Supreme Court of Ohio Decisions 2018
Date: December 31, 2018
Citation: 2018-Ohio-5459
Docket Number: 18-AP-142
Date: December 27, 2018
Citation: 2018-Ohio-5206
Docket Number: 2017-0412
Justia Opinion Summary: The Supreme Court reversed the orders of the Power Siting Board granting a motion filed by Black Fork Wind Energy, LLC requesting a two-year extension of Black Fork’s certificate to construct a proposed wind farm,…
Date: December 27, 2018
Citation: 2018-Ohio-5207
Docket Number: 2017-0655
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) concluding that because Great Lakes Bar Control’s service of cleaning beer-tap lines was primarily a maintenance service, any cleaning was merely…
Date: December 27, 2018
Citation: 2018-Ohio-5208
Docket Number: 2017-1352
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the Board of Tax Appeals (BTA) that reduced the taxable value of a piece of property for tax year 2015, holding that this Court lacked jurisdiction…
Date: December 27, 2018
Citation: 2018-Ohio-5211
Docket Numbers: 2017-1547, 2017-1701
Justia Opinion Summary: The Supreme Court answered a certified question of law by holding that a defendant is not entitled to jail time credit for pre-sentence detention time when held on bond if, during the same period of time, he is serving a…
Date: December 27, 2018
Citation: 2018-Ohio-5212
Docket Number: 2018-0254
Date: December 26, 2018
Citation: 2018-Ohio-5205
Docket Number: 2016-0899
Justia Opinion Summary: The Supreme Court affirmed the conviction and death sentence of Appellant, who murdered his mother, but reversed an aggravated robbery charge against him that was used as one of three specifications supporting the…
Date: December 26, 2018
Citation: 2018-Ohio-5194
Docket Number: 2017-0028
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for writs of mandamus and/or procedendo that he filed against Cuyahoga County Court of Common Pleas Judge John J. Russo,…
Date: December 26, 2018
Citation: 2018-Ohio-5204
Docket Number: 2018-0269
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against Montgomery County Common Pleas Court Judge Dennis J. Langer, holding that Appellant had an…
Date: December 21, 2018
Citation: 2018-Ohio-5133
Docket Number: 2016-1776
Justia Opinion Summary: The Supreme Court granted in part and denied in part the writ of mandamus requested by Relators to compel the Ohio Department of Rehabilitation & Correction (DRC) to release records related to DRC’s acquisition and…
Date: December 21, 2018
Citation: 2018-Ohio-5131
Docket Number: 2017-0550
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying David Murray’s petition for a writ of mandamus challenging the State Employee Relations Board’s (SERB) dismissal of Murray’s unfair labor practice…
Date: December 21, 2018
Citation: 2018-Ohio-5136
Docket Number: 2017-1387
Date: December 21, 2018
Citation: 2018-Ohio-5132
Docket Numbers: 2017-1715, 2017-1716
Justia Opinion Summary: The Supreme Court held that a criminal defendant on postrelease control for a prior felony must be advised, during his plea hearing in a new felony case, of the trial court’s ability under Ohio Rev. Code 2929.141 to…
Date: December 21, 2018
Citation: 2018-Ohio-5135
Docket Number: 2018-0326
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against Mahoning County Common Pleas Court Judge Lou A. D’Apolito, holding that the court of appeals…
Date: December 20, 2018
Citation: 2018-Ohio-5108
Docket Number: 2016-0615
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought by Relator seeking to compel Kent State University with certain records regarding student-athletes under the Public Records Act, Ohio Rev. Code 149.43, holding that…
Date: December 20, 2018
Citation: 2018-Ohio-5110
Docket Number: 2016-1123
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought by Relator to compel Kent State University to comply with her records request under Ohio Rev. Code 149.43, holding that Relator was not entitled to additional records…
Date: December 20, 2018
Citation: 2018-Ohio-5111
Docket Number: 2017-0331
Justia Opinion Summary: The Supreme Court granted the writ of mandamus sought by Relator seeking to compel the Ohio Department of Rehabilitation and Correction (DRC) to release security-camera video footage related to a use-of-force incident at…
Date: December 20, 2018
Citation: 2018-Ohio-5086
Docket Number: 2017-0690
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Tenth District Court of Appeals denying Byington Builders, Ltd.’s request for a writ of mandamus compelling the Industrial Commission to vacate its award to Thomas Trousdale…
Date: December 20, 2018
Citation: 2018-Ohio-5087
Docket Number: 2017-0870
Justia Opinion Summary: The Supreme Court answered two state-law questions from the Bankruptcy Appellate Panel for the United States Sixth Circuit Court of Appeals by holding that the failure to identify a person who has initialed, signed, and…
Date: December 20, 2018
Citation: 2018-Ohio-5112
Docket Number: 2017-1067
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals granting a writ of quo warranto sought by the attorney general and ordering the dissolution of Omar Ibn El Khattab Mosque, Inc., holding that the…
Date: December 20, 2018
Citation: 2018-Ohio-5088
Docket Number: 2017-1245
Justia Opinion Summary: The Supreme Court answered a certified question from the Unitde States District Court by holding that Ohio Rev. Code 4123.35(O) is not unconstitutional as applied to the tort claims of an enrolled subcontractor’s…
Date: December 20, 2018
Citation: 2018-Ohio-5089
Docket Number: 2018-0452
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against the director of the Ohio Department of Rehabilitation and Correction (DRC), holding that…
Date: December 20, 2018
Citation: 2018-Ohio-5090
Docket Number: 2018-0536
Date: December 20, 2018
Citation: 2018-Ohio-5091
Docket Number: 2018-0537
Date: December 20, 2018
Citation: 2018-Ohio-5094
Docket Number: 2018-0811
Date: December 20, 2018
Citation: 2018-Ohio-5095
Docket Number: 2018-0812
Date: December 20, 2018
Citation: 2018-Ohio-5096
Docket Number: 2018-0815
Date: December 20, 2018
Citation: 2018-Ohio-5097
Docket Number: 2018-0816
Date: December 20, 2018
Citation: 2018-Ohio-5098
Docket Number: 2018-0823
Date: December 20, 2018
Citation: 2018-Ohio-5109
Docket Number: 2018-1129
Justia Opinion Summary: The Supreme Court granted in part an itemized application filed by Relators seeking a total of $106,172.50 in attorney fees and $1,256.65 in costs after the Court granted Relators their allowable costs and reasonable…
Date: December 19, 2018
Citation: 2018-Ohio-5079
Docket Numbers: 2017-1579, 2017-1609
Justia Opinion Summary: The Supreme Court affirmed the judgment of the appellate court determining that Ohio Rev. Code 2947.23(C) permits trial courts to waive, modify or suspend payment of only those court costs that were imposed after the…
Date: December 19, 2018
Citation: 2018-Ohio-5080
Docket Number: 2018-0257
Date: December 19, 2018
Citation: 2018-Ohio-5082
Docket Number: 2018-0324
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint for writs of mandamus and prohibition against Richland County Court of Common Pleas Judge James DeWeese seeking to compel…
Date: December 19, 2018
Citation: 2018-Ohio-5083
Docket Number: 2018-0699
Date: December 19, 2018
Citation: 2018-Ohio-5084
Docket Number: 2018-0703
Date: December 18, 2018
Citation: 2018-Ohio-5023
Docket Number: 2017-0684
Justia Opinion Summary: At issue was whether Intermessage Communications and members of a proposed class of retail cellular-telephone-service subscribers seeking to recover treble damages under Ohio Rev. Code 4905.61 for regulatory violations…
Date: December 18, 2018
Citation: 2018-Ohio-5024
Docket Number: 2017-1069
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant’s conviction and discharging him from further prosecution after the trial court accepted Defendant’s plea of no contest to a charge of…
Date: December 18, 2018
Citation: 2018-Ohio-5025
Docket Number: 2018-0535
Date: December 13, 2018
Citation: 2018-Ohio-4957
Docket Number: 2017-0244
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the trial court’s decision denying Defendant’s Motion to Vacate Judicial Sanction and reinstated the judgment of the trial court, holding that…
Date: December 13, 2018
Citation: 2018-Ohio-4959
Docket Number: 2017-1639
Justia Opinion Summary: At issue was what type of reference within a chain of title is sufficient to preserve an earlier-created interest under Ohio’s Marketable Title Act, which generally allows a landowner who has an unbroken chain of title…
Date: December 13, 2018
Citation: 2018-Ohio-4961
Docket Number: 2018-0259
Date: December 12, 2018
Citation: 2018-Ohio-4911
Docket Number: 2016-1188
Justia Opinion Summary: The Supreme Court held that the decision of the Board of Tax Appeals (BTA) that the service provided by Seaton Corporation to Kal Kan Foods, Inc. was not a taxable “employment service” under Ohio Rev. Code…
Date: December 12, 2018
Citation: 2018-Ohio-4912
Docket Number: 2017-1031
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the trial court’s grant of summary judgment in favor of Cora Sue Bell and concluding that Embassy Healthcare could pursue its claim against Cora…
Date: December 11, 2018
Citation: 2018-Ohio-4930
Docket Number: 2016-0370
Date: December 11, 2018
Citation: 2018-Ohio-4931
Docket Number: 2018-0422
Date: December 11, 2018
Citation: 2018-Ohio-4864
Docket Number: 2018-0533
Date: December 7, 2018
Citation: 2018-Ohio-5456
Docket Number: 18-AP-128
Date: December 7, 2018
Citation: 2018-Ohio-4812
Docket Number: 2017-0236
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the decision of the tax commissioner concluding that Appellant’s purchase of an aircraft and then leasing it to its sole corporate…
Date: December 7, 2018
Citation: 2018-Ohio-4822
Docket Number: 2017-1548
Justia Opinion Summary: The Supreme Court remanded this defamation case to the trial court for further proceedings, holding that the cap in Ohio Rev. Code 2315.18 that applies to tort actions seeking noneconomic loss as a result of an alleged…
Date: December 5, 2018
Citation: 2018-Ohio-5458
Docket Number: 18-AP-134
Date: December 4, 2018
Citation: 2018-Ohio-5457
Docket Number: 18-AP-132
Date: December 3, 2018
Citation: 2018-Ohio-4769
Docket Number: 2018-1579
Date: November 30, 2018
Citation: 2018-Ohio-4750
Docket Number: 2016-1712
Justia Opinion Summary: The Supreme Court vacated the decision of the Board of Tax Appeals (BTA) rejecting the method of valuation espoused by an appraiser for the property owner, HCP EMOH, LLC, to derive an opinion of value for an…
Date: November 30, 2018
Citation: 2018-Ohio-4751
Docket Number: 2017-0469
Justia Opinion Summary: The Supreme Court affirmed the decision of the board of tax appeals (BTA) affirming the tax commissioner’s denial of a charitable-use property-tax exemption for the subject property, holding that the BTA’s factual…
Date: November 29, 2018
Citation: 2018-Ohio-4744
Docket Number: 2016-0696
Justia Opinion Summary: The Supreme Court vacated the trial court’s judgment - and, in turn, the court of appeals’ judgment - granting Defendant’s petition for postconviction relief and remanded this matter for further proceedings, holding that…
Date: November 29, 2018
Citation: 2018-Ohio-4745
Docket Number: 2017-0532
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus to Michael Cobb, an Ohio prisoner, holding that Cobb was not entitled to the writ. Michael Cobb filed his complaint for a writ…
Date: November 29, 2018
Citation: 2018-Ohio-4746
Docket Number: 2017-0653
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) dismissing Appellants’ appeal from a decision of the Cuyahoga County Board of Revision (BOR) because it found that Appellants failed to timely…
Date: November 28, 2018
Citation: 2018-Ohio-4717
Docket Number: 2017-1081
Date: November 28, 2018
Citation: 2018-Ohio-4718
Docket Number: 2017-1583
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals denying Appellant’s complaint for a writ of mandamus to compel the Hamilton County Clerk of Courts to produce public records…
Date: November 28, 2018
Citation: 2018-Ohio-4730
Docket Number: 2017-1740
Date: November 28, 2018
Citation: 2018-Ohio-4731
Docket Number: 2018-0810
Date: November 27, 2018
Citation: 2018-Ohio-4696
Docket Number: 2017-0727
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for writs of mandamus and prohibition, holding that Appellant was not entitled to a writ of mandamus, nor was he entitled…
Date: November 27, 2018
Citation: 2018-Ohio-4697
Docket Number: 2017-0749
Justia Opinion Summary: The Supreme Court dismissed the appeal brought by the Office of Ohio Consumers’ Counsel (OCC) and the Ohio Manufacturers’ Association Energy Group (OMAEG) challenging the Public Utility Commission’s decision to approve…
Date: November 27, 2018
Citation: 2018-Ohio-4698
Docket Number: 2017-0752
Justia Opinion Summary: The Supreme Court affirmed the order of the Public Utilities Commission that approved a charge referred to as the Power Purchase Agreement (PPA) Rider as a component of Ohio Power Company’s third electric-security plan…
Date: November 21, 2018
Citation: 2018-Ohio-4668
Docket Number: 2017-0442
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought by Mars Urban Solutions, LLC and Michael Majeski seeking to compel the Cuyahoga County fiscal officer and Cuyahoga County Board of Revision (BOR) to comply with a…
Date: November 21, 2018
Citation: 2018-Ohio-4669
Docket Number: 2017-0854
Justia Opinion Summary: The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) affirming the decision of the tax commissioner, holding that the sale-for-resale exemption of Ohio Rev. Code 5739.01(E) applied to preclude…
Date: November 21, 2018
Citation: 2018-Ohio-4671
Docket Number: 2018-1484
Date: November 8, 2018
Citation: 2018-Ohio-4494
Docket Number: 2017-0344
Justia Opinion Summary: The Supreme Court reversed the judgment of the Court of Appeals reversing Defendant’s conviction after ruling that Defendant’s blackout defense was not an affirmative defense that must be proven by a preponderance of the…
Date: November 8, 2018
Citation: 2018-Ohio-4491
Docket Number: 2018-0808
Date: November 8, 2018
Citation: 2018-Ohio-4492
Docket Number: 2018-0814
Date: November 7, 2018
Citation: 2018-Ohio-4488
Docket Number: 2016-1137
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the tax commissioner’s denial of Willoughby Hills Development and Distribution, Inc.’s (WHDD) request for a commercial-activity-tax…
Date: November 7, 2018
Citation: 2018-Ohio-4489
Docket Number: 2018-0477
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Court of Appeals dismissing Appellant’s complaint for writs of mandamus and prohibition against Ross County Common Pleas Court Judge Scott Nusbaum, holding that Appellant…
Date: November 6, 2018
Citation: 2018-Ohio-4461
Docket Number: 2017-0161
Justia Opinion Summary: In this property tax appeal, the Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) concluding that the Marion County Board of Revision (BOR) and the River Valley Local School District Board of…
Date: November 6, 2018
Citation: 2018-Ohio-4462
Docket Number: 2017-0828
Justia Opinion Summary: At issue was whether an order by the General Division of the Cuyahoga County Court of Common Pleas requiring Appellant, a Cuyahoga County court reporter, to submit sealed grand-jury materials for in camera court…
Date: November 1, 2018
Citation: 2018-Ohio-4390
Docket Number: 2016-1549
Justia Opinion Summary: In this real-property-valuation case, the Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the decision of the Clark County Board of Revision (BOR) retaining Clark County auditor’s…
Date: October 31, 2018
Citation: 2018-Ohio-4391
Docket Number: 2017-0098
Justia Opinion Summary: At issue in this case was when Appellees’ claims for negligence, constructive fraud, and fraudulent concealment accrued and whether they were time-barred. Appellees were the Estate of Steven Schmitz and Yvette Smith,…
Date: October 30, 2018
Citation: 2018-Ohio-4370
Docket Number: 2016-0568
Justia Opinion Summary: In this appeal involving the real-property valuation of a “racino” in Cuyahoga County, the Supreme Court vacated the decision of the Board of Tax Appeals (BTA) rejecting the appraisal of the Warrensville Heights City…
Date: October 26, 2018
Citation: 2018-Ohio-4337
Docket Number: 2018-1454
Date: October 25, 2018
Citation: 2018-Ohio-4301
Docket Number: 2016-1328
Date: October 25, 2018
Citation: 2018-Ohio-4302
Docket Number: 2016-1423
Justia Opinion Summary: The Supreme Court vacated the decision of the Board of Tax Appeals (BTA) valuing a Red Lobster restaurant in the village of Orange for tax year 2014 according to the sale price, disregarding the appraisal evidence,…
Date: October 25, 2018
Citation: 2018-Ohio-4300
Docket Number: 2016-1713
Justia Opinion Summary: In this property-tax appeal concerning the 2014 tax valuation of a shopping center consisting of five separate real estate parcels, the Supreme Court vacated the decision of the Board of Tax Appeals (BTA), holding that…
Date: October 25, 2018
Citation: 2018-Ohio-4303
Docket Number: 2017-0043
Date: October 25, 2018
Citation: 2018-Ohio-4304
Docket Number: 2017-0064
Date: October 25, 2018
Citation: 2018-Ohio-4305
Docket Number: 2017-0072
Date: October 25, 2018
Citation: 2018-Ohio-4306
Docket Number: 2017-1345
Date: October 25, 2018
Citation: 2018-Ohio-4307
Docket Number: 2017-1346
Date: October 25, 2018
Citation: 2018-Ohio-4308
Docket Number: 2018-0818
Date: October 24, 2018
Citation: 2018-Ohio-4281
Docket Number: 2017-0686
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of prohibition to prevent Judge Richard L. Collins Jr. from proceeding with a hearing to determine whether…
Date: October 24, 2018
Citation: 2018-Ohio-4282
Docket Number: 2017-0717
Justia Opinion Summary: In this case concerning the 2014 value of a KeyBank branch located in Hilliard, The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) adopting the appraisal presented on behalf of the Hilliard City…
Date: October 24, 2018
Citation: 2018-Ohio-4284
Docket Number: 2017-0814
Justia Opinion Summary: In this challenge brought by a property owner seeking a decrease in the valuation of its property, the Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) adopting the value determined by the Montgomery…
Date: October 24, 2018
Citation: 2018-Ohio-4286
Docket Number: 2017-0921
Justia Opinion Summary: In this property-tax appeal, the Supreme Court affirmed the determination of the Board of Tax Appeals (BTA) arriving at an independent valuation of the subject property by using probative aspects of the two expert…
Date: October 24, 2018
Citation: 2018-Ohio-4283
Docket Number: 2018-0813
Date: October 23, 2018
Citation: 2018-Ohio-4243
Docket Number: 2017-0141
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus to compel the Ohio Police & Fire Pension Fund to award Appellant on-duty-percentage disability benefits for injuries he alleged…
Date: October 23, 2018
Citation: 2018-Ohio-4244
Docket Number: 2017-0297
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) remanding this cause to Cuyahoga County Board of Revision (BOR) with instructions for the BOR to dismiss the underlying valuation complaint,…
Date: October 23, 2018
Citation: 2018-Ohio-4245
Docket Number: 2017-1700
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against the Lake County Common Pleas Court, holding that the court of appeals correctly dismissed…
Date: October 23, 2018
Citation: 2018-Ohio-4246
Docket Number: 2018-0247
Justia Opinion Summary: The Supreme court affirmed the judgment of the court of appeals denying Appellant’s motions to issue a show-cause order and to hold Appellees, Ohio Adult Parole Authority and the Chair of the Ohio Parole Board, in…
Date: October 23, 2018
Citation: 2018-Ohio-4247
Docket Number: 2018-0782
Date: October 22, 2018
Citation: 2018-Ohio-4236
Docket Number: 2018-1287
Date: October 18, 2018
Citation: 2018-Ohio-4200
Docket Number: 2018-0013
Justia Opinion Summary: The Supreme Court denied Respondent’s motion to dismiss Relator’s original action in mandamus and issued an alternative writ, holding that, although Relator was an inmate who had filed a civil action against a state…
Date: October 18, 2018
Citation: 2018-Ohio-4201
Docket Number: 2018-0068
Justia Opinion Summary: The Supreme Court denied Respondent’s motion to dismiss this original action in mandamus brought by Relator and issued an alternative writ, holding that Respondent was not entitled to have the complaint…
Date: October 18, 2018
Citation: 2018-Ohio-4202
Docket Number: 2018-0540
Date: October 17, 2018
Citation: 2018-Ohio-4184
Docket Number: 2017-1640
Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of Appellant’s petition for a writ of habeas corpus, holding that the court of appeals correctly determined that Appellant’s petition was defective on its…
Date: October 16, 2018
Citation: 2018-Ohio-4174
Docket Number: 2018-0809
Date: October 11, 2018
Citation: 2018-Ohio-4070
Docket Number: 2016-0290
Justia Opinion Summary: In this case concerning property that was the subject of a 2011 valuation complaint, the Supreme Court reversed the decision of the Board of Tax Appeals (BTA) affirming the Board of Revision’s (BOR) denial of the…
Date: October 11, 2018
Citation: 2018-Ohio-4071
Docket Number: 2017-1738
Date: October 11, 2018
Citation: 2018-Ohio-4073
Docket Number: 2018-0014
Justia Opinion Summary: The Supreme Court affirmed the decision of the Court of Appeals denying Appellant’s complaint for a writ of procedendo against Cuyahoga County Common Pleas Court Judge Michael Donnelly, holding that Appellant was not…
Date: October 11, 2018
Citation: 2018-Ohio-4074
Docket Number: 2018-0250
Date: October 11, 2018
Citation: 2018-Ohio-4077
Docket Number: 2018-0495
Date: October 11, 2018
Citation: 2018-Ohio-4100
Docket Number: 2018-1231
Date: October 10, 2018
Citation: 2018-Ohio-4069
Docket Number: 2017-1360
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court denying Appellant’s second-degree application for DNA testing, holding that Appellant was not entitled to the relief he sought. Appellant was convicted of two…
Date: October 10, 2018
Citation: 2018-Ohio-4068
Docket Number: 2018-0215
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of mandamus against Appellee, Hamilton County Common Pleas Court Judge Ethan Cooper, holding that Appellant had -…
Date: October 10, 2018
Citation: 2018-Ohio-4066
Docket Number: 2018-0464
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of habeas corpus, holding that Appellant stated no basis for relief in habeas corpus. After a retrial, Appellant…
Date: October 9, 2018
Citation: 2018-Ohio-4057
Docket Number: 2017-0514
Justia Opinion Summary: At issue was whether a general contractor’s commercial general liability (CGL) policy that is nearly identical to the one considered in Westfield Insurance Co. v. Custom Agri Systems, Inc., 979 N.E.2d 269 (Ohio 2012),…
Date: October 9, 2018
Citation: 2018-Ohio-4058
Docket Number: 2017-1644
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of habeas corpus, holding that the court of appeals properly dismissed Appellant’s petition for failure to attach…
Date: October 9, 2018
Citation: 2018-Ohio-4061
Docket Number: 2017-1805
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of habeas corpus, holding that the court of appeals properly determined that res judicata precluded Appellant…
Date: October 5, 2018
Citation: 2018-Ohio-4033
Docket Number: 2018-1251
Date: October 5, 2018
Citation: 2018-Ohio-4038
Docket Number: 2018-1255
Date: October 5, 2018
Citation: 2018-Ohio-4039
Docket Number: 2018-1256
Date: October 4, 2018
Citation: 2018-Ohio-4009
Docket Number: 2017-0241
Justia Opinion Summary: The Supreme Court dismissed this appeal challenging the Public Utility Commission’s decision to allow Dayton Power and Light Company (DP&L) to withdraw and terminate its second electric-security plan (ESP II), holding…
Date: October 4, 2018
Citation: 2018-Ohio-4011
Docket Number: 2017-1601
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for writs of mandamus and prohibition against Robert C. McClelland, a Cuyahoga County Common Pleas Court judge, holding that…
Date: October 4, 2018
Citation: 2018-Ohio-4035
Docket Number: 2018-1242
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought by Relators seeking to compel Respondents, the Lucas County Board of Elections and its members, to place a proposed charter amendment on the November 6, 2018…
Date: October 3, 2018
Citation: 2018-Ohio-4002
Docket Number: 2017-0618
Justia Opinion Summary: The Supreme Court reversed the judgment of the Court of Appeals affirming the trial court’s suppression of 150 individually wrapped pieces of marijuana-infused candy contained in two sealed Priority Mail envelopes…
Date: October 2, 2018
Citation: 2018-Ohio-3973
Docket Number: 2018-0252
Date: October 1, 2018
Citation: 2018-Ohio-3954
Docket Number: 2018-0158
Date: September 27, 2018
Citation: 2018-Ohio-3869
Docket Number: 2017-0004
Justia Opinion Summary: At issue was how to determine whether a plaintiff who alleges that he or she suffers from lung cancer as a result of asbestos exposure is a “smoker” who needs to satisfy the requirements listed in Ohio Rev. Code…
Date: September 27, 2018
Citation: 2018-Ohio-3891
Docket Number: 2017-0279
Date: September 27, 2018
Citation: 2018-Ohio-3890
Docket Number: 2017-0589
Justia Opinion Summary: In determining whether John Klein was entitled to continued temporary-total-disability compensation where he voluntarily left his position of employment for reasons unrelated to his workplace injury, the Supreme Court…
Date: September 27, 2018
Citation: 2018-Ohio-3892
Docket Number: 2017-0790
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the Industrial Commission and granted Jackson Tube Service Inc.’s request for a writ of mandamus compelling the commission to…
Date: September 27, 2018
Citation: 2018-Ohio-3899
Docket Number: 2018-0249
Date: September 27, 2018
Citation: 2018-Ohio-3900
Docket Number: 2018-0256
Date: September 27, 2018
Citation: 2018-Ohio-3906
Docket Number: 2018-0494
Date: September 27, 2018
Citation: 2018-Ohio-3907
Docket Number: 2018-0539
Date: September 27, 2018
Citation: 2018-Ohio-3908
Docket Number: 2018-0541
Date: September 27, 2018
Citation: 2018-Ohio-3909
Docket Number: 2018-1227
Date: September 26, 2018
Citation: 2018-Ohio-3855
Docket Number: 2016-0902
Justia Opinion Summary: In this real-property tax case, the Supreme Court vacated the decision of the Board of Tax Appeals (BTA) adopting a certain property’s sale price without considering the appraisal offered by the property owner, holding…
Date: September 26, 2018
Citation: 2018-Ohio-3859
Docket Number: 2016-1442
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying the Public Utilities Commission of Ohio’s (PUCO) motion to dismiss LMD Integrated Logistic Services, Inc.’s appeal from a civil forfeiture order,…
Date: September 26, 2018
Citation: 2018-Ohio-3856
Docket Number: 2017-0792
Justia Opinion Summary: In this real-property tax case, the Supreme Court vacated the decision of the Board of Tax Appeals (BTA) adopting a certain property’s sale price without giving full consideration to the appraisal offered by the property…
Date: September 26, 2018
Citation: 2018-Ohio-3857
Docket Number: 2017-1417
Date: September 26, 2018
Citation: 2018-Ohio-3860
Docket Number: 2017-1741
Date: September 26, 2018
Citation: 2018-Ohio-3861
Docket Number: 2018-0251
Date: September 26, 2018
Citation: 2018-Ohio-3862
Docket Number: 2018-0255
Date: September 25, 2018
Citation: 2018-Ohio-3826
Docket Number: 2017-0448
Justia Opinion Summary: The issue this case presented for the Ohio Supreme Court centered on whether whether oil-and-gas land professionals, who help obtain oil-and-gas leases for oil-and-gas-development companies, must be licensed real-estate…
Date: September 25, 2018
Citation: 2018-Ohio-3828
Docket Number: 2017-1409
Date: September 21, 2018
Citation: 2018-Ohio-3829
Docket Number: 2018-1238
Justia Opinion Summary: In this expedited election case, the Supreme Court denied the writ of mandamus sought by Relators seeking to compel the Lucas County Board of Elections to place a proposed charter amendment on the November 6, 2018…
Date: September 21, 2018
Citation: 2018-Ohio-3830
Docket Number: 2018-1261
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought Relators seeking to compel the Board of Trustees of Perry Township in Stark County to place a tax levy on the November 6, 2018 ballot, holding that Relators did not…
Date: September 20, 2018
Citation: 2018-Ohio-3749
Docket Number: 2016-0747
Justia Opinion Summary: The Supreme Court issued a writ of mandamus ordering the Board of Beavercreek Township Trustees and its members (collectively, the Board) to rescind two resolutions setting the annual salaries for two assistants to the…
Date: September 20, 2018
Citation: 2018-Ohio-3763
Docket Number: 2017-0021
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of aggravated murder and sentence of death, imposed after the case was remanded for resentencing, holding that none of Defendant’s propositions of law on appeal warranted…
Date: September 20, 2018
Citation: 2018-Ohio-3771
Docket Number: 2017-1823
Date: September 20, 2018
Citation: 2018-Ohio-3772
Docket Number: 2018-1135
Date: September 20, 2018
Citation: 2018-Ohio-3773
Docket Number: 2018-1138
Date: September 20, 2018
Citation: 2018-Ohio-3774
Docket Number: 2018-1147
Date: September 20, 2018
Citation: 2018-Ohio-3775
Docket Number: 2018-1151
Date: September 20, 2018
Citation: 2018-Ohio-3776
Docket Number: 2018-1178
Date: September 19, 2018
Citation: 2018-Ohio-3721
Docket Number: 2017-0431
Justia Opinion Summary: The Supreme Court reversed the judgment of the Fourth District Court of Appeals denying the request for a writ of mandamus sought by the Cincinnati Enquirer and granted a writ of mandamus, holding that the Enquirer was…
Date: September 18, 2018
Citation: 2018-Ohio-3719
Docket Number: 2017-1743
Date: September 14, 2018
Citation: 2018-Ohio-3708
Docket Number: 2018-1221
Justia Opinion Summary: The Supreme Court denied the writ of mandamus sought by six Columbus electors (Relators) to compel members of the Franklin County Board of Elections (Respondents) to place a proposed city ordinance on the November 6,…
Date: September 11, 2018
Citation: 2018-Ohio-3625
Docket Number: 2018-1087
Date: September 7, 2018
Citation: 2018-Ohio-3609
Docket Number: 2018-1129
Justia Opinion Summary: In this expedited elections case, the Supreme Court granted a writ of mandamus ordering Solon Director of Finance Matt Rubino to certify the sufficiency and validity of an initiative petition proposing an ordinance that…
Date: August 30, 2018
Citation: 2018-Ohio-3489
Docket Number: 2018-1091
Justia Opinion Summary: The Supreme Court dismissed this expedited relations case based on laches and denied the relator’s motion for leave to supplement the evidence. Relator, Citizens for Responsible Green Government, sought a writ of…
Date: August 23, 2018
Citation: 2018-Ohio-3361
Docket Number: 2018-0866
Justia Opinion Summary: In this action alleging that improprieties occurred during the recount of votes in sixteen Muskingum County precincts and seeking writs of mandamus to certify official election results that excluded all ballots cast in…
Date: August 21, 2018
Citation: 2018-Ohio-3342
Docket Number: 2018-1037
Justia Opinion Summary: In this expedited elections case, the Supreme Court granted a writ of prohibition to prevent the Delaware County Board of Elections (the Board) from placing a township zoning referendum on the November 2018 ballot,…
Date: August 16, 2018
Citation: 2018-Ohio-3263
Docket Number: 2017-0616
Justia Opinion Summary: The Supreme Court held that the Ohio savings statute, Ohio Rev. Code 2305.19, does not apply to a federal or state court action commenced in another state that fails otherwise than upon the merits, and therefore, the…
Date: August 16, 2018
Citation: 2018-Ohio-3267
Docket Number: 2017-1730
Date: August 15, 2018
Citation: 2018-Ohio-3254
Docket Number: 2016-0551
Justia Opinion Summary: At issue in this appeal from a decision of the Board of Tax Appeals (BTA) was how best to determine the true value of a low income housing property that is both rent restricted and rent subsidized. Appellant, the…
Date: August 15, 2018
Citation: 2018-Ohio-3255
Docket Number: 2016-0904
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) adopting the property value stated in an appraisal report presented by the Licking Heights Local Schools Board of Education (BOE), holding that…
Date: August 15, 2018
Citation: 2018-Ohio-3256
Docket Number: 2017-0087
Justia Opinion Summary: The Supreme Court held that using a prior juvenile adjudication of delinquency for the commission of an offense that would have been felonious assault if committed by an adult as an element of the offense of having a…
Date: August 14, 2018
Citation: 2018-Ohio-3226
Docket Number: 2016-1891
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals that affirmed Appellant’s convictions and sentence, holding that the juvenile court’s failure to consider and apply Ohio Rev. Code 2152.021 - Ohio’s safe…
Date: August 14, 2018
Citation: 2018-Ohio-3237
Docket Number: 2017-0483
Justia Opinion Summary: At issue was whether an exception in Ohio law providing that jail-time credit does not apply to the portion of a prison sentence that is imposed for a firearm specification, as applied in this case, violates…
Date: August 14, 2018
Citation: 2018-Ohio-3238
Docket Number: 2017-1411
Date: August 13, 2018
Citation: 2018-Ohio-3220
Docket Number: 2018-1047
Justia Opinion Summary: In this original action brought under Article II, Section 1g of the Ohio Constitution, the Supreme Court sustained the challenge brought by Relators regarding an initiative petition to place a proposed constitutional…
Date: August 9, 2018
Citation: 2018-Ohio-3154
Docket Number: 2017-0346
Justia Opinion Summary: The Supreme Court granted Cuyahoga County Prosecuting Attorney Michael C. O’Malley a writ of prohibition and ordered Cuyahoga County Common Pleas Court Judge Cassandra Collier-Williams to vacate her journal entry…
Date: August 9, 2018
Citation: 2018-Ohio-3155
Docket Number: 2017-0607
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint for writs of prohibition and procedendo against Darke County Court of Common Pleas Judge Jonathan P. Hein, holding that…
Date: August 9, 2018
Citation: 2018-Ohio-3156
Docket Number: 2017-1336
Justia Opinion Summary: The Supreme Court answered a question certified to it by the United States Court of Appeals for the Sixth Circuit by holding that Ohio Rev. Code 1707.43, a provision of the Ohio Securities Act, does not impose joint and…
Date: August 8, 2018
Citation: 2018-Ohio-3126
Docket Number: 2017-0913
Justia Opinion Summary: The Supreme Court held that Ohio Rev. Code 3314.08 authorizes the Ohio Department of Education (ODE) to base funding of an Internet-based community school - or e-school - on the duration of student participation. The…
Date: August 8, 2018
Citation: 2018-Ohio-3128
Docket Numbers: 2017-1015, 2017-1214
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for a writ of mandamus to compel the Ohio Parole Board to hold a parole hearing at which Appellant’s parole request would be…
Date: August 8, 2018
Citation: 2018-Ohio-3161
Docket Number: 2018-0889
Justia Opinion Summary: In this expedited election case, the Supreme Court denied the writ of mandamus sought by Heaven Guest seeking to compel Ohio Secretary of State Jon Husted and the Columbiana County Board of Elections to place her name on…
Date: August 7, 2018
Citation: 2018-Ohio-3116
Docket Number: 2018-0822
Date: August 2, 2018
Citation: 2018-Ohio-3017
Docket Number: 2017-1079
Date: August 2, 2018
Citation: 2018-Ohio-3018
Docket Number: 2017-1259
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Court of Appeals dismissing Appellant’s complaint for writs of mandamus and prohibition against Judge Patrick M. McGrath of the Court of Claims, holding the complaint was…
Date: August 1, 2018
Citation: 2018-Ohio-2990
Docket Number: 2017-1735
Date: July 26, 2018
Citation: 2018-Ohio-2923
Docket Number: 2017-0666
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) upholding a use-tax assessment on the purchases of natural gas by East Manufacturing Corporation (East) and not granting an exemption under Ohio…
Date: July 25, 2018
Citation: 2018-Ohio-2909
Docket Number: 2017-0003
Justia Opinion Summary: The Supreme Court held that the valuation of a parcel of land with a supermarket owned by the Kroger Company by the Franklin County Board of Revision (BOR) of $2,390,000 conformed to Ohio Rev. Code 5713.03, and the Board…
Date: July 24, 2018
Citation: 2018-Ohio-2895
Docket Number: 2016-1830
Date: July 12, 2018
Citation: 2018-Ohio-2711
Docket Number: 2012-2055
Date: July 12, 2018
Citation: 2018-Ohio-2703
Docket Number: 2017-1339
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of procedendo against Summit County Common Pleas Court Judge Christine Croce. Appellant was convicted of…
Date: July 12, 2018
Citation: 2018-Ohio-2704
Docket Number: 2017-1449
Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ judgment dismissing Appellant’s complaint for a writ of procedendo against retired Judge Richard D. Reinbold Jr. and Summit County Court of Common Pleas Judge Mary…
Date: July 12, 2018
Citation: 2018-Ohio-2705
Docket Number: 2017-1734
Date: July 11, 2018
Citation: 2018-Ohio-2680
Docket Number: 2017-0010
Date: July 11, 2018
Citation: 2018-Ohio-2681
Docket Number: 2017-1062
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint for a writ of mandamus against Erie County Common Pleas Court Judge Roger E. Binette and denied Appellant’s motions for…
Date: July 11, 2018
Citation: 2018-Ohio-2692
Docket Number: 2017-1221
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of procedendo against Franklin County Common Pleas Court Judge Jenifer French, holding that the intermediate…
Date: July 11, 2018
Citation: 2018-Ohio-2693
Docket Number: 2017-1323
Justia Opinion Summary: In this mandamus action, the Supreme Court affirmed the judgment of the court of appeals denying Appellant’s motion to waive court costs and denied Appellant’s motion to appoint counsel. Appellant filed a complaint for…
Date: July 11, 2018
Citation: 2018-Ohio-2696
Docket Number: 2018-1326
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction this appeal from a judgment of the court of appeals that dismissed the petition for a writ of habeas corpus filed by Appellant, holding that the notice of appeal was…
Date: July 10, 2018
Citation: 2018-Ohio-2665
Docket Number: 2017-0179
Justia Opinion Summary: This suit fell within the exclusive jurisdiction of the Court of Claims, rather than the court of common pleas, because Plaintiff sought legal relief rather than equitable relief. This suit challenged the legality of…
Date: July 10, 2018
Citation: 2018-Ohio-2628
Docket Number: 2017-0830
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s request for writs of mandamus and/or procedendo against Cuyahoga County Court of Common Pleas Judge Hollie L. Gallagher and Cuyahoga…
Date: July 10, 2018
Citation: 2018-Ohio-2629
Docket Number: 2017-1386
Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s petition for a writ of habeas corpus that he filed against LaShann Eppinger, warden of the Grafton Correctional Institution, where Appellant was…
Date: July 10, 2018
Citation: 2018-Ohio-2630
Docket Number: 2017-1726
Date: June 28, 2018
Citation: 2018-Ohio-2395
Docket Number: 2017-0436
Justia Opinion Summary: At issue was whether a utility company provided its customer adequate notice that natural-gas service to the customer’s property had been disconnected by hanging two notices on the front door of the property. The…
Date: June 28, 2018
Citation: 2018-Ohio-2396
Docket Numbers: 2017-1331, 2017-1331
Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s petition for a writ of habeas corpus filed against the warden of the correctional facility where Appellant was incarcerated. Appellant claimed…
Date: June 27, 2018
Citation: 2018-Ohio-2415
Docket Number: 2016-0541
Justia Opinion Summary: The Board of Tax Appeals (BTA) acted reasonably and lawfully in applying collateral estoppel to Appellant’s continuing complaint for tax years 2013 and 2014. Appellant, the owner of the real property at issue in this…
Date: June 27, 2018
Citation: 2018-Ohio-2417
Docket Number: 2016-1629
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals concluding that an order appointing a guardian ad litem (GAL) for an adult is not a final, appealable order under Ohio Rev. Code 2505.02(B) and vacated the…
Date: June 26, 2018
Citation: 2018-Ohio-2469
Docket Number: 2016-1834
Date: June 26, 2018
Citation: 2018-Ohio-2390
Docket Number: 2017-1416
Date: June 22, 2018
Citation: 2018-Ohio-2407
Docket Number: 2018-0687
Date: June 21, 2018
Citation: 2018-Ohio-2381
Docket Number: 2016-0995
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals affirming the decision of the tax commissioner finding that Ohio Rev. Code 5709.911 subordinated a property’s original tax increment financing (TIF)…
Date: June 21, 2018
Citation: 2018-Ohio-2382
Docket Number: 2017-0969
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals dismissing, sua sponte, Appellant’s complaint for a writ of mandamus filed against George Kral, Chief of Police of the Toledo police department. In his…
Date: June 20, 2018
Citation: 2018-Ohio-2358
Docket Number: 2017-0327
Justia Opinion Summary: At issue was whether the trial court had authority to enjoin the state from enforcing new statutes as punishment for contempt of court. The court of common pleas found the state to be in contempt of a court order that…
Date: June 7, 2018
Citation: 2018-Ohio-2169
Docket Number: 2017-0145
Justia Opinion Summary: A social worker’s statutory duty to cooperate and share information with law enforcement regarding a child abuse investigation does not render the social worker an agent of law enforcement for purposes of the Fifth and…
Date: June 7, 2018
Citation: 2018-Ohio-2170
Docket Number: 2017-1413
Date: June 7, 2018
Citation: 2018-Ohio-2168
Docket Number: 2017-1673
Justia Opinion Summary: The Supreme Court granted a writ to Relator, who filed a complaint for a writ of mandamus to compel the common pleas court to enforce its 2013 order sealing the record in a criminal case against Relator and to rule on…
Date: June 6, 2018
Citation: 2018-Ohio-2151
Docket Number: 2017-0251
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals granting a writ of mandamus that ordered the administrator of the Bureau of Workers’ Compensation (Bureau) to vacate the order of the administrator’s…
Date: June 6, 2018
Citation: 2018-Ohio-2153
Docket Number: 2017-0636
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals granting a writ of mandamus ordering the Industrial Commission to vacate its order allocating the cost of a permanent-total-disability award between two…
Date: June 5, 2018
Citation: 2018-Ohio-2120
Docket Numbers: 2016-1284, 2017-0272
Justia Opinion Summary: The Supreme Court affirmed the judgments of the two courts of appeals dismissing Appellant’s petition for a writ of habeas corpus and Appellant’s petition for writs of prohibition and mandamus. Appellant was convicted…
Date: June 5, 2018
Citation: 2018-Ohio-2122
Docket Number: 2016-1839
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals granting a motion to dismiss Appellant’s complaint for a writ of mandamus challenging the Industrial Commission’s determination that it had continuing…
Date: June 5, 2018
Citation: 2018-Ohio-2121
Docket Number: 2017-0088
Justia Opinion Summary: The unambiguous language of Ohio Rev. Code 2744.02(B)(3), which provides that a political subdivision may be held liable for the negligent failure to keep public roads in repair and the negligent failure to remove…
Date: June 1, 2018
Citation: 2018-Ohio-2102
Docket Number: 2018-0132
Justia Opinion Summary: The Supreme Court granted the writ of habeas corpus sought by Tyrone Oliver and commanded Oliver’s immediate release from incarceration. In 1993, Oliver was sentenced to an indeterminate prison sentence of eight to…
Date: May 31, 2018
Citation: 2018-Ohio-2046
Docket Number: 2015-1861
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) valuing Appellant’s property in accordance with a sale price and determining that Appellant’s appraisal evidence did not negate the presumption…
Date: May 31, 2018
Citation: 2018-Ohio-2047
Docket Number: 2016-1074
Justia Opinion Summary: At issue was whether the Ohio use tax applied to Lafarge North America, Inc.’s purchases of fuel and repair parts for equipment used to break up and transport solidified slag, a by-product from molten ore during…
Date: May 30, 2018
Citation: 2018-Ohio-2023
Docket Number: 2015-2073
Justia Opinion Summary: The Lorain County Board of Revision (BOR) had continuing-complaint jurisdiction to determine the value of a property for tax years 2012, 2013, and 2014 and therefore, the Board of Tax Appeals (BTA) erred in refusing to…
Date: May 23, 2018
Citation: 2018-Ohio-1975
Docket Number: 2017-1122
Justia Opinion Summary: At issue was whether a trial court must inform an offender at the time of sentencing that the commission of a felony during a period of post-release control permits a trial court to impose a new prison term for the…
Date: May 22, 2018
Citation: 2018-Ohio-1974
Docket Number: 2015-2109
Justia Opinion Summary: In this real-property-valuation case, the Supreme Court vacated the decision of the Board of Tax Appeals (BTA) finding that the appraisal report presented by the Washington County Board of Revision and Washington County…
Date: May 17, 2018
Citation: 2018-Ohio-1903
Docket Number: 2014-1862
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of aggravated murder with a death specification, felony-murder, kidnapping, aggravated robbery, aggravated burglary, and other crimes and the trial court’s imposition of…
Date: May 16, 2018
Citation: 2018-Ohio-1895
Docket Number: 2015-2055
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) following the Court’s remand in Navistar I, holding that the BTA acted reasonably and lawfully in upholding the tax commissioner’s reduction of…
Date: May 14, 2018
Citation: 2018-Ohio-1857
Docket Number: 2018-0527
Date: May 11, 2018
Citation: 2018-Ohio-1854
Docket Number: 2018-0563
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction the complaint filed by Relator seeking a writ of mandamus to compel Respondents, the Ohio Secretary of State, the Franklin County Board of Elections, and the Cuyahoga…
Date: May 9, 2018
Citation: 2018-Ohio-1787
Docket Number: 2017-0039
Justia Opinion Summary: In adoption proceedings, a probate court must consider the existence of pending parenting matters when determining whether an exception to the requirement of parental consent to adoption applies. Stepfather filed…
Date: May 8, 2018
Citation: 2018-Ohio-1783
Docket Number: 2017-0693
Justia Opinion Summary: The tort of intentional interference with or destruction of evidence does not include claims alleging interference with or concealment of evidence that disrupt a plaintiff’s underlying case. Appellee filed an action…
Date: May 3, 2018
Citation: 2018-Ohio-1694
Docket Number: 2016-1584
Justia Opinion Summary: The law of the case from the first appeal in this case was not relevant in the second appeal because, on remand from the first appeal, the trial court had relied on new evidence to decide that Nicholas Giancola had…
Date: May 2, 2018
Citation: 2018-Ohio-1693
Docket Number: 2017-0430
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying the writ of mandamus sought by Appellant seeking to compel the Industrial Commission to vacate its order retroactively adjusting Appellant’s benefit…
Date: April 27, 2018
Citation: 2018-Ohio-1660
Docket Numbers: 2018-0436, 2018-0437
Justia Opinion Summary: The Secretary of State Jon Hosted did not abuse his discretion when he determined that Heidi R. Carroll had the requisite seventy-two months of legal-practice experience to qualify for a seat on the common-pleas-court…
Date: April 26, 2018
Citation: 2018-Ohio-1611
Docket Number: 2015-1410
Justia Opinion Summary: At issue in this valuation case was the 2011 value, with carryover to 2012 and 2013, of a nursing home that was purchased by its former lessee in April 2011 and to what extent the sale price ought to have been allocated…
Date: April 26, 2018
Citation: 2018-Ohio-1612
Docket Number: 2016-0145
Justia Opinion Summary: In this real property valuation case involving tax year 2012, the Supreme Court reversed the decision of the Board of Tax Appeals (BTA) adopting the Franklin County Board of Revision’s (BOR) rejection of the sale price…
Date: April 26, 2018
Citation: 2018-Ohio-1613
Docket Number: 2017-0801
Justia Opinion Summary: The Supreme Court vacated the adoption decree entered in the probate court, holding that the probate judge Mark Costine patently and unambiguously lacked jurisdiction to grant Elizabeth Garrett’s petition to adopt…
Date: April 25, 2018
Citation: 2018-Ohio-1588
Docket Number: 2015-0288
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the decision of the Cuyahoga County Board of Revision (BOR) rejecting Appellant’s challenge to the tax-year-2012 valuation of his…
Date: April 25, 2018
Citation: 2018-Ohio-1589
Docket Number: 2016-1468
Justia Opinion Summary: In this challenge to the real property valuation of a Walgreens drugstore in Lancaster for tax year 2014 the Supreme Court vacated the decision of the Board of Tax Appeals (BTA) disregarding the property owners’…
Date: April 25, 2018
Citation: 2018-Ohio-1590
Docket Number: 2017-0696
Justia Opinion Summary: When reviewing a decision of a common pleas court confirming, modifying, vacating, or correcting an arbitration award, an appellate court should accept finding of fact that are not clearly erroneous but should decide…
Date: April 24, 2018
Citation: 2018-Ohio-1562
Docket Number: 2014-1035
Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for aggravated murder and two counts of attempted murder and Appellant’s sentence of death, imposed after a jury trial. The Court held (1) the prosecutor had no…
Date: April 24, 2018
Citation: 2018-Ohio-1561
Docket Number: 2015-0460
Justia Opinion Summary: The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) affirming the tax commissioner’s order of two reductions that decreased Dana Corporation’s amortizable amount against the commercial-activity tax…
Date: April 24, 2018
Citation: 2018-Ohio-1602
Docket Number: 2018-0404
Justia Opinion Summary: The Supreme Court granted a writ of mandamus requested by Relators seeking to compel Respondents, the Mahoning County Board of Elections and its members (collectively, the Board), to place a proposed amendment to the…
Date: April 19, 2018
Citation: 2018-Ohio-1480
Docket Number: 2015-1386
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) reversing the decision of the Cuyahoga County Board of Revision (BOR) rejecting Plaintiff’s challenge to the Cuyahoga County fiscal officer’s…
Date: April 19, 2018
Citation: 2018-Ohio-1481
Docket Number: 2017-0102
Justia Opinion Summary: The definition of “claimant” for purposes of Ohio Rev. Code 4123.931(G) is any party who is eligible to receive compensation, medical benefits, or death benefits from the Ohio Bureau of Workers’ Compensation. Further, a…
Date: April 18, 2018
Citation: 2018-Ohio-1462
Docket Number: 2017-0200
Justia Opinion Summary: The Supreme Court held that Ohio’s death-penalty scheme does not violate the right to a trial by jury as guaranteed by the Sixth Amendment to the United States Constitution. Appellant was sentenced to death. The court…
Date: April 18, 2018
Citation: 2018-Ohio-1463
Docket Numbers: 2017-0220, 2017-0387
Justia Opinion Summary: In these two consolidated appeals, the Supreme Court affirmed the decisions of the court of appeals denying Appellant’s complaints for a writ of mandamus against Cuyahoga County Court of Common Pleas Judge Shannon M.…
Date: April 17, 2018
Citation: 2018-Ohio-1437
Docket Number: 2015-2014
Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) finding that the “casualty-loss exception” to the general rule prohibiting successive valuation complaints within the same triennium applied in…
Date: April 16, 2018
Citation: 2018-Ohio-1434
Docket Number: 2018-0402
Date: April 16, 2018
Citation: 2018-Ohio-1435
Docket Number: 2018-0422
Date: April 13, 2018
Citation: 2018-Ohio-1428
Docket Number: 2018-0427
Justia Opinion Summary: The Supreme Court denied Relator’s motion for leave to amend his complaint and denied the writ of mandamus he sought to compel Respondents, the City of Columbus and the Franklin County Board of Elections, to remove a…
Date: April 4, 2018
Citation: 2018-Ohio-1286
Docket Number: 2018-0335
Justia Opinion Summary: The Supreme Court denied writs of mandamus sought by Relators to compel respondent members of the Columbus City Council to approve an ordinance placing a proposed city-charter amendment on the May 8, 2018 ballot and to…
Date: March 29, 2018
Citation: 2018-Ohio-1152
Docket Number: 2018-0313
Justia Opinion Summary: The Supreme Court denied the writ of mandamus requested by Jonathan Heavey and Adam Hudak certifying their names to the May 8, 2018 ballot as candidates for the Democratic Party’s nominees for governor and lieutenant…
Date: March 29, 2018
Citation: 2018-Ohio-1151
Docket Number: 2018-0360
Justia Opinion Summary: The Supreme Court granted the writ of mandamus requested by Jason Stevens to compel the Fairfield County Board of Elections to issue a certificate of nomination to certify Stevens’s name for placement on the May 8, 2018…
Date: March 15, 2018
Citation: 2018-Ohio-966
Docket Number: 2018-0115
Justia Opinion Summary: The Supreme Court granted the writ of mandamus sought by Relator to compel Respondent, the Delaware County Board of Elections, to place a referendum on the May 8, 2018 ballot. Relator submitted a petition for a…
Date: March 14, 2018
Citation: 2018-Ohio-922
Docket Number: 2017-0286
Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s petition for a writ of habeas corpus because his claims were not cognizable in habeas corpus. Appellant pleaded guilty to three counts of rape.…
Date: March 13, 2018
Citation: 2018-Ohio-918
Docket Number: 2015-1358
Justia Opinion Summary: The Board of Tax Appeals (BTA) erred in adopting the Franklin County Board of Revision’s (BOR) determination of value of Appellee’s property for tax year 2011. For tax year 2011, the Franklin County auditor valued the…
Date: March 13, 2018
Citation: 2018-Ohio-919
Docket Number: 2015-1486
Justia Opinion Summary: The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) vacating the decision of the Franklin County Board of Revision (BOR), which partially reduced the value of certain property for tax year 2012. The…
Date: March 7, 2018
Citation: 2018-Ohio-813
Docket Number: 2016-1848
Justia Opinion Summary: At issue was whether the trial court erred in imposing a sentence, which included both a prison term and community control sanctions at the same time, where the community control sanctions continued after the completion…
Date: March 6, 2018
Citation: 2018-Ohio-795
Docket Number: 2014-1377
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the trial court related to Appellant’s second application for postconviction DNA testing under Ohio Rev. Code 2953.71 through 2953.81, holding that…
Date: February 23, 2018
Citation: 2018-Ohio-653
Docket Number: 2017-0803
Date: February 23, 2018
Citation: 2018-Ohio-657
Docket Number: 2018-0158
Date: February 23, 2018
Citation: 2018-Ohio-656
Docket Number: 2018-0159
Date: February 22, 2018
Citation: 2018-Ohio-649
Docket Number: 2009-2301
Date: February 22, 2018
Citation: 2018-Ohio-651
Docket Number: 2012-0656
Date: February 22, 2018
Citation: 2018-Ohio-650
Docket Number: 2014-1740
Date: February 7, 2018
Citation: 2018-Ohio-465
Docket Number: 2016-0704
Justia Opinion Summary: In this dispute between Appellant, a nonprofit organization, and Appellees, three landowners, over a abandoned rail corridor, the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals.…
Date: February 6, 2018
Citation: 2018-Ohio-441
Docket Number: 2016-1252
Justia Opinion Summary: Preterm, a state licensed ambulatory surgical facility that provides abortion services, sued asserting that provisions of H.B. 59 (R.C. 3702.30, 3702.302-3702.308, 3727.60; 2317.56, 2919.19-2919.193, 4731.22, 5101.80,…
Date: February 6, 2018
Citation: 2018-Ohio-440
Docket Number: 2016-1348
Justia Opinion Summary: Since 1996, Ohio Department of Health regulations have required ambulatory surgical facilities to have a written transfer agreement with a hospital to facilitate treatment in the event of an emergency beyond the…
Date: February 2, 2018
Citation: 2018-Ohio-406
Docket Number: 2016-1490
Date: February 2, 2018
Citation: 2018-Ohio-407
Docket Number: 2017-0677
Date: February 2, 2018
Citation: 2018-Ohio-412
Docket Number: 2018-0041
Date: January 26, 2018
Citation: 2018-Ohio-302
Docket Number: 2014-1389
Date: January 24, 2018
Citation: 2018-Ohio-541
Docket Number: 2015-1065
Justia Opinion Summary: The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) concluding that Taxpayer’s challenge to the taxable value assigned to its property for tax year 2012 was barred because taxpayer waited too long…
Date: January 24, 2018
Citation: 2018-Ohio-556
Docket Number: 2016-0788
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals granting a writ of habeas corpus to Appellee and ordering his immediate discharge from the Ross Correctional Institution. In his petition, Appellee, who was…
Date: January 24, 2018
Citation: 2018-Ohio-555
Docket Number: 2016-1015
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals granting summary judgment to the chief of the oil-and-gas resources-management division of the Ohio Department of Natural Resources (ODNR), the director of…
Date: January 24, 2018
Citation: 2018-Ohio-558
Docket Number: 2016-1181
Justia Opinion Summary: Here, the Supreme Court withdrew its prior opinion affirming the judgment of the court of appeals, which referred this case to a magistrate, who then purported to dismiss the petition sua sponte. Upon further…
Date: January 24, 2018
Citation: 2018-Ohio-474
Docket Number: 2016-1372
Justia Opinion Summary: To recover on a claim for asbestos-related injuries, the “cumulative-exposure theory,” which postulates that every non-minimal exposure to asbestos is a substantial factor in causing mesothelioma, is in consent with the…
Date: January 24, 2018
Citation: 2018-Ohio-544
Docket Number: 2017-0492
Date: January 24, 2018
Citation: 2018-Ohio-235
Docket Number: 2017-1823
Date: January 19, 2018
Citation: 2018-Ohio-188
Docket Number: 2014-1389
Date: January 19, 2018
Citation: 2018-Ohio-187
Docket Number: 2016-0263
Date: January 16, 2018
Citation: 2018-Ohio-229
Docket Number: 2013-2026
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in remanded in part the order of the Public Utilities Commission ordering First Energy companies (collectively, FirstEnergy) to refund more than $43 million to ratepayers…
Date: January 16, 2018
Citation: 2018-Ohio-493
Docket Number: 2014-0313
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for three counts of aggravated murder and one count of attempted murder. The court affirmed the trial court’s imposition of three sentences of death but vacated…
Date: January 16, 2018
Citation: 2018-Ohio-230
Docket Number: 2015-0759
Justia Opinion Summary: The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) affirming the decision of the Cuyahoga County Board of Revision (BOR) dismissing the complaint filed by Life Path Partners, Ltd. seeking to…
Date: January 16, 2018
Citation: 2018-Ohio-201
Docket Number: 2016-0930
Justia Opinion Summary: A law enforcement agency’s policy that an arrestee’s personal effects must accompany the arrestee to jail, on its own, cannot justify the warrantless retrieval of an arrestee’s personal effects from a location that is…
Date: January 16, 2018
Citation: 2018-Ohio-256
Docket Number: 2016-1011
Justia Opinion Summary: The Supreme Court denied the petition for a writ of mandamus filed by a group of landowners (“Landowners”) seeking an order compelling the Ohio Department of Natural Resources’ Division of Oil and Gas Resources…
Date: January 16, 2018
Citation: 2018-Ohio-333
Docket Number: 2016-1236
Date: January 16, 2018
Citation: 2018-Ohio-334
Docket Number: 2016-1307
Justia Opinion Summary: The delayed damage rule, which modifies the general rule for when a cause of action accrues, did not apply to this cause of action alleging negligence related to the procuring of a professional-liability insurance…
Date: January 16, 2018
Citation: 2018-Ohio-259
Docket Number: 2016-1462
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant’s convictions and ordering a new trial, holding that the trial court did not commit plain error in joining for trial two indictments…
Date: January 16, 2018
Citation: 2018-Ohio-231
Docket Number: 2017-0798
Date: January 11, 2018
Citation: 2018-Ohio-79
Docket Number: 2017-1756
Date: January 4, 2018
Citation: 2018-Ohio-15
Docket Number: 2016-0585
Justia Opinion Summary: In this case alleging breach of contract, fraud, retaliation, constructive discharge, and invasion of privacy, the Supreme Court held (1) in Ohio, punitive damages may not be awarded for a breach of contract; (2) a party…
Date: January 4, 2018
Citation: 2018-Ohio-16
Docket Number: 2016-1020
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals, which concluded that Defendant forfeited her right to challenge the trial court’s policy of refusing to accept no-contest pleas. The court of appeals ruled…
Date: January 4, 2018
Citation: 2018-Ohio-17
Docket Numbers: 2016-1195, 2016-1197
Justia Opinion Summary: A juvenile who is bound over to adult court must wait to appeal until the end of the adult-court proceedings. D.H. was a juvenile at the time he was charged with robbery. The juvenile court determined that D.H. was not…
Date: January 4, 2018
Citation: 2018-Ohio-22
Docket Number: 2016-1255
Justia Opinion Summary: Pountney was indicted for theft, identity fraud, and two counts of drug possession—one involving fentanyl and one involving acetaminophen with codeine. Pountney stipulated to the charges of theft, identity fraud, and…
Date: January 4, 2018
Citation: 2018-Ohio-24
Docket Number: 2016-1737
Justia Opinion Summary: Rebecca and Curtis divorced. A shared-parenting decree was put into effect for their sons. In June 2015, Rebecca sought a domestic-violence civil protection order against Curtis, R.C. 3113.31, stating that she was…
Date: January 4, 2018
Citation: 2018-Ohio-23
Docket Number: 2017-0433
Justia Opinion Summary: In this termination of parental rights case, the actions of the juvenile court in allowing the attorney for Mother to withdraw from the case at a permanent custody hearing and proceeding with the hearing without Mother…
Date: January 3, 2018
Citation: 2018-Ohio-8
Docket Number: 2016-1281
Justia Opinion Summary: The 74-acre Washington County parcel, near the Ohio River, is subject to a 1980 oil and gas lease between the then-owners and Collins-McGregor, to permit “mining and operating for oil and gas and laying pipe lines, and…
Date: January 3, 2018
Citation: 2018-Ohio-10
Docket Number: 2017-1082
Date: January 2, 2018
Citation: 2018-Ohio-1
Docket Number: 2015-0349
Justia Opinion Summary: The 36-unit North Canton apartment complex went into foreclosure.The lender obtained a judgment of $1,700,000. There were no bids at a sheriff’s sale with a minimum bid of $1,400,000. The receiver marketed the property…
Date: January 2, 2018
Citation: 2018-Ohio-2
Docket Number: 2015-0791
Justia Opinion Summary: Notestine, a nonprofit corporation with 26 U.S.C. 501(c)(3) status as a charitable institution, owns the 11-unit residential rental property developed as low-income housing under 12 U.S.C. 1701q. Construction costs were…
Date: January 2, 2018
Citation: 2018-Ohio-3
Docket Number: 2015-1773
Justia Opinion Summary: In 2005, Roark, a Sunesis laborer, was working alone at the bottom of a trench, when the trench collapsed, killing him. The Bureau of Workers’ Compensation awarded Roark’s dependent children benefits. The dependents…
Date: January 2, 2018
Citation: 2018-Ohio-4
Docket Number: 2017-1080
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