CLEVELAND ELEC. ILLUM. CO. v. PUB. UTIL. COMM., 24 Ohio St.3d 135 (1986)

493 N.E.2d 1340 CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 85-1017Supreme Court of Ohio. Decided June 25, 1986. Public Utilities Commission — Utility entitled to recovery of payment of increased excise tax, when — R.C. 4909.161 — Actual calendar year-end property tax expense used for federal income tax deduction […]

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MEDIATION REFERRALS, 97 Ohio St.3d 1404 (2002)

776 N.E.2d 1121Supreme Court of Ohio. 2002. MEDIATION REFERRALS Case Announcements and Administrative Actions October 14, 2002 The following cases have been referred to mediation pursuant to S.Ct.Prac.R. XIV(6): 2002-1677. J L Power Equip., Inc. v. Zaino. Board of Tax Appeals, No. 97-A-535. The following cases have been returned to the regular docket pursuant to […]

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POKORNY v. PECSOK, 50 Ohio St.2d 260 (1977)

364 N.E.2d 241 POKORNY ET AL. v. PECSOK ET AL., APPELLANTS. No. 76-1102 and 76-1124Supreme Court of Ohio. Decided June 22, 1977. Appropriation of property — Distribution of award — Right of lessee to compensation — Leases — Cancellation — Apportionment of award inapplicable, when APPEALS from the Court of Appeals for Cuyahoga County. William […]

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STATE v. SMITH., 175 Ohio St. 489 (1964)

196 N.E.2d 452 THE STATE OF OHIO, APPELLEE v. SMITH, APPELLANT. No. 38406Supreme Court of Ohio. Decided January 22, 1964. APPEAL from the Court of Appeals for Cuyahoga County. Per Curiam. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, […]

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STATE v. DiCARLO, 106 Ohio St.3d 1501 (2005)

2005-Ohio-4605, 833 N.E.2d 1245 State v. DiCarlo. No. 2005-1208.Supreme Court of Ohio. September 7, 2005. Mahoning App. No. 02 CA 228, 2004-Ohio-5118. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK, O’DONNELL and LANZINGER, JJ., dissent.

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STATE EX REL. v. HURD, 164 Ohio St. 403 (1955)

132 N.E.2d 100 THE STATE, EX REL. ELLIS v. HURD ET AL., JUDGES. No. 34594Supreme Court of Ohio. Decided December 28, 1955. Procedendo — To compel Court of Appeals to strike from record — To dismiss causes from this court — To stay proceedings — Petition demurrable — Procedendo not substitute for review. IN PROCEDENDO. […]

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STATE v. PETERS, Unpublished Decision (9-22-1999)

State v. Peters. No. 99-1119.Supreme Court of Ohio, Columbus. September 22, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Licking App. Nos. 98CA00118 and 98CA00119. Moyer, C.J., Resnick and Lundberg Stratton, JJ., dissent.

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

2010-Ohio-1893 State v. Jennings. No. 2010-0514.Supreme Court of Ohio. May 5, 2010. Mahoning App. No. 08-MA-181, 2009-Ohio-6536. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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IN RE MEEHLING, 0077630 (2-16-2010)

2010-Ohio-486 In re Continuing Legal Education Suspension John Conrad Meehling Respondent. No. 0077630.Supreme Court of Ohio. February 16, 2010. MISCELLANEOUS ORDERS ORDER OF REINSTATEMENT On December 23, 2009, respondent was suspended from the practice of law pursuant to Gov.Bar R. X(5). On February 3, 2010, respondent applied for reinstatement to the practice of law and […]

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HUSTON v. VINTON CTY. EMERGENCY MED., 121 Ohio St.3d 1438 (2009)

2009-Ohio-1638 State ex rel. Huston v. Vinton Cty. Emergency Med. Servs. No. 2009-0333.Supreme Court of Ohio. April 8, 2009. In Mandamus. MOTION AND PROCEDURAL RULINGS. On answer of respondent. Sua sponte, an alternative writ is granted, and the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac. R. […]

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STATE v. BURKE, 109 Ohio St.3d 1506 (2006)

2006-Ohio-2998, 849 N.E.2d 1027 State v. Burke. No. 2006-0321.Supreme Court of Ohio. June 21, 2006. Franklin App. No. 04AP-1234, 2005-Ohio-7020 and 2006-Ohio-1026. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and discretionary cross-appeal not accepted. O’DONNELL, J., dissents and would accept the cross-appeal.

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THORP DISCOUNT v. FEDERAL LAND BANK, 39 Ohio St.3d 195 (1988)

529 N.E.2d 936 THORP DISCOUNT, INC. v. FEDERAL LAND BANK OF LOUISVILLE, APPELLANT; FUHRER ET AL., APPELLEES. No. 87-682Supreme Court of Ohio.Submitted September 20, 1988 — Decided November 2, 1988. Appellate procedure — Timely motion for findings of fact and conclusions of law delays period for filing notice of appeal until findings and conclusions are […]

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STATE v. CARRICK, 128 Ohio St.3d 1443 (2011)

2011-Ohio-1618, 944 N.E.2d 693 State v. Carrick. No. 2011-0230.Supreme Court of Ohio. April 6, 2011. Wayne App. No. 09CA0077, 2010-Ohio-6451. 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 in the court of appeals’ Journal Entry file February […]

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GOODWIN v. INDUSTRAIL COMMISSION, 124 Ohio St.3d 334 (2010)

2010-Ohio-166 THE STATE EX REL. GOODWIN, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL. No. 2008-2497.Supreme Court of Ohio.Submitted November 3, 2009. Decided January 28, 2010. APPEAL from the Court of Appeals for Franklin County, No. 08AP-90, 2008-Ohio-5971. Per Curiam. {¶ 1} Appellee, Raymond A. Goodwin, received temporary total disability compensation from late 2004 […]

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NEWKIRK v. STATE FARM, 87 Ohio St.3d 1420 (1999)

717 N.E.2d 1106 Newkirk v. State Farm Ins. Co. No. 99-1302.Supreme Court of Ohio. October 20, 1999. Preble App. No. CA98-05-005. Discretionary appeal allowed and cause held for the decision in 99-342, 99-348 and 99-618, Holcomb v. State Farm Ins. Cos., Franklin App. No. 98AP-353; briefing schedule stayed. Resnick, F.E. Sweeney and Lundberg Stratton, JJ., […]

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RUST v. HARRIS-GORDON, Unpublished Decision (11-1-2004)

2004-Ohio-5723, 817 N.E.2d 105 Rust v. Harris-Gordon. No. 2004-1039.Supreme Court of Ohio. November 1, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] RECONSIDERATION OF PRIOR DECISIONS Lucas App. No. L-03-1091, 2004-Ohio-1636. Reported at 2004-Ohio-4620. On motion for reconsideration. Motion denied. Resnick, J., not participating. On bill and documentation in support […]

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RASMUSSEN v. HANCOCK CTY. COMMRS., 113 Ohio St.3d 1411 (2007)

2007-Ohio-1036 Rasmussen v. Hancock Cty. Commrs. No. 2007-0024.Supreme Court of Ohio. March 14, 2007. Hancock App. No. 5-06-54. Motion and Procedural Rulings On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2006-1528 and 2006-1589, Hubbell v. Xenia, Greene App. No. 2005 CA […]

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STATE EX REL. BOTKINS v. LAWS, 69 Ohio St.3d 383 (1994)

632 N.E.2d 897 THE STATE EX REL. VILLAGE OF BOTKINS v. LAWS ET AL. No. 92-2144Supreme Court of Ohio.Submitted March 1, 1994 — Decided June 1, 1994. IN MANDAMUS. On October 26, 1992, the village of Botkins, relator, filed a complaint seeking a writ of mandamus to compel the Shelby County Commissioners, respondents, to comply […]

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GARDNER v. INDUS. COMM., 148 Ohio St. 141 (1947)

73 N.E.2d 802 GARDNER, APPELLANT v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 30803Supreme Court of Ohio. Decided June 11, 1947. Workmen’s compensation — Evidence that claimant employed by insurance company — Policy reserved to insurer option to repair damaged property — Insurance company agent inspected damage and employed workmen. When an insurance policy contains a […]

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STATE v. HUTTON, 53 Ohio St.3d 36 (1990)

559 N.E.2d 432 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. HUTTON, APPELLEE AND CROSS-APPELLANT. No. 88-1074Supreme Court of Ohio.Submitted February 6, 1990 — Decided August 8, 1990. Criminal law — Aggravated murder — Presentence investigation report may include the defendant’s arrest record — “Trial jury,” as used in R.C. 2929.03 (C)(2)(b) and (D)(2), consists […]

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STATE EX REL. DISPATCH PRINTING CO. v. JOHNSON, 105 Ohio St.3d 1539 (2005)

2005-Ohio-2183 State ex rel. Dispatch Printing Co. v. Johnson. 2004-0394.Supreme Court of Ohio. May 6, 2005. MOTION AND PROCEDURAL RULINGS In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of respondents’ joint motion to extend time for oral argument currently scheduled for May […]

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JONES v. GOODYEAR TIRE RUBBER CO., 105 Ohio St.3d 1468 (2005)

2004-Ohio-2821 JONES v. GOODYEAR TIRE RUBBER CO. No. 2004-1169.Supreme Court of Ohio. March 23, 2005. Summit App. No. 21724, 2004-Ohio-2821. MERIT DECISIONS WITHOUT OPINIONS On appellees’ motion for leave to dismiss claim with prejudice and motion for remand and appellant’s request for attorney fees and costs. IT IS ORDERED by the court that appellees’ motion […]

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STATE v. HOWELL, 127 Ohio St.3d 1444 (2010)

2010-Ohio-5762 State v. Howell. No. 2010-1493.Supreme Court of Ohio. December 1, 2010. Cuyahoga App. No. 92827, 2010-Ohio-3403. Appeals Accepted for Review. Discretionary appeal accepted on Proposition of Law No. III; cause held for the decision in 2009-1997, State v. Hodge, Hamilton App. No. C-080968; and briefing schedule stayed. PFEIFER, J., dissents.

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BELLOWS CO. v. BOWERS, 165 Ohio St. 9 (1956)

133 N.E.2d 131 THE BELLOWS CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE. No. 34423Supreme Court of Ohio. Decided March 7, 1956. Taxation — Sales tax — Power to levy — Tax collectible on sales other than retail, when — Exemption certificate — Failure to furnish — Section 5730.03, Revised Code. Under the Constitution of Ohio, […]

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IN RE WHITFIELD, 125 Ohio St.3d 1428 (2010)

2010-Ohio-2261 In re Whitfield. No. 2010-0694.Supreme Court of Ohio. May 24, 2010. Disciplinary Cases. On April 21, 2010, 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 of a […]

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SOUTH EUCLID v. RICHARDSON, 49 Ohio St.3d 147 (1990)

551 N.E.2d 606 CITY OF SOUTH EUCLID, APPELLANT, v. RICHARDSON, APPELLEE. CITY OF SOUTH EUCLID, APPELLANT, v. RICHARDSON, APPELLEE. No. 88-1885Supreme Court of Ohio.Submitted November 22, 1989 — Decided March 7, 1990. Constitutional law — Criminal law — Municipal ordinance defining “brothel” as “any place, house or dwelling maintained and/or operated by any person * […]

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STATE EX REL. TURNER v. INDUSTRIAL COMMISSION, 89 Ohio St.3d 373 (2000)

731 N.E.2d 1129 The State ex rel. Turner, Appellant, v. Industrial Commission of Ohio, Appellee. No. 98-2654.Supreme Court of Ohio.Submitted April 25, 2000. Decided August 2, 2000. Appeal from the Court of Appeals for Franklin County, No. 97APD08-1117. Appellant, Georgia A. Turner, was injured in the course of her employment with Evans Products Company in […]

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MAHONING CTY. BAR ASSN. v. JONES, 127 Ohio St.3d 1506 (2011)

2011-Ohio-180, 939 N.E.2d 1268 Mahoning Cty. Bar Assn. v. Jones. No. 2009-0691.Supreme Court of Ohio. January 20, 2011. DISCIPLINARY CASES On October 1, 2009, this court suspended the respondent, James Sidney Jones, for a period of six months, with the entire suspension stayed on the conditions that respondent (1) successfully complete a one-year monitored probation […]

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MANDELBAUM v. MANDELBAUM, 121 Ohio St.3d 433 (2009)

2009-Ohio-1222, 905 N.E.2d 172 MANDELBAUM, APPELLEE, v. MANDELBAUM, APPELLANT. Nos. 2007-2422 and 2008-0375.Supreme Court of Ohio.Submitted October 14, 2008. Decided March 24, 2009. APPEAL from and CERTIFIED by the Court of Appeals for Montgomery County, No. 21817, 2007-Ohio-6138. O’DONNELL, J. {¶ 1} This case is presented on a certified conflict and on Stanley Mandelbaum’s appeal […]

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DISCIPLINARY COUNSEL v. CAMPBELL, 68 Ohio St.3d 7 (1993)

623 N.E.2d 24 OFFICE OF DISCIPLINARY COUNSEL v. CAMPBELL. No. 93-1298Supreme Court of Ohio.Submitted September 28, 1993 — Decided December 8, 1993. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 92-42. On August 17, 1992, relator, Office of Disciplinary Counsel, filed a six-count complaint alleging misconduct […]

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IN RE C.S., 115 Ohio St.3d 267 (2007)

2007-Ohio-4919, 874 N.E.2d 1177 IN RE C.S. No. 2006-1074.Supreme Court of Ohio.Submitted April 18, 2007. Decided September 27, 2007. APPEAL from the Court of Appeals for Licking County, No. 2005-CA-93, 2006-Ohio-1920. Page 268 O’CONNOR, J. {¶ 1} Forty years after the Supreme Court’s watershed ruling in In re Gault (1967), 387 U.S. 1, 87 S.Ct. […]

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ADVERTISING CORP. v. LINZELL, 168 Ohio St. 259 (1958)

153 N.E.2d 773 OHIO VALLEY ADVERTISING CORP., APPELLANT v. LINZELL, DIR. OF HIGHWAYS (THORMYER, ACTING DIR., SUBSTITUTED DEFENDANT), APPELLEE. No. 35485Supreme Court of Ohio. Decided November 5, 1958. Appropriation of real property by state — Property of another affected thereby — Right to be compensated therefor — Contractual right to use realty for advertising purposes […]

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STATE EX REL. WITHERSPOON v. INDUS. COMM., Unpublished Decision (3-31-1999)

The State ex rel. Witherspoon, Appellant, v. Industrial Commission of Ohio, Appellee. No. 98-1272.Supreme Court of Ohio.Submitted February 23, 1999. Decided March 31, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Workers’ compensation — Court of appeals’ judgment affirmed. Appeal from the Court of Appeals for Franklin County, No. 97APD06-861. […]

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KROOSS v. MURRAY, 121 Ohio St.3d 1416 (2009)

2009-Ohio-1088 Krooss v. Murray. No. 2009-0449.Supreme Court of Ohio. March 13, 2009. Greene App. No. 2008CA100, 2009-Ohio-214. MOTION AND PROCEDURAL RULINGS. This case was filed as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s jurisdictional memorandum, it is determined by the court that this cause originated in the court of appeals […]

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NATIONS TITLE INS. OF NEW YORK, INC. v. BERTRAM, 91 Ohio St.3d 1246 (2001)

745 N.E.2d 432 Nations Title Insurance of New York, Inc. et al., Appellants, v. Bertram et al., Appellees. No. 00-1321.Supreme Court of Ohio.Submitted March 13, 2001. Decided April 25, 2001. Appeal from the Court of Appeals for Montgomery County, No. 18078. The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Douglas, […]

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SLANCO v. BANNON, 30 Ohio St.3d 45 (1987)

506 N.E.2d 208 SLANCO, APPELLANT, v. BANNON, JUDGE, ET AL., APPELLEES. No. 86-41Supreme Court of Ohio. Decided April 15, 1987. Mandamus — Affirmance of dismissal of complaint. APPEAL from the Court of Appeals for Mahoning County. Appellant, Michael Slanco, appeals from the judgment of the court of appeals on his original action in mandamus. The […]

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STATE v. LLOYD, 129 Ohio St.3d 1423 (2011)

2011-Ohio-266, 950 N.E.2d 976 State v. Lloyd. No. 2011-0212.Supreme Court of Ohio. July 25, 2011. Holmes App. No. 09 CA 12, 2010-Ohio-6562. Motion and Procedural Rulings. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s notice of successful transmission of stipulated extension, it is […]

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PETERMAN v. STEWART, 112 Ohio St.3d 1444 (2007)

2007-Ohio-152 Peterman v. Stewart. No. 2006-1894.Supreme Court of Ohio. January 24, 2007. Appeal from the Delaware App. No. 05-CAE-12-0082, 2006-Ohio-4671. Appeals not Accepted for Review Discretionary appeal not accepted. Motion to strike notice regarding amicus curiae denied as moot.

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GENARO v. CENT. TRANSPORT, INC., 83 Ohio St.3d 1424 (1998)

699 N.E.2d 520 Genaro v. Cent. Transport, Inc. No. 97-1595Supreme Court of Ohio. September 14, 1998 Certified State Law Question, Nos. 1:96CV2282, 1:97CV00598 and 1:97CV601. This cause came before the court on the certification of a state law question from the United States District Court, Northern District of Ohio, Eastern Division. Upon consideration of the […]

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MOTION AND PROCEDURAL RULINGS, 102 Ohio St.3d 1535 (2004)

2004-Ohio-3721, 811 N.E.2d 1153Supreme Court of Ohio. Case Announcements and Administrative Actions, July 16, 2004. MOTION AND PROCEDURAL RULINGS 2004-0448. State ex rel. Plain Dealer Publishing Co. v.Cleveland. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s motion for leave to […]

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OROSE v. HODGE CO., 132 Ohio St. 607 (1937)

9 N.E.2d 671 OROSE, APPELLEE v. HODGE DRIVE-IT-YOURSELF CO., INC., APPELLANT. No. 26425Supreme Court of Ohio. Decided July 7, 1937. Judicial notice — Municipal ordinances — Municipal and reviewing courts — Violating ordinance not negligence per se, when — No causal connection between injury and illegal operation of automobile — Injury occasioned by hirer of […]

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STATE EX REL. AHMED v. COSTINE, 103 Ohio St.3d 166 (2004)

2004-Ohio-4756, 814 N.E.2d 865 The State ex rel. Ahmed, Appellant, v. Costine, Judge, et al., Appellees. No. 2004-0651.Supreme Court of Ohio.Submitted August 17, 2004. Decided September 22, 2004. APPEAL from the Court of Appeals for Belmont County, No. 01-BA-30, 2004-Ohio-1369. PER CURIAM. {¶ 1} In June 2001, appellant, Nawaz Ahmed, an inmate at Mansfield Correctional […]

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MOTION DOCKET, 91 Ohio St.3d 1455 (2001)

742 N.E.2d 1137Supreme Court of Ohio. 2001. MOTION DOCKET Announcement Monday February 26, 200101-85. State v. Williams. Lucas App. Nos. L001027 and L001028. This cause is pending before the court as a discretionary appeal and claimed appeal of right. On February 12, 2001, appellee filed a memorandum in response that included attachments other than copies […]

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B. O. RD. CO. v. P.U.C., 160 Ohio St. 67 (1953)

113 N.E.2d 240 THE BALTIMORE OHIO RD. CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 33354Supreme Court of Ohio. Decided June 17, 1953. Public Utilities Commission — Railroads — Abandonment of passenger train service — Public no longer makes efficient use of service — Other means of transportation available and used — Trains […]

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OHIO EDISON CO. v. PORTERFIELD, 28 Ohio St.2d 150 (1971)

277 N.E.2d 195 OHIO EDISON CO., APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT. No. 71-17Supreme Court of Ohio. Decided December 22, 1971. Taxation — Sales and use tax — Exceptions from taxation — R.C. 5739.01 — Items used directly in rendering public utility service. APPEAL from the Board of Tax Appeals. This is an appeal by […]

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FORD v. TALLEY MACH. CORP., 68 Ohio St.3d 473 (1994)

628 N.E.2d 1351 FORD ET AL., APPELLANTS, v. TALLEY MACHINERY CORPORATION ET AL., APPELLEES. No. 93-295Supreme Court of Ohio.Submitted February 1, 1994 — Decided March 23, 1994. Page 474 APPEAL from the Court of Appeals for Cuyahoga County, No. 60415. Nurenberg, Plevin, Heller McCarthy Co., L.P.A., Thomas Mester, Richard L. Demsey and Joel Levin, for […]

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STATE EX REL. OBOJSKI v. PERCIAK, 113 Ohio St.3d 486 (2007)

2007-Ohio-2453 THE STATE EX REL. OBOJSKI ET AL., APPELLANTS, v. PERCIAK, MAYOR, ET AL., APPELLEES. No. 2006-2121.Supreme Court of Ohio.Submitted May 2, 2007. Decided June 6, 2007. APPEAL from the Court of Appeals for Cuyahoga County, No. 87007, 2006-Ohio-5238. Per Curiam. {¶ 1} This is an appeal from a judgment dismissing a complaint for a […]

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CENT. MOTORS CORP. v. PEPPER PIKE, 73 Ohio St.3d 581 (1995)

653 N.E.2d 639 CENTRAL MOTORS CORPORATION, APPELLEE, v. CITY OF PEPPER PIKE ET AL., APPELLANTS. No. 94-375Supreme Court of Ohio.Submitted May 23, 1995 — Decided September 6, 1995. APPEAL from the Court of Appeals for Cuyahoga County, No. 64422. The twenty-one-year-old case before us concerns the constitutionality of a zoning ordinance as applied to appellee’s […]

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STATE, EX REL. BAILEY, v. INDUS. COMM., 23 Ohio St.3d 53 (1986)

491 N.E.2d 308 THE STATE, EX REL. BAILEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL.; ANCHOR TEMPLATE DIE COMPANY, APPELLANT. No. 85-216Supreme Court of Ohio. Decided April 9, 1986. Worker’s compensation — Specific safety requirements — Application may be amended beyond two-year statute of limitations, when. APPEAL from the Court of Appeals for Franklin […]

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STATE v. MCGETTRICK, 31 Ohio St.3d 138 (1987)

509 N.E.2d 378 THE STATE OF OHIO, APPELLANT, v. MCGETTRICK, APPELLEE. No. 86-89Supreme Court of Ohio. Decided June 24, 1987. Criminal law — Appellate procedure — Death of convicted criminal defendant pending appeal — Effect — Substitution of party — App. R. 29(A). O.Jur 3d Criminal Law §§ 1431, 1500. 1. When a criminal defendant-appellant […]

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THE STATE, EX REL. TOHT v. MCCLURE, 154 Ohio St. 356 (1950)

95 N.E.2d 764 THE STATE, EX REL. TOHT, APPELLANT v. McCLURE, DIR. OF SAFETY OF CITY OF DAYTON, ET AL., APPELLEES. No. 32341Supreme Court of Ohio. Decided December 16, 1950. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Habeas corpus — Extradition — Fugitive from justice from sister state — […]

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KREMPIN v. AMAZON, 115 Ohio St. 730 (1926)

155 N.E. 865 KREMPIN v. AMAZON LODGE No. 567, I. O. O. F. No. 19904Supreme Court of Ohio. Decided November 9, 1926. Supreme Court — Dismissals — No debatable constitutional question involved. ERROR to the Court of Appeals of Cuyahoga county. Messrs. Gordon Gordon, for plaintiff in error. Mr. Paul Howland, for defendant in error. […]

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CLINGER v. MAXWELL, 175 Ohio St. 540 (1964)

196 N.E.2d 771 CLINGER v. MAXWELL, WARDEN. No. 38555Supreme Court of Ohio. Decided March 4, 1964. Criminal law — Rape — Sufficiency of indictment — Not invalidated by omission of words, “carnal knowledge” — Validity of indictment not affected by nonconformance with affidavit — Amendment of indictment. IN HABEAS CORPUS. This is an action in […]

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STATE EX REL. STATE FIRE MARSHAL v. CURL., 86 Ohio St.3d 1441 (1999)

713 N.E.2d 1051 State ex rel. State Fire Marshal v. Curl. No. 99-1344.Supreme Court of Ohio. August 4, 1999. In Mandamus and Prohibition. On motion for leave to intervene of Frank V. Darst and Green River Display Company, Inc. Motion granted; sua sponte, the above intervenors are joined as respondents pursuant to Civ.R. 21. COOK, […]

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DOBRAN v. FRANCISCAN MED. CTR., 102 Ohio St.3d 54 (2004)

2004-Ohio-1883, 806 N.E.2d 537 Dobran et al., Appellees, v. Franciscan Medical Center et al.; Dayton Clinical Oncology Program, Appellant. No. 2002-1994.Supreme Court of Ohio.Submitted October 22, 2003. Decided April 28, 2004. APPEAL from the Court of Appeals for Montgomery County, No. 19218, 149 Ohio App.3d 455, 2002-Ohio-5378, 777 N.E.2d 907. O’CONNOR, J. Page 55 {¶ […]

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STATE v. LYON, 119 Ohio St.3d 1495 (2008)

2008-Ohio-5390 State v. Lyon. No. 2008-1360.Supreme Court of Ohio. October 20, 2008. Tuscarawas App. No. 2007 AP 08 0050, 2008-Ohio-2645. MOTION AND PROCEDURAL RULINGS. On July 14, 2008, appellant filed a notice of pending motion to certify a conflict. Whereas appellant has not notified this court of the decision on the pending motion to certify […]

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JURISDICTIONAL MOTIONS ALLOWED, 63 Ohio St.3d 1405 (1992)

585 N.E.2d 424-428Supreme Court of Ohio. 1992. JURISDICTIONAL MOTIONS ALLOWED Wednesday, February 19, 1992 91-2112. In re Guardianship of Rudy. Trumbull County, Nos. 90-T-4398 and 90-T-4416. MOYER, C.J., and RESNICK, J., dissent. WRIGHT, J., not participating. Page 1406 91-2245. Shilling v. Mobile Analytical Serv., Inc. Union County, No. 14-91-11. HOLMES, J., dissents. 91-2251. Jamison v. […]

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IN RE CERTIFICATE v. OHIO DEPT. OF HEALTH, 105 Ohio St.3d 1469 (2005)

2005-Ohio-1186 IN RE CERTIFICATE OF NEED APPLICATION OF HOLZER CONSOL. HEALTH SYS. v. OHIO DEPT. OF HEALTH. No. 2004-2016.Supreme Court of Ohio. March 23, 2005. Franklin App. No. 03AP-1020, 2004-Ohio-5533. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. LUNDBERG STRATTON and O’DONNELL, JJ., dissent. O’CONNOR, J., dissents and would accept on Propositions of Law […]

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COATS v. LIMBACH, 47 Ohio St.3d 114 (1989)

548 N.E.2d 917 COATS ET AL., APPELLANTS, v. LIMBACH, TAX COMMR., APPELLEE. No. 88-801Supreme Court of Ohio.Submitted September 27, 1989 — Decided December 27, 1989. Taxation — Board of Tax Appeals’ denial of continuance an abuse of discretion, when — Factors considered when granting continuance. APPEAL from the Board of Tax Appeals, No. 85-C-795. Page […]

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STATE, EX REL., v. CLEVELAND, 62 Ohio St.3d 537 (1992)

584 N.E.2d 727 THE STATE, EX REL. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18, 18A, 18B, 18C, 18RA, AFL-CIO, APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES. No. 90-1780Supreme Court of Ohio.Submitted September 17, 1991 — Decided February 12, 1992. Page 538 APPEAL from the Court of Appeals for Cuyahoga County, No. 57729. On May […]

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CINCINNATI SCHOOL DIST. BD. v. HAMILTON CTY. BD., 129 Ohio St.3d 1466 (2011)

2011-Ohio-4552, 953 N.E.2d 333 Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision. No. 2011-0555.Supreme Court of Ohio. September 12, 2011. Board of Tax Appeals, No. 2010-A-3007. Miscellaneous Dismissals. This cause is pending before the court as an appeal from the Board of Tax Appeals. Page 1467 Upon consideration of appellant’s application […]

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STATE, EX REL. BD. OF EDN., v. STATE BD. OF EDN., 58 Ohio St.2d 189 (1979)

389 N.E.2d 503 THE STATE, EX REL. BOARD OF EDUCATION OF BRATENAHL LOCAL SCHOOL DISTRICT, APPELLANT, v. STATE BOARD OF EDUCATION OF OHIO ET AL., APPELLEES. No. 78-802Supreme Court of Ohio. Decided May 16, 1979. Mandamus and prohibition — To prevent dissolution of school district — Complaint dismissed, when — Prior court decision res judicata […]

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STATE EX REL. PAIGE v. CORRIGAN, 2011-0478 (8-17-2011)

2011-Ohio-4060 State ex rel. Paige v. Corrigan, Slip Opinion No. 2011-Ohio-4057. No. 2011-0478.Supreme Court of Ohio. August 17, 2011. MERIT DECISION WITH OPINION Cuyahoga App. No. 95864, 2011-Ohio-743. Judgment of the court of appeals affirmed. O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur. Page 1

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IN RE DISQUALIFICATION OF NADEL, 74 Ohio St.3d 1214 (1989)

657 N.E.2d 1329 IN RE DISQUALIFICATION OF NADEL. THE STATE OF OHIO v. MCNEAL. No. 89-AP-096Supreme Court of Ohio. Decided June 5, 1989. ON AFFIDAVIT OF DISQUALIFICATION in Hamilton County Court of Common Pleas case No. B-885954. MOYER, C.J. The affidavit of disqualification filed herein by defendant David H. McNeal seeks the disqualification of Judge […]

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (5-7-2003)

MERIT DECISIONS WITH OPINIONSSupreme Court of Ohio. May 7, 2003 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 2002-0603. State ex rel. Jackson Tube Serv., Inc. v. Indus.Comm., 2003-Ohio-2259. Franklin App. No. 01AP-667. Judgment affirmed in part, reversed in part, and cause remanded. Moyer, C.J., Pfeifer, Cook, Lundberg Stratton and O’Connor, […]

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KAZMAIER SUPERMARKET, INC. v. TOLEDO EDISON CO., 61 Ohio St.3d 147 (1991)

573 N.E.2d 655 KAZMAIER SUPERMARKET, INC., APPELLEE, v. TOLEDO EDISON COMPANY, APPELLANT. No. 90-1239Supreme Court of Ohio.Submitted April 10, 1991 — Decided July 17, 1991. APPEAL from the Court of Appeals for Lucas County, No. L-89-323. This case presents an interesting, yet basic, jurisdictional question: May a customer prosecute a common-law action for monetary damages […]

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STATE EX REL. BROWN v. INDUS. COMM., 84 Ohio St.3d 1492 (1999)

705 N.E.2d 688 State ex rel. Brown v. Indus. Comm. No. 98-259.Supreme Court of Ohio. February, 8, 1999. Appeal from Franklin App. No. 97APD02-253. This cause, here on appeal from the Court of Appeals for Franklin County, was considered in the manner prescribed by law. Upon consideration of appellee’s motion to dismiss, IT IS ORDERED […]

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FINKBEINER v. LUCAS CTY. BD. OF ELECTIONS, 2009-1147 (7-27-2009)

2009-Ohio-3658, 912 N.E.2d 573 State ex rel. Finkbeiner v. Lucas Cty. Bd. of Elections, Slip Opinion No. 2009-Ohio-3657. No. 2009-1147.Supreme Court of Ohio. July 27, 2009. MERIT DECISIONS WITH OPINIONS In Prohibition. Writ granted. Pfeifer, Lundberg Stratton, O’Connor, and Lanzinger, JJ., concur. Moyer, C.J., and O’Donnell and Cupp, JJ., dissent. Page 1

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STATE, EX REL. NBC, v. COURT, 52 Ohio St.3d 104 (1990)

556 N.E.2d 1120 THE STATE, EX REL. NATIONAL BROADCASTING COMPANY, INC. ET AL., v. COURT OF COMMON PLEAS OF LAKE COUNTY ET AL. No. 90-378Supreme Court of Ohio.Submitted May 29, 1990 — Decided June 20, 1990. Courts — Public criminal trials — “Gag orders” entered without hearings and findings — Writ of prohibition granted, when. […]

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HALL v. YOUNGSTOWN, 15 Ohio St.2d 160 (1968)

239 N.E.2d 57 HALL, ADMX., APPELLEE, v. CITY OF YOUNGSTOWN, APPELLANT. No. 41382Supreme Court of Ohio. Decided July 10, 1968. Municipal corporations — Construction and maintenance of water supply system — Maintenance of fire hydrants — Proprietary functions — Negligence — Failure to maintain hydrants in proper condition — Firemen impeded in extinguishing fire — […]

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DISCRETIONARY APPEALS ALLOWED, 90 Ohio St.3d 1492 (2000)

739 N.E.2d 817Supreme Court of Ohio. 2000. DISCRETIONARY APPEALS ALLOWED ANNOUNCEMENT WEDNESDAY December 20, 2000.00-1607. In re West. Cuyahoga App. No. 78228. Discretionary appeal allowed and cause held for the decision in 00-906, In re Anderson, Clark App. Nos. 99CA90 and 99CA91; briefing schedule stayed. F.E. Sweeney and Pfeifer, JJ., dissent. 00-1609. State v. Napier. […]

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MOTON v. RICHLAND CTY. PROBATE COURT, 123 Ohio St.3d 1468 (2009)

2009-Ohio-5704 State ex rel. Moton v. Richland Cty. Probate Court. No. 2009-1578.Supreme Court of Ohio. November 4, 2009. In Mandamus. Merit Decisions Without Opinions. On motion to dismiss. Motion to dismiss granted. Motion to suppress or strike motion to dismiss denied. Cause dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., […]

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STATE EX REL. v. GRIFFIN, 161 Ohio St. 537 (1954)

119 N.E.2d 886 THE STATE, EX REL. BOARD OF EDUCATION, EVENDALE LOCAL SCHOOL DISTRICT, v. GRIFFIN, CLERK. No. 33938Supreme Court of Ohio. Decided June 2, 1954. Schools — Local board of education — Resolution to issue bonds for erection of building — Legal existence of board doubtful — Mandamus — To require clerk of board […]

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TOLEDO BAR ASSN. v. FARAH, 2009-2330 (5-20-2010)

2010-Ohio-2211, 928 N.E.2d 1097 Toledo Bar Assn. v. Farah, Slip Opinion No. 2010-Ohio-2116. No. 2009-2330.Supreme Court of Ohio. May 20, 2010. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-078. Asad Farah, Attorney Registration No. 0066174, is suspended from the practice of law in Ohio for […]

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IN RE DISQUALIFICATION OF JACKSON, 84 Ohio St.3d 1233 (1998)

704 N.E.2d 1236 IN RE DISQUALIFICATION OF JACKSON. KISTLER v. KISTLER. No. 98-AP-147Supreme Court of Ohio. Decided December 29, 1998. ON AFFIDAVIT OF DISQUALIFICATION in Fairfield County Court of Common Pleas, Domestic Relations Division case No. 96-DR-136. Page 1234 MOYER, C.J. This affidavit of disqualification filed by defendant Victor Nial Kistler seeks the disqualification of […]

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IN RE RESIGNATION OF DILLON, 71 Ohio St.3d 1201 (1994)

640 N.E.2d 1144 IN RE RESIGNATION OF DILLON. No. 94-2029Supreme Court of Ohio.Submitted October 11, 1994 — Decided October 12, 1994. ON AFFIDAVIT OF RESIGNATION. The resignation of Michael E. Dillon of Mt. Blanchard, Ohio, as an attorney, Registration No. 0006140, is accepted. MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., […]

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STATE v. COATS, 116 Ohio St.3d 1460 (2007)

2007-Ohio-6803 State v. Coats. No. 2007-1251.Supreme Court of Ohio. December 26, 2007. Mercer App. No. 10-07-08. Reported at 115 Ohio St.3d 1442, 2007-Ohio-5567, 875 N.E.2d 103. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (10-23-2002)

MERIT DECISIONS WITH OPINIONS. Supreme Court of Ohio. October 23, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS 2001-1942. State ex rel. Schlosser v. Indus. Comm.,2002-Ohio-5443. Franklin App. No. 01AP-47. Judgment reversed and writ allowed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, […]

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JURISDICTIONAL MOTIONS ALLOWED, 50 Ohio St.3d 711 (1990)

553 N.E.2d 682-693Supreme Court of Ohio. 1990. JURISDICTIONAL MOTIONS ALLOWED Wednesday, April 11, 1990 90-143. Ohio Assn. of Pub. School Emp., AFSCME/AFL-CIO v. Dayton City School Dist. Bd. of Edn. Montgomery County, No. CA 11656. Holmes, J., dissents. On motion to amend memorandum in opposition and on motion for leave to file amicus of State […]

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DAYTON BAR ASSN. v. STEPHENS, 32 Ohio St.3d 602 (1987)

513 N.E.2d 346 DAYTON BAR ASSOCIATION v. STEPHENS. D.D. No. 87-15Supreme Court of Ohio. Decided September 23, 1987. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar. Patricia J. Stephens is publicly reprimanded. MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.

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CHARLES v. MAXWELL, 176 Ohio St. 217 (1964)

198 N.E.2d 773 CHARLES v. MAXWELL, WARDEN. No. 38647Supreme Court of Ohio. Decided May 6, 1964. Grand jury — Irregularities in selecting jurors — Not available to invalidate indictment of accused already convicted — Habeas corpus. IN HABEAS CORPUS. This is an action in habeas corpus originating in this court. While on parole in 1961, […]

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STATE, EX REL. v. INDUS. COMM., 126 Ohio St. 34 (1932)

183 N.E. 871 THE STATE, EX REL. SCHINDLER v. INDUSTRIAL COMMISSION OF OHIO. No. 28722Supreme Court of Ohio. Decided December 14, 1932. Workmen’s compensation — Loss of bodily member — Compensable according to statutory schedule, and not impairment of earning capacity — Section 1465-80, General Code. Compensation for an injury to a workman resulting in […]

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IN RE HENNEKES, 105 Ohio St.3d 1446 (2005)

2005-Ohio-762 IN RE HENNEKES. 2005-0164.Supreme Court of Ohio. February 25, 2005. DISCIPLINARY CASES On January 26, 2005, 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 of a felony […]

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MERIT DECISIONS WITH OPINIONS, Unpublished Decision (6-9-2004)

2004-Ohio-2830Supreme Court of Ohio. Case Announcements and Administrative Actions, June 9, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS 2003-0022. Estate of Ridley v. Hamilton Cty. Bd. of MentalRetardation Developmental Disabilities, 2004-Ohio-2629. Hamilton App. No. C-010791, 150 Ohio App.3d 383, 2002-Ohio-6344. Judgment affirmed. Moyer, C.J., Lundberg […]

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