Supreme Court of Ohio Decisions 2011
Date: December 22, 2011
Citation: 2011-Ohio-6553
Docket Number: 2010-2158
Justia Opinion Summary: A jury found Jack Carlisle guilty of kidnapping and gross sexual imposition (GSI) and sentenced him to three years' imprisonment for kidnapping and one year of imprisonment for GSI, to be served concurrently. The trial…
Date: December 22, 2011
Citation: 2011-Ohio-6552
Docket Number: 2011-1438
Date: December 20, 2011
Citation: 2011-Ohio-6524
Docket Number: 2007-2021
Justia Opinion Summary: A three-judge panel convicted Lamont Hunter for the aggravated murder and rape of a three-year-old and child endangerment. The panel sentenced Hunter to death based on two death-penalty specifications: aggravated murder…
Date: December 20, 2011
Citation: 2011-Ohio-6525
Docket Number: 2010-0955
Justia Opinion Summary: Employee was injured in an industrial accident in 1987. The last injury-related bill submitted to either self-insured Employer or its third-party administrator (collectively, Employer) was paid in 1997. In 2008, Employee…
Date: December 15, 2011
Citation: 2011-Ohio-6396
Docket Number: 2011-1401
Date: December 15, 2011
Citation: 2011-Ohio-6397
Docket Number: 2011-1403
Justia Opinion Summary: After Appellant Jermaine McKinney was convicted and sentenced in a criminal case, Appellant petitioned for writs of mandamus and procendendo to compel Appellee, a county court of common pleas judge, to issue a final,…
Date: December 14, 2011
Citation: 2011-Ohio-6343
Docket Number: 2011-1188
Justia Opinion Summary: Appellant David Untied petitioned for a writ of prohibition to prevent the judge of the court of common pleas from proceeding with a hearing on an alleged violation of community control and a writ of mandamus to compel…
Date: December 8, 2011
Citation: 2011-Ohio-6238
Docket Number: 2010-0988
Justia Opinion Summary: Patient filed an action seeking recovery for injuries following a medical procedure Doctor performed on him allegedly without his informed consent. The trial court granted a directed verdict in favor of Doctor. The…
Date: December 1, 2011
Citation: 2011-Ohio-6117
Docket Number: 2009-1292
Justia Opinion Summary: Relators, owners of land located downstream from the western spillway of Grand Lake St. Marys, petitioned for a writ of mandamus to compel Respondents, the Ohio Department of Natural Resources and its director, to…
Date: December 1, 2011
Citation: 2011-Ohio-6047
Docket Number: 2010-0964
Justia Opinion Summary: Appellant suffered an industrial injury and never returned to any type of employment. Appellant filed for permanent total disability compensation (PTD) six years later. The Industrial Commission of Ohio denied…
Date: December 1, 2011
Citation: 2011-Ohio-6046
Docket Number: 2011-1381
Date: November 30, 2011
Citation: 2011-Ohio-6036
Docket Number: 2010-1841
Justia Opinion Summary: Employee suffered an industrial injury and received surgery on his right shoulder, after which Employee returned to work for self-insured Employer. Employee experienced renewed shoulder complaints four years later and…
Date: November 30, 2011
Citation: 2011-Ohio-6037
Docket Number: 2011-1151
Date: November 30, 2011
Citation: 2011-Ohio-6038
Docket Number: 2011-1351
Date: November 29, 2011
Citation: 2011-Ohio-6009
Docket Number: 2011-0145
Justia Opinion Summary: Relator, Angela Dawson, requested a writ of mandamus to compel Respondent, a local school district, to provide her with access to (1) itemized invoices of law firms providing services to the district in matters…
Date: November 29, 2011
Citation: 2011-Ohio-6016
Docket Number: 2011-1081
Date: November 23, 2011
Citation: 2011-Ohio-5934
Docket Number: 2011-0997
Date: November 23, 2011
Citation: 2011-Ohio-5936
Docket Number: 2011-1282
Date: November 23, 2011
Citation: 2011-Ohio-5935
Docket Number: 2011-1400
Date: November 17, 2011
Citation: 2011-Ohio-5798
Docket Number: 2010-0734
Justia Opinion Summary: Patrick Donohoe died from injuries sustained in a workplace accident. His widow, Catherine, filed an application for additional workers' compensation benefits, claiming that Patrick's accident resulted from his…
Date: November 17, 2011
Citation: 2011-Ohio-5795
Docket Number: 2011-1042
Date: November 15, 2011
Citation: 2011-Ohio-5790
Docket Number: 2010-1605
Date: November 15, 2011
Citation: 2011-Ohio-5788
Docket Number: 2011-1040
Date: November 15, 2011
Citation: 2011-Ohio-5789
Docket Number: 2011-1232
Date: November 10, 2011
Citation: 2011-Ohio-5758
Docket Number: 2010-2245
Date: November 10, 2011
Citation: 2011-Ohio-5756
Docket Number: 2011-0327
Date: November 10, 2011
Citation: 2011-Ohio-5757
Docket Number: 2011-1024
Date: November 9, 2011
Citation: 2011-Ohio-5715
Docket Numbers: 2010-1975, 2010-2232
Date: November 3, 2011
Citation: 2011-Ohio-5578
Docket Number: 2010-2021
Date: November 1, 2011
Citation: 2011-Ohio-5534
Docket Number: 2010-1754
Justia Opinion Summary: Ohio State University filed an application to exempt a two-story building to which it had title, predicating the exemption claim on Ohio Rev. Code 3345.17, which provides that state-university property is exempt for real…
Date: November 1, 2011
Citation: 2011-Ohio-5519
Docket Number: 2011-0441
Justia Opinion Summary: The State Employment Relations Board (SERB) appointed Kay Kingsley as an administrative law judge (ALJ), which was a classified position. Several years later, the General Assembly enacted H.B. 1, which changed the…
Date: November 1, 2011
Citation: 2011-Ohio-5516
Docket Number: 2011-1223
Date: October 27, 2011
Citation: 2011-Ohio-5451
Docket Number: 2011-0052
Date: October 27, 2011
Citation: 2011-Ohio-5452
Docket Number: 2011-0320
Justia Opinion Summary: In the civil case underlying this appeal, John Poss filed a motion for an order that Marilyn Morris transfer to him property that was the subject of a constructive trust. Before the court ruled on Poss's motion, Morris…
Date: October 27, 2011
Citation: 2011-Ohio-5454
Docket Number: 2011-0922
Justia Opinion Summary: For several years, Appellant Paul Lane worked for the City. Later, the interim city manager terminated Lane's employment for disciplinary reasons. Lane subsequently submitted to the City's personnel director a request…
Date: October 27, 2011
Citation: 2011-Ohio-5456
Docket Number: 2011-1075
Justia Opinion Summary: Anthony Belton was charged with aggravated murder with death-penalty specifications and aggravated robbery with firearm specifications. Belton filed a motion challenging the constitutionality of Ohio Rev. Code 2929.03…
Date: October 26, 2011
Citation: 2011-Ohio-5448
Docket Number: 2010-1769
Justia Opinion Summary: A family partnership purchased 749-acres for use as a farm. The entire farm enjoyed current-agricultural-use-valuation (CAUV) status until a seventy-acre parcel was transferred to Maralgate, LLC, after which the county…
Date: October 21, 2011
Citation: 2011-Ohio-5774
Docket Number: 2011-1645
Date: October 20, 2011
Citation: 2011-Ohio-5409
Docket Number: 2009-2267
Date: October 20, 2011
Citation: 2011-Ohio-5408
Docket Number: 2011-1325
Date: October 20, 2011
Citation: 2011-Ohio-5348
Date: October 19, 2011
Citation: 2011-Ohio-5295
Docket Number: 2010-2254
Date: October 19, 2011
Citation: 2011-Ohio-5351
Docket Number: 2011-0455
Justia Opinion Summary: Employee was involuntarily separated from his employment due to disability. Employee's treating physician later certified that Employee was able to return to work, and Employee was subsequently reinstated to the payroll…
Date: October 19, 2011
Citation: 2011-Ohio-5350
Docket Number: 2011-0571
Justia Opinion Summary: Appellant Raleigh Striker filed a pro se complaint in the court of appeals for a writ of mandamus to compel Respondents, the clerk and the city of Shelby, to make certain records available for inspection and copying…
Date: October 18, 2011
Citation: 2011-Ohio-5262
Docket Number: 2010-1324
Justia Opinion Summary: The superintendent of insurance, in her capacity as the liquidator of an insolvent insurer, filed an action in the county court of common pleas against an independent accounting firm that provided auditing services to…
Date: October 18, 2011
Citation: 2011-Ohio-5283
Docket Number: 2010-1837
Justia Opinion Summary: Attorney submitted attorney-fee applications to the attorney general, requesting $1,563 in attorney fees for representing Client in connection with Client's application for crime-victim reparations. The attorney general…
Date: October 18, 2011
Citation: 2011-Ohio-5259
Docket Number: 2011-0871
Justia Opinion Summary: Appellant Carlos Galloway filed requests for writs of mandamus and procedendo to compel Appellees, the county court of common pleas and its judge, to issue judgments in Appellant's criminal cases that complied with Ohio…
Date: October 18, 2011
Citation: 2011-Ohio-5258
Docket Number: 2011-0959
Date: October 14, 2011
Citation: 2011-Ohio-5410
Docket Number: 2011-1190
Date: October 14, 2011
Citation: 2011-Ohio-5333
Docket Number: 2011-1646
Justia Opinion Summary: Relators, Ohioans for Fair Districts and its members, petitioned the Supreme Court for a writ of mandamus to compel Respondent, Secretary of State Jon Husted, to treat Sections 1 and 2 of H.B. 319, which established new…
Date: October 13, 2011
Citation: 2011-Ohio-5204
Docket Number: 2010-1007
Justia Opinion Summary: After a jury trial, Appellant was found guilty of various crimes. The judgment entry of conviction did not set out whether the conviction was based upon a guilty or no-contest plea or upon a bench trial or jury trial.…
Date: October 13, 2011
Citation: 2011-Ohio-5198
Docket Number: 2011-0821
Date: October 13, 2011
Citation: 2011-Ohio-5163
Docket Number: 2011-1015
Date: October 12, 2011
Citation: 2011-Ohio-5200
Docket Number: 2010-2173
Date: October 5, 2011
Citation: 2011-Ohio-5075
Docket Numbers: 2011-0700, 20110700
Date: October 5, 2011
Citation: 2011-Ohio-5078
Docket Number: 20091763
Justia Opinion Summary: The owner of certain property improved with a hotel challenged a valuation of its property, seeking a reduction of true value. The School District filed a countercomplaint, seeking to retain the auditor's valuation. The…
Date: October 5, 2011
Citation: 2011-Ohio-5083
Docket Number: 20100857
Justia Opinion Summary: Appellee was injured by a falling tree located near, but outside, an easement maintained by Utility Company. Utility Company had hired Service Contractor to inspect trees along its power lines and to remedy any situation…
Date: October 4, 2011
Citation: 2011-Ohio-5026
Docket Numbers: 2010-0672, 20100672
Date: October 4, 2011
Citation: 2011-Ohio-5027
Docket Number: 20101535
Justia Opinion Summary: In 1970, while working for Employer, Employee was injured. In 1989, Employee retired. In 2008, Employee applied for permanent total disability (PTD) compensation. The Industrial Commission of Ohio concluded that Employee…
Date: October 4, 2011
Citation: 2011-Ohio-5028
Docket Number: 20092028
Justia Opinion Summary: A jury convicted Roland Davis of aggravated murder, murder, kidnapping, aggravated burglary, and aggravated robbery. Davis was sentenced to death. The trial court dismissed Davis's petition for postconviction relief, and…
Date: September 29, 2011
Citation: 2011-Ohio-4910
Docket Number: 20101405
Justia Opinion Summary: Appellant Cerena Mackey was employed by the Ohio Department of Education when she suffered an industrial injury. After she retired from the workforce, Mackey filed for permanent total disability (PTD) compensation. The…
Date: September 29, 2011
Citation: 2011-Ohio-4913
Docket Numbers: 2011-0697, 20110697
Date: September 29, 2011
Citation: 2011-Ohio-4914
Docket Number: 20101091
Justia Opinion Summary: Appellees, members of the Barbee family, were involved in an automobile accident. Appellant, Nationwide Mutual Insurance Company, insured the automobile. The policy contained a provision that required an action for…
Date: September 28, 2011
Citation: 2011-Ohio-4895
Docket Numbers: 2009-2058, 20092058
Date: September 28, 2011
Citation: 2011-Ohio-4896
Docket Numbers: 2011-0822, 20110822
Date: September 28, 2011
Citation: 2011-Ohio-4897
Docket Number: 20101836
Justia Opinion Summary: Appellant Greg Bell requested that County Risk Sharing Authority (CORSA), a joint self-insurance pool whose members included the majority of Ohio's counties, provide him with certain CORSA records pursuant to Ohio Rev.…
Date: September 28, 2011
Citation: 2011-Ohio-5130
Docket Numbers: 2011-1490, 20111490
Date: September 22, 2011
Citation: 2011-Ohio-4728
Docket Numbers: 2011-0676, 20110676
Date: September 22, 2011
Citation: 2011-Ohio-4729
Docket Numbers: 2011-0496, 20110496
Date: September 22, 2011
Citation: 2011-Ohio-4730
Docket Numbers: 2011-0379, 20110379
Date: September 22, 2011
Citation: 2011-Ohio-4731
Docket Numbers: 2011-0706, 20110706
Date: September 21, 2011
Citation: 2011-Ohio-4703
Docket Numbers: 2011-0283, 20110283
Date: September 21, 2011
Citation: 2011-Ohio-4704
Docket Numbers: 2011-0470, 20110470
Date: September 21, 2011
Citation: 2011-Ohio-4705
Docket Numbers: 2011-0570, 20110570
Date: September 21, 2011
Citation: 2011-Ohio-4706
Docket Numbers: 2010-0668, 20100668
Date: September 20, 2011
Citation: 2011-Ohio-4673
Docket Numbers: 2011-0131, 20110131
Date: September 20, 2011
Citation: 2011-Ohio-4674
Docket Number: 20100809
Justia Opinion Summary: Travis Carpenter, a Clinton Township police officer, was involved in a motor vehicle accident outside his own jurisdiction while responding to a general dispatch call for assistance from an officer in another…
Date: September 20, 2011
Citation: 2011-Ohio-4676
Docket Numbers: 2010-1654, 20101654
Date: September 20, 2011
Citation: 2011-Ohio-4677
Docket Number: 20102065
Justia Opinion Summary: Thomas Tindira was a member of Ohio Police and Fire Pension Fund (OP&F) while working as a police officer with Lakewood Police Department. Before he resigned from the department, Tindira filed his application for…
Date: September 15, 2011
Citation: 2011-Ohio-4606
Docket Number: 20100124
Justia Opinion Summary: Employee splashed bleach in her left eye while working for Employer. While Employee lost little vision as a result of the accident, Employee experienced other complications, including light sensitivity and reduced depth…
Date: September 15, 2011
Citation: 2011-Ohio-4607
Docket Numbers: 2011-0796, 20110796
Date: September 15, 2011
Citation: 2011-Ohio-4608
Docket Number: 20110825
Justia Opinion Summary: Corey Hazel filed a writ of habeas corpus to compel his release from prison. With his petition, Hazel filed an affidavit of indigency and sought waiver of prepayment of the court's filing fees. The court of appeals…
Date: September 15, 2011
Citation: 2011-Ohio-4609
Docket Number: 20101621
Justia Opinion Summary: After Employee was fired by Employer, Employee filed an action against Employer, claiming wrongful discharge in violation of public policy. Employee argued that he was fired because he had expressed concerns about the…
Date: September 15, 2011
Citation: 2011-Ohio-4623
Docket Number: 20111469
Justia Opinion Summary: Mike Gilb, who had been appointed to fulfill a second unexpired term on the Mason City Council, took out candidate petitions for the upcoming general election for city council. Relators, registered voters and city…
Date: September 14, 2011
Citation: 2011-Ohio-4554
Docket Numbers: 2011-0281, 20110281
Date: September 14, 2011
Citation: 2011-Ohio-4612
Docket Number: 20091806
Justia Opinion Summary: Plaintiffs, lakefront property owners and others, filed a complaint for declaratory judgment and mandamus against the Ohio Department of Natural Resources (ODNR) and the State, seeking declarations that owners of…
Date: September 9, 2011
Citation: 2011-Ohio-4550
Docket Number: 20111371
Justia Opinion Summary: On May 23, 2011, John Coble filed with the board of elections a nominating petition to run for municipal court judge at the November 8, 2011 election. On June 1, 2011, Coble withdrew his candidacy. On June 13, 2011,…
Date: September 9, 2011
Citation: 2011-Ohio-4551
Docket Numbers: 2011-1386, 20111386
Date: September 7, 2011
Citation: 2011-Ohio-4381
Docket Numbers: 2010-0253, 20100253
Date: September 7, 2011
Citation: 2011-Ohio-4398
Docket Number: 20101430
Justia Opinion Summary: Appellants, PNH Inc. and Ronald Creatore, filed an action against Alfa Laval Flow, Inc., which manufactures equipment for sanitary processing of food and beverages, for abuse of process and tortious interference with a…
Date: September 7, 2011
Citation: 2011-Ohio-4412
Docket Numbers: 2011-0694, 20110694
Date: September 7, 2011
Citation: 2011-Ohio-4432
Docket Number: 20100720
Justia Opinion Summary: This case arose because the settlement of a personal-injury suit brought by a recipient of workers' compensation benefits against a third-party tortfeasor did not make any provision to repay the statutory subrogee, the…
Date: September 7, 2011
Citation: 2011-Ohio-4485
Docket Number: 20111387
Justia Opinion Summary: The South Euclid City Council enacted an ordinance that amended the zoning for certain property. Relators, city residents, filed a referendum petition seeking submission of the ordinance to the city's electorate. The…
Date: September 1, 2011
Citation: 2011-Ohio-4216
Docket Numbers: 2011-0546, 20110546
Date: September 1, 2011
Citation: 2011-Ohio-4243
Docket Numbers: 2010-1898, 20101898
Date: September 1, 2011
Citation: 2011-Ohio-4245
Docket Numbers: 2011-0588, 20110588
Date: September 1, 2011
Citation: 2011-Ohio-4271
Docket Number: 20110564
Justia Opinion Summary: Richard Haig, a loan officer who was not an attorney, prepared pleadings that his customers filed in two foreclosure cases before the court of common pleas. Relator, the county bar association, charged that Haig…
Date: August 31, 2011
Citation: 2011-Ohio-4201
Docket Numbers: 2011-0353, 20110353
Date: August 31, 2011
Citation: 2011-Ohio-4202
Docket Numbers: 2011-0433, 20110433
Date: August 31, 2011
Citation: 2011-Ohio-4203
Docket Number: 20110520
Justia Opinion Summary: Michael Pruitt filed writs of mandamus and prohibition to compel Appellees, common pleas court judges, to vacate his convictions and sentence. Pruitt argued that the common pleas court erred in entering a sentence that…
Date: August 31, 2011
Citation: 2011-Ohio-4215
Docket Number: 20071741
Justia Opinion Summary: Edward Lang was convicted of the aggravated murder of two persons and aggravated robbery, with each count carrying gun specifications. Lang was sentenced to death for one murder and life with no possibility of parole for…
Date: August 31, 2011
Citation: 2011-Ohio-4397
Docket Number: 20111266
Justia Opinion Summary: The Liberty Township board of trustees approved a zoning amendment that rezoned three parcels of township land. Subsequently, a group of petitioners filed a referendum petition seeking to submit the board's action…
Date: August 30, 2011
Citation: 2011-Ohio-4188
Docket Numbers: 2011-0719, 20110719
Date: August 30, 2011
Citation: 2011-Ohio-4197
Docket Numbers: 2011-0531, 20110531
Date: August 30, 2011
Citation: 2011-Ohio-4198
Docket Numbers: 2011-0307, 20110307
Date: August 30, 2011
Citation: 2011-Ohio-4199
Docket Numbers: 2011-0339, 20110339
Date: August 30, 2011
Citation: 2011-Ohio-4200
Docket Number: 20101236
Justia Opinion Summary: Virginia King was injured in an automobile accident and was treated for her injuries at Toledo Hospital. Although King informed the hospital staff that she was covered by a health-insuring corporation, the hospital…
Date: August 25, 2011
Citation: 2011-Ohio-4185
Docket Numbers: 2010-2265, 20102265
Date: August 25, 2011
Citation: 2011-Ohio-4189
Docket Number: 20091064, 20091065, 20091067, 20091071, and 20091072
Justia Opinion Summary: Five companies entered into special contracts with the Toledo Edison Company for the sale of electricity. The Public Utilities Commission of Ohio (PUCO) established February 2008 as the termination date for the…
Date: August 24, 2011
Citation: 2011-Ohio-4129
Docket Number: 20101073
Justia Opinion Summary: American Electric Power operating companies (AEP) had been providing service to a pair of manufacturing customers at discounted rates. AEP had been keeping track of its delta revenue, the difference between what AEP…
Date: August 24, 2011
Citation: 2011-Ohio-4130
Docket Number: 20101448
Justia Opinion Summary: Christopher Barker pleaded guilty to five counts of unlawful sexual conduct with a minor. On appeal, Barker argued that the entry of his no-contest plea was not voluntary, intelligent, and knowing because the trial judge…
Date: August 24, 2011
Citation: 2011-Ohio-4131
Docket Number: 20070619
Justia Opinion Summary: The Industrial Commission of Ohio found that Angela Benedetti, Inc. (ABI) violated two newly added specific safety requirements that resulted in an injury to an ABI employee. ABI filed a complaint in mandamus in the…
Date: August 23, 2011
Citation: 2011-Ohio-4102
Docket Number: 20101431
Justia Opinion Summary: Insured submitted a claim to Insurer after his house was damaged by a storm. Insured returned the payment tendered to him by Insurer, deeming the amount insufficient to cover the damage to his home. Almost two years…
Date: August 23, 2011
Citation: 2011-Ohio-4111
Docket Number: 20090477
Justia Opinion Summary: After a jury trial, Thomas Dunlap was convicted of two counts of gross sexual imposition involving victims under the age of thirteen, in violation of Ohio Rev. Code 2907.05(A)(4), and one count of disseminating obscene…
Date: August 19, 2011
Citation: 2011-Ohio-4101
Docket Number: 20110622
Justia Opinion Summary: This case originated upon the filing of an original action pursuant to Section 3 of H.B. 1, 2011 Am.Sub. (the Act), which stated that the Supreme Court shall have original jurisdiction over any claim asserting that any…
Date: August 18, 2011
Citation: 2011-Ohio-4082
Docket Number: 20102223
Justia Opinion Summary: This appeal stemmed from a judgment denying a biological father's complaint for a writ of prohibition to prevent Appellees, the Clermont County Probate Court and its judge and magistrate, from proceeding on a…
Date: August 17, 2011
Citation: 2011-Ohio-4057
Docket Number: 20110478
Date: August 17, 2011
Citation: 2011-Ohio-4059
Docket Number: 20110749
Date: August 12, 2011
Citation: 2011-Ohio-4003
Docket Number: 20111344
Justia Opinion Summary: This case was an original action challenging the sufficiency of an initiative petition proposing a constitutional amendment, the purpose of which, as described in the petition, was "to preserve the freedom of Ohioans to…
Date: July 28, 2011
Citation: 2011-Ohio-3641
Docket Number: 20061366
Justia Opinion Summary: After a jury trial, Duane Short was found guilty of the aggravated murders of his wife and another man and was sentenced to death. On appeal, the Supreme Court affirmed Short's judgments of conviction and sentence of…
Date: July 28, 2011
Citation: 2011-Ohio-3642
Docket Number: 20092284
Date: July 13, 2011
Citation: 2011-Ohio-3374
Docket Number: 20090088
Justia Opinion Summary: George Williams pleaded guilty to sexual contact with a minor. Williams subsequently moved to be sentenced under the version of Ohio Rev. Code 2950 in effect at the time he committed the offense. The trial court denied…
Date: July 13, 2011
Citation: 2011-Ohio-3375
Docket Number: 20091735
Justia Opinion Summary: Larry Engel filed a medical-malpractice suit in the county court of common pleas against Dr. Marek Skoskiewicz, who practiced general surgery at a county hospital. Skoskiewicz asserted he was entitled to personal…
Date: July 12, 2011
Citation: 2011-Ohio-3361
Docket Number: 20100276
Justia Opinion Summary: After Michele Hobbs and Kelly Mullen decided to have a child together, Mullen became pregnant through in vitro fertilization procedure with donated sperm. Mullen executed a will in which she nominated Hobbs as the…
Date: July 12, 2011
Citation: 2011-Ohio-3362
Docket Number: 20100052
Justia Opinion Summary: This case involved a determination of the value of real property owned by Huntington National Bank. The County Board of Revision (BOR) determined the true value of the property to be $2,000,000, thereby reducing the…
Date: July 12, 2011
Citation: 2011-Ohio-3364
Docket Number: 20100810
Justia Opinion Summary: Gayle Sperry, her son, and her daughter-in-law owned and operated a winery at Sperry's residence. The property was in a residentially zoned district. A zoning inspector filed a complaint for preliminary and permanent…
Date: July 11, 2011
Citation: 2011-Ohio-3602
Docket Number: 20110813
Date: July 7, 2011
Citation: 2011-Ohio-3278
Docket Number: 20100924
Justia Opinion Summary: Joseph Starkey was injured while working for Builders FirstSource Ohio Valley. The Bureau of Workers' Compensation allowed Starkey's claim for, inter alia, a sprained hip and degenerative osteoarthritis of the left hip.…
Date: July 7, 2011
Citation: 2011-Ohio-3279
Docket Number: 20100963
Justia Opinion Summary: Appellee Timothy Rhodes mailed a public records request to the police department of the city of New Philadelphia requesting certain reel-to-reel tape recordings made by the police dispatch department. The department,…
Date: July 7, 2011
Citation: 2011-Ohio-3280
Docket Number: 20101027
Justia Opinion Summary: WCI Steel appealed a final assessment of its personal property valuation for tax purposes to the Board of Tax Appeals (BTA). The BTA dismissed WCI's appeal on the authority of Ohio Bell Tel. Co. v. Levin because its…
Date: July 6, 2011
Citation: 2011-Ohio-3176
Docket Number: 20101049 and 20101275
Justia Opinion Summary: Gulf Underwriters Insurance issued a general liability policy to United Foundries with an endorsement for employer's liability coverage, known as a stop-gap endorsement. David Ward filed a complaint against his employer,…
Date: July 6, 2011
Citation: 2011-Ohio-3177
Docket Number: 20101579
Justia Opinion Summary: Mortgage company Fifth Third filed a foreclosure action against a debtor. Judge Nancy Russo of the county court issued an order stating if the parties reached an agreement to notify the court. Subsequently, the parties…
Date: July 5, 2011
Citation: 2011-Ohio-3140
Docket Number: 20100439
Justia Opinion Summary: Appellant Aaron Rents, Inc. (ARI) challenged an order from the Ohio Bureau of Workers' Compensation that retroactively reclassified the jobs of certain ARI employees for purposes of workers' compensation premiums. ARI…
Date: July 5, 2011
Citation: 2011-Ohio-3141
Docket Number: 20100465
Justia Opinion Summary: Defendant Gary Adkins was convicted of a violation of operating a motor vehicle while under the influence of alcohol (OVI). The trial court found that pursuant to Ohio Rev. Code 4511.19(G)(1)(d) Adkins had been convicted…
Date: July 5, 2011
Citation: 2011-Ohio-3142
Docket Number: 20102270
Date: July 5, 2011
Citation: 2011-Ohio-3603
Docket Number: 20070319
Date: July 5, 2011
Citation: 2011-Ohio-3604
Docket Number: 20091534
Date: June 30, 2011
Citation: 2011-Ohio-3092
Docket Number: 20092057
Justia Opinion Summary: Property owner Riser Foods Company appealed a decision of the Board of Tax Appeals (BTA) in which the BTA determined the true value of Riser's real estate to be $450,000 for tax year 2005 rather than $73,700 as…
Date: June 30, 2011
Citation: 2011-Ohio-3093
Docket Number: 20110183
Justia Opinion Summary: Appellant Michael Patton sought a writ of mandamus directing Dusty Rhodes, the county auditor, to provide him with access to the county's financial reports for several years pursuant to Ohio Rev. Code Ann. 149.43, Ohio's…
Date: June 30, 2011
Citation: 2011-Ohio-3095
Docket Number: 20110300
Date: June 30, 2011
Citation: 2011-Ohio-3096
Docket Number: 20110308
Date: June 29, 2011
Citation: 2011-Ohio-3088
Docket Number: 20102067
Justia Opinion Summary: Appellant Cheryl Waiters was employed by the city of Cleveland. When the city discharged Waiters from employment, the union of which Waiters was a member filed a grievance and later demanded arbitration. The arbitrator…
Date: June 29, 2011
Citation: 2011-Ohio-3089
Docket Number: 20091755
Justia Opinion Summary: Appellant Juan Lackey, who drove trucks for Penske Truck Leasing Company, injured his knee at work. After surgery was performed, Lackey returned to work and filed retirement papers with Penske. Nothing in his retirement…
Date: June 29, 2011
Citation: 2011-Ohio-3090
Docket Number: 20110427
Date: June 29, 2011
Citation: 2011-Ohio-3091
Docket Number: 20110481
Date: June 23, 2011
Citation: 2011-Ohio-2902
Docket Number: 20101693
Date: June 23, 2011
Citation: 2011-Ohio-2907
Docket Number: 20101094
Justia Opinion Summary: The German Village Society (GVS) filed an application for exemption of real property. Pursuant to Ohio Rev. Code 5715.27(C), the school board became a party to the proceedings before the tax commission and to any appeal…
Date: June 23, 2011
Citation: 2011-Ohio-2939
Docket Number: 20101570
Justia Opinion Summary: During Greg Zeigler's tenure as Stark County treasurer, his chief deputy pleaded guilty to stealing almost $2.5 million from the treasurer's office, after which the county prosecutor instituted an recoupment action under…
Date: June 22, 2011
Citation: 2011-Ohio-2896
Docket Number: 20100985
Justia Opinion Summary: Appellant Ruby Pula, a resident of Hawaii, was the custodian of the child of Adrienne Pula-Branch, a resident of Ohio. On Pula's behalf, the Cuyahoga Support Enforcement Agency (CSEA) filed a petition for child support…
Date: June 22, 2011
Citation: 2011-Ohio-2897
Docket Number: 20101166
Justia Opinion Summary: After appellee Mary Williams was hired as a full-time residential social worker at appellant Bridgeway, Inc., a community mental health center, Bridgeway offered Williams a promotion. The promotion was conditioned on the…
Date: June 22, 2011
Citation: 2011-Ohio-2899
Docket Number: 20100180
Justia Opinion Summary: After it was granted temporary custody of C.B. in a dependency proceeding, the county department of children and family services sought to be awarded permanent custody of the child. The juvenile court denied the motion,…
Date: June 21, 2011
Citation: 2011-Ohio-2878
Docket Number: 20100433
Justia Opinion Summary: Appellant Raleigh Striker filed a pro se complaint in the court of appeals for a writ of mandamus to compel a clerk of the municipal court to provide access to requested court records. After the complaint was filed the…
Date: June 21, 2011
Citation: 2011-Ohio-2879
Docket Number: 20101951
Date: June 21, 2011
Citation: 2011-Ohio-2880
Docket Number: 20100819
Justia Opinion Summary: After being found guilty of domestic violence, appellant Mor Mbodji appealed, contending the trial court did not have jurisdiction because the domestic-violence complaint and affidavit filed by appellant's wife were not…
Date: June 21, 2011
Citation: 2011-Ohio-2881
Docket Number: 20102059
Justia Opinion Summary: Ohio State University entered into an agreement for construction-management services with Turner Construction Company for a construction project. Later, Ohio State selected Turner to serve as construction manager at risk…
Date: June 16, 2011
Citation: 2011-Ohio-2856
Docket Number: 20101325
Justia Opinion Summary: In June 2008, appellant Thomas Everette was convicted of aggravated murder, aggravated robbery, and grand theft of a motor vehicle. The next year Everette submitted a petition for postconviction relief on the grounds of…
Date: June 16, 2011
Citation: 2011-Ohio-2857
Docket Number: 20091869
Justia Opinion Summary: Appellant Luiz Paneto injured his left foot and ankle at work. After surgery, Paneto still used a cane to walk and had a limp. Paneto moved appellee Industrial Commission of Ohio for scheduled loss compensation, alleging…
Date: June 16, 2011
Citation: 2011-Ohio-2858
Docket Number: 20110137 and 20110138
Date: June 9, 2011
Citation: 2011-Ohio-2720
Docket Number: 20090880
Justia Opinion Summary: Sunoco, the owner and operator of several petroleum-refining facilities, purchased electric service from Toledo Edison. The contract between the two companies permitted arrangements that differed from the standard rate…
Date: June 9, 2011
Citation: 2011-Ohio-2721
Docket Number: 20100211
Justia Opinion Summary: Appellant Jamey Baker was struck in the right eye by a piece of metal while working for appellee. After the piece was removed and the laceration of the cornea was repaired, Baker underwent cataract surgery. Immediately…
Date: June 9, 2011
Citation: 2011-Ohio-2722
Docket Number: 20100251
Justia Opinion Summary: Appellee Lynn was indicted on one count of aggravated burglary. The indictment contained a clerical error naming the underlying offense as theft. During the trial the trial court denied the state's request to amend the…
Date: June 9, 2011
Citation: 2011-Ohio-2723
Docket Number: 20100670
Justia Opinion Summary: Appellee Sutton injured his back while on the job at Tomco. Sutton reported the injury to Tomco's president, after which Sutton was fired. Sutton filed suit against Tomco asserting a statutory claim for unlawful…
Date: June 8, 2011
Citation: 2011-Ohio-2669
Docket Number: 20100897
Justia Opinion Summary: Appellee Joseph Wilson was tried before a jury and found guilty on three counts of aggravated robbery, felonious assault, and kidnapping. Wilson appealed, arguing the three offenses for which he was convicted were allied…
Date: June 8, 2011
Citation: 2011-Ohio-2671
Docket Number: 20100240
Justia Opinion Summary: D.B. and another boy were under 13 years of age when they engaged in sexual activity. The juvenile court adjudicated D.B. delinquent for rape based on the violation of Ohio Rev. Code 2907.01(A)(1)(b), which prohibits one…
Date: June 8, 2011
Citation: 2011-Ohio-2673
Docket Number: 20101203
Justia Opinion Summary: Warren Lewis, a convicted misdemeanant, unsuccessfully sought a stay from the trial court and thereafter paid the fine and costs while on inactive probation that expired during the pendency of his appeal. At issue was…
Date: June 7, 2011
Citation: 2011-Ohio-2638
Docket Number: 20100729 and 20100730
Justia Opinion Summary: The Public Utilities Commission allowed two electric power operating companies to adjust their economic-development cost-recovery riders and recover additional revenues. Industrial Energy Users-Ohio (IEU) sought a…
Date: June 7, 2011
Citation: 2011-Ohio-2639
Docket Number: 20110260
Date: June 7, 2011
Citation: 2011-Ohio-2641
Docket Number: 20110174
Date: May 24, 2011
Citation: 2011-Ohio-2377
Docket Number: 20092060, 20100722, and 20100723
Justia Opinion Summary: The Ohio Public Utilities Commission (PUC) approved “reasonable arrangements” between American Electric Power Company (AEP) and two manufacturing firms, Ormet Primary Aluminum (Ormet) and Eramet Marietta, Inc. (Eramet).…
Date: May 24, 2011
Citation: 2011-Ohio-2378
Docket Number: 20100674
Justia Opinion Summary: Appellant Fairfield City Schools (Fairfield) sought reimbursement for a total disability compensation award given to one of its employees. Edward Carpenter, Jr. had hypertension since 1995. In 2002, he injured his back…
Date: May 24, 2011
Citation: 2011-Ohio-2383
Docket Number: 20101533
Justia Opinion Summary: The Ohio Public Utilities Commission approved a “program portfolio plan” proposed by Appellee American Electric Power (SEP). The plan contained a variety of programs designed to increase energy efficiency and reduce peak…
Date: May 19, 2011
Citation: 2011-Ohio-2316
Docket Number: 20100900
Justia Opinion Summary: This case came before the Supreme Court twice. The property owner challenged the Board of Tax Appeals' (BTA) use of a property’s sale price as an indicator of its value, arguing that it was an unreliable way to value…
Date: May 19, 2011
Citation: 2011-Ohio-2317
Docket Number: 20100992
Justia Opinion Summary: During the divorce proceedings of Jeffrey Kissinger and Beth Wilhelm-Kissinger, a dispute arose: Ms. Wilhelm-Kissinger allegedly illegally took privileged e-mail messages between Mr. Kissinger and his attorney from Mr.…
Date: May 19, 2011
Citation: 2011-Ohio-2318
Docket Number: 20101551
Justia Opinion Summary: The criminal prosecution of the Appellees in this case arose from conduct that allegedly occurred during the election recount of the November, 2004 presidential election. Appellee Jacqueline Maiden was the coordinator…
Date: May 18, 2011
Citation: 2011-Ohio-2266
Docket Number: 20100298
Justia Opinion Summary: Attorney Marie Wheeler and the law firm of Roderick Linton, LLP appealed a grant of summary judgment in favor of Appellee New Destiny Treatment Center. The Center sued Attorney Wheeler and her firm over representation of…
Date: May 18, 2011
Citation: 2011-Ohio-2267
Docket Number: 20100597
Justia Opinion Summary: Josephine Centorbi died intestate in 2007. At the time of her death, Ms. Centorbi received Medicaid benefits. Ms. Centorbi’s sister, Dianne Fiorille administered the estate, and acting without counsel, applied to relieve…
Date: May 18, 2011
Citation: 2011-Ohio-2268
Docket Number: 20100937
Justia Opinion Summary: In 2007, grand jury returned an indictment against Defendant Jeremy Damron that charged one count of felonious assault, two counts of domestic violence and one count of rape. In 2009, Defendant entered a guilty plea to…
Date: May 17, 2011
Citation: 2011-Ohio-2252
Docket Number: 20100943
Date: May 17, 2011
Citation: 2011-Ohio-2258
Docket Number: 20100389
Justia Opinion Summary: The state tax auditor assigned a $3.6 million value to an 80-room hotel for the tax year 2005. The owner, KDM and Associates, LLC (KDM) challenged the valuation with the Board of Revision in March 2006. KDM sought to…
Date: April 29, 2011
Citation: 2011-Ohio-2580
Docket Number: 20091100
Date: April 27, 2011
Citation: 2011-Ohio-1961
Docket Number: 20100508, 20100511
Justia Opinion Summary: Appellee John Reinhold is an appraiser. He performed appraisals on three properties in 2001 and 2002 that served as collateral for three separate mortgage loans made by Airline Union’s Mortgage Company (AUM). Appellee…
Date: April 26, 2011
Citation: 2011-Ohio-1913
Docket Number: 20102175
Date: April 26, 2011
Citation: 2011-Ohio-1914
Docket Number: 20110051
Date: April 26, 2011
Citation: 2011-Ohio-1915
Docket Number: 20102224
Date: April 20, 2011
Citation: 2011-Ohio-1817
Docket Number: 20100297
Justia Opinion Summary: Appellee Loudin appeals judgment from the lower court that found that her medical-malpractice claim could survive summary judgment. The Supreme Court affirms the appellate court's holding, and remands the case to the…
Date: April 20, 2011
Citation: 2011-Ohio-1818
Docket Number: 20092214 and 20100024
Justia Opinion Summary: In this appeal, the Supreme Court interpreted an exclusion in a homeowner's insurance policy that denied coverage for claims "arising out of" premises that are owned by the insured, but are not an insured location under…
Date: April 20, 2011
Citation: 2011-Ohio-1819
Docket Number: 20102169
Justia Opinion Summary: Disciplinary Counsel filed a complaint charging Respondent Kevin Hallquist with professional misconduct arising from his failure to reasonably communicate with two clients, his neglect of their legal matters, and his…
Date: April 19, 2011
Citation: 2011-Ohio-1785
Docket Number: 20082251
Justia Opinion Summary: Defendants-Appellants Dantae Chambliss, James Bennett and Travis Saunders were indicted on drug related offenses. Each defendant retained his own attorney, plead not guilty, and filed requests for discovery. After…
Date: April 19, 2011
Citation: 2011-Ohio-1788
Docket Number: 20092022
Justia Opinion Summary: In 2008, the Ohio General Assembly enacted Senate Bill 221, which substantially revised the regulation of electric service in Ohio. The cost of electric power generation increased significantly. Faced with a lack of…
Date: April 19, 2011
Citation: 2011-Ohio-1789
Docket Number: 20102266
Justia Opinion Summary: Appellants Jason and Christy Vaughn appeal the judgment against them from the Court of Appeals that dismissed their application for writ of habeas corpus to compel the biological father of their prospective adopted child…
Date: April 7, 2011
Citation: 2011-Ohio-1603
Docket Number: 20100218
Date: April 7, 2011
Citation: 2011-Ohio-1604
Docket Number: 20100611 and 20100858
Date: April 6, 2011
Citation: 2011-Ohio-1524
Docket Number: 20101646
Date: April 6, 2011
Citation: 2011-Ohio-1525
Docket Number: 20101150
Date: April 5, 2011
Citation: 2011-Ohio-1482
Docket Number: 20100564
Date: April 5, 2011
Citation: 2011-Ohio-1483
Docket Number: 20101479
Date: April 5, 2011
Citation: 2011-Ohio-1484
Docket Number: 20101601
Date: March 31, 2011
Citation: 2011-Ohio-1445
Docket Number: 20101903
Date: March 31, 2011
Citation: 2011-Ohio-1446
Docket Number: 20102126
Date: March 31, 2011
Citation: 2011-Ohio-1447
Docket Number: 20102144
Date: March 30, 2011
Citation: 2011-Ohio-1420
Docket Number: 20100114
Date: March 30, 2011
Citation: 2011-Ohio-1421
Docket Number: 20100951
Date: March 9, 2011
Citation: 2011-Ohio-958
Docket Number: 20092298
Date: February 24, 2011
Citation: 2011-Ohio-766
Docket Number: 20101828
Date: February 24, 2011
Citation: 2011-Ohio-767
Docket Number: 20101862
Date: February 24, 2011
Citation: 2011-Ohio-774
Docket Number: 20101863
Date: February 23, 2011
Citation: 2011-Ohio-759
Docket Number: 20101655
Date: February 23, 2011
Citation: 2011-Ohio-760
Docket Number: 20101792
Date: February 23, 2011
Citation: 2011-Ohio-761
Docket Number: 20102008
Date: February 23, 2011
Citation: 2011-Ohio-762
Docket Number: 20101840
Date: February 16, 2011
Citation: 2011-Ohio-625
Docket Number: 20100728
Date: February 16, 2011
Citation: 2011-Ohio-626
Docket Number: 20101401
Date: February 16, 2011
Citation: 2011-Ohio-627
Docket Number: 20101763
Date: February 15, 2011
Citation: 2011-Ohio-552
Docket Number: 20101702
Date: February 15, 2011
Citation: 2011-Ohio-553
Docket Number: 20101803
Date: February 10, 2011
Citation: 2011-Ohio-530
Docket Number: 20092193
Date: February 9, 2011
Citation: 2011-Ohio-527
Docket Number: 20101525
Date: February 9, 2011
Citation: 2011-Ohio-528
Docket Number: 20092359
Date: January 27, 2011
Citation: 2011-Ohio-234
Docket Number: 20101793
Date: January 27, 2011
Citation: 2011-Ohio-235
Docket Number: 20101216
Date: January 27, 2011
Citation: 2011-Ohio-236
Docket Number: 20101794
Date: January 26, 2011
Citation: 2011-Ohio-230
Docket Number: 20101549
Date: January 26, 2011
Citation: 2011-Ohio-231
Docket Number: 20101285
Date: January 26, 2011
Citation: 2011-Ohio-233
Docket Number: 20101569
Date: January 25, 2011
Citation: 2011-Ohio-226
Docket Number: 20101482
Date: January 25, 2011
Citation: 2011-Ohio-229
Docket Number: 20101157
Date: January 7, 2011
Citation: 2011-Ohio-35
Docket Number: 20102205
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