732 N.E.2d 397Supreme Court of Ohio. 2000. ADMINISTRATIVE DOCKET 1. A proposed amendment to S.Ct.Prac.R. VIII(4)(B) (mechanical requirements; electronic copies of opinions) will be published for public comment. Page 1460
Category: Ohio Supreme Court Opinions
APPEALS NOT ACCEPTED FOR REVIEW, 100 Ohio St.3d 1530 (2003)
2003-Ohio-6458, 800 N.E.2d 47Supreme Court of Ohio. Case Announcements and Administrative Actions, December 10, 2003. APPEALS NOT ACCEPTED FOR REVIEW 2003-1425. State v. Evans. Jefferson App. No. 02JE11, 153 Ohio App.3d 226, 2003-Ohio-3475. 2003-1589. Douglass v. Salem Community Hosp. Columbiana App. No. 2002CO07, 153 Ohio App.3d 350, 2003-Ohio-4006. Discretionary appeal and cross-appeal not accepted. O’Donnell, […]
MERIT DOCKET, 75 Ohio St.3d 1402 (1996)
661 N.E.2d 752Supreme Court of Ohio. 1996. MERIT DOCKET Wednesday, March 6, 1996 95-2551. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. 96-47. Cox v. Court of Appeals, […]
SMALLEY v. LINZ, 120 Ohio St.3d 1490 (2009)
2009-Ohio-278 Smalley v. Linz. No. 2008-1897.Supreme Court of Ohio. January 28, 2009. Cuyahoga App. No. 90359, 2008-Ohio-3855. APPEALS NOT ACCEPTED FOR REVIEW.
CONSUMERS’ COUNSEL v. PUB. UTIL. COMM., 1 Ohio St.3d 22 (1982)
437 N.E.2d 586 OFFICE OF CONSUMERS’ COUNSEL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. No. 81-1862Supreme Court of Ohio. Decided July 14, 1982. Public Utilities Commission — Complaint as to reasonableness of rates in light of new law — Rate increase unlawful and unreasonable, when. APPEAL from the Public Utilities Commission of […]
KALMBACH v. WHEELING LAKE ERIE RY. CO., 132 Ohio St. 256 (1937)
6 N.E.2d 981 KALMBACH, APPELLEE v. WHEELING LAKE ERIE RY. CO. ET. AL., APPELLANTS. No. 26352Supreme Court of Ohio. Decided February 3, 1937. Supreme Court — Dismissals — No debatable constitutional question involved — Negligence — Objectionable charge to jury as denial of due process of law — Article XIV, U.S. Constitution — As denial […]
OWNER-OPERATOR INDEP. DRIVERS v. STAFFORD, 119 Ohio St.3d 1414 (2008)
2008-Ohio-3880 Owner-Operator Indep. Drivers Risk Retention Group v. Stafford. No. 2008-0891.Supreme Court of Ohio. August 6, 2008. Marion App. No. 9-07-46, 2008-Ohio-1347. APPEALS NOT ACCEPTED FOR REVIEW CUPP, J., not participating.
DISMISSALS, SUA SPONTE, 88 Ohio St.3d 1413 (2000)
723 N.E.2d 118Supreme Court of Ohio. 2000. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION ANDDISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED99-2097. Johnson v. Allied Signal, Inc. Portage App. No. 98-P-0063. PFEIFER, J., dissents. 99-2100. State v. Mason. Hamilton App. No. C-990060. MOYER, C.J., and COOK, J., would allow on Proposition of Law No. II and hold […]
STATE v. RICHARDSON, 74 Ohio St.3d 235 (1996)
658 N.E.2d 273 THE STATE OF OHIO, APPELLEE, v. RICHARDSON, APPELLANT. No. 95-844Supreme Court of Ohio.Submitted September 12, 1995 — Decided January 10, 1996. APPEAL from the Court of Appeals for Cuyahoga County, No. 59803. Appellant, Lemuel Richardson, was convicted of one count of aggravated burglary with specifications and one count of theft with specifications. […]
STATE v. NERO, 56 Ohio St.3d 106 (1990)
564 N.E.2d 474 THE STATE OF OHIO, APPELLANT, v. NERO, APPELLEE. No. 89-1675Supreme Court of Ohio.Submitted October 23, 1990 — Decided December 19, 1990. Criminal law — Rape — Plea of guilty accepted by court — Duty of trial court to advise defendant that he was not eligible for probation — Substantial compliance with Crim. […]
WALKER v. THOMAS, 116 Ohio St.3d 1471 (2007)
2008-Ohio-153 Walker v. Thomas. No. 2007-2247.Supreme Court of Ohio. January 23, 2008. In Habeas Corpus. MERIT DECISIONS WITHOUT OPINIONS On petition for writ of habeas corpus of Thaddeus Walker. Sua sponte, cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.
MOTION DOCKET, 60 Ohio St.3d 706 (1991)
573 N.E.2d 665-676Supreme Court of Ohio. 1991. MOTION DOCKET Monday, May 20, 1991 89-454. State v. Landrum. Ross County, No. 1330. UPON CONSIDERATION of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the exhaustion of state post-conviction remedies, IT IS ORDERED by the court that […]
ST. WELO v. CUYAHOGA CTY. BD. OF ELECTIONS, 67 Ohio St.3d 434 (1993)
619 N.E.2d 684 THE STATE EX REL. WELO v. CUYAHOGA COUNTY BOARD OF ELECTIONS ET AL. No. 93-1707Supreme Court of Ohio.Submitted September 14, 1993 — Decided September 17, 1993. IN MANDAMUS. Anthony T. Malloy, for relator. Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney Patrick J. Murphy and Michael P. butler, Assistant Prosecuting Attorneys, for respondent […]
IN RE RESIGNATION OF GANDER, 2010-1135 (9-8-2010)
2010-Ohio-4201 In re Resignation of Gander. No. 2010-1135.Supreme Court of Ohio. September 8, 2010. DISCIPLINARY CASES On affidavit of resignation from the practice of law of Van Abram Gander, Attorney Registration No. 0039344, and on report filed under seal by Disciplinary Counsel. Resignation accepted with disciplinary action pending. Page 1
STATE v. HARROLD, 99 Ohio St.3d 473 (2003)
2003-Ohio-4166, 793 N.E.2d 482 The State of Ohio, Appellee, v. Harrold, Appellant. No. 2002-2236 and 2003-0180.Supreme Court of Ohio.Submitted July 8, 2003. Decided August 27, 2003. Appeal from and Certified by the Court of Appeals for Summit County, No. 21143, 2002-Ohio-6115. {¶ 1} The judgment of the court of appeals is reversed, and the cause […]
OHIOANS FOR CONCEALED CARRY v. CLYDE, 115 Ohio St.3d 1408 (2007)
2007-Ohio-4884 Ohioans For Concealed Carry, Inc. v. Clyde. No. 2007-0960.Supreme Court of Ohio. September 26, 2007. Sandusky App. Nos. S-06-039 and S-06-040, 2007-Ohio-1733. APPEALS ACCEPTED FOR REVIEW.
BUTLER CTY. JOINT VOCAT. v. ANDREWS, 117 Ohio St.3d 1442 (2008)
2008-Ohio-1279 Butler Cty. Joint Vocational School Dist. Bd. of Edn. v. Andrews. No. 2007-2370.Supreme Court of Ohio. March 26, 2008. Butler App. No. CA2006-10-245, 2007-Ohio-5896. APPEALS NOT ACCEPTED FOR REVIEW.
MARALGATE, L.L.C. v. GREENE CTY. BD. OF REVISION, 2010-1769 (10-26-2011)
2011-Ohio-5448 Maralgate, L.L.C., Appellee, v. Greene County Board of Revision et al., Appellants. No. 2010-1769.Supreme Court of Ohio.Submitted October 18, 2011. Decided October 26, 2011. APPEAL from the Board of Tax Appeals, No. 2008-M-644. Rogers Greenberg, L.L.P., James G. Kordik, and David M. Pixley, for appellee. James R. Gorry, for appellants. PER CURIAM. {¶ 1} […]
STATE v. PARKER, 118 Ohio St.3d 1512 (2008)
2008-Ohio-3369 State v. Parker. No. 2008-0439.Supreme Court of Ohio. July 9, 2008. Cuyahoga App. No. 82687, 2008-Ohio-215. RECONSIDERATION OF PRIOR DECISIONS Reported at 117 Ohio St.3d 1500, 2008-Ohio-2028, 885 N.E.2d 956. On motion for reconsideration. Motion denied.
DISCRETIONARY APPEALS NOT ALLOWED, 93 Ohio St.3d 1466 (2001)
757 N.E.2d 377Supreme Court of Ohio. 2001. DISCRETIONARY APPEALS NOT ALLOWED Announcement Wednesday October 10, 2001.01-1258. Luckenbill v. Midwestern Indemn. Co. Darke App. No. 01CA1536. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.
MATZ v. CURTIS CARTAGE CO., 132 Ohio St. 271 (1937)
7 N.E.2d 220 MATZ, ADMR., APPELLEE v. THE J. L. CURTIS CARTAGE CO., APPELLANT. No. 25886Supreme Court of Ohio. Decided March 17, 1937. Negligence — Motor vehicles — Assured clear distance — Section 12603, General Code — Driver forced, by oncoming automobile, into unlighted parked truck — Public Utilities Commission — Section 614-86, General Code […]
CARPENTER v. SCANLON, 168 Ohio St. 139 (1958)
151 N.E.2d 561 CARPENTER, APPELLEE v. SCANLON, ADMR., BUREAU OF WORKMEN’S COMPENSATION; GENERAL MOTORS CORP., FRIGIDAIRE DIVISION, APPELLANT. No. 35404Supreme Court of Ohio. Decided June 18, 1958. Workmen’s compensation — Appeal to Common Pleas Court — Section 4123.519, Revised Code — “Decision as to the extent of disability” construed — Finding claimant’s ailment not related […]
VOLODKEVICH v. VOLODKEVICH, 35 Ohio St.3d 152 (1988)
518 N.E.2d 1208 VOLODKEVICH, APPELLEE, v. VOLODKEVICH, APPELLANT. No. 87-62Supreme Court of Ohio. Decided February 17, 1988. Civil procedure — Relief from judgment — Judge’s participation in case which gives rise to appearance of impropriety and possible bias — Civ. R. 60(B)(5). O.Jur 3d Courts and Judges §§ 139, 142. O.Jur 3d Judgments §§ 609, […]
STATE, EX REL. CASALE, v. MCLEAN, 58 Ohio St.3d 163 (1991)
569 N.E.2d 475 THE STATE, EX REL. CASALE ET AL., APPELLEES, v. MCLEAN, ZONING INSPECTOR, APPELLANT. No. 90-172Supreme Court of Ohio.Submitted January 22, 1991 — Decided March 27, 1991. Zoning — Mandamus to compel zoning inspector to issue a zoning certificate in accordance with a variance issued by board of zoning appeals granted, when — […]
MEDIATION REFERRALS, 96 Ohio St.3d 1481 (2002)
774 N.E.2d 271Supreme Court of Ohio. 2002. MEDIATION REFERRALS Case Announcements and Administrative Actions August 27, 2002 The following cases have been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): 2002-1052. Berea Bd. of Edn. v. Cuyahoga Cty. Aud. Board of Tax Appeals, Nos. 99-J-1920, 99-J-1921, 99-J-1942 and 99-J-1944.
STATE v. HARMON, 104 Ohio St.3d 1410 (2004)
2004-Ohio-6364, 818 N.E.2d 711 State v. Harmon. No. 2004-1529.Supreme Court of Ohio. Decided December 1, 2004. Logan App. No. 8-04-01, 2004-Ohio-4012. APPEALS NOT ACCEPTED FOR REVIEW
SMITH v. FRIENDSHIP VILLAGE OF DUBLIN, OHIO, INC., 92 Ohio St.3d 503 (2001)
751 N.E.2d 1010 Smith, Appellee, v. Friendship Village of Dublin, Ohio, Inc., Appellant. Nos. 00-1456 and 00-1553.Supreme Court of Ohio.Submitted May 16, 2001. Decided August 15, 2001. Appeal from and Certified by the Court of Appeals for Franklin County, No. 99AP-1332. FRANCIS E. SWEENEY, SR., J. This appeal stems from a handicap discrimination claim brought […]
STATE v. THOMPSON, 111 Ohio St.3d 1430 (2006)
2006-Ohio-5351 State v. Thompson. No. 2006-1650.Supreme Court of Ohio. October 18, 2006. Franklin App. No. 05AP-1268, 2006-Ohio-3440 MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., and LUNDBERG STRATTON, J., dissent.
HALL v. ROSEN, 50 Ohio St.2d 135 (1977)
363 N.E.2d 725 HALL ET AL., APPELLEES, v. ROSEN, APPELLANT. No. 76-971Supreme Court of Ohio. Decided June 8, 1977. Child support — Marriage during pregnancy — Husband’s duty to support child — Biological father not liable, when. The biological father of a child can not be held for its support where the mother, during pregnancy, […]
TORPEY v. STATE, 54 Ohio St.2d 398 (1978)
377 N.E.2d 763 TORPEY, APPELLEE, v. THE STATE OF OHIO, DEPT. OF REHABILITATION AND CORRECTION ET AL., APPELLANTS. No. 77-744Supreme Court of Ohio. Decided June 21, 1978. Court of Claims — Liability of state employees — Jury trial available to determine, when. Prior to February 7, 1978, a claimant who sued the state in the […]
CLEVELAND BAR ASSOCIATION v. KRAUS, 125 Ohio St.3d 1204 (2010)
2010-Ohio-3088, 928 N.E.2d 1108 CLEVELAND BAR ASSN. v. KRAUS. No. 2007-1547.Supreme Court of Ohio.Submitted April 20, 2010. Decided April 30, 2010. ON APPLICATION FOR REINSTATEMENT. {¶ 1} This cause came on for further consideration upon the filing of an application for reinstatement by respondent, David P. Kraus, Attorney Registration No. 0039592, last known business address […]
DUNVILLE v. EID, 63 Ohio St.3d 1213 (1992)
590 N.E.2d 748 DUNVILLE ET AL., APPELLANTS, v. EID, APPELLEE. No. 91-890Supreme Court of Ohio.Submitted April 14, 1992 — Decided May 20, 1992. APPEAL from the Court of Appeals for Hamilton County, No. C-890826. John H. Metz, for appellants. Kohnen, Patton Hunt, Ann Ruley Combs and Karen A. Carroll, for appellee. The appeal is dismissed, […]
IN RE CUSHION, 85 Ohio St.3d 1472 (1999)
709 N.E.2d 845 In re resignation of Cushion. No. 99-670.Supreme Court of Ohio. May 6, 1999. On April 7, 1999, and pursuant to Gov.Bar R. V(5)(A)(3), the Secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio certified to the Supreme Court a certified copy of a judgment entry […]
PHILLIPS v. IRWIN, 96 Ohio St.3d 350 (2002)
774 N.E.2d 1218 Phillips, Appellant, v. Irwin, Sheriff, Appellee. No. 2002-0907.Supreme Court of Ohio.Submitted August 27, 2002. Decided September 25, 2002. Appeal from the Court of Appeals for Greene County, No. 02-CA-28. Per Curiam. {¶ 1} In March 2002, appellant, Betty Jane Phillips, filed a petition for a writ of habeas corpus to compel appellee, […]
STATE EX REL. FAIRCHILD v. INDUS. COMM., Unpublished Decision (10-13-1999)
State ex rel. Fairchild v. Indus. Comm. No. 99-133.Supreme Court of Ohio. October 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Franklin App. No. 97APD12-1705. Judgment affirmed consistent with the opinion of the court of appeals. Moyer, C.J., Douglas, Resnick, Pfeifer, Cook and Lundberg Stratton, JJ., concur. F.E. Sweeney, […]
STATE v. TREWARTHA, 110 Ohio St.3d 1413 (2006)
2006-Ohio-3306, 850 N.E.2d 73 State v. Trewartha. 2006-0854.Supreme Court of Ohio. July 5, 2006. Franklin App. No. 04AP-963, 165 Ohio App.3d 91, 2005-Ohio-5697.
MOTION DOCKET, 68 Ohio St.3d 1414 (1993)
623 N.E.2d 1213Supreme Court of Ohio. 1993. MOTION DOCKET Tuesday, December 21, 1993 89-1291. State v. Sneed. Stark County, No. CA-6976. UPON CONSIDERATION of the motion filed by counsel for appellant to continue stay of execution in the above-styled cause pending the exhaustion of state post-conviction remedies, and it appearing from the exhibits to the […]
IN RE REPORT OF THE COMM. 98 TERM, 83 Ohio St.3d 1444 (1998)
700 N.E.2d 329 In re Report of the Commission 1998 TERM on Continuing Legal Education. Robert Alan Lavercombe, No. 0017636Supreme Court of Ohio. October 5, 1998 MISCELLANEOUS DOCKET This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the “commission”) pursuant to Gov.Bar R. X(6)(A)(1)(b) and […]
MOTION DOCKET, 63 Ohio St.3d 1409 (1992)
585 N.E.2d 833-837Supreme Court of Ohio. 1992. MOTION DOCKET Wednesday, February 26, 1992 90-2236. State v. D’Ambrosio. Cuyahoga County, No. 57448. On motion for leave to supplement the record. Motion granted. 91-995. State, ex rel. Miller, v. Rear Door Bookstore Franklin County, No. 90AP-986. On motion to strike additional authorities. Motion denied. WRIGHT and RESNICK, […]
RECONSIDERATION OF PRIOR DECISIONS, 98 Ohio St.3d 1568 (2003)
787 N.E.2d 1232Supreme Court of Ohio. 2003. RECONSIDERATION OF PRIOR DECISIONS Case Announcements and Administrative Actions May 7, 20032002-2014. Murphy v. Ohio Dept. of Rehab. Corr. Franklin App. No. 02AP-132, 2002-Ohio-5170. Reported at 98 Ohio St.3d 1478, 2003-Ohio-974, 784 N.E.2d 711. On motion for reconsideration. Motion denied. 2002-2018. Edmonson v. Premier Indus. Corp. Cuyahoga App. […]
NORANDEX, INC. v. LIMBACH, 69 Ohio St.3d 26 (1994)
630 N.E.2d 329 NORANDEX, INC., APPELLEE AND CROSS-APPELLANT, v. LIMBACH, TAX COMMR., APPELLANT AND CROSS-APPELLEE. No. 92-2456Supreme Court of Ohio.Submitted December 15, 1993 — Decided April 20, 1994. APPEAL and CROSS-APPEAL from the Board of Tax Appeals, No. 89-D-934. The Tax Commissioner, appellant and cross-appellee, contests the Board of Tax Appeals’ (“BTA’s”) order that no […]
STATE v. KERBY, 107 Ohio St.3d 1682 (2005)
2005-Ohio-6623 State v. Kerby. 2005-1581.Supreme Court of Ohio. December 15, 2005. Clark App. No. 03CA0048, 162 Ohio App.3d 353, 2005-Ohio-3734. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and cross-appeal not accepted.
NEWELL v. JACKSON, 116 Ohio St.3d 1446 (2007)
2007-Ohio-6742 State ex rel. Newell v. Jackson. No. 2007-1925.Supreme Court of Ohio. December 18, 2007. Jackson App. No. 06CA20. MEDIATION REFERRALS Page 1447
ALLISON v. FISCUS, 156 Ohio St. 120 (1951)
100 N.E.2d 237 ALLISON, APPELLEE v. FISCUS, APPELLANT. No. 32419Supreme Court of Ohio. Decided July 18, 1951. Trespass — Force justified by owner in protecting property — Against person feloniously attempting to steal — Against mere trespasser or pilferer — Owner’s liability when using trap, spring gun, or dangerous instrumentality — Trespasser not entitled to […]
COMMERCIAL MOTOR FRT., INC. v. P. U. C., 133 Ohio St. 75 (1937)
11 N.E.2d 701 COMMERCIAL MOTOR FREIGHT, INC., ET AL., APPELLANTS v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 26634Supreme Court of Ohio. Decided December 8, 1937. Public Utilities Commission — Motor transportation companies — Certificate of public convenience and necessity — Extension of express company route after railroad stops discontinued. APPEAL from the Public Utilities […]
SCHILLING v. STATE, 83 Ohio St.3d 1445 (1998)
700 N.E.2d 330 Schilling v. State. NO. 98-1823.Supreme Court of Ohio. October 7, 1998. In Habeas Corpus. Sua sponte, cause dismissed. MOYER, CJ., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
IN RE MALONEY, 86 Ohio St.3d 1463 (1999)
715 N.E.2d 566 In re Maloney. No. 99-1236.Supreme Court of Ohio. Announcement: September 1, 1999. APPEAL from Columbiana App. No. 95CO74. PFEIFER, J., dissents. Page 1464
SPITZNAGEL v. STATE BD. OF EDN., 120 Ohio St.3d 1440 (2008)
2008-Ohio-6376 Spitznagel v. State Bd. of Edn. No. 2008-2217.Supreme Court of Ohio. December 9, 2008. Franklin App. No. 07AP-757, 2008-Ohio-6080. MISCELLANEOUS DISMISSALS. This cause is pending before the court as a discretionary appeal. Upon consideration of the joint application for dismissal, It is ordered by the court that the application for dismissal is granted. Accordingly, […]
STATE v. BOWLING GREEN, 38 Ohio St.2d 281 (1974)
313 N.E.2d 409 THE STATE OF OHIO, TRUSTEE, APPELLEE, v. CITY OF BOWLING GREEN, APPELLANT. No. 73-182Supreme Court of Ohio. Decided June 26, 1974. Municipal corporations — Sovereign immunity — Doctrine inapplicable, when — Negligence action by state against municipality — Fish and game — Damage to wildlife by municipal corporation — Action to recover […]
ESTATE OF WILLIAMS v. DEUTSCHE BANK, 122 Ohio St.3d 1408 (2009)
2009-Ohio-2751 Estate of Williams v. Deutsche Bank Trust Co. Am. No. 2008-2136.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 90967, 2008-Ohio-3981. MOTION AND PROCEDURAL RULINGS. On motion for leave to file judicial review in United States District Court or, in the alternative, motion to vacate or set aside judgment. Motion denied. O’DONNELL, J., […]
MERIT DOCKET, 70 Ohio St.3d 1464 (1994)
640 N.E.2d 526-530Supreme Court of Ohio. 1994. MERIT DOCKET Thursday, October 13, 1994 94-2154. Daniels v. Nunez. In Prohibition. This cause originated in this court on the filing of a emergency complaint for a writ of prohibition and was considered in a manner prescribed by law. Upon consideration thereof, IT IS ORDERED by the court […]
HOLMAN v. BOZSIK, 106 Ohio St.3d 1480 (2005)
2005-Ohio-3978, 832 N.E.2d 734 HOLMAN v. BOZSIK. No. 2005-1063.Supreme Court of Ohio. August 10, 2005. Medina App. No. 05CA0034-M. MOTION AND PROCEDURAL RULINGS On motion for stay of trial court order. Motion denied.
STATE v. ABRAMS, 39 Ohio St.2d 53 (1974)
313 N.E.2d 823 THE STATE OF OHIO, APPELLEE, v. ABRAMS, APPELLANT. No. 73-587Supreme Court of Ohio. Decided July 3, 1974. Criminal procedure — Charge to jury — Communication by judge to jury in absence of accused — Nonprejudicial error, when — Offer to reread part of charge — After jury requests elaboration — Election by […]
STATE v. DUNCAN, 117 Ohio St.3d 1408 (2008)
2008-Ohio-565 State v. Duncan. No. 2007-1707.Supreme Court of Ohio. February 20, 2008. Clark App. No. 2006CA109, 2007-Ohio-4079. RECONSIDERATION OF PRIOR DECISIONS. Reported at 116 Ohio St.3d 1457, 2007-Ohio-6803, 878 N.E.2d 34. On motion for reconsideration. Motion denied. Page 1409
IN RE HOFFMAN, 97 Ohio St.3d 92 (2002)
776 N.E.2d 485 In re Hoffman. No. 2002-0246.Supreme Court of Ohio.Submitted June 26, 2002. Decided October 23, 2002. Certified by the Court of Appeals for Stark County, No. 2001CA00207, 2001-Ohio-1816. Page 93 Alice Robie Resnick, J. {¶ 1} On April 18, 2000, Stark County Department of Human Services (“SCDHS”) filed a complaint seeking temporary custody […]
STATE v. TROUTMAN, 71 Ohio St.3d 618 (1995)
646 N.E.2d 460 THE STATE OF OHIO, APPELLEE, v. TROUTMAN, APPELLANT. No. 94-2220Supreme Court of Ohio.Submitted January 10, 1995 — Decided March 22, 1995. APPEAL from the Court of Appeals for Lorain County, Nos. 93CA005686, 93CA005687 and 93CA005688. Appellant, Coy R. Troutman, was convicted of engaging in a pattern of corrupt activity, two counts of […]
STATE v. QUEBODEAUX, 119 Ohio St.3d 1475 (2008)
2008-Ohio-4911 State v. Quebodeaux. No. 2008-1162.Supreme Court of Ohio. October 1, 2008. Huron App. No. H-07-036, 2008-Ohio-2206. APPEALS NOT ACCEPTED FOR REVIEW.
STATE, EX REL. RHODES, v. VAN BROCKLIN, 36 Ohio St.3d 236 (1988)
522 N.E.2d 1088 THE STATE, EX REL. RHODES, APPELLANT, v. VAN BROCKLIN, APPELLEE. No. 88-17Supreme Court of Ohio. Decided May 11, 1988. Mandamus — Writ denied when adequate remedy at law exists. APPEAL from the Court of Appeals for Mahoning County. Vincent C. Rhodes, pro se. Gary L. Van Brocklin, prosecuting attorney, and Mary Jane […]
MOTION DOCKET, 75 Ohio St.3d 1474 (1996)
663 N.E.2d 1300, 1305Supreme Court of Ohio. 1996. MOTION DOCKET Wednesday, May 8, 1996 87-1614. State v. Benner. Summit County, No. 12664. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied and execution date set. 88-717. State v. Tyler. Cuyahoga County, No. 51696. On motion for reconsideration under S.Ct.Prac.R. XI(1)(B). Motion denied. 89-2128. State v. […]
STATE, EX REL. v. BLDG. COMM., 125 Ohio St. 301 (1932)
181 N.E. 129 THE STATE, EX REL. UNITED DISTRICT HEATING, INC. v. STATE OFFICE BUILDING COMMISSION ET AL. No. 23206Supreme Court of Ohio. Decided March 23, 1932. Mandamus — Contract for steam and electrical transmission lines to State Office Building — Writ lies to compel award to lowest bidder — Exclusive employment of union or […]
STATE v. DAILEY, 53 Ohio St.3d 88 (1990)
559 N.E.2d 459 THE STATE OF OHIO, APPELLANT, v. DAILEY, APPELLEE. No. 89-1174Supreme Court of Ohio.Submitted May 15, 1990 — Decided August 8, 1990. Criminal law — Miranda warnings given to accused need not be a virtual incantation of the precise language contained in the Miranda opinion — Suspect’s decision to waive Fifth Amendment privilege […]
STATE EX REL. AT T TECHNOLOGIES, INC. v. FELTY, 67 Ohio St.3d 118 (1993)
616 N.E.2d 226 THE STATE EX REL. AT T TECHNOLOGIES, INC., APPELLANT, v. FELTY ET AL., APPELLEES. No. 92-2182Supreme Court of Ohio.Submitted June 1, 1993 — Decided August 11, 1993. APPEAL from the Court of Appeals for Franklin County, No. 91AP-775. In 1976, appellee-claimant, Pearl Felty, was injured in the course of and arising from […]
KEPPEL v. JACK KEPPEL ESTATE, 76 Ohio St.3d 231 (1996)
667 N.E.2d 360 KEPPEL, APPELLEE, v. JACK KEPPEL ESTATE; NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT. No. 96-312Supreme Court of Ohio.Submitted July 10, 1996 — Decided August 7, 1996. Page 232 CERTIFIED by the Court of Appeals for Lorain County, No. 95CA006157. Weston, Hurd, Fallon, Paisley Howley, Timothy D. Johnson an Gregory E. O’Brien, for appellant. The […]
STEEL CO. v. BOWERS, 173 Ohio St. 74 (1962)
179 N.E.2d 915 PITTSBURGH STEEL CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE. No. 37061Supreme Court of Ohio. Decided January 31, 1962. Taxation — Iron ore stored in storage facilities — Used by nonresident in manufacturing in foreign state — Not personal property used in business in Ohio — Not subject to taxation. Storage facilities designed […]
IN RE A.H.P.: P.J.C. v. LINZELL, DIR., 167 Ohio St. 92 (1957)
146 N.E.2d 306 IN RE APPROPRIATION FOR HIGHWAY PURPOSES: P.J.C., INC., APPELLANT, v. LINZELL, DIR., APPELLEE. No. 35296Supreme Court of Ohio. Decided November 13, 1957. Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property — Director of Highways — Resolution of inability to purchase — Finding of value — Appeal […]
STATE, EX REL. KOONCE, v. INDUS. COMM., 18 Ohio St.3d 60 (1985)
479 N.E.2d 876 THE STATE, EX REL. KOONCE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL. No. 84-884Supreme Court of Ohio. Decided June 26, 1985. Workers’ compensation — Stress incontinence — Termination of benefits — Allegation of fraud — Commission must make specific finding as to fraud issue. APPEAL from the Court of Appeals […]
STATE v. WRIGHT, 114 Ohio St.3d 1414 (2007)
2007-Ohio-2632 State ex rel. Summers v. Wright. No. 2007-0105.Supreme Court of Ohio. June 6, 2007. Appeal from the In Mandamus. Reported at 113 Ohio St.3d 1438, 2007-Ohio-1266, 863 N.E.2d 655. RECONSIDERATION OF PRIOR DECISIONS. On motion for reconsideration. Motion denied.
STATE v. STEELE, 104 Ohio St.3d 1441 (2004)
2004-Ohio-7033, 819 N.E.2d 1124 State v. Steele. No. 2004-1640.Supreme Court of Ohio. Decided December 29, 2004. Cuyahoga App. No. 83388, 2004-Ohio-4628. APPEALS NOT ACCEPTED FOR REVIEW
VINCENZO v. NEWHART, 11 Ohio St.2d 63 (1967)
227 N.E.2d 627 VINCENZO, APPELLANT, v. NEWHART, APPELLEE. No. 40665Supreme Court of Ohio. Decided June 28, 1967. Evidence — Privileged communications — Section 2317.02, Revised Code — Physician and patient — Plaintiff’s attending physician called by defendant — May testify without patient’s waiver, when. APPEAL from the Court of Appeals for Ashtabula County. The facts […]
DISCIPLINARY COUNSEL v. GOETZ, 107 Ohio St.3d 22 (2005)
2005-Ohio-5830, 836 N.E.2d 556 DISCIPLINARY COUNSEL v. GOETZ. No. 2004-2107.Supreme Court of Ohio.Submitted June 15, 2005. Decided November 16, 2005. ON FINAL REPORT by the Board on the Unauthorized Practice of Law of the Supreme Court, No. UPL 04-03. Page 23 Per Curiam. {¶ 1} On February 12, 2004, relator, Disciplinary Counsel, charged that respondent, […]
DAYTON v. P.U.C.O., 174 Ohio St. 604 (1963)
190 N.E.2d 913 CITY OF DAYTON, APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. THE DAYTON POWER LIGHT CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.) Nos. 37110, 37111 and 37112Supreme Court of Ohio. Decided May 31, 1963. Public utilities — Gas companies — Rate of return — Statutory rate […]
KUHNLE v. ZANDER, 103 Ohio St.3d 474 (2004)
2004-Ohio-5699, 816 N.E.2d 1071 Kuhnle, Special Admr., Appellant, v. Zander et al.; Allstate Insurance Company, Appellee. No. 2004-0164.Supreme Court of Ohio.Submitted October 13, 2004. Decided November 10, 2004. APPEAL from the Court of Appeals for Lucas County, No. L-03-1157, 2003-Ohio-7265. {¶ 1} The judgment of the court of appeals is affirmed on the authority of […]
PANKEY v. ADULT PAROLE AUTH., 86 Ohio St.3d 1435 (1999)
713 N.E.2d 1047 Pankey v. Ohio Adult Parole Auth. No. 99-1126.Supreme Court of Ohio. August 4, 1999. In Habeas Corpus. On petition for writ of habeas corpus by Benjamin Pankey and request for production of documents. Sua sponte, cause dismissed. MOYER, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
STATE, EX REL. v. WILLIAMS, 111 Ohio St. 400 (1924)
145 N.E. 542 THE STATE, EX REL. OSBORNE, CITY SOLICITOR v. WILLIAMS, DIRECTOR OF FINANCE. No. 18788Supreme Court of Ohio. Decided December 2, 1924. Municipal corporations — Assessments — Home-rule charter provisions yield to state statutes. IN MANDAMUS. Mr. William E. Lewis, for relator. Mr. Ralph R. Miller, for defendant. BY THE COURT. This cause […]
JURISDICTIONAL MATTERS NOT ALLOWED, 69 Ohio St.3d 1477 (1994)
634 N.E.2d 1023, 1029Supreme Court of Ohio. 1994. JURISDICTIONAL MATTERS NOT ALLOWED Wednesday, June 29, 1994 94-91. State v. O’Brien. Franklin County, No. 93AP-353. WRIGHT, J., not participating. 94-241. Forest City Mgt., Inc. v. Internatl. Total Serv., Inc Cuyahoga County, No. 64188. 94-326. Ferrari v. Ferrari. Lake County, No. 93-L-058. MOYER, C.J., WRIGHT and RESNICK, […]
IN RE REPORT OF COMM. ON CONTINUING LEGAL EDUC., 105 Ohio St.3d 1520 (2005)
2005-Ohio-1995 In re Report of the Commission on Continuing Legal Education. Charles Davis Lowe (#0033209), Respondent. Supreme Court of Ohio. April 28, 2005. MISCELLANEOUS ORDER This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the “commission”) pursuant to Gov.Bar R. X(6)(A)(1)(b) and (2)(d). The commission […]
STATE, EX REL. OVERMYER v. WALINSKI, JUDGE, 8 Ohio St.2d 23 (1966)
222 N.E.2d 312 THE STATE, EX REL. OVERMEYER v. WALINSKI, JUDGE OF THE COMMON PLEAS COURT OF LUCAS COUNTY. No. 40429Supreme Court of Ohio. Decided December 14, 1966. Summary judgment — Order denying motion for, not final order — Mandamus — Not used as substitute for appeal — Or to create appeal from interlocutory order. […]
MISCELLANEOUS DISMISSALS, 78 Ohio St.3d 1469 (1997)
678 N.E.2d 578-580Supreme Court of Ohio. 1997. MISCELLANEOUS DISMISSIALS Monday, April 28, 199796-2078. Scancarello v. Erie Ins. Co. Franklin App. No. 96APE02-166. 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 the court that the […]
L. S. ELEC. RY. CO. v. STATE, EX REL., 125 Ohio St. 81 (1932)
180 N.E. 540 THE LAKE SHORE ELECTRIC RY. CO. v. THE STATE, EX REL. MARTIN, PROS. ATTY. No. 23191Supreme Court of Ohio. Decided March 23, 1932. Municipal corporations — Intercity interurban permitted to occupy streets after original franchise expired — Consent of Public Utilities Commission prerequisite to ouster by municipality — Sections 504-2 and 504-8, […]
MAUMEE v. PUB. UTIL. COMM., 105 Ohio St.3d 1443 (2005)
2005-Ohio-540, 822 N.E.2d 813 MAUMEE v. PUB. UTIL. COMM. No. 2004-1651.Supreme Court of Ohio. Decided February 17, 2005. Public Utilities Commission, No. 03-2144-EL-ATA. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Public Utilities Commission. Upon consideration of appellants’ application for dismissal, IT IS ORDERED by the court that the […]
DISCIPLINARY DOCKET, 74 Ohio St.3d 1511 (1996)
659 N.E.2d 1284-1290Supreme Court of Ohio. 1996. DISCIPLINARY DOCKET Wednesday, January 31, 1996 89-355. Columbus Bar Assn. v. Connors. This cause came on for further consideration upon the filing of an application for reinstatement by respondent, John J. Connors, Jr., Attorney Registration No. 0031717, last known address in Columbus, Ohio. The court coming now to […]
STATE v. TUCKER, 118 Ohio St.3d 1506 (2008)
2008-Ohio-3369 State v. Tucker. No. 2008-0551.Supreme Court of Ohio. July 9, 2008. Stark App. No. 2007CA00306, 2008-Ohio-1067. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. CASTRO, 125 Ohio St.3d 1411 (2010)
2010-Ohio-1893 State v. Castro. No. 2010-0527.Supreme Court of Ohio. May 5, 2010. AJ Hamilton App. No. C-081043. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents. Motions for dismissal and for order to forward record denied as moot.
MERIT DOCKET, 90 Ohio St.3d 1479 (2000)
738 N.E.2d 1253Supreme Court of Ohio. 2000. MERIT DOCKET Announcement Wednesday December 6, 200000-1421. Toledo v. Pub. Util. Comm. Public Utilities Commission, No. 99-1609-EL-ORD. On motion to dismiss appeal. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. 00-1713. State ex rel. Plassman v. Sixth […]
STATE v. HILL, 106 Ohio St.3d 1509 (2005)
2005-Ohio-4605, 833 N.E.2d 1250 State v. Hill. No. 2005-0965.Supreme Court of Ohio. September 7, 2005. Cuyahoga App. Nos. 84846 and 84887, 160 Ohio App.3d 324, 2005-Ohio-1501. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. DAVIS, 56 Ohio St.2d 51 (1978)
381 N.E.2d 641 THE STATE OF OHIO, APPELLEE, v. DAVIS, APPELLANT. No. 77-1095Supreme Court of Ohio. Decided October 18, 1978. Criminal law — Aggravated murder — Minor offender prosecuted as adult — Waiver of constitutional rights — Voluntarily made, when. APPEAL from the Court of Appeals for Franklin County. Shortly after 11:00 a.m. on February […]
MERIT DOCKET, 60 Ohio St.3d 705 (1991)
573 N.E.2d 665-676Supreme Court of Ohio. 1991. MERIT DOCKET Monday, May 20, 1991 91-595. State v. Byrd. Hamilton County, No. C-890699. This cause is pending before the court on the filing of a motion for an order directing the Court of Appeals for Hamilton County to certify its record. Upon consideration of appellant’s motion for […]
STATE v. YOUNG, 118 Ohio St.3d 1411 (2008)
2008-Ohio-2340 State v. Young. No. 2008-0471.Supreme Court of Ohio. May 21, 2008. Gallia App. No. 06CA10, 2007-Ohio-5232. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. v. IND. COM., 160 Ohio St. 215 (1953)
115 N.E.2d 395 THE STATE, EX REL. ENGLISH v. INDUSTRIAL COMMISSION OF OHIO ET AL. No. 33418Supreme Court of Ohio. Decided November 4, 1953. Constitutional law — Workmen’s compensation — Retired city fireman not entitled to award, when — Pension exceeds award — Section 1465-61, General Code — Constitutionality upheld — Concurrence of judges — […]
STATE v. O’LEARY, 159 Ohio St. 122 (1953)
111 N.E.2d 1 THE STATE OF OHIO, APPELLEE v. O’LEARY, APPELLANT. No. 33371Supreme Court of Ohio. Decided March 4, 1953. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Perjury — False testimony by real estate dealer — Before state examiner — Before grand jury — Relative to grantor of […]
MISCELLANEOUS DISMISSALS, 74 Ohio St.3d 1452 (1995)
656 N.E.2d 947-953Supreme Court of Ohio. 1995. MISCELLANEOUS DISMISSIALS Monday, November 13, 1995 95-1655. Sateren v. Sateren. Franklin County, No. 94APF12-1773. This cause is pending before the court as a discretionary appeal and as a claimed appeal of right. Upon consideration of appellant’s application for dismissal without prejudice, IT IS ORDERED by the court that […]
MISCELLANEOUS DISMISSALS, 99 Ohio St.3d 1427 (2003)
2003-Ohio-2778, 789 N.E.2d 628Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions June 2, 20032002-1454. State ex rel. Weist v. Cuyahoga Cty. Bd. of Commrs. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relators’ application for dismissal, IT […]
STATE v. COLLINS, 118 Ohio St.3d 1510 (2008)
2008-Ohio-3369 State v. Collins. No. 2008-0746.Supreme Court of Ohio. July 9, 2008. Cuyahoga App. No. 89529, 2008-Ohio-578. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents.
FOREST PARK v. MONTGOMERY CTY., 124 Ohio St.3d 1422 (2010)
2010-Ohio-20 Forest Park Partners Ltd. Partnership v. Montgomery Cty. Bd. of Revision. No. 2009-1317.Supreme Court of Ohio. January 8, 2010. Board of Tax Appeals, No. 2006-V-2163. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of the joint motion of the parties […]
STATE, EX REL. OLANDER, v. OEPA, 45 Ohio St.3d 196 (1989)
543 N.E.2d 1262 THE STATE, EX REL. OLANDER, APPELLEE, v. OHIO ENVIRONMENTAL PROTECTION AGENCY ET AL., APPELLANTS. No. 88-831Supreme Court of Ohio.Submitted May 30, 1989 — Decided September 6, 1989. Public employment — Civil service — Reinstatement of employee to former position ordered by court — Agency reinstates employee to same classification but with duties, […]
YEE v. ERIE CTY. SHERIFF’S DEPT., 51 Ohio St.3d 43 (1990)
553 N.E.2d 1354 YEE, APPELLANT, v. ERIE COUNTY SHERIFF’S DEPARTMENT ET AL., APPELLEES. No. 89-1907Supreme Court of Ohio.Submitted March 27, 1990 — Decided May 9, 1990 Courts — Jurisdiction — Appellate procedure — Pendency of an interlocutory appeal does not deprive a trial court of jurisdiction to rule on motions pending before it when those […]
ELSNAU v. WEIGEL, 5 Ohio St.3d 77 (1983)
448 N.E.2d 1377 ELSNAU ET AL., APPELLEES, v. WEIGEL ET AL., APPELLANTS. No. 82-853Supreme Court of Ohio. Decided May 25, 1983. Civil procedure — Trial — Motion for judgment n.o.v. or new trial — Trial judge dies before ruling on motion — Discretion of successor judge to grant or deny motion not abused, when — […]
DISCRETIONARY APPEALS ALLOWED, 80 Ohio St.3d 1463 (1997)
687 N.E.2d 293Supreme Court of Ohio. 1997. DISCRETIONARY APPEALS ALLOWED Tuesday, December 9, 199797-2121. State v. Mitchell. Franklin App. No. 97APA03-351. Upon consideration of the jurisdictional memoranda filed in this case, the court hereby allows the appeal. IT IS ORDERED by the court, sua sponte, that this case be consolidated with Supreme Court case Nos. […]
STATE v. WEST, 66 Ohio St.3d 508 (1993)
613 N.E.2d 622 THE STATE OF OHIO, APPELLANT, v. WEST, A.K.A. WEAVER, APPELLEE. No. 92-719Supreme Court of Ohio.Submitted March 17, 1993 — Decided June 23, 1993. APPEAL from the Court of Appeals for Hamilton County, No. C-910380. On January 9, 1990, appellee, Corliss West (a.k.a. Corliss Weaver) entered a Kroger store in Cincinnati and asked […]
GASS v. MASSACHUSETTS MUT. LIFE INS. CO., 108 Ohio St.3d 1430 (2006)
2006-Ohio-405 Gass v. Massachusetts Mut. Life Ins. Co. 2005-0201.Supreme Court of Ohio. February 2, 2006. Summit App. No. 21956. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Summit County. On July 26, 2005, this court stayed proceedings in this case pending the resolution […]