190 results for 'court:"Ohio Supreme Court"'.
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
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J. DeWine finds the lower court erroneously upheld the trial court's dismissal of defendant's postconviction relief petition without any factual or legal analysis. A delayed appeal of a criminal conviction qualifies as a direct appeal under Ohio statutory law, and, therefore, defendant had 365 days from his filing of the trial transcript with the appeals court to file his petition for postconviction relief. A delayed appeal is virtually identical to one filed within the 30-day deadline and was not intended to be treated differently under the statute. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 7, 2024, Case #: 2024-Ohio-775, Categories: Criminal Procedure
J. Stewart finds a criminal defendant does not have to intend to harm or kill a victim to be entitled to a self-defense jury instruction and, therefore, defendant's counsel was ineffective when he failed to request such an instruction during defendant's trial on assault charges. Defendant testified he shot his gun to scare the victim after the two had a heated argument outside a gas station, and because Ohio's self-defense statute requires only an "intent to repel or escape force," he was entitled to self-defense instruction and his conviction must be vacated. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: March 7, 2024, Case #: 2024-Ohio-776, Categories: Ineffective Assistance, Assault, Self Defense
J. Kennedy finds that discretionary immunity is a jurisdictional bar, not an affirmative defense, to claims brought against the state, including the one filed against Ohio State University by students who lost certain fees when in-person learning was suspended during the Covid-19 pandemic. Therefore, the case must be remanded to the appeals court to determine whether the university is immune from suit for its actions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 6, 2024, Case #: 2024-Ohio-764, Categories: Government, Immunity, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus was mooted when the correctional facility provided copies of the documents he requested, but that he is entitled to statutory damages of $1,000 for the 11-day delay following his initial request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 6, 2024, Case #: 2024-Ohio-770, Categories: Public Record, Damages
J. Kennedy finds the appeals court properly denied the injured employee's petition for a writ of mandamus. Once the Industrial Commission determined she had reached maximum medical improvement and was no longer entitled to workers' compensation benefits, the Bureau of Workers' Compensation was required under Ohio law to recoup the overpayments made between the time she reached maximum improvement and the commission's decision. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 5, 2024, Case #: 2024-Ohio-744, Categories: Civil Procedure, Employment, Workers' Compensation
J. DeWine finds the appeals court erroneously overturned defendant's robbery convictions. Although only one of the victims had money taken from her when defendant set them up by posting a used car ad on a social media app, his use of a gun was sufficient to establish a threat of violence against both victims during the commission of his theft offense. Meanwhile, defendant forfeited his Brady claim related to evidence about the victim's Facebook searches to identify him prior to trial. Not not only did he fail to object or file a motion during trial when the Facebook photos were admitted into evidence, but his attorney was able to cross-examine each of the victims about the evidence. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 5, 2024, Case #: 2024-Ohio-749, Categories: Burglary, Theft
J. Fischer upholds defendant's murder convictions for the shooting of two teenage girls and death sentences. The strained relationship between defendant and the victims, multiple threats made by defendant in the course of his relationship with his girlfriend - the victims' mother - and his decision to retrieve his gun from another room during their argument and fire 13 shots at the victims proved prior calculation and design and allowed the jury to convict him of aggravated murder. Meanwhile, the trial court properly admitted various autopsy and crime scene photos because they were used to illustrate various perspectives of the crime scene and injuries sustained by the victims. Although defendant was raised in a toxic, abusive environment and was diagnosed with some mental health issues, this mitigating evidence is far outweighed by the brutality of his crimes, which involved murdering two unarmed teenagers in front of their mother. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: February 22, 2024, Case #: 2024-Ohio-604, Categories: Death Penalty, Evidence, Murder
Per curiam, the Supreme Court of Ohio finds the inmate is entitled to statutory damages of $1,000 for the warden's initial refusal to provide a copy of the mental health documentation sought through a public records request, as the warden failed to provide any evidence to rebut the inmate's claim the document was available at the time of his initial filing.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 21, 2024, Case #: 2024-Ohio-596, Categories: Public Record, Damages
J. Deters finds the juvenile court properly denied defendant's motion to suppress statements made to police after he was read his Miranda rights in his murder case. He knowingly and voluntarily waived the rights. Although defendant was 15 at the time and had a below average IQ, he was found competent to stand trial, was not intimidated or coerced by police during the interview, and his mother was present when police first arrived, all of which rendered his waiver legitimate. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: February 21, 2024, Case #: 2024-Ohio-595, Categories: Juvenile Law, Miranda
Per curiam, the Supreme Court of Ohio finds that attorney Gary Vick Jr. will be permanently disbarred for his neglect of numerous clients and his misappropriation of the advance fees of at least two clients. Vick also failed to respond to any of the requests made by the disciplinary committee and had previously been indefinitely suspended for other misconduct, all of which requires a permanent disbarment and restitution to his clients.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: 2024-Ohio-557, Categories: Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds that attorney Dennis Adams will be permanently disbarred for the neglect of several client matters and his misappropriation of settlement funds from a client involved in a car collision. Adams withheld more than $12,000 from clients after he settled a lawsuit and failed to pay outstanding Medicare liens on their behalf, and also withheld the settlement of another client, while he also failed cooperate with disciplinary proceedings, all of which requires permanent disbarment and restitution of more than $25,000 to the clients.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: 2024-Ohio-559, Categories: Sanctions, Attorney Discipline
J. Kennedy finds that Marion County Common Pleas Court Judge Jason Warner will be indefinitely suspended from the practice of law for felony convictions related to a hit-and-run car accident that occurred after he and his wife left a party where they had been drinking alcohol. Although Warner was not the driver of the car, he left the scene and waited more than nine hours to call law enforcement, but because the misconduct was not committed in his judicial capacity, he will be suspended and not disbarred.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 16, 2024, Case #: 2024-Ohio-551, Categories: Judiciary, Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly denied the surviving spouse's request for scheduled loss compensation benefits. Although the decedent lost the use of his eyes and ears at the time of his death, there was no evidence to suggest they did not function at the time he sustained his injury. The decedent was unresponsive to visual and auditory stimuli during his brief stay in the hospital, which precluded medical examiners from conducting tests and determining whether there were any injuries to his eyes and ears. Therefore, the surviving spouse could not meet the burden of proof required under Ohio's workers' compensation laws to receive additional benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 16, 2024, Case #: 2024-Ohio-552, Categories: Evidence, Workers' Compensation
J. Kennedy finds the trial improperly weighed the credibility of defendant's testimony and denied his request for a self-defense jury instruction during his attempted murder trial. Its job was simply to determine if there was adequate evidence to support each element of a self-defense claim. Defendant, a cab driver, proved he was not at fault for the altercation with a patron who refused to pay for his fare, while the fact the patron was heavily intoxicated and half the age of defendant supported defendant's claim he feared for his life when the patron followed him out of a convenient store. Therefore, his convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 15, 2024, Case #: 2024-Ohio-539, Categories: Assault, Self Defense, Jury Instructions
Per curiam, the Supreme Court of Ohio finds that attorney Sarah Driftmyer will be suspended from the practice of law for one year after she failed to inform several clients she lacked professional liability insurance and failed to deposit those clients' payments into a trust account. Driftmyer was previously suspended for similar misconduct and so no portion of her suspension will be stayed. She will also be required to complete continuing education courses before she can be reinstated.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 15, 2024, Case #: 2024-Ohio-540, Categories: Sanctions, Attorney Discipline
J. DeWine finds the temporary law during the Covid-19 pandemic that allowed municipalities to collect taxes from stay-at-home employees that did not live within their borders did not violate the due process clause. There was a rational basis for the law; specifically, the law allowed municipalities to stabilize their tax income during a period of rapid change to stay-at-home work that would otherwise have crippled their budgets. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: February 14, 2024, Case #: 2024-Ohio-525, Categories: Tax, Due Process, Covid-19
Per curiam, the Supreme Court of Ohio finds the appeals court properly granted the employer's petition for a writ of mandamus to vacate the Industrial Commission's award of additional workers' compensation benefits to the injured employee. Although the work area was surrounded by a perimeter fence with a gate, it was not a workshop under Ohio law considering the employee's main job was moving vehicles and there was no industrial equipment on site. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 14, 2024, Case #: 2024-Ohio-526, Categories: Evidence, Workers' Compensation
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to compel the board of elections to remove a zoning issue from the March 2024 primary election ballot. The ballot referendum contained a valid number of signatures because the amendment to Ohio's election procedures regarding signature numbers did not apply retroactively and went into effect after the zoning issue was certified. Meanwhile, the zoning issue includes required language and properly informs voters of the issue to be decided; therefore, the board of elections properly certified the issue for placement on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 2024-Ohio-379, Categories: Civil Procedure, Elections, Zoning
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to remove Steven Kraus from the March 2024 primary ballot as a candidate for the Ohio House of Representatives. Although he was convicted of a felony for theft from an elderly person in 2015, the position for which he is running does not involve control or management of any state agency or political subdivision and, therefore, he is not barred from running under the state's disqualification statute.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2024-Ohio-290, Categories: Civil Procedure, Elections, Government
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to vacate his criminal convictions. Not only did the trial court have proper jurisdiction over the original criminal case, but the inmate had an adequate remedy via a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 25, 2024, Case #: 2024-Ohio-221, Categories: Criminal Procedure, Jurisdiction
Per curiam, the Supreme Court of Ohio finds that attorney Lon'Cherie' Darchelle Billingsley will be publicly reprimanded for notarizing an affidavit on behalf of a client in a child custody case even though she was not present at the time the client swore to the document. Billingsley admitted her misconduct in front of the family court judge, and, although she attempted to make excuses, she cooperated with disciplinary proceedings and has no previous disciplinary record, which allows her to avoid suspension.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 25, 2024, Case #: 2024-Ohio-222, Categories: Sanctions, Attorney Discipline