2006-Ohio-4473, 853 N.E.2d 313 Disciplinary Counsel v. Mogul. 2005-2341.Supreme Court of Ohio. August 31, 2006. This cause came on for further consideration upon the filing by relator of a motion to appear and show cause. Respondent filed a response to relator’s motion and included a motion to dismiss for lack of subject matter jurisdiction and […]
Category: Ohio Supreme Court Opinions
STATE v. GRAHAM, 86 Ohio St.3d 1461 (1999)
715 N.E.2d 565 State v. Graham. No. 99-1037.Supreme Court of Ohio. Announcement: September 1, 1999. APPEAL from Licking App. No. 98CA082.
STATE v. McDONNELL, 126 Ohio St.3d 511 (2010)
2010-Ohio-4726, 935 N.E.2d 830 THE STATE EX REL, McGRATH, APPELLANT, v. McDONNELL, JUDGE, APPELLEE. No. 2010-1131.Supreme Court of Ohio.Submitted September 28, 2010. Decided October 6, 2010. APPEAL from the Court of Appeals for Cuyahoga County, No. 94819, 2010-Ohio-2610. Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of […]
STATE EX REL. SIMON v. INDUS. COMM., 71 Ohio St.3d 186 (1994)
642 N.E.2d 1096 THE STATE EX REL. SIMON, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; CATERPILLAR INDUSTRIAL, INC., APPELLANT. No. 93-2207Supreme Court of Ohio.Submitted October 24, 1994 — Decided December 14, 1994. APPEAL from the Court of Appeals for Franklin County, No. 92AP-1626. Appellee-claimant, Johnnie L. Simon, sustained numerous injuries in the course of and arising […]
WIREMAN v. MILLINGTON, 120 Ohio St.3d 1487 (2009)
2009-Ohio-278 Wireman v. Millington. No. 2008-1728.Supreme Court of Ohio. January 28, 2009. Hardin App. No. 6-08-02. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents. O’DONNELL, J., dissents and would accept the appeal on Proposition of Law No. II. Page 1488
STATE v. WILSON, 83 Ohio St.3d 1473 (1998)
701 N.E.2d 380 State v. Wilson. 98-1745.Supreme Court of Ohio. October 29, 1998. Hamilton App. No. C-970944.
STATE EX REL. ANGELO BENEDETTI v. INDUS. COMM., 2007-0619 (8-24-2011)
2011-Ohio-4217 State ex rel. Angelo Benedetti, Inc. v. Indus. Comm., Slip Opinion No. 2011-Ohio-4131. No. 2007-0619.Supreme Court of Ohio. August 24, 2011. MERIT DECISION WITH OPINION Franklin App. No. 06AP-165. Judgment affirmed. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur. Lanzinger, J., concurs in judgment only. Page 1
HARPER v. OHIO AD. PAROLE AUTH., 83 Ohio St.3d 1428 (1998)
699 N.E.2d 945 Harper v. Ohio Adult Parole Auth. No. 98-1749.Supreme Court of Ohio. September 23, 1998 MISCELLANEOUS DISMISSAL In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, CODE and LUNDBERG STRATTON, JJ., concur, DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED
STATE v. COLEY, 103 Ohio St.3d 1460 (2004)
2004-Ohio-5056 STATE v. COLEY. 2004-1343.Supreme Court of Ohio. September 29, 2004. Lucas App. Nos. L-02-1175, L-02-1176 and L-02-1177, 2004-Ohio-2776. On motion for leave to file delayed appeal. Motion denied. Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
IN RE APPLICATION OF AMERICAN LEGION, 20 Ohio St.2d 121 (1969)
254 N.E.2d 21 IN RE APPLICATION OF THE AMERICAN LEGION OF OHIO FOR EXEMPTION FROM TAXATION. No. 69-312Supreme Court of Ohio. Decided December 17, 1969. Taxation — Real estate owned by American Legion — Occupied by its state headquarters — Corporation a fraternal association — Real estate not exempt from taxation. APPEAL from the Board […]
STATE v. EBERLIN, 117 Ohio St.3d 381 (2008)
2008-Ohio-1117 THE STATE EX REL. TURNER, APPELLEE, v. EBERLIN, WARDEN, APPELLANT. No. 2007-2013.Supreme Court of Ohio.Submitted March 12, 2008. Decided March 19, 2008. APPEAL from the Court of Appeals for Belmont County, No. 07 BE 6, 2007-Ohio-5042. Per Curiam. {¶ 1} This is an appeal from a judgment granting a writ of mandamus compelling a […]
STATE, EX REL. v. INDUS. COMM., 132 Ohio St. 449 (1937)
8 N.E.2d 563 THE STATE, EX REL. FIELDS v. INDUSTRIAL COMMISSION OF OHIO. No. 26334Supreme Court of Ohio. Decided May 19, 1937. Workmen’s compensation — Warrant paying award returned by employee to Industrial Commission for correction — Warrant retained upon employee’s instruction — In possession of commission more than ten years — Mandamus denied to […]
MERIT DOCKET, Unpublished Decision (3-7-2001)
MERIT DOCKETSupreme Court of Ohio. Announcement Wednesday March 7, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 99-841. State ex rel. Riter v. Indus. Comm. Franklin App. No. 98AP-334. Judgment affirmed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. 99-848. Paton v. Paton. Allen App. […]
MOTION AND PROCEDURAL RULINGS, 98 Ohio St.3d 1470 (2003)
784 N.E.2d 705Supreme Court of Ohio. 2003. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions March 4, 20032002-0925. State v. Lucas. Licking App. No. 01CA00100, 2002-Ohio-2514. This cause is pending before the court on the certification of a conflict by the Court of Appeals for Licking County. Upon consideration of the motion of amici […]
MOTOR FREIGHT v. P.U.C., 156 Ohio St. 365 (1951)
102 N.E.2d 845 COMMERCIAL MOTOR FREIGHT, INC., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 32553Supreme Court of Ohio. Decided December 12, 1951. Motor transportation companies — Additional certificate for operation over route already served — Rights of previously certificated operator serving route — Public Utilities Commission — Compliance with Section 614-46a, General Code, […]
STATE v. SUMLIN, 69 Ohio St.3d 105 (1994)
630 N.E.2d 681 THE STATE OF OHIO, APPELLANT, v. SUMLIN, APPELLEE. No. 92-1916Supreme Court of Ohio.Submitted February 1, 1994 — Decided April 27, 1994. APPEAL from the Court of Appeals for Cuyahoga County, No. 60596. Defendant-appellee, Ross Sumlin, was convicted in the Court of Common Pleas of Cuyahoga County on two counts of felonious assault […]
STATE, EX REL. v. FEYLER, 138 Ohio St. 251 (1941)
34 N.E.2d 441 THE STATE, EX REL. WEST v. FEYLER ET AL., BOARD OF HEALTH OF PORTSMOUTH CITY HEALTH DISTRICT. No. 28420Supreme Court of Ohio. Decided May 14, 1941. Mandamus — Discretion of city board of health not controlled by writ — Employment or appointment of plumbing inspector and local registrar of vital statistics — […]
LAKE CTY BAR ASSN. v. TROY., 130 Ohio St.3d 110 (2011)
2011-Ohio-4913, 955 N.E.2d 1007 LAKE COUNTY BAR ASSOCIATION v. TROY. No. 2011-0697.Supreme Court of Ohio.Submitted June 21, 2011. Decided September 29, 2011. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 10-018. Per Curiam. {¶ 1} Respondent, Bartley J. Troy of Mentor, Ohio, Attorney Registration No. 0031600, […]
HILLMAN v. EDWARDS, 128 Ohio St.3d 1498 (2011)
2011-Ohio-2420, 947 N.E.2d 681 Hillman v. Edwards. No. 2010-1473.Supreme Court of Ohio. May 25, 2011. Franklin App. Nos. 10AP-58 and 10AP-59, 2010-Ohio-3524. Motion and Procedural Rulings. On demand for findings of fact and conclusion of law. Demand denied.
STATE, EX REL. CORRIGAN, v. COURT OF COMMON PLEAS, 45 Ohio St.2d 187 (1976)
343 N.E.2d 94 THE STATE, EX REL. CORRIGAN, PROS. ATTY., APPELLEE, v. COURT OF COMMON PLEAS; YOUNG, JUDGE, APPELLANT. No. 75-553Supreme Court of Ohio. Decided February 25, 1976. Criminal law — Shock probation — R.C. 2947.061 — Eligibility — R.C. 2951.02(F) — Does not limit trial court’s discretion. The restrictions upon the granting of probation […]
BIGGS v. PENN-OHIO COACH LINES CO., 142 Ohio St. 558 (1944)
53 N.E.2d 509 BIGGS, APPELLANT v. PENN-OHIO COACH LINES CO., APPELLEE. CAMPANA, APPELLANT v. PENN-OHIO COACH LINES CO., APPELLEE. Nos. 29825 and 29826Supreme Court of Ohio. Decided January 19, 1944. Supreme Court — Dismissal — No debatable constitutional question involved — Negligence — Common carriers — “Due” and “proper” care in purchasing and inspecting equipment […]
STATE v. DYER, 119 Ohio St.3d 1504 (2008)
2008-Ohio-5467 State v. Dyer. No. 2008-1358.Supreme Court of Ohio. October 29, 2008. Scioto App. No. 07CA3163, 2008-Ohio-2711. APPEALS NOT ACCEPTED FOR REVIEW.
CINCINNATI BAR ASSN. v. CARTER, 48 Ohio St.2d 227 (1976)
357 N.E.2d 1099 CINCINNATI BAR ASSOCIATION v. CARTER. No. 76-10Supreme Court of Ohio. Decided December 15, 1976. Attorneys at law — Misconduct — Acts constituting — Indefinite suspension. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline. Respondent, Ben Carter, of Cincinnati, was admitted to the practice of law in Ohio in […]
OHIO STATE BAR ASSN. v. APPRAISAL RESEARCH CORP., 2010-0151 (5-25-2010)
2010-Ohio-2301 Ohio State Bar Assn. v. Appraisal Research Corp., Slip Opinion No. 2010-Ohio-2204. No. 2010-0151.Supreme Court of Ohio. May 25, 2010. MERIT DECISIONS WITH OPINIONS On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 09-04. Consent decree in which Appraisal Research Corporation, Sue Maag, and Richard H. Hoffman are enjoined […]
HOWARD v. INDUS. COMM., Unpublished Decision (3-6-2006)
2006-Ohio-963 State ex rel. Howard v. Indus. Comm. No. 2003-1572.Supreme Court of Ohio. March 6, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MOTION AND PROCEDURAL RULINGS Franklin App. No. 97AP-860. This cause came on for further consideration of appellant’s motion for leave to file a motion for relief from […]
HANNA v. WAGNER, 39 Ohio St.2d 64 (1974)
313 N.E.2d 842 HANNA, APPELLANT, v. WAGNER, APPELLEE. No. 73-684Supreme Court of Ohio. Decided July 3, 1974. Appeal — Trial to jury — Court of Appeals — Reversal — App. R. 12(D) — Cause to be remanded for new trial, when. APPEAL from the Court of Appeals for Defiance County. This case arises out of […]
MISCELLANEOUS DOCKET, 82 Ohio St.3d 1454 (1998)
696 N.E.2d 213Supreme Court of Ohio. 1998. MISCELLANEOUS DOCKET Thursday, July 2, 1998 The Supreme Court of Ohio has issued orders imposing monetary sanctions upon ten attorneys, and imposing suspension in addition to a monetary sanction upon forty-six attorneys, for noncompliance with the requirements of Gov.Bar R. X, Attorney Continuing Legal Education. The Supreme Court […]
STATE EX REL. DILLON v. DAYTON PRESS, INC., 6 Ohio St.3d 295 (1983)
453 N.E.2d 566 THE STATE, EX REL. DILLON, APPELLEE, v. DAYTON PRESS, INC., APPELLANT, ET AL. No. 82-1442Supreme Court of Ohio. Decided August 24, 1983. Workers’ compensation — Failure to designate numerically on application specific safety requirement — Application sufficient, when. APPEAL from the Court of Appeals for Franklin County. On December 27, 1977, appellee, […]
CINCINNATI BAR ASSN. v. STERN, 78 Ohio St.3d 533 (1997)
679 N.E.2d 265 CINCINNATI BAR ASSOCIATION v. STERN. No. 96-2784Supreme Court of Ohio.Submitted February 19, 1997 — Decided June 11, 1997. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-64. On August 12, 1996, relator, Cincinnati Bar Association, filed a complaint charging respondent, Andrew Michael Stern […]
ST. DUGANITZ v. OHIO ADULT PAROLE AUTH., 77 Ohio St.3d 190 (1996)
672 N.E.2d 654 THE STATE EX REL. DUGANITZ, APPELLANT, v. OHIO ADULT PAROLE AUTHORITY, APPELLEE. No. 96-1401Supreme Court of Ohio.Submitted October 15, 1996 — Decided December 18, 1996. APPEAL from the Court of Appeals for Franklin County, No. 95APD10-1366. In 1984, the Cuyahoga County Court of Common Pleas convicted appellant, Michael J. Duganitz, of felonious […]
IN RE ADOPTION OF OSORO, 121 Ohio St.3d 1429 (2009)
2009-Ohio-1296 In re Adoption of Osoro. No. 2009-0335.Supreme Court of Ohio. March 25, 2009. Stark App. No. 2008 CA 00163, 2008-Ohio-6925. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBERG STRATTON and O’CONNOR, JJ., dissent.
WATKINS v. STATE OF OHIO, 114 Ohio St. 710 (1926)
152 N.E. 907 WATKINS v. THE STATE OF OHIO. No. 19415Supreme Court of Ohio. Decided February 9, 1926. Supreme Court — Dismissals — No debatable constitutional question involved. ERROR to the Court of Appeals of Mahoning county. Mr. D.F. Rendinell, for plaintiff in error. Mr. William E. Lewis, city solicitor; Mr. T.J. Thomas, prosecuting attorney, […]
APPEALS NOT ACCEPTED FOR REVIEW, 102 Ohio St.3d 1482 (2004)
2004-Ohio-3069, 810 N.E.2d 966Supreme Court of Ohio. Case Announcements and Administrative Actions June 23, 2004. APPEALS NOT ACCEPTED FOR REVIEW 2003-1692. Fish v. Republic-Franklin Ins. Co. Stark App. No. 2003CA00044, 2003-Ohio-4277. O’Donnell, J., dissents, would accept, and would reverse the court of appeals. 2003-1940. Welsh v. Indiana Ins. Co. Stark App. No. 2002CA00370, 2003-Ohio-5026. O’Donnell, […]
STATE v. ROGERS, 106 Ohio St.3d 1510 (2005)
2005-Ohio-4605, 833 N.E.2d 1250 State v. Rogers. No. 2005-1091.Supreme Court of Ohio. September 7, 2005. Franklin App. No. 04AP-705, 2005-Ohio-2202. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. BRUNSMAN, 117 Ohio St.3d 260 (2008)
2008-Ohio-854 THE STATE EX REL. RIDENOUR, APPELLANT, v. BRUNSMAN, WARDEN, APPELLEE. No. 2007-1831.Supreme Court of Ohio.Submitted February 27, 2008. Decided March 5, 2008. APPEAL from the Court of Appeals for Ross County, No. 07CA2979. Per Curiam. {¶ 1} This is an appeal from a judgment dismissing an inmate’s complaint for a writ of mandamus. Because […]
STATE v. WHITE, 117 Ohio St.3d 1477 (2008)
2008-Ohio-1841 State v. White. No. 2008-0013.Supreme Court of Ohio. April 23, 2008. Cuyahoga App. No. 89085, 2007-Ohio-5951. APPEALS NOT ACCEPTED FOR REVIEW.
JURISDICTIONAL MOTIONS OVERRULED, 37 Ohio St.3d 715 (1988)
532 N.E.2d 763Supreme Court of Ohio. Decided June 15, 1988. JURISDICTIONAL MOTIONS OVERRULED 88-255. Cincinnati Ins. Co. v. Phillips. Preble County, No. CA87-05-011. Moyer, C.J., and Douglas, J., dissent. 88-576. State, ex rel. American Can Co., v. Indus. Comm Franklin County, No. 87AP-929. Sweeney and Wright, JJ., dissent. 88-663. Wells v. Atco Surgical Supports Co. […]
STATE v. BURKETT, 128 Ohio St.3d 1458 (2011)
2011-Ohio-1829, 945 N.E.2d 522 State v. Burkett. No. 2011-0105.Supreme Court of Ohio. April 20, 2011. Portage App. No. 2009-P-0069, 2010-Ohio-6250. Appeals not Accepted for Review. Page 1459
SMITH v. FIFTH THIRD BANK, 105 Ohio St.3d 1406 (2005)
2005-Ohio-286, 821 N.E.2d 1027 SMITH v. FIFTH THIRD BANK. No. 2004-1745.Supreme Court of Ohio. Decided February 2, 2005. Hamilton App. No. C-030746. APPEALS NOT ACCEPTED FOR REVIEW RESNICK, J., not participating.
MARC GLASSMAN, INC. v. LEVIN, 2007-0328 (8-4-2008)
2008-Ohio-3914 Marc Glassman, Inc. v. Levin, Slip Opinion No. 2008-Ohio-3819. No. 2007-0328.Supreme Court of Ohio. August 4, 2008. MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 87766, 2006-Ohio-6591. Judgment affirmed. Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, JJ., concur. Pfeifer and Cupp, JJ., dissent. Page 6
DONNELLY v. CREAM CO., 165 Ohio St. 583 (1956)
138 N.E.2d 388 DONNELLY, APPELLEE v. J.V. LEWIS ICE CREAM CO. ET AL., APPELLANTS. No. 34927Supreme Court of Ohio. Decided November 21, 1956. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Mortgaged real estate held by testamentary trustee — Foreclosure — Jurisdiction — Probate Court — Common Pleas Court — […]
CITY OF CLEVELAND v. PERK, COUNTY AUD., 2 Ohio St.2d 173 (1965)
207 N.E.2d 556 CITY OF CLEVELAND, APPELLANT v. PERK, COUNTY AUD., APPELLEE. No. 39135Supreme Court of Ohio. Decided May 19, 1965. Taxation — Municipally owned airport — Leased to private corporation for profit — Identity as public property lost — Not exempt from taxation. APPEAL from the Board of Tax Appeals. The city of Cleveland […]
HARRIS v. ANDERSON, 109 Ohio St.3d 101 (2006)
2006-Ohio-1934, 846 N.E.2d 43 HARRIS, APPELLANT, v. ANDERSON, WARDEN, ET AL., APPELLEES. No. 2005-2182.Supreme Court of Ohio.Submitted March 15, 2006. Decided May 3, 2006. APPEAL from the Court of Appeals for Lorain County, No. 04CA008587. Per Curiam. {¶ 1} This is an appeal from a judgment denying a second motion for relief from a judgment […]
IN RE ESTATE OF FINKE, 31 Ohio St.3d 1 (1987)
508 N.E.2d 158 IN RE ESTATE OF FINKE, DECEASED. No. 86-1166Supreme Court of Ohio. Decided May 27, 1987. Probate — Estate taxes — Gifts made prior to death — Inter vivos donees generally subject to apportionment of tax, when — R.C. 2113.86 — Tax credit inures to benefit of donees, when — R.C. 2113.88. O.Jur […]
STATE EX REL. PENN v. HORN, 86 Ohio St.3d 1401 (1999)
711 N.E.2d 230 State ex rel. Penn v. Horn. No. 99-654.Supreme Court of Ohio. June 9, 1999. APPEAL from Cuyahoga App. No. 75697. This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. It appears from the records of this court that appellant has not filed a […]
COLUMBUS BAR ASSN. v. SCHLOSSER, 74 Ohio St.3d 174 (1995)
657 N.E.2d 500 COLUMBUS BAR ASSOCIATION v. SCHLOSSER. COLUMBUS BAR ASSOCIATION v. ELSASS. Nos. 95-375 and 95-376Supreme Court of Ohio.Submitted September 26, 1995 — Decided December 20, 1995. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 93-47. On August 16, 1993, relator, Columbus Bar Association, filed […]
TOLEDO BAR ASSOC. v. CHELSEA TITLE AGENCY, 100 Ohio St.3d 356 (2003)
2003-Ohio-6453, 800 N.E.2d 29 Toledo Bar Association v. Chelsea Title Agency of Dayton, Inc., D.B.A. Chelsea Title Agency of Toledo. No. 2003-1535.Supreme Court of Ohio.Submitted October 20, 2003. Decided December 24, 2003. On Final Report of the Board of Commissioners on the Unauthorized Practice of Law of the Supreme Court, No. UPL 03-02. PER CURIAM. […]
STATE v. JENKINS, 107 Ohio St.3d 1406 (2005)
2005-Ohio-5859, 836 N.E.2d 1227 State v. Jenkins. 2005-1366.Supreme Court of Ohio. November 9, 2005. Cuyahoga App. No. 84644, 2005-Ohio-2824. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. III; 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. […]
MOTION DOCKET, 88 Ohio St.3d 1414 (2000)
723 N.E.2d 119Supreme Court of Ohio. 2000. MOTION DOCKET99-2216. Mayer v. Bristow. Crawford App. No. 3-98-29. On motion for preliminary injunction pursuant to Ohio Civ.R. 65(B). Motion denied. 99-2219. State v. Castillo. Mercer App. No. 10-99-06. On motion for leave to file delayed appeal. Motion denied. 99-2220. State v. Linton. Licking App. No. 99CA10. On […]
STATE, EX REL. RIEKE, v. HAUSROD, 59 Ohio St.2d 48 (1979)
391 N.E.2d 736 THE STATE, EX REL. RIEKE, APPELLANT, v. HAUSROD, MAYOR, ET AL., APPELLEES. No. 79-181Supreme Court of Ohio. Decided July 11, 1979. Mandamus — To compel reinstatement of part-time city employee — Availability of writ. APPEAL from the Court of Appeals for Lorain County. On May 17, 1977, appellant, Robert A. Rieke, was […]
IN RE WELLESLEY CORP., 18 Ohio St.3d 176 (1985)
480 N.E.2d 461 IN RE WELLESLEY CORPORATION, A.K.A. WELLINGTON HOSPITAL. No. 84-1037Supreme Court of Ohio. Decided July 10, 1985. Hospitals — Proposed psychiatric facility — Certificate of need properly denied, when — Former Ohio Adm. Code 3701-8-25. APPEAL from the Court of Appeals for Franklin County. On January 26, 1982, Dr. A. James Giannini filed […]
STATE v. PATTERSON, 105 Ohio St.3d 1519 (2005)
2005-Ohio-1880 State v. Patterson. 2005-0308.Supreme Court of Ohio. April 27, 2005. Richland App. No. 03 CA 48, 2004-Ohio-4298. APPEALS NOT ACCEPTED FOR REVIEW
BEREA CITY SCHOOL DISTRICT v. BUDGET COMM., 60 Ohio St.2d 50 (1979)
396 N.E.2d 767 BEREA CITY SCHOOL DIST., APPELLANT, v. BUDGET COMM. OF CUYAHOGA CO. ET AL., APPELLEES. CITY OF CLEVELAND, APPELLANT, v. BUDGET COMM. OF CUYAHOGA CO. ET AL., APPELLEES. BD. OF COUNTY COMMRS., CUYAHOGA CO., APPELLANT, v. BUDGET COMM. OF CUYAHOGA CO. ET AL., APPELLEES. BD. OF EDN., CLEVELAND CITY SCHOOL DIST., APPELLANT, v. […]
STATE v. DIXON, 71 Ohio St.3d 608 (1995)
646 N.E.2d 453 THE STATE OF OHIO, APPELLANT, v. DIXON, APPELLEE. No. 94-220Supreme Court of Ohio.Submitted February 7, 1995 — Decided March 15, 1995. Page 609 CERTIFIED by the Court of Appeals for Greene County, No. 93 CA 18. William F. Schenck, Greene County Prosecuting Attorney, an Robert K. Hendrix, Assistant Prosecuting Attorney, for appellant. […]
MOENING v. COOK, 128 Ohio St.3d 1555 (2011)
2011-Ohio-2905, 949 N.E.2d 42 Moening v. Cook. No. 2011-0759.Supreme Court of Ohio. June 22, 2011. K. Moening. Merit Decisions Without Opinions. Sua sponte, cause dismissed. Motion for appointment of counsel denied as moot. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.
KELLY v. MEDICAL LIFE INS. CO., 31 Ohio St.3d 130 (1987)
509 N.E.2d 411 KELLY ET AL., APPELLANTS, v. MEDICAL LIFE INSURANCE COMPANY; KELLY, APPELLEE. No. 86-1449Supreme Court of Ohio. Decided June 24, 1987. Insurance — Domestic relations — Intent of parties presumed to reside in language they employ in settlement agreement — Constructive trust appropriate remedy to ensure that insurance proceeds go to children who […]
STATE, EX REL., v. PICKAWAY CTY. BD., 61 Ohio St.3d 461 (1991)
575 N.E.2d 206 THE STATE, EX REL. VETERANS SERVICE OFFICE OF PICKAWAY COUNTY ET AL., v. BOARD OF COUNTY COMMISSIONERS OF PICKAWAY COUNTY ET AL. No. 90-1522Supreme Court of Ohio.Submitted May 6, 1991 — Decided August 14, 1991. IN MANDAMUS. Relators, Veterans Service Office of Pickaway County, Veterans Service Commission, and Veterans Service Officer Ronnie […]
ELYRIA FOUNDRY v. PUB. UTIL. COMM., 116 Ohio St.3d 1414 (2007)
2007-Ohio-6140 Elyria Foundry Co. v. Pub. Util. Comm. No. 2006-0830.Supreme Court of Ohio. November 21, 2007. Public Utilities Commission, Nos. 05-704-EL-ATA, 05-1125-EL-ATA, 05-1126-EL-AAM, and 05-1127-EL-UNC. Reported at 114 Ohio St.3d 305, 2007-Ohio-4164, 871 N.E.2d 1176. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration of intervening appellee FirstEnergy Corp. Motion denied. O’CONNOR and O’DONNELL, JJ., dissent.
IN RE APPLICATION OF HOLBROOK, 115 Ohio St.3d 1402 (2007)
2007-Ohio-4780 In re Application of Holbrook. No. 2007-0683.Supreme Court of Ohio. September 18, 2007. Board of Commissioners on Character and Fitness, No. 338. MISCELLANEOUS ORDERS This cause is pending before the court as a board report from the Board of Commissioners on Character and Fitness. Upon consideration of applicant’s second motion to supplement the record, […]
CLEVELAND BAR ASSN. v. WOODMAN, 98 Ohio St.3d 436 (2003)
786 N.E.2d 865 Cleveland Bar Association v. Woodman, et al. No. 2002-2129.Supreme Court of Ohio.Submitted February 12, 2003. Decided April 16, 2003. On Final Report of the Board of Commissioners on the Unauthorized Practice of Law of the Supreme Court, No.UPL 01-05. Per Curiam. {¶ 1} Respondents, Robert P. Woodman, Carl N. Woodman, and Thomas […]
DISCIPLINARY DOCKET, 60 Ohio St.3d 701 (1991)
573 N.E.2d 117-122Supreme Court of Ohio. 1991. DISCIPLINARY DOCKET Thursday, May 9, 1991 90-1127. Columbus Bar Assn. v. Zolnier. It is ordered by the court, sua sponte, that Marcus A. Zolnier is found in contempt for failure to fully comply with this court’s order of February 20, 1991. 90-1702. Stark Cty. Bar Assn. v. Tscholl. […]
TRAVELERS INSURANCE CO. v. WADSWORTH, 109 Ohio St. 440 (1924)
142 N.E. 900 THE TRAVELERS INSURANCE CO. OF HARTFORD, CONN. v. VILLAGE OF WADSWORTH. No. 18013Supreme Court of Ohio. Decided March 4, 1924. Municipal corporations — Waterworks, electric light and power plants — Contract for indemnity insurance — Exercise of proprietary powers. 1. The board of trustees of public affairs of a village, which under […]
MOTION DOCKET, 77 Ohio St.3d 1452 (1996)
672 N.E.2d 176 — 177Supreme Court of Ohio. 1996. MOTION DOCKET Thursday, November 21, 199696-2301. State v. Palmer. Belmont App. No. 89-B-28. This cause is pending before the court as an appeal from the Court of Appeals for Belmont County. Upon consideration of appellant’s motion for stay of proceedings in this court, IT IS ORDERED […]
WELLS v. INDUS. COMM., 112 Ohio St.3d 1436 (2007)
2007-Ohio-225 State ex rel. Wells v. Indus. Comm. No. 2006-1427.Supreme Court of Ohio. January 23, 2007. Appeal from the Franklin App. No. 04AP-758, 2006-Ohio-2738. Miscellaneous Dismissals This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, It is ordered by […]
STATE v. MYERS, 110 Ohio St.3d 1465 (2006)
2006-Ohio-4288, 852 N.E.2d 1214 State v. Myers. 2006-0942.Supreme Court of Ohio. August 23, 2006. Darke App. No. 1643, 2006-Ohio-1604.
DISMISSALS, SUA SPONTE, 76 Ohio St.3d 1472 (1996)
669 N.E.2d 851-862Supreme Court of Ohio. 1996. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Wednesday, September 18, 1996 96-518. McAndrews v. McAndrews. Hamilton County, No. C-940684. STRATTON, J., not participating. 96-520. State v. Woo. Stark County, No. 1995CA201. 96-544. Quill v. Richardson. Montgomery County, No. 15194. 96-560. State v. […]
STATE EX REL. TIMKEN CO. v. PENCE., 107 Ohio St.3d 1402 (2005)
2005-Ohio-5859, 836 N.E.2d 1224 State ex rel. Timken Co. v. Pence. 2004-1875.Supreme Court of Ohio. November 9, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to set briefing schedule. On the authority of State ex rel. Internatl. Paper v. Trucinski, 106 Ohio St.3d 203, 2005-Ohio-4557, 833 N.E.2d 728, writ denied. Cause dismissed. Motion to […]
STATE EX REL. v. RANDALL, 160 Ohio St. 327 (1953)
116 N.E.2d 300 THE STATE, EX REL. WIEGEL ET AL., TRUSTEES v. RANDALL, DIR., ET AL. No. 33247Supreme Court of Ohio. Decided December 16, 1953. Building permit — Mandamus to require issuance of — Respondents in default — Motion for summary judgment sustained — Writ allowed. IN MANDAMUS. Mr. Victor F. Schmidt, for relators. No […]
MISCELLANEOUS DISMISSALS, 98 Ohio St.3d 1517 (2003)
786 N.E.2d 65Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions April 3, 20032003-0266. State ex rel. Provost v. Indus. Comm. Franklin App. No. 02AP-424, 2002-Ohio-7199. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, IT […]
CHOJNACKI v. ROGERS, 119 Ohio St.3d 1408 (2008)
2008-Ohio-3880 Chojnacki v. Rogers. No. 2008-0992.Supreme Court of Ohio. August 6, 2008. Warren App. No. CA2008-03-040. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted and cause consolidated with 2008-0991, Chojnacki v. Rogers, Warren App. No. CA2008-03-040. O’DONNELL, J., dissents.
STATE, EX REL. v. DUNN, 149 Ohio St. 28 (1948)
77 N.E.2d 72 THE STATE, EX REL. MAYNE, APPELLANT v. DUNN, AUD., APPELLEE. No. 31163Supreme Court of Ohio. Decided January 21, 1948. Taxation — Sale of forfeited lands — Section 5755, General Code (114 Ohio Laws, 840) — Assessments, special assessments and reassessments due after sale — Liens survive sale although levies made prior thereto […]
DOUSE v. STATE, 123 Ohio St.3d 1508 (2009)
2009-Ohio-6210 Douse v. State. No. 2009-1700.Supreme Court of Ohio. December 2, 2009. Richland App. No. 2008 CA 324, 2009-Ohio-3997. 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.
ACME ENGR. CO. v. JONES, 150 Ohio St. 423 (1948)
83 N.E.2d 202 THE ACME ENGINEERING CO., APPELLANT v. JONES, ADMR., BUREAU OF UNEMPLOYMENT COMPENSATION, APPELLEE. No. 31351Supreme Court of Ohio. Decided December 15, 1948. Unemployment compensation — Contribution rate of employer — Section 1345-4, General Code — “Binding” means final and conclusive — Refund of excess contributions — Application for review and redetermination to […]
STATE v. CARROLL, 156 Ohio St. 162 (1951)
101 N.E.2d 294 THE STATE OF OHIO, APPELLEE v. CARROLL, APPELLANT. No. 32722Supreme Court of Ohio. Decided October 3, 1951. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Acting in way “tending to cause delinquency in such child” — Section 1639-45, General Code — Not indefinite or uncertain — […]
STATE EX REL. v. INDUSTRIAL COMMISSION, 164 Ohio St. 12 (1955)
128 N.E.2d 72 THE STATE, EX REL. CITY OF TOLEDO v. INDUSTRIAL COMMISSION OF OHIO ET AL. No. 33302Supreme Court of Ohio. Decided July 13, 1955. Industrial Commission — Maintenance of State Insurance Fund — Investment earnings — Transfer from Public Fund to Private Fund — Mandamus to set aside denied — Contributions by state […]
NAVISTAR INTERNATL. TRANSP. v. INDUS. COMM., 110 Ohio St.3d 159 (2006)
2006-Ohio-4089, 852 N.E.2d 158 THE STATE EX REL. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. Page 160 No. 2005-1483.Supreme Court of Ohio.Submitted May 23, 2006. Decided August 23, 2006. APPEAL from the Court of Appeals for Franklin County, No. 04AP-638, 2005-Ohio-3284. Per Curiam. {¶ 1} When a self-insured employer […]
AM. SUBCONTRACTORS ASSN. v. OHIO STATE UNIV., 127 Ohio St.3d 1530 (2011)
2011-Ohio-376, 940 N.E.2d 984 State ex rel. Am. Subcontractors Assn., Inc. v. Ohio State Univ. No. 2010-2059.Supreme Court of Ohio. February 2, 2011. MOTION AND PROCEDURAL RULINGS. In Mandamus. On complaint in mandamus of American Subcontractors Association, Inc., and respondent’s answer. Sua sponte, an alternative writ is granted, and the following briefing schedule is set […]
STATE v. KING, 118 Ohio St.3d 1411 (2008)
2008-Ohio-2340 State v. King. No. 2008-0602.Supreme Court of Ohio. May 21, 2008. Franklin App. No. 07AP-230, 2007-Ohio-5406. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. LESTER, 2010-1007 (10-13-2011)
2011-Ohio-5244 State v. Lester, Slip Opinion No. 2011-Ohio-5204. No. 2010-1007 and 2010-1372.Supreme Court of Ohio. October 13, 2011. MERIT DECISION WITH OPINION Auglaize App. No. 2-10-20. Judgment affirmed. O’Connor, C.J., and Pfeifer and McGee Brown, JJ., concur. Lundberg Stratton and O’Donnell, JJ., concur in part and dissent in part. Lanzinger, J., dissents. Page 1
STATE v. FLONNORY, 31 Ohio St.2d 124 (1972)
285 N.E.2d 726 THE STATE OF OHIO, APPELLEE, v. FLONNORY, APPELLANT. No. 72-8Supreme Court of Ohio. Decided July 19, 1972. Criminal procedure — First degree murder — Two counts from single death — Premeditated killing — Robbery killing — Evidence — R.C. 2945.59 — Evidence of other acts — Evidence of other armed robbery admissible, […]
STICKNEY v. STATE FARM MUT. AUTO., 88 Ohio St.3d 504 (2000)
727 N.E.2d 1286 Stickney et al., Appellants, v. State Farm Mutual Automobile Insurance Company, Appellee. No. 98-2445.Supreme Court of Ohio.Submitted April 26, 2000. Decided May 24, 2000. Appeal from the Court of Appeals for Richland County, No. 98CA7. Elk Elk Co., L.P.A., Thomas L. Dettelbach and Todd O. Rosenberg, for appellants. Meyers, Hentemann Rea Co., […]
STATE v. FINNEY, 121 Ohio St.3d 1440 (2009)
2009-Ohio-1638 State v. Finney. No. 2008-2437.Supreme Court of Ohio. April 8, 2009. Fulton App. No. F-07-030, 2008-Ohio-5795. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and O’DONNELL, J., dissent.
MACFARLANE v. BASINSKI, 127 Ohio St.3d 1458 (2010)
2010-Ohio-6008 State ex rel. Macfarlane v. Basinski. No. 2010-1771.Supreme Court of Ohio. December 15, 2010. In Procedendo and Prohibition. Merit Decisions Without Opinions. On answer of respondent. On S.Ct.Prac. R. 10.5 determination, cause dismissed. PFEIFER, LUNDBERG STRATTON, O’CONNOR, LANZINGER, and CUPP, JJ., concur. BROWN, C.J., and O’DONNELL, J., dissent and would grant an alternative writ.
STATE v. OHIO STATE UNIV., 129 Ohio St.3d 111 (2011)
2011-Ohio-2881, 950 N.E.2d 535 THE STATE EX REL. AMERICAN SUBCONTRACTORS ASSOCIATION, INC. ET AL. v. OHIO STATE UNIVERSITY. No. 2010-2059.Supreme Court of Ohio.Submitted May 10, 2011. Decided June 21, 2011. IN MANDAMUS. Per Curiam. {¶ 1} This is an original action for a writ of mandamus to compel respondent, Ohio State University, to require that […]
LITTLE FOREST MED. CTR. v. OHIO C.R.C., 61 Ohio St.3d 607 (1991)
575 N.E.2d 1164 LITTLE FOREST MEDICAL CENTER OF AKRON, APPELLEE AND CROSS-APPELLANT, v. OHIO CIVIL RIGHTS COMMISSION, APPELLANT AND CROSS-APPELLEE. No. 90-1052Supreme Court of Ohio.Submitted May 14, 1991 — Decided September 4, 1991. APPEAL and CROSS-APPEAL from the Court of Appeals for Summit County, No. 14312. On June 19, 1986, Rayferd Lawson (“complainant”) submitted an […]
MEIJER STORES v. FRANKLIN CTY. BD. OF REV., 121 Ohio St.3d 1414 (2009)
2009-Ohio-1036 Meijer Stores Ltd. Partnership v. Franklin Cty. Bd. of Revision. No. 2008-1248.Supreme Court of Ohio. March 10, 2009. Board of Tax Appeals, Nos. 2005-T-441 and 2005-T-443. MOTION AND PROCEDURAL RULINGS. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellant/cross-appellee’s motion for oral argument […]
STATE v. SCHAIM, 65 Ohio St.3d 51 (1992)
600 N.E.2d 661 THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. SCHAIM, APPELLANT AND CROSS-APPELLEE. No. 91-1351Supreme Court of Ohio.Submitted June 3, 1992 — Decided October 28, 1992. Page 52 APPEAL and CROSS-APPEAL from the Court of Appeals for Hamilton County, No. C-900011. Eric Schaim was indicted on two counts of forcible rape involving his […]
MOTION DOCKET, 52 Ohio St.3d 711 (1990)
557 N.E.2d 1210-1220Supreme Court of Ohio. 1990. MOTION DOCKET Wednesday, July 11, 1990 90-194. State v. Draper. Clermont County, No. CA89-05-034. This cause came on for further consideration upon appellant’s motion to stay further execution of sentence pending filing of petition for writ of certiorari in the Supreme Court of the United States. Upon consideration […]
ADMINISTRATIVE DOCKET, 72 Ohio St.3d 1402 (1995)
647 N.E.2d 167, 168Supreme Court of Ohio. 1995. ADMINISTRATIVE DOCKET Thursday, March 30, 1995 1. Janet G. Marbley was appointed Administrator/Secretary of the Board of Commissioners of the Clients’ Security Fund of Ohio. 2. Frank A. Ray was appointed to the Supreme Court Rules Advisory Committee. Page 1403
STATE, EX REL. FOLEY v. GREYHOUND LINES, 16 Ohio St.2d 6 (1968)
241 N.E.2d 904 THE STATE, EX REL. FOLEY, APPELLEE, v. GREYHOUND LINES, INC., ET AL., APPELLANTS. No. 68-113Supreme Court of Ohio. Decided November 13, 1968. Workmen’s compensation — Compensation denied — Mandamus not available, when — Appeal to Common Pleas Court available. Where, under Section 4123.519, Revised Code, an appeal by an injured workman from […]
MARTIN v. INDUSTRIAL COMM., 84 Ohio St.3d 361 (1999)
703 N.E.2d 1274 THE STATE EX REL. MARTIN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 98-1069Supreme Court of Ohio.Submitted November 10, 1998 Decided January 20, 1999. APPEAL from the Court of Appeals for Franklin County, No. 97APD04-666. Larrimer Larrimer and David H. Swanson, for appellant. Betty D. Montgomery, Attorney General, and C. […]
CUNNINGHAM v. WILLIAMS, 119 Ohio St.3d 1404 (2008)
2008-Ohio-3880 Cunningham v. Williams. No. 2008-1102.Supreme Court of Ohio. August 6, 2008. In Habeas Corpus. On petition for writ of habeas corpus of Gregory Cunningham. Sua sponte, cause dismissed. MERIT DECISIONS WITHOUT OPINIONS MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.
SCHAENGOLD v. PUBLIC EMPLOYEES RETIRE., 114 Ohio St.3d 147 (2007)
2007-Ohio-3760, 870 N.E.2d 719 THE STATE EX REL. SCHAENGOLD, APPELLANT, v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ET AL., APPELLEES. No. 2006-1920.Supreme Court of Ohio.Submitted July 10, 2007. Decided August 8, 2007. APPEAL from the Court of Appeals for Franklin County, No. 05AP-1002, 2006-Ohio-5093. Per Curiam. {¶ 1} This is an appeal from a judgment denying […]
HENRY v. CENTRAL NATL. BANK, 16 Ohio St.2d 16 (1968)
242 N.E.2d 342 HENRY ET AL., APPELLEES, v. CENTRAL NATIONAL BANK, EXR., ET AL.; THOMAS ET AL., APPELLANTS. HENRY ET AL., APPELLEES, v. CENTRAL NATIONAL BANK, EXR., APPELLANT, ET AL. HENRY ET AL., APPELLEES, v. CENTRAL NATIONAL BANK, EXR. ET AL.; NATIONAL BANK TRUST CO. OF CENTRAL PENNSYLVANIA, EXR., ET AL., APPELLANTS. Nos. 68-154, 68-163 […]
MOTION DOCKET, 91 Ohio St.3d 1491 (2001)
745 N.E.2d 438Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Wednesday April 11, 200199-570. DeRolph v. State. Perry C.P. No. 22043. This cause is pending before the court as an appeal of right from the Court of Common Pleas of Perry County. IT IS ORDERED by the court, sua sponte, that oral argument currently scheduled […]
DISCIPLINARY COUNSEL v. HARDESTY, 80 Ohio St.3d 444 (1997)
687 N.E.2d 417 OFFICE OF DISCIPLINARY COUNSEL v. HARDESTY. No. 97-1301Supreme Court of Ohio.Submitted August 26, 1997 — Decided December 31, 1997. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 95-23. In 1993, the Hancock County Court of Common Pleas imposed a sanction in the amount […]
IN RE SUPER, 118 Ohio St.3d 1416 (2008)
2008-Ohio-2557 In re Report of the Commission On Continuing Legal Education Edward Alfred Super (# 0076552), Respondent. Case No. CLE-06-76552.Supreme Court of Ohio. May 30, 2008. 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 […]
OHIO CONSUMERS’ COUNSEL v. PUB. UTIL. COMM., 110 Ohio St.3d 1401 (2006)
2006-Ohio-3295, 850 N.E.2d 64 Ohio Consumers’ Counsel v. Pub. Util. Comm. 2006-0788.Supreme Court of Ohio. June 29, 2006. Public Utilities Commission, No. 05-276-EL-AIR. This cause is pending before this court as an appeal from the Public Utilities Commission. Upon consideration of the motion of Industrial Energy Users-Ohio for leave to intervene as an appellee or, […]
DISMISSALS, SUA SPONTE, 55 Ohio St.3d 703 (1990)
562 N.E.2d 893-899Supreme Court of Ohio. 1990. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND JURISDICTIONAL MOTIONS OVERRULED Wednesday, October 24, 1990 90-509. State v. Lewis. Greene County, No. 88-CA-91. Holmes and Wright, JJ., dissent. 90-1049. In re Gibson. Miami County, No. 89-CA-50. Holmes, Douglas and H. Brown, JJ., dissent. 90-1153. State v. Parr. Cuyahoga County, […]
HILLIS v. HUMPHREY, 107 Ohio St.3d 1701 (2005)
2005-Ohio-6763 HILLIS v. HUMPHREY. 2005-1456.Supreme Court of Ohio. December 29, 2005. Perry App. No. 05CA6, 2005-Ohio-3459. Reported at 107 Ohio St.3d 1410, 2005-Ohio-5859, 836 N.E.2d 1230. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.