Supreme Court of Ohio Decisions 2013
Date: December 31, 2013
Citation: 2013-Ohio-5765
Docket Number: 2013-1755
Date: December 31, 2013
Citation: 2013-Ohio-5766
Docket Number: 2013-1790
Date: December 24, 2013
Citation: 2013-Ohio-5502
Docket Number: 2013-0226
Date: December 24, 2013
Citation: 2013-Ohio-5500
Docket Number: 2013-1292
Date: December 20, 2013
Citation: 2013-Ohio-5614
Docket Number: 2013-1171
Justia Opinion Summary: Judge Tracie Hunter of the Hamilton County Court of Common Pleas presided over the twelve cases against six juvenile defendants underlying this appeal. Judge Hunter issued entries revoking the Cincinnati Enquirer's…
Date: December 20, 2013
Citation: 2013-Ohio-5632
Docket Number: 2013-1668
Justia Opinion Summary: On October 11, 2013, the Ohio Department of Medicaid (Department) submitted an application to the Ohio Controlling Board (Board) for an increase in its appropriation authority from the accounts holding federal Medicaid…
Date: December 19, 2013
Citation: 2013-Ohio-5481
Docket Number: 2011-0818
Justia Opinion Summary: Defendant was convicted of aggravated murder and sentenced to life imprisonment in 1990. The court of appeals affirmed. In 2009, Defendant argued that a final, appealable order never issued because the trial court failed…
Date: December 19, 2013
Citation: 2013-Ohio-5480
Docket Number: 2013-0567
Date: December 18, 2013
Citation: 2013-Ohio-5478
Docket Number: 2012-0900
Justia Opinion Summary: The Power Siting Board issued a certificate to Black Fork Wind Energy, LLC to construct a proposed wind farm in Richland and Crawford counties. Appellants, who lived near or within the boundaries of the project area,…
Date: December 17, 2013
Citation: 2013-Ohio-5199
Docket Number: 2012-0462
Date: December 17, 2013
Citation: 2013-Ohio-5201
Docket Number: 2012-0497
Date: December 17, 2013
Citation: 2013-Ohio-5477
Docket Number: 2013-0636
Justia Opinion Summary: Mother obtained sole custody of Child in a judgment issued by the juvenile court in 2009. Mother subsequently moved to Arizona with Child and made Arizona their permanent home. In 2012, while Mother left Child…
Date: December 16, 2013
Citation: 2013-Ohio-5471
Docket Number: 2013-1743
Date: December 13, 2013
Citation: 2013-Ohio-5418
Docket Number: 2007-2381
Date: December 11, 2013
Citation: 2013-Ohio-5914
Docket Number: 13-AP-113
Date: December 6, 2013
Citation: 2013-Ohio-5916
Docket Number: 13-AP-118
Date: December 5, 2013
Citation: 2013-Ohio-5284
Docket Number: 2013-0593
Date: December 5, 2013
Citation: 2013-Ohio-5200
Docket Number: 2013-1346
Date: December 4, 2013
Citation: 2013-Ohio-5224
Docket Number: 2012-0623
Justia Opinion Summary: Appellee, the administrator of the estate of Karen Parrish, filed wrongful-death and survival action arising from the allegedly negligent care and death of Parrish. The case proceeded to a jury. At the close of…
Date: December 3, 2013
Citation: 2013-Ohio-5898
Docket Number: 13-AP-111
Date: December 3, 2013
Citation: 2013-Ohio-5187
Docket Number: 2013-0353
Justia Opinion Summary: In an earlier litigation, Kleem retained Julian Vanni and Vanni & Associates (collectively, Vanni) to appraise certain real property in dispute between the parties. The trial court entered judgment in favor of Kleem and…
Date: December 3, 2013
Citation: 2013-Ohio-5188
Docket Number: 2013-1268
Date: December 2, 2013
Citation: 2013-Ohio-5899
Docket Number: 13-AP-112
Date: November 27, 2013
Citation: 2013-Ohio-5160
Docket Number: 2011-0686
Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple counts of sexually-related crimes arising from incidents involving underage boys, including rape and gross sexual imposition. Defendant appealed, arguing, among…
Date: November 27, 2013
Citation: 2013-Ohio-5159
Docket Number: 2012-1017
Justia Opinion Summary: Employee was injured while working as a truck driver for Employer. Employee's claim was allowed for the injuries. The next year, Employee returned to work. Two days later, Employer terminated Employee for violating…
Date: November 22, 2013
Citation: 2013-Ohio-5762
Docket Number: 13-AP-110
Date: November 21, 2013
Citation: 2013-Ohio-5863
Docket Number: 13-AP-103
Date: November 21, 2013
Citation: 2013-Ohio-5087
Docket Number: 2013-0221
Date: November 21, 2013
Citation: 2013-Ohio-5041
Docket Number: 2013-0230
Date: November 20, 2013
Citation: 2013-Ohio-5042
Docket Number: 2012-1177
Justia Opinion Summary: Defendant was indicted on a single, third-degree-felony count of failure to comply with a order or signal of a police officer in violation of Ohio Rev. Code 2921.331(B) and (C)(5)(a)(ii). After a jury trial, the trial…
Date: November 20, 2013
Citation: 2013-Ohio-5014
Docket Numbers: 2012-1325, 2012-1441
Justia Opinion Summary: After a jury trial, Appellant was convicted of aggravated arson and arson. The trial court sentenced Appellant to ten years imprisonment for aggravated arson and five years for arson, to be served consecutively. The…
Date: November 20, 2013
Citation: 2013-Ohio-5062
Docket Number: 2013-0644
Justia Opinion Summary: Appellant was convicted of one count each of possession of heroin, trafficking in heroin, and conspiracy. After a series of motions seeking resentencing, Appellant filed a motion to vacate a nunc pro tunc order that had…
Date: November 20, 2013
Citation: 2013-Ohio-4956
Docket Number: 2013-1615
Date: November 19, 2013
Citation: 2013-Ohio-5000
Docket Number: 2012-0613
Justia Opinion Summary: The Mount Vernon City School District Board of Education terminated Appellant for insubordination for refusing to remove religious displays in his classroom and injecting his personal religious beliefs into his pattern…
Date: November 19, 2013
Citation: 2013-Ohio-4986
Docket Number: 2012-2105
Justia Opinion Summary: Appellants requested a tax refund from the City of Worthington in connection with municipal income tax they paid on stock-option income earned from 2005 through 2007, as reported on Form 1040, Schedule C of their federal…
Date: November 19, 2013
Citation: 2013-Ohio-4992
Docket Number: 2013-0231
Date: November 18, 2013
Citation: 2013-Ohio-5053
Docket Number: 2013-1635
Date: November 15, 2013
Citation: 2013-Ohio-5011
Docket Number: 2013-0195
Date: November 15, 2013
Citation: 2013-Ohio-5012
Docket Number: 2013-0279
Date: November 15, 2013
Citation: 2013-Ohio-5013
Docket Number: 2013-0309
Date: November 14, 2013
Citation: 2013-Ohio-4959
Docket Number: 2012-0032
Justia Opinion Summary: Appellant, who worked for Employer, filed a workers' compensation claim that was allowed for hypersensitivity pneumonitis and hypersensitivity-induced reactive upper-airway disease. Claimant returned to work, but after…
Date: November 14, 2013
Citation: 2013-Ohio-4982
Docket Number: 2012-1070
Justia Opinion Summary: Defendant was convicted of failure to comply with a police officer and obstruction of official business. The trial court imposed separate sentences for the two offenses. Defendant appealed, arguing that the offenses…
Date: November 14, 2013
Citation: 2013-Ohio-4977
Docket Number: 2013-0458
Date: November 12, 2013
Citation: 2013-Ohio-4937
Docket Number: 2013-1597
Date: November 7, 2013
Citation: 2013-Ohio-4769
Docket Number: 2012-0413
Justia Opinion Summary: Plaintiffs purchased a 33,000-square-foot residential lot in 1974 that was adjacent to another lot owned by Plaintiffs upon which they had built their residence. In 2004, the village of Ottowa Hills denied Plaintiffs'…
Date: November 7, 2013
Citation: 2013-Ohio-4772
Docket Number: 2013-0816
Date: November 6, 2013
Citation: 2013-Ohio-4767
Docket Number: 2013-0274
Justia Opinion Summary: After the person elected in 2012 to the office of County Sheriff could not assume the office for health reasons, County Commissioners appointed Relator as acting Sheriff until someone could be appointed to occupy the…
Date: November 6, 2013
Citation: 2013-Ohio-4765
Docket Number: 2013-0562
Justia Opinion Summary: As part of a negotiated agreement, Appellant pled guilty to robbery and was sentenced to six years' imprisonment. The sentencing court issued two nunc pro tunc orders to correct an error in the original sentencing entry.…
Date: November 5, 2013
Citation: 2013-Ohio-4733
Docket Number: 2012-0535
Justia Opinion Summary: Michael Cullen sued State Farm Mutual Automobile Insurance Company requesting class certification and a declaratory judgment that State Farm failed to disclose all benefits available to policyholders who made claims for…
Date: November 5, 2013
Citation: 2013-Ohio-4732
Docket Number: 2012-1905
Justia Opinion Summary: This appeal involved two separate actions that were consolidated. In the first action, a married couple raised allegations of fraud and other claims against Residential Finance Corporation (RFC), which had brokered two…
Date: November 4, 2013
Citation: 2013-Ohio-5763
Docket Number: 13-AP-099
Date: October 31, 2013
Citation: 2013-Ohio-4735
Docket Numbers: 2004-1797, 2013-0236
Date: October 31, 2013
Citation: 2013-Ohio-4748
Docket Number: 2012-0314
Date: October 31, 2013
Citation: 2013-Ohio-4785
Docket Number: 2013-1579
Date: October 30, 2013
Citation: 2013-Ohio-4731
Docket Number: 2012-0215
Justia Opinion Summary: Ramona Whitley and Debra Jones, teachers at a preschool day care, questioned three-year-old L.P. about an eye injury and marks on his face upon his arrival at the preschool. Whitley reported suspected child abuse after…
Date: October 30, 2013
Citation: 2013-Ohio-4734
Docket Number: 2013-0341
Justia Opinion Summary: Petitioner pled guilty to various drug and weapons offenses and was sentenced to five years' imprisonment. On February 17, the trial court issued an order granting 1,530 days of jail-time credit. On February 18, however,…
Date: October 29, 2013
Citation: 2013-Ohio-4721
Docket Number: 2012-0027
Justia Opinion Summary: Appellant purchased telephone and other telecommunications services from (intervening) Appellee at wholesale rates and resold the services to end-user consumers at retail rates. Appellant filed a complaint with the…
Date: October 29, 2013
Citation: 2013-Ohio-4725
Docket Number: 2012-1509
Justia Opinion Summary: Five income tax assessments were levied against Appellant for the tax years 2003-2007 for Appellant's failure to file returns. Appellant filed reassessment petitions, which the tax commissioner denied. The Board of Tax…
Date: October 29, 2013
Citation: 2013-Ohio-4718
Docket Number: 2013-1423
Date: October 24, 2013
Citation: 2013-Ohio-4656
Docket Number: 2012-0797
Justia Opinion Summary: As a result of a surgery to remove a cyst at the lowest part of his spinal cord, Plaintiff permanently lost bladder, bowel, and sexual function. Plaintiff and his wife filed this action against Defendant, a neurosurgeon…
Date: October 24, 2013
Citation: 2013-Ohio-4655
Docket Number: 2012-1193
Date: October 24, 2013
Citation: 2013-Ohio-4627
Docket Number: 2012-1476
Justia Opinion Summary: A trust filed a valuation complaint seeking a reduction of a county auditor's valuation of a self-storage facility for the tax year 2008. The Groveport Madison Local Schools Board of Education (BOE) filed a…
Date: October 23, 2013
Citation: 2013-Ohio-4575
Docket Number: 2009-0739
Justia Opinion Summary: Defendant was convicted of two counts each of aggravated murder, attempted murder, and aggravated robbery. The trial court imposed capital punishment for aggravated murder an an aggregate term of twenty-six years'…
Date: October 23, 2013
Citation: 2013-Ohio-4585
Docket Number: 2012-0692
Date: October 23, 2013
Citation: 2013-Ohio-4654
Docket Number: 2012-1378
Justia Opinion Summary: A public employer (Employer) and an employee organization representing the Employer's employees (Union) operated pursuant to a collective bargaining agreement. After the Union began negotiations for a successor contract,…
Date: October 23, 2013
Citation: 2013-Ohio-4586
Docket Number: 2013-0402
Date: October 23, 2013
Citation: 2013-Ohio-4573
Docket Number: 2013-0427
Date: October 23, 2013
Citation: 2013-Ohio-4574
Docket Number: 2013-0438
Date: October 22, 2013
Citation: 2013-Ohio-4580
Docket Number: 2007-2288
Justia Opinion Summary: After a jury trial, Appellant was convicted of aggravated murder and sentenced to death. The Supreme Court vacated the death sentence and remanded for resentencing. On remand, the trial court again sentenced Appellant to…
Date: October 22, 2013
Citation: 2013-Ohio-4582
Docket Numbers: 2012-0808, 2012-1216
Justia Opinion Summary: Between 1987 and 2007, Appellant was convicted six times for different offenses. In 2007, the Governor granted a pardon for four of those convictions. Appellant subsequently sought to seal the records of three of the…
Date: October 22, 2013
Citation: 2013-Ohio-4584
Docket Number: 2012-1874
Justia Opinion Summary: Respondent, a candidate for county probate judge, was found to have violated former Jud. Cond. R. 4.4(E) for having received campaign contributions from judicial fundraising events during the judicial campaign that…
Date: October 22, 2013
Citation: 2013-Ohio-4581
Docket Number: 2013-0111
Date: October 18, 2013
Citation: 2013-Ohio-4616
Docket Number: 2013-1533
Justia Opinion Summary: Darrita Davis, a qualified elector in Summit County and a resident of Akron Ward 10, submitted a nominating petition on July 2, 2013 to run as an independent candidate in the November 5, 2013 general election to…
Date: October 17, 2013
Citation: 2013-Ohio-4544
Docket Number: 2012-0941
Justia Opinion Summary: A manufacturer or alcoholic beverages (InBev) sold all of its rights relating to a particular brand of alcoholic beverage to a successor manufacturer (Labatt Operating). Under the Ohio Alcoholic Beverages Franchise Act,…
Date: October 17, 2013
Citation: 2013-Ohio-4545
Docket Number: 2012-0954
Justia Opinion Summary: At issue in this case was Ohio Rev. Code 9.86, which provides immunity to state employees unless the employee acts manifestly outside the scope of employment, with malicious purpose, or in bad faith. Michael McNew…
Date: October 17, 2013
Citation: 2013-Ohio-4550
Docket Number: 2012-1163
Justia Opinion Summary: Billy Black was employed as a press operator for Park Ohio Industries, Inc. when he injured his back. Black subsequently retired, after which he did not pursue vocational training or seek other employment. Several years…
Date: October 17, 2013
Citation: 2013-Ohio-4566
Docket Number: 2012-2070
Date: October 16, 2013
Citation: 2013-Ohio-4538
Docket Number: 2012-1109
Justia Opinion Summary: Appellant injured his knee while working and was awarded temporary total disability (TTD) compensation. Several years later, Appellant retired. The next year, Appellant underwent knee surgery and again filed for TTD…
Date: October 16, 2013
Citation: 2013-Ohio-4541
Docket Number: 2012-1150
Justia Opinion Summary: After sustaining injuries while sledding in the City of Circleville's park, Jeremy Pauley and his mother filed a civil action against the City, alleging that the City acted negligently, recklessly, and wantonly in…
Date: October 16, 2013
Citation: 2013-Ohio-4529
Docket Number: 2012-1235
Justia Opinion Summary: Wife was granted a domestic-violence civil protection order (CPO) against Husband. The trial court later dismissed the case and dissolved the CPO. Thereafter, Husband filed an application to expunge and seal the record…
Date: October 16, 2013
Citation: 2013-Ohio-4543
Docket Number: 2012-1432
Justia Opinion Summary: East Bank Condominiums II, LLC began construction of a condominium complex in 2006. By the time the county auditor assessed the value of the condominium units in 2008, twenty-one units remained unsold and unfinished. The…
Date: October 16, 2013
Citation: 2013-Ohio-4542
Docket Numbers: 2012-1674, 2012-1898
Justia Opinion Summary: Jeffrey Morrow and Sherri Becker had two children. Morrow was ordered to pay $2,198 in child support per month. Morrow later moved to modify his child support payment. A magistrate determined that Morrow would owe $2,085…
Date: October 16, 2013
Citation: 2013-Ohio-4539
Docket Number: 2012-1719
Date: October 15, 2013
Citation: 2013-Ohio-4514
Docket Number: 2011-1663
Date: October 15, 2013
Citation: 2013-Ohio-4530
Docket Number: 2012-1307
Justia Opinion Summary: Plaintiffs in this case were 100 current or former residents or owners of homes on State Road in Parma who sought damages caused by the continual flow of gasoline from a gas station's infrastructure into a sanitary sewer…
Date: October 15, 2013
Citation: 2013-Ohio-4518
Docket Numbers: 2013-0163, 2013-0164
Justia Opinion Summary: Edward Verhovec filed a public-records mandamus action against the City of Marietta after the City failed to respond to Edward's public-records request. After the City provided Edward with the requested records, the…
Date: October 10, 2013
Citation: 2013-Ohio-4489
Docket Number: 2013-1464
Justia Opinion Summary: Cincinnati for Pension Reform (CPR) qualified an initiative to amend the Cincinnati City Charter for the November 5, 2013 ballot. Because CPR objected to the ballot language adopted by the Hamilton County Board of…
Date: October 10, 2013
Citation: 2013-Ohio-4490
Docket Number: 2013-1473
Justia Opinion Summary: Relator sought a writ of prohibition to prohibit the Mahoning County Board of Elections from placing the name of Demaine Kitchen, an independent candidate for mayor of Youngstown, on the November 5, 2013 general election…
Date: October 2, 2013
Citation: 2013-Ohio-4355
Docket Number: 2005-1156
Date: September 26, 2013
Citation: 2013-Ohio-4467
Docket Number: 13-AP-083
Date: September 26, 2013
Citation: 2013-Ohio-4070
Docket Number: 2011-1828
Justia Opinion Summary: Appellant filed a complaint and amended complaint against the Ohio Edison Company, a public utility, alleging that Ohio Edison had unlawfully removed the electric meter from his property and disconnected his electric…
Date: September 26, 2013
Citation: 2013-Ohio-4026
Docket Number: 2012-1698
Date: September 24, 2013
Citation: 2013-Ohio-4068
Docket Number: 2012-1260
Justia Opinion Summary: In 2003, Kyle Smith's parents sued Dr. Gary Huber and Qualified Emergency Specialists, Inc. for malpractice after Kyle sustained serious and permanent injuries from an epidural hematoma that Hubert failed to diagnose.…
Date: September 24, 2013
Citation: 2013-Ohio-4006
Docket Number: 2012-2072
Date: September 23, 2013
Citation: 2013-Ohio-4081
Docket Number: 2013-1253
Date: September 19, 2013
Citation: 2013-Ohio-4010
Docket Number: 2012-0819
Justia Opinion Summary: Appellee was charged with a traffic offense, possession of drugs of abuse, and possession of drug paraphernalia. The drug charges were later dismissed. After Appellee applied to seal the records pertaining to the drug…
Date: September 19, 2013
Citation: 2013-Ohio-4008
Docket Number: 2012-1242
Justia Opinion Summary: Defendant was charged with violating Ohio Rev. Code 4301.69(A), which prohibits the sale of beer to an underage person. At Defendant's trial, the State had difficulty proving what Defendant sold to an informant was beer…
Date: September 18, 2013
Citation: 2013-Ohio-4007
Docket Number: 2011-0799
Justia Opinion Summary: Dean Sziraki was seriously injured in the course of his employment and spent the next sixteen years as a quadriplegic. After Sziraki died in 2007, his estate filed a claim for death benefits. The Bureau of Workers'…
Date: September 18, 2013
Citation: 2013-Ohio-3998
Docket Number: 2012-1713
Date: September 11, 2013
Citation: 2013-Ohio-4468
Docket Number: 13-AP-087
Date: September 9, 2013
Citation: 2013-Ohio-3867
Docket Number: 2013-1264
Justia Opinion Summary: On May 6, 2013, one day before the primary, Coughlin filed a nominating petition as a candidate the office of clerk of courts for the Stow Municipal Court in the November general election. Coughlin is a qualified elector…
Date: September 9, 2013
Citation: 2013-Ohio-3862
Docket Number: 2013-1312
Justia Opinion Summary: On January 31, 2013, Yeager submitted a declaration of candidacy to the Richland County Board of Elections, to seek the Republican Party nomination to represent the 5th Ward in the Mansfield City Council. His petitions…
Date: September 5, 2013
Citation: 2013-Ohio-4253
Docket Number: 13-AP-075
Date: September 5, 2013
Citation: 2013-Ohio-3712
Docket Number: 2011-1912
Justia Opinion Summary: Harper, a known drug dealer, was robbed and murdered in his Sandusky residence. Police learned that immediately before his murder, Harper was to have participated in a drug deal. Cellphone records led them to Gipson, who…
Date: September 4, 2013
Citation: 2013-Ohio-3706
Docket Number: 2012-2073
Justia Opinion Summary: Canton attorney Oberholtzer, admitted to the bar in 1989, was charged with client neglect in two family-law matters in violation of Prof.Cond.R. 1.3, 1.4(a)(3), 1.15(c), 8.4(d), and 8.4(h). Oberholtzer was nonresponsive…
Date: September 4, 2013
Citation: 2013-Ohio-3688
Docket Number: 2012-2074
Justia Opinion Summary: Snyder, admitted to the bar in 1996, allegedly committed 18 violations of the Rules of Professional Conduct, including charging excessive and nonrefundable fees. Snyder operated SPLS, a foreclosure-defense firm with…
Date: September 4, 2013
Citation: 2013-Ohio-3719
Docket Number: 2013-0087
Justia Opinion Summary: In 2006, a jury convicted Appenzeller on18 felony counts. The trial court sentenced him to an aggregate term of 28 years in prison. The appeals court affirmed in part and remanded for merging of certain offenses and…
Date: September 4, 2013
Citation: 2013-Ohio-3689
Docket Number: 2013-0441
Justia Opinion Summary: Lowe sought, by writ of procedendo, to compel Judge Callahan, to issue a ruling on his motion in arrest of judgment, alleging that he filed his motion on August 10, 2012, and that Judge Callahan has not ruled on it. The…
Date: September 3, 2013
Citation: 2013-Ohio-3724
Docket Number: 2012-0651
Justia Opinion Summary: In 2006, Dzelajlija was convicted of robbery, R.C. 2911.02. The court of appeals granted a new trial, finding that the trial court had admitted inadmissible and prejudicial evidence. In 2008, Dzelajlija was again found…
Date: September 3, 2013
Citation: 2013-Ohio-3704
Docket Number: 2012-1715
Justia Opinion Summary: Taubman, admitted to the Ohio bar in 1976, admitted to professional misconduct for negligently withdrawing settlement proceeds held in a client guardianship account for his personal use in violation of Prof.Cond.R.…
Date: September 3, 2013
Citation: 2013-Ohio-3720
Docket Number: 2012-2132
Justia Opinion Summary: Miller filed a mandamus action, alleging that he sent a public-records request to the Ohio State Highway Patrol on September 9, 2011, seeking records relating to traffic incidents involving a particular trooper. The…
Date: August 30, 2013
Citation: 2013-Ohio-3745
Docket Number: 2013-0938
Date: August 29, 2013
Citation: 2013-Ohio-3705
Docket Number: 2011-1758
Justia Opinion Summary: Appellant, a public utility (Utility), provided natural gas to intervening Appellee, an apartment complex. In 2008, Utility informed Appellee that it would disconnect gas service to the entire complex if Appellee did not…
Date: August 29, 2013
Citation: 2013-Ohio-3686
Docket Number: 2011-1902
Justia Opinion Summary: Terry Sigler was employed by the Lubrizol Corporation when he was injured. A staff hearing officer with the Industrial Commission awarded Sigler permanent-total-disability compensation. Lubrizol filed a motion for…
Date: August 28, 2013
Citation: 2013-Ohio-3681
Docket Number: 2012-2049
Date: August 28, 2013
Citation: 2013-Ohio-3662
Docket Number: 2012-2060
Date: August 14, 2013
Citation: 2013-Ohio-4244
Docket Number: 13-AP-073
Date: August 13, 2013
Citation: 2013-Ohio-3475
Docket Number: 2013-1101
Date: August 12, 2013
Citation: 2013-Ohio-4232
Docket Number: 13-AP-068
Date: July 25, 2013
Citation: 2013-Ohio-3121
Docket Number: 2012-0717
Justia Opinion Summary: Appellant was employed by Employer until December 2009. In 2009, Appellant authorized Employer to deposit $900 of her monthly earnings into a flexible-spending account for tax-free reimbursement of medical expenses.…
Date: July 25, 2013
Citation: 2013-Ohio-3171
Docket Number: 2013-0331
Justia Opinion Summary: After a jury trial, Defendant was convicted of eleven counts of rape and one count of attempted rape. During Defendant's trial, the acting administrative judge granted the State's motion to depose a witness on videotape.…
Date: July 23, 2013
Citation: 2013-Ohio-3126
Docket Number: 2012-0780
Justia Opinion Summary: Appellant was subject to an increased personal-property tax assessment. The tax commissioner subsequently issued final-assessment certificates, which included instructions for appealing the assessment. Instead of…
Date: July 22, 2013
Citation: 2013-Ohio-3169
Docket Number: 1995-31357
Date: July 18, 2013
Citation: 2013-Ohio-3107
Docket Number: 2012-0438
Justia Opinion Summary: Danielle Laurence sued Stephen Stillwagon and Ace Doran seeking damages for personal injuries she suffered in an automobile accident. In discovery, Laurence produced her medical records. Laurence subsequently dismissed…
Date: July 18, 2013
Citation: 2013-Ohio-3118
Docket Number: 2012-1709
Date: July 17, 2013
Citation: 2013-Ohio-3020
Docket Numbers: 2011-1050, 2011-1327
Justia Opinion Summary: Appellee, who worked for the City of North Ridgeville, was assaulted and raped by a co-worker while at work. Appellee filed this action against the City for, among other causes of action, intentional, willful, and wanton…
Date: July 17, 2013
Citation: 2013-Ohio-3093
Docket Numbers: 2012-0302, 2012-0408
Justia Opinion Summary: Defendant pleaded guilty to fifth-degree-felony theft of property valued at $500 or more but less than $5,000 for misappropriating intellectual property from his employer (Employer). As part of his sentence, the trial…
Date: July 17, 2013
Citation: 2013-Ohio-3077
Docket Number: 2012-1648
Justia Opinion Summary: Ten valuation complaints were filed by a salaried employee on behalf of a corporate entity as the property owner. In each case, the county board of revision (BOR) ordered a decrease in value. The school board argued…
Date: July 16, 2013
Citation: 2013-Ohio-3019
Docket Number: 2012-0169
Justia Opinion Summary: In 2005, a limited liability company and its owners (plaintiffs), on behalf of other similarly situated telephone customers, filed a complaint seeking to certify a class action lawsuit against United Telephone Company of…
Date: July 16, 2013
Citation: 2013-Ohio-3028
Docket Number: 2012-0883
Justia Opinion Summary: In 2006, Taxpayers acquired a two-story building pursuant to a contract by which they acquired a business on the first floor of the building. Thus, the asset purchase included personal property consisting of restaurant…
Date: July 12, 2013
Citation: 2013-Ohio-2991
Docket Number: 2011-2046
Date: July 3, 2013
Citation: 2013-Ohio-3488
Docket Numbers: 13-AP-055, 13-AP-056
Date: July 1, 2013
Citation: 2013-Ohio-2937
Docket Number: 2013-0812
Date: July 1, 2013
Citation: 2013-Ohio-2936
Docket Number: 2013-0896
Date: June 28, 2013
Citation: 2013-Ohio-3489
Docket Number: 13-AP-048
Date: June 25, 2013
Citation: 2013-Ohio-2625
Docket Number: 2012-1181
Date: June 18, 2013
Citation: 2013-Ohio-2445
Docket Number: 2011-1922
Justia Opinion Summary: Appellant was employed as a laborer by County Saw & Knife. Appellant successfully sought workers' compensation after he developed respiratory problems from his exposure to metal dust. One year later, Appellant applied…
Date: June 18, 2013
Citation: 2013-Ohio-2470
Docket Numbers: 2011-2075, 2011-2178
Justia Opinion Summary: After a jury trial, Defendant, a police officer, was convicted of abduction and intimidation, each with an accompanying firearm specification. On appeal, the court of appeals partially reversed and remanded for a new…
Date: June 18, 2013
Citation: 2013-Ohio-2444
Docket Number: 2013-0275
Justia Opinion Summary: In 1979, Appellant pled guilty to felonies and was sentenced to four to twenty-five years. In 1980, Appellant was paroled. In 1982, Appellant pled guilty to several more felonies and was sentenced to five to twenty-five…
Date: June 17, 2013
Citation: 2013-Ohio-3643
Docket Number: 13-AP-035
Date: June 17, 2013
Citation: 2013-Ohio-2626
Docket Number: 13-AP-042
Date: June 13, 2013
Citation: 2013-Ohio-2415
Docket Number: 2012-2055
Date: June 12, 2013
Citation: 2013-Ohio-2409
Docket Numbers: 2012-0415, 2012-0416
Justia Opinion Summary: Appellee was indicted on drug-related charges. The trial court granted Appellee's motion to suppress the evidence obtained during a search, finding the search violated the Fourth Amendment. A three-judge panel of the…
Date: June 12, 2013
Citation: 2013-Ohio-2410
Docket Number: 2012-0790
Justia Opinion Summary: Appellant was a political subdivision for purposes of the governmental-immunity provisions of Ohio Rev. Code 2744. Appellee sued Appellant, asserting several claims. Appellant filed a motion for partial summary judgment,…
Date: June 11, 2013
Citation: 2013-Ohio-2406
Docket Number: 2011-0972
Justia Opinion Summary: Employee was injured while in the course and scope of his employment. Employee's industrial claim was allowed for certain injuries. Fourteen years later, Employee successfully requested compensation for the total loss of…
Date: June 11, 2013
Citation: 2013-Ohio-2405
Docket Number: 2012-0216
Justia Opinion Summary: After a jury trial, Defendant was found guilty of sixty-eight counts, including one first-degree-felony count of engaging in a pattern of corrupt activity in violation of Ohio's Racketeer-Influenced and Corrupt…
Date: June 4, 2013
Citation: 2013-Ohio-2237
Docket Number: 2012-0244
Justia Opinion Summary: Employee was involved in a motor-vehilce accident while operating a one-ton dump truck within the course of his employment by Employer. Employee applied for and received benefits for his physical injuries. Employee…
Date: June 3, 2013
Citation: 2013-Ohio-2263
Docket Number: 2013-0666
Date: May 31, 2013
Citation: 2013-Ohio-2717
Docket Number: 13-AP-044
Date: May 30, 2013
Citation: 2013-Ohio-2163
Docket Number: 2012-0565
Justia Opinion Summary: Defendant pled no contest to domestic violence. Defendant was later indicted on three counts of felony abduction and one count of domestic violence stemming from the same incident. Defendant pleaded guilty to one count…
Date: May 29, 2013
Citation: 2013-Ohio-2114
Docket Number: 2012-0338
Justia Opinion Summary: Appellants were five upper-level employees of the Ohio Department of Natural Resource's Division of Wildlife (DOW). The Ohio inspector general (OIG) asked a deputy inspector to investigate alleged misconduct of a DOW…
Date: May 28, 2013
Citation: 2013-Ohio-2083
Docket Number: 2012-0578
Justia Opinion Summary: After Countrywide Home Loans Servicing filed a complaint in foreclosure against Appellants, the trial court granted default judgment in favor of Countrywide, and the property was sold at a sheriff's sale. Countrywide…
Date: May 21, 2013
Citation: 2013-Ohio-1957
Docket Number: 2012-0058
Justia Opinion Summary: Maria Marusa was driving her car when it was struck by a police cruiser driven by a police officer (Officer). Marusa and her daughter (collectively, Appellants) were injured in the accident. Appellants filed suit against…
Date: May 16, 2013
Citation: 2013-Ohio-1912
Docket Number: 2012-2056
Date: May 15, 2013
Citation: 2013-Ohio-1956
Docket Number: 2012-0628
Justia Opinion Summary: Defendant was arrested and charged with operating a motor vehicle while under the influence of alcohol, speeding, and failing to reinstate his driver's license. Rather than participate in discovery pursuant to Ohio R.…
Date: May 15, 2013
Citation: 2013-Ohio-1911
Docket Number: 2012-2161
Justia Opinion Summary: Appellant filed a complaint for a writ of mandamus and/or procedendo seeking to compel Appellee, the county court of common pleas, to issue a sentencing opinion in his criminal case that complied with a statute requiring…
Date: May 14, 2013
Citation: 2013-Ohio-1933
Docket Number: 2011-0908
Justia Opinion Summary: Defendant in the underlying action was a "mortgage servicer" that engaged in the business of serving residential mortgages of individuals. Plaintiff in the underlying proceeding contended that mortgage servicing is a…
Date: May 14, 2013
Citation: 2013-Ohio-1931
Docket Number: 2011-1990
Justia Opinion Summary: In 1990, Employee was working for Employer when she injured her left ankle. By 2009, Employee had multiple surgeries and was taking approximately fourteen medications. That same year, a Dr. Randolph concluded Employee…
Date: May 13, 2013
Citation: 2013-Ohio-2726
Docket Number: 13-AP-027
Date: May 2, 2013
Citation: 2013-Ohio-1764
Docket Number: 2011-0778
Justia Opinion Summary: In 1990, Defendant was found guilty of two counts of aggravated murder and sentenced to death. The court of appeals and Supreme Court affirmed the convictions and sentences. In his first postconviction application,…
Date: May 2, 2013
Citation: 2013-Ohio-1777
Docket Number: 2012-0251
Justia Opinion Summary: Relators in this case were instructors who were hired to instruct students in the Jefferson County's virtual learning academy (VLA), a cyber school for grades K-12. In 2008, the State Teachers Retirement Board of Ohio…
Date: May 2, 2013
Citation: 2013-Ohio-1762
Docket Number: 2012-1464
Justia Opinion Summary: Defendant was found guilty of several felonies and sentenced to an aggregate total of ten years in prison. The court of appeals affirmed. Defendant subsequently filed a motion to terminate postrelease control. When no…
Date: May 2, 2013
Citation: 2013-Ohio-1747
Docket Number: 2012-1711
Date: May 1, 2013
Citation: 2013-Ohio-1722
Docket Number: 2012-0471
Justia Opinion Summary: At the end of his jury trial for attempted murder, Defendant requested an instruction on the lesser included offenses of assault and aggravated assault but opposed the state's request for an instruction on felonious…
Date: May 1, 2013
Citation: 2013-Ohio-1743
Docket Number: 2013-0224
Date: April 30, 2013
Citation: 2013-Ohio-1702
Docket Number: 2011-1572
Justia Opinion Summary: Appellant was injured during the course and scope of his employment. Appellant filed a motion for temporary total disability compensation, which a hearing officer granted. The Industrial Commission later terminated…
Date: April 30, 2013
Citation: 2013-Ohio-1686
Docket Number: 2011-2028
Date: April 30, 2013
Citation: 2013-Ohio-1698
Docket Number: 2012-0239
Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated burglary, violating a protection order, and resisting arrest. Defendant appealed, arguing that there was insufficient evidence to establish that at the time of…
Date: April 30, 2013
Citation: 2013-Ohio-1719
Docket Number: 2012-1882
Justia Opinion Summary: Pursuant to a plea agreement, Appellant pled guilty to rape of a child under thirteen, gross sexual imposition on a child under thirteen, and two counts of pandering obscenity involving a minor. Appellant was sentenced…
Date: April 24, 2013
Citation: 2013-Ohio-1537
Docket Number: 2011-1727
Date: April 24, 2013
Citation: 2013-Ohio-1532
Docket Number: 2012-0992
Justia Opinion Summary: Findlay Market was a public market historically owned and operated by the City of Cincinnati until 2004, when the City and the Corporation for Findlay Market of Cincinnati entered into lease and management agreements…
Date: April 23, 2013
Citation: 2013-Ohio-1507
Docket Number: 2012-0014
Justia Opinion Summary: Appellant, a medical doctor, performed surgery on Jeanette Johnson. Johnson's common bile duct was injured during the procedure. Johnson later returned to the hospital because of complications resulting from the bile…
Date: April 18, 2013
Citation: 2013-Ohio-1531
Docket Number: 2011-2058
Date: April 18, 2013
Citation: 2013-Ohio-1505
Docket Numbers: 2012-1264, 2012-1394
Justia Opinion Summary: Relator, a trucking company, sought a writ of mandamus compelling Respondents, the Bureau of Motor Vehicles (BMV) Registrar and the Department of Public Safety Director, to provide an unredacted, noncertified copy of the…
Date: April 18, 2013
Citation: 2013-Ohio-1510
Docket Number: 2012-1695
Date: April 18, 2013
Citation: 2013-Ohio-1509
Docket Number: 2012-1697
Date: April 17, 2013
Citation: 2013-Ohio-1495
Docket Number: 2012-0250
Justia Opinion Summary: The State filed seven complaints against Appellee, a juvenile, alleging that he was delinquent for engaging in conduct that, if he had been an adult, would have constituted rape and gross sexual imposition. During…
Date: April 16, 2013
Citation: 2013-Ohio-1472
Docket Number: 2012-1494
Date: April 16, 2013
Citation: 2013-Ohio-1470
Docket Number: 2012-1692
Date: April 16, 2013
Citation: 2013-Ohio-1471
Docket Number: 2012-1902
Justia Opinion Summary: Appellants filed an original action in mandamus in the court of appeals, arguing that they should be eligible for parole hearings at intervals set by the version of Ohio Adm. Code 5120:1-1-10(B), effective as of January…
Date: April 11, 2013
Citation: 2013-Ohio-1439
Docket Number: 2011-1426
Date: April 10, 2013
Citation: 2013-Ohio-2080
Docket Number: 13-AP-021
Date: April 9, 2013
Citation: 2013-Ohio-1780
Docket Number: 13-AP-022
Date: April 2, 2013
Citation: 2013-Ohio-1615
Docket Number: 13-AP-024
Date: March 29, 2013
Citation: 2013-Ohio-1199
Docket Number: 2011-0408
Date: March 21, 2013
Citation: 2013-Ohio-1613
Docket Number: 13-AP-016
Date: March 21, 2013
Citation: 2013-Ohio-966
Docket Numbers: 2012-0081, 2012-0195
Justia Opinion Summary: The two defendants in this case pled not guilty to drug related charges. On the first day of the nonjury felony trial, during the testimony of the first witness, the trial court became aware that the State had failed to…
Date: March 21, 2013
Citation: 2013-Ohio-989
Docket Number: 2012-0205
Justia Opinion Summary: Andrea Riffle, then in her third trimester of pregnancy, called the City of Akron Fire Department EMS, reporting serious vaginal bleeding. Department personnel responded to the call but did not assess the unborn child or…
Date: March 21, 2013
Citation: 2013-Ohio-999
Docket Number: 2012-1842
Justia Opinion Summary: Appellant petitioned for a writ of habeas corpus, claiming sentencing error in that he was given two separate sentences for what he argued were allied offenses and that he was denied a right to appeal because his initial…
Date: March 20, 2013
Citation: 2013-Ohio-1012
Docket Number: 2012-1324
Date: March 20, 2013
Citation: 2013-Ohio-998
Docket Number: 2012-2065
Date: March 19, 2013
Citation: 2013-Ohio-1614
Docket Number: 13-AP-017
Date: March 19, 2013
Citation: 2013-Ohio-955
Docket Number: 2012-1708
Date: March 12, 2013
Citation: 2013-Ohio-794
Docket Number: 2011-1622
Justia Opinion Summary: A truck driver (Driver) was injured in 2005 in a traffic accident for which he was cited. Because it was his third moving violation in one year, Driver was dropped from his employer's liability insurance policy, and…
Date: March 7, 2013
Citation: 2013-Ohio-761
Docket Number: 2012-1296
Justia Opinion Summary: Relator owned and operated a real-estate-appraisal business and used maps and aerial photographs of properties in making his appraisals in Scioto County. In 2011, Relator requested that the Scioto County engineer…
Date: March 6, 2013
Citation: 2013-Ohio-1461
Docket Number: 13-AP-011
Justia Opinion Summary: Counsel for Defendants filed an affidavit with the clerk of the Supreme Court seeking to disqualify Judge Wyatt McKay from presiding over any further proceedings in the underlying case, alleging that the judge's rulings…
Date: March 6, 2013
Citation: 2013-Ohio-734
Docket Number: 2011-1918
Justia Opinion Summary: K&D Enterprises, through its manager, Mid-America, contracted to purchase an apartment complex. Prior to the closing, K&D Enterprises created a new company, Euclid-Richmond Gardens, and assigned its rights under the…
Date: March 6, 2013
Citation: 2013-Ohio-736
Docket Number: 2012-1693
Date: March 5, 2013
Citation: 2013-Ohio-733
Docket Number: 2012-1720
Date: February 26, 2013
Citation: 2013-Ohio-1319
Docket Number: 13-AP-004
Date: February 14, 2013
Citation: 2013-Ohio-400
Docket Number: 2012-1340
Date: February 14, 2013
Citation: 2013-Ohio-401
Docket Number: 2012-1548
Justia Opinion Summary: Appellant appealed from an order denying his motion for reconsideration of a magistrate's decision recommending dismissal of his action for a writ of mandamus. The Supreme Court dismissed the appeal for lack of…
Date: February 14, 2013
Citation: 2013-Ohio-402
Docket Number: 2012-1717
Date: February 13, 2013
Citation: 2013-Ohio-396
Docket Number: 2012-0015
Justia Opinion Summary: Cincinnati Community Kollel, an educational institution for purposes of Ohio Rev. Code 4709.121(A)(2), sought exemptions for three residential apartment buildings based on the claim that the properties were being used in…
Date: February 13, 2013
Citation: 2013-Ohio-397
Docket Number: 2012-0670
Justia Opinion Summary: At issue in this case was the 2007 tax-year valuation of six properties owned by Appellant. Appellant filed six valuation complaints regarding the properties. The county board of revision (BOR) retained the auditor's…
Date: February 13, 2013
Citation: 2013-Ohio-398
Docket Number: 2012-1331
Date: February 7, 2013
Citation: 2013-Ohio-910
Docket Number: 13-AP-005
Date: February 6, 2013
Citation: 2013-Ohio-890
Docket Number: 12-AP-136
Justia Opinion Summary: Defendant in the underlying proceeding sought to disqualify Judge Ralph Winkler from presiding over any further proceedings in his case, pending for a resentencing hearing in the court of common pleas. Defendant argued,…
Date: January 31, 2013
Citation: 2013-Ohio-246
Docket Number: 2009-2302
Date: January 31, 2013
Citation: 2013-Ohio-247
Docket Number: 2012-1886
Date: January 30, 2013
Citation: 2013-Ohio-224
Docket Number: 2012-1207
Justia Opinion Summary: After a portion of an oil and gas lease's interest was assigned to Chesapeake Exploration, LLC, the Ohio Division of Oil and Gas Resources Management (Division) issued a permit to Chesapeake to drill an oil and gas well…
Date: January 29, 2013
Citation: 2013-Ohio-915
Docket Number: 13-AP-008
Justia Opinion Summary: Plaintiff in the underlying complaint filed an affidavit seeking to disqualify Judge Thomas Pokorny from presiding over any further proceedings in her pending case. Plaintiff argued that the judge should be disqualified…
Date: January 29, 2013
Citation: 2013-Ohio-199
Docket Number: 2012-0203
Justia Opinion Summary: Relator submitted to the attorney general's office a written request for copies of records concerning any communication to that office relating to Danny Bubp's simultaneously holding and exercising the public offices of…
Date: January 28, 2013
Citation: 2013-Ohio-884
Docket Numbers: 13-AP-006, 13-AP-007
Justia Opinion Summary: Plaintiff filed a medical malpractice and wrongful death action against Defendants. Counsel for Defendants filed affidavits with the clerk of the Supreme Court seeking to disqualify Judge Frank Forchione from presiding…
Date: January 17, 2013
Citation: 2013-Ohio-72
Docket Number: 2012-1526
Date: January 16, 2013
Citation: 2013-Ohio-67
Docket Number: 2012-0369
Justia Opinion Summary: Relator made numerous public-records requests, which apparently stemmed from his unsuccessful application for zoning variances and his complaint to the township concerning a township trustee's use of his property, which…
Date: January 16, 2013
Citation: 2013-Ohio-65
Docket Number: 2012-0923
Justia Opinion Summary: The probate court appointed a guardian for Appellant, who was found to be indigent, and placed him in a secured nursing facility. After 120 days had elapsed since the appointment of the guardian for Appellant, Appellant…
Date: January 16, 2013
Citation: 2013-Ohio-71
Docket Number: 2012-1253
Justia Opinion Summary: Appellant filed writs of prohibition and mandamus to prevent Appellee, a county court of common pleas judge, from proceeding in an adoption case. In the alternative, Appellant sought the writs to require the judge to…
Date: January 16, 2013
Citation: 2013-Ohio-69
Docket Number: 2012-1287
Justia Opinion Summary: Following an evidentiary hearing, the Brunswick City Council removed Appellant, a city council member, from office for violating section 3.05(b) of the Brunswick Charter. Afterwards, Appellee was appointed to fill the…
Date: January 16, 2013
Citation: 2013-Ohio-66
Docket Number: 2012-1306
Date: January 16, 2013
Citation: 2013-Ohio-93
Docket Number: 2012-2151
Justia Opinion Summary: This was an election contest regarding the office of state representative. Joshua O'Farrell and Al Landis were the candidates. After the general election, the county board of elections declared that Landis had defeated…
Date: January 11, 2013
Citation: 2013-Ohio-36
Docket Number: 2012-2077
Justia Opinion Summary: Township, located in County, decided to place a tax levy for fire protection and emergency medical services in excess of the ten-mill limitation on the February 5, 2013 special-election ballot. The board of Township…
Date: January 9, 2013
Citation: 2013-Ohio-19
Docket Number: 2011-1774
Date: January 9, 2013
Citation: 2013-Ohio-21
Docket Number: 2012-1847
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