ohio St.3d 1411 (1999)
717 N.E.2d 344 State ex rel. Bray v. Russell. No. 98-2694.Supreme Court of Ohio. October 5, 1999. Warren App. No. CA98-06-068. By sua sponte orders this court consolidated Supreme Court case Nos. 98-2694, State ex rel. Bray v. Russell; 99-273, Haddad v. Russell; and 99-542, White v. Konteh. These cases have been set for oral […]
STATE EX REL. RITTNER v. WARDEN, 106 Ohio St.3d 1500 (2005)
2005-Ohio-4608, 834 N.E.2d 822, 833 N.E.2d 1243 State ex rel. Rittner v. Williams, Warden. No. 2005-1172.Supreme Court of Ohio. September 6, 2005. Allen App. No. 1-05-22. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Allen County. It appears from the records of this court that […]
MOTION AND PROCEDURAL RULINGS, 95 Ohio St.3d 1434 (2002)
766 N.E.2d 1000Supreme Court of Ohio. 2002. MOTION AND PROCEDURAL RULINGS Announcements April 26, 20021987. State v. Coleman. Hamilton App. No. C-850340. Upon consideration of appellant’s motion for an order to show cause and/or order granting relief, including emergency relief, IT IS ORDERED by the court that the motion be, and hereby is, denied, effective […]
MOTION DOCKET, 94 Ohio St.3d 1407 (2001)
759 N.E.2d 785Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Wednesday December 19, 200197-737. State v. Coleman. Clark C.P. No. 96CR0142. On motion requesting leave to file sealed motion. Motion denied. MOYER, C.J., dissents. 98-1475. State v. Hartman. Summit C.P. No. CR97091987. On motion for appointment of counsel for preparation of review pursuant to S.Ct.Prac.R. […]
HILL v. ALLSTATE INS. CO., 50 Ohio St.3d 243 (1990)
553 N.E.2d 658 HILL, EXECUTRIX OF THE ESTATE OF SHAW, APPELLANT, v. ALLSTATE INSURANCE COMPANY, APPELLEE. No. 88-1740Supreme Court of Ohio.Submitted November 14, 1989 — Decided April 25, 1990. Insurance — Underinsured motorist coverage not available to insured where insured’s policy limits are identical to liability limits in tortfeasor’s insurance coverage — R.C. 3937.18(A)(2), construed […]
STATE, EX REL. GRETICK, v. JEFFREY, 12 Ohio St.3d 55 (1984)
465 N.E.2d 412 THE STATE, EX REL. GRETICK, SPECIAL PROS., v. JEFFREY. No. 81-1795Supreme Court of Ohio. Decided July 3, 1984. Counties — Quo warranto — Alleged incompatibility of office of county commissioner and full-time high school principal — Failure of proof. IN QUO WARRANTO. This is an original action in quo warranto brought by […]
STATE v. LANE, 85 Ohio St.3d 1477 (1999)
709 N.E.2d 849 State v. Lane. No. 99-343.Supreme Court of Ohio. May 12, 1999. Hamilton App. No. C-970776.
AKRON BAR ASSN. v. CHANDLER, 62 Ohio St.3d 471 (1992)
584 N.E.2d 677 AKRON BAR ASSOCIATION v. CHANDLER. No. 91-1765Supreme Court of Ohio.Submitted December 10, 1991 — Decided February 12, 1992. Page 472 ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-45. Respondent James A. Chandler was named in a five-count indictment issued in federal court. […]
GATES v. SPEEDWAY SUPERAMERICA, 121 Ohio St.3d 1410 (2009)
2009-Ohio-805 Gates v. Speedway Superamerica, L.L.C. No. 2008-2303.Supreme Court of Ohio. March 4, 2009. Cuyahoga App. No. 90563, 2008-Ohio-5131. APPEALS NOT ACCEPTED FOR REVIEW.
MERIT DOCKET, 41 Ohio St.3d 713 (1989)
535 N.E.2d 303Supreme Court of Ohio. 1989. MERIT DOCKET Wednesday, February 15, 1989 87-1572. Bowman v. Pub. Util. Comm. Appeal from the Public Utilities Commission of Ohio, No. 83-1328-GA-CSS. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur. 88-1960. State, ex rel. […]
STATE v. McKINNEY, 104 Ohio St.3d 1439 (2004)
2004-Ohio-7033, 819 N.E.2d 1123 State v. McKinney. No. 2004-1500.Supreme Court of Ohio. Decided December 29, 2004. Fairfield App. No. 03CA083, 2004-Ohio-4035. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., STRATTON and O’CONNOR, JJ., dissent.
STATE v. ALBERT, 113 Ohio St.3d 1514 (2007)
2007-Ohio-2208 State v. Albert. No. 2007-0251.Supreme Court of Ohio. May 16, 2007. Franklin App. No. 06AP -439, 2006-Ohio-6902. Appeals Not Accepted for Review
IN RE RESIGNATION OF BARRAGATE, 64 Ohio St.3d 1201 (1992)
591 N.E.2d 1244 IN RE RESIGNATION OF BARRAGATE. No. 92-919Supreme Court of Ohio.Submitted May 19, 1992 — Decided May 21, 1992. The resignation of Phillip A. Barragate as an attorney, Registration No. 0008575, is accepted. MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur. Page 1202
GOWDY v. CUYAHOGA CTY. DEPT. OF CHILDREN, 130 Ohio St.3d 1416 (2011)
2011-Ohio-5605, 956 N.E.2d 308 Gowdy v. Cuyahoga Cty. Dept. of Children Family Servs. No. 2011-1180.Supreme Court of Ohio. November 2, 2011. Cuyahoga App. No. 95956, 2011-Ohio-2156. APPEAL NOT ACCEPTED FOR REVIEW
STATE v. RARDEN, 128 Ohio St.3d 1513 (2011)
2011-Ohio-2686, 948 N.E.2d 450 State v. Rarden. No. 2011-0692.Supreme Court of Ohio. June 8, 2011. Cuyahoga App. No. 94757, 2010-Ohio-6171. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion granted. O’Connor, C.J., and LANZINGER and McGEE BROWN, JJ., dissent.
STARK CTY. BAR ASSN. v. WHITAKER, 32 Ohio St.3d 601 (1987)
512 N.E.2d 1169 STARK COUNTY BAR ASSOCIATION v. WHITAKER. D.D. No. 86-9Supreme Court of Ohio. Decided September 2, 1987. ON PETITION FOR REINSTATEMENT. The petition for reinstatement to the practice of law is granted. Mark A. Whitaker is reinstated to the practice of law in the state of Ohio. (For earlier case, see [1986], 26 […]
McCLAIN v. CUYAHOGA CTY. BD., 122 Ohio St.3d 1510 (2009)
2009-Ohio-4396 State ex rel. McClain v. Cuyahoga Cty. Bd. of Elections. No. 2009-1413.Supreme Court of Ohio. August 27, 2009. In Mandamus. Reported at 122 Ohio St.3d 1495, 2009-Ohio-4145, 911 N.E.2d 910. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.
STATE v. HEFT, 125 Ohio St.3d 1465 (2010)
2010-Ohio-2753 State v. Heft. No. 2010-0743.Supreme Court of Ohio. June 23, 2010. Logan App. No. 8-09-08. Appeals not Accepted for Review.
TOLEDO BAR ASSN. v. MERILLAT, 40 Ohio St.3d 608 (1988)
532 N.E.2d 1314 TOLEDO BAR ASSOCIATION v. MERILLAT. No. D.D. 81-22Supreme Court of Ohio.Submitted December 20, 1988 — Decided December 30, 1988.[*] [*] Reporter’s Note: This cause was decided on December 30, 1988, but was released to the public on January 12, 1989, subsequent to the retirement of Justice Locher, who participated in the decision. […]
MILLER v. LAKEWOOD HOUSING CO., 125 Ohio St. 152 (1932)
180 N.E. 700 MILLER, PROS. ATTY., ET AL. v. THE LAKEWOOD HOUSING CO. ET AL. No. 23049Supreme Court of Ohio. Decided April 6, 1932. Taxation — Tax commission cannot remit interest on delinquent taxes — Section 5624-10, General Code — Interest legal, although delinquent tax list not published by auditor — Publication of delinquent land […]
WARNER v. WOLFE, 176 Ohio St. 389 (1964)
199 N.E.2d 860 WARNER, AN INFANT, APPELLANT v. WOLFE, APPELLEE. No. 38405Supreme Court of Ohio. Decided June 24, 1964. Dogs — Injury caused by — Liability of owner or harborer — Common-law liability not abrogated by statute — Section 955.28, Revised Code. Section 955.28, Revised Code, which imposes a rule of absolute liability upon the […]
IN RE RESIGNATION OF BANKS, 57 Ohio St.3d 609 (1991)
565 N.E.2d 1270 IN RE RESIGNATION OF BANKS. No. 90-2453Supreme Court of Ohio.Submitted January 9, 1991 — Decided January 16, 1991. The resignation of Charles D. Banks as an attorney is accepted. MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.
STATE v. PARKER, 150 Ohio St. 22 (1948)
80 N.E.2d 490 THE STATE OF OHIO, APPELLANT v. PARKER, APPELLEE. No. 31360Supreme Court of Ohio. Decided June 23, 1948. Criminal law — Promoting scheme of chance, for own profit — Section 13064, General Code (120 Ohio Laws, 664) — Not in conflict with Section 6, Article XV, Constitution — Indictment insufficient to state offense […]
DISCIPLINARY COUNSEL v. DROE, 92 Ohio St.3d 16 (2001)
748 N.E.2d 24 Office of Disciplinary Counsel v. Droe. No. 00-2283.Supreme Court of Ohio.Submitted January 31, 2001. Decided May 30, 2001. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 00-70. Per Curiam. In November 1996, we suspended respondent, William G. Droe of Cleveland, Ohio, Attorney Registration […]
STATE v. CARTER, 105 Ohio St.3d 1495 (2005)
2005-Ohio-1666 STATE v. CARTER. No. 2004-1692.Supreme Court of Ohio. April 13, 2005. Stark App. No. 2003-CA-00372, 2004-Ohio-3523. MOTION AND PROCEDURAL RULINGS On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause consolidated with 2004-1324, State v. Carter, Stark App. No. 2003-CA-00372, 2004-Ohio-3523; cause held for the decisions in […]
WESTLAKE LAND v. CUYAHOGA BD. OF REVISION, 86 Ohio St.3d 34 (1999)
711 N.E.2d 229 Westlake Land Co., Appellee, v. Cuyahoga County Board of Revision et al., Appellee; Westlake Board of Education, Appellant. No. 98-2476.Supreme Court of Ohio.Submitted May 26, 1999. Decided June 30, 1999. APPEAL from the Board of Tax Appeals, No. 98-A-482. This cause is now before the court upon an appeal as of right. […]
STATE v. ALMURABITU, 85 Ohio St.3d 1465 (1999)
709 N.E.2d 171 STATE v. ALMURABITU. No. 99-418.Supreme Court of Ohio. April 28, 1999 MOTION DOCKET APPEAL from Lorain App. No. 97CA006693.
STATE EX REL. USHERY v. MYERS, 126 Ohio St.3d 1577 (2010)
2010-Ohio-4542, 934 N.E.2d 351 [State ex rel.] Ushery v. Myers. No. 2010-1267.Supreme Court of Ohio. September 29, 2010. MERIT DECISIONS WITH OPINIONS In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed. Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.
DISMISSALS, SUA SPONTE, 76 Ohio St.3d 1433 (1996)
667 N.E.2d 983-990Supreme Court of Ohio. 1996. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Wednesday, July 31, 1996 96-263. State v. Potter. Stark County, No. 1995CA00027. 96-667. State v. Baker. Cuyahoga County, No. 68888. 96-687. Shamrock Athletic Club v. Ohio Liquor Control Comm Montgomery County, No. 15505. MOYER, C.J., […]
AM. MUN. POWER-OHIO, INC. v. PUB. UTIL. COMM, 84 Ohio St.3d 1431 (1998)
702 N.E.2d 1211 Am. Mun. Power-Ohio, Inc. v. Pub. Util. Comm. No. 97-2571.Supreme Court of Ohio. December 10, 1998. Appeal from Public Utilities Commission, No. 97838-EL-AEC. This cause is pending before the court as an appeal from the Public Utilities Commission of Ohio. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the […]
IN RE M.M., 121 Ohio St.3d 1407 (2009)
2009-Ohio-805 In re M.M. No. 2009-0090.Supreme Court of Ohio. March 4, 2009. Montgomery App. Nos. 22872 and 22873, 2008-Ohio-6236. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted and cause consolidated with 2009-0318, In re MM, Montgomery App. Nos. 22872 and 22873, 2008-Ohio-6236. MOYER, C.J., and O’CONNOR and LANZINGER, JJ., dissent.
STATE v. GEORGE, 45 Ohio St.3d 325 (1989)
544 N.E.2d 640 THE STATE OF OHIO, APPELLANT, v. GEORGE, APPELLEE. No. 88-559Supreme Court of Ohio.Submitted April 5, 1989 — Decided September 27, 1989. Criminal law — Search and seizure — Determining sufficiency of probable cause in affidavit submitted in support of search warrant — Duty of reviewing court in determining sufficiency of probable cause […]
MOTION AND PROCEDURAL RULINGS, 96 Ohio St.3d 1442 (2002)
770 N.E.2d 1051Supreme Court of Ohio. 2002. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions July 5, 20022001-1048. State v. Martello. Ashtabula App. No. 2000-A-0026. This cause is pending before the court as an appeal from the Court of Appeals for Ashtabula County. Upon consideration of appellee’s motion for appointment of counsel, IT IS […]
STATE PESCI v. LUCCI, 115 Ohio St.3d 218 (2007)
2007-Ohio-4795, 874 N.E.2d 774 THE STATE EX REL. PESCI, APPELLANT, v. LUCCI, JUDGE, APPELLEE. No. 2007-0842.Supreme Court of Ohio.Submitted September 12, 2007. Decided September 20, 2007. APPEAL from the Court of Appeals for Lake County, No. 2006-L-112, 2007-Ohio-1547. Per Curiam. {¶ 1} This is an appeal from a judgment denying a writ of prohibition to […]
JAYLIN INVESTMENTS, INC. v. MORELAND HILLS, 107 Ohio St.3d 339 (2006)
839 N.E.2d 903, 2006-Ohio-4 JAYLIN INVESTMENTS, INC., APPELLANT, v. VILLAGE OF MORELAND HILLS, APPELLEE. No. 2004-1145.Supreme Court of Ohio.Submitted June 15, 2005. Decided January 11, 2006. APPEAL from the Court of Appeals for Cuyahoga County, No. 82739, 157 Ohio App.3d 277, 2004-Ohio-2689. LUNDBERG STRATTON, J. {¶ 1} This is an appeal from an action seeking […]
CHESAPEAKE OHIO RY. CO. v. ORNSTEIN, 133 Ohio St. 385 (1938)
13 N.E.2d 909 THE CHESAPEAKE OHIO RY. CO., APPELLEE v. ORNSTEIN ET AL., APPELLANTS. No. 26918Supreme Court of Ohio. Decided March 9, 1938. Supreme Court — Dismissals — No debatable constitutionl question involved — Appropriation of land by railroad — Receiving compensation awarded by jury as waiver of errors in hearing on jurisdictional questions — […]
STATE v. MITCHELL, 86 Ohio St.3d 302 (1999)
714 N.E.2d 925 The State ex rel. Gilmore, Appellant, v. Mitchell, Warden, Appellee. No. 99-766.Supreme Court of Ohio.Submitted July 28, 1999. Decided September 1, 1999. APPEAL from the Court of Appeals for Richland County, No. 99CA13. In 1991, the Mahoning County Court of Common Pleas convicted appellant, Marlon Gilmore, of one count of complicity to […]
WENDEL v. HUGHES, 137 Ohio St. 610 (1941)
31 N.E.2d 855 WENDEL, COUNTY TREAS. v. HUGHES, APPELLANT, ET AL. No. 28459Supreme Court of Ohio. Decided February 5, 1941. Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — From order overruling motion to make party defendant — Dismissed by Court of Appeals — No final order — Due process. APPEAL […]
STATE v. RYAN, 122 Ohio St.3d 1492 (2009)
2009-Ohio-4014 State ex rel. Am. Beverage Co. v. Ryan. No. 2009-1052.Supreme Court of Ohio. August 13, 2009. In Mandamus. MISCELLANEOUS DISMISSALS. 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 […]
HOME SAV. LOAN ASSN. v. BOESCH, 41 Ohio St.2d 115 (1975)
322 N.E.2d 878 HOME SAVINGS LOAN ASSN., APPELLEE, v. BOESCH, SUPT. OF BUILDING AND LOAN ASSNS., ET AL., APPELLANTS. No. 74-162Supreme Court of Ohio. Decided February 12, 1975. Building and loan associations — Application for new branch office — Approval by superintendent, not licensing function — Subject to Administrative Procedure Act. The approval of an […]
STATE EX REL. MORA v. WILKINSON, 105 Ohio St.3d 272 (2005)
2005-Ohio-1509, 824 N.E.2d 1000 THE STATE EX REL. MORA, APPELLANT, v. WILKINSON, DIR., ET AL., APPELLEES. No. 2004-1331.Supreme Court of Ohio.Submitted March 9, 2005. Decided April 13, 2005. Appeal from the Court of Appeals for Wayne County, No. 03-CA-0062. Per Curiam. {¶ 1} In May 1990, a Wayne County jury convicted appellant, Juan Mora, a.k.a. […]
WATKINS v. COLLINS, 110 Ohio St.3d 1477 (2006)
2006-Ohio-4578, 853 N.E.2d 672 WATKINS v. COLLINS. No. 2006-1634.Supreme Court of Ohio. September 7, 2006. In Habeas Corpus. This cause originated in this court on the filing of a petition for a writ of habeas corpus and was considered in a manner prescribed by law. Upon consideration thereof, IT IS ORDERED by the court, sua […]
STATE v. MASSEY, Unpublished Decision (4-19-2006)
2006-Ohio-1872 State v. Massey, 2006-Ohio-1708. No. 2004-1274 and 2004-1689.Supreme Court of Ohio. April 19, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Stark App. No. 2003CA00373, 2004-Ohio-3257. Judgment reversed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., dissents for the reasons […]
MERIT DECISIONS WITH OPINIONS, Unpublished Decision (11-13-2002)
MERIT DECISIONS WITH OPINIONSSupreme Court of Ohio. November 13, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 2001-1732. State v. Latorres, 2002-Ohio-5864. Ashtabula App. Nos. 2000-A-0060 and 2000-A-0062. Sua sponte, cause dismissed as having been improvidently allowed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Lundberg Stratton, […]
STATE v. NEWMAN, 128 Ohio St.3d 1501 (2011)
2011-Ohio-2420, 947 N.E.2d 683 State v. Newman. No. 2011-0346.Supreme Court of Ohio. May 25, 2011. Hamilton App. No. C-090735. Appeals not Accepted for Review.
STATE EX REL. NEWARK GROUP, INC. v. INDUS. COMM., 106 Ohio St.3d 1453 (2005)
2005-Ohio-3479 State ex rel. Newark Group, Inc. v. Indus. Comm. No. 2005-1058.Supreme Court of Ohio. July 8, 2005. Franklin App. No. 04AP-594, 2005-Ohio-2201. MEDIATION REFERRALS
SANTOS v. OHIO BUR. OF WORKERS’ COMP., 101 Ohio St.3d 74 (2004)
2004-Ohio-28, 801 N.E.2d 441 Santos et al., Appellants, v. Ohio Bureau of Workers’ Compensation, Appellee. No. 2002-1314.Supreme Court of Ohio.Submitted September 17, 2003. Decided January 21, 2004. APPEAL from the Court of Appeals for Cuyahoga County, No. 80353, 2002-Ohio-2731. O’CONNOR, J. {¶ 1} We are asked to decide whether a suit seeking the return of […]
STATE v. SMITH, 120 Ohio St.3d 1455 (2008)
2008-Ohio-6813 State v. Smith. No. 2008-1735.Supreme Court of Ohio. December 31, 2008. Lorain App. Nos. 07CA009220 and 07CA009252, 2008-Ohio-3589. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. HALL v. INDUS. COMM., 80 Ohio St.3d 289 (1997)
685 N.E.2d 1245 THE STATE EX REL. HALL, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL. No. 95-903Supreme Court of Ohio.Submitted October 21, 1997 — Decided November 19, 1997. APPEAL from the Court of Appeals for Franklin County, No. 94APD03-285. Claimant-appellee Matt Hall’s workers’ compensation claim has been allowed for “lumbosacral strain; aggravation of […]
STATE v. HANCOCK, Unpublished Decision (2-1-2006)
2006-Ohio-290 State v. Hancock, 2006-Ohio-160. No. 2003-2099.Supreme Court of Ohio. February 1, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Warren C.P. No. 00CR19073. Judgment affirmed in part and vacated in part, and cause remanded for further proceedings. Moyer, C.J., Pfeifer, O’Connor and Lanzinger, JJ., concur. […]
WILMINGTON v. POWELL, 83 Ohio St.3d 1427 (1998)
699 N.E.2d 944 State ex rel. Wilmington v. Powell. No. 98-1551.Supreme Court of Ohio. September 23, 1998 MISCELLANEOUS DISMISSALS In Prohibition. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, CODE and LUNDBERG STRATTON, JJ., concur.
DAIMLER CHRYSLER CORP. v. INDUS. COMM, 124 Ohio St.3d 1420 (2009)
2009-Ohio-6935 State ex rel. Daimler Chrysler Corp. v. Indus. Comm. No. 2009-2058.Supreme Court of Ohio. December 31, 2009. Franklin App. No. 08AP-1017, 2009-Ohio-5778. MEDIATION REFERRALS.
ADKINS v. MCFAUL, 76 Ohio St.3d 350 (1996)
667 N.E.2d 1171 ADKINS, APPELLANT, v. MCFAUL, WARDEN, APPELLEE. No. 96-658Supreme Court of Ohio.Submitted July 10, 1996 — Decided August 21, 1996. APPEAL from the Court of Appeals for Cuyahoga County, No. 70210. According to appellant, Jackie Adkins, he was sentenced to two consecutive terms of six months for misdemeanor convictions of vehicular homicide and […]
ST. CELEBREZZE v. NATL. LIME STONE, 68 Ohio St.3d 377 (1994)
627 N.E.2d 538 THE STATE EX REL. CELEBREZZE, ATTY. GEN., APPELLEE, v. NATIONAL LIME STONE COMPANY, APPELLANT. No. 92-989Supreme Court of Ohio.Submitted September 15, 1993 — Decided March 2, 1994. APPEAL from the Court of Appeals for Wyandot County, No. 16-91-7. Appellant, National Lime Stone Company (“National”), operates a limestone quarry and lime processing plant […]
GEORGALIS v. OHIO, 118 Ohio St.3d 1435 (2008)
2008-Ohio-2595 Georgalis v. Ohio. No. 2008-0437.Supreme Court of Ohio. June 4, 2008. Cuyahoga App. No. 90371. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. v. SHANNON, 170 Ohio St. 393 (1960)
165 N.E.2d 642 THE STATE, EX REL. KING, APPELLANT v. SHANNON, PRESIDING JUDGE, APPELLEE. No. 36219Supreme Court of Ohio. Decided March 16, 1960. Criminal law — Violation of municipal ordinance prohibiting possession of obscene literature — Conviction and sentence — Affirmance by appellate court — Constitutionality of ordinance not raised in lower court — Prohibition […]
STATE v. CLAYBORN, 122 Ohio St.3d 1502 (2009)
2009-Ohio-4233 State v. Clayborn. No. 2009-0971.Supreme Court of Ohio. August 26, 2009. Franklin App. No. 08AP-593, 2009-Ohio-1751. APPEALS ACCEPTED FOR REVIEW. LUNDBERG STRATTON and Lanzinger, JJ., would also hold the cause for the decision in 2008-0991 and 2008-0992, Chojnacki v. Cordray, Warren App. No. CA2008-03-040. PFEIFER, O’CONNOR, and O’DONNELL, JJ., dissent.
STATE v. JONES, 114 Ohio St.3d 1513 (2007)
2007-Ohio-4285 State v. Jones. No. 2007-0921.Supreme Court of Ohio. August 29, 2007. Cuyahoga App. No. 88134, 2007-Ohio-1301. Appeals not Accepted for Review
SHERRED v. ESTATE OF KOON, 99 Ohio St.3d 211 (2003)
2003-Ohio-3140, 790 N.E.2d 329 Sherred et al., Appellants, v. Estate of Koon et al., Appellees. No. 2002-2175.Supreme Court of Ohio.Submitted June 4, 2003. Decided July 2, 2003. Page 212 Appeal from the Court of Appeals for Franklin County, No. 02AP-325,2002-Ohio-6562. {¶ 1} The judgment of the court of appeals is affirmed on the authority of […]
COUNCELL v. DOUGLAS, 163 Ohio St. 292 (1955)
126 N.E.2d 597 COUNCELL, APPELLEE v. DOUGLAS, APPELLANT. No. 34229Supreme Court of Ohio. Decided May 4, 1955. Principal and agent — Relationship of employer and independent contractor distinguished — Respondent superior — Rule arises, when — Ceases when superior-subordinate relationship ceases — Employing another to do certain work — Reserving right to control amount or […]
STATE EX REL. PARKER v. OHIO PAROLE BD., 68 Ohio St.3d 23 (1993)
613 N.E.2d 37 THE STATE EX REL. PARKER, APPELLANT, v. OHIO PAROLE BOARD ET AL., APPELLEES. No. 93-264Supreme Court of Ohio.Submitted August 16, 1993 — Decided December 8, 1993. APPEAL from the Court of Appeals for Allen County, No. 1-92-106. Appellant, Keith Parker, filed a petition for a writ of habeas corpus in the Court […]