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Court News Ohio
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DECEMBER 27, 2013

Eighth District: No Blanket Protection for Lead Hazard Public Records

DECEMBER 26, 2013

Sixth District: Insurance Company Acted in Bad Faith with Delayed Payment

DECEMBER 24, 2013

Supreme Court: Dayton Attorney Suspended Indefinitely

Supreme Court: Texas Tax Services Firm Improperly Practiced Law in Ohio

DECEMBER 20, 2013

Supreme Court: State Controlling Board Had Legal Authority to Approve Request for Federal Medicaid Funds

DECEMBER 19, 2013

Ninth District: Appeals Court Denies Malpractice Suit Against Akron Doctor and Hospital

Supreme Court: Court Upholds 1990 Conviction and Sentence

DECEMBER 17, 2013

Supreme Court: Juvenile Court Did Not Follow Interstate Child Custody Laws

DECEMBER 16, 2013

Court of Claims Denies Negligence Claim in OSU Elevator Death

DECEMBER 13, 2013

Eighth District: Cleveland’s Residency Bonus Points Ruled Unconstitutional

DECEMBER 10, 2013

Sixth District: Admission of Evidence from Traffic Stop Unconstitutional

DECEMBER 9, 2013

Supreme Court: Canton Man Convicted and Sentenced to Death for Three Murders Asks Supreme Court for New Trial

DECEMBER 5, 2013

Court of Claims: Wrongfully Imprisoned Cleveland Man to Receive $600,000 from State

DECEMBER 5, 2013

In Separate Cases, Supreme Court Finds that Two Non-Lawyers Practiced Law

DECEMBER 4, 2013

Supreme Court: Trial Courts Not Required to Consider Pleadings When Deciding Whether to Grant a Directed Verdict

DECEMBER 3, 2013

Supreme Court Denies Request to Compel JobsOhio to Release Documents

NOVEMBER 27, 2013

Ninth District: Summit County Man’s Conviction Overturned in Lost Dog Reward Case

Supreme Court: Right to Confront Witnesses Not Violated When Defendant Stipulates to Report from Expert Witness Who Does Not Testify at Trial

NOVEMBER 26, 2013

Second District Court of Appeals Denies Second Retrial for Convicted Murderer

NOVEMBER 21, 2013

Supreme Court: Two Attorneys Suspended Indefinitely from Practice of Law

November 20, 2013

Supreme Court: Jury Verdict Forms Must List Degree of an Offense or Elements that Justify a Conviction of a More Serious Crime

Supreme Court: Resentencing for Postrelease Control Cannot Be Imposed if an Offender Has Already Completed Prison Term

NOVEMBER 19, 2013

Supreme Court: Science Teacher Cannot Display Religious Material in Classroom

Supreme Court: Worthington Couple Entitled to City Income Tax Refund

Supreme Court: Gallia County Judge Receives Stayed Suspension for Misconduct

NOVEMBER 18, 2013

City of Cleveland and Occupy Cleveland Protesters to Argue First Amendment Case at Supreme Court

First District: Decision Not to Allow a Motion for New Trial Overturned in Convicted Murderer’s Case

NOVEMBER 14, 2013

Fifth District: Drug Conviction Sent Back to County Court

Supreme Court: Courts Must Consider Information Presented at Sentencing Hearings When Determining Whether to Merge Multiple Crimes

NOVEMBER 13, 2013

Court of Claims: School Construction Dispute Settled for Nearly $1 Million in Court of Claims

NOVEMBER 7, 2013

Supreme Court: Grandfathering Provision in ’70s Zoning Law Applies to Long-time Property Owners

NOVEMBER 6, 2013

Supreme Court: Stark County Sheriff Not Qualified to Hold the Office

NOVEMBER 5, 2013

Eighth District: Appeals Court Reverses Part of Murderer’s Conviction

Supreme Court: Windshield Repair Case Does Not Meet Requirements for Class Action

NOVEMBER 4, 2013

Court of Claims: Paralyzed Woman Settles Medical Negligence Case with University of Cincinnati for $2.3 Million

Eighth District: Some Records of Internet Sweepstakes Café Investigation Must Be Produced

Supreme Court to Determine Whether an Advocacy Group Has Standing to Challenge JobsOhio Act

OCTOBER 31, 2013

Supreme Court: Cincinnati Attorney Suspended for One Year After Mental Health Suspension Lifted

Supreme Court Revises Restitution Order in Discipline Case

OCTOBER 30, 2013

Supreme Court: Teacher’s Testimony Recounting Child’s Allegations of Abuse Violates Confrontation Clause

OCTOBER 24, 2013

Supreme Court: Doctor in Medical Malpractice Case to Receive New Trial

Supreme Court: Columbus Attorney Suspended

OCTOBER 23, 2013

Supreme Court: Death Sentence Upheld in 2008 Akron Murder Case

Supreme Court: Informational Picketing Does Not Fall Under Ten-Day Statutory Notice Requirement

OCTOBER 22, 2013

Supreme Court: Death Sentence Vacated, Returned to Trial Court for Second Time

Supreme Court: Criminal Convictions Are Not Automatically Sealed After a Pardon by the Governor

Supreme Court: Akron Judge’s Sanction Reversed Following Supreme Court Ruling

OCTOBER 21, 2013

Supreme Court: Hamilton Man Appeals Death Sentence to Court for Third Time

OCTOBER 18, 2013

Supreme Court: Independent Candidate for Akron City Council Must Be Added to November Ballot

OCTOBER 17, 2013

Supreme Court: Westlake Attorney Connected with Cuyahoga County Corruption Scandal Has Been Indefinitely Suspended

Supreme Court: Doctor Acting Within the Scope of His or Her State Employment Is Immune from Liability

OCTOBER 16, 2013

Supreme Court: Hazard in City Park Does Not Affect City’s Recreational Use Immunity

Supreme Court: Trial Courts Have Authority to Expunge and Seal Record of a Dissolved Protection Order

Supreme Court: Income Calculations for Child Support May Include Employer Benefits

OCTOBER 10, 2013

Supreme Court: Hamilton County Must Amend Ballot Language in November 5 Issue

Three Cases Will Be Argued Before the Supreme Court at Off-Site Court Session in Crawford County

OCTOBER 7, 2013

Tenth District Court of Appeals: No Invasion of Privacy with Inmate Medical Records Release

Supreme Court: Man Facing Sixth Trial for Murder Argues Appeal on Constitutional Grounds Must Be Allowed

OCTOBER 3, 2013

Seventh District: State Law Cannot Be Applied Retroactively to Keep Sex Offender from Living Near School

SEPTEMBER 26, 2013

Supreme Court: Attorney Not Admitted to the Practice of Law in Ohio Is Not Subject to Ohio Disciplinary Rules

SEPTEMBER 25, 2013

Fifth District: Convicted Arsonist’s Appeal Turned Down

SEPTEMBER 24, 2013

Supreme Court: Law in Effect When a Claim is Filed Determines How to Calculate Pre-Judgment Interest

Supreme Court: Canton Attorney Disbarred

SEPTEMBER 19, 2013

Supreme Court: When Trial Court’s Improper Judicial Notice Is Only Evidence That Proves State’s Case, Double Jeopardy Bars a Retrial

Supreme Court: Nonsealable Conviction Prevents Sealing Of Connected Criminal Charge That Is Dismissed

SEPTEMBER 18, 2013

Ninth District: Appeals Court Sends Deadly Crash Case Back to Trial Court

Supreme Court: Injured Worker Must File Application During Lifetime to Receive Certain Benefits

SEPTEMBER 17, 2013

Third District: Appeals Court Rules Fourth Amendment Rights Violation

SEPTEMBER 11, 2013

Court of Claims Hears Wrongfully Imprisoned Cleveland Man’s Claim for Compensation

SEPTEMBER 9, 2013

Court of Claims: Collateral Recovery Reduces Award Family Will Receive in Wrongful Death Case to $1.8 Million

Supreme Court: Candidates Ordered On the Ballot in Summit, Richland Counties

SEPTEMBER 6, 2013

Supreme Court to Consider Different Interpretations of Corrupt Activity in Ohio’s RICO Law

SEPTEMBER 5, 2013

Supreme Court: Defendant’s Constitutional Right to Confront Witnesses Was Violated When Out-of-Court Comments by an Alleged Accomplice Were Allowed

SEPTEMBER 3, 2013

Supreme Court: Custodian of Public Records has Burden to Show Why Materials are Exempt from Disclosure Under Public Records Law

AUGUST 28, 2013

Twelfth District: Appeal Denied in Father’s Day Murder Case

Supreme Court: Three Attorneys Suspended From Practicing Law

AUGUST 23, 2013

Seventh District: Man Who Attacked and Injured Sheriff’s Deputy Loses Appeal

AUGUST 20, 2013

Third District: Marked Lanes Violation Overturned for Lack of ‘Reasonable’ Suspicion

AUGUST 16, 2013

Supreme Court to Hear Death Penalty Appeal Questioning Competency Determination in Trial for 2007 Toledo Murders

AUGUST 15, 2013

Woman Hit By Hockey Puck Loses Court of Claims Case

AUGUST 14, 2013

Eleventh District: Man Convicted in Crash Deaths Fails to File Timely Appeal, 11th District Rules

JULY 25, 2013

Supreme Court: Pay That Worker Deferred to Flexible Spending Account Does Not Count As ‘Wages’ in Determining Unemployment Eligibility

JULY 24, 2013

Supreme Court Accepts Five Cases for Review

JULY 23, 2013

Supreme Court: Tax Commissioner’s Wrong Filing Instructions Creates Ambiguity for Taxpayer to Treat Assessment as Preliminary or Final

JULY 18, 2013

Supreme Court: Party’s Statement Non-Privileged in Suit Filed, Raised In Different Case

JULY 17, 2013

Supreme Court Clarifies Law on Criminal Restitution Awards

JULY 16, 2013

Supreme Court: Trial Court Did Not Err by Considering Merit Issues in Ruling That ‘Phone Cramming’ Lawsuit Cannot Be Pursued as Class Action

JULY 10, 2013

Tenth District: Construction Company Not Liable for Employee’s Death, 10th District Affirms

JULY 5, 2013

Eighth District: Parma Firefighter to Receive Back Pay, Benefits

JULY 3, 2013

Fourth District: Stop Sign Violation Overturned for Lack of Evidence at Trial

JULY 2, 2013

Fourth District: Results of Urine Test Should Be Suppressed for OVI Conviction

JUNE 28, 2013

Ninth District: Convicted Armed Robber Should Get a New Trial

JUNE 27, 2013

Court of Claims: OSU Medical Center Settles Lawsuit for $5.25 Million in Case of Brain-Dead Infant

JUNE 25, 2013

Eleventh District: Does State ‘RICO’ Statute Allowing for Fine Apply to Attempted Conviction Too?

JUNE 24, 2013

Eighth District: Driver Being Ticketed Not Liable for Injuries to Police Officer Struck by Vehicle While Writing Citation

JUNE 21, 2013

First District: Failure to Pay Court Courts Does Not Make Expungement Automatically Ineligible

JUNE 19, 2013

Court of Claims: Man’s Family Receives $500,000 Settlement from University Hospital in Cincinnati

JUNE 18, 2013

First District Upholds ‘Adam Walsh Act’ Provision Extending Juvenile Sex Offender’s Registration Requirement Beyond Defendant’s 21st Birthday

Supreme Court Upholds Police Officer’s Conviction For Witness Intimidation, Reinstates Conviction for Abduction

JUNE 13, 2013

Supreme Court: Cincinnati Attorney Indefinitely Suspended

JUNE 12, 2013

Eighth District: Cleveland Man Wins Sentencing Appeal

Supreme Court: Three-Judge Panel May Determine Whether Intra-District Conflict Exists, En Banc Review Required

JUNE 11, 2013

Supreme Court: “RICO” Sentencing Statute Not Ambiguous, Mandatory Ten-Year Sentence Applies When Pattern of Corrupt Activity Includes Any First Degree Felony

JUNE 10, 2013

Twelfth District: Summary Judgment ‘Inappropriate’ for Negligence Claim

JUNE 7, 2013

Supreme Court Asked to Decide If Company-Paid Employee Benefits Are Countable as ‘Income’ In Calculating Child Support Obligation

JUNE 4, 2013

Seventh District: Steubenville Teacher, Football Coach Wins Defamation Appeal

Supreme Court: Workers’ Compensation Covers Injured Employee’s Mental Condition Only If Caused by Physical Injury

Supreme Court: Cleveland Attorney Disbarred

MAY 31, 2013

Supreme Court to Hear Death Penalty Appeal in 2005 Cleveland Murder

MAY 30, 2013

Supreme Court: A Defendant’s Guilty Plea That Is Vacated on Appeal Continues to Bar Eligibility for Wrongful Imprisonment Damages

MAY 29, 2013

Supreme Court: Statements Obtained From ODNR Employees Under Threat of Job Loss Properly Suppressed in Criminal Proceedings

MAY 28, 2013

Supreme Court: Foreclosure Action May Not Be Dismissed Under Civil Rule After Court Enters Judgment Granting Foreclosure, Order of Sale

MAY 23, 2013

Court of Claims Awards Family Nearly $4 Million

MAY 21, 2013

Supreme Court: Insurance Policy Language Does Not Preclude Uninsured Motorist Coverage For Damage Caused by Government Driver

MAY 16, 2013

Supreme Court: Columbus Attorney Disbarred

Supreme Court: Massillon Attorney Indefinitely Suspended

MAY 15, 2013

Supreme Court: Criminal Defendant’s Public Records Request for Information that is Subject to Discovery Triggers State’s Right to Demand Reciprocal Discovery

MAY 14, 2013

Supreme Court: Residential Mortgage Servicing Company is Not “Supplier” Subject to Ohio Consumer Sales Practices Act

MAY 3, 2013

Supreme Court to Reconsider Woman's Death Sentence

MAY 2, 2013

Supreme Court Clarifies Requirements for New DNA Testing of Biological Material In Criminal Cases

Supreme Court: Akron Attorney Suspended

MAY 1, 2013

Supreme Court: Felonious Assault by Causing ‘Serious Physical Harm’ Is a Lesser Included Offense of Attempted Murder

Supreme Court: Dayton Attorney Indefinitely Suspended

APRIL 30, 2013

Supreme Court: State Must Prove Protection Order Was Served on Respondent Prior to Alleged Violation

APRIL 29, 2013

Second District: Appeals Court Rules Police Violated Man’s Fourth Amendment Rights

APRIL 24, 2013

Supreme Court: Euclid Attorney Suspended Indefinitely

Supreme Court: Rents Charged To Vendors Are Trade Secrets, Exempt From Disclosure Under Public Records Act

APRIL 23, 2013

Supreme Court: Evidence of Doctor’s Sympathetic Statement to Patient Barred by ‘Apology Statute’ in Any Malpractice Suit Filed After 2004

APRIL 19, 2013

Eighth District: Appeals Court Reverses Sex Offender’s Conviction, Can’t Be Reclassified under the Adam Walsh Act

Supreme Court to Hear Arguments in Seven Cases April 23-24

APRIL 18, 2013

Supreme Court: ‘At Cost’ Provision of Public Records Act Does Not Trump $5 BMV Fee

Supreme Court: Northfield Attorney Disbarred

Supreme Court: Toledo Attorney’s License Suspended

APRIL 17, 2013

Supreme Court: Interlocutory Appeal Must Precede Post-Acquittal Appeal in Juvenile Cases

Supreme Court: Dayton Attorney Indefinitely Suspended

Supreme Court: Akron Attorney Indefinitely Suspended

APRIL 16, 2013

Supreme Court: Columbus Attorney Indefinitely Suspended

APRIL 10, 2013

Twelfth District: Burglary and Kidnapping Convictions Should Be Merged, Resentenced

Sixth District Vacates Man’s Sentence After Plea Deal Violation

APRIL 9, 2013

Court of Claims: Probate Court to Determine How Much of $3.3 Million Award Family Will Receive in Wrongful Death Case

APRIL 5, 2013

Supreme Court To Consider Whether Doctors Employed by University Hospitals Are Immune From Malpractice Liability As State Employees Regardless of Educational Context

MARCH 22, 2013

Court of Claims Approves $210,700 Settlement in 14 Year-Old Case

MARCH 21, 2013

Supreme Court: Imposition of Less Severe Discovery Rule Sanctions Apply to State Violations

MARCH 20, 2013

Supreme Court Suspends Painesville Attorney

MARCH 19, 2013

Supreme Court Suspends Cleveland Heights Attorney

MARCH 14, 2013

Tenth District: Prisoner Who Fell from Top Bunk Wins Appeal, Court Reexamines Discretionary Immunity Precedent

MARCH 12, 2013

Supreme Court Upholds Appellate Ruling That Worker’s Firing For Conduct That Caused On-the Job Injury Does Not Constitute ‘Voluntary Abandonment of Employment’

Supreme Court: Michigan Attorney Suspended From Practice in Ohio

MARCH 8, 2013

Supreme Court To Review Case of Police Detective Convicted of Abduction, Witness Intimidation For Abuse of Arrest Powers

MARCH 7, 2013

Supreme Court Rules County Engineer’s Response Met Requirements of Public Records Act

Supreme Court Permanently Denies Applicant Permission to Take Ohio Bar Examination

MARCH 6, 2013

Supreme Court: Eaton Attorney Suspended

Supreme Court: Cleveland Attorney Disbarred

MARCH 1, 2013

Court of Claims Approves UT Medical Center Patient’s Settlement

FEBRUARY 28, 2013

Ninth District Finds Court Cannot Issue Lifelong Ban to Man from State of Ohio

FEBRUARY 27, 2013

Second District Reverses Trial Court Over Suppression of Evidence

FEBRUARY 25, 2013

Fourth District: Trial Court Should Have Considered Breathalyzer Results, Appeals Court Rules

FEBRUARY 22, 2013

Ninth District Finds Child Enticement Statute Unconstitutional

Supreme Court To Hear Appeal of Public School Teacher Fired for Religious Displays and Teaching

FEBRUARY 19, 2013

Twelfth District Reverses Trial Court Over Intoxilyzer 8000 Results

FEBRUARY 14, 2013

Supreme Court: Cleveland Attorney Suspended

FEBRUARY 13, 2013

Supreme Court: Columbus Attorney Suspended

FEBRUARY 11, 2013

Court of Claims approves OSU Medical Center Patient’s Settlement

FEBRUARY 1, 2013

Supreme Court To Decide If Applying 2004 “Apology Statute” to Statements Made By Doctor in 2001 is Unconstitutional Retroactive Application of Law

JANUARY 30, 2013

Supreme Court: State Oil & Gas Commission Lacks Jurisdiction to Hear Appeals of Drilling Permits Issued by Division of Oil and Gas Resources Management

JANUARY 28, 2013

Second District Reverses Trial Court Over Deficient Search-Warrant Affidavit

JANUARY 17, 2013

Court of Claims: Partial Payment for Wrongfully Imprisoned Cleveland Man Sent to Controlling Board

JANUARY 16, 2013

Court of Claims: Former ODNR Employee Receives Damages in Age Discrimination Case

JANUARY 14, 2013

Tenth District Rules in Malpractice Case

JANUARY 9, 2013

Tenth District Upholds Health Department Finding of Smoking Ban Violations, $2,500 Fine

JANUARY 7, 2013

Court of Claims: ODRC Settles Former Inmate’s Medical Negligence Claim