190 results for 'court:"Ohio Supreme Court"'.
Per curiam, the Supreme Court of Ohio finds law school graduate Jared Cline's application for admission to the practice of law will be denied for his breach of a contract with the Ohio Lawyers Assistance Program that required him to attend AA meetings and refrain from consumption of alcohol for a 2-year period. Cline, who has a previous DUI conviction, drank several beers with family members after the death of his grandfather and refuses to accept he has a substance abuse problem.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 21, 2023, Case #: 2023-Ohio-4169, Categories: Sanctions, Attorney Discipline
J. Donnelly finds that former Hamilton County Juvenile Court Judge Tracie Hunter will be indefinitely suspended from the practice of law for a felony conviction that stemmed from her conduct as a judge, which included allowing social, political and family interests to influence her actions. Hunter sent a letter to the corrections facility that employed her brother and requested various documents while he was being investigated for misconduct and she was eventually convicted of a single charge of unlawful interest in a public contract. Although she had no prior disciplinary record, she refused to acknowledge the wrongful nature of her conduct and must be suspended indefinitely.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: November 21, 2023, Case #: 2023-Ohio-4168, Categories: Judiciary, Sanctions, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the affidavits from both a client and the attorney who investigated the individual's unauthorized practice of law were sufficient to establish he filed documents on the client's behalf and held himself out to be an attorney despite no authority to practice law in the state of Ohio. Therefore, a permanent injunction will be issued to prevent further misconduct and the individual will be fined $5,000.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 9, 2023, Case #: 2023-Ohio-4036, Categories: Sanctions, Attorney Discipline
J. DeWine finds the ability of a trial court to reduce the length of an arson offender's registration on Ohio's arson offender registry being tied to a recommendation by prosecutors does not violate the separation of powers doctrine. The duty to register is not a criminal sentence but attaches as a matter of law and, therefore, is within the legislative branch's authority. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: November 9, 2023, Case #: 2023-Ohio-4035, Categories: Constitution, Sentencing, Arson
Per curiam, the Supreme Court of Ohio finds attorney Theodore Ferris Scribner will be suspended from the practice of law for two years for the mismanagement of client funds in at least nine cases, including cash withdrawals for personal expenses and failing to properly balance or document his client trust account. However, 18 months of his suspension will be stayed, as he had no previous disciplinary issues and made a good faith effort at restitution.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 8, 2023, Case #: 2023-Ohio-4017, Categories: Sanctions, Attorney Discipline
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Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. Even if his claims regarding the jurisdiction of the trial court in his 2009 case had merit, the prison sentence from his 2007 case would remain in effect and he would not be entitled to immediate release. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 8, 2023, Case #: 2023-Ohio-4018, Categories: Habeas, Sentencing, Jurisdiction
Per curiam, the Supreme Court of Ohio finds attorney Gregory Carter will be suspended from the practice of law for two years for his failure to deposit a client's payment in his trust account and for a sexual interaction with the client's girlfriend, which included forcing her to perform oral sex in his office as a "reward" for his legal services. Carter also refused to acknowledge the seriousness of his misconduct, which resulted in a police investigation, but because he has a clean disciplinary record, the second year of his suspension will be stayed so long as he completes the necessary continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: 2023-Ohio-3992, Categories: Evidence, Attorney Discipline
J. Kennedy finds the lower court erroneously dismissed the vexatious litigator's objections to its previous decision. The objections were mailed three hours before another court declared him a vexatious litigator and, therefore, were part of the "filing process" and not a continuance of the case. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: November 7, 2023, Case #: 2023-Ohio-3993, Categories: Civil Procedure
J. Brunner finds the administrative law judge properly granted the policyholder's discovery request for documents that would have been excluded in a contract action. The bad faith claim asserted by the policyholder against the insurer is a tort action independent of the insurance contract between the parties and allowed the judge to apply Ohio law in his choice of law analysis. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: November 1, 2023, Case #: 2023-Ohio-3921, Categories: Insurance, Tort, Choice Of Law
Per curiam, the Supreme Court of Ohio finds the developer is entitled to a writ of prohibition to prevent any alterations to the judgment or an award of additional fees to the homeowners. The trial court lost jurisdiction over the lawsuit when it entered a final judgment in favor of the homeowners and, upon a limited remand from the appeals court, could not consider the homeowners' request for additional attorney fees.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 31, 2023, Case #: 2023-Ohio-3907, Categories: Civil Procedure, Jurisdiction, Attorney Fees
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the petitioner's request for writs of mandamus and prohibition to compel a jury trial after contempt proceedings were initiated. There is no right to a jury trial during civil contempt proceedings and he had an adequate remedy to challenge the court's jurisdiction through a direct appeal of any adverse ruling. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-Ohio-3864, Categories: Civil Procedure, Contempt
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: Burglary, Sentencing, Theft
J. Kennedy finds the appeals court erroneously vacated defendant's conviction for gross sexual imposition because the victim's blindness constituted a substantial impairment under Ohio law that prevented her from defending against unwanted contact. Although the facility at which defendant worked and the victim lived was an independent living facility and defendant's interactions with the victim were limited, he knew she was blind and testified he understood she had poor hygiene and had soiled her pants prior to their sexual contact, all of which allowed a reasonable jury to infer defendant was aware of the victim's disabilities and inability to consent. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 2023-Ohio-3800, Categories: Evidence, Sex Offender
J. DeWine finds the appeals court erred in reversing trial court’s grant of summary judgment in favor of friend’s insurer Acuity. The vehicle owner allowed a friend who was not an “insured person” to borrow the vehicle when he drove off the road and injuring three people. Both insurance policies had the same liability limits, but the plain language of the policy has to be applied here for the definition of “insured person.” Under this plain language the friend’s insurer Acuity is the responsible party and must provide the coverage. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 19, 2023, Case #: 2023-Ohio-3780, Categories: Insurance
[Consolidated.] J. DeWine finds the Ohio Power Siting Board properly approved the solar power company's applications to construct two solar farms in Preble County. The farms comply with all applicable regulations, while the concerned citizens group was also provided with all environmental impact data, including noise and visual impact studies. Additionally, survey teams conducted studies of wildlife and vegetation that could be affected by the solar farms, and while the citizens group questions the methodology used by the teams, the board's regulations do not require any specific inspections. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 18, 2023, Case #: 2023-Ohio-3778, Categories: Energy, Environment, Licensing
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petitions for writs of mandamus and prohibition because his right to counsel claim regarding his lack of an attorney at sentencing could have been raised on direct appeal and was not a jurisdictional defect that deprived the trial court of jurisdiction to sentence him. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 17, 2023, Case #: 2023-Ohio-3742, Categories: Sentencing, Jurisdiction, Self Representation
J. Kennedy finds the lower court properly granted the former funeral home director's motion for summary judgment on misappropriation and tort claims. The funeral home's customer information regarding "preneed funeral contracts" was not a trade secret under Ohio law because it was provided to various employees and was available to the public through records requests. Meanwhile, because the tort claims brought by the funeral home were based on the same set of facts as the trade secrets claim, they were preempted. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 12, 2023, Case #: 2023-Ohio-3687, Categories: Trade Secrets, Tort, Interference With Contract
Per curiam, the Supreme Court of Ohio finds attorney Peter Lu's application for admission to the practice of law in Ohio will be denied based on questions about his past employment, including several prosecutor's offices that refused to give favorable recommendations, and a criminal investigation in Oregon, both of which reflect poorly on his fitness to practice law.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 12, 2023, Case #: 2023-Ohio-3684, Categories: Licensing, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Jeffery Johns Jr.'s application to practice law in Ohio will be denied based on his lengthy criminal history, which includes at length 10 incidents dating back to grade school and as recently as his violation of a civil protective order while he was in law school. Johns refuses to take responsibility for nearly any of his crimes and also lied to an attorney during a child custody case involving his daughter, all of which proves he does not possess the required moral character to practice law.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 12, 2023, Case #: 2023-Ohio-3679, Categories: Licensing, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds that attorney Omar Shaaban will be suspended from the practice of law for two years for his failure to adequately communicate with at least eight clients and his sharing of legal fees with a non-attorney who helped solicit clients involved in foreclosures. Shaaban also failed to provide documents requested by the disciplinary counsel until he was threatened with a subpoena, but because he has no previous disciplinary issues and eventually accepted responsibility for his actions, one year of suspension will be stayed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: 2023-Ohio-3671, Categories: Sanctions, Attorney Discipline
J. Donnelly finds the appeals court erroneously overturned the trial court's decision to grant defendant's motion to dismiss on speedy trial grounds. He satisfied notice requirements under Ohio law when he delivered a request for disposition of the criminal charges to the warden of the facility where he was incarcerated on other convictions. Although the warden failed to deliver any of defendant's numerous requests to the relevant prosecuting attorney or trial court, defendant complied with Ohio law when he sent notice to the warden and, therefore, the trial court properly dismissed the case on speedy trial grounds. Reversed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: October 10, 2023, Case #: 2023-Ohio-3647, Categories: Criminal Procedure, Speedy Trial
Per curiam, the Supreme Court of Ohio finds the mayor of East Cleveland is not entitled to a writ of prohibition to prevent a mayoral recall issue from being placed on the November 2023 ballot. The issue was ratified by the city council, not the board of elections, which did not exercise quasi-judicial power when it confirmed placement of the issue on the ballot. The mayor was required to file a written protest of the board of elections' decision to compel a public hearing on the issue, but his failure to do so prevents him from challenging the decision in this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 8, 2023, Case #: 2023-Ohio-3668, Categories: Elections, Government
Per curiam, the Supreme Court of Ohio finds the Secretary of State and board of elections improperly denied the individuals' request for a writ of mandamus to remove the "drag show" ban from the November 2023 ballot. The circulators of the ballot issue altered both the title and bill after they collected signatures to put the issue on the ballot. The ultimate language of the ballot issue did not match that of the petition signed by the electors, which invalidates the signatures and prevents placement of the issue on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 8, 2023, Case #: 2023-Ohio-3667, Categories: Civil Procedure, Elections, Government
Per curiam, the Supreme Court of Ohio finds the individuals are entitled to a writ of mandamus to place the annexation referendum on the November 2023 ballot. Even if circulators conflated zoning and annexation issues in flyers distributed among voters, these misrepresentations do not allow removal of the issue from the ballot, but can only result in fines against the circulators.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 7, 2023, Case #: 2023-Ohio-3664, Categories: Elections, Government, Zoning
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the employee's request for a writ of mandamus and ordered the Industrial Commission to use his contact lens-aided vision as the preinjury comparator. While the employee had poor vision prior to his industrial accident, he used the contact lens for more than 40 years and was entitled to have that corrected vision act as a baseline for workers' compensation benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 5, 2023, Case #: 2023-Ohio-3567, Categories: Evidence, Workers' Compensation