190 results for 'court:"Ohio Supreme Court"'.
Per curiam, the Supreme Court of Ohio finds the appeals court exceeded the scope of its jurisdiction on remand when it considered the threshold issue of whether the oil and gas drilling company had a cognizable property interest in its lease. This court's order required it only to conduct a proper takings clause analysis. Therefore, the case will again be remanded to allow the appeals court to consider whether the company suffered a total taking and is entitled to appropriation compensation. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024-Ohio-200, Categories: Energy, Property, Jurisdiction
Per curiam, the Supreme Court of Ohio denies the newspaper's petition for a writ of mandamus to compel production of travel and expense reports related to Ohio State Highway Patrol troopers' trip to the 2022 Super Bowl in Los Angeles with Ohio Governor Mike DeWine. The documents are security records under the Ohio Public Records Act and therefore, are exempt from disclosure. Payroll and lodging reports from Governor DeWine's security detail could expose protocols related to DeWine's travel habits and create a risk of harm on future trips, which entitles the documents to protection under the Act.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-182, Categories: Government, Public Record
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to compel the trial court to vacate his guilty plea on a domestic violence charge. His claim regarding whether a valid judge presided over the plea hearing is not cognizable in a mandamus claim and should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-181, Categories: Criminal Procedure, Plea, Domestic Violence
J. Deters finds that defendant's failure to prove he was unavoidably prevented from discovering his victim's recantation of identification evidence at trial deprived the lower court of jurisdiction to hear his successive petition for postconviction relief and, therefore, his petition was properly denied. Although the affidavit from the victim in which he admitted he was unsure of the identity of his attacker was dated beyond the deadline for defendant to file his successive postconviction relief petition, this date does not establish when the recantation evidence became available and does not satisfy the unavoidably prevented standard, which prevented defendant from establishing a constitutional violation. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: January 18, 2024, Case #: 2024-Ohio-134, Categories: Criminal Procedure, Constitution, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the father's petition for a writ of prohibition against the common pleas court judge. Under Ohio law, a common pleas court has jurisdiction over custody and visitation rights involving juveniles, including the one filed by the maternal grandmother in this case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 18, 2024, Case #: 2024-Ohio-135, Categories: Family Law, Judiciary, Jurisdiction
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Per curiam, the Supreme Court of Ohio denies, in part, the petitioner's request for a writ of mandamus because the production of certain documents by the county prosecutor mooted a portion of the claim. However, because a portion of the documents required to be created under a local ordinance were not produced, he is entitled to a limited writ to compel the prosecutor to provide copies of the documents within 14 days.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-104, Categories: Public Record
Per curiam, the Supreme Court of Ohio denies an individual's request for a writ of mandamus because the Ohio Public Records Act does not require the county agency to allow him to inspect certain public records in their native format, while certain documents he requested are also controlled by a separate agency uninvolved in this action. However, because the county agency took nearly five months to respond to his initial request, he is entitled to $1,000 in statutory damages for the delay.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-103, Categories: Public Record, Damages
J. DeWine finds the appeals court erroneously vacated the ex parte attachment orders against the former Ohio Public Utilities Commission Chairman. The irreparable harm showing by the state used to obtain the orders was not appealable, but could only be reviewed by a full hearing in front of the trial court. Although the chairman could appeal the trial court's denial of his motion to vacate the orders - used to prevent the unlawful transfer of assets before a pending criminal trial - he could not challenge the irreparable harm decision made by the court, which was decided in a full hearing during which the chairman was able to present complete arguments. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: January 16, 2024, Case #: 2024-Ohio-101, Categories: Civil Procedure, Energy
J. Fischer finds the appeals court properly overturned defendant's conviction for criminal trespass after a noise complaint during a visit to his uncle's apartment, which should have been handled by the landlord through an eviction proceeding. A landlord may not prohibit an individual from being on their property if the person is invited by a lawful tenant unless the lease agreement signed by the parties specifically excludes that individual from the residence. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 29, 2023, Case #: 2023-Ohio-4753, Categories: Evidence, Trespass
J. Kennedy finds Cuyahoga County Common Pleas Court Judge Daniel Gaul will be suspended from the practice of law and his judicial office, without pay, for one year for coercing plea deals out of several defendants, improperly questioning numerous defendants during their trials, and making demeaning comments to various defendants. Although Gaul did not engage in the misconduct to further his own interests, he repeatedly refused to admit the wrongful nature of his conduct and has a prior disciplinary record, which requires the court to impose a suspension that will not be stayed in any way.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: December 29, 2023, Case #: 2023-Ohio-4751, Categories: Judiciary, Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Mark Stewart Bennett will be suspended from the practice of law for two years for the repeated sexual harassment of an intern at the U.S. Attorney's Office, including asking about her sex life, commenting on her appearance and touching her breast while the two were in the law library. The suspension will be stayed, as Bennett claims he was unaware his actions made the intern uncomfortable and has since sought counseling to help with the issue moving forward.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 2023-Ohio-4752, Categories: Sanctions, Attorney Discipline
J. Deters finds the lower court properly dismissed a child's loss of consortium claim. When a parent's medical negligence claim is barred by Ohio's statute of repose, the loss of consortium claim is also extinguished. Although the child's claim is not derivative of the patient's initial medical negligence action, the statute of repose bars the claim in its entirety, not just the remedy, as a statute of limitations would, and prevents the loss of consortium claim. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 28, 2023, Case #: 2023-Ohio-4696, Categories: Civil Procedure, Medical Malpractice
J. DeWine finds the trial court's failure to reschedule a competency hearing after defendant refused to appear at the scheduled hearing did not violate his constitutional rights. Evidence in the record did not indicate any serious mental health issues that would have precluded a trial. Although defendant became confrontational in several meetings with his attorney, he told the trial court on several occasions he understood the proceedings against him and was merely frustrated by several delays to his eventual trial, which indicated he was competent to stand trial. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: December 28, 2023, Case #: 2023-Ohio-4716, Categories: Competence, Constitution
J. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Stewart finds the court of appeals erroneously applied an abuse of discretion standard to the juvenile court's decision to terminate the parental rights of both parents. The nature of such a decision, based on clear and convincing evidence, requires the application of a sufficiency of the evidence standard. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: December 27, 2023, Case #: 2023-Ohio-4703, Categories: Civil Procedure, Evidence, Family Law
J. Brunner finds a trial court may consider evidence from beyond the four corners of a criminal indictment when a defendant files a motion to dismiss prior to trial and, therefore, the court in this case was required to decide the merits of defendant's motion to dismiss when he claimed he could not be found in violation of child support orders. Defendant argued the statute did not apply to him because he was not in violation of any support orders at the time the indictment was issued, an issue wholly separate from his guilt and one that should have been considered by the court before defendant entered his guilty plea. Therefore, the appeals court properly reversed the trial court's decision and the case must be remanded to the trial court for proper consideration of the motion to dismiss. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: December 22, 2023, Case #: 2023-Ohio-4627, Categories: Criminal Procedure, Plea
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition. His claims regarding the jurisdiction of the trial court to issue the indictment in his criminal case should have been brought on direct appeal or through a motion for postconviction relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4594, Categories: Criminal Procedure, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the Cedar Point Police Department, created for and employed exclusively by a theme park, is required to respond to public records requests filed by news organizations. While it was not created by a state or local government, it serves as the functional equivalent of a public office through its law enforcement activity. Therefore, the news entities in this case are entitled to a limited writ of mandamus to compel production of documents related to incidents of alleged sexual abuse at the park's housing facilities, as well as reports related to an injury that occurred near one of the park's rollercoasters, but they will not be awarded attorney fees or statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4593, Categories: Public Record, Attorney Fees
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the warden's motion to dismiss the inmate's habeas petition. Even if his claim about the trial court's violation of his right to counsel had merit, it would not have deprived the court of jurisdiction or rendered his convictions void. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: 2023-Ohio-4568, Categories: Habeas, Jurisdiction
J. Deters finds the juvenile court improperly used a probable cause analysis and denied the state's bindover request in a juvenile's shooting-related case. The DNA evidence on the trigger and grip of the gun used in a shooting satisfied the burden of proof to require a mandatory bindover of the juvenile's case to adult court, as it raised more than a mere suspicion of his guilt. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 1, 2023, Case #: 2023-Ohio-4273, Categories: Dna, Juvenile Law, Manslaughter
Per curiam, the Supreme Court of Ohio finds attorney Douglas W. Bulson Jr. will be suspended from the practice of law for 18 months after he neglected a client matter and waited more than nine years to file a qualified order with a domestic relations court to allow for the transfer of retirement account funds to the client. Although the money could have been invested and earned the client additional funds in the intervening years, the lack of evidence to support a precise amount of lost earnings prevents a restitution order against Bulson, but a suspension is required because of his previous disciplinary issues.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 30, 2023, Case #: 2023-Ohio-4258, 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 to recalculate his prison sentence. The 10-year minimum sentences added to his life sentences for rape convictions were properly calculated under Ohio law, which allows for parole consideration after 10 full years of incarceration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 29, 2023, Case #: 2023-Ohio-4201, Categories: Sentencing, Sex Offender
Per curiam, the Supreme Court of Ohio finds attorney Jack Allen Blakeslee will be suspended from the practice of law for one year for throwing a feces-filled Pringles can into the parking lot of a victim advocacy center while representing a juvenile client in a criminal case. Blakeslee admitted to throwing similar feces-filled items on at least 10 other occasions, a pattern of misconduct that warrants a suspension, although six months will be stayed as long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 29, 2023, Case #: 2023-Ohio-4202, Categories: Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's habeas corpus petition. The trial court's failure to journalize his first resentencing hearing allowed it to maintain jurisdiction over the second resentencing hearing and, therefore, his sentence was lawful and not void. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4189, Categories: Habeas, Sentencing, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: Civil Procedure, Judiciary, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly denied the injured worker's claim for permanent-partial-disability benefits. Although several years have passed since the injury to his hand, none of the medical experts in the case testified he could not regain full use of the hand or that his injuries are permanent in nature. Therefore, at least some evidence supported the commission's denial, which prevents this court from disturbing its opinion. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 22, 2023, Case #: 2023-Ohio-4184, Categories: Experts, Workers' Compensation
Per curiam, the Supreme Court of Ohio finds the jurisdictional question posed by the attorneys of the wife in a divorce case is frivolous in nature. The same attorneys have petitioned this court regarding the same question multiple times and, therefore, they will be sanctioned and declared vexatious litigators. Additionally, the husband will be awarded any attorney fees incurred as a result of this appeal.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 22, 2023, Case #: 2023-Ohio-4185, Categories: Sanctions, Attorney Fees
Per curiam, the Supreme Court of Ohio grants the inmate's petition for a writ of mandamus to compel production of a prison kite sent to the prison cashier because the kite is a public record under Ohio law following this court's ruling in Mobley v. Dept. of Rehabilitation and Correction. However, because the Mobley opinion had not been issued at the time the inmate made his initial request, the department's refusal was made in good faith and the inmate is not entitled to statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 22, 2023, Case #: 2023-Ohio-4183, Categories: Public Record, Damages