Recently in Ohio law Category

This post was written by Chuck Kallendorf: "The Ohio Supreme Court this morning announced its holding public commentary on amendments to the state's Rules of Practice that address the tolling of time for filing an appeal in the Supreme Court after a party seeks a full review by all members of an appeals court.

The Court's announcement reported that "Division (A)(5) of S.Ct. Prac. R. 2.2 was proposed in response to an amendment to the Rules of Appellate Procedure that permits a party to file a motion for en banc review with a court of appeals, which will toll the time for filing an appeal to the Supreme Court until the appeals court rules on the en banc motion..."

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Source: Hamilton County Law Library Blog, 8 March 2010. Reproduced with permission.

When Property Sold Twice Within Reasonable Time Before/After Lien Date

From the site: "2008-2408.  HIN, L.L.C. v. Cuyahoga Cty. Bd. of Revision, Slip Opinion No. 2010-Ohio-687.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-687.pdf

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In a decision announced today, the Supreme Court of Ohio ruled that when a property has been the subject of two arm's length sales between a willing buyer and seller within a reasonable length of time before or after the tax-lien date, the sale occurring closer in time to the tax lien date establishes the true value of the property for taxation purposes..."

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Source: The Supreme Court of Ohio, 4 March 2010

From the site: "2009-0558 and 2009-0649.  Bergman v. Monarch Constr. Co., Slip Opinion No. 2010-Ohio-622.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-622.pdf

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The Supreme Court of Ohio ruled today that in an employee-initiated action under the state's "prevailing wage" statute, when a court finds that a contractor has failed to pay workers the prevailing wage for work on a public improvement project, the court  must assess against the employer not only a judgment for the amount of the plaintiffs' underpaid wages, but also the financial penalties set forth in R.C. 4115.10(A), unless the violation falls under one of two exceptions set forth in R.C. 4115.13(C)."

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Source: The Supreme Court of Ohio, 2 March 2010

This post was written by Chuck Kallendorf: "The Ohio Attorney General's Office this morning reported that the state had issued a record 56, 691 concealed handgun licenses last year, topping the previous high of 45,497 set in 2004 when the concealed handgun law first went into effect and representing a 67 percent increase from the 33,864 licenses issued in 2008. (Report)

Explanations for the increase vary. A USAToday article said "Jeff Garvas, president of Ohioans for Concealed Carry, an advocacy group for the law, said he believes the record-setting numbers are primarily about the economic downturn..."

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Source: Hamilton County Law Library Blog, 1 March 2010. Reproduced with permission.

When Defendant Found Amenable to Rehabilitation in Juvenile System

From the site: "2008-1562.  In re M.P., Slip Opinion No. 2010-Ohio-599...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-599.pdf

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The Supreme Court of Ohio ruled today that an order of a juvenile court denying discretionary bindover of a juvenile offender for trial as an adult because the court finds the defendant is amenable to care or rehabilitation within the juvenile system is not a final order from which the state may appeal as a matter of right." 

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Source: The Supreme Court of Ohio, 25 February 2010.

This post was written by Chuck Kallendorf: "The Ohio supreme court announced the adoption of amendments to its rules for the appointment of counsel for indigent defendants in capital cases today. They take effect March 1. (Announcement)..."

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Source: Hamilton County Law Library Blog, 22 February 2010. Reproduced with permission.

Expert's Testimony Without Viewing U.S. Trademark Register Insufficient to Support Counterfeiting Conviction

From the site: "2008-2490.  State v. Troisi, Slip Opinion No. 2010-Ohio-275...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-275.pdf

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...The Supreme Court of Ohio today ruled that a trademark-investigation expert's testimony that he is aware that certain trademarks are registered but that he has never personally viewed the trademark-registration documents is insufficient to prove by itself that the trademarks are registered on the principal register in the United States Patent and Trademark Office as required for a conviction for trademark counterfeiting under R.C. 2913.34..."

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Conviction for Escape Does Not Require State to Show Postrelease Control Was Orally Announced at Sentencing

From the site: "2008-2119 and 2008-2172.  State v. Jordan, Slip Opinion No. 2010-Ohio-281.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-281.pdf

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...The Supreme Court of Ohio today ruled that, to obtain a conviction for the crime of escape for violating the terms of a post-release control order, the state may prove that a defendant was subject to postrelease control without proving that during a sentencing hearing the trial court orally notified the defendant that he would be subject to postrelease control. The Court's 5-2 decision was written by Chief Justice Thomas J. Moyer..."

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Source: The Supreme Court of Ohio, 4 February 2010

From the site: "2009-0014.  Estate of Graves v. Circleville, Slip Opinion No. 2010-Ohio-168.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-168.pdf

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The Supreme Court of Ohio ruled today that a common law doctrine known as the "public duty rule" does not immunize employees of a political subdivision from personal liability for injuries they cause in the performance of their official duties in cases where the injured party alleges that the employee engaged in "wanton or reckless conduct." The Court's 6-1 majority opinion, authored by Justice Maureen O'Connor, affirmed a decision of the 4^th District Court of Appeals."

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Source: Ohio Supreme Court, http://www.supremecourt.ohio.gov/ 28 January 2010

Court Agrees With AG's Reading of Law Banning Electronic Transmission of Pornography to Minors

From the site: "2009-0609.  Am. Booksellers Found. for Free Expression v. Cordray, Slip Opinion No. 2010-Ohio-149...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-149.pdf

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The Supreme Court of Ohio today agreed with the state attorney general's interpretation that a state law banning electronic transmission to minors of pornography or other material "harmful to juveniles" applies only to personally directed communications such as instant messaging, person-to-person emails and private chat rooms, and exempts from liability material that is posted on generally accessible websites and in public chatrooms."

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Court Rules Felonious Assault, Attempted Murder Are 'Allied Offenses' Subject to Single Sentence

From the site: "2008-2037. State v. Williams, Slip Opinion No. 2010-Ohio-147...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-147.pdf

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The Supreme Court of Ohio ruled today that pursuant to Ohio's multiple-count statute:

• a defendant's conviction for felonious assault based on causing serious physical harm [R.C. 2903.11(A)(2)] is an allied offense of an attempt to commit murder while committing an offense of violence [R.C. 2903.02(B) and 2923.02],
•  a defendant's conviction for felonious assault based upon causing or attempting to cause physical harm by means of a deadly weapon [R.C. 2903.11(A)(2)] is an allied offense of attempted murder [R.C. 2093.02(B)], and
•  therefore these respective counts of felonious assault merge with the respective counts of attempted murder."

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Source: The Supreme Court of Ohio, 27 January 2009

This post was written by Chuck Kallendorf: "Ohio has 88 counties. It also has as many different sets of domestic relations divorce and dissolution forms but currently no standardized forms across the state -- but that's soon going to change.

The Ohio Supreme Court announced Tuesday that a subcommittee of its Advisory Committee on Children, Families & the Courts, has developed a set of forms which have now been published for perusal & public comment.

All domestic relations courts in Ohio would accept the new standardized forms, as well as their own local forms, according to the Court's announcement..."

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Source: Hamilton County Law Library Blog, 21 January 2010 Reproduced with permission.