FORDNEY v. HARDIN CTY, 112 Ohio St.3d 1467 (2007)

2007-Ohio-388 Fordney v. Hardin Cty. 2006-0967.Supreme Court of Ohio. February 7, 2007. MERIT DECISIONS WITHOUT OPINIONS In Prohibition. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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STATE v. JOHNSON, 112 Ohio St.3d 1472 (2007)

2007-Ohio-388 State v. Johnson. 2004-1163.Supreme Court of Ohio. February 7, 2007. Guernsey C.P. No. 03-CR-116. Reported at 112 Ohio St.3d 210 2006-Ohio-6404, 858 N.E.2d 1144. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. CUPP, J., not participating.

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STATE v. BAKER, 112 Ohio St.3d 1471 (2007)

2007-Ohio-388 State v. Baker. 2006-2030.Supreme Court of Ohio. February 7, 2007. Hamilton App. No. C-050791, 2006-Ohio-4902. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J. dissents and would accept the appeal and hold the cause for the decision in 2006-1973, State v. Sarkozy, Cuyahoga App. No. 86952, 2006-Ohio-3977.

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GRIFFIN v. JONES WENNER INS. AGENCY, INC., 112 Ohio St.3d 1467 (2007)

2007-Ohio-388 State ex rel. Griffin v. Jones Wenner Ins. Agency, Inc. 2006-2192.Supreme Court of Ohio. February 7, 2007. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On motions to dismiss of respondents Jones Wenner Insurance Agency, Inc. and John Villilo, relator’s motions for default judgment and sanctions, to strike motion to dismiss, and for jury trial, and […]

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STATE v. RUCKER, 112 Ohio St.3d 1471 (2007)

2007-Ohio-388 State v. Rucker. 2006-2009.Supreme Court of Ohio. February 7, 2007. Franklin App. No. 05AP-786. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., and O’CONNOR, J., dissent and would accept the appeal, reverse the judgment of the court of appeals, and remand the cause for resentencing on the authority of State v. Foster, 109 Ohio St.3d […]

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STATE v. FRANKLIN, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Franklin. 2007-0059.Supreme Court of Ohio. February 7, 2007. Appeal from Highland App. Nos. 05CA20 and 05CA21, 2006-Ohio-6369. MOTION AND PROCEDURAL RULINGS On motion for stay of execution of sentence and release upon bail pending appeal. Motion granted. PFEIFER, LUNDBERG STRATTON and LANZINGER, JJ., Dissent. Page 1469

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CAHALL v. MEM. HOSP. OF UNION CTY, 112 Ohio St.3d 1469 (2007)

2007-Ohio-388 Hall v. Mem. Hosp. of Union Cty. 2006-1943.Supreme Court of Ohio. February 7, 2007. Appeal from Union App. No. 14-06-03, 2006-Ohio-4552. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. II; cause held for the decision in 2006-1528 and 2006-1589 Hubbell v. Xenia, Greene App. No. 2005 CA 99, 2006-Ohio-3369; and […]

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FLYNN v. WESTFIELD INS. CO., 112 Ohio St.3d 1473 (2007)

2007-Ohio-388 Flynn v. Westfield Ins. Co. 2006-1619.Supreme Court of Ohio. February 7, 2007. Hamilton App. No. C-050909, 2006-Ohio-3719. Reported at 112 Ohio St.3d 1406, 2006-Ohio-6447, 858 N.E.2d 818. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion granted and cross-appeal accepted on Proposition of Law No. I. PFEIFER and LANZINGER, JJ., dissent. CUPP, J., not […]

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SOLON v. MAZALA, 112 Ohio St.3d 1472 (2007)

2007-Ohio-388 Solon v. Mazala. 2006-1609.Supreme Court of Ohio. February 7, 2007. Cuyahoga App. No. 87055. Reported at 112 Ohio St.3d 1406, 2006-Ohio-6447, 858 N.E.2d 818. RECONSIDERATION OF PRIOR DECISIONS Page 1473 On motion for reconsideration. Motion denied. CUPP, J., not participating.

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MENDENHALL v. AKRON, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 Mendenhall v. Akron. 2006-2265.Supreme Court of Ohio. February 7, 2007. Appeal from the Certified Question of State Law, United States District Court for the Northern District of Ohio, Eastern Division, Nos. 5:06 CV 0139 and 5:06 CV 0154. MOTION AND PROCEDURAL RULINGS On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will […]

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ARBINO v. JOHNSON JOHNSON, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 Arbino v. Johnson Johnson. 2006-1212.Supreme Court of Ohio. February 7, 2007. Appeal from the Certified Question of State Law, United States District Court for the Northern District of Ohio, Western Division, No. 3:06 CV 40010. MOTION AND PROCEDURAL RULINGS On motions for admission pro hac vice of Mark A. Behrens and Christopher E. Appel […]

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STATE v. SKIPWORTH, 112 Ohio St.3d 1473 (2007)

2007-Ohio-388 State v. Skipworth. 2006-1794.Supreme Court of Ohio. February 7, 2007. Cuyahoga App. No. 80662, 2005-Ohio-882. Reported at 112 Ohio St.3d 1409, 2006-Ohio-6447, 858 N.E.2d 819. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. LUNDBERG STRATTON and O’DONNELL, JJ., dissent. CUPP, J., not participating.

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HOUS. ADVOCATES, INC. v. AM. FIRE CAS. CO., 112 Ohio St.3d 1470 (2007)

2007-Ohio-388 Hous. Advocates, Inc. v. Am. Fire Cas. Co. 2006-1996.Supreme Court of Ohio. February 7, 2007. Appeal from Cuyahoga App. Nos. 86444 and 87305, 2006-Ohio-4880. Discretionary appeal not accepted. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents. O’CONNOR, J., not participating. On motion for admission pro hac vice of Timothy A. Wolfe by Walter Krohngold […]

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CINCINNATI BAR ASSN. v. ROTHERMEL, Unpublished Decision (2-7-2007)

2007-Ohio-388 CINCINNATI BAR ASSN. v. ROTHERMEL, 2007-Ohio-258. No. 2006-1639.Supreme Court of Ohio. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-090. Christian Dean Rothermel, Attorney Registration No. 0043140, is permanently disbarred […]

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JOHNSON v. JOHNSON, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 Johnson v. Johnson. 2006-2375.Supreme Court of Ohio. February 7, 2007. Appeal from Guernsey App. No. 05-CA-49, 2006-Ohio-5901. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER, LUNDBERG STRATTON and CUPP, JJ., dissent.

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LUCKEY v. BUTLER CTY, 112 Ohio St.3d 1467 (2007)

2007-Ohio-388 Luckey v. Butler Cty. 2006-2184.Supreme Court of Ohio. February 7, 2007. Appeal from the Certified Question of State Law, United States District Court for the Southern District of Ohio, Western Division, No. 1:06CV123. MERIT DECISIONS WITHOUT OPINIONS On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court declines to answer the certified question. […]

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STATE EX REL. MARTIN v. HOLLOWAY, 112 Ohio St.3d 1467 (2007)

2007-Ohio-388 State ex rel. Martin v. Holloway. 2006-0018.Supreme Court of Ohio. February 7, 2007. MERIT DECISIONS WITHOUT OPINIONS In Mandamus. On answer of respondent. On S.Ct.Prac.R. X(5) determination, cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

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KELLY v. AUTO-OWNERS INS. CO., 112 Ohio St.3d 1472 (2007)

2007-Ohio-388 Kelly v. Auto-Owners Ins. Co. 2006-1597.Supreme Court of Ohio. February 7, 2007. Hamilton App. No. C-050450, 2006-Ohio-3599. Reported at 112 Ohio St.3d 1406, 2006-Ohio-6447, 858 N.E.2d 817. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. CUPP, J., not participating.

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PREFERRED CAPITAL v. POWER ENG. GROUP., Unpublished Decision (2-7-2007)

2007-Ohio-388 PREFERRED CAPITAL, INC. v. POWER ENGINEERING GROUP., INC., 2007-Ohio-257. No. 2005-2134.Supreme Court of Ohio. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Summit App. Nos. 22475, 22476, 22477, 22478, 22485, 22486, 22487, 22488, 22489, 22497, 22499, 22506 and 22513, 163 Ohio App.3d 522, […]

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ACORDIA OF OHIO, LLC v. DAVIS, 112 Ohio St.3d 1472 (2007)

2007-Ohio-388 Acordia of Ohio, LLC v. Davis. 2006-1081.Supreme Court of Ohio. February 7, 2007. Hamilton App. No. C-050559. Reported at 112 Ohio St.3d 1404 2006-Ohio-6447, 858 N.E.2d 816. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied. CUPP, J., not participating.

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STATE v. PELFREY, Unpublished Decision (2-7-2007)

2007-Ohio-388 STATE v. PELFREY, 2006-Ohio-256. No. 2005-2075 and 2005-2211.Supreme Court of Ohio. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Montgomery App. No. 19955, 2005-Ohio-5006. Judgment affirmed. Moyer, C.J., Gallagher, Pfeifer, O’Connor and Lanzinger, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent. Sean C. […]

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POWELL v. WOLFE, 112 Ohio St.3d 1467 (2007)

2007-Ohio-388 Powell v. Wolfe. 2006-2368.Supreme Court of Ohio. February 7, 2007. MERIT DECISIONS WITHOUT OPINIONS In Habeas Corpus. On petition for writ of habeas corpus of Adam Powell. Sua sponte, cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur. Page 1468

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STATE v. RYAN, 112 Ohio St.3d 1471 (2007)

2007-Ohio-388 State v. Ryan. 2006-2013.Supreme Court of Ohio. February 7, 2007. Wood App. No. WD-05-064, 2006-Ohio-5120. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to withdraw Proposition of Law No. VI denied as moot. MOYER, C.J., LUNDBERG STRATTON and O’DONNELL, JJ., would grant the motion to withdraw Proposition of Law No. VI.

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MORROW CTY. AIRPORT v. WHETSTONE FLYERS, Unpublished Decision (2-7-2007)

2007-Ohio-388 MORROW CTY. AIRPORT AUTH. v. WHETSTONE FLYERS, Ltd., 2007-Ohio-255. No. 2005-1802.Supreme Court of Ohio. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Morrow App. No. 2004 CA 0006, 162 Ohio App.Sd 624, 2005-Ohio-4314. Judgment reversed and cause remanded. Moyer, C.J., Waite, Pfeifer, Lundberg […]

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STATE v. LATHER, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Lather. 2005-0400.Supreme Court of Ohio. February 7, 2007. Appeal from the Sandusky App. No. S-03-008, 2005-Ohio-668. MOTION AND PROCEDURAL RULINGS On motion to direct the court of appeals to rule on assignments of error. Motion granted. PFEIFER, J., dissents.

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STATE v. DUFFIELD, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Duffield. 2006-2303.Supreme Court of Ohio. February 7, 2007. Appeal from the Summit App. No. 22634, 2006-Ohio-1823. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, LUNDBERG STRATTON and CUPP, JJ., dissent.

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CASTEWART v. LAKE CTY. HISTORICAL SOC., INC., 112 Ohio St.3d 1469 (2007)

2007-Ohio-388 Stewart v. Lake Cty. Historical Soc., Inc. 2006-2029.Supreme Court of Ohio. February 7, 2007. Appeal from Lake App. No. 2004-L-164, 2006-Ohio-4822. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law Nos. I and III; cause held on Proposition of Law No. III only for the decision in 2006-0189, Uddin v. Embassy Suites […]

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STATE v. MARTIN, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Martin. 2007-0042.Supreme Court of Ohio. February 7, 2007. Appeal from Trumbull App. No. 2005-T-0041, 2006-Ohio-6202. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER, LUNDBERG STRATTON and LANZINGER, JJ., dissent.

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STATE v. MUNCEY, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Muncey. 2006-2316.Supreme Court of Ohio. February 7, 2007. Appeal from the Madison App. No. CA2006-06-023, 2006-Ohio-6358. MOTION AND PROCEDURAL RULINGS On motion to stay notice of appeal. Motion denied.

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ESTATE OF GRAVES v. CIRCLEVILLE, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 Estate of Graves v. Circleville. 2006-2395.Supreme Court of Ohio. February 7, 2007. Appeal from Ross App. No. 06CA2900, 2006-Ohio-6626. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion granted. MOYER, C.J., and PFEIFER, J., dissent.

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STATE v. NEFF, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Neff. 2006-2339.Supreme Court of Ohio. February 7, 2007. Appeal from the Trumbull App. No. 2006-T-0076, 2006-Ohio-4539. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion granted. O’DONNELL, J., dissents.

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BOCCUZZI v. CUYAHOGA CTY. BD. OF COMMRS., Unpublished Decision (2-7-2007)

2007-Ohio-388 STATE EX REL. BOCCUZZI v. CUYAHOGA CTY. BD. OF COMMRS., 2007-Ohio-323. No. 2006-1038.Supreme Court of Ohio. February 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 86333, 2006-Ohio-1835. Judgment affirmed. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur.

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CASTATE v. ADRIAN, 112 Ohio St.3d 1469 (2007)

2007-Ohio-388 State v. Adrian. 2006-1796.Supreme Court of Ohio. February 7, 2007. Appeal from Champaign App. No. 2005 CA 23, 2006-Ohio-4143. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal and cross-appeal not accepted. LUNDBERG STRATTON, J., dissents and would accept the cross-appeal.

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STATE v. COURTNEY, 112 Ohio St.3d 1468 (2007)

2007-Ohio-388 State v. Courtney. 2006-2327.Supreme Court of Ohio. February 7, 2007. Appeal from the Cuyahoga App. No. 86914, 2006-Ohio-4264. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

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