190 results for 'court:"Ohio Supreme Court"'.
J. Kennedy finds the police officer's testimony at trial regarding his unit's inventory search policy and bodycam footage of his search of defendant's vehicle was sufficient to render the warrantless search reasonable, and so the appeals court erroneously overturned the trial court's denial of defendant's motion to suppress. Although the law enforcement agency's inventory search policy was not submitted to the trial court, the officer's testimony about the policy, as well his two decades of experience, proved he did not violate defendant's Fourth Amendment rights when he conducted the search and requires reinstatement of defendant's convictions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 4, 2023, Case #: 2023-Ohio-3564, Categories: Firearms, Search
Per curiam, the Supreme Court of Ohio finds the Ohio Industrial Commission properly denied the injured employee's request for an additional benefit award for a specific safety violation because evidence in the record indicated the employer modified the safety guards of a die-cutter machine not to disable the safety features, but to prevent inadvertent shutdowns from incidental contact. Although the heavier safety guards may have been less effective than the originals - which were removed because they were bowed - they still provided protection for employees and prevented the award of a specific safety violation benefit. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 4, 2023, Case #: 2023-Ohio-3559, Categories: Employment, Evidence, Workers' Compensation
J. Brunner finds the appeals court properly overturned a lower court's decision, as fees incurred by the Bureau of Workers' Compensation to conduct a medical examination that ultimately resulted in a denial of benefits could not be recovered via subrogation after the applicant settled his personal injury lawsuit with a third party. The bureau was entitled to request a medical review when the claimant sought additional benefits, but it bears the cost of such an examination, which was not completed for the claimant's benefit. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: October 3, 2023, Case #: 2023-Ohio-3522, Categories: Civil Procedure, Insurance, Workers' Compensation
Per curiam, the Supreme Court of Ohio finds attorney Hugh McCloskey will be suspended from the practice of law for one year after he submitted grossly inaccurate fee-application forms for his work as a court-appointed attorney at the Hamilton County Common Pleas Court, which included claims for working for more than 24 hours in a single day on several occasions. However, because McCloskey refunded a portion of his earnings to the court, engaged fully with the disciplinary process, and subscribed to time-management software to help with any issues in the future, his suspension will be stayed in its entirety.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023-Ohio-3447, Categories: Sanctions, Attorney Discipline
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Per curiam, the Supreme Court of Ohio grants, in part, an individual's motion for a writ of mandamus, ruling he is entitled to camera footage and other public records the warden failed to provide and that are not exempt from disclosure under the Ohio Public Records Act. Additionally, the warden's failure to provide the public records and his improper responses to the initial requests entitles him to $3,000 in statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 27, 2023, Case #: 2023-Ohio-3399, Categories: Public Record, Damages
J. Fischer finds the appeals court improperly ruled in favor of a drilling business in an indemnification action. The energy company was not required to provide notice of its intent to seek indemnification from the business to recoup a $50,000 fine assessed by the state of Ohio for the drilling company's pollution of natural resources because the parties' contract expressly abrogated standard notice requirements. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: September 27, 2023, Case #: 2023-Ohio-3398, Categories: Energy, Indemnification, Contract
Per curiam, the Supreme Court of Ohio finds attorney Ric Daniell will be suspended from the practice of law for two years for his failure to properly maintain a client trust account, failure to perform adequate work on behalf of clients seeking to adopt several children and his initial refusal to cooperate with the disciplinary committee. Daniell's previous disciplinary issues require he serve at least six months of the suspension, although the remaining 18 months will be stayed, provided he make restitution to the clients and complete continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 26, 2023, Case #: 2023-Ohio-3383, Categories: Sanctions, Attorney Discipline
J. Kennedy finds that while this court previously remanded an individual's case to the appeals court with instructions to provide further analysis of his Open Meetings Act claims, the appeals court properly granted the board of commissioner's motion to dismiss because the petitioner had already obtained relief in the form of certain public documents, while the allegedly unlawful consent agenda was no longer used by the board, which mooted the claim. However, the appeals court erroneously reopened the question of whether the board's initial actions violated the Act, and so the case will again be remanded to allow for analysis of whether he is entitled to statutory damages. Affirmed in part.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: September 26, 2023, Case #: 2023-Ohio-3382, Categories: Government, Public Record, Damages
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel placement of her name on the November 2023 ballot for Galion City Council, ruling the board of elections properly invalidated an entire part-petition for a single forged signature because the evidence in the record established a woman signed for both herself and her husband in the presence of the candidate, which allowed the board to infer fraud.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 22, 2023, Case #: 2023-Ohio-3378, Categories: Civil Procedure, Elections, Government
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel the board of elections to remove certain candidates from the November 2023 ballot, ruling that because the territory of the Cleveland Municipal Court extends beyond the city's corporate limits, the city charter does not govern nomination requirements. Certain Ohio laws establish the number of signatures required, and because the candidates for judge and clerk met those requirements, they were properly placed on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 21, 2023, Case #: 2023-Ohio-3377, Categories: Civil Procedure, Elections, Government
Per curiam, the Supreme Court of Ohio denies a individual's request for a writ of mandamus to compel placement of a local liquor option on the November 2023 ballot. The board of election's failure to provide certain documents when the business owner requested a petition did not violate election laws because the statute governing liquor sales does not require the documents, and in any case, the owner's failure to attach a require affidavit rendered the petition invalid on its face.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 20, 2023, Case #: 2023-Ohio-3351, Categories: Civil Procedure, Elections
J. Stewart finds the energy commission properly approved a 9.91% rate of return on the natural gas company's alternative rate plan despite poor market conditions. No statutory language requires the commission to follow market conditions when setting rates. Additionally, the decision was not unreasonable because it was based on a rate previously issued by the commission for another rate plan by another natural gas provider and was supported by independent evidence, as well as testimony from the natural gas company. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: September 20, 2023, Case #: 2023-Ohio-3289, Categories: Energy, Evidence, Tax
Per curiam, the Supreme Court of Ohio grants a limited writ of mandamus to the reproductive rights advocacy groups, ruling the term "citizens of the State" is misleading as it is used in the ballot language because it might confuse voters and lead them to believe the constitutional amendment would limit the rights of individuals to oppose abortion. Therefore, the term "citizens of the State" will be replaced with "the state." However, the use of the term "unborn child" instead of "fetus" is not overly argumentative and is factually accurate, and so any further changes to the ballot language are unnecessary.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3325, Categories: Elections, Health Care
Per curiam, the Supreme Court of Ohio denies a teacher's request to compel the production of documents related to an incident of suspected child abuse because there is no indication the call screen log was ever produced by the police department during the investigation into another teacher at the school. Meanwhile, the petitioner is not entitled to statutory damages under the Ohio Public Records Act because the initial redactions in the records were made to protect the identity of a possible suspect.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3285, Categories: Government, Public Record, Damages
Per curiam, the Supreme Court of Ohio denies the board of education's petition for a writ of mandamus to compel placement of a tax levy on the November 2023 ballot. The board failed to comply with all filing requirements when it submitted an incorrect estimate for the increase in tax payments per $100,000 in property value. The board argues the estimate was a "scrivener's error" included because it had contemplated three different tax increases, but the tax increase amount is a crucial aspect of the issue and does not amount to a harmless error.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 2023-Ohio-3286, Categories: Education, Elections, Tax
Per curiam, the Supreme Court of Ohio finds the court of appeals properly dismissed the inmate's petition for a writ of mandamus to compel the trial court to issue a final, appealable order. He had an adequate remedy via making his request to the trial court and then appealing any adverse decision. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3114, Categories: Criminal Procedure
Per curiam, the Supreme Court of Ohio finds the court of appeals property dismissed a property owner's appropriation action. The owner was required to file a direct appeal of the zoning board's denial of his request for a permit to place a houseboat on his pond prior to seeking mandamus relief to compel appropriation proceedings. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3115, Categories: Civil Procedure, Property, Zoning
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the union's request for a writ of mandamus and statutory damages following a city's refusal to provide certain requested records. The union's request for all emails exchanged between two specific city employees over a specific period of time satisfied particularity requirements of the Ohio Public Records Act and required the city to promptly provide the requested information. Affirmed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3112, Categories: Government, Public Record, Damages
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the inmate's petition for a writ of mandamus to compel the prosecuting attorney to join in his motion to vacate his plea agreement in a murder case. He seeks to enforce a contractual obligation with the prosecutor, which is a type of relief not cognizable in a mandamus claim. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3113, Categories: Criminal Procedure, Plea
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus to compel production of certain documents became moot when the warden's assistant fulfilled the initial request. Furthermore, he is not entitled to statutory damages because he failed to follow up on the initial request prior to filing his petition with this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3096, Categories: Civil Procedure, Public Record, Damages
J. Fischer finds the court of appeals erroneously upheld the trial court's refusal to compel arbitration on a second lawsuit filed by a truck buyer against a warranty company. The trial court's decision to compel arbitration in the first lawsuit was a final, appealable ruling that required application of res judicata in the buyer's second lawsuit. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: September 6, 2023, Case #: 2023-Ohio-3097, Categories: Arbitration, Civil Procedure, Warranty
Per curiam, the Supreme Court of Ohio finds attorney Shawn Romer will be indefinitely suspended from the practice of law after he pleaded guilty to several felony charges that stemmed from his cocaine use with a minor who was part of a sex trafficking operation. Although Romer has a clean disciplinary record, he has a long-term substance abuse problem and several other criminal convictions that prevent him from practicing law any time in the foreseeable future.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3099, Categories: Evidence, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition to vacate his sentences for an allegedly unlawful transfer of his underlying criminal case. Any violations of local rules regarding the transfer of the case to a visiting judge should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3098, Categories: Criminal Procedure, Judiciary
Per curiam, the Supreme Court of Ohio finds the appeals court properly denied the employee's petition for a writ of mandamus to reverse the decision of the Industrial Commission because some evidence in the record supported its denial of benefits for vision loss. An independent medical examination showed that while the employee showed a drastic reduction in peripheral vision after his workplace injury, this reduction would not have been caused by any injury to the eye or the types of injuries he sustained in his accident. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3081, Categories: Damages, Workers' Compensation
Per curiam, the Supreme Court of Ohio finds the inmate is not entitled to a writ of mandamus to compel the production of documents from the warden because he failed to rebut the warden's testimony the requested records do not exist, which also precludes any award of statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3080, Categories: Public Record, Damages
Per curiam, the Supreme Court of Ohio finds attorney Griff Nowicki will be suspended from the practice of law for one year for engaging in sexual conduct with a client while representing that client and her husband in a civil matter. Although Nowicki eventually withdrew as counsel for the couple, he represented the wife in divorce proceedings despite an obvious conflict of interest, but his suspension will be stayed so long as he commits no further misconduct and completes continuing education classes.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3079, Categories: Evidence, Sanctions, Attorney Discipline
J. Stewart finds the appeals court erroneously determined the trial court could not revise defendant's sex offender classification. Defendant was required to register as a Tier I sex offender for 10 years under Megan's Law and could not seek early termination of his registration requirements, as that classification is mandated by the sentencing laws in effect at the time of a defendant's conviction. Furthermore, defendant's registration requirements under Megan's Law commenced on the date of his conviction in Ohio, regardless of the fact he moved to Kentucky immediately after the conviction, and the 10-year period was not tolled during his residence in Kentucky. Reversed in part.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 31, 2023, Case #: 2023-Ohio-3027, Categories: Criminal Procedure, Sentencing, Sex Offender
Per curiam, the Supreme Court of Ohio denies the civil service commission's request for a writ of prohibition, ruling the common pleas court judge maintained jurisdiction over the city employee's appeal, which was filed in July 2020, within the one-month timeframe of the June 2020 decision, and did not concern a decision from the commission made in 2019.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: August 30, 2023, Case #: 2023-Ohio-3006, Categories: Civil Procedure, Jurisdiction