STATE EX REL. BANDLOW v. LeBARRON, 104 Ohio St.3d 1457 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. BANDLOW v. LeBARRON. No. 2004-1832.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur. Page 1458

Read More

STATE v. JOHNSON, 104 Ohio St.3d 1461 (2005)

2005-Ohio-235, 821 N.E.2d 577 STATE v. JOHNSON. No. 2004-1673.Supreme Court of Ohio. Decided January 26, 2005. Cuyahoga App. No. 83117, 2004-Ohio-4229. APPEALS NOT ACCEPTED FOR REVIEW O’CONNOR, J., dissents and would accept on Proposition of Law VI.

Read More

STATE EX REL. JORDAN v. MARSH, 104 Ohio St.3d 1457 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. JORDAN v. MARSH. No. 2004-1751.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus and Prohibition. On motion to dismiss. Motion to dismiss sustained. Motion to strike and motions to amend dismissed as moot. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL […]

Read More

STATE v. HUMPHREY, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 STATE v. HUMPHREY. No. 2004-2027.Supreme Court of Ohio. Decided January 26, 2005. Crawford App. No. 3-04-15. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

Read More

STATE v. ROELLE, 104 Ohio St.3d 1462 (2005)

2005-Ohio-235, 821 N.E.2d 578 STATE v. ROELLE. No. 2004-1722.Supreme Court of Ohio. Decided January 26, 2005. Cuyahoga App. No. 83687, 2004-Ohio-4352. APPEALS NOT ACCEPTED FOR REVIEW LUNDBERG STRATTON, O’CONNOR and O’DONNELL, JJ., dissent and would accept on Proposition of Law IV and remand for the application of State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, […]

Read More

STATE v. ROBINSON, 104 Ohio St.3d 1462 (2005)

2005-Ohio-235, 821 N.E.2d 578 STATE v. ROBINSON. No. 2004-1758.Supreme Court of Ohio. Decided January 26, 2005. Cuyahoga App. No. 83508, 2004-Ohio-4483. APPEALS NOT ACCEPTED FOR REVIEW LUNDBERG STRATTON and O’CONNOR, JJ., dissent.

Read More

STATE v. MEYERS, 104 Ohio St.3d 1460 (2005)

2005-Ohio-235, 821 N.E.2d 577 STATE v. MEYERS. No. 2004-1353.Supreme Court of Ohio. Decided January 26, 2005. Summit App. No. 21874, 2004-Ohio-6596. APPEALS NOT ACCEPTED FOR REVIEW O’DONNELL and LANZINGER, JJ., dissent.

Read More

STATE v. McKINNEY, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 STATE v. McKINNEY. No. 2004-2060.Supreme Court of Ohio. Decided January 26, 2005. Defiance App. No. 4-04-12, 2004-Ohio-5518. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. RESNICK and O’CONNOR, JJ., dissent.

Read More

STATE EX REL. DAYTON NEWSPAPER, INC. v. PETRO, 104 Ohio St.3d 1457 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. DAYTON NEWSPAPER, INC. v. PETRO. No. 2004-1351.Supreme Court of Ohio. Decided January 26, 2005. In Mandamus. MERIT DECISIONS WITHOUT OPINIONS On motion for leave to intervene, motion for judgment on the pleadings, and answer of Household International, Inc., Household Finance Corp. and Beneficial of Ohio, Inc., and respondent’s […]

Read More

BADGER v. McGREGOR, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 BADGER v. McGREGOR. No. 2004-1548.Supreme Court of Ohio. Decided January 26, 2005. Franklin App. No. 03AP-167, 2004-Ohio-4036. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted. RESNICK, PFEIFER and LANZINGER, JJ., dissent. Cross-appeal not accepted. LUNDBERG STRATTON, J., dissents.

Read More

KLEIN v. MOORE, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 KLEIN v. MOORE. No. 2004-2014.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of Thomas Klein. Sua sponte, cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

STATE EX REL. CULGAN v. COLLIER, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. CULGAN v. COLLIER. No. 2004-1856.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

JOHNSON v. MICROSOFT CORP., 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 576 JOHNSON v. MICROSOFT CORP. No. 2004-0304.Supreme Court of Ohio. Decided January 26, 2005. Hamilton App. No. C-020564, 2004-Ohio-761. MOTION AND PROCEDURAL RULINGS On motion for admission pro hac vice of Norman Hawker and Albert A. Foer by Mark D. Tucker. Motion granted. PFEIFER, J., not participating.

Read More

IN RE RESIGNATION OF SLABAUGH, 104 Ohio St.3d 1454 (2005)

2005-Ohio-235, 821 N.E.2d 572 IN RE RESIGNATION OF SLABAUGH. No. 2004-2021.Supreme Court of Ohio. Decided January 24, 2005. DISCIPLINARY CASES On affidavit of resignation from the practice of law of William Franklin Slabaugh, Attorney Registration No. 0013009, and on report filed under seal by Disciplinary Counsel. Resignation accepted with disciplinary action pending.

Read More

NEDEA v. STATE, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 576 NEDEA v. STATE. No. 2004-2062.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of Romulus Nedea. Sua sponte, cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

SIDENSTRICKER v. MILLER PAVEMENT MAINTENANCE, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 SIDENSTRICKER v. MILLER PAVEMENT MAINTENANCE, INC. No. 2004-1739.Supreme Court of Ohio. Decided January 26, 2005. Franklin App. No. 03AP-827, 2004-Ohio-4653. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decision in 2004-1169, Jones v. Goodyear Tire Rubber Co., Summit App. No. 21724, 2004-Ohio-2821; and briefing schedule stayed. RESNICK and […]

Read More

STATE v. WADE, 104 Ohio St.3d 1462 (2005)

2005-Ohio-235, 821 N.E.2d 578 STATE v. WADE. No. 2004-1753.Supreme Court of Ohio. Decided January 26, 2005. Franklin App. No. 03AP-774, 2004-Ohio-3974. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to consolidate, motion to stay, and motion for bail denied as moot. LUNDBERG STRATTON and LANZINGER, JJ., dissent and would accept the appeal.

Read More

STATE EX REL. DRAKE v. COURT OF COMMON PLEAS, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. DRAKE v. CUYAHOGA CTY. COURT OF COMMON PLEAS. No. 2004-1938.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motion to dismiss. Motion to dismiss sustained. Relator’s motion for summary judgment denied as moot. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR […]

Read More

STATE EX REL. MARKUS v. INDUS. COMM., 104 Ohio St.3d 1457 (2005)

2005-Ohio-235, 821 N.E.2d 574 STATE EX REL. MARKUS v. INDUS. COMM. No. 2004-1337.Supreme Court of Ohio. Decided January 25, 2005. Franklin App. No. 03AP-249, 2004-Ohio-3383. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of the amended joint application for dismissal, IT […]

Read More

STATE v. CUMMINGS, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 STATE v. CUMMINGS. No. 2004-1678.Supreme Court of Ohio. Decided January 26, 2005. Cuyahoga App. No. 83759, 2004-Ohio-4470. APPEALS ACCEPTED FOR REVIEW PFEIFER, O’CONNOR and O’DONNELL, JJ., dissent.

Read More

IN RE BROWN, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 IN RE BROWN. No. 2004-2093.Supreme Court of Ohio. Decided January 26, 2005. Darke App. No. 04-CA-1651. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion denied.

Read More

STATE EX REL. PLAIN DEALER PUB. CO. v. CLEVELAND, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 576 STATE EX REL. PLAIN DEALER PUBLISHING CO. v. CLEVELAND. No. 2004-0448.Supreme Court of Ohio. Decided January 26, 2005. MOTION AND PROCEDURAL RULINGS In Mandamus. This cause originated in this court on the filing of a petition for a writ of mandamus. Upon consideration of relator’s motion to strike the affidavits submitted […]

Read More

STATE EX REL. RABIN v. DAVIS, 104 Ohio St.3d 1456 (2005)

2005-Ohio-235, 821 N.E.2d 574 STATE EX REL. RABIN v. DAVIS. No. 2004-1153.Supreme Court of Ohio. Decided January 24, 2005. Montgomery App. No. 20472. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Montgomery County. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the […]

Read More

STATE EX REL. BROWN v. HANCOCK CTY. PROSECUTOR, 104 Ohio St.3d 1456 (2005)

2005-Ohio-235, 821 N.E.2d 574 STATE EX REL. BROWN v. HANCOCK CTY. PROSECUTOR. No. 2004-2071.Supreme Court of Ohio. Decided January 24, 2005. MISCELLANEOUS DISMISSALS In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s application for dismissal, IT IS ORDERED by the court […]

Read More

SMITH v. LEIS, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 SMITH v. LEIS. No. 2004-1104.Supreme Court of Ohio. Decided January 26, 2005. Hamilton App. No. C-040273. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County. Sua sponte, the court orders the parties to brief the following issue: “Is […]

Read More

STATE v. JACKSON, 104 Ohio St.3d 1462 (2005)

2005-Ohio-235, 821 N.E.2d 578 STATE v. JACKSON. No. 2004-1759.Supreme Court of Ohio. Decided January 26, 2005. Cuyahoga App. No. 83420, 2004-Ohio-4467. APPEALS NOT ACCEPTED FOR REVIEW LUNDBERG STRATTON and O’CONNOR, JJ., dissent.

Read More

ST. EX REL. MOORE v. CUYAHOGA METRO. HOUS. AUTH., 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. MOORE v. CUYAHOGA METRO. HOUS. AUTH. No. 2004-1847.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

IN RE GEER, 104 Ohio St.3d 1454 (2005)

2005-Ohio-235, 821 N.E.2d 572 IN RE GEER. No. 2004-2073.Supreme Court of Ohio. Decided January 24, 2005. DISCIPLINARY CASES On December 16, 2004, and pursuant to Gov.Bar R. V(5)(A), the Secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio submitted to this court a certified copy of a determination […]

Read More

STATE v. CROSBY, 104 Ohio St.3d 1462 (2005)

2005-Ohio-235, 821 N.E.2d 578 STATE v. CROSBY. No. 2004-1747.Supreme Court of Ohio. Decided January 26, 2005. Lucas App. No. L-03-1158, 2004-Ohio-4674. APPEALS NOT ACCEPTED FOR REVIEW RESNICK, J., dissents. LANZINGER, J., not participating.

Read More

STATE v. ESPINAL, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 576 STATE v. ESPINAL. No. 2004-2042.Supreme Court of Ohio. Decided January 26, 2005. Hamilton App. No. C-030925. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied.

Read More

STATE v. BLEDSOE, 104 Ohio St.3d 1459 (2005)

2005-Ohio-235, 821 N.E.2d 577 STATE v. BLEDSOE. No. 2004-1746.Supreme Court of Ohio. Decided January 26, 2005. Stark App. No. 2003-CA-00403, 2004-Ohio-4764. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted and cause consolidated for argument and decision with 2004-1325, State v. Chandler, Stark App. No. 2003-CA-00342, 2004-Ohio-3436. RESNICK and PFEIFER, JJ., dissent. Page 1460

Read More

STATE v. LEONARD, 104 Ohio St.3d 1460 (2005)

2005-Ohio-235, 821 N.E.2d 577 STATE v. LEONARD. No. 2004-1263.Supreme Court of Ohio. Decided January 26, 2005. Hamilton App. No. C-030492, 2004-Ohio-3323. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and crossappeal not accepted.

Read More

STATE v. STALLINGS, 104 Ohio St.3d 1460 (2005)

2005-Ohio-235, 821 N.E.2d 577 STATE v. STALLINGS. No. 2004-1667.Supreme Court of Ohio. Decided January 26, 2005. Summit App. No. 21969, 2004-Ohio-4571. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER and LUNDBERG STRATTON, JJ., dissent. O’CONNOR, J., not participating.

Read More

STATE EX REL. DICKINSON v. DISCIPLINARY COUNSEL, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. DICKINSON v. DISCIPLINARY COUNSEL. No. 2004-1833.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

IN RE ENFORCEMENT OF DR 2-101(A)(3), 104 Ohio St.3d 1456 (2005)

2005-Ohio-235, 821 N.E.2d 574 IN RE ENFORCEMENT OF DR 2-101(A)(3). Supreme Court of Ohio. Decided January 24, 2005. MISCELLANEOUS ORDERS In re Enforcement of DR 2-101(A)(3): ORDER Whereas this court is vested with the authority to regulate the practice of law in this state pursuant to Section 2(B), Article 4, Ohio Constitution, It is hereby […]

Read More

STATE EX REL. CINCINNATI ENQUIRER v. RINGLAND, 104 Ohio St.3d 1457 (2005)

2005-Ohio-235, 821 N.E.2d 575 STATE EX REL. CINCINNATI ENQUIRER v. RINGLAND. No. 2004-1826.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On answer of respondents and motion for leave to file motion to dismiss of amicus curiae The Glenn Weaver Institute of Law and Psychiatry. On S.Ct.Prac.R. X(5) determination, cause […]

Read More

IN RE McAULIFFE, 104 Ohio St.3d 1455 (2005)

2005-Ohio-235, 821 N.E.2d 572 IN RE McAULIFFE. No. 2004-2143.Supreme Court of Ohio. Decided January 24, 2005. DISCIPLINARY CASES On December 28, 2004, 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 […]

Read More

MISCELLANEOUS ORDERS, Unpublished Decision (1-24-2005)

2005-Ohio-235 MISCELLANEOUS ORDERS. Supreme Court of Ohio. January 24, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MISCELLANEOUS ORDERS In re Enforcement of DR 2-101(A)(3): ORDER Whereas this court is vested with the authority to regulate the practice of law in this state pursuant to Section 2(B), Article 4, Ohio […]

Read More

CLARK v. RISKO, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 576 CLARK v. RISKO. No. 2004-0284.Supreme Court of Ohio. Decided January 26, 2005. Knox App. No. 03CA14, 2003-Ohio-7272. MOTION AND PROCEDURAL RULINGS On motion for substitution of party Patricia L. Clark, deceased, by Carmen Comer. Motion granted.

Read More

LYNCH v. HAGUE, 104 Ohio St.3d 1458 (2005)

2005-Ohio-235, 821 N.E.2d 575 LYNCH v. HAGUE. No. 2004-1942.Supreme Court of Ohio. Decided January 26, 2005. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

Read More

DOLIS v. TALLMADGE, 104 Ohio St.3d 1461 (2005)

2005-Ohio-235, 821 N.E.2d 578 DOLIS v. TALLMADGE. No. 2004-1702.Supreme Court of Ohio. Decided January 26, 2005. Summit App. No. 21803, 2004-Ohio-4454. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and cross-appeal not accepted. LUNDBERG STRATTON, J., dissents and would accept the cross-appeal.

Read More