Supreme Court of Ohio Decisions 2012
Date: December 31, 2012
Citation: 2012-Ohio-6208
Docket Number: 2010-2260
Justia Opinion Summary: Defendant was convicted of murder and multiple counts of aggravated burglary, aggravated robbery, and kidnapping. Defendant was allegedly one of four men involved in the crimes. As part of the proof to establish…
Date: December 20, 2012
Citation: 2012-Ohio-5993
Docket Numbers: 2010-2265, 20102265
Date: December 20, 2012
Citation: 2012-Ohio-5994
Docket Number: 2011-1722
Date: December 17, 2012
Citation: 2012-Ohio-6338
Docket Number: 12-AP-134
Date: December 14, 2012
Citation: 2012-Ohio-6336
Docket Number: 12-AP-119
Date: December 13, 2012
Citation: 2012-Ohio-6343
Docket Number: 12-AP-128
Date: December 12, 2012
Citation: 2012-Ohio-5852
Docket Numbers: 2008-1708, 2012-0296
Date: December 12, 2012
Citation: 2012-Ohio-5850
Docket Number: 2012-0644
Date: December 11, 2012
Citation: 2012-Ohio-6031
Docket Number: 2011-1750
Date: December 7, 2012
Citation: 2012-Ohio-5779
Docket Number: 2011-1016
Date: December 7, 2012
Citation: 2012-Ohio-5776
Docket Number: 2011-1536
Justia Opinion Summary: Appellants, contractors and engineers, filed a declaratory judgment action against Appellee, the tax commissioner of Ohio, seeking a judgment declaring that the Ohio commercial activity tax (CAT), as it related to…
Date: December 7, 2012
Citation: 2012-Ohio-5777
Date: December 6, 2012
Citation: 2012-Ohio-5677
Docket Number: 2008-0525
Justia Opinion Summary: Defendant was charged with one count of aggravated murder, one count of murder, and two counts of rape. Defendant was sentenced to death for the aggravated murder and to twenty years in prison for the two rape…
Date: December 6, 2012
Citation: 2012-Ohio-5700
Docket Number: 2011-0252
Justia Opinion Summary: The Shelly Company, an Ohio corporation engaged in the business of surfacing roads, owned several subsidiaries, including appellants Shelly Materials, Inc. and Allied Corporation (collectively, Shelly). The hot-mix…
Date: December 6, 2012
Citation: 2012-Ohio-5682
Docket Number: 2011-0299
Date: December 6, 2012
Citation: 2012-Ohio-5699
Docket Number: 2011-0619
Justia Opinion Summary: After a jury trial, Defendant was convicted of forcible rape of a child, gross sexual imposition, and kidnapping. The trial court sentenced Defendant to twenty-five years to life in prison. The court of appeals affirmed…
Date: December 6, 2012
Citation: 2012-Ohio-5698
Docket Number: 2011-0742
Date: December 6, 2012
Citation: 2012-Ohio-5711
Docket Number: 2011-0743
Justia Opinion Summary: Plaintiff filed a wrongful death action against the city and two of its firefighters. The action arose out of the death of Plaintiff's husband and grandson, who died when a city fire engine operated and commanded by the…
Date: December 6, 2012
Citation: 2012-Ohio-5690
Docket Number: 2011-0751
Justia Opinion Summary: Electric distribution utilities that opt to provide service under an electric security plan must undergo an annual earnings review. If their plan resulted in "significantly excessive earnings" compared to similar…
Date: December 6, 2012
Citation: 2012-Ohio-5686
Docket Number: 2011-0899
Justia Opinion Summary: This case involved a medical-malpractice claim filed well after the statute of repose set forth in Ohio Rev. Code 2305.113(C). Timothy and Tracy Ruther sued a doctor and medical facility, claiming that the doctor had…
Date: December 6, 2012
Citation: 2012-Ohio-5697
Docket Number: 2011-0934
Justia Opinion Summary: Ohio Rev. Code 2152.83(A)(1) requires that a juvenile court issue on order classifying the child as a juvenile-offender registrant at the time of the child's release from the custody of a secure facility. When he was…
Date: December 6, 2012
Citation: 2012-Ohio-5752
Docket Number: 2011-1066
Justia Opinion Summary: At issue in this case was Appellant’s failure to provide notice of a change of residence address. Appellant was a sex offender, originally classified under Megan's Law, who was indicted for violating the…
Date: December 6, 2012
Citation: 2012-Ohio-5685
Docket Number: 2011-1076
Justia Opinion Summary: Employee worked in the aisle of a warehouse where he sustained injuries when a co-worker operating a sideloader struck him. Employee sued Employer, asserting the company had deliberately intended to injure him by…
Date: December 6, 2012
Citation: 2012-Ohio-5688
Docket Number: 2011-1473
Justia Opinion Summary: The issue in this appeal was whether a judgment of a court purporting to grant an acquittal based on lack of venue is a "final verdict" as that term is defined in Ohio Rev. Code 2945.67(A), which authorizes the state to…
Date: December 6, 2012
Citation: 2012-Ohio-5692
Docket Number: 2011-1708
Justia Opinion Summary: Ohio's equine-activities-immunity statute, Ohio Rev. Code 2305.321, provides immunity from liability for harm sustained by an equine activity participant allegedly resulting from the inherent risk of equine activities.…
Date: December 6, 2012
Citation: 2012-Ohio-5679
Docket Number: 2011-1757
Justia Opinion Summary: Appellees filed a complaint for injunctive relief and declaratory judgment challenging the constitutionality of Ohio Rev. Code 4509.05(A) and asserting that the amended statute violated Ohio Const. art XII, 5a. The…
Date: December 6, 2012
Citation: 2012-Ohio-5684
Docket Number: 2011-1882
Justia Opinion Summary: A jury found Appellant guilty of aggravated murder and aggravated robbery. After Appellant's convictions and sentence were affirmed, Appellant filed a pro se motion to order the preservation and listing of evidence…
Date: December 6, 2012
Citations: 134 Ohio St.3d 509, 2012-Ohio-5676
Docket Number: 2011-1933
Justia Opinion Summary: Appellee, a graduate of a foreign medical school, was required to be certified by the Educational Commission for Foreign Medical Graduates (commission) before applying for medical residency in Ohio. Appellee thus applied…
Date: December 6, 2012
Citation: 2012-Ohio-5743
Docket Number: 2011-1979
Justia Opinion Summary: After an unmarried couple ended their relationship, they reached an agreement on issues pertaining the parental rights and responsibilities regarding their child. A hearing was held on the only remaining issue that the…
Date: December 6, 2012
Citation: 2012-Ohio-5695
Docket Number: 2011-2094
Justia Opinion Summary: Defendant was convicted of rape, gross sexual imposition, kidnapping, and unlawful sexual conduct with a minor. The court of appeals reversed, holding (1) pursuant to State v. Curry, other acts evidence offered to show a…
Date: December 6, 2012
Citation: 2012-Ohio-5680
Docket Number: 2011-2096
Justia Opinion Summary: In this appeal of a real-property-valuation case, the city school district board of education challenged a decision of the board of tax appeals (BTA) that affirmed the county board of revision's (BOR) adoption of a sale…
Date: December 6, 2012
Citation: 2012-Ohio-5738
Docket Number: 2011-2126
Justia Opinion Summary: Appellant was a sex offender, originally classified under Megan's Law, who violated former Ohio Rev. Code 2950.99 by failing to give proper notice of an address change. At issue in this case was whether current section…
Date: December 6, 2012
Citation: 2012-Ohio-5683
Docket Number: 2011-2134
Justia Opinion Summary: At issue in this appeal was whether an individual who is the subject of an outstanding arrest warrant forfeits all expectations of privacy protected by the Fourth Amendment. Defendant in this case moved the trial court…
Date: December 6, 2012
Citation: 2012-Ohio-5691
Docket Number: 2011-2147
Justia Opinion Summary: When a complaint has been filed that contests the county auditor's valuation of a particular parcel, as it was in this case, and when that complaint asks for a value increase or reduction of $17,500 or more, Ohio Rev.…
Date: December 6, 2012
Citation: 2012-Ohio-5696
Docket Number: 2012-0059
Justia Opinion Summary: Appellee committed an act on September 1, 2007 that, if committed by an adult, would constitute rape. On May 19, 2010, the juvenile court classified Appellee as a Tier III sex offender under S.B. 10. Appellee appealed,…
Date: December 6, 2012
Citation: 2012-Ohio-5678
Docket Number: 2012-0162
Justia Opinion Summary: After a jury trial, Appellee was convicted of one count of rape and one count of kidnapping. The court of appeals vacated both convictions, holding that the State failed to present sufficient evidence showing Appellee…
Date: December 6, 2012
Citation: 2012-Ohio-5750
Docket Number: 2012-0383
Justia Opinion Summary: On October 10, 2011 the board of revision issued a decision ordering reductions in the valuation of property owed by a county club. The local school district board of education (school board) attempted to appeal that…
Date: December 6, 2012
Citation: 2012-Ohio-5689
Docket Number: 2012-0991
Date: December 6, 2012
Citation: 2012-Ohio-5719
Docket Number: 2012-0996
Date: December 6, 2012
Citation: 2012-Ohio-5694
Docket Number: 2012-1002
Date: December 6, 2012
Citation: 2012-Ohio-5687
Docket Number: 2012-1008
Date: December 6, 2012
Citation: 2012-Ohio-5712
Docket Number: 2012-1013
Date: December 6, 2012
Citation: 2012-Ohio-5633
Docket Numbers: 2012-1097, 2012-1218
Date: December 6, 2012
Citation: 2012-Ohio-5674
Docket Number: 2012-1186
Justia Opinion Summary: Respondent was a candidate for judge of the fifth district court of appeals of Ohio for the six-year term beginning February 11, 2013. Respondent won in the primary election but lost in the general election. A…
Date: December 5, 2012
Citation: 2012-Ohio-5637
Docket Number: 2009-1292
Justia Opinion Summary: This was an original action by Relators, property owners, for a writ of mandamus to compel Respondents, the Department of Natural Resources and its director, to initiate appropriation proceedings for the physical taking…
Date: December 5, 2012
Citation: 2012-Ohio-5497
Docket Number: 2011-0170
Date: December 5, 2012
Citation: 2012-Ohio-5639
Docket Number: 2011-0902
Justia Opinion Summary: This appeal presented issues regarding the scope of a workers' compensation appeal in common pleas court pursuant to Ohio Rev. Code 4123.512. Specifically, the appeal concerned whether, in that proceeding to determine a…
Date: December 5, 2012
Citation: 2012-Ohio-5636
Docket Number: 2011-1383
Justia Opinion Summary: Defendant appealed from a judgment of the court of appeals that affirmed his classification as a Tier I sex offender based on his guilty plea to one count of sexual imposition. At issue was whether the trial court…
Date: December 5, 2012
Citation: 2012-Ohio-5635
Docket Number: 2011-1520
Date: December 5, 2012
Citation: 2012-Ohio-5496
Docket Number: 2011-1581
Date: December 5, 2012
Citation: 2012-Ohio-5495
Docket Numbers: 2011-1693, 2011-1694
Date: December 5, 2012
Citation: 2012-Ohio-5626
Docket Number: 2011-1899
Date: December 5, 2012
Citation: 2012-Ohio-5499
Docket Number: 2011-2104
Date: December 5, 2012
Citation: 2012-Ohio-5634
Docket Number: 2012-0306
Date: December 5, 2012
Citation: 2012-Ohio-5644
Docket Number: 2012-0428
Date: December 5, 2012
Citation: 2012-Ohio-5643
Docket Number: 2012-0681
Date: December 5, 2012
Citation: 2012-Ohio-5494
Docket Number: 2012-0867
Date: December 5, 2012
Citation: 2012-Ohio-5498
Docket Number: 2012-0897
Date: December 5, 2012
Citation: 2012-Ohio-5640
Docket Number: 2012-1009
Date: December 5, 2012
Citation: 2012-Ohio-5641
Docket Number: 2012-1011
Date: December 5, 2012
Citation: 2012-Ohio-5638
Docket Number: 2012-1023
Date: December 5, 2012
Citation: 2012-Ohio-5627
Docket Number: 2012-1283
Date: December 5, 2012
Citation: 2012-Ohio-5642
Docket Number: 2012-1341
Date: December 4, 2012
Citation: 2012-Ohio-5561
Docket Number: 2011-1925
Justia Opinion Summary: A grand jury issued an indictment charging Appellee with two counts of trafficking in drugs. Appellee filed a motion to dismiss, alleging that the indictment did not sufficiently charge the two trafficking counts because…
Date: December 3, 2012
Citation: 2012-Ohio-5559
Docket Number: 2010-2260
Justia Opinion Summary: At issue in this case was whether, in general, cell-phone records produced by a cell-phone company constitute testimonial evidence that implicates a defendant's right to cross-examine a witness under the Confrontation…
Date: December 3, 2012
Citation: 2012-Ohio-5528
Docket Number: 2012-0678
Date: December 3, 2012
Citation: 2012-Ohio-5527
Docket Number: 2012-0684
Date: November 29, 2012
Citation: 2012-Ohio-5479
Docket Number: 2011-1664
Justia Opinion Summary: In this certified conflict, the Supreme Court considered whether a trial court's failure to impose the statutorily mandated fine required by Ohio Rev. Code 2925.11(E)(1)(a) and 2929.18(B)(1) when no affidavit of…
Date: November 29, 2012
Citation: 2012-Ohio-5481
Docket Number: 2012-0316
Date: November 29, 2012
Citation: 2012-Ohio-5480
Docket Number: 2012-0429
Date: November 29, 2012
Citation: 2012-Ohio-5482
Docket Number: 2012-0691
Date: November 29, 2012
Citation: 2012-Ohio-5487
Docket Number: 2012-1001
Date: November 28, 2012
Citation: 2012-Ohio-5445
Docket Number: 2011-2025
Justia Opinion Summary: Two public utilities (the companies) were wholly owned subsidiaries of appellant FirstEnergy Corporation. Appellees were residential customers of the companies. The customers filed a class-action complaint against…
Date: November 28, 2012
Citation: 2012-Ohio-5458
Docket Number: 2011-2160
Justia Opinion Summary: In this appeal, the Supreme Court resolved a conflict between decisions of the Ninth District Court of Appeals and the Second District Court of Appeals concerning the effect of an individual retirement account…
Date: November 28, 2012
Citation: 2012-Ohio-5457
Docket Number: 2012-0278
Date: November 28, 2012
Citation: 2012-Ohio-5427
Docket Number: 2012-0426
Date: November 28, 2012
Citation: 2012-Ohio-5456
Docket Number: 2012-0656
Date: November 27, 2012
Citation: 2012-Ohio-5379
Docket Number: 2011-0672
Justia Opinion Summary: This workers' compensation case came before the Supreme Court on an appeal of right from the court of appeals' judgment granting Claimant a writ of mandamus ordering the Industrial Commission to vacate its August 6, 2009…
Date: November 27, 2012
Citation: 2012-Ohio-5392
Docket Number: 2011-0859
Justia Opinion Summary: In this appeal, the Supreme Court was asked to determined whether Ohio Const. art. XII, 5a permits the use of motor vehicle and gas tax (MVGT) funds to pay those costs of a county's joint self-insurance pool attributable…
Date: November 27, 2012
Citation: 2012-Ohio-5380
Docket Number: 2011-2040
Justia Opinion Summary: In this case, the Supreme Court was asked to resolve a conflict between the Third and Tenth District Courts of Appeals. The issue was whether after a claimant's right to participate in the workers' compensation fund has…
Date: November 27, 2012
Citation: 2012-Ohio-5367
Docket Number: 2012-0019
Justia Opinion Summary: This was an original action challenging the decennial apportionment of districts in the General Assembly. At issue was whether the 2011 apportionment plan adopted by the apportionment board (Respondents) complied with…
Date: November 27, 2012
Citation: 2012-Ohio-5389
Docket Numbers: 2012-0655, 2009-1142
Date: November 21, 2012
Citation: 2012-Ohio-5369
Docket Number: 2011-1392
Justia Opinion Summary: Appellant (Bank) loaned money to Appellee (LLC). LLC later filed a putative class action, alleging that Bank had breached its contract by charging interest in excess of the rate stated in the promissory note. LLC claimed…
Date: November 21, 2012
Citation: 2012-Ohio-5345
Docket Number: 2011-1634
Justia Opinion Summary: This appeal involved three rulings in a medical-malpractice trial. Appellee suffered a stroke during brain surgery performed at Appellant, the Cleveland Clinic. Appellee sued the clinic, claiming its surgeon had struck a…
Date: November 21, 2012
Citation: 2012-Ohio-5366
Docket Number: 2011-1740
Justia Opinion Summary: In this case, the Supreme Court considered whether Appellant, Ohio Department of Jobs and Family Services (ODJFS), properly denied applications for federal wage subsidies filed by Appellees, three former employees of…
Date: November 21, 2012
Citation: 2012-Ohio-5370
Docket Number: 2011-1850
Justia Opinion Summary: Youngstown Belt Railway Company entered into a purchase agreement with Total Waste Logistics of Girard for the purchase of Mosier Yard, which the railway owned. The sale was never consummated, and later the city of…
Date: November 21, 2012
Citation: 2012-Ohio-5320
Docket Number: 2012-0943
Justia Opinion Summary: Appellant, the former mayor of the city of Vermilion, appealed from a judgment denying her request for a writ of mandamus to compel Appellee, the city, to provide copies of certain itemized billing statements for…
Date: November 21, 2012
Citation: 2012-Ohio-5365
Docket Number: 2012-1003
Date: November 20, 2012
Citation: 2012-Ohio-5333
Docket Number: 2011-1089
Justia Opinion Summary: Plaintiffs were skiing and Defendant was snowboarding at the same resort when Defendant and one of Plaintiffs collided, injuring Plaintiff. Plaintiffs filed a complaint against Defendant and his parents, alleging that…
Date: November 20, 2012
Citation: 2012-Ohio-5336
Docket Number: 2011-1588
Justia Opinion Summary: The question before the Supreme Court in this case was whether the city of Cuyahoga Falls was immune from liability, pursuant to Ohio Rev. Code 2744, in an action brought by a minor and his parents after the minor was…
Date: November 20, 2012
Citation: 2012-Ohio-5317
Docket Number: 2011-2013
Justia Opinion Summary: Appellee was working as an apprentice lineman for Appellant, an electrical-utility construction contractor, when he came into contact with an energized line and received an electric shock, which caused severe burns.…
Date: November 20, 2012
Citation: 2012-Ohio-5337
Docket Number: 2011-2026
Date: November 20, 2012
Citation: 2012-Ohio-5319
Docket Number: 2012-0988
Date: November 15, 2012
Citation: 2012-Ohio-5270
Docket Number: 2011-1274
Justia Opinion Summary: The City of Reynoldsburg was a municipal corporation governed by a charter. Intervening appellee, Columbus Southern Power Company (CSP), was a public utility and provided electric power to the City and its residents. At…
Date: November 15, 2012
Citation: 2012-Ohio-5202
Docket Number: 2011-2037
Date: November 8, 2012
Citation: 2012-Ohio-5136
Docket Number: 2012-0667
Date: November 7, 2012
Citation: 2012-Ohio-5144
Docket Number: 2011-1501
Justia Opinion Summary: In this case, the Supreme Court was asked to resolve a certified conflict between the fifth and second district courts of appeals on whether res judicata bars a criminal defendant from arguing that his plea is void due…
Date: November 1, 2012
Citation: 2012-Ohio-5047
Docket Number: 2011-0486
Justia Opinion Summary: Appellant was found guilty of aggravated murder and tampering with the evidence. The trial court, however, granted Appellant's motion for judgment of acquittal on the aggravated-burglary count. The Supreme Court accepted…
Date: November 1, 2012
Citation: 2012-Ohio-5046
Docket Number: 2011-0632
Justia Opinion Summary: Appellant was charged with one count of domestic violence. The domestic-violence charge was enhanced to a third-degree felony under the statute applicable to third-time offenders. A jury found Appellant guilty. The court…
Date: November 1, 2012
Citation: 2012-Ohio-5031
Docket Number: 2012-0999
Date: October 31, 2012
Citation: 2012-Ohio-5017
Docket Number: 2011-1201
Justia Opinion Summary: Federal Home Loan Mortgage Corporation commenced this foreclosure action before it obtained an assignment of the promissory note and mortgage securing the Plaintiffs' loan. Plaintiffs maintained that Federal Home Loan…
Date: October 31, 2012
Citation: 2012-Ohio-5014
Docket Number: 2012-0287
Date: October 31, 2012
Citation: 2012-Ohio-5012
Docket Number: 2012-0677
Date: October 31, 2012
Citation: 2012-Ohio-5004
Docket Number: 2012-0697
Date: October 30, 2012
Citation: 2012-Ohio-4961
Docket Number: 2011-0107
Justia Opinion Summary: Pursuant to a plea agreement, the trial court found juvenile appellant J.V. delinquent and guilty of felonious assault, aggravated robbery, and the attendant firearm and serious-youthful-offender specifications. The…
Date: October 30, 2012
Citation: 2012-Ohio-4959
Docket Number: 2012-0053
Date: October 30, 2012
Citation: 2012-Ohio-4998
Docket Number: 2012-0687
Date: October 24, 2012
Citation: 2012-Ohio-4783
Docket Number: 2011-1170
Justia Opinion Summary: At issue in this case was whether an indigent parent whose sentence for civil contempt at a previous hearing for failure to pay child support was suspended on condition that he comply with his child-support obligations…
Date: October 18, 2012
Citation: 2012-Ohio-4700
Docket Number: 2012-0277
Date: October 18, 2012
Citation: 2012-Ohio-4767
Docket Number: 2012-1035
Date: October 18, 2012
Citation: 2012-Ohio-4837
Docket Number: 2012-1666
Justia Opinion Summary: This was an appeal from a judgment granting a writ of mandamus to compel Appellees, the county board of commissioners and the county board of elections, to hold a special election before January 1, 2013 to elect a judge…
Date: October 17, 2012
Citation: 2012-Ohio-4759
Docket Number: 2011-1793
Justia Opinion Summary: In this appeal, Progressive Plastics, Inc. (PPI) challenged the tax commissioner's decision to increase PPI's personal property tax assessments for 2004 and 2005. In amending the assessments, the commissioner recomputed…
Date: October 17, 2012
Citation: 2012-Ohio-4782
Docket Number: 2012-0737
Date: October 17, 2012
Citation: 2012-Ohio-4699
Docket Number: 2012-0940
Justia Opinion Summary: Appellant was appointed as the village of New Miami fiscal officer. Later the mayor discovered that Appellant failed to properly perform his duties as village fiscal officer, and the village council passed a resolution…
Date: October 16, 2012
Citation: 2012-Ohio-4697
Docket Number: 2011-0691
Date: October 16, 2012
Citation: 2012-Ohio-4712
Docket Number: 2011-1486
Justia Opinion Summary: Younglove Construction entered into a contract with PSD Development for the construction of a feed-manufacturing plant. When PSD withheld payment, Younglove brought this diversity suit against PSD and three other…
Date: October 16, 2012
Citation: 2012-Ohio-4713
Docket Number: 2011-2184
Date: October 11, 2012
Citation: 2012-Ohio-4648
Docket Number: 2011-0163
Justia Opinion Summary: This matter was before the Supreme Court on a motion for reconsideration filed by Appellant, Acordia of Ohio, LLC (the LLC). The Supreme Court granted the motion. In Acordia I, the Court affirmed the judgment of the…
Date: October 11, 2012
Citation: 2012-Ohio-4638
Docket Number: 2011-0244
Justia Opinion Summary: Defendant shot Ulysses Altizer. At issue on appeal was Ohio Rev. Code 2941.146, which states that if a defendant fires shots "from a motor vehicle," he is subject to a mandatory, five-year prison term. During trial, the…
Date: October 11, 2012
Citation: 2012-Ohio-4639
Docket Number: 2011-0775
Justia Opinion Summary: Appellant unsuccessfully sought postretirement total disability compensation (TTC). The Industrial Commission of Ohio denied Appellant's application after finding that she had voluntarily abandoned the work force when…
Date: October 11, 2012
Citation: 2012-Ohio-4649
Docket Number: 2011-0926
Justia Opinion Summary: This case involved the interplay between a municipality's expedited type-2 annexation of real property located within a township pursuant to Ohio Rev. Code 709.023 and the municipality's tax-increment finding (TIF)…
Date: October 10, 2012
Citation: 2012-Ohio-4637
Docket Number: 2011-0432
Justia Opinion Summary: Appellant filed an application for permanent total disability (PTD). The Industrial Commission of Ohio found Appellant was capable of sedentary sustained remunerative employment and denied her request for PTD. Appellant…
Date: October 10, 2012
Citation: 2012-Ohio-4630
Docket Number: 2011-1569
Justia Opinion Summary: This was an appeal from a judgment of the court of appeals affirming a trial court's judgment granting a motion to suppress. At issue was whether the trial court abused its discretion in granting the motion to suppress…
Date: October 9, 2012
Citation: 2012-Ohio-4564
Docket Number: 2011-0314
Date: October 9, 2012
Citation: 2012-Ohio-4575
Docket Number: 2011-2046
Date: October 9, 2012
Citation: 2012-Ohio-4565
Docket Number: 2012-0659
Date: October 4, 2012
Citation: 2012-Ohio-4544
Docket Number: 2011-1677
Justia Opinion Summary: At issue in this appeal was whether a hearing to determine a juvenile's amenability to care or rehabilitation in the juvenile system may be waived, and if so, what the standard for waiver should be. In this case, the…
Date: October 4, 2012
Citation: 2012-Ohio-4546
Docket Number: 2012-0645
Date: October 3, 2012
Citation: 2012-Ohio-4538
Docket Number: 2011-0215
Justia Opinion Summary: At issue in this appeal was whether a juvenile has a statutory right to counsel during a police interrogation conducted before a complaint is filed or an appearance is made in juvenile court. The juvenile in this case…
Date: October 3, 2012
Citation: 2012-Ohio-4541
Docket Number: 2011-2043
Date: October 1, 2012
Citation: 2012-Ohio-4530
Docket Number: 2012-1545
Justia Opinion Summary: This was an expedited election action in which Relator, the city of Brecksville, sought writs of mandamus and prohibition to prevents Respondents, the secretary of state and Cuyahoga County board of elections, from…
Date: September 28, 2012
Citation: 2012-Ohio-4425
Docket Number: 2012-1356
Justia Opinion Summary: This was an original action in mandamus by relator, JobsOhio, asking the Supreme Court to (1) find that legislation authorizing the creation of JobsOhio to promote economic development in the state and to assume…
Date: September 27, 2012
Citation: 2012-Ohio-4328
Docket Number: 2011-1681
Date: September 27, 2012
Citation: 2012-Ohio-4326
Docket Number: 2012-0307
Date: September 26, 2012
Citation: 2012-Ohio-4313
Docket Number: 2011-1053
Justia Opinion Summary: A juvenile court issued temporary visitation orders in a pending case for custody under Ohio Rev. Code 2151.23(A)(2) between a parent and nonparent. When the parent violated the orders, the trial court found the parent…
Date: September 26, 2012
Citation: 2012-Ohio-4312
Docket Number: 2011-1197
Justia Opinion Summary: Bay Mechanical & Electrical Corporation, a specialty mechanical contractor, challenged a sales-tax assessment issued by the tax commissioner with respect to Bay's purchase of allegedly taxable employment services. During…
Date: September 26, 2012
Citation: 2012-Ohio-4309
Docket Number: 2011-2055
Date: September 25, 2012
Citation: 2012-Ohio-4307
Docket Number: 2011-0827
Justia Opinion Summary: The issue in this appeal was whether a plea agreement between the Summit County prosecuting attorney and Appellant bound the Portage County prosecuting attorney regarding his prosecution of Appellant for crimes that…
Date: September 25, 2012
Citation: 2012-Ohio-4300
Docket Number: 2012-0315
Date: September 25, 2012
Citation: 2012-Ohio-4299
Docket Number: 2012-0811
Date: September 20, 2012
Citation: 2012-Ohio-4246
Docket Number: 2010-1642
Justia Opinion Summary: This was a public-records mandamus action in which Relator, an attorney representing defendants in criminal cases, sought certain records from Respondents, the county prosecutor's office and the county prosecuting…
Date: September 20, 2012
Citation: 2012-Ohio-4247
Docket Number: 2011-0621
Justia Opinion Summary: Employee was suspended from his position with City and, therefore, was not working when City discharged him. Employee subsequently filed an action against City for retaliatory discharge under Ohio Rev. Code 4123.90.…
Date: September 20, 2012
Citation: 2012-Ohio-4214
Docket Number: 2012-0105
Date: September 20, 2012
Citation: 2012-Ohio-4310
Docket Number: 2012-1515
Justia Opinion Summary: This was an expedited election case for writs of mandamus and prohibition to find Akron Ordinance No. 271-2012 to be invalid and to order Respondents, the Summit County board of elections and the secretary of state of…
Date: September 20, 2012
Citation: 2012-Ohio-4267
Docket Number: 2012-1518
Justia Opinion Summary: This was an expedited election case in which Relators, taxpayers and committee members representing the petitioners supporting the issue, requested a writ of mandamus to compel Respondent, the county board of elections,…
Date: September 19, 2012
Citation: 2012-Ohio-4228
Docket Number: 2012-0202
Justia Opinion Summary: This was an appeal from a judgment denying the request of Appellant for a writ of mandamus to compel Appellee, Columbus State Community College, to provide access to its complaint files, litigation files, and certain…
Date: September 19, 2012
Citation: 2012-Ohio-4230
Docket Number: 2012-0286
Date: September 19, 2012
Citation: 2012-Ohio-4196
Docket Number: 2012-0305
Date: September 18, 2012
Citation: 2012-Ohio-4193
Docket Number: 2010-1335
Justia Opinion Summary: Certain individuals who worked for American Chemical Society (ACS) founded Leadscope Inc. and later received a patent for technology similar to that on which they worked while at ACS. ACS filed a lawsuit against…
Date: September 18, 2012
Citation: 2012-Ohio-4195
Docket Number: 2012-0719
Justia Opinion Summary: Appellant requested a writ of manadmus asking that Appellee, the municipal court judge, be ordered to vacate his judgment dismissing a misdemeanor case against Appellant. The court of appeals denied the request, and the…
Date: September 18, 2012
Citation: 2012-Ohio-4217
Docket Number: 2012-0927
Date: September 14, 2012
Citation: 2012-Ohio-4177
Docket Number: 2012-1295
Justia Opinion Summary: This was an action for writ of mandamus to compel Respondent, the Beaver Township Board of Trustees, to adopt a resolution to cause the Mahoning County Board of Elections to submit to the Beaver Township electors the…
Date: September 12, 2012
Citation: 2012-Ohio-4149
Docket Number: 2012-1443
Justia Opinion Summary: This was an original action pursuant to Ohio Const. art. XVI, 1 for a writ of mandamus compelling Respondent, the Ohio Ballot Board, including the secretary of state, to reconvene forthwith to replace ballot language…
Date: September 6, 2012
Citation: 2012-Ohio-3929
Docket Numbers: 2011-0309, 2011-1759
Date: September 6, 2012
Citation: 2012-Ohio-3930
Docket Number: 2011-1154
Justia Opinion Summary: LTC Properties, Inc., which owned a congregate care assisted-living facility in Licking County, contested the tax-year 2007 valuation of its property as found by the auditor, as retained by the Licking County Board of…
Date: September 6, 2012
Citation: 2012-Ohio-3931
Docket Number: 2011-1526
Justia Opinion Summary: At issue in this case was whether a county sheriff can meet the constitutional obligation of providing notice of a sheriff's sale to a plaintiff by letter directing the plaintiff's attorney to monitor a website for a…
Date: September 6, 2012
Citation: 2012-Ohio-3933
Docket Number: 2011-2049
Date: September 6, 2012
Citation: 2012-Ohio-3935
Docket Number: 2012-0430
Date: September 5, 2012
Citation: 2012-Ohio-3914
Docket Number: 2011-0181
Justia Opinion Summary: At issue in this appeal was whether a private sanitary landfill is a public utility that is exempt from township zoning regulations pursuant to Ohio Rev. Code. 519.211. The trial court concluded that the private landfill…
Date: September 5, 2012
Citation: 2012-Ohio-3915
Docket Number: 2011-2042
Date: September 5, 2012
Citation: 2012-Ohio-3916
Docket Number: 2011-2069
Justia Opinion Summary: Appellant, a classified civil-service employee, filed a writ of mandamus to compel appellees, the Miami County Sheriff's Office and Sheriff Charles Cox, to reinstate him pursuant to Ohio Rev. Code 145.362 to his previous…
Date: September 5, 2012
Citation: 2012-Ohio-3922
Docket Number: 2012-0586
Date: September 5, 2012
Citation: 2012-Ohio-3923
Docket Number: 2012-0601
Justia Opinion Summary: Appellant, who was incarcerated, petitioned for a writ of habeas corpus, claiming (1) the Adult Parole Authority improperly revoked his parole, and (2) the evidence obtained by his parole officer's search of his e-mail…
Date: September 4, 2012
Citation: 2012-Ohio-3906
Docket Number: 2010-1782
Date: September 4, 2012
Citation: 2012-Ohio-3907
Docket Number: 2011-1095
Justia Opinion Summary: Petitioner filed a habeas corpus action in federal district court, asserting that he had received ineffective assistance of counsel at his criminal trial. Respondent, warden of the London Correctional Institution,…
Date: September 4, 2012
Citation: 2012-Ohio-3912
Docket Number: 2012-0276
Date: September 4, 2012
Citation: 2012-Ohio-3913
Docket Number: 2012-0388
Date: August 30, 2012
Citation: 2012-Ohio-3897
Docket Number: 2010-1363
Justia Opinion Summary: Appellants here were property owners who alleged that a foreign municipality rezoned land that lay in the municipality but that was adjacent to their property in another municipality for the benefit of private enterprise…
Date: August 30, 2012
Citation: 2012-Ohio-3895
Docket Number: 2011-0127
Justia Opinion Summary: Employee was injured while working for Employer. Five years later, Employee was fired for violating the company's attendance policy. Employee's termination was later the basis for the Industrial Commission of Ohio's…
Date: August 30, 2012
Citation: 2012-Ohio-3834
Docket Number: 2012-0434
Date: August 30, 2012
Citation: 2012-Ohio-3835
Docket Number: 2012-0904
Justia Opinion Summary: Defendant, who was convicted for criminal offenses, filed a petition for a writ of mandamus to compel Appellee, the county common pleas court judge, to issue a new sentencing entry. Defendant asserted that his current…
Date: August 29, 2012
Citation: 2012-Ohio-3881
Docket Number: 2011-0199
Justia Opinion Summary: Real property owners (Owners) sued Appellant, the county engineer, complaining that their property had been flooded for several years and the water caused damage to their property. Owners alleged that the draining system…
Date: August 29, 2012
Citation: 2012-Ohio-3882
Docket Number: 2011-1426
Date: August 29, 2012
Citation: 2012-Ohio-3886
Docket Number: 2011-1504
Justia Opinion Summary: Appellant pled no contest to burglary and was sentenced accordingly. Appellant appealed, contending that the trial court erred in denying her motion to suppress and to dismiss. The court of appeals affirmed, holding (1)…
Date: August 29, 2012
Citation: 2012-Ohio-3894
Docket Number: 2011-2045
Date: August 29, 2012
Citation: 2012-Ohio-3833
Docket Number: 2012-0508
Justia Opinion Summary: Appellants, Gregory and Jo Ellen Adkins, filed a complaint for a writ of prohibition to prevent Appellee, the county municipal court judge, from exercising any further jurisdiction in Smith v. Adkins. Appellants claimed…
Date: August 28, 2012
Citation: 2012-Ohio-3868
Docket Number: 2011-0120
Date: August 28, 2012
Citation: 2012-Ohio-3872
Docket Number: 2011-1284
Justia Opinion Summary: In this real-property-valution case, Owner sought to reverse the twenty percent increase in the value of his residential property that the auditor ordered for tax year 2007 as part of the sexennial reappraisal in that…
Date: August 28, 2012
Citation: 2012-Ohio-3827
Docket Number: 2011-1867
Date: August 28, 2012
Citation: 2012-Ohio-3828
Docket Number: 2011-1995
Date: August 28, 2012
Citation: 2012-Ohio-3830
Docket Number: 2011-2056
Date: July 25, 2012
Citation: 2012-Ohio-3328
Docket Number: 2011-0132
Justia Opinion Summary: In July 2010, a grand jury returned a 73-count indictment charging several current and former public officials and three organizations with criminal charges. In December 2010, the county court of common pleas judge…
Date: July 25, 2012
Citation: 2012-Ohio-3329
Docket Number: 2011-1724
Justia Opinion Summary: Appellant worked in the classified position of human-services hearing manager with the Ohio Department of Job and Family Services (ODJFS). In December 2004, Appellant was assigned additional duties. Appellant was not…
Date: July 25, 2012
Citation: 2012-Ohio-3327
Docket Number: 2012-0206
Date: July 24, 2012
Citation: 2012-Ohio-3304
Docket Number: 2011-2194
Date: July 24, 2012
Citation: 2012-Ohio-3310
Docket Number: 2012-0465
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing the petition of Appellant for writs of mandamus and procedendo to compel Appellees, the court of common pleas judge and the common pleas court,…
Date: July 19, 2012
Citation: 2012-Ohio-3236
Docket Number: 2010-1636
Justia Opinion Summary: Appellee, together with four codefendants, was indicted for murder, aggravated robbery, involuntary manslaughter, and theft. The defendants' initial convictions were reversed due to a Batson violation. On retrial, the…
Date: July 19, 2012
Citation: 2012-Ohio-3234
Docket Number: 2011-2058
Date: July 19, 2012
Citation: 2012-Ohio-3235
Docket Number: 2011-2059
Date: July 18, 2012
Citation: 2012-Ohio-3208
Docket Number: 2010-2180
Justia Opinion Summary: This matter arose out of a controversy over a phrase in a trust. The language at issue established the calculation of the price of trust property offered for sale to certain trust beneficiaries. One of the trust…
Date: July 18, 2012
Citation: 2012-Ohio-3209
Docket Number: 2011-0060
Justia Opinion Summary: In 2008, Craig Ali was a police officer for appellant, the village of Oakwood. That spring, his department assigned him to perform traffic-control duties on a highway-construction project overseen by appellee, Kokosing…
Date: July 5, 2012
Citation: 2012-Ohio-2916
Docket Number: 2012-0511
Date: July 3, 2012
Citation: 2012-Ohio-2928
Docket Number: 2011-0024
Justia Opinion Summary: Appellee Trumbull Industries, Inc. was an Ohio corporation. Appellees Murray Miller and Sam H. Miller (Sam H.) were shareholders of Trumbull. Appellant Sam M. Miller (Sam M.) was also a shareholder of Trumbull. Murray…
Date: July 3, 2012
Citation: 2012-Ohio-2914
Docket Numbers: 2011-1097, 2011-1120
Date: June 28, 2012
Citation: 2012-Ohio-2904
Docket Number: 2011-0597
Justia Opinion Summary: The issue presented in this appeal was whether the filing of a pretrial motion to suppress by a co-defendant automatically tolls the time within which a defendant must be brought to trial. The court of appeals affirmed…
Date: June 28, 2012
Citation: 2012-Ohio-2872
Docket Number: 2011-1453
Date: June 27, 2012
Citation: 2012-Ohio-2844
Docket Number: 2010-0339
Justia Opinion Summary: In this appeal, a property owner challenged an increase to the 2006 valuation of its property that was ordered by the Board of Tax Appeals (BTA) at the instigation of the Bedford Board of Education. The BTA reversed the…
Date: June 27, 2012
Citation: 2012-Ohio-2846
Docket Number: 2010-0896
Justia Opinion Summary: In this case, Appellants, Cincinnati Golf Management, Inc. (CGMI) and the City of Cincinnati, challenged a consumer's use-tax assessment issued by the tax commissioner against CGMI. The commissioner assessed tax with…
Date: June 27, 2012
Citation: 2012-Ohio-2845
Docket Number: 2011-1172
Justia Opinion Summary: Appellant, Rebecca Nelson-Miller, as administrator of the estate of Norman Miller, cross-appealed from a decision of the court of appeals that held that the 2005 agreed judgment entry of divorce between Norman and…
Date: June 21, 2012
Citation: 2012-Ohio-2730
Docket Number: 2011-1070
Justia Opinion Summary: Appellant was indicted on twelve counts of deception to obtain a dangerous drug. Appellant moved for intervention in lieu of conviction (ILC). The trial court ordered an intervention plan, and Appellant pled guilty to…
Date: June 21, 2012
Citation: 2012-Ohio-2680
Docket Number: 2011-1529
Justia Opinion Summary: In this appeal, 1495 Jaeger LLC challenged the denial by the board of tax appeals (BTA) of a motion through which Jaeger sought to carry forward a stipulated value for tax year 2008 to subsequent tax years. On February…
Date: June 21, 2012
Citation: 2012-Ohio-2686
Docket Number: 2012-0133
Justia Opinion Summary: After giving birth to a child in Ohio, Rachel Arnold placed the child for adoption. Relators' adoption of the child was finalized in May 2010. In October 2010, Todd Roccaro filed a complaint to establish paternity in the…
Date: June 21, 2012
Citation: 2012-Ohio-2725
Docket Number: 2012-0176
Justia Opinion Summary: In this case the Supreme Court affirmed the judgment of the court of appeals denying the request by Appellant, Terrie Sizemore, a veterinarian, for a writ of mandamus to compel Appellee, the Ohio Veterinary Medical…
Date: June 20, 2012
Citation: 2012-Ohio-2708
Docket Numbers: 2011-0284, 2011-1755
Date: June 20, 2012
Citation: 2012-Ohio-2679
Docket Number: 2011-1355
Date: June 20, 2012
Citation: 2012-Ohio-2715
Docket Number: 2011-2038
Date: June 19, 2012
Citation: 2012-Ohio-2678
Docket Number: 2010-2288
Justia Opinion Summary: Appellee received temporary total disability compensation (TTC) for a period of a year and a half during which time Appellee also helped his wife with her business. Appellee was not paid for his services. Appellant…
Date: June 19, 2012
Citation: 2012-Ohio-2690
Docket Number: 2011-1177
Justia Opinion Summary: This case was a public-records action in which relator, ESPN, Inc., sought certain records from respondent, Ohio State University. Ohio State rejected ESPN's requests because the university deemed them to be "overly…
Date: June 14, 2012
Citation: 2012-Ohio-2583
Docket Number: 2009-1661
Justia Opinion Summary: After a jury trial, Appellant Maxwell White was convicted of aggravated murder with capital specifications and sentenced to death. The Supreme Court affirmed. White subsequently obtained federal habeas corpus relief from…
Date: June 14, 2012
Citation: 2012-Ohio-2582
Docket Number: 2010-1881
Justia Opinion Summary: Appellants were defendants in a tort action instituted by Appellees, executors of a decedent's estate. Appellees' complaint alleged, inter alia, negligence, violation of the Ohio Nursing Home Patients' Bill of Rights,…
Date: June 14, 2012
Citation: 2012-Ohio-2579
Docket Number: 2010-2002
Justia Opinion Summary: Appellant had an allowed workers' compensation claim arising from a 2002 injury. Appellant retired from Appellee a year later and never worked again. In 2009, the Industrial Commission of Ohio denied Appellant's…
Date: June 14, 2012
Citation: 2012-Ohio-2580
Docket Number: 2011-2032
Date: June 13, 2012
Citation: 2012-Ohio-2577
Docket Number: 2007-2027
Justia Opinion Summary: A jury convicted Wayne Powell of the aggravated murder of four victims and of aggravated arson. The jury recommended the sentence of death for the aggravated murder of the victims. The trial court accepted those…
Date: June 13, 2012
Citation: 2012-Ohio-2571
Docket Number: 2011-1643
Date: June 13, 2012
Citation: 2012-Ohio-2575
Docket Number: 2012-0085
Date: June 6, 2012
Citation: 2012-Ohio-2447
Docket Number: 2011-0673
Justia Opinion Summary: In this action the Cincinnati City School District Board of Education asked the Supreme Court to rule on the validity of a deed restriction it placed on school property that it offered for sale at a public auction. At…
Date: June 5, 2012
Citation: 2012-Ohio-2407
Docket Number: 2010-1842
Justia Opinion Summary: Defendant Carl Morris was convicted by a jury of two counts of rape involving a minor. Defendant appealed, contending that the trial court abused its discretion when it admitted evidence of other acts to prove the…
Date: June 5, 2012
Citation: 2012-Ohio-2406
Docket Number: 2011-1162
Justia Opinion Summary: Appellants, Donald and Tamara Troyer, filed a medical-malpractice complaint against Appellee, Leonard Janis. In response, Appellee filed a motion for summary judgment in which he alleged that the claims asserted against…
Date: May 31, 2012
Citation: 2012-Ohio-2370
Docket Number: 2010-1548
Justia Opinion Summary: At issue in this case was whether Hamilton Township, a limited-home-rule township, was authorized under Ohio law to impose its system of impact fees upon applicants for zoning certificates for new construction or…
Date: May 24, 2012
Citation: 2012-Ohio-2297
Docket Number: 2011-0163
Justia Opinion Summary: At issue in this appeal was whether a court should enforce several employees' noncompete agreement transfers by operation of law to the surviving company when the company that was the original party to the agreement…
Date: May 23, 2012
Citation: 2012-Ohio-2187
Docket Number: 2011-0019
Justia Opinion Summary: The Ohio Department of Health (ODH) issued several notices of violations of the Smoke Free Act to Appellants, a privately owned bar and its CEO. ODH subsequently filed a complaint seeking injunctive relief ordering…
Date: May 22, 2012
Citation: 2012-Ohio-2224
Docket Number: 2011-0599
Justia Opinion Summary: A jury found Defendant Donald Eafford guilty of permitting drug abuse and possession of cocaine. The court of appeals vacated Eafford's felony sentence for possession of cocaine and remanded for resentencing, holding…
Date: May 22, 2012
Citation: 2012-Ohio-2179
Docket Number: 2011-0606
Justia Opinion Summary: Paula Eastley, as the administrator of the estate of her son, Steven Hieneman, filed an amended complaint against Dr. Paul Volkman and Tri-State Healthcare, LLC, the clinic where Volkman practiced, and Denise Huffman,…
Date: May 17, 2012
Citation: 2012-Ohio-2165
Docket Number: 2011-0960
Justia Opinion Summary: In this case the Supreme Court was asked to resolve a conflict between the second and seventh district courts of appeals concerning whether a certified police officer who was appointed chief of police in a township with…
Date: May 17, 2012
Citation: 2012-Ohio-2167
Docket Number: 2011-1049
Date: May 16, 2012
Citation: 2012-Ohio-2125
Docket Number: 2010-1948
Justia Opinion Summary: After Employee, an electrician, received a work-related injury, Employee sought additional workers' compensation benefits, alleging that Employer committed a violation of a specific safety requirement (VSSR), which…
Date: May 16, 2012
Citation: 2012-Ohio-2091
Docket Number: 2012-0184
Justia Opinion Summary: These consolidated appeals stemmed from a general election on Issue 6 in Lake Township, Stark County, that approved expansion of the a police district to include all of Lake Township's unincorporated territory and levied…
Date: May 10, 2012
Citation: 2012-Ohio-1999
Docket Number: 2011-1798
Justia Opinion Summary: Reporters for the Cincinnati Enquirer requested that the Cincinnati police department provide the newspaper with certain records related to a shootout at a local bar, including the names of the two police officers shot,…
Date: May 8, 2012
Citation: 2012-Ohio-2015
Docket Number: 2011-0212
Justia Opinion Summary: Appellant Wesley Lloyd was convicted in Texas of aggravated sexual assault. Lloyd subsequently moved to Ohio. Lloyd was later convicted of several charges relating to his failure to register as a sex offender. The…
Date: May 8, 2012
Citation: 2012-Ohio-1975
Docket Number: 2011-0337
Justia Opinion Summary: Appellee, AT&T Communications of Ohio, applied to the City of Cleveland for an income-tax refund for 1999 through 2002. Appellant, the City's income-tax administrator, denied AT&T's appeal in all respects, (1) dismissing…
Date: May 3, 2012
Citation: 2012-Ohio-1908
Docket Number: 2011-0008
Justia Opinion Summary: This appeal involved two criminal cases against Mario Harris. In Harris I, Harris pleaded guilty to two offenses with forfeiture specifications. After the trial court imposed a sentence, Harris filed a motion for…
Date: May 3, 2012
Citation: 2012-Ohio-1906
Docket Number: 2011-0823
Justia Opinion Summary: Appellant, inmate Sidney Souffrance, petitioned the court of appeals for a writ of mandamus to compel Appellee, the records custodian for the Life Skills Center of Cincinnati, a community school, to provide access to the…
Date: May 2, 2012
Citation: 2012-Ohio-1871
Docket Number: 2010-1916
Justia Opinion Summary: This personal-property-tax case came to the Supreme Court for the second time on appeal from the Board of Tax Appeals (BTA). For tax year 2002, HealthSouth Corporation claimed that as a result of massive accounting…
Date: May 1, 2012
Citation: 2012-Ohio-1861
Docket Number: 2011-0569
Justia Opinion Summary: County Commissioners passed a resolution establishing an early retirement incentive plan (ERIP). The resolution made the plan available to all employees of Commissioners except for the sanitary engineering division. A…
Date: May 1, 2012
Citation: 2012-Ohio-1862
Docket Number: 2011-1843
Date: April 17, 2012
Citation: 2012-Ohio-1654
Docket Number: 2011-0685
Justia Opinion Summary: Appellee Tracy Davis was indicted under Ohio Rev. Code 2921.04(B) for witness intimidation based on a threat he made to his ex-wife after police began investigating the underlying crime but before any charges had been…
Date: April 17, 2012
Citation: 2012-Ohio-1651
Docket Number: 2011-1460
Date: April 17, 2012
Citation: 2012-Ohio-1653
Docket Number: 2011-2186
Date: April 12, 2012
Citation: 2012-Ohio-1588
Docket Number: 2010-1614
Justia Opinion Summary: David Barno, a temporary worker on a construction project, alleged that he was injured as a result of Ruscilli Construction Company's violation of a specific safety requirement (VSSR) pertaining to floor openings on…
Date: April 11, 2012
Citation: 2012-Ohio-1576
Docket Numbers: 2011-0688, 2011-0779
Date: April 5, 2012
Citation: 2012-Ohio-1509
Docket Number: 2011-0767
Justia Opinion Summary: Duke Energy Ohio, Inc. sought to recover over $30 million for the costs of restoring its system following the destruction caused by Hurricane Ike. The Public Utilities Commission allowed Duke to recover roughly half that…
Date: April 4, 2012
Citation: 2012-Ohio-1481
Docket Number: 2011-0438
Justia Opinion Summary: Kenneth Schwering and his wife were driving a Ford when they were involved in a traffic accident. Schwering's wife was killed and Schwering was injured. Both were wearing their seatbelts. Schwering filed a complaint…
Date: April 4, 2012
Citation: 2012-Ohio-1484
Docket Number: 2011-0716
Justia Opinion Summary: After she was told in advance that her contract for employment would not be renewed, Stacey Carna, the principal of an elementary school, requested a meeting with the school board to discuss the nonrenewal of her…
Date: April 3, 2012
Citation: 2012-Ohio-1446
Docket Number: 2010-0731
Justia Opinion Summary: C.P. was fifteen years old when he was charged with two counts of rape and one count of kidnapping with sexual motivation. The juvenile court found C.P. to be a delinquent child and designated him a serious youthful…
Date: April 3, 2012
Citation: 2012-Ohio-1444
Docket Number: 2010-1705
Justia Opinion Summary: The trial court appointed a receiver for Sager Corporation for the purpose of accepting service of process and marshaling assets consisting of unexhausted liability-insurance policies for asbestos-related claims filed…
Date: March 29, 2012
Citation: 2012-Ohio-1296
Docket Number: 2010-1770
Justia Opinion Summary: While receiving permanent total disability compensation, Appellant Donald McNea's was engaged in the illegal sale of narcotics. Appellee Industrial Commission of Ohio terminated McNea's benefits after finding that he had…
Date: March 29, 2012
Citation: 2012-Ohio-1298
Docket Number: 2011-1739
Date: March 29, 2012
Citation: 2012-Ohio-1300
Docket Number: 2011-1780
Justia Opinion Summary: Appellant Roland Nickleson filed a complaint for a writ of mandamus to compel Appellee, the county court of common pleas judge, to issue a final, appealable order in his criminal case. The court of appeals dismissed the…
Date: March 28, 2012
Citation: 2012-Ohio-1284
Docket Number: 2010-2199
Date: March 28, 2012
Citation: 2012-Ohio-1293
Docket Number: 2011-1428
Date: March 28, 2012
Citation: 2012-Ohio-1294
Docket Number: 2011-1687
Date: March 27, 2012
Citation: 2012-Ohio-1222
Docket Number: 2011-1073
Date: March 27, 2012
Citation: 2012-Ohio-1223
Docket Number: 2011-1957
Date: March 22, 2012
Citation: 2012-Ohio-1084
Docket Number: 2010-1283
Justia Opinion Summary: Rick Warner was a construction worker who had periods of unemployment each year that were the result of seasonal layoffs. After being injured at work, Warner asked the Industrial Commission of Ohio to establish his…
Date: March 22, 2012
Citation: 2012-Ohio-1144
Docket Number: 2011-0464
Date: March 20, 2012
Citation: 2012-Ohio-1111
Docket Number: 2011-0202
Justia Opinion Summary: Defendant pled guilty to aggravated murder and kidnapping. At his sentencing hearing, Defendant was notified of postrelease control, but the language indicating notification had been made was inadvertently omitted from…
Date: March 19, 2012
Citation: 2012-Ohio-1140
Docket Numbers: 2010-1898, 20101898
Date: March 15, 2012
Citation: 2012-Ohio-1008
Docket Number: 2011-0213
Justia Opinion Summary: After receiving a dispatch that a male driving a tow truck was armed and planned to kill himself, two police officers stopped the driver, Richard Dunn. Because they were dealing with an allegedly suicidal person, they…
Date: March 15, 2012
Citation: 2012-Ohio-1007
Docket Number: 2011-1483
Justia Opinion Summary: Gerald Strothers requested that East Cleveland Mayor Gary Norton provide access to review, inspect, and copy at cost various public records. A week after Strothers's public-records request was received by Norton,…
Date: March 15, 2012
Citation: 2012-Ohio-1006
Docket Number: 2011-1873
Justia Opinion Summary: Appellant Robert Watson, who was serving a custodial sentence, filed a writ of mandamus to compel Appellees, various correctional officials and employees, to provide certain public and nonpublic records directly related…
Date: March 14, 2012
Citation: 2012-Ohio-999
Docket Number: 2010-1681
Justia Opinion Summary: Appellant Peggy Hodge sought to compel Appellee, the administrator of the Bureau of Workers' Compensation, to pay Vicki Hulbert, a licensed practical nurse, higher wages for the in-home care that Hulbert provided to her.…
Date: March 14, 2012
Citation: 2012-Ohio-1001
Docket Number: 2010-1826
Justia Opinion Summary: Appellants, homeowners, filed suit against Centex Homes, alleging various causes of action, including breach of contract, breach of express and implied warranty, and failure to perform in a workmanlike manner. Centex…
Date: March 13, 2012
Citation: 2012-Ohio-977
Docket Number: 2011-0647
Date: March 8, 2012
Citation: 2012-Ohio-880
Docket Number: 2010-2138
Justia Opinion Summary: Employee filed a workers' compensation claim against Employer, which was denied by the Industrial Commission. Employee filed a notice of appeal but failed to name as an appellee the administrator of the Bureau of…
Date: March 8, 2012
Citation: 2012-Ohio-909
Docket Number: 2011-0408
Date: March 6, 2012
Citation: 2012-Ohio-878
Docket Number: 2010-1554
Justia Opinion Summary: Buckeye Wind filed an application to construct a proposed wind-powered electric generation facility with the power siting board (the board). A group of neighboring landowners (the neighbors) opposed the application.…
Date: March 6, 2012
Citation: 2012-Ohio-872
Docket Number: 2011-1728
Date: March 1, 2012
Citation: 2012-Ohio-780
Docket Number: 2010-1196
Justia Opinion Summary: Robert Clifton owned property contiguous to property owned by J&M Precision Machining. The Village of Blanchester annexed J&M's parcel and rezoned the entire parcel for general industrial use. Clifton filed a complaint…
Date: March 1, 2012
Citation: 2012-Ohio-781
Docket Number: 2011-0811
Justia Opinion Summary: Appellant Timothy Smith pleaded guilty to forgery. The trial court sentenced Smith to five years of community control and required him to pay court costs, the fee for his court-appointed attorney, and $4,857 in…
Date: February 29, 2012
Citation: 2012-Ohio-753
Docket Number: 2010-2029
Justia Opinion Summary: This was an action for a writ of mandamus to compel Respondent, the Cuyahoga County fiscal officer, to provide to Relators, private companies that store and index electronic images of records and officials representing…
Date: February 29, 2012
Citation: 2012-Ohio-757
Docket Number: 2011-0563
Justia Opinion Summary: Ohio Edison Company owned a transmission-line easement running over property owned by Kurt Wimmer and the Wimmer Family Trust (the Wimmers). When the company sought to remove the trees in the easement on the Wimmers'…
Date: February 29, 2012
Citation: 2012-Ohio-758
Docket Number: 2011-0756
Date: February 29, 2012
Citation: 2012-Ohio-759
Docket Number: 2011-1506
Date: February 23, 2012
Citation: 2012-Ohio-690
Docket Number: 2010-1946
Justia Opinion Summary: Amber Williams and Frederick Ormsby, who were not married, lived together in a house Amber received through her divorce settlement. Frederick eventually paid the remaining mortgage balance, and Amber gave him title to…
Date: February 23, 2012
Citation: 2012-Ohio-684
Docket Number: 2011-0295
Date: February 23, 2012
Citation: 2012-Ohio-685
Docket Number: 2011-0580
Justia Opinion Summary: Lisa Mullins, the widow and administrator of the estate of Charles Mullins, filed a complaint against Appellants, a doctor and a medical facility, alleging negligence in the treatment of Charles that resulted in his…
Date: February 22, 2012
Citation: 2012-Ohio-608
Docket Number: 2011-0230
Justia Opinion Summary: Appellant Jason Carrick was charged with and convicted of disorderly conduct in violation of Ohio Rev. Code 2917.11(A)(2) after the police department received complaints about the loud music coming from Carrick's…
Date: February 22, 2012
Citation: 2012-Ohio-609
Docket Number: 2011-0737
Justia Opinion Summary: Ohio Edison owned an easement over which an electric transmission line ran. Thomas and Derrell Wilkes owned a portion of the property subject to the easement and built an above-ground swimming pool and storage shed in…
Date: February 21, 2012
Citation: 2012-Ohio-581
Docket Number: 2010-1322
Justia Opinion Summary: A property owner, Sheldon Road Associates, filed a valuation complaint in December 2008 that challenged the auditor's June 2008 correction of a clerical error relating to the 2007 tax year. The county Board of Revision…
Date: February 21, 2012
Citation: 2012-Ohio-580
Docket Number: 2010-1660
Justia Opinion Summary: Paul Palmer pleaded guilty to sexual battery in 1995 and served an eighteen-month sentence. Based on Palmer's conviction, the Adam Walsh Act of 2007 automatically imposed a sex-offender classification, requiring…
Date: February 17, 2012
Citation: 2012-Ohio-612
Docket Number: 2012-0019
Justia Opinion Summary: This was an original action in which Relators, thirty-six electors living in various districts for the Ohio House of Representatives as reapportioned by the Ohio Apportionment Board on September 30, 2011, sought…
Date: February 16, 2012
Citation: 2012-Ohio-570
Docket Number: 2010-1561
Justia Opinion Summary: Employee alleged that his political-subdivision Employer committed an intentional tort against him and engaged in negligent conduct. Employer filed a motion for summary judgment on the claims, alleging immunity from suit…
Date: February 16, 2012
Citation: 2012-Ohio-563
Docket Number: 2011-1604
Justia Opinion Summary: After Jose Agosto was convicted and sentenced on criminal charges, Agosto unsuccessfully sought resentencing by raising claims for writs of mandamus and procedendo. Agosto again petitioned for writs of mandamus and…
Date: February 16, 2012
Citation: 2012-Ohio-554
Docket Number: 2011-1680
Date: February 15, 2012
Citation: 2012-Ohio-542
Docket Number: 2010-0636
Justia Opinion Summary: Employee injured his back while working for Employer. Employee returned to light-duty work but complained about his job duties. Employer offered him another position within his physical limitations, but Employee…
Date: February 15, 2012
Citation: 2012-Ohio-552
Docket Number: 2010-2148
Justia Opinion Summary: The Eighth District Court of Appeals certified a conflict between its decision in this case and a decision of the Tenth District Court of Appeals on the question of whether Ohio Rev. Code 2315.21(B), as amended by S.B.…
Date: February 15, 2012
Citation: 2012-Ohio-541
Docket Number: 2011-1114
Date: January 26, 2012
Citation: 2012-Ohio-223
Docket Number: 2011-1409
Date: January 26, 2012
Citation: 2012-Ohio-224
Docket Number: 2011-1414
Justia Opinion Summary: Dennis Varnau, an independent candidate for sheriff of Brown County, filed a protest against Dwayne Wenninger's candidacy for sheriff in the 2008 elections. The board of elections denied the protest because it was not…
Date: January 25, 2012
Citation: 2012-Ohio-236
Docket Number: 2011-0831
Justia Opinion Summary: Father and Mother divorced, and Mother was granted custody of Child. Husband made child support payments until 2007. Afterwards, he sent Child a Christmas and birthday gift. Mother's husband, Stepfather, subsequently…
Date: January 19, 2012
Citation: 2012-Ohio-115
Docket Number: 2010-1536
Justia Opinion Summary: Law Firm filed a verified petition for a writ of mandamus to compel Housing Authority to provide copies of all records that documented any and all instances of lead poisoning in the last fifteen years in any dwelling…
Date: January 19, 2012
Citation: 2012-Ohio-114
Docket Number: 2011-1406
Date: January 19, 2012
Citation: 2012-Ohio-109
Docket Number: 2011-1517
Justia Opinion Summary: Appellant, Marquise Jones, petitioned for writs of mandamus and procendendo to compel Appellee, Sandusdy County Court of Common Pleas Judge Barbara Ansted, to issue a new sentencing entry in Jones's criminal case. The…
Date: January 17, 2012
Citation: 2012-Ohio-71
Docket Number: 2010-1315
Justia Opinion Summary: A jury convicted Dennis Gould of rape, gross sexual imposition, pandering sexually oriented material involving a minor, and illegal use of a minor in nudity-oriented material, all based on images located on the hard…
Date: January 17, 2012
Citation: 2012-Ohio-78
Docket Number: 2011-1036
Date: January 12, 2012
Citation: 2012-Ohio-54
Docket Number: 2011-1242
Justia Opinion Summary: The Madison County Board of Commissioners filed an appropriation action against Greg and Marcia Bell. The common pleas court entered judgment in favor of the Board. The court of appeals affirmed. The Bells then filed a…
Date: January 12, 2012
Citation: 2012-Ohio-55
Docket Number: 2011-1317
Date: January 12, 2012
Citation: 2012-Ohio-57
Docket Number: 2011-1464
Justia Opinion Summary: After an at-large village council member resigned from his office, the village law director swore Respondent Scott Richardson into the office of member of village council to fill the vacancy. One day later, the mayor…
Date: January 11, 2012
Citation: 2012-Ohio-44
Docket Number: 2011-0815
Date: January 11, 2012
Citation: 2012-Ohio-40
Docket Number: 2011-0846
Date: January 11, 2012
Citation: 2012-Ohio-46
Docket Number: 2011-0850
Justia Opinion Summary: Appellant filed for disability-retirement benefits with Appellee, the Ohio Police and Fire Pension Fund (OP&F), claiming that he was disabled as a result of the performance of his official duties of the police…
Date: January 11, 2012
Citation: 2012-Ohio-47
Docket Number: 2011-0903
Justia Opinion Summary: In an underlying civil case, Appellant filed a notice of dismissal, voluntarily dismissing the case without prejudice. Minutes later, a deputy clerk responsible for processing the queue of electronically transmitted…
Date: January 11, 2012
Citation: 2012-Ohio-69
Docket Number: 2011-2152
Justia Opinion Summary: Petitioner Robert Waters filed a petition to be a candidate for the Warren County Republican Party Central Committee for the 15th Precinct of Lebanon at the March 6, 2012 Republican primary election. Respondent Warren…
Date: January 10, 2012
Citation: 2012-Ohio-26
Docket Number: 2010-1102
Justia Opinion Summary: Frank Bilaver left his job with Fluid Line Products after Fluid Line denied him an extended leave of absence. Bilaver later applied for temporary total disability (TTD) compensation, which the Industrial Commission of…
Date: January 10, 2012
Citation: 2012-Ohio-27
Docket Number: 2011-0683
Justia Opinion Summary: Stanley and Kathryn Wasserman requested a writ of mandamus to compel the city and its mayor to commence an appropriation action to determine whether a taking occurred when the city's actions when constructing a reservoir…
Date: January 10, 2012
Citation: 2012-Ohio-28
Docket Number: 2011-1430
Justia Opinion Summary: Terrance House filed complaints for writs of mandamus and procedendo to compel a court of common pleas judge to issue final, appealable orders on the judge's denial of Hough's motion for the judge to recuse herself and…
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