Supreme Court of Ohio Decisions 2014
Date: December 23, 2014
Citation: 2014-Ohio-5511
Docket Numbers: 2013-1644, 2013-1766
Justia Opinion Summary: Plaintiff filed a complaint alleging statutory retaliatory-discharge and common-law wrongful-discharge against Hospice of Southwest Ohio, Inc. for firing her for reporting suspected abuse or neglect and against Brookdale…
Date: December 23, 2014
Citation: 2014-Ohio-5486
Docket Number: 2014-0517
Date: December 23, 2014
Citation: 2014-Ohio-5487
Docket Number: 2014-0548
Date: December 18, 2014
Citation: 2014-Ohio-5510
Docket Number: 2012-2040
Justia Opinion Summary: In 1983, the four fingers of Dennis Varney’s left hand were amputated in a work-related accident. Three fingers were completely reattached and the fourth finger was partially reattached, but the fingers did not regain…
Date: December 18, 2014
Citation: 2014-Ohio-5460
Docket Number: 2013-0797
Justia Opinion Summary: Phillip Pixley brought an employer intentional tort claim arising from injuries he sustained when he was struck by a transfer car in the course of his employment at Pro-Pak Industries, Inc. Pixley alleged that Pro-Pak…
Date: December 18, 2014
Citation: 2014-Ohio-5461
Docket Number: 2013-1277
Justia Opinion Summary: In 2008, the City of Toledo enacted an ordinance authorizing an automated traffic-law-enforcement system that assesses civil penalties against a vehicle’s owner for speeding and red-light violations. The ordinance…
Date: December 18, 2014
Citation: 2014-Ohio-5536
Docket Number: 2014-1905
Date: December 18, 2014
Citation: 2014-Ohio-5538
Docket Number: 2014-1997
Date: December 17, 2014
Citation: 2014-Ohio-5458
Docket Number: 2013-1400
Justia Opinion Summary: Appellee was employed by the village of Cardington from 2000 to 2009. When he discovered that someone was discharging a hazardous chemical that was passing through the village’s wastewater treatment plant (WWTP),…
Date: December 17, 2014
Citation: 2014-Ohio-5459
Docket Number: 2014-0201
Date: December 16, 2014
Citation: 2014-Ohio-5445
Docket Number: 2010-1406
Justia Opinion Summary: Following a jury trial, Defendant was convicted of the aggravated murders of his girlfriend and two children. The trial court sentenced Defendant to death. The Supreme Court affirmed. The Supreme Court affirmed the…
Date: December 16, 2014
Citation: 2014-Ohio-5457
Docket Number: 2013-1694
Justia Opinion Summary: In December 2012, a reporter for the Cincinnati Enquirer requested the court docket showing the cases Hamilton County Juvenile Court Judge Tracie Hunter had presided over during December. The juvenile court administrator…
Date: December 10, 2014
Citation: 2014-Ohio-5407
Docket Number: 2014-1896
Date: December 4, 2014
Citation: 2014-Ohio-5336
Docket Number: 2013-0569
Date: December 4, 2014
Citation: 2014-Ohio-5255
Docket Number: 2014-0192
Date: December 4, 2014
Citation: 2014-Ohio-5261
Docket Number: 2014-0543
Date: December 4, 2014
Citation: 2014-Ohio-5264
Docket Number: 2014-0546
Date: December 3, 2014
Citation: 2014-Ohio-5228
Docket Number: 2011-0451
Justia Opinion Summary: After a trial, Defendant was convicted of three counts of complicity to commit aggravated murder, two counts of attempted aggravated murder, and related crimes. After a mitigation hearing, the jury recommended death for…
Date: December 3, 2014
Citation: 2014-Ohio-5239
Docket Number: 2014-0518
Date: December 3, 2014
Citation: 2014-Ohio-5242
Docket Number: 2014-0716
Justia Opinion Summary: Mallon Roberts was found guilty of murder. On appeal, Roberts asserted that certain evidence should not have been allowed in the trial. After the conviction was affirmed, Roberts filed a motion for a new trial on the…
Date: December 2, 2014
Citation: 2014-Ohio-5218
Docket Number: 2013-1598
Justia Opinion Summary: The Indian Hill Exempted Village School District Board of Education (BOE) passed a resolution to convert 1.25 inside mills from operating levies to permanent-improvement levies. The conversion had the effect of…
Date: December 2, 2014
Citation: 2014-Ohio-5243
Docket Number: 2014-0168
Justia Opinion Summary: The two property owners of two different parcels of real property, one of which was situated in the Dublin City School District and the other in the Columbus City School District, filed claims for tax exemption on the…
Date: December 2, 2014
Citation: 2014-Ohio-5220
Docket Number: 2014-0536
Date: November 26, 2014
Citation: 2014-Ohio-5222
Docket Number: 2013-1252
Date: November 26, 2014
Citation: 2014-Ohio-5198
Docket Number: 2014-0185
Justia Opinion Summary: In 2004, Appellant was found guilty of several offenses. Appellant appealed and filed several other actions based on the judgment. Nearly a decade later, Appellant filed a complaint for writ of mandamus in the court of…
Date: November 26, 2014
Citation: 2014-Ohio-5252
Docket Number: 2014-0258
Date: November 26, 2014
Citation: 2014-Ohio-5200
Docket Number: 2014-0424
Date: November 26, 2014
Citation: 2014-Ohio-5201
Docket Number: 2014-0425
Justia Opinion Summary: Ohio Rev. Code 2929.20 provides that a prisoner cannot apply for judicial release until a period of time after the expiration of all mandatory prison terms in the stated prison sentence. Shawn Ware pleaded guilty to two…
Date: November 26, 2014
Citation: 2014-Ohio-5240
Docket Number: 2014-1745
Date: November 26, 2014
Citation: 2014-Ohio-5241
Docket Number: 2014-1755
Date: November 25, 2014
Citation: 2014-Ohio-5199
Docket Number: 2013-0451
Justia Opinion Summary: WTS Acquisition Corporation purchased Ameritemps, Inc. and then transferred the assets to its wholly owned subsidiary, RFFG, LLC. RFFG continued operating the business under the Ameritemps name. The Ohio Bureau of…
Date: November 25, 2014
Citation: 2014-Ohio-5196
Docket Number: 2014-0013
Justia Opinion Summary: Cqualin Hawkins pleaded guilty to burglary, domestic violence, and assault. Hawkins was sentenced to four years on the burglary charge. Hawkins was later released on community control. While on community control, Hawkins…
Date: November 24, 2014
Citation: 2014-Ohio-5254
Docket Number: 2014-2005
Date: November 20, 2014
Citation: 2014-Ohio-5052
Docket Number: 2013-0251
Justia Opinion Summary: Defendant was convicted of two counts of rape of his minor stepdaughter. The Supreme Court reversed and remanded to the court of appeals to consider whether the trial court abused its discretion in admitting other-acts…
Date: November 20, 2014
Citation: 2014-Ohio-5033
Docket Number: 2014-0509
Date: November 19, 2014
Citation: 2014-Ohio-5063
Docket Number: 2013-1985
Date: November 19, 2014
Citation: 2014-Ohio-5064
Docket Number: 2014-0200
Date: November 18, 2014
Citation: 2014-Ohio-5030
Docket Number: 2013-1432
Justia Opinion Summary: Canal Winchester MOB, LLC (“MOB”), the ground lessee of a medical office building, filed a complaint challenging the tax-year-2010 valuation of the building. The Board of Revision retained the auditor’s valuation. MOB,…
Date: November 18, 2014
Citation: 2014-Ohio-5053
Docket Number: 2013-1622
Date: November 14, 2014
Citation: 2014-Ohio-5031
Docket Number: 2014-1696
Date: November 13, 2014
Citation: 2014-Ohio-5022
Docket Number: 2013-1815
Justia Opinion Summary: In 2008, Michael Slager was sentenced for two separate offenses. In 2012 and 2013, Slager filed two complaints for a writ of mandamus in the court of appeals, arguing that he was entitled to additional jail-time credit.…
Date: November 13, 2014
Citation: 2014-Ohio-5021
Docket Number: 2013-1973
Justia Opinion Summary: In 2008, A police detective placed a global-positioning-system (GPS) tracking device on Defendant’s vehicle without obtaining a search warrant. Based on information gathered using the GPS device, law enforcement officers…
Date: November 10, 2014
Citation: 2014-Ohio-4967
Docket Number: 2014-1351
Date: November 6, 2014
Citation: 2014-Ohio-4815
Docket Number: 2013-0924
Date: November 6, 2014
Citation: 2014-Ohio-4903
Docket Number: 2014-0135
Date: November 6, 2014
Citation: 2014-Ohio-4912
Docket Number: 2014-0138
Date: November 6, 2014
Citation: 2014-Ohio-4913
Docket Number: 2014-1752
Date: November 6, 2014
Citation: 2014-Ohio-4914
Docket Number: 2014-1753
Date: November 5, 2014
Citation: 2014-Ohio-4902
Docket Number: 2013-0581
Date: November 5, 2014
Citation: 2014-Ohio-4809
Docket Number: 2013-0654
Justia Opinion Summary: Appellants, Cleveland Clinic Foundation and Fairview Hospital, sought approval to build a helipad on the roof of a new two-story addition on the Hospital. The Cleveland Board of Zoning Appeals (BZA) denied a permit to…
Date: November 5, 2014
Citation: 2014-Ohio-4800
Docket Number: 2013-1290
Justia Opinion Summary: After a jury trial, Appellant was convicted of attempted felony murder, felonious assault, and possessing a firearm while under a disability. At issue on appeal was whether a defendant can be convicted of attempted…
Date: November 4, 2014
Citation: 2014-Ohio-4795
Docket Number: 2013-0688
Justia Opinion Summary: Defendant was arrested pursuant to three misdemeanor arrest warrants. Based on information collected upon the execution of the arrest warrants, Defendant was charged with aggravated murder and aggravated robbery.…
Date: November 4, 2014
Citation: 2014-Ohio-4796
Docket Number: 2014-0289
Justia Opinion Summary: In 1998, Appellant was found guilty of two counts of aggravated murder and other offenses. Postrelease control was not specifically imposed at the sentencing hearing or in the sentencing entry. Appellant’s convictions…
Date: November 4, 2014
Citation: 2014-Ohio-4896
Docket Number: 2014-1575
Date: October 30, 2014
Citation: 2014-Ohio-4767
Docket Numbers: 2013-1129, 2013-1319
Justia Opinion Summary: After a jury trial, Appellee was convicted of, inter alia, engaging in a pattern of corrupt activity. Appellee’s convictions were affirmed on appeal. The court of appeals reversed the conviction for engaging in a pattern…
Date: October 30, 2014
Citation: 2014-Ohio-4768
Docket Number: 2014-0048
Justia Opinion Summary: In 1994, Appellant was convicted of several offenses associated with a robbery spree through Ohio and Michigan. In 2013, Appellant filed a petition for habeas corpus, arguing that because he was transferred to Michigan…
Date: October 29, 2014
Citation: 2014-Ohio-4751
Docket Number: 2010-1373
Justia Opinion Summary: After a jury trial, Appellant was sentenced to death for the aggravated murder of a police officer. The Supreme Court affirmed Appellant’s convictions and sentence of death, holding (1) the trial court did not err by…
Date: October 29, 2014
Citation: 2014-Ohio-4736
Docket Number: 2013-1946
Justia Opinion Summary: Appellants, private individuals, filed this case in quo warranto in the Tenth District Court of Appeals to oust certain individuals from the board of directors of the Omar Ibn El Khattab Mosque, Inc. The members of the…
Date: October 28, 2014
Citation: 2014-Ohio-4724
Docket Number: 2013-0941
Justia Opinion Summary: Relators, an employee of Precision Directional Boring, LLC and his wife, commenced an action in the Cuyahoga County Common Pleas Court against Precision and Gary Cole, a coworker at Precision. Cole, a resident of…
Date: October 28, 2014
Citation: 2014-Ohio-4723
Docket Number: 2013-1506
Justia Opinion Summary: This case involved the tax-year-2009 value of a parcel of property and presented the question of whether an auction sale price can ever be regarded as evidence of a property’s value and, if so, under what circumstances.…
Date: October 23, 2014
Citation: 2014-Ohio-4650
Docket Number: 2013-0984
Justia Opinion Summary: At dispute in this case was a bridge located in Cuyahoga County on the border between Independence City and the village of Valley View and on a road that was neither a County road nor a state highway. The County and the…
Date: October 23, 2014
Citation: 2014-Ohio-4647
Docket Number: 2013-1426
Justia Opinion Summary: In 2006, the City of Cincinnati filed an application for exemption from real-property tax for property that constituted part of the City’s convention center. The tax commissioner granted the exemption for 2006 but denied…
Date: October 23, 2014
Citation: 2014-Ohio-4639
Docket Number: 2013-1980
Date: October 22, 2014
Citation: 2014-Ohio-4603
Docket Numbers: 2013-0870, 2013-0876
Justia Opinion Summary: Appellee pleaded guilty to one count of theft and was sentenced to five years of community control and ordered to pay restitution to certain third parties. Appellee later applied to have the record of her theft…
Date: October 22, 2014
Citation: 2014-Ohio-4597
Docket Number: 2013-1981
Date: October 22, 2014
Citation: 2014-Ohio-4598
Docket Number: 2013-1983
Date: October 21, 2014
Citation: 2014-Ohio-4562
Docket Number: 2013-0382
Justia Opinion Summary: Defendant was indicted on several charges. Defendant entered into a plea agreement whereby he agreed to testify in a murder prosecution against his father in exchange for amended or dismissed charges. One year after…
Date: October 21, 2014
Citation: 2014-Ohio-4563
Docket Number: 2013-0880
Justia Opinion Summary: Appellant brought an original action for a writ of mandamus against his former employers, the Summit County prosecutor and the County (collectively, the County), alleging that the County did not compensate him in…
Date: October 21, 2014
Citation: 2014-Ohio-4531
Docket Number: 2013-0892
Justia Opinion Summary: Appellee, a home health nurse who provided in-home health-care services to clients of Visiting Nurse Association of Mid-Ohio (VNA), was injured in a vehicle collision while she was traveling to the home of a patient.…
Date: October 21, 2014
Citation: 2014-Ohio-4627
Docket Number: 2013-2019
Date: October 21, 2014
Citation: 2014-Ohio-4630
Docket Number: 2014-1610
Date: October 21, 2014
Citation: 2014-Ohio-4628
Docket Number: 2014-1618
Date: October 16, 2014
Citation: 2014-Ohio-4558
Docket Number: 2013-CA-72
Justia Opinion Summary: Appellant was found to have knowingly and voluntarily surrendered her parental rights to her child and to have agreed that it was in her child’s best interest that permanent custody be granted to the state. Four days…
Date: October 16, 2014
Citation: 2014-Ohio-4551
Docket Number: 2014-0033
Justia Opinion Summary: Christopher Wright was convicted of felonious assault. The court of appeals affirmed. Asserting that he filed such a motion, Wright filed a petition for writ of procedendo to compel the trial judge to rule on his pro se…
Date: October 16, 2014
Citation: 2014-Ohio-4557
Docket Number: 2014-0463
Date: October 15, 2014
Citation: 2014-Ohio-4529
Docket Number: 2013-1176
Justia Opinion Summary: Since March 2013, all meetings of the Norton City Council have been broadcast over the Internet by live video stream. In April 2013, Appellant filed a petition for a writ of mandamus, arguing that the City breached its…
Date: October 15, 2014
Citation: 2014-Ohio-4532
Docket Number: 2013-1994
Justia Opinion Summary: In an underlying partition action, Appellant objected to a magistrate’s decision. Judge Nancy Russo of the Cuyahoga County Common Pleas Court affirmed the magistrate’s decision. Judge Russo subsequently issued a final…
Date: October 15, 2014
Citation: 2014-Ohio-4533
Docket Number: 2013-2017
Justia Opinion Summary: In 1976, Appellant was convicted of aggravated murder and sentenced to death. The court of appeals affirmed the sentence. The Supreme Court reversed and modified Appellant’s death sentence to life in prison based on…
Date: October 14, 2014
Citation: 2014-Ohio-4527
Docket Number: 2012-1866
Justia Opinion Summary: Miles Cobrun was killed after he was struck by a vehicle driven by Robert Shill. Peggy Spaeth, Cobrun’s wife, filed a wrongful-death action against Robert and his insurer. Robert sought additional coverage under the…
Date: October 14, 2014
Citation: 2014-Ohio-4511
Docket Number: 2013-0547
Justia Opinion Summary: A property owner (Taxpayer) filed a complaint for tax year 2010, asking for a reduction from the auditor’s value of its property. The Cuyahoga County Board of Revision (BOR) dismissed Taxpayer’s complaint. Taxpayer then…
Date: October 14, 2014
Citation: 2014-Ohio-4512
Docket Number: 2013-1738
Justia Opinion Summary: After a jury trial, Appellant was convicted of several counts of aggravated robbery and abduction, with firearm specifications. Several years later, Appellant filed a motion asserting that his sentence should be…
Date: October 9, 2014
Citation: 2014-Ohio-4364
Docket Number: 2013-0394
Justia Opinion Summary: After Employee was terminated from his position as a construction-equipment operator with the City of Cleveland, the collective-bargaining unit for construction-equipment operators employed by the City sought a writ of…
Date: October 9, 2014
Citation: 2014-Ohio-4455
Docket Number: 2014-1516
Date: October 8, 2014
Citation: 2014-Ohio-4275
Docket Number: 2013-0304
Justia Opinion Summary: Bank of America, N.A. filed a complaint in foreclosure against George and Bridget Kuchta, claiming to be the holder of a promissory note and assignee of the mortgage. The trial court granted summary judgment to the bank…
Date: October 8, 2014
Citation: 2014-Ohio-4353
Docket Number: 2013-1006
Justia Opinion Summary: Kohl’s Illinois, Inc. filed a valuation complaint challenging the tax year 2010 valuation of a Kohl’s store in Marion County. The Board of Revision (BOR) dismissed the case, finding that the complaint was void because…
Date: October 7, 2014
Citation: 2014-Ohio-4271
Docket Number: 2013-0154
Justia Opinion Summary: Reporting that it suffered underrecovered transmission costs of $36 million during the period under review, the Ohio Power Company filed an application to recover the underrecovered transmission costs associated with…
Date: October 7, 2014
Citation: 2014-Ohio-4270
Docket Number: 2013-1064
Justia Opinion Summary: In 2011, Bernard Keith entered Lorain Correctional Institution to serve a six-month sentence. A hearing officer subsequently determined that Keith’s previous parole should be revoked. After a parole release hearing, the…
Date: October 2, 2014
Citation: 2014-Ohio-4260
Docket Number: 2013-0608
Justia Opinion Summary: Claimant was terminated from her employment for violating the written attendance policy in her union contract after she was injured at work. Thereafter, Claimant filed for temporary-total-disability (TTD) compensation…
Date: October 1, 2014
Citation: 2014-Ohio-4254
Docket Number: 2013-0473
Justia Opinion Summary: Plaintiff filed this action alleging that Defendant breached certain leases by failing to provide separate meters for utilities inside the leased premises. The trial court granted a preliminary injunction and ordered…
Date: October 1, 2014
Citation: 2014-Ohio-4258
Docket Number: 2013-1102
Justia Opinion Summary: The City of Cincinnati charged Daniel Ilg with operating a vehicle while under the influence of alcohol and related offenses. Ilg moved to suppress the results of his breath test taken from an Intoxilyzer 8000 machine.…
Date: September 29, 2014
Citation: 2014-Ohio-4241
Docket Number: 2014-1393
Date: September 29, 2014
Citation: 2014-Ohio-4283
Docket Number: 2014-1469
Justia Opinion Summary: Relators circulated petitions in support of a proposed amendment to the city charter that would nullify an ordinance establishing a development plan for property in downtown Powell, Ohio. The city counsel considered the…
Date: September 25, 2014
Citation: 2014-Ohio-3948
Docket Number: 2012-1611
Justia Opinion Summary: Appellant was indicted on one count of rape. After a jury trial, Appellant was found not guilty of rape and not guilty of sexual battery but guilty of the lesser included offense of gross sexual imposition. The court of…
Date: September 25, 2014
Citation: 2014-Ohio-4060
Docket Number: 2013-0072
Date: September 25, 2014
Citation: 2014-Ohio-4060
Docket Number: 2013-0072
Date: September 25, 2014
Citation: 2014-Ohio-4061
Docket Number: 2014-0080
Justia Opinion Summary: Appellant was convicted of two felony counts of operating a vehicle while intoxicated (OVI), each with a specification that he had been convicted of or pled guilty to five or more OVI violations or equivalent offenses…
Date: September 25, 2014
Citation: 2014-Ohio-4061
Docket Number: 2014-0080
Date: September 24, 2014
Citation: 2014-Ohio-4046
Docket Number: 2012-1653
Justia Opinion Summary: While she was a 2012 judicial candidate for the Eleventh District Court of Appeals, Respondent, who had previously served on the Eleventh District Court of Appeals but was no longer an incumbent judge, wore a name badge…
Date: September 24, 2014
Citation: 2014-Ohio-4037
Docket Number: 2013-1736
Justia Opinion Summary: Appellant pled guilty to multiple criminal offenses, both state and federal. Appellant sought release from prison, arguing that the sentencing entry was ambiguous regarding whether his state sentences were to be served…
Date: September 23, 2014
Citation: 2014-Ohio-4036
Docket Number: 2013-0028
Justia Opinion Summary: For the tax year 2008, Appellant, a property owner and taxpayer, filed four valuation complaints challenging the Summit County Fiscal Officer’s valuation of seven parcels. The Summit County Board of Revision (BOR)…
Date: September 23, 2014
Citation: 2014-Ohio-3970
Docket Number: 2013-0743
Justia Opinion Summary: After a jury trial, Defendant was found guilty of felonious assault and carrying a concealed weapon. The appellate court remanded the matter for resentencing, determining that the trial court did not properly impose…
Date: September 23, 2014
Citation: 2014-Ohio-4033
Docket Number: 2013-1552
Justia Opinion Summary: In 1995, Todd Plassman pled guilty to several counts of rape. Plassman was sentenced to indefinite terms of nine to twenty-five years, to be served concurrently but consecutively to his sentence imposed in another case.…
Date: September 23, 2014
Citation: 2014-Ohio-4034
Docket Number: 2013-1591
Justia Opinion Summary: Defendant was a juvenile when he committed acts constituting aggravated robbery. After a mandatory bindover hearing, the juvenile court relinquished jurisdiction and transferred the matter to the common pleas court.…
Date: September 22, 2014
Citation: 2014-Ohio-4075
Docket Number: 2006-2306
Date: September 22, 2014
Citation: 2014-Ohio-4076
Docket Number: 2014-1292
Date: September 22, 2014
Citation: 2014-Ohio-4145
Docket Number: 2014-1565
Justia Opinion Summary: After a group of Richmond Heights, Ohio electors submitted a “recall petition” to recall Mayor Miesha Wilson Headen, the Richmond Heights City Council voted to certify the mayoral recall issue for inclusion on the…
Date: September 19, 2014
Citation: 2014-Ohio-4078
Docket Number: 2014-1469
Justia Opinion Summary: On June 17, 2014, the city council of Powell approved a development plan prosing new construction in the Powell downtown business district by adopting Ordinance No. 2014-10. Relators filed petitions with the city clerk…
Date: September 19, 2014
Citation: 2014-Ohio-4097
Docket Number: 2014-1478
Justia Opinion Summary: On August 5, 2014, Relators submitted a petition to the clerk of council to amend the charter of the City of Maple Heights by limiting the use of photo-monitoring devices to enforce traffic laws. On August 18, 2014, the…
Date: September 18, 2014
Citation: 2014-Ohio-3973
Docket Number: 2011-0093
Justia Opinion Summary: Defendant pled guilty to aggravated murder and related charges. A three-judge panel sentenced Defendant to death on the capital charge and to various prison terms for the noncapital offenses. The Supreme Court twice…
Date: September 18, 2014
Citation: 2014-Ohio-3943
Docket Number: 2013-0890
Justia Opinion Summary: Plaintiff and Defendant, his employer, signed a written employment agreement detailing the terms of Plaintiff’s relationship with Defendant. Plaintiff later ceased working for Defendant, believing he had been fired.…
Date: September 18, 2014
Citation: 2014-Ohio-3969
Docket Number: 2013-1615
Justia Opinion Summary: Appellant filed a petition for a writ of prohibition seeking to prevent Appellees, a judge and magistrate on the Cuyahoga County Court of Common Pleas, from exercising jurisdiction over a foreclosure action filed against…
Date: September 17, 2014
Citation: 2014-Ohio-3942
Docket Number: 2012-1723
Justia Opinion Summary: Appellants owned the mineral rights and the State owned the surface rights to a certain tract of land. When the property was transferred to the State, the seller reserved all mineral rights and “reasonable surface right…
Date: September 17, 2014
Citation: 2014-Ohio-3957
Docket Number: 2012-1814
Date: September 17, 2014
Citation: 2014-Ohio-3958
Docket Number: 2013-1665
Justia Opinion Summary: In 2008, Appellant was sentenced after pleading guilty to sixteen counts of breaking and entering and one count of engaging in a pattern of corrupt activity. The 2008 sentencing order was superseded by two subsequent…
Date: September 16, 2014
Citation: 2014-Ohio-4022
Docket Number: 2014-1405
Justia Opinion Summary: Thomas Brown ran unsuccessfully to become the Democratic nominee for a seat on the Ashtabula County common pleas court in the Democratic Party primary election. Brown subsequently filed nominating petitions to be a…
Date: September 15, 2014
Citation: 2014-Ohio-3945
Docket Numbers: 2012-0655, 2009-1142
Date: September 5, 2014
Citation: 2014-Ohio-3794
Docket Number: 2010-0851
Date: September 5, 2014
Citation: 2014-Ohio-3795
Docket Number: 2013-1743
Date: September 5, 2014
Citation: 2014-Ohio-3796
Docket Number: 2013-1944
Date: September 5, 2014
Citation: 2014-Ohio-3813
Docket Number: 2014-1353
Date: September 4, 2014
Citation: 2014-Ohio-3667
Docket Number: 2013-0910
Justia Opinion Summary: After a bench trial, Defendant was convicted of kidnapping, importuning, gross sexual imposition, and public indecency. Each count related to an incident with B.P., a fourteen-year-old female. The court of appeals…
Date: September 4, 2014
Citation: 2014-Ohio-3676
Docket Number: 2013-1625
Date: September 4, 2014
Citation: 2014-Ohio-3774
Docket Number: 2013-1626
Date: September 4, 2014
Citation: 2014-Ohio-3675
Docket Number: 2013-1995
Date: September 3, 2014
Citation: 2014-Ohio-3764
Docket Number: 2012-1484
Justia Opinion Summary: This appeal stemmed from the Public Utilities Commission’s first annual review of the fuel-adjustment clause (FAC) mechanism that was part of the first electric security plan (ESP) for two American Electric Power…
Date: September 3, 2014
Citation: 2014-Ohio-3766
Docket Number: 2013-0580
Justia Opinion Summary: Donald Burkhart (Burkhart) died after developing mesothelioma. Mary Lou Burkhart (Claimant) filed a claim against H.J. Heinz Company (Employer), Burkhart’s former employer, seeking workers compensation benefits. In…
Date: September 3, 2014
Citation: 2014-Ohio-3666
Docket Number: 2013-0761
Justia Opinion Summary: Gerald Renfrow worked for Northern Southern Railway Company as a brakeman for approximately twenty-five years. Gerald, who smoked a pack and a half of cigarettes every day for fifty years, died in 2011 after a battle…
Date: September 3, 2014
Citation: 2014-Ohio-3665
Docket Number: 2013-1257
Date: September 3, 2014
Citation: 2014-Ohio-3765
Docket Number: 2013-1984
Date: September 2, 2014
Citation: 2014-Ohio-3707
Docket Number: 2010-0944
Justia Opinion Summary: Defendant was convicted of three counts of aggravated murder and other felony offenses. The Supreme Court affirmed Defendant’s convictions and sentence of death, holding (1) even if the trial court overstepped its bounds…
Date: September 2, 2014
Citation: 2014-Ohio-3655
Docket Number: 2013-0283
Justia Opinion Summary: In the wrongful-death action underlying this case, the trial court found a certain term in a commercial general liability policy, which was not defined in a policy, to be ambiguous and construed this language against the…
Date: September 2, 2014
Citation: 2014-Ohio-3744
Docket Number: 2013-0351
Justia Opinion Summary: At issue in this case was whether the State must prove a culpable mental state with respect to the element of the offense of robbery contained in Ohio Rev. Code 2911.02(A)(3) that the offender did “[u]se or threaten the…
Date: September 2, 2014
Citation: 2014-Ohio-3656
Docket Number: 2013-0713
Justia Opinion Summary: At issue in this case was whether Ohio Rev. Code 5721.25 permits a mortgage holder to redeem the mortgaged property when it is the subject of a tax foreclosure proceeding. Here, Vanderbilt Mortgage and Finance, Inc.…
Date: September 2, 2014
Citation: 2014-Ohio-3735
Docket Number: 2014-0070
Justia Opinion Summary: Appellant, an inmate, filed a complaint in mandamus in the court of appeals seeking an order compelling the Director of Rehabilitation and Correction to hold an immediate hearing and grant Appellant release from…
Date: August 29, 2014
Citation: 2014-Ohio-3745
Docket Number: 2014-1337
Justia Opinion Summary: On April 15, 2014, the Columbus Coalition for Responsive Government filed a precirculation copy of a proposed initiative ordinance with the Columbus city clerk. On July 15, 2014, the Coalition submitted 497…
Date: August 28, 2014
Citation: 2014-Ohio-3636
Docket Number: 2013-0291
Justia Opinion Summary: Appellee filed an employment-discrimination action against the Dayton Police Department (DPD) and Major Mitchell Davis, her supervisor, alleging, inter alia, age- and sex-based discrimination in violation of Ohio Rev.…
Date: August 28, 2014
Citation: 2014-Ohio-3632
Docket Number: 2013-0459
Justia Opinion Summary: Torri Auer filed suit against real-estate broker Keller Williams Home Town Realty (Home Town) and its former real-estate agent, Jamie Paliath, alleging that Paliath had fraudulently induced her to purchase certain…
Date: August 28, 2014
Citation: 2014-Ohio-3689
Docket Number: 2013-0524
Date: August 28, 2014
Citation: 2014-Ohio-3628
Docket Number: 2013-0579
Justia Opinion Summary: The question presented to the Supreme Court here was what evidence a juvenile is entitled to in discovery prior to a bindover hearing. In this case, the State filed a motion asking the juvenile court to relinquish…
Date: August 28, 2014
Citation: 2014-Ohio-3688
Docket Number: 2013-1138
Justia Opinion Summary: One of the exceptions to public employee membership in the Ohio Public Employees Retirement System (OPERS) is set forth in Ohio Rev. Code 145.03, which provides that a student employee is exempt from OPERS membership if…
Date: August 28, 2014
Citation: 2014-Ohio-3687
Docket Number: 2013-1151
Justia Opinion Summary: Appellee, an employee of the City of Warren, was appointed deputy bailiff/legal secretary to Judge Gysegem in 2007. In 2010, Appellee discussed with Judge Gysegem her wish to retire and receive Ohio Public Employees…
Date: August 27, 2014
Citation: 2014-Ohio-3620
Docket Number: 2012-1517
Justia Opinion Summary: At issue in this case was a commercial building consisting of a warehouse and office space. The tax year at issue was 2005. The property owner disagreed with the auditor’s valuation of the subject property and filed a…
Date: August 27, 2014
Citation: 2014-Ohio-3614
Docket Number: 2013-0042
Justia Opinion Summary: In 2010, almost ten years after he had left his employment with his employer, Formica Corporation, Appellant applied for temporary-total-disability (TTD) compensation. The Industrial Commission denied Appellant’s…
Date: August 27, 2014
Citation: 2014-Ohio-3615
Docket Number: 2013-0234
Justia Opinion Summary: The new owner of an arena football team applied for workers’ compensation coverage. The Bureau of Workers’ Compensation concluded that the new owner was a successor employer for workers’ compensation purposes and that it…
Date: August 27, 2014
Citation: 2014-Ohio-3679
Docket Number: 2013-0596
Justia Opinion Summary: Plunderbund Media, LLC sought the disclosure of records documenting threats against the governor that were kept by the Director of Public Safety. Legal counsel for the Department of Public Safety refused to produce any…
Date: August 27, 2014
Citation: 2014-Ohio-3653
Docket Number: 2013-1398
Justia Opinion Summary: Petitioner, an inmate, filed a petition for a writ of habeas corpus challenging the calculation of his jail-time credit and contending that aggregation of his sentences constituted double jeopardy. The court of appeals…
Date: August 27, 2014
Citation: 2014-Ohio-3678
Docket Number: 2013-1960
Date: August 5, 2014
Citation: 2014-Ohio-3365
Docket Number: 2014-1300
Justia Opinion Summary: The Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio filed with the Supreme Court a certified copy of a judgment entry of a felony conviction against Rosenfield, a Cleveland attorney…
Date: July 25, 2014
Citation: 2014-Ohio-3213
Docket Number: 2014-0956
Date: July 24, 2014
Citation: 2014-Ohio-3160
Docket Number: 2012-2093
Justia Opinion Summary: In these two consolidated cases, the trial court sentenced a felony offender to one or more community-control sanctions without first ordering and reviewing a presentence investigation report. In both cases, the sanction…
Date: July 24, 2014
Citation: 2014-Ohio-3177
Docket Number: 2013-0167
Justia Opinion Summary: At issue in this appeal was whether a trial court must engage in judicial fact-finding prior to imposing consecutive sentences on an offender. In this case, Appellant was sentenced to consecutive sentences aggregating…
Date: July 23, 2014
Citation: 2014-Ohio-3159
Docket Number: 2013-1162
Justia Opinion Summary: In 2007, Appellant was convicted and sentenced to prison. In 2013, Appellant filed a petition for a writ of procedendo against Judge James D. Jensen, asserting that Judge Jensen failed to rule on a motion to dismiss the…
Date: July 23, 2014
Citation: 2014-Ohio-3158
Docket Number: 2013-1252
Date: July 23, 2014
Citation: 2014-Ohio-3161
Docket Number: 2013-1988
Date: July 22, 2014
Citation: 2014-Ohio-3155
Docket Number: 2012-2122
Justia Opinion Summary: The question presented in this case was when a juvenile court can conduct an Ohio Rev. Code 2152.83(B)(2) hearing regarding the appropriateness of juvenile-offender-registrant classification for a juvenile adjudged…
Date: July 22, 2014
Citation: 2014-Ohio-3179
Docket Number: 2014-1056
Date: July 18, 2014
Citation: 2014-Ohio-3129
Docket Number: 2013-1635
Date: July 18, 2014
Citation: 2014-Ohio-3126
Docket Number: 2014-1045
Date: July 17, 2014
Citation: 2014-Ohio-3095
Docket Number: 2013-0148
Justia Opinion Summary: A.E.M. Electric Services Corporation, a general contractor, contracted with Transtar Electric, Inc., a subcontractor, to provide electrical services for the installation of a pool at Holiday Inn. A.E.M. did not pay…
Date: July 17, 2014
Citation: 2014-Ohio-3075
Docket Number: 2013-0939
Date: July 17, 2014
Citation: 2014-Ohio-3074
Docket Number: 2013-1178
Justia Opinion Summary: Appellant, an inmate serving sentences from separate convictions, filed a petition for a writ of habeas corpus challenging the jurisdiction of the common pleas court to order him back to prison in the first case after he…
Date: July 16, 2014
Citation: 2014-Ohio-3073
Docket Number: 2012-2117
Justia Opinion Summary: Upon its implementation of an automated-meter-reading (“AMR”) program, the East Ohio Gas Company, d/b/a Dominion East Ohio (“Dominion”), sought to recover costs associated with its AMR program. The Public Utilities…
Date: July 16, 2014
Citation: 2014-Ohio-3072
Docket Number: 2013-0403
Justia Opinion Summary: At issue in this case was the effect of H.B. 86 on a defendant who was convicted of possession of crack cocaine prior to its effective date but who was not sentenced until after its effective date. In practice, the…
Date: July 14, 2014
Citation: 2014-Ohio-3065
Docket Number: 14-AP-036
Date: July 10, 2014
Citation: 2014-Ohio-2966
Docket Number: 2010-1105
Justia Opinion Summary: Defendant was indicted on two counts of aggravated murder, each of which carried three death specifications. Defendant waived a jury and was tried by a three-judge panel. The panel found Defendant guilty of felony murder…
Date: July 10, 2014
Citation: 2014-Ohio-3026
Docket Number: 2012-1324
Date: July 9, 2014
Citation: 2014-Ohio-2963
Docket Number: 2013-1623
Date: July 8, 2014
Citation: 2014-Ohio-2926
Docket Number: 2012-1742
Justia Opinion Summary: Article I, Section 9 of the Ohio Constitution provides that “[a]ll persons shall be bailable by sufficient sureties.” Under Crim.R. 46(A)(2), however, a court may require a defendant to post ten percent of the bail…
Date: July 8, 2014
Citation: 2014-Ohio-2962
Docket Number: 2013-0535
Justia Opinion Summary: Stanley and Kathryn Wasserman are the successors in interest to an easement created in 1915 for the purpose of draining what is now their farmland over land now owned by the City of Freemont. After the City unilaterally…
Date: July 3, 2014
Citation: 2014-Ohio-2955
Docket Number: 2013-1597
Date: July 2, 2014
Citation: 2014-Ohio-2871
Docket Number: 2012-1057
Justia Opinion Summary: Gregory Murphy suffered two work-related injuries in 2001 and 2006 while working for Packaging Corporation of America (PCA). Murphy received temporary-total-disability for the 2001 claim, and after his second injury…
Date: July 2, 2014
Citation: 2014-Ohio-2872
Docket Number: 2013-0934
Justia Opinion Summary: In 2009, the Harrison County Board of Revision (BOR) issued two orders purporting to determine the value of two parcels owned by L.J. Smith, Inc. However, the BOR did not certify a transcript showing the filing of the…
Date: June 30, 2014
Citation: 2014-Ohio-2807
Docket Number: 2009-2284
Date: June 27, 2014
Citation: 2014-Ohio-2757
Docket Number: 2012-0691
Date: June 19, 2014
Citation: 2014-Ohio-2597
Docket Number: 2012-2097
Justia Opinion Summary: After Mother and Father divorced, the parties disputed the custody of their child, A.G. During a court proceeding concerning custody, the juvenile court excluded A.G., who was thirteen years old at the time, from…
Date: June 18, 2014
Citation: 2014-Ohio-2588
Docket Number: 2013-0239
Justia Opinion Summary: Dick Flanagan filed an action in quo warranto challenging the qualifications of David Lucas, the Belmont County sheriff, who was elected to the office and sworn in on January 7, 2013. Specifically, Flanagan claimed that…
Date: June 18, 2014
Citation: 2014-Ohio-2574
Docket Number: 2013-0278
Justia Opinion Summary: In tax year 2007, a county fiscal officer valued an improved 6.415-acre parcel in the county at $8,740,000, consistent with the property's 2004 sale price. The property owner filed an amended complaint seeking a…
Date: June 18, 2014
Citation: 2014-Ohio-2573
Docket Number: 2013-1251
Date: June 12, 2014
Citation: 2014-Ohio-2491
Docket Number: 2000-1138
Date: June 12, 2014
Citation: 2014-Ohio-2490
Docket Number: 2005-1115
Date: June 12, 2014
Citation: 2014-Ohio-2482
Docket Number: 2013-1262
Date: June 11, 2014
Citation: 2014-Ohio-2440
Docket Number: 2013-0103
Justia Opinion Summary: Appellant, a registered lender under the Mortgage Loan Act (MLA), and Appellee executed a customer agreement for a single-installment, $500 loan governed by the MLA. Appellee later defaulted on his loan. Appellant filed…
Date: June 11, 2014
Citation: 2014-Ohio-2439
Docket Number: 2013-0386
Justia Opinion Summary: The county auditor assigned an aggregate value for four properties of $468,470 for the tax year 2008, which represented a significant increase over the aggregate valuation of the parcels’ two ancestor parcels. After a…
Date: June 10, 2014
Citation: 2014-Ohio-2382
Docket Number: 2012-1272
Justia Opinion Summary: Appellants in this case were ProgressOhio.org, Inc., a member of the Ohio Senate, and a former member of the Ohio House of Representatives. Appellants brought a constitutional challenge to the JobsOhio Act, which created…
Date: June 10, 2014
Citation: 2014-Ohio-2381
Docket Number: 2013-0149
Justia Opinion Summary: At issue in this case were thirteen unbuilt lots in a residential subdivision. For the tax year 2008, the county auditor set the value of each lot at $105,000. Taxpayer filed a complaint challenging the valuation and…
Date: June 10, 2014
Citation: 2014-Ohio-2380
Docket Number: 2013-0866
Justia Opinion Summary: Plaintiffs brought a tort action against the City of Cleveland and some of its employees (collectively, Relators). Relators filed a motion to dismiss based on political-subdivision immunity. The trial court denied the…
Date: June 6, 2014
Citation: 2014-Ohio-2396
Docket Number: 2006-30101
Date: June 5, 2014
Citation: 2014-Ohio-2354
Docket Number: 2012-1924
Justia Opinion Summary: The Cincinnati Enquirer filed two original actions in the Supreme Court seeking extraordinary writs. In the first case, the Enquirer sought a writ of mandamus to compel the county court judge to vacate his order sealing…
Date: June 5, 2014
Citation: 2014-Ohio-2353
Docket Number: 2013-0693
Justia Opinion Summary: Sonya Jackson, an inmate, was represented by Assistant State Public Defender Dennis Pusateri when she filed a complaint for writ of mandamus alleging that she was entitled to parole. Pusateri allowed the magistrate to…
Date: June 5, 2014
Citation: 2014-Ohio-2348
Docket Number: 2013-1567
Date: June 4, 2014
Citation: 2014-Ohio-2329
Docket Number: 2013-0881
Justia Opinion Summary: Appellant submitted requests for the personnel records of six employees of the West Licking Fire District to Appellee, the person responsible for public records for the district. Less than three business days after he…
Date: May 29, 2014
Citation: 2014-Ohio-2139
Docket Number: 2013-0544
Justia Opinion Summary: After a jury trial, Defendant was found guilty of tampering with evidence in violation of Ohio Rev. Code 2921.12(A). The appellate court reversed, concluding (1) for a defendant to be guilty of violating section…
Date: May 29, 2014
Citation: 2014-Ohio-2124
Docket Number: 2013-1403
Justia Opinion Summary: Appellant pled guilty to two counts on which he was indicted. Appellant later filed a motion seeking to withdraw his guilty plea. The trial court overruled the motion and then sentenced Appellant. The court of appeals…
Date: May 28, 2014
Citation: 2014-Ohio-2140
Docket Number: 2013-0096
Justia Opinion Summary: Erin McCardle and Leatrice Tolls, protesters involved in the Occupy Cleveland movement in the Public Square area of Cleveland, were arrested and charged with a curfew violation under Cleveland Codified Ordinances…
Date: May 28, 2014
Citation: 2014-Ohio-2123
Docket Number: 2013-1621
Date: May 27, 2014
Citation: 2014-Ohio-2127
Docket Number: 2013-1246
Date: May 23, 2014
Citation: 2014-Ohio-2172
Docket Number: 2012-1719
Date: May 21, 2014
Citation: 2014-Ohio-2102
Docket Number: 2009-1292
Date: May 21, 2014
Citation: 2014-Ohio-2111
Docket Number: 2013-0348
Date: May 21, 2014
Citation: 2014-Ohio-2112
Docket Number: 2013-0349
Date: May 15, 2014
Citation: 2014-Ohio-1940
Docket Number: 2012-1432
Justia Opinion Summary: East Bank Condominiums II, LLC filed valuation complaints challenging the county auditor’s assessment of twenty-one units in a condominium complex owned by East Bank. The county auditor valued each unit as a separate…
Date: May 15, 2014
Citation: 2014-Ohio-1984
Docket Number: 2012-2110
Justia Opinion Summary: Appellant-mortgagee filed a complaint seeking to foreclose on property owned by Appellees-mortgagors. The district court granted summary judgment in favor of Appellant. The court of appeals dismissed Appellees’ appeal,…
Date: May 14, 2014
Citation: 2014-Ohio-1942
Docket Number: 2010-0576
Justia Opinion Summary: Defendant was convicted of the aggravated murders of his former mother-in-law, his five-year-old daughter, and his three-year-old son. The trial court sentenced Defendant to death for each of the three aggravated…
Date: May 14, 2014
Citation: 2014-Ohio-1937
Docket Number: 2012-1722
Justia Opinion Summary: In 1990, construction was completed on a condominium development. In 2003, the Oaktree Condominium Association (“Oaktree”) discovered that there was a defect in the construction. In 2007, Oaktree filed an action against…
Date: May 13, 2014
Citation: 2014-Ohio-1966
Docket Number: 2010-0854
Justia Opinion Summary: Defendant pled guilty to the murders of two women and to two counts of abuse of a corpse. After a jury trial, Defendant was convicted of aggravated murder with death specifications for the deaths of two girls. The trial…
Date: May 13, 2014
Citation: 2014-Ohio-1932
Docket Number: 2012-2003
Justia Opinion Summary: Appellants were convicted of engaging in a pattern of corrupt activity under Ohio’s version of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) for their involvement in the sale of drugs. The total…
Date: May 13, 2014
Citation: 2014-Ohio-1931
Docket Number: 2013-0293
Justia Opinion Summary: James Navratil Development Company (JNDC) filed a valuation complaint. The Board of Tax Appeals (BTA) remanded the cause and ordered the Medina County Board of Revision to dismiss the complaint for lack of jurisdiction…
Date: May 13, 2014
Citation: 2014-Ohio-2016
Docket Number: 2014-0542
Date: May 8, 2014
Citation: 2014-Ohio-1914
Docket Number: 2008-2370
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of aggravated murder and sentenced to death. The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion in finding that Appellant was…
Date: May 8, 2014
Citation: 2014-Ohio-1908
Docket Number: 2012-1700
Date: May 8, 2014
Citation: 2014-Ohio-1909
Docket Number: 2012-1826
Justia Opinion Summary: Between 1996 and 2003, Appellant filed several workers’ compensation claims, which were allowed for certain conditions. Appellant subsequently filed two applications for permanent-total-disability compensation. The…
Date: May 8, 2014
Citation: 2014-Ohio-1913
Docket Number: 2013-0021
Justia Opinion Summary: A colorectal surgeon and a surgical resident at a hospital (collectively, Defendants), performed abdominal surgery on Plaintiff in 2007. In 2009, Plaintiff filed a medical malpractice claim against Defendants, alleging…
Date: May 7, 2014
Citation: 2014-Ohio-1894
Docket Number: 2012-1499
Justia Opinion Summary: Robert Corlew was an employee of Honda of America Manufacturing, Inc. when he was injured while working. Honda’s long-term-disability insurance carrier eventually determined that Corlew was not eligible for ongoing…
Date: May 7, 2014
Citation: 2014-Ohio-1904
Docket Number: 2012-1755
Justia Opinion Summary: Robert Sheppard was injured while working for Employer. After Sheppard retired, he filed an application for permanent-total-disability (PTD) compensation, which a staff hearing officer granted. Employer filed a request…
Date: May 7, 2014
Citation: 2014-Ohio-1884
Docket Number: 2013-1334
Date: May 7, 2014
Citation: 2014-Ohio-1907
Docket Number: 2013-1353
Date: April 22, 2014
Citation: 2014-Ohio-1615
Docket Number: 2011-0538
Justia Opinion Summary: While on parole from a prior conviction of murder, Appellant committed murder. After a trial in 1984, a three-judge panel found Appellant guilty of aggravated murder with a prior-conviction specification and sentenced…
Date: April 22, 2014
Citation: 2014-Ohio-1611
Docket Number: 2013-0569
Date: April 22, 2014
Citation: 2014-Ohio-1612
Docket Number: 2013-0992
Justia Opinion Summary: Appellant was charged with aggravated murder, and his case was assigned to the docket of Common Plea Court Judge Thomas Nurre. A visiting judge, Judge Donald Schott, was assigned to preside over the trial. The jury found…
Date: April 21, 2014
Citation: 2014-Ohio-1685
Docket Number: 2014-0504
Justia Opinion Summary: Appellant submitted a declaration of candidacy to run in the May 6, 2014 primary for an elected position on the Democratic Party State Central Committee and, along with the declaration, submitted a nominating petition…
Date: April 17, 2014
Citation: 2014-Ohio-1604
Docket Number: 2012-1786
Justia Opinion Summary: Appellant was injured when he fell from a ladder as he was working on a billboard in the course and scope of his employment with Employer. Appellant sought an award for violation of a specific safety requirement (VSSR),…
Date: April 17, 2014
Citation: 2014-Ohio-1574
Docket Number: 2013-0186
Justia Opinion Summary: Defendant was charged with, inter alia, operating a vehicle while intoxicated (OVI). Defendant filed a motion to suppress the evidence obtained during the traffic stop. The trial court denied the motion to suppress,…
Date: April 17, 2014
Citation: 2014-Ohio-1562
Docket Number: 2013-0714
Justia Opinion Summary: Appellant was found guilty of four felonies, with forfeiture specifications, for running a marijuana-distribution operation out of a building he and his brothers owned on Scranton Road. Common Pleas Court Judge Nancy…
Date: April 17, 2014
Citation: 2014-Ohio-1563
Docket Number: 2013-0952
Date: April 16, 2014
Citation: 2014-Ohio-1588
Docket Number: 2012-1542
Justia Opinion Summary: In 2005, real property owned by Roger and Sharon Barkoff was sold for $1.4 million. In 2008, after performing the reappraisal that the law required every six years, the Summit County Fiscal Officer determined the value…
Date: April 16, 2014
Citation: 2014-Ohio-1564
Docket Number: 2013-0633
Justia Opinion Summary: Greg Bell and his attorney, Philip Cramer, were party and counsel in court proceedings originating from an appropriation action filed by the Madison County Board of Commissioners against Bell and his wife to acquire a…
Date: April 16, 2014
Citation: 2014-Ohio-1587
Docket Number: 2013-1228
Justia Opinion Summary: Appellant was convicted of rape he committed in 1983. In 2009, while out of prison on parole, Appellant committed two theft offenses at a gas station. Appellant subsequently pled guilty to two misdemeanor offenses of…
Date: April 15, 2014
Citation: 2014-Ohio-1532
Docket Number: 2012-0668
Justia Opinion Summary: Buckeye Energy Brokers, a certified provider of competitive retail electric service a competitive retail natural-gas service, filed an amended complaint with the Public Utilities Commission of Ohio against Palmer Energy…
Date: April 15, 2014
Citation: 2014-Ohio-1560
Docket Number: 2012-1554
Justia Opinion Summary: In 2006, Appellant injured her lower back while working for Employer, who was self-insured. Later that year, Employer discharged Appellant for violating the company’s absenteeism policy and failing to accept the…
Date: April 9, 2014
Citation: 2014-Ohio-2154
Docket Number: 14-AP-022
Date: April 3, 2014
Citation: 2014-Ohio-1417
Docket Number: 2014-0359
Justia Opinion Summary: On December 30, 2013, Steven Linnabary filed a declaration of candidacy and nominating petition to run in the Libertarian primary for the office of attorney general. Secretary of State Jon Husted certified Linnabary’s…
Date: April 2, 2014
Citation: 2014-Ohio-1406
Docket Number: 2014-0374
Justia Opinion Summary: In 2013, the Supreme Court ousted George Maier as sheriff of Stark County based on Maier’s failure to meet the employment qualifications. Maier subsequently went back to work full-time for Harrison County as a deputy…
Date: March 31, 2014
Citation: 2014-Ohio-1250
Docket Number: 2014-0116
Date: March 27, 2014
Citation: 2014-Ohio-1199
Docket Number: 2012-1719
Date: March 27, 2014
Citation: 2014-Ohio-1172
Docket Number: 2013-0585
Date: March 27, 2014
Citation: 2014-Ohio-1196
Docket Number: 2014-0258
Date: March 26, 2014
Citation: 2014-Ohio-1127
Docket Number: 2012-1714
Date: March 26, 2014
Citation: 2014-Ohio-1161
Docket Number: 2012-2113
Justia Opinion Summary: In this divorce action, the trial court concluded that Husband’s unvested military benefits could not be divided because the military retirement benefits were a “mere expectancy.” The court of appeals affirmed,…
Date: March 26, 2014
Citation: 2014-Ohio-1128
Docket Number: 2013-0573
Date: March 25, 2014
Citation: 2014-Ohio-1052
Docket Number: 2012-1774
Justia Opinion Summary: William Glick filed a class action suit against Raymond Wohl, in his official capacity of the clerk of the municipal court, among other defendants, seeking declaratory and equitable relief related to Glick's municipal…
Date: March 25, 2014
Citation: 2014-Ohio-1051
Docket Number: 2013-0581
Date: March 24, 2014
Citation: 2014-Ohio-1097
Docket Number: 2008-2493
Date: March 24, 2014
Citation: 2014-Ohio-1095
Docket Number: 2014-0253
Date: March 20, 2014
Citation: 2014-Ohio-1019
Docket Number: 2007-0755
Justia Opinion Summary: After a jury trial, Defendant was found guilty of the aggravated murder of Nichole McCorkle and sentenced to death. The Supreme Court affirmed the judgment of conviction and the sentence of death, holding, among other…
Date: March 20, 2014
Citation: 2014-Ohio-1022
Docket Number: 2013-1269
Justia Opinion Summary: After a jury trial, Appellant was convicted of a number of offenses, including two counts of aggravated murder with capital specifications. Appellant was sentenced to life imprisonment. Appellant subsequently filed…
Date: March 19, 2014
Citation: 2014-Ohio-1813
Docket Number: 14-AP-012
Date: March 19, 2014
Citation: 2014-Ohio-1011
Docket Number: 2012-1589
Justia Opinion Summary: Panther II Transportation, Inc. (Appellee) requested refunds for tax years 2005 and 2006, claiming that state law exempted it from the imposition of a local income tax on its net profit. The Board of Tax Appeals (BTA)…
Date: March 19, 2014
Citation: 2014-Ohio-1018
Docket Number: 2013-0280
Justia Opinion Summary: In February 2013, the police chief of the Akron Police Department appointed Charles Brown as “acting chief of police,” a temporary assignment by the chief of police to administer the division of police during his…
Date: March 17, 2014
Citation: 2014-Ohio-947
Docket Number: 2010-1463
Date: March 17, 2014
Citation: 2014-Ohio-914
Docket Number: 2013-0812
Date: March 17, 2014
Citation: 2014-Ohio-915
Docket Number: 2013-0896
Date: March 17, 2014
Citation: 2014-Ohio-912
Docket Number: 2013-2034
Date: March 13, 2014
Citation: 2014-Ohio-812
Docket Number: 2012-1688
Justia Opinion Summary: In 2010, the juvenile court found H.V. to be delinquent and committed him to a minimum six-month term commitment to the Ohio Department of Youth Services (ODYS). H.V. was subsequently placed on supervised release.…
Date: March 13, 2014
Citation: 2014-Ohio-870
Docket Number: 2013-0223
Date: March 13, 2014
Citation: 2014-Ohio-869
Docket Number: 2013-1159
Justia Opinion Summary: Appellant was ordered to pay restitution to several victims as part of his sentence for a criminal conviction. Thereafter, Appellant filed a petition for a writ of mandamus seeking public records, claiming that despite…
Date: March 12, 2014
Citation: 2014-Ohio-849
Docket Number: 2012-1410
Justia Opinion Summary: Appellant was charged with several offenses stemming from two separate shootings. Appellant was age seventeen when the offenses were committed. After a jury trial, Appellant was convicted of two counts of aggravated…
Date: March 12, 2014
Citation: 2014-Ohio-850
Docket Number: 2013-0571
Date: March 11, 2014
Citation: 2014-Ohio-853
Docket Number: 2012-1015
Justia Opinion Summary: In 2006, U-Store-It, L.P. acquired several self-storage facilities in Franklin County in a bulk purchase. The Board of Tax Appeals (BTA) adopted the 2006 sale prices as the value of those properties for the 2006 tax…
Date: March 11, 2014
Citation: 2014-Ohio-851
Docket Number: 2013-0222
Date: March 6, 2014
Citation: 2014-Ohio-783
Docket Number: 2012-1958
Justia Opinion Summary: Appellee was charged with criminal child enticement. The complaint alleged that Appellee had asked a child to carry some boxes to his apartment in exchange for money, which conduct allegedly constituted a violation of…
Date: March 6, 2014
Citation: 2014-Ohio-789
Docket Number: 2013-0091
Justia Opinion Summary: Defendants executed a promissory note in favor of FirstMerit Bank secured by a mortgage on several parcels of real estate. After Defendants defaulted on the promissory note, FirstBank initiated foreclosure proceedings.…
Date: March 6, 2014
Citation: 2014-Ohio-785
Docket Number: 2013-0095
Justia Opinion Summary: Defendant pled guilty to a third-degree felony violation of former Ohio Rev. Code 4511.19(A), which resulted in his fourth DUI conviction and second felony DUI conviction. Defendant was sentenced to a term of…
Date: March 5, 2014
Citation: 2014-Ohio-750
Docket Number: 2012-1727
Justia Opinion Summary: In 2010, Appellee was convicted of a drug offense and a related offense and sentenced to eleven years in prison. In late 2010, Appellee’s convictions were reversed. Appellee was released on bond and the charges against…
Date: March 5, 2014
Citation: 2014-Ohio-770
Docket Number: 2013-0332
Justia Opinion Summary: Defendant pled no contest to aggravated robbery, robbery, and aggravated possession of drugs. The sentencing court imposed a term of imprisonment and $19,000 in fines. Defendant appealed his sentence, and Defendant’s…
Date: March 5, 2014
Citation: 2014-Ohio-769
Docket Number: 2013-0859
Justia Opinion Summary: Appellant, an inmate, filed a motion for leave to amend his omnibus motion, which the trial court did not rule on. The court of appeals remanded for a ruling on the motion, but the court’s entry mistakenly indicated…
Date: March 4, 2014
Citation: 2014-Ohio-773
Docket Number: 2014-0135
Date: March 4, 2014
Citation: 2014-Ohio-781
Docket Numbers: 2014-0136, 2014-1403
Date: March 4, 2014
Citation: 2014-Ohio-782
Docket Number: 2014-0138
Date: February 25, 2014
Citation: 2014-Ohio-647
Docket Number: 2012-2073
Date: February 20, 2014
Citation: 2014-Ohio-523
Docket Number: 2012-0725
Justia Opinion Summary: Appellant purchased property in 2004 for $7.4 million. For the tax-year 2006, the County auditor set the value at $8 million. Appellant filed a complaint with the County Board of Revision (BOR) seeking a decrease in…
Date: February 20, 2014
Citation: 2014-Ohio-546
Docket Number: 2012-1827
Justia Opinion Summary: Appellant had been employed as a nurse with Progressive Parma Care, LLC since 1995. During her tenure at Parma Care, Appellant was disciplined on several occasions. On April 10, 2008, Appellant was injured at work. On…
Date: February 20, 2014
Citation: 2014-Ohio-522
Docket Number: 2013-0575
Date: February 20, 2014
Citation: 2014-Ohio-574
Docket Number: 2013-0666
Date: February 20, 2014
Citation: 2014-Ohio-544
Docket Number: 2013-1118
Justia Opinion Summary: In 2003, Appellant was tried on charges of aggravated burglary and rape. A mistrial was declared due to a hung jury. After a retrial in 2005, Appellant was convicted by a jury of both charges. Appellant’s convictions…
Date: February 19, 2014
Citation: 2014-Ohio-541
Docket Number: 2012-1670
Justia Opinion Summary: Appellant was injured while working for Employer. Appellant’s workers’ compensation claim was allowed for a dislocated left shoulder and a torn left rotator cuff, among other injuries. Appellant later requested…
Date: February 19, 2014
Citation: 2014-Ohio-538
Docket Number: 2012-1704
Justia Opinion Summary: Appellant made a public-records request to the City of South Euclid. After the City failed to respond to the request for nearly six months, Appellant filed a claim for a writ of mandamus. The writ claim became moot when…
Date: February 19, 2014
Citation: 2014-Ohio-542
Docket Number: 2012-1834
Justia Opinion Summary: In 2003, Appellant was arrested and charged with the murder of Amber Zurcher. The trial court granted a mistrial on Appellant’s first trial. Several trials followed, and after a fifth trial, another mistrial was…
Date: February 19, 2014
Citation: 2014-Ohio-539
Docket Number: 2012-1893
Justia Opinion Summary: Appellant made a public-records request to the City of South Euclid in care of the clerk of the city council. The clerk stated that he would forward the requested information, but because of an internal breakdown in…
Date: February 18, 2014
Citation: 2014-Ohio-512
Docket Number: 2009-1663
Date: February 18, 2014
Citation: 2014-Ohio-513
Docket Number: 2012-0734
Justia Opinion Summary: George Smith suffered an injury while working for Ohio State University. The Industrial Commission of Ohio allowed Smith’s claim for bilateral inguinal hernia. Tragically, Smith suffered brain damage resulting from…
Date: February 18, 2014
Citation: 2014-Ohio-515
Docket Number: 2013-0647
Date: February 13, 2014
Citation: 2014-Ohio-462
Docket Number: 2012-0187
Justia Opinion Summary: The Public Utilities Commission ("PUCO") approved of the first electric security plan of American Electric Power operating companies (collectively, “AEP”). The Supreme Court held that the Commission committed reversible…
Date: February 13, 2014
Citation: 2014-Ohio-460
Docket Number: 2012-2136
Justia Opinion Summary: Defendant stole $550 worth of merchandise from a department store. At that time, Ohio Rev. Code 2913.02 classified that theft offense as a felony. Prior to sentencing, however, the General Assembly enacted H.B. 86, which…
Date: February 13, 2014
Citation: 2014-Ohio-459
Docket Number: 2013-0696
Justia Opinion Summary: In 2003, Defendant pleaded guilty to aggravation with a firearm specification. The State and Defendant later agreed that Defendant could withdraw his guilty plea and instead plead guilty to aggravated robbery without a…
Date: February 13, 2014
Citation: 2014-Ohio-458
Docket Number: 2013-1051
Justia Opinion Summary: After a jury trial, Appellant was found guilty of operating a motor vehicle under the influence of alcohol, among other offenses. Judge Patricia Oney sentenced Appellant was sentenced to seven years’ incarceration.…
Date: February 12, 2014
Citation: 2014-Ohio-455
Docket Number: 2012-1600
Justia Opinion Summary: Plaintiff was visiting a friend, who was a tenant at an apartment building owned by Defendant, when Plaintiff suffered an injury while descending the common area stairs. Plaintiff sued Defendant, alleging that Defendant…
Date: February 12, 2014
Citation: 2014-Ohio-451
Docket Number: 2012-1741
Justia Opinion Summary: Appellant pleaded guilty a violation of Ohio’s RICO statute and a predicate offense of trafficking in marijuana. The trial court imposed a six-year sentence for the RICO offense and an eight-year sentence for the…
Date: February 12, 2014
Citation: 2014-Ohio-452
Docket Number: 2012-1994
Justia Opinion Summary: After a car accident involving David Fraley and Timothy Oeding, Oeding’s insurer (“Auto-Owners”) placed an investigative hold on Fraley’s truck for several months. Fraley filed a negligence action against Oeding’s…
Date: February 12, 2014
Citation: 2014-Ohio-453
Docket Number: 2013-1240
Justia Opinion Summary: In September 1991, Appellant was convicted in federal court of criminal offenses and sentenced to federal prison. Meanwhile, in January 1991, the Crawford County Sheriff’s Department served a warrant on Appellant for his…
Date: February 11, 2014
Citation: 2014-Ohio-475
Docket Number: 2013-2019
Date: January 27, 2014
Citation: 2014-Ohio-229
Docket Number: 2013-0999
Date: January 24, 2014
Citation: 2014-Ohio-243
Docket Number: 2013-0530
Justia Opinion Summary: The Village of Richfield petitioned in municipal court to unseal certain criminal records, claiming that the records were improperly sealed under Ohio Rev. Code 2953.52. Judge Kathryn Michael, the presiding judge of the…
Date: January 23, 2014
Citation: 2014-Ohio-101
Docket Number: 2013-1247
Date: January 22, 2014
Citation: 2014-Ohio-98
Docket Number: 2012-1971
Justia Opinion Summary: Cheryl and John Gallenstein, Kentucky residents, purchased a boat in Indiana. The couple docked their boat in Indiana but chose Cincinnati as the hailing port. In 2003, the Division of Watercraft of the Ohio Department…
Date: January 22, 2014
Citation: 2014-Ohio-106
Docket Number: 2013-1066
Justia Opinion Summary: In 2005, Appellant was convicted of murder and sentenced to serve twenty-five years to life. In 2012, the common pleas court judge overruled Appellant’s motion in arrest of judgment. In 2013, Appellant filed a petition…
Date: January 21, 2014
Citation: 2014-Ohio-86
Docket Number: 2012-1616
Justia Opinion Summary: At issue in this case was Ohio Rev. Code 4921.25, which grants the Public Utilities Commission of Ohio (PUCO) authority to regulate towing companies as “for-hire motor carriers.” The City of Cleveland filed an action…
Date: January 21, 2014
Citation: 2014-Ohio-104
Docket Number: 2012-2107
Justia Opinion Summary: In 2008, the county auditor assigned a value of approximately $5 million to certain property located in the Mason City School District. The former owner of the property subsequently filed a valuation complaint seeking a…
Date: January 21, 2014
Citation: 2014-Ohio-54
Docket Number: 2013-0922
Date: January 16, 2014
Citation: 2014-Ohio-85
Docket Number: 2012-1782
Justia Opinion Summary: A grand jury indicted Defendant for felonious assault and domestic violence. During a bench trial, the victim testified that Defendant was her boyfriend and had lived with her for about a year. The trial court found…
Date: January 16, 2014
Citation: 2014-Ohio-48
Docket Number: 2013-0839
Justia Opinion Summary: Appellant filed a motion for reclassification of his sex-offender status based on the Supreme Court’s decision in State v. Williams, which held that it was unconstitutional to apply sex-offender classifications under…
Date: January 15, 2014
Citation: 2014-Ohio-84
Docket Number: 2012-0815
Justia Opinion Summary: Appellant sustained a work-related injury and collected temporary total disability (TTD) compensation on her claim for certain injuries. Appellant later filed an application to add a psychological condition to her claim,…
Date: January 15, 2014
Citation: 2014-Ohio-44
Docket Number: 2012-1861
Justia Opinion Summary: Defendant was charged with felony domestic violence, which contained an allegation that Defendant had been previously convicted of two offenses of domestic violence. After a jury trial, Defendant was convicted of…
Date: January 14, 2014
Citation: 2014-Ohio-60
Docket Number: 2013-0572
Date: January 14, 2014
Citation: 2014-Ohio-43
Docket Number: 2013-1084
Justia Opinion Summary: Appellant pled guilty to several felonies. On March 11, 2002, the common pleas court entered a judgment entry of sentence. Eleven years later, Appellant filed a petition for writs of mandamus and prohibition, arguing…
Date: January 8, 2014
Citation: 2014-Ohio-14
Docket Number: 2013-1885
Date: January 8, 2014
Citation: 2014-Ohio-15
Docket Number: 2013-1944
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