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Court News Ohio
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DECEMBER 29, 2016

Ohio Supreme Court Announces Multiple Decisions

Supreme Court Rules City of Findlay Not Immune in Stop Sign Accident Case

DECEMBER 28, 2016

Most Criminal Investigation Records Become Public When Trial Concludes

Civil Lawsuits Can Be Based on Most Criminal Acts

DECEMBER 27, 2016

Officers Immune from Damages Bystander Suffered During High-Speed Chase

Synthetic Drugs Criminalized When Carryout Owner Sold Them

DECEMBER 23, 2016

‘Prior Calculation and Design’ is More than Purposeful Killing

Prosecutors Must Prove Actual Cocaine Weight in Possession Cases

DECEMBER 22, 2016

‘Functional Life Sentences’ for Juvenile Nonhomicide Offenders Unconstitutional

Mandatory Transfer of Juveniles to Adult Courts Is Unconstitutional

DECEMBER 21, 2016

Post-Conviction DNA Testing Appeals Process Unconstitutional

DECEMBER 20, 2016

Delayed Release of Body-Cam Video from Cincinnati Police Shooting Was Reasonable

DECEMBER 19, 2016

Ohio Supreme Court Disciplines Three Attorneys

DECEMBER 15, 2016

Court Affirms Death Penalty in Akron Double Homicide

Community-Control-Revocation Hearings Include Right to Allocution

DECEMBER 14, 2016

Damage Caps Constitutional When Applied to Sexual Assault of Minor

DECEMBER 13, 2016

Court Upholds Conviction and Death Penalty for Medina County Murder

Attempted Acts of Violence Not Eligible for Expungement

DECEMBER 8, 2016

Court Affirms Death Penalty for Cleveland Serial Killer

Workers’ Comp Concurrent Award Not Authorized by Law

DECEMBER 7, 2016

Discovery Orders Challenged Under Attorney-Client Privilege May Be Reviewed Immediately on Appeal

Failed Judicial Candidate Receives Suspension For False Campaign Statements

DECEMBER 6, 2016

Law Enforcement Dash-Cam Videos Are Public Records Subject to Redaction

NOVEMBER 22, 2016

Cincinnati Area Attorney Suspended for Two Years

Two Ohio Attorneys Suspended

NOVEMBER 21, 2016

Immigrant Can Withdraw Admission of Guilt to Avoid Deportation

NOVEMBER 17, 2016

Ohio Can Impose Commercial Activity Tax on Online Retailers

NOVEMBER 16, 2016

Report Using Driver’s Account of No-Contact Hit-and-Run Accident Can Be Used for Claim

NOVEMBER 15, 2016

Court Blocks Hamilton County Judge from Consolidating Hundreds of Malpractice Cases

NOVEMBER 10, 2016

Court Corrects Sentence Involving Allied Offenses

Court Refuses to Consider Demolition Permit for Historic Cincinnati Record Company

NOVEMBER 8, 2016

Siblings Who Mismanaged Funds of Former Cleveland Mayor’s Spouse Suspended for One Year

Captain America Filming Shielded from Takings Claim

NOVEMBER 3, 2016

Company Cannot Change Method of Filing Tax Return to Obtain Refund

Court Orders New Sentence in Juvenile Rape Case

No Civil Claim for Negligent Misidentification in Ohio

NOVEMBER 2, 2016

Court Rules in 14 Rape Cases Based on Earlier Decisions

Montgomery County Agency Cannot Contest State Board Ruling in Franklin County

Natural Gas Royalty Payments Based on Lease Terms

NOVEMBER 1, 2016

PUCO Must Explain Reasons for Permitting Duke Energy’s Sale of Competitive Services

OCTOBER 27, 2016

Court Affirms Disputed Reduction in Apartment Complex’s Tax Value

OCTOBER 26, 2016

State’s Tax Credit Reduction Was On Time; Now Tax Board Must Decide Amount

OCTOBER 25, 2016

Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Injury

OCTOBER 20, 2016

Probate Court Can Consider Adoption Over Objections of Children Services Agency With Custody

OCTOBER 19, 2016

Juvenile Must Receive Credit for Days Held in Confinement Pending Trial

OCTOBER 18, 2016

Attorney Convicted of Sexual Battery Receives Two-Year Suspension

OCTOBER 13, 2016

Court of Claims: Former Firefighter Who Helped in New York City After 9/11 Not Victim of Crime

OCTOBER 6, 2016

Cleveland Attorney Permanently Disbarred

OCTOBER 5, 2016

Proving Crime of Photographing Nude Children Without Consent Differs from Possessing Child Nudity

OCTOBER 4, 2016

Board of Tax Appeals Must Consider Madison County Auto-Part Maker's Objections

SEPTEMBER 28, 2016

Tenth District: School Teacher’s Conviction for Showing Obscene Movie Upheld

SEPTEMBER 26, 2016

Court of Claims: Ohio State University Settles Doctor’s Age Discrimination Suit

SEPTEMBER 21, 2016

Seventh District: Pedestrian vs. Driver Rules-of-the-Road Case Turned Back to Trial Court

SEPTEMBER 15, 2016

Court Decides 14 Fracking-Related Cases

Noble County Mineral Rights Holder Properly Preserved Oil and Gas Rights

Dormant Mineral Act Did Not Automatically Transfer Rights to Surface Owners

Belmont County Surface Owners Not Entitled to Mineral Rights Under Their Properties

SEPTEMBER 14, 2016

Retrial for 2002 Murder Indictment Does Not Violate Man’s Constitutional Rights

SEPTEMBER 13, 2016

Death Penalty Affirmed for Man Convicted of Two Cincinnati-Area Murders

Court Denies Damages in Records Dispute

Former Cuyahoga County Official Receives One-Year Stayed Suspension

SEPTEMBER 7, 2016

Court Upholds Amendments to Champaign County Wind Farm Permit

Youngstown Attorney Indefinitely Suspended

SEPTEMBER 6, 2016

Meigs County Charter Issue Must Be Placed on Ballot

SEPTEMBER 2, 2016

Court of Claims: Broken Basketball Seat Lawsuit Blocked

SEPTEMBER 1, 2016

Three Attorneys Publicly Reprimanded

AUGUST 31, 2016

Hubbard Attorney Permanently Disbarred

AUGUST 30, 2016

Good Samaritan Protection Applies to More Than Health Care Professionals

Offender Convicted Nearly 20 Years After Crime Entitled to Shorter Prison Term

AUGUST 25, 2016

Using Juvenile Offense to Enhance Adult Crime Prison Sentence is Unconstitutional

AUGUST 24, 2016

Supreme Court Affirms Death Sentence for Killer of Mother and Two Children

Court Affirms Man’s Second Death Penalty Sentence

AUGUST 23, 2016

Township Trustees Illegally Replaced Member on Military Leave

Court Releases Eight Opinions Consistent With Earlier Juvenile Sex-Offender Decision

AUGUST 22, 2016

Court to Review When Synthetic Drugs Were Made Illegal

AUGUST 8, 2016

Supreme Court to Consider Constitutionality of Oil and Gas Law

AUGUST 5, 2016

Tenth District: Non-Incumbent Candidates No Longer Have to Use “For” to Alert Voters They Don’t Hold the Office

AUGUST 3, 2016

Court of Claims Approves $2 Million Settlement for Columbus Construction Contractor

JULY 28, 2016

Peace Officer Sexual Battery Statute Ruled Unconstitutional

JULY 27, 2016

Dayton Area “Sabbath Rest” Destination Denied Tax Exemption

Appeals Court Failed to Accurately Assess if 20-Year Delay in Rape Charge Violated Due Process

JULY 26, 2016

Electric Company Not Liable for Injuries When Deer Hit Motorcyclist Who Hit Pole

Westerville Attorney Suspended

JULY 22, 2016

Court of Claims approves two OSU Medical Center settlements

JULY 21, 2016

Springfield Schools Must Release Student Data as Public Records

JULY 20, 2016

Community-School Property Manager Denied Tax Exemption

JULY 11, 2016

Court Releases 26 Opinions Consistent With Two Earlier Decisions

JULY 8, 2016

Court of Claims: Settlements Approved in Two Medical Lawsuits Against Ohio State and University of Cincinnati

Sixth District: Damages Award of $2.76 Million for Trike Crash Supported by Evidence

JULY 6, 2016

Court of Claims: Lottery Commission’s Termination of Former Seven Hills Mayor Upheld

JULY 5, 2016

Supreme Court to Consider Two Death-Penalty Appeals

JULY 1, 2016

Standing to File a Foreclosure Requires Injury to Both Note and Mortgage, Court Rules

JUNE 28, 2016

Cincinnati Attorney Indefinitely Suspended

JUNE 24, 2016

Ninth District Directs Trial Court to Review Mental Capacity for Ward Who Changed Will

JUNE 16, 2016

Court Resolves How Federal Debt Collection and State Consumer Sales Laws Impact Debt-Buyers and Collection Lawyers

JUNE 15, 2016

Tax Commissioner Must Refund Nearly $360,000 Income-Tax Penalty

Former Cleveland Attorney Suspended for One Year

JUNE 14, 2016

Two Attorneys Suspended from Practice of Law

Lima Attorney Receives One-Year Suspension

JUNE 9, 2016

Juveniles Entitled to Double-Jeopardy Protections

JUNE 8, 2016

Dayton Attorney Receives 18-Month Suspension

JUNE 6, 2016

Court to Decide if Police Dashcams, Bodycams Are Public Records

MAY 23, 2016

Death-Row Inmate Objects to Appeals Process for DNA Testing Requests

MAY 19, 2016

Court Rejects Murder Conviction Appeal

MAY 18, 2016

Sex-Offender Registration Termination Not Available for Pre-2008 Offenses

MAY 17, 2016

Details of Legal Work Done by Outside Firm for City Not Public Record

Medicaid Specialist Admits to Unauthorized Practice of Law

MAY 12, 2016

Abuse and Molestation Exclusion Precludes Insurance Coverage for Church’s Child Abuse Incident

MAY 11, 2016

Meeting Filing Deadline Rules Only Requirement for Court to Consider Unemployment Compensation Appeal

MAY 5, 2016

Attorney Practicing in Ohio Before Formally Admitted Now Denied Admission

Prosecuting Attorneys Represent the State in Community Control Violation Hearings

MAY 4, 2016

Local Governments Not Protected by State Constitution’s Prohibition of Retroactive Laws

MAY 3, 2016

Court of Claims: Former Bowling Green Football Player Settles Concussion Claim for $712,500

A Public Body’s Prearranged Discussion by E-mail Violates Ohio’s Open Meetings Act

APRIL 28, 2016

Willoughby Attorney Involved in Calabrese Conviction Receives Stayed Suspension

Law Presuming Juvenile’s Statement in Police Custody Was Voluntary Ruled Unconstitutional

APRIL 27, 2016

Judge Can Impose Jointly Recommended Consecutive Sentences Without Independent Review

APRIL 25, 2016

Court to Decide if Business Tax Can Be Imposed on Out-of-State E-Commerce Companies

APRIL 21, 2016

West Chester Attorney Receives Two-Year Suspension

Court Approves AEP’s 2012 Rate Plan and Charge for Ensuring Reliability of Electricity in Competitive Marketplace

APRIL 20, 2016

Witness’s Compelled Statement After Invoking Fifth Amendment Did Not Impact Trial Outcome

Death Penalty Affirmed for Maple Heights Man Who Killed Grandparents

Death Sentence Affirmed for Man Who Robbed and Killed Convenience Store Clerk

Two Ohio Attorneys Indefinitely Suspended

APRIL 19, 2016

County Not Liable For Accident Where Teen Driver Hit Unusually High Pavement Edge Drop

State Can Be Held Liable for Injuries Caused by Negligent Park Employees

APRIL 14, 2016

Contemporary Christian Music Radio Station Entitled to ‘House of Worship’ Tax Exemption

APRIL 13, 2016

Second District: Strip Club Not Liable for Injuries Caused by Stripper in Auto Accident

Certificate for Company’s Second Wind Farm in Champaign County Approved

APRIL 11, 2016

Court to Decide if Police Can Deny Investigation Records Until Convict Exhausts Appeals

APRIL 7, 2016

Court of Claims: Longest Serving Wrongfully Imprisoned Man to Receive Additional $2.65 Million

MARCH 30, 2016

Third District: Woman Accused of Forcing 10-Year-Old Boy to Kill His Father Gets New Trial

MARCH 28, 2016

Cleveland Murderer’s Death Penalty Appeal Reaches Supreme Court

MARCH 25, 2016

Seventh District: Man Forced Out of Jail Five Years Ago Doesn’t Have to Return

MARCH 24, 2016

Citizen Has Standing to Challenge Constitutionality of Ohio Casino Gambling

MARCH 23, 2016

Patient Medical Records Data Not Confined to What Is Kept by Medical Records Department

Homeowners Not Entitled to $250 For Fannie Mae’s Missing Recording Deadlines

MARCH 22, 2016

Specification for repeat OVI Convictions Constitutional

MARCH 17, 2016

Twelfth District: Conviction Overturned for Man Who Trained iPhone on Topless Tanning Booth Patron

Outside Salespeople Still Exempt from Minimum Wage Even After Voter-Approved Ballot Measure

MARCH 16, 2016

Second Execution Attempt Is Not Cruel and Unusual Punishment

MARCH 15, 2016

Estate of Wrongdoer Can Be Subject to Punitive Damages Award

MARCH 10, 2016

Court of Claims: Inmate Who Repeatedly Fell Settles for $9,000

Michigan Attorney Who Reported His Violations Indefinitely Suspended

MARCH 9, 2016

First District: Student’s One-Day Suspension for Staring at Girl Affirmed

Cleveland Attorney Disbarred

MARCH 8, 2016

Two Attorneys Suspended from Practice of Law

MARCH 4, 2016

Eighth District: Appeal from Cleveland Roller Skater Injured by Splinters Falls Flat

MARCH 3, 2016

Cincinnati Attorney Indefinitely Suspended

MARCH 2, 2016

Second District: Jury Has to Weigh Whether Drunk Driver Intended to Harm Patrons When He Crashed Truck into Bar

FEBRUARY 29, 2016

Court to Decide if Teacher Turned in Her Paperwork Too Late to Appeal Termination

FEBRUARY 25, 2016

Tenth District: Students of Nursing College that Lost Accreditation Entitled to Hearing on Lost Earning Potential

Felony and Misdemeanor Sentence for Receiving Stolen Property Must Run at Same Time

Former Cuyahoga County Common Pleas Judge Disbarred

FEBRUARY 24, 2016

Per Day Damages Charges in Public Construction Projects Are Enforceable

FEBRUARY 23, 2016

Court of Claims: Brothers Exonerated for Murder Granted Additional $4.38 Million for Wrongful Imprisonment

Nursing Board Hearing Examiner Had Authority to Limit Subpoenas

FEBRUARY 18, 2016

Documents Regarding Homes of Children With Elevated Lead Levels Not Public Records

FEBRUARY 17, 2016

Youngstown Attorney Indefinitely Suspended

FEBRUARY 16, 2016

Court to Consider if Utility Company Liable for Injuries When Motorcyclist Hit by Deer Strikes Roadside Pole

FEBRUARY 12, 2016

Court of Claims: Family of Man Whose Airway Was Ignited by Laser Receives $800,000 in Medical Negligence Case

FEBRUARY 11, 2016

Sale of State Prison Constitutional

FEBRUARY 10, 2016

Court Clarifies Standards for Admitting Blood Test Evidence in OVI Cases

FEBRUARY 9, 2016

Cleveland Red-Light Camera Case Returned to Trial Court

FEBRUARY 4, 2016

Board Must Reconsider Property Tax Valuation of Marietta Lowe’s

FEBRUARY 3, 2016

Two Ohio Attorneys Suspended

FEBRUARY 2, 2016

Court of Claims: Wrongfully Imprisoned Cleveland Man Settles for $337,000

FEBRUARY 1, 2016

Court to Weigh if Police Liable for Bystander Injuries Caused by Fleeing Suspect During Pursuit

JANUARY 21, 2016

Beck Energy Leases With 700 Landowners Valid Despite Years Without Drilling

JANUARY 20, 2016

Warrantless Search of Legally Parked Car Violated Man’s Constitutional Rights

JANUARY 19, 2016

Court to Determine if Public School District Must Give Private School Advocate Student Names and Addresses

JANUARY 14, 2016

Two Central Ohio Attorneys Suspended

JANUARY 13, 2016

Warrensville Heights Schools Lose Property-Tax Challenge of Thistledown Racino

JANUARY 6, 2016

Twelfth District: Trial Court Should Consider Reversing Guardsman’s Probation of No Firearms

JANUARY 4, 2016

Court to Determine if Landowner Royalties Can Be Tapped to Pay Part of Oil and Gas Marketing Expenses