Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list.  Not a member?  Join today!

March 22, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Zoning
- Attorney Misconduct - Estate Funds
- Attorney Misconduct - competent to handle
- Writ of mandamus - jury demand
- Attorney Misconduct - accepting a bribe as a public official
- Attorney Misconduct - not adequately prepared
- Attorney Misconduct - personal interest
- Title insurance
- Workers' compensation - Safety requirements
- Real-property taxation - arm's-length sale
- Workers' compensation - temporary total disability compensation
- Protection Order
- Sentencing - prison term not previously served
- Sentencing - Unconstitutional Statute
- Frivolous appeal
- Felony - Contraband
- Debt Collection
- Arbitration Awards
 

Ohio Supreme Court

 

State ex rel. Brown v. Butler Cty. Bd. of Elections (March 22, 2006) (2006-Ohio-1292)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1292.pdf
-  Writ of prohibition denied * Summary of zoning amendment in referendum petition accurately described the resolution * Map attached to referendum petition was not misleading * Board of elections did not act in an arbitrary, unconscionable, or unreasonable manner in denying protest and placing the resolution on the May 2, 2006 ballot.
 
Akron Bar Assn. v. Dietz (March 22, 2006) (2006-Ohio-1067)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1067.pdf
-  Attorneys at law * Misconduct * Conduct involving moral turpitude * Conduct prejudicial to the administration of justice*Conduct involving dishonesty, deceit, fraud, or misrepresentation * Conduct adversely reflecting on fitness to practice law * Commingling * Failure to maintain records and accounts * Failure to cooperate in disciplinary proceedings*Indefinite suspension.
 
Erie-Huron Counties Joint Certified Grievance Commt. v. Huber (March 22, 2006) (2006-Ohio-1066)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1066.pdf
-  Attorneys at law * Misconduct * Neglect of an entrusted legal matter * Conduct adversely reflecting on fitness to practice law * Conduct involving fraud, deceit, dishonesty, or misrepresentation * Accepting a case beyond one's competence * Failure to warn clients of lack of malpractice insurance * Failure to cooperate in disciplinary proceedings.
 
State ex rel. Montgomery Cty. Pub. Defender v. Siroki (March 22, 2006) (2006-Ohio-1065)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1065.pdf
-  Writ of mandamus sought to compel mayor's court clerk to file a jury demand * Court of appeals' denial of writ reversed and writ granted.
 
Disciplinary Counsel v. Phillips (March 22, 2006) (2006-Ohio-1064)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1064.pdf
-  Attorneys at law * Misconduct * Conduct involving moral turpitude * Conduct prejudicial to the administration of justice * Conduct involving dishonesty, deceit, fraud, or misrepresentation * Making false statements of fact * Illegal conduct * Impermissibly communicating with a represented party * Accepting a bribe as a public official * Professing ability to improperly influence a judge * Disbarment.
 
Dayton Bar Assn. v. Stephan (March 22, 2006) (2006-Ohio-1063)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1063.pdf
-  Attorneys at law * Misconduct * Two-year suspension, with entire suspension stayed on conditions * Neglecting entrusted legal matter * Handling a legal matter without adequate preparation * Engaging in conduct adversely reflecting on attorney's fitness to practice law.
 
Disciplinary Counsel v. Krieger (March 22, 2006) (2006-Ohio-1062)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1062.pdf
-  Attorneys at law * Misconduct * Conduct prejudicial to the administration of justice * Conduct involving dishonesty, deceit, fraud, or misrepresentation * Conduct adversely reflecting on fitness to practice law * Accepting employment when the lawyer's judgment might be affected by personal interest * Providing financial assistance to client * Two-year suspension, with one year stayed.
 
Simon v. Commonwealth Land Title Ins. Co. (March 22, 2006) (2006-Ohio-1061)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1061.pdf
-  Title insurance * Enforceability of arbitration clause * Court of appeals' judgment affirmed on the authority of Henderson v. Lawyers Title Ins. Corp.
 
State ex rel. Danstar Builders, Inc. v. Indus. Comm. (March 22, 2006) (2006-Ohio-1060)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1060.pdf
-  Workers' compensation * Violations of specific safety requirements * Compliance with rules of Occupational Safety and Health Administration immaterial to violations of Ohio Administrative Code*Alleged intoxication of employee not shown to have been proximate cause of accident * Determination of which employer is responsible for violations.
 
Lakota Local School Dist. Bd. of Edn. v. Butler Cty. Bd. of Revision (March 22, 2006) (2006-Ohio-1059)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1059.pdf
-  Real-property taxation * True value * O.R.C. 5713.03 * Recent arm's-length sale is best evidence of value * Although it had the burden of proof before the board of revision, the board of education failed to present evidence to show that recent sale was not an arm's-length sale. Thus, the Board of Tax Appeals erred in ruling in the board of education's favor.
 
State ex rel. Sellards v. Indus. Comm. (March 22, 2006) (2006-Ohio-1058)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1058.pdf
-  Workers' compensation * Determination of maximum medical improvement * Physician's finding of maximum medical improvement does not support denial of temporary total disability compensation when finding is contemporaneous with commission's approval of claimant's treatment plan * Judgment reversed.
 

First District Court of Appeals

[Search Other Ohio Districts]
 

*** JUDGMENT ENTRIES ***
 
State v. Robbins
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040715.pdf
-  Robbins was convicted under O.R.C. 2919.27(A)(1) of recklessly violating the terms of an ex parte protection order issued pursuant to O.R.C. 3113.31. Robbins argues that the trial court erred in convicting him of violating an "invalid and/or unconstitutional" protection order and that his conviction was based upon insufficient evidence.  Judgment REVERSED.
 
State v. Hundley
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040880.pdf
-  Hundley lost control of his vehicle, hit a utility pole, and killed all four of his passengers.  He appeals his conviction and the sentence imposed, following a trial in which the jury found him guilty.  Hundley challenges the weight and the sufficiency of the evidence produced at trial to support his conviction. Hundley claims the trial court committed two sentencing errors.  He argues that because he had not previously served a prison term, O.R.C. 2929.14(B) precluded the trial court from imposing more than the shortest prison term for each offense.  Judgment AFFIRMED, but sentence imposed is VACATED and REMANDED to the trial court for resentencing.
 
State v. Ruffin
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050171.pdf
-  Ruffin pleaded guilty to six counts of burglary.  The trial court sentenced Ruffin to three years on each count, consecutively, for a total of 18 years in prison. In light of State v. Foster, 2006-Ohio-856, the court sustains Ruffin's assignment of error, VACATES the sentence, and REMANDS the case for resentencing.
 
State v. Gentry
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050265.pdf
-  Gentry was charged with theft and forgery.  Pursuant to a plea agreement, Gentry entered a guilty plea to theft. In exchange, the state dismissed the forgery count. As required by ANDERS, counsel has given Gentry an opportunity to provide grounds for appeal.  Judgment AFFIRMED, appeal is frivolous.
 
In Re:  2000 Yamaha, VIN JYARN05EXYA001641, Seized From Trent Hill
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050353.pdf
-  Hill appeals from the trial court's judgment ordering forfeiture of a motorcycle that he used in the commission of a felony.  Hill contends that the trial court erred in failing to dismiss the state's forfeiture petition for failure to comply with the procedural requirements of O.R.C. 2933.43(C). He also argues that the trial court erred in ordering the forfeiture because the state failed to prove that the motorcycle was contraband.  Judgment AFFIRMED.
 
Arrow Financial Services, Assignee of Citibank v. Stephens
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050664.pdf
-  Stephens failed to pay $500 balance on a Citibank credit card. Arrow filed a complaint demanding judgment for the debt.  Arrow obtained a default judgment. Defendant filed a Civ.R. 60(B) motion for relief from judgment. The trial court denied the defendant's motion for relief from judgment.  She appeals, arguing that the judgment against her is void because she was not served with notice of the action; she further argues that Arrow did not comply with the rules regarding service of a motion for default judgment. Judgment AFFIRMED.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

Solvay Pharm Inc v. Duramed Phar Inc  (March 22, 2006) (Appeal from S.D. Ohio)
- http://www.ca6.uscourts.gov/opinions.pdf/06a0106p-06.pdf
- Duramed Pharmaceuticals appeals a decision of the district court confirming a $68 million arbitration award against it in favor of Solvay Pharmaceuticals. We AFFIRM.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

No Opinion.
 

Daily Case Updates