188 results for 'court:"Ohio Supreme Court"'.
Per curiam, the Supreme Court of Ohio finds attorney Jack Herchel VanBibber will be suspended from the practice of law for two years for multiple criminal convictions stemming from traffic violations, his failure to comply with court orders related to those convictions and his refusal to cooperate with the ensuing disciplinary investigation. VanBibber continued to drive on a suspended license even after an OVI conviction, led police on a chase through a residential area after being pulled over and showed little respect to disciplinary proceedings when he refused to cooperate initially. However, because he has an otherwise clean disciplinary record, his suspension will be stayed so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 7, 2024, Case #: 2024-Ohio-1702, Categories: Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly vacated the workers' compensation benefits awarded to the injured employee. His diagnosis of "paraplegia, incomplete" did not meet statutory requirements for the total loss of use of his legs. The employee was still able to stand and walk short distances without the use of a walker and, therefore, was not entitled to "loss-of-use" compensation; therefore, the lower court properly denied his request for a writ of mandamus to reinstate the benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1656, Categories: Evidence, Workers' Compensation
Per curiam, the Supreme Court of Ohio finds attorney James Terry Robinson will be indefinitely suspended from the practice of law for his failure to self-report a felony conviction on drug charges and his continued use and sale of illegal drugs, including crack cocaine. Robinson admitted to drug use over an eight year period during a previous suspension, and will be ineligible for reinstatement until he completes a Narcotics Anonymous program and complies with all other continuing education requirements.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1657, Categories: Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: Criminal Procedure, Search, Sex Offender
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J. Kennedy finds that although Ohio law establishes a five-year time limit on the continuing jurisdiction of the Industrial Commission over a workers' compensation claim, that limit does not extend past administrative proceedings to trial or appeals courts involved in an employee's claim; therefore, the common pleas court erroneously dismissed the worker's claim as expired. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: May 1, 2024, Case #: 2024-Ohio-1625, Categories: Civil Procedure, Jurisdiction, Workers' Compensation
Per curiam, the Supreme Court of Ohio denies the inmate's motion to strike a combined filing made by the common pleas court judge. The filing did not require him to respond to both issues at the same time and, although he filed a late response to one of the claims made by the judge, his failure to comply with deadlines was not the result of prejudice. However, because the inmate prevailed on the merits of one of his numerous filings, the lower court erroneously granted the judge's request to declare him a vexatious litigator. Reversed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 2024-Ohio-1614, Categories: Criminal Procedure, Judiciary
Per curiam, the Supreme Court of Ohio finds attorney Daniel Edward Perrico will be suspended from the practice of law for two years following criminal convictions that stemmed from providing alcohol to his stepdaughter and two of her friends - all of whom were under 21 - and inappropriately touching one of the friends. Although Perrico has no previous disciplinary issues and cooperated with these proceedings, he abused a position of trust with the victims - all of whom regarded him as their father - and so an actual suspension is necessary to protect the public. However, the second year will be stayed so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 2024-Ohio-1540, Categories: Sanctions, Attorney Discipline
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: Government, Damages, Contract
J. Fischer finds defendant's constitutional rights were not violated when the adult trial court added a tampering with evidence charge not considered by the juvenile trial court. The charge stemmed from the same actions that formed the basis of the original criminal complaint for murder and assault. Ohio law specifically allows adult courts to consider charges not bound over by a juvenile court, and because evidence presented during defendant's bind-over hearing established he sold the stolen gun used in the shooting to avoid prosecution, the tampering charge was properly added to the eventual indictment. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 18, 2024, Case #: 2024-Ohio-1433, Categories: Constitution, Juvenile Law, Murder
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: Government, Health Care, Public Record
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the mother's petition for a writ of mandamus in a child custody case. The motions cited in her initial filing had either been ruled on by the judge in her custody case or were not motions that required a response; therefore, her claims are moot. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: 2024-Ohio-1387, Categories: Civil Procedure, Family Law
Per curiam, the Supreme Court of Ohio denies the attorney's motion for supplemental briefing and dismisses the appeal filed on behalf of the husband as frivolous. The divorce court's decision was not a final, appealable order, a determination already made by the appeals court. However, the court declines to sanction the attorney as a vexatious litigator because that punishment has already been imposed in this case.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 10, 2024, Case #: 2024-Ohio-1305, Categories: Family Law, Sanctions, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus against his trial court judge. The court's failure to include the correct number of firearms in its judgment did not render the judgment nonfinal and, therefore, the inmate had an adequate remedy through a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 9, 2024, Case #: 2024-Ohio-1291, Categories: Criminal Procedure, Judiciary
J. DeWine finds the trial court erred when it allowed a witness to testify by video in this sexual relations case of a father with his minor adopted child. The father argues that the video testimony should have been face-to-face, and since it wasn’t, this violated his constitutional right to confront a witness. The appeals court and this one found that the use of video conferencing was a harmless error, and it had no bearing the father’s conviction of sexual battery. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: April 4, 2024, Case #: 2024-Ohio-1247, Categories: Sex Offender, Battery, Witnesses
Per curiam, the Supreme Court of Ohio finds attorney John Taylor will be suspended from the practice of law for six months for his failure to provide honest answers on an application for a physician's assistant license, including whether he had ever been involved in a disciplinary investigation or had other aliases. Taylor had changed his name twice before he applied for the license and was investigated for the creation of child pornography images used in connection with his role as an expert witness in a criminal trial but failed to disclose any of this information on the application; however, because he has no previous disciplinary record and lost his physician's assistant license as a result of the misconduct, the suspension will be stayed in its entirety.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 27, 2024, Case #: 2024-Ohio-1082, Categories: Sanctions, Attorney Discipline
J. Brunner finds the trial court made all required findings before it imposed consecutive sentences for defendant's convictions on drug and gun charges, including a recitation of his extensive criminal history that involved 36 arrests and his refusal to accept responsibility for his conduct. Furthermore, the consecutive sentences were necessary to protect the public from future harm. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: March 27, 2024, Case #: 2024-Ohio-1083, Categories: Drug Offender, Firearms, Sentencing
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: Civil Procedure, Jury
Per curiam, the Ohio Supreme Court partially grants a writ of mandamus for the release of records related to a prisoner’s six public records requests. The court awards him statutory damages of $1,000 each, for two requests that were not fulfilled by the Ohio Department of Corrections. As for the other requests, the inmate submitted several requests to a contractor of the Ohio Department of Corrections that was not the custodian of the records; receiving referrals to the proper office does not constitute a denial of the request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 2024-Ohio-1015, Categories: Public Record, Damages
Per curiam, the Supreme Court of Ohio finds attorney David Edmund Stenson will be suspended from the practice of law for one year for his failure to inform a client he lacked professional liability insurance and for his failure to keep several clients' retainers in a client trust account. Stenson was previously disciplined for similar misconduct, but if he completes continuing education courses regarding client management, six months of the suspension will be stayed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 20, 2024, Case #: 2024-Ohio-995, Categories: Sanctions, Attorney Discipline
J. Deters finds the trial court properly denied defendant's motion to represent himself during his trial on two murder charges because the request was made nearly two years after the case had been placed on the court's docket and was clearly a delay tactic, given the trial was set to begin in a week and defendant claimed to need several more months to examine all the evidence. Furthermore, although the prosecutor's comments during closing arguments that defendant was unreliable and the manipulation of several individuals showed defendant's poor character were inappropriate, they did not deprive him of a fair trial. The death sentences are appropriate based, in part, on the brutal nature of the crimes, including multiple stab wounds to the victims and his dismemberment of the bodies. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 14, 2024, Case #: 2024-Ohio-902, Categories: Death Penalty, Murder, Self Representation
Per curiam, the Supreme Court of Ohio finds that attorney Christopher Mark Alexander will be suspended from the practice of law for one year for a felony traffic conviction that stemmed from a high-speed chase while intoxicated. Although Alexander has a disciplinary history, he was forthcoming about his crime, has since completed alcohol addiction services, remained sober for more than two years and shown remorse for his actions, all of which will allow for a stay of the suspension so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 14, 2024, Case #: 2024-Ohio-900, Categories: Sanctions, Attorney Discipline
J. Kennedy finds attorney Joseph Bell will be indefinitely suspended from the practice of law for a felony conviction that stemmed from his solicitation of sex from an undercover police officer whom he believed to be a 15-year-old girl. Bell was an assistant prosecutor in the juvenile division of the Cuyahoga County Prosecutor's Office, which makes his behavior more egregious because his job involved protecting children. Before he can apply for reinstatement in two years, he must complete community control sanctions imposed by the criminal court and submit proof from a medical professional that he has continued counseling.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 13, 2024, Case #: 2024-Ohio-876, Categories: Sanctions, Attorney Discipline
J. Kennedy finds attorney Amber Renee Goodman will be permanently disbarred after she was convicted on a felony charge of unlawful sexual contact with a minor, which stemmed from her repeated rape of the 13-year-old daughter of her boyfriend. Although Goodman admitted her conduct was wrong and was previously abused by two husbands, she failed to take full responsibility for her actions, while a conviction for such heinous actions prevents her from ever serving as an attorney in the future.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 12, 2024, Case #: 2024-Ohio-852, Categories: Sanctions, Attorney Discipline