Supreme Court Shares Steps to Fight Record Overdoses
By
Csaba Sukosd | January 27, 2022
The Specialized Dockets Section has highlighted four tactics to help local
courts prevent and, if necessary, treat overdoses.
On the heels of the state’s deadliest year of overdoses in 2020, the
Supreme Court of Ohio is leading the charge for local courts.
The Supreme Court’s
Specialized Docket Section produced a
multi-faceted guide providing best practices for Ohio courts to combat the
record-setting number of overdoses that have occurred amid the COVID-19
pandemic. The resource offers strategies for how courts can assist individuals
dealing with addiction. The material was approved by the Commission on
Specialized Dockets on Dec. 16.
“During this very challenging period, we must do everything we can to help
those who come before our courts struggling with substance use issues,” said
Chief Justice Maureen O’Connor. “The Court’s guide equips judges and their
staffs with a series of options since there are so many different paths to
recovery.”
According to the
Ohio Department of Health, nearly 5,200 Ohioans died from an overdose in
2020. That was up 24% from the year prior, with 81% of those cases involving
fentanyl. Unintentional overdoses appeared to be on the decline from the peak
of 5,006 in 2017. To illustrate the general rise in fatal overdoses in Ohio
over the past decade, there were 1,822 in 2011.
The Court is highlighting a four-part approach to treating those who enter
the justice system with substance use concerns.
Assessment and Resource Allocation
An initial strategy is employing the
risk, need, and responsivity (RNR) model. RNR is an evidence-based,
three-step process to determine when a person accused of a crime requires more
time and services, targeting needs – lack of food, housing, employment – that
fuel criminal behavior, and how courts can intervene.
The Ohio Judicial College has an
on-demand introductory course that explains the basics of RNR.
‘Specialized’ Care
For courts that have treatment programs, referrals from a general docket to a
specialized docket connects those in need with a certified system to aid
in recovery. The therapeutic-oriented approach that provides court supervision
as an alternative to incarceration aims to increase engagement in treatment
and reduce recidivism by those using drugs.
For jurisdictions that don’t have a drug or specialty court, the Court
suggests developing one.
Medication-Assisted Treatment (MAT)
Court-involved individuals with substance use issues combat underlying
conditions, including brain chemistry and mental health issues. These people
also often deal with physical withdrawal symptoms. The guide focuses on
utilizing
MAT during key transitional periods – such as incarceration – to reduce
the potential of an overdose upon release.
A journal by the National Association of Drug Court Professionals states
that 75% of people with opioid use disorder
relapse within three months of being released from jail, while less than
10% of that population enters treatment. A Health and Justice Journal study
shows the value of post-release. Those who received MAT following their
imprisonment had a
65% lower risk of recidivism than those who didn’t.
Bar Admissions Enters Digital Age
By
Csaba Sukosd | January 26, 2022
Moving forward, applicants seeking to practice law in Ohio must do so
through the Bar Admissions Portal.
It’s a new year and a convenient, new beginning for prospective Ohio
attorneys.
Starting today, the administrative process for admittance into the state’s
bar will be completed online.
The Supreme Court of Ohio’s
Office of Bar Admissions finished a transition, which began before the
pandemic, from a paper-only system to an
electronic one.
“This new format makes us more efficient, freeing us up to be more
available and pay attention to other things,” Attorney Services Director Gina
Palmer said.
The digital transition allows applicants to submit the required documents
electronically, and gives them the convenience of paying fees by credit card,
debit card, or an electronic bank transfer. Previously, the Supreme Court only
accepted cashier’s checks or money orders.
The procedure to determine whether candidates are eligible to pursue an
Ohio law license takes months. During that time, the Court investigates and
assesses if a person’s
character, fitness, and moral qualifications to practice in the state are
met.
If approved, those seeking to become attorneys must take, and pass, the
Ohio Bar Examination – administered every February and July.
CASE ANNOUNCEMENTS
March 26, 2018
[Cite as 03/26/2018 Case Announcements,
2018-Ohio-1082.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MARCH 26, 2018
The official versions of the opinions
listed below, which were previously
released as slip opinions, have been
published in the March 26, 2018 Ohio
Official Reports advance sheet. These
opinions should now be cited using the
Ohio Official Reports citation format.
2012-2026. State v. Thomas , 152 Ohio
St.3d 15, 2017-Ohio-8011 .
2016-0172 and 2016-0282. Cleveland v.
Oles , 152 Ohio St.3d 1, 2017-Ohio-5834
.
2016-1316. State ex rel. Alford v. Adult
Parole Auth. , 152 Ohio St.3d 35, 2017-
Ohio-8773 .
2016-1395. State v. Dye , 152 Ohio St.3d
11, 2017-Ohio-7823 .
2016-1834. Disciplinary Counsel v.
Schuman , 152 Ohio St.3d 47, 2017-Ohio-
8800 .
2017-0227. Stark Cty. Bar Assn. v.
Buttacavoli , 152 Ohio St.3d 53, 2017-
Ohio-8857 .
2017-0234. State ex rel. Martin v.
Buchanan , 152 Ohio St.3d 68, 2017-Ohio-
9163 .
2017-0383. State ex rel. Womack v. Sloan
, 152 Ohio St.3d 32, 2017-Ohio-8708 .
2017-0491. Columbus Bar Assn. v. McNeal
, 152 Ohio St.3d 37, 2017-Ohio-8775 .
2017-0541. Ohio State Bar Assn. v. Home
Advocate Trustees, L.L.C. , 152 Ohio
St.3d 60, 2017-Ohio-9108 .
2017-0543. Ohio State Bar Assn. v.
Century Negotiations, Inc. , 152 Ohio
St.3d 64, 2017-Ohio-9110 .
2017-0643. State ex rel. McKinney v.
Schmenk , 152 Ohio St.3d 70, 2017-Ohio-
9183 .
2017-0796. Disciplinary Counsel v.
Williams , 152 Ohio St.3d 57, 2017-Ohio-
9100 .
2017-1088. Disciplinary Counsel v.
Derryberry , 152 Ohio St.3d 41, 2017-
Ohio-8767 .
MOTION AND PROCEDURAL RULINGS
2017-1703. State v. Dangler.
Williams App. No. WM-16-010, 2017-Ohio-
7981. On appellee’s motion for
appointment of counsel. Motion granted.
Karin L. Coble is appointed to represent
appellee, contingent upon appellee’s
filing an affidavit of indigence within
20 days.
MISCELLANEOUS DISMISSALS
2017-1361. State ex rel. Hooper
Hydroelectric, Inc. v. Cuyahoga Cty.
Court of Common Pleas.
Cuyahoga App. No. 106177. On appellants’
application for dismissal. Application
granted. Cause dismissed.
CASE ANNOUNCEMENTS
March 23, 2018
[Cite as 03/23/2018 Case Announcements, 2018-
Ohio-1051.]
MOTION AND PROCEDURAL RULINGS
2018-0347. State v. McClellan.
Stark App. No. 2017CA00188, 2018-Ohio-398.
Appellant’s memorandum in support of jurisdiction
fails to comply with S.Ct.Prac.R. 7.02(B), which
requires that a memorandum “shall not exceed
fifteen numbered pages, exclusive of the table of
contents and the certificate of service.” Sua
sponte, pages 16 through 23 of the memorandum
in support of jurisdiction stricken.
SECOND CASE ANNOUNCEMENTS
March 23, 2018
[Cite as 03/23/2018 Case Announcements #2,
2018-Ohio-1050.]
MOTION AND PROCEDURAL RULINGS
2015-2111. Dulay v. Testa.
Board of Tax Appeals, No. 2014-2074. On joint
motion to defer oral argument and return the case
to mediation. Motion granted. The oral argument
scheduled before a master commissioner for
Tuesday, March 27, 2018, is vacated. The court
refers this case to mediation under S.Ct.Prac.R.
19.01 and stays all filing deadlines for the case
until further order of this court. The court will not
issue any decision on the merits of this case until
mediation has concluded.
CASE ANNOUNCEMENTS
February 15, 2017
[Cite as 02/15/2018 Case Announcements #2,
2018-Ohio-577.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-100. In re Disqualification of Berkowitz,
Slip Opinion No. 2017-Ohio-9426 (decided Oct. 5,
2017).
17-AP-107. In re Disqualification of Reinbold, Slip
Opinion No. 2017-Ohio-9427 (decided Nov. 20,
2017).
MOTION AND PROCEDURAL RULINGS
2016-1553. NRG Power Midwest, L.P. v. Lorain
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-874 and 2015-
890. On joint motion to remand. Motion granted.
The cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
2017-0915. State v. Romero.
Stark App. No. 2016CA00201, 2017-Ohio-2950.
On motion of the Ohio Public defender to stay
briefing and allow 30 days to file a jurisdictional
memorandum in response. Motion granted. The
Ohio Public Defender shall file a memorandum in
response to jurisdiction within 30 days. The
briefing schedule in this case is stayed, and the
clerk of court shall not accept for filing any merit
brief until further order of the court.
CASE ANNOUNCEMENTS
February 15, 2018
[Cite as 02/15/2018 Case Announcements, 2018-
Ohio-576.]
MERIT DECISIONS WITH OPINIONS*
2016-0788. Turner v. Hooks , Slip Opinion No.
2018-Ohio-556.
Ross App. No. 15-CA-3477, 2016-Ohio-3083.
Judgment reversed.
O’Donnell, Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only, with an
opinion.
O’Neill, J., dissents, with an opinion.
2016-1181. State ex rel. Robinson v. Adult Parole
Auth. , Slip Opinion No. 2018-Ohio-558.
Franklin App. No. 16AP-284. Cause dismissed.
O’Connor, C.J., and French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Donnell and Kennedy, JJ., concur in judgment
only.
CASE ANNOUNCEMENTS
February 13, 2018
[Cite as 02/13/2018 Case Announcements #2,
2018-Ohio-554.]
MOTION AND PROCEDURAL RULINGS
2015-1403. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-2777. On joint
indication of settlement. The parties shall file
within 14 days either an application to dismiss the
case or a notice of failure of settlement.
MISCELLANEOUS DISMISSALS
2017-0874. State ex rel. Kaplan v. Bozza.
In Mandamus. On relator’s application for
dismissal. Application granted. Cause dismissed.
CASE ANNOUNCEMENTS
February 13, 2018
[Cite as 02/13/2018 Case Announcements, 2018-
Ohio-553.]
MERIT DECISIONS WITH OPINIONS*
2015-1065. MDM Holdings, Inc. v. Cuyahoga Cty.
Bd. of Revision , Slip Opinion No. 2018-Ohio-541.
Board of Tax Appeals, No. 2015-60. Decision
reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., dissents.
2017-0492. Disciplinary Counsel v. Maciak , Slip
Opinion No. 2018-Ohio-544.
On Certified Report by the Board of Professional
Conduct, No. 2016-035. Brian Allan Maciak,
Attorney Registration No. 0072793, last known
address in Jupiter, Florida, suspended from the
practice of law for two years, stayed on
conditions.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only, with an
opinion.
CASE ANNOUNCEMENTS
February 12, 2018
[Cite as 02/12/2018 Case Announcements, 2018-
Ohio-534.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF FEBRUARY 12,
2018
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the February 12, 2018
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-0536. State v. Spaulding , 151 Ohio St.3d
378, 2016-Ohio-8126.
2014-1621. State ex rel. Caster v. Columbus , 151
Ohio St.3d 425, 2016-Ohio-8394.
2015-1127. Burnham v. Cleveland Clinic , 151
Ohio St.3d 356, 2016-Ohio-8000.
2015-1316. Disciplinary Counsel v. Cannata and
Phillips , 151 Ohio St.3d 348, 2016-Ohio-3027.
2015-1608. Zillow v. Bosel , 151 Ohio St.3d 447,
2017-Ohio-260.
2016-1105. Disciplinary Counsel v. Pearson , 151
Ohio St.3d 1230, 2016-Ohio-5723.
MISCELLANEOUS DISMISSALS
2017-1745. State ex rel. Young v. Indus. Comm.
Franklin App. No. 16AP-706, 2017-Ohio-8547.
Appellant has not filed a memorandum in support
of jurisdiction, due January 31, 2018, and
therefore has failed to prosecute this cause with
the requisite diligence. Sua sponte, cause
dismissed.
CASE ANNOUNCEMENTS
February 9, 2018
[Cite as 02/09/2018 Case Announcements, 2018-
Ohio-503.]
MERIT DECISIONS WITH OPINIONS*
2014-0313. State v. Beasley , Slip Opinion No.
2018-Ohio-493.
Summit C.P. No. CR 2012-01-0169A. Judgment
affirmed, sentence vacated in part, and cause
remanded.
O’Connor, C.J., and O’Donnell and Fischer, JJ.,
concur.
Kennedy and French, JJ., concur in judgment
only.
O’Neill, J., concurs in part and dissents in part for
the reasons set forth in his dissenting opinion in
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900.
DeWine, J., concurs in part and dissents in part,
with an opinion.
CASE ANNOUNCEMENTS
February 9, 2018
[Cite as 02/09/2018 Case Announcements #2,
2018-Ohio-504.]
MISCELLANEOUS DISMISSALS
2017-1744. Hisle v. Yates.
In Procedendo. On relator’s application for
dismissal. Application granted. Cause dismissed.
CASE ANNOUNCEMENTS
February 8, 2018
[Cite as 02/08/2018 Case Announcements #2,
2018-Ohio-475.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-089. In re Disqualification of Springer, Slip
Opinion No. 2017-Ohio-9424 (decided Sept. 6,
2017).
17-AP-094. In re Disqualification of Berkowitz,
Slip Opinion No. 2017-Ohio-9425 (decided Sept.
1, 2017).
MOTION AND PROCEDURAL RULINGS
2016-0696. State v. Aponovitch.
Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. On motion for admission pro hac vice
of James Stronski. Motion granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days.
2016-1137. Willoughby Hills Dev. & Distrib., Inc. v.
Testa. Board of Tax Appeals, No. 2015-1069.
Pursuant to S.Ct.R.Prac. 15.04(B), appellant shall
file a written transcript of the Board of Tax
Appeals’ hearing within 30 days. Failure to file the
written transcript may result in dismissal of the
appeal.
2018-0103. State v. Patterson.
Stark App. No. 2017CA00153, 2017-Ohio-9001.
On appellant’s motion to dismiss the motion for
stay and abeyance. Motion granted.
DISCIPLINARY CASES
2016-1147. Ashtabula Cty. Bar Assn. v. Brown.
Sua sponte, Thomas Christopher Brown, Attorney
Registration No. 0024054, last known business
address in Geneva, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before January 2, 2018.
2017-0341. Mahoning Cty. Bar Assn. v. Verkhlin.
Sua sponte, Mark Immanuel Verkhlin, Attorney
Registration No. 0083203, last known business
address in Tallmadge, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before January 2, 2018.
2017-0489. Disciplinary Counsel v. Fuhry.
Sua sponte, Gigi Hoang Fuhry, Attorney
Registration No. 0071630, last known business
address in Medina, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before January 5, 2018.
2017-1436. In re Resignation of Reino.
Sua sponte, Andrea Lynn Reino, Attorney
Registration No. 0084531, last known business
address in Cincinnati, Ohio, found in contempt for
failure to surrender her certificate of admission
and file an affidavit of compliance on or before
January 2, 2018.
MISCELLANEOUS DISMISSALS
2016-1845. State ex rel. Roberts v. Indus. Comm.
Franklin App. No. 15AP-892, 2016-Ohio-7570. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
2017-1793. State ex rel. Richland Cty. Children
Servs. v. Richland Cty. Court of Common Pleas.
In Mandamus and Prohibition. On relators’
application for dismissal. Application granted.
Cause dismissed.
2017-1795. State ex rel. Richland Cty. Children
Servs. v. Richland Cty. Court of Common Pleas.
In Mandamus and Prohibition. On relators’
application for dismissal. Application granted.
Cause dismissed.
2017-1796. State ex rel. Richland Cty. Children
Servs. v. Richland Cty. Court of Common Pleas.
In Mandamus and Prohibition. On relators’
application for dismissal. Application granted.
Cause dismissed.
CASE ANNOUNCEMENTS
February 8, 2018
[Cite as 02/08/2018 Case Announcements, 2018-
Ohio-479.]
MERIT DECISIONS WITH OPINIONS*
2014-0273. State v. Clinton , Slip Opinion No.
2017-Ohio-9423.
Erie C.P. No. 2012-CR-0383. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., concurs in part and dissents in part for
the reasons set forth in his dissenting opinions in
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900, and State v. Neyland,
139 Ohio St.3d 353, 2014-Ohio-1914, 12 N.E.3d
1112.
2016-1372. Schwartz v. Honeywell Internatl., Inc. ,
Slip Opinion No. 2018-Ohio-474.
Cuyahoga App. No. 103377, 2016-Ohio-3175.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and DeWine, JJ., concur.
Fischer, J., concurs in judgment only, with an
opinion.
O’Neill, J., dissents, with an opinion.
CASE ANNOUNCEMENTS
February 7, 2018
[Cite as 02/07/2018 Case Announcements, 2018-
Ohio-473.]
MERIT DECISIONS WITH OPINIONS*
2016-0704. Koprivec v. Rails-to-Trails of Wayne
Cty. , Slip Opinion No. 2018-Ohio-465.
Wayne App. No. 15AP0006, 2016-Ohio-1141.
Judgment affirmed in part and reversed in part,
and cause remanded.
Kennedy, French, and DeWine, JJ., concur.
Fischer, J., concurs in judgment only, with an
opinion joined by O’Connor, C.J.
O’Donnell, J., concurs in part and dissents in part,
with an opinion.
O’Neill, J., concurs in part and dissents in part,
with an opinion.
CASE ANNOUNCEMENTS
February 7, 2018
[Cite as 02/07/2018 Case Announcements #2,
2018-Ohio-472.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-082. In re Disqualification of DeWeese,
Slip Opinion No. 2017-Ohio-9421 (decided Aug.
24, 2017).
17-AP-084. In re Disqualification of Gall, Slip
Opinion No. 2017-Ohio-9422 (decided Aug. 14,
2017).
MOTION AND PROCEDURAL RULINGS
2016-1074. Lafarge N. Am., Inc. v. Testa.
Board of Tax Appeals, No. 2015-763. On motion
for admission pro hac vice of Bailey Roese.
Motion granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days.
2017-1566. State ex rel. Thomas v. Disanto.
Lake App. No. 2016-L-110, 2017-Ohio-7292. On
appellant’s motion for default judgment for failure
to prosecute and notice of intent. Motion denied
as moot.
2018-0200. State v. Myers.
Wood App. No. WD-17-047. Sua sponte, appellee
may file a memorandum in response to
jurisdiction within 30 days.
CASE ANNOUNCEMENTS
February 2, 2018
[Cite as 02/02/2018 Case Announcements, 2018-
Ohio-414.]
DISCIPLINARY CASES
2016-1490. Disciplinary Counsel v. Peck.
On notice of violation and motion to lift stay.
Respondent, Gregory Lawrence Peck, Attorney
Registration No. 0040211, last known business
address in Oxford, Ohio, found in contempt for
failure to comply with the court’s May 30, 2017
order.
Kennedy and O’Neill, JJ., not participating.
2017-0677. Cleveland Metro. Bar Assn. v.
Butscher.
On order to show cause. Respondent, Alisa Carol
Butscher, Attorney Registration No. 0066103, last
known address in Cleveland, Ohio, indefinitely
suspended from the practice of law.
O’Neill, J., not participating.
2017-0770. Columbus Bar Assn. v. Striff.
On motion for leave to answer. Motion granted.
This matter is remanded to the board for further
proceedings under Gov.Bar R. V(12). The interim
default suspension imposed against respondent
on July 7, 2017 shall remain in place while this
matter is pending before the board.
O’Neill, J., not participating.
2017-1669. In re Resignation of Brown.
On application for retirement or resignation of
Christi Lee Brown, Attorney Registration No.
0062696, last known business address in Lima,
Ohio. Resignation accepted with disciplinary
action pending.
O’Neill, J., not participating.
2017-1820. In re Resignation of Moore.
On application for retirement or resignation of
Gregory Joseph Moore, Attorney Registration No.
0076156, last known business address in
Northfield, Ohio. Resignation accepted with
disciplinary action pending.
O’Neill, J., not participating.
########################################
###
CASE ANNOUNCEMENTS
February 2, 2018
[Cite as 02/02/2018 Case Announcements #2,
2018-Ohio-415.]
DISCIPLINARY CASES
2018-0041. Disciplinary Counsel v. McDaniel.
On certified order. Pursuant to Gov.Bar R. V(20)
(B), respondent, Thomas C. McDaniel III, Attorney
Registration No. 0056259, last known business
address in Tucson, Arizona, suspended from the
practice of law for a period of two years.
Respondent will not be reinstated to the practice
of law in Ohio until he is reinstated to the practice
of law in the state of Arizona.
2018-0152. In re Manore.
On certified entry of felony conviction. Pursuant to
Gov.Bar R. V(18)(A)(4), John James Manore III,
Attorney Registration No. 0064070, last known
business address in Sylvania, Ohio, suspended
from the practice of law for an interim period. This
matter is referred to the Toledo Bar Association
for investigation and the commencement of
disciplinary proceedings.
CASE ANNOUNCEMENTS
January 30, 2018
[Cite as 01/30/2018 Case Announcements, 2018-
Ohio-359.]
MERIT DECISIONS WITH OPINIONS*
2016-0789. State v. Zimmerman , Slip Opinion
No. 2018-Ohio-249.
Clark App. Nos. 2015-CA-62 and 2015-CA-63,
2016-Ohio-1475. Cause dismissed as
improvidently accepted.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2016-1011. State ex rel. Kerns v. Simmers , Slip
Opinion No. 2018-Ohio-256.
In Mandamus. Writ denied.
O’Connor, C.J., and O’Donnell, French, O’Neill,
Fischer, and DeWine, JJ., concur.
Kennedy, J., concurs in judgment only.
2016-1100. State v. Terrell , Slip Opinion No.
2018-Ohio-258.
Cuyahoga App. No. 103428, 2016-Ohio-4563.
Cause dismissed as improvidently accepted.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2016-1462. State v. Gordon , Slip Opinion No.
2018-Ohio-259.
Cuyahoga App. No. 103494, 2016-Ohio-5407.
Judgment reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
CASE ANNOUNCEMENTS
January 30, 2018
[Cite as 01/30/2018 Case Announcements #2,
2018-Ohio-360.]
MOTION AND PROCEDURAL RULINGS
1998-1970. State v. Tibbetts.
Hamilton C.P. No. B9708596. Pursuant to a
warrant of reprieve issued by the governor and
filed with this court on September 1, 2017, it was
ordered that Raymond Tibbetts’s sentence be
carried into execution on Tuesday, February 13,
2018. In order to facilitate this court’s timely
consideration of any matters relating to the
execution of appellant’s sentence, the chief justice
may suspend application of any provisions of the
Rules of Practice of the Supreme Court, including
but not limited to the filing requirements imposed
by S.Ct.Prac.R. 3.02.
Service of documents as required by S.Ct.Prac.R.
3.11 shall be personal, by facsimile transmission,
or by e-mail.
Counsel of record for the parties shall provide this
court with a copy of any document relating to this
matter that is filed in or issued by any other court
in this state or any federal court, as well as any
commutation, pardon, or warrant of reprieve
issued by the governor. A copy of the document
shall be delivered to the office of the clerk as soon
as possible, either personally, by facsimile
transmission, or by e-mail.
2017-1724. State ex rel. Evans v. Clerk of the
Scioto County Common Pleas Court, Probate
Division.
In Mandamus. On relator’s motion to strike
respondent’s motion to dismiss for want of
service. Motion denied. Relator may file a
response to the motion to dismiss within ten days.
2018-0148. State ex rel. DHSC, L.L.C. v. Hartnett.
In Prohibition. Respondent shall file a response to
the complaint, if any, by 9:00 a.m. on Wednesday,
January 31, 2018. Relators may file a response to
respondent’s response to the complaint, if one is
permitted by S.Ct.Prac.R. 12.04(B), no later than
9:00 a.m. on Thursday, February 1, 2018.
CASE ANNOUNCEMENTS
January 29, 2018
[Cite as 01/29/2018 Case Announcements, 2018-
Ohio-331.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JANUARY 29,
2018
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the January 29, 2018
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2015-0036. State ex rel. Camaco, L.L.C. v. Albu ,
151 Ohio St.3d 330, 2017-Ohio-7569 .
2015-0386. Crutchfield Corp. v. Testa , 151 Ohio
St.3d 278, 2016-Ohio-7760 .
2016-0570. State v. Schroeder , 151 Ohio St.3d
345, 2017-Ohio-7858 .
2016-0672. State v. Mohamed , 151 Ohio St.3d
320, 2017-Ohio-7468 .
2016-1911. State ex rel. Evans v. McGrath , 151
Ohio St.3d 345, 2017-Ohio-8290 .
2017-0315. State ex rel. Rocco v. Cuyahoga Cty.
Bd. of Elections , 151 Ohio St.3d 306, 2017-Ohio-
4466 .
17-AP-053. In re Disqualification of Rapp, 151
Ohio St.3d 1227, 2017-Ohio-7429 .
17-AP-067. In re Disqualification of Fleegle, 151
Ohio St.3d 1228, 2017-Ohio-8041 .
MOTION AND PROCEDURAL RULINGS
2017-1367. Belich v. Lake Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-1123. On joint
motion to remand. Motion granted. The cause is
remanded to the Board of Tax Appeals to take
further action as appropriate.
DISCIPLINARY CASES
2015-0290. Mahoning Cty. Bar. Assn. v. Gerchak.
On respondent’s application for termination of
probation. Motion granted. Probation of
respondent, David John Gerchak, Attorney
Registration No. 0069060, last known business
address in Youngstown, Ohio, is terminated.
MISCELLANEOUS DISMISSALS
2017-0049. State ex rel. Young v. Butler Cty.
Personnel Office.
Franklin App. No. 15AP-1035, 2016-Ohio-8341.
On appellant’s application for dismissal. Motion
granted. Cause dismissed.
2017-1742. State v. Mick.
Erie App. No. E-16-074, 2017-Ohio-8922.
Appellant has not filed a memorandum in support
of jurisdiction, due January 22, 2018, and
therefore has failed to prosecute this case with
the requisite diligence. Sua sponte, cause
dismissed.
CASE ANNOUNCEMENTS
January 26, 2018
[Cite as 01/26/2018 Case Announcements, 2018-
Ohio-303.]
DISCIPLINARY CASES
2014-1389. Cleveland Metro. Bar Assn. v. Zoller
and Mamone.
On application for reinstatement. Respondent
Nancy Anne Zoller, Attorney Registration No.
0037933, last known business address in
Lyndhurst, Ohio, reinstated to the practice of law.
CASE ANNOUNCEMENTS
January 25, 2018
[Cite as 01/25/2018 Case Announcements, 2018-
Ohio-260.]
MOTION AND PROCEDURAL RULINGS
2017-0088. Pelletier v. Campbell.
Mahoning App. No. 15 MA 0220, 2016-Ohio-8097.
On joint motion of appellee and amicus curiae
Ohio Association of Justice for leave allowing
amicus curiae to present oral argument. Motion
granted. Amicus curiae shall share the time
allotted to appellee.
********************************************
CASE ANNOUNCEMENTS
January 25, 2018
[Cite as 01/25/2018 Case Announcements #2,
2018-Ohio-261.]
MERIT DECISIONS WITH OPINIONS
2015-0759. Life Path Partners, Ltd. v. Cuyahoga
Cty. Bd. of Revision , Slip Opinion No. 2018-Ohio-
230 .
Board of Tax Appeals, No. 2015-39. Decision
reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0798. Cleveland Metro. Bar Assn. v. Hurley ,
Slip Opinion No. 2018-Ohio-231 .
On Certified Report by the Board of Professional
Conduct, No. 2017-001. Rosel Charles Hurley III,
Attorney Registration No. 0083288, last known
address in Cleveland, Ohio, indefinitely
suspended from the practice of law.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Connor, C.J., dissents, with an opinion joined
by O’Donnell, J.
CASE ANNOUNCEMENTS
January 22, 2018
[Cite as 01/22/2018 Case Announcements, 2018-
Ohio-202.]
MOTION AND PROCEDURAL RULINGS
2017-1214. State ex rel. Keith v. Dept. of Rehab.
& Corr. Franklin App. No. 15AP-1080, 2017-Ohio-
4406. On appellant’s motion to withdraw motion to
stay. Motion granted.
MISCELLANEOUS DISMISSALS
2017-1806. State v. Banks.
Medina App. No. 16CA0084-M, 2017-Ohio-8777.
Appellant has not filed a memorandum in support
of jurisdiction, due January 18, 2018, and
therefore has failed to prosecute this cause with
the requisite diligence. Sua sponte, cause
dismissed.
CASE ANNOUNCEMENTS
January 16, 2018
[Cite as 01/16/2018 Case
Announcements, 2018-Ohio-
115.]
SLIP OPINIONS REPLACED BY
OHIO OFFICIAL REPORTS
VERSIONS AS OF JANUARY 15,
2018
The official versions of the
opinions listed below, which
were previously released as
slip opinions, have been
published in the January 15,
2018 Ohio Official Reports
advance sheet. These opinions
should now be cited using the
Ohio Official Reports
citation format.
2015-0342. 2350 Morse, L.L.C.
v. Testa , 151 Ohio St.3d
261, 2017-Ohio-7800.
2015-1975. Ferguson v. State
, 151 Ohio St.3d 265, 2017-
Ohio-7844.
2016-0049. State v. Moore ,
151 Ohio St.3d 276, 2017-
Ohio-7851.
2016-0317. State v. Anderson
, 151 Ohio St.3d 212, 2017-
Ohio-5656.
2016-0675. State v. Lonero ,
151 Ohio St.3d 277, 2017-
Ohio-7859.
2016-0686. State ex rel.
Prade v. Ninth Dist. Court of
Appeals , 151 Ohio St.3d 252,
2017-Ohio-7651.
2016-0782. State v. Jackson ,
151 Ohio St.3d 239, 2017-
Ohio-7469.
2016-1122. Reid v. Cleveland
Police Dept. , 151 Ohio St.3d
243, 2017-Ohio-7527.
2017-0753. State ex rel.
Langhenry v. Britt , 151 Ohio
St.3d 227, 2017-Ohio-7172.
2017-1181. State ex rel.
Repeal the Lorain Cty.
Permissive Sales Tax Commt.
v. Lorain Cty. Bd. of
Elections , 151 Ohio St.3d
247, 2017-Ohio-7648.
MOTION AND PROCEDURAL RULINGS
2017-1444. In re Application
of Ohio Edison Co.
Public Utilities Commission,
No. 14-1297-EL-SSO. On motion
of Ohio Energy Group for
leave to intervene as
appellee. Motion granted.
2017-1664. In re Application
of Ohio Edison Co.
Public Utilities Commission,
No. 14-1297-EL-SSO. On motion
of Ohio Energy Group, Edison
Company, the Cleveland
Illuminating Company, and the
Toledo Edison Company for
leave to intervene as
appellees. Motion granted.
DISCIPLINARY CASES
2017-0193. Cincinnati Bar
Assn. v. May.
Sua sponte, Neal Allen May,
Attorney Registration No.
0062317, last known business
address in Cincinnati, Ohio,
found in contempt for failure
to file an affidavit of
compliance on or before
November 27, 2017.
2017-0983. In re Resignation
of Eichenberger.
Sua sponte, Raymond Leland
Eichenberger III, Attorney
Registration No. 0022464,
last known business address
in Reynoldsburg, Ohio, found
in contempt for failure to
surrender his certificate of
admission and failure to file
an affidavit of compliance on
or before November 27, 2017.
CASE ANNOUNCEMENTS
January 11, 2018
[Cite as 01/11/2018 Case Announcements, 2018-
Ohio-80.]
DISCIPLINARY CASES
2017-1315. Disciplinary Counsel v. Deters.
On respondent’s motion to purge contempt.
Motion granted.
2017-1756. Mahoning Cty. Bar Assn. v. Verkhlin.
On certification of default. Mark Immanuel
Verkhlin, Attorney Registration No. 0083203,
suspended from the practice of law for an interim
period.
CASE ANNOUNCEMENTS
January 10, 2018
[Cite as 01/10/2018 Case Announcements, 2018-
Ohio-62.]
MOTION AND PROCEDURAL RULINGS
2016-1882. State v. Graham.
Portage C.P. No. 2016 CR 107 E. On appellant’s
motion to accept record instanter or for alternative
relief and motion to deem record as filed. Motions
granted. Appellant’s motion to unseal proceedings
denied. Counsel for appellant in this case and
counsel for appellant in his postconviction-relief
proceedings may come to the Supreme Court of
Ohio clerk’s office to review the sealed
documents.
2017-1568. State v. Smith.
Mahoning App. No. 17 MA 0041, 2017-Ohio-9240.
On appellant’s motion to dismiss his motion to
hold case in abeyance. Motion granted.
CASE ANNOUNCEMENTS
January 8, 2018
[Cite as 01/08/2018 Case Announcements, 2018-
Ohio-41.]
MOTION AND PROCEDURAL RULINGS
2016-1796. Yves v. Montgomery Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-2323. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2016-1797. Brutten Family Partners, L.L.C. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2325. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2017-1534. Dixon v. State.
In Habeas Corpus. On petitioner’s motion to
submit evidence. Motion denied as moot.
2018-0014. Thompson v. Donnelly.
Cuyahoga App. No. 106100, 2017-Ohio-8892. On
appellant’s memorandum in support of jurisdiction.
This cause originated in the court of appeals and
therefore should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01. The clerk shall
issue an order for the transmission of the record
from the Court of Appeals for Cuyahoga County,
and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07.
CASE ANNOUNCEMENTS
January 4, 2018
[Cite as 01/04/2018 Case Announcements, 2018-
Ohio-25.]
MERIT DECISIONS WITH OPINIONS
2016-0585. Lucarell v. Nationwide Mut. Ins. Co. ,
Slip Opinion No. 2018-Ohio-15.
Mahoning App. Nos. 13-MA-74 and 13-MA-133,
2015-Ohio-5286. Judgment reversed and directed
verdict reinstated.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., concurs that punitive damages are not
recoverable in an action for breach of contract
and dissents from the remainder of the opinion
and the judgment.
2016-1020. State v. Beasley , Slip Opinion No.
2018-Ohio-16.
Hamilton App. No. C-150431, 2016-Ohio-1603.
Judgment reversed and cause remanded.
O’Donnell, Kennedy, French, O’Neill, Ringland,
and DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only.
Robert P. Ringland, J., of the Twelfth Appellate
District, sitting for Fischer, J.
2016-1195 and 2016-1197. In re D.H. , Slip
Opinion No. 2018-Ohio-17.
Montgomery App. Nos. 27074 and 27075, 2016-
Ohio-5265. Judgment affirmed.
Kennedy, French, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., and O’Donnell, J., concur in
judgment only.
O’Neill, J., dissents.
2016-1255. State v. Pountney , Slip Opinion No.
2018-Ohio-22.
Cuyahoga App. No. 103686, 2016-Ohio-4866.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1737 and 2016-1870. Cyran v. Cyran , Slip
Opinion No. 2018-Ohio-24.
Montgomery App. No. 27009, 2016-Ohio-7323.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, French, O’Neill,
Fischer, and DeWine, JJ., concur.
Kennedy, J., dissents, with an opinion.
2017-0433. In re R.K. , Slip Opinion No. 2018-
Ohio-23.
Franklin App. No. 16AP-577. Judgment reversed
and cause remanded.
O’Connor, C.J., and O’Neill, J., concur.
French, J., concurs in syllabus and judgment only,
with an opinion joined by Kennedy, J.
Fischer, J., concurs in judgment only.
O’Donnell, J., dissents, with an opinion joined by
DeWine, J.
MOTION AND PROCEDURAL RULINGS
2017-0200. State v. Mason.
Marion App. No. 9-16-34, 2016-Ohio-8400. On
motion to participate in oral argument scheduled
for January 23, 2018, of amicus curiae Ohio
Association of Criminal Defense Lawyers. Motion
granted. Amicus curiae shall share the time
allotted to appellant.
2017-1015. State ex rel. Keith v. Dept. of Rehab.
& Corr.
Franklin App. No. 15AP-1080, 2017-Ohio-4406.
On appellant’s motion to withdraw motion to stay.
Motion granted.
CASE ANNOUNCEMENTS
January 3, 2018
[Cite as 01/03/2018 Case Announcements, 2018-
Ohio-13.]
MERIT DECISIONS WITH OPINIONS
2016-0994. Disciplinary Counsel v. DeMasi , Slip
Opinion No. 2018-Ohio-7.
On Certified Report by the Board of Professional
Conduct, No. 2016-016. Michelle Lynn DeMasi,
Attorney Registration No. 0078628, indefinitely
suspended from the practice of law with no credit
for time served under interim default suspension.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1281. Alford v. Collins-McGregor Operating
Co. , Slip Opinion No. 2018-Ohio-8.
Washington App. No. 16CA9, 2016-Ohio-5082.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
2017-1078. Columbus Bar Assn. v. Nyce , Slip
Opinion No. 2018-Ohio-9.
On Certified Report by the Board of Professional
Conduct, No. 2016-007. Objections overruled,
pending motions denied, and Kinsley Frampton
Nyce, Attorney Registration No. 0003547,
permanently disbarred from the practice of law.
O’Connor, C.J., and O’Donnell, Fischer, and
DeWine, JJ., concur.
Kennedy, French, and O’Neill, JJ., dissent and
would impose an indefinite suspension.
2017-1082. Mahoning Cty. Bar Assn. v. Atway ,
Slip Opinion No. 2018-Ohio-10.
On Certified Report by the Board of Professional
Conduct, No. 2016-064. Neal Ghaleb Atway,
Attorney Registration No. 0059252, suspended
from the practice of law for two years with no
credit for time served under interim felony
suspension.
O’Connor, C.J., and O’Donnell, Kennedy, and
Fischer, JJ., concur.
French, O’Neill, and DeWine, JJ., dissent and
would grant credit for time served under interim
suspension.
2017-1114. In re Application of Winwood , Slip
Opinion No. 2018-Ohio-11.
On Report by the Board of Commissioners on
Character and Fitness, No. 682. Mark Ainsworth
Winwood’s pending application to take bar
examination disapproved, but application to take
July 2018 bar examination allowed.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
O’Connor, C.J.
2017-1137. In re Application of Washington , Slip
Opinion No. 2018-Ohio-12.
On Report by the Board of Commissioners on
Character and Fitness, No. 659. Brianna Lynn
Washington’s pending application to take bar
examination disapproved, but application to take
July 2018 bar examination allowed.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
O’Connor, C.J.
CASE ANNOUNCEMENTS
January 2, 2018
[Cite as 1/02/2018 Case
Announcements, 2018-Ohio-6.]
SLIP OPINIONS REPLACED BY
OHIO OFFICIAL REPORTS
VERSIONS AS OF JANUARY 1,
2018
The official versions of the
opinions listed below, which
were previously released as
slip opinions, have been
published in the January 1,
2018 Ohio Official Reports
advance sheet. These opinions
should now be cited using the
Ohio Official Reports
citation format.
2015-1549. Dayton v. State,
151 Ohio St.3d 168, 2017-
Ohio-6909.
2015-1638. Disciplinary
Counsel v. Bartels, 151 Ohio
St.3d 144, 2016-Ohio-3333.
2016-0102. NWD 300 Spring,
L.L.C. v. Franklin Cty. Bd.
of Revision, 151 Ohio St.3d
193, 2017-Ohio-7579.
2016-0858. Disciplinary
Counsel v. Tamburrino, 151
Ohio St.3d 148, 2016-Ohio-
8014.
2016-1453. State ex rel.
Sevayega v. Gallagher, 151
Ohio St.3d 208, 2017-Ohio-
8369.
2017-1164. State ex rel.
McGinn v. Walker, 151 Ohio
St.3d 199, 2017-Ohio-7714.
2 01-02-18
MERIT DECISIONS WITH OPINIONS
2015-0349. N. Canton City
School Dist. Bd. of Edn. v.
Stark Cty. Bd. of Revision,
Slip Opinion No. 2018-Ohio-1.
Board of Tax Appeals, Nos.
2013-6181 and 2013-6222.
Decision reversed and cause
remanded. O???Connor, C.J.,
and O???Donnell, Kennedy,
French, O???Neill, and
DeWine, JJ., concur.
Fischer, J., concurs in
judgment only.
2015-0791. Notestine Manor,
Inc. v. Logan Cty. Bd. of
Revision, Slip Opinion No.
2018-Ohio-2.
Board of Tax Appeals, No.
2014-2543. Decision affirmed.
O???Connor, C.J., and
Kennedy, French, O???Neill,
and Fischer, JJ., concur.
O???Donnell, J., dissents,
with an opinion joined by
DeWine, J.
2015-1773. State ex rel.
Sunesis Constr. Co. v. Indus.
Comm., Slip Opinion No. 2018-
Ohio-3.
Franklin App. No. 13AP-449,
2015-Ohio-3973. Judgment
affirmed.
O???Connor, C.J., and O???
Donnell, French, O???Neill,
Fischer, and DeWine, JJ.,
concur.
Kennedy, J., concurs in
judgment only.
2017-1080. Mahoning Cty. Bar
Assn. v. Cochran, Slip
Opinion No. 2018-Ohio-4.
On Certified Report by the
Board of Professional
Conduct, No. 2016-052. Scott
Robert Cochran, Attorney
Registration No. 0065497, is
hereby suspended from the
practice of law for one year,
with the entire suspension
stayed on conditions.
O???Connor, C.J., and O???
Donnell, Kennedy, French,
O???Neill, Fischer, and
DeWine, JJ., concur.
2017-1083. Disciplinary
Counsel v. Goebl, Slip
Opinion No. 2018-Ohio-5.
On Certified Report by the
Board of Professional
Conduct, No. 2016-054.
Michael Joseph Goebl,
Attorney Registration No.
0080489, is hereby suspended
from the practice of law for
six months, fully stayed on
conditions.
O???Connor, C.J., and O???
Donnell, Kennedy, French,
O???Neill, Fischer, and
DeWine, JJ., concur.
3 01-02-18
MOTION AND PROCEDURAL RULINGS
2017-0087. State v. Carnes.
Hamilton App. No. C-150752,
2016-Ohio-8019. On motion for
admission pro hac vice of
Nadia N.
Seeratan, Samuel Park, Masha
L. Levick, and John Drosick.
Motion granted. Pursuant to
Gov.Bar R.
XII(4), counsel shall file a
notice of permission to
appear pro hac vice with the
Supreme Court???s Office of
Attorney Services within 30
days.
MEDIATION MATTERS
2017-0573. State ex rel.
Dilly v. Martin.
In Prohibition. Pursuant to
R.C. 2710.06(B)(1), the court
has been notified that the
parties have reached a
settlement. This case is
returned to the regular
docket under S.Ct.Prac.R.
19.01. Within 60 days, the
filing party shall file
either an application for
dismissal or a notice of
failure of settlement. The
case will be dismissed for
want of prosecution if an
application for dismissal or
a notice of failure of
settlement is not filed
within 60 days.
2017-1705. State ex rel. King
v. Governor???s Office of
Health Transformation.
In Mandamus. The court refers
this case to mediation under
S.Ct.Prac.R. 19.01, and stays
all filing deadlines for this
case until further order of
this court. The court will
not issue any decision on the
merits of this case until
mediation has concluded.
CASE ANNOUNCEMENTS
December 29, 2017
[Cite as 12/29/2017 Case Announcements, 2017-
Ohio-9291.]
MOTION AND PROCEDURAL RULINGS
2016-1584. Kolosai v. Azem.
Cuyahoga App. No. 102920, 2016-Ohio-5831. On
motion for admission pro hac vice of Teresa
Ficken Sachs. Motion granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days.
2016-1776. State ex rel. Hogan Lovells US, L.L.P.
v. Dept. of Rehab. & Corr.
In Mandamus. Sua sponte, respondent shall file
under seal the documents it asserts are privileged
within ten days for in camera inspection.
2017-0604. State ex rel. Richland Cty. Children
Servs. v. Richland Cty. Court of Common Pleas.
In Prohibition and Mandamus. On relators’ motion
for emergency stay and alternative writ. Motion
denied as moot.
mastheadROD
CASE ANNOUNCEMENTS
December 28, 2017
[Cite as 12/28/2017 Case Announcements, 2017-
Ohio-9246.]
MERIT DECISIONS WITH OPINIONS
2015-2010. Columbus Bar Assn. v. LaFayette ,
Slip Opinion No. 2017-Ohio-9205.
On Certified Report by the Board of Professional
Conduct, No. 2015-052. Eric Lee LaFayette,
Attorney Registration No. 0077662, suspended
from the practice of law for six months, stayed on
conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-0861. Disciplinary Counsel v. Schnittke , Slip
Opinion No. 2017-Ohio-9206.
On Certified Report by the Board of Professional
Conduct, No. 2015-075. Steven Powell Schnittke,
Attorney Registration No. 0025537, suspended
from the practice of law for six months, stayed on
conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1082. Disciplinary Counsel v. Bellew , Slip
Opinion No. 2017-Ohio-9203.
On Certified Report by the Board of Professional
Conduct, No. 2016-019. Timothy Eric Bellew,
Attorney Registration No. 0067573, permanently
disbarred. O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
2016-1575. State ex rel. Ohio Paperboard v.
Indus. Comm. , Slip Opinion No. 2017-Ohio-9233.
Franklin App. No. 15AP-871, 2016-Ohio-7005.
Judgment reversed and writ granted.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and Fischer, JJ., concur.
DeWine, J., concurs in judgment only.
O’Neill, J., dissents.
2016-1894. McCain v. Huffman , Slip Opinion No.
2017-Ohio-9241.
Montgomery App. No. 27142. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0794. Ohio State Bar Assn. v. Mason , Slip
Opinion No. 2017-Ohio-9215.
On Certified Report by the Board of Professional
Conduct, No. 2016-037. Lance Timothy Mason,
Attorney Registration No. 0067346, indefinitely
suspended from the practice of law with no credit
for time served under interim felony suspension.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0799. Dayton Bar Assn. v. Strahorn , Slip
Opinion No. 2017-Ohio-9204.
On Certified Report by the Board of Professional
Conduct, No. 2016-029. Derrick Anthony
Strahorn, Attorney Registration No. 0034483,
suspended from the practice of law for six
months, stayed on conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1084. Cincinnati Bar Assn. v. Weber , Slip
Opinion No. 2017-Ohio-9243.
On Certified Report by the Board of Professional
Conduct, No. 2016-057. John Patrick Weber,
Attorney Registration No. 0076164, suspended for
two years, with one year stayed on conditions.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents, with an opinion.
CASE ANNOUNCEMENTS
December 27, 2017
[Cite as 12/27/2017 Case Announcements, 2017-
Ohio-9245.]
MERIT DECISIONS WITH OPINIONS
2017-0090. State ex rel. Bailey v. Parole Bd. , Slip
Opinion No. 2017-Ohio-9202.
Franklin App. No. 15AP-887, 2016-Ohio-8264.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0234. State ex rel. Martin v. Buchanan , Slip
Opinion No. 2017-Ohio-9163.
Cuyahoga App. No. 105063, 2017-Ohio-301.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0332. State ex rel. Swain v. Adult Parole
Auth. , Slip Opinion No. 2017-Ohio-9175.
Franklin App. No. 16AP-519, 2017-Ohio-517.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0369. State ex rel. McDermott v. Adult
Parole Auth. , Slip Opinion No. 2017-Ohio-9242.
Franklin App. No. 16AP-208, 2017-Ohio-754.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0643. State ex rel. McKinney v. Schmenk ,
Slip Opinion No. 2017-Ohio-9183.
Defiance App. No. 4-17-03. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0945. ARCP RL Portfolio VII, L.L.C. v.
Tuscarawas Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-922. On joint
motion to remand. Motion granted. Cause
remanded to the Board of Tax Appeals.
2017-1350. Riverside Local Schools Bd. of Edn. v.
Lake Cty. Bd. of Revision. Board of Tax Appeals,
No. 2016-883. On joint motion to remand. Motion
granted. Cause remanded to the Board of Tax
Appeals.
CASE ANNOUNCEMENTS
December 22, 2017
[Cite as 12/22/2017 Case Announcements #2,
2017-Ohio-9186.]
MOTION AND PROCEDURAL RULINGS
2017-1244. Bank of Am., N.A. v. Brown.
Cuyahoga App. No. 105954. On appellee’s
motion to strike the notice of appeal and the
memo in support of jurisdiction filed by appellant.
Motion denied as moot.
MISCELLANEOUS DISMISSALS
2017-1428. State ex rel. Sloan v. Mohr.
Belmont App. No. 16 BE 0055. The records of this
court indicate that appellant has not filed a merit
brief, due December 11, 2017, in compliance with
the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence. Cause
dismissed.
CASE ANNOUNCEMENTS
December 22, 2017
[Cite as 12/22/2017 Case Announcements, 2017-
Ohio-9185.]
MERIT DECISIONS WITH OPINIONS
2017-0604. State ex rel. Richland Cty. Children
Servs. v. Richland Cty. Court of Common Pleas ,
Slip Opinion No. 2017-Ohio-9160.
In Prohibition and Mandamus. Motion to dismiss
denied, writ of prohibition granted, and writ of
mandamus denied.
O’Connor, C.J., and O’Donnell, French, O’Neill,
Fischer, and DeWine, JJ., concur.
Kennedy, J., concurs in judgment only.
MISCELLANEOUS ORDERS
2016-1913. Ohio State Bar Assn. v. Pro-Net Fin.,
Inc.
On final report by the Board on the Unauthorized
Practice of Law on December 30, 2016,
recommending that the court issue an order
finding that respondents, Pro-Net Financial, Inc.,
Andrew J. Bloom, and Nationwide Support
Services, Inc., have engaged in the unauthorized
practice of law, prohibiting respondents from
engaging in the unauthorized practice of law in
the future, and imposing civil penalties against
them. Sua sponte, cause remanded to the board
for supplementation of the record in accordance
with the evidentiary standard set forth in Gov.Bar
R. VII(7)(B)(2). See also Gov.Bar R. VII(14)
(directing the board to follow the Rules of Civil
Procedure and the Rules of Evidence, whenever
practicable, unless a provision of Gov.Bar R. VII
or board hearing procedures and guidelines
provides otherwise). On remand, the board may
conduct any additional proceedings that it deems
necessary to ensure that the record satisfies this
evidentiary standard. In addition, the board shall
follow Gov.Bar R. VII(8)(B),
which provides that the board may recommend
and the court may impose civil penalties “in an
amount up to ten thousand dollars per offense.”
Proceedings before this court are stayed until
further order of the court. Costs to abide final
determination of the case.
Fischer, J., not participating.
CASE ANNOUNCEMENTS
December 21, 2017
[Cite as 12/21/2017 Case
Announcements, 2017-Ohio-9145.]
MERIT DECISIONS WITH OPINIONS
2015-1157. NASCAR Holdings, Inc. v.
Testa , Slip Opinion No. 2017-Ohio-
9118.
Board of Tax Appeals, No. 2015-263.
Decision reversed and cause
remanded.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, and
DeWine, JJ., concur.
Fischer, J., dissents, with an
opinion.
2016-0968. State ex rel. 31, Inc. v.
Indus. Comm. , Slip Opinion No.
2017-Ohio-9112.
Franklin App. No. 14AP-925, 2016-
Ohio-3526. Judgment reversed and
writ granted.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., dissents, with an
opinion.
2016-1169. State ex rel. Gulley v.
Indus. Comm. , Slip Opinion No.
2017-Ohio-9131.
Franklin App. No. 15AP-759. Judgment
affirmed and limited writ granted.
O???Connor, C.J., and O???Donnell,
French, Fischer, and DeWine, JJ.,
concur.
Kennedy, J., dissents, with an
opinion joined by O???Neill, J.
2016-1233. State ex rel. Peoples v.
Johnson , Slip Opinion No. 2017-
Ohio-9140.
Franklin App. No. 15AP-765, 2016-
Ohio-5204. Motion for default
judgment denied, motion to
correction caption denied as moot,
and judgment affirmed.
O???Donnell, French, Fischer, and
DeWine, JJ., concur.
O???Connor, C.J., and Kennedy, J.,
concur in judgment only.
O???Neill, J., dissents.
2017-0485. State ex rel. Brown v.
Nusbaum , Slip Opinion No. 2017-
Ohio-9141.
Ross App. No. 16CA3572. Judgment
affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2017-0536. State ex rel. Woods v.
Dinkelacker , Slip Opinion No. 2017-
Ohio-9124.
Hamilton App. No. C-170098. Request
for oral argument denied and
judgment affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, and O???Neill, JJ.,
concur.
Fischer and DeWine, JJ., not
participating.
MOTION AND PROCEDURAL RULINGS
2017-1545. State v. Young.
Erie App. No. E-16-003, 2017-Ohio-
4476. On appellee???s motion to
dismiss. Motion denied. Appellee may
file a memorandum in response within
30 days.
2017-1638. Cleveland v. Giering.
Cuyahoga App. No. 105020, 2017-Ohio-
8059. On appellee???s motion to
strike. Motion denied. Appellee may
file a memorandum in response to
jurisdiction no later than January
2, 2018.
???CASE ANNOUNCEMENTS
December 20, 2017
[Cite as 12/20/2017 Case
Announcements, 2017-Ohio-9111.]
MERIT DECISIONS WITH OPINIONS
2017-0541. Ohio State Bar Assn. v.
Home Advocate Trustees, L.L.C. ,
Slip Opinion No. 2017-Ohio-9108.
On Final Report by the Board on the
Unauthorized Practice of Law, No.
UPL 13-01. Permanent injunction
issued and civil penalty imposed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2017-0542. Disciplinary Counsel v.
Furtado , Slip Opinion No. 2017-
Ohio-9109.
On Final Report by the Board on the
Unauthorized Practice of Law, No.
UPL 16-02. Permanent injunction
issued and civil penalty imposed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2017-0543. Ohio State Bar Assn. v.
Century Negotiations, Inc. , Slip
Opinion No. 2017-Ohio-9110.
On Final Report by the Board on the
Unauthorized Practice of Law, No.
UPL 13-08. Permanent injunction
issued.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2017-0442. State ex rel. Mars Urban
Solutions, L.L.C. v. Cuyahoga Cty.
Fiscal Officer. In Mandamus. On
motion to dismiss of respondents
Fiscal Officer of Cuyahoga County
and Cuyahoga County Board of
Revision. Motion granted in part and
denied in part and alternative writ
granted as to claim for relief IV
only. Pursuant to S.Ct.Prac.R.
12.05, the parties shall file any
evidence they intend to present
within 20 days; relators shall file
a brief within 10 days of the filing
of the evidence; respondents shall
file a brief within 20 days after
the filing of relators??? brief; and
relators may file a reply brief
within 7 days after the filing of
respondents??? brief.
Motion to dismiss of respondent
Board of Tax Appeals denied as moot.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-0874. State ex rel. Kaplan v.
Bozza. In Mandamus. On answer of
respondents. Alternative writ
granted. Pursuant to S.Ct.Prac.R.
12.05, the parties shall file any
evidence they intend to present
within 20 days; relator shall file a
brief within 10 days of the filing
of the evidence; respondents shall
file a brief within 20 days after
the filing of relator???s brief; and
relator may file a reply brief
within 7 days after the filing of
respondents??? brief.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1038. State ex rel. Newcomb v.
Turner. In Habeas Corpus. Sua
sponte, cause dismissed.
On petitioner???s motion for
judgment on pleadings. Motion
denied.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1233. State ex rel. Littlepage
v. Nadel. In Prohibition. On motion
to dismiss. Motion granted. Cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, and French, JJ., concur.
O???Neill, Fischer, and DeWine, JJ.,
not participating.
2017-1340. Davenport v. Griffin.
Miscellaneous case. On S.Ct.Prac.R.
12.04 determination. Cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1379. State ex rel. Thompson v.
Second Dist. Court of Appeals. In
Mandamus and Procedendo. On
respondent???s motion to dismiss.
Motion granted. Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1392. State ex rel. McCall v.
Eighth Dist. Court of Appeals
Judges.
In Mandamus. On respondents???
motion to dismiss. Motion granted.
Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1405. Zambon v. Allen Cty.
Probate Court. Miscellaneous case.
On respondent???s motion to dismiss.
Motion granted. Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1447. Snowden v. McKay. In
Mandamus. On respondent???s motion
to dismiss. Motion granted. Cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1448. State ex rel. McClure v.
Noble. In Mandamus. On respondent???
s motion to dismiss. Motion granted.
Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1523. Nedea v. Wainwright. In
Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1533. Wooten v. Marquis. In
Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1534. Dixon v. State. In Habeas
Corpus. On motions to file evidence,
for appointment of counsel, and to
receive verbal arguments. Motions
denied. Sua sponte, cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
MOTION AND PROCEDURAL RULINGS
2010-2198. State v. McKelton. Butler
App. No. CR2010020189. On
appellant???s application for
reopening pursuant to S.Ct.Prac.R.
11.06. Application denied. On motion
to supplement application to reopen.
Motion denied.
O???Neill, J., not participating.
2011-0538. State v. Davis. Butler
App. No. CA200910263, 2011-Ohio-787.
On motion for order for relief
pursuant to S.Ct.Prac.R. 4.01.
Motion denied.
O???Neill, J., not participating.
2016-1891. State v. Martin. Summit
App. No. CA27789. On motion to
strike brief of amici curiae. Motion
granted.
French, J., dissents.
O???Neill, J., not participating.
2017-0779. Tronzo v. Lu-Jean Feng
Clinic, L.L.C. Cuyahoga App. No.
105044. On emergency motion for
stay. Motion fails for want of four
votes.
Kennedy, French, and Fischer, JJ.,
dissent.
O???Neill, J., not participating.
2017-0891. State v. Kouts. Sandusky
App. No. S-16-012, 2017-Ohio-2905.
On joint motion to vacate and
remand. Motion granted. On joint
motion to file exhibits under seal.
Motion granted.
O???Donnell, J., dissents and would
deny the motion to vacate and
remand.
O???Neill, J., not participating.
2017-1500. State v. Glover. Fayette
App. No. CA2016-11-016, 2017-Ohio-
7360. On motion for leave to file
delayed appeal. Motion granted.
Appellant shall file a memorandum in
support of jurisdiction within 30
days.
O???Neill, J., not participating.
2017-1501. State v. Holton. Logan
App. No. 8-17-02, 2017-Ohio-6934. On
motion for leave to file delayed
appeal. Motion granted. Appellant
shall file a memorandum in support
of jurisdiction within 30 days.
O???Donnell and Kennedy, JJ.,
dissent.
O???Neill, J., not participating.
2017-1521. State v. Hayes. Franklin
App. No. 16AP-531, 2017-Ohio-7185.
On motion for leave to file delayed
appeal. Motion denied.
O???Neill, J., not participating.
2017-1531. State v. McColor.
Mahoning App. No. 16 MA 0053, 2017-
Ohio-7563. On motion for leave to
file delayed appeal. Motion denied.
O???Donnell and Fischer, JJ.,
dissent.
O???Neill, J., not participating.
2017-1540. State v. Tucker. Franklin
App. No. 15AP-1123, 2017-Ohio-7735.
On motion for stay of court of
appeals??? judgment. Motion denied.
O???Neill, J., not participating.
2017-1541. State v. Tate. Richland
App. No. 17CA19, 2017-Ohio-7311. On
motion for leave to file delayed
appeal. Motion denied.
O???Neill, J., not participating.
2017-1584. OneWest Bank, FSB v.
Wheeler. Medina App. No. 16CA0026-M,
2017-Ohio-7925. On motion to stay.
Motion denied.
O???Neill, J., not participating.
APPEALS ACCEPTED FOR REVIEW
2017-0616. Portee v. Cleveland
Clinic Found. Cuyahoga App. No.
104693, 2017-Ohio-1053.
O???Neill, J., not participating.
2017-0618. State v. Vega. Cuyahoga
App. No. 104058, 2017-Ohio-651.
O???Connor, C.J., dissents.
O???Neill, J., not participating.
APPEALS NOT ACCEPTED FOR REVIEW
2017-0581. Hashash v. Food Mart
Plus, Inc. Cuyahoga App. No. 104552,
2017-Ohio-1158.
O???Neill, J., not participating.
2017-0588. Snider Interests, L.L.C.
v. Cannata. Cuyahoga App. No.
103659, 2017-Ohio-85.
O???Neill, J., not participating.
2017-0590. Williamson v. Scioto Twp.
Trustees. Pickaway App. No. 16CA5,
2017-Ohio-1099.
French, J., dissents.
O???Neill, J., not participating.
2017-0593. Fairland Assn. of
Classroom Teachers v. Fairland Local
School Bd. of Edn. Lawrence App. No.
15CA23, 2017-Ohio-1098.
O???Neill, J., not participating.
2017-0597. State v. Asbury. Trumbull
App. No. 2016-T-0052, 2017-Ohio-
1005.
O???Neill, J., not participating.
2017-0598. Nolan v. Ernst. Warren
App. No. CA2016-06-045, 2017-Ohio-
1011.
O???Neill, J., not participating.
2017-0606. State v. Angus.
Ross App. No. 15CA3507, 2017-Ohio-
1100.
O???Connor, C.J., dissents.
O???Neill, J., not participating.
2017-0608. State v. Rausenberg.
Delaware App. No. 16 CAA 02 0007,
2017-Ohio-1078.
O???Neill, J., not participating.
2017-0613. Hubbard v. Charter One
Bank. Cuyahoga App. No. 104146,
2017-Ohio-1033. Appeal and cross-
appeal not accepted.
O???Neill, J., not participating.
2017-0617. House Fitness, L.L.C. v.
TTV???s Second, L.L.C. Cuyahoga App.
No. 105300.
O???Neill, J., not participating.
2017-0623. State v. Brown. Richland
App. No. 2016 CA 0043, 2017-Ohio-
1114.
O???Neill, J., not participating.
2017-0624. State v. Whipple.
Clermont App. No. CA2016-06-036,
2017-Ohio-1094.
O???Neill, J., not participating.
2017-0628. In re B.J.S. Belmont App.
No. 15 BE 0057, 2017-Ohio-1258.
French, J., dissents.
O???Neill, J., not participating.
2017-0630. Zidron v. Metts. Franklin
App. No. 15AP-1049, 2017-Ohio-1118.
O???Neill, J., not participating.
2017-0632. Burke v. Wal-Mart Stores,
Inc. Lake App. No. 2016-L-024, 2017-
Ohio-1104.
O???Neill, J., not participating.
2017-0635. ClarkWestern Dietrich
Bldg. Sys., L.L.C. v. Certified
Steel Stud Assn., Inc. Butler App.
No. CA2016-05-098, 2017-Ohio-1091.
Fischer, J., dissents.
O???Neill, J., not participating.
2017-0638. Struckman v. Teays Valley
Local School Dist. Bd. of Edn.
Pickaway App. No. 16CA10, 2017-Ohio-
1177.
O???Neill, J., not participating.
2017-0647. Deutsche Bank Natl. Trust
Co. v. Eversole. Erie App. No. E-16-
011, 2017-Ohio-1217.
O???Neill, J., not participating.
2017-0649. State v. Kuhlman. Lucas
App. No. L-15-1188, 2017-Ohio-1226.
O???Neill, J., not participating.
2017-0656. Moore v. Cleveland.
Cuyahoga App. Nos. 104466, 104471,
104527, and 104529, 2017-Ohio-1156.
Kennedy and French, JJ., dissent.
O???Neill, J., not participating.
2017-0658. LG Mayfield, L.L.C. v.
U.S. Liab. Ins. Group. Geauga App.
No. 2016-G-0058, 2017-Ohio-1203.
O???Neill, J., not participating.
2017-0659. Collins v. Hearty Invest.
Trust. Summit App. No. 27964, 2017-
Ohio-1270.
O???Neill, J., not participating.
2017-0665. State v. Proffitt. Butler
App. Nos. CA2016-07-134 and CA2016-
07-135, 2017-Ohio-1236.
O???Neill, J., not participating.
2017-0672. E. Cleveland
Firefighters, IAFF 500, AFL-CIO v.
E. Cleveland. Cuyahoga App. No.
104948, 2017-Ohio-1558.
O???Neill, J., not participating.
2017-0695. State v. Simmons.
Hamilton App. No. C-160316.
O???Neill and Fischer, JJ., not
participating.
2017-0710. State v. Simmons.
Franklin App. No. 15AP-708, 2017-
Ohio-1348.
O???Neill, J., not participating.
2017-0712. State v. Wojtowicz.
Cuyahoga App. No. 104384, 2017-Ohio-
1359.
O???Donnell, J., dissents.
O???Neill, J., not participating.
2017-0715. State v. D???Amico.
Summit App. No. 27258, 2017-Ohio-
1352.
O???Neill, J., not participating.
2017-0718. Schuler v. Ohio Civ.
Rights Comm. Trumbull App. No. 2016-
T-0075, 2017-Ohio-2602.
O???Neill, J., not participating.
2017-0721. State v. Solomon.
Cuyahoga App. No. 104072, 2017-Ohio-
1357.
O???Neill, J., not participating.
2017-0742. State v. Anderson.
Cuyahoga App. No. 104460, 2017-Ohio-
931.
O???Neill, J., not participating.
2017-0748. Cuckler v. Admr., Bur. of
Workers??? Comp. Ross App. No.
16CA3551, 2017-Ohio-1469.
O???Neill, J., not participating.
2017-0760. State v. Jezioro. Warren
App. No. CA2016-10-088, 2017-Ohio-
2587.
O???Neill, J., not participating.
2017-0768. In re M.I. Hamilton App.
No. C-160466, 2017-Ohio-1524.
French, J., dissents.
O???Neill and Fischer, JJ., not
participating.
2017-1006. State v. Young. Erie App.
No. E-16-003, 2017-Ohio-4476.
O???Neill, J., not participating.
2017-1131. In re Estate of Abraitis.
Cuyahoga App. No. 104816, 2017-Ohio-
5577.
O???Neill, J., not participating.
2017-1143. Lineback v. Lineback.
Warren App. No. CA2016-10-087, 2017-
Ohio-5673.
O???Donnell and Kennedy, JJ.,
dissent.
William A. Klatt, J., of the Tenth
District Court of Appeals, sitting
for O???Neill, J.
Lisa L. Sadler, J., of the Tenth
District Court of Appeals, sitting
for Fischer, J.
2017-1148. Banks v. State.
Lake App. No. 2016-L-033, 2017-Ohio-
4044.
O???Neill, J., not participating.
2017-1159. State v. Stewart. Licking
App. No. 17CA0032.
O???Neill, J., not participating.
2017-1165. State v. Allen. Ross App.
No. 16CA3538, 2017-Ohio-6878.
O???Neill, J., not participating.
2017-1171. State v. Kalman.
Ashland App. No. 16-COA-042, 2017-
Ohio-6910.
O???Neill, J., not participating.
2017-1172. State v. Parra. Lucas
App. No. L-15-1290, 2017-Ohio-5761.
O???Neill, J., not participating.
2017-1187. State v. Steele. Delaware
App. No. 17 CAA 010007, 2017-Ohio-
5847.
O???Neill, J., not participating.
2017-1208. State v. Rembert.
Franklin App. Nos. 16AP-543 and
16AP-544, 2017-Ohio-1173.
O???Donnell and O???Neill, JJ., not
participating.
2017-1219. In re Estate of Bringman.
Franklin App. No. 17AP-68, 2017-
Ohio-5535.
O???Neill, J., not participating.
2017-1225. Cuyahoga Cty. Bd. of
Health v. Harper.
Cuyahoga App. No. 104611, 2017-Ohio-
6882.
O???Neill, J., not participating.
2017-1226. State v. Lindsay.
Richland App. No. 17CA57.
O???Neill, J., not participating.
2017-1234. Whipps v. Ryan. Franklin
App. Nos. 17AP-22 and 17AP-28.
O???Neill, J., not participating.
2017-1244. Bank of Am., N.A. v.
Brown. Cuyahoga App. No. 105954.
O???Neill, J., not participating.
2017-1260. State v. Thompson.
Montgomery App. No. 26954, 2016-
Ohio-7521.
O???Neill, J., not participating.
2017-1265. State v. Sanchez. Putnam
App. No. 12-17-01.
O???Neill, J., not participating.
2017-1271. State v. Anderson .
Hamilton App. No. C-160606.
O???Neill and Fischer, JJ., not
participating.
2017-1273. LexisNexis v. Moreau-
Davila.
Montgomery App. No. 27319, 2017-
Ohio-6998.
O???Neill, J., not participating.
2017-1275. Watkins v. Pough.
Trumbull App. No. 2016-T-0100, 2017-
Ohio-7026.
O???Neill, J., not participating.
2017-1276. State v. Loper. Cuyahoga
App. No. 104828, 2017-Ohio-542.
O???Neill, J., not participating.
2017-1294. State v. Johnson.
Cuyahoga App. No. 105987.
O???Neill, J., not participating.
2017-1297. State v. Melson. Hamilton
App. No. C-170183. Appellant???s
motion for stay denied.
O???Neill, J., not participating.
2017-1302. State v. McFarlane.
Franklin App. Nos. 17AP-424 and
17AP-425.
O???Neill, J., not participating.
2017-1305. State v. Cathcart.
Franklin App. No. 17AP-505.
O???Neill, J., not participating.
2017-1324. State v. Russell.
Franklin App. No. 16AP-542, 2017-
Ohio-2871. Appellant???s motion to
take judicial notice denied.
O???Neill, J., not participating.
2017-1328. JP Morgan Chase Bank v.
Stevens. Cuyahoga App. No. 104835,
2017-Ohio-7165.
O???Neill, J., not participating.
2017-1343. State v. Neil. Franklin
App. Nos. 14AP-981 and 15AP-594,
2016-Ohio-4762.
O???Neill, J., not participating.
2017-1354. State v. Teal.
Lucas App. Nos. L-15-1280 and L-15-
1281, 2017-Ohio-7202.
O???Neill, J., not participating.
2017-1355. State v. Oller. Franklin
App. No. 16AP-429, 2017-Ohio-7575.
O???Neill, J., not participating.
2017-1374. State v. Walker. Summit
App. No. 28244, 2017-Ohio-7236.
O???Neill, J., not participating.
2017-1381. State v. DeJarnette.
Franklin App. Nos. 17AP-404, 17AP-
405, and 17AP-406.
O???Neill, J., not participating.
2017-1397. State v. Bailey. Lucas
App. No. L-16-1278, 2017-Ohio-7350.
French, J., dissents.
O???Neill, J., not participating.
2017-1399. Stewart v. Gillie.
Franklin App. No. 16AP-859, 2017-
Ohio-4088.
French and O???Neill, JJ., not
participating.
2017-1418. State v. Winbush. Clark
App. No. 17-CA-0074.
O???Neill, J., not participating.
2017-1429. State v. Barnes.
Muskingum App. No. CT2016-0024,
2016-Ohio-8247.
O???Neill, J., not participating.
2017-1454. State v. Palmer. Summit
App. No. 28303, 2017-Ohio-2639.
O???Neill, J., not participating.
2017-1511. State v. McClellan. Stark
App. No. 2016CA00142, 2017-Ohio-
4402.
O???Neill, J., not participating.
2017-1539. State v. Eddy. Cuyahoga
App. No. 104417, 2017-Ohio-7398.
O???Neill, J., not participating.
RECONSIDERATION OF PRIOR DECISIONS
1995-0042. State v. Wogenstahl.
Hamilton App. No. C-930222. Reported
at 150 Ohio St.3d 571, 2017-Ohio-
6873, 84 N.E.3d 1008. On
appellant???s motion for
reconsideration. Motion denied. On
appellant???s motion to supplement
the record on direct appeal or
remand for an evidentiary hearing.
Motion denied.
Donna J. Carr, J., of the Ninth
District Court of Appeals, sitting
for Fischer, J.
Eileen T. Gallagher, J., of the
Eighth District Court of Appeals,
sitting for DeWine, J.
O???Neill, J., not participating.
2016-1911. State ex rel. Evans v.
McGrath. Franklin App. No. 16AP-238,
2016-Ohio-8348. Reported at __ Ohio
St.3d __, 2017-Ohio-8290, __ N.E.3d
__. On appellant???s motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-1353. State v. Artis. Hamilton
App. Nos. C-160707, C-160727, C-
160728, C-160729, and C-160730.
Reported at __ Ohio St.3d __, 2017-
Ohio-8297, __ N.E.3d __. On
appellant???s motion for
reconsideration. Motion denied.
Appellant???s motion for stay,
motion to correct caption, and
motion to not dismiss denied as
moot.
O???Neill and Fischer, JJ., not
participating.
CASE ANNOUNCEMENTS
December 18, 2017
[Cite as 12/18/2017 Case
Announcements, 2017-Ohio-9065.]
SLIP OPINIONS REPLACED BY OHIO
OFFICIAL REPORTS VERSIONS AS OF
DECEMBER 18, 2017
The official versions of the
opinions listed below, which were
previously released as slip
opinions, have been published in the
December 18, 2017 Ohio Official
Reports advance sheet. These
opinions should now be cited using
the Ohio Official Reports citation
format.
2014-0799. Corrigan v. Illum. Co. ,
151 Ohio St.3d 85, 2017-Ohio-7555.
2014-0940. State v. Woods , 151 Ohio
St.3d 62, 2016-Ohio-8465.
2015-0192. State v. D.B. , 151 Ohio
St.3d 60, 2016-Ohio-8334.
2015-0378. Cincinnati School Dist.
Bd. of Edn. v. Hamilton Cty. Bd. of
Revision , 151 Ohio St.3d 109, 2017-
Ohio-7650.
2015-1074. State ex rel. Ohio
Presbyterian Retirement Servs., Inc.
v. Indus. Comm. , 151 Ohio St.3d 92,
2017-Ohio-7577.
2015-1187. In re Grand Jury
Proceedings of Doe , 151 Ohio St.3d
60, 2016-Ohio-8356.
2015-1239 and 2015-1240. In re Grand
Jury Proceedings of Doe , 151 Ohio
St.3d 61, 2016-Ohio-8357.
2015-2105. Columbus City Schools Bd.
of Edn. v. Franklin Cty. Bd. of
Revision , 151 Ohio St.3d 100, 2017-
Ohio-7578.
2016-0315. State v. Lee , 151 Ohio
St.3d 62, 2016-Ohio-8469.
2016-0315. State v. Lee , 151 Ohio
St.3d 123, 2017-Ohio-7826.
2016-0778. MacDonald v. Cleveland
Income Tax Bd. of Rev. , 151 Ohio
St.3d 114, 2017-Ohio-7798.
2016-0790. Johnson v. Montgomery ,
151 Ohio St.3d 75, 2017-Ohio-7445.
2016-1116. Lightning Rod Mut. Ins.
Co. v. Southworth , 151 Ohio St.3d
70, 2017-Ohio-7438.
2016-1147. Ashtabula Cty. Bar Assn.
v. Brown , 151 Ohio St.3d 63, 2017-
Ohio-5698.
2016-1183. State ex rel. Consortium
for Economic & Community Dev. for
Hough Ward 7 v. Russo , 151 Ohio
St.3d 129, 2017-Ohio-8133.
2016-1270. State v. Belton , 151
Ohio St.3d 124, 2017-Ohio-7827.
2016-1288. State ex rel. Perotti v.
Clipper , 151 Ohio St.3d 132, 2017-
Ohio-8134.
2016-1841. State ex rel. Stith v.
Dept. of Rehab. & Corr. , 151 Ohio
St.3d 125, 2017-Ohio-7824.
2017-1232. Disciplinary Counsel v.
Brown , 151 Ohio St.3d 1224, 2017-
Ohio-8009.
2017-1285. State ex rel. Tam O???
Shanter Co. v. Stark Cty. Bd. of
Elections , 151 Ohio St.3d 134,
2017-Ohio-8167.
16-AP-100. In re Disqualification of
O???Toole, 151 Ohio St.3d 1222,
2017-Ohio-7053.
MOTION AND PROCEDURAL RULINGS
2017-1283. Loveman Steel Corp. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2017-405.
On amended joint motion to remand
the appeal to the Board of Tax
Appeals. Cause remanded to the Board
of Tax Appeals to take further
action as appropriate.
CASE ANNOUNCEMENTS
December 15, 2017
[Cite as 12/15/2017 Case Announcements #2,
2017-Ohio-9043.]
MISCELLANEOUS DISMISSALS
2017-1410. State ex rel Keenon v. Cuyahoga Cty.
Bd. of Elections.
In Mandamus. This court, sua sponte, reconsiders
its order of November 6, 2017, and denies the
motion for reconsideration. Accordingly, this cause
is dismissed.
O’Donnell and Kennedy, JJ., dissent.
O’Neill, J., not participating.
CASE ANNOUNCEMENTS
December 15, 2017
[Cite as 12/15/2017 Case
Announcements, 2017-Ohio-9034.]
DISCIPLINARY CASES
2014-1404. Disciplinary Counsel v.
Corner. On application for
reinstatement. Application denied.
2016-1490. Disciplinary Counsel v.
Peck. On notice of violation and
motion to lift stay. Respondent
shall show cause by filing a written
response with the clerk of this
court within ten days why he should
not be held in contempt, the stay of
his suspension should not be
revoked, and he should not be
suspended for failure to comply with
this court???s order of May 30,
2017.
CASE ANNOUNCEMENTS
December 14, 2017
[Cite as 12/14/2017 Case
Announcements, 2017-Ohio-9004.]
MERIT DECISIONS WITH OPINIONS
2016-1115 and 2016-1153. State ex
rel. Cincinnati Enquirer v. Pike
Cty. Coroner???s Office , Slip
Opinion No. 2017-Ohio-8988.
In Mandamus. Writ and motions
denied.
O???Connor, C.J., and Celebrezze,
O???Neill, and Piper, JJ., concur.
Kennedy, J., dissents, with an
opinion joined by O???Donnell, J.
Fischer, J, dissents, with an
opinion joined by O???Donnell, J.
Frank D. Celebrezze Jr., J., of the
Eighth Appellate District, sitting
for French, J.
Robin N. Piper, J., of the Twelfth
Appellate District, sitting for
DeWine, J.
DISCIPLINARY CASES
2017-1496. Disciplinary Counsel v.
Oviatt.
On relator???s October 24, 2017
motion for an order to appear and
show cause. On November 8, 2017,
this court ordered respondent to
show cause why he should not be held
in contempt. Respondent filed a
response, and this cause was
considered by the court.
Motion granted. Respondent, Richard
Ahlman Oviatt, found in contempt and
ordered to produce his responses to
relator???s discovery requests and
to comply with the orders issued by
the Board of Professional Conduct.
O???Neill, J., not participating.
2017-1659. In re Resignation of
Leonard.
On application for resignation of
Robert Kolter Leonard, Attorney
Registration No. 0010537, and on
report filed under seal by
disciplinary counsel. Resignation
accepted with disciplinary action
pending.
O???Neill, J., not participating.
####################################
#######
SECOND CASE ANNOUNCEMENTS
December 14, 2017
[Cite as 12/14/2017 Case
Announcements #2, 2017-Ohio-9005.]
DISCIPLINARY CASES
2017-1086. Disciplinary Counsel v.
Leonard.
On report by the Board of
Professional Conduct. On December
14, 2017, in 2017-1659, In re
Resignation of Leonard, this court
accepted respondent???s resignation
from the practice of law with
disciplinary action pending.
Therefore, it is ordered by the
court that case No. 2017-1086 is
dismissed.
It is further ordered that
respondent be taxed the costs of
these proceedings in the amount of
$1,379.40, which costs shall be
payable to this court by cashier???s
check or money order within 90 days.
It is further ordered that if these
costs are not paid in full within 90
days, interest at the rate of 10
percent per annum shall accrue in 90
days and the matter may be referred
to the attorney general for
collection. It is further ordered
that respondent is liable for all
collection costs pursuant to R.C.
131.02 if the debt is certified to
the attorney general for collection.
CASE ANNOUNCEMENTS
December 12, 2017
[Cite as 12/12/2017 Case
Announcements #2, 2017-Ohio-8966.]
MOTION AND PROCEDURAL RULINGS
2017-1742. State v. Mick.
Erie App. No. E-16-074, 2017-Ohio-
8922. Sua sponte, appellee ordered
to file a response, if any, to
appellant???s motion for stay of
attorney???s contempt sentence no
later than 12:00 p.m. on Wednesday,
December 13, 2017.
CASE ANNOUNCEMENTS
December 12, 2017
[Cite as 12/12/2017 Case Announcements, 2017-
Ohio-8953.]
MOTION AND PROCEDURAL RULINGS
2001-0253. State v. Bryan.
Cuyahoga C.P. No. CR393660. On appellee’s
motion to set an execution date. Motion granted.
Quisi Bryan’s sentence shall be carried into
execution by the warden of the Southern Ohio
Correctional Facility or, in his absence, by the
deputy warden on Wednesday, October 26, 2022,
in accordance with the statutes so provided.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
2017-1284. Nakharath v. Vathannh.
In Mandamus. On relator’s “motion for work place
discrimination.” Motion denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
DISCIPLINARY CASES
2017-1232. Disciplinary Counsel v. Brown.
Sua sponte, Thomas Christopher Brown, Attorney
Registration No. 0024054, last known business
address in Geneva, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before November 1, 2017.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
2017-1315. Disciplinary Counsel v. Deters.
Sua sponte, Mark Alan Deters, Attorney
Registration No. 0085094, last known business
address in Bellbrook, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before October 30, 2017.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
2017-1364. In re Chuparkoff.
Sua sponte, Mark Andrew Chuparkoff, Attorney
Registration No. 0071982, last known business
address in Akron, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before November 1, 2017.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
2017-1714. In re Hoague.
On certified entry of felony conviction. Michael
Christopher Hoague, Attorney Registration No.
0024771, suspended from the practice of law for
an interim period.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., not participating.
CASE ANNOUNCEMENTS
December 11, 2017
[Cite as 12/11/2017 Case
Announcements, 2017-Ohio-8925.]
MOTION AND PROCEDURAL RULINGS
In re Harris.
On April 20, 2016, this court found
Dwayne Harris to be a vexatious
litigator under S.Ct.Prac.R.
4.03(B). This court further ordered
that Harris was prohibited from
continuing or instituting legal
proceedings in the court without
obtaining leave. On December 4,
2017, Harris presented an
application for leave to institute a
legal proceeding in the Ohio Supreme
Court. It is ordered by the court
that the application for leave is
denied.
2017-1363. State v. Fetherolf.
Union App. No. 14-16-10, 2017-Ohio-
1316. On appellant???s motion to
strike document from record. Motion
denied as moot.
???CASE ANNOUNCEMENTS
December 6, 2017
[Cite as 12/6/2017 Case
Announcements, 2017-Ohio-8842.]
MERIT DECISIONS WITH OPINIONS
2015-0713. Orange City School Dist.
Bd. of Edn. v. Cuyahoga Cty. Bd. of
Revision , Slip Opinion No. 2017-
Ohio-8817.
Board of Tax Appeals, No. 2014-0206.
Decision reversed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2015-0976. Kinnear Rd.
Redevelopment, L.L.C. v. Testa ,
Slip Opinion No. 2017-Ohio-8816.
Board of Tax Appeals, No. 2013-1407.
Decision affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2015-1332. Accel, Inc. v. Testa ,
Slip Opinion No. 2017-Ohio-8798.
Board of Tax Appeals, No. 2012-2840.
Decision affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2015-1388. Huber Hts. City Schools
Bd. of Edn. v. Montgomery Cty. Bd.
of Revision , Slip Opinion No. 2017-
Ohio-8819.
Board of Tax Appeals, No. 2014-4891.
Decision affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2015-1431. Jakobovitch v. Cuyahoga
Cty. Bd. of Revision , Slip Opinion
No. 2017-Ohio-8818.
Board of Tax Appeals, No. 2015-1431.
Decision affirmed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2015-1432. Mann v. Cuyahoga Cty. Bd.
of Revision , Slip Opinion No. 2017-
Ohio-8820.
Board of Tax Appeals, No. 2014-3407.
Decision vacated and cause remanded.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2016-1494. Disciplinary Counsel v.
Maney , Slip Opinion No. 2017-Ohio-
8799.
On Report by the Board of
Professional Conduct, No. 2015-074.
Thomas Patrick Maney Jr., Attorney
Registration No. 0029042, is hereby
suspended from the practice of law
for one year, with six months stayed
on conditions.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., dissents.
2016-1834. Disciplinary Counsel v.
Schuman , Slip Opinion No. 2017-
Ohio-8800.
On Report by the Board of
Professional Conduct, No. 2016-021.
Andrew Robert Schuman, Attorney
Registration No. 0072950, is hereby
suspended from the practice of law
for one year, with six months stayed
on conditions and reinstatement
stayed on conditions.
O???Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O???Connor, C.J., and O???Neill, J.,
dissent and would not stay any
portion of the suspension.
2017-0487. Disciplinary Counsel v.
Smith , Slip Opinion No. 2017-Ohio-
8821.
On Report by the Board of
Professional Conduct, No. 2016-068.
Samuel Ray Smith II, Attorney
Registration No. 0076242, is hereby
suspended from the practice of law
for 18 months, with 12 months
stayed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and DeWine, JJ., concur.
2017-0489. Disciplinary Counsel v.
Fuhry , Slip Opinion No. 2017-Ohio-
8813.
On Report by the Board of
Professional Conduct, No. 2016-060.
Gigi Hoang Fuhry, Attorney
Registration No. 0071630, is hereby
suspended from the practice of law
for two years, with six months
stayed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, O???Neill, Fischer,
and O???Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2017-1094. El Bey v. McHale.
In Mandamus. On respondent???s
motion to dismiss amended complaint.
Motion granted. Cause dismissed. On
relator???s motion for peremptory
writ. Motion denied.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1162. State ex rel. Brillhart
v. DeWine.
In Mandamus and Prohibition. On
respondent???s motion to dismiss.
Motion granted. Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1204. Person v. Lanzinger.
In Mandamus. On respondent???s
motion for judgment on pleadings.
Motion granted. Cause dismissed.
O???Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O???Connor, C.J., and O???Neill, J.,
not participating.
2017-1227. State ex rel. Pressley v.
Cook.
In Mandamus. On respondent???s
motion to dismiss. Motion granted.
Cause dismissed. On relator???s
motion to take judicial notice.
Motion denied as moot.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1241. Stewart v. Richard.
In Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1281. State ex rel. Farmer v.
Delaney.
In Mandamus. On respondents???
motions to dismiss. Motions granted.
Cause dismissed. On relator???s
motion for leave to file amended
complaint in mandamus and/or
prohibition. Motion denied. On
respondents??? motion to dismiss
amended complaint. Motion denied as
moot.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1284. Nakharath v. Vathannh.
In Mandamus. On respondents???
motion to dismiss. Motion granted.
Cause dismissed. On relator???s
motion to open a case of workplace
discrimination. Motion denied as
moot. On relator???s motion to
strike. Motion denied.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1319. O???Brien v. Brown.
In Prohibition. On respondent???s
motion to dismiss. Motion granted.
Cause dismissed. On relators???
amended motion for emergency stay.
Motion denied.
O???Connor, C.J., and O???Donnell,
Kennedy, Fischer, and DeWine, JJ.,
concur.
French and O???Neill, JJ., not
participating.
2017-1327. Saag v. McBride.
In Procedendo. On respondent???s
motion to dismiss. Motion granted.
Cause dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1456. Price v. Eppinger.
In Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1466. Woodard v. Eppinger.
In Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1490. Banks v. Richard.
In Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
2017-1510. Combs v. Eppinger.
In Habeas Corpus. Sua sponte, cause
dismissed.
O???Connor, C.J., and O???Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O???Neill, J., not participating.
MOTION AND PROCEDURAL RULINGS
2017-0244. State v. Johnson.
Muskingum App. No. CT2016-0035,
2016-Ohio-7931. On motion for
relief. Motion denied.
O???Neill, J., not participating.
2017-0356. State ex rel. Franklin v.
Stark Cty. Dept. of Job & Family
Servs.
Stark App. No. 2016CA00109. On
petition to challenge dismissal.
Petition denied.
O???Neill, J., not participating.
2017-0503. State ex rel. Hillman v.
Franklin Cty. Common Pleas Adm.
Judge.
In Procedendo. On motion for relief
from judgment. Motion denied.
O???Neill, J., not participating.
2017-0637. State ex rel. Sheets v.
Indus. Comm.
Franklin App. No. 16AP-22, 2017-
Ohio-1169. On motion for stay and to
remand. Motion denied.
O???Neill, J., not participating.
2017-0913. Electronic Classroom of
Tomorrow v. Dept. of Edn.
Franklin App. No. 16AP-863, 2017-
Ohio-5607. On amended emergency
motion for injunction and/or to
expedite. Motion denied.
O???Donnell, J., dissents.
W. Scott Gwin, J., of the Fifth
District Court of Appeals, sitting
for French, J.
O???Neill, J., not participating.
2017-1122. State v. Gordon.
Summit App. No. 28191, 2017-Ohio-
5796. On request to hold briefing
schedule in abeyance. Motion denied
as moot.
O???Neill, J., not participating.
2017-1212. State v. Rigel.
Clark App. No. 2016-CA-50, 2017-
Ohio-6906. On motion for stay.
Motion denied.
O???Neill, J., not participating.
2017-1245. Stoltz v. J & B Steel
Erectors, Inc.
Certified Question of State Law,
United States District Court for the
Southern District of Ohio, No. 1:14-
cv-44. On review pursuant to
S.Ct.Prac.R. 9.05, the court will
answer the following question:
???Whether [R.C.] 4123.35(O) is
unconstitutional as applied to the
tort claims of an enrolled
subcontractor???s employee who is
injured while working on a self-
insured construction project and
whose injury is compensable under
Ohio workers??? compensation
laws.???
Petitioners shall file their merit
brief within 40 days and the parties
shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02
through 16.04 and S.Ct.Prac.R. 9.07.
On motion of Messer Construction Co.
to be designated as an amicus curiae
in support of petitioners. Motion
granted.
O???Connor, C.J., and O???Donnell
and Fischer, JJ., dissent.
William A. Klatt, of the Tenth
District Court of Appeals, sitting
for O???Neill, J.
2017-1291. State v. Parks.
Carroll App. No. 17 CA 0916. On
amended motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1298. State v. Elam.
Cuyahoga App. No. 103122, 2016-Ohio-
5619. On motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1322. State v. Hamm.
Hamilton App. Nos. C-160230 and C-
160231, 2017-Ohio-5595. On motion
for leave to file delayed appeal.
Motion fails for want of four votes.
Kennedy and DeWine, JJ., dissent.
O???Neill and Fischer, JJ., not
participating.
2017-1332. State v. Duvernay.
Allen App. No. 1-16-62, 2017-Ohio-
4219. On motion for leave to file
delayed appeal. Motion granted.
Appellant shall file a memorandum in
support of jurisdiction within 30
days.
O???Donnell and DeWine, JJ.,
dissent.
O???Neill, J., not participating.
2017-1336. Boyd v. Kingdom Trust Co.
Certified Question of State Law,
United States Court of Appeals for
the Sixth Circuit, No. 17-3026. On
review pursuant to S.Ct.Prac.R.
9.05, the court will answer the
following question:
???Does [R.C.] 1707.43 impose joint
and several liability on a person
who, acting as the custodian of a
self-directed IRA, purchased??? on
behalf and at the direction of the
owner of the self-directed IRA???
illegal securities????
Petitioners shall file their merit
brief within 40 days and the parties
shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02
through 16.04 and S.Ct.Prac.R. 9.07.
O???Connor, C.J., and Kennedy, J.,
dissent.
O???Neill, J., not participating.
2017-1369. State v. Wright.
Carroll App. No. 15 CA 0907, 2016-
Ohio-8549. On motion for leave to
file delayed appeal. Motion denied.
On appellee???s motion to dismiss.
Motion denied.
O???Neill, J., not participating.
2017-1394. State v. Washington.
Hamilton App. No. C-160697. On
motion for leave to file delayed
appeal. Motion denied.
O???Neill and Fischer, JJ., not
participating.
2017-1430. State v. Almazan.
Cuyahoga App. No. 103563, 2016-Ohio-
5408. On motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1437. State v. Banks.
Seneca App. No. 13-12-18, 2013-Ohio-
649. On amended motion for leave to
file delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1439. State v. Chatmon.
Cuyahoga App. No. 99508, 2013-Ohio-
5245. On motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1457. State v. Patterson.
Cuyahoga App. No. 101415, 2015-Ohio-
873. On motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1461. State v. Canales.
Stark App. No. 2016 CA 00141, 2017-
Ohio-5552. On motion for leave to
file delayed appeal. Motion denied.
Fischer, J., dissents.
O???Neill, J., not participating.
2017-1462. State v. Powell.
Summit App. No. 28170, 2017-Ohio-
5629. On motion for leave to file
delayed appeal. Motion granted.
Appellant shall file a memorandum in
support of jurisdiction within 30
days.
O???Connor, C.J., and O???Donnell,
J., dissent.
O???Neill, J., not participating.
2017-1470. State v. Stevens.
Cuyahoga App. No. 103516, 2016-Ohio-
4699. On motion for leave to file
delayed appeal. Motion denied.
O???Neill, J., not participating.
2017-1472. State v. Fox.
Franklin App. No. 17AP-201. On
motion for leave to file delayed
appeal. Motion denied.
French and O???Neill, JJ., not
participating.
2017-1543. Mullaji v. Mollagee.
Lorain App. No. 16CA011047. On
motion for stay. Motion denied.
O???Neill, J., not participating.
APPEALS ACCEPTED FOR REVIEW
2017-0514. Ohio N. Univ. v. Charles
Constr. Services, Inc.
Hancock App. No. 5-16-01, 2017-Ohio-
258.
O???Connor, C.J., and Fischer, J.,
dissent.
O???Neill, J., not participating.
2017-0553. Dept. of Job & Family
Servs. v. Delphi Automotive Sys.,
L.L.C.
Franklin App. No. 14AP-971, 2017-
Ohio-809.
O???Connor, C.J., and DeWine, J.,
dissent.
O???Neill, J., not participating.
APPEALS NOT ACCEPTED FOR REVIEW
2017-0290. White v. Harris.
Warren App. No. CA2016-09-080.
O???Neill, J., not participating.
2017-0410. State v. Beck.
Hamilton App. No. C-150539, 2016-
Ohio-8122.
French, J., dissents and would
accept the cross-appeal.
O???Neill and Fischer, JJ., not
participating.
2017-0468. Selwyn v. Grimes.
Cuyahoga App. No. 104605.
O???Neill, J., not participating.
2017-0471. State v. Boles.
Brown App. No. CA2016-07-014, 2017-
Ohio-786.
O???Neill, J., not participating.
2017-0472. Kettering Health Network
v. CareSource.
Montgomery App. No. 27233, 2017-
Ohio-1193.
O???Donnell, J., dissents.
Fischer, J., dissents and would
accept the cause on proposition of
law No. I.
O???Neill, J., not participating.
2017-0473. Schultheiss v. Heinrich
Ents., Inc.
Washington App. No. 15CA20, 2016-
Ohio-121.
O???Donnell, J., dissents.
O???Neill, J., not participating.
2017-0475. State v. Sowell.
Cuyahoga App. No. 104673, 2016-Ohio-
8299.
O???Neill, J., not participating.
2017-0481. State v. Kuck.
Darke App. No. 2015-CA-13, 2016-
Ohio-8512.
O???Neill, J., not participating.
2017-0486. State v. Waters.
Cuyahoga App. No. 103932, 2017-Ohio-
650.
O???Neill, J., not participating.
2017-0493. State v. Eddy.
Cuyahoga App. No. 104417, 2017-Ohio-
741.
O???Neill, J., not participating.
2017-0505. State v. Kiehl.
Portage App. No. 2015-P-0020, 2016-
Ohio-8543.
O???Neill, J., not participating.
2017-0510. In re D.C.
Franklin App. No. 16AP-124, 2017-
Ohio-114.
DeWine, J., dissents.
O???Neill, J., not participating.
2017-0512. Johnson v. Hisle.
Hamilton App. No. C-160587.
O???Neill and Fischer, JJ., not
participating.
2017-0516. Greenzalis v. Nationwide
Mut. Ins. Co.
Franklin App. Nos. 16AP-139 and
16AP-382, 2016-Ohio-8344.
O???Neill, J., not participating.
2017-0551. Ford Motor Credit Co. v.
Agrawal.
Cuyahoga App. No. 103667, 2016-Ohio-
5928.
O???Neill, J., not participating.
2017-0552. Janiszewski v. Belmont
Career Ctr.
Belmont App. No. 16 BE 0009, 2017-
Ohio-855.
O???Neill, J., not participating.
2017-0555. Hiznay v. Boardman Twp.
Mahoning App. No. 15 MA 122, 2017-
Ohio-1212.
DeWine, J., dissents.
O???Neill, J., not participating.
2017-0561. State v. Guysinger.
Ross App. No. 15CA3514, 2017-Ohio-
1167.
O???Neill, J., not participating.
2017-0562. Roush v. Roush.
Franklin App. Nos. 15AP-1071, 16AP-
264, and 16AP-388, 2017-Ohio-840.
O???Neill, J., not participating.
2017-0564. State v. McBride.
Trumbull App. No. 2016-T-0006, 2017-
Ohio-891.
O???Neill, J., not participating.
2017-0567. State ex rel. New Riegel
Local School Dist. Bd. of Edn. v.
Ohio School Facilities Comm.
Seneca App. No. 13-16-22, 2017-Ohio-
875.
O???Donnell, J., dissents and would
accept the cause on proposition of
law Nos. I and II.
O???Neill, J., not participating.
2017-0568. State v. Onunwor.
Cuyahoga App. No. 97895.
O???Neill, J., not participating.
2017-0569. State v. Murray.
Franklin App. No. 16AP-16, 2017-
Ohio-949.
O???Neill, J., not participating.
2017-0574. Madison St. Fishery,
L.L.C. v. Zehringer.
Erie App. No. E-16-038, 2017-Ohio-
992.
O???Donnell and French, JJ.,
dissent.
O???Neill, J., not participating.
2017-0576. State v. Stidam.
Adams App. No. 15CA1014, 2016-Ohio-
7906.
French and Fischer, JJ., dissent.
O???Neill, J., not participating.
2017-0577. State v. Leonard.
Ross App. No. 16CA3573, 2017-Ohio-
1541.
O???Neill, J., not participating.
2017-0579. State v. Iakobets.
Summit App. No. 27974, 2017-Ohio-
910.
O???Neill, J., not participating.
2017-0582. State v. Silknitter.
Union App. No. 14-16-07, 2017-Ohio-
327.
O???Neill, J., not participating.
2017-0587. Carr v. Cuyahoga Cty.
Fiscal Officer.
Cuyahoga App. No. 104652, 2017-Ohio-
1050.
O???Neill, J., not participating.
2017-0609. State v. Petty.
Franklin App. No. 15AP-950, 2017-
Ohio-1062.
O???Donnell and O???Neill, JJ., not
participating.
2017-0610. Cole v. Dept. of Mental
Health & Addiction Servs.
Cuyahoga App. No. 104975, 2017-Ohio-
1375.
O???Neill, J., not participating.
2017-0627. State v. Barnes.
Hamilton App. No. C-150678.
O???Neill and Fischer, JJ., not
participating.
2017-0640. State v. Hartman.
Medina App. No. 15CA0090-M, 2017-
Ohio-1089.
O???Neill, J., not participating.
2017-0648. State v. Gutierrez.
Delaware App. No. 16 CAA 07 0030,
2017-Ohio-1147.
French, J., dissents.
O???Neill, J., not participating.
2017-0774. State v. Fetherolf.
Union App. Nos. 14-16-10 and 14-16-
11, 2017-Ohio-1316.
O???Neill, J., not participating.
2017-0857. State v. Ketterer.
Butler App. No. CA2016-08-166, 2017-
Ohio-4117.
O???Neill, J., not participating.
2017-0990. State v. Ward.
Franklin App. No. 16AP-774, 2017-
Ohio-4411.
O???Neill, J., not participating.
2017-0993. State v. Hernandez.
Belmont App. No. 16 BE 0008, 2017-
Ohio-4157.
O???Neill, J., not participating.
2017-0999. In re N.K.R.
Franklin App. No. 17AP-311.
O???Neill, J., not participating.
2017-1003. State v. Bush.
Mahoning App. No. 16 MA 0016.
O???Neill, J., not participating.
2017-1005. State v. Dunning.
Pickaway App. No. 17CA3, 2017-Ohio-
4451.
O???Neill, J., not participating.
2017-1007. State v. Parker.
Mahoning App. No. 15 MA 0174, 2017-
Ohio-4382.
O???Neill, J., not participating.
2017-1010. State ex rel. Ames v.
Portage Cty. Bd. of Commrs.
Portage App. No. 2016-P-0057, 2017-
Ohio-4237.
O???Donnell, J., dissents.
DeWine, J., dissents and would
accept the cause on proposition of
law No. I.
O???Neill, J., not participating.
2017-1013. State v. Thomas.
Allen App. No. 1-16-36, 2017-Ohio-
4356.
O???Neill, J., not participating.
2017-1017. State v. Dahms.
Seneca App. No. 13-16-16, 2017-Ohio-
4221.
O???Neill, J., not participating.
2017-1018. State v. Tyree.
Fayette App. No. CA2016-09-012,
2017-Ohio-4228.
O???Neill, J., not participating.
2017-1025. State v. Lockhart.
Scioto App. No. 16CA3732, 2017-Ohio-
5798.
French, J., dissents and would
accept the cause on proposition of
law No. I.
O???Neill, J., not participating.
2017-1048. State v. Lusane.
Portage App. No. 2016-P-0036, 2017-
Ohio-1513.
O???Neill, J., not participating.
2017-1053. State v. Ingram.
Sandusky App. No. S-16-046, 2017-
Ohio-5685.
O???Neill, J., not participating.
2017-1075. State v. White.
Cuyahoga App. No. 105430, 2017-Ohio-
6984.
O???Neill, J., not participating.
2017-1092. State v. McKinnon.
Columbiana App. No. 16 CO 0011,
2017-Ohio-5784.
O???Neill, J., not participating.
2017-1093. State v. Vinson.
Lake App. No. 2016-L-086, 2017-Ohio-
5641.
O???Neill, J., not participating.
2017-1100. State v. Keith.
Crawford App. No. 3-17-01, 2017-
Ohio-5488.
O???Neill, J., not participating.
2017-1103. State ex rel. Phillips v.
Adult Parole Auth.
Franklin App. No. 17AP-7, 2017-Ohio-
5532.
O???Neill, J., not participating.
2017-1104. State v. Rufus.
Cuyahoga App. No. 105026, 2017-Ohio-
5583.
O???Neill, J., not participating.
2017-1107. State v. Ercoli.
Cuyahoga App. No. 104578, 2017-Ohio-
5571.
O???Neill, J., not participating.
2017-1108. State v. Jackson.
Montgomery App. No. 27172, 2017-
Ohio-1304. Motion to certify record
denied as moot.
O???Neill, J., not participating
2017-1109. State v. Jackson.
Montgomery App. No. 27172, 2017-
Ohio-1304.
O???Neill, J., not participating.
2017-1133. State v. Stout.
Hardin App. No. 6-17-04.
O???Neill, J., not participating.
2017-1140. State v. Love.
Erie App. No. E-16-024, 2017-Ohio-
5688.
O???Neill, J., not participating.
2017-1145. State v. Bragg.
Licking App. No. 16-CA-95, 2017-
Ohio-5726.
O???Neill, J., not participating.
2017-1149. State v. Fredrick.
Summit App. No. 28120, 2017-Ohio-
2635.
O???Neill, J., not participating.
2017-1150. State v. Nicholson.
Stark App. No. 2016 CA 00210, 2017-
Ohio-2825.
O???Neill, J., not participating.
2017-1153. State v. Curtis.
Brown App. No. CA2016-12-026, 2017-
Ohio-7018.
O???Neill, J., not participating.
2017-1185. State v. Johnson.
Lucas App. No. L-17-1014, 2017-Ohio-
7102.
O???Neill, J., not participating.
2017-1192. State v. Gordon.
Summit App. No. 28191, 2017-Ohio-
5796.
Fischer, J., dissents and would
accept the cause on proposition of
law No. I.
O???Neill, J., not participating.
2017-1198. State v. Sands.
Lake App. No. 2016-L-124, 2017-Ohio-
5857. Motion for oral argument
denied.
O???Neill, J., not participating.
2017-1201. State v. Warman.
Butler App. No. CA2016-02-029.
O???Neill, J., not participating.
2017-1202. State v. Emerine.
Trumbull App. No. 2016-T-0048.
O???Neill, J., not participating.
2017-1203. State v. White.
Cuyahoga App. No. 101576, 2017-Ohio-
7169.
O???Neill, J., not participating.
2017-1209. State v. Collopy.
Coshocton App. No. 2016-CA-0010.
French, J., dissents.
O???Neill, J., not participating.
2017-1216. State v. Quinn.
Clark App. No. 2014-CA-44, 2017-
Ohio-7000.
O???Donnell, J., dissents.
O???Neill, J., not participating.
2017-1223. State v. Peyton.
Butler App. No. CA2015-06-112.
O???Neill, J., not participating.
2017-1228. State v. Franks.
Summit App. No. 28533, 2017-Ohio-
7045.
O???Connor, C.J., and O???Neill, J.,
not participating.
2017-1230. State v. Johnson.
Franklin App. No. 16AP-843.
O???Neill, J., not participating.
2017-1240. State v. Landrum.
Cuyahoga App. No. 104511, 2017-Ohio-
7240.
O???Neill, J., not participating.
2017-1246. State v. Kidd.
Clark App. No. 2016-CA-87, 2017-
Ohio-6996.
O???Neill, J., not participating.
2017-1253. State v. Beverly.
Clark App. No. 2015-CA-71, 2017-
Ohio-7093.
O???Neill, J., not participating.
2017-1257. State v. Robinson.
Hancock App. No. 5-16-13, 2017-Ohio-
2703.
O???Neill, J., not participating
2017-1258. State v. Bolton.
Cuyahoga App. No. 103628, 2017-Ohio-
7062.
O???Neill, J., not participating.
2017-1299. State v. Berry.
Hancock App. No. 5-16-16.
O???Neill, J., not participating.
2017-1334. State v. Brown.
Cuyahoga App. No. 103491, 2017-Ohio-
7239.
O???Neill, J., not participating.
2017-1363. State v. Fetherolf.
Union App. No. 14-16-10.
O???Neill, J., not participating.
2017-1431. State v. Johnson.
Stark App. No. 2016 CA 00069.
O???Neill, J., not participating.
2017-1434. In re M.O.
Summit App. Nos. 28351, 28371, and
28383, 2017-Ohio-7691. Motion for
stay denied.
Fischer, J., dissents and would
accept the cause.
O???Neill, J., not participating.
2017-1438. State v. Jewett.
Scioto App. No. 15CA3714.
O???Neill, J., not participating.
RECONSIDERATION OF PRIOR DECISIONS
2015-0924. State v. Morgan.
Franklin App. No. 13AP-620, 2014-
Ohio-5661. Reported at __ Ohio St.3d
__, 2017-Ohio-7565, __ N.E.3d __. On
motion for reconsideration. Motion
denied.
O???Connor, C.J., and French, J.,
dissent.
O???Neill, J., not participating.
2016-1013. Stewart v. Vivian.
Clermont App. No. CA2015-05-039,
2016-Ohio-2892. Reported at __ Ohio
St.3d __, 2017-Ohio-7526, __ N.E.3d
__. On motion for reconsideration.
Motion denied.
O???Connor, C.J., dissents.
O???Neill, J., not participating.
2017-0166. State v. Price.
Mahoning App. No. 2015 MA 206.
Reported at 150 Ohio St.3d 1443,
2017-Ohio-7843, 82 N.E.3d 1176. On
motion for reconsideration. Motion
denied.
O???Neill, J., not participating.
2017-0174. Maxwell v. Columbus
Maennerchor.
Franklin App. No. 16AP 41, 2016-
Ohio-7133. Reported at 150 Ohio
St.3d 1443, 2017-Ohio-7843, 82
N.E.3d 1176. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-0267. State v. Napier.
Clermont App. No. CA2016-04-022,
2017-Ohio-246. Reported at 150 Ohio
St.3d 1452, 2017-Ohio-8136, 83
N.E.3d 938. On motion for
reconsideration. Motion denied.
Kennedy, J., dissents.
O???Neill, J., not participating.
2017-0389. State ex rel. Armatas v.
Haas.
In Prohibition. Reported at 150 Ohio
St.3d 1424, 2017-Ohio-7567, 81
N.E.3d 1267. On motion for
reconsideration. Motion denied. On
motion to stay medical-records-
release order. Motion denied.
O???Neill, J., not participating.
2017-0515. State v. Myers.
Wood App. No. WD-16-026, 2017-Ohio-
1220. Reported at 150 Ohio St.3d
1431, 2017-Ohio-7567, 81 N.E.3d
1272. On motion for reconsideration.
Motion denied.
O???Neill, J., not participating.
2017-0534. Secy. of Veterans Affairs
v. Shaffer.
Richland App. No. 16CA23, 2017-Ohio-
801. Reported at 150 Ohio St.3d
1432, 2017-Ohio-7567, 81 N.E.3d
1272. On motion for reconsideration.
Motion denied.
O???Neill, J., not participating.
2017-0600. Burke v. Excalibur
Exploration, Inc.
Ashtabula App. No. 2016-A-0041,
2017-Ohio-999. Reported at 150 Ohio
St.3d 1427, 2017-Ohio-7567, 81
N.E.3d 1269. On motion for
reconsideration. Motion denied.
O???Connor, C.J., and O???Donnell,
J., dissent.
O???Neill, J., not participating.
2017-0713. Woods Cove III, L.L.C. v.
Aloha Spy.
Cuyahoga App. No. 105599. Reported
at 150 Ohio St.3d 1444, 2017-Ohio-
7843, 82 N.E.3d 1177. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-0735. McLaughlin v. Dept. of
Job & Family Servs.
Franklin App. No. 16AP-879. Reported
at 150 Ohio St.3d 1445, 2017-Ohio-
7843, 82 N.E.3d 1177. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-0746. Clark v. Adult Parole
Auth.
Miscellaneous case. Reported at 150
Ohio St.3d 1425, 2017-Ohio-7567, 81
N.E.3d 1268. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-0754. Satterwhite v. Frisch???s
Restaurant, Inc.
Hamilton App. No. C-160506. Reported
at 150 Ohio St.3d 1445, 2017-Ohio-
7843, 82 N.E.3d 1177. On motion for
reconsideration. Motion denied.
O???Neill and Fischer, JJ., not
participating.
2017-0755. State v. Ammiyhuwd.
Butler App. No. CA2016-08-151.
Reported at 150 Ohio St.3d 1453,
2017-Ohio-8136, 83 N.E.3d 939. On
motion for reconsideration. Motion
denied.
O???Neill, J., not participating.
2017-0767. State v. Russell.
Franklin App. No. 16AP-542, 2017-
Ohio-2871. Reported at 150 Ohio
St.3d 1445, 2017-Ohio-7843, 82
N.E.3d 1177. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
2017-0776. State ex rel. Johnson v.
Gormley.
In Prohibition. Reported at 150 Ohio
St.3d 1425, 2017-Ohio-7567, 81
N.E.3d 1268. On motion for
reconsideration. Motion denied. On
motion for findings of fact and
conclusions of law. Motion denied.
O???Neill, J., not participating.
2017-0845. Davis v. Scott.
In Habeas Corpus. Reported at 150
Ohio St.3d 1426, 2017-Ohio-7567, 81
N.E.3d 1268. On motion for
reconsideration. Motion denied.
O???Neill, J., not participating.
CASE ANNOUNCEMENTS
December 5, 2017
[Cite as 12/05/2017 Case Announcements, 2017-
Ohio-8815.]
MERIT DECISIONS WITH OPINIONS
2016-1316. State ex rel. Alford v. Adult Parole
Auth. , Slip Opinion No. 2017-Ohio-8773.
Warren App. No. CA2015-11-104. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1572. State ex rel. Jackson v. Ambrose ,
Slip Opinion No. 2017-Ohio-8784.
Cuyahoga App. No. 104592, 2016-Ohio-5937.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0490. Trumbull Cty. Bar Assn. v. Dull , Slip
Opinion No. 2017-Ohio-8774.
On Certified Report by the Board of Professional
Conduct, No. 2016-027. Joseph Terrence Dull,
Attorney Registration No. 0009288, is hereby
suspended from the practice of law for two years
with the second year stayed on conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0491. Columbus Bar Assn. v. McNeal , Slip
Opinion No. 2017-Ohio-8775.
On Certified Report by the Board of Professional
Conduct, No. 2016-017. Earl Darren McNeal,
Attorney Registration No. 0059218, is hereby
suspended from the practice of law for one year,
fully stayed on conditions.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., dissents and would stay six
months of respondent’s suspension.
2017-0540. Disciplinary Counsel v. Schroeder ,
Slip Opinion No. 2017-Ohio-8790.
On Final Report by the Board on the
Unauthorized Practice of Law, No. UPL 16-01U.
Ned K. Schroeder is enjoined from all activities
that constitute the unauthorized practice of law in
Ohio.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1088. Disciplinary Counsel v. Derryberry ,
Slip Opinion No. 2017-Ohio-8767.
On Certified Report by the Board of Professional
Conduct, No. 2015-033. Quentin Martin
Derryberry II, Attorney Registration No. 0024106,
is hereby suspended from the practice of law for
one year, with the entire suspension stayed on
condition.
Kennedy, French, O’Neill, and DeWine, JJ.,
concur.
O’Connor, C.J., and O’Donnell and Fischer, JJ.,
dissent and would stay six months of respondent’s
suspension.
MISCELLANEOUS DISMISSALS
2017-0204. In re Application of the Dayton Power
& Light Co.
Public Utilities Commission, Nos. 08-1094-EL-
SSO, 08-1095-EL-ATA, 08-1096-EL-AAM and 08-
1097-EL-UNC. On Industrial Energy Users-Ohio’s
application for dismissal. Application granted.
Industrial Energy Users-Ohio’s appeal dismissed.
The other appeals filed in this cause remain
pending.
2017-1195. State v. Agostini.
Warren App. Nos. CA2016-02-013 and CA2016-
02-014, 2017-Ohio-4042. Appellant has not filed a
memorandum in support of jurisdiction, due
December 1, 2017, in compliance with the Rules
of Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence. Cause dismissed.
2017-1242. State v. Taylor.
Richland App. No. 16CA66, 2017-Ohio-4059.
Appellant has not filed a memorandum in support
of jurisdiction, due December 1, 2017, in
compliance
with the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence. Cause
dismissed.
MEDIATION MATTERS
2017-1535. State ex rel. Benjamin Steel Co., Inc.
v. Indus. Comm.
Franklin App. No. 15AP-107, 2017-Ohio-8214.
Cause referred to mediation under S.Ct.Prac.R.
19.01.
CASE ANNOUNCEMENTS November 29,
2017 [Cite as 11/29/2017 Case
Announcements, 2017-Ohio-8720.]
MERIT DECISIONS WITH OPINIONS 2016-
1755. State ex rel. Evans v.
McGrath, Slip Opinion No. 2017-
Ohio-8707. Franklin App. No. 16AP-
458, 2016-Ohio-7875. Judgment
affirmed. O’Connor, C.J., and
O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur. 2017-0383. State ex rel.
Womack v. Sloan, Slip Opinion No.
2017-Ohio-8708. Ashtabula App. No.
2015-A-0051, 2017-Ohio-616.
Judgment affirmed. O’Connor, C.J.,
and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur. 2017-0800. Disciplinary
Counsel v. Bucio, Slip Opinion
No. 2017-Ohio-8709. On Report by
the Board of Professional
Conduct, No. 2015-053.
Christopher Ramon Bucio, Attorney
Registration No. 0076517,
indefinitely suspended from the
practice of law. O’Connor, C.J.,
and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur. MOTION AND PROCEDURAL
RULINGS 2017-0004. Turner v.
CertainTeed Corp. Cuyahoga App.
No. 103475. On motion for
admission pro hac vice of
Donald P. Blydenburgh. Motion
granted. Pursuant to Gov.Bar
R. XII(4), counsel shall file a
notice of permission to appear
pro hac vice with the Supreme
Court’s Office of Attorney
Services within 30 days.
OHIO SUPREME COURT CASE
ANNOUNCEMENTS November 22, 2017
[Cite as 11/22/2017 Case
Announcements, 2017-Ohio-8650.]
MERIT DECISIONS WITH OPINIONS
2017-0397. In re Application of Egan
, Slip Opinion No. 2017-Ohio-8651.
On Report by the Board of
Commissioners on Character and
Fitness, No. 663. Shannon O’Connell
Egan’s pending application to
register as a candidate for
admission to the practice of law
approved.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, and
Fischer, JJ., concur.
DeWine, J., concurs in judgment
only.
MOTION AND PROCEDURAL RULINGS
2017-0276. Worthington City Schools
Bd. of Edn. v. Franklin Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2016-151.
On joint motion to remand the appeal
to the Board of Tax Appeals in order
to implement a settlement. Cause
remanded to the Board of Tax Appeals
to take further action as
appropriate.
2017-1160. I.B. v. Olentangy Local
School Dist. Bd. of Edn.
Certified Question of State Law,
United States District Court,
Southern District of Ohio, Eastern
Division, No. 2:16-CV-837. Sua
sponte, parties ordered to file a
report on the status of the
settlement negotiations for this
case within 30 days.
OHIO SUPREME COURT CASE
ANNOUNCEMENTS NOVEMBER 15, 2017
[Cite as 11/15/2017 Case
Announcements, 2017-Ohio-8556.]
MEDIATION MATTERS
The following cases have been
referred to mediation under
S.Ct.Prac.R. 19.01.
2017-0412. In re Application of
Black Fork Wind Energy, L.L.C.
Power Siting Board, No. 10-8265-EL-
BGN.
2017-1479. Hinds v. Muskingum Cty.
Muskingum App. No. CT2016-0063,
2017-Ohio-8212.
2017-1549. State ex rel. Wayne
Dalton Corp. v. Indus. Comm.
Franklin App. No. 16AP-423, 2017-
Ohio-7736.
2017-1557. State ex rel. Ohio
Patrolmen’s Benevolent Assn. v.
Olmstead Falls.
In Mandamus.
2017-1562. State ex rel. DPWN
Holdings (USA) Inc. v. Indus. Comm.
Franklin App. No. 16AP-370, 2017-
Ohio-8148.
The following cases have been
returned to the regular docket under
S.Ct.Prac.R. 19.01. The appellant in
each case shall file a brief within
40 days, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the
court may dismiss these cases or
take other action if the parties
fail to timely file merit briefs.
2016-0290. Molly Co., Ltd. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1157.
2016-1785. 600 Pioneer, L.L.C./CVS
3346, OH, L.L.C. v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-2144.
2017-0631. Kettering City School
Dist. Bd. of Edn. v. Testa.
Board of Tax Appeals, No. 2016-495.
2017-0922. State ex rel. Tantarelli
v. Decapua Ents., Inc.
Franklin App. No. 16AP-700, 2017-
Ohio-5603.
Pursuant to R.C. 2710.06(B)(1), the
court has been notified that the
parties in each of the following
cases have reached settlements.
These cases are returned to the
regular docket under S.Ct.Prac.R.
19.01. Within 60 days, the filing
party in each case shall file either
an application for dismissal or a
notice of failure of settlement.
Each case will be dismissed for want
of prosecution if an application for
dismissal or a notice of failure of
settlement is not filed within 60
days.
2017-1026. Columbus City Schools Bd.
of Edn. v. Franklin Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2010-3563.
2017-1406. State ex rel. Schroeder
v. Gallagher.
In Procedendo and Prohibition.
OHIO SUPREME COURT CASE
ANNOUNCEMENTS #1 NOVEMBER 13, 2017
November 13, 2017
[Cite as 11/13/2017 Case
Announcements, 2017-Ohio-8503.]
MOTION AND PROCEDURAL RULINGS
2016-1783. State v. Bates.
Hamilton C.P. No. B1501811. On
motion for interim fees. Motion
denied as moot.
2017-0021. State v. Goff.
Clinton App. No. CA2015-08-017,
2016-Ohio-7834. On motion to allow
periodic billing. Motion denied as
moot.
OHIO SUPREME COURT THIRD CASE
ANNOUNCEMENTS NOVEMBER 7, 2017
November 7, 2017
[Cite as 11/07/2017 Case
Announcements #3, 2017-Ohio-8468.]
MISCELLANEOUS ORDERS
2017-1567. In re Judicial Campaign
Complaint Against Sherron.
Pursuant to Gov.Jud.R. II(5)(D)(1)
and R.C. 2701.11, the Supreme Court
appoints the following judges to
serve on the five-judge commission
to consider the report of the
hearing panel of the Board of
Professional Conduct in In re:
Judicial Campaign Complaint Against
James Emmett Sherron, Case No. 2017-
1567.
Judge Kathleen Giesler Ottawa County
Court of Common Pleas
(Sixth District)
Judge David Gormley Delaware County
Court of Common Pleas
(Fifth District)
Judge Cynthia Rice Eleventh District
Court of Appeals
(Eleventh District)
Judge Mark Wiest Wayne County Court
of Common Pleas
(Ninth District)
Judge Timothy Williams Washington
County Court of Common Pleas
(Fourth District)
The court designates Judge David
Gormley as chair of the commission.
Pursuant to R.C. 2701.11, Michael L.
Buenger, administrative director of
the Supreme Court of Ohio, shall
serve as secretary to the
commission, with authority to sign
entries and orders on behalf of and
at the direction of the commission
or its chair.
All pleadings and documents in this
matter shall be filed with the clerk
of the Supreme Court. The original
and seven copies of all documents
shall be filed. Service on the
commission shall be made by serving
the secretary. The Rules of
Practice of the Supreme Court of
Ohio shall apply to all proceedings
before the commission, except as
otherwise ordered by the court. The
clerk of the Supreme Court shall
serve all orders of this court and
the commission on the parties to
this action.
CASE ANNOUNCEMENTS
November 7, 2017
[Cite as 11/07/2017 Case
Announcements, 2017-Ohio-8446.]
MISCELLANEOUS DISMISSALS
2017-0544. Daher v. DeWine.
In Mandamus and Prohibition. On
joint application for dismissal.
Application granted. Cause
dismissed.
2017-0893. Auth v. Indus. Physical
Capability Servs., Inc.
Summit App. No. 28024, 2017-Ohio-
1268. On appellant’s application for
dismissal. Application granted.
Cause dismissed.
2017-1341. First Natl. Community
Bank v. Garretson Firm Resolution
Group.
Hamilton App. No. C-160745, 2017-
Ohio-7582. On appellant’s
application for dismissal.
Application granted. Cause
dismissed.
2017-1494. State ex rel. Lusane v.
Eleventh Dist. Court of Appeals.
In Procedendo. On relator’s
application for dismissal.
Application granted. Cause
dismissed.
MEDIATION MATTERS
The following cases have been
referred to mediation under
S.Ct.Prac.R.
19.01.
2017-1483. State ex rel. Ames v.
Reinbold.
In Procedendo.
2017-1491. State ex rel. Thompson
Elec., Inc. v. Indus. Comm.
Franklin App. No. 16AP-23, 2017-
Ohio-7611.
The following case has been returned
to the regular docket under
S.Ct.Prac.R. 19.01. The appellant
shall file a brief within 40 days,
and the parties shall otherwise
proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the
court may dismiss the case or take
other action if the parties fail to
timely file merit briefs.
2017-0921. Groveport Madison Local
Schools Bd. of Edn. v. Franklin Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2016-542.
Pursuant to R.C. 2710.06(B)(1), the
court has been notified that the
parties in each of the following
cases have reached settlements.
These cases are returned to the
regular docket under S.Ct.Prac.R.
19.01. Within 60 days, the filing
party in each case shall file either
an application for dismissal or a
notice of failure of settlement.
Each case will be dismissed for want
of prosecution if an application for
dismissal or a notice of failure of
settlement is not filed within 60
days.
2016-1796. Yves v. Montogmery Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-2323.
2016-1797. Brutten Family Partners,
L.L.C. v. Montgomery Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-2325.
2017-0350. State ex rel. Griffin v.
Greene.
In Mandamus.
2017-0743. Eastland Manor
Apartments, L.L.C. v. Franklin Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2016-537.
2017-1054. State ex rel. Hunter v.
Youngstown City School Dist.
In Mandamus.
2 11-07-2017
OHIO SUPREME COURT CASE
ANNOUNCEMENTS NOVEMBER 3, 2017
November 3, 2017
[Cite as 11/03/2017 Case
Announcements, 2017-Ohio-8410.]
MOTION AND PROCEDURAL RULINGS
2017-1015. State ex rel. Keith v.
Dept. of Rehab. & Corr.
Franklin App. No. 15AP-1080, 2017-
Ohio-4406. In accordance with this
court’s decision granting
appellant’s motion to consolidate
case Nos. 2017-1015 and 2017-1214,
it is ordered that the briefing in
case Nos. 2017-1015 and 2017-1214 is
consolidated and the appellant’s
brief in case No. 2017-1214 shall
serve as the appellant’s brief in
both cases. Appellee shall file its
brief within 30 days. The parties
shall file two originals of each of
the briefs permitted under
S.Ct.Prac.R. 16.02 through 16.04 and
include both case numbers on the
cover page of the briefs. The
parties shall otherwise comply with
the requirements of S.Ct.Prac.R.
16.01 through 16.04.
2017-1214. State ex rel. Keith v.
Dept. of Rehab. & Corr.
Franklin App. No. 15AP-1080, 2017-
Ohio-4406. In accordance with this
court’s decision granting
appellant’s motion to consolidate
case Nos. 2017-1015 and 2017-1214,
it is ordered that the briefing in
case Nos. 2017-1015 and 2017-1214 is
consolidated and the appellant’s
brief in case No. 2017-1214 shall
serve as the appellant’s brief in
both cases. Appellee shall file its
brief within 30 days. The parties
shall file two originals of each of
the briefs permitted under
S.Ct.Prac.R. 16.02 through 16.04 and
include both case numbers on the
cover page of the briefs. The
parties shall otherwise comply with
the requirements of S.Ct.Prac.R.
16.01 through 16.04.
DISCIPLINARY CASES
2014-0136. Lorain Cty. Bar Assn. v.
Johnson.
On respondent’s motion to purge
contempt. Motion granted.
2014-1403. Trumbull Cty. Bar Assn.
v. Johnson.
On respondent’s motion to purge
contempt. Motion granted.
OHIO SUPREME COURT CASE
ANNOUNCEMENTS
November 2, 2017
[Cite as 11/02/2017 Case
Announcements, 2017-Ohio-8395.]
MERIT DECISIONS WITH OPINIONS
2015-1191. South-Western City School
Dist. Bd. of Edn. v. Franklin Cty.
Bd. of Revision , Slip Opinion No.
2017-Ohio-8384.
Board of Tax Appeals, No. 2014-2259.
Decision reversed and cause
remanded.
O’Connor, C.J., and Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur.
O’Donnell, J., dissents, and would
affirm the decision of the Board of
Tax Appeals.
2015-1192. Olentangy Local Schools
Bd. of Edn. v. Delaware Cty. Bd. of
Revision , Slip Opinion No. 2017-
Ohio-8385.
Board of Tax Appeals, No. 2012-4555.
Decision affirmed. On appellee’s
motion to strike and motion for
sanctions. Motions denied. On
appellant’s motion to strike. Motion
denied.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2016-1036. Clark v. Adult Parole
Auth. , Slip Opinion No. 2017-Ohio-
8391.
Belmont App. No. 16 BE 0005, 2016-
Ohio-3383. Motion denied and
judgment affirmed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0899. State v. Tench.
Medina App. No. 14CR0541. On
appellant’s motion to supplement
record. Motion granted. The clerk of
courts for Medina County shall
supplement the record with jury
questionnaires within ten days.
2017-1317. State ex rel. Flaiz v.
Merscorp, Inc.
Geauga App. No. 2016–G–0079, 2017-
Ohio-7126. On motions for admission
pro hac vice of Joseph F. Yenouskas
and Robert M. Brochin. Motions
granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice
of permission with the Supreme
Court’s Office of Attorney Services
within 30 days.
2017-1336. Boyd v. Kingdom Trust Co.
Certified Question of State Law,
United States Court of Appeals for
the Sixth Circuit, No. 17-3026. On
motions for admission pro hac vice
of Roey Z. Rahmill and Jahan P.
Raissi. Motions granted. Pursuant to
Gov.Bar R. XII(4), counsel shall
file a notice of permission with the
Supreme Court’s Office of Attorney
Services within 30 days.
2017-1444. In re Application of Ohio
Edison Co.
Public Utilities Commission, No. 14-
1297-EL-SSO. On motion for admission
pro hac vice of Shannon Fisk. Motion
granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice
of permission with the Supreme
Court’s Office of Attorney Services
within 30 days.
2017-1539. State v. Eddy.
Cuyahoga App. No. 104417, 2017-Ohio-
7398. Sua sponte, the appeal is
filed nunc pro tunc effective
October 11, 2017. Appellee shall
file a memorandum in response no
later than 30 days from this date.
MISCELLANEOUS DISMISSALS
2017-1451. State ex rel. Bristow v.
Siler.
In Mandamus. On relator’s
application for dismissal.
Application granted. Cause
dismissed.
2017-1484. State ex rel. Bristow v.
Wilson.
In Mandamus. On relator’s
application for dismissal.
Application granted. Cause
dismissed.
Supreme Court Case Announcement for October
13, 2017
CASE ANNOUNCEMENTS
October 13, 2017
[Cite as 10/13/2017 Case Announcements, 2017-
Ohio-8183.]
MISCELLANEOUS DISMISSALS
2017-0986. State ex rel. Cincinnati Enquirer v.
Denney.
In Mandamus. On relator’s application for
dismissal. Application granted. Cause dismissed.
########################################
########
In the Supreme Court of Ohio
STATE OF OHIO, ex rel.
THE CINCINNATI ENQUIRER,
A Division of Gannett GP Media, Inc.
312 Elm Street
Cincinnati, OH 45202
Relator,
vs.
MARK C. DENNEY
Chief of Police, Colerain Township
4200 Springdale Road
Colerain Township, Ohio 45251
Respondent.
Pursuant to Ohio R. Civ. P. 41(A), as applied to
this original action by Sup. Ct. R. Prac. 12.01(A)
(2)(b), The Cincinnati Enquirer, a division of
Gannett GP Media, Inc. dismisses this action with
prejudice.
Supreme Court Second Case Announcement for
October 12, 2017
[Cite as 10/12/2017 Case Announcements #2,
2017-Ohio-8178.]
MERIT DECISIONS WITH OPINIONS
2017-1285. State ex rel. Tam O’Shanter Co. v.
Stark Cty. Bd. of Elections , Slip Opinion No.
2017-Ohio-8167.
In Mandamus and Prohibition. Petition for writ of
mandamus dismissed, writ of prohibition denied,
and relators’ motion to strike denied.
O’Connor, C.J., and Kennedy, French, and
O’Neill, JJ., concur.
O’Donnell, Fischer, and DeWine, JJ., concur in
judgment only.
########################################
######
NOTICE This slip opinion is subject to formal
revision before it is published in an advance sheet
of the Ohio Official Reports. Readers are
requested to promptly notify the Reporter of
Decisions, Supreme Court of Ohio, 65 South
Front Street, Columbus, Ohio 43215, of any
typographical or other formal errors in the opinion,
in order that corrections may be made before the
opinion is published.
SLIP OPINION NO. 2017-OHIO-8167
THE STATE EX REL. TAM O’SHANTER
COMPANY ET AL. v. STARK COUNTY
BOARD OF ELECTIONS.
[Until this opinion appears in the Ohio Official
Reports advance sheets, it
may be cited as State ex rel. Tam O’Shanter Co.
v. Stark Cty. Bd. of Elections,
Slip Opinion No. 2017-Ohio-8167.]
Elections—R.C. 519.12(H)—Zoning-referendum-
petition requirements—Claim for writ of
mandamus dismissed—Claim for writ of
prohibition denied.
(No. 2017-1285—Submitted October 9, 2017—
Decided October 12, 2017.) IN MANDAMUS and
PROHIBITION.
Per Curiam.
{¶ 1} The issue in this original action seeking writs
of mandamus and prohibition is whether a petition
for a zoning referendum complied with R.C.
519.12(H). Relators contend that it did not comply,
because it did not reference the name of the
property owner. Based on this omission, they
argue, the referendum should be removed from
the November 7, 2017 ballot. For the reasons
below, we dismiss the mandamus claim and deny
the claim for a writ of prohibition. We also deny
relators’ motion to strike.
Facts
{¶ 2} The zoning-amendment proposal at issue
involves approximately 62 acres of land in
Jackson Township, Stark County, which is owned
by relator Tam O’Shanter Company. The land,
along with more than 200 additional adjacent
acres, has been used as a golf course since the
1920s.
{¶ 3} In April 2017, Tam O’Shanter filed an
application with the Jackson Township Zoning
Commission, seeking to rezone the land from “R-
R Rural Residential District” to “B-3 Commercial
Business District.” The copy of the zoning-
amendment application submitted as evidence
identifies the property owner as “Tam O’Shanter
Company,” but it does not indicate that a number
or a title was assigned to the application.
{¶ 4} The Stark County Regional Planning
Commission and the Jackson Township Zoning
Commission both recommended approval of the
proposed zoning change, with a minor
modification. In a public-hearing notice, the zoning
commission referred to the proposed zoning
amendment as “Amendment 630-17” and
identified “Tam O’Shanter Company” as the
property owner.
{¶ 5} Based on the recommendations of the
planning commission and the zoning commission,
the Jackson Township Board of Trustees
approved Tam O’Shanter’s proposed zoning
change, with the minor revision, in June 2017. In
its public-hearing notices, the board of trustees
referred to the proposed amendment as
“Amendment 630-17” and identified “Tam
O’Shanter Company” as the property owner. At
the board-of-trustees hearing, the board president
and the township law director referred to the
matter as “Amendment 630-17.” In the notice of
its decision, which was the official record of the
zoning amendment, the board of trustees again
identified the amendment as “Amendment #630-
17.” The name “Tam O’Shanter” appears once on
the notice, under the words “Property Owner.”
{¶ 6} After the board of trustees passed the
zoning amendment, the requisite number of
Jackson Township electors signed a referendum
petition to place the amendment on the November
7, 2017 ballot. Referendum petitions for township
zoning amendments are governed by R.C.
519.12(H), which provides:
Each part of this petition shall contain the number
and the full and correct title, if any, of the zoning
amendment resolution, motion, or application,
furnishing the name by which the amendment is
known and a brief summary of its contents.
{¶ 7} The petition at issue here identified the
zoning-amendment proposal as “Jackson
Township Zoning Amendment 630-17.” The name
“Tam O’Shanter” does not appear on the petition
or in the language that would appear on the
November 7 ballot. Respondent, Stark County
Board of Elections, certified the petition and
finalized the ballot language in August 2017.
{¶ 8} On August 25, 2017, Tam O’Shanter and
relator Charles H. Bennell1 (collectively, “relators”)
filed a protest against the referendum petition
under R.C. 3501.39. Relators argued that the
petition was invalid under R.C. 519.12(H)
because it did not include “the full and correct
title,” “the name by which the amendment is
known,” or an adequate summary of the
amendment’s contents. According to relators,
each of these statutory elements required the
petition to include the name “Tam O’Shanter.” On
September 13, after a hearing, the board of
elections denied the protest.
{¶ 9} Relators filed this action on September 14.
1 Bennell is Tam O’Shanter’s president and one of
its owners.
Analysis
Motion to strike
{¶ 10} In its merit brief, the board of elections
asserts several times that a map of the property at
issue was attached to the referendum part-
petitions circulated to electors. Relators, arguing
that this assertion is factually incorrect, move to
strike the statements from the board’s brief. They
also seek leave to submit two affidavits that they
say prove that maps were not attached to the
part-petitions. In addition, relators move to strike
two exhibits submitted by the board as evidence
—because they were not part of the record before
the board when it considered the protest— and
the board’s arguments concerning unrelated
property in another county.
{¶ 11} The only legal authority relators cite in
support of their motion is State ex rel. Stoll v.
Logan Cty. Bd. of Elections, 117 Ohio St.3d 76,
2008-Ohio333, 881 N.E.2d 1214, in which we
held that in an original action filed in this court, a
board of elections cannot support its decision with
“evidence that was not introduced at the hearing
and upon which it did not rely.” Id. at ¶ 40. Stoll,
which did not involve a motion to strike, does not
support relators’ position; it merely explains that
evidence that was not presented to a board of
elections is not relevant to whether the board
abused its discretion or clearly disregarded
applicable law. Because we are capable of
determining questions of relevance and assigning
appropriate weight without striking evidence or
arguments, we deny relators’ motion to strike.
Mandamus
{¶ 12} “In general, if the allegations of a complaint
for a writ of mandamus indicate that the real
objects sought are a declaratory judgment and a
prohibitory injunction, the complaint does not state
a cause of action in mandamus and must be
dismissed for want of jurisdiction.” State ex rel.
Grendell v. Davidson, 86 Ohio St.3d 629, 634,
716 N.E.2d 704 (1999).
{¶ 13} Here, relators claim that they are entitled to
a writ of mandamus to compel the board of
elections to find the referendum petition
insufficient and to reject it under R.C. 3501.39.
Although relators frame their mandamus request
in terms of compelling the board to discharge
affirmative duties, their true objectives are a
declaratory judgment (that the referendum petition
is insufficient) and a prohibitory injunction (to
prevent the referendum from being placed on the
ballot). See State ex rel. Essig v. Blackwell, 103
Ohio St.3d 481, 2004-Ohio-5586, 817 N.E.2d 5, ¶
20-22. We therefore dismiss relators’ mandamus
claim for lack of jurisdiction.
Prohibition
{¶ 14} Relators also seek a writ of prohibition to
prevent the board of elections from submitting the
proposed zoning amendment to the Jackson
Township electorate. To prevail on this claim,
relators must establish that the board has
exercised or is about to exercise quasi-judicial
power, that the exercise of that power is
unauthorized by law, and that denying the writ will
result in injury for which no other adequate
remedy exists in the ordinary course of law. State
ex rel. Choices for South-Western City Schools v.
Anthony, 108 Ohio St.3d 1, 2005-Ohio5362, 840
N.E.2d 582, ¶ 29.
{¶ 15} The first and third requirements are
satisfied in this case. The board of elections
exercised quasi-judicial authority by denying
relators’ protest following an R.C. 3501.39 hearing
that included sworn testimony. See Christy v.
Summit Cty. Bd. of Elections, 77 Ohio St.3d 35,
37, 671 N.E.2d 1 (1996). Because the election
has not yet occurred, relief in prohibition still can
prevent the referendum from being placed on the
ballot, even though the board already has
exercised its quasi-judicial power by denying the
protest. Tatman v. Fairfield Cty. Bd. of Elections,
102 Ohio St.3d 425, 2004-Ohio-3701, 811 N.E.2d
1130, ¶ 14. In addition, because of the close
proximity of the election, relators lack an
adequate remedy in the ordinary course of law.
See State ex rel. Thurn v. Cuyahoga Cty. Bd. of
Elections, 72 Ohio St.3d 289, 292, 649 N.E.2d
1205 (1995).
{¶ 16} The dispositive issue in this case, therefore,
is whether the decision of the board of elections
denying relators’ protest was authorized by law.
On this question, the standard for our review is
whether the board “engaged in fraud, corruption,
or abuse of discretion, or acted in clear disregard
of applicable legal provisions.” Whitman v.
Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216,
2002Ohio-5923, 778 N.E.2d 32, ¶ 11. Because
relators do not argue that fraud or corruption
occurred, we must decide whether the board
abused its discretion or clearly disregarded
applicable law. “ ‘An abuse of discretion connotes
an unreasonable, arbitrary, or unconscionable
attitude.’ ” State ex rel. Hamilton County Bd. of
Commrs. v. State Emp. Relations Bd., 102 Ohio
St.3d 344, 2004Ohio-3122, 810 N.E.2d 949, ¶ 17,
quoting State ex rel. Grady v. State Emp.
Relations Bd., 78 Ohio St.3d 181, 183, 677
N.E.2d 343 (1997).
R.C. 519.12
{¶ 17} Relators argue that the referendum petition
was defective because it did not comply with R.C.
519.12(H). “In interpreting R.C. 519.12(H), our
paramount concern is legislative intent.” State ex
rel. Gemienhardt v. Delaware Cty. Bd. of
Elections, 109 Ohio St.3d 212, 2006-Ohio-1666,
846 N.E.2d 1223, ¶ 32, citing State ex rel. Asti v.
Ohio Dept. of Youth Servs., 107 Ohio St.3d 262,
2005Ohio-6432, 838 N.E.2d 658, ¶ 22. “ ‘To
discern this intent, we first consider the statutory
language, reading words and phrases in context
and construing them in accordance with rules of
grammar and common usage.’ ” Id., quoting
Choices for South-Western City Schools, 108
Ohio St.3d 1, 2005-Ohio-5362, 840 N.E.2d 582, at
¶ 40. When interpreting statutory language, “[w]e
will not add a requirement that does not exist in
the statute.” State ex rel. Columbia Res., Ltd. v.
Lorain Cty. Bd. of Elections, 111 Ohio St.3d 167,
2006-Ohio-5019, 855 N.E.2d 815, ¶ 32.
{¶ 18} To understand the language of R.C.
519.12(H), it first is necessary to examine the
methods by which township zoning amendments
may be proposed under
R.C. 519.12. R.C. 519.12(A)(1) provides that
amendments to a township zoning resolution may
be initiated in one of three ways, depending on
who proposes the change: “[1] by motion of the
township zoning commission, [2] by the passage
of a resolution by the board of township trustees,
or [3] by the filing of an application by one or more
of the owners or lessees of property within the
area proposed to be changed or affected by the
proposed amendment with the township zoning
commission.” (Emphasis added.) R.C. 519.12(H)
refers to each of these three methods:
Each part of [a referendum] petition shall contain
the number and the full and correct title, if any, of
the zoning amendment resolution, motion, or
application, furnishing the name by which the
amendment is known and a brief summary of its
contents.
{¶ 19} Thus, in a case involving a zoning-
amendment application by a property owner (as in
this case), the statute imposes four distinct
requirements concerning the content of a
referendum petition. First, the petition must
“contain the number * * * of the zoning
amendment * * * application.” Second, it must
“contain * * * the full and correct title, if any, of the
zoning amendment * * * application.” Third, it must
“furnish[] the name by which the amendment is
known.” And last, it must “furnish[] * * * a brief
summary of” the contents of the zoning
amendment. See State ex rel. O’Beirne v. Geauga
Cty. Bd. of Elections, 80 Ohio St.3d 176, 179, 685
N.E.2d 502 (1997) (clarifying that “brief summary
of its contents” refers to the proposed zoning
amendment passed by the township trustees).
{¶ 20} Relators have not made the first
requirement an issue in this case, but they do
challenge the sufficiency of the petition with
respect to the last three. They correctly point out
that these requirements, which do not relate
merely to the “form” of the petition, must be strictly
complied with. See State ex rel. McCord v.
Delaware Cty. Bd. of Elections, 106 Ohio St.3d
346, 2005-Ohio-4758, 835 N.E.2d 336, ¶ 36.
Relators’ interpretation of R.C. 519.12(H)
{¶ 21} In recognizing the four requirements of a
zoning-referendum petition created under this
portion of R.C. 519.12(H), we reject relators’
reading of the statutory language. Relators
contend that the phrase “ ‘furnishing the name by
which the amendment is known’ modifies
everything that comes before it. Thus, if the
zoning amendment’s ‘resolution, motion, or
application’ has a ‘name by which [it] is known,’
then it must be ‘furnish[ed]’ in the petition.” This
reading of the statute has three flaws.
{¶ 22} First, for relators to be correct, there would
have to be a comma after “known” to indicate that
the phrase “furnishing the name by which the
amendment is known” modifies what comes
before it.
{¶ 23} Second, relators’ reading of the statute
does not account for the fact that the “full and
correct title” and “furnishing the name”
requirements address different objects: a petition
must “contain * * * the full and correct title, if any,
of the zoning amendment resolution, motion, or
application” (with “zoning amendment” modifying
“resolution, motion, or application”), and it must
“furnish[] the name by which the amendment is
known.” (Emphasis added.) R.C. 519.12. Thus, in
this case, the petition needed to provide “the full
and correct title, if any,” of the application and
“furnish[] the name” of the amendment.
{¶ 24} Finally, even if we were to disregard these
grammatical obstacles, relators invite the
conclusion that the requirement to “furnish[] the
name” is redundant to the requirement to “contain
* * * the full and correct title,” because they do not
explain how the requirements differ in any
material way. See E. Ohio Gas Co. v. Pub. Util.
Comm., 39 Ohio St.3d 295, 299, 530 N.E.2d 875
(1988) (“words in statutes should not be
construed to be redundant, nor should any words
be ignored”).
“[T]he full and correct title, if any, of the zoning
amendment * * * application”
{¶ 25} We must determine whether the board of
elections abused its discretion or misapplied the
law when it found that the referendum petition
complied with R.C. 519.12(H)’s full-and-correct-
title requirement. On this question, because R.C.
519.12(H) refers to the title of the application, we
must examine the application Tam O’Shanter filed
with the Jackson Township Zoning Commission.
{¶ 26} Tam O’Shanter’s application consisted of a
completed, one-page form, two pages explaining
Jackson Township’s amendment procedure, and
four exhibits.2 The top of the one-page form
identifies the document as “REQUEST FOR MAP
AMENDMENT OF JACKSON TOWNSHIP
ZONING RESOLUTION.” (Capitalization sic.)
Immediately below those words are lines for “Date
Filed,” “No.,” and “Application No.” On the copy of
the application relators submitted as evidence,
each of these lines is blank. Below that, “Tam
O’Shanter Company” is listed under “Property
Owner(s),” and “Terry A. Moore, Esq.” is listed
under “Applicant(s) or Agent.” The form did not
request, and Tam O’Shanter’s application did not
provide, a title for the application.
{¶ 27} By including the words “if any” in relation to
R.C. 519.12(H)’s full-and-correct-title requirement,
the General Assembly allowed for the possibility
that a township-zoning-amendment proposal
might not have a formal title. Because Tam
O’Shanter’s application includes no discernable
title, no title could be
2 The exhibits provide the property’s legal
description, the site plan, Tam O’Shanter’s
reasons for the proposal, and a list of adjoining
property owners.
included in the referendum petition. We conclude,
therefore, that the board of elections did not
abuse its discretion in finding that the petition was
not deficient with respect to this requirement.
{¶ 28} In reaching this conclusion, we distinguish
the cases on which relators rely and in which we
emphasized the importance of providing the title
of the proposed measure in a referendum petition.
In those cases, which involved statutes other than
R.C. 519.12 that do not include the “if any”
language, there was no dispute over whether the
zoning proposal at issue had a title. See State ex
rel. Becker v. Eastlake, 93 Ohio St.3d 502, 506-
507, 756 N.E.2d 1228 (2001) (involving
R.C. 731.31); State ex rel. Esch v. Lake Cty. Bd.
of Elections, 61 Ohio St.3d 595, 597, 575 N.E.2d
835 (1991) (involving R.C. 731.31); State ex rel.
Burech v. Belmont Cty. Bd. of Elections, 19 Ohio
St.3d 154, 155-156, 484 N.E.2d 153 (1985)
(involving R.C. 305.32).
“[T]he name by which the amendment is known”
{¶ 29} We next must determine whether the board
of elections abused its discretion or misapplied
the law when it found that the referendum petition
furnished “the name by which the amendment is
known.” With respect to this inquiry, relators invite
us to examine evidence from numerous sources,
including a letter Bennell sent to Jackson
Township residents in March 2017 in which he
referred to “Tam O’Shanter Golf Course” and
identified “Tam O’Shanter Company” as the owner
of the property sought to be rezoned; letters
authored by relators’ attorney that referred to
“Tam O’Shanter Company,” “Zoning Application
filed by Tam O’Shanter,” or “Tam O’Shanter’s
zoning application”; and a transcript of the board-
of-trustees public meeting on the proposed
rezoning in which participants referred to “Tam
O’Shanter.” Relators also ask us to consider a
photo of a campaign sign against the rezoning
that refers to “Tam O’Shanter” and local media
coverage, including letters to editors, that referred
to “Tam O’Shanter” in various forms.
{¶ 30} But nothing in R.C. 519.12(H) suggests that
a board of elections (or by extension this court)
should consider this type of evidence to determine
“the name by which [a zoning] amendment is
known.” Indeed, this type of evidence, along with
the statute’s use of the passive voice, begs the
question: known by whom?
{¶ 31} The statutory language does not clearly
answer this question. It is possible that the statute
refers to the name by which the zoning
amendment is known to the applicant or to
electors (thus making relevant the evidence
relators submitted), but it is also possible that it
refers to the name by which the amendment is
known to the entity that approved the amendment
—the township board of trustees. We reject the
former interpretation as unworkable; it still leaves
open questions regarding how to decide whose
name for the amendment should prevail. We find
it unlikely that the General Assembly intended for
boards of elections and courts to determine how a
zoning amendment is colloquially known to the
general public. The better approach is to examine
evidence that shows how the township board of
trustees—the promulgating entity—identified the
zoning amendment. This approach is supported
by the longstanding rule of construction that
favors the workable application of statutory
provisions. See Prosen v. Duffy, 152 Ohio St. 139,
87 N.E.2d 342 (1949), paragraph one of the
syllabus (“A statute should be given that
construction, unless such is prohibited by the
letter of the statute, which will accord with
common sense and reason and not result in
absurdity or great inconvenience”).
{¶ 32} Under this standard, the relevant evidence
submitted includes the board of trustees’ notice of
decision, public-hearing notices and meeting
agendas related to Tam O’Shanter’s rezoning
proposal, and, possibly, the testimony of the
Jackson Township fiscal officer at the board-of-
elections hearing. On the whole, this evidence
does not support relators’ claim that the board of
elections abused its discretion in finding that the
amendment was not known by a name that
included the words “Tam O’Shanter.”
{¶ 33} The strongest evidence favoring relators is
the testimony of the township’s fiscal officer,
Randy Gonzalez. He referred to the amendment
as “[t]he Tam O’Shanter rezone” and testified as
follows:
Q. So throughout the entire process, was this
rezoning always known as the Tam O’Shanter
rezoning?
A. Yes.
Q. Would you consider that to be the name by
which the proposed rezoning was known?
A. Absolutely.
But in confirming that the proposal was “always
known as the Tam O’Shanter rezoning,” Gonzalez
still did not answer the pressing question—known
by whom? We hold that the board of elections
acted within its discretion when it assigned
greater weight to the documents produced by the
township, rather than to Gonzalez’s personal
opinion.
{¶ 34} As explained above, the documents do not
support relators’ argument. The board of trustees’
notice of decision refers to “Tam O’Shanter” only
once, under the words “Property Owner.” And
although the public-hearing notices and agendas
also refer to “Tam O’Shanter Company,” they do
so only when identifying it as the property owner
or applicant. The notice of decision and hearing
notices consistently refer to the zoning proposal
itself as “Amendment 630-17.”
{¶ 35} Relators argue that R.C. 519.12(H)
required the referendum petition to furnish some
version of the name “Tam O’Shanter” to notify
electors of the subject of the petition. But in
seeking this holding, relators are not asking us to
apply R.C. 519.12(H) as written. In effect, they
ask us to add language to the statute—to require
not just the name of the amendment to be
furnished but also the name of the property owner
or applicant. We decline this invitation to alter the
statutory language. See Columbia Res., 111 Ohio
St.3d 167, 2006-Ohio-5019, 855 N.E.2d 815, at ¶
32.
{¶ 36} We conclude, therefore, that relators have
not shown that the board of elections abused its
discretion or misapplied the law when it found that
the referendum petition provided “the name by
which the amendment is known.”
“[A] brief summary of its contents”
{¶ 37} Relators also argue that the referendum
petition did not satisfy the brief-summary
requirement of R.C. 519.12(H) because the
summary did not identify “Tam O’Shanter” as the
owner of the property subject to the referendum.
“The overriding purpose of the summary is to
fairly and accurately present the question or
issues to be decided so as to ensure that voters
can make free, intelligent, and informed
decisions.” State ex rel. Jacquemin v. Union Cty.
Bd. of Elections, 147 Ohio St.3d 467, 2016-Ohio-
5880, 67 N.E.3d 759, ¶ 7. A petition summary
“must be accurate and unambiguous” and not
omit material information. Id. at ¶ 7,
8.
{¶ 38} In State ex rel. C.V. Perry & Co. v. Licking
Cty. Bd. of Elections, 94 Ohio St.3d 442, 445, 764
N.E.2d 411 (2002), we held that a summary
complied with R.C. 519.12(H) when it contained
wording that was substantially the same as the
language used in the zoning-amendment
resolution itself. We explained that we would not
penalize the township electors for “summarizing
the resolution [in their referendum petition] with
substantially the same wording as the resolution
itself.” Id.
{¶ 39} Like the petition in C.V. Perry, the summary
at issue here contained wording that is
substantially the same as the language of the
notice of decision announcing approval of
Amendment 630-17. The summary specified the
proposed zoning change from “R-R Rural
Residential District” to “B-3 Commercial Business
District,” identified the size and location of the
property “at the southeast corner of Everhard and
Fulton,” and repeated the exact wording of the
board of trustees’ decision. The language,
therefore, accurately reflected the language of the
proposed zoning amendment.
{¶ 40} Although it is true that the petition’s
summary did not include the name of the property
owner, relators provide no legal support for their
argument that the omission of this information
would mislead or confuse electors. The summary
identified the size and location of the land at
issue, and it specified the proposed zoning
change. Relators have not shown that electors
needed additional information about the owner’s
identity to make a “free, intelligent, and informed
decision[],” Jacquemin, 147 Ohio St.3d 467, 2016-
Ohio-5880, 67 N.E.3d 759, at ¶ 7, regarding the
petition.
{¶ 41} For the foregoing reasons, we deny
relators’ motion to strike, dismiss their claim for a
writ of mandamus, and deny their claim for a writ
of prohibition.
Claim for writ of mandamus dismissed
and claim for writ of prohibition denied.
O’CONNOR, C.J., and KENNEDY, FRENCH, and
O’NEILL, JJ., concur.
O’DONNELL, FISCHER, and DEWINE, JJ.,
concur in judgment only.
McTigue & Colombo, L.L.C., Donald J. McTigue,
J. Corey Colombo, Derek S. Clinger, and Ben F.C.
Wallace; and Krugliak, Wilkins, Griffiths &
Dougherty Co., L.P.A., Terry A. Moore, Aletha M.
Carver, and Owen J. Rarric, for relators.
John D. Ferrero, Stark County Prosecuting
Attorney, and Deborah A. Dawson and Stephan P.
Babik, Assistant Prosecuting Attorneys, for
respondent.
Supreme Court Case Announcement for October
12, 2017
[Until this opinion appears in the Ohio Official
Reports advance sheets, it may be cited as State
ex rel. Cowell v. Croce, Slip Opinion No. 2017-
Ohio-8132.]
NOTICE This slip opinion is subject to formal
revision before it is published in an advance sheet
of the Ohio Official Reports. Readers are
requested to promptly notify the Reporter of
Decisions, Supreme Court of Ohio, 65 South
Front Street, Columbus, Ohio 43215, of any
typographical or other formal errors in the opinion,
in order that corrections may be made before the
opinion is published.
SLIP OPINION NO. 2017-OHIO-8132
THE STATE EX REL. COWELL, APPELLANT, v.
CROCE, JUDGE, APPELLEE.
[Until this opinion appears in the Ohio Official
Reports advance sheets, it
may be cited as State ex rel. Cowell v. Croce, Slip
Opinion No.
2017-Ohio-8132.]
Mandamus—Appellant failed to comply with
mandatory filing requirement of R.C. 2969.25(C)
—Court of appeals’ dismissal of petition affirmed.
(No. 2016-1257—Submitted May 16, 2017—
Decided October 12, 2017.) APPEAL from the
Court of Appeals for Summit County, No. 28280.
Per Curiam.
{¶ 1} We affirm the judgment of the Ninth District
Court of Appeals dismissing the complaint of
appellant, Joshua R. Cowell, for writs of
mandamus and/or procedendo.
{¶ 2} In April 2011, Cowell pleaded guilty to and
was convicted of aggravated burglary, felonious
assault, rape, and kidnapping. The trial court
SUPREME COURT OF OHIO
sentenced him to consecutive prison terms
totaling 25 years and determined that none of the
offenses were allied offenses under R.C. 2941.25.
{¶ 3} In June 2016, Cowell filed in the Ninth
District a complaint for a writ of mandamus or, in
the alternative, a writ of procedendo against
appellee, Summit County Court of Common Pleas
Judge Christine Croce. He argued that his
sentence is void for two reasons: the trial court
incorrectly found that none of the offenses were
allied offenses and it failed to make the necessary
findings before imposing consecutive sentences
in violation of R.C. 2929.14(C)(4). Cowell
submitted two affidavits with his complaint: an
“affidavit setting forth the nature of the claims” and
a “combined affidavit of inmate under R.C.
2969.21, et seq., and motion to waive payment or
prepayment of the costs of this action.”
{¶ 4} The court of appeals dismissed Cowell’s
complaint, finding that he had failed to comply
with the mandatory filing requirements of R.C.
2969.25(A) and (C).
{¶ 5} R.C. 2969.25(C)(1) requires that an inmate
who files a civil action against a government entity
or employee in forma pauperis file with the
complaint an affidavit of indigency and “[a]
statement that sets forth the balance in the inmate
account of the inmate for each of the preceding
six months, as certified by the institutional
cashier.” Cowell failed to comply with the statute
because his certified account statement covered
only the six-month period ending March 10, 2016,
even though he filed his complaint in June 2016.
An inmate’s failure to satisfy R.C. 2969.25(C)(1)
requires dismissal of the inmate’s action. State ex
rel. Bates v. Eppinger, 147 Ohio St.3d 355, 2016-
Ohio-7452, 65 N.E.3d 746, ¶ 5. Further, “a later
filing of the proper statement does not cure the
defect.” Id. at ¶ 6.
{¶ 6} We reject Cowell’s argument that under R.C.
2969.24(C), the court of appeals should have held
a hearing before dismissing his complaint. That
provision addresses dismissal of an inmate’s
complaint based on a court’s finding that “[t]he
allegation of indigency in a poverty affidavit filed
by the inmate is false,”
2
January Term, 2017
the claim or issues of law presented in the civil
action “are frivolous or malicious,” or “[t]he inmate
filed an affidavit required by [R.C. 2969.25 or
2969.26] that was materially false.” R.C.
2969.24(A). But the court of appeals dismissed
Cowell’s complaint because his affidavit contained
insufficient information—not because it contained
false information or was frivolous or malicious.
{¶ 7} Because we conclude that the court of
appeals correctly determined that Cowell failed to
comply with R.C. 2969.25(C), we need not
address whether he complied with R.C.
2969.25(A).
Judgment affirmed. O’CONNOR, C.J., and
O’DONNELL, KENNEDY, FRENCH, O’NEILL,
FISCHER, and DEWINE, JJ., concur.
Joshua R. Cowell, pro se.
Sherri Bevan Walsh, Summit County Prosecuting
Attorney, and Colleen Sims, Assistant Prosecuting
Attorney, for appellee.
3
########################################
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[Until this opinion appears in the Ohio Official
Reports advance sheets, it may be cited as State
ex rel. Perotti v. Clipper, Slip Opinion No. 2017-
Ohio-8134.]
NOTICE This slip opinion is subject to formal
revision before it is published in an advance sheet
of the Ohio Official Reports. Readers are
requested to promptly notify the Reporter of
Decisions, Supreme Court of Ohio, 65 South
Front Street, Columbus, Ohio 43215, of any
typographical or other formal errors in the opinion,
in order that corrections may be made before the
opinion is published.
SLIP OPINION NO. 2017-OHIO-8134
THE STATE EX REL. PEROTTI, APPELLANT, v.
CLIPPER, WARDEN, ET AL.,
APPELLEES.
[Until this opinion appears in the Ohio Official
Reports advance sheets, it
may be cited as State ex rel. Perotti v. Clipper,
Slip Opinion No.
2017-Ohio-8134.]
Habeas corpus—Appellant failed to comply with
mandatory filing requirement of
R.C. 2969.25(A)—Court of appeals’ dismissal of
petition affirmed.
(No. 2016-1288—Submitted May 16, 2017—
Decided October 12, 2017.) APPEAL from the
Court of Appeals for Lorain County, No.
16CA010962.
Per Curiam. {¶ 1} We affirm the judgment of the
Ninth District Court of Appeals dismissing the
petition of appellant, John W. Perotti, for a writ of
habeas corpus. {¶ 2} Perotti filed his petition on
June 13, 2016, claiming that he had served the
maximum sentence on each of his convictions
and was entitled to immediate
SUPREME COURT OF OHIO
release from prison. On July 25, 2016, the court of
appeals dismissed Perotti’s petition for his failure
to comply with R.C. 2969.25(A) and (C).
{¶ 3} We affirm the court of appeals’ judgment.
Perotti failed to file the affidavit of prior civil
actions mandated by R.C. 2969.25(A). That
statute requires an inmate who commences an
action against a government entity to “file with the
court an affidavit that contains a description of
each civil action or appeal of a civil action that the
inmate has filed in the previous five years in any
state or federal court.” “ ‘The requirements of R.C.
2969.25 are mandatory, and failure to comply with
them subjects an inmate’s action to dismissal.’ ”
State ex rel. McGrath v. McDonnell, 126 Ohio
St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, ¶ 1,
quoting State ex rel. White v. Bechtel, 99 Ohio
St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5.
{¶ 4} Perotti admits to filing multiple federal
habeas corpus actions against appellee Ohio
Adult Parole Authority during the five years
preceding the filing of his current petition. Yet he
contends that he was not required to file the
affidavit of prior civil actions because he did not
seek a waiver of the court of appeals’ filing fee
under R.C. 2969.25(C). But division (C) does not
modify the affidavit requirement of division (A),
which applies to all civil actions filed by inmates
against a government entity or employee.
{¶ 5} Because we conclude that the court of
appeals correctly determined that Perotti failed to
comply with R.C. 2969.25(A), we need not
address whether he complied with R.C.
2969.25(C).
Judgment affirmed. O’CONNOR, C.J., and
O’DONNELL, KENNEDY, FRENCH, O’NEILL,
FISCHER, and DEWINE, JJ., concur.
John W. Perotti, pro se.
2
January Term, 2017
Michael DeWine, Attorney General, and Jerri L.
Fosnaught, Assistant Attorney General, for
appellees.
3
Supreme Court Case Announcement for October
11, 2017
CASE ANNOUNCEMENTS
October 11, 2017
[Cite as 10/11/2017 Case Announcements, 2017-
Ohio-8136.]
MERIT DECISIONS WITH OPINIONS
2016-1183. State ex rel. Consortium for Economic
& Community Dev. For Hough Ward 7 v. Russo ,
Slip Opinion No. 2017-Ohio-8133.
Cuyahoga App. No. 103657, 2016-Ohio-4704.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, French, O’Neill,
Fischer, and DeWine, JJ., concur.
Kennedy, J., concurs in judgment only.
MERIT DECISIONS WITHOUT OPINIONS
2016-0615. State ex rel. Kesterson v. Kent State
Univ.
In Mandamus. Sua sponte, an alternative writ is
granted and the following briefing schedule is set
for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05: parties shall file
any evidence they intend to present within 20
days; relator shall file a brief within 10 days after
the filing of the evidence; respondent shall file a
brief within 20 days after the filing of relator’s
brief; and relator may file a reply brief within 7
days after the filing of respondent’s brief.
Kent State University shall file, under seal, copies
of the unredacted documents at issue in this case
at the time of the filing of the evidence.
Respondent’s motion to dismiss is denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1123. State ex rel. Kesterson v. Kent State
Univ.
In Mandamus. Sua sponte, an alternative writ is
granted and the following briefing schedule is set
for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05: parties shall file
any evidence they intend to present within 20
days; relator shall file a brief within 10 days after
the filing of the evidence; respondent shall file a
brief within 20 days after the filing of relator’s
brief; and relator may file a reply brief within 7
days after the filing of respondent’s brief.
Kent State University shall file, under seal, copies
of the unredacted documents at issue in this case
at the time of the filing of the evidence.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1016. State ex rel. Guyton v. Lorain Cty.
Court of Common Pleas.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1044. West v. Wainwright.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1055. Snuggs v. Jenkins.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-1064. State ex rel. Bates v. Guernsey Cty.
Court of Common Pleas.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-1161. State ex rel. Morley v. Zmuda.
Lucas App. No. L-16-1119. On motion to dismiss.
Motion granted.
2017-1130. State v. Rodriquez.
Defiance App. No. 4-16-16, 2017-Ohio-1318. On
motion for leave to file delayed appeal. Motion
denied.
Fischer, J., dissents.
2017-1146. State v. Miller.
Clermont App. No. CA2016-08-057, 2017-Ohio-
2801. On motion for leave to file delayed appeal.
Motion denied.
O’Neill and Fischer, JJ., dissent.
2017-1154. State v. Thomas.
Hamilton App. Nos. C-150581 and C-150555,
2017-Ohio-4403. On motion for leave to file
delayed appeal. Motion denied.
Kennedy and O’Neill, JJ., dissent.
Fischer, J., not participating.
2017-1166. State v. McNeely.
Lucas App. No. L-16-1076. On motion for leave to
file delayed appeal. Motion denied.
Fischer, J., dissents.
2017-1167. State v. Roberts.
Hamilton App. Nos. C-140331 and C-160556,
2016-Ohio-903. On motion for leave to file
delayed appeal. Motion denied.
O’Neill, J., dissents.
Fischer and DeWine, JJ., not participating.
2017-1173. State v. Adams.
Lorain App. No. 15CA010868, 2017-Ohio-1178.
On motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days of the date of
this entry.
O’Connor, C.J., and French and Fischer, JJ.,
dissent.
2017-1206. In re D.F.
Coshocton App. Nos. 2016CA0015 and
2016CA0016, 2017-Ohio-7307. On motion for
stay of appellate decision. Motion granted.
O’Donnell and O’Neill, JJ., dissent.
2017-1244. Bank of Am., N.A. v. Brown.
Cuyahoga App. No. 105954. On motion for stay of
eviction, stay of sheriff sale, and to restore all
utilities back into movant’s name. Motion denied.
2017-1277. Martens v. Findlay.
Hancock App. No. 5-17-20. On amended motion
for stay pending appeal and for expedited ruling.
Motion denied.
APPEALS ACCEPTED FOR REVIEW
2017-0256. State v. Hamilton.
Lorain App. No. 15CA010830, 2017-Ohio-230.
Cause accepted, judgment vacated, and cause
remanded to trial court for application of State v.
Gonzales, 150 Ohio St.3d 276, 2017-Ohio-777,
81 N.E.3d 419. Appellee’s motion to dismiss
denied.
O’Neill, J., dissents and would accept the cause
and affirm the decision of the court of appeals
pursuant to State v. Gonzales, 150 Ohio St.3d
261, 2016-Ohio-8319, 81 N.E.3d 405.
2017-0279. Wells Fargo Bank, N.A. v. Burd.
Franklin App. No. 15AP-1044, 2016-Ohio-7706.
O’Connor, C.J., and Fischer, J., dissent.
O’Donnell, J., not participating.
2017-0327. Toledo v. State.
Lucas App. No. L-15-1286, 2017-Ohio-215.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2017-0344. State v. Ireland.
Franklin App. No. 15AP-1134, 2017-Ohio-263.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2017-0936. State v. Bowshier.
Clark App. No. 2015-CA-54 and 2015-CA-73,
2017-Ohio-1386. Cause accepted on proposition
of law No. I.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1779. State v. Hale.
Cuyahoga App. No. 103654, 2016-Ohio-5837.
O’Neill, J., dissents.
2017-0154. Horn v. Dept. of Ins.
Lorain App. No. 15CA010892, 2017-Ohio-231.
2017-0159. State v. Dickerson.
Cuyahoga App. No. 102461, 2017-Ohio-177.
O’Donnell and DeWine, JJ., dissent.
2017-0214. State v. Roller.
Mahoning App. No. 15 MA 0164, 2016-Ohio-8554.
O’Donnell, J., dissents.
2017-0217. State v. Grad.
Medina App. No. 15CA0014-M, 2016-Ohio-8388.
2017-0243. Summit Cty. Sheriff v. Fraternal Order
of Police.
Summit App. No. 28019, 2017-Ohio-72.
O’Donnell, J., dissents.
French, J., not participating.
2017-0247. Cahill v. Testa.
Lake App. No. 2015-1-111.
2017-0255. State v. McCall.
Lorain App. No. 15CA010861, 2017-Ohio-34.
2017-0263. State v. Plott.
Seneca App. Nos. 13-15-39 and 13-15-40, 2017-
Ohio-38.
2017-0264. Bank of Am., N.A. v. Calloway.
Cuyahoga App. No. 103622, 2016-Ohio-7959.
French and Fischer, JJ., dissent and would accept
the cause on proposition of law No. I.
2017-0267. State v. Napier.
Clermont App. No. CA2016-04-022, 2017-Ohio-
246.
Kennedy and O’Neill, JJ., dissent.
2017-0268. State v. Norman.
Cuyahoga App. No. 104244, 2017-Ohio-92.
2017-0270. State v. Johnson.
Franklin App. No. 15AP-946, 2016-Ohio-8494.
O’Donnell, J., not participating.
2017-0273. State v. Blatchford.
Preble App. No. CA2015-12-023, 2016-Ohio-
8456.
2017-0278. State v. Taylor.
Lucas App. No. L-15-1309, 2017-Ohio-139.
2017-0295. Vontz v. Miller.
Hamilton App. No. C-150693, 2016-Ohio-8477.
Fischer and DeWine, JJ., not participating.
2017-0302. State v. Ledford.
Clermont App. No. CA2016-04-021, 2017-Ohio-
149.
2017-0305. State v. Steed.
Wood App. No. WD-15-069, 2016-Ohio-8088.
O’Donnell, J., dissents.
2017-0308. Meyer v. Meyer.
Franklin App. No. 16AP-253, 2016-Ohio-5806.
2017-0311. Cuyahoga Metro. Hous. Auth. v.
Fraternal Order of Police, Ohio Labor Council, Inc.
Cuyahoga App. No. 104319, 2017-Ohio-190.
French, J., not participating.
2017-0316. Third Fed. S. & L. Assn. of Cleveland
v. Formanik.
Cuyahoga App. No. 103649, 2016-Ohio-7478.
Fischer, J., dissents and would accept the cause
on proposition of law No. III.
2017-0322. Fifth Third Mtge. Co. v. Perry.
Pickaway App. No. 15CA22, 2016-Ohio-7811.
2017-0330. In re Certificate of Need Application
for Project “Livingston Villa,” Cuyahoga Cty.
Franklin App. No. 15AP-1146, 2017-Ohio-196.
O’Donnell, J., dissents.
2017-0334. State v. Landrum.
Cuyahoga App. No. 104511, 2017-Ohio-389.
2017-0336. Elwood v. Elwood.
Hardin App. No. 6-15-10, 2016-Ohio-8205.
Kennedy and French, JJ., dissent.
2017-0342. Hetrick v. Dept. of Agriculture.
Franklin App. No. 15AP-944, 2017-Ohio-303.
2017-0343. Templeton v. Fred W. Albrecht
Grocery Co.
Summit App. No. 27744, 2017-Ohio-282.
O’Donnell, O’Neill, and Fischer, JJ., dissent.
2017-0348. State v. Harmon.
Tuscarawas App. No. 2016AP080042, 2017-Ohio-
320.
2017-0353. Williams v. Midland Acres, Inc.
Madison App. No. CA2016-06-023, 2017-Ohio-
332.
2017-0375. State v. Smith.
Wayne App. No. 15AP0001, 2017-Ohio-359.
2017-0379. State v. Huffman.
Wayne App. No. 14AP0052, 2016-Ohio-8093.
O’Donnell, J., dissents and would accept the
cause on proposition of law No. I.
2017-0381. State v. Scott.
Lorain App. Nos. 15CA010844 and 15CA010846,
2017-Ohio-358.
O’Donnell, J., dissents.
2017-0428. MNH Truck Leasing Co., L.L.C. v. Dir.,
Dept. of Job & Family Servs.
Franklin App. Nos. 16AP-301, 16AP-302, and
16AP-303, 2017-Ohio-442.
2017-0755. State v. Ammiyhuwd.
Butler App. No. CA2016-08-151
2017-0807. In re L.R.S.
Portage App. Nos. 2016-P-0050 and 2016-P-
0051, 2017-Ohio-2604.
French, J., not participating.
2017-0824. State v. Turner.
Cuyahoga App. No. 104490, 2017-Ohio-2755.
2017-0825. State v. Makin.
Cuyahoga App. No. 104010, 2017-Ohio-2649.
2017-0826. State v. Doll.
Scioto App. No. 16CA3731, 2017-Ohio-2894.
2017-0829. State v. Harris.
Cuyahoga App. No. 104329, 2017-Ohio-2751.
2017-0831. State v. Quinnie.
Cuyahoga App. No. 105104, 2017-Ohio-2663.
2017-0833. State v. Reese.
Muskingum App. No. CT2017-0015, 2017-Ohio-
2847.
2017-0835. State v. Heflin.
Lucas App. No. L-17-1089.
2017-0839. State v. Terry.
Montgomery App. No. 27102, 2017-Ohio-2686.
2017-0850. Fox v. Turner.
Marion App. No. 9-16-44.
2017-0856. Fried v. Abraitis.
Cuyahoga App. Nos. 104823 and 105071.
2017-0863. Hoteling v. Ozdemir.
Wyandot App. No. 16-16-04, 2017-Ohio-2922.
2017-0867. State v. Gaffin.
Adams App. No. 16CA1027, 2017-Ohio-2935.
2017-0868. State v. Shuster.
Morgan App. No. 16AP0012, 2017-Ohio-2776.
2017-0873. State v. Ridenour.
Montgomery App. No. 27409.
2017-0879. State v. Brigner.
Athens App. No. 17CA3, 2017-Ohio-5538.
2017-0888. State v. McCrae.
Muskingum App. No. CT2017-0008, 2017-Ohio-
2968.
O’Neill, J., dissents.
2017-0890. State v. Brooks.
Summit App. No. 28381, 2017-Ohio-2832.
O’Connor, C.J., not participating.
2017-0892. State ex rel. Clinton v. MetroHealth
Sys.
Cuyahoga App. No. 104685, 2017-Ohio-2855.
2017-0894. State v. Potee.
Clermont App. No. CA2016-06-045, 2017-Ohio-
2926.
2017-0898. State v. Workman.
Clermont App. Nos. CA2016-10-065 and CA2016-
10-066, 2017-Ohio-2802.
2017-0900. State v. Henry.
Erie App. No. E-15-064, 2017-Ohio-2902.
2017-0901. State v. Chafin.
Franklin App. No. 17AP-209.
2017-0923. State v. Bullocks.
Hamilton App. No. C-150603.
2017-0924. State v. King.
Muskingum App. No. CT2017-0021, 2017-Ohio-
4258.
2017-0927. State v. Church.
Stark App. No. 2016CA00167.
2017-0932. State v. Baskerville.
Summit App. No. 28148, 2017-Ohio-4050.
2017-0953. State v. McClellan.
Stark App. No. 2016CA00142, 2017-Ohio-4402.
2017-0965. State v. Nunez.
Cuyahoga App. No. 104917, 2017-Ohio-5581.
2017-0968. State v. Scott.
Montgomery App. No. 27299, 2017-Ohio-4100.
2017-0977. State v. Nunez.
Cuyahoga App. No. 104623, 2017-Ohio-4295.
2017-0979. State v. Davis.
Cuyahoga App. No. 105925.
2017-0987. State v. Wade.
Jefferson App. No. 14 JE 0036, 2017-Ohio-4135.
2017-1096. In re C.D.
Franklin App. No. 16AP-779, 2017-Ohio-5870.
Motion for stay of execution of judgment denied.
2017-1112. State v. Fulton.
Erie App. No. E-05-027.
2017-1205. In re C.D.
Franklin App. No. 16AP-784. Motion for stay and
motion to consolidate denied.
O’Neill, J., dissents and would accept the cause
and grant the motion for stay and the motion to
consolidate.
RECONSIDERATION OF PRIOR DECISIONS
2017-0619. Harmon v. Hoffman.
In Mandamus and Prohibition. Reported at 150
Ohio St.3d 1404, 2017-Ohio-6964, 78 N.E.3d 906.
On motion for reconsideration. Motion denied.
Relator’s motion to amend motion for
reconsideration denied as moot.
CASE ANNOUNCEMENTS
October 10, 2017
[Cite as 10/10/2017 Case Announcements, 2017-
Ohio-8135.]
MERIT DECISIONS WITH OPINIONS
2016-0238. State v. Bembry , Slip Opinion No.
2017-Ohio-8114.
Mahoning App. Nos. 14 MA 51 and 14 MA 52,
2015-Ohio-5598. Judgment affirmed.
O’Connor, C.J., and Kennedy, O’Neill, and
DeWine, JJ., concur.
O’Donnell and Fischer, JJ., concur in judgment
only.
French, J., dissents and would dismiss the cause
as improvidently accepted.
########################################
##########
v. Bembry, Slip Opinion No. 2017-Ohio-8114.]
NOTICE This slip opinion is subject to formal
revision before it is published in an advance sheet
of the Ohio Official Reports. Readers are
requested to promptly notify the Reporter of
Decisions, Supreme Court of Ohio, 65 South
Front Street, Columbus, Ohio 43215, of any
typographical or other formal errors in the opinion,
in order that corrections may be made before the
opinion is published.
SLIP OPINION NO. 2017-OHIO-8114
THE STATE OF OHIO, APPELLEE, v. BEMBRY
ET AL., APPELLANTS.
[Until this opinion appears in the Ohio Official
Reports advance sheets, it
may be cited as State v. Bembry, Slip Opinion No.
2017-Ohio-8114.]
Criminal law—Once a warrant has been issued,
the exclusion of evidence is not the appropriate
remedy under Article I, Section 14 of the Ohio
Constitution for a violation of the knock-and-
announce statute, R.C. 2935.12.
(No. 2016-0238—Submitted March 1, 2017—
Decided October 10, 2017.) APPEAL from the
Court of Appeals for Mahoning County, Nos. 14
MA 51 and 14 MA 52, 2015-Ohio-5598.
O’NEILL, J.
{¶ 1} In this appeal, we take up whether the
exclusionary rule is the appropriate remedy when
police executing a valid search warrant violate the
requirements of the knock-and-announce statute,
R.C. 2935.12. We conclude that the exclusion of
evidence is not the proper remedy for a violation
of the knock-andannounce statute. We therefore
affirm the judgment of the Seventh District Court
of Appeals and remand the cause to the trial court
for further proceedings.
FACTS AND PROCEDURAL HISTORY
{¶ 2} Boardman police supervised two “controlled
buys” in October 2012, during which a confidential
informant purchased heroin from appellant
Harsimran Singh near the apartment where Singh
lived. Based upon the two incidents during which
Singh sold heroin and upon his prior arrest for a
crime of drug abuse, Boardman police sought and
acquired a search warrant for Singh’s apartment.
{¶ 3} Singh lived with his girlfriend, appellant
Sherri A. Bembry. Seven Boardman police officers
executed the warrant at her apartment at 8:30
a.m. on November 2, 2012. Officers knocked
several times. Thirty seconds after police knocked
on the door, someone in the apartment asked,
“[W]ho is it?” An officer replied, “Police. Open the
door.”
{¶ 4} After more time went by, police officers
forced the door open with a battering ram.
Detective Michael Dado claimed that the officers
waited 15 seconds to enter the apartment after
announcing their presence. Singh claimed that the
entry was more immediate and that he was not
sure that it was the police at his door. Detective
Dado admitted that the police never stated their
purpose, which was to execute a search warrant.
Singh was taken from the apartment and thrown
on the ground.
{¶ 5} The search turned up contraband in the form
of drugs, instruments of drug trafficking, and a
stolen weapon. Officers found marijuana, two
digital scales coated with drug residue in the
bedroom, and eight bindles of heroin packaged
for sale in a dresser. They found a .38-caliber
pistol that was registered in the Law Enforcement
Automated Data System database as a stolen
weapon. And they found a semiautomatic AK-47
and two loaded magazines under the mattress,
although the state ultimately charged no crimes
regarding the rifle. After the search, officers
learned that three children under the age of seven
lived in a nearby apartment.
{¶ 6} A grand jury indicted Singh on one count of
trafficking in heroin in the vicinity of a juvenile,
R.C. 2925.03(A)(2) and (C)(6)(b); one count of
possession of a controlled substance, R.C.
2925.11(A) and (C)(6)(a); and one count of
receiving a stolen firearm, R.C. 2913.51(A) and
(C). Bembry was indicted on one count of
permitting drug abuse, R.C. 2925.13(B) and (C)
(1) and (3).
{¶ 7} Bembry and Singh jointly moved to suppress
all evidence obtained during the search. They
claimed that “the search itself did not comport with
the reasonableness requirement” of the Fourth
Amendment to the United States Constitution and
Article I, Section 14 of the Ohio Constitution. The
state responded that the suppression of evidence
is not the appropriate remedy when police
executing a search warrant fail to comply with the
knock-and-announce statute,
R.C. 2935.12. The trial court granted the motion
to suppress, finding that the Boardman police had
violated R.C. 2935.12 without any exigent
circumstances justifying the violation.
{¶ 8} The state appealed pursuant to R.C.
2945.67(A), raising the following assignment of
error: “ ‘The trial court should have denied
defendants’ motion to suppress, because the law
is well-settled that the exclusionary rule does not
apply to violations of the knock-and-announce
rule.’ ” 2015-Ohio-5598, ¶ 7. The court of appeals
explained that the facts of Bembry and Singh’s
case were “virtually identical” to the facts in
Hudson v. Michigan, 547 U.S. 586, 126 S.Ct.
2159, 156 L.Ed.2d 56 (2006). 2015-Ohio-5598, at
¶ 11. Applying the logic of Hudson, the court of
appeals reversed the judgment of the trial court,
vacated the suppression order, and remanded the
matter. 2015-Ohio-5598, at ¶ 11-19.
{¶ 9} Bembry and Singh appealed, and we
accepted jurisdiction over the following
proposition of law: “The exclusionary rule is the
appropriate remedy under Article I, Section 14 of
the Ohio Constitution for a violation of R.C.
2935.12.” See 145 Ohio St.3d 1470, 2016-Ohio-
3028, 49 N.E.3d 1313.
DISCUSSION
{¶ 10} The court of appeals made no mention of
the independent protection provided by Article I,
Section 14 of the Ohio Constitution. Generally, we
will not consider any issue “that was not raised in
any way in the Court of Appeals and was not
considered or decided by that court.” Toledo v.
Reasonover, 5 Ohio St.2d 22, 213 N.E.2d 179
(1965), paragraph two of the syllabus. We have
justified this rule in no uncertain terms:
Any other rule would relieve counsel from any
duty or responsibility to the court, and place the
entire responsibility upon the trial court to give
faultless instructions upon every possible feature
of the case, thereby disregarding entirely the true
relation of court and counsel, which enjoins upon
counsel the duty to exercise diligence and to aid
the court, rather than by silence mislead the court
into commission of error.
State v. Driscoll, 106 Ohio St. 33, 39, 138 N.E.
376 (1922). It is therefore appropriate to address
whether the foregoing proposition of law is
properly before us before reaching the merits.
{¶ 11} The record before us shows that the issue
was raised at the trial level and fully briefed at the
appellate level. Bembry and Singh devoted much
of their brief below to this court’s decisions holding
that in some circumstances, Article I, Section 14
of the Ohio Constitution affords greater protection
than the Fourth Amendment; to the decisions of
other state courts regarding suppression as a
remedy for knock-and-announce violations; and to
the significance of the General Assembly’s knock-
and-announce enactment, R.C. 2935.12. They
submitted their brief more than a year before the
court of appeals issued its judgment. Although the
decision of the court of appeals does not offer any
discussion regarding Article I, Section 14 of the
Ohio Constitution, it appears from the record that
the court of appeals considered and rejected the
arguments asserted in Bembry and Singh’s only
brief below. For those reasons, we hold that
Bembry and Singh adequately preserved their
proposition of law.
{¶ 12} We find further support from the Rules of
Appellate Procedure, which permit an appellee
“who does not seek to change the judgment or
order” of a lower court to defend that judgment,
even “on a ground other than that relied on by the
trial court,” without “[filing] a notice of cross appeal
or [raising] a cross-assignment of error.” App.R.
3(C)(2). Bembry and Singh therefore met their
duty to raise the issue to the court of appeals by
briefing it there in detail. Accordingly, we will
proceed to the merits of this appeal presuming
that the lower court’s decision stands for the
proposition that the United States Supreme
Court’s decision in Hudson governs the
appropriate remedy for a violation of the knock-
andannounce principle under both the Fourth
Amendment to the United States Constitution and
Article I, Section 14 of the Ohio Constitution.
{¶ 13} Turning to the proposition at hand, we must
answer whether Ohio’s independent provision of
the “right of the people to be secure * * * against
unreasonable searches and seizures” in Ohio
Constitution, Article I, Section 14 requires the
suppression of evidence when police fail to
comply with the knock-and-announce principle
while executing a valid search warrant. We hold
that it does not.
THE EXCLUSIONARY RULE
{¶ 14} The exclusionary rule is a fairly recent legal
development, and its rise is inextricably entwined
with the incorporation of the Bill of Rights within
the Fourteenth Amendment. More than 100 years
ago, the United States Supreme Court recognized
the federal suppression remedy for warrantless
searches and seizures, in Weeks v. United States,
232 U.S. 383, 398, 34 S.Ct. 341, 58 L.Ed. 652
(1914). The court held that a federal district court
in Missouri committed error when it denied a
criminal defendant’s pretrial application to return
seized property on the grounds that the property
was taken from his home during a warrantless
search. Id.
{¶ 15} Prior to 1936, Ohio courts sometimes
excluded evidence resulting from search-and-
seizure violations in criminal investigations, but
application of the exclusion remedy was
inconsistent. See State v. Lindway, 131 Ohio St.
166, 172180, 2 N.E.2d 490 (1936). When this
court squarely took up whether illegally obtained
evidence should be barred from trial, it noted that
courts in the majority of other states had “[held]
such evidence admissible on the basis that if it is
pertinent to the main issue in the case, a court
need not concern itself with the collateral issue of
how it was gotten.” Id. at 173. Joining the courts
of those states, this court held that the Fourth
Amendment had “no application to the various
states” and that “[i]n a criminal case, evidence
obtained by an unlawful search is not thereby
rendered inadmissible.” Id. at paragraphs one and
four of the syllabus. This court later reserved the
exclusion remedy in Ohio courts to evidence
produced by “ ‘ “brutal” or “offensive” ’ physical
force” violating the Fourteenth Amendment. State
v. Mapp, 170 Ohio St. 427, 430-431, 166 N.E.2d
387 (1960), rev’d sub nom. Mapp v. Ohio, 367
U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961),
quoting Breithaupt v. Abram, 352 U.S. 432, 436,
77 S.Ct. 408, 1 L.Ed.2d 448 (1957).
{¶ 16} In deciding State v. Mapp, this court relied
on Wolf v. Colorado, 338
U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949).
Justice Frankfurter wrote for the court in Wolf that
“[t]he notion that the “due process of law”
guaranteed by the Fourteenth Amendment is
shorthand for the first eight amendments of the
Constitution and thereby incorporates them has
been rejected by this Court again and again, after
impressive consideration. * * * The issue is
closed.” Id. at 26. On that basis, the United States
Supreme Court held that the Fourth Amendment
exclusionary rule announced in Weeks required
the exclusion of “evidence obtained by an
unreasonable search and seizure” from a federal
court but that the Fourteenth Amendment did not
require the same remedy for the same illegally
obtained evidence in “a prosecution in a State
court for a State crime.” Id. at 34. On the one
hand, the court was able to recognize that “one’s
privacy against arbitrary intrusion by the police—
which is at the core of the Fourth Amendment—is
basic to a free society” and “therefore implicit in
‘the concept of ordered liberty’ and as such
enforceable against the States through the Due
Process Clause.” Id. at 27-28. But on the other
hand, the court was unwilling to choose a remedy
on behalf of every jurisdiction in our nation
because the law in the various states had already
developed a number of mechanisms besides
suppression to protect privacy in the home. Id. at
28-33; id. at 30, fn. 1. As this court was not bound
to impose in a state case the specific remedy the
Supreme Court determined is required by the
Fourth Amendment, it chose to retain the rule of
Lindway that “evidence obtained by an unlawful
search and seizure is admissible in a criminal
prosecution.” State v. Mapp at 430.
{¶ 17} That ruling did not stand for long. In Mapp
v. Ohio, the United States Supreme Court
overruled its decision in Wolf and reversed this
court’s decision in State v. Mapp. In overruling
Wolf, the court adopted the reasoning of the
California Supreme Court that the “other
remedies” developed by the states for protection
of the right to privacy “[had] been worthless and
futile.” Mapp v. Ohio at 652, citing People v.
Cahan, 44 Cal.2d 434, 282 P.2d 905 (1955). Left
with only inadequate alternative remedies, the
court held that the Fourth Amendment’s
exclusionary remedy must be “enforceable
against the States through the Due Process
Clause of the Fourteenth [Amendment]” just the
same as the Fourth Amendment’s right to privacy
against arbitrary intrusion by the police. Id. at 655.
The court remarked:
Were it otherwise, then just as without the Weeks
rule the assurance against unreasonable federal
searches and seizures would be “a form of
words”, valueless and undeserving of mention in a
perpetual charter of inestimable human liberties,
so too, without that rule the freedom from state
invasions of privacy would be so ephemeral and
so neatly severed from its conceptual nexus with
the freedom from all brutish means of coercing
evidence as not to merit this Court’s high regard
as a freedom “implicit in the concept of ordered
liberty.”
Id. Put most simply, there can be no meaningful
right to privacy in the home if the right has no
meaningful remedy. And so, through operation of
the Fourteenth Amendment, the Fourth
Amendment applies in Ohio courts, it protects our
right to privacy, and it may require the
suppression of evidence gained in violation of that
right.
{¶ 18} Although the exclusionary rule is
undoubtedly available to remedy a violation of the
Fourth Amendment, it is an entirely separate
question “[w]hether the exclusionary sanction is
appropriately imposed in a particular case.”
United States v. Leon, 468 U.S. 897, 906, 104
S.Ct. 3405, 82 L.Ed.2d 677 (1984). The
exclusionary rule is “applicable only where its
deterrence benefits outweigh its ‘substantial social
costs.’ ” Pennsylvania Bd. of Probation & Parole v.
Scott, 524
U.S. 357, 363, 118 S.Ct. 2014, 141 L.Ed.2d 344
(1998), quoting Leon at 907. Those social costs
“sometimes include setting the guilty free and the
dangerous at large.” Hudson, 547 U.S. at 591,
126 S.Ct. 2159, 156 L.Ed.2d 56. At the very least,
exclusion prevents “consideration of reliable,
probative evidence,” which “undeniably detracts
from the truthfinding process.” Scott at 364. And
so, before a court sanctions the exclusion of
evidence, it must consider whether exclusion will
actually remedy the wrong and deter future
wrongdoing.
THE KNOCK-AND-ANNOUNCE PRINCIPLE
{¶ 19} The knock-and-announce principle is much
older than the exclusionary rule, finding its roots in
the ancient common law. Wilson v. Arkansas, 514
U.S. 927, 932, 115 S.Ct. 1914, 131 L.Ed.2d 976
(1995), fn. 2. The United States Supreme Court
has explained that by virtue of its place in the
common law before and during the founding era,
the knock-and-announce principle “is an element
of the reasonableness inquiry under the Fourth
Amendment.” Id. at 934. In Ohio, the principle was
more recently codified in R.C. 2935.12. State v.
Oliver, 112 Ohio St.3d 447, 2007-Ohio-372, 860
N.E.2d 1002, ¶ 9. The principle requires “police
officers executing a search warrant at a residence
to first knock on the door, announce their purpose,
and identify themselves before they forcibly enter
the home.”1 Id. at ¶ 9; accord Wilson at 931-932.
Ohio’s codified version of the knock-and-
announce principle provides the same basic rule:
police executing a warrant must give notice of
their presence and purpose and may enter a
home only after refusal of admission. R.C.
2935.12(A) (“when executing a search warrant,
the peace officer * * * executing the warrant * * *
may break down an outer or inner door or window
of a dwelling house or other building, if, after
notice of his intention to * * * execute the warrant *
* * he is refused admittance”). The knock-
andannounce principle becomes relevant only
after a warrant has issued, for if a warrant has not
issued, a search or seizure inside the home is
“presumptively unreasonable” whether or not
police give notice of their presence and purpose.
Payton v. New York, 445 U.S. 573, 586, 100 S.Ct.
1371, 63 L.Ed.2d 639 (1980); see also State v.
Carr, 2d Dist. Montgomery No. 19121, 2002-Ohio-
4201, ¶ 13 (“The statute sets forth requirements to
be followed when police are entering a residence
to execute a warrant. The police in this case were
not executing a warrant. Therefore, we conclude
that R.C. 2935.12 is inapplicable to this case”).
{¶ 20} Despite the fact that the knock-and-
announce principle is “an element of the
reasonableness inquiry under the Fourth
Amendment,” Wilson at
1 Although there are exceptions to the knock-and-
announce rule, they are not relevant here,
because the state has admitted that the officers
did not comply with the rule while conducting their
search. See Hudson at 589-590.
934, the United States Supreme Court held in
Hudson that suppression is categorically the
wrong remedy when police armed with a valid
warrant violate the knock-and-announce principle.
Hudson at 594, 599. The court gave two related
reasons why “the massive remedy of suppressing
evidence of guilt is unjustified.” Id. at 599.
{¶ 21} First, the knock-and-announce principle
protects different interests than those protected by
the warrant requirement and vindicated by the
suppression remedy. Id. at 590-594. The warrant
requirement protects the privacy of one’s home
and its contents, while the suppression of
evidence found during a warrantless search of the
home appropriately restores the private nature of
that evidence. Id. at
593. The knock-and-announce principle, however,
protects “human life and limb” placed in jeopardy
by “supposed self-defense by the surprised
resident,” assures “the protection of property” that
may be destroyed during a forced entry, and
safeguards “elements of privacy and dignity that
can be destroyed by a sudden entrance.” Id. at
594. Suppressing evidence found during a
warranted search of a home will not heal a
physical injury, fix a door, or undo the shock of
embarrassment when police enter without notice
of their presence and purpose.
{¶ 22} Second, suppression will not effectively
deter knock-and-announce violations. Id. at 594-
596. There is minimal incentive to violate the
knock-andannounce principle in the first place,
and the rule gives way in the name of safety,
investigative necessity, or futility. Id. at 596. There
is a danger that the risk of suppression would
dissuade police from risking a knock-and-
announce violation in exigent circumstances,
when they would have the benefit of an exception
to the rule anyway. Id. at 594-596.
ARTICLE I, SECTION 14 OF THE OHIO
CONSTITUTION
{¶ 23} Shortly after the United States Supreme
Court decided Hudson, we heard oral argument in
Oliver, 112 Ohio St.3d 447, 2007-Ohio-372, 860
N.E.2d 1002. Id. at ¶ 11. In Oliver, we considered
the state’s appeal from an order granting a motion
to suppress evidence on the basis of a knock-
and-announce violation. Id. at ¶ 6-10. We noted in
our decision that “Hudson present[ed] a significant
and arguably new interpretation of the
exclusionary rule,” and we remanded the matter
for the trial court to consider Hudson in the first
instance. Id. at ¶ 13. In Oliver, we did not
comment on the question at issue in this matter:
whether Article I, Section 14 of the Ohio
Constitution provides greater protection from
knock-andannounce violations than the Fourth
Amendment as interpreted in Hudson. See id. at ¶
13.
{¶ 24} Now that the precise question has
percolated through the lower courts in the wake of
Hudson, we take it up today. We are, of course,
bound to treat the exclusionary rule developed in
Weeks and Mapp v. Ohio and the knock-and-
announce principle developed in Wilson and
Hudson as “a floor below which state court
decisions may not fall.” Arnold v. Cleveland, 67
Ohio St.3d 35, 616 N.E.2d 163 (1993), paragraph
one of the syllabus. We will generally “harmonize
our interpretation of Section 14, Article I of the
Ohio Constitution with the Fourth Amendment,
unless there are persuasive reasons to find
otherwise.” (Emphasis added.) State v. Robinette,
80 Ohio St.3d 234, 239, 685 N.E.2d 762 (1997).
Given “persuasive reasons” to find more
expansive constitutional protections within the
Ohio Constitution, we are entitled to do so. Id; see
also State v. Mole, 149 Ohio St.3d 215, 2016-
Ohio-5124, 74 N.E.3d 368, ¶ 20 (plurality opinion).
{¶ 25} Bembry and Singh advance three
arguments in support of more expansive
constitutional protection under Article I, Section 14
of the Ohio Constitution than under the Fourth
Amendment for those who suffer a knock-
andannounce violation. First, they offer several
trial- and appellate-court decisions that
sanctioned suppression of evidence as a remedy
for violating the knock-andannounce principle and
that predate the United States Supreme Court’s
decision in Wilson. See State v. Vuin, 89 Ohio
Law Abs. 193, 198-199, 185 N.E.2d 506
(C.P.1962); State v. Furry, 31 Ohio App.2d 107,
112-113, 117, 286 N.E.2d 301 (6th Dist.1971);
State v. DeFiore, 64 Ohio App.2d 115, 119, 411
N.E.2d 837 (1st Dist.1979); State v. Valentine, 74
Ohio App.3d 110, 113, 118, 598 N.E.2d 82 (4th
Dist.1991). Singh and Bembry argue that these
decisions prove that Article I, Section 14 of the
Ohio Constitution required suppression as a
remedy for a knock-and-announce violation
because the United States Supreme Court had
not yet formally recognized in Wilson that the
knock-and-announce principle comprised part of
the Fourth Amendment reasonableness inquiry.
{¶ 26} We are never bound by prior decisions of
inferior courts. But these decisions fail even as
persuasive authority for the argument advanced
by Bembry and Singh. Each of the decisions
offered by Bembry and Singh expressly rely upon
the Fourth Amendment as the constitutional
authority for suppressing evidence or affirming an
order suppressing evidence. Vuin at 195, 200;
Furry at 111-112; Defiore at 119-120; Valentine at
113-114. To the extent that any of these decisions
mention Article I, Section 14 of the Ohio
Constitution, the courts said nothing about
whether that provision offers any greater
protection than the Fourth Amendment. Vuin at
195, 200.
{¶ 27} Second, Bembry and Singh point to our
decisions that have extended the protections of
Article I, Section 14 of the Ohio Constitution
beyond the protections of the Fourth Amendment
in cases where police have stopped or arrested
an individual for a minor misdemeanor without a
warrant. State v. Jones, 88 Ohio St.3d 430, 727
N.E.2d 886 (2000); State v. Brown, 99 Ohio St.3d
323, 2003-Ohio-3931, 792 N.E.2d 175 (“Brown I”);
State v. Brown, 143 Ohio St.3d 444, 2015-Ohio-
2438, 39 N.E.3d 496 (“Brown II”). They argue that
there is no reason not to apply the reasoning used
in those cases to the question presented in this
one.
{¶ 28} We are not convinced. Jones, Brown I, and
Brown II are all distinguishable in an important
way from the present case because they all
turned in part on the lack of a valid warrant. When
police stop or arrest an individual without a
warrant, the individual has liberty and privacy
interests in his or her person and property prior to
the arrest. See Jones at 438-439. We held that
the arrests in Jones and Brown I were
unreasonable in light of the less serious minor-
misdemeanor violations at issue, and we restored
the privacy the police violated during the arrests
of the individuals in those cases by affirming
orders to suppress evidence. Jones at 440-441;
Brown I at ¶25. In Brown II, we held that the
state’s interest in conducting a traffic stop for a
minor misdemeanor outside of a police officer’s
territorial jurisdiction was “outweighed by the
intrusion upon the individual’s liberty and privacy
that necessarily arises out of the stop.” (Emphasis
added.) Id. at ¶ 25. Accordingly we affirmed the
order of the court of appeals holding that
suppression was required. Id. at ¶ 8, 26-27. In
Jones, Brown I, and Brown II, suppression was
the appropriate remedy because there was a
privacy interest to vindicate. In the present case, a
magistrate decided to subject the contents of
Bembry and Singh’s home to state scrutiny by
issuing a warrant before the search occurred.
Because the warrant issued, Bembry and Singh’s
privacy interest in their apartment abated within
the scope of the search warrant. It makes no
sense then to restore the privacy interest that
existed prior to the issuance of the warrant by
suppressing evidence merely because police
executed the valid warrant in an unlawful manner.
{¶ 29} Finally, Bembry and Singh argue that
pursuant to the discussion of the “new federalism”
in Mole, 149 Ohio St.3d 215, 2016-Ohio-5124, 74
N.E.3d 368, at ¶ 14-22, we should take the
decisions of other state courts as persuasive
authority on the question at hand. The authorities
Bembry and Singh offer are simply not
persuasive. Several of these decisions provide for
suppression as a remedy for a violation of another
state’s knock-and-announce statute or a criminal
rule rather than a constitutional provision. State v.
Cable, 51 So.3d 434, 441-443 (Fla.2010);
Berumen v. State, 182 P.3d 635, 641-642 (Alaska
2008); Commonwealth v. Chambers, 528 Pa. 403,
410, 598 A.2d 539 (1991). The plain language of
R.C. 2935.12 provides no remedy for its violation,
and we cannot “brazenly ignore the unambiguous
language of a statute” simply because another
state would do so under its own law. Jacobson v.
Kaforey, 149 Ohio St.3d 398, 2016-Ohio-8434, 75
N.E.3d 203, ¶ 8. In still other states, the law in this
area is as undeveloped as it is in Ohio. E.g., State
v. Jean-Paul, 2013-NMCA-032, 295 P.3d 1072,
1077 (“Our Supreme Court has not had the
occasion since Hudson to reconsider [State v.
Attaway, 117 N.M. 141, 1994-NMSC-011, 870
P.2d 103] or the application of the exclusionary
rule for knock-and-announce violations under the
state constitution. * * * Therefore, Attaway
controls, and the remedy for any violation of [the
New Mexico Constitution’s] knock-and-announce
requirement continues to be suppression of the
evidence”).
{¶ 30} We find the United States Supreme Court’s
reasoning in Hudson to be far more persuasive
than the arguments made by Bembry and Singh.
The knock-and-announce principle applies only
when police execute a valid warrant. To acquire a
valid warrant, police must first convince a neutral
magistrate that there is probable cause to believe
that a crime has been committed, sufficient to
justify pulling aside the veil of privacy from the
contents of a home. It makes fundamental sense
that we would not restore privacy to the contents
of a home to remedy the violation of a rule that
applies only after the interest in privacy in the
home has been overridden. To do so would be to
make an end run around the authority of the
magistrate that issued the warrant. There is a
basic conceptual disconnect between the
interests protected by the knock-and-announce
principle and those vindicated by the suppression
remedy. For the foregoing reasons, we are
persuaded to “harmonize our interpretation of
Section 14, Article I of the Ohio Constitution with
the Fourth Amendment,” Robinette, 80 Ohio St.3d
at 239, 685 N.E.2d 762, with regard to the
appropriate remedy for a violation of the knock-
and-announce principle as codified in R.C.
2935.12.
CONCLUSION
{¶ 31} Accordingly, we hold that once a warrant
has been issued, the exclusionary rule is not the
appropriate remedy under Article I, Section 14 of
the Ohio Constitution for a violation of R.C.
2935.12.
Judgment affirmed
and cause remanded.
O’CONNOR, C.J., and KENNEDY and DEWINE,
JJ., concur.
O’DONNELL and FISCHER, JJ., concur in
judgment only.
FRENCH, J., dissents and would dismiss the
cause as improvidently granted.
Paul J. Gains, Mahoning County Prosecuting
Attorney, and Ralph M. Rivera, Assistant
Prosecuting Attorney, for appellee.
Louis M. Defabio, for appellants.
Michael DeWine, Attorney General, Eric E.
Murphy, State Solicitor, and Peter T. Reed and
Hannah C. Wilson, Deputy Solicitors, urging
affirmance for amicus curiae Ohio Attorney
General Michael DeWine.
Ron O’Brien, Franklin County Prosecuting
Attorney, and Steven L. Taylor, Assistant
Prosecuting Attorney, urging affirmance for
amicus curiae Franklin County Prosecutor Ron
O’Brien.
Timothy Young, Ohio Public Defender, and
Katherine Ross-Kinzie, Assistant Public Defender,
urging reversal for amicus curiae Ohio Public
Defender.
Supreme Court Case Announcement for October
9, 2017
CASE ANNOUNCEMENTS
October 9, 2017
[Cite as 10/09/2017 Case Announcements, 2017-
Ohio-8117.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF OCTOBER 9,
2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the October 9, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-0454. State v. Watkins , 150 Ohio St.3d 366,
2016-Ohio-8464.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/0454
2014-1208 and 2014-1209. Swartz v.
Householder , 150 Ohio St.3d 341, 2016-Ohio-
5817.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1208
2014-1614. Internatl. Paper Co. v. Testa , 150
Ohio St.3d 348, 2016-Ohio-7454.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1614
2014-1655. Dahlgren v. Brown Farm Properties,
L.L.C. , 150 Ohio St.3d 341, 2016-Ohio-5818.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1655
2014-1767. Eisenbarth v. Reusser , 150 Ohio
St.3d 342, 2016-Ohio-5819.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1767
2014-1886. Taylor v. Crosby , 150 Ohio St.3d 344,
2016-Ohio-5820.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1886
2014-1909. Farnsworth v. Burkhart , 150 Ohio
St.3d 345, 2016-Ohio-5816.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1909
2014-1966. Tribett v. Shepherd , 150 Ohio St.3d
346, 2016-Ohio-5821.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1966
2015-0195. Thompson v. Custer , 150 Ohio St.3d
347, 2016-Ohio-5823.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/0195
2015-0235. Carney v. Shockley , 150 Ohio St.3d
348, 2016-Ohio-5824.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/0235
2015-1137. State v. Jackson , 150 Ohio St.3d 362,
2016-Ohio-8127.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/1137
2015-2081 and 2016-0180. Wilson v. Lawrence ,
150 Ohio St.3d 368, 2017-Ohio-1410.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/2081
2016-0845. Cleveland Metro. Bar Assn. v. King ,
150 Ohio St.3d 1271, 2017-Ohio-2929.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0845
2016-0854. Geauga Cty. Bar Assn. v. Snavely ,
150 Ohio St.3d 1273, 2017-Ohio-4130.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0854
2016-0923. State ex rel. Love v. O’Donnell , 150
Ohio St.3d 378, 2017-Ohio-5659.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0923
2016-1033. State v. Bettis , 150 Ohio St.3d 367,
2016-Ohio-8472.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/1033
2016-1303. Wills v. Turner, 150 Ohio St.3d 379 ,
2017-Ohio-6874.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/1303
2017-0226. Lorain Cty. Bar Assn. v. Williamson ,
150 Ohio St.3d 382, 2017-Ohio-6963.
2017-0663. Dayton Bar Assn. v. Wilcoxson , 150
Ohio St.3d 1274, 2017-Ohio-4206.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0226
2017-0663. Dayton Bar Assn. v. Wilcoxson , 150
Ohio St.3d 1282, 2017-Ohio-7157.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0663
2017-0732. In re Resignation of Pioch , 150 Ohio
St.3d 1277, 2017-Ohio-5539.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0732
2017-0881. In re Scudder , 150 Ohio St.3d 1280,
2017-Ohio-5720.
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0881
MOTION AND PROCEDURAL RULINGS
2017-0087. State v. Carnes.
Hamilton App. No. C-150752, 2016-Ohio-8019.
On motion for appointment of the Office of the
Ohio Public Defender as counsel. Motion granted.
Supreme Court Second Case Announcement for
October 6, 2017
CASE ANNOUNCEMENTS
October 6, 2017
[Cite as 10/06/2017 Case Announcements #2,
2017-Ohio-8110.]
MERIT DECISIONS WITH OPINIONS
2017-1239. State ex rel. Flak v. Betras , Slip
Opinion No. 2017-Ohio-8109.
In Mandamus. Writs denied.
O’Donnell, Kennedy, French, and DeWine, JJ.,
concur.
Fischer, J., dissents, with an opinion joined by
O’Connor, C.J., and O’Neill, J.
########################################
########
Relators, Lynn Anderson, Susan L. Beiersdorfer,
Kathleen K. Berry, Marguerite Linda Felice, and
Dario David Hunter, who are the Committee of
Petitioners for the Youngstown People’s Bill of
Rights for Fair Elections and Access to Local
Government Charter Amendment (“Elections
Charter Amendment”); and Christine Agnes Flak,
Mary C. Khumprakob, Raymond Nakley, Jr.,
Young Tensley, and Hattie Wilkins, who are the
Committee of Petitioners for the Youngstown
Drinking Water Protection Bill of Rights Charter
Amendment (“Water Charter Amendment”),
proceeding by and through counsel, set forth their
Verified Complaint as follows:
PRELIMINARY STATEMENT
1. Relators seek a writ of mandamus to compel
the Respondents David J. Betras, Mark E.
Munroe, Robert J. Wasko and Tracey S. Winbush,
who are the members of the Mahoning County
Board of Elections (“Respondents,” “BOE” or
“members of the BOE”) to comply with the
requirements of the Municipal Charter of the City
of Youngstown and constitutional, statutory, and
common law to place the proposed Water Charter
Amendment and the Elections Charter
Amendment onto the Youngstown ballot for the
November 7, 2017 general election. The two
proposals were circulated within the City of
Youngstown for the purpose of gathering requisite
numbers of elector signatures during the spring
and summer of 2017. A copy of each proposed
Charter Amendment is attached hereto as
Exhibits A and B respectively, and they are
incorporated fully by reference as though herein
rewritten.
JURISDICTION
Jurisdiction generally lies with this Court
pursuant to O.R.C. Chapter 2731, which governs
mandamus proceedings in the courts, and
specifically lays jurisdiction in Ohio’s Supreme
Court by O.R.C. § 2731.02.
The claims in this matter arise from the denial
of Relators’ legal rights by Respondents, which
occurred when Respondents refused on
September 6, 2017 to perform their legal duty to
place Relators’ Community Rights Charter
Amendment on the ballot for the November 7,
2017 general election, as delineated below.
THE PARTIES
Relators Christine Agnes Flak, Mary C.
Khumprakob, Raymond Nakley, Jr., Young
Tensley, and Hattie Wilkins, the Water Petitioners
Committee sponsoring the Water Charter
Amendment, are registered voters of the City of
Youngstown who associated for the purpose of
gathering elector signatures on a formal petition to
propose the amendment of the Municipal Charter
of the City Youngstown for a public vote. The
Charter Amendment contains a community bill of
rights to strengthen local control over
environmentally harmful projects and processes
which threaten drinking water, deplete the supply
of water for other uses and divert user
maintenance fees to non-water related
infrastructure projects. The proposed amendment
would create a right to a healthy environment and
provide means of enforcement; and would allow
citizens to impose controls over corporate
activities when they conflict with the public right to
a healthy environment.
Relators Lynn Anderson, Susan L. Beiersdorfer,
Kathleen K. Berry, Marguerite Linda Felice, and
Dario David Hunter, the Elections Petitioners
Committee sponsoring the Elections Charter
Amendment, are registered voters of the City of
Youngstown who associated for the purpose of
gathering elector signatures on a formal petition to
propose the amendment of the Municipal Charter
of the City Youngstown for a public vote. The
purpose of the Elections Charter Amendment
generally is to implement reforms to local
elections practices, including campaign finance
limitations, non-partisan elections, require paper
ballots tracking to verify electronic results of
elections, and to guarantee access to the ballot
for citizen initiatives.
The combined groups of Relators bring this suit
on behalf of themselves and of other electors who
may vote for one or both of the Charter
Amendments in Youngstown.
7. Respondents David J. Betras, Mark E. Munroe,
Robert J. Wasko and Tracey S.
Winbush are members of the Mahoning County
Board of Elections (“BOE”) and are being sued in
their official capacities for their failure and refusal
to place the proposed Charter Amendments on
the ballot. As board of elections members, they
are capable of being sued and of having their
decisions challenged in, and determined by, Ohio
courts.
FACTUAL AVERMENTS
On July 24, 2017, the Water Petitioners
Committee submitted 69 part-petition forms
containing 2,085 signatures to the Youngstown
City Clerk in support of placement of the proposed
Water Charter Amendment on the ballot. On
August 11, 2017, the BOE notified the
Youngstown mayor and council that a total of
1,428 signatures were determined by the BOE to
be valid signatures of registered voters.
On August 7, 2017, the Elections Petitioners
Committee submitted 68 part-petition forms
containing 1,948 signatures to the Youngstown
City Clerk in support of placement of the proposed
Elections Charter Amendment on the ballot. On
August 21, 2017, the BOE notified the
Youngstown mayor and council that a total of
1,406 signatures were determined by the BOE to
be valid signatures of registered voters.
On August 23, 2017, the Youngstown City
Council unanimously passed an ordinance which
instructed the BOE to put the Elections Charter
Amendment on the November 7, 2017 ballot.
(See Exhibit C, Ordinance No. 17-333). The
ordinance was delivered by the City to the BOE
on August 25, 2017.
On August 23, 2017, the Youngstown City
Council unanimously passed an ordinance which
instructed the BOE to put the Water Charter
Amendment on the November 7, 2017 ballot.
(See Exhibit D, Ordinance No. 17-332). The
ordinance was delivered by the City to the BOE
on August 25, 2017.
Relators requested the BOE to expeditiously
add the Charter Amendment to the ballot via letter
transmitted to the BOE on August 25, 2017 (See
Exhibit C, attached). On September 6, 2017, the
BOE voted 4-0 to exclude both Charter
Amendments from the ballot for various reasons,
including but not limited to: that the charter
proposals contained provisions that were beyond
the scope of municipal governments to legislate
and enforce; that a provision in one amendment
that would exempt acts of civil disobedience in
support of the amendments would not be
enforceable; that some charter amendment
provisions exceed the limitations on municipal
governments imposed by Ohio Const. Art. XVIII,
§§ 3 and 7; and that courts would find some
provisions unlawful or unenforceable. The Board
of Elections thus improperly conducted
substantive pre-election review of the Charter
Amendment and invoked HB 463 to bar from the
ballot two initiatives which were was ordered by
the Youngstown Mayor and City Council to be
placed on the ballot according to the requirements
of the Ohio Constitution.
STATUTORY AND LEGAL FRAMEWORK
The pathway for the filing and processing of
initiative petitions originating with the Electors of
the City of Youngstown is set by a combination of
the Youngstown City Charter, Ohio Constitution
and Revised Code. Section 120 of the Charter of
the City of Youngstown states, “Amendments to
this Charter shall be submitted to the Electors of
the City of Youngstown in the manner provided by
the Constitution and laws of the State of Ohio.”
To determine the timetable for placement on
the ballot, one must refer to the Ohio Constitution.
Article XVIII, § 9 of the Ohio Constitution states:
Amendments to any charter framed and adopted
as herein provided may be
submitted to the electors of a municipality by a
two-thirds vote of the legislative authority
thereof, and, upon petitions signed by ten per
centum of the electors of the municipality
setting forth any such proposed amendment, shall
be submitted by such legislative
authority. The submission of proposed
amendments to the electors shall be governed by
the requirements of section 8 as to the
submission of the question of choosing a charter
commission; and copies of proposed
amendments may be mailed to the electors as
hereinbefore provided for copies of a proposed
charter, or pursuant to laws passed by the
general assembly, notice of proposed
amendments may be given by newspaper
advertising. If any such amendment is approved
by a majority of the electors voting
thereon, it shall become a part of the charter of
the municipality. A copy of said charter or
any amendment thereto shall be certified to the
secretary of state, within thirty days after
adoption by a referendum vote.
(Emphasis added).
15. The part of Ohio Const. Article XVIII, § 8 that
is cross-referenced in § 9 says:
The ordinance providing for the submission of
such question shall require that it
be submitted to the electors at the next regular
municipal election if one shall occur not
less than sixty nor more than one hundred and
twenty days after its passage; otherwise it
shall provide for the submission of the question at
a special election to be called and held
within the time aforesaid.
16. Because of the Youngstown City Council’s
unanimous passage of the two ordinances
instructing the BOE to place the two Charter
Amendments on the ballot, the Respondents,
members of the BOE, have a constitutional
obligation to do so by or before September 7,
2017,
which is sixty (60) days before the election.
The BOE is constrained to apply and follow
only those parts of the Ohio Revised
Consequently, the technical requirements that
govern the BOE’s processing of
Code which may be applied in a manner
consistent with the Ohio Constitution.
initiative petitions appear in O.R.C. § 3501.38,
which requires petitions to be signed by electors
qualified to vote on the issue. Signatures must be
made in ink; each signer must place on the
petition the signer’s name, date of signing, and
location of voting residence. The petitions must
have, on each paper, the circulators’ indication of
number of signatures and the circulators’
statement that they witnessed the signatures of
qualified signers. The Petition must be submitted
with all part petitions at one time.
19. It is undisputed that these requirements were
properly observed by Relators and that sufficient
numbers of valid signatures were timely submitted
on petition forms which complied with the
requirements of statute.
20. Respecting the handling of the two Charter
Amendment proposals by the BOE, the
part of O.R.C. § 731.28 that applies to the instant
circumstances states:
When a petition is filed with the city auditor or
village clerk, signed by the required number of
electors proposing an ordinance or other
measure, such auditor or clerk shall, after ten
days, transmit a certified copy of the text of the
proposed ordinance or measure to the board of
elections. The auditor or clerk shall transmit the
petition to the board together with the certified
copy of the proposed ordinance or other measure.
The board shall examine all signatures on the
petition to determine the number of electors of the
municipal corporation who signed the petition.
The board shall return the petition to the auditor or
clerk within ten days after receiving it, together
with a statement attesting to the number of such
electors who signed the petition.
21. The BOE discharged its O.R.C. § 731.28
responsibilities. However, the BOE refused to
place the Charter Amendments on the ballot. In
doing so, the BOE engaged in unconstitutional
pre-election review, and applied recent
amendments to the O.R.C. by House Bill 463,
which became law on April 6, 2017. The following
provisions of Ohio state law now purport to
expand the BOE’s role beyond the ministerial
review limitation of O.R.C. § 731.28:
O.R.C.
§ 3501.11 (K)(2) (“Each board of elections . . .
shall do all of the following:”) Examine each
initiative petition . . . received by the board to
determine whether the petition falls within the
scope of authority to enact via initiative and
whether the petition satisfies the statutory
prerequisites to place the issue on the ballot, as
described in division (M) of section 3501.38 of the
Revised Code. The petition shall be invalid if any
portion of the petition is not within the initiative
power.
O.R.C.
§ 3501.38(M)
(1)
Upon receiving an initiative petition . . .
concerning a ballot issue that is to be submitted to
the electors of a . . . municipal political
subdivision, the board of elections shall examine
the petition to determine: (a) Whether the petition
falls within the scope of a municipal political
subdivision's authority to enact via initiative,
including, if applicable, the limitations placed by
Sections 3 and 7 of Article XVIII of the Ohio
Constitution on the authority of municipal
corporations to adopt local police, sanitary, and
other similar regulations as are not in conflict with
general laws, and whether the petition satisfies
the statutory prerequisites to place the issue on
the ballot. The petition shall be invalid if any
portion of the petition is not within the initiative
power; . . . .
(2)
After making a determination under division (M)
(1)(a) or (b) of this section, the board of elections
shall promptly transmit a copy of the petition and
a notice of the board's determination to the office
of the secretary of state. Notice of the board's
determination shall be given to the petitioners and
the political subdivision.
O.R.C. § 3501.39 (A)(3)
(A)
The secretary of state or a board of elections
shall accept any petition described in section
3501.38 of the Revised Code unless one of the
following occurs:. . . .
(3)
In the case of an initiative petition received by
the board of elections, the petition falls outside the
scope of authority to enact via initiative or does
not satisfy the statutory prerequisites to place the
issue on the ballot, as described in division (M) of
section 3501.38 of the Revised Code. The petition
shall be invalid if any portion of the petition is not
within the initiative power.
22. Respondents, members of the BOE, are
barred by relevant constitutional principles
from peremptorily “invalidating” the Charter
Amendment Petition on the ground of the
Petition’s
substantive content. Since the Petitions conform
to the structural requirements of constitution
and statute, with the requisite numbers of eligible
electors as signatories, they must be put to a
formal public vote at the November 7, 2017
general election. Respondents’ refusals to place
the
Charter Amendments on the ballot were
unconstitutional, arbitrary, illegal, and an abuse of
their
legal authority.
23. Moreover, to the extent the Respondents
members of the BOE relied on their
purported power to invalidate the Charter
Amendment Petitions based upon statutory
changes passed by the Ohio General Assembly in
House Bill 463, the invocation of those powers by
the BOE is unconstitutional because H.B. 463
violates the constitutional “single-subject” rule.
FIRST CAUSE OF ACTION
(Elections Officials May Not Determine
Substantive Legality
or Constitutionality of Charter Proposals)
Relators incorporate by reference as though
fully rewritten herein the contents of the foregoing
paragraphs 1 through 23.
The Mahoning County BOE is not
constitutionally authorized to decide what the law
is, and whether the proposed Youngstown Charter
Amendments conform to an interpretation by the
BOE. The BOE is limited to reviewing the
sufficiency of the Petition and signature validity.
The BOE’s veto of the Charter Amendment
proposal exceeded any powers granted it by Ohio
Const. XVIII, §§ 8 and 9, O.R.C. § 731.28 and the
Supreme Court ruling in State ex rel. Walker v.
Husted, 144 Ohio St.3d 361, 2015-Ohio-3749
(2015). The authority to determine whether a
ballot measure falls within the scope of the
constitutional power of initiative does not permit
election officials to sit as arbiters of the legality or
constitutionality of a ballot measure's substantive
terms. Walker, 2015-Ohio-3749, ¶ 15.
Respondents have improperly refused and
neglected to place the proposed Charter
Amendments onto the ballot for the election on
November 7, 2017, based on Respondents'
preelection opinions of the legality or
constitutionality of the proposal. Relators are
entitled to a writ of mandamus from the Court
ordering Respondents, members of the BOE, to
place the Charter Amendment proposals (Exhibits
A and B) on the ballot.
SECOND CAUSE OF ACTION
((HB 463 infringes upon sundry constitutional
rights of Relators)
28. Relators incorporate by reference as though
fully rewritten herein the contents of the foregoing
paragraphs 1 through 27.
29. As amended by HB 463, O.R.C. § 3501.38(M)
(1) requires the BOE to decide “[w]hether the
petition falls within the scope of a municipal
political subdivision's authority to enact via
initiative, including, if applicable, the limitations
placed by Sections 3 and 7 of Article XVIII of the
Ohio Constitution. . . .” O.R.C. § 3501.39 (A)(3)
reinforces this power, requiring rejection of an
initiative petition that “falls outside the scope of
authority to enact via initiative or does not satisfy
the statutory prerequisites to place the issue on
the ballot. . . .”
The determination called for by statute requires
that the Respondents members of the BOE
pronounce and then enforce their personal
opinions of the constitutionality of a proposed
initiative. This is impermissible, both because it is
arbitrary and likely to be content-based, and
further because it gives an Executive Branch
agency (the BOE) a potential pre-election veto
over any initiative with which the government
disagrees.
Respondents members of the BOE, by their
rejection of the Charter Amendments from the
ballot, have deprived Relators of their
constitutional right under Ohio Const. Art. I, § 2 to
change their form of government via initiative
petition. This rejection of the Charter Amendment
proposals from the ballot also violates Relators’
rights under Art. I, § 2 by depriving Relators of
their right to legislate via initiative petition.
Respondents, acting as an Executive Branch
agency, have exercised quasi-judicial powers
which are reserved for exercise by the Judicial
Branch of Ohio government. Under provisions of
HB 463, the BOE members have been designated
by the Ohio General Assembly to sit as law
judges over initiative proposals. O.R.C. § 3501.39
as amended by HB 463 contains a constitutionally
vague, undefined “standard” for Respondents to
enforce, namely, whether “the
petition falls outside the scope of authority to
enact via initiative.” Respondents refused to put
the Charter Amendment petitions on the ballot
because in their opinions, they fall outside the
scope of valid initiative enactments.
“[T]he issue of constitutionality can never be
administratively determined.” Mobil Oil Corp. v.
Rocky River, 38 Ohio St.2d 23, 26, 309 N.E.2d
900, 902 (1974). H.B. 463 unconstitutionally
infringes on the powers of the Judicial Branch as
the sole determinant of the constitutionality and
legality of municipal initiatives by authorizing
boards of election in the Executive Branch to
make precisely these types of rulings.
THIRD CAUSE OF ACTION
(HB 463 Amendments Deny Relators’ Right to
Due Course of Law)
Relators incorporate by reference as though
fully rewritten herein the contents of the foregoing
paragraphs 1 through 32.
By invoking and applying the powers extended
to boards of election by HB 463, Respondents
have unconstitutionally deprived Relators of post-
election access to the courts of Ohio and to the
right to due course of law as guaranteed by Ohio
Const. Art. I, § 16. The due course of law requires
that interpreting courts presume the legality and
constitutionality of legislation. Due course of law
further requires courts, post-election when dealing
with live controversies and not mere advisory
opinions, to preserve enacted laws to the
maximum extent by presuming lawfulness and
constitutionality. Courts further are obligated to
follow the doctrine of severability to preserve as
much of an enacted law as possible.
O.R.C. § 3501.39 (A)(3), as amended by HB
463, imposes not only a pre-election
determination procedure which substitutes boards
of election for courts and requires them to
speculate about an initiative’s likely
constitutionality and legality, but the new statute
further
requires that “The petition shall be invalid if any
portion of the petition is not within the initiative
power.”
35. The effect of assigning boards of election
these pre-election responsibilities and powers
denies Relators of due course of law by depriving
them of the benefit of judicial presumptions of
legality and constitutionality and, where
necessary, severability to preserve lawful and
constitutional enactments.
FOURTH CAUSE OF ACTION (HB 463
Amendments Deny Relators’ Rights of Free
Speech and Association)
Relators incorporate by reference as though
fully rewritten herein the contents of the foregoing
paragraphs 1 through 35.
Respondent members of the BOE, by invoking
and applying the powers extended to them by HB
463, have deprived Relators of their rights of free
speech and association for the purpose of
petitioning their government for redress of
grievances under U.S. Const. First Amendment
and Ohio Const. Art. I, §§ 3 and 11.
FIFTH CAUSE OF ACTION
(H.B. 463 violates the ‘single-subject’ rule)
Relators incorporate by reference as though
fully rewritten herein the contents of the foregoing
paragraphs 1 through 37.
Article II, § 15(D) of the Ohio Constitution
recognizes the one-subject rule applicable to the
legislative process: “No bill shall contain more
than one subject, which shall be clearly expressed
in its title.” (Emphasis added.).
The one-subject rule prevents logrolling, a
practice where two or more unrelated provisions
are included in a single piece of legislation for the
purpose of facilitating the passage
of laws that may otherwise lack majority
support. See State ex rel. Dix v. Celeste, 11 Ohio
St.3d 141, 142, 464 N.E.2d 153 (1984).
Ohio courts require legislation to serve a
“common purpose or relationship” in order to
comply with the one-subject rule. Acts are
unconstitutional where there is “an absence of
common purpose or relationship between specific
topics in an act and when there are no discernible
practical, rational or legitimate reasons for
combining the provisions in one act.” Dix, 11 Ohio
St. 3d at 157 (1984).
The subjects addressed by H.B. 463 lack a
common purpose or relationship. They include:
(1) the powers of the board of county
commissioners concerning the adoption of a
county charter, (2) taxes on real property, (3) the
removal of elected officers, (4) commercial
transactions, (5) health insurance coverage for
autism spectrum disorder, (6) foreclosures, (7)
child abuse prevention councils, (8) duties of the
Board of Elections, and (9) the Civil Rights
Commission.
These topics are so diverse as to defy any
common purpose or relationship as required for
compliance with the one-subject rule.
Consequently, HB 463 violates the Ohio
Constitution’s one-subject rule.
RELATORS ARE ENTITLED TO A WRIT OF
MANDAMUS
The writ of mandamus is an extraordinary
remedy that arose historically to deal with
situations like this, where there is no other avenue
for justice. It is the Court’s duty in such situations
to review the actions of the Respondents boards
of elections to place limits on the exercise of their
discretion to ensure that discretion is not
exercised arbitrarily, or abused. It is further the
Court’s duty, when a governmental official has
refused to undertake a nondiscretion
ary act, to order such act to be undertaken.
In light of the above-cited legal and
constitutional infirmities of the acts undertaken by
Respondents BOE members, Relators requested
the BOE to decline to enforce the revisions
caused by HB 463 to the Charter Amendment
Proposal. (Exhibit F, August 15, 2017 letter). The
BOE proceeded to exclude the Proposals from
the November 7, 2017 ballot. Consequently,
Relators have no adequate remedy at law and
must be allowed to pursue mandamus relief in this
Court.
Relators have been denied their constitutional
and statutory rights to alter their government by
means of initiating their Charter Amendment
Proposal by the arrogation of power, abuse of
discretion, and refusals of Respondents members
of the BOE to place the two Charter Amendment
proposals on the ballot for the November 7, 2017
general election.
The Respondents’ collective refusal to place
the two Charter Amendment proposals on the
ballot was improper, unlawful, an abuse of
discretion and arbitrary, and must be overruled by
this Court.
The acts or omissions of Respondents are ultra
vires insofar as they ignore constitutional and
statutory requirements. Respondents' acts and
omissions must be corrected by a specific
mandate from the Court. The Court must
intervene to vindicate the rights of all of the
Relators and to protect their rights under the Ohio
Constitution to vote on properly-presented
municipal charter amendments.
Relators are entitled to a writ of mandamus to
compel the Respondents members of the
Mahoning County BOE to comply with the
requirements of the Ohio Constitution and
statutes and to place the two Charter Amendment
proposals on the ballot for the November 7,
2017 general election.
REQUEST FOR EXPEDITED REVIEW
50. Due to the proximity of the election, Relators
request an expedited review of this matter,
pursuant to S.C.R.P 12.08. This lawsuit is filed
approximately 61 days prior to the November 7,
2017 general election. Relators have no plain or
adequate remedy at law to correct the unlawful,
unreasonable and/or arbitrary acts and abuses of
discretion committed by the Respondents.
Expedited review is necessary for a timely
decision to allow placement of the Elections and
Water Charter Amendment proposals on the City
of Youngstown ballot in time for the election.
WHEREFORE , Relators pray the Court issue a
peremptory writ of mandamus, or alternatively, an
alternate writ, pursuant to O.R.C. Chapter 2731,
which requires Respondents, members of the
Mahoning County Board of Elections to comply
with the requirements of the Ohio Constitution by
immediately placing the Water and Elections
Charter Amendment proposals on the November
7, 2017 general election ballot for a public vote.
Relators further request that they be awarded
their costs and reasonable attorney fees, and
such other and further relief at law or in equity as
the Court may deem necessary and proper in the
premises.
Respectfully submitted,
/s/ Terry J. Lodge
Terry J. Lodge, Esq. (S.Ct. #0029271) 316 N.
Michigan St., Suite 520 Toledo, OH 43604-5627
Phone 419.205.7084 Fax (440) 965-0708
tjlodge50@yahoo.com Counsel for Relators
Supreme Court Case Announcement for October
6, 2017
CASE ANNOUNCEMENTS
October 6, 2017
[Cite as 10/06/2017 Case Announcements, 2017-
Ohio-8092.]
MOTION AND PROCEDURAL RULINGS
2016-1766. Three Harbor Berea 3035, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2252. On joint
motion to remand to implement settlement. Motion
granted. The cause is remanded to the Board of
Tax Appeals to take further action as appropriate.
Ohio voters can use Judicial Votes
Count, the state’s only nonpartisan,
statewide judicial election
resource, to learn more about
municipal court candidates before
casting their ballots in the
November general election.
A total of 108 municipal court judge
seats will be elected in 52 Ohio
counties this year. Nearly 180
candidates have filed for those
seats.
Judicial Votes Count – at
judicialvotescount.org – presents
profiles of judicial candidates,
including their judicial experience
and why they are running for judge.
Other resources on the website
include videos about the different
types of courts in Ohio and an
explanation of why judges play an
important role in their communities.
“Research shows that voters in Ohio
want information on judicial
candidates,” explained Chief Justice
Maureen O’Connor. “Judicial Votes
Count offers that resource and we
hope candidates will fulfill their
obligation to present their
credentials and that voters,
likewise, will educate themselves on
judicial candidates before they
vote.”
Judicial Votes Count is a
nonpartisan partnership launched in
2015 to better educate Ohioans about
judges and the Ohio court system.
The partnership also seeks to
increase meaningful voter
participation in judicial elections.
The website was created after a 2014
survey by the Ray C. Bliss Institute
of Applied Politics at the
University of Akron found that most
of 1,067 registered Ohio voters
polled said they don’t vote for
judges because they don’t know
enough about the candidates.
Partners in the Judicial Votes Count
project are Ohio Supreme Court Chief
Justice Maureen O’Connor, the Bliss
Institute, the League of Women
Voters of Ohio, the Ohio State Bar
Association, the Ohio News Media
Association, and the Ohio
Association of Broadcasters.
Prior to next year’s primary
election, the Judicial Votes Count
website will list all judicial seats
up for election in the state in
2018, as well as information on
candidates running for courts at all
judicial levels ‒ county court,
common pleas court, district
appellate court, and the Ohio
Supreme Court. Voters in all Ohio
counties will elect judges next
year.
Supreme Court Case Announcement for October
4, 2017
CASE ANNOUNCEMENTS
October 4, 2017
[Cite as 10/04/2017 Case Announcements, 2017-
Ohio-8047.]
MERIT DECISIONS WITH OPINIONS
2012-2026. State v. Thomas , Slip Opinion No.
2017-Ohio-8011.
Lake C.P. No. 11CR 321. Judgment reversed and
cause remanded.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
concur.
French, J., concurs in judgment only.
Fischer, J., dissents, with an opinion joined by
Kennedy and DeWine, JJ.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-067. In re Disqualification of Fleegle, Slip
Opinion No. 2017-Ohio-8041 (decided July 31,
2017).
17-AP-069. In re Disqualification of Schneider
Carter, Slip Opinion No. 2017-Ohio-8042 (decided
July 26, 2017).
Supreme Court Case Announcement for October
3, 2017
CASE ANNOUNCEMENTS
October 3, 2017
[Cite as 10/03/2017 Case Announcements, 2017-
Ohio-8040.]
MEDIATION MATTERS
2017-0544. Daher v. DeWine. In Mandamus and
Prohibition. Case returned to the regular docket
under S.Ct.Prac.R. 19.01. Respondents shall file
a response to the complaint within 21 days.
2017-0637. State ex rel. Sheets v. Indus. Comm.
Franklin App. No. 16AP-22, 2017-Ohio-1169.
Case returned to the regular docket under
S.Ct.Prac.R. 19.01. Appellant shall file a brief
within 40 days and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07. As provided in S.Ct.Prac.R. 16.07,
the court may dismiss the case or take other
action if the parties fail to timely file merit briefs.
2017-1295. State ex rel. Ames v. Reinbold. In
Procedendo. Case referred to mediation under
S.Ct.Prac.R. 19.01.
Supreme Court Case Announcement for October
2, 2017
CASE ANNOUNCEMENTS
October 2, 2017
[Cite as 10/02/2017 Case Announcements, 2017-
Ohio-7992.]
MOTION AND PROCEDURAL RULINGS
2017-0007. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2016-164 and 2016-
175. On agreed motion to remand to implement
settlement. Motion granted. The cause is
remanded to the Board of Tax Appeals to take
further actions as appropriate.
DISCIPLINARY CASES
2017-1232. Disciplinary Counsel v. Brown. On
certification of default. Pursuant to Gov.Bar R.
V(14)(B)(1), an interim default suspension is
immediately entered against Thomas Christopher
Brown, Attorney Registration No. 0024054, last
known business address in Geneva, Ohio.
2017-1364. In re Chuparkoff.
Pursuant to Gov.Bar R. V(18)(A)(4), Mark Andrew
Chuparkoff, Attorney Registration No. 0071982,
last known business address in Akron, Ohio, is
suspended from the practice of law for an interim
period.
Supreme Court Case Announcement for
September 29, 2017
CASE ANNOUNCEMENTS
September 29, 2017
[Cite as 09/29/2017 Case Announcements, 2017-
Ohio-7893.]
MOTION AND PROCEDURAL RULINGS
2017-0413. State ex rel. Silver v. Pub. Emps.
Retirement Sys.
Franklin App. No. 15AP-864, 2017-Ohio-445. On
joint motion to remand. Motion granted.
DISCIPLINARY CASES
2017-1315. Disciplinary Counsel v. Deters.
On motion for immediate interim remedial
suspension. Pursuant to Gov.Bar R. V(19)(B), an
interim remedial suspension is immediately
entered against Mark Alan Deters, Attorney
Registration No. 0085094, last known business
address in Bellbrook, Ohio.
MEDIATION MATTERS
2017-0690. State ex rel. Byington Builders, Ltd. v.
Indus. Comm.
Franklin App. No. 15AP-407, 2017-Ohio-2623.
This case is returned to the regular docket under
S.Ct.Prac.R. 19.01. Appellant shall file a brief
within 40 days, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07.
CASE ANNOUNCEMENTS
September 28, 2017
[Cite as 09/28/2017 Case Announcements, 2017-
Ohio-7866.]
MERIT DECISIONS WITH OPINIONS
2015-1975. Ferguson v. State , Slip Opinion No.
2017-Ohio-7844.
Cuyahoga App. No. 102553, 2015-Ohio-4499.
Judgment reversed.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Connor, C.J., and O’Donnell, J., concur in
judgment only.
2016-0049. State v. Moore , Slip Opinion No.
2017-Ohio-7851.
Muskingum App. No. CT2015-0027, 2015-Ohio-
3435. Judgment affirmed.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
Kennedy, French, and DeWine, JJ., concur in
judgment only.
2016-0213. State v. Kepler , Slip Opinion No.
2017-Ohio-7857.
Muskingum App. No. CT2015-0021, 2015-Ohio-
3291. Judgment reversed.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
Kennedy, French, and DeWine, JJ., concur in
judgment only.
2016-0570. State v. Schroeder , Slip Opinion No.
2017-Ohio-7858.
Lucas App. No. L-14-1228, 2016-Ohio-849.
Judgment reversed.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
French, J., concurs in judgment only.
Kennedy, J., dissents and would affirm the
judgment of the court of appeals.
DeWine, J., dissents and would affirm the
judgment of the court of appeals for the reasons
stated in his concurring opinion in State v. Grimes,
__ Ohio St.3d __, 2017-Ohio-2927, __ N.E.3d __.
2016-0675. State v. Lonero , Slip Opinion No.
2017-Ohio-7859.
Lucas App. No. L-14-1229, 2016-Ohio-1113.
Judgment reversed.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
French, J., concurs in judgment only.
Kennedy, J., dissents and would affirm the
judgment of the court of appeals.
DeWine, J., dissents and would affirm the
judgment of the court of appeals for the reasons
stated in his concurring opinion in State v. Grimes,
__ Ohio St.3d __, 2017-Ohio-2927, __ N.E.3d __.
2017-0032. State v. Stevens , Slip Opinion No.
2017-Ohio-7863.
Muskingum App. No. CT2016-0055, 2016-Ohio-
8568. Judgment reversed.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
Kennedy, French, and DeWine, JJ., concur in
judgment only.
MOTION AND PROCEDURAL RULINGS
2016-1891. State v. Martin.
Summit App. No. 27789, 2016-Ohio-7764. On
motions for admission pro hac vice of Ashley E.
Goff, Peter Mazza, Kate Mogulescu, and Cynthia
Godsoe. Motions granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice of permission
with the Supreme Court’s Office of Attorney
Services within 30 days.
DISCIPLINARY CASES
2014-0136. Lorain Cty. Bar Assn. v. Johnson.
Sua sponte, Robert Lawrence Johnson, Attorney
Registration No. 0042439, last known business
address in McDonald, Ohio, is found in contempt
for failure to comply with this court’s order of July
20, 2017.
2014-1403. Trumbull Cty. Bar Assn. v. Johnson.
Sua sponte, Robert Lawrence Johnson, Attorney
Registration No. 0042439, last known business
address in McDonald, Ohio, is found in contempt
for failure to comply with this court’s order of July
20, 2017.
MISCELLANEOUS DISMISSALS
2017-1316. State ex rel. Grayem v. Bd. of Building
Appeals.
In Prohibition. On relator’s application for
dismissal. Application granted. Cause dismissed.
CASE ANNOUNCEMENTS
September 27, 2017
[Cite as 09/27/2017 Case Announcements, 2017-
Ohio-7843.]
MERIT DECISIONS WITH OPINIONS
2016-0315. State v. Lee , Slip Opinion No. 2017-
Ohio-7826.
Franklin App. No. 14AP-1009, 2016-Ohio-122.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
2016-1270. State v. Belton , Slip Opinion No.
2017-Ohio-7827.
Hamilton App. No. C-150358. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and DeWine, JJ., concur.
O’Neill, J., dissents.
Fischer, J., not participating.
2016-1395. State v. Dye , Slip Opinion No. 2017-
Ohio-7823.
Fairfield App. No. 15-CA-65, 2016-Ohio-5065.
Judgment reversed.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only.
2016-1730. State ex rel. Ramirez-Ortiz v. Twelfth
Dist. Court of Appeals , Slip Opinion No. 2017-
Ohio-7816.
In Prohibition. Motion to dismiss denied, motion
for leave granted, and writ granted.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents.
2016-1841. State ex rel. Stith v. Dept. of Rehab. &
Corr. , Slip Opinion No. 2017-Ohio-7824.
Franklin App. No. 15AP-1079, 2016-Ohio-7867.
Motion denied and judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2017-0895. In re Complaint for a Writ of Habeas
Corpus for Collins v. Jenkins.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0947. State ex rel. Curley v. Ninth Dist.
Court of Appeals.
Miscellaneous case. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0951. Lopez v. Jones.
In Procedendo. On motion for judgment on the
pleadings. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents and would grant a peremptory
writ.
2017-0955. State ex rel. Davidek v. Franklin Cty.
Court of Common Pleas.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On motion to add
addendum. Motion denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0970. State ex rel. Johnson v. Kral.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0971. State ex rel. Young v. Turner.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2012-0902. State v. Belton.
Lucas App. No. CR0200802934000. On
appellant’s application for reopening pursuant to
S.Ct.Prac.R. 11.06. Application denied.
2012-1212. State v. Montgomery.
Franklin App. No. 10-CR-7125. On appellant’s
application for reopening pursuant to S.Ct.Prac.R.
11.06. Application denied.
O’Neill, J., dissents.
2017-0882. State v. Kahn.
Cuyahoga App. No. 104360, 2017-Ohio-4067. On
review of an order certifying a conflict. It is
determined that no conflict exists. Cause
dismissed.
O’Neill, J., not participating.
2017-1028. State v. Lewis.
Summit App. No. 28064, 2017-Ohio-2747. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
O’Connor, C.J., not participating.
2017-1033. State v. Jackson.
Summit App. No. 28192, 2017-Ohio-635. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2017-1040. State v. Taylor.
Hamilton App. No. C-160468. On motion for leave
to file delayed appeal. Motion denied.
DeWine, J., dissents.
Fischer, J., not participating.
2017-1050. State v. Greenlee.
Montgomery App. No. 27039, 2017-Ohio-849. On
request for emergency stay. Request denied.
2017-1070. State v. White.
Summit App. No. 27683, 2016-Ohio-4829. On
motion for leave to file delayed appeal. Motion
denied.
Fischer, J., dissents.
O’Connor, C.J., not participating.
2017-1076. State v. Jenkins.
Greene App. No. 2016-CA-10, 2017-Ohio-693.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-1101. State v. West.
Muskingum App. No. CT2015-0050, 2016-Ohio-
5032. On motion for leave to file delayed appeal.
Motion denied.
2017-1110. State v. Lennon.
Cuyahoga App. No. 104344, 2017-Ohio-2753. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill and DeWine, JJ., dissent.
2017-1119. Specialty Executives, Inc. v. KDH
Defense Sys., Inc.
Morrow App. No. 16CA0012, 2017-Ohio-4399. On
motion to stay. Motion granted. Execution of
judgment and disbursement of bond are stayed
pending the court’s disposition of this appeal.
O’Connor, C.J., and French and DeWine, JJ.,
dissent.
2017-1122. State v. Gordon.
Summit App. No. 28191, 2017-Ohio-5796. On
review of an order certifying a conflict. The court
determines that a conflict exists. The parties are
ordered to brief the issue stated at page 1 of the
court of appeals’ entry filed August 8, 2017:
“Whether the post-release control notification of
R.C. 2929.19(B)(2)(e) must include notification of
the penalty provisions in R.C. 2929.141(A)(1)-(2),
specifically, whether a trial court must inform an
offender at the time of sentencing that the
commission of a felony during a period of post-
release control permits a trial court to impose a
new prison term for the violation to be served
consecutively with any prison term for the new
felony.”
The conflict case is State v. Johnson, 5th Dist.
Muskingum No. CT2016-0035, 2016-Ohio-7931.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
court of appeals for Summit County.
2017-1125. State v. Mack.
Medina App. No. 14CA0112-M, 2016-Ohio-982.
On motion for leave to file delayed appeal. Motion
denied.
2017-1212. State v. Rigel.
Clark App. No. 2016-CA-50, 2017-Ohio-6906. On
motion for stay. Motion denied.
O’Neill, J., dissents.
APPEALS ACCEPTED FOR REVIEW
2017-0098. Natl. Collegiate Athletic Assn. v.
Schmitz.
Cuyahoga App. No. 103525, 2016-Ohio-8041.
O’Connor, C.J., and Kennedy and DeWine, JJ.,
dissent.
2017-0102. Bur. of Workers’ Comp. v. Verlinger.
Summit App. No. 27763, 2016-Ohio-8029.
O’Neill, J., dissents.
2017-0179. Cirino v. Bur. of Worker’s Comp.
Cuyahoga App. No. 104102, 2016-Ohio-8323.
Cause accepted on proposition of law No. I.
O’Donnell and Kennedy, JJ., would accept the
cause on all propositions of law.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2017-0186. State v. Dunson.
Montgomery App. No. 26990, 2016-Ohio-8365.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
dissent.
2017-0191. In re B.O.
Huron App. No. H-16-022, 2017-Ohio-43. Cause
accepted and held for decision in 2016-0907, In re
D.S., and briefing schedule stayed.
Kennedy, Fischer, and DeWine, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1657. State v. Allen.
Cuyahoga App. No. 103492, 2016-Ohio-7045.
Fischer, J., dissents and would accept the cause
on proposition of law No. III.
2017-0094. Van Wert v. Akron Metro. Regional
Transit Auth.
Stark App. No. 2016CA00052, 2016-Ohio-8072.
O’Neill, J., dissents.
2017-0100. State v. Dye.
Cuyahoga App. No. 103907, 2016-Ohio-8044.
2017-0105. Groves v. Ihsanullah.
Cuyahoga App. No. 103404, 2016-Ohio-7703.
Discretionary appeal of Marymount Hospital and
discretionary appeal of Sahibzadah A. Ihsanullah
not accepted.
O’Donnell, J., dissents and would accept the
discretionary appeal of Marymount Hospital.
2017-0106. Georgetown of the Highlands v.
Cleveland Div. of Water.
Cuyahoga App. No. 102685, 2016-Ohio-8039.
2017-0110. State v. James.
Cuyahoga App. Nos. 104169 and 104006, 2016-
Ohio-7889.
2017-0119. Reel v. Reel.
Trumbull App. No. 2016-T-0038, 2016-Ohio-8116.
2017-0135. State v. Liles.
Allen App. No. 1-16-33, 2017-Ohio-240.
Fischer, J., dissents and would accept the cause
on proposition of law No. I.
O’Neill, J., dissents.
2017-0142. State v. Bender.
Ashland App. No. 16-COA-004, 2016-Ohio-8178.
2017-0147. Hendrickson v. Grider.
Ross App. No. 16CA3537, 2016-Ohio-8474.
2017-0148. R&R Family Invests., L.L.C. v. Plastic
Moldings Corp.
Hamilton App. No. C-160382, 2016-Ohio-8125.
Fischer and DeWine, JJ., not participating.
2017-0153. Literal v. Dept. of Rehab. & Corr.
Franklin App. No. 16AP-242, 2016-Ohio-8536.
2017-0155. State v. Arcuri.
Trumbull App. No. 2015-T-0123, 2016-Ohio-8254.
2017-0156. In re D.C.
Harrison App. No. 15 HA 0006, 2016-Ohio-8550.
2017-0166. State v. Price.
Mahoning App. No. 2015 MA 206, 2016-Ohio-
8417.
O’Neill, J., dissents and would accept the appeal
on proposition of law No. II.
2017-0171. Arpin v. Consol. Rail Co.
Cuyahoga App. No. 104279, 2016-Ohio-8313.
O’Donnell, Fischer, and DeWine, JJ., dissent.
2017-0174. Maxwell v. Columbus Maennerchor.
Franklin App. No. 16AP 41, 2016-Ohio-7133.
2017-0175. State v. Bohanan.
Franklin App. No. 15AP-1026, 2016-Ohio-8340.
2017-0176. Rudd v. Ohio State Hwy. Patrol.
Franklin App. No. 15AP-869, 2016-Ohio-8263.
2017-0178. Deems v. Minute Men Inc.
Hamilton App. No. C-160296, 2016-Ohio-8259.
O’Neill, J., dissents.
Fischer and DeWine, JJ., not participating.
2017-0180. State v. Johnson.
Summit App. No. 27813, 2016-Ohio-8286.
2017-0184. Wright State Physicians, Inc. v.
Doctors Co.
Montgomery App. No. 27084, 2016-Ohio-8367.
2017-0192. US Bank Natl. Assn. v. Clarke.
Franklin App. No. 15AP-880, 2016-Ohio-8435.
2017-0201. Hornyak v. Res. Alloys, L.L.C.
Cuyahoga App. No. 104302, 2016-Ohio-8489.
Kennedy and DeWine, JJ., dissent.
2017-0202. In re D.W.
Franklin App. No. 16AP-179, 2016-Ohio-8535.
2017-0206. State v. Emerson.
Darke App. Nos. 2015-CA-24 and 2016-CA-1,
2016-Ohio-8509.
2017-0207. Sed v. Mundy.
Portage App. No. 2016-P-0019, 2016-Ohio-8431.
O’Neill, J., not participating.
2017-0208. State v. Kuck.
Darke App. No. 2015-CA-13, 2016-Ohio-8512.
Fischer, J., dissents and would accept the cause
on proposition of law No. I.
O’Neill, J., dissents.
2017-0212. Russell v. Austintown Twp. Zoning
Inspector.
Mahoning App. No. 14 MA 0182, 2016-Ohio-8547.
O’Donnell and Fischer, JJ., dissent.
2017-0213. Fannie Mae v. Hicks.
Cuyahoga App. No. 103804, 2016-Ohio-8484.
2017-0261. Rolsen v. Walgreen Co.
Cuyahoga App. No. 104431, 2016-Ohio-8304.
2017-0269. Khatib v. Peters.
Cuyahoga App. No. 104318, 2017-Ohio-95.
2017-0309. State v. Knight.
Butler App. No. CA2016-02-028, 2016-Ohio-7991.
2017-0646. State v. Norfleet.
Coshocton App. No. 2016CA0011, 2017-Ohio-
1189.
2017-0660. State v. Carter.
Hamilton App. No. C-150625, 2017-Ohio-1328.
Fischer, J., not participating.
2017-0669. State v. Fikes.
Hamilton App. No. C-160557.
Fischer, J., not participating.
2017-0682. State v. Gibson.
Noble App. No. 16 NO 0431, 2017-Ohio-1266.
2017-0689. State v. Bevins.
Hamilton App. No. C-040052.
2017-0694. State v. Tabler.
Muskingum App. No. CT2017-0012, 2017-Ohio-
2617.
2017-0705. State v. Lusane.
Portage App. No. 2016-P-0036, 2017-Ohio-1513.
2017-0706. State v. Buchanan.
Cuyahoga App. No. 104500, 2017-Ohio-1361.
O’Neill, J., dissents.
2017-0713. Woods Cove III, L.L.C. v. Aloha Spy.
Cuyahoga App. No. 105599. Appellant’s motion
for leave to proceed denied as moot.
2017-0722. State v. Tribune.
Warren App. No. CA2016-04-027, 2017-Ohio-
1407.
2017-0725. State v. Jewett.
Scioto App. No. 15CA3714, 2017-Ohio-2891.
2017-0726. State v. Stephens.
Hamilton App. No. C-150622.
Fischer, J., not participating.
2017-0731. Clellan v. Lancione.
Franklin App. No. 16AP-677, 2017-Ohio-1460.
2017-0733. State v. Stepp.
Butler App. No. CA2016-12-232.
2017-0735. McLaughlin v. Dept. of Job & Family
Servs.
Franklin App. No. 16AP-879.
2017-0744. State v. Hicks.
Columbiana App. No. 17 CO 0007.
2017-0751. Jones v. Mohler.
Montgomery App. No. 27105, 2017-Ohio-2683.
2017-0754. Satterwhite v. Frisch’s Restaurant,
Inc.
Hamilton App. No. C-160506.
Fischer, J., not participating.
2017-0756. State v. Reynolds.
Lucas App. No. L-16-1021, 2017-Ohio-1478.
2017-0761. State v. Walker.
Hamilton App. No. C-150620.
Fischer, J., not participating.
2017-0762. State v. Moss.
Ashtabula App. No. 2016-A-0047, 2017-Ohio-
1507.
2017-0767. State v. Russell.
Franklin App. No. 16AP-542, 2017-Ohio-2871.
Appellant’s motion to take judicial notice denied
as moot.
2017-0769. State v. Gamble.
Franklin App. No. 16AP-397, 2017-Ohio-1527.
2017-0773. State v. Patterson.
Cuyahoga App. No. 105109, 2017-Ohio-2664.
2017-0777. Breen v. Total Quality Logistics.
Franklin App. No. 16AP-3, 2017-Ohio-439.
2017-0785. State v. Palmer.
Summit App. No. 28303, 2017-Ohio-2639.
2017-0809. State v. Robinson.
Franklin App. No. 16AP-887, 2017-Ohio-2773.
2017-0820. State v. Alston.
Lorain App. No. 16CA010945, 2017-Ohio-2701.
2017-0834. State v. Nicholson.
Stark App. No. 2016 CA 00210, 2017-Ohio-2825.
2017-0836. State v. Bryant.
Butler App. No. CA2016-10-200.
2017-0844. State v. Morris.
Summit App. No. 28124, 2017-Ohio-280.
2017-0846. State v. Gerald.
Summit App. No. 28603.
2017-0864. State v. Stairhime.
Defiance App. No. 4-13-06.
2017-0964. State v. Kahn.
Cuyahoga App. No. 104360, 2017-Ohio-4067.
Kennedy and French, JJ., dissent.
O’Neill, J., not participating.
2017-1120. In re Adoption of A.W.P.
Lorain App. No. 16CA011037, 2017-Ohio-5479.
O’Neill, J., dissents.
2017-1179. In re Adoption of M.S.A.
Mercer App. No. 10-17-01, 2017-Ohio-5771.
Kennedy, J., not participating.
RECONSIDERATION OF PRIOR DECISIONS
2014-0328. In re Application of Duke Energy
Ohio, Inc.
Public Utilities Commission, Nos. 12-1685-GA-
AIR, 12-1686-GA-ATA, 12-1687-GA-ALT, and 12-
1688-GA-AAM. Reported at __ Ohio St.3d __,
2017-Ohio-5536, __ N.E.3d __. On motion for
reconsideration. Motion denied.
O’Donnell and Kennedy, JJ., dissent.
2016-1802. BankUnited v. Klug.
Lorain App. No. 16CA010923, 2016-Ohio-5769.
Reported at 150 Ohio St.3d 1408, 2017-Ohio-
6964, 78 N.E.3d 908. On motion for
reconsideration. Motion denied.
2016-1883. Chase Home Fin., L.L.C. v. Gau.
Ashtabula App. No. 2015-A-0048, 2016-Ohio-
7646. Reported at 150 Ohio St.3d 1409, 2017-
Ohio-6964, 78 N.E.3d 909. On motion for
reconsideration. Motion denied.
2017-0479. JPMorgan Chase Bank, N.A. v.
Liggins.
Franklin App. No. 15AP-242, 2016-Ohio-3528.
Reported at 150 Ohio St.3d 1410, 2017-Ohio-
6964, 78 N.E.3d 910. On motion for
reconsideration. Motion denied. French, J., not
participating.
2017-0626. State ex rel. Hillman v. Franklin Cty.
Appellate Court Judges.
In Prohibition. Reported at 150 Ohio St.3d 1404,
2017-Ohio-6964, 78 N.E.3d 906. On motion for
reconsideration. Motion denied. On motions to
supplement, for judicial notice, to reinstate, and to
supplement pursuant to Civ.R. 15(E). Motions
denied as moot.
########################################
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CASE ANNOUNCEMENTS
September 27, 2017
[Cite as 09/27/2017 Case Announcements #2,
2017-Ohio-7867.]
MOTION AND PROCEDURAL RULINGS
2017-1341. First Natl. Community Bank v.
Garretson Firm Resolution Group. Hamilton App.
No. C-160745, 2017-Ohio-7582. On appellant’s
emergency motion for stay. Motion denied.
O’Connor, C.J., and French, O’Neill, and DeWine,
JJ., concur.
O’Donnell, J., dissents and would grant the
motion for stay upon a $5,233,841.79 bond
posted in this court.
Kennedy and Fischer, JJ., not participating.
APPEALS NOT ACCEPTED FOR REVIEW
2017-0827. Elliot-Thomas v. Smith. Trumbull App.
No. 2015-T-0007, 2017-Ohio-702. Appellee’s
motion to dismiss denied.
O’Donnell, Fischer, and DeWine, JJ., dissent and
would accept the cause and consolidate it with
2017-0693, Elliot-Thomas v. Smith.
Supreme Court Case Announcement for
September 26, 2017
CASE ANNOUNCEMENTS
September 26, 2017
[Cite as 09/26/2017 Case Announcements, 2017-
Ohio-7818.]
MERIT DECISIONS WITH OPINIONS
2015-0341. Breeze, Inc. v. Testa , Slip Opinion
No. 2017-Ohio-7801.
Board of Tax Appeals, No. 2012-2216. Decision
vacated and cause remanded.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
French, J., concurs in judgment only.
O’Connor, C.J., dissents, with an opinion joined
by O’Neill, J.
2015-0342. 2350 Morse, L.L.C. v. Testa , Slip
Opinion No. 2017-Ohio-7800.
Board of Tax Appeals, Nos. 2012-1934 and 2012-
2214. Decision reversed.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., concurs in judgment only, with an
opinion.
French, J., concurs in judgment only.
O’Neill, J., dissents, with an opinion.
2016-0778. MacDonald v. Cleveland Income Tax
Bd. of Rev. , Slip Opinion No. 2017-Ohio-7798.
Board of Tax Appeals, No. 2009-1130. Decision
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1514. State ex rel. Hughes v. Cuyahoga Cty.
, Slip Opinion No. 2017-Ohio-7780.
Cuyahoga App. No. 104478, 2016-Ohio-5936.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MISCELLANEOUS DISMISSALS
2017-0996. In re Branch v. Pitts.
Cuyahoga App. No. 105400. Appellants have not
filed a merit brief, due September 20, 2017, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore have failed
to prosecute this cause with the requisite
diligence. Cause dismissed.
Supreme Court Second Case Announcement for
September 25, 2017
CASE ANNOUNCEMENTS
September 25, 2017
[Cite as 09/25/2017 Case Announcements #2,
2017-Ohio-7817.]
MOTION AND PROCEDURAL RULINGS
2017-1341. First Natl. Community Bank v.
Garretson Firm Resolution Group.
Hamilton App. No. C-160745, 2017-Ohio-7582.
Appellees shall file a response, if any, to
appellant’s emergency motion for stay pending
appeal and motion for expedited review no later
than 4:00 p.m. on Tuesday, September 26, 2017.
Supreme Court Case Announcement for
September 25, 2017
CASE ANNOUNCEMENTS
September 25, 2017
[Cite as 09/25/2017 Case Announcements, 2017-
Ohio-7779.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF SEPTEMBER 25,
2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the September 25, 2017
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2009-1541. Mahoning Cty. Bar Assn. v. Theisler ,
150 Ohio St.3d 1264, 2017-Ohio-4204.
2015-0384 and 2015-0385. State v. Gonzales ,
150 Ohio St.3d 261, 2016-Ohio-8319.
2015-0384 and 2015-0385. State v. Gonzales ,
150 Ohio St.3d 276, 2017-Ohio-777.
2015-1756. McGowan v. Medpace, Inc. , 150 Ohio
St.3d 296, 2017-Ohio-1340.
2015-1993. Clendenin v. Girl Scouts of W. Ohio ,
150 Ohio St.3d 300, 2017-Ohio-2830.
2015-2032. Foley v. Univ. of Dayton , 150 Ohio
St.3d 252, 2016-Ohio-7591.
2015-2053. Disciplinary Counsel v. Alo , 150 Ohio
St.3d 306, 2017-Ohio-4270.
2016-0723. State ex rel. Allen Cty. Children Servs.
Bd. v. Mercer Cty. Court of Common Pleas,
Probate Div. , 150 Ohio St.3d 230, 2016-Ohio-
7382.
2016-0921. State ex rel. Burroughs v. Ohio Hwy.
Patrol Retirement Sys. Bd. , 150 Ohio St.3d 326,
2017-Ohio-6923.
2016-1056. State ex rel. Sands v. Bunting , 150
Ohio St.3d 325, 2017-Ohio-5697.
2016-1240. In re Application of Callam , 150 Ohio
St.3d 311, 2017-Ohio-4361.
2016-1495. Cleveland Metro. Bar Assn. v. Heben ,
150 Ohio St.3d 335, 2017-Ohio-6965.
2016-1820. Columbus Bar Assn. v. Lindner , 150
Ohio St.3d 317, 2017-Ohio-4362.
2017-0221. Columbus Bar Assn. v. Kluesener ,
150 Ohio St.3d 322, 2017-Ohio-4417.
2017-0359. Disciplinary Counsel v. Lech , 150
Ohio St.3d 1263, 2017-Ohio-4131.
2017-0667. Cleveland Metro. Bar Assn. v.
Butscher , 150 Ohio St.3d 1265, 2017-Ohio-4314.
2017-0803. Mahoning Cty. Bar Assn. v. DiMartino
, 150 Ohio St.3d 1268, 2017-Ohio-5785.
Supreme Court Case Announcement for
September 22, 2017
CASE ANNOUNCEMENTS
September 22, 2017
[Cite as 09/22/2017 Case Announcements, 2017-
Ohio-7742.]
MOTION AND PROCEDURAL RULINGS
1988-1074. State v. Hutton.
Cuyahoga App. No. 51704. On appellant/cross-
appellee’s motion to set an execution date. Motion
granted. Percy Hutton’s sentence shall be carried
into execution by the warden of the Southern Ohio
Correctional Facility, or in his absence, by the
deputy warden, on Wednesday, June 22, 2022, in
accordance with the statutes so provided.
O’Neill, J., dissents for the reasons set forth in his
dissenting opinion in State v. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.
1994-0010. State v. Carter.
Hamilton App. No. C920604. On appellee’s
motion to set an execution date. Motion granted.
Cedric Carter’s sentence shall be carried into
execution by the warden of the Southern Ohio
Correctional Facility, or in his absence, by the
deputy warden, on Wednesday, August 24, 2022,
in accordance with the statutes so provided.
O’Neill, J., dissents for the reasons set forth in his
dissenting opinion in State v. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.
2000-1540. State v. Hutton.
Cuyahoga App. No. 51704. On appellee’s motion
to set an execution date. Motion granted. Percy
Hutton’s sentence shall be carried into execution
by the warden of the Southern Ohio Correctional
Facility, or in his absence, by the deputy warden,
on Wednesday, June 22, 2022, in accordance
with the statutes so provided.
O’Neill, J., dissents for the reasons set forth in his
dissenting opinion in State v. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.
DISCIPLINARY CASES
2017-0803. Mahoning Cty. Bar. Assn. v.
DiMartino.
Sua sponte, Dennis Armand DiMartino, Attorney
Registration No. 0039270, last known business
address in Youngstown, Ohio, is found in
contempt for failure to file an affidavit of
compliance on or before August 11, 2017.
2017-0881. In re Scudder.
Sua sponte, Steven C. Scudder, Attorney
Registration No. 0044134, last known business
address in Centerville, Ohio, is found in contempt
for failure to file an affidavit of compliance on or
before August 7, 2017.
2017-1081. Disciplinary Counsel v. Sarver.
On August 7, 2017, the Board of Professional
Conduct filed a final report in the office of the clerk
of this court pursuant to Gov.Bar R. V(16), in
which the board accepted the agreement entered
into by relator, disciplinary counsel, and
respondent, Jason Allan Sarver. The agreement
set forth the misconduct and the agreed,
recommended sanction of a two-year suspension
from the practice of law, with the entire
suspension stayed on the condition that
respondent engage in no further misconduct. The
board recommended that the agreement be
accepted. The court, sua sponte, issued an order
waiving the issuance of a show cause order, and
this matter was submitted to the court on the
report and record filed by the board.
Sua sponte, the recommended sanction is
rejected. Pursuant to Gov.Bar R. V(17)(D), this
cause is remanded to the Board of Professional
Conduct for further proceedings, including
consideration of a more severe sanction.
Proceedings before this court in this case are
stayed until further order of this court. Costs to
abide final determination of the case.
O’Neill, J., dissents and would adopt the
agreement and suspend the respondent for two
years with the entire suspension stayed.
MISCELLANEOUS DISMISSALS
2017-0737. Vertex Refining OH, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2016-545 and 2016-
546. On appellant’s application for dismissal.
Application granted. Cause dismissed.
2017-0933. State ex rel. Ruth v. Jamison.
In Procedendo. On relator’s application for
dismissal. Application granted. Cause dismissed.
Supreme Court Case Announcement for
September 21, 2017
CASE ANNOUNCEMENTS
September 21, 2017
[Cite as 09/21/2017 Case Announcements, 2017-
Ohio-7697.]
MERIT DECISIONS WITH OPINIONS
2016-0495. Buckeye Terminals, L.L.C. v. Franklin
Cty. Bd. of Revision , Slip Opinion No. 2017-Ohio-
7664.
Board of Tax Appeals, No. 2014-4958. Decision
reversed and cause remanded.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents.
2017-0321. State ex rel. Rocky Ridge Dev., L.L.C.
v. Winters , Slip Opinion No. 2017-Ohio-7678.
In Prohibition. Writ granted in part and denied in
part.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0236. Pi in the Sky, L.L.C. v. Testa.
Board of Tax Appeals, No. 2015-2005. On
appellant’s motion to supplement the record.
Motion denied as moot.
RECONSIDERATION OF PRIOR DECISIONS
2017-1181. State ex rel. Repeal the Lorain Cty.
Permissive Sales Tax Commt. v. Lorain Cty. Bd. of
Elections.
In Mandamus. Reported at __ Ohio St.3d __,
2017-Ohio-7648, __ N.E.3d __. On motion for
reconsideration. Motion denied.
Supreme Court Second Case Announcement for
September 20, 2017
CASE ANNOUNCEMENTS
September 20, 2017
[Cite as 09/20/2017 Case Announcements #2,
2017-Ohio-7711.]
MOTION AND PROCEDURAL RULINGS
2017-1316. State ex rel. Grayem v. Bd. of Building
Appeals.
In Prohibition. Respondent shall file a responsive
pleading pursuant to S.Ct.Prac.R. 12.04 no later
than 5:00 p.m. on Monday, September 25, 2017.
If respondent files a responsive motion, relator’s
response to the motion shall be filed no later than
5:00 p.m. on Thursday, September 28, 2017.
No requests or stipulations for extension of time to
file a responsive pleading shall be permitted and
the clerk of court shall refuse to file any requests
or stipulations for extension of time to file a
responsive pleading.
DISCIPLINARY CASES
2017-1315. Disciplinary Counsel v. Deters.
On motion for immediate interim remedial
suspension. On September 20, 2017, relator filed
a motion for an immediate interim remedial
suspension pursuant to Gov.Bar R. V(19).
Respondent shall file a response, if any, to
relator’s motion by 12:00 p.m. on September 22,
2017.
Supreme Court Case Announcement for
September 20, 2017
CASE ANNOUNCEMENTS
September 20, 2017
[Cite as 09/20/2017 Case Announcements, 2017-
Ohio-7684.]
MERIT DECISIONS WITH OPINIONS
2015-0378. Cincinnati School Dist. Bd. of Edn. v.
Hamilton Cty. Bd. of Revision , Slip Opinion No.
2017-Ohio-7650.
Board of Tax Appeals, Nos. 2012-1564 and 2012-
1685. Decision affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-0686. State ex rel. Prade v. Ninth Dist. Court
of Appeals , Slip Opinion No. 2017-Ohio-7651.
In Prohibition. Writ denied.
O’Donnell, Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Neill, J., dissents, with an opinion.
O’Connor, C.J., not participating.
MOTION AND PROCEDURAL RULINGS
2016-1882. State v. Graham.
Portage C.P. 2016 CR 107 E. On appellant’s third
motion for extension of time to transmit record.
Motion granted. The record shall be filed no later
than October 9, 2017. No further extensions shall
be permitted.
2017-0736. Value Place Columbus OH N.W.,
L.L.C. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-292. On joint
motion to remand appeal to the Franklin County
Board of Revision. Motion granted.
DISCIPLINARY CASES
2017-0052. Disciplinary Counsel v. Niehaus.
On certification of default. Daniel Alan Niehaus,
Attorney Registration No. 0078682, last known
business address in Independence, Kentucky, is
indefinitely suspended from the practice of law.
2017-1213. Disciplinary Counsel v. Tinch.
On motion for immediate interim remedial
suspension. William Mathew Tinch, Attorney
Registration No. 0088418, last known business
address in Middletown, Ohio, is suspended from
the practice of law for an interim period.
MISCELLANEOUS DISMISSALS
2016-1334. State ex rel. Gwiazda v. Indus.
Comm.
Franklin App. No. 15AP-882, 2016-Ohio-5153. On
joint application for dismissal. Application granted.
Cause dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-1238. State ex rel. Roberts v. Donegan.
In Mandamus.
2017-1255. State ex rel. Mathews v. Montgomery.
In Mandamus.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days, and the parties shall otherwise proceed
in accordance with S.Ct.Prac.R. 16.02 through
16.07. As provided in S.Ct.Prac.R. 16.07, the
court may dismiss these cases or take other
action if the parties fail to timely file merit briefs.
2017-0636. State ex rel. Penske Truck Leasing
Co., L.L.P. v. Indus. Comm. Franklin App. No.
15AP-223, 2017-Ohio-1119.
2017-0792. GC Net Lease @ (3) (Westerville)
Investors, L.L.C. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-540.
Supreme Court Case Announcement for
September 18, 2017
CASE ANNOUNCEMENTS
September 18, 2017
[Cite as 09/18/2017 Case Announcements, 2017-
Ohio-7645.]
MOTION AND PROCEDURAL RULINGS
2017-0891. State v. Kouts.
Sandusky App. No. S-16-012, 2017-Ohio-2905.
On appellee’s motion for appointment of counsel.
Motion granted. The Ohio Public Defender’s
Office is appointed to represent appellee.
Supreme Court Second Case Announcement for
September 15, 2017
CASE ANNOUNCEMENTS
September 15, 2017
[Cite as 09/15/2017 Case Announcements #2,
2017-Ohio-7649.]
MERIT DECISIONS WITH OPINIONS
2017-1181. State ex rel. Repeal the Lorain Cty.
Permissive Sales Tax Commt. v. Lorain Cty. Bd. of
Elections , Slip Opinion No. 2017-Ohio-7648.
In Mandamus. Writ denied.
O’Donnell, Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only, with an
opinion.
O’Neill, J., concurs in judgment only.
Supreme Court Case Announcement for
September 15, 2017
CASE ANNOUNCEMENTS
September 15, 2017
[Cite as 09/15/2017 Case Announcements, 2017-
Ohio-7621.]
MOTION AND PROCEDURAL RULINGS
2017-0436. In re Complaint of Harris Design
Servs. v. Columbia Gas of Ohio, Inc.
Public Utilities Commission, No. 15-405-GA-CSS.
Sua sponte, briefing schedule reinstated.
Appellee shall file a merit brief within 30 days, and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07.
2017-0723. Rock v. Bracy.
In Habeas Corpus. On petitioner’s motion to
consolidate. Motion denied as moot.
2017-1156. State v. Stewart.
Delaware App. No. 17 CAA 01 0004, 2017-Ohio-
2842. On appellee’s motion to strike. Motion
denied.
DISCIPLINARY CASES
2017-1090. Disciplinary Counsel v. Moore.
On certified order. Michael Garth Moore, Attorney
Registration No. 0025047, last known business
address in Columbus, Ohio, publicly reprimanded.
Supreme Court Case Announcement for
September 14, 2017
\
CASE ANNOUNCEMENTS
September 14, 2017
[Cite as 09/14/2017 Case Announcements, 2017-
Ohio-7602.]
MERIT DECISIONS WITH OPINIONS
2015-0036. State ex rel. Camaco, L.L.C. v. Albu ,
Slip Opinion No. 2017-Ohio-7569.
Franklin App. No. 13AP-1002, 2014-Ohio-5330.
Judgment reversed and limited writ granted.
O’Connor, C.J., and French, Fischer, and
DeWine, JJ., concur.
Kennedy, J., concurs in part and dissents in part,
with an opinion joined by O’Donnell, J.
O’Neill, J., dissents, with an opinion.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm. , Slip
Opinion No. 2017-Ohio-7577.
Franklin App. No. 14AP-624, 2015-Ohio-2122. On
motion for reconsideration. Judgment reversed
and writ granted.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
2015-2105. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision , Slip Opinion No.
2017-Ohio-7578.
Board of Tax Appeals, No. 2014-3918. Decision
reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and Fischer, JJ., concur.
DeWine, J., concurs, with an opinion.
2016-0102. NWD 300 Spring, L.L.C. v. Franklin
Cty. Bd. of Revision , Slip Opinion No. 2017-Ohio-
7579.
Board of Tax Appeals, Nos. 2015-106, 2015-123
through 2015-145, 2015-147 through 2015-164,
2015-169 through 2015-182, 2015-184 through
2015-190, and 2015-192 through 2015-194.
Decision affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0907. State v. Garn.
Richland App Nos. 16CA26 and 16CA32, 2017-
Ohio-2969. On appellee’s motion to strike. Motion
denied. Appellee may filed a memorandum in
response to jurisdiction within 30 days.
2017-1207. Howell v. Consol. Rail Corp.
Cuyahoga App. No. 104554, 2017-Ohio-6881. On
motion for admission pro hac vice of Dan
Himmelfarb. Motion granted. Pursuant to Gov.Bar
R. XII(4), counsel shall file a notice of permission
with the Supreme Court’s Office of Attorney
Services within 30 days.
2017-1221. State ex rel. Neil v. French.
Franklin App. No. 17AP-241. On appellant’s
memorandum in support of jurisdiction. This
cause originated in the court of appeals and
therefore should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
The clerk shall issue an order for the transmission
of the record from the Court of Appeals for
Franklin County, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07.
DISCIPLINARY CASES
2016-1149. Disciplinary Counsel v. Doumbas.
On respondent’s motion to purge contempt.
Motion granted.
2017-1080. Mahoning Cty. Bar Assn. v. Cochran.
On joint motion to supplement record. Motion
granted.
MISCELLANEOUS DISMISSALS
2015-1559. 422 Sycamore Entertainment, L.L.C.
v. Testa.
Board of Tax Appeals, No. 2014-1023. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
2017-0522. State ex rel. Shelter v. Indus. Comm.
Franklin App. No. 16AP-119, 2017-Ohio-1063. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
2017-0738. State ex rel. Gunter v. Indus. Comm.
Franklin App. No. 15AP-562, 2017-Ohio-1571. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
2017-1091. State ex rel. Gould v. Summit Cty.
Court of Common Pleas.
In Prohibition. On relator’s application for
dismissal. Application granted. Cause dismissed.
Supreme Court Second Case Announcement for
September 13, 2017
CASE ANNOUNCEMENTS
September 13, 2017
[Cite as 09/13/2017 Case Announcements #2,
2017-Ohio-7567.]
MERIT DECISIONS WITH OPINIONS
2014-0799. Corrigan v. Illum. Co. , Slip Opinion
No. 2017-Ohio-7555.
Public Utilities Commission, No. 09-492-EL-CSS.
Decision affirmed.
O’Connor, C.J., and Kennedy, French, and
O’Neill, JJ., concur.
O’Donnell, J., concurs in judgment only.
DeWine, J., dissents, with an opinion joined by
Fischer, J.
2014-1922. State v. Martin , Slip Opinion No.
2017-Ohio-7556.
Trumbull C.P. No. 2012 CR 735. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., concurs in part and dissents in part for
the reasons set forth in his dissenting opinion in
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, N.E.2d 900.
2015-0924. State v. Morgan , Slip Opinion No.
2017-Ohio-7565.
Franklin App. No. 13AP-620, 2014-Ohio-5661.
Judgment affirmed.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., dissents, with an opinion joined
by French and O’Neill, JJ.
2016-0080. In re Complaints of Lycourt-Donovan
v. Columbia Gas of Ohio, Inc. , Slip Opinion No.
2017-Ohio-7566.
Public Utilities Commission, Nos. 12-2877-GA-
CSS, 13-124-GA-CSS, and 13-667-GA-CSS.
Orders affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and Fischer, JJ., concur.
DeWine, J., concurs in judgment only.
MERIT DECISIONS WITHOUT OPINIONS
2016-1394. Johnson v. Shaker Hts. Mun. Court.
In Mandamus. On relator’s motion to join Ohio
Bureau of Motor Vehicles as a party. Motion
granted. Relator shall file an amended complaint
in mandamus within 21 days that contains a
specific statement of facts upon which the claim
for relief is based as to the joined respondent.
Joined respondent shall file an answer to the
amended complaint or a motion to dismiss within
21 days of the filing of the complaint.
On respondent Shaker Heights Municipal Court’s
motion to dismiss. Motion granted. Cause
dismissed as to Shaker Heights Municipal Court.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, JJ., concur.
O’Donnell, J., dissents.
DeWine, J., dissents in part and would deny
relator’s motion to join party.
2016-1486. Sunoco Pipeline, L.P. v. Teter.
Harrison App. Nos. 16 HA 0002 and 16 HA 0005,
2016-Ohio-7073. On appellee’s motion to dismiss.
Motion granted. Cause dismissed. On appellee’s
motion to strike. Motion denied as moot.
French and O’Neill, JJ., dissent and would deny
appellee’s motion to dismiss and grant appellee’s
motion to strike.
2017-0389. State ex rel. Armatas v. Haas.
In Prohibition. On respondent’s motion to dismiss.
Motion granted. Cause dismissed. On motions for
leave to intervene as respondents. Motions
denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0399. May v. Dir., Dept. of Job & Family
Servs.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0494. State ex rel. Walker v. Yount.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed. On relator’s
motion to expedite proceedings. Motion denied as
moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0633. State ex rel. Staats v. Canton.
In Mandamus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed. On
relator’s motion to disregard and strike
respondent’s response. Motion denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0661. State v. Robinson.
In Habeas Corpus. Sua sponte, cause dismissed.
On petitioner’s motion for release upon bail during
pending proceedings. Motion denied as moot.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., not participating.
2017-0673. State ex rel. Knuckles v. Judges of
the 4th Dist. & 9th Dist. Court of Appeals.
In Mandamus and Procedendo. On respondents’
motion to dismiss. Motion granted. Cause
dismissed. On motion to dismiss respondent’s
motion to dismiss. Motion denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0692. May v. Dir., Dept. of Job & Family
Servs.
In Mandamus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed. On
relators’ motion to amend complaint and join
respondent. Motion denied.
O’Connor, C.J., and O’Neill, Fischer, and DeWine,
JJ., concur.
O’Donnell, J., dissents and would deny the
motions to dismiss, grant the motion to amend
complaint and join respondent, and grant an
alternative writ.
Kennedy and French, JJ., dissent in part and
would grant relators’ motion to amend complaint
and join respondent and would order joined
respondent to file an answer to the amended
complaint or a motion to dismiss within 21 days of
the filing of the complaint.
2017-0723. Rock v. Bracy.
In Habeas Corpus. Sua sponte, cause dismissed.
On application for default judgment. Application
denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0745. Frett v. Marques.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0746. Clark v. Ohio Adult Parole Auth.
Miscellaneous case. On respondents’ motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0772. State ex rel. Stairhime v. Schmenk.
In Procedendo. On respondent’s motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0776. State ex rel. Johnson v. Gormley.
In Prohibition. On respondents’ motions to
dismiss. Motions granted. Cause dismissed. On
relator’s motion to file correction, motion to invoke
discovery, motion for leave of court to be relieved
of electronic-filing requirement, motion for default
judgment, motion for sanctions, and motion for
judicial notice. Motions denied as moot. On
respondents’ motion to stay discovery. Motion
denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
Fischer, and DeWine, JJ., concur.
French, J., dissents in part and would deny the
motion to dismiss of respondent Judge David M.
Gormley.
2017-0797. State ex rel. Totten v. Life-Smith.
In Mandamus. On respondent’s motion for
judgment on pleadings. Motion granted. Cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0818. Artripe v. Wetzel.
In Procedendo. On respondent’s motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0843. State ex rel. Miller v. Rapp.
In Mandamus and Prohibition. On respondents’
motions to dismiss. Motions granted. On relator’s
response to strike or deny motion or set oral
argument and relator’s emergency motion to
access property. Motions denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0845. Davis v. Scott.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0848. Gerald v. State.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0851. In re Ala El.
In Quo Warranto. On S.Ct.Prac.R. 12.04
determination. Cause dimissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0880. State ex rel. Electronic Classroom of
Tomorrow v. State Bd. of Edn.
In Mandamus and Prohibition. On respondents’
motion to dismiss amended complaint. Motion
granted. Cause dismissed.
O’Connor, C.J., and Kennedy, Gwin, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents, and would grant an
alternative writ.
W. Scott Gwin, J., of the Fifth District Court of
Appeals, sitting for French, J.
MOTION AND PROCEDURAL RULINGS
2011-0857. State v. Obermiller.
Cuyahoga C.P. No. CR542119. On appellant’s
application for reopening pursuant to S.Ct.Prac.R.
11.06. Application denied.
O’Neill, J., dissents.
2015-1480. State v. Bailey.
Hamilton App. No. C-140129, 2015-Ohio-2997.
On appellant’s motion to vacate void judgment.
Motion denied.
Fischer, J., not participating.
2016-0696. State v. Apanovitch.
Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. On appellant’s motion for stay. Motion
denied.
O’Donnell and Kennedy, JJ., dissent.
2016-1553. NRG Power Midwest, L.P. v. Lorain
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-874 and 2015-
890. On appellant/cross-appellee’s motions to
strike. Motions denied.
2017-0204. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 08-1094-EL-
SSO, 08-1095-EL-ATA, 08-1096-EL-AAM, and 08-
1097-EL-UNC. On appellant Office of the Ohio
Consumers’ Counsel’s motion for stay. Motion
denied.
O’Neill, J., dissents.
2017-0367. State ex rel. Matthews v. Haviland.
Allen App. No. 1-16-54. On appellant’s motion for
leave to reinstate appeal. Motion denied.
Kennedy, O’Neill, and Fischer, JJ., dissent.
2017-0436. In re Complaint of Harris Design
Servs. v. Columbia Gas of Ohio, Inc.
Public Utilities Commission, No. 15-405-GA-CSS.
On appellee’s motion to dismiss. Motion denied.
On intervening appellee’s motion to dismiss.
Motion denied.
2017-0600. Burke v. Excalibur Exploration, Inc.
Ashtabula App. No. 2016-A-0041, 2017-Ohio-999.
On intervening appellant’s motion to vacate lower
courts’ judgments. Motion granted. The judgments
are vacated and the cause is remanded to the trial
court to determine the necessary parties to this
action. On motion to intervene as necessary
parties and motion to dismiss by EnerVest Energy
Institutional Fund XI-A, L.P., CGAS Properties,
L.P., and EnerVest Energy Institutional Fund XI-
WI, L.P. Motions denied as moot.
O’Connor, C.J., and O’Donnell, J., dissent.
2017-0653. Ross v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2016-1716. On
appellees’ motion to dismiss. Motion denied.
O’Donnell and Fischer, JJ., dissent.
2017-0802. State v. Cochran.
Franklin App. No. 16AP-491, 2017-Ohio-1528. On
motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days of the date of
this entry.
O’Connor, C.J., and DeWine, J., dissent.
2017-0808. State v. Cogar.
Ashland App. No. 16-COA-039, 2017-Ohio-1470.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2017-0822. State v. Wright.
Hamilton App. No. C-150715, 2017-Ohio-1568.
On motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days of the date of
this entry.
O’Connor, C.J., dissents.
Fischer, J., not participating.
2017-0823. State v. Carlier.
Clermont App. No. CA2016-11-075. On motion for
leave to file delayed appeal. Motion denied.
2017-0838. State v. Taeusch.
Lake App. No. 2016-L-047, 2017-Ohio-1105. On
motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days of the date of
this entry.
O’Donnell, French, and DeWine, JJ., dissent.
2017-0840. State v. Summers.
Cuyahoga App. No. 105513. On motion for leave
to file delayed appeal. Motion denied.
2017-0847. State v. Montgomery.
Montgomery App. No. 25277, 2013-Ohio-4509.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2017-0852. State v. Coleman.
Highland App. No. 16CA11, 2017-Ohio-1067. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill and Fischer, JJ., dissent.
2017-0855. State v. Sealey.
Lake App. No. 2016-L-034, 2017-Ohio-338. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2017-0862. State v. Miller.
Lucas App. No. L-16-1029, 2017-Ohio-670. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2017-0870. Bank of New York Mellon v. Rhiel.
Certified Question of State Law, Bankruptcy
Appellate Panel of the United States Court of
Appeals for 6th Circuit, No. 16-8042. On review of
preliminary memoranda pursuant to S.Ct.Prac.R.
9.05. The court will answer the following
questions:
“1. Whether an individual who is not identified in
the body of a mortgage, but who signs and initials
the mortgage, is a mortgagor of his or her
interest?”
“2. Is a mortgage signed and initialed by an
individual whose name is not identified in the body
of the mortgage, but whose signature is properly
acknowledged pursuant to Ohio Revised Code
Sec. 5301, invalid as a matter of law such that
parol evidence is not admissible to determine the
intent of the individual in signing the mortgage?”
Petitioner shall file its merit brief within 40 days
and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.04 and S.Ct.Prac.R. 9.07.
O’Donnell and Kennedy, JJ., dissent.
2017-0878. State v. Kerr.
Mahoning App. No. 15 MA 0083, 2016-Ohio-8479.
On motion for leave to file delayed appeal. Motion
denied.
2017-0891. State v. Kouts.
Sandusky App. No. S-16-012, 2017-Ohio-2905.
On review of an order certifying a conflict. The
court determines that a conflict exists. The parties
are ordered to brief the issue stated at page 4 of
the court of appeals’ entry filed June 23, 2017:
“During a plea proceeding, does a trial court’s
failure to inform a defendant about the residential
restrictions imposed on sex offenders under R.C.
Chapter 2950 render the plea invalid?”
The conflict case is State v. Creed, 8th Dist.
Cuyahoga No. 97317, 2012-Ohio-2627.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
court of appeals for Sandusky County.
French, J., dissents.
2017-0899. State v. Echols.
Cuyahoga App. No. 104483, 2017-Ohio-1360. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2017-0904. State v. Brown.
Cuyahoga App. No. 104095, 2017-Ohio-184. On
motion for leave to file delayed appeal. Motion
denied.
2017-0910. State v. Scheffield.
Geauga App. No. 2015-G-0053, 2017-Ohio-2593.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., not participating.
2017-0911. State v. Wauer.
Trumbull App. No. 2016-T-0043, 2017-Ohio-1337.
On motion for leave to file delayed appeal. Motion
denied.
2017-0912. State v. Sullivan.
Cuyahoga App. No. 105623. On motion for leave
to file delayed appeal. Motion denied.
Kennedy and O’Neill, JJ., dissent.
2017-0920. State v. Penland.
Hamilton App. Nos. C-150413 and C-150414. On
motion for leave to file delayed appeal. Motion
denied.
Fischer, J., not participating.
2017-0950. State v. Gladwell.
Butler App. No. CA2016-07-139, 2017-Ohio-0331.
On review of an order certifying a conflict. It is
determined that no conflict exists. Cause
dismissed.
O’Donnell, J., dissents.
2017-0952. State v. Robinson.
Summit App. No. 28278, 2016-Ohio-4168. On
appellant’s motion for stay. Motion denied. On
appellant’s motion for release on recognizance
bond. Motion denied as moot.
O’Connor, C.J., not participating.
2017-0972. State v. Holloway.
Butler App. No. CA2016-08-152, 2017-Ohio-4039.
On review of an order certifying a conflict. It is
determined that no conflict exists. Cause
dismissed.
O’Donnell and O’Neill, JJ., dissent.
2017-0973. State v. Sibrian.
Montgomery App. No. 27041, 2017-Ohio-2613.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy, O’Neill, and Fischer, JJ., dissent.
2017-0982. State v. Flores-Lopez.
Montgomery App. No. 27108, 2017-Ohio-690. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissent.
2017-0989. State v. Goodwin.
Butler App. No. CA2016-05-099, 2017-Ohio-2712.
On review of an order certifying a conflict. It is
determined that no conflict exists. Cause
dismissed.
O’Connor, C.J., and O’Neill and Fischer, JJ.,
dissent.
2017-1001. State v. Boyer.
Clark App. No. 2016-CA-63, 2017-Ohio-4199. On
appellant’s motion for stay of judgment. Motion
denied.
Kennedy, J., dissents and would grant the motion
and continue the appellant’s bond.
O’Neill and Fischer, JJ., dissent.
2017-1008. State v. Amnathphonthip.
Franklin App. No. 16AP-337. On motion for leave
to file delayed appeal. Motion denied.
2017-1049. State v. Nelson.
Muskingum App. No. CT2015-0057, 2016-Ohio-
2787. On motion for leave to file delayed appeal.
Motion denied.
2017-1156. State v. Stewart.
Delaware App. No. 17 CAA 01 0004, 2017-Ohio-
2842. On appellant’s motion for stay of court of
appeals’ decision. Motion denied.
DeWine, J., dissents.
2017-1207. Howell v. Consol. Rail Corp.
Cuyahoga App. No. 104554, 2017-Ohio-6881. On
appellant’s motion to stay court of appeals’
judgment and trial date. Motion granted.
O’Connor, C.J., and French, J., dissent.
APPEALS ACCEPTED FOR REVIEW
2017-0004. Turner v. CertainTeed Corp.
Cuyahoga App. No. 103475, 2016-Ohio-7776.
O’Connor, C.J., and Fischer and DeWine, JJ.,
dissent.
2017-0087. State v. Carnes.
Hamilton App. No. C-150752, 2016-Ohio-8019.
O’Donnell, Kennedy, and Sadler, JJ., dissent.
William A. Klatt, J., of the Tenth District Court of
Appeals, sitting for Fischer, J.
Lisa L. Sadler, J., of the Tenth District Court of
Appeals, sitting for DeWine, J.
2017-0088. Pelletier v. Campbell.
Mahoning App. No. 15 MA 0220, 2016-Ohio-8097.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2017-0145. State v. Jackson.
Cuyahoga App. No. 103957, 2016-Ohio-8144.
2017-0913. Electronic Classroom of Tomorrow v.
Dept. of Edn.
Franklin App. No. 16AP-863, 2017-Ohio-5607.
Discretionary appeal of appellant Electronic
Classroom of Tomorrow accepted on proposition
of law No. IV. Appeal of appellants Jeremy Aker
and Darrel Deberry not accepted.
O’Donnell and Kennedy, JJ., would accept the
appeal of appellant Electronic Classroom of
Tomorrow on all propositions of law.
O’Connor, C.J., dissents and would not accept
either appeal.
W. Scott Gwin, J., of the Fifth District Court of
Appeals, sitting for French, J.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1588. State v. Tracey.
Muskingum App. No. CT 2015-0040, 2016-Ohio-
5255.
2017-0001. Walker v. Hartford on the Lake, L.L.C.
Franklin App. Nos. 16AP-271 and 16AP-272,
2016-Ohio-7792.
2017-0002. State v. Gibson.
Cuyahoga App. No. 103958, 2016-Ohio-7778.
2017-0008. Turley v. Univ. of Cincinnati Med. Ctr.
Hamilton App. No. C-150717, 2016-Ohio-7457.
O’Donnell, J., dissents.
Fischer, J., not participating.
2017-0011. State v. Bolen.
Seneca App. No. 13-16-01, 2016-Ohio-7821.
O’Donnell, J., dissents.
2017-0012. Wright v. Therm-O-Link.
Portage App. No. 2015-P-0059, 2016-Ohio-7840.
O’Neill, J., dissents.
2017-0034. State v. George.
Cuyahoga App. No. 103708, 2016-Ohio-7886.
O’Neill, J., dissents.
2017-0040. Cornett v. Cornett.
Greene App. No. 2016-CA-7, 2016-Ohio-7902.
2017-0047. State v. Shaskus.
Franklin App. No. 14AP-812, 2016-Ohio-7942.
O’Neill, J., dissents.
2017-0055. Peck v. Tokar.
Geauga App. No. 2016-G-0086, 2016-Ohio-8112.
2017-0056. State v. Johnson.
Franklin App. Nos. 15AP-1021, 15AP-1022, and
15AP-1023, 2016-Ohio-7945.
DeWine, J., dissents.
2017-0057. State v. Horton.
Muskingum App. No. CT2015-0053, 2016-Ohio-
8193.
2017-0058. State v. Horton.
Muskingum App. No. CT2015-0054, 2016-Ohio-
8181.
2017-0063. State v. Halsey.
Butler App. No. CA2016-01-001, 2016-Ohio-7990.
Kennedy and French, JJ., dissent.
2017-0065. Karras v. Karras.
Montgomery App. No. 26814, 2016-Ohio-8079.
2017-0073. Cobb v. Ohio Dept. of Edn.
Cuyahoga App. No. 103694, 2016-Ohio-7396.
O’Donnell, J., dissents.
2017-0078. State v. Kraus.
Ottawa App. No. OT-15-034, 2016-Ohio-8003.
Fischer and DeWine, JJ., not participating.
2017-0080. State v. Carelli.
Columbiana App. No. 15 CO 0025, 2016-Ohio-
8031.
2017-0081. United States Fire Ins. v. Am. Bonding
Co., Inc.
Hamilton App. Nos. C-160307 and C-160317,
2016-Ohio-7968.
Fischer, J., not participating.
2017-0082. State v. Rawls.
Cuyahoga App. No. 104191, 2016-Ohio-7962.
Fischer, J., not participating.
2017-0091. State v. Knight.
Butler App. No. CA2016-02-028, 2016-Ohio-7991.
2017-0093. State v. Mitchell.
Cuyahoga App. No. 104314, 2017-Ohio-94.
2017-0096. State v. Nelson.
Hamilton App. No. C-150480, 2016-Ohio-8064.
Kennedy, J., dissents.
Fischer, J., not participating.
2017-0099. State v. Miller.
Perry App. No. 16-CA-0004, 2016-Ohio-8248.
2017-0103. State v. Hill.
Sandusky App. No. S-15-011, 2016-Ohio-8087.
2017-0104. Marshall v. Colonial Ins. Co.
Mahoning App. No. 2015 MA 0169, 2016-Ohio-
8155.
2017-0118. In re E.H.
Ottawa App. No. OT-15-044, 2016-Ohio-8170.
Fischer, J., dissents and would accept the cause
on proposition of law No. II.
2017-0149. State v. Kearns.
Franklin App. No. 15AP-244, 2016-Ohio-5941.
O’Neill, J., dissents.
2017-0164. Sanzenbacker v. The Bistro Group,
Inc.
Hamilton App. No. C-160862.
O’Neill, J., dissents.
Fischer, J., not participating.
2017-0183. State v. Clarke.
Cuyahoga App. No. 104397, 2016-Ohio-8306.
2017-0515. State v. Myers.
Wood App. No. WD-16-026, 2017-Ohio-1220.
Appellant’s motion to strike denied as moot.
2017-0524. State v. Everson.
Mahoning App. No. 16 MA 0120, 2017-Ohio-898.
2017-0528. Bey v. State.
Lucas App. No. L-16-1088, 2017-Ohio-404.
2017-0534. Secy. of Veterans Affairs v. Shaffer.
Richland App. No. 16CA23, 2017-Ohio-801.
2017-0537. State v. Wesley.
Jefferson App. No. 15 JE 0006, 2017-Ohio-799.
2017-0538. State v. Vincent.
Ross App. No. 15CA3512, 2017-Ohio-1441.
2017-0548. State v. Emerine.
Trumbull App. No. 2016-T-0048, 2017-Ohio-1206.
2017-0556. State v. Cochran.
Cuyahoga App. No. 105564.
2017-0558. State v. Dawson.
Cuyahoga App. No. 104509, 2017-Ohio-965.
2017-0572. State v. Fikes.
Hamilton App. No. C-150538.
Fischer, J., not participating.
2017-0580. State v. Rogers.
Guernsey App. No. 16 CA 18, 2017-Ohio-1248.
O’Neill, J., dissents.
2017-0584. State v. Gentry.
Hamilton App. Nos. C-160184 and C-160222.
Fischer, J., not participating.
2017-0586. State v. Oldaker.
Meigs App. No. 16CA3, 2017-Ohio-1201.
2017-0592. State v. McArthur.
Cuyahoga App. No. 104862, 2017-Ohio-1373.
2017-0596. Moore v. Naiman.
Cuyahoga App. No. 104715, 2017-Ohio-1163.
2017-0599. State v. Williams.
Stark App. No. 2014CA00086.
2017-0601. Grimes v. Oviatt.
Cuyahoga App. No. 104491, 2017-Ohio-1174.
2017-0611. Ashtabula v. Jones.
Ashtabula App. No. 2016-A-0053, 2017-Ohio-
1103.
2017-0620. State v. Adams.
Stark App. No. 2016CA00106, 2017-Ohio-1145.
2017-0621. State v. McGee.
Cuyahoga App. No. 104566, 2017-Ohio-1363.
2017-0629. State v. Davidson.
Muskingum App. No. CT2017-0014, 2017-Ohio-
1505.
2017-0634. State v. Hamilton.
Hocking App. No. 16CA17, 2017-Ohio-1294.
2017-0641. State v. Holsinger.
Richland App. No. 16CA48, 2017-Ohio-1378.
2017-0645. State v. Wright.
Mahoning App. No. 15 MA 0092, 2017-Ohio-1211.
2017-0651. State v. Smith.
Cuyahoga App. No. 104263, 2017-Ohio-1155.
2017-0652. State v. Kendrick.
Montgomery App. No. 27133, 2017-Ohio-1306.
2017-0668. State v. Bradley.
Van Wert App. No. 15-17-05.
2017-0670. State v. Collier.
Hamilton App. No. C-170127.
2017-0680. State v. Becraft.
Clark App. No. 2016-CA-9, 2017-Ohio-1464.
O’Neill, J., dissents and would accept the cause
and appoint counsel to represent appellant.
2017-0688. State v. Peace.
Hancock App. No. 5-16-21.
2017-0704. State v. Yuschak.
Medina App. No. 17CA0016-M.
Fischer, J., dissents.
2017-0709. Cuyahoga Cty. Bd. of Health v. Petro.
Cuyahoga App. No. 104882, 2017-Ohio-1164.
O’Donnell, J., dissents.
2017-0716. State v. Walker.
Trumbull App. No. 2016-T-0034, 2016-Ohio-8521.
2017-0720. State v. Berry.
Franklin App. Nos. 16AP-659 and 16AP-660,
2017-Ohio-1529.
2017-0728. State v. Arroyo-Garcia.
Franklin App. No. 15AP-890, 2016-Ohio-7006.
2017-0730. State v. Watson.
Butler App. No. CA2016-08-159, 2017-Ohio-1403.
2017-0789. State v. Kegley.
Crawford App. No. 3-16-06, 2016-Ohio-8467.
2017-0805. State v. Tharp.
Cuyahoga App. No. 104216, 2017-Ohio-2750.
2017-0810. State v. Price.
Mahoning App. No. 2015 MA 0206, 2016-Ohio-
8417.
2017-0861. State v. Martin.
Summit App. No. 27789, 2016-Ohio-7764.
French and O’Neill, JJ., dissent.
2017-0918. In re Jd.R.
Franklin App. No. 16AP-364, 2017-Ohio-2940.
2017-0975. State v. Geiger.
Franklin App. No. 15AP-1120, 2016-Ohio-7571.
2017-1012. In re K.P.
Fairfield App. Nos. 17-CA-3 and 17-CA-4, 2017-
Ohio-4264.
2017-1019. State v. Payne.
Summit App. No. 26655, 2013-Ohio-5230.
Fischer, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2014-0807. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2011-714. Reported at
__ Ohio St.3d __, 2017-Ohio-2734, __ N.E.3d __.
On motion for reconsideration. Motion granted as
to the request to amend the judgment entry of
May 11, 2017, to include reinstatement of the
Franklin County Board of Revision’s valuation for
2008, consistent with the opinion of this court.
Motion denied in all other respects. On appellee’s
motion to strike. Motion granted.
2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-1160. Reported
at 150 Ohio St.3d 69, 2017-Ohio-4002, 78 N.E.3d
870. On motion for reconsideration. Motion
denied.
2016-0509. State ex rel. McKee v. Union Metal
Corp.
Franklin App. No. 15AP-414, 2016-Ohio-1236.
Reported at 150 Ohio St.3d 223, 2017-Ohio-5541,
80 N.E.3d 491. On amended motion for
reconsideration. Motion denied.
2016-1710. Snyder v. Grant.
Cuyahoga App. No. 103796, 2016-Ohio-5247.
Reported at 149 Ohio St.3d 1432, 2017-Ohio-
4396, 76 N.E.3d 1208. On motion for
reconsideration. Motion denied. O’Donnell, J.,
dissents.
2017-0181. State v. Boware.
Summit App. No. 27975, 2016-Ohio-7024.
Reported at 149 Ohio St.3d 1433, 2017-Ohio-
4396, 76 N.E.3d 1209. On motion for
reconsideration. Motion denied. O’Connor, C.J.,
not participating.
2017-0231. Rocky River v. Collins.
Cuyahoga App. No. 104180, 2017-Ohio-14.
Reported at 149 Ohio St.3d 1434, 2017-Ohio-
4396, 76 N.E.3d 1209. On motion for
reconsideration. Motion denied.
2017-0385. Ackerman v. Bank of New York
Mellon.
Miscellaneous case. Reported at 149 Ohio St.3d
1416, 2017-Ohio-4038, 75 N.E.3d 235. On motion
for reconsideration. Motion denied.
2017-0417. State ex. rel. Lopez v. Summit Cty.
Clerk of Courts.
In Mandamus. Reported at 149 Ohio St.3d 1466,
2017-Ohio-5723, 77 N.E.3d 989. On motion for
reconsideration. Motion denied.
O’Neill, J., dissents.
2017-0503. State ex rel. Hillman v. Franklin Cty.
Common Pleas Adm. Judge.
In Procedendo. Reported at 149 Ohio St.3d 1462,
2017-Ohio-5699, 77 N.E.3d 986. On motion for
reconsideration and request for hearing en banc.
Motion and request denied.
Supreme Court Case Announcement for
September 13, 2017
CASE ANNOUNCEMENTS AND
ADMINISTRATIVE ACTIONS
September 13, 2017
[Cite as 09/13/2017 Case Announcements, 2017-
Ohio-7587.]09
MOTION AND PROCEDURAL RULINGS
2017-1279. Otte v. State .
Cuyahoga App. No. 106204. On appellant’s
motion to stay execution date. Motion denied. On
consideration of jurisdictional memoranda,
jurisdiction declined.
O’Neill, J., dissents.
**************************************************
GARY OTTE, :
Court of Appeals Case No. 106204
DEATH PENALTY CASE
EXECUTION SCHEDULED FOR SEPTEMBER
13, 2017
NOTICE OF APPEAL OF APPELLANT GARY
OTTE
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/1279
Supreme Court Case Announcement for
September 12, 2017
CASE ANNOUNCEMENTS
September 12, 2017
[Cite as 09/12/2017 Case Announcements, 2017-
Ohio-7558.]
MERIT DECISIONS WITH OPINIONS
2016-1013. Stewart v. Vivian, Slip Opinion No.
2017-Ohio-7526.
Clermont App. No. CA2015-05-039, 2016-Ohio-
2892. Judgment affirmed.
O’Donnell, Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in part and dissents in
part, with an opinion joined by O’Neill, J.
2016-1122. Reid v. Cleveland Police Dept., Slip
Opinion No. 2017-Ohio-7527.
Cuyahoga App. No. 103781, 2016-Ohio-3466.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
2016-1502. State ex rel. Mancino v. Tuscarawas
Cty. Court of Common Pleas, Slip Opinion No.
2017-Ohio-7528.
Tuscarawas App. No. 2016 AP 05 0029, 2016-
Ohio-5763. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
Supreme Court Case Announcement for
September 11, 2017
CASE ANNOUNCEMENTS
September 11, 2017
[Cite as 09/11/2017 Case Announcements, 2017-
Ohio-7529.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF SEPTEMBER 11,
2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the September 11, 2017
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2015-0187. Bohlen v. Anadarko E & P Onshore,
L.L.C., 150 Ohio St.3d 197, 2017-Ohio-4025.
2015-0322. Dialysis Ctrs. of Dayton, L.L.C. v.
Testa, 150 Ohio St.3d 208, 2017-Ohio-4269.
2015-0389. W. Carrollton City Schools Bd. of Edn.
v. Montgomery Cty. Bd. of Revision, 150 Ohio
St.3d 215, 2017-Ohio-4328.
2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc., 150 Ohio St.3d 182, 2017-Ohio-2923.
2015-1737. Bibler v. Stevenson, 150 Ohio St.3d
144, 2016-Ohio-8449.
2015-1831. State ex rel. Schroeder v. Cleveland,
150 Ohio St.3d 135, 2016-Ohio-8105.
2015-1892. State v. Rahab, 150 Ohio St.3d 152,
2017-Ohio-1401.
2015-2019. State v. Baird, 150 Ohio St.3d 150,
2016-Ohio-8466.
2015-2038. Hardesty v. Alcantara, 150 Ohio St.3d
151, 2016-Ohio-8468.
2016-0509. State ex rel. McKee v. Union Metal
Corp., 150 Ohio St.3d 223, 2017-Ohio-5541.
2016-0623. Schultheiss v. Heinrich Ents., Inc.,
150 Ohio St.3d 181, 2017-Ohio-2895.
2016-0636. Rush v. Univ. of Cincinnati Physicians,
Inc., 150 Ohio St.3d 181, 2017-Ohio-2896.
2016-0859. Cleveland Metro. Bar Assn. v.
Donchatz, 150 Ohio St.3d 168, 2017-Ohio-2793.
2016-1243. In re Application of Coll, 150 Ohio
St.3d 183, 2017-Ohio-4023.
2016-1488. Ohio State Bar Assn. v. Jacob, 150
Ohio St.3d 162, 2017-Ohio-2733.
2016-1821. Disciplinary Counsel v. Martyniuk, 150
Ohio St.3d 220, 2017-Ohio-4329.
2017-0223. Cleveland Metro. Bar Assn. v.
Callahan, 150 Ohio St.3d 227, 2017-Ohio-5700.
17-AP-008. In re Disqualification of Patton, 150
Ohio St.3d 1252, 2017-Ohio-2839.
17-AP-014. In re Disqualification of Eighth Dist.
Court of Appeals, 150 Ohio St.3d 1253, 2017-
Ohio-2840.
17-AP-032. In re Disqualification of Tyack, 150
Ohio St.3d 1255, 2017-Ohio-5719.
17-AP-033. In re Disqualification of Blanchard,
150 Ohio St.3d 1260, 2017-Ohio-5543.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinion, which was
previously issued as an entry in response to an
affidavit of disqualification filed pursuant to R.C.
2701.03.
17-AP-055. In re Disqualification of Sieve, Slip
Opinion No. 2017-Ohio-7523 (decided Jun. 30,
2017).
Supreme Court Case Announcement for
September 7, 2017
CASE ANNOUNCEMENTS
September 7, 2017
[Cite as 09/07/2017 Case Announcements, 2017-
Ohio-7476.]
MERIT DECISIONS WITH OPINIONS
2016-0672. State v. Mohamed , Slip Opinion No.
2017-Ohio-7468.
Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116. Judgment reversed and cause
remanded.
O’Connor, C.J., and Kennedy, French, and
DeWine, JJ., concur.
Fischer, J., concurs, with an opinion.
O’Donnell, J., concurs in judgment only.
O’Neill, J., dissents, with an opinion.
2016-0782. State v. Jackson , Slip Opinion No.
2017-Ohio-7469.
Cuyahoga App. No. 103035, 2016-Ohio-704.
Judgment reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
DISCIPLINARY CASES
2015-0060. Lorain Cty. Bar Assn. v. Provenza.
On report by the Board of Professional Conduct.
In 2017-1158, In re Resignation of Provenza, this
court accepted respondent’s resignation with
disciplinary action pending. Therefore, this cause
is dismissed. Costs are taxed to respondent.
2016-1489. Wood Cty. Bar. Assn. v. Searfoss.
On report by the Board of Professional Conduct.
In 2017-0997, In re Resignation of Searfoss, this
court accepted respondent’s resignation with
disciplinary action pending. Therefore, this cause
is dismissed. Costs are taxed to respondent.
2017-0010. Disciplinary Counsel v. Rutherford.
On certification of default. On relator’s motion to
remand proceedings to Board of Professional
Conduct to initiate default proceedings seeking
permanent disbarment. Motion granted. The
interim default suspension imposed against
respondent on February 1, 2017, shall remain in
place while this matter is pending before the
board. Proceedings before this court in this case
are stayed until further order of the court.
2017-0997. In re Resignation of Searfoss.
On application for resignation of Robert Eugene
Searfoss III, Attorney Registration No. 0078906,
and on report filed under seal by disciplinary
counsel. Resignation accepted with disciplinary
action pending.
2017-1158. In re Resignation of Provenza.
On application for resignation of Mark Russell
Provenza, Attorney Registration No. 0022490,
and on report filed under seal by disciplinary
counsel. Resignation accepted with disciplinary
action pending.
Supreme Court Case Announcement for
September 6, 2017
CASE ANNOUNCEMENTS
September 6, 2017
[Cite as 09/06/2017 Case Announcements, 2017-
Ohio-7459.]
MERIT DECISIONS WITH OPINIONS
2016-0790. Johnson v. Montgomery , Slip Opinion
No. 2017-Ohio-7445.
Montgomery App. Nos. 26319 and 26322, 2016-
Ohio-1472. Judgment affirmed.
O’Connor, C.J., and Kennedy, Fischer, and
DeWine, JJ., concur.
O’Donnell and French, JJ., concur in judgment
only.
O’Neill, J., dissents, with an opinion.
MOTION AND PROCEDURAL RULINGS
2016-1891. State v. Martin.
Summit App. No. 27789, 2016-Ohio-7764. On
appellant’s motion for appointment of counsel.
Motion granted. Jennifer Kinsley is appointed to
represent appellant.
Supreme Court Case Announcement for
September 5, 2017
[Cite as 09/05/2017 Case Announcements, 2017-
Ohio-7440.]
MERIT DECISIONS WITH OPINIONS
2016-1116. Lightning Rod. Mut. Ins. Co. v.
Southworth , Slip Opinion No. 2017-Ohio-7438.
Scioto App. No. 15CA3704, 2016-Ohio-3473.
Cause dismissed.
O’Connor, C.J., and Kennedy, O’Neill, Fischer,
and DeWine, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
French, J.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-052. In re Disqualification of Tyack and
Brunner, Slip Opinion No. 2017-Ohio-7428
(decided Jun. 30, 2017).
17-AP-053. In re Disqualification of Rapp, Slip
Opinion No. 2017-Ohio-7429 (decided Jun. 12,
2017).
17-AP-059. In re Disqualification of Rice, Slip
Opinion No. 2017-Ohio-7437 (decided Jul. 6,
2017).
Supreme Court Second Case
Announcement for September 1, 2017
CASE ANNOUNCEMENTS
September 1, 2017
[Cite as 09/01/2017 Case
Announcements #2, 2017-Ohio-7439.]
MOTION AND PROCEDURAL RULINGS
2017-1212. State v. Rigel.
Clark App. No. 2016-CA-50, 2017-
Ohio-6906. Sua sponte, appellee
ordered to file a response, if any,
to appellant’s motion for stay no
later than 5:00 p.m. on Wednesday,
September 6, 2017.
Supreme Court Case Announcement for
September 1, 2017
CASE ANNOUNCEMENTS
September 1, 2017
[Cite as 09/01/2017 Case Announcements, 2017-
Ohio-7423.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-043. In re Disqualification of Patton, Slip
Opinion No. 2017-Ohio-7410 (decided May 16,
2017).
17-AP-045. In re Disqualification of Binette, Slip
Opinion No. 2017-Ohio-7411 (decided June 1,
2017).
DISCIPLINARY CASES
2017-0732. In re Resignation of Pioch.
Sua sponte, Susan Marie Pioch, Attorney
Registration No. 0012533, last known business
address in Toledo, Ohio, found in contempt for
failure to file her certificate of admission and
failure to file an affidavit of compliance on or
before July 28, 2017.
MISCELLANEOUS DISMISSALS
2017-0854. Cincinnati Reds, L.L.C. v. Testa.
Board of Tax Appeals, No. 2015-1707. Sua
sponte, appellant’s stipulation to extension of time
to file merit brief stricken as untimely pursuant to
S.Ct.Prac.R.
3.03(B)(2). Appellant has not filed a merit brief,
due August 28, 2017, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
August 31, 2017
[Cite as 08/31/2017 Case Announcements, 2017-
Ohio-7387.]
MOTION AND PROCEDURAL RULINGS
2015-1203. Heineman v. Testa. Board of Tax
Appeals, Nos. 2013-1985, 2013-1986, 2013-1987,
2013-1988, 2013-1989, and 2015-268. On joint
motion to remand to the Tax Commissioner.
Motion granted. The cause is remanded to the
Tax Commissioner to take further action as
appropriate.
2017-0752. In re Application of Ohio Power Co.
Public Utilities Commission, Nos. 14-1693-EL-
RDR and 14-1694-EL-AAM. On first appellant’s
motion for leave to file a portion of its supplement
under seal and second appellant’s motion for
leave to file an amended supplement. Motions
granted. The amended supplement shall be filed
within 10 days.
2017-1015. State ex rel. Keith v. Dept. of Rehab.
& Corr. Franklin App. No. 15AP-1080, 2017-Ohio-
4406. On appellant’s motion for mediation referral.
Motion denied. On appellant’s motion for
extension of time to file merit brief and request to
stay pending decision on motion for mediation.
Motion and request denied as moot. Appellant
may file a request or stipulation for extension as
permitted under S.Ct.Prac.R. 3.03(B)(2).
Supreme Court Case Announcement for August
30 , 2017
CASE ANNOUNCEMENTS
August 30, 2017
[Cite as 08/30/2017 Case Announcements, 2017-
Ohio-7379.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-039. In re Disqualification of Holbrook, Slip
Opinion No. 2017-Ohio-7373 (decided Jun. 9,
2017).
17-AP-041. In re Disqualification of Breaux, Slip
Opinion No. 2017-Ohio-7374 (decided Jun. 21,
2017).
MOTION AND PROCEDURAL RULINGS
2017-0938. State v. Froman.
Warren C.P. No. 14CR30398. On amended
motion for stay of execution. Motion granted. No
execution date shall be set while this appeal is
pending.
DISCIPLINARY CASES
2012-1324. Disciplinary Counsel v. Talikka.
On application for termination of probation. The
court finds that respondent has substantially
complied with Gov.Bar R. V(21)(D) and with the
court’s order dated July 10, 2014. The probation
of respondent, Leo Johnny Talikka, Attorney
Registration No. 0006613, last known business
address in Painesville, Ohio, is terminated.
MEDIATION MATTERS
The following cases have been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellants in each case shall file a brief within 40
days, and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07. As provided in S.Ct.Prac.R. 16.07, the
court may dismiss these cases or take other
action if the parties fail to timely file merit briefs.
2017-0161. Kohl’s Illinois, Inc. v. Marion Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2016-138.
2017-0717. Hilliard City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-297.
2017-0814. Huber Heights City Schools Bd. of
Edn. v. Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2359 and 2015-
2360.
Supreme Court Case Announcement for August
29, 2017
CASE ANNOUNCEMENTS
August 29, 2017
[Cite as 08/29/2017 Case Announcements, 2017-
Ohio-7367.]
MOTION AND PROCEDURAL RULINGS
2013-0915. State v. Cepec.
Medina C.P. No. 10CR0588. On motion for
approval/payment of attorney fees by Nathan A.
Ray. Motion granted. The court will consider
Nathan Ray’s application for attorney fees within
30 days.
If Adam M. Van Ho does not submit his
application for attorney’s fees within 15 days, he
will not be entitled to attorney’s fees for his work
on this case.
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. On joint
motion to supplement the record. Motion granted.
The trial court shall file a copy of State’s Exhibit
302-A as part of the supplemental record within
14 days.
MISCELLANOUS DISMISSALS
2017-1174. State ex rel. Bristow v. Richland Cty.
Common Pleas Court.
In Prohibition. On relator’s application for
dismissal. Application granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
August 28, 2017
[Cite as 08/28/2017 Case Announcements, 2017-
Ohio-7354.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 28, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the August 28, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-1622. Disciplinary Counsel v. Hale , 150
Ohio St.3d 1244, 2016-Ohio-5079.
2014-1032. Lutheran Social Servs. of Cent. Ohio
Village Hous., Inc. v. Franklin Cty. Bd. of Revision
, 150 Ohio St.3d 125, 2017-Ohio-900.
2014-1831. Utt v. Lorain Cty. Bd. of Revision , 150
Ohio St.3d 119, 2016-Ohio-8402.
2014-1896. Columbus Bar Assn. v. McCord , 150
Ohio St.3d 81, 2016-Ohio-3298.
2014-1905. Disciplinary Counsel v. Stokes , 150
Ohio St.3d 1244, 2016-Ohio-5128.
2015-0077. State v. Pittman , 150 Ohio St.3d 113,
2016-Ohio-8314.
2015-0613. Cleveland Metro. Bar Assn. v. Schiff ,
150 Ohio St.3d 1231, 2016-Ohio-97.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm. , 150
Ohio St.3d 102, 2016-Ohio-8024.
2015-1310. Cook v. State , 150 Ohio St.3d 96,
2016-Ohio-3415.
2015-1536. Lee v. Weir , 150 Ohio St.3d 110,
2016-Ohio-8104.
2015-1547. Disciplinary Counsel v. Thomas , 150
Ohio St.3d 1233, 2016-Ohio-3334.
2015-1628. Dayton Bar Assn. v. Scaccia , 150
Ohio St.3d 85, 2016-Ohio-3299.
2015-2013. Disciplinary Counsel v. Guinn , 150
Ohio St.3d 92, 2016-Ohio-3351.
2015-2078. Disciplinary Counsel v. Catalfina , 150
Ohio St.3d 98, 2016-Ohio-5126.
2016-0886. In re Resignation of Bodor , 150 Ohio
St.3d 1241, 2016-Ohio-5020.
2016-0951. In re Lindon , 150 Ohio St.3d 1236,
2016-Ohio-4671.
2016-0953. In re Sciortino , 150 Ohio St.3d 1238,
2016-Ohio-4736.
2016-0973. Disciplinary Counsel v. Dickinson ,
150 Ohio St.3d 1245, 2016-Ohio-5343.
2016-1490. Disciplinary Counsel v. Peck , 150
Ohio St.3d 130, 2017-Ohio-2961.
17-AP-025. In re Disqualification of Dellick and
Quinn , 150 Ohio St.3d 1248, 2017-Ohio-5542.
DISCIPLINARY CASES
2015-2053. Disciplinary Counsel v. Alo.
Sua sponte, Mohammed Noure Alo, Attorney
Registration No. 0078288, last known business
address in Columbus, Ohio, found in contempt for
failure to surrender his certificate of admission
and failure to file an affidavit of compliance on or
before August 18, 2017.
2016-1820. Columbus Bar Assn. v. Lindner.
Sua sponte, Kristina Marie Lindner, Attorney
Registration No. 0088516, last known business
address in Dublin, Ohio, found in contempt for
failure to surrender her attorney-registration card
and failure to file an affidavit of compliance on or
before July 21, 2017.
2017-0677. Cleveland Metro. Bar Assn. v.
Butscher.
Sua sponte, Alisa Carol Butscher, Attorney
Registration No. 0066103, last known business
address in Cleveland, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before July 17, 2017.
OHIO CASE ANNOUNCEMENTS
August 28, 2017
[Cite as 08/28/2017 Case Announcements, 2017-
Ohio-7354.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 28, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the August 28, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-1622. Disciplinary Counsel v. Hale , 150
Ohio St.3d 1244, 2016-Ohio-5079.
2014-1032. Lutheran Social Servs. of Cent. Ohio
Village Hous., Inc. v. Franklin Cty. Bd. of Revision
, 150 Ohio St.3d 125, 2017-Ohio-900.
2014-1831. Utt v. Lorain Cty. Bd. of Revision , 150
Ohio St.3d 119, 2016-Ohio-8402.
2014-1896. Columbus Bar Assn. v. McCord , 150
Ohio St.3d 81, 2016-Ohio-3298.
2014-1905. Disciplinary Counsel v. Stokes , 150
Ohio St.3d 1244, 2016-Ohio-5128.
2015-0077. State v. Pittman , 150 Ohio St.3d 113,
2016-Ohio-8314.
2015-0613. Cleveland Metro. Bar Assn. v. Schiff ,
150 Ohio St.3d 1231, 2016-Ohio-97.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm. , 150
Ohio St.3d 102, 2016-Ohio-8024.
2015-1310. Cook v. State , 150 Ohio St.3d 96,
2016-Ohio-3415.
2015-1536. Lee v. Weir , 150 Ohio St.3d 110,
2016-Ohio-8104.
2015-1547. Disciplinary Counsel v. Thomas , 150
Ohio St.3d 1233, 2016-Ohio-3334.
2015-1628. Dayton Bar Assn. v. Scaccia , 150
Ohio St.3d 85, 2016-Ohio-3299.
2015-2013. Disciplinary Counsel v. Guinn , 150
Ohio St.3d 92, 2016-Ohio-3351.
2015-2078. Disciplinary Counsel v. Catalfina , 150
Ohio St.3d 98, 2016-Ohio-5126.
2016-0886. In re Resignation of Bodor , 150 Ohio
St.3d 1241, 2016-Ohio-5020.
2016-0951. In re Lindon , 150 Ohio St.3d 1236,
2016-Ohio-4671.
2016-0953. In re Sciortino , 150 Ohio St.3d 1238,
2016-Ohio-4736.
2016-0973. Disciplinary Counsel v. Dickinson ,
150 Ohio St.3d 1245, 2016-Ohio-5343.
2016-1490. Disciplinary Counsel v. Peck , 150
Ohio St.3d 130, 2017-Ohio-2961.
17-AP-025. In re Disqualification of Dellick and
Quinn , 150 Ohio St.3d 1248, 2017-Ohio-5542.
DISCIPLINARY CASES
2015-2053. Disciplinary Counsel v. Alo.
Sua sponte, Mohammed Noure Alo, Attorney
Registration No. 0078288, last known business
address in Columbus, Ohio, found in contempt for
failure to surrender his certificate of admission
and failure to file an affidavit of compliance on or
before August 18, 2017.
2016-1820. Columbus Bar Assn. v. Lindner.
Sua sponte, Kristina Marie Lindner, Attorney
Registration No. 0088516, last known business
address in Dublin, Ohio, found in contempt for
failure to surrender her attorney-registration card
and failure to file an affidavit of compliance on or
before July 21, 2017.
2017-0677. Cleveland Metro. Bar Assn. v.
Butscher.
Sua sponte, Alisa Carol Butscher, Attorney
Registration No. 0066103, last known business
address in Cleveland, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before July 17, 2017.
Supreme Court Case Announcement for August
25, 2017
CASE ANNOUNCEMENTS
August 25, 2017
[Cite as 08/25/2017 Case Announcements, 2017-
Ohio-7336.]
MOTION AND PROCEDURAL RULINGS
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. On consideration of the joint status report,
stay of the briefing schedule extended. The
parties shall notify the court within 180 days of the
status and whether the stay may be lifted.
2014-1633. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. On consideration of the joint status report,
stay of the briefing schedule extended. The
parties shall notify the court within 180 days of the
status and whether the stay may be lifted.
2016-0696. State v. Apanovitch.
Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. On motions for admission pro hac vice
of Harry Cohen and Michael Robles. Motions
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission with the Supreme
Court’s Office of Attorney Services within 30 days.
2017-0200. State v. Mason.
Marion App. No. 9-16-34, 2016-Ohio-8400. On
appellant’s motion for appointment of counsel.
Motion granted. Kort Gatterdam and Todd
Anderson are appointed to represent appellant.
2017-0412. In re Application of Black Fork Wind
Energy, L.L.C.
Power Siting Board, No. 10-8265-EL-BGN. On
motion of intervening appellee to supplement the
record. Motion granted. The Power Siting Board
shall supplement
the record in this case within 14 days with the
record from the September 12, 2014 amendment
application in Ohio Power Siting Board Case No.
14-1591-EL-BGA.
The briefing schedule in this case is stayed until
the clerk of court files the supplemental record.
Upon filing of the supplemental record, the
briefing schedule shall resume. Appellants shall
file a merit brief within 40 days of the filing date of
the supplemental record, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07.
OHIO CASE ANNOUNCEMENTS
August 21, 2017
[Cite as 08/21/2017 Case Announcements, 2017-
Ohio-7269.]
MOTION AND PROCEDURAL RULINGS
2017-0662. State v. Asadi-Ousley.
Cuyahoga App. No. 104267, 2017-Ohio-2652. On
appellee’s motion to withdraw motion to stay as
moot. Motion granted.
MISCELLANEOUS DISMISSALS
2017-1057. State ex rel. Davila v. Cuyahoga Cty.
Bd. of Elections.
In Mandamus. On joint application for dismissal.
Application granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
August 14, 2017
[Cite as 08/14/2017 Case Announcements, 2017-
Ohio-7205.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 14, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the August 14, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-0943. In re C.R. , 150 Ohio St.3d 19, 2016-
Ohio-5450.
2014-0989. State v. Roberts , 150 Ohio St.3d 47,
2017-Ohio-2998.
2014-1394. Cleveland Metro. Bar Assn. v. Sleibi ,
150 Ohio St.3d 1213, 2017-Ohio-919.
2014-1759. In re M.W. , 150 Ohio St.3d 20, 2016-
Ohio-5452.
2014-1860. In re J.O. , 150 Ohio St.3d 20, 2016-
Ohio-5453.
2015-0293. Disciplinary Counsel v. Williams , 150
Ohio St.3d 1214, 2017-Ohio-920.
2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of
Revision , 150 Ohio St.3d 69, 2017-Ohio-4002.
2015-0742. Toledo Bar Assn. v. Harvey , 150 Ohio
St.3d 74, 2017-Ohio-4022.
2015-0774. State v. Mohammad , 150 Ohio St.3d
25, 2016-Ohio-8362.
2015-0800. State ex rel. Scott v. Streetsboro , 150
Ohio St.3d 1, 2016-Ohio-3308.
2015-1177. State ex rel. Ralios v. Iannotta , 150
Ohio St.3d 7, 2016-Ohio-3309.
2015-1259. State v. Mobarak , 150 Ohio St.3d 26,
2016-Ohio-8372.
2015-1364. State ex rel. Rackley v. Sloan , 150
Ohio St.3d 11, 2016-Ohio-3416.
2015-1477. State ex rel. Jackson v. Sloan , 150
Ohio St.3d 14, 2016-Ohio-5106.
2015-1497. State ex rel. McQueen v. Weibling-
Holliday , 150 Ohio St.3d 17, 2016-Ohio-5107.
2015-1615. State ex rel. Bevins v. Cooper , 150
Ohio St.3d 22, 2016-Ohio-5578.
2015-1893. State v. Bell , 150 Ohio St.3d 23,
2016-Ohio-7560.
2015-1977. In re J.N. , 150 Ohio St.3d 21, 2016-
Ohio-5457.
2015-2003. Trumbull Cty. Bar Assn. v. Masek ,
150 Ohio St.3d 9, 2016-Ohio-3350.
2016-0118. State v. Jackson , 150 Ohio St.3d 27,
2016-Ohio-8363.
2016-0179 and 2016-0201. State v. Mustafa , 150
Ohio St.3d 28, 2016-Ohio-8364.
2016-0259. Disciplinary Counsel v. Simmonds ,
150 Ohio St.3d 1201, 2017-Ohio-831.
2016-0271. State v. Polk , 150 Ohio St.3d 29,
2017-Ohio-2735.
2016-0808. Lorain Cty. Bar Assn. v. Provenza ,
150 Ohio St.3d 1227, 2016-Ohio-3254.
2016-1168 and 2016-1297. State v. Mobarak , 150
Ohio St.3d 28, 2016-Ohio-8368.
2016-1496. Disciplinary Counsel v. Hoskins , 150
Ohio St.3d 41, 2017-Ohio-2924.
2017-0193. Cincinnati Bar Assn. v. May , 150
Ohio St.3d 1206, 2017-Ohio-863.
2017-0210. Disciplinary Counsel v. Edmonson ,
150 Ohio St.3d 1209, 2017-Ohio-864.
2017-0280. Disciplinary Counsel v. Jackson , 150
Ohio St.3d 1215, 2017-Ohio-1051.
2017-0341. Mahoning Cty. Bar Assn. v. Verkhlin ,
150 Ohio St.3d 1218, 2017-Ohio-1237.
2017-0359. Disciplinary Counsel v. Lech , 150
Ohio St.3d 1224, 2017-Ohio-2737.
2017-0403. In re Resignation of Reed , 150 Ohio
St.3d 1220, 2017-Ohio-1344.
17-AP-006. In re Disqualification of Tenth Dist.
Court of Appeals, 150 Ohio St.3d 1203, 2017-
Ohio-1434.
17-AP-019. In re Disqualification of Jamison, 150
Ohio St.3d 1212, 2017-Ohio-1436.
CLE-2005-68789. In re Continuing Legal Edn.
Suspension of Squires, 150 Ohio St.3d 1223,
2017-Ohio-2626.
In re Cases Held for the Decision in State v.
Thomas, 150 Ohio St.3d 24, 2016-Ohio-7561.
MOTION AND PROCEDURAL RULINGS
2017-0228. Scaglione v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals Nos. 2016-532, 2016-533,
2016-536, 2016-1331, and 2016-1335. On
appellee’s motion to dismiss. Motion denied as
moot.
MISCELLANEOUS DISMISSALS
2017-0423. In re R.H.
Cuyahoga App. No. 104455, 2017-Ohio-467. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
2017-0783. State v. Collopy.
Coshocton App. No. 2016CA0010, 2017-Ohio-
1397. On appellant’s application for dismissal.
Application granted. Cause dismissed.
2017-1056. State ex rel. Janis v. Streetsboro City
Council.
In Mandamus. On relator’s application for
dismissal. Application granted. Cause dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation under S.Ct.Prac.R. 19.01.
2017-1026. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2010-3563.
2017-1054. State ex rel. Hunter v. Youngstown
City School Dist.
In Mandamus.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01.
The appellant shall file a brief within 40 days, and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss this case or take other action if the parties
fail to timely file merit briefs.
2017-0655. Great Lakes Bar Control, Inc. v. Testa.
Board of Tax Appeals, No. 2016-34.
The following case has been returned to the
regular docket under S.Ct.Prac.R. 19.01.
Respondents shall file a response to the
complaint within 21 days.
2017-0874. State ex rel. Kaplan v. Bozza.
In Mandamus.
Board of Professional Conduct Concludes Dual
Employment of Specialized Docket Employees
Prohibited
Staff Report | August 11, 2017
The Board of Professional Conduct today issued
an advisory opinion concerning the dual
employment of court employees in both a
specialized drug court and a nonprofit drug
treatment center under contract with the court.
In Advisory Opinion 2017-6 the Board concludes
that the dual employment is ordinarily prohibited
under the Ohio Ethics Law and raises issues
under the Ohio Code of Judicial Conduct. Such an
employment arrangement creates a prohibited
financial interest in a public contract under R.C.
2921.42(A), unless the court employee is able to
prove that the exception in 2921.42(C) is satisfied.
Under the judicial conduct code, the dual
employment can impact the independence,
integrity, and impartiality of the judge and raise an
appearance of impropriety that necessitates
disqualification.
In response to a second question, the Board
concludes that a court employee may not engage
in fundraising for the nonprofit drug treatment
center. Citing an earlier Board opinion and an
opinion issued by the American Bar Association,
the Board concludes that the code prohibits a
court employee from soliciting funds on behalf of
a nonprofit organization that contracts with the
court to provide drug treatment services.
Advisory Opinions of the Board of Professional
Conduct are nonbinding opinions in response to
prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the
Government of the Bar of Ohio, the Supreme
Court Rules for the Government of the Judiciary,
the Ohio Rules of Professional Conduct, the Ohio
Code of Judicial Conduct, and the Attorney’s Oath
of Office.
OHIO CASE ANNOUNCEMENTS
August 10, 2017
[Cite as 08/10/2017 Case Announcements, 2017-
Ohio-7158.]
MOTION AND PROCEDURAL RULINGS
2017-0483. State v. Moore.
Erie App. No. E-16-030, 2017-Ohio-673. On
motion to withdraw as counsel for appellee.
Motion granted. On appellee’s motion for
appointment of counsel. Motion granted. The Ohio
Public Defender is appointed to represent
appellee. The Ohio Public Defender shall file an
affidavit of indigence, executed by appellee, within
30 days.
2017-0858. Clarkwestern Dietrich Bldg. Sys.,
L.L.C. v. Certified Steel Stud Assn., Inc.
Butler App. No. CA2016-06-113, 2017-Ohio-2713.
On motion for admission pro hac vice of Anthony
Cillo. Motion granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice of permission
with the Supreme Court’s Office of Attorney
Services within 30 days.
DISCIPLINARY CASES
2016-1333. Disciplinary Counsel v. Brumbaugh.
On certification of default. Jeffrey Shane
Brumbaugh, Attorney Registration No. 0074102,
last known business address in Troy, Ohio, found
in contempt for failure to file an affidavit of
compliance on or before June 26, 2017.
2017-0663. Dayton Bar Assn. v. Wilcoxson.
On application for reinstatement. Clinton Ralph
Wilcoxson, Attorney Registration No. 0061974,
reinstated to the practice of law.
Supreme Court Case Announcement for August
9, 2017
CASE ANNOUNCEMENTS
August 9, 2017
[Cite as 08/09/2017 Case Announcements, 2017-
Ohio-7144.]
MISCELLANEOUS DISMISSALS
2016-0094. State ex rel. Harborside of Cleveland
Ltd. Partnership v. Indus. Comm.
Franklin App. No. 14AP-1012, 2015-Ohio-5517.
On appellant’s application for dismissal.
Application granted. Cause dismissed.
2017-0928. Patterson v. Cincinnati Ins. Cos.
Cuyahoga App. No. 104371, 2017-Ohio-2981. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
Supreme Court Case Announcement for August
3, 2017
CASE ANNOUNCEMENTS
August 3, 2017
[Cite as 08/03/2017 Case Announcements, 2017-
Ohio-7056.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-100. In re Disqualification of O’Toole, Slip
Opinion No. 2017-Ohio-7053 (decided Jan. 26,
2017).
17-AP-016. In re Disqualification of Patton, Slip
Opinion No. 2017-Ohio-7054 (decided Apr. 5,
2017).
17-AP-027. In re Disqualification of Gallagher, Slip
Opinion No. 2017-Ohio-7055 (decided Apr. 7,
2017).
Supreme Court Case Announcement for August
2, 2017
CASE ANNOUNCEMENTS
August 2, 2017
[Cite as 08/02/2017 Case Announcements, 2017-
Ohio-7040.]
MOTION AND PROCEDURAL RULINGS
2017-0146. State v. Runyon.
Butler App. No. CA2016-06-120, 2016-Ohio-8230.
On appellant’s motion to submit. Motion denied as
moot.
2017-0830. State ex rel. Arnold v. Gallagher.
Cuyahoga App. No. 105351, 2017-Ohio-4076. On
appellant’s motions to direct supplementation of
the record. Motions denied.
Supreme Court Case Announcement for August
1, 2017
CASE ANNOUNCEMENTS
August 1, 2017
[Cite as 08/01/2017 Case Announcements, 2017-
Ohio-7030.]
MOTION AND PROCEDURAL RULINGS
2017-0044. Westerville City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2016-302 and 2016-
422. On joint motion to remand the appeal to the
Board of Tax Appeals. Cause remanded to the
Board of Tax Appeals to take further action as
appropriate.
DISCIPLINARY CASES
2016-0845. Cleveland Metro. Bar Assn. v. King.
Sua sponte, Matthew Joseph King, Attorney
Registration No. 0067189, last known business
address in Cleveland, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before June 22, 2017.
2016-1496. Disciplinary Counsel v. Hoskins.
Sua sponte, Robert Hansford Hoskins, Attorney
Registration No. 0068550, last known business
address in Cincinnati, Ohio, found in contempt for
failure to surrender his certificate of admission
and failure to file an affidavit of compliance on or
before June 22, 2017.
Supreme Court Case Announcement for July 31,
2017
CASE ANNOUNCEMENTS
July 31, 2017
[Cite as 07/31/2017 Case Announcements, 2017-
Ohio-7010.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JULY 31, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the July 31, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-1157. State ex rel. James v. Wal-Mart
Stores, Inc., 149 Ohio St.3d 700, 2017-Ohio-
1426.
2014-2008, 2014-2009, and 2014-2010. Dauch v.
Erie Cty. Bd. of Revision, 149 Ohio St.3d 691,
2017-Ohio-1412.
2015-0078. Groveport Madison Local Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision, 149 Ohio
St.3d 716, 2017-Ohio-1428.
2015-0612. State ex rel. Miller v. Pinkney, 149
Ohio St.3d 662, 2017-Ohio-1335.
2015-1003. Cincinnati Bar Assn. v. Hoskins, 149
Ohio St.3d 645, 2016-Ohio-4576.
2015-1581. Ohio Patrolmen’s Benevolent Assn. v.
Findlay, 149 Ohio St.3d 718, 2017-Ohio-2804.
2015-1841. State ex rel. Marsh v. Tibbals, 149
Ohio St.3d 656, 2017-Ohio-829.
2016-0252. State ex rel. Bradford v. Dinkelacker,
149 Ohio St.3d 683, 2017-Ohio-1342.
2016-0646. Johnson v. Moore, 149 Ohio St.3d
716, 2017-Ohio-2792.
2016-0750. Perry v. Sloan, 149 Ohio St.3d 690,
2017-Ohio-1404.
2016-0812. State ex rel. Dailey v. Dawson, 149
Ohio St.3d 685, 2017-Ohio-1350.
2016-0837. State ex rel. Samarghandi v. Ferenc,
149 Ohio St.3d 698, 2017-Ohio-1413.
2016-0962. State ex rel. Thomas v. Richard, 149
Ohio St.3d 712, 2017-Ohio-1343.
2016-1187. Johnson v. Madison Cty. Court of
Common Pleas, 149 Ohio St.3d 730, 2017-Ohio-
2805.
2016-1487. Disciplinary Counsel v. Denslow, 149
Ohio St.3d 714, 2017-Ohio-1429.
2016-1829. Disciplinary Counsel v. Miller, 149
Ohio St.3d 731, 2017-Ohio-2821.
2017-0425. In re Resignation of Eynon, 149 Ohio
St.3d 1277, 2017-Ohio-2742.
DISCIPLINARY CASES
2016-1913. Ohio State Bar Assn. v. Pro-Net Fin.,
Inc.
On motion of the Board on the Unauthorized
Practice of Law to supplement the record. Motion
denied.
MISCELLANEOUS DISMISSALS
2017-0948. State ex rel. Davila v. Cuyahoga Cty.
Bd. of Elections.
In Mandamus. Relator has not filed his evidence
and brief, due July 27, 2017, in compliance with
the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence. Cause
dismissed.
Supreme Court Case Announcement for July 27,
2017
CASE ANNOUNCEMENTS
July 27, 2017
[Cite as 07/27/2017 Case Announcements, 2017-
Ohio-6977.]
MERIT DECISIONS WITH OPINIONS
2015-0192. State v. D.B. , Slip Opinion No. 2017-
Ohio-6952.
Montgomery App. No. 25859, 2014-Ohio-4858
and 2014-Ohio-5368. Motion for reconsideration
granted and judgment reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents, with an opinion.
2016-0564. Gyugo v. Franklin Cty. Bd. of Dev.
Disabilities , Slip Opinion No. 2017-Ohio-6953.
Franklin App. No. 15AP-150, 2016-Ohio-823.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1375. Patrick v. Bunting , Slip Opinion No.
2017-Ohio-6954.
Marion App. No. 9-16-31. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
2016-1465. Swain v. Harris , Slip Opinion No.
2017-Ohio-6962.
Warren App. No. CA2016-08-069. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1495. Cleveland Metro. Bar Assn. v. Heben ,
Slip Opinion No. 2017-Ohio-6965.
On Certified Report by the Board of Professional
Conduct, No. 2015-061. Edward Joseph Heben,
Attorney Registration No. 0029052, last known
business address in Cleveland, Ohio, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed.
O’Donnell, Kennedy, French, O’Neill, and
DeWine, JJ., concur.
O’Connor, C.J., and Fischer, J., dissent and would
suspend respondent for one year with six months
stayed.
2017-0226. Lorain Cty. Bar Assn. v. Williamson ,
Slip Opinion No. 2017-Ohio-6963.
On Certified Report by the Board of Professional
Conduct, No. 2016-031. Anisa Asha Muriell
Williamson, Attorney Registration No. 0083358,
last known business address in Cincinnati, Ohio,
is hereby publicly reprimanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and Fischer, JJ., concur.
DeWine, J., concurs in judgment only.
DISCIPLINARY CASES
1999-2187. Columbus Bar Assn. v. Link.
On respondent’s application for reinstatement.
Application denied.
MISCELLANEOUS DISMISSALS
2016-1239. State ex rel. Bradford v. Schweitzer.
Warren App. No. CA2016-05-042. On appellant’s
application for dismissal. Application granted.
Cause dismissed.
2016-1513. In re Hamilton v. Internatl. Union of
Operating Engineers, Local 20.
Butler App. No. CA2016-03-054, 2016-Ohio-5565.
Appellant has not filed a merit brief, due July 17,
2017, and has failed to prosecute this cause with
the requisite diligence. Cause dismissed.
2017-0228. Scaglione v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2016-532, 2016-533,
2016-536, 2016-1331, and 2016-1335. Appellant
has not filed a merit brief, due July 17, 2017, and
has failed to prosecute this cause with the
requisite diligence. Cause dismissed.
2017-0908. State ex rel. The Cincinnati Enquirer
v. Ghiz.
In Mandamus and Prohibition. On relator’s
application for dismissal. Application granted.
Cause dismissed.
MEDIATION MATTERS
2017-0297. Greenway Ohio, Inc. v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2016-2531. This case
is returned to the regular docket under
S.Ct.Prac.R. 19.01(E). Appellant/cross-appellee
shall file a brief within 40 days, and the parties
shall otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss this
case or take other action if the parties fail to timely
file merit briefs.
Supreme Court Case Announcement for July 26,
2017
CASE ANNOUNCEMENTS
July 26, 2017
[Cite as 07/26/2017 Case Announcements, 2017-
Ohio-6964.]
MERIT DECISIONS WITH OPINIONS
2015-1549. Dayton v. State , Slip Opinion No.
2017-Ohio-6909.
Montgomery App. No. 26643, 2015-Ohio-3160.
Judgment reversed.
O’Connor, C.J., and Baldwin and Fischer, JJ.,
concur.
French, J., concurs, with an opinion joined by
Kennedy, J.
O’Neill, J., dissents, with an opinion.
DeWine, J., dissents, with an opinion joined by
O’Neill, J.
Craig R. Baldwin, J., of the Fifth District Court of
Appeals, sitting for O’Donnell, J.
2016-0741. State ex rel. Peterson v. McClelland ,
Slip Opinion No. 2017-Ohio-6922.
Cuyahoga App. No. 103918, 2016-Ohio-1549.
Judgment affirmed.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., concurs in judgment only.
2016-0921. State ex rel. Burroughs v. Hwy. Patrol
Retirement Sys. Bd. , Slip Opinion No. 2017-Ohio-
6923.
Franklin App. No. 15AP-89, 2016-Ohio-2808.
Judgment reversed and writ denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-0824. State ex rel. Petric v. Bracy.
In Habeas Corpus. Sua sponte, cause dismissed.
On petitioner’s application for declaratory
judgment. Application denied. On petitioner’s
motion to lift stay. Motion granted. On petitioner’s
motion for summary judgment. Motion denied. On
petitioner’s motions to withdraw and motion to
reinstate. Motions denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0199. State ex rel. Prichard v. Erdos.
In Habeas Corpus. Sua sponte, cause dismissed.
On petitioner’s motion to issue habeas corpus
forthwith. Motion denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0328. Carner v. Bracy.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0545. Lentz v. Dept. of Rehab. & Corr. Bur.
of Sentence Computation.
In Mandamus. On relator’s motion to stay. Motion
denied. On respondent’s motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
Fischer, and DeWine, JJ., concur.
French, J., dissents in part and would deny the
motion to dismiss and grant an alternative writ.
2017-0549. Rash v. Fifth Dist. Court of Appeals.
In Mandamus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0605. Carman v. Pinkney.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0615. Harris v. Bracy.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0619. Harmon v. Hoffman.
In Mandamus and Prohibition. On respondents’
motion to dismiss. Motion granted. Cause
dismissed. On relator’s motion to strike. Motion
denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0625. Bell v. Hamilton Cty. Courthouse.
In Mandamus. On respondent’s motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0626. State ex rel. Hillman v. Franklin Cty.
Appellate Court Judges.
In Prohibition. On relator’s motion for leave to
supplement complaint. Motion denied. On
respondents’ motion to dismiss. Motion granted.
Cause dismissed. On relator’s request to relieve
him from electronic filing. Request denied. On
respondents’ motion to stay discovery. Motion
denied.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
Fischer, and DeWine, JJ., concur.
French, J., concurs in part and dissents in part
and would grant relator’s motion to leave to
supplement complaint.
2017-0644. Harris v. Haas.
In Procedendo. On respondent’s motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0671. State ex rel. Armstrong v.
Shaughnessy.
In Mandamus and Prohibition. On respondent’s
motion to dismiss. Motion granted. Cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0707. Kerr v. Turner.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
2017-0708. State v. Hill.
Trumbull App. No. 2016-T-0099. On appellee’s
motion to dismiss appeal as improvidently filed.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1998-1474. State v. Coley.
Lucas C.P. No. CR971449. On appellant’s motion
for order or relief. Motion denied.
2003-0647. State v. Conway.
Franklin C.P. No. 02CR1153. On appellant’s
amended application for reopening pursuant to
S.Ct.Prac.R. 11.06. Application denied.
French, J., not participating.
2015-0494. Cox v. Dayton Pub. Schools Bd. of
Edn.
Montgomery App. No. 26382, 2015-Ohio-620. On
appellee’s motion for cause. Motion denied.
2016-1629. Thomasson v. Thomasson.
Cuyahoga App. No. 104579. On guardian ad
litem’s motion for leave to intervene. Motion
denied.
Fischer, J., dissents.
2017-0239. Sudberry v. Schweitzer.
In Habeas Corpus. On petitioner’s supplemental
joinder of claims motion. Motion denied.
2017-0254. Ohio Performance Academy, Inc. v.
Testa.
Board of Tax Appeals, Nos. 2015-1752 and 2015-
1753. On appellants’ amended motion to avoid
dismissal and for reinstatement. Motion denied.
O’Neill, J., dissents.
2017-0346. State ex rel. O’Malley v. Collier-
Williams.
In Mandamus and Prohibition. On respondent’s
motion to dismiss. Motion denied.
On motion for leave to intervene as respondent.
Motion granted. On intervening respondent’s
motion to dismiss or for judgment on the
pleadings. Motion denied.
An alternative writ of prohibition is granted, and
the following briefing schedule is set for
presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05. The parties shall
file any evidence they intend to present within 20
days; relator shall file a brief within ten days of the
filing of the evidence; respondent shall file a brief
within 20 days after the filing of relator’s brief; and
relator may file a reply brief within seven days
after the filing of respondent’s brief.
DeWine, J., would grant a peremptory writ of
prohibition.
2017-0532. State ex rel. Cobb v. Ohio Adult
Parole Auth.
Franklin App. No. 16AP-199, 2017-Ohio-1170. On
appellant’s motion for stay of cost collection order.
Motion denied.
2017-0664. State v. Murray.
Highland App. No. 16CA24, 2017-Ohio-1293. On
review of an order certifying a conflict. The court
determines that a conflict exists. Sua sponte,
cause held for decision in 2016-1652, State v.
Brown, and briefing schedule stayed.
O’Neill and DeWine, JJ., dissent.
2017-0674. State v. McCain.
Montgomery App. No. 26755. On appellant’s
motion for leave to file delayed appeal. Motion
denied.
2017-0675. State v. Edmonds.
Cuyahoga App. No. 104528, 2017-Ohio-745. On
appellant’s motion for leave to file delayed appeal.
Motion denied.
O’Neill, J., dissents.
2017-0679. State v. Merriweather.
Butler App. No. CA2016-04-077, 2017-Ohio-421.
On appellant’s motion for leave to file delayed
appeal. Motion denied.
O’Neill and DeWine, JJ., dissent.
2017-0687. State v. Madison.
Franklin App. No. 15AP-994, 2016-Ohio-7127. On
appellant’s motion for leave to file delayed appeal.
Motion denied.
2017-0693. Elliott-Thomas v. Smith.
Trumbull App. No. 2015-T-0007, 2017-Ohio-702.
On review of an order certifying a conflict. The
court determines that a conflict exists. The parties
are ordered to brief the issue stated at page 5 of
the court of appeals’ entry filed May 4, 2017:
“Does the tort of intentional interference with or
destruction of evidence include claims alleging
interference with or concealment of evidence that
disrupt a plaintiff’s underlying case? Or, is the tort
of intentional interference with or destruction of
evidence limited to claims that allege evidence is
physically altered or destroyed?”
The conflict cases are O’Brien v. Olmsted Falls,
8th Dist. Cuyahoga Nos. 89966 and 90336, 2008-
Ohio-2658, Allstate Ins. Co. v. QED Consultants,
5th Dist. Knox No. 09CA14, 2009-Ohio-4896, and
McGuire v. Draper, Hollenbaugh & Briscoe Co.,
L.P.A., 4th Dist. Highland No. 01CA21, 2002-
Ohio-6170.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
court of appeals for Trumbull County.
O’Donnell and Kennedy, JJ., dissent.
2017-0696. Portage Cty. Bd. of Dev. Disabilities v.
Portage Cty. Educators’ Assn. for Dev. Disabilities.
Portage App. No. 2016-P-0032, 2017-Ohio-888.
On review of an order certifying a conflict. The
court determines that a conflict exists. The parties
are ordered to brief the issue stated at page 4 of
the court of appeals’ entry filed May 1, 2017:
“What standard of review governs appellate
review of a decision by the court of common pleas
confirming, modifying, vacating, or correcting an
arbitration award?”
The conflict cases are Cleveland State Univ. v.
Fraternal Order of Police, Ohio Labor Council,
Inc., 8th Dist. Cuyahoga No. 99868, 2014-Ohio-
304, and In re Hamilton v. Intl. Union of Operating
Engineers, Local 20, 12th Dist. Butler No.
CA2016-03-054, 2016-Ohio-5565.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
court of appeals for Portage County.
O’Donnell, Kennedy, and French, JJ., dissent.
2017-0698. State v. Johnson.
Hamilton App. No. C-160242, 2017-Ohio-1148.
On appellant’s motion for leave to file delayed
appeal. Motion denied.
O’Neill, J., dissents.
Fischer, J., not participating.
2017-0724. State v. Johnson.
Stark App. No. 2016CA00069, 2016-Ohio-8261.
On appellant’s motion for leave to file delayed
appeal. Motion denied.
Fischer and DeWine, JJ., dissent.
2017-0742. State v. Anderson.
Cuyahoga App. No. 104460, 2017-Ohio-931. On
appellant’s motion for leave to file delayed appeal.
Motion granted. Appellant shall file a
memorandum in support of jurisdiction within 30
days.
O’Donnell, French, and DeWine, JJ., dissent.
2017-0763. State v. Haddox.
Erie App. No. E-15-017, 2016-Ohio-3368. On
motion for leave to file delayed appeal. Motion
denied.
DeWine, J., dissents.
2017-0764. State v. Lee.
Richland App. No. 15-CA-52, 2016-Ohio-1045.
On motion for leave to file delayed appeal. Motion
denied.
2017-0765. State v. McCort.
Muskingum App. No. CT2016-0019, 2017-Ohio-
590. On motion for leave to file delayed appeal.
Motion denied.
2017-0766. State v. Patterson.
Cuyahoga App. No. 104266, 2017-Ohio-1444. On
motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days.
O’Connor, C.J., dissents.
2017-0774. State v. Fetherolf.
Union App. Nos. 14-16-10 and 14-16-11, 2017-
Ohio-1316. On motion for leave to file delayed
appeal. Motion granted. Appellant shall file a
memorandum in support of jurisdiction within 30
days.
O’Connor, C.J., and O’Donnell, J., dissent.
2017-0783. State v. Collopy.
Coshocton App. No. 2016CA0010, 2017-Ohio-
1397. On motion for leave to file delayed appeal.
Motion granted. Appellant shall file a
memorandum in support of jurisdiction within 30
days.
O’Connor, C.J., and O’Donnell and French, JJ.,
dissent.
APPEALS ACCEPTED FOR REVIEW
2016-0696. State v. Apanovitch.
Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. Discretionary appeal accepted on
proposition of law Nos. I, III, and IV.
O’Donnell, Kennedy and O’Neill, JJ., would also
accept the appeal on proposition of law No. II.
O’Connor, C.J., and French and DeWine, JJ.,
concur in part and dissent in part and would
accept the appeal on proposition of law No. IV
only.
2016-1584. Kolosai v. Azem. Cuyahoga App. No.
102920, 2016-Ohio-5831.
O’Connor, C.J., and O’Neill and Fischer, JJ.,
dissent.
2016-1848. State v. Paige.
Cuyahoga App. No. 104109, 2016-Ohio-7615.
O’Connor, C.J., dissents in part and would accept
the appeal on proposition of law No. I only.
2017-0039. In re Adoption of M.G.B.-E.
Clinton App. No. CA2016-06-017, 2016-Ohio-
7912. Discretionary appeal accepted on
proposition of law No. I.
O’Donnell, Kennedy, and O’Neill, JJ., would also
accept the appeal on proposition of law No. II.
O’Connor, C.J., French and DeWine, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1802. BankUnited v. Klug.
Lorain App. No. 16CA010923, 2016-Ohio-5769.
2016-1804. In re G.S.
Summit App. No. 28050, 2016-Ohio-7471.
2016-1810. State v. Smith.
Cuyahoga App. No. 104632, 2016-Ohio-7898.
Kennedy and DeWine, JJ., dissent.
French, J., dissents and would vacate and
remand the cause to the court of appeals for
application of State v. Grimes, ___ Ohio St.3d
___, 2017-Ohio-2927, ___ N.E.2d ___.
2016-1817. State v. Smith.
Delaware App. No. 15CAA0077, 2016-Ohio-7566.
2016-1825. GMS Mgt. Co., Inc. v. Ohio Civ. Rights
Comm.
Cuyahoga App. No. 103941, 2016-Ohio-7486.
O’Donnell, J., dissents.
2016-1826. State v. Tate.
Cuyahoga App. No. 103446, 2016-Ohio-5622.
2016-1842. In re S.J.
Shelby App. Nos. 17-16-16 and 17-16-17, 2016-
Ohio-7540.
O’Neill, J., dissents.
2016-1843. State v. Glenn.
Hamilton App. No. C-150515.
O’Neill, J., dissents.
Fischer, J., not participating.
2016-1851. State v. Sutton.
Cuyahoga App. No. 103931, 2016-Ohio-7612.
2016-1852. Hirsi v. Davis Creek Auto Sales.
Franklin App. No. 15AP-415, 2016-Ohio-7569.
2016-1859. Bank of New York Mellon v. Broyles.
Mahoning App. No. 16 MA 0093.
2016-1860. State v. Miller.
Cuyahoga App. No. 103591, 2016-Ohio-7606.
2016-1864. State v. Gannon.
Cuyahoga App. Nos. 103909, 103910, and
103911, 2016-Ohio-7610.
2016-1865. State v. Vinson.
Cuyahoga App. No. 103329, 2016-Ohio-7604.
2016-1866. Fox Consulting Group, Inc. v. Spartan
Warehouse & Distrib., Inc.
Hamilton App. No. C-160251, 2016-Ohio-7621.
Fischer and DeWine, JJ., not participating.
2016-1867. State v. Gornall.
Ashland App. No. 16-COA-002, 2016-Ohio-7599.
2016-1876. Premier Therapy, L.L.C. v. Childs.
Columbiana App. Nos. 2014 CO 0048 and 2015
CO 0028, 2016-Ohio-7934. Appeal and cross-
appeal not accepted.
Fischer, J., dissents and would accept the appeal
on proposition of law No. II.
2016-1877. State v. Jackson.
Lorain App. No. 15CA010828, 2016-Ohio-7637.
2016-1878. State v. Gambs.
Stark App. No. 2015CA00087, 2016-Ohio-7860.
2016-1879. Alhamarshah v. Salem.
Franklin App. No. 15AP-1087, 2016-Ohio-7668.
2016-1880. Mattress Matters, Inc. v. Trunzo.
Cuyahoga App. No. 104249, 2016-Ohio-7723.
2016-1883. Chase Home Fin., L.L.C. v. Gau.
Ashtabula App. No. 2015-A-0048, 2016-Ohio-
7646.
2016-1884. Jones v. Williams.
Hamilton App. No. C-160534.
Fischer and DeWine, JJ., not participating.
2016-1889. In re S.B.
Richland App. No. 16CA27, 2016-Ohio-7732.
O’Donnell, J., dissents.
2016-1896. State v. Vanausdal.
Shelby App. No. 17-16-06, 2016-Ohio-7735.
2016-1900. State v. Gillispie.
Montgomery App. No. 26965, 2016-Ohio-7688.
2016-1901. State v. Howell.
Delaware App. No. 15 CAA 12 0098, 2016-Ohio-
7749.
2016-1902. State v. Ramos.
Cuyahoga App. No. 103596, 2016-Ohio-7685.
O’Neill, J., dissents.
DeWine, J., dissents and would accept the cause
on proposition of law No. II.
2016-1909. State v. New.
Lorain App. No. 15CA010754, 2016-Ohio-7730.
O’Neill, J., dissents.
2017-0015. In re J.S.
Butler App. Nos. CA2016-07-0141 and CA2016-
07-0142.
2017-0016. State v. Stanford.
Hamilton App. No. C-160198.
Fischer and DeWine, JJ., not participating.
2017-0027. State v. Hall.
Hamilton App. Nos. C-160204, C-160205, C-
160211, and C-160212.
Fischer, J., not participating.
2017-0054. State v. Taylor.
Summit App. No. 28091, 2016-Ohio-7953.
2017-0396. State v. McCreery.
Lawrence App. No. 16CA17, 2017-Ohio-988.
2017-0405. State v. Cook.
Hamilton App. No. C-150467.
2017-0416. State v. Short.
Richland App. No. 2016CA0058.
2017-0418. State v. Cassell.
Highland App. No. 16CA0015.
2017-0426. State ex rel. Reeves v. Sloan.
Ashtabula App. No. 2016-A-0038, 2017-Ohio-619.
2017-0429. State v. Vaughan.
Delaware App. No. 16 CAA 0026, 2017-Ohio-583.
2017-0440. State v. Asadi-Ousley.
Cuyahoga App. No. 104714 and 105103, 2017-
Ohio-937.
2017-0451. State v. Berry.
Gallia App. No. 16CA13.
2017-0465. State v. Black.
Cuyahoga App. No. 104830, 2017-Ohio-977.
2017-0476. State v. Banks.
Seneca App. No. 13-16-24.
2017-0478. State v. Massey.
Lake App. No. 2016-L-030, 2017-Ohio-706.
2017-0479. JPMorgan Chase Bank, N.A. v.
Liggins.
Franklin App. No. 15AP-242, 2016-Ohio-3528.
French, J., not participating.
2017-0480. Shaker Hts. v. El-Bey.
Cuyahoga App. No. 104236, 2017-Ohio-929.
2017-0482. State v. Clark.
Mahoning App. No. 16 MA 0121, 2017-Ohio-899.
2017-0495. State v. Moncrief.
Franklin App. No. 16AP-437, 2017-Ohio-722.
French, J., not participating.
2017-0496. State v. Johnson.
Delaware App. No. 16 CAA 10 0046, 2017-Ohio-
111.
2017-0497. State v. Johnson.
Delaware App. No. 16CAA080037, 2016-Ohio-
8614.
2017-0499. State v. Johnson.
Delaware App. No. 16 CAA 100045, 2017-Ohio-
111.
2017-0504. State v. Robinson.
Cuyahoga App. No. 105487
2017-0507. Barton v. Barton.
Greene App. No. 2016-CA-12, 2017-Ohio-980.
2017-0508. State v. Accorinti.
Butler App. No. CA2017-01-001.
Fischer, J., dissents and would accept the cause
on proposition of law No. I.
2017-0509. State v. Small.
Lucas App. No. L-16-1198.
2017-0511. State v. Williams.
Mahoning App. No. 16 MA 0041, 2017-Ohio-856.
2017-0518. Hollis v. Hughley.
Stark App. No. 2016CA000225. Appellee’s motion
to dismiss and appellant’s motion to strike denied
as moot.
2017-0519. State v. Spring.
Jefferson App. No. 15 JE 0019, 2017-Ohio-768.
2017-0530. State v. Walls.
Hamilton App. No. C-160499.
Fischer, J., not participating.
2017-0531. State v. White.
Franklin App. No. 15AP-815, 2017-Ohio-810.
2017-0535. State v. Watkins.
Franklin App. No. 16AP-581, 2017-Ohio-1141.
2017-0547. State v. Leavell.
Erie App. No. E-16-017, 2017-Ohio-991.
2017-0565. State v. Johnson.
Lake App. No. 2016-L-064, 2017-Ohio-884.
2017-0566. State v. Spencer.
Franklin App. No. 16AP-444, 2017-Ohio-1140.
2017-0570. State v. Johnson. Hamilton App. No.
C-150654.
Fischer, J., not participating.
2017-0575. State v. Primeau.
Cuyahoga App. No. 104657, 2017-Ohio-1162.
2017-0602. Sheppard v. Bd. of Regents.
Franklin App. No. 16AP-454.
2017-0622. State v. Hodges.
Medina App. No. 15CA0056-M.
2017-0639. State v. Moore.
Licking App. No. 16-CA-26.
2017-0650. State v. Landers.
Greene App. No. 2015-CA-74, 2017-Ohio-1194.
2017-0657. State v. Murray.
Highland App. No. 16CA24, 2017-Ohio-1293.
2017-0699. State v. Cody.
Cuyahoga App. No. 100797, 2017-Ohio-1543.
2017-0714. State v. Guyton.
Ashtabula App. No. 2016-A-0023.
2017-0795. State v. Suber.
Licking App. No. 2016-CA-00014.
RECONSIDERATION OF PRIOR DECISIONS
2014-0989. State v. Roberts.
Trumbull App. No. 2001CR00793. Reported at __
Ohio St.3d __, 2017-Ohio-2998, __ N.E.3d __. On
appellant’s motion for reconsideration. Motion
denied.
2015-1993. Clendenin v. Girl Scouts of W. Ohio.
Hamilton App. No. C-140658, 2015-Ohio-4506.
Reported at __ Ohio St.3d __, 2017-Ohio-2830,
__ N.E.3d __. On appellee’s motion for
reconsideration. Motion denied.
Sean C. Gallagher, J., of the Eighth District Court
of Appeals, sitting for Fischer, J.
Patricia A. Delaney, J., of the Fifth District Court of
Appeals, sitting for DeWine, J.
2016-1243. In re Application of Coll.
On Report by the Board of Commissioners on
Character and Fitness, No. 643. Reported at __
Ohio St.3d __, 2017-Ohio-4023, __ N.E.3d __. On
applicant’s motion for reconsideration. Motion
denied.
2016-1474. State v. McNeill.
Lorain App. No. 15CA010774, 2016-Ohio-5463.
Reported at 149 Ohio St.3d 1406, 2017-Ohio-
2822, 74 N.E.3d 464. On appellant’s motion for
reconsideration. Motion denied.
2016-1612. Stepp v. Medina City School Dist. Bd.
of Edn.
Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Reported at 149 Ohio St.3d
1419, 2017-Ohio-4038, 75 N.E.3d 236. On
appellees’ motions for reconsideration. Motions
denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1784. State v. Garner.
Lake App. No. 2016-L-041, 2016-Ohio-5785.
Reported at 149 Ohio St.3d 1407, 2017-Ohio-
2822, 74 N.E.3d 465. On appellant’s motion for
reconsideration. Motion denied.
2016-1806. Stepp v. Medina City School Dist. Bd.
of Edn.
Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Reported at 149 Ohio St.3d
1420, 2017-Ohio-4038, 75 N.E.3d 237. On
appellants’ motion for reconsideration. Motion
denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1819. State ex rel. Thomas v. Sheldon.
Allen App. No. 1-16-26, 2016-Ohio-7642.
Reported at 149 Ohio St.3d 1408, 2017-Ohio-
2822, 74 N.E.3d 465. On appellant’s motion for
reconsideration. Motion denied.
Fischer, J., not participating.
2017-0005. Angus v. Angus.
Franklin App. Nos. 15AP-655 and 15AP-693,
2016-Ohio-7789. Reported at 149 Ohio St.3d
1408, 2017-Ohio-2822, 74 N.E.3d 465. On
appellant’s motion for reconsideration. Motion
denied.
2017-0111. State v. Walker.
Richland App. No. 09CA88, 2016-Ohio-8615.
Reported at 149 Ohio St.3d 1420, 2017-Ohio-
4038, 74 N.E.3d 237. On appellant’s motion for
reconsideration. Motion denied.
2017-0146. State v. Runyon.
Butler App. No. CA2016-06-120, 2016-Ohio-8230.
Reported at 149 Ohio St.3d 1409, 2017-Ohio-
2822, 74 N.E.3d 466. On appellant’s motion for
reconsideration. Motion denied.
Supreme Court Case Announcement for July 25,
2017
CASE ANNOUNCEMENTS
July 25, 2017
[Cite as 07/25/2017 Case Announcements, 2017-
Ohio-6955.]
MERIT DECISIONS WITH OPINIONS
1995-0042. State ex rel. Ohio v. Wogenstahl , Slip
Opinion No. 2017-Ohio-6873.
Hamilton App. No. C-930222. Judgment affirmed.
O’Donnell, Kennedy, French, Carr, and Gallagher,
JJ., concur.
French, J., concurs, with an opinion.
O’Connor, C.J., dissents, with an opinion joined
by O’Neill, J.
Donna J. Carr, J., of the Ninth District Court of
Appeals, sitting for Fischer, J.
Eileen T. Gallagher, J., of the Eighth District Court
of Appeals, sitting for DeWine, J.
2016-1303. Wills v. Turner , Slip Opinion No.
2017-Ohio-6874.
Marion App. No. 9-16-18. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and DeWine, JJ., concur.
O’Neill, J., concurs in judgment only.
Fischer, J., not participating.
MEDIATION MATTERS
The following cases have been referred to
mediation under S.Ct.Prac.R. 19.01.
2017-0049. State ex rel. Young v. Butler Cty.
Personnel Office.
Franklin App. No. 15AP-1035, 2016-Ohio-8341.
2017-0908. State ex rel. The Cincinnati Enquirer
v. Ghiz.
In Mandamus and Prohibition.
2017-0921. Groveport Madison Local Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-542.
2017-0922. State ex rel. Tantarelli v. Decapua
Ents., Inc.
Franklin App. No. 16AP-700, 2017-Ohio-5603.
2017-0933. State ex rel. Ruth v. Jamison.
In Procedendo.
2017-0943. De Long v. Roberson.
In Mandamus.
2017-0945. ARCP RL Portfolio VII, L.L.C. v.
Tuscawaras Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-922.
The following case has been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellant shall file a brief within 40 days, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss the case or take other action if the parties
fail to timely file merit briefs.
2017-0790. State ex rel. Jackson Tube Service,
Inc. v. Indus. Comm.
Franklin Cty. App. 16AP-351, 2017-Ohio-1573.
Supreme Court Case Announcement for July 24,
2017
CASE ANNOUNCEMENTS
July 24, 2017
[Cite as 07/24/2017 Case Announcements, 2017-
Ohio-6912.]
MOTION AND PROCEDURAL RULINGS
2017-0469. Chagrin Realty, Inc. v. Testa.
Board of Tax Appeals, No. 2011-2523.
Appellant/cross-appellee ordered to show cause,
within 14 days, why the appeal should not be
dismissed for lack of jurisdiction. Appellant/cross-
appellee shall address whether the Board of Tax
Appeals lacked jurisdiction to reissue its decision
because the 30-day appeal period had expired
and whether the 30-day period for appealing from
the April 29, 2014 Board of Tax Appeals’ decision
expired as of May 29, 2014.
Appellee/cross-appellant may file a response to
the memorandum of appellant/cross-appellee
within 14 days of the filing of appellant/cross-
appellee’s memorandum.
2017-0635. ClarkWestern Dietrich Bldg. Sys.,
L.L.C. v. Certified Steel Stud Assn., Inc. Butler
App. No. CA2016-05-098, 2017-Ohio-1091. On
motions for admission pro hac vice of Jeffrey M.
Pollock and Robert J. Rohrberger. Motions
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission with the Supreme
Court’s Office of Attorney Services within 30 days.
MISCELLANEOUS DISMISSALS
2017-0806. State ex rel. McClure v. Noble.
In Mandamus. On relator’s application for
dismissal. Application granted. Cause dismissed.
Supreme Court Case Announcement for July 20,
2017
CASE ANNOUNCEMENTS
July 20, 2017
[Cite as 07/20/2017 Case Announcements, 2017-
Ohio-6875.]
MERIT DECISIONS WITH OPINIONS
2014-0136 and 2014-1403. Lorain Cty. Bar Assn.
v. Johnson , Slip Opinion No. 2017-Ohio-6869.
On Certified Report by the Board of Professional
Conduct, No. 2013-062. Robert Lawrence
Johnson, Attorney Registration No. 0042439, last
known address in McDonald, Ohio, indefinitely
suspended from the practice of law with no credit
for time served under interim default suspension.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1838. Disciplinary Counsel v. Little , Slip
Opinion No. 2017-Ohio-6871.
On Certified Report by the Board of Professional
Conduct, No. 2016-011. Shawn Andrea Little,
Attorney Registration No. 0055899, last known
address in Columbus, Ohio, permanently
disbarred from the practice of law.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0225. Disciplinary Counsel v. Pickrel , Slip
Opinion No. 2017-Ohio-6872.
On Certified Report by the Board of Professional
Conduct, No. 2016-024. Patricia Ann Pickrel,
Attorney Registration No. 0071153, last known
address in Centerville, Ohio, suspended from the
practice of law for two years with one year stayed
on conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
Supreme Court Case Announcement for
July 19, 2017
CASE ANNOUNCEMENTS
July 19, 2017
[Cite as 07/19/2017 Case
Announcements, 2017-Ohio-5871.]
MERIT DECISIONS WITH OPINIONS
2016-0172 and 2016-0282. Cleveland
v. Oles , Slip Opinion No. 2017-
Ohio-5834.
Cuyahoga App. No. 102835, 2016-
Ohio-23. Certified question
answered, judgment reversed, and
cause remanded.
O’Connor, C.J., and O’Donnell,
Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Neill, J., dissents, with an
opinion.
2016-0632. State ex rel. R&L
Carriers Shared Servs., L.L.C. v.
Indus. Comm. , Slip Opinion No.
2017-Ohio-5833.
Franklin App. No. 14AP-1018, 2016-
Ohio-1082. Judgment affirmed.
O’Connor, C.J., and French,
O’Neill, Fischer, and DeWine, JJ.,
concur.
O’Donnell, J., dissents, with an
opinion joined by Kennedy, J.
Supreme Court Case Announcement for July 14,
2017
CASE ANNOUNCEMENTS
July 14, 2017
[Cite as 07/14/2017 Case Announcements, 2017-
Ohio-5822.]
DISCIPLINARY CASES
2017-0663. Dayton Bar Assn. v. Wilcoxson.
On Certified Report by the Board of Professional
Conduct, No. 2017-014. On respondent’s motion
for leave to file answer to complaint. Motion
granted. This matter is remanded to the board for
further proceedings under Gov.Bar R. V(12). On
motion to vacate interim default suspension.
Motion granted. Respondent’s suspension shall
terminate upon the filing of respondent’s answer
with the board. Respondent shall not be
reinstated to the practice of law until (1)
respondent files with this court proof of the filing of
the answer with the board, an affidavit of
compliance as ordered by this court in its June 15,
2017 order, and proof of respondent’s compliance
with Gov.Bar R. X(13), and (2) this court orders
respondent reinstated to the practice of law.
O’Donnell and Fischer, JJ., dissent in part and
would deny the motion to vacate interim default
suspension.
Supreme Court Case Announcement for July 13,
2017
CASE ANNOUNCEMENTS
July 13, 2017
[Cite as 07/13/2017 Case Announcements, 2017-
Ohio-5806.]
MOTION AND PROCEDURAL RULINGS
2015-0791. Notestine Manor, Inc. v. Logan Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2014-2543. On
appellee’s motion to reschedule oral argument.
Motion denied.
2015-1432. Mann v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-3407. On
appellee’s motion to continue oral argument.
Motion denied.
MISCELLANEOUS DISMISSALS
2016-0447. State ex rel. Ortiz v. Cleveland.
In Mandamus. On relator’s motion to dismiss.
Motion granted. Cause dismissed.
2017-0458. State ex rel. Weide v. Ohio State Univ.
In Mandamus. On relator’s motion to dismiss.
Motion granted. Cause dismissed.
DISCIPLINARY CASES
2017-0280. Disciplinary Counsel v. Jackson.
On respondent’s motion to purge contempt.
Motion granted.
Ohio Supreme Court Civil Justice Fund to Help
Ohioans in Need
By Bret Crow | July 12, 2017
Image of the scales of justice sitting on a wooden
table
The Ohio Supreme Court’s new Civil Justice
Program Fund will improve access to justice for
low-income, underserved, and disadvantaged
Ohioans.
Improving access to justice for low-income,
underserved, and disadvantaged Ohioans is the
goal of a new Ohio Supreme Court competitive
award process.
The fund was created through Supreme Court
rule changes that increased pro hac vice
registration fees, which out-of-state attorneys pay
if they want to appear in an Ohio court
proceeding, from $150 to $300 and a $50
voluntary “add on” fee to the biennial attorney
registration for Ohio attorneys. The rule changes
were recommended by a 2015 Court task force
charged with identifying obstacles to accessing
the civil justice system in Ohio.
Award amounts top out at $100,000 for a “strong
statewide impact” submitted by nonprofit
organizations or public entities or agencies whose
purpose is to provide access to civil legal
services. Other grant amounts operate on a
sliding scale depending on the impact proposed:
$75,000 for regional impact applicants (five or
more counties), $50,000 for applicants with an
impact on two or more counties, and $25,000 for
applicants with countywide or citywide impact.
Applications must be submitted by Aug. 4 with
awards expected to be announced in October.
The program will be evaluated annually to
determine award amount ceilings and funding
priorities.
According to the Ohio Legal Assistance
Foundation, revenue from interest on lawyers’
trust accounts, a primary funder of civil legal aid,
has decreased 88 percent since 2007 because of
lower interest rates. Even though overall funding
has inched up, limited resources mean that Ohio
legal aids must turn away about three people for
every one person served.
Supreme Court Second Case Announcement for
July 12, 2017
CASE ANNOUNCEMENTS
July 12, 2017
[Cite as 07/12/2017 Case Announcements #2,
2017-Ohio-5799.]
MOTION AND PROCEDURAL RULINGS
2017-0753. State ex rel. Langhenry v. Britt.
In Mandamus. Sua sponte, alternative writ
granted. The following briefing schedule is set for
presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05. Relators shall file
their evidence and merit brief within three days of
the date of this entry; respondent shall file her
evidence and merit brief within three days of the
filing of the relators’ brief; and relators’ may file a
reply brief within one day after the filing of
respondent’s merit brief.
On motion to intervene as relators of Dianne S.
Bufford, Jennifer A. Blakeney, Verdia Y. Conner,
Khalilah A. Worley, and Linda C. Robinson.
Motion granted. Intervening relators shall file their
brief and reply brief within the timeframe specified
in the order for the relators to file their brief and
reply brief.
On intervening relators’ motion to dismiss for lack
of jurisdiction. Motion denied.
On respondent’s motion to dismiss. Motion
denied.
On relator’s motion for issuance of alternative writ
of mandamus. Motion denied as moot.
No requests or stipulations for extension of time
shall be permitted in this case, and the clerk of
court shall refuse to file any requests or
stipulations for extension of time.
O’Donnell, J., dissents and would grant
respondent’s motion to dismiss and deny all other
motions as moot.
2017-0801. State ex rel. Garrett v. Costine.
In Mandamus and Prohibition. On relator’s motion
for stay and motion for leave to amend complaint
and respondent’s motion to dismiss. Motion for
stay denied,
motion for leave to amend complaint denied as
moot, and motion to dismiss granted in part as to
the complaint for a writ of mandamus.
An alternative writ of prohibition is granted, and
the following briefing schedule is set for
presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05. The parties shall
file any evidence they intend to present within 20
days of the date of the entry; relator shall file a
brief within ten days of the filing of the evidence;
respondent shall file a brief within 20 days after
the filing of relator’s brief; and relator may file a
reply brief within seven days after the filing of
respondent’s brief.
2017-0880. State ex rel. Electronic Classroom of
Tomorrow v. State Bd. of Edn.
In Mandamus and Prohibition. On relator’s
emergency motion for an immediate preliminary
injunction. Motion denied.
O’Donnell, J., dissents.
W. Scott Gwin, J., of the Fifth District Court of
Appeals, sitting for French, J.
2017-0913. Electronic Classroom of Tomorrow v.
Dept. of Edn.
Franklin App. No. 16AP-863, 2017-Ohio-5607. On
appellants’ emergency motions for injunction
pending appeal. Motions denied.
O’Donnell, J., dissents.
W. Scott Gwin, J., of the Fifth District Court of
Appeals, sitting for French, J.
Supreme Court Case Announcement for July 12,
2017
CASE ANNOUNCEMENTS
July 12, 2017
[Cite as 07/12/2017 Case Announcements, 2017-
Ohio-5793.]
DISCIPLINARY CASES
2017-0803. Mahoning Cty. Bar Assn. v. DiMartino.
On certification of default. Dennis Armand
DiMartino, Attorney Registration No. 0039270, is
hereby suspended from the practice of law for an
interim period.
Ten Cases Certified to Disciplinary Board
Staff Report | July 11, 2017
The Ohio Board of Professional Conduct today
announced the certification of 10 cases from June
and July for formal disciplinary proceedings.
The certified complaint has been sent to the
respondent, and the respondent has been
directed to file an answer to the allegations
contained in the complaint. Once an answer is
received, the case will be assigned to a three-
member hearing panel of the Board, and the
hearing panel will conduct further proceedings. If
the respondent does not answer the allegations,
the respondent’s failure to answer will be certified
to the Ohio Supreme Court, and the Supreme
Court may suspend the respondent’s license to
practice law.
Typically, a public hearing is scheduled within four
to six months after the case is assigned to a
hearing panel. Please consult the hearing
schedule on the Board’s web site for a monthly list
of Board hearings.
If the Board finds that a lawyer or judge has
engaged in professional misconduct, the Board
will file a report with the Court that includes a
recommended sanction. The Court is responsible
for reviewing the Board report and case record
and imposing discipline.
To access the complaints in this case, click on the
case number below.
Cleveland Metropolitan Bar Association v. Wendy
Sue Rosett
Case No. 2017-024
Respondent’s counsel: Philip A. King
Disciplinary Counsel v. Robert Morris Owens
Case No. 2017-025
Respondent’s counsel: William C. Mann
Erie-Huron County Bar Association v. Robert
Zelvy
Case No. 2017-026
Respondent’s counsel: James W. Hart and
Charles J. Kettlewell
Disciplinary Counsel v. Howard Evan Skolnick
Case No. 2017-027
Respondent’s counsel: Jonathan E. Coughlan
Mahoning County Bar Association v. Charles Gary
Mickens
Case No. 2017-028
Respondent’s counsel: None
Cleveland Metropolitan Bar Association v. R. Paul
Cushion II
Case No. 2017-029
Respondent’s counsel: None
Disciplinary Counsel v. Thomas Christopher
Brown
Case No. 2017-030
Respondent’s counsel: None
Disciplinary Counsel v. Richard Ahlman Oviatt
Case No. 2017-031
Respondent’s counsel: None
Disciplinary Counsel v. Raymond Leland
Eichenberger III
Case No. 2017-032
Respondent’s counsel: None
Akron Bar Association v. Jonell Rae Glitzenstein
Case No. 2017-033
Respondent’s counsel: None
Supreme Court Case Announcement for July 10,
2017
CASE ANNOUNCEMENTS
July 10, 2017
[Cite as 07/10/2017 Case Announcements, 2017-
Ohio-5765.]
MOTION AND PROCEDURAL RULINGS
2017-0647. Deutsche Bank Natl. Trust Co. v.
Eversole.
Erie App. No. E-16-011, 2017-Ohio-1217. On
appellant’s motion to refer case to mediation.
Motion denied.
MISCELLANEOUS DISMISSALS
2016-1158. State ex rel. Andrasi v. Indus. Comm.
Franklin App. No. 15AP-531, 2016-Ohio-4971. On
application for dismissal. Application granted.
Cause dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation under S.Ct.Prac.R. 19.01.
2017-0350. State ex rel. Griffin v. Greene.
In Mandamus.
2017-0814. Huber Heights City Schools Bd. of
Edn. v. Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2359 and 2015-
2360.
2017-0874. State ex rel. Kaplan v. Bozza.
In Mandamus.
2017-0883. State ex rel. Reichley v. Indus. Comm.
Franklin App. No. 16AP-263, 2017-Ohio-2939.
The following cases have been returned to the
regular docket under S.Ct.Prac.R. 19.01.
2016-0615. State ex rel. Kesterson v. Kent State
University.
In Mandamus.
2016-1123. State ex rel. Kesterson v. Kent State
University.
In Mandamus. Respondent shall file a response to
the complaint within 21 days.
The following cases have been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellants in each case shall file a brief within 40
days, and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07. As provided in S.Ct.Prac.R. 16.07, the
court may dismiss these cases or take other
action if the parties fail to timely file merit briefs.
2017-0236. Pi in the Sky, L.L.C. v. Testa.
Board of Tax Appeals, No. 2015-2005.
2017-0430. State ex rel. Witt v. Indus. Comm.
Franklin App. No. 15AP-804, 2017-Ohio-554.
OHIO CASE ANNOUNCEMENTS
July 7, 2017
[Cite as 07/07/2017 Case Announcements, 2017-
Ohio-5737.]
MOTION AND PROCEDURAL RULINGS
2017-0412. In re Application of Black Fork Wind
Energy, L.L.C.
Power Siting Board, No. 10-8265-EL-BGN. Sua
sponte, briefing schedule reinstated. Appellants
shall file a merit brief within 40 days of the date of
the entry and the parties shall otherwise proceed
in accordance with S.Ct.Prac.R. 16.02 through
16.07.
DISCIPLINARY CASES
2017-0770. Columbus Bar Assn. v. Striff.
On certification of default. Christopher Williams
Striff Jr., Attorney Registration No. 0085421, last
known business address in Columbus, Ohio, is
hereby suspended from the practice of law for an
interim period.
MISCELLANEOUS DISMISSALS
2017-0678. State v. D.F. Montgomery App. No.
27032, 2017-Ohio-2882. On appellant’s
application for dismissal. Application granted.
Cause dismissed.
OHIO CASE ANNOUNCEMENTS
July 7, 2017
[Cite as 07/07/2017 Case Announcements #2,
2017-Ohio-5763.]
MOTION AND PROCEDURAL RULINGS
2017-0913. Electronic Classroom of Tomorrow v.
Dept. of Edn.
Franklin App. No. 16AP-863, 2017-Ohio-5607.
Appellee shall file a response, if any, to
appellants’ emergency motions for injunction no
later than 8:30 a.m. on Monday, July 10, 2017.
OHIO CASE ANNOUNCEMENTS
July 6, 2017
[Cite as 07/06/2017 Case Announcements, 2017-
Ohio-5723.]
MERIT DECISIONS WITH OPINIONS
2016-1056. State ex rel. Sands v. Bunting , Slip
Opinion No. 2017-Ohio-5697.
Marion App. No. 9-16-16. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1147. Ashtabula Cty. Bar Assn. v. Brown ,
Slip Opinion No. 2017-Ohio-5698.
On Certified Report by the Board of Professional
Conduct, No. 2015-063. Thomas Christopher
Brown, Attorney Registration No. 0024054,
suspended from the practice of law for two years,
all stayed on conditions.
Kennedy, French, McCormack, and DeWine, JJ.,
concur.
O’Donnell, J., dissents, with an opinion joined by
O’Connor, C.J., and Fischer, J.
John Timothy McCormack, J., of the Eighth
District Court of Appeals, sitting for O’Neill, J.
2017-0223. Cleveland Metro. Bar Assn. v.
Callahan , Slip Opinion No. 2017-Ohio-5700.
On Certified Report by the Board of Professional
Conduct, No. 2016-046. Michael William
Callahan, Attorney Registration No. 0051964,
publicly reprimanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-021. In re Disqualification of Collier-
Williams, Slip Opinion No. 2017-Ohio-5718
(decided May 2, 2017).
17-AP-032. In re Disqualification of Tyack, Slip
Opinion No. 2017-Ohio-5719 (decided May 8,
2017).
MOTION AND PROCEDURAL RULINGS
2017-0417. State ex rel. Lopez v. Summit Cty.
Clerk of Courts.
In Mandamus. Relator has not filed a merit brief,
due June 29, 2017, in compliance with the Rules
of Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence. Cause dismissed.
2017-0749. In re Application of Ohio Power Co.
Public Utilities Commission, Nos. 13-2385-EL-
SSO and 13-2386-EL-AAM. On motion of Ohio
Power Company for leave to intervene as
appellee. Motion granted.
2017-0752. In re Application of Ohio Power Co.
Public Utilities Commission, Nos. Nos. 14-1693-
EL-RDR and 14-1694-EL-AAM. On motion of
Ohio Power Company for leave to intervene as
appellee. Motion granted.
DISCIPLINARY CASES
2017-0881. In re Scudder.
On certified entry of felony conviction. Steven C.
Scudder, Attorney Registration No. 0044134,
suspended from the practice of law for an interim
period.
MEDIATION MATTERS
2017-0494. State ex rel. Walker v. Yount.
In Mandamus. This case is returned to the regular
docket under S.Ct.Prac.R. 19.01. Respondents
shall file a response to the complaint within 21
days.
OHIO CASE ANNOUNCEMENTS
July 5, 2017
[Cite as 07/05/2017 Case Announcements #2,
2017-Ohio-5721.]
MOTION AND PROCEDURAL RULINGS
2017-0753. State ex rel. Langhenry v. Britt.
In Mandamus. It is ordered by the court, sua
sponte, that relator and respondent shall file
responses, if any, to intervening relators’
amended motion for leave to intervene and
amended motion to dismiss for lack of jurisdiction
no later than 12:00 p.m. on Friday, July 7, 2017.
Relator and intervening relators shall file
responses, if any, to respondent’s motion to
dismiss no later than 12:00 p.m. on Friday, July 7,
2017.
Biennial Attorney Registration Reminder Issued
Staff Report | July 5, 2017
Ohio attorneys will receive registration packets
this month to complete their 2017-2019 biennial
registration, according to the Supreme Court’s
Office of Attorney Services.
Lawyers on active or corporate status must
register with Attorney Services and pay a $350
registration fee every odd-numbered year before
Sept. 1. The registration packet contains
instructions on how to register and a form to verify
the accuracy of their contact information.
Attorneys can register electronically or by mail.
Mailed registrations will be deemed timely if
postmarked by Sept. 1. Online registrations must
be completed by 11:59 p.m., Sept. 1 to be
deemed timely.
Attorneys who fail to register and pay the fee by
Sept. 1 or within the late registration period will be
suspended.
Supreme Court Case Announcement for July 5,
2017
CASE ANNOUNCEMENTS
July 5, 2017
[Cite as 07/05/2015 Case Announcements, 2017-
Ohio-5699.]
MERIT DECISIONS WITH OPINIONS
2016-0317. State v. Anderson , Slip Opinion No.
2017-Ohio-5656.
Montgomery App. No. 26525, 2016-Ohio-135.
Judgment affirmed.
O’Donnell, Kennedy, Fischer, and DeWine, JJ.,
concur.
French, J., concurs in judgment only.
O’Connor, C.J., concurs in part and dissents in
part, with an opinion.
O’Neill, J., dissents, with an opinion.
2016-0923. State ex rel. Love v. O’Donnell , Slip
Opinion No. 2017-Ohio-5659.
Lake App. No. 2015-L-143, 2016-Ohio-3007.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-1734. State v. Kiser. Sandusky App. No. S-
15-030, 2016-Ohio-7338. Discretionary appeal
accepted, judgment reversed, and cause
remanded for application of State v. Gonzales,
___ Ohio St.3d ___, 2017-Ohio-777, ___ N.E.3d
___.
Kennedy, J., dissents.
2016-1775. Cromer v. Children’s Hosp. Med. Ctr.
of Akron. Summit App. No. 25632, 2012-Ohio-
5154. Discretionary appeal accepted, judgment
vacated, cause remanded on the authority of
Bryan-Wolman v. Domonko,
115 Ohio St.3d 291, 2007-Ohio-4918, 874 N.E.2d
1198, and appellate court instructed to consider
remaining issues on remand.
2017-0398. Franklin Cty. Child Support
Enforcement Agency v. Greenhow. In Prohibition.
On motion to dismiss. Motion granted. Cause
dismissed. Relator’s motion for leave to file
denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0503. State ex rel. Hillman v. Franklin Cty.
Common Pleas Adm. Judge. In Procedendo. On
S.Ct.Prac.R. 12.04 determination, cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0578. State ex. rel. Zimpfer v. Jackson Twp.
Police Dept. In Mandamus. On answer of
respondents. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents.
MOTION AND PROCEDURAL RULINGS
2017-0412. In re Application of Black Fork Wind
Energy, L.L.C. Power Siting Board, No. 10-8265-
EL-BGN. On motion to dismiss of Ohio Power
Siting Board. Motion denied. On motion to dismiss
of Black Fork Wind Energy, L.L.C. Motion denied.
2017-0581. Hashash v. Food Mart Plus, Inc.
Cuyahoga App. No. 104552, 2017-Ohio-1158. On
motion to increase bond. Motion denied.
2017-0638. Struckman v. Teays Valley Local
School Dist. Bd. of Edn. Pickaway App. No.
16CA10, 2017-Ohio-1177. On motion to remand.
Motion denied.
2017-0642. State v. Bennett. Scioto App. No.
16CA3765, 2017-Ohio-574. On motion for leave
to file delayed appeal. Motion granted. Appellant
shall file a memorandum in support of jurisdiction
within 30 days of the date of this entry.
O’Donnell, French, and DeWine, JJ., dissent.
2017-0755. State v. Ammiyhuwd. Butler App. No.
CA2016-08-151. On emergency motion to stay.
Motion denied.
O’Neill, J., dissents.
APPEALS ACCEPTED FOR REVIEW
2016-1891. State v. Martin. Summit App. No.
27789, 2016-Ohio-7764.
O’Connor, C.J., and Kennedy and DeWine, JJ.,
dissent.
2017-0200. State v. Mason. Marion App. No. 9-
16-34, 2016-Ohio-8400.
O’Donnell and Kennedy, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0990. State v. Cunningham. Allen App. No.
1-15-61, 2016-Ohio-3106.
O’Neill, J., dissents.
2016-1263. State v. Waddy. Franklin App. No.
15AP-397, 2016-Ohio-4911.
O’Neill, J., dissents.
2016-1648. Fisher v. Doe. Hamilton App. No. C-
160226, 2016-Ohio-7383.
French and O’Neill, JJ., dissent.
Fischer, J., not participating.
2016-1722. State v. James. Hancock App. No. 5-
16-14, 2016-Ohio-7262.
Fischer, J., dissents.
2016-1726. State v. Quinones. Cuyahoga App.
No. 104016, 2016-Ohio-7225.
2016-1727. State v. Salinas. Defiance App. No. 4-
15-21, 2016-Ohio-7171.
O’Connor, C.J., dissents.
2016-1728. State v. Brown. Cuyahoga App. No.
103491, 2016-Ohio-7221.
2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C.
Summit App. No. 27759, 2016-Ohio-4828.
2016-1740. State v. Coleman. Lucas App. No. L-
15-1056, 2016-Ohio-7335.
2016-1743. In re Application for Sealing of
Records of A.J. Franklin App. No. 15AP-974,
2016-Ohio-5495.
Kennedy, French, and DeWine, JJ., dissent.
2016-1750. State v. Anderson. Franklin App. No.
15AP-924, 2016-Ohio-7269.
2016-1757. Lavelle v. Henderson. Summit App.
No. 27921, 2016-Ohio-5313.
Fischer, J., dissents.
2016-1761. State v. Meeks. Stark App. No.
2016CA00050, 2016-Ohio-7517.
2016-1772. State v. Bell. Clermont App. No.
CA2015-10-077.
O’Neill, J., dissents.
2016-1777. State v. K.W. Warren App. No.
CA2016-01-004, 2016-Ohio-7365.
2016-1778. Grimmer v. Shirilla. Cuyahoga App.
No. 103921, 2016-Ohio-5423.
2016-1780. Polen v. Heaston. Tuscarawas App.
No. 2016AP020011, 2016-Ohio-7508.
2016-1781. State v. Durham. Cuyahoga App.
Nos. 103352 and 103382, 2016-Ohio-7394.
2016-1782. Williams v. Minute Men Select, Inc.
Tuscarawas App. Nos. 2016 AP 03 0016 and
2016 AP 04 0020. Appellant’s motion to
consolidate denied as moot.
2016-1788. State v. Romine. Pickaway App. No.
16CA1, 2016-Ohio-5308.
2016-1790. Countrywide Home Loans Servicing,
L.P. v. Davis. Huron App. No. H-15-009, 2016-
Ohio-7421.
2016-1792. Jackson v. Friedlander. Stark App.
No. 2016CA00053, 2016-Ohio-7503.
O’Neill and DeWine, JJ., dissent.
2016-1794. C.J.W.B. v. Bd. of Nursing. Franklin
App. No. 16AP-35.
French, J., not participating.
2016-1803. State v. Simpson. Lake App. No.
2016-L-014, 2016-Ohio-7746.
O’Donnell, J., dissents and would accept the
cause on proposition of law No. II.
2016-1805. State v. Statzer. Butler App. No.
CA2015-08-148, 2016-Ohio-7434.
2016-1811. State v. Campbell. Cuyahoga App.
No. 103982, 2016-Ohio-7613.
2016-1812. Mather v. Mather. Hamilton App. Nos.
C-160638, C-160639, C-160662, and C-160663.
Fischer, J., not participating.
2016-1813. State v. Brand. Hamilton App. No. C-
150590, 2016-Ohio-7456.
Fischer, J., not participating.
2016-1823. State v. James. Muskingum App. No.
CT2015-0059, 2016-Ohio-7660.
2016-1855. Cutler Real Estate Co. v. Saran.
Summit App. No. 28122, 2016-Ohio-7584.
O’Donnell and O’Neill, JJ., dissent.
2016-1856. State v. Suber. Licking App. No. 16
CA 14, 2016-Ohio-7497.
2016-1888. State v. Graves. Lucas App. No. L-16-
1205.
2016-1895. State v. Pleatman. Hamilton App. No.
C-160234. Appellant’s motion to consolidate
denied.
Fischer and DeWine, JJ., not participating.
2017-0124. Isreal v. State Auto Ins. Co. Franklin
App. No. 16AP-174.
2017-0211. State v. Yuschak. Medina App. No.
15CA0055-M, 2016-Ohio-8507. Appellant’s
motion to strike denied.
2017-0246. Williams v. Minute Men Select, Inc.
Tuscarawas App. Nos. 2016 AP 03 0016 and
2016 AP 04 0020. Appellees’ motion to dismiss
and appellant’s motion to consolidate denied.
2017-0265. Moore Law Firm v. Singh. Butler App.
No. CA2016-01-016, 2017-Ohio-54.
2017-0271. State v. Thompson. Cuyahoga App.
No. 105126.
2017-0281. Hester v. Case W. Res. Univ.
Cuyahoga App. No. 104415, 2017-Ohio-103.
2017-0283. State v. King. Muskingum App. No.
CT2016-0058.
2017-0293. State v. Cremeans. Muskingum App.
No. CT2016-0018, 2017-Ohio-202.
2017-0294. State v. Brooks. Stark App. No.
2016CA00059, 2017-Ohio-597.
2017-0296. Anderson v. Cuyahoga Metro. Hous.
Auth. Cuyahoga App. No. 103732, 2017-Ohio-86.
2017-0299. State v. Grogan. Stark App. No.
2016CA00128, 2017-Ohio-205.
2017-0301. State v. Berecz. Washington App. No.
16CA15, 2017-Ohio-266.
2017-0314. State v. Hull. Lake App. No. 2016-L-
035, 2017-Ohio-157.
2017-0319. State v. Pleatman. Hamilton App. No.
C-160234, 2016-Ohio-7659. Appellant’s motion to
consolidate denied.
Fischer and DeWine, JJ., not participating.
2017-0323. Pleatman v. Sibcy Cline, Inc. Hamilton
App. Nos. C-160447 and C-160460, 2016-Ohio-
7683. Appellants’ motion to consolidate denied.
Fischer and DeWine, JJ., not participating.
2017-0324. State v. Gill. Hamilton App. Nos. C-
110473 and C-110483.
Fischer, J., not participating.
2017-0338. State v. Walter. Cuyahoga App. No.
104443, 2017-Ohio-466.
2017-0339. Pietrangelo v. Avon Lake. Lorain App.
No. 15CA010804 and 15CA010873, 2016-Ohio-
8201.
2017-0351. State v. Floyd. Cuyahoga App. No.
104376, 2017-Ohio-386.
2017-0355. State v. Martin. Hamilton App. No. C-
160733.
2017-0360. State v. Matthews. Cuyahoga App.
No. 101275, 2016-Ohio-5617.
2017-0363. State v. Umstead. Holmes App. No.
16 CA 004, 2017-Ohio-698.
2017-0370. State v. Thornton. Muskingum App.
No. CT2016-0041, 2017-Ohio-637.
2017-0372. Hillman v. O’Shaughnessy. Franklin
App. No. 16AP-571, 2017-Ohio-489.
2017-0374. State v. Bates. Guernsey App. No.
16CA13, 2017-Ohio-585.
2017-0388. State v. Dixon. Franklin App. No.
16AP-583, 2017-Ohio-558.
2017-0390. State v. Arios. Cuyahoga App. No.
104821, 2017-Ohio-656.
2017-0395. State v. Cooper. Cuyahoga App. No.
104797, 2017-Ohio-541.
2017-0400. State v. Smith. Cuyahoga App. No.
104403, 2017-Ohio-463.
2017-0421. State v. Cornett. Hamilton App. No. C-
170035.
2017-0422. State v. Daniels. Hamilton App. No. C-
160203, 2017-Ohio-548.
Fischer, J., not participating.
2017-0424. State v. Cleary. Stark App. No.
2017CA00016.
2017-0449. State v. Herzberger. Lorain App. No.
16CA010899, 2017-Ohio-491.
2017-0467. State v. Dumas. Mahoning App. No.
15 MA 0101, 2017-Ohio-731.
2017-0477. State v. Romanko. Cuyahoga App.
No. 104158, 2017-Ohio-739.
2017-0488. State v. Jackson. Mahoning App. No.
15 MA 0126, 2017-Ohio-1296.
2017-0612. In re J.R. Cuyahoga App. No.
105007, 2017-Ohio-1056.
O’Donnell, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2016-1904. U.S. Bank Natl. Assn. v. Lavelle.
Cuyahoga App. No. 104234, 2016-Ohio-7783.
Reported at 148 Ohio St.3d 1461, 2017-Ohio-
2632, 73 N.E.3d 523. On motion for
reconsideration. Motion denied.
2017-0048. Pryor v. Koukoutas. In Habeas
Corpus. Reported at 148 Ohio St.3d 1440, 2017-
Ohio-1427, 72 N.E.3d 654. On motion for
reconsideration. Motion denied.
Supreme Court Case Announcement for July 3,
2017
CASE ANNOUNCEMENTS
July 3, 2017
[Cite as 07/03/2017 Case Announcements, 2017-
Ohio-5661.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JULY 3, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the July 3, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0915. State v. Cepec, 149 Ohio St.3d 438,
2016-Ohio-8076.
2014-0200. Mahoning Cty. Bar Assn. v. Helbley,
149 Ohio St.3d 1246, 2017-Ohio-174.
2014-1940. Linert v. Foutz, 149 Ohio St.3d 469,
2016-Ohio-8445.
2015-0163. State ex rel. Cordell v. Pallet Cos.,
Inc., 149 Ohio St.3d 483, 2016-Ohio-8446.
2015-2000. Disciplinary Counsel v. Kramer, 149
Ohio St.3d 425, 2016-Ohio-5734.
2016-1159. Disciplinary Counsel v. Barbera, 149
Ohio St.3d 505, 2017-Ohio-882.
2016-1160. Disciplinary Counsel v. Moore, 149
Ohio St.3d 509, 2017-Ohio-883.
2016-1701. State ex rel. Ebersole v. City Council
of Powell, 149 Ohio St.3d 501, 2017-Ohio-509.
2016-1789. In re Resignation of Simonette, 149
Ohio St.3d 1250, 2017-Ohio-173.
2016-1868. Trumbull Cty. Bar Assn. v. Bellew, 149
Ohio St.3d 1258, 2017-Ohio-255.
2016-1871. In re Resignation of Boston, 149 Ohio
St.3d 1247, 2017-Ohio-172.
2017-0010. Disciplinary Counsel v. Rutherford,
149 Ohio St.3d 1261, 2017-Ohio-365.
2017-0020. Lorain Cty. Bar Assn. v. Wilsey, 149
Ohio St.3d 1253, 2017-Ohio-171.
2017-0022. In re Bucio, 149 Ohio St.3d 1243,
2017-Ohio-29.
2017-0038. In re Resignation of Goldthorpe, 149
Ohio St.3d 1266, 2017-Ohio-525.
2017-0052. Disciplinary Counsel v. Niehaus, 149
Ohio St.3d 1264, 2017-Ohio-472.
2017-0092. In re Pioch, 149 Ohio St.3d 1256,
2017-Ohio-226.
16-AP-105. In re Disqualification of Zmuda, 149
Ohio St.3d 1241, 2017-Ohio-317.
CLE-1996-44769. In re Continuing Legal Edn.
Suspension of Cohen, 149 Ohio St.3d 1240,
2017-Ohio-19.
50 Victims of Attorney Theft Awarded More Than
$240,000
Staff Report | June 30, 2017
The Board of Commissioners of the Lawyers’
Fund for Client Protection awarded $243,385 to
50 victims of attorney theft at its quarterly meeting
June 28. Four former or suspended Ohio
attorneys were found to have misappropriated
client funds. Two deceased attorneys were also
involved in claims.
Two former clients of Delaware County attorney
Jennifer L. Coriell were reimbursed a total of
$8,000 as a result of Coriell’s failure to provide the
services requested. Coriell resigned from the
practice of law in Ohio, with discipline pending, on
Dec. 16.
The Board awarded reimbursement to former
clients of two Franklin County attorneys.
Thirty-five former wards of deceased attorney
Paul S. Kormanik were reimbursed a total of
$201,910 as a result of Kormanik’s
misappropriation of funds while serving as
guardian. Kormanik resigned from the practice of
law in Ohio, with disciplinary action pending, on
May 28, 2015. Earlier that year, Kormanik pleaded
guilty to four counts of theft from an elderly or
disabled person and one count of theft. Kormanik
died on Oct. 5, 2015.
Ten former clients of former attorney Joseph D.
Reed were reimbursed a total of $24,510 as a
result of Reed’s failure to provide the services
requested. Reed resigned from the practice of
law, with discipline pending, on April 12.
One former client of suspended Huron County
attorney Charles R. Smith III was reimbursed
$650 as a result of Smith’s failure to provide the
services requested. Smith’s license to practice law
in Ohio was suspended indefinitely on March 10,
2016.
A former client of former Lake County attorney
David H. Davies was reimbursed $7,455 as a
result of Davies’ failure to account for client funds
deposited with him. Davies was permanently
disbarred from the practice of law in Ohio on Dec.
1, 2015.
A former client of deceased Paulding County
attorney Erwin J. Bandy was reimbursed $860 as
a result of Bandy’s failure to complete the services
requested before his death on April 24, 2015.
Financed primarily by registration fees paid by
every Ohio attorney, the fund was created by the
Supreme Court in 1985. Ohio has more than
44,000 active-status attorneys with only a fraction
involved in claims. Clients who believe they have
sustained financial losses resulting from attorney
theft, embezzlement, or misappropriation should
contact the fund at 1.800.231.1680.
Supreme Court Case Announcement for June 29,
2017
CASE ANNOUNCEMENTS
June 29, 2017
[Cite as 06/29/2017 Case Announcements, 2017-
Ohio-5562.]
MERIT DECISIONS WITH OPINIONS
2016-0509. State ex rel. McKee v. Union Metal
Corp. , Slip Opinion No. 2017-Ohio-5541.
Franklin App. No. 15AP-414, 2016-Ohio-1236.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2014-0328. In re Application of Duke Energy
Ohio, Inc. , Slip Opinion No. 2017-Ohio-5536.
Public Utilities Commission, Nos. 12-1685-GA-
AIR, 12-1686-GA-ATA, 12-1687-GA-ALT, and 12-
1688-GA-AAM. Order affirmed.
O’Connor, C.J., and French, Fischer, and
DeWine, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy and O’Neill, JJ.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-025. In re Disqualification of Dellick and
Quinn, Slip Opinion No. 2017-Ohio-5542 (decided
April 12, 2017).
17-AP-033. In re Disqualification of Blanchard,
Slip Opinion No. 2017-Ohio-5543 (decided May
17, 2017).
MOTION AND PROCEDURAL RULINGS
2017-0436. In re Complaint of Harris Design
Servs. v. Columbia Gas of Ohio, Inc.
Public Utilities Commission, No. 15-405-GA-CSS.
On appellant’s motion for leave to file corrected
merit brief. Motion denied. On appellee’s motion
to suspend briefing schedule. Motion granted.
OHIO CASE ANNOUNCEMENTS
June 28, 2017
[Cite as 06/28/2017 Case Announcements, 2017-
Ohio-5540.]
MOTION AND PROCEDURAL RULINGS
2017-0039. In re Adoption of M.G.B.-E.
Clinton App. No. CA2016-06-017, 2016-Ohio-
7912. Upon review of the appeal, it appears that
the case involves termination of parental
rights/adoption of a minor child. Accordingly, it is
ordered by the court, sua sponte, that this case
shall proceed according to the Rules of Practice
of the Supreme Court of Ohio that pertain to
cases involving termination of parental
rights/adoption of a minor child.
It is further ordered that appellee’s motion to
expedite decision and briefing schedule is denied
as moot.
DISCIPLINARY CASES
2017-0732. In re Resignation of Pioch.
On application for resignation of Susan Marie
Pioch, Attorney Registration No. 0012533, and on
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
MISCELLANEOUS DISMISSALS
2017-0125. Wells Fargo Bank Natl. Assn. v.
Maxfield.
Butler App. No. CA2016-05-089, 2016-Ohio-8102.
On appellants’ application for dismissal.
Application granted. Cause dismissed.
Supreme Court Case Announcement for June 27,
2017
CASE ANNOUNCEMENTS
June 27, 2017
[Cite as 06/27/2017 Case Announcements, 2017-
Ohio-5509.]
MERIT DECISIONS WITH OPINIONS
2017-0315. State ex rel. Rocco v. Cuyahoga Cty.
Bd. of Elections , Slip Opinion No. 2017-Ohio-
4466.
In Mandamus. Writ granted.
O’Donnell and French, JJ., concur.
O’Neill, J., concurs in judgment only, with an
opinion.
Fischer, J., concurs in judgment only.
O’Connor, C.J., dissents, with an opinion.
DeWine, J., dissents, with an opinion joined by
Kennedy, J.
MOTION AND PROCEDURAL RULINGS
2016-1372. Schwartz v. Honeywell Internatl., Inc.
Cuyahoga App. No. 103377, 2016-Ohio-3175. On
motions for admission pro hac vice of Michael W.
Weaver and William L. Anderson. Motions
granted. Pursuant to Gov.Bar. R. XII(4), counsel
shall file a notice of permission with the Supreme
Court’s Office of Attorney Services within 30 days.
Supreme Court Case Announcement for June 26,
2017
CASE ANNOUNCEMENTS
June 26, 2017
[Cite as 06/26/2017 Case Announcements, 2017-
Ohio-4477.]
MOTION AND PROCEDURAL RULINGS
2016-1882. State v. Graham.
Portage C.P. No. 2016 CR 107 E. On appellant’s
second motion for extension of time to transmit
record. Motion granted. The record shall be filed
no later than September 19, 2017.
MISCELLANEOUS DISMISSALS
2015-1715. In re Application of Buckeye Wind,
L.L.C.
Power Siting Board, Nos. 08-666-EL-BGN and
13-360-EL-BGA. On joint application for
dismissal. Application granted. Cause dismissed.
Supreme Court Case Announcement for June 22,
2017
CASE ANNOUNCEMENTS
June 22, 2017
[Cite as 06/22/2017 Case Announcements, 2017-
Ohio-4433.]
MERIT DECISIONS WITH OPINIONS
2015-2063. Terraza 8, L.L.C. v. Franklin County
Bd. of Revision , Slip Opinion No. 2017-Ohio-
4415.
Board of Tax Appeals, Nos. 2015-279 and 2015-
280. Decision vacated and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0221. Columbus Bar Assn. v. Kluesener ,
Slip Opinion No. 2017-Ohio-4417.
On Certified Report by the Board of Professional
Conduct, No. 2016-036. Jeffrey Thomas
Kluesener, Attorney Registration No. 0087256,
suspended from the practice of law for six
months, with the entire suspension stayed on
condition.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0188. Georgetown/Chase Phase I, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1903 and 2015-
1904. On joint motion to remand. Motion granted.
Cause remanded to the Board of Tax Appeals.
2017-0614. State ex rel. Kanter v. Cleveland
Heights.
On appellee’s motion to strike notice of appeal
and memorandum in support of
jurisdiction. Motion denied. Appellee may file a
memorandum in response within 30 days.
DISCIPLINARY CASES
2015-1638. Disciplinary Counsel v. Bartels.
On application for reinstatement. N. Shannon
Bartels, Attorney Registration No. 0064012,
reinstated to the practice of law.
MISCELLANEOUS DISMISSALS
2016-1736. State ex rel. Matheny v. Knece.
In Prohibition. On relators’ application for
dismissal. Application granted. Cause dismissed.
2017-0408. State v. Smith.
Ashtabula App. No. 2015-A-0027, 2016-Ohio-
8420. Appellant has not filed a memorandum in
support of jurisdiction, due June 16, 2017, and
therefore has failed to prosecute this case with
due diligence. Cause dismissed.
MEDIATION MATTERS
2017-0589. State ex rel. Klein v. Precision
Excavating & Grading Co.
Franklin App. No. 15AP-908, 2017-Ohio-1020.
This case is returned to the regular docket under
S.Ct.Prac.R. 19.01. The appellant shall file a brief
within 40 days, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07. As provided in S.Ct.Prac.R. 16.07,
the court may dismiss the case or take other
action if the parties fail to timely file merit briefs.
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0743. Eastland Manor Apartments, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-537.
2017-0778. State ex rel. Honda of Am. Mfg., Inc.
v. Indus. Comm.
Franklin App. No. 15AP-1064, 2017-Ohio-2627.
2017-0790. State ex rel. Jackson Tube Serv., Inc.
v. Indus. Comm.
Franklin App. No. 16AP-351, 2017-Ohio-1573.
2017-0792. GC Net Lease @ (3) (Westerville)
Investors, L.L.C. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-540.
Board of Professional Conduct: Operation of
Virtual Law Offices Permissible
Staff Report | June 22, 2017
The Board of Professional Conduct today issued
an advisory opinion permitting virtual law offices.
The Board also took action to withdraw a
superseded advisory opinion.
In Advisory Opinion 2017-5 the Board concludes
that the operation of virtual law office is
permissible under the Ohio Rules of Professional
Conduct. A virtual law office allows a lawyer to
work remotely, relying almost entirely on
technology to communicate with clients, store
client files, and conduct legal research, in place of
a traditional “bricks and mortar” office.
The Board determines, in accord with opinions
issued by other state conduct boards, that a
lawyer may use a home or office address, the
address of shared space, or a post office box as
the required “office address” in communications
with clients, courts, and other lawyers.
The opinion addresses the ethical issues inherent
in a virtual law office and reinforces that the
conduct rules require a lawyer to stay abreast of
changes in technology and take steps to ensure
that a client’s information, especially electronic
data stored in the “cloud,” is protected from
inadvertent disclosure. The opinion also reminds
lawyers that the use of third parties to provide
technological services, such as offsite data
storage, require lawyers to ensure the vendor acts
in a manner consistent with their ethical
obligations.
Because of the nature of a virtual law office, the
Board concludes that a lawyer must be mindful of
the requirement to keep a client reasonably
informed in order to enable the client to make
decisions about the lawyer’s representation. The
Board recommends that a lawyer operating a
virtual law office notify the client about the use of
technology in a written fee agreement.
The Board also concludes it is appropriate for a
lawyer operating a virtual law office to share
nonexclusive office space with other professionals
to receive mail, meet clients in person, or conduct
depositions. However, the lawyer must take
precautions to ensure the confidentiality of client
communications and information in an
environment where all tenants share resources
like Wi-Fi and a common receptionist or other
staff.
The Board also withdrew Adv. Op. 1988-08. The
opinion dealt with the question of when a part-
time city prosecutor may represent criminal
defendants. The Board concluded that Adv. Ops.
2007-4, 2008-5, 2008-6, and 2014-2 superseded
all portions of Adv. Op. 1988-08.
Advisory Opinions of the Board of Professional
Conduct are nonbinding opinions in response to
prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the
Government of the Bar of Ohio, the Supreme
Court Rules for the Government of the Judiciary,
the Ohio Rules of Professional Conduct, the Ohio
Code of Judicial Conduct, and the Attorney’s Oath
of Office
Supreme Court Second Case Announcement for
June 21, 2017
CASE ANNOUNCEMENTS
June 21, 2017
[Cite as 06/21/2017 Case Announcements #2,
2017-Ohio-4396.]
MERIT DECISIONS WITH OPINIONS
2016-1240. In re Application of Callam , Slip
Opinion No. 2017-Ohio-4361.
On Report by the Board of Commissioners on
Character and Fitness, No. 636. Michael
Alexander Callum’s application for admission to
the practice of law disapproved and license to
practice law revoked, but he may reapply for
admission after June 21, 2019.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Donnell, J., concurs in part and dissents in part,
with an opinion joined by O’Connor, C.J.
2016-1820. Columbus Bar Assn. v. Lindner , Slip
Opinion No. 2017-Ohio-4362.
On Certified Report by the Board of Professional
Conduct, No. 2015-058. Kristina Marie Lindner,
Attorney Registration No. 0088516, indefinitely
suspended from the practice of law.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
MERIT DECISIONS WITHOUT OPINIONS
2016-1011. Kerns v. Simmers.
In Mandamus. Sua sponte, the court orders that
the parties shall file supplemental briefs that
address the following issues:
1. The applicability to this action of the “takings”
provisions of Article I, Section 19 of the Ohio
Constitution and the 5th and 14th Amendments to
the United States Constitution; and
2. Whether there is an adequate remedy at law
available to relators in lieu of this mandamus
action.
Relators shall file a supplemental brief within 20
days and respondents shall file a supplemental
brief within 15 days of the filing of relators’ brief.
No requests or stipulations for extension of time to
file briefs are permitted and the clerk of court shall
refuse to file any requests or stipulations for
extension of time.
Oral argument shall be scheduled in this case
after the filing of the supplemental briefs.
2017-0235. Armstrong v. Wainwright.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0325. State ex rel. Williams v. Fifth Dist.
Court of Appeals.
In Procedendo. On complaint in procedendo of
Agatha Martin Williams. On S.Ct.Prac.R. 12.04
determination, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0443. State ex rel. Peterson v. Carr.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0450. Simmons v. Miller.
In Mandamus. On answer of respondent. On
S.Ct.Prac.R. 12.04 determination, cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0506. Pianowski v. Coleman.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0527. State ex rel. Staats v. State.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0603. Turner v. Monroe.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0484. State v. Moore.
Erie App. No. E-16-030, 2017-Ohio-673. On
review of order certifying a conflict. The court
determines that no conflict exists within the
meaning of S.Ct.Prac.R. 8.02. Cause dismissed.
O’Connor, C.J., and O’Neill and DeWine, JJ.,
dissent.
2017-0520. State v. Clay.
Mahoning App. No. 08 MA 2, 2009-Ohio-1204. On
motion for leave to file delayed appeal. Motion
denied.
2017-0521. State v. Letcher.
Hamilton App. No. C-120816. On motion for leave
to file delayed appeal. Motion denied.
DeWine, J., not participating.
2017-0523. State v. Ross.
Ottawa App. No. OT-16-004, 2017-Ohio-675. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, O’Neill, and Fischer, JJ., dissent.
2017-0525. State v. Rice.
Ashtabula App. No. 2015-A-0071, 2017-Ohio-501.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy, O’Neill, and Fischer, JJ., dissent.
2017-0528. Bey v. State.
Lucas App. No. L-16-1088, 2017-Ohio-404. On
motion to stay judgment and
dismiss costs. Motion denied.
2017-0539. State v. Dubose.
Lucas App. No. L-15-1194, 2016-Ohio-7883. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0546. State v. Winbush.
Clark App. No. 2016-CA-1, 2017-Ohio-696. On
motion for leave to file delayed appeal. Motion
granted. Appellant shall file a memorandum in
support of jurisdiction within 30 days of the date of
this entry.
O’Connor, C.J., and O’Donnell, J., dissent.
2017-0557. State v. Boles.
Montgomery App. No. 18762. On motion for leave
to file delayed appeal. Motion denied.
2017-0560. State v. McCall.
Cuyahoga App. No. 104479, 2017-Ohio-296. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0571. State v. Kirby.
Summit App. No. 27986, 2016-Ohio-8138. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
O’Connor, C.J., not participating.
2017-0577. State v. Leonard.
Ross App. No. 16CA3573, 2017-Ohio-1541. On
motion for stay of court of appeals’ judgment.
Motion granted and posted bond continued.
O’Donnell and DeWine, JJ., dissent.
2017-0583. State v. Herring.
Cuyahoga App. No. 104441, 2017-Ohio-743. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill and DeWine, JJ., dissent.
2017-0585. State v. Lytle.
Franklin App. No. 13AP-866, 2015-Ohio-1133. On
motion for leave to file delayed
appeal. Motion denied.
2017-0591. State v. McManaway.
Hocking App. No. 16CA8, 2016-Ohio-7470. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0595. State v. Churchill.
Franklin App. Nos. 16AP-460, 16AP-461, and
16AP-462. On motion for leave to file delayed
appeal. Motion denied.
Fischer and DeWine, JJ., dissent.
2017-0678. State v. D.F.
Montgomery App. No. 27032, 2017-Ohio-2882.
On motion for stay of court of appeals’ judgment.
Motion granted. Judgment stayed pending appeal
to this court.
O’Connor, C.J., and O’Neill, J., dissent.
APPEALS ACCEPTED FOR REVIEW
2016-1486. Sunoco Pipeline, L.P. v. Teter.
Harrison App. Nos. 16 HA 0002 and 16 HA 0005,
2016-Ohio-7073. Discretionary appeal accepted
on proposition of law No. I.
Kennedy and French, JJ., would also accept the
appeal on proposition of law Nos. II, III, and IV.
O’Neill, J., would also accept the appeal on
proposition of law Nos. II and III.
O’Donnell, Fischer, and DeWine, JJ., dissent.
2017-0483. State v. Moore.
Erie App. No. E-16-030, 2017-Ohio-673.
O’Connor, C.J., and Kennedy, J., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1214. State v. Mundt.
Noble App. No. 13 NO 0406, 2016-Ohio-4802.
2016-1622. State v. Curtis.
Allen App. No. 1-15-55, 2016-Ohio-6978.
O’Neill, J., dissents.
2016-1632. Locigno v. 425 W. Bagley, Inc.
Cuyahoga App. No. 103379, 2016-Ohio-5924.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2016-1633. State v. Hayes.
Montgomery App. No. 26379, 2016-Ohio-7241.
O’Donnell, J., dissents and would accept the
cause on proposition of law No. I.
2016-1639. State v. Goins.
Cuyahoga App. No. 103874, 2016-Ohio-5930.
2016-1640. Heartland of Urbana OH, L.L.C. v.
McHugh Fuller Law Group, P.L.L.C.
Champaign App. No. 2016-CA-3, 2016-Ohio-
6959.
2016-1641. Checkers Pub, Inc. v. Sofios.
Wood App. No. WD-15-054, 2016-Ohio-6963.
2016-1643. State v. Scott.
Cuyahoga App. No. 103696, 2016-Ohio-5929.
O’Connor, C.J., dissents, would accept the cause
on proposition of law No. I, and would reverse the
judgment of the court of appeals on the authority
of State v. Underwood, 124 Ohio St.3d 365, 2010-
Ohio-1, 922 N.E.2d 923, and State v. Rogers, 143
Ohio St.3d 385, 2015-Ohio-2459, 38 N.E.3d 860.
Kennedy, J., dissents.
2016-1647. State v. Magnone.
Clark App. No. 2015-CA-94, 2016-Ohio-7100.
2016-1653. Bretz v. Nagy.
Portage App. No. 2015-P-0082, 2016-Ohio-3008.
2016-1658. Kitson v. Gordon Food Serv.
Medina App. No. 15CA0078-M, 2016-Ohio-7079.
2016-1660. State ex rel. Huttman v. Parma.
Cuyahoga App. No. 103691, 2016-Ohio-5624.
2016-1664. Griggs v. Thompson.
Franklin App. No. 16AP-229, 2016-Ohio-7138.
2016-1665. Gordon v. Erie Islands Resort &
Marina.
Ottawa App. No. OT-15-035, 2016-Ohio-7107.
O’Donnell, J., dissents and would accept the
cause on proposition of law No. I.
Kennedy, J., dissents.
2016-1671. Simons v. Buldas.
Lucas App. No. L-15-1316, 2016-Ohio-7111.
2016-1672. In re A.B.
Hamilton App. No. C-150743.
Kennedy, French, and O’Neill, JJ., dissent.
William A. Klatt, Tenth District Court of Appeals,
sitting for Fischer, J.
2016-1675. In re T.U.
Montgomery App. No. 26942, 2016-Ohio-7104.
2016-1677. In re L.J.W.
Ashland App. No. 16 COA 013, 2016-Ohio-7054.
2016-1683. Mason v. Mason Professional
Firefighters, IAFF Local 4049.
Warren App. No. CA2015-12-111, 2016-Ohio-
7194.
Kennedy and O’Neill, JJ., dissent.
2016-1684. State v. Thompson.
Trumbull App. No. 2015-T-0087, 2016-Ohio-7154.
2016-1686. Spellman Outdoor Advertising Servs.,
L.L.C. v. Turnpike & Infrastructure Comm.
Portage App. No. 2015-P-0081, 2016-Ohio-7152.
O’Donnell, J., dissents.
Fischer, J., not participating.
2016-1687. Bryan v. Valley Care Health Sys. of
Ohio.
Mahoning App. No. 2015-T-0130, 2016-Ohio-
7156.
O’Neill, J., dissents.
2016-1696. State v. Bronson.
Hamilton App. No. C-150461.
Fischer, J., not participating.
2016-1705. Johnston v. State.
Franklin App. No. 12AP-1022, 2016-Ohio-4761.
2016-1707. State v. Bluhm.
Franklin App. No. 15AP-938, 2016-Ohio-7126.
2016-1710. Snyder v. Grant.
Cuyahoga App. No. 103796, 2016-Ohio-5247.
O’Donnell, J., dissents.
2016-1711. State v. Sowers.
Perry App. No. 16 CA 00002, 2016-Ohio-7500.
O’Connor, C.J., dissents.
2016-1714. L.G. Harris Family Ltd. Partnership I v.
905 S. Main St. Englewood, L.L.C.
Montgomery App. No. 26682, 2016-Ohio-7242.
2016-1733. State v. Easley.
Franklin App. Nos. 16AP-10 and 16AP-9, 2016-
Ohio-7271.
2016-1741. State v. Hardman.
Hamilton App. No. C-150549.
Fischer and DeWine, JJ., not participating.
2016-1749. In re Estate of Faldon.
Erie App. No. E-15-071, 2016-Ohio-7337.
Kennedy, J., dissents.
2016-1756. State v. Miller.
Butler App. No. CA2016-01-007, 2016-Ohio-7360.
2016-1758. State v. Smith.
Licking App. No. 16-CA-15, 2016-Ohio-7390.
2016-1765. Phelps v. Saffian.
Cuyahoga App. No. 103549, 2016-Ohio-5514.
2016-1774. State v. Vaughn.
Summit App. No. 27902, 2016-Ohio-7384.
Fischer, J., dissents.
2016-1786. State v. Moore.
Cuyahoga App. No. 104082, 2016-Ohio-7226.
2016-1890. State v. Williams.
Lorain App. No. 16CA010900, 2016-Ohio-7345.
O’Neill, J., dissents.
2017-0137. State v. Xu.
Delaware App. No. 15 CAA 11 0094, 2016-Ohio-
8238.
2017-0138. State v. Xu.
Delaware App. No. 15 CAA 11 0091, 2016-Ohio-
8237.
2017-0165. Benchmark Bank v. Kimberly Office
Park, L.L.C.
Franklin App. No. 15AP-770, 2016-Ohio-8338.
2017-0167. State v. Kozic.
Mahoning App. No. 15 MA 0215, 2016-Ohio-8556.
2017-0168. State v. Burrell.
Fayette App. No. CA2016-04-005, 2016-Ohio-
8454.
2017-0181. State v. Boware.
Summit App. No. 27975, 2016-Ohio-7024.
O’Connor, C.J., not participating.
2017-0190. State v. Johnson.
Delaware App. No. 16 CAA 08 0033, 2016-Ohio-
7731.
2017-0194. State v. Seal.
Highland App. No. 16CA14, 2017-Ohio-116.
2017-0195. State v. Cochran.
Clark App. No. 2016-CA-33, 2017-Ohio-217.
2017-0203. State v. Miller.
Columbiana App. No. 14 CO 0047, 2016-Ohio-
8544.
2017-0215. State v. Jackson.
Cuyahoga App. No. 104645, 2017-Ohio-107.
2017-0218. Wolfe v. Accountancy Bd.
Franklin App. No. 16AP-453, 2016-Ohio-8542.
2017-0222. State v. Andrews.
Lake App. No. 2016-L-048, 2016-Ohio-8517.
2017-0229. State v. Canada.
Franklin App. No. 16AP-7, 2016-Ohio-5948.
2017-0231. Rocky River v. Collins.
Cuyahoga App. No. 104180, 2017-Ohio-14.
2017-0232. State v. Smith.
Hamilton App. No. C-150691.
Fischer and DeWine, JJ., not participating.
2017-0248. State v. Pulliam.
Scioto App. No. 16CA3759, 2017-Ohio-127.
2017-0249. State v. Gray.
Richland App. No. 2011 CA 112.
2017-0257. State v. Catney.
Cuyahoga App. No. 104141, 2017-Ohio-90.
2017-0259. Ebbing v. Stewart.
Butler App. No. CA2016-05-085, 2016-Ohio-7645.
2017-0282. State v. Lunder.
Cuyahoga App. No. 103653, 2017-Ohio-84.
2017-0291. Czyz v. Best Choice Moving, Inc.
Guernsey App. No. 16-CA-23. Emergency motion
for injunction denied as moot.
2017-0292. State v. Moore.
Stark App. No. 2016CA00211, 2017-Ohio-602.
2017-0300. State v. Cooks.
Clark App. No. 2016-CA-40, 2017-Ohio-218.
2017-0303. State v. Buck.
Summit App. No. 27597, 2017-Ohio-273.
2017-0306. State v. Reece.
Montgomery App. No. 27081, 2017-Ohio-222.
Fischer, J., dissents.
2017-0310. State v. Adams.
Lawrence App. No. 16CA23, 2017-Ohio-519.
O’Neill and Fischer, JJ., dissent.
2017-0313. State v. Armengau.
Franklin App. No. 16AP-355, 2017-Ohio-197.
2017-0318. State v. King.
Franklin App. Nos. 15AP-930, 15AP-931, and
15AP-933, 2016-Ohio-1247.
O’Donnell, J., not participating.
2017-0320. State v. Fairrow.
Montgomery App. No. 26936, 2017-Ohio-220.
2017-0337. State v. Brigner.
Athens App. No. 16CA25.
2017-0361. State v. Ferguson.
Franklin App. No. 16AP-307, 2017-Ohio-556.
2017-0364. State v. Lofton.
Pickaway App. No. 16CA8, 2017-Ohio-757.
2017-0500. State v. Upkins.
Shelby App. No. 17-16-04. Motion to consolidate
case denied.
Fischer, J., dissents and would accept the appeal
and hold the cause for decision in 2016-1742,
State v. Upkins.
2017-0501. State v. Durham.
Cuyahoga App. Nos. 103352 and 103382, 2017-
Ohio-954.
2017-0526. In re H.D.
Warren App. No. CA2016-11-098, 2017-Ohio-
1333.
2017-0594. In re Adoption of N.T.R.
Franklin App. No. 16AP-589, 2017-Ohio-265.
RECONSIDERATION OF PRIOR DECISIONS
2015-1756. McGowan v. Medpace, Inc.
Hamilton App. Nos. C-140634 and C-140652,
2015-Ohio-3743. Reported at __ Ohio St.3d __,
2017-Ohio-1340, __ N.E.3d __. On motion for
reconsideration. Motion denied.
Cannon, J., dissents and would grant the motion
in part and would reconsider the decision to
dismiss the cause as having been improvidently
accepted.
Brunner, J., dissents.
Timothy P. Cannon, J., of the Eleventh District
Court of Appeals, sitting for Fischer, J.
Jennifer L. Brunner, J., of the Tenth District Court
of Appeals, sitting for DeWine, J.
2016-0252. State ex rel. Bradford v. Dinkelacker.
Hamilton App. No. C-150714. Reported at __
Ohio St.3d __, 2017-Ohio-1342, __ N.E.3d __. On
motion for reconsideration. Motion denied.
Fischer and DeWine, JJ., not participating.
2016-0750. Perry v. Sloan.
Ashtabula App. No. 2015-A-0064, 2016-Ohio-
1605. Reported at __ Ohio St.3d __, 2017-Ohio-
1404, __ N.E.3d __. On motion for
reconsideration. Motion denied.
2016-1369. State v. Amegatcher.
Delaware App. No. 15 CAC 10 0081, 2016-Ohio-
5198. Reported at 148 Ohio St.3d 1443, 2017-
Ohio-1427, 72 N.E.3d 657. On motion for
reconsideration. Motion denied.
2016-1405. Wetzel v. Auto Owners Ins. Co.
Darke App. No. 2015-CA-25, 2016-Ohio-5355.
Reported at 148 Ohio St.3d 1443, 2017-Ohio-
1427, 72 N.E.3d 657. On motion for
reconsideration. Motion denied.
2017-0258. State v. Taylor.
Cuyahoga App. No. 104284, 2016-Ohio-8311.
Reported at 148 Ohio St.3d 1442, 2017-Ohio-
1427, 72 N.E.3d 656. On motion for
reconsideration. Motion denied.
Supreme Court Case Announcement for June 21,
2017
CASE ANNOUNCEMENTS
June 21, 2017
[Cite as 06/21/2017 Case Announcements, 2017-
Ohio-4418.]
MOTIONS AND PROCEDURAL RULINGS
2013-2026. In re Rev. of Alternative Energy Rider
Contained in Tariffs of Ohio Edison Co.
Public Utilities Commission, No. 11-5201-EL-
RDR. On request for clarification and guidance
regarding the court’s notice of oral argument.
Request stricken as untimely. The parties shall
determine how to share the time allotted to each
side.
Supreme Court Case Announcement for June 20,
2017
CASE ANNOUNCEMENTS
June 20, 2017
[Cite as 06/20/2017 Case Announcements, 2017-
Ohio-4394.]
MERIT DECISIONS WITH OPINIONS
2015-0389. W. Carrollton City Schools Bd. of Edn.
v. Montgomery Cty. Bd. of Revision, Slip Opinion
No. 2017-Ohio-4328.
Board of Tax Appeals, No. 2012-4862. Decision
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and Fischer, JJ., concur.
DeWine, J., concurs in judgment only.
2016-1821. Disciplinary Counsel v. Martyniuk, Slip
Opinion No. 2017-Ohio-4329.
On Certified Report by the Board of
Commissioners, No. 2016-015. Andrew Osyp
Martyniuk, Attorney Registration No. 0064997, is
hereby indefinitely suspended from the practice of
law with no credit for time served under interim
felony suspension.
O’Connor, C.J., and Kennedy, French, O’Neill,
and DeWine, JJ., concur.
O’Donnell, J., would permanently disbar
respondent.
Fischer, J., not participating.
MOTION AND PROCEDURAL RULINGS
2015-1309. State v. Ford.
Summit Cty. C.P. CR 2013 04 1008(A). On motion
for extraordinary fees and interim billing. Motion
for extraordinary fees denied. Motion for interim
billing granted.
OHIO CASE ANNOUNCEMENTS
June 19, 2017
[Cite as 06/19/2017 Case Announcements, 2017-
Ohio-4333.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JUNE 19, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the June 19, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-1377. State v. Noling, 149 Ohio St.3d 327,
2016-Ohio-8252.
2014-1781. Emerson Network Power Energy
Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision,
149 Ohio St.3d 369, 2016-Ohio-8392.
2014-1953. Simpkins v. Grace Brethren Church of
Delaware, Ohio, 149 Ohio St.3d 307, 2016-Ohio-
8118.
2014-2028. State v. Martin, 149 Ohio St.3d 292,
2016-Ohio-7196.
2015-0348. Argabrite v. Neer, 149 Ohio St.3d 349,
2016-Ohio-8374.
2015-0794. Mason Cos., Inc. v. Testa, 149 Ohio
St.3d 299, 2016-Ohio-7768.
2015-0917. T. Ryan Legg Irrevocable Trust v.
Testa, 149 Ohio St.3d 376, 2016-Ohio-8418.
2015-1340. Jacobson v. Kaforey, 149 Ohio St.3d
398, 2016-Ohio-8434.
2015-1879. State ex rel. Carroll v. Galion Assisted
Living, Ltd., 149 Ohio St.3d 326, 2016-Ohio-8117.
2016-0854. Geauga Cty. Bar Assn. v. Snavely,
149 Ohio St.3d 301, 2016-Ohio-7829.
16-AP-088. In re Disqualification of Martin, 149
Ohio St.3d 1233, 2016-Ohio-8590.
16-AP-093. In re Disqualification of Enlow, 149
Ohio St.3d 1235, 2016-Ohio-8604.
16-AP-099. In re Disqualification of Swenski, 149
Ohio St.3d 1237, 2016-Ohio-8593.
New Ohio Judicial College Website Debuts
It just got easier for partners in the Ohio judicial
system to get the education they need.
The State Supreme Court’s Judicial College is
launching its website offering one stop shopping
to register and take online courses to help judges,
guardians, and others complete their continuing
legal or professional education.
“We’re excited to say this is the portal for our
education delivered through the Judicial College
for all of our online education as well as our face
to face events, “said Christopher Fields,
Curriculum Manager for the Ohio Judicial College.
The site is called OhioCourtEDU and so far it’s
been a huge success. Since it launched a couple
weeks ago, one thousand people have jumped
online to get access.
“With this new system, we are going to be able to
grow, as far as the number of courses we offer,
the experience for those learners out there taking
our courses, the judges, magistrates and court
personnel.” Said Christy Tull, the director of the
Ohio Judicial College.
The old system required court personnel and
court affiliates to access multiple sites for
registration and training.
“Now this is done seamlessly through one
system.”
Among those professionals receiving education
from the Supreme Court of Ohio Judicial College,
judges are required to complete a minimum of 40
continuing legal education (or CLE) hours every
two years, of which ten must come from the
judicial college. Magistrates must complete a
minimum of 24 CLE hours every two years.
Guardians and probation officers also have
mandatory education.
To access just log onto this link — still available
on the Supreme Court’s website:
http://www.supremecourt.ohio.gov/Boards/judColl
ege/default.aspx#
This new portal gives the state of Ohio an edge.
We are pretty much leading the pack as to the
courses we are doing.”
OHIO CASE ANNOUNCEMENTS
June 16, 2017
[Cite as 06/16/2017 Case Announcements, 2017-
Ohio-4315.]
MOTION AND PROCEDURAL RULINGS
2016-1150. TEG Properties, Inc. v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-1906. On the
joint motion to remand the appeal to the Board of
Tax Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
DISCIPLINARY CASES
2017-0677. Cleveland Metro. Bar Assn. v.
Butscher.
On certification of default. Alisa Carol Butscher,
Attorney Registration No. 0066103, suspended
from the practice of law for an interim period.
Supreme Court Case Announcement for June 15,
2017
CASE ANNOUNCEMENTS
June 15, 2014
[Cite as 06/15/2017 Case Announcements, 2017-
Ohio-4289.]
MERIT DECISIONS WITH OPINIONS
2015-0322. Dialysis Ctrs. of Dayton, L.L.C. v.
Testa , Slip Opinion No. 2017-Ohio-4269.
Board of Tax Appeals, Nos. 2012-138, 2012-139,
2012-140, and 2012-141. Decisions affirmed in
part and reversed in part and cause remanded.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., concurs in part and dissents in part
and would affirm the Board of Tax Appeals’
decision to deny exemption for tax year 2007.
2015-2053. Disciplinary Counsel v. Alo , Slip
Opinion No. 2017-Ohio-4270.
On Certified Report by the Board of Professional
Conduct, No. 2015-057. Mohammed Noure Alo,
Attorney Registration No. 0078288, permanently
disbarred from the practice of law in Ohio.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0551. Ford Motor Credit Co. v. Agrawal.
Cuyahoga App. No. 103667, 2016-Ohio-5928. On
motion for admission pro hac vice of Jonathan D.
Hacker. Motion granted.
DISCIPLINARY CASES
2017-0403. In re Reed.
Sua sponte, Joseph Dues Reed, Attorney
Registration No. 0025938, last known business
address in Columbus, Ohio, found in contempt for
failure to comply with this court’s order of April 12,
2017.
Supreme Court Case Announcement for
June 14, 2017
CASE ANNOUNCEMENTS
[Cite as 06/14/2017 Case
Announcements, 2017-Ohio-4268.]
MOTION AND PROCEDURAL RULINGS
2015-1332. Accel, Inc. v. Testa.
Board of Tax Appeals, No. 2012-
2840. On appellee/cross-appellant’s
motion to set date and time for
oral argument. Motion denied as
moot.
DISCIPLINARY CASES
2017-0784. In re Moore. On
certified entry of felony
conviction. Gregory Joseph Moore,
Attorney Registration No. 0076156,
last known business address in
Northfield, Ohio, suspended from
the practice of law for an interim
period.
Board of Professional Conduct Files
Disciplinary Case Reports and
Recommendations
Staff Report | June 13, 2017
The Ohio Board of Professional
Conduct today announced the filing
of disciplinary case reports with
the Ohio Supreme Court. Eight
reports recommend discipline for
attorneys charged with professional
misconduct.
The parties will have an
opportunity to file objections to
the board’s report and
recommendation with the Supreme
Court. If objections are filed, the
case will be scheduled for oral
argument.
Additional information about each
case, including the report and
recommendation, may be obtained by
clicking on the hyperlink for each
case. Questions regarding pending
cases should be directed to the
Office of Public Information at
614.387.9250.
Champaign County
Disciplinary Counsel v. Christopher
Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite
suspension
Cuyahoga County
Ohio State Bar Association v. Lance
Timothy Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment
Cleveland Metropolitan Bar
Association v. Rosel Charles Hurley
III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment
Franklin County
Columbus Bar Association v. Eric
Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month
suspension, stayed
Hamilton County
Cincinnati Bar Association v.
William Douglass Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public
reprimand
Highland County
Disciplinary Counsel v. Magistrate
Cynthia Ann Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public
reprimand
Montgomery County
Dayton Bar Association v. Derrick
Anthony Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month
suspension, stayed
Perry County
Disciplinary Counsel v. Steven
Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month
suspension, stayed
Board of Professional Conduct Files Disciplinary
Case Reports and Recommendations
Staff Report | June 13, 2017
The Ohio Board of Professional Conduct today
announced the filing of disciplinary case reports
with the Ohio Supreme Court. Eight reports
recommend discipline for attorneys charged with
professional misconduct.
The parties will have an opportunity to file
objections to the board’s report and
recommendation with the Supreme Court. If
objections are filed, the case will be scheduled for
oral argument.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Champaign County
Disciplinary Counsel v. Christopher Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite suspension
Cuyahoga County
Ohio State Bar Association v. Lance Timothy
Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment
Cleveland Metropolitan Bar Association v. Rosel
Charles Hurley III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment
Franklin County
Columbus Bar Association v. Eric Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month suspension,
stayed
Hamilton County
Cincinnati Bar Association v. William Douglass
Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public reprimand
Highland County
Disciplinary Counsel v. Magistrate Cynthia Ann
Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public reprimand
Montgomery County
Dayton Bar Association v. Derrick Anthony
Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month suspension,
stayed
Perry County
Disciplinary Counsel v. Steven Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month suspension,
stayed
Board of Professional Conduct Files Disciplinary
Case Reports and Recommendations
Staff Report | June 13, 2017
The Ohio Board of Professional Conduct today
announced the filing of disciplinary case reports
with the Ohio Supreme Court. Eight reports
recommend discipline for attorneys charged with
professional misconduct.
The parties will have an opportunity to file
objections to the board’s report and
recommendation with the Supreme Court. If
objections are filed, the case will be scheduled for
oral argument.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Champaign County
Disciplinary Counsel v. Christopher Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite suspension
Cuyahoga County
Ohio State Bar Association v. Lance Timothy
Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment
Cleveland Metropolitan Bar Association v. Rosel
Charles Hurley III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment
Franklin County
Columbus Bar Association v. Eric Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month suspension,
stayed
Hamilton County
Cincinnati Bar Association v. William Douglass
Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public reprimand
Highland County
Disciplinary Counsel v. Magistrate Cynthia Ann
Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public reprimand
Montgomery County
Dayton Bar Association v. Derrick Anthony
Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month suspension,
stayed
Perry County
Disciplinary Counsel v. Steven Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month suspension,
stayed
Supreme Court Case Announcement for June 13,
2017
CASE ANNOUNCEMENTS
[Cite as 06/13/2017 Case Announcements, 2017-
Ohio-4208.]
MOTIONS AND PROCEDURAL RULINGS
2017-0611. Ashtabula v. Jones.
Ashtabula App. No. 2016-A-0053, 2017-Ohio-
1103. Appellant’s memorandum in support of
jurisdiction fails to comply with S.Ct.Prac.R.
7.02(B), which requires that a memorandum “shall
not exceed fifteen numbered pages, exclusive of
the table of contents and the certificate of
service.” Sua sponte, pages 16 through18 of the
memorandum in support of jurisdiction are
stricken.
2017-0616. Portee v. Cleveland Clinic Found.
Cuyahoga App. No. 104693, 2017-Ohio-1053. On
motion for admission pro hac vice of Matthew
Schiller. Motion granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice of permission to
appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days.
The Art of eFiling: Clicks and Digits Relieve
Stress
The Art of eFiling
Staff Report | June 12, 2017
Image of a finger pressing an icon representing a
document (THINKSTOCK)
The Supreme Court launched eFiling in January
2015. Two years later, it's considered a
tremendous success.
His anxiety never reached panic level, but
Cuyahoga County assistant prosecutor Daniel T.
Van sweated through some close calls when filing
paper documents with the Ohio Supreme Court.
“Prior to electronic filing, there have been times in
which I had to drive to Columbus to file a
document or rely upon the assistance of
colleagues in Columbus to file a document in
order to meet a deadline,” Van explained.
Although he was close, he never missed a
deadline. But the time and money spent on
making copies and taking them up to the 8th floor
Clerk of Court’s office was a lot of work and worry.
“Our staff understood the Court’s filing
requirements and would have to work diligently to
ensure that briefs were properly formatted with
enough lead time to ensure that the appropriate
number of copies (such as 16 copies for a merit
brief) were made and timely delivered and filed
with the Clerk of Court. We would have to track
our filings to ensure that the clerk received our
briefs by the filing deadline,” Van said.
The Cuyahoga County prosecutor’s office was
fortunate in its ability to meet the deadlines. Other
attorneys weren’t so lucky.
“It would be not uncommon for it to be at the end
of the day and we would get a call saying, ‘I’m in
Mansfield and I’m going as quickly as I can,’” said
Steve Kahler, with the Supreme Court’s Clerk’s
office. “Or to unfortunately not make it in time and
to be waiting at security at 5 p.m. when we
closed.”
All that drama began to fade away in January
2015 when attorneys were able to file documents
electronically. That means doing away with the
endless paper copies and binders and replacing
them with a fixed digital format. Two years later,
it’s considered a tremendous success, with more
than 74 percent of all attorney filings performed
electronically.
“It’s going great. We have had a lot of really good
feedback. We hear our system is very user
friendly, very intuitive, and people like it,” said
Sandra Grosko, the clerk of the Supreme Court of
Ohio.
The History of e-Filing
The Ohio Supreme Court was in the middle of an
e-filing sensation when conversions were
instituted at state supreme courts.
“We were twenty-something among the courts of
last resort, the supreme courts that started e-
filing,” said Grosko.
Electronic filing started as the solution for one
federal court’s crowded docket in the late 1990s.
After being piloted by 31 courts in 2001, e-filing
was implemented in every federal district court in
the United States and in several federal courts of
appeal.
The Ohio Supreme Court’s decision to use e-filing
came on the heels of a working draft of Standards
for Electronic Filing Processes in 2006.
In 2014, more than 85 Ohio lawyers who
frequently file with the court participated in a
three-month e-filing pilot program.
Cleveland Assistant Director of Law Linda
Bickerstaff was one of them.
“E-filing has certainly placed me on equal footing
with opposing counsel sometimes located in
Columbus,” Bickerstaff said. “I am extremely
pleased with the functionality of the e-filing system
and its ease of use. Prior to e-filing, sizeable
briefs, for example, had to be finalized a week in
advance, not only to ensure timely delivery to the
Court but in time to reproduce and bind the
required number of copies to be filed as well. This
meant, of course, that opposing counsel would
receive an early copy of my brief allowing them
more time to respond. The convenience of e-filing
has made life far less stressful.”
Like many attorneys, Cleveland-based Paul
Flowers was already using e-filing in the federal
system and was relieved when the Ohio Supreme
Court started its program. It eliminates the cost of
making copies and binding filings.
“We have been using the federal filing system for
about 20 years, and the Supreme Court’s system
was well worth the wait,” Flowers said. “The
system is extremely simple and straightforward.
With the limited number of options you can select,
it eliminates a lot of confusion over how the filing
should be submitted.”
After the pilot program, e-filing for the Supreme
Court was expanded to all registered lawyers in
early 2015, and to pro se filers, those individuals
who represent themselves, later in the year.
Forty percent of those who file with the Ohio
Supreme are pro se filers and represent
themselves. Sadly, only three percent of those
filers take advantage of e-filing.
“I don’t think that people who represent
themselves know that we have it,” said Kahler.
“And there’s no way to individually get that word
out. So when people call with other questions, we
mention you can file this electronically and direct
them to the place on the website where they can
do that.”
Easy Access
To access the e-filing system, one needs to create
an account with the Ohio Supreme Court’s e-
Filing Portal. Attorneys can use their attorney
registration number. Pro se filers can use an email
address. >From there, they choose the
documents they want to file and start uploading
them.
There are several guidelines for e-filing.
Filing documents does not alter deadlines
imposed by the Rules of Practice of the Supreme
Court of Ohio. Documents received after 5 p.m.
Eastern Time through the e-Filing Portal will not
be considered for filing until the next business
day.
“Our filing deadline is 5 p.m. and that is the same
for people coming into the office or e-filing. So you
can file in the middle of the night, but the
document won’t be considered for filing until the
next filing day,” Grosko said.
“The most common issue is that the end of the
filing date is at 5 o’clock and not 11:59 p.m. That’s
something I wish everybody knew or would see in
the rules before filing,” Kahler said.
Filers should allow sufficient time to set up
account credentials and become familiar with the
e-Filing Portal.
Items received through the portal will be reviewed
in the order in which they are received by the
Clerk’s Office. Due to high volume, review of
documents for compliance with the Rules of
Practice can take up to one business day.
“They can sit at their desk and they receive a
response email back saying we received your
document.” Grosko said. “One thing I want to
point out is that it doesn’t mean your document
has been filed. Because we have certain
guidelines the court requires us to look for in our
filings. So once we file the document, we send a
follow-up email saying now it’s been filed or it’s
been rejected and here is why.”
So far, the biggest challenge in the program is
when there is a technical issue on the user’s end.
“We always warn people to not wait until the last
minute because things can happen. They can
have a technical problem. So we say, ‘please
don’t wait and think you are going to do it in five
minutes,’” Grosko said.
Still, technical mistakes through electronic filing or
e-filing are more easily fixed now than in the days
before it was available.
“We have had instances in which, due to technical
issues, a filing was rejected and we would have to
scramble to correct any mistakes,” Van said. “This
would involve either timely delivering of a new
filing and copies to the Clerk’s office or correcting
the filing and copies in person. Once, I had to
disassemble several copies of a brief to correct a
typographical error in a brief at the Clerk’s office
and then re-staple all of the copies.”
In addition, use of the e-Filing Portal does not
alter the filer’s obligation to serve the other parties
to the case.
The Art of Convenience
While federal courts make e-filing mandatory, the
Ohio Supreme Court’s e-filing system is voluntary.
Attorneys like Van and others are quick to give
feedback.
“From a professional standpoint, I appreciate the
implementation of electronic filing,” he said. “The
Ohio Supreme Court’s electronic filing system has
made filing more convenient and has reduced
costs associated with making copies and mailing.
Electronic filing allows us to easily upload our
completed work product in PDF format, and the
system itself is user-friendly and straight-forward,
and eliminates time restraints previously
associated with delivery. The notification system
provides peace of mind knowing when a brief has
been accepted for filing.”
OHIO CASE ANNOUNCEMENTS
June 12, 2017
[Cite as 06/12/2017 Case Announcements, 2017-
Ohio-4205.]
MOTION AND PROCEDURAL RULINGS
2016-0899. State v. Tench.
Medina App. No. 14CR0541. On appellant’s
motion to unseal proceedings. Motion denied.
Counsel for appellant and appellee may come to
the Supreme Court of Ohio Clerk’s Office to
review the sealed documents.
DISCIPLINARY CASES
2009-1541. In re Theisler.
On petition for reinstatement. Petition granted.
Charles Walter Theisler, Attorney Registration No.
0062582, last known address in Austintown, Ohio,
is reinstated to the practice of law.
O’Donnell, J., dissents.
2017-447. In re Magee.
On application for retirement or resignation.
Application denied.
O’Donnell, J., dissents.
2017-0663. Dayton Bar Assn. v. Wilcoxson. On
certification of default. Clinton Ralph Wilcoxson II,
Attorney Registration No. 0061974, last known
business address in Vandalia, Ohio, indefinitely
suspended from the practice of law.
Supreme Court Case Announcement for June 8,
2017
CASE ANNOUNCEMENTS
June 8, 2017
[Cite as 06/08/2017 Case Announcements, 2017-
Ohio-4175.]
MISCELLANEOUS DISMISSALS
2017-0464. State ex rel. Cleveland Browns
Football Co., L.L.C. v. Indus. Comm.
Franklin App. No. 14AP-1031, 2017-Ohio-837. On
appellant’s application of dismissal. Application
granted. Cause dismissed.
DISCIPLINARY CASES
2016-1871. In re Resignation of Boston.
On motion to purge contempt. Motion granted.
2017-0341. Mahoning Cty. Bar Assn. v. Verkhlin.
On certification of default. Sua sponte, Mark
Immanuel Verkhlin, Attorney Registration No.
0083203, last known address in Talmadge, Ohio,
is found in contempt for failure to comply with this
court’s order of April 5, 2017.
Supreme Court Case Announcement for June 7,
2017
[Cite as 06/07/2017 Case Announcements, 2017-
Ohio-4159.]
MEDIATION MATTERS
2016-1394. Johnson v. Shaker Hts. Mun. Court.
In Mandamus. This case is returned to the regular
docket under S.Ct.Prac.R. 19.01. Respondent
shall file a response to the complaint within 21
days.
2017-0228. Scaglione v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2016-532, 2016-533,
2016-536, 2016-1331, and 2016-1335. This case
is returned to the regular docket under
S.Ct.Prac.R. 19.01. The appellant shall file a brief
within 40 days, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07. As provided in S.Ct.Prac.R. 16.07,
the court may dismiss the case or take other
action if the parties fail to timely file merit briefs.
2017-0389. State ex rel. Armatas v. Haas.
In Prohibition. This case is returned to the regular
docket under S.Ct.Prac.R. 19.01.
2017-0464. State ex rel. Cleveland Browns
Football Co., L.L.C. v. Indus. Comm.
Franklin App. No. 14AP-1031, 2017-Ohio-837.
This case is returned to the regular docket under
S.Ct.Prac.R. 19.01. The appellant shall file a brief
within 40 days, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07. As provided in S.Ct.Prac.R. 16.07,
the court may dismiss the case or take other
action if the parties fail to timely file merit briefs.
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0631. Kettering City School Dist. Bd. of Edn.
v. Testa.
Board of Tax Appeals, No. 2016-495.
2017-0636. State ex rel. Penske Truck Leasing
Co., L.L.P. v. Indus. Comm.
Franklin App. No. 15AP-223, 2017-Ohio-1119.
2017-0637. State ex rel. Sheets v. Indus. Comm.
Franklin App. No. 16AP-22, 2017-Ohio-1169.
2017-0655. Great Lakes Bar Control, Inc. v. Testa.
Board of Tax Appeals, No. 2016-34.
2017-0690. State ex rel. Byington Builders, Ltd. v.
Indus. Comm.
Franklin App. No. 15AP-407, 2017-Ohio-2623.
2017-0717. Hilliard City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-297.
2017-0736. Value Place Columbus OH N.W.,
L.L.C. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-292.
2017-0737. Vertex Refining OH, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2016-545 and 2016-
546.
2017-0738. State ex rel. Gunter v. Indus. Comm.
Franklin App. No. 15AP-562, 2017-Ohio-1571.
OHIO CASE ANNOUNCEMENTS
June 06, 2017
[Cite as 06/06/2017 Case Announcements, 2017-
Ohio-4132.]
MOTION AND PROCEDURAL RULINGS
2017-0442. State ex rel. Mars Urban Solutions,
L.L.C. v. Cuyahoga Cty. Fiscal Officer.
In Mandamus. On relators’ motion to strike
respondents’ motion to dismiss. Motion denied.
Relators may file a response to the motion to
dismiss within ten days of the date of this entry.
MISCELLANEOUS DISMISSALS
2016-1731. State ex rel. BC South, L.L.C. v.
Knece.
In Prohibition. On application for dismissal.
Application granted. Cause dismissed.
2017-0251. State ex rel. Daily Servs., L.L.C. v.
Buehrer, Adm.
Franklin App. No. 14AP-405, 2016-Ohio-8333.
Appellee/cross-appellant has not filed a second
merit brief, due June 1, 2017, in compliance with
the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence. The cross-
appeal of appellee/cross-appellant is dismissed.
This cause remains pending on the appeal of
appellant/cross-appellee.
DISCIPLINARY CASES
2016-0854. Geauga Cty. Bar. Assn. v. Snavely.
On application for reinstatement. Carly L. Snavely,
Attorney Registration No. 0081569, last known
address in Chagrin Falls Ohio, reinstated to the
practice of law.
2017-0359. Disciplinary Counsel v. Lech.
On application for reinstatement. Robert
Raymond Lech, Attorney Registration No.
0073078, last known address in Dublin, Ohio,
reinstated to the practice of law.
OHIO CASE ANNOUNCEMENTS
June 5, 2017
[Cite as 06/05/2017 Case Announcements, 2017-
Ohio-4106.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JUNE 5, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the June 5, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2012-0902. State v. Belton, 149 Ohio St.3d 165,
2016-Ohio-1581.
2013-1619. State v. Mole, 149 Ohio St.3d 215,
2016-Ohio-5124.
2014-0803. Walker v. Shondrick-Nau, 149 Ohio
St.3d 282, 2016-Ohio-5793.
2014-1691. Epic Aviation, L.L.C. v. Testa, 149
Ohio St.3d 203, 2016-Ohio-3392.
2015-0197. State ex rel. Pietrangelo v. Avon Lake,
149 Ohio St.3d 273, 2016-Ohio-5725.
2015-0483. Newegg, Inc. v. Testa, 149 Ohio St.3d
289, 2016-Ohio-7762.
2016-0313. Ohio Manufacturers’ Assn. v. Ohioans
for Drug Price Relief Act, 149 Ohio St.3d 250,
2016-Ohio-5377.
16-AP-043. In re Disqualification of Horton, 149
Ohio St.3d 1201, 2016-Ohio-8594.
16-AP-047. In re Disqualification of Martin, 149
Ohio St.3d 1202, 2016-Ohio-8595.
16-AP-052. In re Disqualification of Gallagher, 149
Ohio St.3d 1209, 2016-Ohio-8596.
16-AP-053. In re Disqualification of Sutula, 149
Ohio St.3d 1205, 2016-Ohio-8597.
16-AP-056. In re Disqualification of Bartolotta, 149
Ohio St.3d 1211, 2016-Ohio-8585.
16-AP-059. In re Disqualification of Ghiz, 149
Ohio St.3d 1207, 2016-Ohio-8586.
16-AP-061. In re Disqualification of McKenney,
149 Ohio St.3d 1213, 2016-Ohio-8598.
16-AP-064. In re Disqualification of Astrab, 149
Ohio St.3d 1217, 2016-Ohio-8588.
16-AP-065. In re Disqualification of Sutula, 149
Ohio St.3d 1219, 2016-Ohio-8599.
16-AP-067. In re Disqualification of Fregiato, 149
Ohio St.3d 1215, 2016-Ohio-8600.
16-AP-075. In re Disqualification of Matia, 149
Ohio St.3d 1222, 2016-Ohio-8587.
16-AP-076. In re Disqualification of Gall, 149 Ohio
St.3d 1227, 2016-Ohio-8602.
16-AP-080. In re Disqualification of McGrath, 149
Ohio St.3d 1224, 2016-Ohio-8601.
16-AP-081. In re Disqualification of Martin, 149
Ohio St.3d 1225, 2016-Ohio-8603.
16-AP-085. In re Disqualification of VonAllman,
149 Ohio St.3d 1230, 2016-Ohio-8589.
MOTION AND PROCEDURAL RULINGS
2016-1559. State v. Watkins.
Lucas App. No. L-15-1213, 2016-Ohio-5756. On
the motion of Tim Dugan to withdraw as counsel
for appellee. Motion granted. Counsel granted
leave to file an application for appointed counsel
fees.
OHIO CASE ANNOUNCEMENTS
June 1, 2017
[Cite as 06/01/2017 Case
Announcements #2, 2017-Ohio-4090.]
MOTION AND PROCEDURAL RULINGS
2016-0256. Adams v. Testa.
Board of Tax Appeals, No. 2015-
1090. On the joint motion to
consolidate with 2016-0510, Adams
v. Testa, for oral argument. Motion
granted.
Kennedy, O’Neill, and Fischer, JJ.,
would grant each side an additional
five minutes of oral argument.
2016-0510. Adams v. Testa.
Board of Tax Appeals, No. 2015-
2244. Sua sponte, cause
consolidated with 2016-0256, Adams
v. Testa, for oral argument only.
Kennedy, O’Neill, and Fischer, JJ.,
would grant each side an additional
five minutes of oral argument.
OHIO CASE ANNOUNCEMENTS
June 1, 2017
[Cite as 06/01/2017 Case Announcements, 2017-
Ohio-4060.]
MERIT DECISIONS WITH OPINIONS
2015-0187. Bohlen v. Anadarko E&P Onshore,
L.L.C., Slip Opinion No. 2017-Ohio-4025.
Washington App. No. 14CA13, 2014-Ohio-5819.
Judgment affirmed and cause remanded.
O’Connor, C.J., and O’Donnell, French, O’Neill,
Fischer, and DeWine, JJ., concur.
Kennedy, J., concurs in judgment only.
MOTION AND PROCEDURAL RULINGS
2017-0590. Williamson v. Scioto Twp. Trustees.
Pickaway App. No. 16CA5, 2017-Ohio-1099. On
appellees’ motion to strike pursuant to
S.Ct.Prac.R. 3.11(E). Motion denied. Appellees
may file a memorandum in response within 30
days.
DISCIPLINARY CASES
2017-0280. Disciplinary Counsel v. Jackson.
Sua sponte, Harry Earl Jackson, Attorney
Registration No. 0021324, last known business
address in Mansfield, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before April 24, 2017.
OHIO CASE ANNOUNCEMENTS
May 31, 2017
[Cite as 05/31/2017 Case Announcements, 2017-
Ohio-4038.]
MERIT DECISIONS WITH OPINIONS
2015-0742. Toledo Bar Assn. v. Harvey , Slip
Opinion No. 2017-Ohio-4022.
On Certified Report by the Board of Professional
Conduct, No. 2015-004. Beauregard Maximillion
Harvey, Attorney Registration No. 0078717, is
hereby permanently disbarred from the practice of
law.
O’Connor, C.J., and O’Donnell, Fischer, and
DeWine, JJ., concur.
Kennedy, French, and O’Neill, JJ., dissent and
would indefinitely suspend the respondent and
deny credit for time served under other
suspensions.
2016-1243. In re Application of Coll , Slip Opinion
No. 2017-Ohio-4023.
On Report by the Board of Commissioners on
Character and Fitness, No. 643. Shamir Lee Coll’s
application for admission to the practice of law in
Ohio is disapproved, but he may apply to take the
July 2018 bar examination.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Donnell, J., concurs in part and dissents in part,
with an opinion joined by O’Connor, C.J.
MERIT DECISIONS WITHOUT OPINIONS
2016-0747. State ex rel. Beavercreek Twp. Fiscal
Officer v. Graff.
In Mandamus. On motion to dismiss. Motion
denied. Alternative writ granted. Briefing schedule
set for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents.
2016-1776. State ex rel. Hogan Lovells US, L.L.P.
v. Ohio Dept. of Rehab. & Corr.
In Mandamus. On motion to dismiss. Motion
denied. Alternative writ granted. Briefing schedule
set for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0237. Turner v. State.
In Habeas Corpus. Sua sponte, cause dismissed.
On petitioner’s motion to be conveyed and motion
to dismiss all cases or charges. Motions denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0288. State ex rel. Dillard v. Burge.
In Mandamus. On respondent’s motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0350. State ex rel. Griffin v. Greene.
In Mandamus. On motion to dismiss. Motion
denied. Alternative writ granted. Briefing schedule
set for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
Attorney Albert G. Lin is appointed to represent
relator, pro bono.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0352. State ex rel. Walker v. Erdos.
In Mandamus. On respondent’s motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0385. Ackerman v. Bank of New York
Mellon.
Miscellaneous case. On respondent’s motion to
dismiss. Motion granted. Cause dismissed. On
relator’s motion for immediate expedited stay of
sale proceedings and stay of collections. Motions
denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0417. State ex. rel. Lopez v. Summit Cty.
Clerk of Courts.
In Mandamus. On respondent’s motion to dismiss.
Motion denied. Alternative writ granted. Briefing
schedule set for presentation of evidence and
filing of briefs pursuant to S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., concurs in part and dissents in part
and would grant the motion to dismiss.
2017-0419. Tucker v. Frary.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0435. Jones v. Krueger.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0454. Briscoe v. Eppinger.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0456. State ex rel. Burse v. Fisher [sic].
In Prohibition. On respondents’ motions to
dismiss. Motions granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and O’Neill, JJ., concur.
Fischer and DeWine, JJ., not participating.
MOTIONS AND PROCEDURAL RULINGS
2017-0437. State v. Harris.
Cuyahoga App. No. 99919, 2014-Ohio-925. On
motion for leave to file delayed appeal. Motion
denied.
2017-0455. State v. Howard.
Richland App. No. 15CA26, 2016-Ohio-4786. On
motion for leave to file delayed appeal. Motion
denied.
2017-0466. State v. Allen.
Lucas App. No. L-14-1078, 2016-Ohio-2742. On
motion for leave to file delayed appeal. Motion
denied.
2017-0479. JP Morgan Chase Bank, N.A. v.
Liggins.
Franklin App. No. 15AP-242, 2016-Ohio-3528. On
motion for stay pending appeal. Motion denied.
On motion to cancel sheriff’s sale. Motion denied.
French, J., not participating
2017-0498. State v. Mosher.
Pike App. No. 10CA815. On motion for leave to
file delayed appeal. Motion denied.
2017-0502. State v. Walker.
Crawford App. No. 3-16-07. On motion for leave
to file delayed appeal. Motion denied.
O’Neill, J., dissents.
2017-0581. Hashash v. Food Mart Plus, Inc.
Cuyahoga App. No. 104552, 2017-Ohio-1158. On
motion for stay of court of appeals’ decision.
Motion granted and bond posted with trial court
continued.
O’Connor, C.J., and O’Donnell and DeWine, JJ.,
dissent.
APPEALS ACCEPTED FOR REVIEW
2016-1629. Thomasson v. Thomasson.
Cuyahoga App. No. 104579.
O’Donnell and DeWine, JJ., dissent.
2017-0032. State v. Stevens.
Muskingum App. No. CT2016-0055, 2016-Ohio-
8568. Discretionary appeal accepted and held for
decision in 2016-0215, State v. Grimes, and
briefing schedule stayed.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1559. State v. Watkins .
Lucas App. No. L-15-1213, 2016-Ohio-5756.
O’Donnell and O’Neill, JJ., dissent.
2016-1561. Leibowitz v. State Farm Ins. Co.
Summit App. No. 27863, 2016-Ohio-5690.
O’Neill, J., dissents.
2016-1564. Nick v. Cooper.
Franklin App. No. 15AP-1109, 2016-Ohio-5678.
O’Donnell, J., dissents.
2016-1565. State v. Hopper.
Licking App. Nos. 15-CA-92, 15-CA-93, 15-CA-
94, 15-CA-95, and 15-CA-96, 2016-Ohio-5760.
2016-1567. Thyroff v. Nationwide Mut. Ins. Co.
Franklin App. No. 15AP-1043, 2016-Ohio-5715.
2016-1570. State v. Bolton.
Cuyahoga App. No. 103628, 2016-Ohio-5706.
French, J., dissents.
2016-1573. State v. Sylvester.
Cuyahoga App. No. 103841, 2016-Ohio-5710.
2016-1577. State v. Cockrell.
Hamilton App. No. C-150497, 2016-Ohio-5797.
O’Connor, C.J., and O’Neill, J., dissent and would
accept the cause on proposition of law No. III and
hold the cause for the decision in 2015-0677,
State v. Aalim.
DeWine, J., not participating.
2016-1578. State v. Chappell.
Hamilton App. No. C-150504.
O’Connor, C.J., dissents and would accept the
cause on proposition of law Nos. II and III and
hold the cause on proposition of law No. III for the
decision in 2015-0677, State v. Aalim.
O’Neill, J., dissents and would accept the cause
and hold it for the decision in 2015-0677, State v.
Aalim.
DeWine, J., not participating.
2016-1585. State v. Bangera.
Geauga App. No. 2015-G-0021, 2016-Ohio-4596.
2016-1586. Goodrich Corp. v. PolyOne Corp.
Summit App. No. 27691, 2016-Ohio-1068.
French, J., dissents and would accept the appeal
and cross-appeal.
2016-1590. State v. Speed.
Cuyahoga App. No. 103953. Motion to dismiss
denied as moot.
O’Donnell, J., dissents.
French, J., dissents and would grant the motion to
dismiss.
2016-1594. State v. Gray.
Montgomery App. No. 26473, 2016-Ohio-5869.
O’Neill, J., dissents.
2016-1601. In re D.L.
Cuyahoga App. No. 103553, 2016-Ohio-5834.
2016-1603. Vetor v. Cliffs Natural Resources, Inc.
Cuyahoga App. No. 104023, 2016-Ohio-5846.
2016-1604. State v. Haugabrook.
Cuyahoga App. No. 103693, 2016-Ohio-5838.
O’Donnell, J., dissents.
2016-1605. State v. Manning.
Cuyahoga App. No. 103879, 2016-Ohio-5841.
2016-1606. State v. Scarberry.
Franklin App. No. 15AP-775, 2016-Ohio-7065.
DeWine, J., dissents.
2016-1607. Glenn v. Columbus.
Franklin App. No. 16AP-15, 2016-Ohio-7011.
Kennedy, J., dissents.
2016-1611. State v. Thurman.
Meigs App. No. 15CA4, 2016-Ohio-7254.
2016-1612. Stepp v. Medina City School Dist. Bd.
of Edn.
Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Motion to consolidate denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1616. State v. Tannert.
Cuyahoga App. No. 103550, 2016-Ohio-7046.
2016-1626. State v. Elifritz.
Preble App. No. CA2016-02-002, 2016-Ohio-
7193.
2016-1627. Flynn v. State Med. Bd. of Ohio.
Franklin App. No. 16AP-29, 2016-Ohio-5903.
O’Donnell, J., dissents.
French, J., not participating.
2016-1637. State v. Weimer.
Lake App. No. 2013-L-005, 2016-Ohio-3116.
2016-1645. State v. Geary.
Hamilton App. No. 160195, 2016-Ohio-7001.
Fischer, J., not participating.
2016-1650. State v. Sands.
Lake App. No. 2015-L-134, 2016-Ohio-7150.
2016-1655. State v. Gaver.
Stark App. No. 2015CA00204, 2016-Ohio-7055.
French, J., not participating.
2016-1663. Rownd v. Marcelli.
Stark App. No. 2015 CA 00154, 2016-Ohio-7142.
Kennedy and O’Neill, JJ., dissent.
2016-1673. US Bank, Natl. Assn. v. Parker.
Knox App. No. 15-CA-16.
Kennedy, J., dissents.
2016-1676. State v. Barker.
Hamilton App. No. C-130214, 2016-Ohio-7059.
O’Connor, C.J., and O’Neill, J., dissent.
DeWine, J., not participating.
2016-1681. State v. Johnson.
Scioto App. No. 16CA3733, 2016-Ohio-7036.
French, O’Neill, and Fischer, JJ., dissent.
2016-1703. State v. Angel.
Hamilton App. No. C-150533.
Fischer, J., not participating.
2016-1706. State v. Dominguez.
Hamilton App. No. C-150710.
O’Neill, J., dissents.
Fischer and DeWine, JJ., not participating.
2016-1715. In re L.S.
Hamilton App. No. C-150526, 2016-Ohio-5582.
French, J., dissents.
Fischer, J., not participating.
2016-1721. State v. Shalash.
Hamilton App. No. C-150614.
Fischer and DeWine, JJ., not participating.
2016-1735. State v. Simes.
Cuyahoga App. No. 103672, 2016-Ohio-7300.
French, J., dissents.
2016-1746. State v. Sferro.
Medina App. No. 15CA0035-M, 2016-Ohio-7257.
2016-1806. Stepp v. Medina City School Dist. Bd.
of Edn.
Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Motion to consolidate denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2017-0013. State v. Shaw.
Clermont App. No. CA2016-09-064.
2017-0018. Evans v. Quest Diagnostics, Inc.
Hamilton App. No. C-160370.
Fischer and DeWine, JJ., not participating.
2017-0019. State v. Profanchik.
Mahoning App. No. 16 MA 0175.
2017-0023. State v. Shank.
Medina App. No. 14CA0090-M, 2016-Ohio-7819.
DeWine, J., dissents and would accept the cause
on proposition of law No. IV.
2017-0031. State v. Mann.
Sandusky App. No. S-16-039.
2017-0036. State v. Cowan.
Cuyahoga App. No. 103855, 2016-Ohio-8045.
2017-0069. State v. King.
Muskingum App. No. CT2015-0058, 2016-Ohio-
2788.
2017-0083. State v. Norfleet.
Coshocton App. No. 2016CA0009, 2016-Ohio-
8236.
2017-0095. State v. Underwood.
Hamilton App. No. C-150380.
Fischer and DeWine, JJ., not participating.
2017-0097. Deutsche Bank Natl. Trust Co. v.
Taylor.
Summit App. No. 28069, 2016-Ohio-7090.
2017-0111. State v. Walker.
Richland App. No. 09CA88, 2016-Ohio-8615.
2017-0113. State v. Conley.
Marion App. No. 9-16-10, 2016-Ohio-8408.
2017-0116. State v. Hopkins.
Butler App. No. CA2016-09-178.
2017-0117. State v. Wade.
Jefferson App. No. 14 JE 0036, 2016-Ohio-8546.
2017-0123. Abrams v. Grenny Properties, L.L.C.
Cuyahoga App. No. 104452, 2016-Ohio-8303.
2017-0126. State v. Barnes.
Muskingum App. No. CT2016-0024, 2016-Ohio-
8247.
2017-0127. State v. Chapman.
Cuyahoga App. No. 104379, 2016-Ohio-8151.
2017-0128. State v. Moody.
Montgomery App. No. 26926, 2016-Ohio-8366.
2017-0130. State v. Dodson.
Franklin App. No. 16AP-160, 2016-Ohio-5953.
2017-0134. State v. Carter.
Cuyahoga App. No. 104351, 2016-Ohio-8150.
O’Donnell, Fischer, and DeWine, JJ., dissent.
2017-0136. State v. Poulton.
Muskingum App. No. CT2016-0023, 2017-Ohio-
60.
2017-0144. State v. Freeman.
Cuyahoga App. No. 103660, 2016-Ohio-8143.
2017-0151. State v. Green.
Trumbull App. No. 2016-T-0101, 2017-Ohio-160.
2017-0158. State v. Kelly.
Athens App. No. 15CA11, 2016-Ohio-8582.
O’Donnell, J., dissents.
2017-0170. Krohn v. Krohn.
Wood App. No. WD-16-010, 2016-Ohio-8379.
2017-0172. State v. Dennison.
Franklin App. No. 15AP-592, 2016-Ohio-8361.
2017-0189. State v. Degenero.
Trumbull App. No. 2015-T-0104, 2016-Ohio-8514.
2017-0242. State ex rel. Curtis v. Vital Statistics
Registrar Brown Cty. Health Dept.
Brown App. No. CA2017-01-001.
French, J., dissents.
2017-0262. State v. Warman.
Butler App. No. CA2016-02-029, 2017-Ohio-244.
2017-0329. State v. Finnell.
Hamilton App. Nos. C-140547 and C-140548.
2017-0335. State v. Connally.
Franklin App. No. 16AP-53.
2017-0340. State v. Jackson.
Lorain App. No. 14CA010555.
2017-0349. State v. Milner.
Erie App. No. E-14-113.
2017-0394. State v. Fishel.
Stark App. No. 2016 CA 00037.
2017-0407. State v. Nitsche.
Cuyahoga App. No. 103174, 2017-Ohio-529.
2017-0441. State v. Black.
Cuyahoga App. No. 102586, 2017-Ohio-953.
2017-0444. State v. Worley.
Cuyahoga App. No. 103105, 2017-Ohio-649.
OHIO CASE ANNOUNCEMENTS
May 30, 2017
[Cite as 05/30/2017 Case Announcements, 2017-
Ohio-4024.]
MERIT DECISIONS WITH OPINIONS
2014-0989. State v. Roberts, Slip Opinion No.
2017-Ohio-2998.
Trumbull C.P. No. 2001 CR 793. Judgment
affirmed.
O’Donnell, Kennedy, French, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only.
O’Neill, J., concurs in part and dissents in part, for
the reasons set forth in his dissenting opinion in
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900.
2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of
Revision, Slip Opinion No. 2017-Ohio-4002.
Board of Tax Appeals, No. 2014-1160. Decision
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2015-1697. State ex rel. Bonnlander v. Hamon,
Slip Opinion No. 2017-Ohio-4003.
Franklin App. No. 14AP-855, 2015-Ohio-4038.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1490. Disciplinary Counsel v. Peck, Slip
Opinion No. 2017-Ohio-2961.
On Certified Report by the Board of Professional
Conduct, No. 2015-067. Gregory Lawrence Peck,
Attorney Registration No. 0040211, suspended
from the practice of law for six months, with the
entire suspension stayed on conditions.
Kennedy, J., not participating.
MOTION AND PROCEDURAL RULINGS
2017-0169. Brinker v. Frontier N., Inc.
Summit App. No. 27962, 2016-Ohio-8279. On
appellee’s motion to strike notice of appeal and
memorandum in support of jurisdiction. Motion
denied. Appellee may file a memorandum in
response within 30 days.
MISCELLANEOUS DISMISSALS
2017-0559. State ex rel. Cobb v. Adult Parole
Auth.
Franklin App. No. 16AP-199, 2017-Ohio-1170. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
May 26, 2017
[Cite as 05/26/2017 Case Announcements, 2017-
Ohio-3002.]
MOTION AND PROCEDURAL RULINGS
2017-0428. MNH Truck Leasing Co., L.L.C. v.
Director, Ohio Dept. of Job & Family Servs.
Franklin App. Nos. 16AP-301, 16AP-302, and
16AP-303, 2017-Ohio-442. On appellant’s motion
to consolidate cases and motion for mediation.
Motions denied.
2017-0436. In re Complaint of Harris Design
Servs. v. Columbia Gas of Ohio, Inc.
Public Utilities Commission, No. 15-405-GA-CSS.
On motion of Columbia Gas of Ohio, Inc., for
leave to intervene as appellee. Motion granted.
OHIO CASE ANNOUNCEMENTS
May 25, 2017
[Cite as 05/25/2017 Case Announcements, 2017-
Ohio-2977.]
MERIT DECISIONS WITH OPINIONS
2015-0677. State v. Aalim, Slip Opinion No. 2017-
Ohio-2956.
Montgomery App. No. 26249, 2015-Ohio-892. On
motion for reconsideration. Motion for
reconsideration granted and judgment affirmed.
O’Donnell, Kennedy, French, and DeWine, JJ.,
concur.
DeWine, J., concurs, with an opinion joined by
O’Donnell, J.
Fischer, J., concurs in part and dissents in part,
with an opinion.
O’Connor, C.J., dissents, with an opinion joined
by O’Neill, J.
O’Neill, J., dissents, with an opinion.
MOTION AND PROCEDURAL RULINGS
2017-0173. In re Adoption of P.L.H.
Butler App. No. CA2016-09-185, 2016-Ohio-8453.
On motion of amicus curiae birth mother to
participate in oral argument scheduled for
Wednesday, June 21, 2017. Motion granted.
Amicus curiae shall share the time allotted to
appellees.
DISCIPLINARY CASES
2004-2112 and 2008-0772. Cuyahoga Cty. Bar
Assn. v. Freedman.
On respondent’s amended application for
reinstatement. Steven Alan Freedman, Attorney
Registration No. 0025528, last known address in
Mayfield Heights, Ohio, reinstated to the practice
of law.
2016-1333. Disciplinary Counsel v. Brumbaugh.
On certification of default. Jeffrey Shane
Brumbaugh, Attorney Registration No. 0074102,
last known business address in Troy, Ohio,
indefinitely suspended from the practice of law.
2017-0460. Lake Cty. Bar Assn. Unauthorized
Practice of Law Commt. v. Pavlish.
On relator’s motion to show cause. Motion
granted. Respondent found in contempt.
Supreme Court Case Announcement for May 24,
2017
CASE ANNOUNCEMENTS
[Cite as 05/24/2017 Case Announcements, 2017-
Ohio-2951.]
MERIT DECISIONS WITH OPINIONS
2016-0215. State v. Grimes, Slip Opinion No.
2017-Ohio-2927.
Muskingum App. No. CT2015-0026, 2015-Ohio-
3497. Judgment reversed, trial court’s judgment
reinstated, and cause remanded.
O’Connor, C.J., and O’Donnell, O’Neill, and
Fischer, JJ., concur.
Kennedy, J., concurs in judgment only, with an
opinion.
French, J., concurs in judgment only, with an
opinion.
DeWine, J., concurs in judgment only, with an
opinion.
2016-0440 and 2016-0441. State v. Mutter, Slip
Opinion No. 2017-Ohio-2928.
Scioto App. Nos. 15CA3690 and 15CA3691,
2016-Ohio-512. Judgment reversed.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., concurs in judgment only.
MOTION AND PROCEDURAL RULINGS
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. On
appellant’s motion to strike the court’s January 6,
2017 notice of filing of record, motion to complete
the record with omitted transcripts at state
expense, and motion to order Cuyahoga County
clerk to complete the record. Motions granted.
The Clerk of the Cuyahoga County Court of
Common Pleas shall supplement the record in
this appeal with the record from Cuyahoga County
Court of Common Pleas case No. CR-13-576472
within 45 days.
The briefing schedule in this case is stayed, and
upon the filing of the supplemental record, the
parties shall restart the briefing in this case in
accordance with the deadlines set forth in
S.Ct.Prac.R. 11.05.
2016-1116. Lightning Rod Mut. Ins. Co. v.
Southworth.
Scioto App. No. 15CA3704, 2016-Ohio-3473. On
appellee’s motion to strike late reply brief of
appellant. Motion denied.
2016-1307. LGR Realty, Inc. v. Frank & London
Ins. Agency.
Franklin App. No. 15AP-1072. On motion for
admission pro hac vice of Syed S. Ahmad. Motion
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission to appear pro hac
vice with the Supreme Court’s Office of Attorney
Services within 30 days.
2016-1668. State ex rel. Hunley v. Dept. of
Rehab. & Corr.
Franklin App. No. 15AP-593. On appellant’s
memorandum in support of jurisdiction. This
cause originated in the court of appeals and
therefore should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
The clerk shall issue an order for the transmission
of the record from the Court of Appeals for
Franklin County, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07.
2017-0173. In re Adoption of P.L.H.
Butler App. No. CA2016-09-185, 2016-Ohio-8453.
On motion for admission pro hac vice of Mary M.
Beck. Motion granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice of permission to
appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days.
MISCELLANEOUS DISMISSALS
2017-0109. State ex rel. Cook v. Indus. Comm.
Franklin App. No. 15AP-1025, 2016-Ohio-8497.
On appellant’s application for dismissal.
Application granted. Cause dismissed.
2017-0356. State ex rel. Franklin v. Stark Cty.
Dept. of Job & Family Servs.
Stark App. No. 2016CA00109. Appellant has not
filed a merit brief, due May 15, 2017, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Cause dismissed.
2017-0367. State ex rel. Matthews v. Haviland.
Allen App. No. 1-16-54. Appellant has not filed a
merit brief, due May 16, 2017, in compliance with
the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence. Cause
dismissed.
OHIO CASE ANNOUNCEMENTS
May 23, 2017
[Cite as 05/23/2017 Case Announcements, 2017-
Ohio-2936.]
MERIT DECISIONS WITH OPINIONS
2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc., Slip Opinion No. 2017-Ohio-2923.
Franklin App. No. 14AP-717, 2015-Ohio-3593.
Judgment affirmed.
O’Connor, C.J., and French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Donnell and Kennedy, JJ., dissent and would
schedule oral argument and issue a ruling on the
merits following oral argument.
2016-1496. Disciplinary Counsel v. Hoskins, Slip
Opinion No. 2017-Ohio-2924.
On Certified Report by the Board of Professional
Conduct, No. 2015-077. Robert Hansford
Hoskins, Attorney Registration No. 0068550,
permanently disbarred from the practice of law.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
DISCIPLINARY CASES
2016-0845. Cleveland Metro. Bar Assn. v. King.
On order to show cause. Matthew Joseph King,
Attorney Registration No. 0067189, found in
contempt for failure to comply with this court’s
December 21, 2016 suspension order. Previously
imposed stay of suspension revoked. Respondent
suspended from the practice of law.
Rule Changes Allow Supreme Court Direct
Appeal for Capital Offender Denied DNA Testing
By Bret Crow | May 22, 2017
A person sentenced to death will be able to
appeal the rejection of an application for DNA
testing directly to the Ohio Supreme Court under
new rules adopted today by the Supreme Court.
The rule changes are the result of a 2016 case
(State v. Noling) in which the Court found that part
of the state law that limits the appeals of capital
offenders seeking DNA testing after a conviction is
unconstitutional.
The amendments to the Rules of Practice of the
Supreme Court of Ohio, which take effect June 1,
allow for filing an appeal of right from a common
pleas court decision that rejects an application for
DNA testing for an offender sentenced to death.
The amendments, which take effect June 1,
define a new case type in Rule 5.01, specify how
to file the appeal in Rule 6.01, and indicate that
there are no page limits for the briefs in Rules
16.02-16.05.
OHIO CASE ANNOUNCEMENTS
May 22, 2017
[Cite as 05/22/2017 Case Announcements, 2017-
Ohio-2910.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MAY 22, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the May 22, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2012-1644. State v. Jackson, 149 Ohio St.3d 55,
2016-Ohio-5488.
2014-1389. Cleveland Metro. Bar Assn. v. Zoller
and Mamone, 149 Ohio St.3d 125, 2016-Ohio-
7639.
2014-1560. State v. Barker, 149 Ohio St.3d 1,
2016-Ohio-2708.
2014-1669. Lunn v. Lorain Cty. Bd. of Revision,
149 Ohio St.3d 137, 2016-Ohio-8075.
2014-1794. Emerson v. Erie Cty. Bd. of Revision,
149 Ohio St.3d 148, 2017-Ohio-865.
2014-1814. State v. Hand, 149 Ohio St.3d 94,
2016-Ohio-5504.
2014-1820. Johnston Coca-Cola Bottling Co., Inc.
v. Hamilton Cty. Bd. of Revision, 149 Ohio St.3d
155, 2017-Ohio-870.
2014-1836. Corrigan v. Testa, 149 Ohio St.3d 18,
2016-Ohio-2805.
2015-1470. State ex rel. Ford v. Ruehlman, 149
Ohio St.3d 34, 2016-Ohio-3529.
2016-0074. Curtis v. Bunting, 149 Ohio St.3d 123,
2016-Ohio-7431.
2016-0304. State ex rel. Rohrer v. Holzapfel, 149
Ohio St.3d 132, 2016-Ohio-7827.
2016-0853. Columbiana Cty. Bar Assn. v.
Barborak, 149 Ohio St.3d 143, 2016-Ohio-8167.
2016-1235. State ex rel. Jones v. Husted, 149
Ohio St.3d 110, 2016-Ohio-5752.
MERIT DECISIONS WITH OPINIONS
2016-0623. Schultheiss v. Heinrich Ents., Inc.,
Slip Opinion No. 2017-Ohio-2895.
Washington App. No. 15CA20, 2016-Ohio-121.
Cause dismissed as having been improvidently
accepted.
O’Donnell, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Connor, C.J., and Kennedy, J., dissent.
2016-0636. Rush v. Univ. of Cincinnati Physicians,
Inc., Slip Opinion No. 2017-Ohio-2896.
Hamilton App. No. C-150309, 2016-Ohio-947.
Cause dismissed as having been improvidently
accepted.
O’Connor, C.J., and Kennedy, O’Neill, Fischer,
and Singer, JJ., concur.
O’Donnell and French, JJ., dissent and would
affirm the judgment of the court of appeals.
Arlene Singer, J., of the Sixth District Court of
Appeals, sitting for DeWine, J.
MOTION AND PROCEDURAL RULINGS
2015-1715. In re Application of Buckeye Wind,
L.L.C.
Power Siting Board, Nos. 08-666-EL-BGN and
13-360-EL-BGA. On the joint motion of appellants
and intervening appellee, Buckeye Wind, L.L.C.,
to stay cause. Motion granted in part. Cause
stayed for 30 days.
OHIO CASE ANNOUNCEMENTS
May 19, 2017
[Cite as 05/19/2017 Case Announcements, 2017-
Ohio-2876.]
MOTION AND PROCEDURAL RULINGS
2017-0173. In re Adoption of P.L.H.
Butler App. No. CA2016-09-185. On motion for
admission pro hac vice of Mary M. Beck. Motion
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission to appear pro hac
vice with the Supreme Court’s Office of Attorney
Services within 30 days.
2017-0412. In re Application of Black Fork Wind
Energy, L.L.C.
Power Siting Board, No. 10-8265-EL-BGN. On
appellee’s motion to suspend briefing schedule.
Motion granted.
DISCIPLINARY CASES
2016-0259. Disciplinary Counsel v. Simmonds.
Sua sponte, Rasheed Asani Simmonds, Attorney
Registration No. 0067797, last known business
address in Cincinnati, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before April 10, 2017.
2017-0193. Cincinnati Bar Assn. v. May.
Sua sponte, Neal Allen May, Attorney Registration
No. 0062317, last known business address in
Cincinnati, Ohio, found in contempt for failure to
file an affidavit of compliance on or before April
12, 2017.
2017-0210. Disciplinary Counsel v. Edmondson.
Sua sponte, Christina Rose Edmondson, Attorney
Registration No. 0080214, last known business
address in Hebron, Kentucky, found in contempt
for failure to file an affidavit of compliance on or
before April 12, 2017.
MISCELLANEOUS DISMISSALS
2016-1497. Lakewood City Schools Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-177. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
May 18, 2017
[Cite as 05/18/2017 Case
Announcements, 2017-Ohio-2846.]
MERIT DECISIONS WITH OPINIONS
2015-1993. Clendenin v. Girl Scouts
of W. Ohio, Slip Opinion No. 2017-
Ohio-2830.
Hamilton App. No. C-140658, 2015-
Ohio-4506. Judgment reversed and
cause dismissed.
O’Connor, C.J., and Kennedy,
French, O’Neill, Gallagher, and
Delaney, JJ., concur.
O’Donnell, J., concurs in judgment
only.
Sean C. Gallagher, Eighth District
Court of Appeals, sitting for
Fischer, J.
Patricia A. Delaney, Fifth District
Court of Appeals, sitting for
DeWine, J.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the
following judicial-disqualification
opinions, which were previously
issued as entries in response to
affidavits of disqualification
filed pursuant to R.C. 2701.03.
17-AP-008. In re Disqualification
of Patton, Slip Opinion No. 2017-
Ohio-2839 (decided Feb. 16, 2017).
17-AP-014. In re Disqualification
of Eighth Dist. Court of Appeals,
Slip Opinion No. 2017-Ohio-2840
(decided Mar. 27, 2017).
MEDIATION MATTERS
The following cases have been
referred to mediation pursuant to
S.Ct.Prac.R. 19.01(A).
2017-0563. State ex rel. St. Clair
Twp. Bd. of Trustees v. Barnes.
In Mandamus.
2017-0589. State ex rel. Klein v.
Precision Excavating & Grading Co.
Franklin App. No. 15AP-908, 2017-
Ohio-1020.
The following cases have been
returned to the regular docket
under S.Ct.Prac.R. 19.01. The
appellants in each case shall file
a brief within 40 days, and the
parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02
through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other
action if the parties fail to
timely file merit briefs.
2016-1712. HCP EMOH, L.L.C. v.
Washington Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-700.
2017-0043. Northland-4, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-136.
2017-0049. State ex rel. Young v.
Butler Cty. Personnel Office.
Franklin App. No. 15AP-1035, 2016-
Ohio-8341.
Supreme Court Case Announcement for
May 17, 2017
[Cite as 05/17/2017 Case
Announcements, 2017-Ohio-2822.]
MERIT DECISIONS WITH OPINIONS
2015-1581. Ohio Patrolmen’s
Benevolent Assn. v. Findlay, Slip
Opinion No. 2017-Ohio-2804.
Cuyahoga App. No. 102282, 2015-
Ohio-3234. Judgment reversed and
cause remanded.
O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur.
O’Connor, C.J., dissents, with an
opinion.
2016-1187. Johnson v. Madison Cty.
Court of Common Pleas, Slip Opinion
No. 2017-Ohio-2805.
Madison App. No. CA2016-03-013.
Judgment affirmed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2016-1829. Disciplinary Counsel v.
Miller, Slip Opinion No. 2017-Ohio-
2821.
On Certified Report by the Board of
Professional Conduct, No. 2016-023.
J. Greg Miller, Attorney
Registration No. 0446855, is hereby
suspended from the practice of law
for 12 months, with the entire
suspension stayed.
O’Connor, C.J., and Kennedy,
French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Donnell, J., dissents and would
remand the cause to the Board of
Professional Conduct to reconsider
the sanction to be imposed on
respondent.
MERIT DECISIONS WITHOUT OPINIONS
2016-1857. State ex rel. Taylor v.
Nobles. In Habeas Corpus. Sua
sponte, cause dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2016-1899. Thomas v. Jenkins. In
Habeas Corpus. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2016-1908. Johnson v. Sloan. In
Habeas Corpus. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0163. State ex rel. Blair v.
Ohio Adult Parole Bd. In Mandamus.
On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0177. Lucas v. Marshall. In
Habeas Corpus. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0187. State ex rel. Stinson v.
Cass. In Mandamus. On S.Ct.Pract.R.
12.04 determination. Cause
dismissed. On motion for order of
allowance. Motion denied.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0224. Cook v. Clerk of Appeals
Court Summit Cty. Ninth Judicial
Dist.
In Mandamus. On motion to dismiss.
Motion granted. Cause dismissed.
O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ.,
concur. O’Connor, C.J., not
participating.
2017-0239. Sudberry v. Schweitzer.
In Habeas Corpus. On petitioner’s
supplemental add/joinder motion.
Motion denied. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0240. State ex rel. Darrington
v. Franklin Cty. Common Pleas
Court.
In Mandamus and Procedendo. On
motion to dismiss. Motion granted.
Cause dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0252. State ex rel. McDuffie
v. Strickland Saffold.
In Mandamus. On motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0312. Quinnie v. Keough.
In Mandamus. On motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
2017-0333. Rasheed v. Rothgery.
In Mandamus. On S.Ct.Pract.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and Kennedy,
French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Donnell, J., dissents.
2017-0377. Page v. Franklin Cty.
Probate Court.
In Prohibition. On motion to
expedite. Motion denied. On motion
to dismiss. Motion granted. Cause
dismissed.
O’Connor, C.J., and O’Donnell,
Kennedy, French, O’Neill, Fischer,
and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1987-1674. State v. Broom.
Cuyahoga App. No. 51237. On motion
to set execution date. Motion
granted.
O’Neill, J., dissents for the
reasons set forth in his dissenting
opinion in State v. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981
N.E.2d 900.
2011-2005. State v. Dean.
Clark App. No. 05-CR-348. On
application for reopening under
S.Ct. Prac. R. 11.06. Application
denied. On motion to strike
opposition to application for
reopening. Motion denied.
2017-0305. State v. Steed.
Wood App. No. WD-15-069, 2016-Ohio-
8088. On motion for leave to file
delayed appeal. Motion granted.
Appellant shall file a memorandum
in support of jurisdiction within
30 days of the date of this entry.
O’Donnell and French, JJ., dissent.
2017-0307. State v. Rock.
Lake App. No. 2016-L-088, 2016-
Ohio-7445. On motion for leave to
file delayed appeal. Motion denied.
O’Neill, J., dissents.
2017-0358. State v. Hunter.
Erie App. No. E-16-058. On motion
for leave to file delayed appeal.
Motion denied.
2017-0362. State v. Rock.
Lake App. No. 2016-L-011, 2016-
Ohio-8516. On motion for leave to
file delayed appeal. Motion denied.
Kennedy and Fischer, JJ., dissent.
2017-0366. State v. Toyer.
Lucas App. No. L-12-1299, 2014-
Ohio-4338. On motion for leave to
file delayed appeal. Motion denied.
2017-0382. State v. Durham.
Cuyahoga App. Nos. 103352 and
103382, 2016-Ohio-7394. On motion
for leave to file delayed appeal.
Motion denied.
2017-0393. State v. Ashley.
Cuyahoga App. No. 104305, 2017-
Ohio-188. On motion for leave to
file delayed appeal. Motion denied.
2017-0401. State v. Goss.
Ashland App. Nos. 16 COA 023 and 16
COA 024, 2017-Ohio-161. On review
of order certifying a conflict. It
is determined that no conflict
exists within the meaning of
S.Ct.Prac.R. 8.02. Cause dismissed.
O’Donnell, O’Neill, and Fischer,
JJ., dissent.
2017-0406. State v. Ronny.
Cuyahoga App. No. 102968, 2016-
Ohio-3448. On motion for leave to
file delayed appeal. Motion denied.
O’Neill, J., dissents.
2017-0408. State v. Smith.
Ashtabula App. No. 2015-A-0027,
2016-Ohio-8420. On motion for leave
to file delayed appeal. Motion
granted. Appellant shall file a
memorandum in support of
jurisdiction within 30 days of the
date of this entry.
O’Donnell, French, and Fischer,
JJ., dissent.
2017-0420. State v. Medina.
Cuyahoga App. No. 104826. On motion
for leave to file delayed appeal.
Motion denied.
2017-0423. In re R.H.
Cuyahoga App. No. 104455, 2017-
Ohio-467. On motion for stay and
limited remand to the Eighth
District Court of Appeals. Motion
denied.
O’Donnell and Fischer, JJ.,
dissent.
2017-0472. Kettering Health Network
v. CareSource.
Montgomery App. No. 27233, 2017-
Ohio-1193. On motion to stay
execution of court of appeals’
judgment. Motion granted and bond
posted with trial court continued.
APPEALS ACCEPTED FOR REVIEW
2016-1442. In re LMD Integrated
Logistical Servs., Inc.
Franklin App. No. 15AP-545, 2016-
Ohio-5385.
2016-1513. In re Hamilton v.
Internatl. Union of Operating
Engineers, Local 20.
Butler App. No. CA2016-03-054,
2016-Ohio-5565.
O’Connor, C.J., and Fischer, J.,
dissent.
2016-1646. State v. Blair.
Hamilton App. No. 160333, 2016-
Ohio-5714.
O’Neill and DeWine, JJ., dissent.
Fischer, J., not participating.
2016-1742. State v. Upkins.
Shelby App. No. 17-16-04.
Discretionary appeal accepted on
proposition of law No. IV. The
parties are ordered to brief the
issue stated as follows:
“When appellate counsel also served
as trial counsel and moves to
withdraw pursuant to Anders v.
California, the court shall permit
counsel to withdraw and must then
appoint new appellate counsel to
review the record and raise any
nonfrivolous appealable issue.”
O’Neill, J., would accept the cause
on all Propositions of Law.
O’Donnell, Kennedy, and DeWine, J.,
dissent.
2017-0433. In re R.K.
Franklin App. No. 16AP-575.
O’Connor, C.J., and O’Donnell, J.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0113. State v. Jalowiec.
Lorain App. No. 14CA010548, 2015-
Ohio-5042.
2016-1165. State v. Sampson.
Cuyahoga App. No. 103311, 2016-
Ohio-4560.
O’Connor, C.J., dissents and would
accept the appeal and hold the
cause for decision in 2015-0677,
State v. Aalim.
2016-1317. Fifth Third Bank v.
Unknown Spouse of Lockwood.
Lucas App. No. L-16-1159.
2016-1428. Hicks v. Cadle Co.
Trumbull App. No. 2014-T-0103,
2016-Ohio-4728.
Fischer, J., dissents.
2016-1435. State v. Hawkey.
Defiance App. No. 4-14-03, 2016-
Ohio-5369.
2016-1441. In re M.D.
Summit App. No. 28087, 2016-Ohio-
5393.
Fischer, J., dissents and would
accept the appeal on proposition of
law No. II
2016-1447. State v. Holder.
Hamilton App. Nos. C-150670 and C-
150673.
Fischer, J., not participating.
2016-1450. State v. Emmons.
Hamilton App. No. C-150636, 2016-
Ohio-5384.
Fischer and DeWine, JJ., not
participating.
2016-1464. Keller & Kehoe, L.L.P.
v. Smart Media of Delaware, Inc.
Cuyahoga App. No. 103607, 2016-
Ohio-5409.
2016-1474. State v. McNeill.
Lorain App. No. 15CA010774, 2016-
Ohio-5463.
2016-1478. Haskins v. 7112
Columbia, Inc.
Mahoning App. No. 15 MA 0192, 2016-
Ohio-5575.
2016-1479. Norton Outdoor
Advertising, Inc. v. RGT Foods,
Inc.
Hamilton App. No. C-160243.
Fischer, J., not participating.
2016-1481. State v. Eason.
Cuyahoga App. No. 103575, 2016-
Ohio-5516.
2016-1484. St. Clairsville v.
Jeffers.
Belmont App. No. 15 BE 0017, 2016-
Ohio-5574.
2016-1491. State v. Meyer.
Franklin App. No. 15AP-589, 2016-
Ohio-5638.
2016-1498. Young v. UC Health, W.
Chester Hosp., L.L.C.
Hamilton App. Nos. C-150562 and C-
150566, 2016-Ohio-5526.
O’Neill, J., dissents and would
accept the appeal and the cross
appeal.
Fischer and DeWine, JJ., not
participating.
2016-1499. Young v. UC Health, W.
Chester Hosp., L.L.C.
Hamilton App. No. C-150566, 2016-
Ohio-5526.
O’Neill, J., dissents.
Fischer and DeWine, JJ., not
participating.
2016-1501. State v. Cardenas.
Darke App. No. 2015-CA-16, 2016-
Ohio-5537.
O’Neill, J., dissents.
2016-1511. State v. Potts.
Hancock App. No. 5-16-03, 2016-
Ohio-5555.
2016-1515. Engelhart v. Hamilton
Cty. Bd. of Commrs.
Hamilton App. No. C-150639, 2016-
Ohio-4935.
French, J., dissents.
Fischer and DeWine, JJ., not
participating.
2016-1520. CitiMortgage, Inc. v.
Nyamusevya.
Franklin App. No. 14AP-464, 2016-
Ohio-5588.
2016-1527. Raze Internatl., Inc. v.
Southeastern Equip. Co., Inc.
Jefferson App. No. 14 JE 0015,
2016-Ohio-5700.
2016-1532. Ball v. MPW Indus.
Servs., Inc.
Licking App. No. 15-CA-89, 2016-
Ohio-5744.
2016-1536. Kravitz, Brown & Dortch,
L.L.C. v. Klein.
Franklin App. No. 16AP-200, 2016-
Ohio-5594.
2016-1545. State v. Cardwell.
Franklin App. No. 15AP-1076, 2016-
Ohio-5591.
2016-1546. Cleveland v. Lowery.
Cuyahoga App. No. 103722, 2016-
Ohio-5626.
2016-1548. State v. Speelman.
Ashland App. No. 15-COA-045, 2016-
Ohio-3409.
2016-1550. State v. Williams.
Hamilton App. No. C-150249, 2016-
Ohio-5827.
O’Neill, J., dissents.
Fischer, J., not participating.
2016-1555. State v. Machuca.
Cuyahoga App. No. 103397, 2016-
Ohio-5833.
2016-1610. State v. Phillips.
Franklin App. No. 15AP-1038, 2016-
Ohio-5944.
2016-1617. State v. Anderson.
Franklin App. No. 15AP-1082, 2016-
Ohio-5946.
2016-1638. State v. Cummings.
Cuyahoga App. No. 103892, 2016-
Ohio-5931.
2016-1732. State v. Roberts.
Clark App. No. 2015-CA-104, 2016-
Ohio-7327.
2016-1769. State v. Brown.
Richland App. No. 16CA15, 2016-
Ohio-5893.
2016-1773. Martin v. Martin.
Trumbull App. No. 2015-T-0025,
2016-Ohio-7551.
O’Donnell and Kennedy, JJ.,
dissent.
Fischer, J., dissents and would
accept the appeal on proposition of
law No. II.
2016-1784. State v. Garner.
Lake App. No. 2016-L-041, 2016-
Ohio-5785.
2016-1800. State v. Williams.
Auglaize App. No. 2-16-08.
2016-1801. State v. Handcock.
Clark App. No. 2016-CA-3, 2016-
Ohio-7096.
2016-1816. State v. Cantrell.
Montgomery App. No. 26975, 2016-
Ohio-7623.
2016-1819. State ex rel. Thomas v.
Sheldon.
Allen App. No. 1-16-26, 2016-Ohio-
7642.
Fischer, J., not participating.
2016-1827. State v. Wang.
Hamilton App. No. C-150487, 2016-
Ohio-7578.
Fischer and DeWine, JJ., not
participating.
2016-1832. State v. Soto.
Cuyahoga App. No. 103321, 2016-
Ohio-7476.
2016-1833. State v. Wright.
Cuyahoga App. No. 104134, 2016-
Ohio-7493.
2016-1854. State v. Price.
Lucas App. No. L-16-1031, 2016-
Ohio-7633.
2016-1858. State v. Fishel.
Stark App. No. 2016 CA 00037, 2016-
Ohio-7656.
2016-1869. State v. Herald.
Defiance App. No. 4-16-09, 2016-
Ohio-7733.
2016-1892. Davie v. First Baptist
Church.
Cuyahoga App. No. 104004, 2016-
Ohio-7713.
2016-1897. Burress-El v.
Cincinnati.
Hamilton App. No. C-160452.
Fischer, J., not participating.
2016-1898. State v. Mitchell.
Montgomery App. No. 26887, 2016-
Ohio-7691.
2016-1903. Donlon v. Lineback.
Warren App. Nos. CA2016-03-015 and
CA2016-03-016, 2016-Ohio-7739.
Fischer, J., not participating.
2016-1914. State v. Jackson.
Cuyahoga App. Nos. 104068 and
104450, 2016-Ohio-7308.
2017-0005. Angus v. Angus.
Franklin App. Nos. 15AP-655 and
15AP-693, 2016-Ohio-7789.
2017-0006. State v. Copeland.
Montgomery App. No. 26842, 2016-
Ohio-7797.
DeWine, J., dissents.
2017-0025. State v. Thompson.
Montgomery App. No. 26954, 2016-
Ohio-7521.
2017-0050. State v. Clyde.
Erie App. No. E-14-006.
2017-0051. State v. Bluford.
Cuyahoga App. No. 103783.
2017-0059. State v. Barnes.
Muskingum App. No. CT2005-0013.
2017-0068. State v. Barnett.
Muskingum App. No. CT2016-0028,
2016-Ohio-8070.
2017-0071. State v. Ward.
Montgomery App. No. 26773, 2016-
Ohio-5354.
2017-0076. State v. Byrd.
Summit App. No. 27868, 2016-Ohio-
8135.
2017-0084. State v. Weaver.
Montgomery App. No. 26591, 2016-
Ohio-7984.
2017-0108. State v. Guyton.
Ashtabula App. No. 2016-A-0023,
2016-Ohio-8110.
2017-0133. State v. Hill.
Lucas App. No. L-16-1086, 2016-
Ohio-8529.
2017-0143. State v. Hart.
Lucas App. No. L-15-1067, 2016-
Ohio-8169.
2017-0146. State v. Runyon.
Butler App. No. CA2016-06-120,
2016-Ohio-8230.
2017-0238. State v. Cobb.
Stark App. No. 2014 CA 00218.
2017-0250. State v. Clark.
Cuyahoga App. No. 103324, 2017-
Ohio-178.
2017-0284. State v. Shelby.
Lawrence App. No. 15CA20.
2017-0298. State v. Waver.
Butler App. No. CA2015-08-155.
2017-0317. State v. Taylor.
Summit App. No. 27273.
2017-0326. State v. Carlton.
Hamilton App. No. C-150390.
Fischer and DeWine, JJ., not
participating.
2017-0386. In re B.W.
Tuscarawas App. Nos. 2016 AP 09
0045 and 2016 AP 09 0046, 2017-
Ohio-605. Appeal not accepted.
Motion for stay denied as moot.
O’Neill, J., dissents and would
accept the appeal and grant the
motion for stay.
2017-0439. Nationstar Mtge., L.L.C.
v. Payne.
Franklin App. No. 16AP-185, 2017-
Ohio-513. Appeal not accepted.
Motion for stay denied as moot.
2017-0446. In re B.F.
Lucas App. No. L-16-1094, 2017-
Ohio-609.
RECONSIDERATION OF PRIOR DECISIONS
2015-0384. State v. Gonzales.
Wood App. No. WD-13-086, 2015-Ohio-
461. Reported at __ Ohio St.3d __,
2017-Ohio-777, __ N.E.3d __. On
motion for reconsideration. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2015-0385. State v. Gonzales.
Wood App. No. WD-13-086, 2015-Ohio-
461. Reported at __ Ohio St.3d __,
2017-Ohio-777, __ N.E.3d __. On
motion for reconsideration. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-1225. State v. Victor.
Geauga App. Nos. 2014-G-3220, 2014-
G-3241, and 2015-G-0010, 2015-Ohio-
5520. Reported at 148 Ohio St.3d
1410, 2017-Ohio-573, 69 N.E.3d 750.
On motion for reconsideration.
Motion denied.
2016-1267. Whitmer v. Zochowski.
Franklin App. Nos. 15AP-52, 15AP-
60, and 15-AP-65, 2016-Ohio-4764.
Reported at 148 Ohio St.3d 1411,
2017-Ohio-573, 69 N.E.3d 751. On
motion for reconsideration. Motion
denied.
2016-1306. State v. Taulbee.
Fairfield App. No. 16-CA-10, 2016-
Ohio-5445. Reported at 148 Ohio
St.3d 1426, 2017-Ohio-905, 71
N.E.3d 298. On motion for
reconsideration. Motion denied.
2016-1365. Barton v. Barton.
Greene App. No. 2015-CA-53, 2016-
Ohio-5264. Reported at 148 Ohio
St.3d 1411, 2017-Ohio-573, 69
N.E.3d 751. On motion for
reconsideration. Motion denied.
2016-1388. Cunningham v. Protect
Autoworks.
Portage App. No. 2015-P-0066, 2016-
Ohio-4745. Reported at 148 Ohio
St.3d 1411, 2017-Ohio-573, 69
N.E.3d 751. On motion for
reconsideration. Motion denied.
O’Donnell, J., dissents.
2016-1437. State v. Armstrong.
Cuyahoga App. No. 103088, 2016-
Ohio-2627. Reported at 148 Ohio
St.3d 1427, 2017-Ohio-905, 71
N.E.3d 298. On motion for
reconsideration. Motion denied.
2016-1529. Masten v. Masten.
Fairfield App. No. 16-CA-4, 2016-
Ohio-5738. Reported at 148 Ohio
St.3d 1427, 2017-Ohio-905, 71
N.E.3d 298. On motion for
reconsideration. Motion denied.
2016-1598. State v. Myers.
Wood App. No. WD-16-007, 2016-Ohio-
7112. Reported at 148 Ohio St.3d
1428, 2017-Ohio-905, 71 N.E.3d 299.
On motion for reconsideration
and/or en banc consideration.
Motion denied. On motion to correct
clerical error. Motion denied.
2016-1679. Farmer v. E. Knox Bd. of
Edn.
Knox App. No. 2016CA00014. Reported
at 148 Ohio St.3d 1428, 2017-Ohio-
905, 71 N.E.3d 299. On motion for
reconsideration. Motion denied.
2016-1717. State ex rel. Griffin v.
Myers.
In Mandamus. Reported at 148 Ohio
St.3d 1406, 2017-Ohio-573, 69
N.E.3d 748. On motion for
reconsideration. Motion denied.
2016-1745. State ex rel. Haddix v.
Forchione.
In Mandamus and Procedendo.
Reported at 148 Ohio St.3d 1406,
2017-Ohio-573, 69 N.E.3d 748. On
motion for reconsideration. Motion
denied.
2017-0041. State v. Jabbaar.
Cuyahoga App. No. 104922. Reported
at 148 Ohio St.3d 1424, 2017-Ohio-
905, 71 N.E.3d 296. On motion for
reconsideration. Motion denied.
OHIO CASE ANNOUNCEMENTS
May 16, 2017
[Cite as 05/16/2017 Case Announcements, 2017-
Ohio-2806.]
MERIT DECISIONS WITH OPINIONS
2016-0646. Johnson v. Moore, Slip Opinion No.
2017-Ohio-2792.
Warren App. No. CA2016-02-011. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, and DeWine, JJ., concur.
Fischer, J., not participating.
2016-0656. State v. Reese, Slip Opinion No.
2017-Ohio-2789.
Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Motion for reconsideration granted and
judgment affirmed.
O’Connor, C.J., and O’Donnell, French, and
DeWine, JJ., concur.
Fischer, J., concurs in part and dissents in part,
with an opinion.
Kennedy, J., dissents, with an opinion.
O’Neill, J., dissents for the reasons stated in his
dissenting opinion in State v. Gonzales, __ Ohio
St.3d __, 2017-Ohio-777, __ N.E.3d __, ¶ 73-78.
2016-0859. Cleveland Metro. Bar Assn. v.
Donchatz, Slip Opinion No. 2017-Ohio-2793.
On Certified Report by the Board of Professional
Conduct, No. 2014-085. Kenneth R. Donchatz,
Attorney Registration No. 0062221, indefinitely
suspended from the practice of law.
O’Connor, C.J., and O’Donnell, Fischer, and
DeWine, JJ., concur.
Kennedy, French, and O’Neill, JJ., dissent and
would suspend respondent for 24 months with six
months stayed.
MOTION AND PROCEDURAL RULINGS
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. On
appellant’s motion for stay of execution. Motion
granted. No execution date shall be set while this
appeal remains pending.
MISCELLANEOUS DISMISSALS
2017-0274. State ex rel. Skaggs v. Bunting.
Marion App. No. 9-16-53. Appellant has failed to
file a merit brief and therefore has failed to
prosecute this cause with the requisite diligence.
Cause dismissed.
Supreme Court Case Announcement for May 12,
2017
CASE ANNOUNCEMENTS
[Cite as 05/12/2017 Case Announcements, 2017-
Ohio-2777.]
MOTION AND PROCEDURAL RULINGS
2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2046. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2016-1752. ARCP LS Lakewood, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1853. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2016-1753. ARCP LS S. Euclid, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1852. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2016-1754. ARCP LS S. Euclid, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1854. On joint
motion to remand the appeal to the Board of Tax
Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
OHIO CASE ANNOUNCEMENTS
May 11, 2017
[Cite as 05/11/2017 Case Announcements, 2017-
Ohio-2748.]
MERIT DECISIONS WITH OPINIONS
2014-0807. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2017-Ohio-2734.
Board of Tax Appeals, No. 2011-714. Decision
reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-0271. State v. Polk, Slip Opinion No. 2017-
Ohio-2735.
Franklin App. No. 14AP-787, 2016-Ohio-28.
Judgment reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MISCELLANEOUS DISMISSALS
2017-0254. Ohio Performance Academy, Inc. v.
Testa.
Board of Tax Appeals, Nos. 2015-1752 and 2015-
1753. Appellants have failed to file a merit brief
and therefore have failed to prosecute this cause
with the requisite diligence. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
May 10, 2017
[Cite as 05/10/2017 Case Announcements, 2017-
Ohio-2745.]
MERIT DECISIONS WITH OPINIONS
2016-1488. Ohio State Bar Assn. v. Jacob, Slip
Opinion No. 2017-Ohio-2733.
On Certified Report by the Board of Professional
Conduct, No. 2015-019. Harry Joseph Jacob III,
Attorney Registration No. 0008620, suspended
from the practice of law for two years, with the
second year stayed on condition.
O’Donnell, Kennedy, O’Neill, and DeWine, JJ.,
concur.
O’Connor, C.J., and French, J., dissent and would
not stay any portion of the suspension.
Fischer, J., not participating.
MOTION AND PROCEDURAL RULINGS
2016-0903. State v. Batista.
Hamilton App. No. C-150341, 2016-Ohio-2848.
On the joint motion of appellant and amici curiae
Center for HIV Law and Policy et al. for divided
oral-argument time scheduled for Wednesday,
May 17, 2017. Motion granted. Amici curiae
Center for HIV Law and Policy et al. shall share
the time allotted to appellant.
On the joint motion of appellee and amicus curiae
Ohio Attorney General Michael DeWine for
divided oral-argument time scheduled for
Wednesday, May 17, 2017. Motion granted.
Amicus curiae Ohio Attorney General Michael
DeWine shall share the time allotted to appellee.
2017-0285. Hertz Ctr. at 600 Vine, L.L.C. v.
Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-2427. On the
joint motion to remand the appeal to the Board of
Tax Appeals in order to implement a settlement.
Cause remanded to the Board of Tax Appeals to
take further action as appropriate.
2017-0442. State ex rel. Mars Urban Solutions,
L.L.C. v. Cuyahoga Cty. Fiscal Officer.
In Mandamus. On relators’ notice of partial
dismissal of claims. Claims for relief III and V
dismissed. This cause remains pending on all
other claims.
DISCIPLINARY CASES
2017-0359. Disciplinary Counsel v. Lech.
On Certified Order of the United States Patent
and Trademark Office, No. D2016-34. Robert
Raymond Lech, Attorney Registration No.
0073078, suspended from the practice of law for
90 days.
2017-0425. In re Resignation of Eynon.
On application for resignation of Ernest Alfred
Eynon II, Attorney Registration No. 0022392, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
OHIO CASE ANNOUNCEMENTS
May 8, 2017
[Cite as 05/08/2017 Case Announcements, 2017-
Ohio-2688.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MAY 8, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the May 8, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0118. Taylor v. First Resolution Invest. Corp.
, 148 Ohio St.3d 627, 2016-Ohio-3444.
2013-0449. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision , 148 Ohio St.3d 700,
2016-Ohio-8375.
2014-0552. Olentangy Local Schools Bd. of Edn.
v. Delaware Cty. Bd. of Revision , 148 Ohio St.3d
695, 2016-Ohio-8332.
2014-2012. Giddens v. Testa , 148 Ohio St.3d
705, 2016-Ohio-8412.
2015-0542. In re Application of Greenberg , 148
Ohio St.3d 625, 2016-Ohio-613.
2015-2007. Cleveland Metro. Bar Assn. v. Azman
, 148 Ohio St.3d 1215, 2017-Ohio-506.
2016-0263. Cincinnati Bar Assn. v. Wiest , 148
Ohio St.3d 683, 2016-Ohio-8166.
2017-0037. In re Resignation of Mackin , 148
Ohio St.3d 1215, 2017-Ohio-524.
High School Students ‘Appeal’ to Judges in State
Moot Court Competition
Staff Report | May 5, 2017
The Ohio Center for Law-Related Education
(OCLRE) will host its fourth annual high school
Moot Court Competition today at the Thomas J.
Moyer Ohio Judicial Center. Students will take on
the role of appellate attorneys and argue both
sides of an original case.
More than 100 students representing the following
schools from across the state will participate:
Danville High School (Knox County);
Gilmour Academy (Lake County);
Indian Hill High School (Hamilton County);
Kenton High School (Hardin County);
Marysville High School (Union County);
Springfield High School (Clark County);
Sycamore High School (Hamilton County);
Upper Arlington High School (Franklin County);
Village Academy (Delaware County);
William Mason High School (Warren County).
The 2017 Moot Court case follows the aftermath
of a school prank gone wrong. When beloved
mascot Harry the honey badger disappeared from
Harrison High School, a series of mysterious
social media posts indicated that Harry had been
to many of Ohio’s tourist destinations. Desperate
to bring Harry home, the school principal used cell
phone data to find geotagged photos. The
convicted student, Tracy Matthews, claims that
the school violated her Fourth Amendment rights
by searching her photos, and the school believes
it followed school policies.
Teams will compete in a legal brief-writing phase
and an oral argument phase to test their skills as
appellate advocates. The championship round of
oral arguments will be streamed live on the Ohio
Channel website beginning at 4:15 p.m. today.
Kenton is competing for the first time. “Our
students decided to compete in OCLRE’s moot
court competition after their overwhelmingly
positive experience in OCLRE’s mock trial
competition,” said advisor and attorney Christina
Q. Cross. “[They] are extremely excited to argue
their appellate brief at the Ohio Supreme Court –
to be able to participate in legal arguments in our
state’s highest court is truly an honor and
opportunity of a lifetime."
Supreme Court Justice Patrick F. Fischer will
preside over the final round of competition. Fellow
panelists will include Michael J. Hendershot, chief
deputy solicitor; Samuel Peterson, deputy
solicitor; and Tiffany Carwile, assistant attorney
general in the Constitutional Offices Section, at
the Ohio Attorney General’s Office; Nikki
Baszynski, assistant state public defender for the
Ohio Public Defender; Christopher Walker,
associate professor of law for the Moritz College
of Law at Ohio State University, and Benjamin
Tracy, staff attorney for the Tenth District Court of
Appeals.
OHIO CASE ANNOUNCEMENTS
May 3, 2017
[Cite as 05/03/2017 Case Announcements #2,
2017-Ohio-2632.]
MOTION AND PROCEDURAL RULINGS
2017-0205. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On joint motion to
consolidate 2017-0205 and 2017-0241 for
purposes of briefing and oral argument and
request for expedited treatment. Motion denied.
Sua sponte, cause dismissed.
2017-0241. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-EL-AAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On joint motion to
consolidate 2017-0205 and 2017-0241 for
purposes of briefing and oral argument and
request for expedited treatment. Motion denied.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1904. U.S. Bank Natl. Assn. v. Lavelle.
Cuyahoga App. No. 104234, 2016-Ohio-7783. On
motion for stay “to grant 26784 Fairfax Lane
remain unsold.” Motion denied as moot.
OHIO CASE ANNOUNCEMENTS
May 3, 2017
[Cite as 05/03/2017 Case Announcements, 2017-
Ohio-2631.]
MOTION AND PROCEDURAL RULINGS
2013-0536. State v. Spaulding.
Summit C.P. No. CR 12 05 1508. On appellant’s
motion to exceed page limitation on application for
reopening under S.Ct.Prac.R. 11.06. Motion
granted. Appellant’s application for reopening
shall not exceed 25 pages, exclusive of affidavits
and parts of the record. Any response to the
application for reopening shall also not exceed 25
pages, exclusive of affidavits and parts of the
record.
MISCELLANEOUS ORDERS
CLE-2005-68789. In re Continuing Legal Edn.
Suspension of Squires.
On report by the Commission on Continuing Legal
Education pursuant to former Gov.Bar. R. X(6)(A)
(1)(b) and (A)(2)(d). Recommendation of the
commission adopted. Respondent, Thomas Clark
Squires, reinstated to the practice of law.
OHIO CASE ANNOUNCEMENTS
May 2, 2017
[Cite as 05/02/2017 Case Announcements, 2017-
Ohio-2615.]
MISCELLANEOUS DISMISSALS
2017-0045. State ex rel. Adena Med. Ctr. v. Indus.
Comm.
Franklin App. No. 15AP-1167, 2016-Ohio-8277.
On appellant’s application for dismissal.
Application granted. Cause dismissed.
2017-0160. State ex rel. Miller v. Kidron Volunteer
Fire Dept., Inc.
In Mandamus. On relators’ application for
dismissal. Application granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
May 1, 2017
[Cite as 05/01/2017 Case Announcements, 2017-
Ohio-2583.]
MOTION AND PROCEDURAL RULINGS
2017-0236. Pi in the Sky, L.L.C. v. Testa.
Board of Tax Appeals, No. 2015-2005. On motion
to refer case to mediation. Motion granted.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0522. State ex rel. Shelter v. Indus. Comm.
Franklin App. No. 16AP-119, 2017-Ohio-1063.
2017-0529. State ex rel. Meilstrup v. Indus.
Comm.
Franklin App. No. 16AP-250, 2017-Ohio-811.
2017-0544. Daher v. DeWine.
In Mandamus and Prohibition.
The following cases have been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellants in each case shall file a brief within 40
days, and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07. As provided in S.Ct.Prac.R. 16.07, the
court may dismiss these cases or take other
action if the parties fail to timely file merit briefs.
2016-1497. Lakewood City Schools Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-177.
2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2046.
2016-1752. ARCP LS Lakewood, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1853.
2016-1753. ARCP LS S. Euclid, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1852.
2016-1754. ARCP LS S. Euclid, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1854.
2017-0064. MK Menlo Property Owner, L.L.C. v.
Summit Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1845, 2015-
1869, and 2015-1870.
2017-0109. State ex rel. Cook v. Indus. Comm.
Franklin App. No. 15AP-1025, 2016-Ohio-8497.
2017-0141. State ex rel. Wegman v. Ohio Police &
Fire Pension Fund.
Franklin App. No. 16AP-112, 2016-Ohio-8270.
The following case is returned to the regular
docket under S.Ct.Prac.R. 19.01. Respondent
shall file a response to the complaint within 21
days.
2017-0331. State ex rel. Rogers v. Dept. of
Rehab. & Corr.
In Mandamus.
Local Bar Associations Recognize Law Day with
Help from Supreme Court Justices
By Bret Crow | April 28, 2017
Ohio Supreme Court Justices will help draw
attention to the day set aside each year to
celebrate the U.S. legal system.
President Eisenhower established Law Day in
1958 as a day of national dedication to the
principles of government under law. In 1968,
Congress designated May 1 as the official date for
celebrating Law Day.
This year’s theme, “The 14th Amendment:
Transforming American Democracy,” explores
how the amendment has reshaped American law
and society, according to the American Bar
Association.
The ABA further notes in its Law Day 2017
resources: “Through its Citizenship, Due Process,
and Equal Protection clauses, this transformative
amendment advanced the rights of all Americans.
It also played a pivotal role in extending the reach
of the Bill of Rights to the states.”
Law Day activities involving Supreme Court
justices include:
The Lake County Bar Association 41st Annual
Law Day Breakfast May 1 in Mentor, which will
feature Justice William M. O’Neill as the keynote
speaker.
The Miami County Bar Association Law Day
Celebration May 5 in Troy, which will feature
Justice R. Patrick DeWine as the keynote
speaker.
The Toledo Bar Association Law Day Luncheon
on May 5, which will honor recently retired Justice
Judith Ann Lanzinger.
More than 200 Applicants Pass February 2017
Bar Exam
Staff Report | April 28, 2017
The Ohio Supreme Court today released the
results of the February 2017 Ohio Bar
Examination, which was administered in
Columbus on Feb. 21-23.
Out of 436 applicants who sat for the exam, 224
(51.4 percent) received passing scores; of 173
first-time applicants, 66 percent received passing
scores. View a complete list of names of the
successful applicants. Of the two annual bar
exams, fewer attorney hopefuls take the February
exam than the exam in July.
The oath of office will be administered to
applicants who were successful on the exam and
who have satisfied all of the Supreme Court’s
other requirements for admission. The oath will be
administered during a special public session of
the Supreme Court at 2 p.m. May 15 at The
Palace Theatre, 34 W. Broad St., Columbus.
Article IV, Section 2(B)(1)(g) of the Ohio
Constitution grants the Supreme Court exclusive
jurisdiction to regulate admission to the practice of
law in Ohio. Among other duties, the Office of Bar
Admissions oversees the admissions process for
the Supreme Court.
The second bar exam of 2017 will be July 25-27
in Columbus. Learn more about the bar exam.
OHIO CASE ANNOUNCEMENTS
April 27, 2017
[Cite as 04/27/2017 Case Announcements, 2017-
Ohio-1542.]
MOTION AND PROCEDURAL RULINGS
2016-1195. In re D.H.
Montgomery App. No. 27074, 2016-Ohio-5265.
On appellant’s motion for appointment of the
Office of the Ohio Public Defender as counsel.
Motion granted.
2016-1197. In re D.H.
Montgomery App. No. 27075. On appellant’s
motion for appointment of the Office of the Ohio
Public Defender as counsel. Motion granted.
2017-0204. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428ELAAM, 12-429-EL-
WVR, and 12-672-EL-RDR. On motion of the
Dayton Power and Light Company for leave to
intervene as appellee. Motion granted.
2017-0205. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the
Dayton Power and Light Company for leave to
intervene as appellee. Motion granted.
2017-0241. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the
Dayton Power and Light Company for leave to
intervene as appellee. Motion granted.
2017-0412. In re Application of Black Fork Wind
Energy, L.L.C.
Power Siting Board, No. 10-8265-EL-BGN. On
motion of Black Fork Wind Energy, L.L.C., for
leave to intervene as appellee. Motion granted.
2 04-27-17
Supreme Court Issues $2.8 Million in Technology
Grant Funding to 70 Local Court Projects
By Bret Crow | April 26, 2017
Infographic detailing the total amount of grant
money awarded, the total number of projects
funded, the number and location of Ohio counties
receiving grants, the total number of Ohio courts
receiving grants, and the average award amount
The Ohio Supreme Court announced today that
70 local court projects received more than $2.8
million in technology grant funding.
Ohio courts were encouraged to submit one
funding request for up to two separate projects in
the competitive program. Courts located within an
entity deemed to be in Fiscal Emergency or Fiscal
Watch by the Ohio Auditor and those that had not
received a technology grant previously were given
priority.
“Technology grants increase access to justice to
more Ohioans and remove barriers to the efficient
and effective administration of justice for local
courts,” Chief Justice Maureen O’Connor said.
“Without this initiative, many much-needed
technology improvements in courts around Ohio
would not occur.”
For this third annual round of funding, preference
was given to projects in the following order:
Upgrade to the court’s existing case
management system that affects caseflow;
Upgrade, replacement, or purchase of other
technology systems that affect caseflow or the
fundamental duties of the court;
Upgrade, replacement, or improvement to
computer hardware or equipment that supports
the case management system or other systems
that affect caseflow or the fundamental duties of
the court;
All other computer hardware and software or
equipment, including physical security equipment
related projects.
View the complete list of recipients.
OHIO CASE ANNOUNCEMENTS
April 26, 2017
[Cite as 04/26/2017 Case Announcements, 2017-
Ohio-1536.]
MOTION AND PROCEDURAL RULINGS
2016-1319. State v. Garcia.
Summit App. Nos. 27810 and 17811, 2016-Ohio-
4667. On appellant’s motion to expedite decision
to accept or deny jurisdiction. Motion denied as
moot.
2017-0204. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428ELAAM, 12-429-EL-
WVR, and 12-672-EL-RDR. On application for
dismissal filed by appellant Ohio Energy Group.
Application granted. The other appeals in this
cause remain pending.
2017-0205. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On application for
dismissal filed by appellant Ohio Energy Group.
Application granted. The other appeals in this
cause remain pending.
2017-0241. In re Application of Dayton Power &
Light Co.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On application for
dismissal filed by appellant Ohio Energy Group.
Application granted. The other appeals in this
cause remain pending.
DISCIPLINARY CASES
2016-1149. Disciplinary Counsel v. Doumbas.
Sua sponte, Marc George Doumbas, Attorney
Registration No. 0074028, last known business
address in Strongsville, Ohio, found in contempt
for failure to file an affidavit of compliance on or
before March 23, 2017.
2 04-26-17
The Ohio Board of Professional Conduct
Schedule Released for May Disciplinary Hearings
Staff Report | April 25, 2017
The Ohio Board of Professional Conduct today
announced May disciplinary hearings involving
attorneys and judges charged with professional
misconduct. All hearings take place before a
three-member panel of the board and are open to
the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
May 1
Disciplinary Counsel v. Magistrate Cynthia Ann
Williams
Case No. 2016-070
Respondent’s counsel: Jonathan E. Coughlan,
Columbus
Hearing Time/Location: 9:30 a.m.; Thomas J.
Moyer Ohio Judicial Center, 65 S. Front St., South
Hearing Room 106, Columbus
Disciplinary Counsel v. Steven Powell Schnittke
Case No. 2015-075
Respondent’s counsel: Christopher J. Weber and
Jason H. Beehler, Columbus
Hearing Time/Location: 11 a.m.; Moyer Judicial
Center, South Hearing Room 106
May 2
Mahoning County Bar Association v. Neal Ghaleb
Atway
Case No. 2016-064
Respondent’s counsel: John B. Juhasz Jr. and
Lynn A. Maro, Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, South Hearing Room 106
May 5
Disciplinary Counsel v. Quentin Martin Derryberry
II
Case No. 2015-033
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Tenth District
Court of Appeals, 373 S. High St., Courtroom
23A, Columbus
May 12
Cincinnati Bar Association v. William Douglass
Bell
Case No. 2016-056
Respondent’s counsel: Alvertis W. Bishop Jr.
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, South Hearing Room 106
Disciplinary Counsel v. John Edward Patterson
Case No. 2016-073
Respondent’s counsel: Alvin E. Mathews Jr.,
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
May 18
Disciplinary Counsel v. Paul Anthony Mancino Jr.
Case No. 2016-074
Respondent’s counsel: Brett M. Mancino,
Cleveland
Hearing Time/Location: 10 a.m.; Cleveland
Metropolitan Bar Association, 1375 E. 9th St., 2nd
Floor, Cleveland
May 25
Disciplinary Counsel v. Andrew Mahlon Engel
Case No. 2016-030
Respondent’s counsel: William C. Mann and
William H. Dulaney III
Hearing Time/Location: 9 a.m.; Moyer Judicial
Center, South Hearing Room 106
May 26
Cincinnati Bar Association v. John Patrick Weber
Case No. 2016-057
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, South Hearing Room 106
May 31
Columbus Bar Association v. Bradley Dennis
Keating
Case No. 2016-071
Respondent’s counsel: Alvin E. Mathews Jr.,
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
OHIO CASE ANNOUNCEMENTS
April 25, 2017
[Cite as 04/25/2017 Case Announcements, 2017-
Ohio-1518.]
MISCELLANEOUS DISMISSALS
2015-0327. Mace v. Washington Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-1952. On
appellants’ application for dismissal. Application
granted. Cause dismissed.
2015-0328. Mace v. Washington Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-1951. On
appellants’ application for dismissal. Application
granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
April 24, 2017
[Cite as 04/24/2017 Case Announcements, 2017-
Ohio-1475.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF APRIL 24, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the April 24, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2011-1921. State v. Sowell, 148 Ohio St.3d 554,
2016-Ohio-8025.
2014-0733. State v. Kona, 148 Ohio St.3d 539,
2016-Ohio-7796.
2014-0885. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, 148 Ohio St.3d 499,
2016-Ohio-7466.
2014-1651. In re Application of Duke Energy
Ohio, Inc., for Approval of its Fourth Amended
Corporate Separation Plan, 148 Ohio St.3d 510,
2016-Ohio7535.
2014-1893. Renacci v. Testa, 148 Ohio St.3d 470,
2016-Ohio-3394.
2015-0243. Akron Bar Assn. v. Bednarski, 148
Ohio St.3d 615, 2017-Ohio
522.
2015-0467. Antoon v. Cleveland Clinic Found.,
148 Ohio St.3d 483, 2016Ohio-7432.
2015-0545. Lutz v. Chesapeake Appalachia,
L.L.C., 148 Ohio St.3d 524, 2016Ohio-7549.
2015-0652. State v. Hand, 148 Ohio St.3d 610,
2016-Ohio-8355.
2015-0839. State ex rel. Cuyahoga Lakefront,
L.L.C. v. Cleveland, 148 Ohio
St.3d 531, 2016-Ohio-7640.
2015-1204. State ex rel. Cleveland v. Indus.
Comm., 148 Ohio St.3d 553, 2016
Ohio-8015.
2015-1222. State ex rel. Cincinnati Enquirer v.
Deters, 148 Ohio St.3d 595,
2016-Ohio-8195.
2015-1610. In re R.A.H., 148 Ohio St.3d 531,
2016-Ohio-7592.
2015-1685. Dunkle v. Dept. of Rehab. & Corr.,
148 Ohio St.3d 621, 2017Ohio-551.
2015-1782. State v. Shalash, 148 Ohio St.3d 611,
2016-Ohio-8358.
2015-1984. State ex rel. Cornwall v. Sutula, 148
Ohio St.3d 536, 2016-Ohio
7652.
2016-0199. Dayton Bar Assn. v. Hooks, 148 Ohio
St.3d 1209, 2016-Ohio-7557.
2016-0379. State ex rel. Littlepage v. Deters, 148
Ohio St.3d 507, 2016-Ohio
7467.
2016-0395. In re C.C.S., 148 Ohio St.3d 509,
2016-Ohio-7472.
2016-0845. Cleveland Metro. Bar Assn. v. King,
148 Ohio St.3d 602, 2016
Ohio-8255.
2016-0848. Disciplinary Counsel v. Elum, 148
Ohio St.3d 606, 2016-Ohio8256. 2016-1024.
State v. Jackson, 148 Ohio St.3d 615, 2016-Ohio-
8373.
2 04-24-17
2016-1506. Lorain Cty. Bar Assn. v. Mackin, 148
Ohio St.3d 1211, 2016-Ohio7556.
16-AP-018. In re Disqualification of O’Donnell,
148 Ohio St.3d 1204, 2016Ohio-8570.
16-AP-023. In re Disqualification of Brown and
McGrath, 148 Ohio St.3d 1205, 2016-Ohio-8571.
16-AP-026. In re Disqualification of Stevenson,
148 Ohio St.3d 1207, 2016Ohio-8572.
DISCIPLINARY CASES
2013-0924. Disciplinary Counsel v. Marshall.
On application for reinstatement by respondent,
Joy Lenore Marshall, Attorney Registration No.
0073585, last known business address in
Columbus, Ohio. Application denied.
MEDIATION MATTERS
The following case has been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellants shall file a brief within 40 days, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss this case or take other action if the parties
fail to timely file merit briefs.
2016-1713. Beavercreek Towne Station, L.L.C. v.
Greene Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.
3 04-24-17
OHIO CASE ANNOUNCEMENTS
April 20, 2017
[Cite as 04/20/2017 Case Announcements, 2017-
Ohio-1442.]
MERIT DECISIONS WITH OPINIONS
2014-1157. State ex rel. James v. Wal-Mart
Stores, Inc., Slip Opinion No. 2017-Ohio-1426.
Franklin App. No. 13AP-3, 2014-Ohio-2279.
Judgment affirmed in part and
reversed in part, and writ denied.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., not participating.
2015-0078. Groveport Madison Local Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision, Slip
Opinion No. 2017-Ohio-1428.
Board of Tax Appeals, No. 2011-K-3704. Decision
affirmed.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents and would reverse the
decision of the Board of Tax Appeals.
2016-0962. State ex rel. Thomas v. Richard, Slip
Opinion No. 2017-Ohio1343.
Madison App. No. CA2016-04-018. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., concurs in judgment only.
2016-1487. Disciplinary Counsel v. Denslow, Slip
Opinion No. 2017-Ohio1429.
On Certified Report by the Board of Professional
Conduct, No. 2016-014. Jeremiah Justin Denslow,
Attorney Registration No. 0074784, suspended
from the practice of law for six months, all stayed
on conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
17-AP-006. In re Disqualification of Tenth Dist.
Court of Appeals, Slip Opinion No. 2017-Ohio-
1434 (decided Mar. 10, 2017).
17-AP-019. In re Disqualification of Jamison, Slip
Opinion No. 2017-Ohio1436 (decided Mar. 13,
2017).
MOTION AND PROCEDURAL RULINGS
2016-1398. Troja v. Pleatman.
Hamilton App. No. C-150746, 2016-Ohio-5294.
On appellant’s motion to consolidate with 2017-
0319, 2017-0323, and 2016-1895. Motion denied
as moot.
2016-1847. May v. Delaware Cty. Court of
Common Pleas, Juvenile Div.
In Prohibition. On respondents’ motion to strike
relators’ newly discovered evidence. Motion
denied as moot.
2017-0070. State ex rel. Taylor v. Adult Parole
Auth.
In Mandamus. On relator’s motion to correct and
supplement the record. Motion denied as moot.
2 04-20-17
MISCELLANEOUS DISMISSALS
2016-0909. State ex rel. Bloodworth v. Crutchfield.
Warren App. No. CA2015-07-066. On appellant’s
application for dismissal. Application granted.
Cause dismissed.
2017-0026. State v. Vigil.
Cuyahoga App. No. 103940, 2016-Ohio-7485.
Appellant has failed to file a memorandum in
support of jurisdiction and therefore has failed to
prosecute this cause with the requisite diligence.
Cause dismissed.
2017-0067. State v. Suggs.
Summit App. Nos. 27812, 27865, and 27866.
Appellant has failed to file a memorandum in
support of jurisdiction and therefore has failed to
prosecute this cause with the requisite diligence.
Cause dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0389. State ex rel. Armatas v. Haas.
In Prohibition.
2017-0413. State ex rel. Silver v. Pub. Emps.
Retirement Sys.
Franklin App. No. 15AP-864, 2017-Ohio-445.
2017-0430. State ex rel. Witt v. Indus. Comm.
Franklin App. No. 15AP-804, 2017-Ohio-554.
2017-0458. State ex rel. Weide v. Ohio State Univ.
In Mandamus.
2017-0464. State ex rel. Cleveland Browns
Football Co., L.L.C. v. Indus. Comm.
Franklin App. No. 14AP-1031, 2017-Ohio-837.
The following cases have been returned to the
regular docket under S.Ct.Prac.R. 19.01. The
appellants in each case shall file a brief within 40
days,
3 04-20-17
and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07. As provided in S.Ct.Prac.R. 16.07, the
court may dismiss this case or take other action if
the parties fail to timely file merit briefs.
2016-1188. Seaton Corp. v. Testa.
Board of Tax Appeals, Nos. 2015-224 and 2015-
743.
2016-1553. NRG Power Midwest, L.P. v. Lorain
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-874 and 2015-
890.
2017-0345. State ex rel. Ohio Patrolmen’s
Benevolent Assn. v. Warren.
Trumbull App. No. 2015-T-0017.
4 04-20-17
Twenty Cases Certified to Disciplinary Board
Staff Report | April 19, 2017
The Ohio Board of Professional Conduct today
announced the certification of 20 cases from
February through April for formal disciplinary
proceedings.
In each case, a certified complaint has been sent
to the respondent, and the respondent has been
directed to file an answer to the allegations
contained in the complaint. Once an answer is
received, the case will be assigned to a three-
member hearing panel of the Board, and the
hearing panel will conduct further proceedings. If
the respondent does not answer the allegations,
the respondent’s failure to answer will be certified
to the Ohio Supreme Court, and the Supreme
Court may suspend the respondent’s license to
practice law.
Typically, a public hearing is scheduled within four
to six months after the case is assigned to a
hearing panel. Please consult the Upcoming
Hearings Schedule for a monthly list of Board
hearings.
If the Board finds that a lawyer or judge has
engaged in professional misconduct, the Board
will file a report with the Court that includes a
recommended sanction. The Court is responsible
for reviewing the Board report and case record
and imposing discipline.
To access the complaints in these cases, click on
the individual case numbers below.
Cleveland Metropolitan Bar Association v. James
Arthur Gay
Case No. 2017-003
Respondent’s counsel: Tyrone E. Reed
Akron Bar Association v. Jon David Tucker
Case No. 2017-004
Respondent’s counsel: None
Warren County Bar Association v. Jeffrey Charles
Meadows
Case No. 2017-005
Respondent’s counsel: George D. Jonson
Columbus Bar Association v. David Paul Rieser
Case No. 2017-006
Respondent’s counsel: Jonathan E. Coughlan
Disciplinary Counsel v. Christopher Thomas
Cicero
Case No. 2017-007
Respondent’s counsel: None
Cleveland Metropolitan Bar Association v. Steven
Jerome Moody
Case No. 2017-008
Respondent’s counsel: Richard C. Alkire and
Dean C. Nieding
Mahoning County Bar Association v. John
Aloysius McNally IV
Case No. 2017-009
Respondent’s counsel: Lynn A. Maro
Cleveland Metropolitan Bar Association v. Alisa
Carol Butscher
Case No. 2017-010
Respondent’s counsel: None
Cleveland Metropolitan Bar Association v. Debbie
Kay Horton
Case No. 2017-011
Respondent’s counsel: None
Wood County Bar Association v. Sarah Ann Miller
Driftmyer
Case No. 2017-012
Respondent’s counsel: None
Mahoning County Bar Association v. Michael
Vincent Sciortino
Case No. 2017-013
Respondent’s counsel: John B. Juhasz Jr.
Dayton Bar Association v. Clinton Ralph
Wilcoxson II
Case No. 2017-014
Respondent’s counsel: None
Disciplinary Counsel v. Jason Allan Sarver
Case No. 2017-015
Respondent’s counsel: None
Mahoning County Bar Association v. Martin
Edward Yavorcik
Case No. 2017-016
Respondent’s counsel: John B. Juhasz Jr.
Columbus Bar Association v. John Joseph Okuley
Case No. 2017-017
Respondent’s counsel: None
Mahoning County Bar Association v. Dennis
Armand DiMartino
Case No. 2017-018
Respondent’s counsel: John B. Juhasz Jr.
Columbus Bar Association v. Christopher William
Striff Jr.
Case No. 2017-019
Respondent’s counsel: None
Disciplinary Counsel v. Brian William Benbow
Case No. 2017-020
Respondent’s counsel: None
Disciplinary Counsel v. Brian Wade Harter
Case No. 2017-021
Respondent’s counsel: None
Akron Bar Association v. Jeffrey Van Hawkins
Case No. 2017-022
Respondent’s counsel: None
OHIO CASE ANNOUNCEMENTS
April 19, 2017
[Cite as 04/19/2017 Case Announcements, 2017-
Ohio-1427.]
MERIT DECISIONS WITH OPINIONS
2014-2008, 2014-2009, and 2014-2010. Dauch v.
Erie Cty. Bd. of Revision, Slip Opinion No. 2017-
Ohio-1412.
Board of Tax Appeals, Nos. 2014-1410, 2014-
1412, and 2014-1413. Decisions affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2015-2081 and 2016-0180. Wilson v. Lawrence,
Slip Opinion No. 2017-Ohio1410.
Cuyahoga App. No. 12585, 2015-Ohio-4677.
Certified conflict dismissed as improvidently
certified. Judgment reversed and cause
remanded.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents, with an opinion.
2016-0837. State ex rel. Samarghandi v. Ferenc,
Slip Opinion No. 2017-Ohio1413.
Clermont App. No. CA2016-02-101. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-1583. State ex rel. McCuller v. Eppinger.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1770. State ex rel. White v. Adult Parole Bd.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
Kennedy, French, O’Neill, Fischer, and DeWine,
JJ., concur.
O’Connor, C.J., and O’Donnell, J., dissent and
would grant an alternative writ.
2016-1847. May v. Delaware Cty. Court of
Common Pleas, Juvenile Div.
In Prohibition. On respondents’ motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1850. State ex rel. Smith v. Dept. of Rehab.
& Corr.
In Mandamus. On S.Ct.Prac.R. 12.04
determination. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1862. Bedell v. Portage Cty. Court of
Common Pleas.
In Mandamus. On respondent’s motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1907. In re Apparent Violation & Intent to
Assess Forfeiture of Wylie.
Public Utilities Commission, No. 15-2029-TR-CVF.
On appellant’s motion to transfer appeal. Motion
denied. On appellee’s motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0030. State ex rel. Alexander v. McGinty.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0046. State ex rel. Williams v. Smith.
In Procedendo and Prohibition. On respondent’s
motion to dismiss. Motion granted. Cause
dismissed. On relator’s amended verified motion
for stay. Motion denied. On respondent’s motion
to strike relator’s amended verified motion for
stay. Motion denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0048. Pryor v. Koukoutas.
In Habeas Corpus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed. On
petitioner’s motion to stay and motion to strike.
Motions denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0053. State ex rel. Jackson v. Ferguson.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0070. State ex rel. Taylor v. Adult Parole
Auth.
In Mandamus. On respondent Erie County
Common Pleas Court’s motion to dismiss and
respondent Adult Parole Authority’s amended
Civ.R. 12(B)(6) motion to dismiss. Motions
granted. Cause dismissed. On respondent Adult
Parole Authority’s motion to quash subpoena
duces tecum and motion to stay discovery.
Motions denied. On relator’s motions for default
judgment, motion for counsel re-request, and
motion to amend mandamus. Motions denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0075. Evans v. Stammitti.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0112. State v. Cooper.
In Habeas Corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0121. State ex rel. Hobbs v. Gilb.
In Mandamus and Prohibition. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0197. State ex rel. Hayes v. Jones.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., not participating.
MOTION AND PROCEDURAL RULINGS
2005-2284. State v. Bonnell.
Cuyahoga App. No. 223820. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2008-1974. State v. Stepp.
Butler App. No. CA200705117, 2008-Ohio-4305.
On motion for order or relief. Motion denied.
2015-0435. State v. Stepp.
Butler App. No. CA2013-12-226. On motion for
order or relief. Motion denied.
2015-1128. State v. Victor.
Geauga App. Nos. 2014-G-3220 and 2014-G-
3241, 2015-Ohio-5520. On petition to advise.
Petition denied.
2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc.
Franklin App. No. 14AP-717, 2015-Ohio-3593. On
request for oral argument. Request denied.
2016-1110. Goldshtein v. Mohr.
In Habeas Corpus. On motion to strike. Motion
denied.
2016-1115. State ex rel. Cincinnati Enquirer v.
Pike Cty. Coroner’s Office.
In Mandamus. On motion to submit documents for
in camera inspection. Motion granted in part and
denied in part. Respondent shall file the
unredacted autopsy reports under seal within 14
days of the date of this entry. No additional
materials shall be submitted.
O’Connor, C.J., and O’Donnell, J., would grant the
motion in full and permit the respondent to file
both the unredacted reports as well as additional
material explaining the reasons for the proposed
redaction.
French and DeWine, JJ., not participating.
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus. On motion to submit documents for
in camera inspection. Motion granted in part and
denied in part. Respondent shall file the
unredacted autopsy reports under seal within 14
days of the date of this entry. No additional
materials shall be submitted.
O’Connor, C.J., and O’Donnell, J., would grant the
motion in full and permit the respondent to file
both the unredacted reports as well as additional
material explaining the reasons for the proposed
redaction.
French and DeWine, JJ., not participating.
2016-1713. Beavercreek Towne Station, L.L.C. v.
Greene Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. On appellee’s motion to
dismiss and motion to strike portions of
memorandum in response to motion to dismiss.
Motions denied.
O’Donnell, J., dissents and would grant the
motion to dismiss and would dismiss the cause.
2017-0120. State v. James.
Seneca App. No. 13-16-17, 2016-Ohio-7825. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0131. State v. Pippen.
Scioto App. No. 16CA3727, 2016-Ohio-7105. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0132. State v. McGee.
Hamilton App. No. C-150496, 2016-Ohio-7510.
On motion for leave to file
delayed appeal. Motion fails for want of four
votes.
Kennedy and O’Neill, JJ., dissent.
Fischer and DeWine, JJ., not participating.
2017-0139. State v. Fant.
Mahoning App. No. 14 MA 0067, 2016-Ohio-7429.
On motion for leave to file delayed appeal. Motion
denied.
French, O’Neill, and Fischer, JJ., dissent.
2017-0152. State v. Mann.
Ottawa App. No. OT-16-027. On motion for leave
to file delayed appeal. Motion denied.
O’Neill, J., dissents.
2017-0157. State v. Newman.
Muskingum App. No. CT2016-0002, 2016-Ohio-
7498. On review of an order certifying a conflict. It
is determined that no conflict exists within the
meaning of S.Ct.Prac.R. 8.02. Cause dismissed.
O’Neill, J., dissents.
2017-0162. State v. Rusnak.
Jefferson App. No. 15 JE 0002, 2016-Ohio-7820.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0196. State v. Elam.
Cuyahoga App. No. 103122, 2016-Ohio-5619. On
motion for leave to file delayed appeal. Motion
denied.
2017-0198. State v. Murphy.
Cuyahoga App. No. 102284. On motion for leave
to file delayed appeal. Motion denied.
2017-0216. State v. Burnett.
Stark App. No. 2016CA00007, 2016-Ohio-7502.
On motion for leave to file delayed appeal. Motion
denied.
2017-0219. State v. Walker.
Stark App. No. 2016CA00076, 2016-Ohio-7314.
On motion for leave to file delayed appeal. Motion
denied.
Fischer, J., dissents.
2017-0230. State v. Fox.
Delaware App. No. 15 CAA 10 0082, 2016-Ohio-
3293. On motion for leave to file delayed appeal.
Motion denied.
DeWine, J., dissents.
2017-0233. State v. Staats.
Stark App. No. 2014 CA 00197, 2016-Ohio-4650.
On motion for leave to file delayed appeal. Motion
denied.
2017-0245. State v. Tooles.
Hamilton App. No. C-1503222. On motion for
leave to file delayed appeal. Motion denied.
Fischer, J., not participating.
2017-0258. State v. Taylor.
Cuyahoga App. No. 104284, 2016-Ohio-8311. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2017-0266. State v. Belton.
Mahoning App. No. 15 MA 0142, 2016-Ohio-8416.
On motion for leave to file delayed appeal. Motion
denied.
O’Connor, C.J., and O’Neill, J., dissent.
2017-0289. State v. Cremeans.
Muskingum App. No. CT2015-0062, 2016-Ohio-
7930. On motion for leave to file delayed appeal.
Motion denied.
APPEALS ACCEPTED FOR REVIEW
2016-1372. Schwartz v. Honeywell Internatl., Inc.
Cuyahoga App. No. 103377, 2016-Ohio-3175.
Discretionary appeal accepted on proposition of
law No. I.
Kennedy and French, JJ., would also accept the
cause on proposition of law No. II.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
dissent.
2016-1462. State v. Gordon.
Cuyahoga App. No. 103494, 2016-Ohio-5407.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2017-0244. State v. Johnson.
Muskingum App. No. CT2016-0035, 2016-Ohio-
7931. Cause accepted and held for decision in
2016-1652, State v. Brown, and briefing schedule
stayed. On motion to stay court of appeals’
decision. Motion granted.
French, O’Neill, and Fischer, JJ., dissent and
would not accept the cause and would deny the
motion to stay.
APPEALS NOT ACCEPTED FOR REVIEW
2015-2018. State v. Dunlap.
Hamilton App. No. C-140594, 2015-Ohio-4644.
DeWine, J., not participating.
2016-1266. State v. Neal.
Crawford App. No. 3-15-14, 2016-Ohio-3282.
2016-1293. State v. Turner.
Lake App. No. 2015-L-116, 2016-Ohio-4733.
2016-1305. Evans v. Avon.
Lorain App. No. 15CA010879, 2016-Ohio-5460.
Kennedy and French, JJ., dissent.
2016-1319. State v. Garcia.
Summit App. Nos. 27810 and 27811, 2016-Ohio-
4667.
2016-1357. Marks v. Aurora Bd. of Zoning
Appeals.
Portage App. No. 2015-P-0048, 2016-Ohio-5182.
Kennedy, J., dissents.
2016-1358. Marks v. Aurora Bd. of Zoning
Appeals.
Portage App. No. 2015-P-0049, 2016-Ohio-5183.
Kennedy, J., dissents.
2016-1363. State v. Velazquez.
Muskingum App. No. CT2015-0043, 2016-Ohio-
5203.
2016-1369. State v. Amegatcher.
Delaware App. No. 15 CAC 10 0081, 2016-Ohio-
5198.
2016-1374. State v. Holt.
Cuyahoga App. No. 103772, 2016-Ohio-5246.
2016-1377. State v. Daniel.
Cuyahoga App. No. 103258, 2016-Ohio-5231.
2016-1391. Gattozzi v. Sheehan.
Cuyahoga App. No. 103246, 2016-Ohio-5230.
Kennedy, J., dissents.
2016-1398. Troja v. Pleatman.
Hamilton App. No. C-150746, 2016-Ohio-5294.
Fischer and DeWine, JJ., not participating.
2016-1399. State v. Johnson.
Hamilton App. Nos. C-150595 and C-150596,
2016-Ohio-4934. Fischer and DeWine, JJ., not
participating.
2016-1401. Fulmer v. W. Licking Joint Fire Dist.
Licking App. No. 16-CA-8, 2016-Ohio-5301.
O’Connor, C.J., dissents and would accept the
cause on proposition of law No. I.
French, J., dissents.
Kennedy, J., not participating.
2016-1402. State v. Jones.
Cuyahoga App. No. 103495, 2016-Ohio-4565.
O’Neill and Fischer, JJ., dissent and would accept
the cause on proposition of law Nos. I and III.
2016-1405. Wetzel v. Auto Owners Ins. Co.
Darke App. No. 2015-CA-25, 2016-Ohio-5355.
2016-1406. State v. Rose.
Preble App. No. CA2015-08-016, 2016-Ohio-
5289.
2016-1408. Taft, Stettinius, & Hollister, L.L.P. v.
Calabrese.
Hamilton App. No. C-150097, 2016-Ohio-4713.
O’Donnell, J., dissents. Fischer, J., not
participating.
2016-1410. Willig v. Willig.
Hamilton App. No. C-150722. O’Donnell, J.,
dissents. Fischer, J., not participating.
2016-1415. State v. Silka.
Ashtabula App. No. 2015-A-0053, 2016-Ohio-
5784.
2016-1417. State v. Lein.
Cuyahoga App. No. 103954, 2016-Ohio-5330.
2016-1419. Resendez v. Allstate Ins. Co.
Ottawa App. No. OT-16-022.
2016-1420. State v. Tutt.
Cuyahoga App. No. 103181, 2016-Ohio-3259.
O’Donnell and French, JJ., dissent.
2016-1421. Partin v. C.S. White Industries, Inc.
Miami App. No. 2015-CA-23, 2016-Ohio-4894.
O’Donnell, J., dissents.
2016-1425. Kirila v. Kirila Contrs., Inc.
Trumbull App. No. 2015-T-0108, 2016-Ohio-5469.
2016-1430. Casares v. Mercy St. Vincent Med.
Ctr.
Lucas App. No. L-15-1313, 2016-Ohio-5542.
O’Donnell, Kennedy, and DeWine, JJ., dissent.
2016-1446. State v. Aquila.
Cuyahoga App. No. 103889, 2016-Ohio-5140.
2016-1454. Paulozzi v. Iannotti.
Cuyahoga App. No. 103381, 2016-Ohio-5511.
2016-1459. State v. Norman.
Mahoning App. No. 2016 MA 0110.
O’Donnell, J., dissents and would accept the
cause on proposition of law Nos. II and III.
2016-1471. Martin v. Durrani.
Butler App. No. CA20160022, 2016-Ohio-5472.
Fischer, J., not participating.
2016-1472. Martin v. Durrani.
Butler App. No. CA2016010023, 2016-Ohio-5472.
Fischer, J., not participating.
2016-1473. State v. Han.
Stark App. No. 2016CA00085, 2016-Ohio-5613.
2016-1480. State v. Thomas.
Summit App. No. 27698, 2016-Ohio-5507.
2016-1508. State v. Croom.
Mahoning App. No. 14 MA 0175, 2016-Ohio-5686.
2016-1516. State v. Brooks.
Mahoning App. No. 14 MA 0150, 2016-Ohio-5685.
French, J., dissents.
2016-1540. In re C.B.
Highland App. No. 16CA20, 2016-Ohio-7728.
2016-1597. State ex rel. Rarden v. Dept. of
Rehab. & Corr.
Franklin App. No. 16AP-149, 2016-Ohio-7137.
2016-1602. Mills v. Westlake.
Cuyahoga App. No. 103643, 2016-Ohio-5836.
2016-1614. State v. Lusane.
Portage App. No. 2016-P-0009, 2016-Ohio-5886.
2016-1619. State v. Lewis.
Richland App. No. 15 CA 106, 2016-Ohio-7002.
2016-1621. State v. Bridges.
Cuyahoga App. Nos. 103634 and 104506, 2016-
Ohio-7298.
2016-1630. State v. Croom.
Mahoning App. No. 15 MA 0110, 2016-Ohio-6997.
2016-1631. State v. Pawlak.
Cuyahoga App. No. 103444, 2016-Ohio-5926.
2016-1634. State v. Johnson.
Delaware App. No. 16CAA030011, 2016-Ohio-
4617.
2016-1635. In re Estate of Leichman.
Warren App. No. 15-07-060, 2016-Ohio-4592.
2016-1670. State v. Sanders.
Ashland App. No. 15-COA-33, 2016-Ohio-7204.
2016-1680. Farmer v. Kidwell.
Knox App. No. 16CA07.
2016-1689. Jones v. Dept. of Rehab. & Corr.
Franklin App. No. 16AP-138, 2016-Ohio-5425.
2016-1691. Armatas v. Aultman Health Found.
Stark App. No. 2016CA00130, 2016-Ohio-7316.
2016-1692. State v. Dixon.
Montgomery App. No. 26873, 2016-Ohio-5538.
2016-1695. State v. Wofford.
Butler App. No. CA2016-03-057, 2016-Ohio-7188.
2016-1698. State v. Ingels.
Hamilton App. Nos. C-160295, C-160303, and C-
160304. O’Neill, J., dissents.
Fischer and DeWine, JJ., not participating.
2016-1699. Alford v. Crutchfield.
Warren App. No. CA2016-03-021, 2016-Ohio-
7295.
2016-1716. State v. Davis.
Cuyahoga App. No. 103764, 2016-Ohio-7222.
2016-1718. State v. Young.
Erie App. No. E-16-044.
2016-1719. State v. Bubenchik.
Stark App. No. 2016 CA 00086, 2016-Ohio-7289.
2016-1724. State v. Daviduk.
Stark App. No. 2015CA00209, 2016-Ohio-7515.
2016-1725. Armatas v. Cleveland Clinic Found.
Stark App. No. 2016CA00123, 2016-Ohio-7315.
2016-1748. State v. Newman.
Muskingum App. No. CT2016-0002, 2016-Ohio-
7498.
2016-1751. State v. Evans.
Wayne App. No. 15AP0054, 2016-Ohio-7256.
2016-1763. State v. Diaz.
Lucas App. No. L-16-1104, 2016-Ohio-7526.
2016-1764. State v. Bronczyk.
Cuyahoga App. No. 104326, 2016-Ohio-7494.
2016-1791. State v. Yancey.
Clermont App. No. CA2016-05-029.
2016-1793. State v. Wooden.
Summit App. No. 28108, 2016-Ohio-7465.
2016-1795. State v. Bevins.
Hamilton App. No. C-150550.
Fischer and DeWine, JJ., not participating.
2016-1799. State v. Dukes.
Summit App. No. 27966, 2016-Ohio-5596.
2016-1807. State v. Hairston.
Franklin App. No. 16AP-220, 2016-Ohio-7511.
O’Donnell, J., not participating.
2017-0114. State v. Ezell.
Lucas App. No. L-15-1054.
2017-0129. In re Adoption of J.L.M-L.
Muskingum App. No. CT2016-0030, 2017-Ohio-
61. Fischer, J., dissents and would accept the
cause on proposition of law No. I.
2017-0182. State v. Castagnola.
Summit App. No. 26185. Motion to remand denied
as moot.
2017-0209. Dept. of Natural Resources v.
Thomas.
Mercer App. No. 10-16-05, 2016-Ohio-8406.
Motion for stay denied as moot.
2017-0253. State v. Payne.
Butler App. No. CA2015-12-219, 2016-Ohio-5470.
2017-0260. In re C.M.
Clermont App. No. CA2016-07-051, 2017-Ohio-
57. O’Neill, J., dissents.
2017-0275. State v. Battiste.
Cuyahoga App. No. 102299, 2017-Ohio-83.
RECONSIDERATION OF PRIOR DECISIONS
2016-1130. Hixon v. Gipson.
Hamilton App. Nos. C-150767 and C-150768.
Reported at 147 Ohio St.3d 1506, 2017-Ohio-261,
67 N.E.3d 823. On motion for reconsideration.
Motion denied. Fischer and DeWine, JJ., not
participating.
2016-1268. Snowden v. Ekeh.
Montgomery App. No. 26688, 2016-Ohio-4976.
Reported at 148 Ohio St.3d 1415, 2017-Ohio-664,
70 N.E.3d 599. On motion for reconsideration.
Motion denied.
2016-1327. State v. Davic.
Franklin App. No. 15AP-1000, 2016-Ohio-4883.
Reported at 147 Ohio St.3d 1508, 2017-Ohio-261,
67 N.E.3d 824. On motion for reconsideration.
Motion denied.
2016-1701. State ex rel. Ebersole v. Powell City
Council.
In Mandamus. Reported at __ Ohio St.3d __,
2017-Ohio-509, __ N.E.3d __. On motion for
reconsideration. Motion denied.
2016-1704. State ex rel. Williams v. Trim.
Union App. No. 14-13-18. Reported at 147 Ohio
St.3d 1511, 2017-Ohio-366, 68 N.E.3d 818. On
motion for reconsideration. Motion denied. On
motion to reclassify extension motion. Motion
denied as moot.
2016-1863. State ex rel. Fockler v. Husted.
In Mandamus. Reported at __ Ohio St.3d __,
2017-Ohio-224, __ N.E.3d __. On motion for
reconsideration. Motion denied. On motion to
strike incorrect statement. Motion denied.
OHIO CASE ANNOUNCEMENTS
April 18, 2017
[Cite as 04/18/2017 Case Announcements, 2017-
Ohio-1421.]
MERIT DECISIONS WITH OPINIONS
2015-1892. State v. Rahab, Slip Opinion No.
2017-Ohio-1401.
Hamilton App. No. C-150186. Judgment affirmed.
French and DeWine, JJ., concur. O’Connor, C.J.,
and O’Donnell and Kennedy, JJ., concur in
judgment only. Hoover, J., concurs in part and
dissents in part, with an opinion joined by
O’Neill, J. Marie Moraleja Hoover, J., of the Fourth
District Court of Appeals, sitting for Fischer, J.
2016-0750. Perry v. Sloan, Slip Opinion No. 2017-
Ohio-1404.
Ashtabula App. No. 2015-A-0064, 2016-Ohio-
1605. Judgment affirmed. O’Connor, C.J., and
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
Lawyer Advertising, Ex-Magistrate Representation
Opinions Issued by Board of Professional
Conduct
Staff Report | April 14, 2017
The Ohio Board of Professional Conduct today
issued advisory opinions on lawyer advertising
and the representation of clients by a former
magistrate. The opinions update and replace
opinions previously issued by the Board under the
former Code of Professional Responsibility and
the former Code of Judicial Conduct.
In Advisory Opinion 2017-3, the Board provides
guidance for lawyers who desire to use
unsolicited emails as a form of advertising to
attract new clients.
As a general rule, lawyers are not permitted to
solicit clients through in-person contact, real-time
electronic contact, or by live telephone. However,
other forms of non-direct solicitation by lawyers
are permissible. The Board advises that email is a
form of an indirect communication that may be
utilized by lawyers seeking new clients. When
using email as a form of advertisement, the
lawyer must abide by other conduct rules
including avoiding misleading communications,
not engaging in unwanted communications or
harassment, and adding a disclaimer that the
email is an “Advertisement Only.” The opinion also
advises that a lawyer may use third-party services
to send the emails, as long as the lawyer
maintains responsibility for the actions of the
service and the content of the emails. The opinion
updates and withdraws former Adv.Op 2004-1.
In Advisory Opinion 2017-04, the Board
considered the ability of a former magistrate, now
practicing law, to represent a domestic relations
client, post-decree, in a matter originally heard by
the magistrate.
The Board advises that a former magistrate may
not represent the client, unless all parties give
informed consent, in writing, to the representation.
If the former magistrate is not permitted to
represent the client, no lawyer in the former
magistrate’s firm may represent the client unless
the former magistrate is timely and properly
screened by the firm, receives no part of the fee,
and written notice is provided to the parties and
the court.
The Board also advises that under the Ohio
Ethics Law, the former magistrate is prohibited for
12 months from representing a client in any
matter the former magistrate personally
participated before leaving public office. The
opinion updates and withdraws former Adv. Op.
2005-5.
OHIO CASE ANNOUNCEMENTS
April 13, 2017
[Cite as 04/13/2017 Case Announcements, 2017-
Ohio-1355.]
MERIT DECISIONS WITH OPINIONS
2016-0252. State ex rel. Bradford v. Dinkelacker,
Slip Opinion No. 2017Ohio-1342.
Hamilton App. No. C-150714. Judgment affirmed
and motion denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and O’Neill, JJ., concur.
Fischer and DeWine, JJ., not participating.
2016-0812. State ex rel. Dailey v. Dawson, Slip
Opinion No. 2017-Ohio-1350.
Cuyahoga App. No. 103237, 2016-Ohio-2837.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2017-0211. State v. Yuschak.
Medina App. No. 15CA0055-M, 2016-Ohio-8507.
On appellee’s motion to strike for lack of service.
Motion denied. Appellee may file a memorandum
in response within 30 days from the date of this
entry.
2017-0485. State ex rel. Brown v. Nusbaum.
Ross App. No. 16CA3572, 2017-Ohio-797. On
appellant’s memorandum in support of jurisdiction.
This cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
The clerk shall issue an order for the transmission
of the record from the Court of Appeals for Ross
County, and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07.
2 04-13-17
Ohio Board of Professional Conduct Files
Disciplinary Case Reports and Recommendations
Staff Report | April 12, 2017
The Ohio Board of Professional Conduct today
announced the filing of disciplinary case reports
with the Ohio Supreme Court. Five reports
recommend discipline for attorneys charged with
professional misconduct. The sixth report
recommends the reinstatement of an attorney
previously suspended for misconduct.
Except in consent-to-discipline cases, the parties
will have an opportunity to file objections to the
board’s report and recommendation with the
Supreme Court. If objections are filed, the case
will be scheduled for oral argument. Oral
argument is not scheduled in reinstatement
cases, except upon order of the Court. In cases in
which the board recommends acceptance of a
consent-to-discipline agreement, no objections
are permitted, and the case is submitted to the
Court for consideration.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Cases on Report of the Board
Franklin County
Columbus Bar Association v. Earl Darren McNeal
Supreme Court Case No. 2017-0491
Recommended sanction: One-year suspension,
stayed
Trumbull County
Trumbull County Bar Association v. Joseph
Terrence Dull
Supreme Court Case No. 2017-0490
Recommended sanction: One-year suspension,
six months stayed
Out-of-State
Disciplinary Counsel v. Brian Allan Maciak
Supreme Court Case No. 2017-0492
Recommended sanction: Two-year suspension,
stayed
Consent-to-Discipline Cases
Cuyahoga County
Disciplinary Counsel v. Samuel Ray Smith II
Supreme Court Case No. 2017-0487
Recommended sanction: 18-month suspension,
12 months stayed
Summit County
Disciplinary Counsel v. Gigi Hoang Fuhry
Supreme Court Case No. 2017-0489
Recommended sanction: Two-year suspension,
six months stayed
Reinstatement Case
Mahoning County
Mahoning County Bar Association v. Charles
Walter Theisler
Supreme Court Case No. 2009-1541
Recommendation: Grant reinstatement
Ohio Board of Professional Conduct
Schedule Released for April Disciplinary Hearings
Staff Report | April 3, 2017
The Ohio Board of Professional Conduct today
announced April disciplinary hearings involving
attorneys and judges charged with professional
misconduct. All hearings take place before a
three-member panel of the board and are open to
the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
April 17 & 18
Disciplinary Counsel v. Andrew Mahlon Engel
Case No. 2016-030
Respondent’s address: 7925 Paragon Road,
Centerville
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., West
Hearing Room 104, Columbus
April 21
Disciplinary Counsel v. Mark Alan Deters
Case No. 2016-076
Respondent’s address: 2011 S. Lakeman Drive,
Bellbrook
Respondent’s counsel: Alvin E. Mathews Jr.,
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
April 24
Cleveland Metropolitan Bar Association v. Rosel
Charles Hurley III
Case No. 2017-001
Respondent’s address: 12800 Shaker Blvd., Suite
230, Cleveland
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
April 24 & 25
Dayton Bar Association v. Derrick Anthony
Strahorn
Case No. 2016-029
Respondent’s address: 6233 N. Main St., Dayton
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Moyer Judicial
Center, North Hearing Room 106
April 28
Trumbull County Bar Association v. John Harold
Large
Case No. 2016-045
Respondent’s address: 1569 Woodland NE, Suite
1, Warren
Respondent’s counsel: Thomas J. Wilson,
Youngstown Hearing Time/Location: 9:30 a.m.;
Moyer Judicial Center, North Hearing Room 106
OHIO CASE ANNOUNCEMENTS
March 31, 2017
[Cite as 03/31/2017 Case Announcements, 2017-
Ohio-1176.]
MOTION AND PROCEDURAL RULINGS
In re Lewis.
On motion for leave to lift vexatious-litigator
sanctions. Motion denied.
DISCIPLINARY CASES
2016-1868. Trumbull Cty. Bar Assn. v. Bellew.
Sua sponte, Timothy Eric Bellew, Attorney
Registration No. 0067573, last known business
address in Girard, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before February 23, 2017.
2016-1871. In re Resignation of Boston.
Sua sponte, Shannon C. Boston, Attorney
Registration No. 0068515, last known business
address in Westerville, Ohio, found in contempt
for failure to surrender his certificate of admission
and file an affidavit of compliance on or before
February 21, 2017.
2017-0092. In re Pioch.
Sua sponte, Susan Marie Pioch, Attorney
Registration No. 0012533, last known business
address in Toledo, Ohio, found in contempt for
failure to file an affidavit of compliance on or
before February 22, 2017.
OHIO CASE ANNOUNCEMENTS
March 30, 2017
[Cite as 03/30/2017 Case Announcements, 2017-
Ohio-1153.]
MOTION AND PROCEDURAL RULINGS
2016-0564. Gyugo v. Franklin Cty. Bd. of Dev.
Disabilities.
Franklin App. No. 15AP-150, 2016-Ohio-823. On
the joint motion of appellee and amicus curiae
state of Ohio for divided oral-argument time
scheduled for April 4, 2017. Motion granted.
Amicus curiae shall share the time allotted to
appellee.
2016-0930. State v. Banks-Harvey.
Warren App. No. CA2015-08-073, 2016-Ohio-
2894. On the joint motion of appellee and amicus
curiae, Ohio Attorney General Michael DeWine,
for divided oral-argument time scheduled for April
6, 2017. Motion granted. Amicus curiae shall
share the time allotted to appellee.
2016-1318. Ferrara v. Vicchiarelli Funeral Servs.,
Inc.
Cuyahoga App. No. 104084, 2016-Ohio-5144. On
appellees’ motion to strike appeal. Motion denied
as moot.
2017-0097. Deutsche Bank Natl. Trust Co. v.
Taylor.
Summit App. No. 28069, 2016-Ohio-7090. On
appellee’s motion to strike notice of appeal and
memorandum in support of jurisdiction due to
improper service. Motion denied. Appellee may
file a memorandum in response within 30 days of
the date of this entry.
MISCELLANEOUS DISMISSALS
2017-0062. State ex rel. Patterson v. Sloan.
Ashtabula App. No. 2016-A-0018, 2016-Ohio-
2902. Appellant has not filed a merit brief and
therefore has failed to prosecute this cause with
the requisite diligence. Cause dismissed.
2017-0304. State ex rel. Bucher v. Stephens.
Butler App. No. CA2017-02-024. On appellant’s
application for dismissal. Application granted.
Cause dismissed.
2 03-30-17
OHIO CASE ANNOUNCEMENTS
March 24, 2017
[Cite as 03/24/2017 Case Announcements, 2017-
Ohio-1066.]
MOTION AND PROCEDURAL RULINGS
2017-0059. State v. Barnes.
Muskingum App. No. CT2005-0013. On
appellee’s motion to strike for failure to provide
service pursuant to S.Ct.Prac.R. 3.11(E)(1).
Motion denied.
Appellee may file a memorandum in response
within 30 days of the date of this entry.
2017-0126. State v. Barnes.
Muskingum App. No. CT2016-0024, 2016-Ohio-
8247. On appellee’s motion to strike for failure to
provide service pursuant to S.Ct.Prac.R. 3.11(E)
(1). Motion denied.
Appellee may file a memorandum in response
within 30 days of the date of this entry.
DISCIPLINARY CASES
2017-0280. Disciplinary Counsel v. Jackson.
On certification of default. Harry Earl Jackson,
Attorney Registration No. 0021324, suspended
from the practice of law for an interim period.
MISCELLANEOUS DISMISSALS
2016-1708. Engelhart v. Bluett.
Hamilton App. No. C-160189, 2016-Ohio-7237.
On appellant’s application for dismissal.
Application granted. Cause dismissed.
2 03-24-17
OHIO CASE ANNOUNCEMENTS
March 16, 2017
[Cite as 03/16/2017 Case Announcements, 2017-
Ohio-922.]
MERIT DECISIONS WITH OPINIONS
2014-1032. Lutheran Social Servs. of Cent. Ohio
Village Hous., Inc. v. Franklin Cty. Bd. of Revision,
Slip Opinion No. 2017-Ohio-900.
Board of Tax Appeals, No. 2012-386 and 2012-
387. Decision vacated and cause remanded.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents and would affirm the
decision of the Board of Tax Appeals.
MOTION AND PROCEDURAL RULINGS
2017-0356. State ex rel. Franklin v. Stark Cty.
Dept. of Job & Family Servs.
Stark App. No. 2016CA00109. On appellant’s
memorandum in support of jurisdiction. This
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 501.
The clerk shall issue an order for the transmission
of the record from the Court of Appeals for
Cuyahoga County, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R. 16.02
through 16.07.
DISCIPLINARY CASES
2014-1394. Cleveland Metro. Bar Assn. v. Sleibi.
On application for reinstatement. Jalal Tamer
Sleibi, Attorney Registration No. 0076633,
reinstated to the practice of law.
2015-0293. Disciplinary Counsel v. Williams.
On application for reinstatement. Orlando Joseph
Williams, Attorney Registration No. 0033558,
reinstated to the practice of law.
2016-1846. Disciplinary Counsel v. Edmondson.
Sua sponte, Christina Rose Edmondson, Attorney
Registration No. 0080214, last known business
address in Hebron, Kentucky, found in contempt
for failure to file an affidavit of compliance on or
before February 10, 2017.
2 03-16-17
Team from Indian Hill High School Wins State
Mock Trial
Staff Report | March 15, 2017
Indian Hill High School Team Red (Hamilton
County) defeated the Notre Dame Cathedral Latin
High School-Legal Lions (Geauga County) to win
the 34th annual high school Mock Trial state
championship over the weekend.
Sponsored by the Ohio Center for Law-Related
Education (OCLRE), the competition began on
March 9 at the Franklin County Courthouse with
32 teams from across the state. Indian Hill and
Notre Dame each won four consecutive trials to
advance to the championship, which took place
on March 11 at the Ohio Statehouse and was
broadcast live by the Ohio Channel. The Indian
Hill team will compete for the National High
School Mock Trial Championship, May 11-13, in
Hartford, Connecticut.
Ohio Mock Trial is the state’s largest high school
academic competition. More than 3,500 students
participate each year, and about 1,000 legal
professionals volunteer to serve as judges and
team advisors. Each year, OCLRE writes an
original case based on a relevant constitutional
issue. This year’s case, Pat Justice v. CAT News
et al., focused on a First Amendment issue in
which students considered a case of defamation
of a public official by a news station.
Students must prepare arguments for both plaintiff
and defense. Ohio Mock Trial is designed to
educate students about the U.S. Constitution and
judicial system and to help them develop critical
thinking, reading, writing, public speaking and
listening skills.
The panel of judges for the final trial included
Ohio State Bar Association President Ronald
Kopp; Ohio State Bar Foundation President
Andrew Storar; OCLRE Board of Trustees
member Candice Suffren; Clermont County
Common Pleas Court Judge Jerry R. McBride;
Holmes County Department of Job and Family
Services Personnel Director Jeff Ginsburg;
Cleveland Metropolitan Bar Association Assistant
Director of Community Programs & Information
Jessica Paine; and Ohio Supreme Court Children
& Families Section Manager Stephanie Nelson.
OHIO CASE ANNOUNCEMENTS
March 15, 2017
[Cite as 03/15/2017 Case Announcements #2,
2017-Ohio-906.]
MOTION AND PROCEDURAL RULINGS
1989-0846. State v. Lott.
Cuyahoga App. No. 54537. On motion for order or
relief pursuant to S.Ct.Prac.R.
4.01. Motion denied.
O’NEILL, J., concurring.
{¶ 1} I concur in the court’s decision to deny the
motion of appellant, Gregory Lott, to vacate his
death sentence and remand the matter to the trial
court for a new sentencing hearing on the
authority of Hurst v. Florida, ___ U.S. __, 136
S.Ct. 616, 193 L.Ed.2d 504 (2016). I write
separately to explain my vote and to reconcile it
with my position that the death penalty is a cruel
and unusual penalty and thus unconstitutional
under the Eighth Amendment to the United States
Constitution, State v. Wogenstahl, 134 Ohio St.3d
1437, 2013-Ohio-164, 981 N.E.2d 900 (O’Neill, J.,
dissenting).
{¶ 2} Nearly 30 years ago, Lott waived his right to
a jury trial both in writing and by verbal agreement
before the trial court. Lott v. Bagley, N.D.Ohio No.
1:04 CV 822, 2007 WL 2891272, *1 (Sept. 28,
2007). He was represented by counsel at the time
and he did not challenge the validity of his waiver
on appeal. State v. Lott, 51 Ohio St.3d 160, 162,
555 N.E.2d 293 (1990). In a petition for
postconviction relief, Lott claimed that he was
improperly induced to waive his right to a jury trial,
but that issue was rejected because it was or
could have been raised on direct appeal and thus
was barred by res judicata. State v. Lott, 8th Dist.
Cuyahoga Nos. 66388, 66389, and 66390, 1994
WL 615012, *8 (Nov. 3, 1994). Lott was
represented at trial, on direct appeal, and during
post-conviction proceedings by different attorneys.
Lott v. Bagley at *2, fn. 2 and 3; see generally
State v. Cole, 2 Ohio St.3d 112, 443 N.E.2d 169
(1982), syllabus (when a defendant represented
by new counsel on appeal fails to raise a claim
that trial counsel was incompetent, the issue is
properly dismissed based on res judicata on a
motion for postconviction relief). Any question
regarding the validity of Lott’s jury waiver has
been conclusively settled for decades.
{¶ 3} “Waiver is the intentional relinquishment or
abandonment of a right * * *.” State v. Payne, 114
Ohio St.3d 502, 2007-Ohio-4642, 873 N.E.2d 306,
¶ 23. Lott consciously chose to be tried by a
three-judge panel. Electing to be tried before such
a panel is widely regarded as a reasonable trial
strategy, particularly when the case is complex.
E.g, State v. Young, 4th Dist. Scioto No.
07CA3195, 2008-Ohio-4752, ¶ 50-51.
{¶ 4} The ruling in Hurst invalidated Florida’s
capital-sentencing scheme based on the right to a
jury trial under the Sixth Amendment to the United
States Constitution. Hurst at 621
622. In the future, this court may have to consider
whether Ohio’s capital-sentencing scheme is
constitutional after Hurst. However, it is unlikely
that Lott’s case will provide the fact pattern that
will clarify that issue. Simply stated, Lott waived
the right upon which Hurst is based. Lott placed
his future in the hands of a three-judge panel
decades ago, and his motion relying upon Hurst
presents inadequate grounds to support ordering
a new capital-sentencing hearing before a jury.
{¶ 5} Based upon recent cases that have come
before this court and before federal courts, I
remain convinced that capital punishment is
inherently cruel and unusual and is barbaric in the
way that it has been carried out. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900
(O’Neill, J. dissenting); State v. Broom, 146 Ohio
St.3d 60, 2016-Ohio-1028, 51 N.E.3d 620, ¶ 92
(O’Neill, J. dissenting); see also In re Ohio
Execution Protocol Litigation, S.D.Ohio No. 2:11–
cv–1016, 2017 WL 378690 (Jan. 26, 2017). But
because Lott has not asked for relief under the
Eighth Amendment to the United States
Constitution, and because the ruling today does
not advance the date of Lott’s execution or affirm
the validity of his death sentence, I respectfully
join the court’s decision.
{¶ 6} For the foregoing reasons, I concur.
2 03-15-17
APPEALS NOT ACCEPTED FOR REVIEW
2016-0423. State v. Wogenstahl.
Hamilton App. No. C-140683, 2015-Ohio-5346.
Fischer and DeWine, JJ., not participating.
O’NEILL, J., concurring.
{¶ 1} I concur in the court’s decision not to
exercise jurisdiction over Jeffrey A. Wogenstahl’s
appeal from the court of appeals’ judgment
affirming the trial court’s refusal to grant him a
new trial. I write separately to explain why.
{¶ 2} Amici Curiae National Association of
Criminal Defense Lawyers and The Innocence
Network claim that Wogenstahl was one of
several hundred individuals nationwide against
whom a Federal Bureau of Investigation expert
offered scientifically invalid microscopic-hair-
comparison evidence. Wogenstahl claims that the
Department of Justice reviewed the expert’s
testimony in his trial and declared in a letter that
based upon a new understanding about what this
methodology can actually prove, the expert
testified “beyond the bounds of science.”
{¶ 3} Based on this new evidence, Wogenstahl
filed a motion for leave to file a motion for a new
trial and a motion for a new trial. The trial court
denied his motion for leave. On appeal, the court
of appeals held that the trial court had erred in not
granting him leave to file his motion for a new trial
but that Wogenstahl had not been prejudiced by
the denial of leave, because “the record does not
disclose a strong probability that the newly
discovered evidence would change the outcome if
a new trial were granted.” 2015-Ohio-5346 at ¶
36. Wogenstahl now appeals that ruling to this
court, asserting both that the court of appeals
applied a higher standard than it should have in
reviewing his motion and that the new evidence
satisfies even the standard applied by the court of
appeals.
{¶ 4} Wogenstahl’s appeal was filed in this court in
March 2016, and according to Wogenstahl, less
than two months later, the Harrison Police
Department released to him its full investigatory
file on his case. Asserting that some of the
information in the file calls into question his
convictions and death sentence and that the
prosecution had failed to provide the
3 03-15-17
information to his counsel at the time of trial,
Wogenstahl asks this court to remand the matter
to the trial court so that he can file a new motion
for new trial that is based on both the new
evidence from the Department of Justice and the
newly discovered information in the police file.
Although Wogenstahl filed an appendix to his
motion to remand containing documents allegedly
from the police file that he asserts support his
motion for a new trial, I will not comment on those
documents, which are not part of the record in his
present appeal.
{¶ 5} These circumstances present a dilemma.
Accepting the present appeal would be premature
in the sense that we are limited to an incomplete
picture of the evidence Wogenstahl has recently
discovered. And whatever decision we might
come to would be inconsequential if Wogenstahl
were eventually granted a new trial based on the
evidence in the investigatory file.
{¶ 6} Presuming that this court’s decision not to
exercise jurisdiction over this appeal will
immediately end this litigation and allow
Wogenstahl to start over with a new motion in the
trial court, I respectfully concur.
4 03-15-17
OHIO CASE ANNOUNCEMENTS
March 14, 2017
[Cite as 03/14/2017 Case Announcements #2,
2017-Ohio-902.]
MOTION AND PROCEDURAL RULINGS
2017-0315. State ex rel. Rocco v. Cuyahoga Cty.
Bd. of Elections.
In Mandamus. On relator’s motion to expedite.
Motion granted. The following schedule for the
presentation of evidence and filing of briefs is set
for this case.
Relator shall file any evidence and a merit brief
within three days of the date of this entry;
respondents shall file any evidence and a merit
brief within three days of the filing of relator’s
merit brief; and relator may file a reply brief within
three days of the filing of respondents’ merit brief.
2017-0321. State ex rel. Rocky Ridge Dev., L.L.C.
v. Winters.
In Prohibition. On relators’ motion for emergency
stay and expedited alternative writ. Emergency
stay denied. Expedited alternative writ granted.
The following briefing schedule is set for the
presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05.
Respondent shall file an answer within three days
of the date of this entry; relators shall file a brief
and evidence within seven days of the filing of
respondent’s answer; respondent shall file a brief
and evidence within seven days of the filing of
relators’ brief; and relators may file a reply brief
within three days after the filing of respondent’s
brief.
The preliminary injunction issued by respondent
shall remain in effect while this action remains
pending, and the proceedings in the action
pending before respondent are otherwise stayed
in accordance with S.Ct.Prac.R. 12.05.
O’Donnell, J., concurs in part and dissents in part,
would deny the request for a stay of the
preliminary injunction as moot because the trial
court has already granted that relief, and would
deny the motion for expedited alternative writ but
permit Rocky Ridge to remediate the conditions in
the notice of violation issued by the EPA pending
further proceedings in the common pleas court.
2 03-14-17
OHIO CASE ANNOUNCEMENTS
March 14, 2017
[Cite as 03/14/2017 Case Announcements, 2017-
Ohio-895.]
MERIT DECISIONS WITH OPINIONS
2014-1794. Emerson v. Erie Cty. Bd. of Revision,
Slip Opinion No. 2017Ohio-865.
Board of Tax Appeals, No. 2012-Y-2287. Decision
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2014-1820. Johnston Coca-Cola Bottling Co., Inc.
v. Hamilton Cty. Bd. of Revision, Slip Opinion No.
2017-Ohio-870.
Board of Tax Appeals, No. 2013-5973. Decision
affirmed as modified.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
OHIO CASE ANNOUNCEMENTS
March 13, 2017
[Cite as 03/13/2017 Case Announcements, 2017-
Ohio-866.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MARCH 13, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the March 13, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format. 2014-0249. Krehnbrink v.
Testa, 148 Ohio St.3d 129, 2016-Ohio-3391.
2014-0688. Morris v. Morris, 148 Ohio St.3d 138,
2016-Ohio-5002. 2014-1594. Jefferson Industries
Corp. v. Madison Cty. Bd. of Revision, 148
Ohio St.3d 181, 2016-Ohio-7089.
2014-1881 and 2014-1962. Onderko v. Sierra
Lobo, Inc., 148 Ohio St.3d 156,
2016-Ohio-5027.
2014-2190. In re A.G., 148 Ohio St.3d 118, 2016-
Ohio-3306.
2015-1093. State v. Sergent, 148 Ohio St.3d 94,
2016-Ohio-2696.
2015-1221. State v. J.M., 148 Ohio St.3d 113,
2016-Ohio-2803.
2015-1243. State ex rel. BF Goodrich Co.,
Specialty Chems. Div. v. Indus.
Comm., 148 Ohio St.3d 212, 2016-Ohio-7988.
2015-1419. Smith v. Erie Ins. Co., 148 Ohio St.3d
192, 2016-Ohio-7742.
2015-1427. State v. Jones, 148 Ohio St.3d 167,
2016-Ohio-5105.
2016-0260. Cincinnati Bar Assn. v. Hauck, 148
Ohio St.3d 203, 2016-Ohio7826.
2016-0353. In re A.J., 148 Ohio St.3d 218, 2016-
Ohio-8196.
2016-0729. State ex rel. Dir., Ohio Dept. of
Agriculture v. Forchione, 148 Ohio St.3d 105,
2016-Ohio-3049.
2016-0856. Disciplinary Counsel v. Truax, 148
Ohio St.3d 190, 2016-Ohio7334.
2016-1277. State ex rel. Sensible Norwood v.
Hamilton Cty. Bd. of Elections, 148 Ohio St.3d
176, 2016-Ohio-5919.
2016-1654. In re Resignation of Richman, 148
Ohio St.3d 1201, 2016-Ohio7972.
MOTION AND PROCEDURAL RULINGS
2011-1921. State v. Sowell.
Cuyahoga C.P. No. CR-09-530885. On appellant’s
motion to clarify due date. Motion granted. The
application for reopening is due May 17, 2017.
2016-1713. Beavercreek Towne Station, L.L.C. v.
Kohl’s Illinois, Inc.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. Sua sponte, briefing
schedule stayed and appellants’ joint motion to
stay briefing deadlines denied as moot.
DISCIPLINARY CASES
2017-0193. Cincinnati Bar Assn. v. May.
On certification of default. Neal Allen May,
Attorney Registration No. 0062317, suspended
from the practice of law for an interim period.
2 03-13-17
2017-0210. Disciplinary Counsel v. Edmondson.
On certified order of the Supreme Court of
Kentucky, No. 2016-SC-000388-KB. Christina
Rose Edmondson, Attorney Registration No.
0080214, suspended from the practice of law in
Ohio for a period of 181 days, to run concurrently
with her suspension in case No. 2016-1846 and
all other current suspensions.
MISCELLANEOUS DISMISSALS
2016-1591. Fravel v. Columbus Rehab. &
Subacute Inst.
Franklin App. No. 16AP-270, 2016-Ohio-5807. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
3 03-13-17
OHIO CASE ANNOUNCEMENTS
March 10, 2017
[Cite as 03/10/2017 Case Announcements, 2017-
Ohio-846.]
MOTION AND PROCEDURAL RULINGS
2017-0204. In re Application of Dayton Power &
Light Co. to Establish a Std. Serv. Offer in the
Form of an Elec. Sec. Plan.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the
Office of the Ohio Consumers’ Counsel for leave
to amend its notice of appeal. Motion granted.
2017-0205. In re Application of Dayton Power &
Light Co. to Establish a Std. Serv. Offer in the
Form of an Elec. Sec. Plan.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the
Office of the Ohio Consumers’ Counsel for leave
to amend its notice of appeal. Motion granted.
OHIO CASE ANNOUNCEMENTS
March 9, 2017
[Cite as 03/9/2017 Case Announcements #2,
2017-Ohio-835.]
MOTION AND PROCEDURAL RULINGS
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus. On respondents’ motion for
protective order. Motion denied. On
relators’ motion to compel. Motion denied.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
and Fischer, JJ., concur. French and DeWine, JJ.,
not participating.
OHIO CASE ANNOUNCEMENTS
March 9, 2017
[Cite as 03/09/2017 Case Announcements, 2017-
Ohio-832.]
MERIT DECISIONS WITH OPINIONS
2015-1841. State ex rel. Marsh v. Tibbals, Slip
Opinion No. 2017-Ohio-829.
Madison App. No. CA2015-04-013. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. On
appellant’s motion to unseal record. Motion
denied. Counsel for appellant in this case and
counsel for appellant in his postconviction-relief
proceedings may come to the Supreme Court of
Ohio Clerk’s Office to review the sealed
documents.
DISCIPLINARY CASES
2016-0259. Disciplinary Counsel v. Simmonds.
On notice of violation and motion to lift stay.
Rasheed Asani Simmonds, Attorney Registration
No. 0067797, found in contempt, stay of
suspension revoked, and respondent suspended
from the practice of law for one year.
31 Victims of Attorney Theft Awarded More Than
$180,000
Staff Report | March 8, 2017
The Board of Commissioners of the Lawyers’
Fund for Client Protection awarded a $75,000
maximum claim as part of $180,445.18 distributed
to 31 victims of attorney theft at its meeting March
3. Thirteen former or suspended Ohio attorneys
were found to have misappropriated client funds.
Three deceased attorneys also were involved in
claims.
Cuyahoga County
The board determined that former clients of six
attorneys were eligible for reimbursement.
A former client of deceased attorney Carl F.
Gillombardo Jr. was reimbursed $1,500 as a
result of Gillombardo’s failure to complete the
services requested before his death on April 22,
2015.
A former client of former attorney Matthew J.
King was reimbursed $300 as a result of King’s
failure to provide the services requested. King’s
license to practice law in Ohio was suspended on
Dec. 21, 2016.
A former client of deceased attorney Donald R.
Murphy was reimbursed $6,990 as a result of
Murphy’s failure to complete the services
requested before his death on Feb. 14, 2016.
A former client of former attorney Kevin Purcell
was reimbursed $48,935.43 as a result of
Purcell’s conversion of client funds. Purcell
resigned from the practice of law in Ohio, with
discipline pending, on May 28, 2015.
Two former clients of suspended attorney Guy
D. Rutherford were reimbursed a total of $9,100
as a result of Rutherford’s failure to provide the
services requested. Rutherford’s license to
practice law in Ohio was suspended on Feb. 1.
A former client of former attorney William L.
Summers was reimbursed $5,000 as a result of
Summers’ failure to provide the services
requested. Summers resigned from the practice of
law in Ohio, with discipline pending, on Oct. 20,
2016.
Delaware County
A former client of former attorney Jennifer L.
Coriell was reimbursed $12,500 as a result of
Coriell’s failure to provide the services requested.
Coriell resigned from the practice of law in Ohio,
with discipline pending, on Dec. 16, 2016.
Fairfield County
A former client of deceased attorney Ronald C.
Stoughton Sr. was reimbursed $1,000 as a result
of Stoughton’s failure to complete the services
requested before his death on March 26, 2016.
Franklin County
The board awarded reimbursement to former
clients of two attorneys.
Two former clients of suspended attorney
Mohammed Noure Alo were reimbursed a total of
$2,000 as a result of Alo’s failure to provide the
services requested. Alo’s license to practice law in
Ohio was suspended on Jan. 22, 2016.
A former client of suspended attorney Joseph
D. Reed was reimbursed $375 as a result of
Reed’s failure to provide the services requested.
Reed’s license to practice law in Ohio was
suspended on Nov. 14, 2016.
Huron County
Thirteen former clients of suspended attorney
Charles R. Smith III were reimbursed a total of
$12,205 as a result of Smith’s failure to provide
the services requested. Smith’s license to practice
law in Ohio was suspended indefinitely on March
10, 2016.
Licking County
A former client of former attorney Stephanie G.
Gussler was reimbursed $1,000 as a result of
Gussler’s failure to provide the services
requested. Gussler resigned from the practice of
law in Ohio, with discipline pending, on Sept. 26,
2016.
Morrow County
Two former clients of former attorney William M.
Adams were reimbursed a total of $2,499.75 as a
result of Adams’ failure to provide the services
requested. Adams resigned from the practice of
law in Ohio, with discipline pending, on April 18,
2014.
Shelby County
A former client of former attorney Joshua S.
Albright was reimbursed $1,540 as a result of
Albright’s failure to provide the services
requested. Albright resigned from the practice of
law in Ohio, with discipline pending, on June 10,
2016.
Trumbull County
The board awarded reimbursement to former
clients of two attorneys.
A former client of suspended attorney Timothy
E. Bellew was reimbursed $500 as a result of
Bellew’s failure to provide the services requested.
Bellew’s license to practice of law in Ohio was
suspended on Jan. 24.
The ex-spouse of a former client of former
attorney David K. Roland was reimbursed the
maximum award amount of $75,000 as a result of
Roland’s failure to account for funds deposited
with him. Rolandwas disbarred from the practice
of law in Ohio on Aug. 31, 2016.
The Ohio Supreme Court created the Lawyers’
Fund for Client Protection in 1985 to reimburse
victims of attorney theft, embezzlement or
misappropriation. The fund is not taxpayer
funded, but is funded primarily by registration fees
paid by every Ohio attorney. Ohio has more than
44,000 attorneys engaged in the active practice of
law with less than 1 percent involved in claims
reimbursed by the fund.
Law clients who believe they have sustained
financial losses resulting from attorney theft,
embezzlement, or misappropriation should
contact the fund by calling 614.387.9390 or
1.800.231.1680.
Students’ Legal Battle to End at the Ohio
Statehouse
Staff Report | March 8, 2017
About 300 Ohio high school students will arrive in
Columbus on March 9 to vie to become state
champion of the 34th Annual Ohio Mock Trial
Competition.
In this year’s fictitious case, Pat Justice v. CAT
News et al., students will consider the defamation
of a public official by a news station. Gov. Pat
Justice speaks at a school assembly. Afterward,
he meets with the school principal and an
argument ensues. Gov. Justice leaves abruptly,
and the principal is found dead from a brain
aneurysm. A student who overheard the argument
reports to a local news outlet that Gov. Justice
killed the principal. While the student’s account is
quickly disproven, the story goes viral. The
governor loses a bid for re-election and files civil
suit against the news station, alleging defamation.
Mock trial teams from the following high schools
have advanced from district and regional
competitions:
Athens County; home-school team – Olivia
Davidson Washington
Butler County – Talawanda High School
Clark County – Springfield High School
Cuyahoga County – Hathaway Brown High
School, Orange High School, Strongsville High
School
Franklin County – Bishop Watterson High
School, Columbus School for Girls, Dublin Jerome
High School, Thomas Worthington High School,
Westerville North High School
Geauga County – Notre Dame Cathedral Latin
High School
Hamilton County – Indian Hills High School,
Reading Community High School, St. Xavier High
School, Summit Country Day School, Sycamore
High School
Knox County – Danville School District
Lorain County – Lake Ridge Academy
Lucas County – Sylvania Southview High
School
Montgomery County – Dayton Early College
Academy
Scioto County – Portsmouth High School
Stark County – Lake High School Uniontown,
Perry High School
Summit County – Archbishop Hoban High
School, St. Vincent St. Mary High School
Warren County – Kings High School
Each team consists of five to 11 students who
assume the roles of witnesses and attorneys to
present both sides of an original case based on a
constitutional issue. Each team will compete in
two trials against opposing teams.
Ohio Mock Trial is a program of the Ohio Center
for Law-Related Education and is Ohio’s largest
high school academic competition. More than
3,500 students participate each year, and about
1,000 legal professionals volunteer to serve as
judges, competition coordinators and team
advisors. Mock Trial is designed to educate
students about the rights and responsibilities of
citizens. Students also develop critical thinking,
reading, writing, public speaking, and listening
skills.
The 2017 State Champion will represent Ohio at
the National High School Mock Trial
Championship in Hartford, Connecticut May 11-
13.
OHIO CASE ANNOUNCEMENTS
March 8, 2017
[Cite as 03/08/2017 Case Announcements, 2017-
Ohio-826.]
MERIT DECISIONS WITH OPINIONS
2017-0079. State ex rel. Delaware Joint
Vocational School Dist. Bd. of Edn. v. Testa, Slip
Opinion No. 2017-Ohio-796.
In Mandamus. Writ denied.
O’Donnell, Kennedy, O’Neill, and DeWine, JJ.,
concur.
O’Connor, C.J., dissents, with an opinion joined
by French and Fischer, JJ.
MOTION AND PROCEDURAL RULINGS
2015-1309. State v. Ford.
Summit C.P. No. CR 2013 04 1008 (A). On
appellee’s motion to supplement the record.
Motion granted. The Summit County clerk of
courts shall supplement the record within 20 days
of the date of this entry with a certified copy of the
transcript of the hearing held October 3, 2014, at
4:30 p.m.
On appellee’s motion to supplement its merit brief.
Motion denied for failure to comply with
S.Ct.Prac.R. 3.13. The court takes notice of page
94 of appellee’s merit brief, which is attached to
the motion to supplement the merit brief.
2016-0585. Nationwide Mut. Ins. Co. v. Lucarell.
Mahoning App. Nos. 2013 MA 00074 and 2013
MA 00133. On appellant’s motion to reschedule
oral argument. Motion denied.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0276. Worthington City Schools Bd. of Edn.
v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-151.
2017-0285. Hertz Ctr. at 600 Vine, L.L.C. v.
Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-2427.
2017-0297. Greenway Ohio, Inc. v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2016-2531.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of this entry, and the parties
shall otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss these
cases or take other action if the parties fail to
timely file merit briefs.
2016-1549. Johnson v. Clark Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-326.
2017-0003. Worthington City Schools Bd. of Edn.
v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-414.
2 03-08-17
OHIO CASE ANNOUNCEMENTS
March 6, 2017
[Cite as 03/06/2017 Case Announcements #2,
2017-Ohio-787.]
MOTION AND PROCEDURAL RULINGS
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus. Sua sponte, relators are ordered to
file a response, if any, to the motion for protective
order no later than 12:00 p.m. on Wednesday,
March 8, 2017.
CASE ANNOUNCEMENTS
March 6, 2017
[Cite as 03/06/2017 Case Announcements, 2017-
Ohio-772.]
OHIO MERIT DECISIONS WITH OPINIONS
2015-0384 and 2015-0385. State v. Gonzales,
Slip Opinion No. 2017-Ohio-777.
Wood App. No. WD-13-086, 2015-Ohio-461.
Motion for reconsideration granted,
decision vacated, and judgment reversed.
O’Connor, C.J., and O’Donnell, French, and
DeWine, JJ., concur. DeWine, J., concurs, with an
opinion. Fischer, J., concurs in part and dissents
in part, with an opinion. Kennedy, J., dissents,
with an opinion. O’Neill, J., dissents, with an
opinion.
MISCELLANEOUS DISMISSALS
2016-0054. State ex rel. Noxious Vegetation
Control, Inc. v. Ohio Bur. of Workers’ Comp.
Franklin App. No. 14AP-51, 2015-Ohio-5234. On
appellant’s application for dismissal. Application
granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
March 1, 2017
[Cite as 03/01/2017 Case Announcements, 2017-
Ohio-717.]
MOTION AND PROCEDURAL RULINGS
2012-0902. State v. Belton.
Lucas C.P. No. CR0200802934000. On
appellant’s motion for appointment of counsel.
Motion granted. Elizabeth Arrick is appointed to
represent appellant for the purpose of filing an
application to reopen his direct appeal pursuant to
S.Ct.Prac.R. 11.06.
MISCELLANEOUS DISMISSALS
2015-1904. Lorring v. Cleveland.
In Mandamus. On joint stipulation of dismissal
with prejudice. Cause dismissed with prejudice.
OHIO CASE ANNOUNCEMENTS
March 3, 2017
[Cite as 03/03/2017 Case Announcements, 2017-
Ohio-749.]
DISCIPLINARY CASES
2016-0261. Disciplinary Counsel v. Joltin.
Sua sponte, Benjamin Joltin, Attorney
Registration No. 0072993, last known business
address in Canfield, Ohio, found in contempt for
failure to surrender his attorney-registration card
and failure to file an affidavit of compliance on or
before January 18, 2017.
2016-0853. Columbiana Cty. Bar Assn. v.
Barborak.
Sua sponte, Virginia Mary Barborak, Attorney
Registration No. 0068601, last known business
address in Lisbon, Ohio, found in contempt for
failure to surrender her attorney-registration card,
failure to surrender her certificate of admission,
and failure to file an affidavit of compliance on or
before January 18, 2017.
2016-0994. Disciplinary Counsel v. DeMasi.
On respondent’s motion to purge contempt.
Motion granted.
MISCELLANEOUS DISMISSALS
2016-1451. Kinderdine v. Mahoning Cty.
Educational Serv. Ctr.
Mahoning App. No. 2014 MA 00180, 2016-Ohio-
5482. On appellant’s application for dismissal.
Application granted. Cause dismissed.
2016-1452. Kinderdine v. Alleman.
Mahoning App. No. 2014 MA 0177, 2016-Ohio-
5481. On appellants’ application for dismissal.
Application granted. Cause dismissed.
OHIO CASE ANNOUNCEMENTS
March 2, 2017
[Cite as 03/2/2017 Case Announcements, 2017-
Ohio-724.]
MOTION AND PROCEDURAL RULINGS
2013-0536. State v. Spaulding.
Summit C.P. No. CR 12 05 1508. On appellant’s
motion for stay of execution of death sentence
pending disposition of available state remedies.
Motion granted. This stay shall remain in effect
until exhaustion of all state postconviction
proceedings, including any appeals.
Attorneys Reminded to Report Their 2016 Pro
Bono Involvement
Staff Report | February 24, 2017
Ohio attorneys registered for active, corporate, or
emeritus pro bono status have about a month to
voluntarily report their 2016 pro bono activities.
Attorneys received an email in January with a link
to a website where pro bono information can be
reported. The portal is open until March 31. All
information is collected anonymously.
Any pro bono work, including financial
contributions to organizations that provide legal
services to people of limited means, can be
reported.
The Ohio Legal Assistance Foundation compiles
the responses and uses the data to improve the
delivery of civil legal services to low-income
Ohioans. The information is shared with the Ohio
Supreme Court, bar associations, and legal aid
organizations across the state.
Participating attorneys in 2015 reported more than
76,000 hours of pro bono legal services valued at
more than $10 million.
Attorneys who wish to participate in voluntary pro
bono reporting may request a link to the reporting
website by email to justiceinaction@olaf.org.
OHIO CASE ANNOUNCEMENTS
February 24, 2017
[Cite as 02/24/2017 Case Announcements, 2017-
Ohio-664.]
MOTION AND PROCEDURAL RULINGS
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report filed
by appellant and appellee, it is ordered by the
court that the stay of the briefing schedule is
hereby extended. The parties shall notify the court
within 180 days from the date of this entry of the
status and whether the stay may be lifted.
2014-1633. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report filed
by appellants and appellee, it is ordered by the
court that the stay of the briefing schedule is
hereby extended. The parties shall notify the court
within 180 days from the date of this entry of the
status and whether the stay may be lifted.
2016-1252. Preterm-Cleveland, Inc. v. Kasich.
Cuyahoga App. No. 103103, 2016-Ohio-4859.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon review of the notice of automatic exclusion
filed in this case by the Office of Attorney
Services, it is evident that Jennifer Lee has not
complied with the pro hac vice registration
requirements as outlined in Gov.Bar R. XII.
Therefore, it is ordered by the court that the pro
hac vice admission of Jennifer Lee is revoked.
2016-1268. Snowden v. Ekeh.
Montgomery App. No. 26688, 2016-Ohio-4976.
This cause came on for further consideration
upon the filing of appellant’s motion for stay in
lower-court proceedings. It is ordered by the court
that the motion is denied as moot.
2016-1381. State v. Sinkovitz.
Hocking App. No. 13CA12, 2014-Ohio-4492. This
cause came on for further consideration upon the
filing of appellant’s motion for stay of execution of
sentence. It is ordered by the court that the
motion is denied as moot.
2017-0063. State v. Halsey.
Butler App. No. CA2016-01-001, 2016-Ohio-7990.
This cause is pending before the court as an
appeal from the Court of Appeals for Butler
County.
Upon review of appellee’s memorandum in
response to jurisdiction, it is ordered by the court,
sua sponte, that the memorandum in response is
stricken as untimely pursuant to S.Ct.Prac.R.
7.03(A)(1).
DISCIPLINARY CASES
2007-2381. Columbus Bar Assn. v. Hayes.
On January 17, 2017, respondent, Michael Jeffrey
Hayes, filed an application to terminate probation.
Upon consideration thereof, the court finds that
respondent has substantially complied with
Gov.Bar R. V(21)(D) and with its order, dated
December 13, 2013, in which the court reinstated
respondent to the practice of law and placed him
on monitored probation with conditions for three
years.
On consideration thereof, it is ordered by this
court that the probation of respondent, Michael
Jeffrey Hayes, Attorney Registration No. 0069111,
last known business address in Columbus, Ohio,
is terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
02-24-17 2
OHIO CASE ANNOUNCEMENTS
February 23, 2017
[Cite as 02/23/2017 Case Announcements, 2017-
Ohio-644.]
MOTION AND PROCEDURAL RULINGS
2011-1921. State v. Sowell.
Cuyahoga C.P. No. CR-09-530885. This cause
came on for further consideration upon the filing
of appellant’s motion for appointment of counsel.
It is ordered by the court that the motion is
granted and Daniel P. Jones is appointed to
represent appellant for the purposes of filing an
application to reopen his direct appeal pursuant to
S.Ct.Prac.R. 11.06.
2016-0317. State v. Anderson.
Montgomery App. No. 26525, 2016-Ohio-135.
This cause is pending before the court as an
appeal from the Court of Appeals for Montgomery
County.
Upon consideration of the motion of amicus curiae
Ohio Attorney General Michael DeWine to
participate in oral argument scheduled for
Tuesday, February 28, 2017, it is ordered by the
court that the motion is granted. Amicus curiae
Ohio Attorney General Michael DeWine is
permitted five minutes of oral-argument time and
shall argue after the completion of appellee’s 15
minutes of oral-argument time.
It is further ordered that appellant is allotted 20
total minutes of oral-argument time.
2017-0100. State v. Dye.
Cuyahoga App. No. 103907, 2016-Ohio-8044.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Allen Bloom, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2017-0115. State v. Bonnell.
Cuyahoga C.P. No. CR-87-223820-ZA. This
cause is pending before the court as an appeal
from the Court of Common Pleas of Cuyahoga
County.
Upon consideration of appellant’s motion for an
extension of time to file the record, it is ordered by
the court that the motion is granted. The time for
the Clerk of the Cuyahoga County Court of
Common Pleas to transmit the record is hereby
extended to March 20, 2017.
2017-0171. Arpin v. Consol. Rail Co.
Cuyahoga App. No. 104279, 2016-Ohio-8313.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Dan Himmelfarb, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
MISCELLANEOUS DISMISSALS
2017-0107. Huntington Natl. Bank v. Widenmeyer.
Medina App. No. 15CA0066-M. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2017-0141. State ex rel. Wegman v. Ohio Police &
Fire Pension Fund.
Franklin App. No. 16AP-112, 2016-Ohio-8270.
2 02-23-17
2017-0160. State ex rel. Miller v. Kidron Volunteer
Fire Dept., Inc.
In Mandamus.
2017-0161. Kohl’s Illinois, Inc. v. Marion Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2016-138.
2017-0185. State ex rel. Seibert v. Richard Cyr,
Inc.
Franklin App. No. 15AP-402, 2016-Ohio-8335.
2017-0188. Georgetown/Chase Phase I, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1903 and 2015-
1904.
2017-0228. Scaglione v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2016-532, 2016-533,
2016-536, 2016-1331, and 20161335.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of this entry, and the parties
shall otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss these
cases or take other action if the parties fail to
timely file merit briefs.
2016-0054. State ex rel. Noxious Vegetation
Control, Inc. v. Ohio Bureau of Workers’ Comp.
Franklin App. No. 14AP-51, 2015-Ohio-5234.
2016-1713. Beavercreek Towne Station, L.L.C. v.
Greene Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.
3 02-23-17
OHIO CASE ANNOUNCEMENTS
February 22, 2017
[Cite as 02/22/2017 Case Announcements, 2017-
Ohio-573.]
MERIT DECISIONS WITH OPINIONS
2015-1685. Dunkle v. Dept. of Rehab. & Corr.,
Slip Opinion No. 2017-Ohio
551.
Marion App. No. 9-15-28. Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2015-1847. State v. Orr, Slip Opinion No. 2017-
Ohio-552.
Cuyahoga App. No. 102460, 2015-Ohio-4081.
Cause dismissed as having been improvidently
accepted.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-1115. State ex rel. Cincinnati Enquirer v.
Pike Cty. Coroner’s Office.
In Mandamus. Sua sponte, alternative writ
granted and briefing schedule set for presentation
of evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
On respondent’s motion to dismiss. Motion
denied.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
and Fischer, JJ., concur. French and DeWine, JJ.,
not participating.
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus. Sua sponte, alternative writ
granted and briefing schedule set for presentation
of evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
On respondents’ motion to dismiss. Motion
denied. On relators’ motion for order lifting
mediation stay. Motion denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
and Fischer, JJ., concur.
French and DeWine, JJ., not participating.
2016-1362. Sims v. Pinkney.
In Habeas Corpus. On petition for writ of habeas
corpus of Antrown T. Sims. Sua sponte, cause
dismissed without prejudice.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1414. Melhado v. Wainwright.
In Habeas Corpus. On petition for writ of habeas
corpus of Clive Melhado. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1526. In re Boylen v. Marquis.
In Habeas Corpus. On petition for writ of habeas
corpus of Adam Boylen. Sua sponte, cause
dismissed.
On petitioner’s motion for peremptory writ
ordering the immediate release and discharge of
petitioner from confinement and imprisonment.
Motion denied.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1661. State ex rel. Black v. Harsha.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1717. State ex rel. Griffin v. Myers.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1723. State ex rel. Russell v. Klatt.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill,
Fischer, and DeWine, JJ., concur.
French, J., not participating.
2016-1745. State ex rel. Haddix v. Forchione.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1767. State ex rel. Rink v. Duhart.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents and would grant an alternative
writ.
2016-1849. Jones v. State.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1993-1667. State v. Bidinost.
Cuyahoga App. No. 62925. On appellee’s motion
to redact the full names of minor victims. Motion
granted. The Reporter of Decisions shall replace
the victims’ full names with the victims’ initials in
the opinion for this case that is available on the
court’s website.
1994-2622. State v. Otte.
Cuyahoga App. No. 64617. On motion to vacate
Gary Otte’s death sentences. Motion denied. On
motion to stay execution date. Motion denied.
O’Neill, J., dissents and would grant both motions.
2015-0192. State v. D.B.
Montgomery App. No. 25859, 2014-Ohio-4858.
On appellant’s motion for stay of execution of
judgment. Motion granted.
O’Connor, C.J., and O’Neill, J., dissent.
2015-0677. State v. Aalim.
Montgomery App. No. 26249, 2015-Ohio-892. On
appellee’s motion for stay of execution of
judgment. Motion granted.
O’Connor, C.J., and O’Neill, J., dissent.
2015-1517. State ex rel. Singer v. Fairland Local
School Dist. Bd. of Edn.
In Mandamus. On request for oral argument.
Motion granted.
O’Donnell, J., dissents and would deny the
request for oral argument and grant a writ of
mandamus.
2016-1325. In re Application of Ohio Edison Co.
Public Utilities Commission, No. 14-1297-EL-
SSO. On motion to dismiss of Public Utilities
Commission of Ohio. Motion granted. On motion
to dismiss of Ohio Edison Company, The
Cleveland Electric Illuminating Company, and The
Toledo Edison Company. Motion granted. Cause
dismissed.
2016-1798. State v. Pulvino.
Portage App. No. 2015-P-0056, 2016-Ohio-1589.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill and Fischer, JJ., dissent.
2016-1814. State v. Dominguez.
Cuyahoga App. No. 104796. On motion for leave
to file delayed appeal. Motion denied.
2016-1831. State v. Smith.
Summit App. No. 27832, 2016-Ohio-7084. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1835. Perry v. Allstate Indemn. Co.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Eastern
Division, No. 1:16-cv-1522. On review of
preliminary memoranda pursuant to S.Ct.Prac.R.
9.05. The court determines that it will not answer
the certified question. Cause dismissed. On
request to consolidate 2016-1835 and 2016-1840.
Request denied as moot.
French, Fischer, and DeWine, JJ., dissent.
2016-1837. State v. Daniels.
Franklin App. No. 14AP-326, 2015-Ohio-2649. On
motion for leave to file delayed appeal. Motion
denied.
2016-1840. Cranfield v. State Farm Fire & Cas.
Co.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Eastern
Division, No. 1:16-cv-1273. On review of
preliminary memoranda pursuant to S.Ct.Prac.R.
9.05. The court determines that it will not answer
the certified question. Cause dismissed.
French, Fischer, and DeWine, JJ., dissent.
2016-1856. State v. Suber.
Licking App. No. 16 CA 14, 2016-Ohio-7497. On
motion for leave to file delayed appeal. Motion
granted. It is further ordered by the court that
appellant shall file a memorandum in support of
jurisdiction within 30 days from the date of this
entry.
O’Connor, C.J., and O’Donnell and DeWine, JJ.,
dissent.
2016-1861. State v. Saracco-Rios.
Madison App. Nos. CA2016-02-011 and CA2016-
03-014, 2016-Ohio-7192. On motion for leave to
file delayed appeal. Motion denied.
2016-1870. Cyran v. Cyran.
Montgomery App. No. 27009, 2016-Ohio-7323.
On review of an order certifying a conflict. The
court determines that a conflict exists. The parties
are to brief the issue stated at page 2 of the court
of appeals’ entry filed November 21, 2016:
“Does the collateral consequences exception to
mootness apply to an appeal from an expired
protective order when the appellant faces possible
collateral consequences that may not be
ascertainable at the time of the appeal?”
The conflict case is Wilder v. Perma, 174 Ohio
App.3d 586, 2007-Ohio6635 (8th Dist.).
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
Court of Appeals for Montgomery County.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2016-1737, Cyran v.
Cyran, and that briefing in 2016-1737 and 2016-
1870 shall be consolidated. The parties shall file
two originals of each of the briefs under
S.Ct.Prac.R. 16.02 through 16.04 and include
both case numbers on the cover of the briefs. The
parties shall otherwise comply with the
requirements of S.Ct.Prac.R. 16.01 through
16.04.
O’Connor, C.J., dissents.
2016-1872. State v. Hodges.
Medina App. No. 15CA0056-M, 2016-Ohio-5461.
On motion for leave to file delayed appeal. Motion
denied.
O’Connor, C.J., and O’Neill, J., dissent.
2016-1887. State v. Geiger.
Franklin App. No. 15AP-1120, 2016-Ohio-7571.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1890. State v. Williams.
Lorain App. No. 16CA010900, 2016-Ohio-7345.
On motion for leave to file delayed appeal. Motion
granted. It is further ordered by the court that
appellant shall file a memorandum in support of
jurisdiction within 30 days from the date of this
entry.
O’Connor, C.J., and O’Donnell and French, JJ.,
dissent.
2016-1895. State v. Pleatman.
Hamilton App. No. C-160234, 2016-Ohio-7659.
On motion to stay imposition of sentence. Motion
denied. On motion to stay pending decision by
court of appeals. Motion denied.
O’Donnell and O’Neill, JJ., dissent.
Fischer and DeWine, JJ., not participating.
2016-1910. State v. Miler.
Cuyahoga App. No. 100461, 2015-Ohio-1535. On
motion for leave to file delayed appeal. Motion
denied.
2016-1912. State v. Woogerd.
Franklin App. No. 05AP-45, 2007-Ohio-1518. On
motion for leave to file delayed appeal. Motion
denied.
APPEALS ACCEPTED FOR REVIEW
2015-1736. State v. Mack.
Cuyahoga App. No. 10261, 2015-Ohio-2149.
Discretionary appeal accepted on proposition of
law No. I only. Judgment vacated and cause
remanded to the court of appeals to consider the
merits of appellant’s appeal.
2016-1236. O’Hamill v. CareSource Mgt. Group.
Cuyahoga App. No. 104586. Discretionary appeal
accepted and cause held for decision in 2015-
1975, Ferguson v. State, and briefing schedule
stayed.
O’Neill, J., dissents.
2016-1252. Preterm-Cleveland, Inc. v. Kasich.
Cuyahoga App. No. 103103, 2016-Ohio-4859.
O’Connor, C.J., dissents.
2016-1255. State v. Pountney.
Cuyahoga App. No. 103686, 2016-Ohio-4866.
O’Donnell, O’Neill, and DeWine, JJ., dissent.
2016-1737. Cyran v. Cyran.
Montgomery App. No. 27009, 2016-Ohio-7323.
Discretionary appeal accepted. Sua sponte,
cause consolidated with 2016-1870, Cyran v.
Cyran.
APPEALS NOT ACCEPTED FOR REVIEW
2015-0264. State v. Jackson.
Trumbull App. No. 2008-T-077. O’Neill, J., not
participating.
2015-0265. State v. Jackson.
Trumbull App. No. 2013-T-0103, 2015-Ohio-7.
O’Neill, J., not participating.
2016-0706. State v. Phillips.
Summit App. No. 27733, 2016-Ohio-1198.
O’Connor, C.J., not participating.
2016-0949. State v. Sweeting.
Hamilton App. No. C-150436. Fischer, J., not
participating.
2016-1184. Parrott v. State Med. Bd. of Ohio.
Franklin App. No. 15-AP-963, 2016-Ohio-4635.
2016-1186. Wright v. Harts Machine Servs., Inc.
Fulton App. No. F-15-004, 2016-Ohio-4758.
Kennedy, J., dissents.
French, J., dissents and would accept the appeal
on proposition of law No. I.
2016-1190. Huntington Natl. Bank v. Cade.
Cuyahoga App. No. 103674, 2016-Ohio-4705.
2016-1193. State v. Kadunc.
Franklin App. No. 15AP-920, 2016-Ohio-4637.
O’Neill, J., dissents.
O’Donnell, J., not participating.
2016-1194. Beadle v. O’Konski-Lewis.
Lucas App. No. L-15-1216, 2016-Ohio-4749.
2016-1198. Beacon Place at Church Square
Homeowner’s Assn., Inc. v. Smith.
Cuyahoga App. No. 103323, 2016-Ohio-4694.
Motion to strike denied as moot.
2016-1203. State v. Phillips.
Hamilton App. No. C-150376, 2016-Ohio-4672.
Fischer and DeWine, JJ., not participating.
2016-1206. Rickets v. Everflow E., Inc.
Mahoning App. No. 14 MA 0103, 2016-Ohio-4807.
2016-1207. Weber v. Ferrellgas, Inc.
Trumbull App. No. 2015-T-0071, 2016-Ohio-4738.
2016-1213. WCI, Inc. v. Ohio State Liquor Control
Comm.
Franklin App. No. 16AP-72, 2016-Ohio-4778.
2016-1216. State v. Sherman.
Tuscarawas App. No. 2015 AP 12 0067, 2016-
Ohio-4967. O’Neill, J., dissents.
2016-1217. State v. Hedges.
Hocking App. No. 15CA21, 2016-Ohio-5038.
O’Neill, J., dissents.
2016-1220. State ex rel. Macey v. Byrd.
Cuyahoga App. No. 103646, 2016-Ohio-4703.
O’Donnell, J., dissents.
2016-1222. State v. Brantley.
Summit App. No. 27466, 2016-Ohio-4680. O’Neill,
J., dissents.
2016-1223. State v. Thompson.
Wayne App. No. 15AP0016, 2016-Ohio-4689.
DeWine, J., dissents and would accept the appeal
on proposition of law No.
IV.
2016-1225. State v. Victor.
Geauga App. Nos. 2014-G-3220, 2014-G-3241,
and 2015-G-0010, 2015-Ohio5520. Appeal and
cross-appeal not accepted. Motion to strike
denied as moot.
2016-1227. Dellecurti v. Walgreen Co.
Trumbull App. No. 2015-T-0097, 2016-Ohio-4741.
O’Donnell, J., dissents.
2016-1246. Simmons v. Extendicare Health
Servs., Inc.
Delaware App. No. 15 CAE 12 0095, 2016-Ohio-
4831. O’Donnell, J., dissents.
2016-1249. Automation Tool & Die, Inc. v. Ohio
Bur. of Workers’ Comp.
Franklin App. No. 15AP-631, 2016-Ohio-4882.
O’Donnell, J., dissents.
2016-1258. State v. Radney.
Cuyahoga App. No. 103869, 2016-Ohio-5328.
O’Neill, J., dissents and would accept the appeal
and hold the cause for the decision in 2016-0672,
State v. Mohamed.
2016-1262. U.S. Bank, N.A. v. Beach.
Summit App. No. 27928, 2016-Ohio-4938.
2016-1267. Whitmer v. Zochowski.
Franklin App. Nos. 15AP-52, 15AP-60, and 15AP-
65, 2016-Ohio-4764. O’Neill, J., dissents and
would accept the appeal and second appeal.
2016-1268. Snowden v. Ekeh.
Montgomery App. No. 26688, 2016-Ohio-4976.
2016-1315. State v. Peirano.
Franklin App. No. 16AP-96, 2016-Ohio-5045.
French and Fischer, JJ., dissent and would accept
the appeal on proposition of law No. I.
2016-1324. Miller v. Cloud.
Columbiana App. No. 2015 CO 0018, 2016-Ohio-
5063. Kennedy and O’Neill, JJ., dissent.
2016-1329. State v. Rucker.
Hamilton App. No. C-150434, 2016-Ohio-5111.
O’Donnell, J., dissents and would accept the
appeal on proposition of law No. II.
O’Neill, J., dissents.
Fischer, J., not participating.
2016-1331. State v. Nian.
Delaware App. No. 15CAA070052, 2016-Ohio-
5146.
2016-1343. State v. Tracey.
Muskingum App. No. CT2015-0040, 2016-Ohio-
5255.
2016-1352. State v. Lee.
Richland App. No. 15 CA 52, 2016-Ohio-1045.
Appellee’s motion to strike and dismiss appeal
denied as moot.
2016-1365. Barton v. Barton.
Greene App. No. 2015-CA-53, 2016-Ohio-5264.
2016-1381. State v. Sinkovitz.
Hocking App. No. 13CA12.
2016-1382. State v. Malone.
Scioto App. No. 14CA3648, 2016-Ohio-3543.
2016-1383. State v. Armengau.
Franklin App. No. 16AP-418, 2016-Ohio-5534.
2016-1386. State v. Kudla.
Summit App. No. 27652, 2016-Ohio-5215.
2016-1388. Cunningham v. Protect Autoworks.
Portage App. No. 2015-P-0066, 2016-Ohio-4745.
O’Donnell, J., dissents.
2016-1389. State v. Pertee.
Summit App. No. 27898. O’Donnell, French, and
O’Neill, JJ., dissent.
2016-1390. In re Estate of Geneva.
Tuscarawas App. No. 2016 AP 02 0013, 2016-
Ohio-5382.
2016-1400. State v. Norris.
Licking App. No. 16 CA 7, 2016-Ohio-5381.
2016-1404. State v. Dixon.
Montgomery App. No. 26873, 2016-Ohio-5538.
2016-1409. State v. Moffett.
Summit App. No. 28001, 2016-Ohio-5314.
2016-1433. State v. Wilson.
Cuyahoga App. No. 102673.
2016-1457. State v. Payne.
Butler App. No. CA2015-12-219, 2016-Ohio-5470.
2016-1458. State v. Reed.
Franklin App. No. 15AP-952, 2016-Ohio-5494.
2016-1461. State v. Arega.
Franklin App. No. 12AP-263.
2016-1476. State v. Ramallo.
Lucas App. No. L-15-1236, 2016-Ohio-5544.
2016-1482. State v. Jenkins.
Franklin App. No. 16AP-105, 2016-Ohio-5533.
2016-1485. State v. Weckel.
Greene App. No. 2015-CA-64, 2016-Ohio-5654.
2016-1492. State v. Hewitt.
Stark App. No. 2016CA00067, 2016-Ohio-5762.
French, J., dissents.
2016-1509. State v. Williams.
Montgomery App. No. 26635, 2016-Ohio-5655.
Motion to vacate or set aside judgment denied as
moot.
2016-1519. State v. Colvin.
Mahoning App. No. 15 MA 0162, 2016-Ohio-5644.
O’Donnell, J., dissents.
2016-1522. State v. Smelko.
Summit App. No. 28320.
2016-1524. State v. Dukes.
Summit App. No. 27966, 2016-Ohio-5596.
2016-1541. State v. West.
Summit App. No. 28051, 2016-Ohio-5694.
2016-1542. State v. McMullen.
Clark App. No. 2014-CA-153, 2016-Ohio-5650.
2016-1552. State v. Gilmore.
Cuyahoga App. No. 104854.
2016-1554. State v. Norris.
Clark App. No. 2015-CA-22, 2016-Ohio-5729.
2016-1674. State v. Jackson.
Cuyahoga App. No. 100877, 2016-Ohio-7474.
2016-1771. State v. Payne.
Ashtabula App. No. 2015-A-0036.
2016-1808. State v. Smith.
Guernsey App. No. 15CA00020.
2016-1824. In re Z.F.
Summit App. Nos. 28246 and 28247, 2016-Ohio-
7463.
2016-1836. State v. Kalman.
Ashland App. No. 15 COA 041.
2016-1875. In re B.A.
Cuyahoga App. No. 104496, 2016-Ohio-7786.
RECONSIDERATION OF PRIOR DECISIONS
2014-1940. Linert v. Foutz.
Mahoning App. No. 11 MA 189, 2014-Ohio-4431.
Reported at __ Ohio St.3d __, 2016-Ohio-8445,
__ N.E.3d __. On motion for reconsideration.
Motion denied. O’Neill, J., dissents.
2016-1073. Ellison v. Hillsboro.
Highland App. No. 15CA17, 2016-Ohio-1556.
Reported at 147 Ohio St.3d 1474, 2016-Ohio-
8438, 65 N.E.3d 777. On motion for
reconsideration. Motion denied. O’Donnell and
Kennedy, JJ., dissent.
2016-1174. State v. Hackney.
Hamilton App. No. C-150375, 2016-Ohio-4609.
Reported at 147 Ohio St.3d 1475,
2016-Ohio-8438, 65 N.E.3d 778. On motion for
reconsideration. Motion denied. O’Neill, J.,
dissents. Fischer, J., not participating.
OHIO CASE ANNOUNCEMENTS
February 21, 2017
[Cite as 02/21/2017 Case Announcements #2,
2017-Ohio-575.]
MOTION AND PROCEDURAL RULINGS
2017-0242. State ex rel. Curtis v. Vital Statistics
Registrar, Brown Cty. Health Dept.
Brown App. No. CA2017-01-001. This cause is
pending before the court as a jurisdictional
appeal.
It is ordered by the court, sua sponte, that
appellee shall file a response, if any, to appellant’s
motion for stay of court of appeals’ judgment no
later than
12:00 p.m. on Thursday, February 23, 2017.
OHIO CASE ANNOUNCEMENTS
February 21, 2017
[Cite as 02/21/2017 Case Announcements, 2017-
Ohio-566.]
MERIT DECISIONS WITH OPINIONS
2016-1149. Disciplinary Counsel v. Doumbas, Slip
Opinion No. 2017-Ohio
550.
On Certified Report by the Board of Professional
Conduct, No. 2014-018. Marc George Doumbas,
Attorney Registration No. 0074028, is hereby
indefinitely suspended from the practice of law.
French, O’Neill, Fischer, and DeWine, JJ., concur.
O’Connor, C.J., and O’Donnell and Kennedy, JJ,
dissent and would not grant respondent credit for
time served under interim felony suspension.
MOTION AND PROCEDURAL RULINGS
1989-2139. State v. Bonnell.
Cuyahoga App. No. 55927. This cause came on
for further consideration upon the filing of
appellant’s motion to withdraw his motion for stay
of execution. It is ordered by the court that the
motion is granted.
2015-1773. State ex rel. Sunesis Constr. Co. v.
Indus. Comm.
Franklin App. No. 13AP-449, 2015-Ohio-3973.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of the joint motion for
extension of time to file merit briefs of appellees, it
is ordered by the court that appellees’ merit briefs
shall be filed no later than March 10, 2017.
OHIO CASE ANNOUNCEMENTS
February 16, 2017
[Cite as 02/16/2017 Case Announcements, 2017-
Ohio-528.]
MERIT DECISIONS WITH OPINIONS
2015-0243. Akron Bar Assn. v. Bednarski, Slip
Opinion No. 2017-Ohio-522.
On Certified Report by the Board of Professional
Conduct, No. 2014-094. Holly Lynn Bednarski,
Attorney Registration No. 0077231, is hereby
suspended from the practice of law for two years,
with the final six months stayed on conditions.
O’Connor, C.J., and O’Donnell, Kennedy, French,
Fischer, and DeWine, JJ., concur.
O’Neill, J., dissents and would grant respondent
credit for time served under interim default
suspension.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinion, which was
previously issued as an entry in response to an
affidavit of disqualification filed pursuant to R.C.
2701.03.
17-AP-002. In re Disqualification of Saffold, Slip
Opinion No. 2017-Ohio-523 (decided Feb. 2,
2017).
MOTION AND PROCEDURAL RULINGS
2016-0172. Cleveland v. Oles.
Cuyahoga App. No. 102835, 2016-Ohio-23. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Cuyahoga County.
Upon consideration of the joint motion of appellant
and amicus curiae Cuyahoga County Prosecuting
Attorney for divided argument time on
Wednesday, March 1, 2017, it is ordered by the
court that the motion is granted. Amicus curiae
shall share the time allotted to appellant.
2016-0238. State v. Bembry.
Mahoning App. Nos. 2014 MA 51 and 2014 MA
52, 2015-Ohio-5598. This cause is pending before
the court as an appeal from the Court of Appeals
for Mahoning County.
Upon consideration of the joint motion of appellee
and amicus curiae Ohio Attorney General Michael
DeWine for divided argument time scheduled for
March 1, 2017, it is ordered by the court that the
motion is granted. Amicus curiae shall share the
time allotted to appellee.
2016-0271. State v. Polk.
Franklin App. No. 14AP-787, 2016-Ohio-28. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of the joint motion of appellant
and amicus curiae Ohio Attorney General Michael
DeWine for divided argument time scheduled for
March 1, 2017, it is ordered by the court that the
motion is granted. Amicus curiae shall share the
time allotted to appellant.
2016-0282. Cleveland v. Oles.
Cuyahoga App. No. 102835, 2016-Ohio-23. This
cause is pending before the court as an appeal
from the Court of Appeals for Cuyahoga County.
Upon consideration of the joint motion of appellant
and amicus curiae Cuyahoga County Prosecuting
Attorney for divided argument time scheduled for
Wednesday, March 1, 2017, it is ordered by the
court that the motion is granted. Amicus curiae
shall share the time allotted to appellant.
2017-0220. State ex rel. Cowan v. Gallagher.
Cuyahoga App. No. 104666, 2017-Ohio-108. This
cause was filed as a jurisdictional appeal. Upon
consideration of appellant’s memorandum in
support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Cuyahoga County and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
2 02-16-17
DISCIPLINARY CASES
2016-0538. Disciplinary Counsel v. Walton.
This matter came on for further consideration
upon the filing by relator of a notice of violation
and motion to lift stay.
Upon consideration thereof, it is ordered by the
court that the motion is denied.
O’Connor, C.J., dissents.
Fischer, J., not participating.
2016-1148. Lorain Cty. Bar Assn. v. Mackin.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct.
On February 16, 2017, in 2017-0037, In re
Resignation of Mackin, this court accepted
respondent’s resignation from the practice of law
with disciplinary action pending.
Therefore, it is ordered by the court that 2016-
1148 is dismissed.
It is further ordered that respondent be taxed the
costs of these proceedings in the amount of
$2,619.02, which costs shall be payable to this
court by cashier’s check or money order on or
before 90 days from the date of this order. It is
further ordered that if these costs are not paid in
full on or before 90 days from the date of this
order, interest at the rate of 10 percent per annum
shall accrue as of 90 days from the date of this
order and the matter may be referred to the
attorney general for collection. It is further ordered
that respondent is liable for all collection costs
pursuant to R.C. 131.02 if the debt is certified to
the attorney general for collection.
2016-1844. Lorain Cty. Bar Assn. v. Jones.
On December 15, 2016, and pursuant to Gov.Bar
R. V(14)(A), the Board of Professional Conduct
filed with this court a certification of default,
alleging that respondent, Ken Jones, failed to file
an answer to a formal complaint pending before
the board. Respondent did not file a response.
Upon consideration thereof and pursuant to
Gov.Bar R. V(14)(B)(1), it is ordered that this
matter is dismissed pursuant to Disciplinary
Counsel v. Harris, 137 Ohio St.3d 1, 2013-Ohio-
4026, 996 N.E.2d 921. It is further ordered that
this matter is referred to the Board on the
Unauthorized Practice of Law for further
proceedings.
Fischer, J., dissents.
3 02-16-17
2017-0037. In re Resignation of Mackin.
On application for resignation of Patrick Charles
Mackin, Attorney Registration No. 0038677, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2017-0038. In re Resignation of Goldthorpe.
On application for resignation of Christopher J.
Goldthorpe, Attorney Registration No. 0007787,
and on report filed under seal by disciplinary
counsel. Resignation accepted with disciplinary
action pending.
O’Neill and Fischer, JJ., dissent.
4 02-16-17
Ohio Board of Professional Conduct
Board of Professional Conduct Files Disciplinary
Case Reports and Recommendations
Staff Report | February 15, 2017
The Ohio Board of Professional Conduct today
announced the filing of disciplinary case reports
with the Ohio Supreme Court. Each report
includes a recommendation of discipline for
attorneys and judges charged with professional
misconduct.
Except in consent-to-discipline cases, the parties
will have an opportunity to file objections to the
board’s report and recommendation with the
Supreme Court. If objections are filed, the case
will be scheduled for oral argument. Oral
argument is not scheduled in reinstatement
cases, except upon order of the Court. In cases in
which the board recommends acceptance of a
consent-to-discipline agreement, no objections
are permitted, and the case is submitted to the
Court for consideration.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Cases on Report of the Board
Hamilton County
Lorain County Bar Association v. Anisa Asha
Williamson
Supreme Court Case No. 2017-0226
Recommended sanction: Public reprimand
Montgomery County
Disciplinary Counsel v. Patricia Ann Pickrel
Supreme Court Case No. 2017-0225
Recommended sanction: Two-year suspension,
one year stayed
Stark County
Stark County Bar Association v. Glen F.
Buttacavoli
Supreme Court Case No. 2017-0227
Recommended sanction: Two-year suspension,
18 months stayed
Consent-to-Discipline Cases
Cuyahoga County
Cleveland Metropolitan Bar Association v. Michael
William Callahan
Supreme Court Case No. 2017-0223
Recommended sanction: Public reprimand
Franklin County
Columbus Bar Association v. Jeffrey Thomas
Kluesener
Supreme Court Case No. 2017-0221
Recommended sanction: Six-month suspension,
stayed
CASE ANNOUNCEMENTS
February 13, 2017
[Cite as 02/13/2017 Case Announcements, 2017-
Ohio-490.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF FEBRUARY 13,
2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the February 13, 2017
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-0521. In re Application of Columbus S.
Power Co., 147 Ohio St.3d 439, 2016-Ohio-1608.
2014-0192. Cleveland Metro. Bar Assn. v. Bancsi,
147 Ohio St.3d 1281, 2016Ohio-5917.
2015-0363. State ex rel. N.G. v. Cuyahoga Cty.
Court of Common Pleas, Juvenile Div., 147 Ohio
St.3d 432, 2016-Ohio-1519.
2015-0724. Ratonel v. Roetzel & Andress, L.P.A.,
147 Ohio St.3d 485, 2016Ohio-8013.
2015-1670. State ex rel. Bunting v. Styer, 147
Ohio St.3d 462, 2016-Ohio-5781.
2015-1762. Robinson v. LaRose, 147 Ohio St.3d
473, 2016-Ohio-7647.
2015-2080. State ex rel. Durrani v. Ruehlman, 147
Ohio St.3d 478, 2016-Ohio7740.
2016-0261. Disciplinary Counsel v. Joltin, 147
Ohio St.3d 490, 2016-Ohio8168.
2016-0285. State ex rel. Williams v. Sutula, 147
Ohio St.3d 472, 2016-Ohio7453.
2016-0459. State ex rel. Cain v. Gee, 147 Ohio
St.3d 477, 2016-Ohio-7653.
2016-0614. State ex rel. Jacquemin v. Union Cty.
Bd. of Elections, 147 Ohio St.3d 467, 2016-Ohio-
5880.
2016-0855. Toledo Bar Assn. v. Crosser, 147 Ohio
St.3d 499, 2016-Ohio-8257.
2016-1176. In re Resignation of Culbreath, 147
Ohio St.3d 1279, 2016-Ohio5675.
2016-1261. In re Resignation of Gussler, 147
Ohio St.3d 1283, 2016-Ohio6967.
2016-1448. Mahoning Cty. Bar Assn. v. Verkhlin,
147 Ohio St.3d 1285, 2016Ohio-7370.
2016-1475. In re Resignation of Stacy, 147 Ohio
St.3d 1288, 2016-Ohio-7533.
2016-1576. In re Resignation of Winters, 147
Ohio St.3d 1291, 2016-Ohio7758.
2016-1690. In re Potts, 147 Ohio St.3d 1294,
2016-Ohio-7812.
MOTION AND PROCEDURAL RULINGS
2016-0680. Hull Organization, L.L.C. v. Clermont
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-888. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 02-13-17
CASE ANNOUNCEMENTS
February 14, 2017
[Cite as 02/14/2017 Case Announcements #3,
2017-Ohio-510.]
MERIT DECISIONS WITH OPINIONS
2016-1701. State ex rel. Ebersole v. City Council
of Powell, Slip Opinion No. 2017-Ohio-509.
In Mandamus. Writ denied.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., concurs separately, with an opinion.
CASE ANNOUNCEMENTS
February 14, 2017
[Cite as 02/14/2017 Case Announcements, 2017-
Ohio-507.]
DISCIPLINARY CASES
2015-2007. Cleveland Metro. Bar Assn. v. Azman.
On application for reinstatement. Brandon Louis
Azman, Attorney Registration No. 0087246, is
hereby reinstated to the practice of law.
MISCELLANEOUS DISMISSALS
2016-0302. State ex rel. Bennett v. Aldi, Inc.
Franklin App. No. 14AP-632, 2016-Ohio-83. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of the application for
dismissal of its appeal filed by the Industrial
Commission of Ohio, it is ordered by the court that
the application for dismissal is granted.
Accordingly, this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2017-0140. Fed. Natl. Mtge. Assn. v. Jervis.
Licking App. No. 16-CA-73. This cause is pending
before the court as a jurisdictional appeal. The
records of this court indicate that appellant has
not filed a memorandum in support of jurisdiction,
due February 10, 2017, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
CASE ANNOUNCEMENTS
February 14, 2017
[Cite as 02/14/2017 Case Announcements #2,
2017-Ohio-508.]
MOTION AND PROCEDURAL RULINGS
2016-0317. State v. Anderson.
Montgomery App. No. 26525, 2016-Ohio-135.
This cause is pending before the court as an
appeal from the Court of Appeals for Montgomery
County.
Upon consideration of appellant’s motion to stay
Supreme Court proceedings, cancel oral
argument, and remand for application of State v.
Aalim, and amicus curiae Franklin County
Prosecutor Ron O’Brien’s motion for leave to file
memorandum in support of the state of Ohio’s
opposition to motion for stay, it is ordered by the
court that the motions are denied.
O’Donnell, J., dissents and would cancel oral
argument in the cause.
French, J., dissents and would grant appellant’s
motion and amicus curiae’s motion.
O’Neill, J., dissents and would grant appellant’s
motion.
CASE ANNOUNCEMENTS
February 10, 2017
[Cite as 02/10/2017 Case Announcements, 2017-
Ohio-473.]
MOTION AND PROCEDURAL RULINGS
2015-2111. Dulay v. Testa.
Board of Tax Appeals, No. 2014-2074. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant/cross-appellee’s
motion to supplement the record, it is ordered by
the court that the motion is granted. The Board of
Tax Appeals shall supplement the record in this
case, within 14 days of the date of this entry, with
appellant’s witness and exhibit list docketed on
December 8, 2014, the hearing subpoena issued
to Judy Ransom, docketed on April 2, 2015, and
the deposition subpoena issued to Judy Ransom,
docketed December 19, 2014, as
Subponea4.PDF.
DISCIPLINARY CASES
2016-0370. Disciplinary Counsel v. Leneghan.
It is ordered by this court, sua sponte, that Patrick
Peter Leneghan, Attorney Registration No.
0041931, last known business address in
Brooklyn Heights, Ohio, is found in contempt for
failure to comply with this court’s order of
December 2, 2016, to wit, failure to surrender his
attorney-registration card and failure to file an
affidavit of compliance on or before January 3,
2017.
2016-1569. Disciplinary Counsel v. Garber.
It is ordered by this court, sua sponte, that Ronald
David Garber, Attorney Registration No. 0046371,
last known business address in Toledo, Ohio, is
found in contempt for failure to comply with this
court’s order of December 1, 2016, to wit, failure
to file an affidavit of compliance on or before
January 3, 2017.
2016-1654. In re Resignation of Richman.
It is ordered by this court, sua sponte, that Brian
H. Richman, Attorney Registration No. 0013467,
last known business address in Cleveland, Ohio,
is found in contempt for failure to comply with this
court’s order of December 2, 2016, to wit, failure
to surrender his attorney-registration card and
failure to file an affidavit of compliance on or
before January 3, 2017.
2016-1659. In re Resignation of Feighan.
It is ordered by this court, sua sponte, that Joseph
English Feighan III, Attorney Registration No.
0066256, last known business address in
Lakewood, Ohio, is found in contempt for failure
to comply with this court’s order of December 2,
2016, to wit, failure to surrender his attorney-
registration card, failure to surrender his certificate
of admission, and failure to file an affidavit of
compliance on or before January 3, 2017.
2017-0052. Disciplinary Counsel v. Niehaus.
On certification of default. Daniel Allen Niehaus,
Attorney Registration No. 0078682, is hereby
suspended from the practice of law for an interim
period.
MISCELLANEOUS DISMISSALS
2017-0122. State v. Lee.
Richland App. No. 16CA82. This cause is pending
before the court as a jurisdictional appeal. The
records of this court indicate that appellant has
not filed a memorandum in support of jurisdiction,
due January 30, 2017, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
2 02-10-17
CASE ANNOUNCEMENTS
February 8, 2017
[Cite as 02/08/2017 Case Announcements, 2017-
Ohio-452.]
MOTION AND PROCEDURAL RULINGS
2016-1530. Dublin City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
to the Franklin County Board of Revision to
implement a settlement, it is ordered by the court
that the cause is remanded to the Franklin County
Board of Revision to take further action as
appropriate.
It is further ordered that mandates be sent to and
filed with the Board of Tax Appeals and the
Franklin County Board of Revision.
2016-1907. In re Apparent Violation & Intent to
Assess Forfeiture of Wylie.
Public Utilities Commission, No. 15-2029-TR-CVF.
This cause is pending before the court as an
appeal from the Public Utilities Commission of
Ohio.
Upon consideration of appellee’s motion to
suspend briefing schedule, it is ordered by the
court that the motion is granted and the briefing
schedule is stayed pending the court’s resolution
of appellee’s motion to dismiss and appellant’s
motion to transfer appeal.
MISCELLANEOUS DISMISSALS
2016-1881. State ex rel. Moore v. Reinbold.
Cuyahoga App. No. 104903, 2016-Ohio-7787.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
2016-1905. Moore v. Reinbold.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 02-08-17
CASE ANNOUNCEMENTS
February 8, 2017
[Cite as 02/08/2017 Case Announcements, 2017-
Ohio-452.]
MOTION AND PROCEDURAL RULINGS
2016-1530. Dublin City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
to the Franklin County Board of Revision to
implement a settlement, it is ordered by the court
that the cause is remanded to the Franklin County
Board of Revision to take further action as
appropriate.
It is further ordered that mandates be sent to and
filed with the Board of Tax Appeals and the
Franklin County Board of Revision.
2016-1907. In re Apparent Violation & Intent to
Assess Forfeiture of Wylie.
Public Utilities Commission, No. 15-2029-TR-CVF.
This cause is pending before the court as an
appeal from the Public Utilities Commission of
Ohio.
Upon consideration of appellee’s motion to
suspend briefing schedule, it is ordered by the
court that the motion is granted and the briefing
schedule is stayed pending the court’s resolution
of appellee’s motion to dismiss and appellant’s
motion to transfer appeal.
MISCELLANEOUS DISMISSALS
2016-1881. State ex rel. Moore v. Reinbold.
Cuyahoga App. No. 104903, 2016-Ohio-7787.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
2016-1905. Moore v. Reinbold.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 02-08-17
CASE ANNOUNCEMENTS
February 3, 2017
[Cite as 02/03/2017 Case Announcements, 2017-
Ohio-393.]
DISCIPLINARY CASES
2011-1017. Disciplinary Counsel v. Hall.
On January 9, 2017, respondent, Eric Dorman
Hall, filed an application to terminate probation.
Upon consideration thereof, the court finds that
respondent has substantially complied with
Gov.Bar R. V(21)(D), and with its order, dated
September 24, 2015, in which the court reinstated
respondent to the practice of law and placed him
on monitored probation for a period of one year.
On consideration thereof, it is ordered by this
court that the probation of respondent, Eric
Dorman Hall, Attorney Registration No. 0067566,
last known business address in Medina, Ohio, is
terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
2013-1252. Disciplinary Counsel v. Turner.
This cause came on for further consideration
upon the filing of an application for reinstatement
by respondent, Talbert Randall Turner, Attorney
Registration No. 0016670, last known business
address in Monroe, Ohio.
Upon consideration thereof, it is ordered by this
court that the application is denied.
OHIO COURTS CASE ANNOUNCEMENTS
February 2, 2017
[Cite as 02/02/2017 Case Announcements, 2017-
Ohio-376.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-065. In re Disqualification of Sutula, Slip
Opinion No. 2016-Ohio-8599 (decided Aug. 25,
2016).
16-AP-067. In re Disqualification of Fregiato, Slip
Opinion No. 2016-Ohio8600 (decided Aug. 18,
2016).
The chief justice has released the following
judicial-disqualification opinion, which was
previously issued as an entry in response to an
affidavit of disqualification filed pursuant to R.C.
2743.041.
16-AP-080. In re Disqualification of McGrath, Slip
Opinion No. 2016-Ohio8601 (decided Sep. 22,
2016).
MOTION AND PROCEDURAL RULINGS
2015-1892. State v. Rahab.
Hamilton App. No. C-150186. This cause is
pending before the court as an appeal from the
Court of Appeals for Hamilton County.
Upon consideration of the joint motion of appellee
and amicus curiae Ohio Attorney General Michael
DeWine for divided oral-argument time scheduled
for February 9, 2017, it is ordered by the court
that the motion is granted. Amicus curiae shall
share the time allotted to appellee.
2016-0215. State v. Grimes.
Muskingum App. No. CT2015-0026, 2015-Ohio-
3497. This cause is pending before the court as
an appeal from the Court of Appeals for
Muskingum County.
Upon consideration of the joint motion of appellant
and amicus curiae Ohio Attorney General Michael
DeWine for divided oral-argument time scheduled
for February 9, 2017, it is ordered by the court
that the motion is granted. Amicus curiae shall
share the time allotted to appellant.
2016-1717. State ex rel. Griffin v. Myers.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s motion for
mediation, it is ordered by the court that the
motion is denied.
2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C.
Summit App. No. 27759, 2016-Ohio-4828. This
cause is pending before the court as an appeal
from the Court of Appeals for Summit County.
Upon consideration of the joint motion to remand
the appeal of appellant 2007 Gaslight Ohio,
L.L.C., to the Summit County Court of Appeals, it
is ordered by the court that the appeal filed by
2007 Gaslight Ohio, L.L.C., is remanded to
Summit County Court of Appeals to take further
action as appropriate.
The appeal of appellants George and Patricia
Waliga remains pending.
2 02-02-17
Chief Justice O’Connor Announces Support for
Prescription Database Access for Drug Courts
Staff Report | January 31, 2017
Ohio Supreme Court Chief Justice Maureen
O’Connor today applauded Gov. John Kasich’s
proposal to expand access to the state’s
prescription drug monitoring program, known as
the Ohio Automated Rx Reporting System
(OARRS), to include the state’s drug courts. She
urged the General Assembly to move legislation
as quickly as possible.
“At a time when Ohio faces the most significant
drug abuse problem in its history with the opioid
epidemic crippling individuals, families and our
state, it is important that our courts have access
to every tool available to combat this scourge,”
Chief Justice O’Connor said. “I applaud Gov.
Kasich’s initiative and, as I have in the past,
support expanding access to this critical tool.”
Nineteen states allow access to their prescription
drug monitoring programs by judges and
prosecutorial officials.
Chief Justice O’Connor noted that “courts and key
justice partners must be able to understand the
prescription history of individuals under court
supervision so that we can identify, treat, and hold
them accountable to the law based on a fuller
understanding of their drug use.”
Ohio’s drug court judges have access to OARRS
but only through their probation offices. “It is
important that drug court judges have direct
access to the system in order to speed up
response times and enable judges to make direct,
real-time queries of the system,” the Chief Justice
said.
Established in 2006, OARRS collects information
on all outpatient prescriptions for controlled
substances dispensed by Ohio-licensed
pharmacies and those personally furnished by
Ohio prescribers. Addressing possible privacy
concerns about granting drug courts access to
OARRS, the Chief Justice observed: “Judges use
sensitive information to make life-altering
decisions every day in every courtroom across
this state. Drug abuse is often the foundation for a
host of other social and criminal justice problems.
It is not unreasonable that we provide judges with
the tools needed to make better decisions.”
Ninety-six certified drug courts operate throughout
the state. Drug courts connect high-need, high-
risk defendants with the treatment they need.
“Unfortunately, but not surprisingly, drug courts
across Ohio report ever-increasing numbers of
opioid-addicted offenders,” the Chief Justice said.
“But as we confront this problem we should be
clear on one point: what we are seeing across
Ohio, in and out of our courts, is not a problem of
overdose deaths but a problem of self-
administered poisonings.”
“The term ‘overdose’ suggests there are
appropriate doses of heroine, or fentanyl-laced
opioids, or carfentanil. The reality is that the
appropriate dose of any of these substances is
zero,” she said. “Anything over zero is just self-
poisoning with death often being the result. While
we provide courts with new tools we also need to
change our language. Poisoning is the only
appropriate term when it comes to this problem.”
Supreme Court Guide Leads Courts Through
Language Access Issues
By Bret Crow | January 31, 2017
The Ohio Supreme Court today announced the
availability of a model language access plan. The
model plan assists local courts in meeting their
obligations under federal law to ensure access to
justice for litigants with limited English proficiency
and those who are deaf or hard of hearing.
It also encourages local courts to appoint a
language access coordinator to ensure
compliance with foreign language and sign
language interpreter statewide rules as well as
additional federal mandates including Title VI of
the Civil Rights Act and Title II of the Americans
with Disabilities Act.
Other elements of the plan inform courts on when
to provide a court interpreter, the qualifications an
interpreter must meet, the language services that
must be provided outside the courtroom in
ancillary matters, and the complaint process for
individuals who did not receive language
assistance.
The text of statewide rules, including those
governing when interpreting by telephone is
appropriate, are embedded in the back of the plan
as well as several model forms and resources for
further information.
The Supreme Court will update the plan annually.
CASE ANNOUNCEMENTS
January 30, 2017
[Cite as 01/30/2017 Case Announcements, 2017-
Ohio-325.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JANUARY 30,
2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the January 30, 2017
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2014-1582. Olentangy Local Schools Bd. of Edn.
v. Delaware Cty. Bd. of Revision, 147 Ohio St.3d
409, 2016-Ohio-7381.
2015-0532. State ex rel. Perez v. Indus. Comm.,
147 Ohio St.3d 383, 2016Ohio-5084.
2015-0604. State ex rel. Chester Twp. v. Grendell,
147 Ohio St.3d 366, 2016Ohio-1520.
2015-1278. State ex rel. Marmaduke v. Ohio
Police & Fire Pension Fund, 147 Ohio St.3d 390,
2016-Ohio-5550.
2015-1525. State ex rel. Winfree v. McDonald,
147 Ohio St.3d 428, 2016Ohio-8098.
2015-1641. Disciplinary Counsel v. Mahin, 147
Ohio St.3d 1266, 2016-Ohio7717.
2015-1755. State ex rel. Poulton v. Cottrill, 147
Ohio St.3d 402, 2016-Ohio5789.
2015-1974. State ex rel. Steele v. Eppinger, 147
Ohio St.3d 404, 2016-Ohio5790.
2015-2007. Cleveland Metro. Bar Assn. v. Azman,
147 Ohio St.3d 379, 2016Ohio-3393.
2015-2088. State ex rel. Cowan v. Gallagher, 147
Ohio St.3d 416, 2016-Ohio7430.
2016-0032. Trumbull Cty. Bar Assn. v. Bellew, 147
Ohio St.3d 1258, 2016Ohio-6966.
2016-0089. State ex rel. Tucker v. Matia, 147
Ohio St.3d 418, 2016-Ohio-7450.
2016-0214. Disciplinary Counsel v. Whitt, 147
Ohio St.3d 1263, 2016-Ohio7530.
2016-0231. State ex rel. Dynamic Industries, Inc.
v. Cincinnati, 147 Ohio St.3d 422, 2016-Ohio-
7663.
2016-0250. Disciplinary Counsel v. Kendrick, 147
Ohio St.3d 395, 2016-Ohio5600.
2016-0251. Disciplinary Counsel v. Warren, 147
Ohio St.3d 406, 2016-Ohio7333.
2016-0258. Warren Cty. Bar Assn. v. Clifton, 147
Ohio St.3d 399, 2016-Ohio5587.
2016-0370. Disciplinary Counsel v. Leneghan,
147 Ohio St.3d 1270, 2016Ohio-7976.
2016-0464. State ex rel. Ethics First—You Decide
Ohio Political Action Commt. v. DeWine, 147 Ohio
St.3d 373, 2016-Ohio-3144.
2016-0539. Lorain Cty. Bar Assn. v. Smith, 147
Ohio St.3d 419, 2016-Ohio7469.
2 01-30-17
2016-0851. Disciplinary Counsel v. Champion,
147 Ohio St.3d 425, 2016
Ohio-8023.
2016-1082. Disciplinary Counsel v. Bellew, 147
Ohio St.3d 1255, 2016-Ohio5724.
2016-1204. In re Resignation of Wallace, 147
Ohio St.3d 1253, 2016-Ohio
5677.
2016-1333. Disciplinary Counsel v. Brumbaugh,
147 Ohio St.3d 1261, 2016
Ohio-7272.
2016-1500. Columbus Bar Assn. v. Reed, 147
Ohio St.3d 1267, 2016-Ohio7719.
2016-1762. In re Resignation of Coriell, 147 Ohio
St.3d 1272, 2016-Ohio-8160.
2016-1768. In re Resignation of Porter, 147 Ohio
St.3d 1275, 2016-Ohio-8161.
16-AP-022. In re Disqualification of Giulitto, 147
Ohio St.3d 1248, 2016-Ohio7075.
16-AP-027. In re Disqualification of Tyack, 147
Ohio St.3d 1249, 2016-Ohio
7087.
16-AP-032. In re Disqualification of Gaul, 147
Ohio St.3d 1251, 2016-Ohio7033.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-099. In re Disqualification of Swenski, Slip
Opinion No. 2016-Ohio8593 (decided Dec. 22,
2016).
16-AP-105. In re Disqualification of Zmuda, Slip
Opinion No. 2017-Ohio-317 (decided Jan. 9,
2017).
3 01-30-17
16-AP-106. In re Disqualification of Franks, Slip
Opinion No. 2017-Ohio-321 (decided Jan. 3,
2017).
MOTION AND PROCEDURAL RULINGS
2016-1344. Payne v. State.
In Habeas Corpus. This cause came on for further
consideration upon the filing of petitioner’s motion
for leave to enter failure to give notice of
appearance pursuant to S.Ct.Prac.R. 2.01(B). It is
ordered by the court that the motion is denied as
moot.
O’Connor, C.J., not participating.
MISCELLANEOUS DISMISSALS
2016-1054. Laguna Property Assocs., Ltd. v. Ross
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1555. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
4 01-30-17
February Disciplinary Hearings Announced
Staff Report | January 27, 2017
The Ohio Board of Professional Conduct today
announced February disciplinary hearings
involving attorneys and judges charged with
professional misconduct. All hearings take place
before a three-member panel of the board and are
open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
Feb. 3
Columbus Bar Association v. Kinsley Frampton
Nyce
Case No. 2016-007
Respondent’s address: 1601 W. Fifth Ave., Suite
112, Columbus
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., Room 106,
Columbus
Feb. 6
Disciplinary Counsel v. Christopher Ramon Bucio
Case No. 2015-053
Respondent’s address: 10 N. Market St., Troy
Respondent’s counsel: David C. Greer, Dayton
and Charles J. Kettlewell, Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 21 & 22
Disciplinary Counsel v. Brian Allan Maciak
Case No. 2016-035
Respondent’s address: 4300 TBC Way, Palm
Beach Gardens, Florida
Respondent’s counsel: Jonathan E. Coughlan,
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 24
Columbus Bar Association v. Eric Lee LaFayette
Case No. 2015-052
Respondent’s address: 415 E. Broad St., Suite
113, Columbus
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 27
Trumbull County Bar Association v. Joseph
Terrence Dull
Case No. 2016-027
Respondent’s address: 724 Youngstown Warren
Road, Suite 11, Niles
Respondent’s counsel: Thomas J. Wilson,
Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Cincinnati Bar Association v. Ernest Alfred Eynon
II
Case No. 2016-055
Respondent’s address: 1 W. Fourth St., Suite
2100, Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
February Disciplinary Hearings Announced
Staff Report | January 27, 2017
The Ohio Board of Professional Conduct today
announced February disciplinary hearings
involving attorneys and judges charged with
professional misconduct. All hearings take place
before a three-member panel of the board and are
open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
Feb. 3
Columbus Bar Association v. Kinsley Frampton
Nyce
Case No. 2016-007
Respondent’s address: 1601 W. Fifth Ave., Suite
112, Columbus
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., Room 106,
Columbus
Feb. 6
Disciplinary Counsel v. Christopher Ramon Bucio
Case No. 2015-053
Respondent’s address: 10 N. Market St., Troy
Respondent’s counsels: David C. Greer, Dayton
and Charles J. Kettlewell, Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 21 & 22
Disciplinary Counsel v. Brian Allan Maciak
Case No. 2016-035
Respondent’s address: 4300 TBC Way, Palm
Beach Gardens, Florida
Respondent’s counsel: Jonathan E. Coughlan,
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 24
Columbus Bar Association v. Eric Lee LaFayette
Case No. 2015-052
Respondent’s address: 415 E. Broad St., Suite
113, Columbus
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Feb. 27
Trumbull County Bar Association v. Joseph
Terrence Dull
Case No. 2016-027
Respondent’s address: 724 Youngstown Warren
Road, Suite 11, Niles
Respondent’s counsel: Thomas J. Wilson,
Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Cincinnati Bar Association v. Ernest Alfred Eynon
II
Case No. 2016-055
Respondent’s address: 1 W. Fourth St., Suite
2100, Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
CASE ANNOUNCEMENTS
January 25, 2017
[Cite as 01/25/2017 Case Announcements, 2017-
Ohio-261.]
MERIT DECISIONS WITH OPINIONS
2015-1608. Zillow v. Bosel, Slip Opinion No. 2017-
Ohio-260.
In Mandamus. Cause dismissed as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1904. Lorring v. Cleveland.
In Mandamus. On answer of respondent. Sua
sponte, an alternative writ is granted and the
following briefing schedule is set for presentation
of evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05:
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relators shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relators’ brief; and
relators may file a reply brief within 7 days after
the filing of respondent’s brief.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-0936. Field v. Mohr.
In Habeas Corpus. On amended petition for writ
of habeas corpus of Dale P. Field Jr. Sua sponte,
cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1110. Goldshtein v. Mohr.
In Habeas Corpus. On amended petition for writ
of habeas corpus of Feliks Goldshtein. Sua
sponte, cause dismissed. On motion for bail and
motion to expedite. Motions denied as moot.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1344. Payne v. State.
In Habeas Corpus. On amended petition for writ
of habeas corpus of Michael A. Payne. Sua
sponte, cause dismissed. On motion for leave to
amend complaint, motions for leave to file, and
motion for leave to give clerk address and name
of respondent. Motions denied as moot.
O’Donnell, Kennedy, French, O’Neill, Fischer, and
DeWine, JJ., concur.
O’Connor, C.J., not participating.
2016-1378. Schlosser v. Tibbels.
In Habeas Corpus. On petition for writ of habeas
corpus of Matthew Todd Schlosser. Sua sponte,
cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1403. Snowden v. Bracy.
In Habeas Corpus. On petition for writ of habeas
corpus of William Snowden, Jr. Sua sponte, cause
dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1563. State ex rel. West v. Greven.
In Mandamus. On complaint in mandamus of
Jason West. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1566. State ex rel. Barron v. Hamilton Cty.
Clerk of Courts.
In Mandamus. On complaint in mandamus of
Cameron Barron. On response to petition for writ
of mandamus. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill and DeWine, JJ., concur.
Fischer, J., not participating.
2016-1580. State ex rel. Garner v. Eleventh Dist.
Court of Appeals Judges.
In Mandamus and Prohibition. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1609. McCarthy v. State.
In Mandamus and Prohibition. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and Kennedy, French, O’Neill,
Fischer, and DeWine, JJ., concur.
O’Donnell, J., dissents and would grant an
alternative writ.
2016-1682. Green v. State.
In Mandamus and Prohibition. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
O’Neill, Fischer, and DeWine, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1480. State v. Bailey.
Hamilton App. No. C-140129, 2015-Ohio-2997.
On motion to rule in favor of the plaintiff. Motion
denied.
DeWine, J., not participating.
2016-1184. Parrott v. Ohio State Med. Bd.
Franklin App. No. 15-AP-963, 2016-Ohio-4635.
On motion to stay adjudication order. Motion
granted.
2016-1702. State v. Warren.
Cuyahoga App. No. 104018, 2016-Ohio-5933. On
motion for leave to file delayed appeal. Motion
denied.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2016-1720. State v. Broderson.
Cuyahoga App. No. 103724, 2016-Ohio-5839. On
motion for leave to file delayed appeal. Motion
denied.
2016-1729. State v. Taylor.
Lucas App. No. L-15-1151, 2016-Ohio-5862. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-1741. State v. Hardman.
Hamilton App. No. C-150549. On motion for leave
to file delayed appeal. Motion
granted.
O’Donnell, J., dissents.
Fischer and DeWine, JJ., not participating.
2016-1859. Bank of New York Mellon v. Broyles.
Mahoning App. No. 16 MA 0093. On motion for
stay of execution. Motion denied.
2016-1876. Premier Therapy, L.L.C. v. Childs.
Columbiana App. Nos. 2014 CO 0048 and 2015
CO 0028, 2016-Ohio-7934. On motion for stay of
execution. Motion granted and bond posted with
Columbiana County Clerk of Courts continued.
O’Connor, C.J., and Fischer, J., dissent.
APPEALS ACCEPTED FOR REVIEW
2016-1116. Lightning Rod Mut. Ins. Co. v.
Southworth.
Scioto App. No. 15CA3704, 2016-Ohio-3473.
O’Connor, C.J., and Kennedy and DeWine, JJ.,
dissent.
2016-1122. Reid v. Cleveland Police Dept.
Cuyahoga App. No. 103781, 2016-Ohio-3466.
French, O’Neill, and DeWine, JJ., dissent.
2016-1195. In re D.H.
Montgomery App. No. 27074, 2016-Ohio-5265.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2016-1197, In re: D.H.,
and that the briefing in 2016-1195 and 2016-1197
shall be consolidated.
O’Donnell, Kennedy, and DeWine, JJ., dissent.
2016-1197. In re D.H.
Montgomery App. No. 27075.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2016-1195, In re: D.H.,
and that the briefing in 2016-1195 and 2016-1197
shall be consolidated.
O’Donnell, Kennedy, and DeWine, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2015-1917. State v. McKelton.
Butler App. No. CA2015-02-028, 2015-Ohio-4228.
French, J., dissents and would accept the cause
on Proposition of Law No.
III. O’Neill, J., dissents.
2016-0781. State v. Hamlin.
Summit App. No. 27650, 2016-Ohio-1196.
2016-0946. State v. McKelton.
Butler App. No. CA2015-10-183, 2016-Ohio-3216.
2016-0978. State v. Beckwith.
Cuyahoga App. No. 102544, 2016-Ohio-3267.
2016-1101. State v. Costell.
Union App. No. 14-15-11, 2016-Ohio-3386.
2016-1108. State v. Harris.
Franklin App. No. 15AP-683, 2016-Ohio-3424.
2016-1117. Prime Equip. Group, Inc. v. Schmidt.
Franklin App. No. 15AP-584, 2016-Ohio-3472.
2016-1124. State v. Pompey.
Hamilton App. No. C-150479, 2016-Ohio-4610.
Fischer and DeWine, JJ., not participating.
2016-1128. Canton v. Burns.
Stark App. Nos. 2015CA00163 and
2015CA00164, 2016-Ohio-4885.
2016-1129. Shuster v. Jenkins.
Ross App. No. 15CA3516, 2016-Ohio-4676.
2016-1130. Hixon v. Gipson.
Hamilton App. No. C-150767 and C-150768.
Fischer and DeWine, JJ., not participating.
2016-1139. State v. Neal.
Franklin App. No. 15AP-771, 2016-Ohio-1406.
French and O’Neill, JJ., dissent.
2016-1140. State v. L.B.S.
Franklin App. No. 14AP-994, 2016-Ohio-3527.
2016-1142. RHDK Oil & Gas, L.L.C. v. Dye.
Harrison App. No. 14 HA 0019, 2016-Ohio-4654.
2016-1146. State v. Perry.
Montgomery App. No. 26874, 2016-Ohio-4582.
2016-1152. Carter v. Gerbec.
Summit App. No. 27712, 2016-Ohio-4666. O’Neill,
J., dissents.
2016-1154. State v. Neil.
Franklin App. Nos. 14AP-981 and 15AP-594,
2016-Ohio-4762.
2016-1155. State v. Johnston.
Franklin App. No. 15AP-512, 2016-Ohio-4553.
2016-1163. State v. Kaiser.
Greene App. No. 2015-CA-47, 2016-Ohio-4890.
2016-1166. Kinder Morgan Cochin, L.L.C. v.
Simonson.
Ashland App. No. 15 COA 044, 2016-Ohio-4647.
O’Connor, C.J., dissents and would accept the
cause on Proposition of Law No. I.
Kennedy, J., dissents.
2016-1167. Lehigh Gas-Ohio, L.L.C. v. Cincy Oil
Queen City, L.L.C.
Hamilton App. No. C-150572, 2016-Ohio-4611.
Fischer and DeWine, JJ., not participating.
2016-1169. State v. Burns.
Licking App. No. 15-CA-98, 2016-Ohio-4833.
2016-1175. Cleveland v. Merritt.
Cuyahoga App. No. 103275, 2016-Ohio-4693.
O’Donnell and French, JJ., dissent.
2016-1179. State v. Kotomski.
Ashtabula App. No. 2015-A-0047, 2016-Ohio-
4731.
2016-1200. Holland v. Gas Ents., Co.
Washington App. No. 15CA42, 2016-Ohio-4792.
O’Connor, C.J., dissents and would accept the
appeal on Proposition of Law Nos. II and IV and
hold the cause for the decision in 2016-0623,
Schultheiss v. Heinrich Ents., Inc.
Kennedy, J., dissents.
2016-1211. Grenga v. Vantell.
Mahoning App. No. 14 MA 0011, 2016-Ohio-4804.
2016-1218. In re M.B.
Ashland App. No. 15-COA-028, 2016-Ohio-4780.
O’Connor, C.J., and O’Neill, J., dissent.
2016-1219. In re C.B.
Ashland App. No. 15-COA-027, 2016-Ohio-4779.
O’Connor, C.J., and O’Neill, J., dissent and would
accept the appeal and hold the cause for decision
in 2016-1218, In re M.B.
2016-1234. Williams v. Matthews.
Cuyahoga App. No. 103501, 2016-Ohio-3461.
2016-1238. State v. Kalman.
Ashland App. No. 15 COA 041, 2016-Ohio-5013.
2016-1244. State v. Williams.
Summit App. No. 27963, 2016-Ohio-4943.
O’Connor, C.J., not participating.
2016-1251. State v. Webb.
Montgomery App. No. 26847, 2016-Ohio-4896.
2016-1259. State v. Tayse.
Summit App. No. 23978. Fischer, J., dissents.
2016-1260. State v. Keith.
Cuyahoga App. Nos. 102981, 103006, and
103009, 2016-Ohio-3056.
2016-1271. State v. Stephens.
Summit App. No. 27957, 2016-Ohio-4942.
2016-1274. State v. Coley-Carr.
Cuyahoga App. No. 104643.
2016-1275. State v. McDougald.
Scioto App. No. 16CA3736, 2016-Ohio-5080.
2016-1280. State v. Reaves.
Stark App. No. 2016CA00126.
2016-1283. State v. Ouyang.
Athens App. No. 15CA35, 2016-Ohio-5103.
2016-1286. Karnofel v. Nye.
Trumbull App. No. 2015-T-0126, 2016-Ohio-3406.
2016-1289. State v. Biggs.
Stark App. Nos. 2016CA00024 and
2016CA00025, 2016-Ohio-5305.
2016-1298. State v. Mitchell.
Muskingum App. No. CT2015-0055, 2016-Ohio-
5149.
2016-1301. Calo v. Eppinger.
Lorain App. No. 15CA010854, 2016-Ohio-4681.
Motion to dismiss denied as moot.
French, J., dissents, and would accept the cause
and grant the motion to dismiss.
2016-1313. State v. Washington.
Cuyahoga App. No. 103875, 2016-Ohio-5329.
2016-1314. State v. Hilliard.
Cuyahoga App. No. 102214, 2016-Ohio-2828.
2016-1321. State v. Siddle.
Muskingum App. No. CT 2016-0029.
2016-1323. State v. Smith.
Gallia App. No. 15CA2, 2016-Ohio-5374.
2016-1327. State v. Davic.
Franklin App. No. 15AP-1000, 2016-Ohio-4883.
2016-1346. State v. Gopp.
Wayne App. No. 15AP0046, 2016-Ohio-5088.
2016-1355. State v. Swogger.
Stark App. No. 2016CA00145.
2016-1367. State v. Black.
Richland App. No. 16 CA 4, 2016-Ohio-5612.
2016-1371. State v. Ridder.
Hamilton App. No. C-150460, 2016-Ohio-5195.
Fischer and DeWine, JJ., not participating.
2016-1424. State v. Rock.
Lake App. No. 2015-L-047, 2015-Ohio-4639.
2016-1431. State v. Fields.
Muskingum App. No. CT2015-0031, 2016-Ohio-
1217.
2016-1432. State v. Gibson.
Stark App. No. 2016CA00070, 2016-Ohio-6983.
2016-1456. State v. Morris.
Hamilton App. No. C-150421, 2016-Ohio-5490.
Fischer and DeWine, JJ., not participating.
2016-1628. State v. Davis.
Lucas App. No. L-14-1274, 2015-Ohio-5159.
2016-1678. State v. Clark.
Hamilton App. No. C-150318, 2016-Ohio-948.
DeWine, J., not participating.
2016-1688. State v. Perry.
Richland App. Nos. 13CA56, 14CA27, and
14CA28, 2015-Ohio-779.
2016-1700. State v. Wilson.
Holmes App. No. 15CA15, 2015-Ohio-5588.
2016-1747. In re K.T.
Lorain App. No. 16CA010956, 2016-Ohio-7366.
2016-1828. In re Adoption of K.N.S. Medina App.
No. 16CA0035-M, 2016-Ohio-7427. Kennedy,
O’Neill, and DeWine, JJ., dissent.
RECONSIDERATION OF PRIOR DECISIONS
2016-1359. State ex rel. Thomas v. Kelly.
In Mandamus. Reported at 147 Ohio St.3d 1444,
2016-Ohio-7854, 63 N.E.3d 1213. On motion for
reconsideration. Motion denied. On motion for
objection/complaint. Motion denied as moot.
2016-1412. State ex rel. Davie v. Calabrese.
Cuyahoga App. No. 104205, 2016-Ohio-5420.
Reported at 147 Ohio St.3d 1452, 2016-Ohio-
8021, 64 N.E.3d 997. On motion for
reconsideration. Motion denied. French and
O’Neill, JJ., dissent.
CASE ANNOUNCEMENTS
January 24, 2017
[Cite as 01/24/2017 Case Announcements, 2017-
Ohio-257.]
DISCIPLINARY CASES
2014-0136. Lorain Cty. Bar Assn. v. Johnson.
This cause is pending before the court upon the
filing of a report and recommendation by the
Board of Professional Conduct.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2014-1403, Trumbull
Cty. Bar Assn. v. Johnson.
2014-1403. Trumbull Cty. Bar Assn. v. Johnson.
This cause is pending before the court upon the
filing of a report and recommendation by the
Board of Professional Conduct.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2014-0136, Lorain Cty.
Bar Assn. v. Johnson.
2016-1868. Trumbull Cty. Bar Assn. v. Bellew.
On certification of default. Timothy Eric Bellew,
Attorney Registration No. 0067573, is hereby
suspended from the practice of law for an interim
period.
CASE ANNOUNCEMENTS
January 23, 2017
[Cite as 01/23/2017 Case Announcements, 2017-
Ohio-228.]
MOTION AND PROCEDURAL RULINGS
2016-1760. Fazio v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2016-678. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
DISCIPLINARY CASES
2017-0092. In re Pioch.
On certified entry of felony conviction. Susan
Marie Pioch, Attorney Registration
No. 0012533, is hereby suspended from the
practice of law for an interim period.
MISCELLANEOUS DISMISSALS
2015-2021. Columbus City School Dist. Bd. of
Edn. v. Testa.
Board of Tax Appeals, No. 2014-4914. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2016-1368. State v. Haddox.
Erie App. No. E-15-017, 2016-Ohio-3368. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 01-23-17
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 19, 2017
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
CATHY WRAE SPENCER, 49, 1417 Arnold
Avenue NW, Canton – Assault
MELISSA FOX, 37, 189 W. Cambridge Street,
Alliance – Receiving Stolen Property; Theft 3 Cts.
CLIFTON JOHN SMITH, 20, 3403 30th Street NE,
Canton – Participating in a Criminal Gang; Having
Weapons While Under Disability; Carrying
Concealed Weapons; Possession of Cocaine
WILLIAM E. JENKINS, 49, 823 W. Maple Street,
North Canton – Breaking and Entering
ANTHONY MONTRAIL BOOKER, 36, 3711 4th
Street NW, Canton – Possession of Drugs;
Operating a Motor Vehicle Under the Influence of
Alcohol, a Drug of Abuse, or a Combination of
Them
WILBERT RAY GREATHOUSE, 27, 1815
Sandwith Avenue SW, Canton – Burglary
JULIE ANN WITHROW, 31, 1040 Nantucket
Circle, Apt. B, Alliance – Trafficking in Drugs
DEJOUR LEJON KELLY, 24, 2218 24th Street
NE, Canton – Participating in a Criminal Gang;
Possession of Cocaine
RANDY RASHAUD POLITE, 29, 926 Tuscarawas
Street West, Canton – Trafficking in Cocaine;
Possession of Cocaine; Trafficking in Heroin;
Possession of Heroin
KEVIN T. DOHERTY, 25, 10168 Hunting Hills
Avenue, Hartville – Carrying Concealed Weapons;
Using Weapons While Intoxicated; Operating a
Vehicle Under the Influence of Alcohol, a Drug of
Abuse, or a Combination of Them
JESSICA RYAN DUNSMORE, 34, 284 W. Market
Street, Alliance – Theft from an Elderly Person or
Disabled Adult
KENNETH KNITTLE, 30, 2219 Penn Place NE,
Canton – Domestic Violence
JOSHUA ALLEN WILLIAMS, 26, 1311 3rd Street
NE, Canton – Assault
RAYNALDO RAMON MORALES-BAILEY, 27,
1226 Shriver Avenue NE, Canton – Domestic
Violence; Intimidation of an Attorney, Victim, or
Witness in a Criminal Case
JEANNE DENICE DIGIULIO, 41, 120 Wildon
Avenue, Rear, Steubenville – Notice of
Change of Address; Registration of New Address
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
TYVION DASHAWN HALL, 18, No Permanent
Address – Having Weapons While Under
Disability; Trafficking in Controlled Substance;
Possession of Cocaine
CLIFTON JOHN SMITH, 21, 3403 30th Street NE,
Canton – Having Weapons While Under Disability;
Trafficking in Controlled Substance; Possession of
Cocaine
JAMAL PARKER, 30, 1624 Henry Avenue SW,
Canton -Rape
CASE ANNOUNCEMENTS
January 20, 2017
[Cite as 01/20/2017 Case Announcements, 2017-
Ohio-207.]
DISCIPLINARY CASES
2016-0259. Disciplinary Counsel v. Simmonds.
This cause is pending before the court upon the
filing of a notice of violation and motion to lift stay
by relator, disciplinary counsel.
Upon consideration thereof, it is ordered by this
court that respondent, Rasheed Asani Simmonds,
show cause by filing a written response with the
clerk of this court on or before ten days from the
date of this order why respondent should not be
held in contempt, the stay of his suspension
should not be revoked, and he should not be
suspended for failure to comply with this court’s
order of September 1, 2016.
CASE ANNOUNCEMENTS
January 19, 2017
[Cite as 01/19/2017 Case Announcements
#2, 2017-Ohio-208.]
MOTION AND PROCEDURAL RULINGS
2017-0079. State ex rel. Delaware Joint
Vocational School Dist. Bd. of Edn. v.
Testa.
In Mandamus. This cause originated in
this court on the filing of a complaint
for a writ of mandamus.
Upon consideration of relator’s
unopposed motion for expedited
consideration, it is ordered by the
court that the motion is granted.
It is further ordered by the court that
an alternative writ is granted and the
following briefing schedule is set for
presentation of evidence and filing of
briefs pursuant to S.Ct.Prac.R. 12.05.
Relator shall file its merit brief and
evidence within seven days of the date
of this entry; respondent shall file his
merit brief and evidence within
seven days after the filing of relator’s
brief; and relator may file a reply
brief within five days after the filing
of respondent’s brief.
It is further ordered that the
requirement for respondent to file a
response to the complaint pursuant to
S.Ct.Prac.R. 12.04(A) is waived.
Students Head to Court, Tackle Timely
Issue in Mock Trial Competition
Staff Report | January 19, 2017
More than 3,000 high school students
will enter courtrooms across the state
on Friday to take part in the Ohio
Center for
Law-Related Education’s (OCLRE) 34th
Annual Ohio Mock Trial Competition.
In this year’s fictitious case, Pat
Justice v. CAT News et al., students
will consider the defamation of a public
official by a news
station. Gov. Pat Justice speaks at a
school assembly. Afterward, he meets
with the school principal and an
argument ensues. Gov.
Justice leaves abruptly, and the
principal is found dead from a brain
aneurysm. A student who overheard the
argument reports to a
local news outlet that Gov. Justice
killed the principal. While the
student’s account is quickly disproven,
the story goes viral. The
governor loses a bid for re-election and
files civil suit against the news
station, alleging defamation.
Each Ohio Mock Trial team consists of
five to 11 students who assume the roles
of witnesses and attorneys to present
both sides
of an original case based on a
constitutional issue. Each team will
compete in two trials against opposing
teams.
Twenty-seven counties will host district
competitions. More than 1,000 legal
professionals will serve as volunteer
judges,
competition coordinators, and team
advisors. Mock Trial is Ohio’s largest
high school academic competition and
among the
largest mock trial programs in the nation.
Teams that advance from the districts
will compete in the regionals on Feb.
10. Regional winners will compete in the
state
competition on March 9-11 in Columbus.
The 2017 State Champion will represent
Ohio at the National High School Mock Trial
Championship in Hartford, Connecticut,
on May 11-13.
CASE ANNOUNCEMENTS
January 19, 2017
[Cite as 01/19/2017 Case Announcements,
2017-Ohio-175.]
MOTION AND PROCEDURAL RULINGS
2017-0021. State v. Goff.
Clinton App. No. CA2015-08-017,
2016-Ohio-7834. This cause is pending
before the court as a death-penalty
appeal from the Court of Appeals for
Clinton County.
Upon consideration of appellant’s motion
for stay of execution, it is ordered by
the court that the motion is denied
because no execution date is currently
set for appellant. No execution date
shall be set while this appeal remains
pending.
DISCIPLINARY CASES
2014-0200. Mahoning Cty. Bar Assn. v.
Helbley.
On petition for reinstatement. Charles
Helbley Jr., Attorney Registration No.
0041660, is hereby reinstated to the
practice of law.
O’Donnell, J., dissents.
2016-1789. In re Resignation of Simonette.
On application for resignation of David
Gregory Simonette, Attorney Registration
No. 0079707, and on report filed under
seal by disciplinary counsel.
Resignation accepted with disciplinary
action pending.
Fischer, J., dissents.
2016-1871. In re Resignation of Boston.
On application for resignation of
Shannon C. Boston, Attorney Registration
No. 0068515, and on report filed under
seal by disciplinary counsel.
Resignation accepted with disciplinary
action pending.
2017-0020. Lorain Cty. Bar Assn. v. Wilsey.
On motion for immediate interim remedial
suspension. Heather B. Wilsey, Attorney
Registration No. 0092809, is suspended
from the practice of law for an interim
period.
MISCELLANEOUS DISMISSALS
2015-1933. State ex rel. Black v. CVS
Pharmacy, Inc.
Franklin App. No. 15AP-120,
2015-Ohio-4868. This cause is pending
before the court as an appeal from the
Court of Appeals for Franklin County.
Upon consideration of appellant’s
application for dismissal, it is ordered
by the court that the application for
dismissal is granted. Accordingly, this
cause is dismissed.
It is further ordered that a mandate be
sent to and filed with the clerk of the
Court of Appeals for Franklin County.
MEDIATION MATTERS
The following cases have been referred
to mediation pursuant to S.Ct.Prac.R.
19.01(A).
2016-1649. State ex rel. Kindred
Healthcare Operating, Inc. v. Indus. Comm.
Franklin App. No. 15AP-1106, 2016-Ohio-7128.
2016-1818. Rothstein v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-2253.
2016-1874. State ex rel. Bergen v.
Northgate Masonry, Inc.
Franklin App. No. 15AP-923, 2016-Ohio-7705.
2016-1906. State ex rel. Sanders v.
Indus. Comm.
Franklin App. No. 15AP-496, 2016-Ohio-7704.
2017-0003. Worthington City Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-414.
2 01-19-17
2017-0007. Columbus City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2016-164 and
2016-175.
2017-0009. South-Western City Schools
Bd. of Edn. v. Franklin Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2016-163 and
2016-176.
The following case has been returned to
the regular docket under S.Ct.Prac.R.
19.01. Respondent shall file a response
to the complaint within 21 days of the
date of this entry.
2016-1776. State ex rel. Hogan Lovells
U.S., L.L.P. v. Ohio Dept. of Rehab. & Corr.
In Mandamus.
The following case has been returned to
the regular docket pursuant to
S.Ct.Prac.R. 19.01(E). The appellant
shall file a brief within 40 days of the
date of this entry, and the parties
shall otherwise proceed in accordance
with S.Ct.Prac.R.
16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may
dismiss this case or take other action
if the parties fail to timely file merit
briefs.
2016-1839. State ex rel. Belle Tire
Distribs. v. Indus. Comm.
Franklin App. No. 16AP-92, 2016-Ohio-7869.
3 01-19-17
CASE ANNOUNCEMENTS
January 18, 2017
[Cite as 01/18/2017 Case Announcements,
2017-Ohio-143.]
MOTION AND PROCEDURAL RULINGS
2016-1701. State ex rel. Ebersole v.
Powell City Council.
In Mandamus. This cause originated in
this court on the filing of
a complaint for a writ of mandamus.
Upon consideration of respondent’s
motion to dismiss, it is
ordered by the court that the motion to
dismiss is denied.
It is further ordered that the motion to
intervene as party
respondents of LS Powell 2470, L.L.C.,
and Len Pivar Builder,
Inc., d.b.a. Arlington Homes, is granted.
It is further ordered by the court, sua
sponte, that an alternative
writ is granted and the following
briefing schedule is set for
presentation of evidence and filing of
briefs pursuant to
S.Ct.Prac.R. 12.05.
Relator shall file his merit brief and
evidence within seven days
of the date of this entry; respondent
and intervening
respondents shall file their merit
briefs and evidence within
seven days after the filing of relator’s
brief; and relator may file a
reply brief within five days after the
filing of respondent’s or
intervening respondents’ merit brief,
whichever is later.
It is further ordered that no
stipulations or requests for
extension of time shall be permitted in
this case and the clerk of
court shall refuse to file any
stipulations or requests for
extension of time.
O’Connor, C.J., and O’Donnell, Kennedy,
French, O’Neill,
Fischer, and DeWine, JJ., concur.
2016-1835. Perry v. Allstate Indemnity Co.
Certified Question of State Law, United
States District Court,
Northern District of Ohio, Eastern
Division, No.
1:16-cv-01522-CAB. This cause is here on
the certification of a
state-law question from the United
States District Court for the
Northern District of Ohio, Eastern Division.
Upon consideration of the motions for
admission pro hac vice of
Leah R. Bruno, Mark L. Hanover, and
Kristine M. Schanbacher,
it is ordered by the court that the
motions are granted. Pursuant
to Gov.Bar R. XII(4), counsel shall file
a notice of permission to
appear pro hac vice with the Supreme
Court’s Office of Attorney
Services within 30 days of the date of
this entry.
2016-1842. In re S.J.
Shelby App. Nos. 17-16-16 and 17-16-17,
2016-Ohio-7540. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion
to strike notice of
appeal, notice of entry of appointment
of counsel, and
memorandum in support of jurisdiction,
it is ordered by the court
that the motion is denied.
2 01-18-17
CASE ANNOUNCEMENTS
January 13, 2017
[Cite as 01/13/2017 Case Announcements, 2017-
Ohio-115.]
MOTION AND PROCEDURAL RULINGS
2016-1713. Beavercreek Towne Station, L.L.C. v.
Greene Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. This cause is pending
before the court as an appeal from the Board of
Tax Appeals.
It is ordered by the court, sua sponte, that the
memo opposing the motion to dismiss filed by the
Board of Education of the Beavercreek City
School District is stricken as prohibited for filing
while the case is in mediation under S.Ct.Prac.R.
19.01(A).
2016-1755. State ex rel. Evans v. McGrath.
Franklin App. No. 16AP-458, 2016-Ohio-8348.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s motion to
supplement the record, it is ordered by the court
that the motion is denied.
2016-1783. State v. Bates.
Hamilton C.P. No. B1501811. This cause is
pending before the court as a death-penalty
appeal from the Court of Common Pleas of
Hamilton County.
Upon consideration of appellant’s motion for stay
of execution set for April 17, 2017, it is ordered by
the court that the motion is granted and no
execution date shall be set while this appeal
remains pending.
DISCIPLINARY CASES
2015-2008. Cincinnati Bar Assn. v. Glaser.
This matter came on for further consideration
upon the filing by respondent of a “motion to
terminate stayed suspension.”
Upon consideration thereof, it is ordered by the
court that the motion is denied as moot. The court
did not place respondent on a monitored
probationary period pursuant to Gov.Bar R. V(21).
MISCELLANEOUS DISMISSALS
2016-1787. State ex rel. Curtis v. Zuk.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 01-13-17
CASE ANNOUNCEMENTS
January 12, 2017
[Cite as 01/12/2017 Case Announcements, 2017-
Ohio-82.]
DISCIPLINARY CASES
2016-0206. Disciplinary Counsel v. Rutherford.
It is ordered by this court, sua sponte, that Guy
Darius Rutherford, Attorney Registration No.
0066032, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of October 31, 2016,
to wit: failure to file an affidavit of compliance on
or before November 30, 2016.
2016-0214. Disciplinary Counsel v. Whitt.
It is ordered by this court, sua sponte, that Angela
Marie Whitt, Attorney Registration No. 0081658,
last known business address in Grove City, Ohio,
is found in contempt for failure to comply with this
court’s order of October 31, 2016, to wit: failure to
file an affidavit of compliance on or before
November 30, 2016.
MISCELLANEOUS DISMISSALS
2016-1449. State ex rel. Jochum v. Lake Cty.
Court of Common Pleas.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
OHIO COURTS RELEASE
CASE ANNOUNCEMENTS
January 11, 2017
[Cite as 01/11/2017 Case Announcements, 2017-
Ohio-68.]
MOTION AND PROCEDURAL RULINGS
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. This cause
is pending before the court as an appeal from the
Court of Common Pleas of Cuyahoga County.
Upon consideration of appellant’s motion for
extension of time to transmit the record, it is
ordered by the court that the motion is denied as
moot.
DISCIPLINARY CASES
2016-1361. In re Resignation of Hanni.
It is ordered by this court, sua sponte, that Heidi
A. Hanni, Attorney Registration No. 0074801, last
known business address in Poland, Ohio, is found
in contempt for failure to comply with this court’s
order of October 20, 2016, to wit: failure to
surrender her attorney-registration card, failure to
surrender her certificate of admission, and failure
to file an affidavit of compliance on or before
November 21, 2016.
2016-1397. In re Resignation of Summers.
It is ordered by this court, sua sponte, that William
Lawrence Summers, Attorney Registration No.
0013007, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of October 20, 2016,
to wit: failure to surrender his certificate of
admission and failure to file an affidavit of
compliance on or before November 21, 2016.
2016-1846. Disciplinary Counsel v. Edmondson.
On certified order of the Supreme Court of
Kentucky, No. 2016-SC-000216-KB. Christina
Rose Edmondson, Attorney Registration No.
0080214, is hereby suspended from the practice
of law in Ohio for a period of 180 days.
MISCELLANEOUS DISMISSALS
2016-1636. Fannie Mae v. Hicks.
Cuyahoga App. No. 103804, 2016-Ohio-7483.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 01-11-17
CASE ANNOUNCEMENTS
January 10, 2017
[Cite as 01/10/2017 Case Announcements, 2017-
Ohio-58.]
MOTION AND PROCEDURAL RULINGS
2016-0907. In re D.S.
Franklin App. No. 15AP-487, 2016-Ohio-2810.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Riya S. Shah, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2016-1011. Kerns v. Simmers.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of the motion for admission
pro hac vice of Bruce M. Kramer, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
Western Reserve Lady Devils traveled to
McDonald to play the other lady blue devils. The
score was 53 - 33 . Western Reserve's next
game will be @ Lowellville.
WR - 9 20 28 33
McD - 12 27 44 53
WR Leading Scorers:
Alexis Hughes 11
McDonald Leading Scorers:
Perry 17
WR Leading Rebounder:
Erica Dezee 6
WR Leading Steals:
Alexia Hughes 2
WR Leading Assists:
Erica Dezee 2
Western Reserve Junior Varsity also played the
McDonald girls basketball team. The score was
38 - 18.
WR JV - 8 18 26 38
McD JV - 1 3 9 18
WR JV leading scorers:
Morgan Donithan 9
Emma Heater 8
McDonald JV Leading Scorers:
Worford 8
Katie Donkers 6
CASE ANNOUNCEMENTS
January 9, 2017
[Cite as 01/09/2017 Case Announcements #2,
2017-Ohio-32.]
DISCIPLINARY CASES
2017-0020. Lorain Cty. Bar Assn. v. Wilsey.
On January 5, 2017, relator filed a motion for
immediate interim remedial suspension pursuant
to Gov.Bar R. V(19).
Upon consideration thereof, it is ordered by the
court that respondent shall file a response, if any,
to relator’s motion by 12:00 p.m. on January 10,
2017.
CASE ANNOUNCEMENTS
January 5, 2017
[Cite as 01/05/2017 Case Announcements, 2017-
Ohio-10.]
MOTION AND PROCEDURAL RULINGS
2011-1921. State v. Sowell.
Cuyahoga C.P. No. CR-09-530885. This cause
came on for further consideration upon appellant’s
filing of a motion for stay of execution of death
sentence pending disposition of available state
remedies.
Upon consideration of appellant’s motion for stay
of execution of death sentence pending
disposition of available state remedies, it is
ordered by the court that the motion is granted. It
is further ordered that this stay shall remain in
effect until exhaustion of all state postconviction
proceedings, including any appeals.
2016-1590. State v. Speed.
Cuyahoga App. No. 103953. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellee’s motion to strike
notice of appeal and memorandum in support of
jurisdiction, it is ordered by the court that the
motion is denied.
It is further ordered that appellee may file a
memorandum in response within 30 days from the
date of this entry.
2016-1652. State v. Brown.
Richland App. No. 16CA15, 2016-Ohio-5893. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Richland County.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender’s Office is appointed to represent
appellant.
2016-1881. State ex rel. Moore v. Reinbold.
Cuyahoga App. No. 104903, 2016-Ohio-7787.
This cause was filed as a jurisdictional appeal.
Upon consideration of appellant’s memorandum
in support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Cuyahoga County and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
2016-1894. McCain v. Huffman.
Montgomery App. No. CA-27142. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Montgomery County and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
2016-1909. State v. New.
Lorain App. No. 15CA010754, 2016-Ohio-7730.
This cause is pending before the court as a
jurisdictional appeal.
Upon review of the notice of appeal and
memorandum in support of jurisdiction filed
through the E-Filing portal in this case, it is
evident that the margins of the documents have
caused the document to be incomplete.
Therefore, it is ordered by the court that appellant
shall file an amended notice of appeal and
memorandum in support of jurisdiction that is
complete and fully complies with the mechanical
requirements of S.Ct.Prac.R. 3.08, within five
days of the date of this entry.
It is further ordered that the time for appellee to
file a memorandum in response shall begin to run
upon the filing of appellant’s amended
memorandum in support of jurisdiction.
2 01-05-17
DISCIPLINARY CASES
2013-0924. Disciplinary Counsel v. Marshall.
This cause came on for further consideration
upon the filing of an application for reinstatement
by respondent, Joy Lenore Marshall, Attorney
Registration No. 0073585, last known business
address in Columbus, Ohio.
Upon consideration thereof, it is ordered by this
court that the application is denied.
3 01-05-17
CASE ANNOUNCEMENTS
January 4, 2017
[Cite as 01/04/2017 Case Announcements, 2017-
Ohio-6.]
MOTION AND PROCEDURAL RULINGS
2016-1809. Fish v. Seventh Dist. Court of
Appeals.
Miscellaneous case. This cause originated in this
court on the filing of a petition to set aside
judgment.
It is ordered by the court, sua sponte, that
attorney James P. Ginzkey shall file a motion for
admission pro hac vice within 14 days of the date
of this entry. Failure to file a motion for pro hac
vice admission shall result in all documents filed
by James P. Ginzkey being stricken.
CASE ANNOUNCEMENTS
January 3, 2017
[Cite as 1/03/2017 Case Announcements, 2017-
Ohio-3.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JANUARY 2, 2017
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the January 2, 2017 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2012-2070. Disciplinary Counsel v. O’Malley, 147
Ohio St.3d 1228, 2016Ohio-7387.
2015-0132. Link v. FirstEnergy Corp., 147 Ohio
St.3d 285, 2016-Ohio-5083.
2015-0494. Cox v. Dayton Pub. Schools Bd. of
Edn., 147 Ohio St.3d 298, 2016Ohio-5505.
2015-1640. Disciplinary Counsel v. Lawrence, 147
Ohio St.3d 1227, 2016Ohio-7238.
2016-1098. Disciplinary Counsel v. Chuparkoff,
147 Ohio St.3d 1222, 2016Ohio-5428.
2016-1177. In re Resignation of Johnson, 147
Ohio St.3d 1224, 2016-Ohio5676.
2016-1361. In re Resignation of Hanni, 147 Ohio
St.3d 1229, 2016-Ohio-7385.
2016-1397. In re Resignation of Summers, 147
Ohio St.3d 1232, 2016-Ohio7386.
2 01-03-17
CASE ANNOUNCEMENTS
December 30, 2016
[Cite as 12/30/2016 Case Announcements, 2016-
Ohio-8492.]
MERIT DECISIONS WITH OPINIONS
2014-0454. State v. Watkins, Slip Opinion No.
2016-Ohio-8464.
Franklin App. Nos. 13AP-133 and 13AP-134,
2013-Ohio-5544. Judgment
reversed and cause remanded. O’Connor, C.J.,
and Pfeifer, Lanzinger, French, and O’Neill, JJ.,
concur. O’Donnell and Kennedy, JJ., dissent.
2014-0940. State v. Woods, Slip Opinion No.
2016-Ohio-8465.
Cuyahoga App. No. 99630, 2014-Ohio-1722.
Cause dismissed. O’Connor, C.J., and Pfeifer,
Lanzinger, French, and O’Neill, JJ., concur.
O’Donnell, J., dissents for the reasons stated in
his dissent in State v.
Walker, ___ Ohio St.3d ___, 2016-Ohio-8295, ___
N.E.3d ___. Kennedy, J., dissents.
2015-2019. State v. Baird, Slip Opinion No. 2016-
Ohio-8466.
Lake App. No. 2014-L-098, 2015-Ohio-4539.
Cause dismissed. O’Connor, C.J., and Pfeifer,
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
2015-2038. Hardesty v. Alcantara, Slip Opinion
No. 2016-Ohio-8468.
Cuyahoga App. No. 102684, 2015-Ohio-4591.
Cause dismissed. O’Connor, C.J., and Pfeifer,
O’Donnell, French, and O’Neill, JJ., concur.
Lanzinger, J., dissents and would order the cause
to be briefed and argued
for the decision. Kennedy, J., dissents.
2016-0315. State v. Lee, Slip Opinion No. 2016-
Ohio-8469.
Franklin App. No. 14AP-1009, 2016-Ohio-122.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., dissent.
2016-0428. State v. Sanchez, Slip Opinion No.
2016-Ohio-8470.
Sandusky App. No. S-14-030, 2016-Ohio-542.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
and O’Neill, JJ., concur.
French, J., concurs in judgment only.
O’Donnell, J., dissents.
2016-0656. State v. Reese, Slip Opinion No.
2016-Ohio-8471.
Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
2016-1033. State v. Bettis, Slip Opinion No. 2016-
Ohio-8472.
Delaware App. No. 15-CAA-10-0088, 2016-Ohio-
4615. Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2011-1921. State v. Sowell.
Cuyahoga C.P. No. CR-09-530885. On motion for
reconsideration. Motion denied.
O’Connor, C.J., and O’Neill, J., dissent.
2013-0536. State v. Spaulding.
Summit C.P. No. CR2012-05-1508. On motion for
reconsideration. Motion denied.
O’Neill, J., dissents.
2 12-30-16
2013-0915. State v. Cepec.
Medina C.P. No. 10-CR-0588. On motion for
reconsideration. Motion denied. O’Neill, J.,
dissents.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm.
Franklin App. No. 14AP-624, 2015-Ohio-2122. On
motion for reconsideration of Sherry L. Redwine.
Motion granted. Case reopened for further
consideration.
It is further ordered by the court, sua sponte, that
oral argument will be scheduled for this cause on
a later date. No additional briefing will be
permitted.
Kennedy, J., concurs in part and dissents in part,
and would grant additional briefing.
O’Donnell., J., dissents and would grant the
motion in part and only to delete the second
sentence of paragraph twenty-five of the
previously released opinion.
2015-1230. James v. State.
Clark App. No. 2013-CA-28, 2015-Ohio-623. On
motion for reconsideration. Motion denied.
O’Neill, J., dissents.
2015-1831. State ex rel. Schroeder v. Cleveland.
In Mandamus. On motion for reconsideration.
Motion denied. O’Donnell, Kennedy, and French,
JJ., dissent.
2016-0858. Disciplinary Counsel v. Tamburrino.
On Certified Report by the Board of Professional
Conduct, No. 2015-078. On motion for
reconsideration. Motion denied.
Kennedy and French, JJ., dissent.
2016-1413. State ex rel. Thomas v. Basinski.
In Prohibition. On motion for reconsideration.
Motion denied.
O’Donnell, J., dissents in accordance with Civ.R.
41(B)(1).
O’Neill, J., dissents.
2016-1544. State v. Johnson.
Richland App. No. 15-CA-114, 2016-Ohio-5611.
On motion for reconsideration. Motion denied.
Kennedy and O’Neill, JJ., dissent.
3 12-30-16
Amended Statewide Rules on Court-Appointed
Lawyers Take Effect Jan. 1
Staff Report | December 29, 2016
The Supreme Court of Ohio has amended
statewide rules governing court-appointed lawyers
and others representing or acting on behalf of
people in court and in legal proceedings. The
rules take effect on Jan. 1, 2017.
Rule 8 of the Rules of Superintendence for the
Courts of Ohio currently requires courts to make
sure there’s an “equitable distribution” when it
comes to these appointments. The amendment
defines equitable as “a system through which
appointments are made in an objectively rational,
fair, neutral, and nondiscriminatory manner” from
a list of pre-qualified persons.
Also included in the rule changes are a set of five
factors a court must take into account when
making appointments:
The complexity of the case.
Any language, educational, or other challenges
facing the defendant.
The relevant experience of the attorney.
The avoidance of any conflicts of interest or
other situations that could delay the case.
Intangible factors, including a potential
appointee’s commitment to providing timely,
quality representation to the client.
The amendments do not apply to the appointment
of any of the following persons:
Acting judges.
Receivers.
An arbitrator, mediator, investigator,
psychologist, interpreter, or other expert in a case.
Persons appointed to serve in a non-judicial
public office.
Guardians ad litem.
Guardians.
The amendments were proposed by the Advisory
Committee on Case Management Subcommittee
on Court Appointments with input from lawyers
and judges, and are meant to allow Ohio judges
to retain local control over appointments while
encouraging best practices and improving the
current system.
CASE ANNOUNCEMENTS
December 29, 2016
[Cite as 12/29/2016 Case Announcements, 2016-
Ohio-8458.]
MERIT DECISIONS WITH OPINIONS
2014-1844. State v. Creech, Slip Opinion No.
2016-Ohio-8440.
Jefferson App. No. 13 JE 41, 2014-Ohio-4004.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
Lanzinger, French, and O’Neill, JJ., concur.
O’Donnell, J., dissents and would dismiss the
cause as improvidently
allowed. Kennedy, J., dissents, with an opinion.
2014-1940. Linert v. Foutz, Slip Opinion No. 2016-
Ohio-8445.
Mahoning App. No. 11 MA 189, 2014-Ohio-4431.
Judgment reversed. O’Connor, C.J., and
O’Donnell, Lanzinger, Kennedy, and French, JJ.,
concur. Pfeifer, J., dissents and would affirm the
judgment of the court of appeals. O’Neill, J.,
dissents, with an opinion.
2015-0163. State ex rel. Cordell v. Pallet Cos.,
Inc., Slip Opinion No. 2016Ohio-8446.
Franklin App. No. 13AP-1017, 2014-Ohio-5561.
Judgment affirmed. Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur. O’Connor, C.J., concurs
in judgment only. O’Donnell, J., dissents, with an
opinion. Kennedy, J., dissents, with an opinion.
2015-0360. State ex rel. Shaughnessy v.
Cleveland, Slip Opinion No. 2016Ohio-8447.
In Mandamus. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., dissents, with an opinion.
2015-0629 and 2015-1048. State v. Richardson,
Slip Opinion No. 2016-Ohio8448.
Montgomery App. No. 26191, 2015-Ohio-757.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Lanzinger, J., dissents, with an opinion.
O’Neill, J., dissents, with an opinion joined by
Pfeifer, J.
2015-1737. Bibler v. Stevenson, Slip Opinion No.
2016-Ohio-8449.
Hancock App. No. 5-14-29, 2015-Ohio-3717.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
concur.
O’Donnell, J., concurs in judgment only.
Lanzinger, J., dissents, with an opinion joined by
Kennedy and French, JJ.
APPEALS NOT ACCEPTED FOR REVIEW
2015-1284. State v. Noling.
Portage App. No. 2014-P-0045, 2015-Ohio-2454.
O’Donnell and Kennedy, JJ., dissent.
O’Neill, J., not participating.
RECONSIDERATION OF PRIOR DECISIONS
2015-2059. State ex rel. Ridenour v. O’Connell.
Montgomery App. No. 26592. Reported at ___
Ohio St.3d ___, 2016-Ohio-7368, ___ N.E.3d ___.
On motion for reconsideration. Motion denied.
2016-1002. Burkhart Family Trust v. Antero
Resources Corp.
Monroe App. Nos. 14 MO 0019 and 14 MO 0020,
2016-Ohio-4817. Reported at 147 Ohio St.3d
1437, 2016-Ohio-7677, 63 N.E.3d 156. On motion
for reconsideration. Motion denied.
2 12-29-16
Pfeifer, Kennedy, and O’Neill, JJ., dissent.
2016-1057. Jabr v. Ohio Dept. of Job & Family
Servs.
Franklin App. No. 15AP-1141, 2016-Ohio-4775.
Reported at 147 Ohio St.3d 1438, 2016-Ohio-
7677, 56 N.E.3d 156. On motion for
reconsideration. Motion denied.
2016-1058. Jabr v. Ohio Dept. of Taxation.
Franklin App. No. 16AP-26, 2016-Ohio-4776.
Reported at 147 Ohio St.3d 1438, 2016-Ohio-
7677, 56 N.E.3d 156. On motion for
reconsideration. Motion denied.
2016-1093. Miller v. State.
Richland App. No. 15CA96, 2016-Ohio-4623.
Reported at 147 Ohio St.3d 1445, 2016-Ohio-
7854, 63 N.E.3d 1214. On motion for
reconsideration. Motion denied.
2016-1094. In re Estate of Harmon.
Tuscarawas App. No. 2015 AP 09 0052, 2016-
Ohio-2617. Reported at 147 Ohio St.3d 1445,
2016-Ohio-7854, 63 N.E.3d 1215. On motion for
reconsideration. Motion denied.
2016-1100. State v. Terrell.
Cuyahoga App. No. 103428, 2016-Ohio-4563.
Reported at 147 Ohio St.3d 1445, 2016-Ohio-
7854, 63 N.E.3d 1215. On motion for
reconsideration. Motion granted. Discretionary
appeal accepted, cause held for decision in 2016-
0317, State v. Anderson, and briefing schedule
stayed.
Lanzinger, J., would not hold the cause and would
not stay the briefing schedule.
O’Donnell and Kennedy, JJ., dissent.
2016-1366. State ex rel. Boles v. Gorman.
In Mandamus and Procedendo. Reported at 147
Ohio St.3d 1447, 2016-Ohio7924, 63 N.E.3d
1216. On motion for reconsideration. Motion
denied.
MEDIATION MATTERS
The court hereby returns the following case to the
regular docket under S.Ct.Prac.R. 19.01. The
appellant shall file a brief within 40 days of the
date of this entry, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R.
3 12-29-16
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2016-0568. Harrah’s Ohio Acquisition Co., L.L.C.
v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4596, 2014-
4810, 2014-4818, and 2014-4896.
4 12-29-16
CASE ANNOUNCEMENTS
December 28, 2016
[Cite as 12/28/2016 Case Announcements #3,
2016-Ohio-8459.]
MOTION AND PROCEDURAL RULINGS
2016-1863. State ex rel. Fockler v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of the motion for expedited
consideration, it is ordered by the court that the
motion is granted. It is further ordered by the court
that an alternative writ is granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05: relators shall file their brief
and evidence no later than January 3, 2017;
respondent shall file his brief and evidence no
later than January 6, 2017; and relators may file a
reply brief no later than January 11, 2017.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J, concurs and would further order oral
argument to be scheduled in this cause.
CASE ANNOUNCEMENTS
December 28, 2016
[Cite as 12/28/2016 Case Announcements #2,
2016-Ohio-8439.]
MERIT DECISIONS WITHOUT OPINIONS
2016-1483. State ex rel. McCall v. Gall.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration pursuant to S.Ct.Prac.R.
12.04 and upon respondents’ answer and motion
for judgment on the pleadings, it is ordered by the
court that the cause is dismissed.
O’Neill, J., dissents, with an opinion joined by
Lanzinger, J.
O’NEILL, J., dissenting.
{¶ 1} Respectfully, I dissent from the court’s
dismissal of this petition for a writ of mandamus.
{¶ 2} Relator, Tony McCall, petitions this court for
a writ of mandamus commanding Cuyahoga
County officials to produce copies of letters he
believes the Cuyahoga County prosecuting
attorney sent to the parole board in breach of his
plea agreement. I believe that a prisoner is
entitled to see what has been submitted against
him in support of a denial of parole under the Due
Process Clauses of the United States and Ohio
Constitutions. Courts often state that due process
“ ‘calls for such procedural protections as the
particular situation demands.’ ” Mathews v.
Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47
L.Ed.2d 18 (1976), quoting Morrissey
v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33
L.Ed.2d 484 (1972). But in the context of a
hearing under Ohio Adm.Code 5120:1-1-10(A) for
the purpose of considering whether granting
parole “would further the interests of justice and
be consistent with the welfare and security of
society,” R.C. 2967.03, this court has decided that
the state parole laws do not “create an
expectancy of parole upon which [an individual]
can base [a] due process claim.” State ex rel.
Blake v. Shoemaker, 4 Ohio St.3d 42, 43, 446
N.E.2d 169 (1983).
{¶ 3} I disagree with that conclusion, and I believe
it is time to reconsider it. The parole board
commonly sets a “projected release date” for
prisoners who are denied parole after a hearing.
Ohio Adm.Code 5120:1-1-10(B)(1). I believe that
this practice creates an “expectancy of release * *
* entitled to some measure of constitutional
protection.” Greenholtz v. Inmates of Nebraska
Penal & Corr. Complex, 442 U.S. 1, 99 S.Ct.
2100, 60 L.Ed.2d 668 (1979). But more to the
point, I believe, contrary to the holding in
Greenholtz, that every prisoner with a maximum
prison term expects to be released someday. In
his eyes, that day would be before the end of his
imposed sentence. That future-liberty interest
should be sufficient to trigger due-process
protections at any hearing in which the parole
board considers releasing an inmate sooner.
Under either theory, McCall is entitled to an
“opportunity to be heard” regarding the propriety
of parole “ ‘at a meaningful time and in a
meaningful manner.’ ” Mathews at 333, quoting
Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct.
1187, 14 L.Ed.2d 62 (1965). And I believe that
there can be no meaningful parole hearing if a
prisoner cannot rebut the particular assertions of
those who show up to say he should remain in
prison.
{¶ 4} How can we as a court say that there has
been a meaningful hearing when the party
requesting the hearing was not permitted the
opportunity to inspect and rebut that which was
presented? Ignore for a moment the “expectancy
of release,” which apparently is being summarily
dismissed by the majority. The state is making a
decision whether to continue the incarceration of
one of its citizens. Certainly, liberty is at stake.
The current procedure is the modern day
equivalent of a Star Chamber proceeding.
Imagine, if you will, the following colloquy, which is
not only permitted but encouraged by the current
law: “Well, Mr. Prisoner, do you have anything
else to present? I have heard all your arguments
about being rehabilitated, read the favorable
comments from your correctional officers, and
even considered that glowing letter from your
former employer who needs you back on the job.
Unfortunately, I also have read many documents,
none of which I am going to show you, indicating
that you were a bad child, a bad adolescent, a
bad neighbor, and generally a bad influence in
your neighborhood 20 years ago. Since you have
not rebutted that which you have not seen, I really
have no choice but to deny your application to be
released. Have a nice day. This hearing is
adjourned.”
{¶ 5} That is not due process. It is a badly flawed
system that violates the United States and Ohio
Constitutions. Daily.
{¶ 6} I therefore believe that McCall is entitled to
copies of any documents sent to the parole board
that were relied upon in determining the outcome
of his petition. This is notwithstanding the
respondents’ argument that these items are not
public records.
{¶ 7} Respectfully, I dissent.
LANZINGER, J., concurs in the foregoing opinion.
RECONSIDERATION OF PRIOR DECISIONS
2016-0880. State v. Gall.
Montgomery App. Nos. 26114 and 26115, 2016-
Ohio-2748. This cause came on for further
consideration upon the filing of appellant’s motion
for reconsideration. It is ordered by the court that
the motion is denied.
O’Neill, J., dissents, with an opinion joined by
Lanzinger, J.
O’NEILL, J., dissenting.
{¶ 1} Respectfully, I must dissent from the
decision to deny reconsideration.
{¶ 2} I originally joined the court in voting to deny
jurisdiction over this matter and reject the appeal
of appellant, Eugene Gall. 146 Ohio St.3d 1514,
2016-Ohio-7199, 60 N.E.3d 6. Upon reflection, I
believe that Gall’s appeal presents an issue of
great importance. For that reason, I would accept
his first proposition of law: “If an offender serves
time on a nullified, expunged conviction, the
sentence is invalid and any time served on that
invalid sentence should be credited towards a
valid sentence to avoid collateral consequences.”
{¶ 3} The full course of Gall’s history of
imprisonment was explained in the opinion of the
Second District Court of Appeals. 2016-Ohio-
2748, 51 N.E.3d 703, ¶ 2-7 (2d Dist.). Briefly, Gall
served many years on death row in Kentucky
while waiting to serve consecutive sentences
imposed for multiple rapes he committed in Ohio
in the late 1970s. Id. at ¶ 3-5. In October 2000,
the United States Court of Appeals for the Sixth
Circuit granted relief in habeas corpus, declared
Gall’s Kentucky death-penalty conviction
unconstitutional, and determined that he could not
be retried. Gall v. Parker, 231 F.3d 265, 335 (6th
Cir.2000). A federal district court later nullified the
conviction and ordered it expunged from Gall’s
record. Gall v. Scroggy, E.D.Ky. No. 2:87-56-DCR,
2008 WL 9463883 (Dec. 4, 2008). The issue
before us now is whether the time served in
Kentucky should be credited toward Gall’s Ohio
sentences.
{¶ 4} This court once declared that “time served
under a conviction which is subsequently vacated
and not reimposed should be credited to a prior
existing sentence which was not running during
the period the accused was in custody under the
vacated sentence.” McNary v. Green, 12 Ohio
St.2d 10, 12, 230 N.E.2d 649 (1967). We spoke
generally and made no distinction between prison
sentences served in this or another state. We
called this “the sound rule” to follow in our state,
id., and based our decision on no other authority
—not even a statute.
{¶ 5} Only a few courts have considered our ruling
in McNary in the ensuing decades. In 1967, we
did not balk at declaring a rule of law for no other
reason than that we thought it was the most
reasonable one whenever a prisoner “was
deprived of his liberty” illegally. Id. at 12. Shortly
thereafter, an appellate court applied the rule in
McNary to the case of a man who had been
imprisoned for some time on an invalid charge
and credited the time on the invalid charge toward
a prison sentence he should have been serving
on a valid charge. State v. Preston, 20 Ohio
App.2d 333, 335, 253 N.E.2d 827 (7th Dist.1969).
But 47 years later, another appellate court has
now found a factual distinction between the
instant case and the McNary and Preston cases.
The appellate court was persuaded by the fact
that Gall served his time in Kentucky and not in
Ohio. 2016-Ohio-2748, 51 N.E.3d 703, ¶ 23.
Moreover, according to the court of appeals, the
version of the jail-time-credit statute in effect when
McNary and Preston were decided was not as
limited as the current statute. I question this
holding. In McNary, we did not narrow our rule
factually, and we did not rely on a statute. In fact,
the jail-time-credit statute does not address the
circumstances in this case. R.C. 2967.191.
{¶ 6} Rather than allowing the lower courts to
overrule our precedent, we should address the
question whether an inmate gets credit for time
served in another state when that foreign
sentence has been vacated and when it
prevented the inmate from serving a term in an
Ohio prison. We adhere strongly to precedent in
the modern era, only overruling our prior case law
in very limited circumstances. Westfield Ins. Co. v.
Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849,
797 N.E.2d 1256, paragraph one of the syllabus.
And we should do that work for ourselves rather
than encouraging courts of appeals to do the
heavy lifting. This is a policy question, and this is
a policy court.
{¶ 7} Without question, Gall committed terrible
crimes for which he should be punished. He
should serve precisely the sentence he deserves
because his crimes are so profoundly
reprehensible. But he is a human being living in
Ohio, and he should not serve a day more than
the law requires—it is elementary that all people
in Ohio are guaranteed the due process of law.
The Kentucky conviction did not happen in a legal
sense. That entire proceeding has been
expunged. Because Gall was deprived of his
ability to complete his Ohio prison time by virtue
of prison time served in Kentucky, we should
decide whether or not the time Gall served in
Kentucky is also now a legal fiction.
{¶ 8} For these reasons, I dissent.
LANZINGER, J., concurs in the foregoing opinion.
CASE ANNOUNCEMENTS
December 28, 2016
[Cite as 12/28/2016 Case Announcements, 2016-
Ohio-8438.]
MERIT DECISIONS WITH OPINIONS
2013-0449. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-8375.
Board of Tax Appeals, No. 2010-W-3563.
Decision vacated and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1621. Caster v. Columbus, Slip Opinion No.
2016-Ohio-8394.
In Mandamus. Writ granted.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., concurs in part and dissents in
part, with an opinion joined by Lanzinger, J.
O’Donnell, J., dissents and would not overrule any
portion of State ex rel. Steckman v. Jackson, 70
Ohio St.3d 420, 639 N.E.2d 83 (1994).
2014-1781. Emerson Network Power, Energy
Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision,
Slip Opinion No. 2016-Ohio-8392.
Board of Tax Appeals, No. 2013-5354. Decision
vacated and cause remanded with
instructions.
O’Connor, C.J., and Pfeifer, Kennedy, French, and
O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
O’Donnell, J., dissents and would affirm the
decision of the Board of Tax Appeals.
2014-1831. Utt v. Lorain Cty. Bd. of Revision, Slip
Opinion No. 2016-Ohio8402.
Board of Tax Appeals, No. 2013-2664. Decision
reversed.
O’Connor, C.J., and Lanzinger, Kennedy, and
French, JJ., concur.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent and
would affirm the decision of the Board of Tax
Appeals.
2014-2012. Giddens v. Testa, Slip Opinion No.
2016-Ohio-8412.
Board of Tax Appeals, No. 2012-359. Decision
affirmed in part and reversed in part and
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0917. T. Ryan Legg Irrevocable Trust v.
Testa, Slip Opinion No. 2016Ohio-8418.
Board of Tax Appeals, No. 2013-1469. Decision
affirmed in part and vacated in part and
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs, with an opinion.
2015-1340. Jacobson v. Kaforey, Slip Opinion No.
2016-Ohio-8434.
Summit App. No. 26915, 2015-Ohio-2624.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
Kennedy, J., concurs in judgment only, with an
opinion joined by Jensen, J.
O’Donnell, J., dissents, with an opinion.
James D. Jensen, of the Sixth District Court of
Appeals, sitting for French, J.
MERIT DECISIONS WITHOUT OPINIONS
2016-1510. State ex rel. Jackson v. O’Donnell.
In Mandamus and Prohibition. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1512. Rose v. Powers.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents and would grant a
peremptory writ.
2016-1517. State ex rel. Buchanan v. Mohr.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents and would grant an alternative
writ.
2016-1534. Doremus v. Lucas Cty. Probate Court.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1989-0454. State v. Landrum.
Ross App. No. 1330. This cause came on for
further consideration upon appellee’s motion to
set an execution date.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
It is further ordered that James P. Frazier’s
sentence be carried into execution by the warden
of the Southern Ohio Correctional Facility or, in
his absence, by the deputy warden on
Wednesday, the 12th day of February, 2020, in
accordance with the statutes so provided.
It is further ordered that a certified copy of this
entry and a warrant under the seal of this court be
duly certified to the warden of the Southern Ohio
Correctional Facility and that said warden shall
make due return thereof to the Clerk of the Court
of Common Pleas of Ross County.
Pfeifer and O’Neill, JJ., dissent.
1989-2136. State v. Bonnell.
Cuyahoga App. No. 55927. On motion for order or
relief pursuant to S.Ct.Prac.R.
4.01. Motion denied. O’Neill, J., dissents.
1998-1970. State v. Tibbetts.
Hamilton C.P. No. B9708596. On motion for stay
of execution. Motion denied.
O’Neill, J., dissents for the reasons set forth in his
dissenting opinion in State v. Wogenstahl, 134
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.
2015-1762. Robinson v. LaRose.
Trumbull App. No. 2015-T-0051, 2015-Ohio-4323.
On motion to certify the record. Motion denied as
moot.
2016-1486. Sunoco Pipeline, L.P. v. Teter.
Harrison App. Nos. 16 HA 0002 and 16 HA 0005,
2016-Ohio-7073. On motion of Sunoco Pipeline,
L.P., to lift stay of execution of appellate court’s
judgment. Motion denied. On motion to strike
motion of Sunoco Pipeline, L.P., to lift stay of
execution of appellate court’s judgment. Motion
denied.
O’Donnell, Lanzinger, and French, JJ., dissent
and would grant the motion to lift stay of execution
and would require a bond in the amount of $2.5
million.
2016-1596. State v. Juan.
Franklin App. Nos. 15AP-447 and 15AP-1054,
2016-Ohio-5339. On motion for leave to file
delayed appeal. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2016-1599. State v. Wilson.
Putnam App. No. 12-15-13. On motion for leave
to file delayed appeal. Motion denied.
2016-1600. State v. Bowers.
Hamilton App. No. C-150024, 2016-Ohio-904. On
motion for leave to file delayed appeal. Motion
denied.
2016-1620. State v. Murphy.
Ross App. No. 15CA3475, 2016-Ohio-1165. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1625. State v. Blair.
Washington App. No. 14CA33, 2016-Ohio-2872.
On motion for leave to file delayed appeal. Motion
denied.
2016-1636. Fannie Mae v. Hicks.
Cuyahoga App. No. 103804, 2016-Ohio-7483. On
motion for stay. Motion denied.
Lanzinger and Kennedy, JJ., dissent.
2016-1644. State v. Weems.
Cuyahoga App. No. 102954, 2016-Ohio-701. On
motion for leave to file delayed appeal. Motion
denied.
2016-1652. State v. Brown.
Richland App. No. 16CA15, 2016-Ohio-5893. On
review of an order certifying a conflict. The court
determines that a conflict exists. The parties are
ordered to brief the issue stated at page 5 of the
court of appeals’ entry filed October 28, 2016:
“Whether the post-release control notification of
R.C. 2929.19(B)(2)(e) must include notification of
the penalty provisions in R.C. 2929.141(A)(1)-(2),
specifically, whether a trial court must inform an
offender at the time of sentencing that the
commission of a felony during a period of post-
release control permits a trial court to impose a
new prison term for the violation to be served
consecutively with any prison term for the new
felony.”
The conflict case is State v. Pippen, 4th Dist.
Scioto No. 14CA3595, 2014Ohio-4454.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
Court of Appeals for Richland County.
Pfeifer, J., dissents.
2016-1656. State v. Ward.
Montgomery App. No. 26773, 2016-Ohio-5354.
On motion for leave to file delayed appeal. Motion
denied.
2016-1662. State v. Holden.
Hamilton App. No. C-1600150, 2016-Ohio-7042.
On motion for stay. Motion denied.
O’Neill, J., dissents and would grant the stay and
order the bond continued.
2016-1663. Rownd v. Marcelli.
Stark App. No. 2015 CA 00154, 2016-Ohio-7142.
On motion for stay of trial court's July 28, 2015
judgment and the court of appeals’ September 30,
2016 opinion. Motion denied.
2016-1669. State v. Travis.
Seneca App. No. 13-16-08. On motion for leave to
file delayed appeal. Motion denied.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2016-1674. State v. Jackson.
Cuyahoga App. No. 100877, 2016-Ohio-7474. On
emergency motion to stay court of appeals’
judgment. Motion denied.
2016-1685. State v. Murphy.
Ross App. No. 15CA3475, 2016-Ohio-1165. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1704. State ex rel. Williams v. Trim.
Union App. No. 14-13-18. On motion for stay.
Motion denied. Pfeifer, J., dissents.
APPEALS NOT ACCEPTED FOR REVIEW
2015-0262. State v. Montgomery.
Franklin App. No. 13AP-1091, 2015-Ohio-500.
O’Donnell, J., dissents and would accept the
cause on Proposition of Law Nos. IV and V.
Kennedy, J., dissents.
2016-1049. State v. Patrick.
Mahoning App. No. 14 MA 0093, 2016-Ohio-3283.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1073. Ellison v. Hillsboro.
Highland App. No. 15CA17, 2016-Ohio-1556.
O’Donnell and Kennedy, JJ., dissent.
2016-1077. Cunningham v. Bone Dry
Waterproofing, Inc.
Franklin App. No. 15AP-587, 2016-Ohio-3341.
O’Donnell and O’Neill, JJ., dissent.
2016-1081. State v. Walker.
Seneca App. No. 13-15-42, 2016-Ohio-3499.
2016-1085. State v. Clark.
Cuyahoga App. No. 96207, 2016-Ohio-2825.
Motion to strike denied.
O’Connor, C.J., dissents and would accept the
appeal on Proposition of Law No. II, reverse the
decision of the court of appeals, and remand the
cause to the court of appeals for application of
State v. Johnson, 128 Ohio St.3d 153, 2010Ohio-
6314, 942 N.E.2d 1061.
O’Neill, J., dissents.
2016-1086. In re P.G.T.
Columbiana App. No. 14 CO 0034, 2016-Ohio-
3429.
2016-1090. State v. Cannon.
Cuyahoga App. No. 103298, 2016-Ohio-3173.
2016-1096. In re Estate of Ball.
Belmont App. No. 15 BE 0004, 2016-Ohio-4817.
Pfeifer, Kennedy, and O’Neill, JJ., dissent.
2016-1097. Brown v. Ralston.
Belmont App. No. 14 BE 0051, 2016-Ohio-4916.
2016-1104. Hutchinson v. Kaforey.
Summit App. No. 27761, 2016-Ohio-3541.
2016-1114. State v. Hicks.
Hamilton App. No. C-150311.
2016-1118. CapitalSource Bank v. Hnatiuk.
Cuyahoga App. No. 103210, 2016-Ohio-3450.
2016-1127. State v. Clark.
Cuyahoga App. No. 103324, 2016-Ohio-4561.
2016-1132. State v. Wolfe.
Delaware App. No. 16CAA020008, 2016-Ohio-
4616.
2016-1144. State v. Lytle.
Franklin App. Nos. 15AP-748 and 15AP-754,
2016-Ohio-3532.
2016-1151. State v. Hasenyager.
Summit App. No. 27756, 2016-Ohio-3540.
O’Neill, J., dissents and would accept the cause
on Proposition of Law No.
III.
2016-1171. Grubb v. Buehrer.
Franklin App. No. 15AP-576, 2016-Ohio-4645.
2016-1174. State v. Hackney.
Hamilton App. No. C-150375, 2016-Ohio-4609.
O’Neill, J., dissents.
2016-1180. State v. Lenoir.
Montgomery App. No. 26846, 2016-Ohio-4981.
2016-1182. State v. Steiner.
Holmes App. No. 15CA17, 2016-Ohio-4648.
2016-1192. State v. Mickens.
Franklin App. No. 15AP-961, 2016-Ohio-4636.
2016-1215. Hess v. Satink.
Summit App. No. 27729, 2016-Ohio-4684.
2016-1226. New Beginnings Residential
Treatment Ctr., L.L.C. v. Steel Town,
L.L.C.
Mahoning App. No. 15 MA 0185, 2016-Ohio-4814.
O’Donnell, J., dissents.
2016-1230. State v. Smith.
Fairfield App. No. 15-CA-46, 2016-Ohio-4832.
2016-1253. State v. Johnson.
Montgomery App. No. 26339, 2016-Ohio-4888.
2016-1254. State v. Johnson.
Montgomery App. No. 26795, 2016-Ohio-4889.
2016-1276. State ex rel. Curtis v. Brown Cty.
Coroner.
Brown App. No. CA2006-02-002.
2016-1285. State v. Miller.
Lorain App. No. 14CA010556, 2016-Ohio-4993.
2016-1294. State v. Mallett.
Lucas App. Nos. L-15-1143 and L-15-1144.
2016-1296. State v. Blevins.
Clark App. No. 2014-CA-47, 2016-Ohio-5049.
2016-1523. State v. Lumbus.
Cuyahoga App. No. 102273, 2016-Ohio-5920.
2016-1531. Fifth Third Mtge. Co. v. Perry.
Pickaway App. No. 15CA22, 2016-Ohio-7811.
Motion for stay denied.
Pfeifer and O’Neill, JJ., dissent and would accept
the cause and grant the motion for stay.
2016-1539. State v. Pullens.
Clermont App. No. CA2015-03-024, 2016-Ohio-
260. O’Neill, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2015-0839. State ex rel. Cuyahoga Lakefront
Land, L.L.C. v. Cleveland.
Cuyahoga App. No. 101438, 2015-Ohio-1637.
Reported at ___ Ohio St.3d ___, 2016-Ohio-7640,
___ N.E.3d ___. On motion for reconsideration.
Motion denied.
Pfeifer, J., dissents.
2015-1419. Smith v. Erie Ins. Co.
Ottawa App. No. OT-15-005, 2015-Ohio-3078.
Reported at ___ Ohio St.3d ___, 2016-Ohio-7742,
___ N.E.3d ___. On motion for reconsideration.
Motion denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0638. State v. Blair.
In Habeas Corpus. Reported at 146 Ohio St.3d
1506, 2016-Ohio-5873, 58 N.E.3d 1177. On
motion for reconsideration. Motion granted. On
entry of judgment. Entry denied as moot. Sua
sponte, cause dismissed.
Pfeifer and Kennedy, JJ., dissent and would deny
the motion for reconsideration.
2016-0954. State v. Johnson.
Cuyahoga App. No. 102449, 2016-Ohio-1536.
Reported at 62 Ohio St.3d 185, 2016-Ohio-7455,
147 N.E.3d 1412. On motion for reconsideration.
Motion denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1172. State ex rel. Stanley v. Andrews.
In Mandamus. Reported at 147 Ohio St.3d 1416,
2016-Ohio-7598, 62 N.E.3d 188. On motion for
reconsideration. Motion denied. On motion to take
judicial notice. Motion denied as moot.
2016-1189. State ex rel. Bradford v. First Dist.
Court of Appeals Judges.
In Prohibition. Reported at 147 Ohio St.3d 1410,
2016-Ohio-7455, 62 N.E.3d 183. On motion for
reconsideration. Motion denied.
2016-1304. State ex rel. Victor v. Stupika.
In Prohibition. Reported at 147 Ohio St.3d 1410,
2016-Ohio-7455, 62 N.E.3d 184. On motion for
reconsideration. Motion denied.
2016-1340. Disciplinary Counsel v. Cummings.
Reported at 147 Ohio St.3d 1214, 2016-Ohio-
7294, 63 N.E.3d 135. On motion for
reconsideration. Motion denied.
O’Neill, J., dissents.
2016-1385. State v. Goldshtein.
Cuyahoga App. No. 104262. Reported at 147
Ohio St.3d 1436, 2016-Ohio-7677, 63 N.E.3d 155.
On motion for reconsideration. Motion denied.
O’Donnell, J., dissents.
CASE ANNOUNCEMENTS
December 27, 2016
[Cite as 12/27/2016 Case Announcements, 2016-
Ohio-8376.]
MERIT DECISIONS WITH OPINIONS
2014-0552. Olentangy Local Schools Bd. of Edn.
v. Delaware Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-8332.
Board of Tax Appeals, No. 2011-A-565. Decision
affirmed. O’Connor, C.J., and Lanzinger,
Kennedy, French, and O’Neill, JJ., concur. Pfeifer,
J., dissents and would reinstate the decision of
the Board of
Revision. O’Donnell, J., dissents.
2015-0192. State v. D.B., Slip Opinion No. 2016-
Ohio-8334.
Montgomery App. No. 25859, 2014-Ohio-5368.
Judgment reversed and cause
remanded. O’Connor, C.J., and Pfeifer, Lanzinger,
and O’Neill, JJ., concur. O’Donnell, Kennedy, and
French, JJ., concur in judgment only.
2015-0348. Argabrite v. Neer, Slip Opinion No.
2016-Ohio-8374.
Montgomery App. No. 26220, 2015-Ohio-125.
Judgment affirmed. O’Connor, C.J., and
O’Donnell, Lanzinger, and French, JJ., concur.
Lanzinger, J., concurs, with an opinion. Kennedy,
J., concurs in judgment only, with an opinion.
Pfeifer, J., concurs in part and dissents in part,
with an opinion joined by
O’Neill, J. O’Neill, J., concurs in part and dissents
in part, with an opinion.
2015-0652. State v. Hand, Slip Opinion No. 2016-
Ohio-8355.
Montgomery App. No. 25840. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., dissents.
2015-0774. State v. Mohammad, Slip Opinion No.
2016-Ohio-8362.
Franklin App. No. 14AP-662, 2015-Ohio-1234.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2015-1187 and 2015-1189. In re Grand Jury
Proceeding of Doe, Slip Opinion No. 2016-Ohio-
8356.
Cuyahoga App. No. 102978. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, Kennedy, and French, JJ., concur in
judgment only.
2015-1239 and 2015-1240. In re Grand Jury
Proceeding of Doe, Slip Opinion No. 2016-Ohio-
8357.
Cuyahoga App. No. 102979. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, Kennedy, and French, JJ., concur in
judgment only.
2015-1259. State v. Mobarak, Slip Opinion No.
2016-Ohio-8372.
Franklin App. No. 14AP-517, 2015-Ohio-3007.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2015-1782. State v. Shalash, Slip Opinion No.
2016-Ohio-8358.
Warren App. No. CA2014-12-146, 2015-Ohio-
3836. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2016-0118. State v. Jackson, Slip Opinion No.
2016-Ohio-8363.
Summit App. No. 27133, 2015-Ohio-5246.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
2 12-27-16
O’Neill, J., dissents.
2016-0179 and 2016-0201. State v. Mustafa, Slip
Opinion No. 2016-Ohio-8364.
Franklin App. No. 15AP-465 and 15AP-466, 2015-
Ohio-5370. Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2016-1024. State v. Jackson, Slip Opinion No.
2016-Ohio-8373.
Summit App. No. 27132. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2016-1168 and 2016-1297. State v. Mobarak, Slip
Opinion No. 2016-Ohio8368.
Franklin App. No. 16AP-162, 2016-Ohio-4632.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
MISCELLANEOUS DISMISSALS
2016-0302. State ex rel. Bennett v. Aldi.
Franklin App. No. 14AP-632, 2016-Ohio-83. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of the application for
dismissal of its appeal filed by Aldi, Inc., Ohio, it is
ordered by the court that the application for
dismissal is granted. Aldi’s notice of appeal is
dismissed, and the case remains pending on the
appeal of the Industrial Commission of Ohio.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
3 12-27-16
2016-1796. Yves v. Montogmery Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-2323.
2016-1797. Brutten Family Partners, L.L.C. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2325.
2016-1815. ARCP LS Bedford Heights OH, L.L.C.
v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2145.
2016-1839. State ex rel. Belle Tire Distribs., Inc. v.
Indus. Comm.
Franklin App. No. 16AP-92, 2016-Ohio-7869.
2016-1845. State ex rel. Roberts v. Indus. Comm.
Franklin App. No. 15AP-892, 2016-Ohio-7570.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellant shall file a brief within 40 days of
the date of this entry, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2016-1423. Spirit Master Funding IX, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2188 and 2015-
2195.
4 12-27-16
CASE ANNOUNCEMENTS
December 20, 2016
[Cite as 12/20/2016 Case Announcements, 2016-
Ohio-8198.]
MERIT DECISIONS WITH OPINIONS
2015-1222. State ex rel. Cincinnati Enquirer v.
Deters, Slip Opinion No. 2016Ohio-8195.
In Mandamus. Cause dismissed in part and writ
denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and O’Neill, JJ., concur.
French, J., concurs in judgment only.
2016-0353. In re A.J., Slip Opinion No. 2016-
Ohio-8196.
Crawford App. No. 3-15-12, 2016-Ohio-248.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy, J.
MOTION AND PROCEDURAL RULINGS
2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C.
Summit App. No. 27759, 2016-Ohio-4828. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Brian W. Zimmerman, it is ordered
by the court that the motion is granted. Pursuant
to Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
CASE ANNOUNCEMENTS
December 16, 2016
[Cite as 12/16/2016 Case Announcements, 2016-
Ohio-8162.]
MOTION AND PROCEDURAL RULINGS
2016-0901. ARCP RL Portfolio VIII, L.L.C. v. Stark
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1206. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2016-1505. Cincinnati City Schools Bd. of Edn. v.
Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1993. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
DISCIPLINARY CASES
2000-1889. Cincinnati Bar Assn. v. Jones.
This cause came on for further consideration
upon the filing of an application for reinstatement
by respondent, Timothy V. Jones, Attorney
Registration No. 0063968, last known business
address in Statesboro, Georgia.
Upon consideration thereof, it is ordered by this
court that the application is denied.
2016-0800. Disciplinary Counsel v. Coriell.
This cause is pending before the court upon the
filing of a certification of default by the Board of
Professional Conduct. On December 16, 2016, in
case No. 20161762, In re Resignation of Coriell,
the resignation of respondent was accepted by
the court pursuant to Gov.Bar R. VI(11)(C) as a
resignation with disciplinary action pending.
Therefore, it is ordered by the court that case No.
2016-0800 is dismissed.
2016-0861. Disciplinary Counsel v. Schnittke.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct. Upon consideration thereof, it is ordered
by the court, sua sponte, that this matter is
remanded to the board for further proceedings,
including consideration of a more severe sanction.
Proceedings before this court in this case are
stayed until further order of this court.
2016-1613. Disciplinary Counsel v. Porter.
This cause is pending before the court upon the
filing of a notice of the imposition of reciprocal
discipline. On December 16, 2016, in case No.
2016-1768, In re Resignation of Porter, the
resignation of respondent was accepted by the
court pursuant to Gov.Bar R. VI(11)(C) as a
resignation with disciplinary action pending.
Therefore, it is ordered by the court that case No.
2016-1613 is dismissed.
2016-1762. In re Resignation of Coriell.
On application for resignation of Jennifer Lynn
Coriell, Attorney Registration No. 0072791, and
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2 12-16-16
2016-1768. In re Resignation of Porter.
On application for resignation of Dean Douglas
Porter, Attorney Registration No. 0051417, and
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
MISCELLANEOUS DISMISSALS
2016-1439. State v. White.
Lucas App. No. L-16-1138. This cause is pending
before the court as a jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-1694. State v. Liller.
Trumbull App. No. 2015-T-0112, 2016-Ohio-7155.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-1738. Panezich v. Green.
Mahoning App. No. 16 MA 0163, 2016-Ohio-7948.
This cause is pending before the court as an
appeal from the Court of Appeals for Mahoning
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Mahoning County.
3 12-16-16
CASE ANNOUNCEMENTS
December 15, 2016
[Cite as 12/15/2016 Case Announcements, 2016-
Ohio-8140.]
MERIT DECISIONS WITH OPINIONS
2013-0536. State v. Spaulding, Slip Opinion No.
2016-Ohio-8126.
Summit C.P. No. CR2012-05-1508. Judgment
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents, with an opinion.
2015-1137. State v. Jackson, Slip Opinion No.
2016-Ohio-8127.
Hamilton App. No. C-140384, 2015-Ohio-2171.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and O’Neill, JJ., concur.
French, J., concurs in judgment only.
MOTION AND PROCEDURAL RULINGS
2016-1584. Kolosai v. Azem.
Cuyahoga App. No. 102920, 2016-Ohio-5831.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s amended motion
to strike notice of appeal and memorandum in
support of jurisdiction, it is ordered by the court
that the motion is denied.
It is further ordered that the appellee may file a
memorandum in response within 30 days from the
date of this entry.
DISCIPLINARY CASES
2015-0602. Disciplinary Counsel v. Hiatt.
This cause is pending before the court upon the
filing of a report and recommendation by the
Board of Professional Conduct. On December 7,
2016, relator, disciplinary counsel, filed a
suggestion of death of respondent.
Upon consideration thereof, it is ordered by the
court that this matter is dismissed.
2016-0032. Trumbull Cty. Bar. Assn. v. Bellew.
It is ordered by this court, sua sponte, that
Timothy Eric Bellew, Attorney Registration No.
0067573, last known business address in Girard,
Ohio, is found in contempt for failure to comply
with this court’s order of September 26, 2016, to
wit: failure to file an affidavit of compliance on or
before October 26, 2016.
2016-1030. In re Resignation of Stevens.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2016-1261. In re Resignation of Gussler.
It is ordered by this court, sua sponte, that
Stephanie Gail Gussler, Attorney Registration No.
59803, last known business address in Granville,
Ohio, is found in contempt for failure to comply
with this court’s order of September 26, 2016, to
wit: failure to file an affidavit of compliance on or
before October 26, 2016.
2016-1489. Wood Cty. Bar Assn. v. Searfoss.
This cause is pending before the court upon the
filing by the Board of Professional Conduct of a
final report and recommendation. It has come to
the court’s attention that some of the exhibits
attached to relator’s answer contain personal
identifiers, as defined by Rule 44(H) of the Rules
of Superintendence of the Courts of Ohio, which
have not been redacted.
It is ordered by the court, sua sponte, that counsel
for relator shall come to the Supreme Court of
Ohio Clerk’s Office and redact any and all
personal identifiers, as defined by Rule 44(H) of
the Rules of Superintendence, from relator’s
answer and any exhibits attached thereto within
ten days of the date of this entry.
2 12-15-16
CASE ANNOUNCEMENTS
December 19, 2016
[Cite as 12/19/2016 Case Announcements, 2016-
Ohio-8194.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF DECEMBER 19,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the December 19, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2011-2042. Disciplinary Counsel v. Ford, 147 Ohio
St.3d 1220, 2016-Ohio
5914. 2014-0749. State ex rel. School Choice
Ohio, Inc. v. Cincinnati Pub. School Dist., 147
Ohio St.3d 256, 2016-Ohio-5026.
2014-1173. State v. Marks, 147 Ohio St.3d 243,
2016-Ohio-4837. 2014-1175. State v. Jenkins, 147
Ohio St.3d 244, 2016-Ohio-4838. 2014-1176.
State v. Harris, 147 Ohio St.3d 244, 2016-Ohio-
4839. 2014-1177. State v. Scott, 147 Ohio St.3d
245, 2016-Ohio-4840. 2014-1200. State v. Collins,
147 Ohio St.3d 245, 2016-Ohio-4841. 2014-1201.
State v. Wiley, 147 Ohio St.3d 246, 2016-Ohio-
4843. 2014-1363. State v. Washington, 147 Ohio
St.3d 247, 2016-Ohio-4845.
2014-1368. State v. Washington, 147 Ohio St.3d
247, 2016-Ohio-4847.
2014-1626. Christian Voice of Cent. Ohio v. Testa,
147 Ohio St.3d 217, 2016Ohio-1527. 2014-1712.
State v. Diamond, 147 Ohio St.3d 248, 2016-
Ohio-4848. 2014-1714. State v. Diamond, 147
Ohio St.3d 248, 2016-Ohio-4849. 2014-1715.
State v. Turner, 147 Ohio St.3d 249, 2016-Ohio-
4850. 2014-1716. State v. Melton, 147 Ohio St.3d
250, 2016-Ohio-4851. 2014-1717. State v.
Wimbush, 147 Ohio St.3d 250, 2016-Ohio-4852.
2014-1721. State v. Diamond, 147 Ohio St.3d
251, 2016-Ohio-4853. 2014-1725. State v.
Stewart, 147 Ohio St.3d 251, 2016-Ohio-4854.
2014-1738. Toledo Bar Assn. v. DeMarco, 147
Ohio St.3d 1220, 2016-Ohio
5916. 2014-1776. State v. Wimbush, 147 Ohio
St.3d 252, 2016-Ohio-4855. 2014-2051. Wendt v.
Dickerson, 147 Ohio St.3d 284, 2016-Ohio-5822.
2015-1381. State ex rel. Gibson v. Sloan, 147
Ohio St.3d 240, 2016-Ohio-3422. 2015-1455.
State v. Wheeler, 147 Ohio St.3d 253, 2016-Ohio-
4860. 2015-1483. State ex rel. Keith v. Gaul, 147
Ohio St.3d 270, 2016-Ohio-5566. 2015-1634.
State v. Clark, 147 Ohio St.3d 253, 2016-Ohio-
4873. 2015-1637. State v. Sheppard, 147 Ohio
St.3d 254, 2016-Ohio-4874. 2015-1691. State v.
George, 147 Ohio St.3d 254, 2016-Ohio-4876.
2015-1692. State v. Johnson, 147 Ohio St.3d 255,
2016-Ohio-4877.
2 12-19-16
2016-0257. Trumbull Cty. Bar Assn. v. Roland,
147 Ohio St.3d 274, 2016Ohio-5579.
2016-0259. Disciplinary Counsel v. Simmonds,
147 Ohio St.3d 280, 2016Ohio-5599.
16-AP-037. In re Disqualification of Rastatter, 147
Ohio St.3d 1217, 2016Ohio-7088.
16-AP-049. In re Disqualification of Gaul, 147
Ohio St.3d 1219, 2016-Ohio7034.
MERIT DECISIONS WITH OPINIONS
2016-0261. Disciplinary Counsel v. Joltin, Slip
Opinion No. 2016-Ohio-8168.
On Certified Report by the Board of Professional
Conduct, No. 2015-022. Benjamin Joltin, Attorney
Registration No. 0072993, is hereby suspended
from the practice of law in Ohio for two years with
the second year stayed on conditions.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
Lanzinger, J., dissents, with an opinion joined by
O’Connor, C.J.
2016-0263. Cincinnati Bar Assn. v. Wiest, Slip
Opinion No. 2016-Ohio-8166.
On Certified Report by the Board of Professional
Conduct, No. 2014-095. Christopher D. Wiest,
Attorney Registration No. 0077931, is hereby
suspended from the practice of law in Ohio for two
years with the second year stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0853. Columbiana Cty. Bar Assn. v.
Barborak, Slip Opinion No. 2016Ohio-8167.
On Certified Report by the Board of Professional
Conduct, No. 2015-030. Virginia Mary Barborak,
Attorney Registration No. 0068601, is hereby
permanently disbarred from the practice of law in
Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
3 12-19-16
MOTION AND PROCEDURAL RULINGS
2014-0313. State v. Beasley.
Summit C.P. No. CR2012010169(A). This cause
is pending before the court as a death-penalty
appeal from the Court of Common Pleas of
Summit County.
Upon consideration of appellant’s motion for leave
to review the presentencing-investigation reports,
it is ordered by the court that the motion is
granted. Appellant’s counsel may come to the
clerk’s office to review all presentencing-
investigation reports, but counsel shall not make
copies of the reports.
2016-1777. State v. K.W.
Warren App. No. CA2016-01-004, 2016-Ohio-
7365. This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion to file a
copy of the entry of appointment of counsel under
seal, it is ordered by the court that the motion is
granted.
4 12-19-16
Board of Professional Conduct Files Disciplinary
Case Reports and Recommendations
Staff Report | December 16, 2016
The Ohio Board of Professional Conduct today
announced it has filed the following reports and
recommendations for disciplinary cases involving
attorneys and judges charged with professional
misconduct with the Ohio Supreme Court.
Except in consent-to-discipline cases, the parties
will have an opportunity to file objections to the
board’s report and recommendation with the
Supreme Court. If objections are filed, the case
will be scheduled for oral argument. Oral
argument is not scheduled in reinstatement
cases, except upon order of the Court. In cases in
which the board recommends acceptance of a
consent-to-discipline agreement, no objections
are permitted, and the case is submitted to the
Court for consideration.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Cases on Report of the Board
Franklin County
Disciplinary Counsel v. Mohammed Noure Alo
Case No. 2015-2053
Recommended sanction: Permanent disbarment
Disciplinary Counsel v. Shawn Andrea Little
Case No. 2016-1838
Recommended sanction: Permanent disbarment
Columbus Bar Association v. Kristina Marie
Lindner
Case No. 2016-1820
Recommended sanction: Indefinite suspension
Lorain County
Lorain County Bar Association v. Kenneth Allen
Nelson II
Case No. 2016-1830
Recommended sanction: Two-year suspension,
18 months stayed
Lorain and Trumbull Counties
Lorain County Bar Association and Trumbull
County Bar Association v. Robert Lawrence
Johnson
Case No. 2014-0136 and 2014-1403
Recommended sanction: Indefinite suspension
Lucas County
Toledo Bar Association v. Beauregard Maximillion
Harvey
Case No. 2015-0742
Recommended sanction: Indefinite suspension
Portage
Disciplinary Counsel v. Andrew Osyp Martyniuk
Case No. 2016-1821
Recommended sanction: Indefinite suspension
Wood County
Disciplinary Counsel v. Andrew Robert Schuman
Case No. 2016-1834
Recommended sanction: One-year suspension,
six months stayed
Consent-to-Discipline Case
Tuscarawas County
Disciplinary Counsel v. J. Greg Miller
Case No. 2016-1829
Recommended sanction: One-year suspension,
stayed
CASE ANNOUNCEMENTS
December 16, 2016
[Cite as 12/14/2016 Case Announcements #2,
2016-Ohio-8139.]
MOTION AND PROCEDURAL RULINGS
2016-1651. May v. Delaware Cty. Dept. of Job &
Family Servs.
In Mandamus and Procedendo. This cause
originated in this court on the filing of a complaint
for writs of mandamus and procedendo.
Upon consideration of relators’ emergency motion
to expedite response, it is ordered by the court
that the motion is denied as moot.
It is further ordered that respondent’s motion to
dismiss is granted. Accordingly, this cause is
dismissed.
2016-1731. State ex rel. BC South, L.L.C. v.
Knece.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s motion for an
immediate stay, it is ordered by the court that the
motion is granted.
2016-1736. State ex rel. Matheny v. Knece.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relators’ motion for an
immediate stay, it is ordered by the court that the
motion is granted.
CASE ANNOUNCEMENTS
December 14, 2016
[Cite as 12/14/2016 Case Announcements, 2016-
Ohio-8121.]
MERIT DECISIONS WITH OPINIONS
2014-1953. Simpkins v. Grace Brethren Church,
Slip Opinion No. 2016-Ohio8118.
Delaware App. No. 13 CAE 10 0073, 2014-Ohio-
3465. Judgment affirmed.
Kennedy and French, JJ., concur.
Lanzinger, J., concurs in judgment only, with an
opinion.
O’Connor, C.J., and O’Donnell, J., would dismiss
the case as having been improvidently allowed.
O’Neill, J., dissents, with an opinion joined by
Pfeifer, J.
Pfeifer, J., dissents, with an opinion.
2015-1525. State ex rel. Winfree v. McDonald,
Slip Opinion No. 2016-Ohio8098.
Lucas App. No. L-14-1222. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1536. Lee v. Weir, Slip Opinion No. 2016-
Ohio-8104.
Hamilton App. No. C-150417. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1831. State ex rel. Schroeder v. Cleveland,
Slip Opinion No. 2016-Ohio8105.
In Mandamus. Cause dismissed.
O’Connor, C.J., Pfeifer, Lanzinger, and O’Neill,
JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy and French, JJ.
2015-1879. State ex rel. Carroll v. Gallion
Assisted Living Ltd., Slip Opinion No. 2016-Ohio-
8117.
Franklin App. No. 14AP-944, 2015-Ohio-4874.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-1380. State ex. rel. Barton v. Supreme Court
of Ohio.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-1413. State ex rel. Thomas v. Basinski.
In Prohibition. On motion for judgment on
pleadings. Motion granted. O’Connor, C.J., and
Pfeifer, Lanzinger, Kennedy, and French, JJ.,
concur. O’Donnell and O’Neill, JJ., dissent and
would grant an alternative writ.
2016-1422. State ex rel. Marcelis v. Sloan.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-1438. Rasheed v. Orlando.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-1467. Nixon v. Portage Cty. Court of
Common Pleas.
In Mandamus. On complaint in mandamus of
David A. Nixon. On S.Ct.Prac.R.
12.04 determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1504. State v. Blair.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. On motion for entry of
judgment. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1994-2622. State v. Otte.
Cuyahoga App. No. 64617. On motion to stay
execution date. Motion denied. O’Neill, J.,
dissents.
2015-0612. State ex rel. Miller v. Bova.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
It is ordered by the court, sua sponte, that within
ten days of the date of this order respondents
shall submit under seal each offense and incident
report in the possession of the sheriff’s office that
is responsive to relator Mark Miller’s request so
that the court may review the records in camera to
determine which reports may be released and
which reports satisfy the definition of a “security
record” in R.C.
149.433.
2015-1568. State v. Raphael.
Warren App. Nos. CA2014-11-138 and CA2014-
11-139, 2015-3179. On pro se application for
reopening under S.Ct. Prac. R. 11.06 and pro se
motion for relief pursuant to Ohio S.Ct.R. 4.01.
Motions denied.
O’Neill, J., dissents, and would grant appellant’s
motion for relief.
2016-0732. West v. Second Dist. Court of
Appeals.
In Mandamus and Prohibition. On demand for
conclusion of law and facts, with full disclosure.
Demand denied.
2016-1088. State ex rel. Harrison v. Cuyahoga
Cty. Prosecutor.
In Mandamus. On motion to consolidate with case
number 2016-1429. Motion denied.
Kennedy, J., dissents.
2016-1491. State v. Meyer.
Franklin App. No. 15AP-589, 20156-Ohio-5638.
On motion to stay execution of sentence. Motion
denied.
Pfeifer and O’Donnell, JJ., dissent.
2016-1503. State v. Rice.
Lucas App. No. L-06-1343. On motion for leave to
file delayed appeal. Motion denied.
2016-1518. State v. Hall.
Cuyahoga App. No. 103747, 2016-Ohio-4569. On
motion for leave to file delayed appeal. Motion
denied.
2016-1528. State v. Curry.
Muskingum App. No. CT2015-0005, 2016-Ohio-
401. On motion for leave to file delayed appeal.
Motion denied.
2016-1535. State v. Reed.
Summit App. No. 27755, 2016-Ohio-5123. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1540. In re C.B.
Highland App. No. 16CA20. On motion for stay.
Motion denied. O’Donnell, J., dissents.
2016-1544. State v. Johnson.
Richland App. No. 15-CA-114, 2016-Ohio-5611.
On motion for leave to file delayed appeal. Motion
denied.
Pfeifer and O’Neill, JJ., dissent.
2016-1548. State v. Speelman.
Ashland App. No. 15-COA-045, 2016-Ohio-3409.
On motion for leave to file delayed appeal. Motion
granted.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2016-1579. State v. Thomas.
Cuyahoga App. No. 103759, 2016-Ohio-4961. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-1588. State v. Tracey.
Muskingum App. No. CT2015-0040, 2016-Ohio-
5255. On motion for leave to file delayed appeal.
Motion granted.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
2016-1589. State v. Johnson.
Cuyahoga App. No. 102047, 2016-Ohio-2622. On
motion for leave to file delayed appeal. Motion
denied.
O’Connor, C.J., and Pfeifer and Kennedy, JJ.,
dissent.
2016-1648. Fisher v. Doe.
Hamilton App. No. C-160226, 2016-Ohio-7383.
On emergency motion to stay appellate court
judgment and opinion. Motion denied.
APPEALS NOT ACCEPTED FOR REVIEW
2016-1429. State v. Harrison.
Cuyahoga App. No. 93132, 2016-Ohio-5398.
Motion to consolidate with case number 2016-
1088 denied as moot.
2016-1436. State v. Allen.
Cuyahoga App. No. 103148, 2016-Ohio-5400.
2016-1440. State v. Campbell.
Cuyahoga App. No. 102788, 2016-Ohio-5510.
O’Neill, J., dissents.
2016-1463. State v. Johnson.
Richland App. No. 15CA89, 2016-Ohio-3000.
2016-1466. State v. Matthews.
Cuyahoga App. No. 101276.
2016-1470. State v. Teitelbaum.
Franklin App. No. 14AP-310, 2016-Ohio-3524.
Appellee’s motion to strike memorandum in
support of jurisdiction and motion to dismiss
denied as moot.
2016-1558. State v. Banks.
Lake App. No. 2015-L-128, 2016-Ohio-4925.
RECONSIDERATION OF PRIOR DECISIONS
2015-1670. State ex rel. Bunting v. Styer.
Tuscarawas App. No. 2014 AP 12 0054, 2015-
Ohio-3662. Reported at __ Ohio St.3d __, 2016-
Ohio-5781, __ N.E.3d __. On motion for
reconsideration. Motion denied.
2016-0395. In re C.C.S.
Franklin App. No. 15AP-884, 2016-Ohio-388.
Reported at __ Ohio St.3d __, 2016-Ohio-7472,
__ N.E.3d __. On motion for reconsideration.
Motion denied. On motion for stay of adoption
proceeding pending ruling on reconsideration.
Motion denied.
Pfeifer, Kennedy, and French, JJ., dissent.
2016-0809. Pontius v. Riverside Radiology &
Interventional Assocs., Inc.
Franklin App. No. 15AP-906, 2016-Ohio-1515.
Reported at 146 Ohio St.3d 1503, 2016-Ohio-
5792, 58 N.E.3d 1174. On motion for
reconsideration. Motion denied. On appellee’s
motion to strike notice of supplemental authority.
Motion granted.
O’Connor, C.J., and O’Neill, J., dissent and would
deny the motion to strike.
O’Donnell and Kennedy, JJ., dissent and would
grant the motion for reconsideration.
French, J., dissents and would grant the motion
for reconsideration and deny the motion to strike.
2016-0884. Brooklyn v. Woods.
Cuyahoga App. No. 103120, 2016-Ohio-1223.
Reported at 146 Ohio St.3d 1514, 2016-Ohio-
7199, 60 N.E.3d 6. On motion for reconsideration.
Motion denied.
2016-0922. Sparks v. Sparks.
Warren App. No. CA2015-10-095, 2016-Ohio-
2896. Reported at 146 Ohio St.3d 1515, 2016-
Ohio-7199, 60 N.E.3d 7. On motion for
reconsideration. Motion denied. On motion to
strike memorandum in response. Motion denied
as moot.
2016-0939. Lee v. Ellison.
Hamilton App. No. C-150580. Reported at 146
Ohio St.3d 1515, 2016-Ohio-7199, 60 N.E.3d 7.
On motion for reconsideration. Motion denied.
CASE ANNOUNCEMENTS
December 12, 2016
[Cite as 12/12/16 Case Announcements, 2016-
Ohio-8089.]
MOTION AND PROCEDURAL RULINGS
In re Parker.
On March 4, 2010, Deborah A. Parker was found
to be a vexatious litigator under S.Ct.Prac.R.
4.03(B) and was prohibited from continuing or
instituting any affidavits of disqualification without
first obtaining leave. On December 7, 2016,
Parker submitted a motion for leave.
It is ordered by the court that the motion for leave
is denied.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1712. HCP EMOH, L.L.C. v. Washington
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-700.
2016-1713. Beavercreek Towne Station, L.L.C. v.
Greene Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.
2016-1752. ARCP LS Lakewood, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1853.
2016-1753. ARCP LS Lakewood, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1852.
2016-1754. ARCP LS Lakewood, OH, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1854.
2016-1759. State ex rel. Goff v. Indus. Comm.
Franklin App. No. 15AP-1016, 2016-Ohio-7270.
2016-1760. Fazio v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2016-678.
2016-1766. Three Harbor Berea 3035, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2252.
2016-1776. State ex rel. Hogan Lovells U.S.,
L.L.P. v. Ohio Dept. of Rehab. and Corr.
In Mandamus.
2016-1785. 600 Pioneer, L.L.C./CVS 3346, OH,
L.L.C. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2144.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-1773. State ex rel. Sunesis Constr. Co. v.
Indus. Comm. of Ohio.
Franklin App. No. 13AP-449, 2015-Ohio-3973.
2015-2111. Dulay v. Testa.
Board of Tax Appeals, No. 2014-2074.
2 12-12-16
2016-0551. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4633.
2016-1427. Realty Income Properties 24, L.L.C. v.
Delaware Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2413 and 2015-
2414.
2016-1468. Bronx Park South III Lancaster, L.L.C.
v. Fairfield Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-973.
2016-1560. Centerville City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2364.
2016-1575. State ex rel. Ohio Paperboard v.
Indus. Comm.
Franklin App. No. 15AP-871, 2016-Ohio-7005.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01.
The respondents shall file a response to the
complaint within 21 days of the date of this entry.
2016-0747. State ex rel. Beavercreek Twp. Fiscal
Officer v. Graff.
In Mandamus.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01.
The relator may file a response to respondents’
motion to dismiss within 10 days of the date of
this entry.
2016-1449. State ex rel. Jochum v. Lake Cty.
Common Pleas Court.
In Prohibition.
3 12-12-16
CASE ANNOUNCEMENTS
December 13, 2016
[Cite as 12/13/2016 Case Announcements, 2016-
Ohio-8106.]
MERIT DECISIONS WITH OPINIONS
2013-0915. State v. Cepec, Slip Opinion No.
2016-Ohio-8076.
Medina C.P. No. 10-CR-0588. Judgment and
sentence affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., concurs in part and dissents in part for
the reasons set forth in his dissenting opinion in
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900.
2014-0990. State v. V.M.D., Slip Opinion No.
2016-Ohio-8090.
Cuyahoga App. No. 100522, 2014-Ohio-1844.
Judgment reversed and trial-court judgment
reinstated.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1669. Lunn v. Lorain Cty. Bd. of Revision,
Slip Opinion No. 2016-Ohio8075.
Board of Tax Appeals, No. 2013-2661. Decision
reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents, with an opinion joined by
O’Neill, J.
2014-1771. Musto v. Lorain Cty. Bd. of Revision,
Slip Opinion No. 2016Ohio-8058.
Board of Tax Appeals, No. 2013-4191. Decision
affirmed. O’Connor, C.J., and O’Donnell,
Lanzinger, and French, JJ., concur.
Kennedy, J., concurs in judgment only.
O’Neill, J., dissents, with an opinion joined by
Pfeifer, J.
MOTION AND PROCEDURAL RULINGS
2016-0510. Adams v. Testa.
Board of Tax Appeals, No. 2015-2244. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ amended
request for oral argument, it is ordered by the
court that the amended request is granted.
2016-0778. MacDonald v. Cleveland Bd. of Rev.
Board of Tax Appeals, No. 2009-1130. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ request for oral
argument, it is ordered by the court that the
request is granted.
2 12-13-16
CASE ANNOUNCEMENTS
December 9, 2016
[Cite as 12/09/2016 Case Announcements, 2016-
Ohio-8061.]
MOTION AND PROCEDURAL RULINGS
2014-1862. State v. Myers.
Warren C.P. No. 14CR29826. This cause is
pending before the court as an appeal from the
Court of Common Pleas of Warren County.
Upon consideration of appellant’s application for
interim attorney fees and/or expenses, it is
ordered by the court that the application is
granted. Counsel for appellant may file
applications for attorney’s fees at the completion
of briefing and upon completion of the case.
2015-2055. Navistar, Inc. v. Levin.
Board of Tax Appeals, No. 2010-575. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s request for
“argument before full court/not commissioner,” it is
ordered by the court that the request is denied.
2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-279 and 2015-
280. This cause is pending before the court as an
appeal from the Board of Tax Appeals.
It is ordered by the court, sua sponte, that this
cause be scheduled for oral argument before the
full court.
2015-2105. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3918. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s motion for oral
argument, it is ordered by
the court that the motion is granted.
2016-0102. NWD 300 Spring, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-106, 2015-123
through 2015-145, 2015-147 through 2015-164,
2015-169 through 2015-182, 2015-184 through
2015-190, 2015-193, and 2015-194. This cause is
pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ request for oral
argument, it is ordered by the court that the
request is granted.
2016-0256. Adams v. Testa.
Board of Tax Appeals, No. 2015-1090. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ request for oral
argument, it is ordered by the court that the
request is granted.
2016-0495. Buckeye Terminals, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4958. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s request for oral
argument before the full court rather than a
master commissioner, it is ordered by the court
that the request is granted.
2 12-09-16
CASE ANNOUNCEMENTS
December 7, 2016
[Cite as 12/07/2016 Case Announcements #2,
2016-Ohio-8034.]
MOTION AND PROCEDURAL RULINGS
2016-1651. May v. Delaware Cty. Dept. of Job &
Family Servs.
In Mandamus and Procedendo. This cause
originated in this court on the filing of a complaint
for a writ of mandamus and/or procedendo
involving termination of parental rights/adoption.
It is ordered by the court, sua sponte, that
respondent shall file a response, if any, to relators’
emergency motion to expedite response no later
than 12:00 p.m. on Friday, December 9, 2016.
CASE ANNOUNCEMENTS
December 8, 2016
[Cite as 12/08/2016 Case Announcements, 2016-
Ohio-8033.]
MERIT DECISIONS WITH OPINIONS
2011-1921. State v. Sowell, Slip Opinion No.
2016-Ohio-8025.
Cuyahoga C.P. No. CR-09-530885. Judgment
affirmed.
Pfeifer, O’Donnell, Lanzinger, Kennedy, and
French, JJ., concur.
O’Connor, C.J., dissents, with an opinion.
O’Neill, J., dissents, with an opinion joined in part
by O’Connor, C.J.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm., Slip
Opinion No. 2016-Ohio-8024.
Franklin App. No. 14AP-624, 2015-Ohio-2122.
Judgment reversed and writ granted.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents, with an opinion joined by
O’Neill, J.
2016-0851. Disciplinary Counsel v. Champion,
Slip Opinion No. 2016-Ohio8023.
On Certified Report by the Board of Professional
Conduct, No. 2015-071. Timothy Harman
Champion, Attorney Registration No. 0040254, is
hereby suspended from the practice of law for one
year, fully stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents and would remand the cause
to the Board of Professional Conduct to consider
increasing the severity of the sanction imposed
upon the respondent.
2016-0852. Disciplinary Counsel v. Mickens, Slip
Opinion No. 2016-Ohio8022. On Certified Report
by the Board of Professional Conduct, No. 2015-
051. Charles Gary Mickens, Attorney Registration
No. 0052024, is hereby publicly reprimanded.
Pfeifer, Lanzinger, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., and O’Donnell, J., dissent and
would remand the cause to the Board of
Professional Conduct to consider increasing the
severity of the sanction imposed upon the
respondent.
MOTION AND PROCEDURAL RULINGS
2016-1617. State v. Anderson.
Franklin App. No. 15AP-1082, 2016-Ohio-5946.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion to seal
memorandum in support of jurisdiction, it is
ordered by the court that the motion is denied.
It is further ordered by the court, sua sponte, that
appellant shall come to the clerk’s office within ten
days of the date of this entry and redact from the
memorandum in support of jurisdiction all
references to the victim in this case and replace
them with the initials of the victim.
2 12-08-16
CASE ANNOUNCEMENTS
December 7, 2016
[Cite as 12/07/2016 Case Announcements, 2016-
Ohio-8021.]
MERIT DECISIONS WITH OPINIONS
2015-1127. Burnham v. Cleveland Clinic, Slip
Opinion No. 2016-Ohio-8000.
Cuyahoga App. No. 102038, 2015-Ohio-2044.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
concur.
Kennedy, J., concurs in judgment only, with an
opinion joined by O’Donnell and French, JJ.
Pfeifer, J., dissents, with an opinion.
2015-1181 and 2015-1182. In re Grand Jury
Proceedings of John Doe, Slip Opinion No. 2016-
Ohio-8001.
Cuyahoga App. No. 102977. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., concurs in judgment and concurs in
paragraph two of the syllabus.
Kennedy, J., concurs in judgment only, with an
opinion joined by French, J.
2015-1204. State ex rel. Cleveland v. Indus.
Comm., Slip Opinion No. 2016Ohio-8015.
Franklin App. No. 13AP-1069, 2015-Ohio-2165.
Judgment affirmed. Oral
argument canceled.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., dissent and urge oral
argument in this case for the reasons stated in the
dissenting opinion in State ex rel. BF Goodrich
Co., Specialty Chems. Div. v. Indus. Comm.
2015-1230. James v. State, Slip Opinion No.
2016-Ohio-8012.
Clark App. No. 2013-CA-28, 2015-Ohio-623.
Judgment reversed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents, with an opinion.
2015-0724. Ratonel v. Roetzel & Andress, L.P.A.,
Slip Opinion No. 2016Ohio-8013.
Montgomery App. No. 26259, 2015-Ohio-1166.
Judgment reversed.
O’Donnell, Pfeifer, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
Luper-Schuster, J., dissents.
Betsy Luper-Schuster, of the Tenth District Court
of Appeals, sitting for O’Connor, C.J.
2016-0858. Disciplinary Counsel v. Tamburrino,
Slip Opinion No. 2016-Ohio8014.
On Certified Report by the Board of Professional
Conduct, No. 2015-078. Ronnie Michael
Tamburrino, Attorney Registration No. 0021594, is
hereby suspended from the practice of law for one
year, with the final six months stayed on
conditions.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., concurs in judgment only.
French, J., dissents, with an opinion joined by
Kennedy, J.
MOTION AND PROCEDURAL RULINGS
2016-1708. Englehart v. Bluett.
Hamilton App. No. C-160189, 2016-Ohio-7237.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of T. Lawrence Hicks, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
MISCELLANEOUS DISMISSALS
2016-1412. State ex rel. Davie v. Calabrese.
2 12-07-16
Cuyahoga App. No. 104205, 2016-Ohio-5420.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County. The records of this court indicate that
appellant has not filed a merit brief, due
December 1, 2016, in compliance with the Rules
of Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
3 12-07-16
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
December 6, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
Cecil Leon Smith, 23, 1218 Spring Ave NE,
Canton – Participating in a Criminal Gang,
Carrying Concealed Weapons, Improperly
Handling Firearms in a Motor Vehicle
Joshua James Preusser, 37, 320 Roxbury Ave,
Massillon – Possession of Cocaine
Marlon Lamar Brooks, 27, 802 12th Street Apt #7,
Canton – Criminal Damaging or Endangering
Manranzano Kavon Grimes, 26, 1127 Dougherty
Pl. NW, Canton – Possession of Marijuana
Lavasia Sharisse Williams, 32, 1127 Dougherty
Pl. NW, Canton – Possession of Marijuana
Tabitha Sue Moore, 30, 700 McKinley Ave,
Canton – Forgery, 4 Counts, Receiving Stolen
Property, 4 Counts
William Cody Suttle, 18, 917 Gilmore Ave NW,
Canton – Receiving Stolen Property,
3 Counts
Rebecca Lynn Vore, 32, 2316 Gridley Ave NE,
Canton – Assault, Petty Theft
Ishauna Lateais Williams, 20, 1305 18th Street
NW, Canton – Forgery, Theft
Andre Joe Weber, 37, 2100 Lakeside Ave East,
Cleveland – Forgery
Sean Joseph Goe, 19, 3323 Norman Ave NW,
Canton – Receiving Stolen Property
Rebecca Sue Audi, 51, 4446 Star St. NW, Canton
– Receiving Stolen Property
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
Isaac Jameson Fransico, 27, 419 East 112th
Street, Cleveland – Felonious Assault, Having
Weapons While Under Disability
Tylor Charles Gbor, 20, 1605 Fourth Street NW,
Apt #7, Canton – Trespass into Habitation
Justin Anthony Bamba, 32, 1507 17th Street NW,
Canton – Domestic Violence
Frank Jermel Meely, 25, 1946 Otto Place NE,
Canton – Felonious Assault, Vandalism
CASE ANNOUNCEMENTS
December 5, 2016
[Cite as 12/05/2016 Case Announcements, 2016-
Ohio-7985.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MONTH
DECEMBER 5, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the December 5, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format. 2011-0857. State
v. Obermiller, 147 Ohio St.3d 175, 2016-Ohio-
1594. 2013-1987. Dayton Bar Assn. v. Swift, 147
Ohio St.3d 1210, 2016-Ohio-2995. 2014-1267.
State ex rel. Maddox v. Lincoln Hts., 147 Ohio
St.3d 213, 2016
Ohio-5001.
2014-1315. In re M.R., 147 Ohio St.3d 216, 2016-
Ohio-5451.
2014-2157. Disciplinary Counsel v. Terry, 147
Ohio St.3d 169, 2016-Ohio-563.
2016-0994. Disciplinary Counsel v. DeMasi, 147
Ohio St.3d 1211, 2016-Ohio
5220. 2016-1340. Disciplinary Counsel v.
Cummings, 147 Ohio St.3d 1214, 2016Ohio-7294.
MOTION AND PROCEDURAL RULINGS
In re Parker.
On March 4, 2010, Deborah A. Parker was found
to be a vexatious litigator under S.Ct.Prac.R.
4.03(B) and was prohibited from continuing or
instituting any affidavits of disqualification without
first obtaining leave. On November 29, 2016,
Parker submitted a motion for leave to file an
affidavit of disqualification.
It is ordered by the court that the motion for leave
is denied.
2016-1568. Eckert v. Summit Cty. Pub. Health.
Summit App. No. 27844, 2016-Ohio-7076. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for stay,
it is ordered by the court that the motion is denied.
MEDIATION MATTERS
2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2046. The court
refers this case to mediation under S.Ct.Prac.R.
19.01 and stays all filing deadlines for this case
until further order of this court. The court will not
issue any decision on the merits of this case until
mediation has concluded.
2 12-05-16
CASE ANNOUNCEMENTS
December 6, 2016
[Cite as 12/06/2016 Case Announcements, 2016-
Ohio-7999.]
MERIT DECISIONS WITH OPINIONS
2015-1243. State ex rel. BF Goodrich Co.,
Specialty Chems. Div. v. Indus. Comm., Slip
Opinion No. 2016-Ohio-7988.
Franklin App. No. 13AP-1056, 2015-Ohio-2239.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy, J.
2015-0390. State ex rel. Cincinnati Enquirer v.
Ohio Dept. of Pub. Safety, Slip Opinion No. 2016-
Ohio-7987.
In Mandamus. Request for attorney fees, statutory
damages, and costs denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., concurs in part and dissents in part,
with an opinion.
MEDIATION MATTERS
2016-1568. Eckert v. Summit Cty. Pub. Health.
Summit App. No. 27844, 2016-Ohio-7076. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for referral to
mediation or, in the alternative, extension of time
to facilitate mediation, it is ordered by the court
that the motion is granted. The court refers this
case to mediation under S.Ct.Prac.R. 19.01, and
stays all filing deadlines for this case until further
order of this court. The court will not issue any
decision on the merits of this case until mediation
has concluded.
CASE ANNOUNCEMENTS
December 1, 2016
[Cite as 12/01/2016 Case Announcements #2,
2016-Ohio-7975.]
MOTION AND PROCEDURAL RULINGS
2016-1738. Panezich v. Green.
Mahoning App. No. 16 MA 0163. This cause is
pending before the court as an appeal from the
Court of Appeals for Mahoning County.
It is ordered by the court, sua sponte, that
appellee shall file a response, if any, to appellant’s
emergency motion to shorten response time and
for expedited processing no later than Tuesday,
December 6, 2016.
CASE ANNOUNCEMENTS
December 2, 2016
[Cite as 12/02/2016 Case Announcements, 2016-
Ohio-7973.]
MOTION AND PROCEDURAL RULINGS
2016-1672. In re A.B.
Hamilton App. No. C-150743. This cause is
pending before the court as an appeal involving
the termination of parental rights or adoption.
Upon review of appellees’ motion to correct case
type per S.Ct.Prac.R. 7.01, it is ordered that the
motion is granted. This appeal shall proceed as a
standard jurisdictional appeal, and appellees’
memorandum in response is due no later than
December 14, 2016.
DISCIPLINARY CASES
2016-0370. Disciplinary Counsel v. Leneghan.
On certification of default. Patrick Peter
Leneghan, Attorney Registration No. 0041931, is
hereby indefinitely suspended from the practice of
law.
2016-1654. In re Resignation of Richman.
On application for resignation of Brian H.
Richman, Attorney Registration No. 0013467, and
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2016-1659. In re Resignation of Feighan.
On application for resignation of Joseph English
Feighan III, Attorney Registration No. 0066256,
and report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
CASE ANNOUNCEMENTS
December 1, 2016
[Cite as 12/01/2016 Case Announcements, 2016-
Ohio-7957.]
DISCIPLINARY CASES
2016-1569. Disciplinary Counsel v. Garber.
On certified order of the Supreme Court of
California, No. S234942. Ronald David Garber,
Attorney Registration No. 0046371, is hereby
indefinitely suspended from the practice of law in
Ohio.
MISCELLANEOUS DISMISSALS
2016-1143. Mansfield Mem. Homes v. Wallace
Mgt. Corp.
Cuyahoga App. No. 104220. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
November 30, 2016
[Cite as 11/30/2016 Case Announcements, 2016-
Ohio-7941.]
MOTION AND PROCEDURAL RULINGS
2016-1205. NHI-REIT of Ohio, L.L.C. v. Union Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-1519. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
December Disciplinary Hearings Announced
Staff Report | November 30, 2016
The Ohio Board of Professional Conduct today
announced the December disciplinary hearings
involving attorneys and judges charged with
professional misconduct. All hearings take place
before a three-member panel of the board and are
open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
Dec. 8
Mahoning County Bar Association v. Charles
Walter Theisler (Petition for Reinstatement)
Case No. 2005-012
Respondent’s address: 2111 Woodland Trace,
Austintown
Respondent’s counsel: George D. Jonson and
Lisa M. Zaring, Cincinnati
Hearing Time/Location: 1 p.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., West
Hearing Room 104, Columbus
Lorain County Bar Association v. Anisa Asha
Williamson
Case No. 2016-031
Respondent’s address: 10339 Giverny Boulevard,
Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 1:30 p.m.; Moyer Judicial
Center, Court of Claims, Courtroom 4A
Dec. 20
Disciplinary Counsel v. Patricia Ann Pickrel
Case No. 2016-024
Respondent’s address: 1081 Kenworthy Place,
Centerville
Respondent’s counsel: Martin A. Beyer, Dayton
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
CASE ANNOUNCEMENTS
November 22, 2016
[Cite as 11/22/2016 Case Announcements, 2016-
Ohio-7852.]
MERIT DECISIONS WITH OPINIONS
2016-0260. Cincinnati Bar Assn. v. Hauck, Slip
Opinion No. 2016-Ohio-7826.
On Certified Report by the Board of Professional
Conduct, No. 2014-098. John Wesche Hauck,
Attorney Registration No. 0023153, is hereby
suspended from the practice of law for two years,
with the second year stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2016-0304. State ex rel. Rohrer v. Holzapfel, Slip
Opinion No. 2016-Ohio7827.
Ross App. No. 15CA3508. Judgment affirmed and
motion denied.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., concurs in judgment only.
2016-0309. Robinson v. Miller, Slip Opinion No.
2016-Ohio-7828.
Belmont App. No. 15 BE 62. Judgment affirmed.
O’Donnell, Lanzinger, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., dissents.
O’Neill, J., dissents, with an opinion joined by
Pfeifer, J.
2016-0854. Geauga Cty. Bar Assn. v. Snavely,
Slip Opinion No. 2016-Ohio7829.
On Certified Report by the Board of Professional
Conduct, No. 2015-034. Carly
L. Snavely, Attorney Registration No. 0081569, is
hereby suspended from the
practice of law for two years, with the final 18
months stayed on conditions. O’Connor, C.J., and
Pfeifer, Lanzinger, French, and O’Neill, JJ.,
concur. O’Donnell, J., dissents, with an opinion
joined by Kennedy, J.
2016-0857. Disciplinary Counsel v. Ames, Slip
Opinion No. 2016-Ohio-7830.
On Certified Report by the Board of Professional
Conduct, No. 2015-079. Arthur Anould Ames,
Attorney Registration No. 0018227, is hereby
suspended from the practice of law for two years,
with the final six months stayed.
Pfeifer, Lanzinger, French, and O’Neill, JJ.,
concur.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent and would remand the cause to the Board
of Professional Conduct, to reconsider the
decision to grant respondent credit for time served
under interim felony suspension.
2 11-22-16
CASE ANNOUNCEMENTS
November 21, 2016
[Cite as 11/21/2016 Case Announcements, 2016-
Ohio-7813.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF NOVEMBER 21,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the November 21, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2014-0718. State v. Arnold, 147 Ohio St.3d 138,
2016-Ohio-1595.
2014-0957. Cannata v. Cuyahoga Cty. Bd. of
Revision, 147 Ohio St.3d 129, 2016-Ohio-1094.
2014-1092. Clayton v. Ohio Bd. of Nursing, 147
Ohio St.3d 114, 2016-Ohio
643.
2014-1505. In re Application of Dayton Power &
Light Co., 147 Ohio St.3d 166, 2016-Ohio-3490.
2015-0956. State v. Overholser, 147 Ohio St.3d
165, 2016-Ohio-2969. 2015-1596. State v.
McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971.
2016-0003 and 2016-0152. State v. Washington,
147 Ohio St.3d 168, 2016
Ohio-5152.
MERIT DECISIONS WITH OPINIONS
2014-0733. State v. Kona, Slip Opinion No. 2016-
Ohio-7796.
Cuyahoga App. No. 100191, 2014-Ohio-1242.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell and French, JJ., dissent and would
dismiss the cause as improvidently allowed.
Kennedy, J., dissents and would affirm the
judgment for the reasons stated by the court of
appeals.
DISCIPLINARY CASES
2016-1690. In re Potts.
On certified entry of felony conviction. Timothy
Eugene Potts, Attorney Registration No. 0068147,
is hereby suspended from the practice of law for
an interim period.
2 11-21-16
CASE ANNOUNCEMENTS
November 17, 2016
[Cite as 11/17/2016 Case Announcements, 2016-
Ohio-7771.]
MERIT DECISIONS WITH OPINIONS
2015-0386. Crutchfield Corp. v. Testa, Slip
Opinion No. 2016-Ohio-7760.
Board of Tax Appeals, Nos. 2012-926, 2012-3068,
and 2013-2021. Decision
affirmed. O’Connor, C.J., and Pfeifer, O’Donnell,
French, and O’Neill, JJ., concur. Kennedy, J.,
dissents, with an opinion joined by Lanzinger, J.
2015-0483. Newegg, Inc. v. Testa, Slip Opinion
No. 2016-Ohio-7762.
Board of Tax Appeals, No. 2012-0234. Decision
affirmed. O’Connor, C.J., and Pfeifer, O’Donnell,
French, and O’Neill, JJ., concur. Lanzinger and
Kennedy, JJ., dissent and would reverse the
decision of the
Board of Tax Appeals for the reasons stated in the
dissenting opinion in 20150386, Crutchfield v.
Testa.
2015-0794. Mason Cos., Inc. v. Testa, Slip
Opinion No. 2016-Ohio-7768.
Board of Tax Appeals, Nos. 2012-1169 and 2012-
2806. Decision affirmed. O’Connor, C.J., and
Pfeifer, O’Donnell, French, and O’Neill, JJ.,
concur. Lanzinger and Kennedy, JJ., dissent and
would reverse the decision of the
Board of Tax Appeals for the reasons stated in the
dissenting opinion in 20150386, Crutchfield v.
Testa.
MOTION AND PROCEDURAL RULINGS
2016-0672. State v. Mohamed.
Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116. This cause is pending before the court
as an appeal from the Court of Appeals for
Cuyahoga County.
Upon consideration of appellant’s motion to avoid
dismissal for want of prosecution, it is ordered by
the court that the motion is granted. Appellant
shall file its merit brief within five days of the date
of this entry, and the case shall proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.04.
2016-1586. Goodrich Corp. v. PolyOne Corp.
Summit App. No. 27691, 2016-Ohio-1068. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the amended motion for
admission pro hac vice of Samuel D. Hinkle IV
and motion for admission pro hac vice of David A.
Super, it is ordered by the court that the motions
are granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days of the date of
this entry.
2 11-17-16
CASE ANNOUNCEMENTS
November 16, 2016
[Cite as 11/16/2016 Case Announcements, 2016-
Ohio-7759.]
MERIT DECISIONS WITH OPINIONS
2015-1347. State ex rel. Manpower of Dayton,
Inc. v. Indus. Comm., Slip Opinion No. 2016-Ohio-
7741.
Franklin App. No. 14AP-376, 2015-Ohio-2650.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1419. Smith v. Erie Ins. Co., Slip Opinion
No. 2016-Ohio-7742.
Ottawa App. No. OT-15-005, 2015-Ohio-3078.
Judgment affirmed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
Kennedy, J., dissents, with an opinion joined by
O’Donnell and French, JJ.
DISCIPLINARY CASES
2016-1576. In re Resignation of Winters.
On application for resignation of Steven Bruce
Winters, Attorney Registration No. 0066037, and
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
CASE ANNOUNCEMENTS
November 15, 2016
[Cite as 11/15/2016 Case Announcements, 2016-
Ohio-7748.]
MERIT DECISIONS WITH OPINIONS
2015-2080. State ex rel. Durrani v. Ruehlman, Slip
Opinion No. 2016-Ohio7740.
Hamilton App. No. C-1500547. Judgment
reversed and motion denied.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and O’Neill, JJ., concur.
French, J., concurs in judgment only.
Pfeifer, J., dissents and would affirm the judgment
of the court of appeals.
MOTION AND PROCEDURAL RULINGS
2016-1006. State v. Madison.
Cuyahoga C.P. No. CR-13-579539-A. This cause
is pending before the court as an appeal from the
Court of Common Pleas of Cuyahoga County.
Upon consideration of appellant’s second motion
for extension of time to transmit the record, it is
ordered by the court that the motion is granted.
The record shall be filed no later than January 9,
2017.
2016-1394. Johnson v. Shaker Heights Mun.
Court.
In Mandamus. It is ordered by the court, sua
sponte, that S.Ct.Prac.R. 19.01(A)(3)
notwithstanding, relator John Johnson may file a
motion for joinder in this case within ten days of
the date of this entry.
CASE ANNOUNCEMENTS
November 10, 2016
[Cite as 11/10/2016 Case Announcements, 2016-
Ohio-7682.]
MERIT DECISIONS WITH OPINIONS
2015-1478. State v. Williams, Slip Opinion No.
2016-Ohio-7658.
Summit App. No. 27482, 2015-Ohio-2632.
Judgment affirmed as modified.
O’Connor, C.J., and Pfeifer, O’Donnell, and
O’Neill, JJ., concur.
Lanzinger, J., dissents, with an opinion joined by
French, J.
Kennedy, J., dissents, with an opinion.
2016-0231. State ex rel. Dynamic Industries, Inc.
v. Cincinnati, Slip Opinion No. 2016-Ohio-7663.
Hamilton App. No. C-150563. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
DISCIPLINARY CASES
2013-1262. Disciplinary Counsel v. Thompson.
On August 26, 2016, respondent, Harold Lee
Thompson, filed an application for termination of
probation. Upon consideration thereof, the court
finds that respondent has substantially complied
with Gov.Bar R. V(21)(D) and with its order, dated
February 6, 2015, in which the court reinstated
respondent to the practice of law and placed him
on monitored probation for a period of 18 months.
On consideration thereof, it is ordered by this
court that the probation of respondent, Harold Lee
Thompson, Attorney Registration No. 0033253,
last known business address in Columbus, Ohio,
is terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1553. NRG Power Midwest, L.P. v. Lorain
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-874 and 2015-
890.
2016-1560. Centerville City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2364.
2016-1575. State ex rel. Ohio Paperboard v.
Indus. Comm.
Franklin App. No. 15AP-871, 2016-Ohio-7005.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2016-0267. Kettering City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4889.
2016-1469. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2136.
2 11-10-16
CASE ANNOUNCEMENTS
November 9, 2016
[Cite as 11/09/2016 Case Announcements #2,
2016-Ohio-7681.]
MOTION AND PROCEDURAL RULINGS
1997-1474. State v. Sheppard.
Hamilton App. Nos. C-950402 and C-950744.
This cause came on for further consideration
upon the filing of appellant’s motion for order or
relief. It is ordered by the court that the motion is
denied.
O’Neill, J., dissents and would remand the case to
the trial court for resentencing in accordance with
Hurst v. Florida, __ U.S. __, 136 S.Ct. 616, 193
L.Ed.2d 504 (2016).
1998-0019. State v. Fears.
Hamilton C.P. No. B9702360B. This cause came
on for further consideration upon the filing of
appellant’s motion for stay of execution pending
determination of the applicability of Hurst v.
Florida, __ U.S. __, 136 S.Ct. 616, 193 L.Ed.2d
504 (2016), to Angelo Fears’s death sentence. It
is ordered by the court that the motion is denied.
It is further ordered that appellant’s motion for
leave to file a reply to the memorandum in
opposition to stay of execution is granted.
O’Neill, J., dissents and would grant the motion
for stay of execution.
1999-0395. State v. Myers.
Greene App. No. 96CA38. This cause came on
for further consideration upon the filing of
appellant’s motion for order or relief. It is ordered
by the court that the motion is denied.
O’Neill, J., dissents.
2001-1518. State v. Gapen.
Montgomery C.P. No. 2000CR02945. This cause
came on for further consideration upon the filing
of appellant’s motion for order or relief. It is
ordered by the court that the motion is denied.
It is further ordered that the motion of amicus
curiae, Franklin County Prosecuting Attorney Ron
O’Brien, for leave to file a memorandum in
support of the state of Ohio’s opposition to the
motion for order or relief is denied.
O’Donnell and Kennedy, JJ., dissent and would
grant the motion of amicus curiae for leave to file.
O’Neill, J., dissents and would grant appellant’s
motion for order or relief and would grant the
motion of amicus curiae for leave to file.
RECONSIDERATION OF PRIOR DECISIONS
2010-0854. State v. Kirkland.
Hamilton C.P. No. B0901629. Reported at 145
Ohio St.3d 1455, 2016-Ohio-2807, 49 N.E.3d 318.
On motion for reconsideration. Motion denied.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
2012-0902. State v. Belton.
Lucas C.P. No. CR0200802934000. Reported at
__ Ohio St.3d __, 2016-Ohio-1581, __ N.E.3d __.
On motion for reconsideration. Motion denied.
O’Neill, J., dissents.
2
11-09-16
CASE ANNOUNCEMENTS
November 9, 2016
[Cite as 11/09/2016 Case Announcements, 2016-
Ohio-7677.]
MERIT DECISIONS WITH OPINIONS
2015-1762. Robinson v. LaRose, Slip Opinion No.
2016-Ohio-7647.
Trumbull App. No. 2015-T-0051, 2015-Ohio-4323.
Judgment affirmed and motions denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1984. State ex rel. Cornwall v. Sutula, Slip
Opinion No. 2016-Ohio-7652.
Cuyahoga App. No. 103322, 2015-Ohio-4704.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0459. State ex rel. Cain v. Gee, Slip Opinion
No. 2016-Ohio-7653.
Miami App. No. 15-CA-27. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-1011. Kerns v. Simmers.
In Mandamus. It is ordered by the court that an
alternative writ is granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relators shall file a brief within 10 days of the filing
of the evidence; respondents shall file a brief
within 20 days after the filing of relators’ brief; and
relators may file a reply brief within 7 days after
the filing of respondents’ brief.
It is further ordered that respondents’ motion for
judgment on the pleadings is denied.
Pfeifer, O’Donnell, Kennedy, and O’Neill, JJ.,
concur.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
2016-1279. Staats v. Ferrero.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1309. State ex rel. Jordan v. Marshall.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., concurs in dismissal on authority of
State ex rel. Ervin v. Barker, 136 Ohio St.3d 160,
2013-Ohio-3171, 991 N.E.2d 1146 (“Because
[petitioner] has an adequate remedy at law by
way of appeal, he cannot establish the elements
for a writ of mandamus”), and State v. Thompson,
147 Ohio St.3d 29, 2016-Ohio-2769, 59 N.E.3d
1264 (“denial of a motion for jail-time credit
pursuant to R.C. 2929.19(B)(2)(g)(iii) is a final,
appealable order”).
2016-1311. State ex rel. Diaz v. Donnely.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1360. State v. Blair.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-1395. State v. Dye.
Fairfield App. No. 15-CA-65, 2016-Ohio-5065. On
review of an order certifying a conflict. The court
determines that a conflict exists. The parties are
ordered to brief the issue stated at page 2 of the
court of appeals’ entry filed August 30, 2016:
"Pursuant to R.C. 2953.52, must trial courts wait
until the applicable statute of limitations has
expired prior to sealing the records of a case
dismissed without prejudice?"
The conflict case is State v. C.K., First Dist.
Cuyahoga App. No. 99886, 2013-Ohio-5135.
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
Court of Appeals for Fairfield County.
Lanzinger and French, JJ., dissent.
2016-0645. Orr v. Lazaroff.
In Habeas Corpus. On petitioner’s motion
requesting full disclosure of proof, petitioner’s
objection against 16-0645 unconstitutional
judgment of dismissal, and petitioner’s motion to
set aside unconstitutional Title 27 16-0645
dismissal judgment. Objection and motions
denied.
2016-1384. State v. Schwab.
Athens App. No. 12CA39, 2013-Ohio-4349. On
motion for leave to file delayed appeal. Motion
denied.
O’Connor, C.J., dissents.
2016-1385. State v. Goldshtein.
Cuyahoga App. No. 104262. On motion for leave
to file delayed appeal. Motion denied. On motion
for stay of execution. Motion denied.
O’Donnell, J., dissents and would grant the
motion for leave to file a delayed appeal.
2016-1392. State v. Taylor.
Cuyahoga App. No. 104648. On motion for leave
to file delayed appeal. Motion denied.
2016-1399. State v. Johnson.
Hamilton App. Nos. C-150595 and C-150596,
2016-Ohio-4934. On motion for leave to file
delayed appeal. Motion granted.
Pfeifer and O’Donnell, JJ., dissent.
2016-1439. State v. White.
Lucas App. No. L-16-1138. On motion for stay of
judgment. Motion denied.
Pfeifer, J., dissents.
APPEALS ACCEPTED FOR REVIEW
2016-1014. Brecksville-Broadview Hts. Bd. of
Edn. v. Cuyahoga Cty. Bd. of Revision.
Cuyahoga App. No. 103015, 2016-Ohio-3166.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0810. Sivit v. Village Green of Beachwood,
L.P.
Cuyahoga App. Nos. 103340 and 103498, 2016-
Ohio-2940. Appeal and cross-
appeal not accepted. Pfeifer, J., dissents and
would accept the appeal and the cross-appeal.
Lanzinger, J., dissents and would accept the
appeal on Proposition of Law
No. II. O’Neill, J., dissents and would accept the
appeal.
2016-0896. In re Guardianship of Sweeney.
Cuyahoga App. No. 103285, 2016-Ohio-3260.
O’Donnell, J., dissents.
2016-0945. Wiltz v. Ohio Civ. Rights Comm.
Knox App. No. 15CA21, 2016-Ohio-3046.
2016-0984. State v. Randle.
Cuyahoga App. No. 103264, 2016-Ohio-3059.
Pfeifer and O’Neill, JJ., dissent.
2016-0988. State v. Montanez-Roldon.
Cuyahoga App. No. 103509, 2016-Ohio-3062.
2016-0993. State v. Scott.
Licking App. Nos. 15 CA 82 and 15 CA 81, 2016-
Ohio-3488.
2016-0998. Sky Bank v. Colley.
Franklin App. Nos. 15AP-736 and 15AP-737,
2016-Ohio-3139.
2016-0999. State v. Nitsche.
Cuyahoga App. No. 103174, 2016-Ohio-3170.
2016-1000. Parham v. McManamon.
Cuyahoga App. No. 103679, 2016-Ohio-3264.
2016-1002. Burkhart Family Trust v. Antero
Resources Corp.
Monroe App. Nos. 14 MO 0019 and 14 MO 0020,
2016-Ohio-4817. Pfeifer, Kennedy, and O’Neill,
JJ., dissent.
2016-1004. State v. Shine.
Trumbull App. No. 2015-T-0006, 2016-Ohio-3123.
2016-1009. Nieman v. Moving Ins., L.L.C.
Hamilton App. No. C-150666. Pfeifer, O’Donnell
and O’Neill, JJ., dissent.
2016-1016. State v. Marshall.
Hamilton App. No. C-150383, 2016-Ohio-3184.
2016-1021. Cracraft v. Dayton Power & Light Co.
Montgomery App. No. 26808, 2016-Ohio-3272.
2016-1025. Branche v. Motorists Mut. Ins. Co.
Lake App. No. 2016-L-004, 2016-Ohio-3238.
Kennedy, J., dissents.
2016-1031. State v. Panning.
Van Wert App. No. 15-15-11, 2016-Ohio-3284.
2016-1034. Hetzer-Young v. Elano Corp.
Greene App. No. 2015-CA-38, 2016-Ohio-3356.
Pfeifer and O’Neill, JJ., dissent.
2016-1041. Brunner v. RJ Lipps, Inc.
Hamilton App. No. C-150601, 2016-Ohio-3231.
2016-1048. State v. Carnahan.
Defiance App. No. 4-15-18, 2016-Ohio-3213.
2016-1057. Jabr v. Ohio Dept. of Job & Family
Servs.
Franklin App. No. 15AP-1141, 2016-Ohio-4775.
Motion for judgment entry
denied as moot.
2016-1058. Jabr v. Ohio Dept. of Taxation.
Franklin App. No. 16AP-26, 2016-Ohio-4776.
Motion for judgment entry denied
as moot.
2016-1060. Vickers v. Canal Pointe Nursing Home
& Rehab. Ctr.
Summit App. No. 27757, 2016-Ohio-3244.
O’Donnell, J., dissents.
2016-1061. State v. Hunter.
Erie App. No. E-15-049.
2016-1070. Bond v. Pandolfi de Rinaldis.
Franklin App. No. 15AP-646, 2016-Ohio-3342.
2016-1109. State v. Williams.
Cuyahoga App. Nos. 103343 and 103350, 2016-
Ohio-3454.
2016-1121. State v. Hammock.
Richland App. No. 16CA37.
2016-1133. State v. Rickard.
Lucas App. No. L-16-1043, 2016-Ohio-4755.
2016-1135. State v. Williams.
Franklin App. No. 15AP-48, 2016-Ohio-4550.
2016-1221. Draughon v. Jenkins.
Ross App. No. 16CA3528, 2016-Ohio-5364.
Pfeifer, J., dissents.
2016-1265. State v. Huge.
Hamilton App. No. C-120388, 2013-Ohio-2160.
On motion to reclassify as appeal of right
pursuant to S.Ct.Prac.R. 5.01(A)(2). Motion
denied.
French, J., dissents, and would grant the motion
to reclassify and accept the cause.
2016-1379. State v. Connin.
Lucas App. No. L-11-1312, 2012-Ohio-4989. On
motion to exceed page limitation. Motion denied
as moot.
RECONSIDERATION OF PRIOR DECISIONS
2012-1212. State v. Montgomery.
Franklin C.P. No. 10CR-12-7125. Reported at __
Ohio St.3d __, 2016-Ohio-5585, __ N.E.3d __. On
motion for reconsideration. Motion granted in part,
to the extent that Paragraph 191 of the opinion is
modified to read as follows: “Moreover, we have
previously upheld the imposition of death where
the defendant was convicted of both the course-
of-conduct specification under R.C. 2929.04(A)(5)
and the escaping-detection specification under
R.C. 2929.04(A)(3). Bethel at ¶212, citing State v.
White, 85 Ohio St.3d 433, 457, 709 N.E.2d 140
(1999).” Motion denied in all other respects.
O’Donnell and Kennedy, JJ., dissent and would
deny the motion in its entirety.
O’Neill, J., dissents and would grant the motion.
2012-1644. State v. Jackson.
Trumbull App. No. 01-CR-794. Reported at __
Ohio St.3d __, 2016-Ohio-5488,
__ N.E.3d __. On motion for reconsideration.
Motion denied.
Lanzinger, J., dissents.
William A. Klatt, J., of the Tenth District Court of
Appeals, sitting for O’Neill, J.
2014-1909. Farnsworth v. Burkhart.
Monroe App. No. 13 MO 14, 2014-Ohio-4184.
Reported at __ Ohio St.3d __, 2016-Ohio-5816,
__ N.E.3d __. On motion for reconsideration.
Motion denied.
Pfeifer, J., dissents.
2015-1548. State ex rel. Ullmann v. Husted.
Franklin App. No. 14AP-863, 2015-Ohio-3120.
Reported at __ Ohio St.3d __, 2016-Ohio-5584,
__ N.E.3d __. On motion for reconsideration.
Motion denied.
O’Neill, J., dissents.
2016-0762. Walker v. Brewster.
Stark App. No. 2015CA00142, 2016-Ohio-1463.
Reported at 146 Ohio St.3d 1492, 2016-Ohio-
5585, 57 N.E.3d 1171. On motion for
reconsideration. Motion denied.
2016-0782. State v. Jackson.
Cuyahoga App. No. 103035, 2016-Ohio-704.
Reported at 146 Ohio St.3d 1492, 2016-Ohio-
5585, 57 N.E.3d 1171. On motion for
reconsideration. Motion granted. The
discretionary appeal is accepted. The clerk shall
issue an order for the transmittal of the record
from the Court of Appeals for Cuyahoga County,
and the parties shall brief this case in accordance
with the Rules of Practice of the Supreme Court of
Ohio.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
2016-0817. State v. Gall.
Montgomery App. Nos. 26240 and 26245, 2016-
Ohio-1562. Reported at 146 Ohio St.3d 1503,
2016-Ohio-5792, 58 N.E.3d 1174. On motion for
reconsideration. Motion denied.
2016-0920. In re Complaint Smith v. Ohio Power
Co.
Public Utilities Commission, No. 13-2109-EL-
CSS. Reported at 146 Ohio St.3d 1495, 2016-
Ohio-5642, 57 N.E.3d 1173. On motion for
reconsideration. Motion denied.
O’Neill, J., dissents.
CASE ANNOUNCEMENTS
November 8, 2016
[Cite as 11/08/2016 Case Announcements, 2016-
Ohio-7657.]
MERIT DECISIONS WITH OPINIONS
2014-1389. Cleveland Metro. Bar Assn. v. Zoller
and Mamone, Slip Opinion No. 2016-Ohio-7639.
On Certified Report by the Board of Professional
Conduct, No. 2013-060. Nancy Anne Zoller,
Attorney Registration No. 0037933, and Edward
James Mamone, Attorney Registration No.
0039310 are hereby suspended from the practice
of law in Ohio for one year.
O’Connor, C.J., and Pfeifer, O’Donnell, and
O’Neill, JJ., concur.
Lanzinger, J., dissents and would suspend
respondents for two years.
Kennedy and French, JJ., dissent and would
suspend respondent Zoller for one year and
suspend respondent Mamone for six months, with
both suspensions fully stayed.
2015-0839. State ex rel. Cuyahoga Lakefront
Land, L.L.C. v. Cleveland, Slip Opinion No. 2016-
Ohio-7640.
Cuyahoga App. No. 101438, 2015-Ohio-1637.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
Pfeifer, J., dissents and would affirm the judgment
of the Eighth District Court of Appeals.
CASE ANNOUNCEMENTS
November 7, 2016
[Cite as 11/07/2016 Case Announcements, 2016-
Ohio-7630.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF NOVEMBER 7,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the November 7, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2012-2098 and 2013-0228. In re Comm. Rev. of
Capacity Charges of Ohio Power Co., 147 Ohio
St.3d 59, 2016-Ohio-1607.
2014-0791. Deutsche Bank Natl. Trust Co. v.
Holden, 147 Ohio St.3d 85, 2016-Ohio-4603.
2014-1236 and 2015-0186. Midland Funding,
L.L.C. v. Hottenroth, 147 Ohio St.3d 112, 2016-
Ohio-5489.
2014-1796. White v. King, 147 Ohio St.3d 74,
2016-Ohio-2770.
2014-2079. Baker v. Wayne Cty., 147 Ohio St.3d
51, 2016-Ohio-1566.
2015-0340. 250 Shoup Mill, L.L.C. v. Testa, 147
Ohio St.3d 98, 2016-Ohio5012.
2015-1247 and 2015-1335. State v. Snowden,
147 Ohio St.3d 95, 2016-Ohio4856.
2015-1341 and 2015-1342. State v. Wright, 147
Ohio St.3d 96, 2016-Ohio4857.
2015-1645. In re A.W., 147 Ohio St.3d 110, 2016-
Ohio-5455.
2015-1679. State v. Sprague, 147 Ohio St.3d 96,
2016-Ohio-4875.
2015-1816. In re D.D., 147 Ohio St.3d 111, 2016-
Ohio-5456.
2015-2022. State v. Norquest, 147 Ohio St.3d 97,
2016-Ohio-4878.
2015-2065. State v. Valentyn, 147 Ohio St.3d 97,
2016-Ohio-4879.
MOTION AND PROCEDURAL RULINGS
In re Martin.
On May 5, 2010, this court found Robert Martin to
be a vexatious litigator under S.Ct.Prac.R.
4.03(B). This court further ordered that Martin was
prohibited from continuing or instituting legal
proceedings in this court without first obtaining
leave. On October 31, 2016, Martin submitted a
motion to obtain leave to file a mandamus writ.
It is ordered by the court that the motion for leave
is denied.
2 11-07-16
CASE ANNOUNCEMENTS
November 2, 2016
[Cite as 11/02/2016 Case Announcements, 2016-
Ohio-7581.]
MERIT DECISIONS WITH OPINIONS
In re Cases Held for the Decision in State v.
Thomas, Slip Opinion No. 2016Ohio-7561.
Dispositions of cases held for the decision in
State v. Thomas, __ Ohio St.3d __,
2016-Ohio-5567, __ N.E.3d __.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., dissent.
2015-0545. Lutz v. Chesapeake Appalachia,
L.L.C., Slip Opinion No. 2016Ohio-7549.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Eastern
Division, No. 4:09-cv-2256. Cause dismissed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents, with an opinion.
O’Neill, J., dissents, with an opinion.
2015-1205. Greater Dayton Regional Transit
Auth. v. State Emp. Relations Bd., Slip Opinion
No. 2016-Ohio-7559.
Franklin App. No. 14AP-876, 2015-Ohio-2049.
Cause dismissed as having been
improvidently accepted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and O’Neill, JJ., concur.
Kennedy and French, JJ., dissent.
2015-1893. State v. Bell, Slip Opinion No. 2016-
Ohio-7560.
Cuyahoga App. No. 102141, 2015-Ohio-4178.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., concur with respect
to the appeal, dissent with respect to the cross-
appeal, and would reinstate the sentence
imposed by the trial court.
2 11-02-16
CASE ANNOUNCEMENTS
November 1, 2016
[Cite as 11/01/2016 Case Announcements, 2016-
Ohio-7558.]
MERIT DECISIONS WITH OPINIONS
2014-1651. In re Application of Duke Energy
Ohio, Inc., for Approval of its Fourth Amended
Corporate Separation Plan, Slip Opinion No.
2016-Ohio7535.
Public Utilities Commission, Nos. 14-689-EL-UNC
and 14-690-EL-ATA. Orders
reversed and cause remanded.
O’Connor, C.J., and Lanzinger, French, and
O’Neill, JJ., concur.
O’Donnell, J., concurs in part and dissents in part,
with an opinion.
Kennedy, J., concurs in part and dissents in part,
with an opinion joined by Pfeifer, J.
DISCIPLINARY CASES
2016-0199. Dayton Bar Assn. v. Hooks.
On certification of default. On consideration
thereof, it is ordered and adjudged by this court
that pursuant to Gov.Bar R. V(14)(E)(1),
respondent, Shawn Patrick Hooks, Attorney
Registration No. 0079100, last known address in
Dayton, Ohio, is indefinitely suspended from the
practice of law.
2016-1148. Lorain Cty. Bar Assn. v. Mackin.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct. On October 12, 2016, relator, the Lorain
County Bar Association, filed a motion to stay
Gov.Bar R. V(17)(D) proceedings and remand this
matter to the board.
Upon consideration thereof, it is ordered by the
court that the motion is granted. This matter is
remanded to the board for further proceedings.
Proceedings before this court in this case are
stayed until further order of this court.
2016-1506. Lorain Cty. Bar Assn. v. Mackin.
On motion for immediate interim remedial
suspension. Upon consideration thereof and
pursuant to Gov.Bar R. V(19)(B), it is ordered and
decreed that an interim remedial suspension is
entered against Patrick Charles Mackin, Attorney
Registration No. 0038677, last known business
address in Avon Lake, Ohio, and that the
suspension be effective as of November 30, 2016,
pursuant to the parties’ joint notice of stipulation,
pending final disposition of these disciplinary
proceedings.
O’Donnell, Kennedy, and French, JJ., dissent.
2 11-01-16
CASE ANNOUNCEMENTS
October 31, 2016
[Cite as 10/31/2016 Case Announcements, 2016-
Ohio-7531.]
MOTION AND PROCEDURAL RULINGS
2016-0961. Young v. Craig Transp. Co.
Wood App. Nos. WD-14-068, WD-14-073 and
WD-14-077, 2016-Ohio-1401.
This cause came on for further consideration
upon the filing of appellees’ motions to strike
notice of appeal and memorandum in support of
jurisdiction. It is ordered by the court that the
motions are denied as moot.
DISCIPLINARY CASES
2016-0206. Disciplinary Counsel v. Rutherford.
On certification of default. On consideration
thereof, it is ordered and adjudged by this court
that pursuant to Gov.Bar R. V(14)(E)(1),
respondent, Guy Darius Rutherford, Attorney
Registration No. 0066032, last known address in
Cleveland, Ohio, is indefinitely suspended from
the practice of law.
2016-0214. Disciplinary Counsel v. Whitt.
On certification of default. On consideration
thereof, it is ordered and adjudged by this court
that pursuant to Gov.Bar R. V(14)(E)(1),
respondent, Angela Marie Whitt, Attorney
Registration No. 0081658, last known address in
Grove City, Ohio, is indefinitely suspended from
the practice of law.
2016-0800. Disciplinary Counsel v. Coriell.
This cause is pending before the court upon the
filing of a certification of default by the Board of
Professional Conduct.
Upon consideration of relator’s motion to remand
to the Board of Professional Conduct to initiate
default proceedings seeking permanent
disbarment, it is ordered by the court that the
motion is granted. This matter is remanded to the
board for further proceedings under Gov.Bar R.
V(14)(F).
The court further orders that the interim default
judgment suspension imposed against
respondent on June 21, 2016, shall remain in
place while this matter is pending before the
board. Proceedings before this court in this case
are stayed until further order of this court.
2016-1291. Columbus Bar Assn. v. Simonette.
This matter came on for further consideration
upon the filing by relator of a motion for sanctions.
Upon consideration thereof, it is ordered by the
court that the motion is denied.
2016-1475. In re Resignation of Stacy.
On application for resignation of Noah Thomas
Stacy, Attorney Registration No. 0091733, and
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
O’Donnell, J., not participating.
MISCELLANOUS ORDERS
2016-1426. Lorain Cty. Bar Assn. v. Saghafi.
This matter came on for consideration upon the
filing by relator of a motion to order respondent to
immediately cease and desist engaging in the
unauthorized practice of law.
On consideration thereof, this court orders that
respondent immediately cease and desist
engaging in the unauthorized practice of law in
any form effective as of the date of this entry,
pending final disposition of proceedings before
the Board on the Unauthorized Practice of Law.
French, J., dissents.
2
10-31-16
SLIP OPINION NO. 2016-OHIO-7454
INTERNATIONAL PAPER COMPANY,
APPELLEE, v. TESTA, TAX COMMR.,
APPELLANT.
[Until this opinion appears in the Ohio Official
Reports advance sheets, it
may be cited as Internatl. Paper Co. v. Testa, Slip
Opinion No.
2016-Ohio-7454.]
Taxation—Commercial-activities tax—R.C.
5751.53(D) requires tax commissioner to
journalize, but not mail, the final determination on
taxpayer’s amortizable amount by June 30, 2010
deadline—Taxpayer not required to file protective
cross-appeal when this court had not been asked
to rule on taxpayer’s substantive tax-law
challenge—Decision reversed and cause
remanded. (No. 2014-1614—Submitted July 12,
2016—Decided October 26, 2016.) APPEAL from
the Board of Tax Appeals, No. 2010-2230.
Per Curiam.
{¶ 1} This case presents an issue of the credit
under the commercial-activity tax (“CAT”), which
permits taxpayers to realize some benefit from net
operating losses (“NOLs”) now that Ohio’s
corporate-franchise tax has been replaced by the
CAT. As we explained in Navistar, Inc. v. Testa,
143 Ohio St.3d 460, 2015-Ohio3283, 39 N.E.3d
509, the NOLs were potential deductions under
the income measure of the former corporate-
franchise tax, and they were carried on the
corporate books as tax-deferral assets. Id. at ¶ 10.
When 2005 legislation phased out the corporate-
franchise tax and replaced it with the CAT, the
NOLs lost their value in Ohio, so the CAT/NOL
credit was created to insulate taxpayers that had
accumulated NOLs from the balance-sheet hit of
losing them. See id. at ¶ 1, 11.
{¶ 2} The taxpayer’s first step in claiming the
credit is filing a report to establish the total
amount of credit that might be taken over a ten- to
twenty-year period. R.C. 5751.53(B) and (D). That
report proposes the “amortizable amount,” which
is then subject to tax-commissioner review. R.C.
5751.53(A)(9) and (D). Here, appellant, the tax
commissioner, in a final determination journalized
on June 8, 2010, reduced to $927,513 the almost
$17 million amortizable amount that appellee,
International Paper Company, had reported.
However, the tax commissioner’s letter to
International Paper memorializing this
determination, dated June 8, 2010, was not
mailed until July 12. International Paper opposed
the reduction by appealing to the Board of Tax
Appeals (“BTA”), which reinstated International
Paper’s amortizable amount after concluding that
the tax commissioner had violated R.C.
5751.53(D) by failing to notify International Paper
of its assessment by the June 30, 2010 deadline.
The tax commissioner now appeals that decision.
{¶ 3} On this appeal, we confront only procedural
issues. One was dispositive before the BTA:
whether the tax commissioner must not only enter
his determination on the journal, but also mail it to
the taxpayer, before the June 30, 2010 deadline.
The second issue is raised by the tax
commissioner as a threshold to the deadline
issue: whether the statutes in the first instance
require the tax commissioner to issue a final
determination to effect a reduction of the
amortizable amount. The tax commissioner
submits that even failure to comply with the
deadline for issuing the final determination has no
effect so long as he has actually performed and
completed his audit and his adjustment of the
amortizable amount by the June 30, 2010
deadline. The commissioner also argues that the
deadline is merely directory rather than
mandatory.
{¶ 4} Because it is a threshold issue, we consider
the second issue first. We hold that R.C.
5751.53(D) does require that a reduction in the
amortizable amount be embodied in a timely
issued final determination and that a failure to
comply with that requirement means that the
taxpayer is entitled to claim the NOL credit in
accordance with its originally reported amortizable
amount. As a result, the amortizable amount
depends upon whether a final determination
adjusted that amount by the June 30 deadline.
{¶ 5} Next, we consider whether the requirement
that the tax commissioner’s determination be
“issued” by the June 30 deadline means that the
determination must be mailed as well as
journalized by that date. We hold that R.C.
5751.53(D) requires that the determination be
journalized by June 30, but that the determination
need not be mailed by that date to be effective. As
a result, the BTA erred by finding the tax
commissioner’s final determination void, and it
should have considered International Paper’s
substantive challenge to the tax commissioner’s
determination.
{¶ 6} Before deciding to return this case to the
BTA for review of the merits, however, we
consider the tax commissioner’s procedural
question. Did International Paper jurisdictionally
forfeit any right to a remand for consideration of
its substantive claim because it failed to preserve
that right by filing a protective cross-appeal? Our
answer to this question is no. We hold that
because International Paper was not seeking
review of the merits issue by this court and
because the BTA had not addressed the merits
issue in its previous decision, the company was
not required to file a protective cross-appeal.
Accordingly, we reverse the decision of the BTA,
and we remand for consideration of International
Paper’s substantive challenge to the tax
commissioner’s determination.
FACTUAL BACKGROUND
{¶ 7} International Paper timely filed its
Amortizable Amount Report with the tax
commissioner in 2006. The report was mailed on
June 29, 2006 and received on July 3, 2006. The
report computed an amortizable amount of
$16,957,077. The tax commissioner conducted an
audit that initially led to a reduction of that amount
to zero. After consideration of new information,
the tax commissioner’s agents adjusted the
amortizable amount to $927,513 and formulated a
final determination embodying that conclusion.
{¶ 8} The parties agree that the final determination
was entered on the tax commissioner’s journal on
June 8, 2010. It was not mailed to the taxpayer,
however, until July 12. The final determination
recited the reduction of the amortizable amount,
and it stated that the taxpayer agreed with the
reduction.
{¶ 9} International Paper appealed to the BTA,
where discovery was conducted and a hearing
held.
{¶ 10} The BTA issued its decision on August 19,
2014. In it, the BTA adhered to an earlier decision
that the June 30, 2010 deadline stated in R.C.
5751.53(D) set a boundary for action by the
commissioner, just as the June 30, 2006 date
stated in the statute set a deadline for submission
of the amortizable-amount report by the taxpayer.
BTA No. 2010-2230, 2014 Ohio Tax LEXIS 3869,
7 (Aug. 19, 2014). The BTA invoked its own “plain
reading” of the statute to find that the issuance of
the final determination was subject to the June 30
deadline, and then relied on Carstab Corp. v.
Limbach, 40 Ohio St.3d 89, 532 N.E.2d 102
(1988), for the proposition that the word “issue” in
the statute refers to mailing the determination, not
journalizing it. Id. at 6-7. Based on that reasoning,
the BTA remanded the matter to the commissioner
with the instruction to vacate his final
determination, specifying that because that final
determination was never properly issued, the
amortizable amount was $16,957,077. Id. at 9.
ANALYSIS
R.C. 5751.53(D) REQUIRES THE TAX
COMMISSIONER TO ISSUE A FINAL
DETERMINATION IN ORDER TO REDUCE THE
AMORTIZABLE AMOUNT
{¶ 11} The tax commissioner contends that issuing
an “assessment or final determination” reflecting
an adjustment of the amortizable amount is purely
optional. The relevant sentence is:
Unless extended by mutual consent, the tax
commissioner may, until June 30, 2010, audit the
accuracy of the amortizable amount available to
each taxpayer that will claim the credit, and adjust
the amortizable amount or, if appropriate, issue
any assessment or final determination, as
applicable, necessary to correct any errors found
upon audit.
R.C. 5751.53(D).
{¶ 12} This sentence falls short of the ideal of
good draftsmanship, and one difficulty with the
statute is the first appearance of the conjunction
“or.” The tax commissioner reads the “or” as
making the issuance of an assessment or final
determination completely optional; his theory is
that the audit process and any taxpayer
communications in relation to the audit are
sufficient to reduce the potential amount of CAT
credit. The practical effect of that reading would
be that the taxpayer would not be able to appeal a
reduced amount of potential credit until some later
date when the tax commissioner disallows the
amount of credit claimed. Because that date
would not arrive until the taxpayer had exhausted
the entire amount of potential credit, the
occurrence might come relatively late during the
long ten- to twenty-year period during which the
credit might be taken.
{¶ 13} We reject the tax commissioner’s reading of
the statute for several reasons. Foremost among
them is that as a matter of plain language, the use
of the word “necessary” in the quoted sentence
strongly implies that the issuance of a final
determination is required if the tax commissioner
is going to reduce the amount of potential CAT
credit. The necessity arises for two reasons: first,
a need to definitively inform the taxpayer as to
how much credit the commissioner concludes is
available, and second, a need to afford the
taxpayer an opportunity to contest any reduction
by appealing the assessment or final
determination to the BTA under R.C. 5717.02.
{¶ 14} We conclude that the inference that the
commissioner draws from the conjunction “or”
conflicts with the implication of the word
“necessary” and so the statute is thereby
rendered ambiguous. In determining the proper
construction of the statute, we must presume that
a just and “reasonable result is intended.” R.C.
1.47(C). Additionally, our determination that the
statute is ambiguous sets the stage for our
consideration of “[t]he object sought to be
attained” and “[t]he consequences of a particular
construction.” R.C. 1.49(A) and (E).
{¶ 15} In considering the “object” of the statute,
along with what would constitute “a just and
reasonable result,” we conclude that the intent of
the General Assembly was to require the tax
commissioner to formalize his decision to reduce
the amortizable amount, both in order to put the
taxpayer on notice and to permit an immediate
challenge to the reduction. Indeed, to allow the
commissioner to contemplate a reduction but
postpone a challenge for a decade or more
contradicts an important purpose of the NOL
credit, which is not only to allow the credit to be
taken, but to permit the taxpayer to account for
the tax asset on its books going forward.
{¶ 16} That same reasoning leads us to reject the
tax commissioner’s contention that “or” in R.C.
5751.53(D) severs the issuance of the final
determination from the June 30, 2010 deadline. In
particular, we are not persuaded by the
commissioner’s reliance on analysis offered by
the Legislative Service Commission when the
statute was passed by the General Assembly; that
analysis does not clarify the statute, but instead
paraphrases it and reproduces its ambiguity. We
hold that in order to effectuate the legislative
purpose of finalizing the amortizable amount, R.C.
5751.53(D) sets a firm time limit of June 30, 2010,
and thereby avoids an indefinite delay in the
issuance of the determination.
{¶ 17} Finally, we also reject the tax
commissioner’s invocation of the doctrine of
longstanding administrative practice. Compare
UBS Fin. Servs., Inc. v. Levin, 119 Ohio St.3d
286, 2008-Ohio-3821, 893 N.E.2d 811, ¶ 34
(adopting the tax commissioner’s longstanding
construction of a statute) with HealthSouth Corp.
v. Levin, 121 Ohio St.3d 282, 2009-Ohio-584, 903
N.E.2d 1179, ¶ 26 (“The doctrine applies against
the state when the state has interpreted the law in
favor of a particular taxpayer in writing and has
adhered to that interpretation over an extended
period of time, but later corrects its interpretation
and attempts to assess taxes retroactively in
accordance with the new interpretation”), citing
NLO, Inc. v. Limbach, 66 Ohio St.3d 389, 395,
613 N.E.2d 193 (1993), and Ormet Corp. v.
Lindley, 69 Ohio St.2d 263, 266, 431 N.E.2d 686
(1982). Here the statute was enacted in 2005 and
modified in early 2006, and the administrative
practice is entirely recent and relatively limited.1
In this context, there is no established
administrative practice that would have binding
effect.
1 The tax commissioner also cites an information
release from 2006, “CAT 2006-06,” which states:
“The Tax Commissioner can audit and adjust the
taxpayer’s amortizable amount until June 30,
2010. However, that date can be extended by
agreement between the taxpayer and the Tax
Commissioner. See R.C. 5751.53(B) and (D).”
Contrary to the tax commissioner’s suggestion,
we do not read the release as addressing the
issue before the court.
THE JUNE 30, 2010 DEADLINE IS MANDATORY
{¶ 18} The tax commissioner argues, in the
alternative, that the June 30 deadline is merely
directory rather than mandatory, and therefore,
late issuance of a final determination does not
void the tax commissioner’s determination.2
{¶ 19} In the tax area, we recently addressed the
directory-versusmandatory issue in 2200
Carnegie, L.L.C. v. Cuyahoga Cty. Bd. of
Revision, 135 Ohio St.3d 284, 2012-Ohio-5691,
986 N.E.2d 919. There, we considered whether
R.C. 5715.19(B)’s 30-day time requirement for the
county auditor to give notice of the filing of a
complaint was jurisdictional. To make that
determination, we reviewed “ ‘the entire act, its
nature, its effect and the consequences which
would result from construing it one way or
another.’ ” Id. at ¶ 27, quoting State ex rel. Jones
v. Farrar, 146 Ohio St. 467, 472, 66 N.E.2d 531
(1946). If the time limit were jurisdictional, the
adverse consequence would be that an error
committed by the auditor would deprive both the
complainant and its opponent of the opportunity to
be heard on the property’s value. Such an
outcome made no sense and was surely not
intended by the legislature.
{¶ 20} Under 2200 Carnegie, the core-of-
procedural-efficiency test is crucial to determining
the status of a requirement and a time limit as
being mandatory or directory. Under the test as
applied in that case, giving the notice ran
2 We reject International Paper’s contention that
this argument was not jurisdictionally preserved in
the notice of appeal to the court as required by
R.C. 5717.04. Although the tax commissioner did
not use the words “directory” and “mandatory” in
the notice of appeal to the court, the notice does
identify what the commissioner believed the BTA’s
error to be (“determining that the Commissioner’s
final determination was not ‘properly issued’ ”),
and does state how the commissioner believed
the BTA should have handled this issue (“[t]he
BTA should have determined that the
Commissioner’s final determination was properly
and validly issued under R.C. 5751.53(D)”). This
language satisfies the criteria in WCI Steel, Inc. v.
Testa, 129 Ohio St.3d 256, 2011-Ohio-3280, 951
N.E.2d 421, paragraph one of the syllabus, and
as in WCI Steel, the notice here brings within the
court’s jurisdiction all the relevant arguments that
the tax commissioner advanced below, including
the directory-versus-mandatory argument. We
conclude that we have jurisdiction over that issue.
to the core of procedural efficiency, while the time
for giving it did not. Id. at ¶ 24-26.
{¶ 21} Applying that analysis, we consider whether
the issuance of the final determination of the
amortizable amount by June 30, 2010, is
procedurally essential. We conclude that the
structure of R.C. 5751.53(D) indicates that it is.
The statute contemplates a hard deadline for the
taxpayer to file its report—June 30, 2006—and
likewise contemplates finality in the determination
of the potential CAT credit by June 30, 2010. 2010
is the year in which the credit may first be taken,
and the legislative intent is that the question of
potential credit be resolved “up front” through the
filing and audit of the report. The statutory
requirement of “mutual consent” to extend the
deadline supports this conclusion, because the
inference is clear that in the absence of the
consent, the commissioner must comply with the
deadline. Moreover, unlike in 2200 Carnegie, if
the tax commissioner fails to comply with the
deadline, construing it as mandatory inflicts the
adverse consequence on the state itself and on
no other party.
{¶ 22} In this regard, the present case provides a
stark contrast to our ruling in Hardy v. Delaware
Cty. Bd. of Revision, 106 Ohio St.3d 359, 2005-
Ohio-5319, 835 N.E.2d 348. In that case, the
county auditor did not abide by a statutory
deadline in declaring that certain property was no
longer part of the current agricultural-use
valuation program. In Hardy, the question was
whether the first-Monday-in-August deadline set
forth in former R.C. 5713.32 was supposed to limit
the auditor’s power to act, and we concluded that
that was not the General Assembly’s intent. Id. at
¶ 23. The overriding purpose of the time limit was
to assure the opportunity of the taxpayer to
challenge the action, and that right had been fully
safeguarded in the case. By contrast,
International Paper’s right to a clear, up-front
determination of the amortizable amount would be
lost unless the June 30, 2010 deadline is
mandatory. We hold that it is.
“ISSUE” SHOULD BE LIBERALLY CONSTRUED
IN FAVOR OF PERMITTING THE TAX
COMMISSIONER TO CORRECT THE
AMORTIZABLE AMOUNT
{¶ 23} We now turn to the central question
resolved against the tax commissioner by the
BTA: was the final determination of the
amortizable amount timely “issued”? We hold that
it was.
{¶ 24} Here the facts, as well as the law, deserve
reiteration: the final determination reducing the
potential tax credit was entered on the tax
commissioner’s journal on June 8, 2010. It was
mailed to the taxpayer on July 12, 2010, and was
received by the taxpayer on July 14, 2010. If
“issuing” the determination occurred on June 8
with the entry on the journal, it was timely; if it
occurred on July 12 with the mailing, it was too
late.
{¶ 25} The BTA resolved this issue by citing a
case from this court and a dictionary definition.
The tax commissioner cites a few cases in which
this court, in passing, appears to use “issue” to
mean placing the final determination in the journal
that the commissioner is required to maintain
pursuant to R.C. 5703.05(L).
{¶ 26} We disagree with the BTA’s reliance on our
decision in Carstab, 40 Ohio St.3d 89, 532 N.E.2d
102. To be sure, International Paper correctly
notes that the court did associate the “making” of
a sales- and use-tax assessment with journalizing
the assessment, “issuing” with mailing the
assessment, and “serving” with receiving service
of the entry. Id. at 90. Those three words were
used in the version of the statute that was at issue
in the case, and we stated that those were the
meanings of the words in the context of that
statute.
{¶ 27} But the tax commissioner’s objections to
relying on Carstab are sound. First, the statement
about the meaning of “issue” is obiter dictum,
because we specifically identified the “sole
question presented” as being “whether an
assessment is barred [by the statute of limitations]
if it is not received by a taxpayer within the time
limits provided” by the statutes. Id. at 89. The only
necessary determination in Carstab was whether
receipt by the taxpayer was a necessary
constituent of “issuing” the assessment; it was
simply unnecessary to decide whether “issuance”
was complete with journalization or mailing,
because in Carstab, both events had clearly
occurred within the statutory limitation period. We
also find it telling in this regard that after neatly
defining the three terms in Carstab, we disavowed
the significance of our having done so by
acknowledging that we were “not faced with [the]
situation” of deciding between journalization or
mailing. Id. at 90. Thus, construal of “issuing” to
be the same as “mailing” in Carstab is dicta that is
not binding here. Furthermore, R.C. 5751.53(D) is
a commercial-activity-tax statute, not a sales-tax
statute, and must be construed in light of its
specific legislative purposes.
{¶ 28} The tax commissioner points to instances in
which this court has used the word “issue” to refer
to the journalization of a determination. Most
prominently, in Navistar, 143 Ohio St.3d 460,
2015-Ohio-3283, 39 N.E.3d 509, ¶ 18, the
recitation of facts asserts that the commissioner
“issued his final determination in this matter on
January 11, 2010.” That in fact was the date of
journalization of the entry, and the commissioner
points to similar use of “issue” in DeWeese v.
Zaino, 100 Ohio St.3d 324, 2003-Ohio-6502, 800
N.E.2d 1: the statute under discussion there, R.C.
5711.31, permitted taxpayers to state additional
objections to the tax commissioner’s amended
assessment “prior to the date shown on the final
determination by the commissioner,” and the court
characterized this as requiring the taxpayer to
submit additional objections in writing “before the
Tax Commissioner issues his final determination.”
(Emphasis added.) Id. at ¶ 10. The date shown on
final determinations is the journalization date, not
the mailing date.
{¶ 29} The significance of these cases is not to
furnish binding or persuasive authority, but to
establish that the term “issue” in R.C. 5751.53(D)
is ambiguous with regard to the issue presented.
That being so, the important canon here is that of
liberal construction of remedial statutes, which
has been applied to construe procedural statutes
in favor of the tax assessor’s ability to properly
impose tax obligations. See Heuck v. Cincinnati
Model Homes Co., 130 Ohio St. 378, 199 N.E.
698 (1936), paragraph one of the syllabus
(“Statutory provisions which do not relate to the
creation of tax obligations, but merely to the
instrumentalities by which tax valuations may be
determined, clerical errors rectified or omissions
supplied, or to the enforcement of tax obligations,
are remedial in character and should be liberally
construed”); State ex rel. Poe v. Raine, 47 Ohio
St. 447, 454, 25 N.E. 54 (1890) (statutes “giving
to state and county auditors authority relating to
the collection of the public revenue * * * provide
the instrumentalities by which the revenue officers
may enforce obligations imposed by the statutes
which create the tax”; because they are
“remedial,” such statutes “should be liberally
construed to advance the remedy”). In this
context, construing R.C. 5751.53(D) liberally in
favor of the tax commissioner means construing it
to require him to have completed fewer, rather
than more, actions by June 30, 2010. That leads
us to conclude that the journalization of the final
determination on June 8, 2010, sufficed to
constitute “issuance” and thereby satisfied the
deadline.
INTERNATIONAL PAPER DID NOT NEED TO
FILE A PROTECTIVE CROSS-APPEAL IN
ORDER TO PRESERVE ITS MERITS
ARGUMENT
{¶ 30} International Paper requests that if the
court reverses and concludes that the tax
commissioner’s final determination was validly
issued, the court should remand the cause to the
BTA for consideration of International Paper’s
substantive challenge to the determination. In
opposition, the tax commissioner argues that if
this court reverses the BTA’s ruling on the validity
of the final determination, the case is over, and
the reduced amortizable amount determined by
the tax commissioner is in force. That is so,
according to the commissioner, because
International Paper did not file a protective cross-
appeal preserving its substantive tax-law
challenge to the reduction of the potential CAT
credit amount.
{¶ 31} The tax commissioner’s argument rests on
a body of case law dating back to the 1970s: the
early cases are Lenart v. Lindley, 61 Ohio St.2d
110, 115, 399 N.E.2d 1222 (1980), fn. 1, and
Rowland v. Collins, 48 Ohio St.2d 311, 312, 358
N.E.2d 582 (1976). In both cases, the tax
commissioner appealed from an adverse decision
of the BTA, and on appeal the taxpayers
attempted to assert alternative reasons why the
BTA’s rulings in their favor should be affirmed. In
each case, the court stated that the alternative
grounds for affirmance could not be considered
because the taxpayer had not availed itself of the
right to assert those issues through a notice of
appeal under R.C. 5717.04, which predicates
jurisdiction of the court over the appeal on a filing
of the notice of appeal that specified the errors
complained of in the BTA decision. Additionally,
the BTA in Rowland had made an actual finding
on the alternative ground, id. at 312-313, making
it imperative that that finding be affirmatively
challenged as error in order for relief to be
granted on that point.
{¶ 32} In support of his position, the commissioner
cites cases that follow Rowland and Lenart:
Equity Dublin Assocs. v. Testa, 142 Ohio St.3d
152, 2014-Ohio-5243, 28 N.E.3d 1206, ¶ 23-25
(when tax commissioner and two boards of
education appealed partial grant of exemption
under one statutory provision, taxpayer’s failure to
file protective cross-appeal with respect to BTA’s
denial of a different statutory basis for exemption
barred consideration of that claim on appeal);
Polaris Amphitheater Concerts, Inc. v. Delaware
Cty. Bd. of Revision, 118 Ohio St.3d 330, 2008-
Ohio-2454, 889 N.E.2d 103, ¶ 12-15 (board of
education could not call into question the total
value assigned to property in defending an
appeal, when the owner/appellant had challenged
only the land valuation and the board of education
had filed no protective cross-appeal raising any
issue as to the value assigned to the
improvements); Dayton-Montgomery Cty. Port
Auth. v. Montgomery Cty. Bd. of Revision, 113
Ohio St.3d 281, 2007-Ohio-1948, 865 N.E.2d 22,
¶ 33 (agreement of parties that a clerical error led
to assignment of the wrong number as land value
was not sufficient to empower the court to effect a
change in that value or to remand for change,
given that the notice of appeal placed only the
value of improvements at issue and not the value
of the land).
{¶ 33} Those cases, however, are not apposite
here. In each of the cases, the appellee had
asked for a ruling by the court as to an issue on
which the appellee had not prevailed below.
Accord Norandex, Inc. v. Limbach, 69 Ohio St.3d
26, 630 N.E.2d 329 (1994), fn. 1. By contrast,
International Paper seeks a remand and does not
ask us to rule on the substantive tax-law issue.
And in each of the cases except Lenart, the BTA
had explicitly ruled against the appellee’s position
below, making it necessary that the alleged error
be set forth in a notice of cross-appeal in order to
invoke the court’s jurisdiction consistent with R.C.
5717.04. See also Northeast Ohio Psychiatric
Inst. v. Levin, 121 Ohio St.3d 292, 2009-Ohio-583,
903 N.E.2d 1188, ¶ 23, in which the appellee tax
commissioner could not, as an alternative ground
for affirmance, challenge the BTA’s explicit finding
that the lessee entity qualified as a charitable
institution because the tax commissioner did not
file a protective cross-appeal.3
{¶ 34} Thus, the cited cases are not apposite.
International Paper did not have to file a cross-
appeal because there was no ruling on its
substantive issue from the BTA, so there is no
need for us to exercise jurisdiction to decide the
issue, in
3 As indicated, in Lenart, the court has also
enforced the requirement of filing a cross-appeal
when an appellee might want to have the court
consider an issue raised below but not addressed
by the BTA in its decision. See Lenart, 61 Ohio
St.2d at 115, 399 N.E.2d 1222, fn. 1. Not cited by
the tax commissioner but additionally unavailing
to him is Christian Church of Ohio v. Limbach, 53
Ohio St.3d 270, 271, 560 N.E.2d 199 (1990), fn.
1. In Polaris Amphitheater Concerts, 118 Ohio
St.3d 330, 2008-Ohio-2454, 889 N.E.2d 103, ¶
14, we cited Christian Church as holding that “[the
court] had no jurisdiction to consider the additional
claim of exemption because the owner had not
filed a cross-appeal”; as discussed, International
Paper does not ask the court to address its
substantive issue. Moreover, despite our
statement in Polaris, Christian Church really has
no holding, because the appellee in that case
completely abandoned the alternative exemption
claim in this court, asserting it neither by a notice
of cross-appeal nor in its brief. See Couchot v.
State Lottery Comm., 74 Ohio St.3d 417, 423-
424, 659 N.E.2d 1225 (1996) (noting that a party’s
reliance on Christian Church was misplaced
because “[i]n that case, the issue under
discussion was abandoned by the appellee on
appeal to the court”).
whole or in part. Nor does International Paper
seek our pronouncement on the issue in the first
instance. It follows that no cross-appeal was
necessary.
CONCLUSION
{¶ 35} For the foregoing reasons, we reverse the
decision of the BTA and remand with instructions
that the BTA consider International Paper’s
substantive challenge to the tax commissioner’s
determination.
Decision reversed
and cause remanded.
O’CONNOR, C.J., and PFEIFER, LANZINGER,
and O’NEILL, JJ., concur.
FRENCH, J., dissents, with an opinion joined by
O’DONNELL and KENNEDY, JJ.
FRENCH, J., dissenting.
{¶ 36} I respectfully dissent. I agree with the
majority opinion that R.C. 5751.53(D) required the
tax commissioner to issue a final determination by
June 30, 2010, in order to reduce the amortizable
amount claimed by appellee, International Paper
Company. In my view, however, the tax
commissioner’s final determination was untimely.
{¶ 37} R.C. 5751.53 created a credit against the
commercial-activity tax (“CAT”) in order to
preserve part of the value of net operating losses
(“NOLs”) that a corporate taxpayer had
accumulated and was entitled to carry forward as
a deduction against income under Ohio’s former
corporate franchise tax. Navistar, Inc. v. Testa,
143 Ohio St.3d 460, 2015-Ohio-3283, 39 N.E.3d
509, ¶ 2. To claim that credit, International Paper
filed an amortizable-amount report with the tax
commissioner in June 2006. R.C. 5751.53(D) then
afforded the tax commissioner limited authority to
audit and correct the claimed amortizable amount:
Unless extended by mutual consent, the tax
commissioner may, until June 30, 2010, audit the
accuracy of the amortizable amount available to
each taxpayer that will claim the credit, and adjust
the amortizable amount or, if appropriate, issue
any assessment or final determination, as
applicable, necessary to correct any errors found
upon audit.
(Emphasis added.)
{¶ 38} R.C. 5703.05(L) requires the tax
commissioner to maintain a journal of his final
determinations that is “open to public inspection.”
On June 8, 2010, the tax commissioner entered
on his journal a final determination reducing
International Paper’s amortizable amount from
almost $17 million to $927,513. Although “open to
public inspection,” the tax commissioner’s journal
is not accessible through the Department of
Taxation’s website, and here the tax
commissioner did not mail his final determination
to International Paper until July 12, 2010. The
question before this court, then, is whether the tax
commissioner timely issued his final
determination. If he issued that determination
when he entered it on the journal, the answer is
yes; if he issued it when he placed it in the mail,
the answer is no. In my view, the tax
commissioner issued his final determination when
he mailed it on July 12, 2010, outside the
statutory timeframe.
{¶ 39} The Board of Tax Appeals (“BTA”)
concluded that the tax commissioner’s final
determination was untimely. In doing so, it relied
primarily on Carstab Corp. v. Limbach, 40 Ohio
St.3d 89, 532 N.E.2d 102 (1988). In Carstab, this
court considered a statutory limitation on the tax
commissioner’s authority to make sales-and use-
tax assessments: “[N]o assessment shall be
made or issued * * * more than four years after
the return date for the period in which the sale or
purchase was made, or more than four years after
the return for such period is filed, whichever is
later.” R.C. 5739.16(A). The tax commissioner in
Carstab had entered her assessment on the
journal and mailed it to the taxpayer within the
statutory time limit, but the taxpayer received the
assessment after the time limit expired.
{¶ 40} The majority dismisses the BTA’s reliance
on Carstab because it contends that the only
necessary determination in that case was whether
the statutory phrase “made or issued”
encompassed receipt by the taxpayer. But this
court could not resolve Carstab without
determining the “pivotal” meaning of the phrase
“made or issued.” Carstab at 90.
{¶ 41} In determining the meaning of “made or
issued” in Carstab, we considered the phrase in
light of the tax commissioner’s general powers
and duties. These include the power to make
assessments authorized by law, R.C. 5703.05(H),
and the duty to maintain a public journal
containing a record of her actions, R.C.
5703.05(L). Recognizing that “making” and
“issuing” an assessment are different events, we
held that the tax commissioner “ ‘makes’ an
assessment when she journalizes it because this
is the act that concludes her audit activity and by
which she places the assessment on the public
record.” Carstab at 90. But “the commissioner
‘issues’ notice of the assessment when she ‘gives’
notice to the assessee,” which in that case meant
when she deposited it in the mail. Id. Ultimately,
we concluded that neither “making” nor “issuing”
incorporates a requirement of receipt by the
taxpayer. Id. While I agree with the majority that
Carstab is not binding authority, it is persuasive as
to the meaning of “issue” in
R.C. 5751.53(D).
{¶ 42} The General Assembly has twice amended
R.C. 5739.16—the statute at issue in Carstab—
since our 1988 decision. See 1993 Am.Sub.H.B.
No. 327, 145 Ohio Laws, Part III, 5409, 5415, and
2005 Am.Sub.H.B. No. 66, 151 Ohio Laws, Part II,
2868, Part III, 4612. Nevertheless, the statute
continues to state that “no assessment shall be
made or issued” beyond the four-year timeframe,
R.C. 5739.16(A), and the General Assembly has
not statutorily defined the terms “made” and
“issued” in response to Carstab. We must
presume that the General Assembly “ha[s] in mind
prior judicial constructions” of a statute when it
enacts amendments. State ex rel. Huron Cty. Bd.
of Edn. v. Howard, 167 Ohio St. 93, 96, 146
N.E.2d 604 (1957).
{¶ 43} We should also assume that the General
Assembly was aware of this court’s construction
of the term “issue” when it enacted R.C. 5751.53
—the statute at issue here—17 years after
Carstab. See Howard v. Seidler, 116 Ohio App.3d
800, 811, 689 N.E.2d 572 (7th Dist.1996), citing
Seeley v. Expert, Inc., 26 Ohio St.2d 61, 72-73,
269 N.E.2d 121 (1971). Had the General
Assembly intended that entry of a reduction on
the tax commissioner’s journal satisfied the tax
commissioner’s duty under R.C. 5751.53(D),
without regard to whether the tax commissioner
informed the taxpayer of his decision, it could
have enacted statutory language to that effect. In
other contexts, for example, the General
Assembly has expressly tied time limits to the
entry on a public journal. See, e.g., R.C. 5717.04
(providing for a 30-day appeal period from “the
date of the entry of the decision of the [BTA] on
the journal of its proceedings”). R.C. 5751.53(D),
however, uses only the word “issue” to describe
the tax commissioner’s obligation. In my view,
“issue”—here, as in Carstab—relates to the
mailing of the tax commissioner’s final
determination, so as to give the taxpayer notice of
the determination.
{¶ 44} In addition to dismissing the BTA’s reliance
on Carstab, the majority concludes that R.C.
5751.53(D) is an ambiguous remedial statute that
this court must liberally construe in favor of the tax
commissioner. I agree that R.C. 5751.53 is a
remedial statute and that we must construe
remedial statutes liberally in order to promote their
intended goal. R.C. 1.11; Robert V. Clapp Co. v.
Fox, 124 Ohio St. 331, 334, 178 N.E. 586 (1931).
But liberal construction does not always equate to
a reading that benefits the tax commissioner. For
example, statutes that provide for the refund of
taxes illegally or erroneously paid or assessed are
liberally construed in favor of the taxpayer.
Phoenix Amusement Co. v. Glander, 148 Ohio St.
592, 76 N.E.2d 605 (1947), paragraph one of the
syllabus.
{¶ 45} Here, as the majority opinion
acknowledges, the legislative aim of the CAT
credit was to “insulate taxpayers that had NOLs”
under the corporate-franchise tax from losing the
value of those NOLs under the new CAT. In
Navistar, 143 Ohio St.3d 460, 2015-Ohio-3283, 39
N.E.3d 509, at ¶ 10, we quoted a reference to
R.C. 5751.53 “as a ‘grand bargain’ between Ohio
franchise-tax payers and the tax department,
under which the taxpayers would support the tax
reform while still retaining some of the value of
their Ohio deferred-tax assets such as NOLs.”
The remedy that R.C. 5751.53 provides operates
in favor of the taxpayer, as should our liberal
construction of the statutory language. In this
case, that means the tax commissioner must mail
his final determination to the taxpayer claiming the
CAT credit before June 30, 2010.
{¶ 46} Because I would apply the established
meaning of “issue” stated in Carstab to R.C.
5751.53(D) or would alternatively construe R.C.
5751.53(D) liberally in favor of the taxpayer, I
conclude that the tax commissioner did not issue
his final determination within the time prescribed
by R.C. 5751.53(D). I therefore respectfully
dissent and would affirm the decision of the BTA,
which reinstated International Paper’s claimed
amortizable amount.
O’DONNELL AND KENNEDY, JJ., concur in the
foregoing opinion.
Zaino, Hall & Farrin, L.L.C., Thomas M. Zaino,
and Richard C. Farrin, for appellee.
Michael DeWine, Attorney General, and Barton A.
Hubbard, Assistant Attorney General, for
appellant.
CASE ANNOUNCEMENTS
October 25, 2015
[Cite as 10/25/2016 Case Announcements #2,
2016-Ohio-7459.]
MOTION AND PROCEDURAL RULINGS
2015-2080. State ex rel. Durrani v. Ruehlman.
Hamilton App. No. C-150547. This cause is
pending before the court as an appeal from the
Court of Appeals for Hamilton County.
It is ordered by the court, sua sponte, that
appellee shall file a response, if any, to appellants’
motion for immediate stay no later than 3:00 p.m.
on Wednesday, October 26, 2016.
CASE ANNOUNCEMENTS
October 25, 2016
[Cite as 10/25/2016 Case Announcements, 2016-
Ohio-7433.]
MERIT DECISIONS WITH OPINIONS
2015-0467. Antoon v. Cleveland Clinic Found.,
Slip Opinion No. 2016-Ohio7432.
Cuyahoga App. No. 101373, 2015-Ohio-421.
Judgment reversed and cause remanded.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., concurs in judgment only, with an
opinion.
O’Neill, J., not participating.
2015-2088. State ex rel. Cowan v. Gallagher, Slip
Opinion No. 2016-Ohio7430.
Cuyahoga App. No. 103470, 2015-Ohio-5156.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0074. State ex rel. Curtis v. Bunting, Slip
Opinion No. 2016-Ohio-7431.
Marion App. No. 9-15-43. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2010-2198. State v. McKelton.
Butler C.P. No. CR2010-02-0189. This cause
came for further consideration upon appellant’s
filing of a motion for stay of execution of death
sentence pending disposition of available state
remedies.
Upon consideration of appellant’s motion for stay
of execution of death sentence pending
disposition of available state remedies, it is
ordered by the court that the motion is granted. It
is further ordered that this stay shall remain in
effect until exhaustion of all state post-conviction
proceedings, including any appeals.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1449. State ex rel. Jochum v. Lake Cty.
Common Pleas Court.
In Prohibition.
2016-1468. Bronx Park S. III Lancaster, L.L.C. v.
Fairfield Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-973.
2016-1469. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2136.
2016-1497. Lakewood City Schools Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-177.
2016-1505. Cincinnati City Schools Bd. of Edn. v.
Hamilton Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1993.
2016-1530. Dublin City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920.
2016-1549. Johnson v. Clark Cty. Bd. of Revision.
Board of Tax Appeals, No. 2016-326.
2016-1551. 327-42 Findlay, L.L.C. v. Hancock Cty.
Bd. of Revision.
2 10-25-16
Board of Tax Appeals. No. 2015-1342.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellant shall file a brief within 40 days of
the date of this entry, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2016-0659. Worthington City Schools Bd. of Edn.
v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-585.
3 10-25-16
CASE ANNOUNCEMENTS
October 24, 2016
[Cite as 10/24/2016 Case Announcements, 2016-
Ohio-7426.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF OCTOBER 24,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the October 24, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format. 2013-0656. State
ex rel. Walgate v. Kasich, 147 Ohio St.3d 1, 2016-
Ohio-1176. 2014-0618. State v. F.R., 147 Ohio
St.3d 1, 2015-Ohio-1816. 2014-0881. Dublin City
Schools Bd. of Edn. v. Franklin Cty. Bd. of
Revision,
147 Ohio St.3d 38, 2016-Ohio-3025.
2014-1230. State v. Thompson, 147 Ohio St.3d
29, 2016-Ohio-2769.
2014-1825 and 2014-2122. State v. Marcum, 146
Ohio St.3d 516, 2016-Ohio
1002.
2015-0367. Leyman v. Bradshaw, 146 Ohio St.3d
522, 2016-Ohio-1093.
2015-0539. In re Application of Myers, 147 Ohio
St.3d 32, 2016-Ohio-2812.
2015-0584. Snodgrass v. Testa, 147 Ohio St.3d
34, 2016-Ohio-2910.
2015-1197. Disciplinary Counsel v. Bellew, 147
Ohio St.3d 1202, 2016-Ohio
1534.
2015-1339. Jury v. Miller, 147 Ohio St.3d 49,
2016-Ohio-3044.
2015-1365. State ex rel. T.L.M. v. Judges of the
First Dist. Court of Appeals, 147 Ohio St.3d 25,
2016-Ohio-1601.
2015-1955. Toledo Bar Assn. v. Abreu, 147 Ohio
St.3d 35, 2016-Ohio-2972.
2016-0313. Ohio Manufacturers’ Assn. v. Ohioans
for Drug Price Relief Act, 147 Ohio St.3d 42,
2016-Ohio-3038.
2016-0370. Disciplinary Counsel v. Leneghan,
147 Ohio St.3d 1205, 2016Ohio-2614.
15-AP-037. In re Disqualification of Huffman, 147
Ohio St.3d 1201, 2015Ohio-3926.
16-AP-029. In re Disqualification of Berkowitz,
147 Ohio St.3d 1207, 2016Ohio-5127.
MOTION AND PROCEDURAL RULINGS
2016-0440. State v. Mutter.
Scioto App. No. 15CA3691, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2016-0441, State v.
Mutter, for oral argument only.
2016-0441. State v. Mutter.
Scioto App. No. 15CA3690, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2016-0440, State v.
Mutter, for oral argument only.
2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd.
of Revision.
Board of Tax Appeals Nos. 2015-1231, 2015-
1232, and 2015-1233. This cause is pending
before the court as an appeal from the Board of
Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the
2 10-24-16
cause is remanded to the Board of Tax Appeals to
take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0575. State ex rel. Barnes v. Indus. Comm.
Franklin App. No. 15AP-170, 2016-Ohio-824. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
The records of this court indicate that appellant
has not filed a merit brief, due October 13, 2016,
in compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
3 10-24-16
CASE ANNOUNCEMENTS
October 21, 2016
[Cite as 10/21/2016 Case Announcements, 2016-
Ohio-7410.]
MOTION AND PROCEDURAL RULINGS
2016-0723. State ex rel. Allen Cty. Children Servs.
Bd. v. Mercer Cty. Common Pleas Court, Probate
Div.
In Prohibition. This cause came on for further
consideration upon the filing of respondents’
motion for leave to supplement motion for
reconsideration. It is ordered by the court that the
motion is denied as moot.
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. This cause came on for further
consideration upon the filing of a motion for leave
to file a memorandum of amicus curiae American
Academy of Adoption Attorneys. It is ordered by
the court that the motion for leave is denied as
moot.
DISCIPLINARY CASES
2016-1240. In re Application of Callam.
This cause is pending before the court upon the
filing of a report by the Board of Commissioners
on Character and Fitness. On September 27,
2016, applicant, Michael Alexander Callam, filed a
motion to supplement the record.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2016-1240. In re Application of Callam.
This cause is pending before the court upon the
filing of a report by the Board of Commissioners
on Character and Fitness. On September 28,
2016, amicus curiae, the Gertsburg Law Firm Co.,
L.P.A., filed a motion for leave to participate in oral
argument.
Upon consideration thereof, it is ordered by the
court that the motion is granted. Amicus curiae
shall share the time allotted to applicant.
MISCELLANEOUS DISMISSALS
2016-1416. State ex rel. Belegrin v. Oliver.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2
10-21-16
CASE ANNOUNCEMENTS
October 20, 2016
[Cite as 10/20/2016 Case Announcements, 2016-
Ohio-7388.]
MERIT DECISIONS WITH OPINIONS
2014-1582. Olentangy Local Schools Bd. of Edn.
v. Delaware Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-7381.
Board of Tax Appeals, No. 2012-694. Decision
vacated and cause remanded. O’Connor, C.J.,
and Pfeifer, O’Donnell, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
2016-0723. State ex rel. Allen Cty. Children Servs.
Bd. v. Mercer Cty. Common Pleas Court, Probate
Div., Slip Opinion No. 2016-Ohio-7382.
In Prohibition. Motion for reconsideration granted
and writ denied. Pfeifer, O’Donnell, Lanzinger, and
French, JJ., concur. O’Connor, C.J., dissents, with
an opinion joined by O’Neill, J. O’Neill, J.,
dissents, with an opinion joined by O’Connor, C.J.
Kennedy, J., not participating.
MOTION AND PROCEDURAL RULINGS
2016-1207. Weber v. Ferrellgas, Inc.
Trumbull App. No. 2015-T-0071, 2016-Ohio-4738.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the second amended
motion for admission pro hac vice of Brent N.
Coverdale, it is ordered by the court that the
motion is granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days of the date of
this entry.
RECONSIDERATION OF PRIOR DECISIONS
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. Reported at 146 Ohio St.3d 1476,
2016-Ohio-3085, 49 N.E.3d
1317. On motion for reconsideration. Motion
denied.
Pfeifer and O’Donnell, JJ., dissent.
Kennedy, J., not participating.
DISCIPLINARY CASES
2012-2070. Disciplinary Counsel v. O’Malley.
On petition for reinstatement. Joseph Patrick
O’Malley, Attorney Registration No. 0060087, is
hereby reinstated to the practice of law.
2016-1361. In re Resignation of Hanni.
On application for resignation of Heidi A. Hanni,
Attorney Registration No. 0074801, and on report
filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2016-1397. In re Resignation of Summers.
On application for resignation of William Lawrence
Summers, Attorney Registration No. 0013007,
and on report filed under seal by disciplinary
counsel. Resignation accepted with disciplinary
action pending.
2 10-20-16
CASE ANNOUNCEMENTS
October 19, 2016
[Cite as 10/19/2016 Case Announcements, 2016-
Ohio-7371.]
MERIT DECISIONS WITH OPINIONS
2015-0505. In re D.S., Slip Opinion No. 2016-
Ohio-7369.
Cuyahoga App. No. 101161, 2015-Ohio-518.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., concurs in judgment only, with an
opinion.
2015-1969. State ex rel. Nichols v. Eppinger, Slip
Opinion No. 2016-Ohio7367.
Lorain App. No. 15CA010807. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-2059. State ex rel. Ridenour v. O’Connell,
Slip Opinion No. 2016-Ohio7368.
Montgomery App. No. 26592. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-1162. Cleveland Hts.-Univ. Hts. City School
Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-1950. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
DISCIPLINARY CASES
2014-1737. Cincinnati Bar Assn. v. Moore.
On motion for contempt. This matter is pending
before the court upon the filing of a motion for
contempt by relator, the Cincinnati Bar
Association.
Upon consideration thereof, it is ordered and
adjudged by this court that respondent, Rodger
William Moore, Attorney Registration No.
0074144, last known address in Fort Mitchell,
Kentucky, is found in contempt for failure to
comply with the court’s June 25, 2015 order, to
wit: continuing to practice law after this court’s
June 25, 2015 suspension order.
French, J., dissents.
2016-1291. Columbus Bar Assn. v. Simonette.
On motion for contempt. This matter is pending
before the court upon the filing of a motion for
contempt by relator, the Columbus Bar
Association.
Upon consideration thereof, it is ordered by this
court that relator’s motion for contempt filed
August 30, 2016, is granted. It is further ordered
that respondent, David G. Simonette, is found in
contempt. In addition, it is ordered that
respondent shall appear for his deposition and
shall comply with the orders issued by the Board
of Professional Conduct.
French, J., dissents.
2016-1448. Mahoning Cty. Bar Assn. v. Verkhlin.
On motion for immediate interim remedial
suspension. Mark Verkhlin, Attorney Registration
No. 0083203, last known business address in
Tallmadge, Ohio, is suspended from the practice
of law for an interim period.
2 10-19-16
French, J., dissents.
MISCELLANEOUS DISMISSALS
2016-1312. State ex rel. Haddix v. Forchione.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
3 10-19-16
CASE ANNOUNCEMENTS
October 18, 2016
[Cite as 10/18/2016 Case Announcements, 2016-
Ohio-7354.]
MERIT DECISIONS WITH OPINIONS
2016-0251. Disciplinary Counsel v. Warren, Slip
Opinion No. 2016-Ohio7333.
On Certified Report by the Board of Professional
Conduct, No. 2015-035. Kenneth Jay Warren,
Attorney Registration No. 0011040, is hereby
suspended from the practice of law for two years,
with no credit for time served under interim
suspension.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
and French, JJ., concur.
O’Donnell, J., dissents and would remand the
cause to the Board of Professional Conduct to
reconsider the sanction to be imposed.
O’Neill, J., dissents and would grant respondent
credit for time served under interim remedial
suspension.
2016-0856. Disciplinary Counsel v. Truax, Slip
Opinion No. 2016-Ohio-7334.
On Certified Report by the Board of Professional
Conduct, No. 2015-080. William Henry Truax,
Attorney Registration No. 0001923, is hereby
suspended from the practice of law for six
months, all stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents and would publicly reprimand
respondent.
MOTION AND PROCEDURAL RULINGS
2016-1300. Meeker R & D, Inc. v. Evenflo Co.,
Inc.
Portage App. Nos. 2014-P-0060 and 2015-P-
0017, 2016-Ohio-2688.
This cause is pending before the court as an
appeal from the Court of Appeals for Portage
County.
Upon consideration of appellant’s motion for stay,
it is ordered by the court that the motion is
granted and the supersedeas bond posted shall
continue during the pendency of this appeal.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2016-1353. Dave v. Dave.
Portage App. No. 2016-P-0020, 2016-Ohio-5185.
This cause is pending before the court as an
appeal from the Court of Appeals for Portage
County.
Upon consideration of appellant’s motion to stay
lower court decisions, it is ordered by the court
that the motion is denied.
O’Neill, J., dissents.
2016-1398. Troja v. Pleatman.
Hamilton App. No. C-150746, 2016-Ohio-5294.
This cause is pending before the court as an
appeal from the Court of Appeals for Hamilton
County.
Upon consideration of appellant’s motion to stay
imposition of sentence, it is ordered by the court
that the motion is denied.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0680. Hull Org., L.L.C. v. Clermont Cty. Bd.
of Revision. Board of Tax Appeals, No. 2015-888.
2016-1373. State ex rel. DeCrane v. Cleveland.
In Mandamus.
2016-1394. Johnson v. Shaker Heights Mun.
Court.
In Manadmus.
2016-1423. Spirit Master Funding IX, L.L.C. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2188 and 2015-
2195.
2 10-18-16
2016-1427. Realty Income Properties 24, L.L.C. v.
Delaware Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-2413 and 2015-
2414.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellant shall file a brief within 40 days of
the date of this entry, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2016-1137. Willoughby Hills Dev. and Distrib., Inc.
v. Testa.
Board of Tax Appeals, No. 2015-1069.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Respondent shall file a response to the complaint
within 21 days of the date of this entry.
2016-1115. State ex rel. Cincinnati Enquirer v.
Pike Cty. Coroner’s Office.
In Mandamus.
3 10-18-16
CASE ANNOUNCEMENTS
October 17, 2016
[Cite as 10/17/2016 Case Announcements, 2016-
Ohio-7332.]
MOTION AND PROCEDURAL RULINGS
2016-0930. State v. Banks-Harvey.
Warren App. No. CA2015-08-073, 2016-Ohio-
2894. This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender’s Office is appointed to represent
appellant.
2016-1212. State ex rel. Peoples v. Johnson.
Franklin App. No. 15AP-765, 2016-Ohio-5204.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
The records of this court indicate that appellant
has not filed a merit brief, due October 12, 2016,
in compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
CASE ANNOUNCEMENTS
October 14, 2016
[Cite as 10/14/2016 Case Announcements #3,
2016-Ohio-7331.]
MOTION AND PROCEDURAL RULINGS
2016-1486. Sunoco Pipeline, L.P. v Teter.
Harrison App. Nos. 16 HA 0002 and 16 HA 0005,
2016-Ohio-7073. This cause is pending before the
court as a jurisdictional appeal.
Upon consideration of appellant’s emergency
motion to stay execution of court of appeals’
judgment, it is ordered by the court that the
motion is granted. No bond is required to be
posted for this stay.
Lanzinger and French, JJ., dissent.
CASE ANNOUNCEMENTS
October 14, 2016
[Cite as 10/14/2016 Case Announcements #2,
2016-Ohio-7320.]
DISCIPLINARY CASES
2016-1148. Lorain Cty. Bar Assn. v. Mackin.
On motion to stay. On October 12, 2016, relator
filed a motion to stay proceedings and remand
this matter to the board.
Upon consideration thereof, it is ordered by the
court that respondent shall file a response, if any,
to relator’s motion by 12:00 p.m. on October 18,
2016. No requests or stipulations of extension of
time shall be permitted and the clerk of court shall
refuse to file any requests or stipulations for
extension of time.
2016-1506. Lorain Cty. Bar Assn. v. Mackin.
On motion for immediate interim remedial
suspension. On October 12, 2016, relator filed a
motion for immediate interim remedial suspension
pursuant to Gov.Bar R. V(19).
Upon consideration thereof, it is ordered by the
court that respondent shall file a response, if any,
to relator’s motion by 12:00 p.m. on October 18,
2016. No requests or stipulations of extension of
time shall be permitted and the clerk of court shall
refuse to file any requests or stipulations for
extension of time.
CASE ANNOUNCEMENTS
October 14, 2016
[Cite as 10/14/2016 Case Announcements, 2016-
Ohio-7317.]
MOTION AND PROCEDURAL RULINGS
2016-0929. ARCP RL Portfolio VI, L.L.C. v.
Fairfield Cty. Bd. of Revision.
Board of Tax Appeals No. 2015-1423. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS
October 13, 2016
[Cite as 10/13/2016 Case Announcements, 2016-
Ohio-7296.]
MOTION AND PROCEDURAL RULINGS
2016-0440. State v. Mutter.
Scioto App. No. 15CA3691, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that the
parties show cause within seven days of the date
of this entry why this court should not consolidate
this case with 2016-0441, State v. Mutter, for oral
argument only.
2016-0441. State v. Mutter.
Scioto App. No. 15CA3690, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that the
parties show cause within seven days of the date
of this entry why this court should not consolidate
this case with 2016-0440, State v. Mutter, for oral
argument only.
DISCIPLINARY CASES
2016-1340. Disciplinary Counsel v. Cummings.
On certified order of the Supreme Court of
Georgia, Nos. S12Y1443 and S12Y1461. Lisa
Mechelle Cummings, Attorney Registration No.
0064435, is hereby indefinitely suspended from
the practice of law in Ohio.
CASE ANNOUNCEMENTS
October 12, 2016
[Cite as 10/12/2016 Case Announcements #2,
2016-Ohio-7280.]
MOTION AND PROCEDURAL RULINGS
2016-1486. Sunoco Pipeline, L.P. v Teter.
Harrison App. No. 16 HA 0002 and 16 HA 0005,
2016-Ohio-7073. This cause is pending before the
court as a jurisdictional appeal.
It is ordered by the court, sua sponte, that
appellees shall file a response, if any, to
appellant’s emergency motion to stay execution of
court of appeals’ judgment no later than 12:00
p.m. on Thursday, October 13, 2016.
CASE ANNOUNCEMENTS
October 12, 2016
[Cite as 10/12/2016 Case Announcements, 2016-
Ohio-7273.]
DISCIPLINARY CASES
2016-1333. Disciplinary Counsel v. Brumbaugh.
On certification of default. Jeffrey Shane
Brumbaugh, Attorney Registration No. 0074102,
is hereby suspended from the practice of law for
an interim period.
Board of Professional Conduct Files Disciplinary
Case Reports and Recommendations
Staff Report | October 12, 2016
The Ohio Board of Professional Conduct today
announced it has filed the following reports and
recommendations for disciplinary cases involving
attorneys and judges charged with professional
misconduct with the Supreme Court of Ohio.
Except in consent-to-discipline cases, the parties
will have an opportunity to file objections to the
board’s report and recommendation with the
Supreme Court. If objections are filed, the case
will be scheduled for oral argument. Oral
argument is not scheduled in reinstatement
cases, except upon order of the Court. In cases in
which the board recommends acceptance of a
consent-to-discipline agreement, no objections
are permitted, and the case is submitted to the
Court for consideration.
Additional information about each case, including
the report and recommendation, may be obtained
by clicking on the hyperlink for each case.
Questions regarding pending cases should be
directed to the Office of Public Information at
614.387.9250.
Cases on Report of the Board
Butler County
Disciplinary Counsel v. Gregory Lawrence Peck
Case No. 2016-1490
Recommended sanction: Six-month suspension,
stayed
Cuyahoga County
Disciplinary Counsel v. Scott Clifford Smith
Case No. 2014-0197 (on remand)
Recommended sanction: Indefinite suspension
Ohio State Bar Association v. Harry Joseph Jacob
III
Case No. 2016-1488
Recommended Sanction: Two-year suspension,
one year stayed
Cleveland Metropolitan Bar Association v. Edward
Joseph Heben, Jr.
Case No. 2016-1495
Recommended Sanction: One-year suspension,
six months stayed
Franklin County
Disciplinary Counsel v. Thomas Patrick Maney Jr.
Case No. 2016-1494
Recommended sanction: One-year suspension,
six months stayed
Hamilton County
Disciplinary Counsel v. Robert Hansford Hoskins
Case No. 2016-1496
Recommended sanction: Disbarment
Warren County
Disciplinary Counsel v. Jeremiah Justin Denslow
Case No. 2016-1487
Recommended sanction: Six-month suspension,
stayed
Wood County
Wood County Bar Association v. Robert Eugene
Searfoss III
Case No. 2016-1489
Recommended sanction: Two-year suspension,
one year stayed
Reinstatement Case
Mahoning County
Mahoning County Bar Association v. William
Charles Helbley Jr.
Case No. 2012-0200
Recommendation: Grant reinstatement
Dismissal Based on Finding of No Misconduct
Cuyahoga County
Disciplinary Counsel v. Alan Jack Rapoport
Board Case No. 15-073
CASE ANNOUNCEMENTS
October 10, 2016
[Cite as 10/10/2016 Case Announcements, 2016-
Ohio-7251.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF OCTOBER 10,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the October 10, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-1874. In re Application of Champaign Wind,
L.L.C., 146 Ohio St.3d
489, 2016-Ohio-1513. 2014-0883. Columbus City
Schools Bd. of Edn. v. Franklin Cty. Bd. of
Revision, 146 Ohio St.3d 470, 2016-Ohio-757.
2014-1025. Oak View Properties, L.L.C. v.
Franklin Cty. Bd. of Revision, 146 Ohio St.3d 478,
2016-Ohio-786. 2014-1241. Haight v. Minchak,
146 Ohio St.3d 481, 2016-Ohio-1053. 2014-1295.
State v. Baker, 146 Ohio St.3d 456, 2016-Ohio-
451. 2014-1923. State ex rel. Conley v. Park, 146
Ohio St.3d 454, 2015-Ohio-5226. 2015-0852.
State ex rel. Lockhart v. Sheldon, 146 Ohio St.3d
468, 2016-Ohio
627.
16-AP-007. In re Disqualification of Dezso, 146
Ohio St.3d 1278, 2016-Ohio3110.
CASE ANNOUNCEMENTS
October 7, 2016
[Cite as 10/07/2016 Case Announcements, 2016-
Ohio-7239.]
DISCIPLINARY CASES
2015-1640. Disciplinary Counsel v. Lawrence.
On application for reinstatement. Meredith Lynn
Lawrence, Attorney Registration No. 0029098, is
hereby reinstated to the practice of law.
CASE ANNOUNCEMENTS
October 6, 2016
[Cite as 10/06/2016 Case Announcements #2,
2016-Ohio-7234.]
MOTION AND PROCEDURAL RULINGS
2016-1416. State ex rel. Belegrin v. Oliver.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s motion for
emergency stay, it is ordered by the court that the
motion is denied.
CASE ANNOUNCEMENTS
October 6, 2016
[Cite as 10/06/2016 Case Announcements, 2016-
Ohio-7219.]
MERIT DECISIONS WITH OPINIONS
2016-0265. Cleveland Metro. Bar Assn. v.
Frenden, Slip Opinion No. 2016Ohio-7198.
On Certified Report by the Board of Professional
Conduct, No. 2015-015. John Barry Frenden,
Attorney Registration No. 0076200, is hereby
permanently disbarred from the practice of law in
Ohio.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., dissent and would
indefinitely suspend respondent.
MOTION AND PROCEDURAL RULINGS
2011-0093. State v. Ketterer.
Butler C.P. No. CR2003030309. This cause came
for further consideration upon appellant’s filing of
a motion for stay of execution of death sentence
pending disposition of available state remedies.
Upon consideration of appellant’s motion to stay
execution of death sentence pending disposition
of available state remedies, it is ordered by the
court that the motion is granted. It is further
ordered that this stay shall remain in effect until
exhaustion of all state postconviction
proceedings, including any appeals.
2016-0646. Johnson v. Moore.
Warren App. No. CA2016-02-011. This cause is
pending before the court as an appeal from the
Court of Appeals for Warren County.
Upon consideration of appellant’s motion for
appointment of counsel, it is
ordered by the court that the motion is denied.
2016-0979. State ex rel. Sultaana v. Am. Honda
Fin. Corp.
In Mandamus. This cause came on for further
consideration upon the filing of relator’s
emergency motion to proceed to judgment. It is
ordered by the court that the motion is denied as
moot.
2016-1252. Preterm-Cleveland, Inc. v. Kasich.
Cuyahoga App. No. 103103, 2016-Ohio-4859.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motions for admission
pro hac vice of Lorie Chaiten and Jennifer Lee, it
is ordered by the court that the motions are
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission to appear pro hac
vice with the Supreme Court’s Office of Attorney
Services within 30 days of the date of this entry.
2
10-06-2016
CASE ANNOUNCEMENTS
October 5, 2016
[Cite as 10/05/2016 Case Announcements, 2016-
Ohio-7199.]
MERIT DECISIONS WITH OPINIONS
2014-2028. State v. Martin, Slip Opinion No.
2016-Ohio-7196.
Montgomery App. No. 26033, 2014-Ohio-3640.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
O’Donnell, Kennedy, and French, JJ., concur.
Lanzinger, J., dissents, with an opinion. O’Neill, J.,
dissents, with an opinion.
MERIT DECISIONS WITHOUT OPINIONS
2016-0321. State ex rel. Sultaana v. Gaul.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. On petitioner’s
motions to consolidate and to amend complaint,
and respondent’s motion to strike. Motions denied
as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0364. McIntyre v. Turner.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause
dismissed. Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., not participating.
2016-0612. Parks v. State.
In Habeas Corpus. On motions to dismiss and to
strike. Motions granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0824. Petric v. Bracy.
In Habeas Corpus. On motion for stay of
proceedings of this case. Motion granted.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
2016-0873. State v. Blair.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0963. Walker v. Bracy.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0966. McCarthy v. State.
In Mandamus. On amended motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents, and would deny the
motion and grant an alternative writ.
2016-0979. State ex rel. Sultaana v. Am. Honda
Fin. Corp.
In Mandamus. On complaint in mandamus of
Amirah Sultaana. On S.Ct.Prac.R.
10.5 determination, cause dismissed. On
amended motion to consolidate. Motion denied as
moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0987. Sudberry v. Schweitzer.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1022. Rose v. Powers.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1040. Butcher v. Portage Cty. Court of
Common Pleas.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, Kennedy, and French,
JJ., concur.
O’Donnell, Lanzinger, and O’Neill, JJ., dissent and
would grant an alternative writ.
2016-1071. State ex rel. Brown v. Schneider.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1072. State ex rel. Welling v. Dungy.
In Prohibition. On motions to dismiss. Motions
granted. Cause dismissed. On notice and demand
and objection to name change. Motion denied as
moot.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents, and would deny the
motions to dismiss and grant an alternative writ.
2016-1079. State ex rel. Bloodworth v. Powell.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1083. Phillips v. Erdos.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed. On motion
to proceed to judgment. Motion denied.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
and French, JJ., concur.
O’Donnell, J., dissents and would grant the
petition and deny the motion as moot.
O’Neill, J., dissents and would grant an alternative
writ.
2016-1088. State ex rel. Harrison v. Cuyahoga
Cty. Prosecutor.
In Mandamus. On request for civil discovery and
production of documents. Requests denied. On
motion to dismiss. Motion granted. Cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1092. State ex rel. Crim v. Capper.
In Mandumus. On S.Ct.Prac.R. 12.04
determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1103. State ex rel. McArthur v. Suster.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-1110. Goldshtein v. Mohr.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause
dismissed. On motion for leave to amend petition.
Motion granted.
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
O’Connor, C.J., and Pfeifer, J., would deny the
motion for leave to amend petition.
2016-1134. Nedea v. Cook.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
O’Donnell, J., would find the petitioner to be a
vexatious litigator under S.Ct.Prac.R. 4.03(B).
2016-1185. State ex rel. Armengau v. Haviland.
In Habeas Corpus. On petition for writ of habeas
corpus. Sua sponte, cause dismissed. On motion
requesting expedited ruling on petition for writ of
habeas corpus. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-1141. State v. Casada.
Cuyahoga App. No. 103362, 2016-Ohio-2633. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer and Kennedy, JJ., dissent.
2016-1157. State v. Torres.
Ashtabula App. No. 2014-A-0064. On motion for
leave to file delayed appeal. Motion denied.
2016-1165. State v. Sampson.
Cuyahoga App. No. 103311, 2016-Ohio-4560. On
motion for leave to file delayed appeal. Motion
granted.
2016-1173. State v. Albert.
Franklin App. No. 14AP-30, 2015-Ohio-249. On
motion for leave to file delayed appeal. Motion
denied.
2016-1178. State v. Thomas.
Summit App. No. 27405, 2015-Ohio-2377. On
motion for leave to file delayed appeal. Motion
denied.
2016-1191. State v. Musser.
Licking App. No. 15 CA 85, 2016-Ohio-3023. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer and Lanzinger, JJ., dissent.
2016-1209. State v. Garcia.
Cuyahoga App. No. 102546, 2016-Ohio-585. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer, J., dissents.
2016-1225. State v. Victor.
Geauga App. Nos. 2014-G-3220, 2014-G-3241,
and 2015-G-0010, 2015-Ohio5520. On motion for
stay of court of appeals’ judgment and petition for
court-ordered reinstatement of defendant’s state
driver’s license. Motions denied.
2016-1305. Evans v. Avon.
Lorain App. No. 15CA010879, 2016-Ohio-5460.
On emergency motion for stay of court of appeals’
judgment. Motion denied.
Lanzinger, Kennedy, and French, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2014-1181. State v. Obermiller.
Cuyahoga App. No. 101546, 2016-Ohio-1141.
Upon consideration of the jurisdictional
memoranda filed in this case, the court accepts
the appeal, vacates the decision of the court of
appeals, and remands this cause to the court of
appeals to consider the timeliness of the
appellant’s appeal on the merits.
O’Donnell, J., dissents.
2016-0903. State v. Batista.
Hamilton App. No. C-150341, 2016-Ohio-2848.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2016-0907. In re D.S.
Franklin App. No. 15AP-487, 2016-Ohio-2810.
Pfeifer and Kennedy, JJ., dissent.
2016-1020. State v. Beasley.
Hamilton App. No. C-150431, 2016-Ohio-1603.
Pfeifer and Kennedy, JJ., dissent.
2016-1024. State v. Jackson.
Summit App. No. 27132, 2015-Ohio-5246.
Discretionary appeal accepted and cause held for
decision in 2016–1782, State v. Shalash, and
briefing schedule stayed.
O’Connor, C.J., dissents.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0226. State v. James.
Cuyahoga App. No. 102604, 2015-Ohio-4987.
2016-0842. State v. Taylor.
Lawrence App. No. 15CA12, 2016-Ohio-2781.
2016-0843. In re Estate of Burton.
Warren App. No. CA2015-12-110, 2016-Ohio-
2683.
2016-0846. State v. Saah.
Cuyahoga App. No. 103601, 2016-Ohio-2643.
O’Donnell, J., dissents.
2016-0847. State v. McClendon.
Cuyahoga App. No. 103202, 2016-Ohio-2630.
O’Neill, J., dissents.
2016-0862. State v. Knowles.
Franklin App. No. 15AP-991, 2016-Ohio-2859.
2016-0869. In re J.B.
Allen App. No. 1-15-79, 2016-Ohio-2670.
2016-0870. State v. McDonald.
Fairfield App. No. 15-CA-45, 2016-Ohio-2699.
French and O’Neill, JJ., dissent.
2016-0876. State v. Hayes.
Portage App. No. 2014-P-0044, 2016-Ohio-2794.
2016-0880. State v. Gall.
Montgomery App. Nos. 26114 and 26115, 2016-
Ohio-2748.
2016-0882. State v. Wright.
Summit App. No. 28225. O’Connor, C.J., not
participating.
2016-0884. Brooklyn v. Woods.
Cuyahoga App. No. 103120, 2016-Ohio-1223.
2016-0889. State v. Young.
Cuyahoga App. No. 103024, 2016-Ohio-2720.
2016-0893. State v. Reyes.
Butler App. Nos. CA2015-06-113, CA2015-06-
114, and CA2015-06-115, 2016Ohio-2771.
French and O’Neill, JJ., dissent.
2016-0895. State v. Sekse.
Preble App. No. CA2015-07-015, 2016-Ohio-
2779.
2016-0898. State v. Lacey.
Cuyahoga App. No. 102812, 2016-Ohio-1375.
2016-0900. Sygula v. Regency Hosp. of
Cleveland, E.
Cuyahoga App. No. 103436, 2016-Ohio-2843.
2016-0905. State v. Davie.
Summit App. No. 27961, 2016-Ohio-2816.
O’Connor, C.J., not participating.
2016-0906. State v. Abdul.
Cuyahoga App. No. 103510, 2016-Ohio-3063.
2016-0908. Hill v. Pepsi-Cola Gen. Bottlers, Inc.
Lucas App. No. L-15-1184, 2016-Ohio-2868.
Lanzinger, J., not participating.
2016-0910. State v. Hartman.
Montgomery App. No. 26609, 2016-Ohio-2883.
2016-0911. Burton v. Cleveland Hts.-Univ. Hts.
School Dist.
Cuyahoga App. No. 103415, 2016-Ohio-2841.
2016-0912. State v. Cole.
Cuyahoga App. Nos. 103187, 103188, 103189,
and 103190, 2016-Ohio-2936.
2016-0913. S.F. v. Watson.
Mahoning App. No. 15 MA 0082, 2016-Ohio-2928.
O’Donnell, J., dissents.
2016-0915. State v. King.
Muskingum App. No. CT2015-0058, 2016-Ohio-
2788.
2016-0916. State v. Castleberry.
Cuyahoga App. No. 103124, 2016-Ohio-1539.
2016-0918. State v. Rarden.
Butler App. No. CA2015-12-214, 2016-Ohio-3108.
O’Neill, J., dissents.
2016-0922. Sparks v. Sparks.
Warren App. No. CA2015-10-095, 2016-Ohio-
2896.
2016-0924. State v. Jenkins.
Cuyahoga App. No. 102462, 2015-Ohio-4583.
2016-0927. State v. Dawley.
Fairfield App. No. 15-CA-66, 2016-Ohio-2904.
Kennedy, J., dissents.
2016-0932. AWL Transport, Inc. v. Ohio Dept. of
Job & Family Servs.
Franklin App. No. 15 AP-674, 2016-Ohio-2954.
O'Donnell, J., dissents.
2016-0933. State v. Goodson.
Cuyahoga App. Nos. 101830 and 101831, 2016-
Ohio-1535. O’Donnell, J., dissents.
2016-0939. Lee v. Ellison.
Hamilton App. No. C-150580.
2016-0941. State v. Brown.
Scioto App. No. 13CA3585, 2016-Ohio-1453.
2016-0944. Withintime, Inc. v. Cuyahoga Cty.
Fiscal Officer.
Cuyahoga App. No. 103482, 2016-Ohio-2944.
Pfeifer, J., dissents.
2016-0948. State v. Harris.
Cuyahoga App. No. 103807, 2016-Ohio-3071.
2016-0950. State v. Skipworth.
Cuyahoga App. No. 103701, 2016-Ohio-3069.
2016-0977. State v. Owens.
Lucas App. No. L-15-1215, 2016-Ohio-3092.
2016-0985. State v. Rodriguez.
Mahoning App. No. 16 MA 0046.
2016-0986. State v. Payne.
Summit App. No. 27947, 2016-Ohio-2819.
2016-0989. State v. Morales.
Summit App. No. 27765, 2016-Ohio-3313.
2016-0992. Gordon v. Ohio Dept. of Rehab. &
Corr.
Franklin App. No. 15AP-1081, 2016-Ohio-3142.
2016-0997. State v. Roberts.
Hamilton App. No. C-150293.
2016-1007. State v. Ladson.
Cuyahoga App. No. 103361, 2016-Ohio-3455.
2016-1018. State v. Sanchez.
Cuyahoga App. No. 103078, 2016-Ohio-3167.
O’Donnell, J., dissents.
2016-1019. State v. Sherrer.
Greene App. No. 2015-CA-40, 2016-Ohio-3198.
2016-1028. State v. Melhado.
Franklin App. No. 15AP-960.
2016-1125. State v. Trem.
Cuyahoga App. No. 102894, 2016-Ohio-4952.
2016-1156. State v. Lackey.
Montgomery App. No. 26293.
RECONSIDERATION OF PRIOR DECISIONS
2013-1619. State v. Mole.
Cuyahoga App. No. 98900, 2013-Ohio-3131.
Reported at __ Ohio St.3d __, 2016Ohio-5124, __
N.E.3d __. On motion for reconsideration. Motion
denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-0132. Link v. FirstEnergy Corp.
Cuyahoga App. No. CA-14-101286, 2014-Ohio-
5432. Reported at __ Ohio St.3d __, 2016-Ohio-
5083, __ N.E.3d __. On motion for
reconsideration. Motion denied.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2015-1470. State ex rel. Ford v. Ruehlman.
In Mandamus and Prohibition. Reported at __
Ohio St.3d __, 2016-Ohio-3529, __ N.E.3d __. On
emergency motion for reconsideration of
intervenors Stanley M. Chesley and Waite,
Schneider, Bayless & Chesley Co., L.P.A. Motion
denied.
Pfeifer and O’Donnell, JJ., dissent.
2016-0268. State ex rel. McIntyre v. Ninth Dist.
Court of Appeals.
In Mandamus. Reported at 146 Ohio St.3d 1466,
2016-Ohio-5108, 54 N.E.3d 1266. On motion for
reconsideration. Motion denied.
O’Connor, C.J., not participating.
2016-0409. State ex rel. Wilson v. Robinson.
In Habeas Corpus. Reported at 146 Ohio St.3d
1466, 2016-Ohio-5108, 54 N.E.3d 1266. On
motion for reconsideration. Motion denied.
2016-0502. Appenzeller v. Miller.
In Habeas Corpus. Reported at 146 Ohio St.3d
1466, 2016-Ohio-5108, 54 N.E.3d 1266. On
motion for reconsideration. Motion denied.
2016-0586. Shuerman v. Eastwood Local School
Dist. Bd. of Edn.
Wood App. No. WD-15-044, 2016-Ohio-846.
Reported at 146 Ohio St.3d 1470, 2016-Ohio-
5108, 54 N.E.3d 1269. On motion for
reconsideration. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2016-0675. State v. Lonero.
Lucas App. No. L-14-1229, 2016-Ohio-1113.
Reported at 146 Ohio St.3d 1472, 2016-Ohio-
5108, 54 N.E.3d 1270. On motion for
reconsideration. Motion granted. Discretionary
appeal accepted and cause held for decision in
2016–0215, State v. Grimes, and briefing
schedule stayed.
Pfeifer, O’Donnell, and French, JJ., dissent.
2016-0774. Wilson v. Bracy.
In Habeas Corpus. Reported at 146 Ohio St.3d
1467, 2016-Ohio-5108, 54 N.E.3d 1267. On
motion for reconsideration. Motion denied.
CASE ANNOUNCEMENTS
October 4, 2016
[Cite as 10/04/2016 Case Announcements, 2016-
Ohio-7180.]
MERIT DECISIONS WITH OPINIONS
2014-1594. Jefferson Industries Corp. v. Madison
Cty. Bd. of Revision, Slip Opinion No. 2016-Ohio-
7089.
Board of Tax Appeals, No. 2012-3624. Decision
vacated and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
16-AP-022. In re Disqualification of Giulitto, 2016-
Ohio-7033 (decided May 3, 2016).
16-AP-027. In re Disqualification of Tyack, 2016-
Ohio-7087 (decided May 4, 2016).
16-AP-037. In re Disqualification of Rastatter,
2016-Ohio-7088 (decided May 25, 2016).
MOTION AND PROCEDURAL RULINGS
2011-0857. State v. Obermiller.
Cuyahoga C.P. No. CR542119. This cause came
on for further consideration upon appellant’s filing
of a motion for appointment of counsel.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and Dennis L. Sipe is
appointed to represent appellant for the purpose
of filing an application to reopen his direct appeal
pursuant to S.Ct.Prac.R. 11.06.
2
10-04-2016
CASE ANNOUNCEMENTS
October 3, 2016
[Cite as 10/03/2016 Case Announcements, 2016-
Ohio-7123.]
MISCELLANOUS DISMISSALS
2016-1126. State ex rel. Maglis v. Indus. Comm.
Franklin App. No. 15AP-648, 2016-Ohio-4644.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County. The records of this court indicate that
appellant has not filed a merit brief, due
September 28, 2016, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
CASE ANNOUNCEMENTS
September 30, 2016
[Cite as 09/30/2016 Case Announcements, 2016-
Ohio-7074.]
MOTION AND PROCEDURAL RULINGS
2016-0271. State v. Polk.
Franklin App. No. 14AP-787, 2016-Ohio-28. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Marsha L. Levick, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2016-1207. Weber v. Ferrellgas, Inc.
Trumbull App. No. 2015-T-0071, 2016-Ohio-4738.
This cause is pending before the court as a
jurisdictional appeal.
Upon review of the amended motion for
admission pro hac vice of Brent N. Coverdale, it
appears that the motion is deficient, and therefore
it is ordered by the court that Brent N. Coverdale
shall file an amended motion for pro hac vice
admission that complies with S.Ct.Prac.R. 2.02(B)
(1) and has attached to the motion a certificate of
registration from the Office of Attorney Services.
2016-1325. In re Application of Ohio Edison Co.
to Provide for a Std. Serv. Offer in the Form of an
Elec. Sec. Plan.
Public Utilities Commission, No. 14-1297-EL-
SSO. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the motion of Ohio Edison
Company, the Cleveland Electric Illuminating
Company, and the Toledo Edison Company for
leave to intervene as appellees, it is ordered by
the court that the motion is granted.
Upon consideration of the joint motion to stay the
briefing schedule, it is ordered by the court that
the motion is granted.
DISCIPLINARY CASES
2015-1423. Disciplinary Counsel v. Coriell.
It is ordered by this court, sua sponte, that
Jennifer Lynn Coriell, Attorney Registration No.
0072791, last known business address in
Delaware, Ohio, is found in contempt for failure to
comply with this court’s order of May 12, 2016, to
wit: failure to file an affidavit of compliance on or
before June 13, 2016.
2016-0808. Lorain Cty. Bar Assn. v. Provenza.
It is ordered by this court, sua sponte, that Mark
Russell Provenza, Attorney Registration No.
0022490, last known business address in Lorain,
Ohio, is found in contempt for failure to comply
with this court’s order of June 2, 2016, to wit:
failure to file an affidavit of compliance on or
before July 5, 2016.
2 09-30-16
CASE ANNOUNCEMENTS September 27, 2016
[Cite as 09/27/2016 Case Announcements, 2016-
Ohio-6988.]
MOTION AND PROCEDURAL RULINGS
2016-1223. State v. Thompson.
Wayne App. No. 15AP0016, 2016-Ohio-4689.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion to strike
memorandum in support of jurisdiction, it is
ordered by the court that the motion is denied.
Appellee may file a memorandum in response to
jurisdiction within 30 days of the date of this entry.
CASE ANNOUNCEMENTS
September 26, 2016
[Cite as 09/26/2016 Case Announcements, 2016-
Ohio-6965.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF SEPTEMBER 26,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the September 26, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2011-0890. State ex rel. DeWine v. GMAC Mtge.,
L.L.C., 146 Ohio St.3d 393, 2016-Ohio-985.
2014-0941. State v. Shabazz, 146 Ohio St.3d
404, 2016-Ohio-1055. 2014-1036. Westerville City
Schools Bd. of Edn. v. Franklin Cty. Bd. of
Revision, 146 Ohio St.3d 412, 2016-Ohio-1506.
2014-1462. Whetstone v. Binner, 146 Ohio St.3d
395, 2016-Ohio-1006.
2015-0286. Cincinnati Bar Assn. v. Ball, 146 Ohio
St.3d 382, 2016-Ohio-785.
2015-0540. In re Application of Swendiman, 146
Ohio St.3d 444, 2016-Ohio
2813.
2015-0619. In re Von, 146 Ohio St.3d 448, 2016-
Ohio-3020.
2015-0622. State ex rel. Nye v. Coates, 146 Ohio
St.3d 426, 2016-Ohio-1559.
2015-0782. State ex rel. Morgan v. Fais, 146 Ohio
St.3d 428, 2016-Ohio-1564.
2015-0846. State ex rel. Dawson v. Summit Cty.
Court of Common Pleas, 146 Ohio St.3d 435,
2016-Ohio-1597.
2015-0907. State ex rel. Abraitis v. Gallagher, 146
Ohio St.3d 437, 2016-Ohio1598.
2015-1001. Disciplinary Counsel v. Thomas, 146
Ohio St.3d 429, 2016-Ohio1582.
2015-1398. State ex rel. Rudert v. Collier, 146
Ohio St.3d 441, 2016-Ohio1600.
2015-1632. Erie-Huron Cty. Bar Assn. v. Smith,
146 Ohio St.3d 390, 2016Ohio-881.
15-AP-061. In re Disqualification of Fragale, 146
Ohio St.3d 1275, 2015-Ohio5685.
MOTION AND PROCEDURAL RULINGS
2016-0506. Merriweather v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-456. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
DISCIPLINARY CASES
2016-0032. Trumbull Cty. Bar Assn. v. Bellew.
On certification of default. Timothy Eric Bellew,
Attorney Registration No. 0067573, is hereby
indefinitely suspended from the practice of law in
Ohio.
2 09-26-16
2016-1261. In re Resignation of Gussler.
On application for resignation of Stephanie Gail
Gussler, Attorney Registration No. 0059803, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
3 09-26-16
CASE ANNOUNCEMENTS
September 23, 2016
[Cite as 09/23/2016 Case Announcements, 2016-
Ohio-5955.]
MOTION AND PROCEDURAL RULINGS
2010-0256. In re C.E.M.
Hamilton App. No. C081233. This cause came on
for further consideration upon the filing of the
“motion of juvenile-appellant to restrict public
access to all documents filed in case No. 2010-
0256 pursuant to Sup.R. 45(E).” It is ordered by
the court that the motion is granted in part.
It is further ordered that counsel for appellant shall
come to the clerk’s office within 14 days of the
date of this order and redact the full name of
appellant in all the documents in the case and
replace it with appellant’s initials. The redactions
will also pertain to the remote access to the
documents.
MEDIATION MATTERS
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus. The court hereby returns this case
to the regular docket under S.Ct.Prac.R. 19.01.
Respondents shall file a response to the
complaint within 21 days of the date of this entry.
CASE ANNOUNCEMENTS
September 22, 2016
[Cite as 09/22/2016 Case Announcements #2,
2016-Ohio-5922.]
MERIT DECISIONS WITH OPINIONS
2016-1277. State ex rel. Sensible Norwood v.
Hamilton Cty. Bd. of Elections, Slip Opinion No.
2016-Ohio-5919.
In Mandamus. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
CASE ANNOUNCEMENTS
September 22, 2016
[Cite as 09/22/2016 Case Announcements, 2016-
Ohio-5915.]
DISCIPLINARY CASES
2011-2042. Disciplinary Counsel v. Ford.
On application for reinstatement. George Cook
Ford III, Attorney Registration No. 0011982, is
hereby reinstated to the practice of law.
2014-0192. Cleveland Metro. Bar Assn. v. Bancsi.
On application for reinstatement. Joseph Bancsi,
Attorney Registration No. 0025450, is hereby
reinstated to the practice of law.
2014-1738. Toledo Bar Assn. v. DeMarco.
On application for reinstatement. Robert Paul
DeMarco, Attorney Registration No. 0031530, is
hereby reinstated to the practice of law.
CASE ANNOUNCEMENTS
September 20, 2016
[Cite as 09/20/2016 Case Announcements #3,
2016-Ohio-5897.]
MOTION AND PROCEDURAL RULINGS
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. This matter came on for further
consideration upon the filing by relators of a
motion for reconsideration.
It is hereby ordered by the court, sua sponte, that
all proceedings in the case captioned In the
Matter of M.A.S., case No. 2014 JG 31779, in the
Allen County Juvenile Court are stayed pending
resolution of relators’ motion for reconsideration.
CASE ANNOUNCEMENTS
September 20, 2016
[Cite as 09/20/2016 Case Announcements #2,
2016-Ohio-5890.]
MERIT DECISIONS WITHOUT OPINIONS
2016-1370. State ex rel. Cairo v. Martin.
In Prohibition. Writ denied. Stay denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
CASE ANNOUNCEMENTS
September 20, 2016
[Cite as 09/20/2016 Case Announcements, 2016-
Ohio-5888.]
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1328. Store Master Funding VI, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Apppeals, Nos. 2015-1492 and
2015-1493.
2016-1334. State ex rel. Gwiazda v. Indus.
Comm.
Franklin App. No. 15AP-882, 2016-Ohio-5153.
2016-1342. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-2099.
CASE ANNOUNCEMENTS
September 19, 2016
[Cite as 09/19/2016 Case Announcements #2,
2016-Ohio-5881.]
MERIT DECISIONS WITH OPINIONS
2016-0614. State ex rel. Jacquemin v. Union Cty.
Bd. of Elections, Slip Opinion No. 2016-Ohio-
5880.
In Mandamus and Prohibition. Writ of mandamus
granted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
CASE ANNOUNCEMENTS
September 19, 2016
[Cite as 09/19/2016 Case Announcements, 2016-
Ohio-5873.]
MISCELLANEOUS DISMISSALS
2016-0638. State v. Blair.
In Habeas Corpus. This cause originated in this
court on the filing of a petition for a writ of habeas
corpus.
Upon consideration of petitioner’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-1065. State v. Blair.
In Habeas Corpus. This cause originated in this
court on the filing of a petition for a writ of habeas
corpus.
Upon consideration of petitioner’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
September 16, 2016
[Cite as 09/16/2016 Case Announcements #3,
2016-Ohio-5874.]
MOTION AND PROCEDURAL RULINGS
2016-1370. State ex rel. Cairo v. Martin.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition
involving termination of parental rights/adoption.
It is ordered by the court, sua sponte, that
respondent shall file a response to the complaint
no later than 3:00 p.m. on Monday, September
19, 2016.
CASE ANNOUNCEMENTS
September 16, 2016
[Cite as 09/16/2016 Case Announcements #2,
2016-Ohio-5865]
MERIT DECISIONS WITH OPINIONS
2016-1241. State ex rel. Ganoom v. Franklin Cty.
Bd. of Elections.
In Mandamus. Motion for leave to amend
mandamus affidavit granted. Writ
granted in part and denied in part. Pfeifer, French,
and O’Neill, JJ., concur. O’Connor, C.J., concurs,
with an opinion. Lanzinger and Kennedy, JJ.,
concur in judgment only. O’Donnell, J., dissents,
with an opinion.
CASE ANNOUNCEMENTS
September 16, 2016
[Cite as 09/16/2016 Case Announcements, 2016-
Ohio-5856.]
DISCIPLINARY CASES
2016-1291. Columbus Bar Assn. v. Simonette.
This cause is pending before the court upon the
filing of a motion for contempt by relator,
Columbus Bar Association.
Upon consideration thereof, it is ordered by this
court that respondent, David
G. Simonette, show cause by filing a written
response with the clerk of this court on or before
ten days from the date of this order why
respondent should not be held in contempt.
MISCELLANEOUS DISMISSALS
2015-1012. State ex rel. Lakewood Senior
Campus, L.L.C. v. Carpenter.
Franklin App. No. 14AP-587, 2015-Ohio-1732.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of the joint application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
CASE ANNOUNCEMENTS
September 15, 2016
[Cite as 09/15/2016 Case Announcements, 2016-
Ohio-5825.]
MERIT DECISIONS WITH OPINIONS
2014-0803. Walker v. Shondrick-Nau, Slip Opinion
No. 2016-Ohio-5793.
Noble App. No. 13 NO 402, 2014-Ohio-1499.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents, with an opinion.
O’Neill, J., dissents, with an opinion.
2014-0804. Corban v. Chesapeake Exploration,
L.L.C., Slip Opinion No. 2016-Ohio-5796.
Certified Question of State Law, United States
District Court, Southern District of Ohio, Eastern
Division, No. 2:13-cv-246. First certified question
answered in the affirmative. Second certified
question answered in the negative.
O’Connor, C.J, and O’Donnell and French, JJ.,
concur.
Lanzinger, J., concurs in judgment only.
Kennedy, J., concurs in judgment only as to the
first certified question and concurs as to the
second certified question, with an opinion.
Pfeifer, J., dissents as to the first certified question
and concurs as to the second certified question,
with an opinion joined by O’Neill, J.
2014-1208 and 2014-1209. Swartz v.
Householder, Slip Opinion No. 2016Ohio-5817.
Jefferson App. Nos. 13 JE 24 and 13 JE 25,
2014-Ohio-2359. Judgments reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2014-1655. Dahlgren v. Brown Farm Properties,
L.L.C., Slip Opinion No. 2016-Ohio-5818.
Carroll App. No. 13 CA 896, 2014-Ohio-4001.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2014-1767. Eisenbarth v. Reusser, Slip Opinion
No. 2016-Ohio-5819.
Monroe App. No. 13 MO 10, 2014-Ohio-3792.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2014-1886. Taylor v. Crosby, Slip Opinion No.
2016-Ohio-5820.
Belmont App. No. 13 BE 32, 2014-Ohio-4433.
Judgment affirmed and cause remanded.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2014-1909. Farnsworth v. Burkhart, Slip Opinion
No. 2016-Ohio-5816.
Monroe App. No. 13 MO 14, 2014-Ohio-4184.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., concurs in judgment only, with an
opinion.
Pfeifer, J., dissents.
2014-1966. Tribett v. Shepherd, Slip Opinion No.
2016-Ohio-5821.
Belmont App. No. 13 BE 32, 2014-Ohio-4320.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2014-2051. Wendt v. Dickerson, Slip Opinion No.
2016-Ohio-5822.
Tuscarawas App. No. 2014 AP 01 0003, 2014-
Ohio-4615. Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2 09-15-16
2015-0120 and 2015-0121. Albanese v. Batman,
Slip Opinion No. 2016-Ohio5814.
Belmont App. No. 14 BE 22, 2014-Ohio-5517, and
14 BE 2, 2014-Ohio-5500. Judgments affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., concurs in judgment only, with an
opinion joined by O’Neill, J.
2015-0195. Thompson v. Custer, Slip Opinion No.
2016-Ohio-5823.
Trumbull App. No. 2014-T-0052, 2014-Ohio-5711.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
2015-0235. Carney v. Shockley, Slip Opinion No.
2016-Ohio-5824.
Jefferson App. No. 14 JE 8, 2014-Ohio-5829.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
MOTION AND PROCEDURAL RULINGS
2015-0323. Steak N Shake, Inc. v. Warren Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2013-6104. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2016-1213. WCI, Inc. v. Ohio State Liquor Control
Comm.
Franklin App. No. 16AP-72, 2016-Ohio-4778. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Luke Lirot, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
3 09-15-16
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
4 09-15-16
CASE ANNOUNCEMENTS
September 14, 2016
[Cite as 09/14/2016 Case Announcements #2,
2016-Ohio-5815.]
RECONSIDERATION OF PRIOR DECISIONS
2016-1164. State ex rel. Jones v. Husted.
In Mandamus. Reported at __ Ohio St.3d __,
2016-Ohio-5681, __ N.E.3d __. On motion for
reconsideration. Motion denied.
CASE ANNOUNCEMENTS
September 13, 2016
[Cite as 09/13/2016 Case Announcements #2,
2016-Ohio-5795.]
MERIT DECISIONS WITH OPINIONS
2016-1247. State ex rel. Coover v. Husted.
In Mandamus. Writ denied. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, and French, JJ.,
concur. Kennedy, J., concurs in judgment only.
O’Neill, J., dissents, with an opinion.
CASE ANNOUNCEMENTS
September 14, 2016
[Cite as 09/14/2016 Case Announcements, 2016-
Ohio-5792.]
MERIT DECISIONS WITH OPINIONS
2015-1107. State v. Anderson, Slip Opinion No.
2016-Ohio-5791.
Mahoning App. No. 11 MA 43, 2015-Ohio-2029.
Judgment affirmed and cause
remanded.
O’Donnell, Kennedy, and French, JJ., concur.
O’Connor, C.J., concurs in judgment only.
Lanzinger, J., concurs in judgment only, with an
opinion joined by Pfeifer, J.
O’Neill, J., dissents.
2015-1670. State ex rel. Bunting v. Styer, Slip
Opinion No. 2016-Ohio-5781.
Tuscawaras App. No. 2014 AP 12 0054, 2015-
Ohio-3662. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1755. State ex rel. Poulton v. Cottrill, Slip
Opinion No. 2016-Ohio-5789.
Muskingum App. No. CT2015-0014, 2015-Ohio-
3857. Judgment affirmed and motions denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1974. State ex rel. Steele v. Eppinger, Slip
Opinion No. 2016-Ohio-5790.
Lorain App. No. 15CA010810. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-0955. State ex rel. Russell v. Clark Cty.
Court of Common Pleas.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0957. State ex rel. Russell v. Clark Cty.
Sheriff.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, and Kennedy, JJ.,
concur. French and O’Neill, JJ., dissent.
2016-0971. State ex rel. Bradford v. First Dist.
Court of Appeals Judges.
In Prohibition. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0991. Brown v. Williams.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-1069. State ex. rel. Shearer v. Britt.
In Mandamus. On S.Ct.Prac.R. 12.04
determination, cause dismissed without prejudice.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1754. Freedom Mtge. Corp. v. Robbins.
Hamilton App. No. C-140475. On motion on
decision of merits of case. Motion denied.
2016-0875. State v. Parks.
Highland App. No. 16CA3. On motion for
emergency stay. Motion denied.
2016-0885. State v. Wilson.
Cuyahoga App. No. 102921, 2016-Ohio-2718. On
motion for delayed cross-appeal. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2016-1013. Stewart v. Vivian.
Clermont App. No. CA2015-05-039, 2016-Ohio-
2892. On review of order certifying a conflict. The
court determines that a conflict exists. The parties
are to brief the issue stated at page 2 of the court
of appeals’ entry filed July 7, 2016:
“Whether a health care provider's statements of
fault or statements admitting liability made during
the course of apologizing or commiserating with a
patient or the patient's family are prohibited from
admission of evidence in a civil action under
Ohio's apology statute, R.C. 2317.43.”
The conflict case is Davis v. Wooster
Orthopaedics and Sports Med., Inc., 193 Ohio
App.3d 581, 2011-Ohio-3199 (9th Dist.).
It is ordered by the court that the clerk shall issue
an order for the transmittal of the record from the
Court of Appeals for Clermont County.
O’Donnell and French, JJ., dissent.
2016-1039. State v. Crider.
Allen App. No. 1-13-20, 2014-Ohio-2240. On
motion for leave to file delayed appeal. Motion
denied.
2016-1052. State v. Malone.
Hamilton App. No. C-160388. On motion for leave
to file delayed appeal. Motion denied.
Lanzinger and O’Neill, JJ., dissent.
2016-1057. Jabr v. Ohio Dept. of Job & Family
Servs.
Franklin App. No. 15AP-1141, 2016-Ohio-4775.
On motion for stay and for expedited decisions.
Motion denied.
2016-1058. Jabr v. Ohio Dept. of Taxation.
Franklin App. No. 16AP-26, 2016-Ohio-4776. On
motion for stay and for expedited decisions.
Motion denied.
O’Neill, J., dissents.
2016-1063. State v. Herrington.
Summit App. No. 27773. On motion for leave to
file delayed appeal. Motion denied.
2016-1064. State v. Gilliam.
Pickaway App. Nos. 15CA19 and 15CA20, 2016-
Ohio-2950. On motion for leave to file delayed
appeal. Motion denied.
Pfeifer, J., dissents.
2016-1066. State v. Patterson.
Cuyahoga App. No. 101415, 2015-Ohio-873. On
motion for leave to file delayed appeal. Motion
denied.
2016-1084. Mentor Way Real Estate Partnership
v. Hertanu.
Cuyahoga App. No. 103267, 2016-Ohio-4692. On
motion for stay of execution of court of appeals’
judgment. Motion denied.
French, J., dissents.
2016-1087. State v. Lewis.
Mahoning App. No. 15MA0071, 2016-Ohio-2716.
On motion for leave to file delayed appeal. Motion
denied.
2016-1112. State v. Allen.
Warren App. No. CA2014-03-048, 2015-Ohio-
5752. On motion for leave to file delayed appeal.
Motion denied.
2016-1113. State v. Lewis.
Mahoning App. No. 07 MA 0199. On motion for
leave to file delayed appeal. Motion denied.
O’Connor, C.J. dissents.
APPEALS ACCEPTED FOR REVIEW
2016-0704. Koprivec v. Rails-to-Trails of Wayne
Cty.
Wayne App. No. 15AP0006, 2016-Ohio-1141.
Discretionary appeal and cross-appeal accepted.
O’Connor, C.J., dissents, and would not accept
the appeal or the cross-appeal.
O’Donnell, J., dissents, and would not accept the
cross-appeal.
Kennedy and French, JJ., dissent, and would not
accept the appeal.
2016-0789. State v. Zimmerman.
Clark App. Nos. 2015-CA-62 and 2015-CA-63,
2016-Ohio-1475. Discretionary appeal accepted
and held for decision in 2016-0317, State v.
Anderson, and briefing schedule stayed.
O’Donnell and Kennedy, JJ., dissent.
2016-0790. Johnson v. Montgomery.
Montgomery App. Nos. 26319 and 26322, 2016-
Ohio-1472. O’Connor, C.J., and Kennedy and
French, JJ., dissent.
2016-0930. State v. Banks-Harvey.
Warren App. No. CA2015-08-073, 2016-Ohio-
2894. O’Connor, C.J., and Pfeifer and Lanzinger,
JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0403. State v. Marcum.
Preble App. No. CA2015-04-011, 2016-Ohio-263.
2016-0608. State v. Richard.
Hamilton App. No. C-150325.
2016-0739. State v. Curtis.
Hamilton App. No. C-150174, 2016-Ohio-1318.
Discretionary appeal and cross-appeal not
accepted.
2016-0769. State v. Hicks.
Greene App. No. 2015-CA-20, 2016-Ohio-1420.
2016-0773. State v. Gray.
Montgomery App. No. 26139, 2016-Ohio-1419.
2016-0775. State v. Edwards.
Mahoning App. No. 16 MA 0027. O’Donnell, J.,
dissents.
2016-0783. State v. Francis.
Fairfield App. No. 15-CA-31, 2016-Ohio-1459.
2016-0786. In re K.Z.-P.
Wood App. Nos. WD-15-014, WD-15-015, and
WD-15-016. O’Donnell, J., dissents.
2016-0787. Prewitt v. Wood Cty. Prosecutor’s
Office.
Wood App. No. WD-15-029, 2016-Ohio-1477.
Motions to dismiss denied as moot.
2016-0793. State v. Perander.
Montgomery App. No. 26790, 2016-Ohio-1474.
2016-0794. State v. Graves.
Lucas App. No. L-15-1226.
2016-0798. Kaminsky v. New Horizons Computer
Learning Ctr. of Cleveland.
Cuyahoga App. No. 103416, 2016-Ohio-1468.
2016-0802. Albert v. United Parcel Serv. of Am.,
Inc.
Cuyahoga App. No. 103163, 2016-Ohio-1541.
Pfeifer, J., dissents.
2016-0803. Webster v. Shaw.
Wyandot App. No. 16-15-08.
2016-0805. Black v. Hicks.
Cuyahoga App. No. 104461. Motion for sanctions
denied.
2016-0806. State Farm Mut. Auto. Ins. Co. v.
Schalk.
Montgomery App. No. 26573, 2016-Ohio-732.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0809. Pontius v. Riverside Radiology &
Interventional Assocs., Inc.
Franklin App. No. 15AP-906, 2016-Ohio-1515.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0814. State v. Lytle.
Franklin App. No. 15AP-556, 2016-Ohio-1552.
O’Donnell, J., dissents.
2016-0815. State v. Almedom.
Franklin App. No. 15AP-852, 2016-Ohio-1553.
O’Donnell and French, JJ., dissent.
2016-0817. State v. Gall.
Montgomery App. Nos. 26240 and 26245, 2016-
Ohio-1562.
2016-0818. Bodegas LAN S.A. v. European Wine
Imports, Inc.
Cuyahoga App. No. 103871.
2016-0819. State v. Mehanny.
Lucas App. No. L-15-1141, 2016-Ohio-2867.
Lanzinger, J., not participating.
2016-0820. State v. Cortez.
Licking App. No. 16CA0018.
2016-0825. State v. Clark.
Clark App. No. 2015-CA-23, 2016-Ohio-1560.
2016-0828. Bank of New York Mellon v.
McMasters.
Lake App. No. 2015-L-068, 2016-Ohio-1588.
O’Neill, J., dissents.
2016-0830. Gehrke v. Senkiw.
Montgomery App. No. 26829, 2016-Ohio-2657.
O’Neill, J., dissents.
2016-0831. Aurora Bank F.S.B. v. Gordon.
Cuyahoga App. No. 103074, 2016-Ohio-935.
2016-0832. State v. Pence.
Ross App. No. 14CA3473, 2016-Ohio-2880.
2016-0833. Thompson v. Buckeye Joint
Vocational School Dist.
Tuscarawas App. No. 2015 AP 08 0047, 2016-
Ohio-2804. Kennedy, J., dissents.
2016-0834. Cleveland v. Cleveland Police
Patrolmen’s Assn.
Cuyahoga App. No. 103456, 2016-Ohio-2635.
2016-0835. Chase Home Fin., L.L.C. v. Pfaffl.
Hamilton App. No. C-150483, 2016-Ohio-2621.
O’Neill, J., dissents.
2016-0836. State v. Phelps.
Cuyahoga App. No. 103206, 2016-Ohio-2631.
2016-0838. State v. Ojezua.
Montgomery App. No. 26787, 2016-Ohio-2659.
2016-0841. State v. Webster.
Cuyahoga App. No. 102833, 2016-Ohio-2624.
O’Neill, J., dissents and would accept the appeal
on Proposition of Law No.
II.
2016-0844. State v. Hogan.
Lucas App. No. L-14-1207.
2016-0849. State v. Hartley.
Franklin App. No. 15AP-192, 2016-Ohio-2854.
Lanzinger, J., dissents.
2016-0850. State v. Garner.
Cuyahoga App. No. 102816, 2016-Ohio-2623.
2016-0860. Agee v. Cuyahoga Cty.
Cuyahoga App. No. 103464, 2016-Ohio-2728.
2016-0868. State v. Hendrix.
Hamilton App. No. C-150194 and C-150200,
2016-Ohio-2697. O’Neill, J., dissents.
2016-0878. State v. Withrow.
Clark App. No. 2015-CA-24, 2016-Ohio-2884.
2016-0879. State v. Moore.
Stark App. No. 2015CA00137, 2016-Ohio-1339.
2016-0881. State v. Dennard.
Lorain App. No. 15CA010743, 2016-Ohio-2760.
2016-0883. State v. Banks.
Franklin App. No. 15AP-653, 2016-Ohio-5372.
2016-0887. Salim v. Smith.
Lorain App. No. 15CA010790, 2016-Ohio-2764.
2016-0897. Gianetti v. Teakwood, Ltd.
Franklin App. No. 15AP-413, 2016-Ohio-213.
2016-0931. Stewart v. Vivian.
Clermont App. No. CA2015-05-039, 2016-Ohio-
2892.
O’Connor, C.J., dissents and would accept the
appeal on Proposition of Law No. I.
Pfeifer and O’Neill, JJ., dissent.
2016-0938. State v. Ahlers.
Butler App. No. CA2015-06-100, 2016-Ohio-2890.
2016-0956. State v. Myers.
Wood App. No. WD-15-017. Motion to expand the
record and Second motion to expand the record
denied as moot.
2016-1043. State v. Hedenberg.
Cuyahoga App. No. 102112, 2016-Ohio-3318.
RECONSIDERATION OF PRIOR DECISIONS
2016-0668. Chase Home Fin., L.L.C. v.
Lindenmayer.
Licking App. No. 15-CA-32, 2016-Ohio-1202.
Reported at 146 Ohio St.3d 1472, 2016-Ohio-
5108, 54 N.E.3d 1270. On motion for
reconsideration. Motion denied.
2016-0959. Parks v. Parks.
Butler App. No. CA2015-12-223, 2016-Ohio-3218.
Reported at 146 Ohio St.3d 1463, 2016-Ohio-
5010, 54 N.E.3d 1263. On motion for
reconsideration. Motion denied.
2016-0996. State v. Bradley.
Scioto App. No. 15CA3721, 2016-Ohio-3245.
Reported at 146 Ohio St.3d 1464, 2016-Ohio-
5021, 54 N.E.3d 1264. On motion for
reconsideration. Motion denied.
CASE ANNOUNCEMENTS
September 13, 2016
[Cite as 09/13/2016 Case Announcements, 2016-
Ohio-5782.]
MERIT DECISIONS WITH OPINIONS
2010-2198. State v. McKelton, Slip Opinion No.
2016-Ohio-5735.
Butler C.P. No. CR2010-02-0189. Judgment
affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., concurs in part and dissents in part,
with an opinion.
O’Neill, J., concurs in part and dissents in part,
with an opinion.
2015-0197. State ex rel. Pietrangelo v. Avon Lake,
Slip Opinion No. 2016Ohio-5725.
In Mandamus. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, and
O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
Kennedy, J., concurs in part and dissents in part,
with an opinion joined by French, J.
2015-2000. Disciplinary Counsel v. Kramer, Slip
Opinion No. 2016-Ohio5734.
On Certified Report by the Board of Professional
Conduct, No. 2014-104. Roger Stephen Kramer,
Attorney Registration No. 0019210, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed on conditions.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
concur.
French, J., concurs in judgment only.
Kennedy, J., dissents, with an opinion joined by
Pfeifer and O’Donnell, JJ.
MISCELLANEOUS ORDERS
In re Overmyer.
On August 25, 2016, Special Prosecutor Carol
Hamilton O’Brien presented a request that the
chief justice establish a special commission of
three retired judges pursuant to R.C. 3.16(C).
Pursuant to R.C. 3.16, the special commission
shall be established by the chief justice, not
sooner than 14 days after receipt of the request,
to consider the suspension from public office of
Kyle Overmyer, Sheriff of Sandusky County, Ohio,
in relation to felony charges pertaining to official
conduct in office.
Accordingly, the following three retired judges are
hereby appointed and directed to proceed as
provided by R.C. 3.16:
Retired Judge Patrick McGrath
Retired Judge V. Lee Sinclair
Retired Judge John Solovan
Pursuant to R.C. 3.16(C)(1), at least one member
of the special commission is of the same party as
the public official and all members of the special
commission shall receive compensation for their
services and reimbursement for expenses
incurred in connection with special commission
functions, from funds appropriated by the attorney
general’s office.
It is further ordered that Jesse Mosser, staff
attorney in the Office of Chief Legal Counsel of
the Supreme Court of Ohio, shall serve as
secretary to the special commission, with
authority to contact the parties, schedule
hearings, and sign orders on behalf of and at the
direction of the special commission.
All documents in this matter shall be filed with the
secretary to the special commission either by mail
or in another manner directed by the secretary.
The original and five copies of all documents shall
be filed. All documents filed with the special
commission shall also be served on all other
parties to this matter on the day of filing with the
secretary.
Pursuant to R.C. 3.16(C)(2), all meetings of the
special commission shall be closed to the public
and the records shall not be made available to the
public for inspection or copying until the special
commission issues its written report or otherwise
concludes its proceedings.
2 09-13-16
11 Cases Certified to Attorney Discipline Board
Staff Report | September 13, 2016
The Ohio Board of Professional Conduct today
announced the certification of 11 cases to the
board for formal disciplinary proceedings.
In each case, a certified complaint has been sent
to the respondent, and the respondent has been
asked to file an answer to the allegations
contained in the complaint. Once an answer is
received, the case will be assigned to a three-
member hearing panel of the board, and the
hearing panel will conduct further proceedings.
Typically, a public hearing is scheduled within four
to six months after the case is assigned to a
hearing panel. Please consult the Upcoming
Hearings Schedule for a monthly list of board
hearings. Contact the board at 614.387.9370 to
confirm that a hearing will be held as scheduled or
for more information about a case. Case
documents can be obtained via e-mail upon
request.
If the board finds that a lawyer or judge has
engaged in professional misconduct, the board
will file a report with the Ohio Supreme Court that
includes a recommended sanction. The Supreme
Court is responsible for reviewing the case record
and imposing discipline.
To access the complaints in these cases, click on
the individual case numbers below.
Trumbull County Bar Association, Relator v.
Joseph Terrence Dull, Respondent
Case No. 2016-027
Respondent’s counsel: Thomas J. Wilson
Columbus Bar Association, Relator v. Joseph
Dues Reed, Respondent
Case No. 2016-028
Respondent’s counsel: None
Dayton Bar Association, Relator v. Derrick
Anthony Strahorn, Respondent
Case No. 2016-029
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Andrew Mahlon
Engel, Respondent
Case No. 2016-030
Respondent’s counsel: William C. Mann
Lorain County Bar Association, Relator v. Anisa
Asha Williamson, Respondent
Case No. 2016-031
Respondent’s counsel: None
Lorain County Bar Association, Relator v. Heather
B. Wilsey, Respondent
Case No. 2016-032
Respondent’s counsel: None
Lorain County Bar Association, Relator v. Kenneth
James Lewis, Respondent
Case No. 2016-033
Respondent’s counsel: Timothy T. Brick & Kevin
R. Marchaza
Disciplinary Counsel, Relator v. Brian Allan
Maciak, Respondent
Case No. 2016-035
Respondent’s counsel: Jonathan E. Coughlan
Columbus Bar Association, Relator v. Jeffrey
Thomas Kluesener, Respondent
Case No. 2016-036
Respondent’s counsel: Jonathan E. Coughlan
Ohio State Bar Association, Relator v. Lance
Timothy Mason, Respondent
Case No. 2016-037
Respondent’s counsel: None
Lorain County Bar Association, Relator v. James
Lee Lindon, Respondent
Case No. 2016-038
Respondent’s counsel: None
CASE ANNOUNCEMENTS
September 12, 2016
[Cite as 09/12/2016 Case Announcements, 2016-
Ohio-5765.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF SEPTEMBER 12,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the September 12, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2014-0319. State ex rel. Ohio Civ. Serv. Emps.
Assn. v. State, 146 Ohio St.3d 315, 2016-Ohio-
478.
2014-0998. In re Resignation of Naumoff, 146
Ohio St.3d 1264, 2014-Ohio3125.
2014-1769. Toledo City School Dist. Bd. of Edn. v.
State Bd. of Edn., 146 Ohio St.3d 356, 2016-
Ohio-2806.
2014-1778. Geneva Area Recreational,
Educational & Athletic Trust v. Testa, 146 Ohio
St.3d 345, 2016-Ohio-2695.
2015-0175. Jefferson v. Bunting, 146 Ohio St.3d
340, 2016-Ohio-614.
2015-0591. Cleveland Metro. Bar Assn. v.
Sweeney, 146 Ohio St.3d 335, 2016Ohio-469.
2015-0606. Disciplinary Counsel v. Ruffin, 146
Ohio St.3d 1267, 2016-Ohio
89.
2015-1004. Disciplinary Counsel v. Jackson, 146
Ohio St.3d 341, 2016-Ohio1599.
2015-1288. State v. Heinz, 146 Ohio St.3d 374,
2016-Ohio-2814.
2016-0719. In re Resignation of Albright, 146
Ohio St.3d 1269, 2016-Ohio3335.
2016-1035. In re King, 146 Ohio St.3d 1272,
2016-Ohio-4985.
MOTION AND PROCEDURAL RULINGS
2016-0899. State v. Tench.
Medina C.P. No. 14CR0541. This cause is
pending before the court as an appeal from the
Court of Common Pleas of Medina County.
Upon consideration of appellant’s motion for
extension of time to transmit record, it is ordered
by the court that the motion is granted. The record
shall be filed no later than October 25, 2016.
2 09-12-16
CASE ANNOUNCEMENTS
September 9, 2016
[Cite as 09/09/2016 Case Announcements, 2016-
Ohio-5719.]
MOTION AND PROCEDURAL RULINGS
2016-1316. State ex rel. Alford v. Ohio Adult
Parole Auth.
Warren App. No. CA2015-11-104. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Warren County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
DISCIPLINARY CASES
2016-1082. Disciplinary Counsel v. Bellew.
On certification of default. Timothy Eric Bellew,
Attorney Registration No. 0067573, is hereby
suspended from the practice of law for an interim
period.
2016-1102. Disciplinary Counsel v. Williams.
On certified order of the State of Michigan
Attorney Discipline Board, No. 16-9JC. Debbie
Grace Williams, Attorney Registration No.
0037530, is hereby suspended from the practice
of law in Ohio for 180 days.
2016-1105. Disciplinary Counsel v. Pearson.
On certified order of the New Hampshire Supreme
Court Professional Conduct Committee, Nos. 13-
026 and 14-032. Michael Taylor Pearson, Attorney
Registration No. 0061360, is hereby suspended
from the practice of law in Ohio for six months,
fully stayed on conditions.
MISCELLANEOUS DISMISSALS
2016-0371. State ex rel. McLane/Midwest, Inc. v.
Testa.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-1008. Snyder v. Fourth Dist. Court of
Appeals.
Pike App. No. 16CA870. This cause is pending
before the court as an appeal from the Court of
Appeals for Pike County. The records of this court
indicate that appellant has not filed a merit brief,
due September 6, 2016, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for Pike
County.
2016-1250. State ex rel. Bloodworth v. Doe.
In Procedendo and Mandamus. This cause
originated in this court on the filing of a complaint
for writs of procedendo and mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 09-09-16
CASE ANNOUNCEMENTS
September 7, 2016
[Cite as 09/07/2016 Case Announcements, 2016-
Ohio-5680.]
MERIT DECISIONS WITH OPINIONS
2014-1210. In re Application of Buckeye Wind,
L.L.C., Slip Opinion No. 2016-Ohio-5664.
Power Siting Board, No. 13-360-EL-BGA. Order
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0537. Mahoning Cty. Bar Assn. v. DiMartino,
Slip Opinion No. 2016Ohio-5665.
On Certified Report by the Board of Professional
Conduct, No. 2015-0060. Dennis Armand
DiMartino, Attorney Registration No. 0039270, is
hereby indefinitely suspended from the practice of
law.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., dissents and would permanently
disbar respondent.
DISCIPLINARY CASES
2016-1176. In re Resignation of Culbreath.
On application for resignation of Stanlee Earl
Culbreath, Attorney Registration No. 0033211,
and on report filed under seal by disciplinary
counsel. Resignation accepted with disciplinary
action pending.
2016-1177. In re Resignation of Johnson.
On application for resignation of James M.
Johnson, Attorney Registration No. 0012815, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2016-1204. In re Resignation of Wallace.
On application for resignation of Paul Lawrence
Wallace, Attorney Registration No. 0010369, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
MISCELLANEOUS DISMISSALS
2016-1264. State v. Teagarden.
Licking App. No. 15-CA-66, 2016-Ohio-3446. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-1245. Kengary Way OH Partnership, L.L.C.
v. Fairfield Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1432 and 2015-
1433.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Appellant shall file a brief within 40 days of the
date of these entries, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss this
case or take other action if the parties fail to timely
file merit briefs.
2016-0968. State ex rel. 31, Inc. v. Indus. Comm.
Franklin App. No. 14AP-925, 2016-Ohio-3526.
2 09-07-16
The following case has been returned to the
regular docket pursuant to
S.Ct.Prac.R. 19.01(E).
2015-1904. Lorring v. Cleveland.
In Mandamus.
3 09-07-16
CASE ANNOUNCEMENTS
September 6, 2016
[Cite as 09/06/2016 Case Announcements #2,
2016-Ohio-5683.]
MERIT DECISIONS WITH OPINIONS
2016-1164. State ex rel. Jones v. Husted, Slip
Opinion No. 2016-Ohio-5681.
In Mandamus. Writ denied.
O’Connor, C.J., and Lanzinger, Kennedy, and
O’Neill, JJ., concur.
Pfeifer, J., concurs in judgment only, with an
opinion.
O’Donnell, J., concurs in judgment only.
French, J., concurs in judgment only and would
deny the writ on the authority of State ex rel.
Walker v. Husted, 144 Ohio St.3d 361, 2015-Ohio-
3749, 43 N.E.3d 419.
CASE ANNOUNCEMENTS
September 6, 2016
[Cite as 09/06/2016 Case Announcements, 2016-
Ohio-5660.]
MERIT DECISIONS WITH OPINIONS
2015-1719. State ex rel. Meigs Cty. Home Rule
Commt. v. Meigs Cty. Bd. of Commrs., Slip
Opinion No. 2016-Ohio-5658.
Meigs App. No. 15CA9, 2015-Ohio-3701.
Judgment reversed and writ granted. O’Connor,
C.J., and Lanzinger, French, and O’Neill, JJ.,
concur. O’Donnell, J., dissents, with an opinion
joined by Pfeifer and Kennedy, JJ.
DISCIPLINARY CASES
2015-0589. Warren Cty. Bar Assn. v. Vardiman.
On application for reinstatement. Edwin Lowe
Vardiman Jr., Attorney Registration No. 0070574,
is hereby reinstated to the practice of law.
CASE ANNOUNCEMENTS
September 2, 2016
[Cite as 09/02/2016 Case Announcements #2,
2016-Ohio-5661.]
MOTION AND PROCEDURAL RULINGS
2016-1235. State ex rel. Jones v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ motion for
emergency relief, it is ordered by the court that
the motion is denied.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
dissent.
CASE ANNOUNCEMENTS
September 2, 2016
[Cite as 09/02/2016 Case Announcements, 2016-
Ohio-5642.]
DISCIPLINARY CASES
2016-1290. In re May.
On certified entry of felony conviction. Neal Allen
May, Attorney Registration No. 0062317, is
suspended from the practice of law in Ohio for an
interim period.
MISCELLANEOUS DISMISSALS
2016-0920. In re Complaint of Smith v. Ohio
Power Co.
Public Utilities Commission, No. 13-2109-EL-
CSS. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio. The records of this court indicate that
appellants have not filed a merit brief, due August
30, 2016, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore have
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Public Utilities Commission of Ohio.
CASE ANNOUNCEMENTS
September 1, 2016
[Cite as 09/01/2016 Case Announcements, 2016-
Ohio-5604.]
MERIT DECISIONS WITH OPINIONS
2015-2001. Cincinnati Bar Assn. v. Fernandez,
Slip Opinion No. 2016-Ohio5586.
On Certified Report by the Board of Professional
Conduct, No. 2015-039. Justin Enrique
Fernandez, Attorney Registration No. 0062974, is
hereby publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0250. Disciplinary Counsel v. Kendrick, Slip
Opinion No. 2016-Ohio5600.
On Certified Report by the Board of Professional
Conduct, No. 2015-038. Linda Louise Kendrick,
Attorney Registration No. 0078797, is hereby
suspended from the practice of law for one year,
fully stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0258. Warren Cty. Bar Assn. v. Clifton, Slip
Opinion No. 2016-Ohio5587.
On Certified Report by the Board of Professional
Conduct, No. 2015-040. Parker Lee Clifton,
Attorney Registration No. 0081815, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0259. Disciplinary Counsel v. Simmonds,
Slip Opinion No. 2016-Ohio5599.
On Certified Report by the Board of Professional
Conduct, No. 2015-047. Rasheed Asani
Simmonds, Attorney Registration No. 0067797, is
hereby suspended from the practice of law for one
year, with the entire suspension stayed on
conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0262. Medina Cty. Bar Assn. v. Beranek,
Slip Opinion No. 2016-Ohio5595.
On Certified Report by the Board of Professional
Conduct, No. 2015-049. Steven Bruce Beranek,
Attorney Registration No. 0066847, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0595. Cleveland Metro. Bar Assn. v.
Wallace, Slip Opinion No. 2016Ohio-5603.
On Final Report by the Board on the
Unauthorized Practice of Law, No. UPL 14
06. Consent decree approved. Robert K. Wallace
and Amy M. Wallace are enjoined from all
activities that constitute the unauthorized practice
of law in Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0920. In re Complaint of Smith v. Ohio
Power Co.
Public Utilities Commission, No. 13-2109-EL-
CSS. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of Ohio Power Company’s
motion to intervene as appellee, it is ordered by
the court that the motion is granted.
2016-1288. State ex rel. Perotti v. Clipper.
Lorain App. No. 16CA010962. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Lorain County and the
2 09-01-16
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
MISCELLANEOUS DISMISSALS
2016-0207. RG Steel Warren, L.L.C. v. Biviano.
Trumbull App. No. 2014-T-0064, 2015-Ohio-5463.
This cause is pending before the court as an
appeal from the Court of Appeals for Trumbull
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Trumbull County.
2016-0776. State v. Weems.
Cuyahoga App. No. 102954, 2016-Ohio-701. This
cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due
August 26, 2016, in compliance with the Rules of
Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
3 09-01-16
Opioid Addiction Tackled in First-Ever Regional
Summit
By Edward Miller | August 31, 2016
To kick off of a nine-state joint effort to combat
“the scourge of opioid addiction,” Ohio Supreme
Court Chief Justice Maureen O’Connor declared
that regional cooperation “will be critical in this
battle that we cannot afford to lose.”
“Our region’s judicial leaders have an especially
important role to play,” Chief Justice O’Connor
said. “In fact, I would argue we have no choice but
to step up.”
The Regional Judicial Opioid Initiative Opening
Summit, initiated by the Supreme Court and the
first of its kind, took place over three days last
week in Cincinnati and brought together judges,
criminal justice officers, public health experts, and
addiction specialists from Ohio, Michigan, Indiana,
Illinois, Kentucky, West Virginia, Virginia,
Tennessee, and Pennsylvania, as well as the
federal government.
As the attendees labored in a workshop setting,
the problem they’re committed to end raged in
their states back home and on the streets of the
host city. Health officials in Cincinnati responded
to more than 100 drug poisonings and overdoses,
three of them fatal, while the conference was
being held and spikes of opioid poisoning hit the
national news from Indiana, Kentucky, and West
Virginia.
The Ohio Department of Health issued a gloomy
drug abuse death report last week that said
deaths from the opioid fentanyl rose from 84 in
2013 to 503 in 2014 to 1,155 in 2015.
“It is a problem that respects no borders, no
boundaries, and no political concepts of who
should be responsible for addressing this
problem,” Chief Justice O’Connor told the
delegates. “Solving the opioid crisis that continues
to grow in our communities rests with each of us
and all of us.”
The conference was designed to be a problem-
solving first step in a year-long effort to knock
down institutional silos and thinking and to
establish a mindset of regional sharing – of ideas
and solutions.
“A cross-section of all three branches of
government and our partners in the private sector
must join forces to tackle this problem head-on,”
Chief Justice O’Connor said.
Kentucky Supreme Court Chief Justice John
Minton, who said an average of four people a day
in his state die of opioid abuse, told the delegates
that the epidemic “is devastating the lives of
addicts and those who love them.”
“It is flooding our emergency rooms, our courts,
our prisons, our child welfare systems, and our
treatment providers. It is taking an emotional toll
on our families and our communities,” Chief
Justice Minton said.
Chief Justice O’Connor declared that “the
government’s response must jettison traditional
notions of how government works and think
outside the box,” a theme that Ohio Gov. John
Kasich captured in a luncheon address on Day 2
of the conference.
”If you take a non-violent drug offender, the last
thing you want to do is put them in a penitentiary,”
Kasich said. “It would be great to keep them in
their local community.” Kasich then noted that
many addicts live in areas where help is scarce,
an issue for governments to address.
During the next 12 months, the delegates and the
departments they represent will share information
from their own programs and establish regional
policy planning and development across their
criminal justice, public health, family support,
medical, and behavioral systems.
“Ideas gleaned this week from our regional
partners will be critical in a battle that we cannot
afford to lose,” Chief Justice O’Connor said. At the
close of the conference, the Ohio chief justice told
the delegates that “the collaboration here was
phenomenal,” and added: “I want to thank you for
the hard work so far and the hard work that’s yet
to come.”
“This is a first-of-its-kind summit,” she said. “Let’s
make sure it’s not the last of its kind.”
CASE ANNOUNCEMENTS
August 31, 2016
[Cite as 08/31/2016 Case Announcements, 2016-
Ohio-5585.]
MERIT DECISIONS WITH OPINIONS
2015-1548. State ex rel. Ullmann v. Husted, Slip
Opinion No. 2016-Ohio-5584.
Franklin App. No. 14AP-863, 2015-Ohio-3120.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, and Lanzinger,
JJ., concur.
Pfeifer, Kennedy, and French, JJ., concur in
judgment only.
O’Neill, J., dissents, with an opinion.
2015-1615. State ex rel. Bevins v. Cooper, Slip
Opinion No. 2016-Ohio-5578.
Hamilton App. No. C-150507. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2009. Cleveland Metro. Bar Assn. v. Paris,
Slip Opinion No. 2016-Ohio5581.
On Certified Report by the Board of Professional
Conduct, No. 2015-005. Tasso Paris, Attorney
Registration No. 0038609, is hereby suspended
from the practice of law for six months, all stayed
on conditions.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
Kennedy, J., concurs, with an opinion.
Lanzinger, J., dissents, with an opinion joined by
O’Connor, C.J., and O’Neill, J.
2016-0257. Trumbull Cty. Bar Assn. v. Roland,
Slip Opinion No. 2016-Ohio5579.
On Certified Report by the Board of Professional
Conduct, No. 2014-054. David Keith Roland,
Attorney Registration No. 0037125, is hereby
permanently disbarred from the practice of law in
Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-0322. State ex rel. Graves v. Sixth Dist.
Court of Appeals.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French and O’Neill, JJ., concur.
2016-0569. State ex rel. Deloney v. First Dist.
Court of Appeals Judges.
In Prohibition. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
Pfeifer, J., dissents and would grant the writ.
2016-0689. Fields v. Reinbold.
In Procedendo. On motions to dismiss. Motions
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents in part and would deny the
motions to dismiss as they relate to Judge
Reinbold and grant an alternative writ.
2016-0722. State ex rel. Loper v. King.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. Motion to strike motion
to dismiss and motion for sanctions denied as
moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0732. West v. Second Dist. Court of
Appeals.
In Mandamus and Prohibition. On motions to
dismiss. Motions granted. Cause dismissed.
Objection and clarification denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0733. Johnson v. Montgomery Cty. Common
Pleas Court.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0734. Johnson v. Madison Cty. Common
Pleas Court.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0736. State ex rel. Thomas v. Culotta.
In Prohibition. On S.Ct.Prac.R. 12.04
determination, cause dismissed. O’Connor, C.J.,
and Pfeifer, O’Donnell, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
2016-0737. Johnson v. Highland Cty. Common
Pleas Court.
In Procedendo. On S.Ct.Prac.R. 12.04
determination, cause dismissed. O’Connor, C.J.,
and Pfeifer, O’Donnell, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
2016-0738. Johnson v. Fayette Cty. Common
Pleas Court.
In Procedendo. On answer of respondent and
motion for judgment on the pleadings. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0740. Johnson v. Adams Cty. Common
Pleas Court.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0751. Brotherton v. Sixth Dist. Court of
Appeals.
In Prohibition. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0827. State ex rel. Solomon v. Sheehan.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0864. State ex rel. Bradford v. Hamilton Cty.
Common Pleas Court.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. On motion for
sanctions, motion to deem admitted, and motion
to strike motion to dismiss. Motions denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0872. State ex rel. Rittner v. Sixth Dist.
Court of Appeals.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0890. State ex rel. Hinton v. Jackson.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-0080. State ex rel. McIntyre v. Summit Cty.
Court of Common Pleas.
In Mandamus and Prohibition. On motion to show
cause and/or for supplemental issuance of writ of
mandamus. Motion denied.
O’Connor, C.J., not participating.
2015-1204. State ex rel. Cleveland v. Indus.
Comm. of Ohio.
Franklin App. No. 13AP-1069, 2015-Ohio-2165.
On request for oral argument. Motion granted.
O’Connor, C.J., and Pfeifer and Lanzinger, JJ.,
dissent.
2015-1310. Cook v. State.
Allen App. No. 1-15-21. On motion to request
leaving jurisdiction of Ohio for medical purposes.
Motion denied.
2015-2021. Columbus City School Dist. Bd. of
Edn. v. Testa.
Board of Tax Appeals, No. 2014-4914. On joint
motion for partial remand of case to Tax
Commissioner and stay of briefing schedule.
Motion denied.
Pfeifer and O’Neill, JJ., dissent and would issue
an order to show cause why the appeal should
not be dismissed for lack of a final order.
O’Donnell, J., dissents and would remand the
entire cause to the Board of Tax Appeals.
2015-2081. Wilson v. Lawrence.
Cuyahoga App. No. 102585, 2015-Ohio-4677. On
motion to dismiss case numbers 2015-2081 and
2016-0180 as improvidently accepted. Motion
denied.
2016-0180. Wilson v. Lawrence.
Cuyahoga App. No. 102585, 2015-Ohio-4677. On
motion to dismiss case numbers 2015-2081 and
2016-0180 as improvidently accepted. Motion
denied.
2016-0288. Washington v. Hooks.
Ross App. No. 15CA3521. On motion to proceed
to United States Supreme Court, the court notes it
has no authority to grant the motion. Motion
denied.
2016-0499. State ex rel. Rohfeld v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. On motion for relief from judgment.
Motion denied.
2016-0866. State v. Patrick.
Butler App. No. CA2015-05-090, 2016-Ohio-995.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0871. State v. Weaver.
Cuyahoga App. No. 102902, 2016-Ohio-811. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-0874. State, v. Spencer.
Scioto App. No. 15CA3722. On motion for leave
to file delayed appeal. Motion denied.
2016-0888. State v. Short.
Richland App. No. 14CA67, 2015-Ohio-3183. On
motion for leave to file delayed appeal. Motion
denied.
2016-0914. State v. Hudson.
Mahoning App. No. 11 MA 77. On motion for
leave to file delayed appeal. Motion denied.
2016-0919. State v. Clark.
Montgomery App. No. 26596, 2016-Ohio-39. On
motion for leave to file delayed appeal. Motion
denied.
2016-0934. State v. Trollinger.
Hamilton App. No. C-150173. On motion for leave
to file delayed appeal. Motion denied.
French and O’Neill, JJ., dissent.
2016-0935. State v. Roy.
Franklin App. No. 14AP-986, 2015-Ohio-4959. On
motion for leave to file delayed appeal. Motion
denied.
2016-0949. State v. Sweeting.
Hamilton App. No. C-150436. On motion for leave
to file delayed appeal. Motion granted.
O’Connor, C.J., and Pfeifer and Lanzinger, JJ.,
dissent.
2016-0969. State v. Gipson.
Allen App. No. 1-15-51, 2016-Ohio-994. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0980. State v. Johnson.
Stark App. No. 2014CA00189, 2015-Ohio-3113.
On motion for leave to file delayed appeal. Motion
denied.
2016-1005. State v. Reid.
Cuyahoga App. No. 93222. On motion for leave to
file delayed appeal. Motion denied.
2016-1023. State v. Wolke.
Adams App. No. 15CA1008. On motion for leave
to file delayed appeal. Motion denied.
2016-1026. State v. Nelson.
Muskingum App. No. CT2015-0057, 2016-Ohio-
2787. On motion for leave to file delayed appeal.
Motion denied.
O’Neill, J., dissents.
2016-1029. State v. Johnson.
Cuyahoga App. No. 103408, 2016-Ohio-2840. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-1047. State v. Reyes-Rosales.
Adams App. No. 15CA1010, 2016-Ohio-3338. On
motion to stay execution of 90 day jail sentence.
Motion granted.
O’Connor, C.J., and Pfeifer and French, JJ.,
dissent.
2016-1076. Souders v. Souders.
Hamilton App. No. C-150552, 2016-Ohio-3522.
On motion for stay of court of appeals’ judgment.
Motion denied.
O’Donnell and Kennedy, JJ., dissent.
2016-1128. Canton v. Burns.
Stark App. Nos. 2015CA00163 and
2015CA00164, 2016-Ohio-4885. On motion for
stay of court of appeals’ judgment. Motion denied.
Lanzinger, Kennedy, and O’Neill, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2016-0672. State v. Mohamed.
Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116.
Pfeifer, Kennedy, and French, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2015-1073. State v. Bays.
Greene App. No. 2014-CA-24, 2015-Ohio-1935.
2015-1866. State v. Osie.
Butler App. No. CA2014-10-222, 2015-Ohio-3406.
Appeal and cross-appeal not accepted.
2016-0530. State v. Carlton.
Stark App. No. 2016CA00036. Motion to strike
waiver denied as moot.
2016-0576. English v. Progressive Specialty Ins.
Co.
Lucas App. No. L-14-1239, 2016-Ohio-847.
Appeal and cross-appeal not accepted.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0609. State v. Starr.
Richland App. No. 15-CA-36, 2016-Ohio-1004.
O’Neill, J., dissents.
2016-0682. State v. Melin.
Seneca App. No. 13-15-29, 2016-Ohio-1427.
O’Donnell and O’Neill, JJ., dissent.
2016-0688. State v. Sanchez.
Putnam App. No. 12-16-01.
2016-0691. Routson-Gim-Belluardo v. Jefferson
Twp. Local School Dist. Bd. of Edn.
Montgomery App. No. CA 026789, 2016-Ohio-
1265. O’Donnell, J., dissents.
2016-0692. Home S. & L. Co. of Youngstown v.
Evergreen Land Dev.
Mahoning App. No. 12 MA 215, 2016-Ohio-1248.
2016-0693. Thompson v. Oberlander’s Tree &
Landscape, Ltd.
Marion App. No. 9-15-44, 2016-Ohio-1147.
Lanzinger and Kennedy, JJ., dissent.
2016-0694. Brahm v. DHSC, L.L.C.
Stark App. No. 2015CA00165, 2016-Ohio-1204.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0695. Levy v. Seiber.
Butler App. Nos. CA2015-02-019, CA2015-02-
021, and CA2015-02-030, 2016Ohio-68.
2016-0698. State v. Scott.
Sandusky App. No. S-15-012, 2016-Ohio-1480.
2016-0699. State v. Simpson.
Montgomery App. No. 26632, 2016-Ohio-1267.
2016-0700. State v. Simpson.
Montgomery App. No. 26633, 2016-Ohio-1268.
2016-0702. State v. Bozek.
Portage App. No. 2015-P-0018, 2016-Ohio-1305.
2016-0705. State v. Ealy.
Franklin App. No. 15AP-600, 2016-Ohio-1185.
2016-0709. State v. Simpson.
Montgomery App. No. 26631, 2016-Ohio-1266.
O’Donnell, J., dissents and would accept the
cause on Proposition of Law No. I.
2016-0710. Christian v. Kettering Med. Ctr.
Montgomery App. No. 26717, 2016-Ohio-1260.
2016-0711. Bayer v. S. Pleasant Dev. Group,
L.L.C.
Fairfield App. No. 15-CA-16, 2016-Ohio-1336.
Pfeifer J., dissents.
French, J., dissents and would accept the cause
on Proposition of Law No. I.
2016-0712. Slane v. Hilliard.
Franklin App. No. 15AP-493, 2016-Ohio-306.
Pfeifer, J., dissents.
O’Donnell, J., not participating.
2016-0713. Helton v. U.S. Restoration &
Remodeling, Inc.
Franklin App. No. 14AP-899, 2016-Ohio-1232.
French, J., not participating.
2016-0714. State v. Powell.
Cuyahoga App. No. 102922, 2016-Ohio-1220.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent and would accept the cause, vacate the
judgment, and remand the case to the court of
appeals for application of State v. Jones, Slip
Opinion No. 2016-Ohio-5105.
2016-0715. In re L.Z.
Licking App. No. 15-CA-36, 2016-Ohio-1337.
Pfeifer, O’Donnell, and French, JJ., dissent.
2016-0716. White v. Cuyahoga Falls.
Summit App. No. 27807, 2016-Ohio-1200.
2016-0717. Dunkin's Diamonds, Inc. v. Chavis.
Franklin App. No. 15AP-753, 2016-Ohio-1243.
2016-0725. Calkins v. Calkins.
Geauga App. Nos. 2014-G-3203 and 2014-G-
3218, 2016-Ohio-1297. O’Donnell and Kennedy,
JJ., dissent.
2016-0728. Young v. Craig Transp.
Wood App. Nos. WD-14-068, WD-14-073, and
WD-14-077, 2016-Ohio-1401.
O’Connor, C.J., and Lanzinger, J., dissent and
would accept the cause on Proposition of Law No.
I.
O’Neill, J., dissents.
2016-0730. Tighe v. Kaiser.
Ottawa App. No. OT-15-032, 2016-Ohio-1400.
2016-0731. Elliot v. Aloha Spy.
Cuyahoga App. No. 104304. Application to
proceed denied as moot.
2016-0742. State v. Bacon.
Lucas App. No. L-14-1112, 2016-Ohio-618.
2016-0744. State v. Mitchell.
Mahoning App. No. 14 MA 0119, 2016-Ohio-1439.
French, J., dissents.
2016-0745. State v. Colon.
Cuyahoga App. No. 103150, 2016-Ohio-707.
O'Donnell and French, JJ., dissent.
2016-0748. Kearney v. Campbell.
Summit App. No. 27495, 2016-Ohio-1332. Pfeifer,
J., dissents.
2016-0749. State v. Brown.
Lake App. No. 2014-L-037, 2016-Ohio-1358.
O’Donnell, J., dissents.
2016-0753. State v. Dovala.
Lorain App. No. 14CA010692, 2016-Ohio-1349.
2016-0754. State v. Thompson.
Lucas App. No. L-15-1006, 2016-Ohio-1399.
O’Neill, J., dissents.
2016-0755. In re P.G.
Warren App. No. CA201501009010, 2016-Ohio-
1433.
2016-0758. Acuity, A Mut. Ins. Co. v. Siding &
Insulation Co.
Cuyahoga App. No. 103180, 2016-Ohio-1381.
French, J., dissents.
2016-0759. State ex rel. Brannon v. Lakeview
Local School Dist. Bd. of Edn.
Trumbull App. No. 2015-T-0034, 2016-Ohio-1367.
O’Donnell and Kennedy, JJ., dissent.
2016-0760. CitiMortgage Inc. v. Hasan.
Cuyahoga App. No. 103248, 2016-Ohio-1544.
2016-0762. Walker v. Brewster.
Stark App. No. 2015CA00142, 2016-Ohio-1463.
2016-0766. State v. Newman.
Wood App. No. WD-15-031, 2016-Ohio-2667.
2016-0768. State v. Delong.
Ross App. No. 15CA3482, 2016-Ohio-1412.
French, J., dissents.
2016-0770. State v. Young.
Cuyahoga App. No. 103080, 2016-Ohio-1379.
2016-0782. State v. Jackson.
Cuyahoga App. No. 103035, 2016-Ohio-704.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent.
2016-0784. Boddie v. Landers.
Franklin App. No. 15AP-962, 2016-Ohio-1410.
French, J., not participating.
2016-0795. Rohrer v. Ohio Pub. Defender.
Franklin App. No. 16AP-153.
2016-0799. Black v. Watson.
Cuyahoga App. No. 103600, 2016-Ohio-1470.
2016-0807. State v. Glover.
Montgomery App. No. 26523, 2016-Ohio-2749.
2016-0829. State v. Rivera.
Lucas App. No. L-15-1227.
2016-0891. State v. Rolfes.
Cuyahoga App. No. 102521, 2016-Ohio-2933.
2016-0892. State v. Warren.
Cuyahoga App. No. 102181, 2016-Ohio-2827.
2016-0917. State v. Everson.
Mahoning App. Nos. 14 MA 0072 and 12 MA
0128.
2016-0964. State v. Creech.
Scioto App. No. 09CA3291.
2016-0983. In re N.P.
Lake App. Nos. 2016-L-002 and 2016-L-003,
2016-Ohio-3125. Kennedy and O’Neill, JJ.,
dissent.
2016-1027. State v. Thomas.
Summit App. No. 27405. French, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2011-0857. State v. Obermiller.
Cuyahoga C.P. No. CR542119. Reported at __
Ohio St.3d __, 2016-Ohio-1594, __ N.E.3d __. On
motion for reconsideration. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2014-0650. State ex rel. Altman-Bates v. Pub.
Emps. Retirement Bd.
Franklin App. No. 11AP-196, 2014-Ohio-1182.
Reported at __ Ohio St.3d __, 2016-Ohio-3100,
__ N.E.3d __. On motion for reconsideration of
Franklin County Board of Commissioners. Motion
denied.
O’Donnell, Lanzinger, and Kennedy, JJ., dissent.
Kathleen Ann Keough, J., of the Eighth Appellate
District, sitting for French, J.
2014-0791. Deutsche Bank Natl. Trust Co. v.
Holden.
Summit App. No. 26970, 2014-Ohio-1333.
Reported at __ Ohio St.3d __, 2016Ohio-4603, __
N.E.3d __. On motion for reconsideration. Motion
denied.
2015-1858. In re Estate of Cvanciger.
Lake App. No. 2014-L-095, 2015-Ohio-4318.
Reported at 146 Ohio St.3d 1427, 2016-Ohio-
4606, 52 N.E.3d 1203. On motion for
reconsideration. Motion denied.
2016-0191. State ex rel. Vincent v. Jenkins.
In Habeas Corpus. Reported at 146 Ohio St.3d
1412, 2016-Ohio-3390, 51 N.E.3d
657. On motion for reconsideration. Motion
denied.
2016-0339. State v. Dickerson.
Cuyahoga App. No. 102461, 2016-Ohio-807.
Reported at 146 Ohio St.3d 1428, 2016-Ohio-
4606, 52 N.E.3d 1203. On motion for
reconsideration. Motion granted and cause
accepted. Judgment vacated and cause
remanded to the court of appeals for application
of State v. Jones, Slip Opinion No. 2016-Ohio-
5105.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent.
2016-0380. Wells Fargo Bank, N.A. v. Hazel.
Franklin App. No. 15AP-93, 2016-Ohio-305.
Reported at 146 Ohio St.3d 1415, 2016-Ohio-
3390, 51 N.E.3d 660. On motion for
reconsideration. Motion denied.
2016-0411. Gregory v. Martin.
Jefferson App. No. 15 JE 17, 2016-Ohio-650.
Reported at 146 Ohio St.3d 1416, 2016-Ohio-
3390, 51 N.E.3d 660. On motion for
reconsideration. Motion denied.
2016-0420. Fisher v. Ironton.
Miscellaneous case. Reported at 146 Ohio St.3d
1412, 2016-Ohio-3390, 51 N.E.3d 657. On motion
for reconsideration. Motion denied. On motion for
all transcripts to be filed from the lower court.
Motion denied.
2016-0434. Dillard v. Automation Tool & Die, Inc.
Medina App. No. 15CA0055-M. Reported at 146
Ohio St.3d 1416, 2016-Ohio3390, 51 N.E.3d 660.
On motion for reconsideration. Motion denied.
Pfeifer and French, JJ., dissent.
2016-0477. Wheatley v. Marietta College.
Washington App. No. 14CA18, 2016-Ohio-949.
Reported at 146 Ohio St.3d 1208, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for
reconsideration. Motion denied.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
dissent.
2016-0498. In re J.L.
Trumbull App. No. 2015-T-0137, 2016-Ohio-644.
Reported at 146 Ohio St.3d 1429, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for
reconsideration. Motion denied.
O'Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2016-0529. Lundeen v. Smith-Hoke.
Franklin App. No. 15AP-236, 2015-Ohio-5086.
Reported at 146 Ohio St.3d 1429, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for
reconsideration. Motion denied.
2016-0623. Schultheiss v. Heinrich Ents., Inc.
Washington App. No. 15CA20, 2016-Ohio-121.
Reported at 146 Ohio St.3d 1431, 2016-Ohio-
4606, 52 N.E.3d 1205. On motion for
reconsideration. Motion granted and cause
accepted on Proposition of Law No. I.
Lanzinger, Kennedy, and French, JJ., would
accept the cause on all Propositions of Law.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2016-0629. Bank of New York Mellon v.
Ackerman.
Montgomery App. No. 26779, 2016-Ohio-960.
Reported at 146 Ohio St.3d 1431, 2016-Ohio-
4606, 52 N.E.3d 1205. On motion for
reconsideration. Motion denied.
2016-0644. State v. Anderson.
Franklin App. No. 16AP-156. Reported at 146
Ohio St.3d 1431, 2016-Ohio-4606, 52 N.E.3d
1205. On motion for reconsideration. Motion
denied.
2016-0746. State ex rel. Stanley v. Andrews.
In Mandamus. Reported at 146 Ohio St.3d 1404,
2016-Ohio-3194, 50 N.E.3d 570. On motion for
reconsideration and vacate. Motion denied. On
motion to dismiss and disregard, motion for
clarification of record, and motion to vacate
judgment. Motions denied as moot.
Amendment Would Clarify Lawyers’
Responsibilities In Providing Services to Medical
Marijuana Clients
Staff Report | August 31, 2016
The Ohio Supreme Court today announced a
proposed amendment to the Rules of Professional
Conduct clarifying the ethical responsibilities of
lawyers under the state’s new medical marijuana
law. The Supreme Court will accept public
comment through Sept. 18.
If adopted, the proposed amendment would
modify the provision in Prof. Cond. R. 1.2(d) by
adding a new subsection, which reads:
“A lawyer may counsel or assist a client regarding
conduct expressly permitted under Sub.H.B. 523
of the 131st General Assembly authorizing the
use of marijuana for medical purposes and any
state statutes, rules, orders, or other provisions
implementing the act. In these circumstances, the
lawyer shall also advise the client regarding
related federal law.”
The need to clarify the services attorneys can
offer clients arose after an Aug. 11 non-binding
advisory opinion issued by the independent Board
of Professional Conduct. The Board’s advisory
opinion acknowledged the state’s new law, but
also stated that prohibitions in federal law might
create ethical problems for lawyers counseling or
assisting a client with regard to the new state law,
depending upon the nature of the services their
clients are seeking.
Chief Justice Maureen O’Connor today reiterated
the need for the Court to move expeditiously, yet
with due diligence. “We will revisit the issue after
examining public comments, which serve as a
backstop to identify any unintended
consequences that haven’t been uncovered so
far,” she said.
Public comment should be submitted in writing or
via email by Sept. 18 to:
John VanNorman, Senior Policy and Research
Counsel
Ohio Supreme Court
65 S. Front St., Seventh Floor
Columbus, OH 43215
or
John.VanNorman@sc.ohio.gov
CASE ANNOUNCEMENTS
August 30, 2016
[Cite as 08/30/2016 Case Announcements, 2016-
Ohio-5577.]
MERIT DECISIONS WITH OPINIONS
2015-0108. Carter v. Reese, Slip Opinion No.
2016-Ohio-5569.
Butler App. No. CA2014-04-095, 2014-Ohio-5395.
Judgment affirmed. O’Donnell, Kennedy, French,
and O’Neill, JJ., concur. O’Connor, C.J., dissents,
with an opinion joined by Lanzinger, J. Pfeifer, J.,
dissents, with an opinion.
2015-0473. State v. Thomas, Slip Opinion No.
2016-Ohio-5567.
Cuyahoga App. No. 101202, 2015-Ohio-415.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
Lanzinger, French, and O’Neill, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy, J.
2015-1278. State ex rel. Marmaduke v. Ohio
Police & Fire Pension Fund, Slip Opinion No.
2016-Ohio-5550.
Franklin App. No. 14AP-489, 2015-Ohio-2491.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
2015-1483. State ex rel. Keith v. Gaul, Slip
Opinion No. 2016-Ohio-5566.
Cuyahoga App. No. 102875, 2015-Ohio-3480.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
2015-1533. State ex rel. Steinle v. Dewey, Slip
Opinion No. 2016-Ohio-5549.
Sandusky App. No. S-15-016, 2015-Ohio-3618.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2004-0586. State v. Drummond.
Mahoning C.P. No. 03CR358. This cause came
on for further consideration upon appellee’s
motion to set an execution date.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
It is further ordered that John E. Drummond’s
sentence be carried into execution by the warden
of the Southern Ohio Correctional Facility, or in his
absence, by the deputy warden on Thursday, the
17th day of September, 2020, in accordance with
the statutes so provided.
It is further ordered that a certified copy of this
entry and a warrant under the seal of this court be
duly certified to the warden of the Southern Ohio
Correctional Facility and that said warden shall
make due return thereof to the Clerk of the Court
of Common Pleas of Mahoning County.
Pfeifer, J., dissents.
O’Neill, J., dissents for the reasons stated in his
dissenting opinion in State
v. Wogenstahl, 134 Ohio St.3d 1437, 2013-Ohio-
164, 981 N.E.2d 900.
2016-0441. State v. Mutter.
Scioto App. No. 15CA3690, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender is appointed to represent appellant.
2 08-30-16
Ohio Board of Professional Conduct Announces
September Disciplinary Hearings
The following schedule of disciplinary cases is set
for September hearings by the Ohio Board of
Professional Conduct. All hearings take place
before a three-member panel of the board and are
open to the public. The hearings involve an
individual attorney or judge who is charged with
professional misconduct.
Hearings may be continued for good cause at any
time. Contact the board's office at 614.387.9370
to confirm that a hearing will be held as scheduled
or for more information about a case. Case
documents can be obtained via email upon
request.
Sept. 6
Disciplinary Counsel, Relator v. Gregory
Lawrence Peck, Respondent
Case No. 2015-067
Respondent’s address: 3426 Indian Creek Road,
Oxford
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., North
Hearing Room 106, Columbus
Sept. 26
Disciplinary Counsel, Relator v. Andrew Robert
Schuman, Respondent
Case No. 2016-021
Respondent’s address: 610 Fifth St., Bowling
Green
Respondent’s counsel: Jeffrey Nunnari, Toledo
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
Sept. 30
Cleveland Metropolitan Bar Association, Relator v.
Joseph English Feighan III, Respondent
Case No. 2016-012
Respondent’s address: 14516 Detroit Ave.,
Lakewood
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
..
CASE ANNOUNCEMENTS
August 29, 2016
[Cite as 08/29/2016 Case Announcements, 2016-
Ohio-5548.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 29, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the August 29, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-1979. Disciplinary Counsel v. Ward, 146
Ohio St.3d 1254, 2016-Ohio
734.
2014-1437. State ex rel. Ritzie v. Reece-
Campbell, Inc., 146 Ohio St.3d 259, 2015-Ohio-
5224.
2014-1823. ShadoArt Prods., Inc. v. Testa, 146
Ohio St.3d 263, 2016-Ohio
511.
2014-1891. Combs v. Ohio Dept. of Natural
Resources, Div. of Parks & Recreation, 146 Ohio
St.3d 271, 2016-Ohio-1565.
2015-0495. State ex rel. Pietrangelo v. Avon Lake,
146 Ohio St.3d 292, 2016Ohio-2974.
2015-0628. Stolz v. J & B Steel Erectors, Inc., 146
Ohio St.3d 281, 2016-Ohio1567.
2015-1315. Disciplinary Counsel v. Eichenberger,
146 Ohio St.3d 302, 2016Ohio-3332.
2015-1641. Disciplinary Counsel v. Mahin, 146
Ohio St.3d 312, 2016-Ohio3336.
2016-0199. Dayton Bar Assn. v. Hooks, 146 Ohio
St.3d 1255, 2016-Ohio-929.
2016-0208. Disciplinary Counsel v. Thomas, 146
Ohio St.3d 1260, 2016-Ohio1281.
2016-0214. Disciplinary Counsel v. Whitt, 146
Ohio St.3d 1258, 2016-Ohio
958.
15-AP-072. In re Disqualification of Searcy, 146
Ohio St.3d 1247, 2016-Ohio
442.
15-AP-083. In re Disqualification of Ghiz, 146
Ohio St.3d 1249, 2015-Ohio5667.
15-AP-103. In re Disqualification of Jamison, 146
Ohio St.3d 1251, 2015Ohio-5674.
15-AP-106. In re Disqualification of Jamison, 146
Ohio St.3d 1252, 2015Ohio-5683.
MOTION AND PROCEDURAL RULINGS
2015-1309. State v. Ford.
Summit C.P. No. CR 2013 04 1008 (A). This
cause is pending before the court as an appeal
from the Court of Common Pleas of Summit
County.
Upon consideration of appellant’s motion to
unseal parts of the record, it is ordered by the
court that the motion is denied.
It is further ordered that counsel for appellant and
appellee in this case, and the Office of the Ohio
Public Defender, may come to the Supreme Court
of Ohio Clerk’s Office to review the sealed
documents.
2 08-29-16
CASE ANNOUNCEMENTS
August 26, 2016
[Cite as 08/26/2016 Case Announcements, 2016-
Ohio-5529.]
MOTION AND PROCEDURAL RULINGS
2016-0440. State v. Mutter.
Scioto App. No. 15CA3691, 2016-Ohio-512. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender is appointed to represent appellant.
DISCIPLINARY CASES
2015-2010. Columbus Bar Assn. v. LaFayette.
On December 14, 2015, the Board of Professional
Conduct filed a final report in the office of the clerk
of this court pursuant to Gov.Bar R. V(16), in
which the board accepted the agreement entered
into by relator, Columbus Bar Association, and
respondent, Eric Lee LaFayette. The agreement
set forth the misconduct and the agreed,
recommended sanction of a one-year suspension
from the practice of law, stayed in its entirety upon
conditions. The board recommended that the
agreement be accepted. The court, sua sponte,
issued an order waiving the issuance of a show-
cause order, and this matter was submitted to the
court on the report and record filed by the board.
It is hereby ordered by the court, sua sponte, that
the recommended sanction is rejected. It is further
ordered that pursuant to Gov.Bar R. V(17)(D), this
cause is remanded to the Board of Professional
Conduct for further proceedings, including
consideration of a more severe sanction.
Proceedings before this court in this case are
stayed until further order of this court. Costs to
abide final determination of the case.
2015-2053. Disciplinary Counsel v. Alo.
This cause is pending before the court upon the
filing of a certification of default by the Board of
Professional Conduct.
Upon consideration of relator’s motion to initiate
default proceedings, it is ordered by the court that
the motion is granted. This matter is remanded to
the board for further proceedings under Gov.Bar
R. V(14)(F).
The court further orders that the interim default-
judgment suspension imposed against
respondent on January 22, 2016, shall remain in
place while this matter is pending before the
board. Proceedings before this court in this case
are stayed until further order of this court.
2016-1030. In re Resignation of Stevens.
On application for resignation of Bruce Berton
Stevens, Attorney Registration No. 0071250, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2 08-26-16
CASE ANNOUNCEMENTS
August 25, 2016
[Cite as 08/25/2016 Case Announcements, 2016-
Ohio-5509.]
MERIT DECISIONS WITH OPINIONS
2014-1814. State v. Hand, Slip Opinion No. 2016-
Ohio-5504.
Montgomery App. No. 25840, 2014-Ohio-3838.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., dissents, with an opinion joined by
Kennedy and French, JJ.
2015-0494. Cox v. Dayton Pub. Schools Bd. of
Edn., Slip Opinion No. 2016Ohio-5505.
Montgomery App. No. 26382, 2015-Ohio-620.
Judgment affirmed and cause
remanded.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., dissents, with an opinion joined
by O’Donnell and Lanzinger, JJ.
MOTION AND PROCEDURAL RULINGS
2014-0313. State v. Beasley.
Summit C.P. No. CR2012010169(A). This cause
is pending before the court as a death-penalty
appeal from the Court of Common Pleas of
Summit County.
Upon consideration of the motion of the Office of
the Ohio Public Defender to withdraw as counsel
for appellant, it is ordered by the court that the
motion is granted.
It is further ordered that attorneys Donald M.
Gallick and Donald R. Hicks are appointed as
substitute counsel to represent appellant.
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report, it is
ordered by the court that the stay of the briefing
schedule is hereby extended. The parties shall
notify the court within 180 days from the date of
this entry of the status and whether the stay may
be lifted.
2016-0395. In re C.C.S.
Franklin App. No. 15AP-884, 2016-Ohio-388. This
cause is pending before the court as an appeal
involving the termination of parental
rights/adoption.
Upon consideration of the motion for leave of
amici curiae, Ohio Birthparent Group and Kate
Livingston, Ph.D., to participate in oral argument
scheduled for Wednesday, August 31, 2016, it is
ordered by the court that the motion is granted.
Amici curiae shall share the time allotted to
appellant.
2 08-25-16
CASE ANNOUNCEMENTS
August 23, 2016
[Cite as 08/23/2016 Case Announcements, 2016-
Ohio-5479.]
MERIT DECISIONS WITH OPINIONS
2014-0943. In re C.R., Slip Opinion No. 2016-
Ohio-5450.
Ross App. No. 13CA3411, 2014-Ohio-1936.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184.
2014-1315. In re M.R., Slip Opinion No. 2016-
Ohio-5451.
Jefferson App. No. 13 JE 30, 2014-Ohio-2623.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184, and would order briefing on the
issues raised in the remainder of the appeal.
2014-1759. In re M.W., Slip Opinion No. 2016-
Ohio-5452.
Wood App. No. WD-13-089, 2014-Ohio-3758.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184.
2014-1860. In re J.O., Slip Opinion No. 2016-
Ohio-5453.
Montgomery App. No. 25903, 2014-Ohio-2813.
Judgment affirmed. O’Connor, C.J., and
O’Donnell, Kennedy, and French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184.
2015-0738. In re D.M.D., Slip Opinion No. 2016-
Ohio-5454.
Franklin App. No. 14AP-289, 2015-Ohio-1134.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184.
2015-1645. In re A.W., Slip Opinion No. 2016-
Ohio-5455.
Knox App. No. 15CA3, 2015-Ohio-3463.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184, and would order briefing on the
issues raised in the remainder of the appeal.
2015-1816. In re D.D., Slip Opinion No. 2016-
Ohio-5456.
Stark App. No. 2015CA0043, 2015-Ohio-3999.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184, and would order briefing on the
issues raised in the remainder of the appeal.
2015-1977. In re J.N., Slip Opinion No. 2016-
Ohio-5457.
Franklin App. No. 15AP-159, 2015-Ohio-4464.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the
reasons stated in the dissenting opinion in In re
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54
N.E.3d 1184.
2016-0134. State ex rel. Bates v. Smith, Slip
Opinion No. 2016-Ohio-5449.
In Quo Warranto. Writ granted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2 08-23-16
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1137. Willoughby Hills Dev. & Distrib., Inc. v.
Testa.
Board of Tax Appeals, No. 2015-1069.
2016-1150. TEG Properties, Inc. v. Cuyahoga Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-1906.
2016-1153. State ex rel. GateHouse Media Ohio
Holdings II, Inc. v. Pike Cty. Coroner’s Office.
In Mandamus.
2016-1158. State ex rel. Andrasi v. Indus. Comm.
Franklin App. No. 15AP-531, 2016-Ohio-4971.
2016-1162. Cleveland Hts.-Univ. Hts. City School
Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-1950.
2016-1188. Seaton Corp. v. Testa.
Board of Tax Appeals, Nos. 2015-224 and 2015-
743.
2016-1199. State ex rel. Gulley v. Indus. Comm.
Franklin App. No. 15AP-759.
2016-1205. NHI-REIT of Ohio, L.L.C. v. Union Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2015-1519.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2016-0509. State ex rel. McKee v. Union Metal
Corp.
Franklin App. No. 15AP-414, 2016-Ohio-1236.
3 08-23-16
2016-0575. State ex rel. Barnes v. Indus. Comm.
Franklin App. No. 15AP-170, 2016-Ohio-824.
4 08-23-16
CASE ANNOUNCEMENTS
August 19, 2016
[Cite as 08/19/2016 Case Announcements, 2016-
Ohio-5430.]
DISCIPLINARY CASES
2016-1098. Disciplinary Counsel v. Chuparkoff.
On motion for immediate interim remedial
suspension. Mark Andrew Chuparkoff, Attorney
Registration No. 0071982, is suspended from the
practice of law for an interim period.
CASE ANNOUNCEMENTS
August 18, 2016
[Cite as 08/18/2016 Case Announcements #3,
2016-Ohio-5431.]
MOTION AND PROCEDURAL RULINGS
2016-1235. State ex rel. Jones v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ motion to expedite,
it is ordered by the court that the motion is
granted. The following schedule is set for the filing
of the answer, briefs, and evidence: respondent
shall file an answer to the complaint by
5:00 p.m. on Friday, August 19, 2016; relators
shall file their brief and evidence no later than
5:00 p.m. on Monday, August 22, 2016;
respondent shall file his brief and evidence no
later than 5:00 p.m. on Wednesday, August 24,
2016; and relators may file a reply brief no later
than 5:00 p.m. on Friday, August 26, 2016.
It is further ordered that no requests or
stipulations for extension of time shall be filed and
the clerk of court shall refuse to file any requests
or stipulations for extension of time.
It is further ordered that all documents filed in this
case shall be served as specified by S.Ct.Prac.R.
12.08(C).
CASE ANNOUNCEMENTS
August 18, 2016
[Cite as 08/18/2016 Case Announcements #2,
2016-Ohio-5429.]
MOTION AND PROCEDURAL RULINGS
2015-0360. State ex rel. Shaughnessy v.
Cleveland.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of respondents’ motion for
leave to supplement evidence and relator’s
motion for leave to supplement
evidence/alternative objection to respondents’
motion for leave to supplement evidence, it is
ordered by the court that the motions are granted.
The parties shall file their supplemental evidence
within five days of the date of this entry.
2016-1069. State ex rel. Shearer v. Britt.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
It is ordered by the court, sua sponte, that the
parties shall supplement the record with
information regarding actions taken at and results
from the August 10, 2016 city council meeting
within five days of the date of this entry.
CASE ANNOUNCEMENTS
August 18, 2016
[Cite as 08/18/2016 Case Announcements, 2016-
Ohio-5397.]
MISCELLANEOUS DISMISSALS
2016-0497. State ex rel. Pepper v. Ada-Liberty
Joint Ambulance Dist.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
August 17, 2016
[Cite as 08/17/2016 Case Announcements #2,
2016-Ohio-5396.]
MOTION AND PROCEDURAL RULINGS
2016-1164. State ex rel. Jones v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of mandamus
involving an expedited election matter.
Upon consideration of the motion of Ohio
Secretary of State Jon Husted to reclassify
complaint pursuant to S.Ct.Prac.R. 12.04, it is
ordered by the court that the motion is granted.
It is further ordered, however, that the case shall
continue to proceed on the briefing schedule
provided for by S.Ct.Prac.R. 12.08 and the parties
shall comply with all other filing requirements as
specified by S.Ct.Prac.R. 12.08. This order does
not alter the current due dates of any documents
filed in this case, and the time for filing briefs and
evidence in this case shall remain the same as
before this order was issued.
CASE ANNOUNCEMENTS
August 17, 2016
[Cite as 08/17/2016 Case Announcements, 2016-
Ohio-5389.]
MOTION AND PROCEDURAL RULINGS
2016-0617. Spy v. Ace Home Health Care.
Cuyahoga App. No. 104271. This cause came on
for further consideration upon the filing of
appellant’s motion to strike. It is ordered by the
court that the motion is denied as moot.
2016-0731. Elliot v. Spy.
Cuyahoga App. No. 104304. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellant’s motion to strike,
it is ordered by the court that the motion is denied
as moot.
CASE ANNOUNCEMENTS
August 16, 2016
[Cite as 08/16/2016 Case Announcements, 2016-
Ohio-5376.]
MOTION AND PROCEDURAL RULINGS
In re Ealy.
On February 18, 2009, this court found Larry Ealy
to be a vexatious litigator under S.Ct.Prac.R.
4.03(B). This court further ordered that Ealy was
prohibited from continuing or instituting legal
proceedings in the court without obtaining leave.
On August 10, 2016, Ealy presented a motion for
leave to file notice of appeal.
It is ordered by the court that the motion for leave
is denied.
MISCELLANEOUS DISMISSALS
2014-1267. State ex rel. Maddox v. Lincoln Hts.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
August 15, 2016
[Cite as 08/15/2016 Case Announcements #2,
2016-Ohio-5378.]
MERIT DECISIONS WITH OPINIONS
2016-0313. Ohio Manufacturers’ Assn. v. Ohioans
for Drug Price Relief Act, Slip Opinion No. 2016-
Ohio-5377.
Per Curiam. Challenge sustained in part, motion
to strike denied, and motion for
partial summary judgment denied as moot.
French, J., concurs, and concurs with an opinion.
O’Connor, C.J., concurs in part and dissents in
part, with an opinion. O’Donnell, J., concurs in
part and dissents in part, with an opinion that
Kennedy, J., joins.
Lanzinger, J., concurs in part and dissents in part,
and would sustain the relators’ first allegation and
sustain the relators’ second allegation as to all
four circulators.
O’Neill, J., concurs in part and dissents in part,
with an opinion.
Pfeifer, J., dissents, with an opinion.
CASE ANNOUNCEMENTS
August 15, 2016
[Cite as 08/15/2016 Case Announcements, 2016-
Ohio-5365.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 15, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the August 15, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2012-1274. State v. Adams, 146 Ohio St.3d 232,
2016-Ohio-3043.
2013-0513. In re Application of Ohio Edison Co.,
146 Ohio St.3d 222, 2016
Ohio-3021.
2014-0607. In re D.S., 146 Ohio St.3d 182, 2016-
Ohio-1027.
2014-0828. Rite Aid of Ohio, Inc. v. Washington
Cty. Bd. of Revision, 146
Ohio St.3d 173, 2016-Ohio-371.
2014-0997. Columbus Bar Assn. v. Armengau,
146 Ohio St.3d 1233, 2014Ohio-3023.
2014-1055. Griffith v. Aultman Hosp., 146 Ohio
St.3d 196, 2016-Ohio-1138.
2014-1402. State v. Cornelison, 146 Ohio St.3d
220, 2016-Ohio-2968.
2014-1847. Am. Mun. Power, Inc. v. Bechtel
Power Corp., 146 Ohio St.3d
251, 2016-Ohio-3431.
2015-0381. Cleveland v. Jones, 146 Ohio St.3d
218, 2016-Ohio-2914.
2015-0543. In re Application of Tynes, 146 Ohio
St.3d 243, 2016-Ohio-3307.
2015-1031. State ex rel. Bradford v. Dinkelacker,
146 Ohio St.3d 219, 2016
Ohio-2916.
2015-1210. Kneuss v. Sloan, 146 Ohio St.3d 248,
2016-Ohio-3310.
2015-1218, 2015-1253, and 2015-1338. State ex
rel. Henderson v. Sweeney,
146 Ohio St.3d 252, 2016-Ohio-3413.
2015-1252. Wells Fargo Bank, N.A. v. Allstate Ins.
Co., 146 Ohio St.3d 232, 2016-Ohio-3026. 2015-
1268. State ex rel. Davenport v. State, 146 Ohio
St.3d 255, 2016-Ohio
3414.
2015-1330 and 2015-1489. State v. Bradenburg,
146 Ohio St.3d 221, 2016Ohio-2970. 2015-1423.
Disciplinary Counsel v. Coriell, 146 Ohio St.3d
1241, 2016-Ohio
2922.
2015-1578. State ex rel. Davenport v. State, 146
Ohio St.3d 256, 2016-Ohio3430. 2015-1633.
Disciplinary Counsel v. Martinez, 146 Ohio St.3d
212, 2016-Ohio
2709.
2015-1639. Disciplinary Counsel v. Smith, 146
Ohio St.3d 209, 2016-Ohio1584. 2015-2004.
Disciplinary Counsel v. Bennett, 146 Ohio St.3d
237, 2016-Ohio
3045.
2016-0648. In re Yavorcik, 146 Ohio St.3d 1238,
2016-Ohio-2740.
2016-0800. Disciplinary Counsel v. Coriell, 146
Ohio St.3d 1244, 2016-Ohio
3502.
2 08-15-16
16-AP-003. In re Disqualification of Ingraham, 146
Ohio St.3d 1236, 2016Ohio-3097.
MOTION AND PROCEDURAL RULINGS
2016-0922. Sparks v. Sparks.
Warren App. No. CA2015-10-095, 2016-Ohio-
2896. This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion to strike
memorandum in support of jurisdiction, it is
ordered by the court that the motion is denied.
Appellee may file a memorandum in response to
jurisdiction within 30 days of the date of this entry.
3 08-15-16
CASE ANNOUNCEMENTS
August 12, 2016
[Cite as 08/12/2016 Case Announcements, 2016-
Ohio-5346.]
MOTION AND PROCEDURAL RULINGS
In re Harris.
On April 20, 2016, this court found Dwayne Harris
to be a vexatious litigator under S.Ct.Prac.R.
4.03(B). This court further ordered that Harris was
prohibited from continuing or instituting legal
proceedings in the court without obtaining leave.
On August 8, 2016, Harris presented an
application for leave to institute a legal proceeding
in the Ohio Supreme Court.
It is ordered by the court that the application for
leave is denied.
2015-0575. New York Frozen Foods, Inc. v.
Bedford Hts. Income Tax Bd. of Rev.
Board of Tax Appeals, No. 2012-55. This cause is
pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion of
appellees/cross-appellants and amicus curiae,
Regional Income Tax Agency, for leave of court
for divided argument time scheduled for
Wednesday, August 17, 2016, it is ordered by the
court that the motion is granted. Amicus curiae
shall share the time allotted to appellees/cross-
appellants.
2016-0788. Hooks v. Turner.
Ross App. No. 15CA3477, 2016-Ohio-3083. This
cause is pending before the court as an appeal
from the Court of Appeals for Ross County.
Upon consideration of appellee’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender’s Office is appointed to represent
appellee.
DISCIPLINARY CASES
2016-0973. Disciplinary Counsel v. Dickinson.
On certified order of the Supreme Court of
California, case No. S231746. Steven Lee
Dickinson, Attorney Registration No. 0025415, is
hereby suspended from the practice of law in
Ohio for two years with 22 months stayed.
2 08-12-16
CASE ANNOUNCEMENTS
August 11, 2016
[Cite as 08/11/2016 Case Announcements, 2016-
Ohio-5318.]
MEDIATION MATTERS
2016-0321. State ex rel. Sultaana v. Gaul.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s motion to lift the
mediation stay, it is ordered by the court that the
motion is granted, and the court hereby returns
this case to the regular docket under S.Ct.Prac.R.
19.01. Respondent shall file a response to the
complaint within 21 days of the date of this entry.
CASE ANNOUNCEMENTS
August 10, 2016
[Cite as 08/10/2016 Case Announcements, 2016-
Ohio-5299.]
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-1115. State ex rel. Cincinnati Enquirer v.
Pike Cty. Coroner’s Office.
In Mandamus.
2016-1131. State ex rel. Ali v. Cleveland.
In Mandamus.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Appellant shall file a brief within 40 days of the
date of this entry, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2015-1012. State ex rel. Lakewood Senior
Campus, L.L.C. v. Carpenter.
Franklin App. No. 14AP-587, 2015-Ohio-1732.
CASE ANNOUNCEMENTS
August 9, 2016
[Cite as 08/09/2016 Case Announcements, 2016-
Ohio-5291.]
MISCELLANEOUS DISMISSALS
2013-1472. In re Adoption of Rules for Alternative
& Renewable Energy Technology, Resources, &
Regulations.
Public Utilities Commission, No. 08-888-EL-ORD.
This cause is pending before the court as an
appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Public Utilities Commission of Ohio.
CASE ANNOUNCEMENTS
August 8, 2016
[Cite as 08/08/2016 Case Announcements, 2016-
Ohio-5277.]
MOTION AND PROCEDURAL RULINGS
2015-1964. Southwestern City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-1224. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2015-1966. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-1230. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0972. State ex rel. Armengau v. Tenth Dist.
Court of Appeals.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 08-08-16
CASE ANNOUNCEMENTS
August 5, 2016
[Cite as 08/05/2016 Case Announcements, 2016-
Ohio-5259.]
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0615. State ex rel. Kesterson v. Kent State
Univ.
In Mandamus.
2016-1123. State ex rel. Kesterson v. Kent State
Univ.
In Mandamus.
CASE ANNOUNCEMENTS
August 4, 2016
[Cite as 08/04/2016 Case Announcements, 2016-
Ohio-5219.]
DISCIPLINARY CASES
2016-0994. Disciplinary Counsel v. DeMasi.
On certification of default. Michelle Lynn DeMasi,
Attorney Registration No. 0078628, is hereby
suspended from the practice of law for an interim
period.
CASE ANNOUNCEMENTS
August 3, 2016
[Cite as 08/03/2016 Case Announcements, 2016-
Ohio-5209.]
MOTION AND PROCEDURAL RULINGS
2015-1847. State v. Orr.
Cuyahoga App. No. 102460, 2015-Ohio-4081.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motions for admission
pro hac vice of Nadia N. Seeratan and Marsha L.
Levick, it is ordered by the court that the motions
are granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days of the date of
this entry.
CASE ANNOUNCEMENTS
August 2, 2016
[Cite as 08/02/2016 Case Announcements, 2016-
Ohio-5192.]
MISCELLANEOUS DISMISSALS
2016-0821. State ex rel. Patterson v. Sloan.
Ashtabula App No. 2016-A-0018, 2016-Ohio-
2902. This cause is pending before the court as
an appeal from the Court of Appeals for Ashtabula
County. The records of this court indicate that
appellant has not filed a merit brief, due July 27,
2016, in compliance with the Rules of Practice of
the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Ashtabula County.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-1054. Laguna Property Assocs., Ltd. v. Ross
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1555.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Appellant shall file a brief within 40 days of the
date of this entry, and the parties shall otherwise
proceed in accordance with S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss this case or take
other action if the parties fail to timely file merit
briefs.
2016-0632. State ex rel. R&L [Carriers] Shared
Servs., L.L.C. v. Indus. Comm.
2 08-02-16
August Disciplinary Hearings Announced
By Staff Report | August 1, 2016
The Board of Professional Conduct today
announced the disciplinary hearings involving
attorneys and judges charged with professional
misconduct that are scheduled in August. All
hearings take place before a three-member panel
of the board and are open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as
scheduled. Upon request, case documents can be
obtained via email.
August 15
Reinstatement of William Charles Helbley Jr.,
Petitioner; Mahoning County Bar Association,
Relator
Case No. 2012-054
Petitioner’s address: 3480 Olde Winter Trail,
Poland
Petitioner’s counsel: James R. Wise, Boardman
Hearing Time/Location: 10 a.m.; Cuyahoga
County Common Pleas Court, Justice Center,
1200 Ontario St., Courtroom 21D, Cleveland
August 16
Disciplinary Counsel, Relator v. Thomas Patrick
Maney Jr., Respondent
Case No. 2015-074
Respondent’s address: 7100 Huntley Road, Suite
202, Columbus
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., North
Hearing Room 106, Columbus
August 26
Disciplinary Counsel, Relator v. Stephanie Gail
Gussler, Respondent
Case No. 2015-021
Respondent’s address: 339 E. Maple St.,
Granville
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
August 29
Disciplinary Counsel, Relator v. Andrew Osyp
Martyniuk, Respondent
Case No. 2016-015
Respondent’s address: 1235 Fairview Drive, Kent
Respondent’s counsel: Peter T. Cahoon, Akron
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
August 30
Lorain County Bar Association, Relator v. Kenneth
Allen Nelson II, Respondent
Case No. 2016-010
Respondent’s address: 175 Inwood Blvd., Avon
Lake
Respondent’s counsel: Daniel G. Wightman, Avon
Lake
Hearing Time/Location: 10 a.m.; Fifth District
Court of Appeals, Citizens Building, 110 Central
Plaza, Suite 320, Canton
August 30
Disciplinary Counsel, Relator v. Shawn Andrea
Little, Respondent
Case No. 2016-011
Respondent’s address: 118 Graceland Blvd.,
Columbus
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, Room 281
CASE ANNOUNCEMENTS
August 1, 2016
[Cite as 08/01/2016 Case Announcements, 2016-
Ohio-5164.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF AUGUST 1, 2016
The official version of the opinion listed below,
which was previously released as a slip opinion,
has been published in the August 1, 2016 Ohio
Official Reports advance sheet. This opinion
should now be cited using the Ohio Official
Reports citation format.
2011-2005. State v. Dean, 146 Ohio St.3d 106,
2015-Ohio-4347.
MOTION AND PROCEDURAL RULINGS
2016-0683. Lavi Holdings, L.L.C. v. Cuyahoga
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-904 through
2015-907. This cause is pending before the court
as an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS
July 29, 2016
[Cite as 07/29/2016 Case Announcements, 2016-
Ohio-5156.]
MERIT DECISIONS WITH OPINIONS
2016-0003 and 2016-0152. State v. Washington,
Slip Opinion No. 2016-Ohio5152.
Franklin App. No. 15AP-538, 2015-Ohio-4970.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1880. Cleveland Mun. School Dist. Bd. of
Edn. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3488. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS July 29, 2016
[Cite as 07/29/2016 Case Announcements, 2016-
Ohio-5156.]
MERIT DECISIONS WITH OPINIONS
2016-0003 and 2016-0152. State v. Washington,
Slip Opinion No. 2016-Ohio- 5152.
Franklin App. No. 15AP-538, 2015-Ohio-4970.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1880. Cleveland Mun. School Dist. Bd. of
Edn. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3488. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS
July 28, 2016
[Cite as 07/28/2016 Case Announcements, 2016-
Ohio-5129.]
MERIT DECISIONS WITH OPINIONS
2013-1619. State v. Mole, Slip Opinion No. 2016-
Ohio-5124.
Cuyahoga App. No. 98900, 2013-Ohio-3131.
Judgment affirmed. O’Connor, C.J., and Pfeifer
and O’Neill, JJ., concur. Lanzinger, J., concurs in
judgment only, in an opinion. Kennedy, J.,
dissents in an opinion that O’Donnell, J., joins.
French, J., dissents in an opinion that O’Donnell,
J., joins.
2015-2078. Disciplinary Counsel v. Catalfina, Slip
Opinion No. 2016-Ohio5126.
On Final Report by the Board on the
Unauthorized Practice of Law, No. UPL 13
05. Consent decree approved. Kelly Catalfina is
enjoined from all activities that constitute the
unauthorized practice of law in Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinion, which was
previously issued as an entry in response to an
affidavit of disqualification filed pursuant to R.C.
2701.031.
16-AP-029. In re Disqualification of Berkowitz,
2016-Ohio-5127 (decided May 4, 2016).
MOTION AND PROCEDURAL RULINGS
2016-0645. Orr v. Lazaroff.
In Habeas Corpus. This cause came on for further
consideration upon the filing of petitioner’s motion
for judgment on the pleadings. It is ordered by the
court that the motion is denied as moot.
2016-0735. Arc Cafeusa001, L.L.C. v. Greene
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-922. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Greene County Board of
Revision in order to implement a settlement, it is
ordered by the court that the cause is remanded
to the Greene County Board of Revision to take
further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the
Greene County Board of Revision.
DISCIPLINARY CASES
2014-1905. Disciplinary Counsel v. Stokes.
On application for reinstatement. Angela Rochelle
Stokes, Attorney Registration No. 0025650, is
hereby reinstated to the practice of law.
MISCELLANEOUS DISMISSALS
2016-0603. State ex rel. Dunn v. Butler Cty.
Probate Court.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 07-28-16
CASE ANNOUNCEMENTS
July 27, 2016
[Cite as 07/27/2016 Case Announcements, 2016-
Ohio-5108.]
MERIT DECISIONS WITH OPINIONS
2014-0490. Innkeeper Ministries, Inc. v. Testa,
Slip Opinion No. 2016-Ohio5104.
Board of Tax Appeals, No. 2010-2803. Decision
reversed.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., dissents in an opinion that Kennedy
and French, JJ., join.
2015-1427. State v. Jones, Slip Opinion No. 2016-
Ohio-5105.
Cuyahoga App. No. 101258, 2015-Ohio-2853.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-1477. State ex rel. Jackson v. Sloan, Slip
Opinion No. 2016-Ohio-5106.
Ashtabula App. No. 2015-A-0028, 2015-Ohio-
3220. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1497. State ex rel. McQueen v. Weibling-
Holliday, Slip Opinion No. 2016-Ohio-5107.
Allen App. No. 1-15-28. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2016-0163. State ex rel. Cincinnati Enquirer v.
Ohio Dept. of Commerce, Div. of State Fire
Marshal.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0203. Nelson v. Moore.
In Habeas Corpus. On petition for writ of habeas
corpus of Jeffrey Nelson. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0230. Byrd v. O'Connell.
In Habeas Corpus. On petition for writ of habeas
corpus of Kevin Byrd Jr. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0234. Harris v. Luebbers.
In Habeas Corpus. On petition for writ of habeas
corpus of Donnell Harris. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0268. State ex rel. McIntyre v. Ninth Dist.
Court of Appeals.
In Mandamus and Prohibition. On motion to
dismiss of Ninth District Court of
Appeals. Motion granted.
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
O’Connor, C.J., not participating.
2016-0294. State ex rel. Evans v. Rothgery.
In Mandamus. On S.Ct.Prac.R. 12.04
determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0409. State ex rel. Wilson v. Robinson.
In Habeas Corpus. On petition for writ of habeas
corpus of Lawrence Earl Wilson. Sua sponte,
cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0418. Pianowski v. Coleman.
In Habeas Corpus. On petition for writ of habeas
corpus of Ted A. Pianowski. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0443. Taylor v. Chuvalas.
In Habeas Corpus. On notice and motion to
amend caption and substitute warden’s address
of confinement. Motion granted. On request for
appointment of counsel. Request denied. On
petition for writ of habeas corpus of Brentford
Taylor. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0451. Gerald v. Summit Cty. Jail.
In Habeas Corpus. On petition for writ of habeas
corpus of Jeremy Gerald. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0502. Appenzeller v. Miller.
In Habeas Corpus. On petition for writ of habeas
corpus of Russell E. Appenzeller. Sua sponte,
cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0602. Johnson v. Mohr.
In Habeas Corpus. On amended petition for writ
of habeas corpus of Ronald G. Johnson. Sua
sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0645. Orr v. Lazaroff.
In Habeas Corpus. On motion to take judicial
notice in accord to plain error provisions. Motion
denied. On conditional petition for writ of habeas
corpus concerning condition of confinement of
Darllel B. Orr. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0653. Johnson v. Bur. of Sentence
Computation.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0666. Lang v. Gorman.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2016-0686. State ex rel. Prade v. Ninth Dist. Court
of Appeals.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration thereof, it is ordered by the
court, sua sponte, that an alternative writ is
granted and the following briefing schedule is set
for presentation of evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05:
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relator shall file a brief within 10 days of the filing
of the evidence; respondent shall file a brief within
20 days after the filing of relator’s brief; and
relator may file a reply brief within 7 days after the
filing of respondent’s brief.
It is further ordered that the respondents’ motions
to dismiss are denied. Relator’s motion for leave
to file revised memorandum in support of writ of
prohibition and incorporated memorandum in
support is granted.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Donnell and Lanzinger, JJ., dissent.
O’Connor, C.J., not participating.
2016-0720. Ward v. Belmont Cty. Court of
Common Pleas.
In Mandamus. On S.Ct.Prac.R. 12.04
determination and motion for judgment on
pleadings. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0774. Wilson v. Bracy.
In Habeas Corpus. On petition for writ of habeas
corpus of Shawn Wilson. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0785. Parks v. State.
Miscellaneous case. On motion of Rachel N.
Parks, Clayton M. Bates, and R-Lotus Justice for
emergency injunction and ex parte order. Motion
denied. On motions to dismiss. Motions granted,
cause dismissed. On motion to strike and demand
for emergency injunction and stay. Motions denied
as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0839. Nedea v. Cook.
In Habeas Corpus. On petition for writ of habeas
corpus of Romulus Nedea. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0863. Smith v. Moore.
In Habeas Corpus. On petition for writ of habeas
corpus of Christopher Smith. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2010-1406. State v. Pickens.
Hamilton C.P. No. B0905088. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2014-0940. State v. Woods.
Cuyahoga App. No. 99630, 2014-Ohio-1722. It is
ordered by the court, sua sponte, that this cause
is no longer held for the decision in 2014-0941,
State v. Shabazz. The case is now held for the
decision in 2014-0942, State v. Walker, and the
briefing schedule remains stayed.
2015-1608. Zillow v. Bosel.
In Mandamus. On motion for hearing to present
evidence. Motion denied.
2015-1831. State ex rel. Schroeder v. Cleveland.
In Mandamus. On motion to intervene of John
Coughlin, Vincent DiTeodoro, Bradley Englehart,
William Gorey III, and James Thomas. Motion
granted.
2016-0593. U.S. Bank, N.A. v. Christmas.
Montgomery App. No. 26695, 2016-Ohio-236. On
review of an order certifying a conflict. The court
determines that a conflict exists. The cause is
accepted, the judgment of the court of appeals is
vacated, and the cause is remanded to the court
of appeals for application of the decision in
Deutsche Bank Natl. Trust Co. v. Holden, Slip
Opinion No. 2016-Ohio-4603.
2016-0621. Rush v. Univ. of Cincinnati Physicians,
Inc.
Hamilton App. No. C-150309, 2016-Ohio-947. On
review of an order certifying a conflict. It is
determined that no conflict exists within the
meaning of S.Ct.Prac.R.
8.02. Cause dismissed. Pfeifer and O’Neill,
JJ., dissent.
2016-0776. State v. Weems.
Cuyahoga App. No. 102954, 2016-Ohio-701. On
motion for leave to file delayed appeal. Motion
granted.
O’Donnell, Lanzinger, and French, JJ., dissent.
2016-0780. State v. North.
Seneca App. No. 13-15-16, 2015-Ohio-4526. On
motion for leave to file delayed appeal. Motion
denied.
2016-0781. State v. Hamlin.
Summit App. No. 27650, 2016-Ohio-1196. On
motion for leave to file delayed appeal. Motion
granted.
2016-0791. State v. Law.
Medina App. No. 15CA0087-M. On motion for
leave to file delayed appeal. Motion denied.
2016-0792. State v. Harris.
Cuyahoga App. No. 102855, 2016-Ohio-391. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0796. State v. Johnson.
Lorain App. No. 15CA010746, 2016-Ohio-58. On
motion for leave to file delayed appeal. Motion
denied.
2016-0797. State v. Lee.
Richland App. No. 15-CA-52, 2016-Ohio-1045.
On motion for leave to file delayed appeal. Motion
denied.
Pfeifer and O’Neill, JJ., dissent.
2016-0801. State v. Tubbs.
Miami App. No. 2015-CA-14, 2016-Ohio-842. On
motion for leave to file delayed appeal. Motion
denied.
2016-0822. State v. Gibson.
Stark App. No. 2013CA00175, 2014-Ohio-1169.
On motion for leave to file delayed appeal. Motion
denied.
2016-0826. State v. Person.
Summit App. No. 27600, 2016-Ohio-681. On
motion for leave to file delayed appeal. Motion
denied.
Lanzinger, J., dissents.
2016-0840. State v. Bates.
Cuyahoga App. No. 102756, 2015-Ohio-4989. On
motion for leave to file delayed appeal. Motion
denied. On motion for stay of court of appeals’
judgment. Motion denied as moot.
2016-0877. State v. Terry.
Franklin App. Nos. 15AP-176 and 15AP-178,
2015-Ohio-3847. On motion for leave to file
delayed appeal. Motion denied.
2016-0896. In re Guardianship of Sweeney.
Cuyahoga App. No. 103285, 2016-Ohio-3260. On
motion for stay of judgment of the court of
appeals. Motion denied. On motion to strike
response to motion for stay of judgment of the
court of appeals. Motion denied.
O’Donnell, Lanzinger, and Kennedy, JJ., dissent.
2016-0922. Sparks v. Sparks.
Warren App. No. CA2015-10-095, 2016-Ohio-
2896. On motion for immediate stay of court of
appeals’ decision. Motion denied.
APPEALS ACCEPTED FOR REVIEW
2016-0490. State v. Gales.
Cuyahoga App. No. 102809, 2016-Ohio-588.
Discretionary appeal accepted, cross-appeal not
accepted, and cause held for decision in 2015-
0473, State v. Thomas, and briefing schedule
stayed.
French, J., dissents in part and would also accept
the cross-appeal on Proposition of Law No. I only,
and hold the cause for the decision in 2015-1427,
State v. Jones.
Pfeifer and O’Neill, JJ., dissent and would not
accept the discretionary appeal.
2016-0564. Gyugo v. Franklin Cty. Bd. of Dev.
Disabilities.
Franklin App. No. 15AP-150, 2016-Ohio-823.
O’Connor, C.J., and Lanzinger and Kennedy, JJ.,
dissent.
2016-0570. State v. Schroeder.
Lucas App. No. L-14-1228, 2016-Ohio-849.
Discretionary appeal accepted and cause held for
decision in 2016-0215, State v. Grimes, and
briefing schedule stayed.
O’Connor, C.J., and Pfeifer, J., dissent.
2016-0585. Nationwide Mut. Ins. Co. v. Lucarell.
Mahoning App. Nos. 2013 MA 00074 and 2013
MA 00133. O’Connor, C.J., and Lanzinger and
O’Neill, JJ., dissent.
2016-0636. Rush v. Univ. of Cincinnati Physicians,
Inc.
Hamilton App. No. C-150309, 2016-Ohio-947.
Discretionary appeal accepted on
Proposition of Law No. I.
Pfeifer and O’Neill, JJ., would accept the cause
on all propositions of law.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0391. State v. Chandler.
Trumbull App. No. 2015-T-0033, 2016-Ohio-1017.
2016-0548. State v. Wells.
Jefferson App. No. 15 JE 0007, 2016-Ohio-3019.
2016-0552. In re R.H.
Allen App. No. 1-15-37, 2016-Ohio-746. Pfeifer,
J., dissents.
2016-0553. Parmertor v. Chardon Local Schools.
Lake App. Nos. 2014-L-129 and 2014-L-133,
2016-Ohio-761.
O’Connor, C.J., dissents and would accept the
appeal, and would accept the second appeal on
Proposition of Law No. I.
Lanzinger, J., dissents and would accept the
appeal.
2016-0554. State v. Johnson.
Scioto App. No. 14CA3612, 2016-Ohio-1070.
2016-0555. State v. Mansour.
Warren App. No. CA2015-06-051, 2016-Ohio-755.
2016-0557. Ohio Dist. Council, Inc., of the
Assemblies of God v. Speelman.
Butler App. No. CA2015-02-031, 2016-Ohio-751.
Pfeifer, J., dissents.
2016-0571. Caldwell v. Good Samaritan Hosp.
Hamilton App. No. C-150750.
2016-0574. State v. Woods.
Franklin App. No. 15AP-24, 2016-Ohio-661.
O’Donnell and French, JJ., dissent.
2016-0581. HIP Loans, L.L.C. v. Horta, L.L.C.
Clark App. No. 2015-CA-10.
2016-0582. State v. Curry.
Allen App. No. 1-15-05, 2016-Ohio-861.
2016-0583. Rogers v. Eppinger.
Lorain App. No. 16CA010920.
2016-0586. Shuerman v. Eastwood Local School
Dist. Bd. of Edn.
Wood App. No. WD-15-044, 2016-Ohio-846.
Pfeifer and O’Neill, JJ., dissent.
2016-0587. Smith v. Candiello.
Lucas App. No. L-15-1125, 2016-Ohio-844.
Lanzinger, J., dissents.
2016-0592. State v. Rupert.
Belmont App. No. 14 BE 0018, 2016-Ohio-1056.
2016-0597. State v. Gammon.
Hardin App. No. 6-15-12.
2016-0598. State v. Tucker.
Franklin App. Nos. 15AP-434 and 15AP-435,
2016-Ohio-1033.
2016-0599. State v. Robinson.
Cuyahoga App. No. 104110.
2016-0610. U.S. Bank v. Maxfield.
Butler App. No. CA2015-06-121, 2016-Ohio-71.
2016-0617. Aloha Spy v. Ace Home Health Care.
Cuyahoga App. No. 104271. Motion for leave to
proceed denied as moot.
2016-0619. State v. Martin.
Cuyahoga App. No. 102783, 2016-Ohio-922.
Lanzinger and French, JJ., dissent.
2016-0620. Marshall v. Durrani.
Butler App. No. CA2015-07-130.
2016-0624. Delta Fuels, Inc. v. DLZ Ohio, Inc.
Lucas App. No. L-15-1001, 2016-Ohio-970.
2016-0625. State v. Jones.
Cuyahoga App. No. 103017.
2016-0628. Harris v. Ohio Bur. of Sentence
Computation.
Franklin App. No. 16AP-115.
2016-0630. State v. Clark.
Hamilton App. No. C-150318, 2016-Ohio-948.
Pfeifer, French, and O’Neill, JJ., dissent.
2016-0631. State v. Davis.
Hamilton App. No. C-160287.
2016-0635. State v. Saunders.
Cuyahoga App. No. 102731, 2016-Ohio-292.
2016-0637. State v. Vega.
Cuyahoga App. No. 103142, 2016-Ohio-939.
2016-0640. State v. Summers.
Mercer App. No. 10-15-15.
2016-0641. Auora Bank F.S.B. v. Gordon.
Cuyahoga App. No. 103138, 2016-Ohio-938.
Motion for stay denied as moot.
2016-0642. State v. Taylor.
Montgomery App. No. 26327, 2016-Ohio-1100.
2016-0650. State v. Johnson.
Delaware App. No. 15 CAA 11 0092, 2016-Ohio-
1213.
2016-0651. State v. Martin.
Hancock App. No. 5-15-28, 2016-Ohio-989.
2016-0655. Boyd v. Ohio Dept. of Rehab. & Corr.
Franklin App. No. 16AP-245.
2016-0657. State v. Underwood.
Montgomery App. No. 26711, 2016-Ohio-1101.
2016-0660. State v. Mitchell.
Pickaway App. No. 15CA18, 2016-Ohio-1133.
O’Donnell, J., dissents.
2016-0661. State v. Artripe.
Knox App. No. 15CA7, 2015-Ohio-4155.
2016-0662. State v. Pullin.
Stark App. No. 2015CA00134, 2016-Ohio-1179.
2016-0663. McCarthy v. Sterling Chems., Inc.
Hamilton App. No. C-150274, 2016-Ohio-1039.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2016-0664. Ford v. Sunbridge Care Ents.
Cuyahoga App. No. 103031, 2016-Ohio-1122.
2016-0668. Chase Home Fin., L.L.C. v.
Lindenmayer.
Licking App. No. 15-CA-32, 2016-Ohio-1202.
2016-0669. Pottmeyer v. E. Ohio Gas Co.
Washington App. Nos. 15CA14 and 15CA29,
2016-Ohio-1294.
2016-0670. Zielinski v. Prewitt.
Wood App. No. WD-15-011, 2016-Ohio-1112.
2016-0671. State v. Norton.
Cuyahoga App. No. 103048, 2016-Ohio-1123.
2016-0673. Ohio Council 8, AFSCME, AFL-CIO v.
Cleveland.
Cuyahoga App. No. 103354, 2016-Ohio-1128.
2016-0674. State v. Valdez.
Lorain App. No. 14CA010624.
2016-0675. State v. Lonero.
Lucas App. No. L-14-1229, 2016-Ohio-1113.
O’Connor, C.J., and Lanzinger and Kennedy, JJ.,
dissent and would accept the appeal and hold the
cause for the decision in 2016-0215, State v.
Grimes.
2016-0677. State v. Amey.
Cuyahoga App. Nos. 103000 and 103001, 2016-
Ohio-1121.
2016-0678. State v. Jones.
Cuyahoga App. No. 102995, 2016-Ohio-1120.
2016-0679. State v. Saxton.
Franklin App. No. 15AP-16, 2016-Ohio-1233.
2016-0684. State v. Williams.
Butler App. No. CA2015-08-152. O’Donnell, J.,
dissents.
2016-0685. State v. Wainscott.
Clermont App. No. CA2015-07-056, 2016-Ohio-
1153.
2016-0687. State v. Gensert.
Trumbull App. No. 2015-T-0084, 2016-Ohio-1163.
2016-0690. Breitenbach v. Double Z Constr. Co.,
L.L.C.
Licking App. No. 15 CA 53, 2016-Ohio-1272.
Pfeifer and O’Neill, JJ., dissent.
2016-0697. State v. Stober.
Putnam App. No. 12-13-09.
2016-0701. Mayberry v. Mayberry.
Franklin App. No. 15AP-160, 2016-Ohio-1031.
2016-0703. Barrow v. New Miami.
Butler App. No. CA2015-03-043, 2016-Ohio-340.
O’Connor, C.J., dissents and would accept the
appeal on Proposition of Law No. I.
Lanzinger, J. dissents and would accept the
appeal on Proposition of Law Nos. I and III.
Kennedy, J., dissents.
William J. Klatt, J. of the Tenth Appellate District,
sitting for O’Donnell, J.
2016-0718. State v. Franchi.
Summit App. No. 27797, 2016-Ohio-1195.
2016-0721. State v. Breeze.
Franklin App. No. 15AP-1027, 2016-Ohio-1457.
2016-0752. State v. Amos.
Hamilton App. No. C-150265, 2016-Ohio-1319.
2016-0756. State v. Willan.
Summit App. No. 27188, 2016-Ohio-1335.
Lanzinger, J., dissents.
O’Connor, C.J., not participating.
2016-0764. State v. Hunter.
Summit App. No. 26610.
2016-0767. State v. Hawkins.
Franklin App. No. 15AP-35, 2016-Ohio-1404.
2016-0771. State v. Layman.
Lawrence App. No. 14CA35, 2016-Ohio-1503.
2016-0772. Farmer v. PNC Bank, N.A.
Montgomery App. No. 26911.
2016-0777. State v. Jordan.
Scioto App. No. 13CA3590.
2016-0779. State v. Groves.
Franklin App. Nos. 15AP-855, 15AP-856, 15AP-
861, and 15AP-862, 2016-Ohio1408.
2016-0804. State v. Guzman.
Butler App. No. CA2015-11-198 French, J.,
dissents.
2016-0816. In re S.D.
Lorain App. Nos. 15CA010864 and 15CA010867,
2016-Ohio-1493.
2016-0867. State v. Pyles.
Mahoning App. No. 13 MA 22, 2016-Ohio-3014.
2016-0894. In re J.L.
Franklin App. No. 15AP-889, 2016-Ohio-2858.
Motion for stay is denied as moot.
O’Donnell, J., dissents, and would accept the
cause and grant the motion for stay.
RECONSIDERATION OF PRIOR DECISIONS
2014-1161. World Harvest Church v. Grange Mut.
Cas. Co.
Franklin App. No. 13AP-290, 2013-Ohio-5707.
Reported at __ Ohio St.3d __, 2016-Ohio-2913,
__N.E.3d __. On motion for reconsideration.
Motion denied.
2014-1769. Toledo City School Dist. Bd. of Edn. v.
State Bd. of Edn.
Franklin App. Nos. 14AP-93, 14AP-94, and 14AP-
95, 2014-Ohio-3741. Reported at __ Ohio St.3d
__, 2016-Ohio-2806, __N.E.3d __. On motion for
reconsideration. Motion denied.
Lanzinger and O’Neill, JJ., dissent.
2015-0846. State ex rel. Dawson v. Summit Cty.
Court of Common Pleas.
Summit App. No. 27728. Reported at __ Ohio
St.3d __, 2016-Ohio-1597, __ N.E.3d __. On
motion for reconsideration. Motion denied.
Pfeifer, J., dissents.
2015-1031. State ex rel. Bradford v. Dinkelacker.
Hamilton App. No. C-150237. Reported at __
Ohio St.3d __, 2016-Ohio-2916, __ N.E.3d __. On
amended motion for reconsideration. Motion
denied.
O’Donnell, J., dissents.
2016-0056. Clark v. Grant Med. Ctr.
Franklin App. No. 14AP-833, 2015-Ohio-4958.
Reported at 145 Ohio St.3d 1458, 2016-Ohio-
2807, 49 N.E.3d 320. On motion for
reconsideration. Motion denied.
O’Neill, J., dissents.
2016-0120. Kerger & Hartman, L.L.C. v. Ajami.
Lucas App. No. L-14-1219, 2015-Ohio-5157.
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for
reconsideration as to Proposition of Law No. 1.
Motion denied.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2016-0311. State v. Fite.
Adams App. No. 14CA998, 2016-Ohio-284.
Reported at 145 Ohio St.3d 1472, 2016-Ohio-
3028, 49 N.E.3d 1314. On motion for
reconsideration. Motion denied.
2016-0414. State v. Elder.
Stark App. No. 2014CA00135, 2015-Ohio-3564.
Reported at 145 Ohio St.3d 1469, 2016-Ohio-
3028, 49 N.E.3d 1312. On motion for
reconsideration. Motion denied.
Pfeifer and Kennedy, JJ., dissent.
CASE ANNOUNCEMENTS
July 26, 2016
[Cite as 07/26/2016 Case Announcements, 2016-
Ohio-5101.]
MERIT DECISIONS WITH OPINIONS
2015-0132. Link v. FirstEnergy Corp., Slip Opinion
No. 2016-Ohio-5083.
Cuyahoga App. No. 101286, 2014-Ohio-5432.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Lanzinger, Kennedy, and
French, JJ., concur.
O’Donnell, J., dissents.
O’Neill, J., dissents in an opinion that Pfeifer, J.,
joins.
2015-0532. State ex rel. Perez v. Indus. Comm.,
Slip Opinion No. 2016-Ohio5084.
Franklin App. No. 14AP-394, 2015-Ohio-588.
Judgment affirmed in part and reversed in part.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
Pfeifer, J., dissents and would affirm the judgment
of the court of appeals.
2015-2012. Columbus Bar Assn. v. Roseman, Slip
Opinion No. 2016-Ohio5085.
On Certified Report by the Board of Professional
Conduct, No. 2015-003. Darwin Richard
Roseman, Attorney Registration No. 0064756, is
hereby suspended from the practice of law for one
year, with six months stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2014-1966. Tribett v. Shepherd.
Belmont App. No. 13 BE 22, 2014-Ohio-4320.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the joint motion of
appellees and amicus curiae, the state of Ohio,
for divided argument time scheduled for Tuesday,
August 16, 2016, it is ordered by the court that the
motion is granted. Amicus curiae shall share the
time allotted to appellees.
2015-0389. Carrollton City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2012-4862. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellee’s motion to reset
date for oral argument, it is ordered by the court
that the motion is granted.
MISCELLANEOUS DISMISSALS
2015-1744. CSFB 2002-CP3 River St. Square,
L.L.C. v. Lorain Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1104. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 07-26-16
CASE ANNOUNCEMENTS
July 25, 2016
[Cite as 07/25/2016 Case Announcements, 2016-
Ohio-5078.]
DISCIPLINARY CASES
2013-1622. Disciplinary Counsel v. Hale.
On application for reinstatement. Harland Hanna
Hale, Attorney Registration No. 0023464, is
hereby reinstated to the practice of law.
CASE ANNOUNCEMENTS
July 22, 2016
[Cite as 07/22/2016 Case Announcements, 2016-
Ohio-5047.]
MOTION AND PROCEDURAL RULINGS
2015-1782. State v. Shalash.
Warren App. No. CA2014-12-146, 2015-Ohio-
3836. This cause is pending before the court on
the certification of a conflict by the Court of
Appeals for Warren County.
Upon consideration of the joint motion of appellee
and amicus curiae, Ohio Attorney General
Michael DeWine, for divided argument time
scheduled for Tuesday, August 30, 2016, it is
ordered by the court that the motion is granted.
Amicus curiae shall share the time allotted to
appellee.
2016-0453. Whirlpool Corp. v. Hancock Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-122. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Hancock County Board of
Revision in order to implement a settlement, it is
ordered by the court that the cause is remanded
to the Hancock County Board of Revision to take
further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the
Hancock County Board of Revision.
DISCIPLINARY CASES
2010-1463. Disciplinary Counsel v. Muntean.
On July 5, 2016, respondent, Christopher
Muntean, filed a motion to terminate probation.
Upon consideration thereof, the court finds that
respondent has substantially complied with
Gov.Bar R. V(21)(D) and with its order dated
March 17, 2014, in which the court reinstated
respondent to the practice of law and placed him
on monitored probation for a period of two years.
On consideration thereof, it is ordered by this
court that the probation of respondent,
Christopher Muntean, Attorney Registration No.
0077343, last known business address in Akron,
Ohio, is terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
2 07-22-16
CASE ANNOUNCEMENTS
July 21, 2016
[Cite as 07/21/2016 Case Announcements, 2016-
Ohio-5039.]
MERIT DECISIONS WITH OPINIONS
2014-0749. State ex rel. School Choice Ohio, Inc.
v. Cincinnati Pub. School Dist., Slip Opinion No.
2016-Ohio-5026.
In Mandamus. Writ granted in part and denied in
part.
Pfeifer, Lanzinger, Kennedy, and O’Neill, JJ.,
concur.
O’Connor, C.J., concurs in part and dissents in
part in declining to award attorney fees.
O’Donnell, J., concurs in judgment in an opinion
that French, J., joins.
2014-1881 and 2014-1962. Onderko v. Sierra
Lobo, Inc., Slip Opinion No. 2016-Ohio-5027.
Erie App. No. E-14-009, 2014-Ohio-4115.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents in an opinion.
CASE ANNOUNCEMENTS
July 20, 2016
[Cite as 07/20/2016 Case Announcements, 2016-
Ohio-5021.]
MERIT DECISIONS WITH OPINIONS
2014-1641. State ex rel. Aaron’s, Inc. v. Ohio Bur.
of Workers’ Comp., Slip Opinion No. 2016-Ohio-
5011.
Franklin App. No. 13AP-170, 2014-Ohio-3425.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, French, and O’Neill,
JJ., concur.
O’Donnell, J., dissents in an opinion that
Lanzinger and Kennedy, JJ., join.
2015-0340. 250 Shoup Mill, L.L.C. v. Testa, Slip
Opinion No. 2016-Ohio-5012.
Board of Tax Appeals, No. 2011-2226. Decision
affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., dissents in an opinion.
Kennedy, J., dissents in an opinion that O’Donnell
and French, JJ., join.
MOTION AND PROCEDURAL RULINGS
2016-0317. State v. Anderson.
Montgomery App. No. 26525, 2016-Ohio-135.
This cause is pending before the court as an
appeal from the Court of Appeals for Montgomery
County.
Upon consideration of appellant’s motion for
appointment of the Office of the Ohio Public
Defender as counsel, it is ordered by the court
that the motion is granted and the Office of the
Ohio Public Defender is appointed to represent
appellant.
2016-0743. Giant Oil, Inc. v. Ashland Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-930. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0996. State v. Bradley.
Scioto App. No. 15CA3721, 2016-Ohio-3245. This
cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due July
18, 2016, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
DISCIPLINARY CASES
2005-1115. Columbus Bar Assn. v. Winkfield.
This matter came on for further consideration
upon the filing by respondent of a motion for an
extension of time for the Ohio Lawyers Assistance
Program (“OLAP”) to conduct an evaluation of
respondent as previously ordered by this court
and the filing by relator of an amended motion to
impose suspension.
Upon consideration thereof, it is ordered by the
court that respondent’s motion for an extension of
time for OLAP to conduct an evaluation of
respondent is granted. Respondent shall undergo
an evaluation by OLAP within 60 days of the date
of this order. It is further ordered that relator’s
amended motion to impose suspension is denied.
2016-0886. In re Resignation of Bodor.
On application for resignation of Csaba Andrew
Bodor, Attorney Registration No. 0025613, and on
report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
2 07-20-16
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-0968. State ex rel. 31, Inc. v. Indus. Comm.
Franklin App. No. 14AP-925, 2016-Ohio-3526.
3 07-20-16
CASE ANNOUNCEMENTS
July 19, 2016
[Cite as 07/19/2016 Case Announcements, 2016-
Ohio-5010.]
MERIT DECISIONS WITH OPINIONS
2014-0688. Morris v. Morris, Slip Opinion No.
2016-Ohio-5002.
Greene App. No. 2013-CA-29, 2014-Ohio-734.
Judgment affirmed.
Pfeifer, O’Donnell, Lanzinger, Kennedy, and
Baldwin, JJ., concur.
O’Connor, C.J., concurs in judgment only.
O’Neill, J., dissents in an opinion.
Craig R. Baldwin, J., of the Fifth Appellate District,
sitting for French, J.
2014-1267. State ex rel. Maddox v. Lincoln Hts.,
Slip Opinion No. 2016-Ohio5001.
In Mandamus. Motion denied and cause returned
to mediation.
O’Connor, C.J., and O’Donnell, Lanzinger, and
O’Neill, JJ., concur.
Pfeifer, J., dissents and would approve the
settlement.
Kennedy and French, JJ., dissent.
MISCELLANEOUS DISMISSALS
2016-0959. Parks v. Parks.
Butler App. No. CA2015-12-223, 2016-Ohio-3218.
This cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due July
15, 2016, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
CASE ANNOUNCEMENTS
July 18, 2016
[Cite as 07/18/2016 Case Announcements, 2016-
Ohio-4986.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JULY 18, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the July 18, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2012-2049 and 2014-1392. Disciplinary Counsel
v. Bunstine, 146 Ohio St.3d 1229, 2016-Ohio-
2735.
2014-2148. Disciplinary Counsel v. Coleman, 146
Ohio St.3d 1230, 2016-Ohio2736.
2014-2159. Disciplinary Counsel v. Quinn, 146
Ohio St.3d 1231, 2016-Ohio2737.
2015-0159. State ex rel. R.W. v. Williams, 146
Ohio St.3d 91, 2016-Ohio-562.
2015-0889. State ex rel. Dunn v. Franklin Cty.
Court of Common Pleas, 146 Ohio St.3d 101,
2016-Ohio-2915.
2015-1636. Geauga Cty. Bar Assn. v. Bond, 146
Ohio St.3d 97, 2016-Ohio1587.
2015-2008. Cincinnati Bar Assn. v. Glaser, 146
Ohio St.3d 102, 2016-Ohio3052.
16-AP-009. In re Disqualification of Forchione,
146 Ohio St.3d 1224, 2016Ohio-3111.
16-AP-010. In re Disqualification of Ghiz, 146
Ohio St.3d 1222, 2016-Ohio3132.
16-AP-014. In re Disqualification of Huffman, 146
Ohio St.3d 1226, 2016Ohio-3133.
DISCIPLINARY CASES
2016-1035. In re King.
On certified entry of felony conviction. Matthew
Joseph King, Attorney Registration No. 0067189,
is hereby suspended from the practice of law for
an interim period.
2 07-18-16
CASE ANNOUNCEMENTS
July 15, 2016
[Cite as 07/15/2016 Case Announcements, 2016-
Ohio-4969.]
MOTION AND PROCEDURAL RULINGS
In re Harper.
On April 20, 2016, this court found Henry N.
Harper to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Harper was prohibited from continuing or
instituting legal proceedings in this court without
first obtaining leave. On June 27, 2016, Harper
submitted a motion to obtain leave from the court
for an appeal.
It is ordered by the court that the motion for leave
is denied.
In re Howard.
On September 24, 2004, this court found Gregory
T. Howard to be a vexatious litigator under
S.Ct.Prac.R. 4.03. This court further ordered that
Howard was prohibited from continuing or
instituting legal proceedings in the court without
obtaining leave. On June 28, 2016, Howard
presented an application for leave to file a motion
for reconsideration of the court’s judgment of June
24, 2016.
It is ordered by the court that the application for
leave is denied.
CASE ANNOUNCEMENTS
July 14, 2016
[Cite as 07/14/2016 Case Announcements #2,
2016-Ohio-4968.]
MOTION AND PROCEDURAL RULINGS
2016-0788. Hooks v. Turner.
Ross App. No. 15CA3477, 2016-Ohio-3083. This
cause is pending before the court as an appeal
from the Court of Appeals for Ross County.
Upon consideration of appellant’s motion for stay
of the court of appeals’ May 18, 2016 decision
and judgment pending appellate review, it is
ordered by the court that the motion is granted.
CASE ANNOUNCEMENTS
July 14, 2016
[Cite as 07/14/2016 Case Announcements, 2016-
Ohio-4949.]
MISCELLANEOUS DISMISSALS
2016-0724. State ex rel. Brotherton v. McMillon.
Erie App. No. E-16-019. This cause is pending
before the court as an appeal from the Court of
Appeals for Erie County. The records of this court
indicate that appellant has not filed a merit brief,
due July 12, 2016, in compliance with the Rules of
Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for Erie
County.
CASE ANNOUNCEMENTS
July 13, 2016
[Cite as 07/13/2016 Case Announcements, 2016-
Ohio-4936.]
MOTION AND PROCEDURAL RULINGS
2016-1008. Snyder v. Fourth Dist. Court of
Appeals.
Pike App. No. 16CA870. This cause was filed as
a jurisdictional appeal. Upon consideration of
appellant’s memorandum in support of jurisdiction,
it is determined by the court that this cause
originated in the court of appeals and, therefore,
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Pike County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
CASE ANNOUNCEMENTS
July 11, 2016
[Cite as 07/11/2016 Case Announcements #3,
2016-Ohio-4932.]
MOTION AND PROCEDURAL RULINGS
2015-0484. Defiance Cty. v. Testa.
Board of Tax Appeals, No. 2014-2059. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Tax Commissioner of Ohio to
effectuate settlement, it is ordered by the court
that the cause is remanded to the tax
commissioner to take further action as
appropriate.
It is further ordered that the oral argument
scheduled for July 13, 2016, is cancelled and the
emergency joint motion for extension of oral
argument pending settlement is denied as moot.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the tax
commissioner.
CASE ANNOUNCEMENTS
July 12, 2016
[Cite as 07/12/2016 Case Announcements, 2016-
Ohio-4914.]
MISCELLANEOUS DISMISSALS
2016-0970. Schmidt v. Franklin Cty. Court of
Common Pleas.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
July 11, 2016
[Cite as 07/11/2016 Case Announcements #2,
2016-Ohio-4913.]
MOTION AND PROCEDURAL RULINGS
2016-0261. Disciplinary Counsel v. Joltin.
This cause is scheduled for oral argument on
Tuesday, July 12, 2016. Upon consideration of
relator’s motion for continuance of oral argument,
it is ordered by the court that the motion is
granted. The oral argument will be rescheduled at
a later date.
CASE ANNOUNCEMENTS
July 11, 2016
[Cite as 07/11/2016 Case Announcements, 2016-
Ohio-4899.]
MERIT DECISIONS WITH OPINIONS
2014-1173. State v. Marks, Slip Opinion No. 2016-
Ohio-4837.
Cuyahoga App. No. 101561. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1175. State v. Jenkins, Slip Opinion No.
2016-Ohio-4838.
Cuyahoga App. No. 101560. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1176. State v. Harris, Slip Opinion No. 2016-
Ohio-4839.
Cuyahoga App. No. 101562. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1177. State v. Scott, Slip Opinion No. 2016-
Ohio-4840.
Cuyahoga App. No. 101565. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1200. State v. Collins, Slip Opinion No.
2016-Ohio-4841.
Cuyahoga App. No. 101557. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1201. State v. Wiley, Slip Opinion No. 2016-
Ohio-4843.
Cuyahoga App. No. 101563. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1363. State v. Washington, Slip Opinion No.
2016-Ohio-4845.
Cuyahoga App. No. 101406. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1368. State v. Washington, Slip Opinion No.
2016-Ohio-4847.
Cuyahoga App. No. 101407. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1712. State v. Diamond, Slip Opinion No.
2016-Ohio-4848.
Cuyahoga App. No. 101915. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1714. State v. Diamond, Slip Opinion No.
2016-Ohio-4849.
Cuyahoga App. No. 101914. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1715. State v. Turner, Slip Opinion No.
2016-Ohio-4850.
Cuyahoga App. No. 101860. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1716. State v. Melton, Slip Opinion No.
2016-Ohio-4851.
Cuyahoga App. No. 101859. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1717. State v. Wimbush, Slip Opinion No.
2016-Ohio-4852.
Cuyahoga App. No. 101857. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1721. State v. Diamond, Slip Opinion No.
2016-Ohio-4853.
Cuyahoga App. No. 101916. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1725. State v. Stewart, Slip Opinion No.
2016-Ohio-4854.
Cuyahoga App. No. 101917. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1776. State v. Wimbush, Slip Opinion No.
2016-Ohio-4855.
Cuyahoga App. No. 101858. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1247 and 2015-1335. State v. Snowden,
Slip Opinion No. 2016-Ohio4856.
Trumbull App. No. 2014-T-0092, 2015-Ohio-2611.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1341 and 2015-1342. State v. Wright, Slip
Opinion No. 2016-Ohio-4857.
Lake App. No. 2013-L-089, 2015-Ohio-2601.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1455. State v. Wheeler, Slip Opinion No.
2016-Ohio-4860.
Cuyahoga App. Nos. 102182 and 102183, 2015-
Ohio-3231. Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1634. State v. Clark, Slip Opinion No. 2016-
Ohio-4873.
Cuyahoga App. Nos. 102758 and 102759, 2015-
Ohio-4089. Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1637. State v. Sheppard, Slip Opinion No.
2016-Ohio-4874.
Cuyahoga App. No. 102563, 2015-Ohio-4084.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1679. State v. Sprague, Slip Opinion No.
2016-Ohio-4875.
Auglaize App. No. 2-15-03, 2015-Ohio-3526.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1691. State v. George, Slip Opinion No.
2016-Ohio-4876.
Cuyahoga App. No. 102562, 2015-Ohio-4187.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1692. State v. Johnson, Slip Opinion No.
2016-Ohio-4877.
Cuyahoga App. Nos. 102760 and 102761, 2015-
Ohio-4189. Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2022. State v. Norquest, Slip Opinion No.
2016-Ohio-4878.
Geauga App. No. 2015-G-0003, 2015-Ohio-4541.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2065. State v. Valentyn, Slip Opinion No.
2016-Ohio-4879.
Lake App. No. 2015-L-072, 2015-Ohio-4834.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
DISCIPLINARY CASES
2011-2042. Disciplinary Counsel v. Ford.
This matter came on for further consideration
upon the filing by respondent of an application for
reinstatement.
Review of the application reveals that it fails to
comply with S.Ct.Prac.R. 3.11(D)(1), which
requires that all documents presented for filing
with the clerk shall contain a certificate of service.
Therefore, it is ordered by the court, sua sponte,
that the application for reinstatement is stricken.
2014-1896. Columbus Bar Assn. v. McCord.
On written request of relator, Columbus Bar
Association, it is ordered that the time for relator
to file the name of an attorney who will monitor
respondent is extended to August 8, 2016.
CASE ANNOUNCEMENTS
July 7, 2016
[Cite as 07/07/2016 Case Announcements, 2016-
Ohio-4846.]
MOTION AND PROCEDURAL RULINGS
2015-1517. State ex rel. Singer v. Fairland Local
School Dist. Bd. of Edn.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus. It has come to the court’s attention
that volumes 10 and 14 of the evidence submitted
by respondent, Fairland Local School District
Board of Education, contain personal identifiers,
as defined by Rule 44(H) of the Rules of
Superintendence of the Courts of Ohio, that have
not been redacted.
It is ordered by the court, sua sponte, that counsel
for respondent shall come to the Supreme Court
of Ohio Clerk’s Office and redact any and all
personal identifiers, as defined by Rule 44(H) of
the Rules of Superintendence, from the evidence
within ten days of the date of this entry.
DISCIPLINARY CASES
2015-0293. Disciplinary Counsel v. Williams.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2015-1197. Disciplinary Counsel v. Bellew.
It is ordered by this court, sua sponte, that
Timothy Eric Bellew, Attorney Registration No.
0067573, last known business address in Girard,
Ohio, is found in contempt for failure to comply
with this court’s order of April 15, 2016, to wit:
failure to file an affidavit of compliance on or
before May 16, 2016.
2015-1635. Disciplinary Counsel v. Rosenfield.
It is ordered by this court, sua sponte, that Ronald
Lee Rosenfield, Attorney Registration No.
0021093, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of April 20, 2016, to
wit: failure to file an affidavit of compliance on or
before May 20, 2016.
2016-0349. In re Resignation of Finan.
It is ordered by this court, sua sponte, that Nancy
Cole Finan, Attorney Registration No. 0042335,
last known business address in Bay Village, Ohio,
is found in contempt for failure to comply with this
court’s order of April 15, 2016, to wit: failure to
surrender her certificate of admission and failure
to file an affidavit of compliance on or before May
16, 2016.
2016-0370. Disciplinary Counsel v. Leneghan.
It is ordered by this court, sua sponte, that Patrick
Peter Leneghan, Attorney Registration No.
0041931, last known business address in
Brooklyn Heights, Ohio, is found in contempt for
failure to comply with this court’s order of April 21,
2016, to wit: failure to file an affidavit of
compliance on or before May 23, 2016.
2016-0600. In re Albright.
It is ordered by this court, sua sponte, that Joshua
Scott Albright, Attorney Registration No. 0087867,
last known business address in Sidney, Ohio, is
found in contempt for failure to comply with this
court’s order of April 22, 2016, to wit: failure to file
an affidavit of compliance on or before May 23,
2016.
2016-0613. In re McNamee.
It is ordered by this court, sua sponte, that Brian
Francis McNamee, Attorney Registration No.
0040494, last known business address in
Fairview Park, Ohio, is found in contempt for
failure to comply with this court’s order of April 27,
2016, to wit: failure to file an affidavit of
compliance on or before May 27, 2016.
MISCELLANEOUS DISMISSALS
2016-0594. State v. Burroughs.
Lorain App. No. 14CA010595, 2016-Ohio-1139.
This cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due May
9, 2016, in
2 07-07-16
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
2016-0605. State ex rel. Royster v. Ohio Adult
Parole Auth.
Franklin App. No. 15AP-863, 2016-Ohio-953. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
The records of this court indicate that appellant
has not filed a merit brief, due June 28, 2016, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
3 07-07-16
CASE ANNOUNCEMENTS
July 6, 2016
[Cite as 07/06/2016 Case Announcements, 2016-
Ohio-4824.]
MOTION AND PROCEDURAL RULINGS
2015-1278. State ex rel. Marmaduke v. Ohio
Police & Fire Pension Fund.
Franklin App. No. 14AP-489, 2015-Ohio-2491.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of Paul M. Friedman and
Michael P. O’Malley’s motion to withdraw as
counsel for appellant, it is ordered by the court
that the motion is granted.
2016-0962. State ex rel. Thomas v. Richard.
Madison App. No. CA2016-04-018. This cause
was filed as a jurisdictional appeal. Upon
consideration of appellant’s memorandum in
support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and therefore should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Madison County and that
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
MISCELLANEOUS DISMISSALS
2015-1733. State ex rel. Rogers v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0504. State ex rel. Tesack v. Miller.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s amended
application for dismissal, it is ordered by the court
that the application for dismissal is granted.
Accordingly, this cause is dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0901. ARCP RL Portfolio VIII, L.L.C. v. Stark
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1206.
2016-0902. Westerville City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-828 and 2015-
1165.
2016-0904. Licking Hts. Local Schools Bd. of Edn.
v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1448.
2016-0925. Beavercreek City School Dist. Bd. of
Edn. v. Greene Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-901.
2016-0926. ARCP RL Portfolio V, L.L.C. v. Clark
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-1167 and 2015-
1660.
2016-0928. Micromont Holdings 3, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1209.
2016-0929. ARCP Portfolio VI, L.L.C. v. Fairfield
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-1423.
2 00-00-16
CASE ANNOUNCEMENTS
July 5, 2016
[Cite as 07/05/2016 Case Announcements #3,
2016-Ohio-4825.]
MOTION AND PROCEDURAL RULINGS
2016-0896. In re Guardianship of Sweeney.
Cuyahoga App. No. 103285, 2016-Ohio-3260.
This cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that
appellee shall file a response, if any, to appellant’s
motion to strike response to motion for stay of
judgment of the court of appeals no later than
Friday, July 8, 2016.
CASE ANNOUNCEMENTS
July 5, 2016
[Cite as 07/05/2016 Case Announcements #2,
2016-Ohio-4821.]
MOTION AND PROCEDURAL RULINGS
2016-0970. Schmidt v. Franklin Cty. Court of
Common Pleas.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
It is ordered by the court, sua sponte, that
respondents shall file a response to the complaint
no later than Wednesday, July 6, 2016. If
respondents file a motion to dismiss or motion for
judgment on the pleadings, relator shall file a
response, if any, to respondents’ motion no later
than 12:00 p.m. on Thursday, July 7, 2016.
CASE ANNOUNCEMENTS
July 5, 2016
[Cite as 07/05/2016 Case Announcements, 2016-
Ohio-4791.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JULY 5, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the July 5, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format. 2012-0852. State v.
Broom, 146 Ohio St.3d 60, 2016-Ohio-1028.
2013-1886. State v. North, 146 Ohio St.3d 12,
2015-Ohio-1812. 2013-1951. Ross v. Cuyahoga
Cty. Bd. of Revision, 146 Ohio St.3d 12, 2015
Ohio-3443.
2014-0170. Veolia Water N. Am. Operating
Servs., Inc. v. Testa, 146 Ohio St.3d 52, 2016-
Ohio-756. 2014-0358. Lycan v. Cleveland, 146
Ohio St.3d 29, 2016-Ohio-422. 2014-1159. State
ex rel. Old Dominion Freight Line, Inc. v. Indus.
Comm.,
146 Ohio St.3d 13, 2016-Ohio-343. 2014-1557.
State v. Klembus, 146 Ohio St.3d 84, 2016-Ohio-
1092. 2014-2155. Disciplinary Counsel v. Simon,
146 Ohio St.3d 44, 2016-Ohio-535.
2015-0589. Warren Cty. Bar Assn. v. Vardiman,
146 Ohio St.3d 23, 2016
Ohio-352.
2016-0474. In re Atway, 146 Ohio St.3d 1216,
2016-Ohio-1452.
2016-0613. In re McNamee, 146 Ohio St.3d 1218,
2016-Ohio-2706.
2 07-05-16
CASE ANNOUNCEMENTS
July 1, 2016
[Cite as 07/01/2016 Case Announcements, 2016-
Ohio-4760.]
MERIT DECISIONS WITH OPINIONS
2014-0791. Deutsche Bank Natl. Trust Co. v.
Holden, Slip Opinion No. 2016Ohio-4603.
Summit App. No. 46970, 2014-Ohio-1333.
Judgment reversed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and O’Neill, JJ., concur.
French, J., concurs in judgment only.
DISCIPLINARY CASES
2016-0953. In re Sciortino.
On certified entry of felony conviction. Michael
Vincent Sciortino, Attorney Registration No.
0077089, is hereby suspended from the practice
of law for an interim period.
July Disciplinary Hearings Announced
June 30, 2016
The Board of Professional Conduct today
announced the disciplinary hearings involving
attorneys and judges charged with professional
misconduct that are scheduled in July. All
hearings take place before a three-member panel
of the board and are open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as
scheduled. Upon request, case documents can be
obtained via email.
July 6
Wood County Bar Association, Relator v. Robert
Eugene Searfoss III, Respondent
Case No. 2015-055
Respondent’s address: 112 E. Oak St., Bowling
Green
Respondent’s counsel: Patrick Cavanaugh,
Toledo
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., West
Hearing Room 104, Columbus
July 6
Disciplinary Counsel, Relator v. Richard Barbera,
Respondent
Case No. 2015-070
Respondent’s address: 144-H Royal Crest Drive,
Seville
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
July 12
Ohio State Bar Association, Relator v. Harry
Joseph Jacob III, Respondent
Case No. 2015-019
Respondent’s address: 7163 Southside Park
Drive, Solon
Respondent’s counsel: Michael Murman,
Lakewood
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
CASE ANNOUNCEMENTS
June 30, 2016
[Cite as 06/30/2016 Case Announcements, 2016-
Ohio-4677.]
MERIT DECISIONS WITH OPINIONS
2015-1640. Disciplinary Counsel v. Lawrence, Slip
Opinion No. 2016-Ohio4605.
On Certified Report by the Board of Professional
Conduct, No. 2015-048. Meredith Lynn Lawrence,
Attorney Registration No. 0029098, is hereby
suspended from the practice of law for a period of
two years with credit for time served under interim
suspension.
Pfeifer, Lanzinger, French, and O’Neill, JJ.,
concur.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent and would remand the cause to the Board
of Professional Conduct to reconsider the grant of
credit for time served under interim suspension.
MOTION AND PROCEDURAL RULINGS
2016-0530. State v. Carlton.
Stark App. No. 2016CA00036. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellant’s motion to
consolidate with No. 2016-0448 and take judicial
notice, it is ordered by the court that the motion is
denied as moot.
DISCIPLINARY CASES
2016-0951. In re Lindon.
On certified entry of felony conviction. James Lee
Lindon, Attorney Registration No. 0068842, is
hereby suspended from the practice of law for an
interim period.
2 06-30-16
CASE ANNOUNCEMENTS
June 29, 2016
[Cite as 06/29/2016 Case Announcements, 2016-
Ohio-4606.]
MERIT DECISIONS WITHOUT OPINIONS
2016-0499. State ex rel. Rohfeld v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On motion for
judgment on pleadings. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0526. Dates v. John D. Clunk Co., L.P.A.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On motion to strike
respondents’ motion to dismiss. Motion denied as
moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0543. State ex rel. Loper v. Rein.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On motion in limine to
provide relator additional time for filing responses.
Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0549. State ex rel. Hearn v. DeWine.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0589. State ex rel. Johnson v. Mohr.
In Mandamus. On amended motion to dismiss.
Motion granted. Cause dismissed. On motion for
judgment pursuant to S.Ct.Prac.R. 12.07(B)(3).
Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0604. State ex rel. Mast v. Holmes Cty.
Court of Common Pleas.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0634. State ex rel. Bryant v. Allen Cty.
Common Pleas Court.
In Mandamus and Procedendo. On motion to
dismiss. Motion granted. Cause dismissed. On
motion to supplement. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0658. State ex rel. Hilliard v. Russo.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2010-0944. State v. Jackson.
Cuyahoga C.P. No. CR532145. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2015-1514. State v. Henry.
Crawford App. No. 3-15-01. On motion to strike.
Motion denied. On motion to stay. Motion denied.
On motion for supplementation of the record.
Motion denied.
2016-0256. Adams v. Testa.
Board of Tax Appeals, No. 2015-1090. On motion
to consolidate case with 20160510, Adams v.
Testa. Motion denied.
O’Donnell and O’Neill, JJ., dissent.
2016-0667. State v. Lloyd.
Warren App. No. CA2015-05-038, 2015-Ohio-
3636. On motion for leave to file delayed appeal.
Motion denied.
2016-0707. State v. Shepherd.
Cuyahoga App. No. 102974, 2016-Ohio-1119. On
motion for leave to file delayed appeal. Motion
denied.
O’Donnell and O’Neill, JJ., dissent.
2016-0708. State v. Robinson.
Franklin App. No. 15AP-798, 2016-Ohio-952. On
motion for leave to file delayed appeal. Motion
denied.
O’Donnell and O’Neill, JJ., dissent.
2016-0727. State v. Smoot.
Montgomery App. No. 26297, 2015-Ohio-2717.
On motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0757. State v. Shepherd.
Cuyahoga App. No. 102951, 2016-Ohio-931. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0765. State v. Winters.
Cuyahoga App. No. 102871, 2016-Ohio-928. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0810. Sivit v. Village Green of Beachwood,
L.P.
Cuyahoga App. Nos. 103340 and 103498, 2016-
Ohio-2940. On motion for limited stay relief.
Motion denied.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2016-0461. Springfield v. State.
Clark App. No. 2015-CA-77, 2016-Ohio-725.
Discretionary appeal accepted on Proposition of
Law Nos. I and II and cause held for decision in
2015-1549, Dayton
v. State, and briefing schedule stayed. O’Connor,
C.J., would accept the cause on Proposition of
Law No. II only. Lanzinger, Kennedy, and O’Neill,
JJ., would accept the cause on all
Propositions of Law. Pfeifer, J., dissents.
O’Donnell, J., not participating.
2016-0656. State v. Reese.
Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Discretionary appeal accepted, cause held
for decision in 2015-0384, State v. Gonzales, and
briefing schedule stayed.
Pfeifer and French, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2015-1858. In re Estate of Cvanciger.
Lake App. No. 2014-L-095, 2015-Ohio-4318.
O’Connor, C.J., dissents.
2016-0291. Formica v. Dehner.
Warren App. No. CA2015-03-016, 2016-Ohio-75.
Kennedy, J., not participating.
2016-0330. State v. Jordan.
Scioto App. No. 13CA3590, 2015-Ohio-5253.
Motion for stay of Supreme Court proceedings
denied.
2016-0339. State v. Dickerson.
Cuyahoga App. No. 102461, 2016-Ohio-807.
Motion for bond pending court’s ruling on request
for leave to appeal denied as moot.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent and would hold the cause for decision in
2015-1427, State v. Jones.
2016-0346. State v. Maser.
Franklin App. No. 15AP-129, 2016-Ohio-211.
Lanzinger and O’Neill, JJ., dissent and would hold
the cause for decision in 2016-0215, State v.
Grimes.
2016-0358. State v. Baker.
Montgomery App. No. 26703, 2016-Ohio-315.
Appeal and cross-appeal not accepted.
O’Donnell and O’Neill, JJ., dissent and would
accept jurisdiction over the cross-appeal.
2016-0449. Home Fed. S. & L. Assn. of Niles v.
Keck.
Mahoning App. No. 15 MA 0041, 2016-Ohio-651.
2016-0452. State v. Reese.
Mahoning App. No. 2014 MA 00116, 2016-Ohio-
557.
2016-0454. Ogle v. Greco.
Hocking App. No. 15CA2, 2015-Ohio-4841.
2016-0457. State v. Oliver.
Franklin App. No. 15AP000810, 2016-Ohio-475.
O’Donnell, J., dissents.
2016-0458. State v. Lee.
Mahoning App. No. 14 MA 120, 2016-Ohio-649.
2016-0460. State v. Brooks.
Cuyahoga App. No. 102551, 2016-Ohio-489.
O’Donnell and French, JJ., dissent.
2016-0467. State v. Welly.
Seneca App. No. 13-15-37, 2016-Ohio-863.
2016-0468. State v. Menkhaus.
Clermont App. No. CA2015-04-035, 2016-Ohio-
550. French, J., dissents.
2016-0471. McIntire v. Cuyahoga Cty.
Cuyahoga App. Nos. 103126, 103192, and
103253, 2016-Ohio-593.
2016-0476. State v. Jordan.
Montgomery App. No. 26163, 2016-Ohio-603.
O’Neill, J., dissents.
2016-0477. Wheatley v. Marietta College.
Washington App. No. 14CA18, 2016-Ohio-949.
Pfeifer and O’Neill, JJ., dissent.
2016-0478. Gallito v. Levinsky.
Mahoning App. No. 13 MA 143, 2016-Ohio-889.
2016-0479. Wells Fargo Bank, N.A. v. Carver.
Cuyahoga App. No. 102822, 2016-Ohio-589.
O’Donnell, J., dissents.
2016-0483. State v. Feagin.
Richland App. No. 2015-CA-0041, 2015-Ohio-
5107.
2016-0485. Definitive Solutions Co., Inc. v. Sliper.
Hamilton App. No. C-150281, 2016-Ohio-533.
O’Neill, J., dissents.
2016-0487. State v. Silva.
Henry App. No. 7-15-07, 2016-Ohio-633.
2016-0488. State v. Porter.
Cuyahoga App. No. 102257, 2016-Ohio-1115.
2016-0489. Pastroumas v. UCL, Inc.
Hamilton App. No. C-150352. Pfeifer and O’Neill,
JJ., dissent.
2016-0498. In re J.L.
Trumbull App. No. 2015-T-0137, 2016-Ohio-644.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2016-0503. Bank of Am., N.A. v. Singh.
Butler App. No. CA2015-07-131, 2016-Ohio-639.
2016-0508. Schlaegel v. Howell.
Champaign App. No. 2014-CA-37, 2015-Ohio-
4296.
2016-0511. State v. Day.
Greene App. No. 2015-CA-15.
2016-0512. Rodgers v. Genesis Healthcare Sys.,
Inc.
Muskingum App. No. CT2015-0030, 2016-Ohio-
721.
2016-0515. Dorazio v. Dorazio.
Cuyahoga App. No. 103308, 2016-Ohio-713.
Motion to dismiss denied as moot.
2016-0517. State ex rel. DeWine v. Mastergard.
Franklin App. No. 14AP-1024, 2016-Ohio-660.
Pfeifer, J., dissents.
2016-0518. Crown Chrysler Jeep, Inc. v.
Boulware.
Franklin App. No. 15AP-162, 2015-Ohio-5084.
2016-0520. State v. Domokos.
Ottawa App. No. OT-15-008, 2016-Ohio-739.
2016-0522. State v. Chisenhall.
Clermont App. Nos. CA2015-07-055 and CA2015-
07-063, 2016-Ohio-999.
2016-0523. Gattrell v. Utica.
Licking App. No. 15-CA-26, 2016-Ohio-792.
Pfeifer, J., dissents.
Kennedy, J., dissents and would hold the cause
for the decision in 20150348, Argabrite v. Neer.
2016-0524. Lerner v. Giolekas.
Cuyahoga App. No. 102768, 2016-Ohio-696.
O’Donnell, J., dissents.
2016-0525. State v. Durham.
Cuyahoga App. No. 102654, 2016-Ohio-691.
Appeal and cross-appeal not accepted.
O’Connor, C.J., and Lanzinger, J., dissent, and
would accept the cross-appeal on Proposition of
Law No. I and hold the cause for decision in 2014-
0942, State v. Walker.
2016-0529. Lundeen v. Smith-Hoke.
Franklin App. No. 15AP-236, 2015-Ohio-5086.
2016-0532. Cleveland v. Cleveland Police
Patrolmen’s Assn.
Cuyahoga App. No. 103010, 2016-Ohio-702.
O’Donnell, J., dissents.
2016-0533. State v. Hall.
Cuyahoga App. No. 102789, 2016-Ohio-698.
O’Donnell, J., dissents.
2016-0534. State v. Davis.
Cuyahoga App. No. 102726, 2016-Ohio-694.
French, J., dissents.
2016-0535. State v. Brown.
Montgomery App. No. 21540.
2016-0536. State v. Scott.
Summit App. No. 27846, 2016-Ohio-682.
2016-0540. State v. G.C.
Franklin App. No. 15AP-536, 2016-Ohio-717.
Pfeifer, J., dissents.
2016-0544. State v. Burke.
Franklin App. No. 15AP-54, 2016-Ohio-822.
2016-0558. Fed. Natl. Mtge. Assn. v. Ford.
Cuyahoga App. No. 102395, 2016-Ohio-919.
O’Donnell, J., dissents.
2016-0561. State v. Snodgrass.
Clark App. No. 2015-CA-59, 2015-Ohio-5304.
2016-0577. State v. Conner.
Cuyahoga App. No. 103092, 2016-Ohio-301.
2016-0579. State v. Stephenson.
Franklin App. No. 14AP-826.
2016-0580. State v. Pough.
Trumbull App. No. 2015-T-0095, 2016-Ohio-1315.
2016-0584. State v. Doumbas.
Cuyahoga App. No. 100777, 2016-Ohio-956.
2016-0588. State v. Rice.
Lucas App. No. L-15-1139.
2016-0591. State v. Smith.
Montgomery App. No. 26307, 2016-Ohio-1269.
2016-0606. State v. Patterson.
Trumbull App. No. 2013-T-0062, 2015-Ohio-4423.
2016-0611. Rauch v. Jefferson Twp. Bd. of Zoning
Appeals.
Montgomery App. No. 26941, 2016-Ohio-967.
Motion for stay denied.
O’Connor, C.J., dissents and would accept the
cause on Proposition of Law No. I.
2016-0616. State v. Hubbard.
Cuyahoga App. No. 83384, 2016-Ohio-918.
2016-0618. State v. Barnes.
Muskingum App. No. CT2015-0013, 2016-Ohio-
1168.
2016-0622. State v. Schlemmer.
Stark App. No. 2015CA00136, 2016-Ohio-1075.
2016-0623. Schultheiss v. Heinrich Ents., Inc.
Washington App. No. 15CA20, 2016-Ohio-121.
O’Connor, C.J., dissents and would accept the
cause on Proposition of Law No. I.
Kennedy and French, JJ., dissent.
2016-0626. State v. Grissom.
Montgomery App. No. 26626, 2016-Ohio-961.
2016-0627. State v. Burrage.
Cuyahoga App. No. 104175.
2016-0629. Bank of New York Mellon v.
Ackerman.
Montgomery App. No. 26779, 2016-Ohio-960.
2016-0633. State v. Chiles.
Cuyahoga App. No. 103179, 2016-Ohio-1225.
2016-0643. State v. Griggs.
Lake App. No. 2014-L-127, 2015-Ohio-4635.
2016-0644. State v. Anderson.
Franklin App. No. 16AP-156.
2016-0649. State v. Castle.
Hardin App. No. 6-15-11, 2016-Ohio-993.
2016-0652. State v. Turner.
Cuyahoga App. No. 104215.
2016-0654. State v. Rodriguez.
Franklin App. No. 15AP-953, 2016-Ohio-1090.
2016-0665. State v. Irbey.
Lucas App. No. L-15-1082, 2016-Ohio-1393.
2016-0676. State v. Watkins.
Franklin App. No. 14AP-807, 2016-Ohio-1029.
O’Donnell, J., not participating.
2016-0681. State v. Payne.
Ashtabula App. No. 2015-A-0036, 2016-Ohio-
1301.
RECONSIDERATION OF PRIOR DECISIONS
2014-2079. Baker v. Wayne.
Wayne App. No. 13CA0029, 2014-Ohio-3529.
Reported at __ Ohio St.3d __, 2016-Ohio-1566,
__ N.E.3d __. On motion for reconsideration.
Motion denied. Pfeifer, O’Donnell, and O’Neill, JJ.,
dissent.
2015-1195. State v. Henry.
Crawford App. No. 3-15-01. Reported at 146 Ohio
St.3d 10, 2016-Ohio-1525, 50 N.E.3d 555. On
motion for reconsideration. Motion denied. On
motion to strike, motion to stay, and motion for
supplementation of the record. Motions denied.
2015-1754. Freedom Mtge. Corp. v. Robbins.
Hamilton App. No. C-140475. Reported at 145
Ohio St.3d 1457, 2016-Ohio-2807, 49 N.E.3d 320.
On motion for reconsideration. Motion denied. On
motion to place stay on property. Motion denied
as moot.
2016-0030. State v. Bridges.
Cuyahoga App. Nos. 102930 and 103090, 2015-
Ohio-5428. Reported at 145 Ohio St.3d 1458,
2016-Ohio-2807, 49 N.E.3d 320. On motion for
reconsideration. Motion denied.
2016-0038. State ex rel. McDuffie v. Saffold.
In Mandamus. Reported at 145 Ohio St.3d 1439,
2016-Ohio-1596, 48 N.E.3d 580. On motion for
reconsideration. Motion denied.
2016-0049. State v. Moore.
Muskingum App. No. CT2015-0027, 2015-Ohio-
3435. On motion for reconsideration. Motion
granted. Discretionary appeal accepted and
cause held for decision in 2016-0215, State v.
Grimes, and briefing schedule stayed.
O’Connor, C.J., and Pfeifer and Kennedy, JJ.,
dissent.
2016-0075. State ex rel. Bloodworth v. Piper.
In Mandamus. Reported at 145 Ohio St.3d 1439,
2016-Ohio-1596, 48 N.E.3d 580. On motion for
reconsideration. Motion denied. On motion for
sanctions. Motion denied.
2016-0124. Jones v. Lerner Sampson & Rothfuss.
In Mandamus. Reported at 145 Ohio St.3d 1454,
2016-Ohio-2807, 49 N.E.3d 318. On motion for
reconsideration. Motion denied. On demand for
finding of facts and conclusions of law. Motion
denied.
2016-0126. State v. Hignite.
Warren App. No. CA2015-07-063, 2015-Ohio-
5204. Reported at 145 Ohio St.3d 1459, 2016-
Ohio-2807, 49 N.E.3d 321. On motion for
reconsideration. Motion denied.
Kennedy, J., dissents.
2016-0135. Johnson v. State.
In Procedendo. Reported at 145 Ohio St.3d 1450,
2016-Ohio-2687, 49 N.E.3d
314. On motion for reconsideration. Motion
denied.
2016-0138. State v. Knoefel.
Lake App. No. 2014-L-088, 2015-Ohio-5207.
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for
reconsideration. Motion denied.
Pfeifer, J., dissents.
2016-0149. Shields v. Tyack.
Franklin App. No. 15AP-114, 2015-Ohio-5369.
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for
reconsideration. Motion denied.
2016-0178. State ex rel. Bloodworth v. Powell.
In Mandamus. Reported at 145 Ohio St.3d 1440,
2016-Ohio-1596, 48 N.E.3d 580. On motion for
reconsideration. Motion denied. On motion for
sanctions. Motion denied.
2016-0296. State ex rel. Victor v. Stupica.
In Procedendo. Reported at 145 Ohio St.3d 1455,
2016-Ohio-2807, 49 N.E.3d
318. On motion for reconsideration. Motion
denied.
CASE ANNOUNCEMENTS
June 28, 2016
[Cite as 06/28/2016 Case Announcements, 2016-
Ohio-4594.]
MERIT DECISIONS WITH OPINIONS
2015-1003. Cincinnati Bar Assn. v. Hoskins, Slip
Opinion No. 2016-Ohio4576.
On Certified Report by the Board of Professional
Conduct, No. 2014-014. Robert Hansford
Hoskins, Attorney Registration No. 0068550, is
hereby indefinitely suspended from the practice of
law.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent and would disbar respondent.
DISCIPLINARY CASES
2013-0569. Cincinnati Bar Assn. v. McBeth.
On June 9, 2016, respondent, Steven James
McBeth, filed an application for termination of
probation. Upon consideration thereof, the court
finds that respondent has substantially complied
with Gov.Bar R. V(21)(D) and with its order dated
December 4, 2014, in which the court reinstated
respondent to the practice of law and placed him
on monitored probation for a period of 18 months.
On consideration thereof, it is ordered by this
court that the probation of respondent, Steven
James McBeth, Attorney Registration No.
0063426, last known business address in
Cincinnati, Ohio, is terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
2015-0481. Disciplinary Counsel v. Hoskins.
On April 23, 2015, this court suspended
respondent, Robert Hansford Hoskins, from the
practice of law for a period of 60 days pursuant to
Gov.Bar R. V(20)(C). On September 2, 2015, co-
relators, disciplinary counsel and Cincinnati Bar
Association, filed a motion to hold respondent in
contempt. On November 5, 2015, this court
granted the motion and ordered respondent to
appear in person before the court on December 1,
2015. Respondent appeared as ordered.
Upon consideration thereof, it is ordered that a
fine in the amount of $200 for each of the three
acts of practicing law while his license was under
suspension, for a total of $600, is imposed upon
respondent. The fine shall be paid to this court by
cashier’s check or money order on or before 30
days from the date of this order. If respondent fails
to pay said fine on or before 30 days from the
date of this order, the matter will be referred to the
attorney general for collection, and this court may
find respondent in contempt. It is further ordered
that respondent is liable for all collection costs
pursuant to R.C. 131.02 if the debt is certified to
the attorney general for collection.
It is further order by the court that respondent is
ordered to pay the costs incurred by co-relators in
pursuing the motion to hold respondent in
contempt. Corelators shall file a statement of the
costs incurred in preparing the motion within
seven days from the date of this order.
Respondent shall pay the costs to corelators
within 30 days from the date of this order.
2 06-28-16
CASE ANNOUNCEMENTS
June 27, 2016
[Cite as 06/27/2016 Case Announcements, 2016-
Ohio-4587.]
MOTION AND PROCEDURAL RULINGS
2016-0923. State ex rel. Love v. O’Donnell.
Lake App. No. 2015-L-143, 2016-Ohio-3007. This
cause was filed as a jurisdictional appeal. Upon
consideration of appellant’s memorandum in
support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
The clerk shall issue an order for the transmittal of
the record from the Court of Appeals for Lake
County, and the parties shall brief this case in
accordance with the Rules of Practice of the
Supreme Court of Ohio.
MISCELLANEOUS DISMISSALS
2016-0466. State v. Wood.
Montgomery App. No. 26134, 2016-Ohio-143.
This cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due June
17, 2016, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
2016-0813. Peterson v. Bradshaw.
In Habeas Corpus. This cause originated in this
court on the filing of a petition for a writ of habeas
corpus.
Upon consideration of petitioner’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 06-27-16
CASE ANNOUNCEMENTS
June 24, 2016
[Cite as 06/24/2016 Case Announcements, 2016-
Ohio-4551.]
MOTION AND PROCEDURAL RULINGS
In re Howard.
On September 24, 2004, this court found Gregory
T. Howard to be a vexatious litigator under
S.Ct.Prac.R. 4.03. This court further ordered that
Howard was prohibited from continuing or
instituting legal proceedings in the court without
obtaining leave. On June 21, 2016, Howard
presented an application for leave to file.
It is ordered by the court that the application for
leave is denied.
MISCELLANEOUS DISMISSALS
2016-0823. State ex rel. Dabney v. Winkler.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
June 23, 2016
[Cite as 06/23/2016 Case Announcements, 2016-
Ohio-3548.]
MOTION AND PROCEDURAL RULINGS
In re Harris. On April 20, 2016, this court found
Dwayne Harris to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Harris was prohibited from continuing or
instituting legal proceedings in the court without
obtaining leave. On June 16, 2016, Harris
presented an application for leave.
It is ordered by the court that the application for
leave is denied.
RECONSIDERATION OF PRIOR DECISIONS
2005-1115. Columbus Bar Assn. v. Winkfield.
This matter came on for further consideration
upon the filing by relator of a motion for
reconsideration.
Upon consideration thereof, it is ordered by the
court that the motion is granted in part. The
second condition set forth in this court’s April 15,
2016 order is modified as follows: relator shall
select a monitoring attorney designated by OLAP
pursuant to Gov.Bar R. V(21)(A)(6) to assume the
duty of monitoring respondent and reporting
respondent’s compliance with the court’s order to
relator.
DISCIPLINARY CASES
2016-0811. In re Resignation of Phillips.
On application for retirement or resignation from
the practice of law of Susan Joan Phillips,
Attorney Registration No. 0043971, and on report
filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
CASE ANNOUNCEMENTS
June 21, 2016
[Cite as 06/21/2016 Case Announcements #2,
2016-Ohio-3538.]
MERIT DECISIONS WITH OPINIONS
2015-1470. State ex rel. Ford v. Ruehlman, Slip
Opinion No. 2016-Ohio-3529.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition.
Upon consideration thereof, it is ordered by the
court that a peremptory writ of prohibition is
granted to order respondent, Hamilton County
Common Pleas Court Judge Robert Ruehlman, to
vacate his orders, consistent with the opinion
rendered herein.
It is further ordered by the court that the request
for a writ of mandamus is denied.
It is further ordered by the court that intervening
respondents’ motion for leave to file a
memorandum in opposition to relator’s motion to
join Linda Brumley as a co-relator and intervening
respondents’ motion for leave to file a
memorandum in opposition to relator’s “notice of
respondent’s latest order” are granted.
It is further ordered by the court that relator’s
motion to join Linda Brumley as co-relator,
respondent’s motion for judgment on pleadings,
intervening respondents’ motion for judgment on
the pleadings and respondent’s motion to dismiss
are denied.
It is further ordered by the court that relator’s
motion for alternative writ and intervening
respondents’ motion to vacate the September 17,
2015 order staying the Hamilton County action
are denied as moot.
Costs assessed to respondent.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents with an opinion.
O’Neill, J., not participating.
MOTION AND PROCEDURAL RULINGS
2015-1470. State ex rel. Ford v. Ruehlman.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition.
Upon consideration of relator’s motion for
emergency relief, it is ordered by the court that
the motion is granted.
Pfeifer, J., dissents.
O’Donnell, J., dissents, because the court has no
jurisdiction over the newly filed case and there is
no statement regarding bond submitted by
movant.
O’Neill, J., not participating.
2 06-21-16
CASE ANNOUNCEMENTS
June 22, 2016
[Cite as 06/22/2016 Case Announcements, 2016-
Ohio-3537.]
MOTION AND PROCEDURAL RULINGS
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report, it is
ordered by the court that the stay of the briefing
schedule is hereby extended. The parties shall
notify the court within 60 days from the date of
this entry of the status and whether the stay may
be lifted.
2014-2028. State v. Martin.
Montgomery App. No. 26033, 2014-Ohio-3640.
This cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Montgomery County.
It is ordered by the court, sua sponte, that the
portion of the record identified as State’s Exhibit 1
is placed under seal.
CASE ANNOUNCEMENTS
June 21, 2016
[Cite as 06/21/2016 Case Announcements, 2016-
Ohio-3507.]
MOTION AND PROCEDURAL RULINGS
2016-0803. Webster v. Shaw.
Wyandot App. No. 16-15-08, 2016-Ohio-1484.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of John J. Bursch, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2016-0875. State v. Parks.
Highland App. No. 16CA3. On June 10, 2016, this
case was initiated by the filing of a notice of
appeal that indicated it was filed by “~r-lotus:
justice: sui juris, Relator as Appointed Counsel of
~rachael-n: parks, et al. and ~clayton-m: bates, et
al.” S.Ct.Prac.R. 2.01(A)(1)(b) states that “[o]nly
persons who are attorneys qualified pursuant to
division (A)(1)(a) of this rule may file documents
on behalf of another person or entity.” Review of
the records of the Office of Attorney Services of
the Supreme Court reveals that there is no Ohio
registered attorney named ~r-lotus: justice, nor is
there any record of an out-of-state attorney
registered for pro hac vice status with the name
~r-lotus: justice.
Because ~r-lotus: justice is not an attorney
permitted to file documents on behalf of another
person or entity, it is ordered by the court, sua
sponte, that the name ~r-lotus: justice is stricken
from all documents filed in case No. 2016-0875.
It is further ordered that ~r-lotus: justice is
prohibited from filing any documents in this case,
or any other case, on behalf of Rachael N. Parks
or any other person or entity.
It is further ordered that the clerk’s office shall
forward copies of the documents in this case to
the Board on the Unauthorized Practice of Law for
investigation and review as it deems appropriate.
It is further ordered that appellant, Rachael N.
Parks, shall file an amended notice of appeal,
amended motion for stay, and memorandum in
support of jurisdiction, either pro se or with the
assistance of an attorney qualified pursuant to
S.Ct.Prac.R. 2.01(A)(1)(a), within 30 days of the
date of this entry or this case shall be dismissed.
DISCIPLINARY CASES
2016-0800. Disciplinary Counsel v. Coriell.
On certification of default. Jennifer Lynn Coriell,
Attorney Registration No. 0072791, is hereby
suspended from the practice of law for an interim
period.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-1231, 2015-
1232, and 2015-1233.
2 06-21-16
CASE ANNOUNCEMENTS
June 21, 2016
[Cite as 06/21/2016 Case Announcements, 2016-
Ohio-3507.]
MOTION AND PROCEDURAL RULINGS
2016-0803. Webster v. Shaw.
Wyandot App. No. 16-15-08, 2016-Ohio-1484.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of John J. Bursch, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2016-0875. State v. Parks.
Highland App. No. 16CA3. On June 10, 2016, this
case was initiated by the filing of a notice of
appeal that indicated it was filed by “~r-lotus:
justice: sui juris, Relator as Appointed Counsel of
~rachael-n: parks, et al. and ~clayton-m: bates, et
al.” S.Ct.Prac.R. 2.01(A)(1)(b) states that “[o]nly
persons who are attorneys qualified pursuant to
division (A)(1)(a) of this rule may file documents
on behalf of another person or entity.” Review of
the records of the Office of Attorney Services of
the Supreme Court reveals that there is no Ohio
registered attorney named ~r-lotus: justice, nor is
there any record of an out-of-state attorney
registered for pro hac vice status with the name
~r-lotus: justice.
Because ~r-lotus: justice is not an attorney
permitted to file documents on behalf of another
person or entity, it is ordered by the court, sua
sponte, that the name ~r-lotus: justice is stricken
from all documents filed in case No. 2016-0875.
It is further ordered that ~r-lotus: justice is
prohibited from filing any documents in this case,
or any other case, on behalf of Rachael N. Parks
or any other person or entity.
It is further ordered that the clerk’s office shall
forward copies of the documents in this case to
the Board on the Unauthorized Practice of Law for
investigation and review as it deems appropriate.
It is further ordered that appellant, Rachael N.
Parks, shall file an amended notice of appeal,
amended motion for stay, and memorandum in
support of jurisdiction, either pro se or with the
assistance of an attorney qualified pursuant to
S.Ct.Prac.R. 2.01(A)(1)(a), within 30 days of the
date of this entry or this case shall be dismissed.
DISCIPLINARY CASES
2016-0800. Disciplinary Counsel v. Coriell.
On certification of default. Jennifer Lynn Coriell,
Attorney Registration No. 0072791, is hereby
suspended from the practice of law for an interim
period.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-1231, 2015-
1232, and 2015-1233.
2 06-21-16
CASE ANNOUNCEMENTS
June 20, 2016
[Cite as 06/20/2016 Case Announcements #2,
2016-Ohio-3491.]
MERIT DECISIONS WITH OPINIONS
2014-1505. In re Application of Dayton Power &
Light Co., Slip Opinion No. 2016-Ohio-3490.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. Decision
reversed.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neil, JJ., concur.
Lanzinger, J., dissents.
CASE ANNOUNCEMENTS
June 20, 2016
[Cite as 06/20/2016 Case Announcements, 2016-
Ohio-3486.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JUNE 20, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the June 20, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-0223. Cuyahoga Cty. Bd. of Health v. Lipson
O’Shea Legal Group, 145 Ohio St.3d 446, 2016-
Ohio-556.
2014-0632. Columbus Bar Assn. v. Santos, 146
Ohio St.3d 1201, 2014-Ohio2142.
2014-0963. Rural Health Collaborative of S. Ohio,
Inc. v. Testa, 145 Ohio St.3d 430, 2016-Ohio-508.
2014-0978. Boone Coleman Constr., Inc. v.
Piketon, 145 Ohio St.3d 450, 2016Ohio-628.
2014-1126. Radatz v. Fed. Natl. Mtge. Assn., 145
Ohio St.3d 475, 2016-Ohio1137.
2014-1362. Snodgrass v. Testa, 145 Ohio St.3d
418, 2015-Ohio-5364.
2014-1413. Bigelow v. Am. Family Ins. Co., 145
Ohio St.3d 488, 2016-Ohio1135.
2014-2036. In re Messer, 145 Ohio St.3d 441,
2016-Ohio-510. 2015-0055. State v. Henton, 146
Ohio St.3d 9, 2016-Ohio-1518. 2015-0201. State
ex rel. Smith v. Hall, 145 Ohio St.3d 473, 2016-
Ohio-1052. 2015-0587. Columbus Bar Assn. v.
Reed, 145 Ohio St.3d 464, 2016-Ohio-834. 2015-
0594. Disciplinary Counsel v. Hillman, 145 Ohio
St.3d 489, 2016-Ohio
1172. 2015-1000. Disciplinary Counsel v. Salters,
146 Ohio St.3d 1, 2016-Ohio-1505. 2015-1023.
State ex rel. Boyd v. Scotts Miracle-Gro Co., 146
Ohio St.3d 3,
2016-Ohio-1508. 2015-1082. State ex rel. Capron
v. Dattilio, 146 Ohio St.3d 7, 2016-Ohio-1504.
2015-1195. State v. Henry, 146 Ohio St.3d 10,
2016-Ohio-1525. 2015-1630. Mahoning Cty. Bar
Assn. v. Hanni, 146 Ohio St.3d 492, 2016
Ohio-1174.
2015-2028. State ex rel. Walton v. Williams, 145
Ohio St.3d 469, 2016-Ohio1054. 2016-0159. In re
Resignation of Courtney, 146 Ohio St.3d 1203,
2016-Ohio
833.
2016-0349. In re Resignation of Finan, 146 Ohio
St.3d 1209, 2016-Ohio-1533.
2016-0507. In re Sciortino, 146 Ohio St.3d 1206,
2016-Ohio-1482.
2016-0600. In re Albright, 146 Ohio St.3d 1213,
2016-Ohio-2642.
15-AP-036. In re Disqualification of Park, 146
Ohio St.3d 1212, 2015-Ohio
3840.
2 06-20-16
MOTION AND PROCEDURAL RULINGS
2014-1633. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report filed
by appellants and appellee, it is ordered by the
court that the stay of the briefing schedule is
hereby extended. The parties shall notify the court
within 60 days from the date of this entry of the
status and whether the stay may be lifted.
2015-2036. Henry v. Cleveland Clinic Found.
Cuyahoga App. No. 101652, 2015-Ohio-1826.
This cause came on for further consideration
upon the filing of appellee’s motion to strike
motion for reconsideration. It is ordered by the
court that the motion is denied as moot.
3 06-20-16
CASE ANNOUNCEMENTS
June 17, 2016
[Cite as 06/17/2016 Case Announcements, 2016-
Ohio-3474.]
MERIT DECISIONS WITHOUT OPINIONS
2016-0384. State ex rel. Fort v. Mason.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of respondents’ motion to
dismiss, it is ordered by the court that the motion
to dismiss is granted. Accordingly, this cause is
dismissed.
O’Donnell, Lanzinger, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
dissent, and would grant an alternative writ.
MOTION AND PROCEDURAL RULINGS
2016-0448. State ex rel. Carlton v. Haas.
In Prohibition. This cause came on for further
consideration upon the filing of relator’s motion to
apply “one document rule” and motion to
consolidate with No. 2016-0530 and take judicial
notice. It is ordered by the court that the motions
are denied as moot.
2016-0760. CitiMortgage, Inc. v. Hasan.
Cuyahoga App. No. 103248, 2016-Ohio-1544.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for stay
of court of appeals’ judgment, it is ordered by the
court that the motion is denied.
O’Neill, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2016-0226. State v. James.
Cuyahoga App. No. 102604, 2015-Ohio-4987.
This cause came on for further consideration
upon the filing of appellant’s motion for
reconsideration. It is ordered by the court that the
motion is granted.
It further ordered by the court that the clerk’s
office shall immediately file appellant’s
memorandum in support of jurisdiction that is
attached to the motion for reconsideration.
Appellee may file a memorandum in response to
jurisdiction within 30 days of the date of this entry.
MISCELLANEOUS DISMISSALS
2016-0519. Di v. Cleveland Clinic Found.
Cuyahoga App. No. 101760, 2016-Ohio-686. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellants’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 06-17-16
CASE ANNOUNCEMENTS
June 17, 2016
[Cite as 06/17/2016 Case Announcements, 2016-
Ohio-3474.]
MERIT DECISIONS WITHOUT OPINIONS
2016-0384. State ex rel. Fort v. Mason.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of respondents’ motion to
dismiss, it is ordered by the court that the motion
to dismiss is granted. Accordingly, this cause is
dismissed.
O’Donnell, Lanzinger, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
dissent, and would grant an alternative writ.
MOTION AND PROCEDURAL RULINGS
2016-0448. State ex rel. Carlton v. Haas.
In Prohibition. This cause came on for further
consideration upon the filing of relator’s motion to
apply “one document rule” and motion to
consolidate with No. 2016-0530 and take judicial
notice. It is ordered by the court that the motions
are denied as moot.
2016-0760. CitiMortgage, Inc. v. Hasan.
Cuyahoga App. No. 103248, 2016-Ohio-1544.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion for stay
of court of appeals’ judgment, it is ordered by the
court that the motion is denied.
O’Neill, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2016-0226. State v. James.
Cuyahoga App. No. 102604, 2015-Ohio-4987.
This cause came on for further consideration
upon the filing of appellant’s motion for
reconsideration. It is ordered by the court that the
motion is granted.
It further ordered by the court that the clerk’s
office shall immediately file appellant’s
memorandum in support of jurisdiction that is
attached to the motion for reconsideration.
Appellee may file a memorandum in response to
jurisdiction within 30 days of the date of this entry.
MISCELLANEOUS DISMISSALS
2016-0519. Di v. Cleveland Clinic Found.
Cuyahoga App. No. 101760, 2016-Ohio-686. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellants’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 06-17-16
New Guidelines Seek to Improve How Courts
Process Child Abuse and Neglect Cases
By Bret Crow | June 16, 2016
The National Council of Juvenile and Family Court
Judges has released updated guidelines to help
courts improve their handling of child abuse and
neglect cases.
The “Enhanced Resource Guidelines” build on an
earlier document and combine it with previously
issued adoption and permanency guidelines to
account for the most recent changes or additions
in legal requirements.
The report provides guidance for judges on how
to:
make decisions regarding safety, permanency,
and well-being at every stage of the process.
develop effective findings based on
assessment of the facts, the individual needs of
the child and family, the law, and the best
available research and science.
hold other players in the system accountable by
asking questions that raise the practice
expectations for all those who come to court.
“The guidelines cover all stages of the court
process, from the preliminary protective hearing
until juvenile and family court involvement has
ended,” according to the report. “The guidelines
assume that the court will remain involved until
after the child has been safely returned home,
placed in a new, secure, and legally permanent
home – whether through adoption or legal custody
– or the court’s jurisdiction has otherwise ended.”
New Guidelines Seek to Improve How Courts
Process Child Abuse and Neglect Cases
By Bret Crow | June 16, 2016
The National Council of Juvenile and Family Court
Judges has released updated guidelines to help
courts improve their handling of child abuse and
neglect cases.
The “Enhanced Resource Guidelines” build on an
earlier document and combine it with previously
issued adoption and permanency guidelines to
account for the most recent changes or additions
in legal requirements.
The report provides guidance for judges on how
to:
make decisions regarding safety, permanency,
and well-being at every stage of the process.
develop effective findings based on
assessment of the facts, the individual needs of
the child and family, the law, and the best
available research and science.
hold other players in the system accountable by
asking questions that raise the practice
expectations for all those who come to court.
“The guidelines cover all stages of the court
process, from the preliminary protective hearing
until juvenile and family court involvement has
ended,” according to the report. “The guidelines
assume that the court will remain involved until
after the child has been safely returned home,
placed in a new, secure, and legally permanent
home – whether through adoption or legal custody
– or the court’s jurisdiction has otherwise ended.”
CASE ANNOUNCEMENTS
June 16, 2016
[Cite as 06/16/2016 Case Announcements, 2016-
Ohio-3447.]
MERIT DECISIONS WITH OPINIONS
2013-0118. Taylor v. First Resolution Invest.
Corp., Slip Opinion No. 2016Ohio-3444.
Summit App. No. 26042, 2012-Ohio-5653.
Judgment affirmed and cause
remanded.
Pfeifer and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
Kennedy, J., concurs in part and concurs in the
judgment in an opinion that O’Donnell, J., joins.
O’Connor, C.J., dissents in an opinion that
French, J., joins.
2014-1847. Am. Mun. Power, Inc. v. Bechtel
Power Corp., Slip Opinion No. 2016-Ohio-3431.
Certified Question of State Law, United States
District Court, Southern District of Ohio, Eastern
Division, No. 2:11-cv-131. The court declines to
answer the certified question. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and O’Neill, JJ., concur.
Kennedy and French, JJ., dissent.
2015-1218, 2015-1253, and 2015-1338. State ex
rel. Henderson v. Sweeney, Slip Opinion No.
2016-Ohio-3413.
Cuyahoga App. Nos. 102784, 2015-Ohio-2282;
102541, 2015-Ohio-2412; and 102840, 2015-
Ohio-2710. Judgments affirmed and motions
denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1268. State ex rel. Davenport v. State, Slip
Opinion No. 2016-Ohio-3414.
Franklin App. No. 14AP-1041. Judgment affirmed
and motion denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, J., concur.
2015-1310. Cook v. State, Slip Opinion No. 2016-
Ohio-3415.
Allen App. No. 1-15-21. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1364. State ex rel. Rackley v. Sloan, Slip
Opinion No. 2016-Ohio-3416.
Ashtabula App. No. 2015-A-0021, 2015-Ohio-
2984. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1381. State ex rel. Gibson v. Sloan, Slip
Opinion No. 2016-Ohio-3422.
Ashtabula App. No. 2014-A-0073, 2015-Ohio-
3088. Judgment affirmed and motion denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1578. State ex rel. Davenport v. State, Slip
Opinion No. 2016-Ohio-3430.
Franklin App. No. 14AP-1043. Judgment affirmed
and motion denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MISCELLANEOUS DISMISSALS
2015-0750. Belmont Hills Country Club v. Beck
Energy Corp.
Belmont App. No. 13 BE 18, 2015-Ohio-1322.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0566. State v. Walton.
Hamilton App. No. C150681. This cause is
pending before the court as a jurisdictional
appeal.
2 06-16-16
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
3 06-16-16
CASE ANNOUNCEMENTS
June 14, 2016
[Cite as 06/14/2016 Case Announcements, 2016-
Ohio-3402.]
MERIT DECISIONS WITH OPINIONS
2015-1315. Disciplinary Counsel v. Eichenberger,
Slip Opinion No. 2016Ohio-3332.
On Certified Report by the Board of Professional
Conduct, No. 2014-045. Raymond Leland
Eichenberger III, Attorney Registration No.
0022464, is hereby suspended from the practice
of law for two years, with the second year stayed
on condition.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., and Lanzinger, J., dissent, and
would not stay any portion of the suspension
imposed on respondent.
2015-1638. Disciplinary Counsel v. Bartels, Slip
Opinion No. 2016-Ohio-3333.
On Certified Report by the Board of Professional
Conduct, No. 2014-097. N. Shannon Bartels,
Attorney Registration No. 0064012, is hereby
suspended from the practice of law for one year,
with six months stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and O’Neill, JJ., concur.
Kennedy and French, JJ., dissent, and would
follow the recommendation of the Board of
Professional Conduct panel and impose a
suspension of one year, fully stayed.
2015-1641. Disciplinary Counsel v. Mahin, Slip
Opinion No. 2016-Ohio-3336.
On Certified Report by the Board of Professional
Conduct, No. 2015-036. John Edward Mahin,
Attorney Registration No. 0011253, is hereby
suspended from the practice of law for two years,
with the second year stayed on conditions.
Pfeifer, Lanzinger, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., and O’Donnell, J., dissent, and
would remand the cause to the Board of
Professional Conduct to reconsider the decision
to grant respondent credit for time served under
interim felony suspension.
2015-2003. Trumbull Cty. Bar Assn. v. Masek, Slip
Opinion No. 2016-Ohio3350.
On Certified Report by the Board of Professional
Conduct, No. 2015-045. Raymond John Masek,
Attorney Registration No. 0041023, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents, and would dismiss the cause.
2015-2013. Disciplinary Counsel v. Guinn, Slip
Opinion No. 2016-Ohio-3351.
On Certified Report by the Board of Professional
Conduct, No. 2015-018. Daniel Joseph Guinn,
Attorney Registration No. 0084686, is hereby
suspended from the practice of law for two years,
with the suspension stayed in its entirety on
conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2 06-14-16
CASE ANNOUNCEMENTS
6/15/2016
[Cite as 06/15/2016 Case Announcements, 2016-
Ohio-3390.]
MERIT DECISIONS WITH OPINIONS
2014-0249. Krehnbrink v. Testa, Slip Opinion No.
2016-Ohio-3391.
Board of Tax Appeals, No. 2012-2368. Decision
affirmed. O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, and O’Neill, JJ., concur. Kennedy, J.,
concurs in judgment only with an opinion. French,
J., concurs in judgment only.
2014-1691. Epic Aviation, L.L.C. v. Testa, Slip
Opinion No. 2016-Ohio-3392.
Board of Tax Appeals, No. 2012-1557. Decision
vacated and cause remanded. O’Connor, C.J.,
and Pfeifer, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur. O’Donnell, J., dissents and
would affirm the decision of the Board of Tax
Appeals.
2014-1893. Renacci v. Testa, Slip Opinion No.
2016-Ohio-3394.
Board of Tax Appeals, No. 2012-1850. Decision
reversed and cause remanded. Pfeifer, O’Donnell,
Lanzinger, Kennedy, French, and O’Neill, JJ.,
concur. O’Connor, C.J., concurs in judgment only.
2015-2007. Cleveland Metro Bar Assn. v. Azman,
Slip Opinion No. 2016Ohio-3393.
On Certified Report by the Board of Professional
Conduct, No. 2014-092. Brandon Louis Azman,
Attorney Registration No. 0087246, is hereby
suspended from the practice of law in Ohio for
one year, with six months stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1914. State ex rel. Mattice El v. State.
In Habeas Corpus. On amended petition for writ
of habeas corpus of JaSaun
Robert Lawrence Mattice El. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2025. State ex rel. Mattice El v. State. In
Habeas Corpus. On petition for writ of habeas
corpus of JaSaun Robert Lawrence Mattice El.
Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2094. Fears v. Myers.
Habeas Corpus. On petition for writ of habeas
corpus of William Fears. Sua sponte, cause
dismissed. On motion for evidentiary hearing.
Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0050. Kronenberg v. State.
In Habeas Corpus. On petition for writ of habeas
corpus of Michelle L. Kronenberg. Sua sponte,
cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0108. Fox v. Turner.
In Habeas Corpus. On petition for writ of habeas
corpus of Keith Fox. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0167. Sheppard v. Crush.
In Habeas Corpus. On petition for writ of habeas
corpus of Kenny Sheppard. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0191. State ex rel. Vincent v. Jenkins.
In Habeas Corpus. On petition for writ of habeas
corpus of Wesley C. Vincent. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0202. Covert v. Jenkins.
In Habeas Corpus. On petition for writ of habeas
corpus of Glenn Covert. Sua sponte, cause
dismissed. On motion to expedite and motion for
leave to file prior civil action affidavit pursuant to
O.R.C. 2969.25(A)(1)(4). Motions denied as moot.
On motion to file supplemental evidence. Motion
denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0420. Fisher v. Ironton.
Miscellaneous case. On motion to declare Twana
Fisher a vexatious litigator. Motion denied. On
motion to strike. Motion denied. On motion to
dismiss. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0435. State ex rel. Hargrove v. First Dist.
Court of Appeals.
In Mandamus. On motion to dismiss of First
District Court of Appeals. Motion granted. On
motion for leave to amend complaint. Motion
denied.
O'Connor, C.J., and Pfeifer, O'Donnell, Lanzinger,
Kennedy, French, and O'Neill, JJ., concur.
2016-0438. Gammon v. Barrett.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0448. State ex rel. Carlton v. Haas.
In Prohibition. On motion to dismiss. Motion
granted. Cause dismissed. On motion to take
judicial notice. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0455. State ex rel. Jones v. Husted.
In Mandamus. Cause dismissed without prejudice
as premature. Motions to dismiss and for
judgment on the pleadings denied as moot.
Motion to consolidate with No. 2016-0313 denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0480. State ex rel. McCollum v. Lake Erie
Corr. Inst.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On
motion for joinder. Motion denied. O’Connor, C.J.,
and Pfeifer, O’Donnell, and Lanzinger, JJ., concur.
Kennedy, French, and O’Neill, JJ., dissent, and
would grant the motion for
Joinder, deny the motion to dismiss, and grant an
alternative writ.
2016-0492. Washington v. State.
Miscellaneous case. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0501. State ex rel. Owens v. Sheward.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, and
O’Neill, JJ., concur. French, J., dissents.
MOTION AND PROCEDURAL RULINGS
1999-1152. State v. Group.
Mahoning C.P. No. 97CR66. On application for
reopening under S.Ct. Prac. R.
11.06. Application denied.
2015-0163. State ex rel. Cordell v. Pallet
Companies, Inc.
Franklin App. No. 13AP-1017, 2014-Ohio-5561.
On request for oral argument. Motion granted.
Pfeifer and O’Donnell, JJ., dissent.
2015-0187. Bohlen v. Anadarko E&P Onshore,
L.L.C.
Washington App. No. 14CA13, 2014-Ohio-5819.
On motion to lift stay. Motion granted. It is further
ordered that the clerk shall issue an order for the
transmittal of the record from the Court of Appeals
for Washington County and the parties shall brief
this case in accordance with the Rules of Practice
of the Supreme Court of Ohio.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2015-1853. State ex rel. Andrews v. Cicconetti.
In Procedendo. On notice of judicial notice of
intent on certified federal questions of law. Motion
denied.
2016-0494. State v. Sanders.
Hamilton App. Nos. C-140579 and C-140580,
2015-Ohio-5232. On amended motion for delayed
appeal. Motion denied.
2016-0514. State v. Artz.
Montgomery App. No. 26411, 2015-Ohio-5291.
On motion for leave to file delayed appeal. Motion
denied.
2016-0530. State v. Carlton.
Stark App. No. 2016CA00036. On emergency
motion to stay court of appeal’s judgment. Motion
denied.
2016-0542. State v. Williams.
Hamilton App. No. C-150320, 2016-Ohio-376. On
motion for leave to file delayed appeal. Motion
denied.
2016-0547. State v. Hofacker.
Darke App. No. 2015-CA-5, 2016-Ohio-519. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0550. State v. Hendricks.
Cuyahoga App. No. 102365, 2015-Ohio-3035. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0563. State v. Thomas.
Summit App. No. 27580, 2015-Ohio-5247. On
motion for leave to file delayed appeal. Motion
denied.
2016-0565. State v. Carroll.
Ross App. No. 15CA3485, 2016-Ohio-374. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer and O’Neill, JJ., dissent.
2016-0594. State v. Burroughs.
Lorain App. No. 14CA010595, 2016-Ohio-1139.
On emergency motion to stay court of appeals’
decision. Motion denied.
2016-0596. State v. Winchester.
Summit App. No. 26652, 2013-Ohio-4683. On
motion for leave to file delayed appeal. Motion
denied.
2016-0601. State v. Turner.
Cuyahoga App. No. 102741, 2015-Ohio-4388. On
motion for leave to file delayed appeal. Motion
denied.
2016-0607. State v. Wilson.
Holmes App. No. 15CA015, 2015-Ohio-5588. On
motion for leave to file delayed appeal. Motion
denied.
2016-0608. State v. Richard.
Hamilton App. No. C-150325. On motion for leave
to file delayed appeal. Motion granted.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2016-0647. State v. Boddie.
Franklin App. No. 10AP-687, 2011-Ohio-3309. On
motion for leave to file delayed appeal. Motion
denied.
French, J., not participating.
2016-0761. State v. Wieland.
Clermont App. Nos. CA2015-04-036 and CA2015-
08-067, 2016-Ohio-261. On review of order
certifying a conflict. It is determined that no
conflict exists within the meaning of
Sup.Ct.Prac.R. 8.02. Cause dismissed.
O’Neill, J., dissents.
APPEALS ACCEPTED FOR REVIEW
2016-0428. State v. Sanchez.
Sandusky App. No. S-14-030, 2016-Ohio-542.
Appeal accepted and cause held for decision in
2015-0384, State v. Gonzales, and briefing
schedule stayed. Pfeifer, J., dissents.
2016-0440. State v. Mutter.
Scioto App. No. 15CA3691, 2016-Ohio-512.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent.
2016-0441. State v. Mutter.
Scioto App. No. 15CA3690, 2016-Ohio-512.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0301. State v. Myers.
Wood App. No. WD-15-017, 2016-Ohio-223.
O’Donnell, J., dissents.
2016-0327. State v. Torres.
Putnam App. No. 12-15-07.
2016-0338. State v. Hawthorne.
Cuyahoga App. No. 102689, 2016-Ohio-203.
2016-0343. Arnold v. Kroger Co.
Hamilton App. No. C-150291, 2016-Ohio-190.
2016-0347. State v. Lindsey.
Franklin App. No. 14AP-751.
2016-0352. U.S. Bank, N.A. v. Marks.
Summit App. No. 28035.
2016-0354. State v. Arafat.
Cuyahoga App. No. 102662, 2016-Ohio-385.
2016-0356. State v. Winters.
Muskingum App. No. CT2015-0029, 2016-Ohio-
622.
2016-0357. State v. Wieland.
Clermont App. Nos. CA2015-04-036 and CA2015-
08-067, 2016-Ohio-261. Lanzinger and O’Neill,
JJ., dissent.
2016-0360. Hardcastle v. McLendon.
Muskingum App. No. CT2015-0034, 2016-Ohio-
349. O’Neill, J., dissents.
2016-0361. State v. Lusane.
Portage App. No. 2014-P-0057.
French, J., dissents, and would accept the appeal
and affirm the judgment of the court of appeals on
the authority of State v. Klembus, __ Ohio St.3d
__, 2016Ohio-1092, __ N.E.3d __.
2016-0366. State v. Harper.
Guernsey App. No. 15 CA 19, 2016-Ohio-471.
2016-0367. State v. Helm.
Hamilton App. No. C-150242, 2016-Ohio-500.
2016-0368. State v. Kline.
Champaign App. No. 15-CA-41.
2016-0372. State v. Hart.
Montgomery App. No. 26517, 2016-Ohio-317.
2016-0375. State v. Willis.
Lucas App. No. L-15-1098 and L-15-1101, 2016-
Ohio-335.
French, J., dissents.
Lanzinger, J., not participating.
2016-0376. State v. Brown.
Hamilton App. No. C-150512.
2016-0377. State v. Hucks.
Ross App. No. 15CA3488, 2016-Ohio-323.
2016-0378. Whitehair v. Stiers.
Guernsey App. No. 15-CA-18, 2016-Ohio-348.
2016-0380. Wells Fargo Bank, N.A. v. Hazel.
Franklin App. No. 15AP-93, 2016-Ohio-305.
2016-0381. State v. Pishok.
Seneca App. No. 13-03-43.
2016-0382. State v. Cope.
Butler App. No. CA2016-01-006.
2016-0388. State v. Redman.
Allen App. No. 1-15-54, 2016-Ohio-860.
2016-0389. State v. Nolde.
Defiance App. No. 4-15-23, 2016-Ohio-636.
2016-0390. Jee v. Absolute Fire Protection, Inc.
Hamilton App. No. C-150374, 2016-Ohio-365.
2016-0393. State v. Ballard.
Hamilton App. No. C-140690, 2016-Ohio-364.
2016-0396. State v. Ballard.
Hamilton App. No. C-140755, 2016-Ohio-364.
2016-0401. State v. Legg.
Pickaway App. No. 14CA23, 2016-Ohio-801.
French, J., dissents and would accept the cause
on Proposition of Law Nos. II, III, and IV.
O’Neill, J., dissents and would accept the appeal
and hold the cause for decision in 2015-0677,
State v. Aalim.
2016-0404. Repacorp, Inc. v. Sloan.
Miami App. No. 2015-CA-18, 2016-Ohio-608.
2016-0406. Popp v. Patel.
Belmont App. No. 15 BE 14, 2016-Ohio-559.
2016-0408. State v. Campbell.
Adams App. No. 15CA1012, 2016-Ohio-415.
2016-0411. Gregory v. Martin.
Jefferson App. No. 15 JE 17, 2016-Ohio-650.
2016-0413. State v. Minor.
Richland App. No. 15CA81, 2016-Ohio-914.
2016-0415. State v. Ziska.
Cuyahoga App. No. 102798, 2016-Ohio-390.
2016-0416. State v. Ranes.
Putnam App. No. 12-15-03, 2016-Ohio-448.
2016-0421. Price v. Combs.
Darke App. No. 2015-CA-17, 2016-Ohio-429.
2016-0422. State v. Koon.
Hocking App. No. 15CA17, 2016-Ohio-416.
2016-0424. State v. Durham.
Cuyahoga App. No. 103884.
2016-0425. State v. Davis.
Cuyahoga App. No. 103936.
2016-0426. State v. Hostacky.
Cuyahoga App. No. 103014, 2016-Ohio-397.
2016-0429. State v. Stevens.
Allen App. No. 1-14-58, 2016-Ohio-446.
2016-0430. State v. Walker.
Cuyahoga App. No. 102960, 2016-Ohio-395.
2016-0432. In re T.B.
Tuscarawas App. No. 2015AP050022, 2016-Ohio-
575.
Pfeifer and O’Neill, JJ., dissent.
French, J., dissents and would accept the cause
on Proposition of Law No.
III.
2016-0434. Dillard v. Automation Tool & Die, Inc.
Medina App. No. 15CA0055-M. Pfeifer and
French, JJ., dissent.
2016-0439. In re I.T.
Summit App. Nos. 27513, 27560, and 27581,
2016-Ohio-555.
2016-0442. Simmons v. Quarry Golf Club, L.L.C.
Stark App. Nos. 2015CA00143 and
2015CA00148, 2016-Ohio-525.
2016-0444. McQueen v. Fisher.
Franklin App. No. 15AP-1011.
2016-0446. Custer v. Custer.
Harrison App. No. 15 HA 5, 2016-Ohio-561.
Pfeifer and O’Neill, JJ., dissent.
2016-0450. Crawford v. Foster.
Washington App. No. 15CA15, 2016-Ohio-625.
2016-0456. State v. Singleton.
Montgomery App. No. 26763, 2016-Ohio-611.
2016-0462. State v. McClain.
Cuyahoga App. No. 103089, 2016-Ohio-705.
2016-0463. State v. Taylor.
Franklin App. No. 14AP-254, 2015-Ohio-2490.
2016-0465. State v. Dew.
Mahoning App. No. 13 MA 174, 2016-Ohio-882.
2016-0470. State v. Nunez.
Cuyahoga App. No. 102946, 2016-Ohio-812.
2016-0475. In re V.A.
Summit App. No. 28029. O’Donnell, J., dissents.
2016-0496. State v. Green.
Cuyahoga App. No. 102837, 2016-Ohio-926.
Discretionary appeal not accepted. On motion for
stay. Motion denied.
2016-0500. State v. Howard.
Montgomery App. No. 26360, 2015-Ohio-3917.
2016-0513. State v. Pridgett.
Cuyahoga App. No. 101823, 2016-Ohio-687.
O’Donnell, J., dissents and would accept the
cause on Proposition of Law No. I.
2016-0516. State v. Jones.
Cuyahoga App. No. 102747, 2016-Ohio-695.
2016-0521. State v. Palmer.
Lucas App. No. L-14-1278, 2015-Ohio-5625.
2016-0527. State v. Edmond.
Franklin App. No. 15AP-574, 2016-Ohio-1034.
2016-0531. State v. Jones.
Cuyahoga App. No. 102260, 2016-Ohio-688.
2016-0545. State v. Massalay.
Franklin App. No. 15AP-544, 2016-Ohio-779.
2016-0546. State v. Robinson.
Lawrence App. No. 14CA24, 2016-Ohio-905.
2016-0556. Green v. Columbus.
Franklin App. No. 15AP-602, 2016-Ohio-826.
Pfeifer, J., dissents.
2016-0559. State v. Adams.
Mahoning App. No. 14 MA 0077, 2016-Ohio-891.
2016-0562. State v. Hernandez.
Wood App. No. WD-15-050.
2016-0567. State v. Reed.
Franklin App. No. 15AP-111, 2016-Ohio-1234.
2016-0572. State v. Williams.
Lucas App. No. L-12-1238, 2015-Ohio-405.
2016-0573. State v. Ali.
Summit App. No. 28000, 2016-Ohio-1348.
O’Connor, C.J., not participating.
2016-0578. State v. Green.
Stark App. No. 2016CA00032.
2016-0639. State v. Williams.
Delaware App. No. 14 CAA 10 0064, 2015-Ohio-
3245.
RECONSIDERATION OF PRIOR DECISIONS
2014-1557. State v. Klembus.
Cuyahoga App. No. 100068, 2014-Ohio-3227.
Reported at __ Ohio St.3d __, 2016-Ohio-1092,
__ N.E.3d __. On motion for reconsideration.
Motion denied.
2015-0367. Leyman v. Bradshaw.
Richland App. No. 14 CA 93, 2015-Ohio-751.
Reported at __ Ohio St.3d __, 2016-Ohio-1093,
__ N.E.3d __. On motion for reconsideration.
Motion denied. On motion to supplement record.
Motion denied as moot. On motion to seal trial
transcripts. Motion granted.
2015-1960. Meyers v. McClelland.
In Habeas Corpus. Reported at 145 Ohio St.3d
1406, 2016-Ohio-899, 46 N.E.3d
701. On motion for reconsideration. Motion
denied. On motion to show cause hearing and
demand for order for habeas relief. Motion denied.
2015-2036. Henry v. Cleveland Clinic Found.
Cuyahoga App. No. 101652, 2015-Ohio-1826.
Reported at 145 Ohio St.3d 1423, 2016-Ohio-
1173, 47 N.E.3d 167. On motion for
reconsideration. Motion denied.
O’Donnell and Kennedy, JJ., dissent.
2015-2087. State v. Andrews.
Lake App. No. 2015-L-042, 2015-Ohio-4638.
Reported at 145 Ohio St.3d 1443, 2016-Ohio-
1596, 48 N.E.3d 583. On motion for
reconsideration. Motion denied. On notice of
judicial notice of intent on certified federal
questions of law. Motion denied.
2016-0127. State v. Jackson.
Summit App. No. 27132, 2015-Ohio-5246.
Reported at 145 Ohio St.3d 1443,
2016-Ohio-1596, 48 N.E.3d 582. On motion for
reconsideration. Motion denied.
O’Connor, C.J., and O’Neill, J., dissent.
O’Donnell, J., dissents and would accept the case
and hold the cause for decision in 2015-1782,
State v. Shalash.
Board of Professional Conduct Releases Two
Advisory Opinions
By Board of Professional Conduct | June 13, 2016
The Board of Professional Conduct approved the
issuance of two advisory opinions at its June 3,
2016 meeting. One opinion addresses
considerations that a lawyer must weigh before
participating in an online lawyer referral service.
The second opinion provides guidance to law
student interns and their employers in evaluating
and addressing potential conflicts of interest.
Advisory Opinion 2016-3 provides guidance for
Ohio lawyers to evaluate and ethically participate
in online lawyer referral service. The Board
advises that a lawyer should ensure that a referral
service in which the lawyer participates meets all
of the elements of a service under Supreme Court
of Ohio rules and complies with the Rules of
Professional Conduct.
A crucial issue that often arises with referral
services is the fee arrangement between the
lawyer and the service. The Board advises that a
fee arrangement that is tied specifically to
individual client representations that a lawyer
completes or to the percentage of a fee is not
permissible, unless the referral service is
registered with the Supreme Court. Additionally, a
lawyer’s participation in an online, nonlawyer-
owned referral service, where the lawyer is
required to pay a “marketing fee” to a nonlawyer
for each legal service completed for a client, is
unethical.
A lawyer participating in a referral service should
ensure that the service does not interfere with the
lawyer’s independent professional judgment. The
lawyer also is responsible for the conduct of
nonlawyers working for the service and for the
content of advertising and marketing provided by
the service on the lawyer’s behalf.
Advisory Opinion 2016-4 addresses conflicts that
may arise when a legal intern, certified under
Supreme Court rules, is simultaneously employed
as a law firm clerk.
A law student attending an accredited ABA school
may receive a legal intern certificate from the
Supreme Court. The certificate allows a law
student in engage in the limited practice of law,
under the supervision of an admitted lawyer, with
an organization servicing low-income individuals
or for municipalities and the State of Ohio.
The Board’s opinion addresses conflicts that may
arise when a law student/legal intern seeks
additional experience as a law firm clerk. Because
a legal intern is engaged in the limited practice of
law and therefore subject to the Rules of
Professional Conduct, the Board advises that a
legal intern, also employed as a law firm clerk,
must carefully consider conflicts that arise from
the intern’s limited legal practice. The Board finds
that conflicts created by the intern’s current or
former clients may be imputed to the lawyers of
the law firm under the Rules of Professional
Conduct. In some instances, a conflict due to the
legal intern’s former representation of a client may
be resolved through proper screening or client
waiver.
Because law clerks cannot engage in the practice
of law, the Board advises that conflicts arising
from a law clerk’s employment in a law firm are
not imputed to other legal interns or supervising
lawyers in a legal clinic or other setting. Lastly,
relying on a rule exception for former law
students, the Board concludes that conflicts
arising from a lawyer’s prior role as a legal intern
are not imputed to the lawyers of a law firm, but
that proper screening methods should be
employed.
Advisory Opinions of the Board of Professional
Conduct are nonbinding opinions in response to
prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the
Government of the Bar of Ohio, the Supreme
Court Rules for the Government of the Judiciary,
the Ohio Rules of Professional Conduct, the Ohio
Code of Judicial Conduct, and the Attorney’s Oath
of Office
CASE ANNOUNCEMENTS
June 13, 2016
[Cite as 06/13/2016 Case Announcements, 2016-
Ohio-3365.]
MISCELLANEOUS DISMISSALS
2015-0751. Bentley v. Beck Energy Corp.
Belmont App. Nos. 13 BE 33 and 13 BE 34, 2015-
Ohio-1375. This cause is pending before the court
as a jurisdictional appeal.
Upon consideration of appellants’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
June 10, 2016
[Cite as 06/10/2016 Case Announcements, 2016-
Ohio-3337.]
MOTION AND PROCEDURAL RULINGS
2015-1317. Ohio State Bar Assn. v. Owen.
This matter came on for further consideration
upon the filing by respondent of a motion to
reduce court costs.
Upon consideration thereof, it is ordered by the
court that the motion is denied.
2016-0609. State v. Starr.
Richland App. No. 15-CA-36, 2016-Ohio-1004.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s “motion to
withdraw notice of appeal and memorandum in
support of jurisdiction filed pro se after counsel of
record filed on appellant Mark M. Starr’s behalf,” it
is ordered by the court that the motion is granted.
DISCIPLINARY CASES
2015-1547. Disciplinary Counsel v. Thomas.
On certification of default. Mark Alan Thomas,
Attorney Registration No. 0037922, is hereby
indefinitely suspended from the practice of law in
Ohio.
2016-0719. In re Resignation of Albright.
On application for resignation of Joshua Scott
Albright, Attorney Registration No. 0087867, and
on report filed under seal by disciplinary counsel.
Resignation accepted with disciplinary action
pending.
MISCELLANEOUS DISMISSALS
2016-0493. State ex rel. Wilson v. Lake Erie Corr.
Inst.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 06-10-16
CASE ANNOUNCEMENTS
June 9, 2016
[Cite as 06/09/2016 Case Announcements, 2016-
Ohio-3317.]
MERIT DECISIONS WITH OPINIONS
2014-2190. In re A.G., Slip Opinion No. 2016-
Ohio-3306.
Cuyahoga App. No. 101010, 2014-Ohio-4927.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, J., dissents with an opinion that
Kennedy and French, JJ., join.
2015-0543. In re Application of Tynes, Slip
Opinion No. 2016-Ohio-3307.
On Report by the Board of Commissioners on
Character and Fitness, No. 576. John David
Tynes’s application for admission to the practice
of law in Ohio is disapproved, but he may apply to
take the July 2018 bar examination.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents and would not permit the
applicant to reapply for admission to the practice
of law in Ohio.
2015-0800. State ex rel. Scott v. Streetsboro, Slip
Opinion No. 2016-Ohio3308.
Portage App. No. 2012-P-0105. Judgment
affirmed in part and reversed in part.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1177. State ex rel. Ralios v. Iannotta, Slip
Opinion No. 2016-Ohio-3309.
Franklin App. No. 14AP-933. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1210. Kneuss v. Sloan, Slip Opinion No.
2016-Ohio-3310.
Ashtabula App. No. 2015-A-0004, 2015-Ohio-
2201. Judgment affirmed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2 06-09-16
12 Cases Certified to Attorney Discipline Board
Staff Report | June 8, 2016
The Board of Professional Conduct today
announced 12 cases recently certified to the
board by a probable cause panel.
In each case, a certified complaint has been sent
to the respondent, and the respondent has been
asked to file an answer to the allegations
contained in the complaint. Once an answer is
received, the case will be assigned to a three-
member hearing panel of the board, and the
hearing panel will conduct further proceedings in
the case.
Typically, a public hearing is scheduled within four
to six months after the case is assigned to a
hearing panel.
Please consult the Upcoming Hearings schedule
for a monthly schedule of board hearings. Contact
the board’s office at 614.387.9370 to confirm that
a hearing will be held as scheduled or for more
information about a case. Case documents can
be obtained via e-mail upon request.
If the board finds that a lawyer or judge has
engaged in professional misconduct, the board
will file a report with the Supreme Court that
includes a recommended sanction. The Supreme
Court is responsible for reviewing the case record
and imposing discipline.
To access the complaints in these cases, click on
the individual case numbers below.
Columbus Bar Association, Relator v. David
Gregory Simonette, Respondent
Case No. 2016-009
Respondent’s address: 392 Monterey Drive,
Dublin
Respondent’s counsel: None
Lorain County Bar Association, Relator v. Kenneth
Allen Nelson II, Respondent
Case No. 2016-010
Respondent’s address: 175 Inwood Blvd., Avon
Lake
Respondent’s counsel: Daniel G. Wightman
Disciplinary Counsel, Relator v. Shawn Andrea
Little, Respondent
Case No. 2016-011
Respondent’s address: 118 Graceland Blvd.,
Suite 125, Columbus
Respondent’s counsel: William C. Mann
Cleveland Metropolitan Bar Association, Relator v.
Joseph English Feighan III, Respondent
Case No. 2016-012
Respondent’s address: 14516 Detroit Ave.,
Lakewood
Respondent’s counsel: None
Stark County Bar Association, Relator v. Glen F.
Buttacavoli, Respondent
Case No. 2016-013
Respondent’s address: 30 First St. S.E., Massillon
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Jeremiah Justin
Denslow, Respondent
Case No. 2016-014
Respondent’s address: 179 S. Main St., P.O. Box
493, Waynesville
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Andrew Osyp
Martyniuk, Respondent
Case No. 2016-015
Respondent’s address: 1235 Fairview Drive, Kent
Respondent’s counsel: Peter T. Cahoon
Disciplinary Counsel, Relator v. Michelle Lynn
DeMasi, Respondent
Case No. 2016-016
Respondent’s address: 233 Fields Park Road,
Morgantown, W.Va.
Respondent’s counsel: None
Columbus Bar Association, Relator v. Earl Darren
McNeal, Respondent
Case No. 2016-017
Respondent’s address: 100 E. Main St.,
Columbus
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Susan Joan
Phillips, Respondent
Case No. 2016-018
Respondent’s address: 162 Rosa St., 102 S.
Washington St., Tiffin
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Timothy Eric
Bellew, Respondent
Case No. 2016-019
Respondent’s address: 225 Shaffer Drive N.E.,
Warren
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Andrew Robert
Schuman, Respondent
Case No. 2016-021
Respondent’s address: 610 Fifth St., Bowling
Green
Respondent’s counsel: Jeffrey P. Nunnari
CASE ANNOUNCEMENTS
June 8, 2016
[Cite as 06/08/2016 Case Announcements, 2016-
Ohio-3304.]
MERIT DECISIONS WITH OPINIONS
2014-1896. Columbus Bar Assn. v. McCord, Slip
Opinion No. 2016-Ohio3298.
On Certified Report by the Board of Professional
Conduct, No. 2014-062. Lumumba Touré McCord,
Attorney Registration No. 0066968, is hereby
suspended from the practice of law for one year,
all stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1628. Dayton Bar Assn. v. Scaccia, Slip
Opinion No. 2016-Ohio-3299.
On Certified Report by the Board of Professional
Conduct, No. 2015-006. John Joseph Scaccia,
Attorney Registration No. 022217, is hereby
suspended from the practice of law for 18 months,
with the final six months stayed on conditions.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent, and would not stay any portion of the
suspension imposed on respondent and would
order it to be served consecutively to respondent’s
suspensions in other cases.
CASE ANNOUNCEMENTS
June 8, 2016
[Cite as 06/08/2016 Case Announcements #2,
2016-Ohio-3305.]
MOTION AND PROCEDURAL RULINGS
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
On April 6, 2016, this court granted a motion to
appoint a master commissioner for the purpose of
overseeing discovery and conducting an
evidentiary hearing, if necessary. Pursuant to that
order, it is ordered by the court that Patrick Martin
McGrath, a retired judge of the Tenth District
Court of Appeals, is appointed as the special
master for this case as of June 6, 2016. The
appointment is for the limited purpose of
overseeing discovery, receiving evidence and
making all necessary determinations and rulings
with regard thereto, and conducting an evidentiary
hearing, if necessary.
All filings in this case, as ordered by the special
master, shall continue to be filed in accordance
with the Rules of Practice of the Supreme Court of
Ohio and shall be filed with the clerk of the
Supreme Court of Ohio.
CASE ANNOUNCEMENTS
June 7, 2016
[Cite as 06/07/2016 Case Announcements, 2016-
Ohio-3289.]
MISCELLANEOUS DISMISSALS
2015-2102. LeMasters v. Celina Mun. Court.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2016-0683. Lavi Holdings, L.L.C. v. Cuyahoga
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-904 through
2015-907.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2016-0495. Buckeye Terminals, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4958.
2016-0505. State ex rel. Natl. Lime & Stone Co. v.
Marion Cty. Bd. of Commrs.
Marion App. No. 9-15-24, 2016-Ohio-859.
2 06-07-16
CASE ANNOUNCEMENTS
June 6, 2016
[Cite as 06/06/2016 Case Announcements, 2016-
Ohio-3281.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JUNE 6, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the June 6, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-1746. Felix v. Ganley Chevrolet, Inc., 145
Ohio St.3d 329, 2015-Ohio3430.
2013-1807. In re Complaint of Toliver v. Vectren
Energy Delivery of Ohio, Inc., 145 Ohio St.3d 346,
2015-Ohio-5055.
2014-0735. C.K. v. State, 145 Ohio St.3d 322,
2015-Ohio-3421.
2014-0843. Lowe’s Home Ctrs., Inc. v.
Washington Cty. Bd. of Revision, 145 Ohio St.3d
375, 2016-Ohio-372.
2014-1744. Disciplinary Counsel v. Lee, 145 Ohio
St.3d 362, 2016-Ohio-85.
2014-1801. Salemi v. Cleveland Metroparks, 145
Ohio St.3d 408, 2016-Ohio1192.
2014-1984 and 2014-2064. State v. Barry, 145
Ohio St.3d 354, 2015-Ohio5449.
2014-2026. State ex rel. Davis v. Metzger, 145
Ohio St.3d 405, 2016-Ohio1026.
2014-2250. Mahoning Cty. Bar Assn. v. DiMartino,
145 Ohio St.3d 391, 2016Ohio-536.
2015-0457. State ex rel. Stewart v. Russo, 145
Ohio St.3d 382, 2016-Ohio-421.
2015-0538. In re Application of Jia, 145 Ohio
St.3d 387, 2016-Ohio-468.
2015-0598. Disciplinary Counsel v. Broyles, 145
Ohio St.3d 344, 2015-Ohio4442.
2015-1005. Cleveland Metro. Bar Assn. v. Pryatel,
145 Ohio St.3d 398, 2016Ohio-865.
2015-1314. Disciplinary Counsel v. Camboni, 145
Ohio St.3d 395, 2016-Ohio
653.
2016-0090. State ex rel. Hunter v. Dinkelacker,
145 Ohio St.3d 373, 2016Ohio-210.
15-AP-057. In re Disqualification of Fuhry, 145
Ohio St.3d 1253, 2015-Ohio5684.
MOTION AND PROCEDURAL RULINGS
2016-0605. State ex rel. Royster v. Ohio Adult
Parole Auth.
Franklin App. No. 15AP-863, 2016-Ohio-953. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is denied.
DISCIPLINARY CASES
2015-0286. Cincinnati Bar Assn. v. Ball.
It is ordered by this court, sua sponte, that
Stephen John Ball, Attorney Registration No.
0087242, last known business address in
Cincinnati, Ohio, is
2 06-06-16
found in contempt for failure to comply with this
court’s order of March 3, 2016, to wit: failure to
surrender his attorney-registration card and failure
to file an affidavit of compliance on or before April
4, 2016.
2015-0293. Disciplinary Counsel v. Williams.
It is ordered by this court, sua sponte, that
Orlando Joseph Williams, Attorney Registration
No. 0033558, last known business address in
Cincinnati, Ohio, is found in contempt for failure to
comply with this court’s order of March 8, 2016, to
wit: failure to surrender his attorney-registration
card and failure to file an affidavit of compliance
on or before April 7, 2016.
2015-0587. Columbus Bar Assn. v. Reed.
It is ordered by this court, sua sponte, that Joseph
Dues Reed, Attorney Registration No. 0025938,
last known business address in Columbus, Ohio,
is found in contempt for failure to comply with this
court’s order of March 8, 2016, to wit: failure to
surrender his attorney-registration card and failure
to file an affidavit of compliance on or before April
7, 2016.
2015-1005. Cleveland Metro. Bar Assn. v. Pryatel.
It is ordered by this court, sua sponte, that Mark
Robert Pryatel, Attorney Registration No.
0019678, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of March 9, 2016, to
wit: failure to surrender his certificate of admission
on or before April 8, 2016.
2015-1632. Erie-Huron Cty. Bar Assn. v. Smith.
It is ordered by this court, sua sponte, that
Charles Ross Smith III, Attorney Registration No.
0020187, last known business address in Ann
Arbor, Michigan, is found in contempt for failure to
comply with this court’s order of March 10, 2016,
to wit: failure to file an affidavit of compliance on
or before April 11, 2016.
2016-0159. In re Resignation of Courtney.
It is ordered by this court, sua sponte, that Darren
Lee Courtney, Attorney Registration No. 0064364,
last known business address in Mason, Ohio, is
found in contempt for failure to comply with this
court’s order of March 7, 2016, to wit: failure to
surrender his certificate of admission and failure
to file an affidavit of compliance on or before April
6, 2016.
2016-0199. Dayton Bar Assn. v. Hooks.
It is ordered by this court, sua sponte, that Shawn
Patrick Hooks, Attorney Registration No.
0079100, last known business address in Dayton,
Ohio, is found
3 06-06-16
in contempt for failure to comply with this court’s
order of March 11, 2016, to wit: failure to file an
affidavit of compliance on or before April 11, 2016.
2016-0206. Disciplinary Counsel v. Rutherford.
It is ordered by this court, sua sponte, that Guy
Darius Rutherford, Attorney Registration No.
0066032, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of March 11, 2016,
to wit: failure to file an affidavit of compliance on
or before April 11, 2016.
2016-0208. Disciplinary Counsel v. Thomas.
It is ordered by this court, sua sponte, that Mark
Alan Thomas, Attorney Registration No. 0037922,
last known business address in St. Clairsville,
Ohio, is found in contempt for failure to comply
with this court’s order of March 29, 2016, to wit:
failure to file an affidavit of compliance on or
before April 28, 2016.
2016-0214. Disciplinary Counsel v. Whitt.
It is ordered by this court, sua sponte, that Angela
Marie Whitt, Attorney Registration No. 0081658,
last known business address in Grove City, Ohio,
is found in contempt for failure to comply with this
court’s order of March 14, 2016, to wit: failure to
file an affidavit of compliance on or before April
13, 2016.
4 06-06-16
CASE ANNOUNCEMENTS
June 3, 2016
[Cite as 06/03/2016 Case Announcements, 2016-
Ohio-3268.]
MOTION AND PROCEDURAL RULINGS
2015-2109. Lowe’s Home Ctrs., Inc. v.
Washington Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4606. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ motion to
supplement the record, it is ordered by the court
that the motion is denied.
MISCELLANEOUS DISMISSALS
2016-0472. State ex rel. Harrison v. McGinty.
Cuyahoga App. No. 103865, 2016-Ohio-946. This
cause is pending before the court as an appeal
from the Court of Appeals for Cuyahoga County.
The records of this court indicate that appellant
has not filed a merit brief, due May 31, 2016, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
CASE ANNOUNCEMENTS
June 2, 2016
[Cite as 06/02/2016 Case Announcements #3,
2016-Ohio-3257.]
MOTION AND PROCEDURAL RULINGS
2014-1505. In re Application of Dayton Power &
Light Co. to Establish a Std. Serv. Offer in the
Form of an Elec. Sec. Plan.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428ELAAM, 12-429-EL-
WVR, and 12-672-EL-RDR. This cause is pending
before the court as an appeal from the Public
Utilities Commission of Ohio.
Upon consideration of appellants/cross-appellees’
motion to vacate the orders of the Public Utilities
Commission of Ohio authorizing the service
stability rider and to remand the case to the
commission for orders consistent with the court’s
vacatur, it is ordered by the court that the motion
is denied.
Upon consideration of the motion of the Public
Utilities Commission of Ohio and the Dayton
Power and Light Company for leave to file a
supplemental brief regarding recent Supreme
Court decision, it is ordered by the court that the
motion is granted. The parties shall
simultaneously file supplemental briefs by June 7,
2016, and no reply briefs are permitted.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., and Lanzinger, J., concur in the
denial of the motion to vacate, and dissent from
the court’s ruling on the motion for leave to file a
supplemental brief
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
lg of the Ohio Constitution.
Upon consideration of relators’ motion to stay
supplemental petition period for the Ohio Drug
Price Relief Act, motion for order appointing
commission for issuance of subpoenas for out-of-
state discovery, and motion to amend briefing
schedule, it is ordered by the court that the
motions are denied.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents and would grant all of
relators’ motions.
2 00-00-00
CASE ANNOUNCEMENTS
June 2, 2016
[Cite as 06/02/2016 Case Announcements #2,
2016-Ohio-3256.]
MOTION AND PROCEDURAL RULINGS
2015-0060. Lorain Cty. Bar Assn. v. Provenza.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct. On May 26, 2016, the parties filed a joint
motion to stay Gov.Bar R. V(17)(D) proceedings
and remand this matter to the board.
Upon consideration thereof, it is ordered by the
court that the joint motion is granted. This matter
is remanded to the board for further proceedings.
Proceedings before this court in this case are
stayed until further order of this court.
DISCIPLINARY CASES
2016-0808. Lorain Cty. Bar Assn. v. Provenza.
On motion for immediate interim remedial
suspension. Mark R. Provenza, Attorney
Registration No. 0022490, is suspended from the
practice of law for an interim period.
CASE ANNOUNCEMENTS
June 1, 2016
[Cite as 06/01/2016 Case Announcements, 2016-
Ohio-3255.]
MOTION AND PROCEDURAL RULINGS
2016-0723. State ex rel. Allen Cty. Children Servs.
Bd. v. Mercer Cty. Common Pleas Ct., Probate
Div.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration thereof, it is ordered by the
court that a peremptory writ of prohibition is
granted. Respondents are hereby prohibited from
exercising jurisdiction in the case captioned In the
Matter of the Placement and Adoption of
M.A.S.A., Mercer County Common Pleas Court,
Probate Division, Case No. 2016 5005, consistent
with the opinion to follow. Costs assessed to
respondents.
It is further ordered by the court that respondents’
motions to seal exhibits and motion to seal
answer and motion to dismiss are granted, and
respondents’ motion to dismiss is denied.
O’Connor, C.J., and Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer and O’Donnell, JJ., dissent and would
grant the motion to dismiss.
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relators’ motion to seal the
record, it is ordered by the court that the motion is
granted.
Upon consideration of respondent’s motion to
dismiss, it is ordered by the court that the motion
to dismiss is granted. Accordingly, this cause is
dismissed.
O’Connor, C.J., and Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer and O’Donnell, JJ., dissent and would
deny the motion to dismiss and grant a
peremptory writ.
CASE ANNOUNCEMENTS
June 2, 2016
[Cite as 06/2/2016 Case Announcements, 2016-
Ohio-3253.]
MOTION AND PROCEDURAL RULINGS
2016-0816. In re S.D.
Lorain App. Nos. 15CA010864 and 15CA010867.
This cause is pending before the court as a
jurisdictional appeal. Upon review of the appeal, it
appears that the case involves termination of
parental rights.
Accordingly, it is ordered by the court, sua sponte,
that this case shall proceed according to the
Rules of Practice of the Supreme Court of Ohio
that pertain to cases involving termination of
parental rights. Appellee’s memorandum in
response shall be filed no later than 20 days from
the date of this entry.
MISCELLANEOUS DISMISSALS
2016-0410. State ex rel. Office of the Ohio Pub.
Defender v. Harrison Police Dept.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
May 31, 2016
[Cite as 05/31/2016 Case Announcements, 2016-
Ohio-3194.]
MISCELLANEOUS DISMISSALS
2016-0299. State ex rel. Chandra Law Firm,
L.L.C. v. Seven Hills Police Dept.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0746. State ex rel. Stanley v. Andrews.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
May 31, 2016
[Cite as 05/31/2016 Case Announcements, 2016-
Ohio-3194.]
MISCELLANEOUS DISMISSALS
2016-0299. State ex rel. Chandra Law Firm,
L.L.C. v. Seven Hills Police Dept.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0746. State ex rel. Stanley v. Andrews.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
May 27, 2016
[Cite as 05/27/2016 Case Announcements, 2016-
Ohio-3192.]
MOTION AND PROCEDURAL RULINGS
2015-2006. Joseph Giordano Sr. Revocable Trust
v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4636, 2014-
4637, and 2014-4788. This cause is pending
before the court as an appeal from the Board of
Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2016-0784. Boddie v. Landers.
Franklin App. No. 15AP-962. This cause is
pending before the court as a jurisdictional
appeal.
Review of appellant’s memorandum in support of
jurisdiction reveals that it fails to comply with
S.Ct.Prac.R. 7.02(B)(1), which requires that a
memorandum “shall not exceed fifteen numbered
pages, exclusive of the table of contents and
certificate of service.” Therefore, it is ordered by
the court, sua sponte, that pages 19 through 36 of
the memorandum in support of jurisdiction are
stricken, as they are in excess of the 15-page limit
imposed on content for a memorandum in support
of jurisdiction.
DISCIPLINARY CASES
2015-0292. Cleveland Metro. Bar Assn. v.
Belinger.
On application for reinstatement. Robert James
Belinger, Attorney Registration No. 0017661, is
hereby reinstated to the practice of law.
2 05-27-16
CASE ANNOUNCEMENTS
May 26, 2016
[Cite as 05/26/2016 Case Announcements, 2016-
Ohio-3154.]
MOTION AND PROCEDURAL RULINGS
2016-0284. State v. Franklin.
Wayne App. No. 14AP0055, 2016-Ohio-56. This
cause came on for further consideration upon the
filing of appellant’s amended motion for leave of
court to supplement/amend the memorandum in
support of jurisdiction. It is ordered by the court
that the motion is denied as moot.
CASE ANNOUNCEMENTS
May 25, 2016
[Cite as 05/25/2016 Case Announcements, 2016-
Ohio-3146.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-010. In re Disqualification of Ghiz, 2016-
Ohio-3132 (decided Feb. 2, 2016).
16-AP-014. In re Disqualification of Huffman,
2016-ohio-3133 (decided Apr. 4, 2016).
MISCELLANEOUS DISMISSALS
2016-0226. State v. James.
Cuyahoga App. No. 102604, 2015-Ohio-4987.
This cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant has not filed a
memorandum in support of jurisdiction, due May
20, 2016, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
2016-0386. State ex rel. Tuck v. Wolaver.
Greene App. No. 2015 CA 0062. This cause is
pending before the court as an appeal from the
Court of Appeals for Greene County. The records
of this court indicate that appellant has not filed a
merit brief, due May 9, 2016, in compliance with
the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Greene County.
2016-0398. Sysack v. Kovack.
In Mandamus and Procedendo. This cause
originated in this court on the filing of a complaint
for writs of mandamus and procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 05-25-16
CASE ANNOUNCEMENTS
May 24, 2016
[Cite as 05/24/2016 Case Announcements #2,
2016-Ohio-3145.]
MERIT DECISIONS WITH OPINIONS
2016-0464. State ex rel. Ethics First - You Decide
Ohio Political Action Commt. v. DeWine, Slip
Opinion No. 2016-Ohio-3144.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus. On consideration of respondent’s
motion to dismiss, it is ordered by the court that
the motion to dismiss is granted for failure to state
a claim and this cause is dismissed, consistent
with the opinion rendered herein.
It is further ordered that relators’ motion to
expedite consideration of motion to dismiss and
the issuance of writ of mandamus is denied as
moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0313. Ohio Manufacturers’ Assn. v. Ohioans
for Drug Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
It is ordered by the court, sua sponte, that
respondents shall file responses, if any, to
relators’ motion for order appointing commission
for issuance of subpoenas for out-of-state
discovery and motion to amend briefing schedule
no later than 5:00
p.m. on Wednesday, May 25, 2016.
CASE ANNOUNCEMENTS
May 24, 2016
[Cite as 05/24/2016 Case Announcements, 2016-
Ohio-3112.]
MERIT DECISIONS WITH OPINIONS
2014-0650. State ex rel. Altman-Bates v. Pub.
Emps. Retirement Bd., Slip Opinion No. 2016-
Ohio-3100.
Franklin App. No. 11AP-196, 2014-Ohio-1183.
Judgment reversed in part and
vacated in part, writ granted in part, and cause
remanded.
O’Connor, C.J., and Pfeifer, Keough, and O’Neill,
JJ., concur.
O’Donnell, J., dissents with an opinion that
Lanzinger and Kennedy, JJ., join.
Kathleen Ann Keough, J., of the Eighth Appellate
District, sitting for French, J.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-007. In re Disqualification of Dezso, 2016-
Ohio-3110 (decided Feb. 12, 2016).
16-AP-009. In re Disqualification of Forchione,
2016-Ohio-3111 (decided Feb. 11, 2016).
MOTION AND PROCEDURAL RULINGS
2014-1505. In re Application of Dayton Power &
Light Co. to Establish a Std. Serv. Offer in the
Form of an Elec. Sec. Plan.
Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. This cause is
pending before the court as an appeal from the
Public Utilities Commission of Ohio.
Upon consideration of the joint motion of Industrial
Energy Users-Ohio and the Office of the Ohio
Consumers’ Counsel to establish the oral-
argument schedule, it is ordered by the court that
the motion is granted in part and the oral-
argument time for this case is extended to 40
minutes. Upon consideration of the motion of the
Dayton Power and Light Company to establish the
oral-argument schedule, it is ordered by the court
that the motion is denied.
The revised oral-argument schedule is as follows:
the Office of the Ohio Consumers’ Counsel shall
argue first and is permitted ten minutes of oral
argument and may reserve time for first rebuttal;
Industrial Energy Users-Ohio shall argue second,
is permitted ten minutes of oral argument, and
may reserve time for second rebuttal; the Dayton
Power and Light Company shall argue third, is
permitted ten minutes of oral argument, and may
reserve time for third rebuttal; and the Public
Utilities Commission of Ohio shall argue fourth
and is permitted ten minutes of oral argument.
2 05-24-16
CASE ANNOUNCEMENTS
May 23, 2016
[Cite as 05/23/2016 Case Announcements, 2016-
Ohio-3099.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MAY 23, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the May 23, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2014-0289. State ex rel. Gregley v. Friedman, 145
Ohio St.3d 279, 2014-Ohio4796.
2014-1278 and 2014-1454. State v. Earley, 145
Ohio St.3d 281, 2015-Ohio4615.
2014-1942. State v. Burnett, 145 Ohio St.3d 289,
2016-Ohio-127.
2014-2128. State ex rel. Haley v. Davis, 145 Ohio
St.3d 297, 2016-Ohio-534.
2014-2214. Disciplinary Counsel v. Hooks, 145
Ohio St.3d 1237, 2015-Ohio
286.
2015-0293. Disciplinary Counsel v. Williams, 145
Ohio St.3d 308, 2016-Ohio
827.
2015-0530. State ex rel. Ziegler v. Ohio Dept. of
Pub. Safety, 145 Ohio St.3d 319, 2016-Ohio-1136.
2015-1312. Cincinnati Bar Assn. v. Robertson,
145 Ohio St.3d 302, 2016Ohio-654. 2015-1317.
Ohio State Bar Assn. v. Owen, 145 Ohio St.3d
315, 2016-Ohio-864. 2015-1359. In re Application
of Vanderhide, 145 Ohio St.3d 317, 2016-Ohio
866.
2015-1362. In re Application of Mikulin, 145 Ohio
St.3d 305, 2016-Ohio-743.
2015-2053. Disciplinary Counsel v. Alo, 145 Ohio
St.3d 1244, 2016-Ohio-197.
2015-2092. State ex rel. Cornerstone Developers,
Ltd. v. Greene Cty. Bd. of
Elections, 145 Ohio St.3d 290, 2016-Ohio-313.
2016-0206. Disciplinary Counsel v. Rutherford,
145 Ohio St.3d 1247, 2016Ohio-944. 2016-0303.
In re Resignation of McGrath, 145 Ohio St.3d
1250, 2016-Ohio
1024.
15-AP-093. In re Disqualification of Burt, 145 Ohio
St.3d 1239, 2015-Ohio5670. 15-AP-099. In re
Disqualification of Celebrezze, 145 Ohio St.3d
1242, 2015
Ohio-5672.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
16-AP-003. In re Disqualification of Ingraham,
2016-Ohio-3097 (decided Jan. 28, 2016).
16-AP-005. In re Disqualification of Crawford,
2016-Ohio-3098 (decided Jan. 29, 2016).
2 05-23-16
MOTION AND PROCEDURAL RULINGS
2015-1782. State v. Shalash.
Warren App. No. CA2014-12-146, 2015-Ohio-
3836. This cause is pending before the court on
the certification of a conflict from the Court of
Appeals for Warren County.
Upon consideration of the motion for admission
pro hac vice of Zach Howe, it is ordered by the
court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2016-0215. State v. Grimes.
Muskingum App. No. CT2015-0026, 2015-Ohio-
3497. This cause is pending before the court as
an appeal from the Court of Appeals for
Muskingum County.
Upon consideration of appellee’s motion to
appoint the Office of the Ohio Public Defender as
counsel, it is ordered by the court that the motion
is granted and the Office of the Ohio Public
Defender is appointed to represent appellee.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0735. ARC CAFEUSA001, L.L.C. v. Greene
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-922.
2016-0743. Giant Oil, Inc. v. Ashland Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-930.
2016-0747. State ex rel. Beavercreek Twp. Fiscal
Officer v. Graff.
In Mandamus.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
3 05-23-16
2016-0387. State ex rel. Clay v. Cuyahoga Cty.
Med. Examiner’s Office.
Cuyahoga App. No. 103514, 2016-Ohio-407.
2016-0541. Julia Realty, Ltd. v. Cuyahoga Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-657 and 2015-
658.
4 05-23-16
CASE ANNOUNCEMENTS
May 19, 2016
[Cite as 05/19/2016 Case Announcements #2,
2016-Ohio-3085.]
MOTION AND PROCEDURAL RULINGS
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition
involving termination of parental rights/minor child
adoption.
It is ordered by the court, sua sponte, that relators
shall file a response, if any, to respondent’s
motion to dismiss no later than 4:00 p.m. on
Monday, May 23, 2016.
CASE ANNOUNCEMENTS
May 19, 2016
[Cite as 05/19/2016 Case Announcements, 2016-
Ohio-3053.]
MERIT DECISIONS WITH OPINIONS
2012-1274. State v. Adams, Slip Opinion No.
2016-Ohio-3043.
Mahoning App. No. 08 MA 246, 2012-Ohio-2719.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2015-2004. Disciplinary Counsel v. Bennett, Slip
Opinion No. 2016-Ohio3045.
On Certified Report by the Board of Professional
Conduct, No. 2015-027. Daniel Lee Bennett,
Attorney Registration No. 0071965, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed on conditions.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., and Lanzinger, J., dissent and
would suspend respondent for 18 months, with 12
months stayed on conditions.
2015-2008. Cincinnati Bar Assn. v. Glaser, Slip
Opinion No. 2016-Ohio-3052.
On Certified Report by the Board of Professional
Conduct, No. 2014-101. Angela Joy Glaser,
Attorney Registration No. 0091318, is hereby
suspended from the practice of law in Ohio for six
months, with the entire suspension stayed on
conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1339. Jury v. Miller, Slip Opinion No. 2016-
Ohio-3044.
Belmont App. No. 15 BE 33, 2015-Ohio-2998.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MISCELLANEOUS DISMISSALS
2015-0675. State ex rel. Cooper & Elliott, L.L.C. v.
Ohio Dept. of Transp.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0104. State ex rel. Fitzgerald v. Ohio Police
& Fire Pension Fund Bd. of Trustees.
Franklin App. No. 14AP-968, 2015-Ohio-5079.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of the joint application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2016-0528. Johnson v. Mohr.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 05-19-16
CASE ANNOUNCEMENTS
May 18, 2016
[Cite as 05/18/2016 Case Announcements #4,
2016-Ohio-3051.]
MERIT DECISIONS WITH OPINIONS
2016-0729. State ex rel. Dir., Ohio Dept. of
Agriculture v. Forchione, Slip Opinion No. 2016-
Ohio-3049.
In Prohibition. Writ granted.
O’Connor, C.J., and Lanzinger, Kennedy, and
French, JJ., concur.
Pfeifer, J., not participating.
O’Donnell, J., dissents.
O’Neill, J., dissents with an opinion.
MOTION AND PROCEDURAL RULINGS
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
It is ordered by the court, sua sponte, that
respondents shall file a response to the motion to
stay supplemental petition period for the Ohio
Drug Price Relief Act no later than 12:00 p.m. on
Monday, May 23, 2016.
CASE ANNOUNCEMENTS
May 18, 2016
[Cite as 05/18/2016 Case Announcements #3,
2016-Ohio-3042.]
MOTION AND PROCEDURAL RULINGS
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
Upon consideration of respondent Ohio Secretary
of State Jon Husted’s motion for leave to file a
response to the motion for judgment on the
pleadings filed by respondents William S. Booth et
al., it is ordered by the court that the motion is
granted.
Upon consideration of the motion by respondents
William S. Booth et al. for judgment on the
pleadings or, in the alternative, for partial
judgment on the pleadings, it is ordered by the
court that the motion is denied, consistent with the
opinion rendered herein.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents with an opinion that O’Neill, J.,
joins.
O’Neill, J., dissents with an opinion.
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
Upon consideration of the motion by respondents
William S. Booth et al. to expedite case schedule,
it is ordered by the court that the motion is
granted. Upon consideration of relators’ motion for
scheduling conference, it is ordered by the court
that the motion for scheduling conference is
denied. The parties shall submit a joint report as
to the progress of discovery within 14 days of the
date of this entry. Further, any request for an
evidentiary hearing, if necessary, shall be made
within 14 days of the date of this entry.
It is further ordered that the following briefing
schedule is set: relators’ merit brief and evidence
are due within 21 days of the date of this entry;
respondents’ merit brief and evidence are due
within 14 days of the filing of relators’ merit brief;
and relators may file a reply brief within seven
days of the filing of respondents’ merit brief. The
parties shall address the applicability of
Cappelletti
v. Celebrezze, 58 Ohio St.2d 395, 396-397, 390
N.E.2d 829 (1979), and State ex rel. Hodges v.
Taft, 64 Ohio St.3d 1, 10, 591 N.E.2d 1186 (1992),
in their merit briefs.
It is further ordered by the court that if a request
for an evidentiary hearing is filed, the briefing
schedule set forth in this order shall remain in
effect unless the court grants the request for a
hearing and stays the briefing schedule.
Kennedy, and French, JJ., concur as to the
disposition of all motions.
O’Connor, C.J., and O’Donnell, and Lanzinger,
JJ., dissent in part and would deny the motion to
expedite but grant all other motions.
Pfeifer, J., dissents in part, would grant the motion
to expedite but refrain from setting a briefing
schedule until receipt of the joint report, and
would not instruct the parties to address any
issues not previously raised.
O’Neill, J., dissents in part and would grant the
motion to expedite and deny all other motions.
2 05-18-16
CASE ANNOUNCEMENTS
May 18, 2016
[Cite as 05/18/2016 Case Announcements, 2016-
Ohio-3028.]
MERIT DECISIONS WITH OPINIONS
2013-0513. In re Application of Ohio Edison Co.,
Slip Opinion No. 2016Ohio-3021.
Public Utilities Commission, No. 12-1230-EL-
SSO. Order affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-0881. Dublin City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-3025.
Board of Tax Appeals, No. 2012-1136. Decision
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0619. In re Von, Slip Opinion No. 2016-
Ohio-3020.
Trumbull App. No. 2013-T-0085, 2015-Ohio-943.
Judgment affirmed in part and
reversed in part, and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
and French, JJ., concur.
Lanzinger, J., concurs in judgment only.
O’Neill, J., dissents.
2015-1252. Wells Fargo Bank, N.A. v. Allstate Ins.
Co., Slip Opinion No. 2016-Ohio-3026.
Certified Question of State Law, United States
Court, Northern District of Ohio, Eastern Division,
No. 4:15CV0239. Certified question of state law
dismissed as having been improvidently
accepted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1316. Disciplinary Counsel v. Cannata and
Phillips, Slip Opinion No. 2016-Ohio-3027.
On Certified Report by the Board of Professional
Conduct, No. 2014-091. Sam Patrick Cannata,
Attorney Registration No. 0078621, and Gerald
Wayne Phillips, Attorney Registration No.
0024804, are hereby suspended from the practice
of law in Ohio for six months, all stayed on
conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1517. State ex rel. Singer v. Fairland Local
School Dist. Bd. of Edn.
In Mandamus. On motion to dismiss. Motion
denied. It is ordered by the court, sua sponte, that
an alternative writ is granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relators shall file a brief within 10 days of the filing
of the evidence; respondents shall file a brief
within 20 days after the filing of relators’ brief; and
relators may file a reply brief within 7 days after
the filing of respondents’ brief.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1608. Zillow v. Bosel.
In Mandamus. On answer of respondent. It is
ordered by the court, sua sponte, that an
alternative writ is granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05.
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relators shall file a brief within 10 days of the filing
of the evidence; respondents shall file a brief
within 20 days after the filing of relators’ brief; and
relators may file a reply brief within 7 days after
the filing of respondents’ brief.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0344. State ex rel. Harris v. Bracy.
In Mandamus. On complaint in mandamus of
Dwayne Harris. On S.Ct.Prac.R.
10.5 determination, cause dismissed. On motion
to declare relator as vexatious litigator. Motion
denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0351. State ex rel. McNeely v. Cook.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2013-1472. In re Adoption of Rules for Alternative
and Renewable Energy Technology.
Public Utilities Commission, No. 08-888-EL-ORD.
On motion to dismiss. Motion denied.
O’Donnell, J., not participating.
2015-2043. State v. Jenkins.
Cuyahoga App. No. 102462, 2015-Ohio-4583. On
motion [for] limited remand. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2016-0414. State v. Elder.
Stark App. No. 2014CA00135, 2015-Ohio-3564.
On motion for leave to file delayed appeal. Motion
denied.
Pfeifer, Kennedy, and O’Neill, JJ., dissent.
2016-0419. State v. Smith.
Cuyahoga App. No. 102495, 2016-Ohio-103. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, French, and O’Neill, JJ., dissent.
2016-0427. State v. Leet.
Montgomery App. No. 26696, 2016-Ohio-138. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0437. State v. Allen.
Cuyahoga App. No. 102932, 2016-Ohio-24. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0445. State v. Askew.
Stark App. No. 2015CA00034, 2015-Ohio-4125.
On motion for leave to file delayed appeal. Motion
denied.
2016-0466. State v. Wood.
Montgomery App. No. 26134, 2016-Ohio-143. On
motion for leave to file delayed appeal. Motion
granted.
Pfeifer and O’Donnell, JJ., dissent.
2016-0469. State v. Stack.
Lake App. No. 2014-L-122, 2015-Ohio-5521. On
motion for leave to file delayed appeal. Motion
denied.
2016-0473. State v. Hayes.
Lucas App. No. L-14-1249, 2016-Ohio-330. On
motion for leave to file delayed
appeal. Motion denied.
Kennedy, J., dissents.
2016-0478. Gallito v. Levinsky.
Mahoning App. No. 13 MA 143, 2016-Ohio-889.
On motion for stay of court of appeals’ decision.
Motion denied.
2016-0481. State v. Holmes.
Hancock App. No. 5-15-06, 2015-Ohio-5050. On
motion for leave to file delayed appeal. Motion
denied.
2016-0482. State v. Arega.
Franklin App. No. 15AP-591. On motion for leave
to file delayed appeal. Motion denied.
2016-0484. State v. Wilson.
Lake App. No. 2015-L-067, 2015-Ohio-5465. On
motion for leave to file delayed appeal. Motion
denied.
2016-0486. State v. Storck.
Clark App. No. 14-CA-0130, 2015-Ohio-2880. On
motion for leave to file delayed appeal. Motion
denied.
2016-0488. State v. Porter.
Cuyahoga App. No. 102257, 2016-Ohio-1115. On
amended motion to stay court of appeals’
judgment and continue bond. Motion denied.
Kennedy and O’Neill, JJ., dissent.
2016-0491. State v. Jackson.
Franklin App. No. 15AP-581, 2015-Ohio-5282. On
motion for leave to file delayed appeal. Motion
denied.
2016-0532. Cleveland v. Cleveland Police
Patrolmen’s Assn.
Cuyahoga App. No. 103010, 2016-Ohio-702. On
unopposed motion for stay of court of appeals’
judgment. Motion granted.
Pfeifer, J., dissents.
APPEALS ACCEPTED FOR REVIEW
2016-0213. State v. Kepler.
Muskingum App. No. CT2015-0021, 2015-Ohio-
3291. Discretionary appeal accepted and held for
decision in 2016-0215, State v. Grimes, and
briefing schedule stayed.
Pfeifer, French, and O’Neill, JJ., dissent.
2016-0238. State v. Bembry.
Mahoning App. Nos. 2014 MA 51 and 2014 MA
52, 2015-Ohio-5598. O’Connor, C.J., and
O’Donnell and Kennedy, JJ., dissent.
2016-0271. State v. Polk.
Franklin App. No. 14AP-787, 2016-Ohio-28.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
2016-0315. State v. Lee.
Franklin App. No. 14AP-1009, 2016-Ohio-122.
Discretionary appeal accepted and held for
decision in 2015-0677, State v. Aalim, and briefing
schedule stayed.
O’Donnell, Lanzinger, and Kennedy, JJ., dissent.
2016-0317. State v. Anderson.
Montgomery App. No. 26525, 2016-Ohio-135.
O’Connor, C.J., and O’Donnell and Kennedy, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2016-0092. State v. Hunter.
Hamilton App. Nos. C-140684, C-140704, and C-
140717, 2016-Ohio-123.
Kennedy, J., dissents and would accept the
appeal on Proposition of Law No. III.
French, J., dissents and would accept the appeal
on Proposition of Law Nos. I, III, and IV.
O’Neill, J., dissents.
2016-0174. Udrija v. E. Cleveland.
Cuyahoga App. No. 102406, 2016-Ohio-288.
2016-0177. State v. James.
Cuyahoga App. No. 102944, 2015-Ohio-5429.
O’Donnell and Lanzinger, JJ., dissent.
2016-0181. Sims v. Nissan N. Am., Inc.
Franklin App. No. 15AP-19, 2015-Ohio-5367.
2016-0183. State v. Blair.
Cuyahoga App. No. 102548, 2015-Ohio-5416.
2016-0192. State v. Banks.
Cuyahoga App. No. 102360, 102361, 102362,
and 102363, 2015-Ohio-5413. O’Donnell, J.,
dissents.
2016-0194. State v. Lewis.
Cuyahoga App. No. 102939, 2015-Ohio-5267.
O’Neill, J., dissents.
2016-0204. State v. Stutler.
Stark App. No. 2015CA00099, 2015-Ohio-5518.
2016-0205. Oryann, Ltd. v. SL & MB, L.L.C.
Lake App. No. 2014-L-119, 2015-Ohio-5461.
2016-0216. Walls v. Lorain Cty. Bd. of Revision.
Lorain App. No. 14CA010682, 2015-Ohio-5448.
Kennedy and French, JJ., dissent.
2016-0218. Tarajcak v. Petkovic.
Geauga App. No. 2014-G-3217 and 2014-G-
3233, 2015-Ohio-5459.
2016-0219. Pearson v. Manorcare Health Servs.
Lake App. No. 2014-L-047, 2015-Ohio-5460.
French and O’Neill, JJ., dissent.
2016-0223. LaSalle Bank, N.A. v. Smith.
Mahoning App. No. 13 MA 148, 2015-Ohio-5597.
O’Donnell, J., dissents.
2016-0224. State v. Cunningham.
Medina App. No. 14CA0032-M, 2015-Ohio-4306.
O’Donnell, J., dissents.
2016-0233. Edelman v. JELBS.
Franklin App. No. 14AP-512, 2015-Ohio-5542.
Pfeifer and French, JJ., dissent.
2016-0239. Huntington Natl. Bank v. Riversource
Life Ins. Co.
Mahoning App. No. 14 MA 90, 2015-Ohio-5600.
Pfeifer and French, JJ., dissent.
2016-0241. State v. Woodhouse.
Sandusky App. No. S-14-021, 2015-Ohio-3806.
2016-0246. State v. Intihar.
Warren App. No. CA2015-05-046, 2015-Ohio-
5507.
2016-0247. State v. Jones.
Cuyahoga App. No. 102814, 2015-Ohio-5540.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent and would accept the appeal and hold the
cause for decision in 2015-1427, State v. Jones.
2016-0248. State v. Johnson.
Montgomery App. No. 26055, 2015-Ohio-5491.
O’Donnell, Kennedy, and French, JJ., dissent.
2016-0253. State v. Neal.
Hocking App. No. 15CA1, 2016-Ohio-64.
2016-0264. State v. Carusone.
Hamilton App. No. C1400737, 2015-Ohio-4397.
O’Neill, J., dissents.
2016-0266. Wesbanco Bank, Inc. v. Smoked Ribs,
Inc. Scioto App. No. 15CA3689, 2016-Ohio-177.
Kennedy, J., dissents.
2016-0269. State v. Leyman.
Medina App. No. 14CA0037-M, 2016-Ohio-59.
2016-0272. Palladino v. Kennedy.
Cuyahoga App. No. 103115, 2016-Ohio-115.
2016-0273. State v. J.M.
Franklin App. No. 14AP-621, 2015-Ohio-5574.
2016-0275. State v. Machuca.
Allen App. No. 1-15-01, 2016-Ohio-254.
2016-0286. Strebler v. Morgan Stanley & Co., Inc.
Summit App. No. 27721, 2015-Ohio-4034. O’Neill,
J., dissents.
2016-0287. State v. Owens. Gallia App. No.
14CA9, 2016-Ohio-176.
French, J., dissents.
2016-0293. Jascar Ents., L.L.C. v. Body by Jake
Ents., L.L.C.
Wayne App. No. 14CA0006, 2015-Ohio-3281.
Pfeifer, Kennedy, and French, JJ., dissent.
2016-0295. In re Property Seized from Jobson.
Hamilton App. No. C-150707.
2016-0297. Spitzer Bldg. Co. v. Ergur Private
Equity Group, L.L.C.
Lucas App. No. L-15-1008.
2016-0306. In re J.C.P.
Cuyahoga App. No. 103133, 2016-Ohio-116.
2016-0310. State v. Howell.
Stark App. No. 2015CA0004.
2016-0311. State v. Fite.
Adams App. No. 14CA998, 2016-Ohio-284.
2016-0312. Riffle v. Physicians & Surgeons
Ambulance Serv.
Summit App. No. 27449, 2016-Ohio-94.
2016-0314. State v. Miller.
Hamilton App. No. C-140101.
2016-0316. State v. Godwin.
Cuyahoga App. No. 103224, 2016-Ohio-117.
2016-0324. State v. Rasul.
Cuyahoga App. No. 101625, 2016-Ohio-200.
2016-0325. State v. Christian.
Montgomery App. No. 25256, 2016-Ohio-516.
Lanzinger and O’Neill, JJ., dissent.
2016-0329. State v. McGraw.
Cuyahoga App. No. 102807, 2016-Ohio-205.
2016-0333. State v. Exon.
Clark App. No. 2014-CA-106, 2016-Ohio-600.
2016-0334. State v. Lumbus.
Cuyahoga App. No. 102273, 2016-Ohio-380.
2016-0336. State v. Sullivan.
Franklin App. No. 15AP-809, 2016-Ohio-218.
Pfeifer, J., dissents.
2016-0341. Moss v. Lorain Cty. Bd. of Mental
Retardation.
Lorain App. No. 15CA010767, 2016-Ohio-169.
Pfeifer and O’Neill, JJ., dissent.
2016-0345. In re Reeder.
Franklin App. Nos. 15-AP-203 and 15-AP-218,
2016-Ohio-212. O’Neill, J., dissents.
2016-0359. State v. Coleman.
Cuyahoga App. No. 102966, 2016-Ohio-297.
2016-0362. State v. Cowan.
Wood App. No. WD-14-036.
2016-0365. State v. McIntyre.
Summit App. No. 27670, 2016-Ohio-93.
O’Connor, C.J., not participating.
2016-0369. Roubanes v. Brown.
Holmes App. No. 15CA05, 2015-Ohio-5112.
2016-0374. State v. Halstead.
Cuyahoga App. No. 102723, 2016-Ohio-290.
2016-0394. State v. Hardman.
Cuyahoga App. No. 102600, 2016-Ohio-498.
O’Neill, J., dissents and would accept the
discretionary appeal and cross-appeal.
2016-0402. State v. Drescher.
Stark App. No. 2015CA00020, 2016-Ohio-403.
2016-0405. State v. Lee.
Mahoning App. No. 14 MA 120, 2016-Ohio-649.
2016-0407. State v. Thadur.
Ashland App. No. 15 COA 018, 2016-Ohio-417.
2016-0412. State v. Jackson.
Franklin App. No. 14AP-748, 2015-Ohio-5114.
2016-0417. State v. Taylor.
Cuyahoga App. No. 101615, 2016-Ohio-377.
2016-0431. In re G.H.
Mahoning App. No. 14 MA 7, 2016-Ohio-648.
O’Neill, J., dissents.
2016-0433. State v. Davis.
Richland App. No. 2014 CA 0034.
RECONSIDERATION OF PRIOR DECISIONS
2014-0607. In re D.S.
Licking App. No. 13-CA-58, 2014-Ohio-867.
Reported at __ Ohio St.3d __, 2016Ohio-1027, __
N.E.3d __. On motion for reconsideration. Motion
denied. Pfeifer, Lanzinger, and O’Neill, JJ.,
dissent.
2014-0941. State v. Shabazz.
Cuyahoga App. No. 100021, 2014-Ohio-1828.
Reported at __ Ohio St.3d __, 2016-Ohio-1055,
__ N.E.3d __. On motion for reconsideration.
Motion denied. O’Donnell, Kennedy, and French,
JJ., dissent.
2014-1241. Haight v. Cheap Escape Co.
Montgomery App. No. 25983, 2014-Ohio-2447.
Reported at __ Ohio St.3d __, 2016-Ohio-1053,
__ N.E.3d __. On motion for reconsideration.
Motion denied. Pfeifer and O’Neill, JJ., dissent.
2015-1568. State v. Raphael.
Warren App. Nos. CA2014-11-138 and CA2014-
11-139, 2015-Ohio-3179. Reported at 144 Ohio
St.3d 1458, 2016-Ohio-172, 44 N.E.3d 287. On
motion for reconsideration. Motion denied.
2015-1921. State v. Lam.
Montgomery App. No. 26428, 2015-Ohio-4293.
Reported at 145 Ohio St.3d 1409, 2016-Ohio-899,
46 N.E.3d 703. On motion for reconsideration.
Motion denied. O’Neill, J., dissents.
CASE ANNOUNCEMENTS
May 17, 2016
[Cite as 05/17/2016 Case Announcements #2,
2016-Ohio-3013.]
MOTION AND PROCEDURAL RULINGS
2016-0763. State ex rel. Anderson v. Derryberry.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition
involving termination of parental rights/minor child
adoption.
It is ordered by the court, sua sponte, that
respondent shall file a response to the complaint
no later than 12:00 p.m. on Wednesday, May 18,
2016.
CASE ANNOUNCEMENTS
May 17, 2016
[Cite as 05/17/2016 Case Announcements, 2016-
Ohio-2999.]
MERIT DECISIONS WITH OPINIONS
2014-1402. State v. Cornelison, Slip Opinion No.
2016-Ohio-2968.
Lake App. No. 2013-L-064, 2014-Ohio-2884.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0495. State ex rel. Pietrangelo v. Avon Lake,
Slip Opinion No. 2016Ohio-2974.
Lorain App. No. 14CA010571. Judgment affirmed.
O’Connor, C.J., and Pfiefer, O’Donnell, Lanzinger,
and O’Neill, JJ., concur.
Kennedy, J., concurs in part and dissents in part
with an opinion that French, J., joins.
2015-0956. State v. Overholser, Slip Opinion No.
2016-Ohio-2969.
Clark App. No. 2014-CA-42, 2015-Ohio-1980.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, French,
and O’Neill, JJ., concur.
Lanzinger and Kennedy, JJ., dissent and would
dismiss the appeal as having been improvidently
accepted.
2015-1330 and 2015-1489. State v. Brandenburg,
Slip Opinion No. 2016-Ohio2970.
Butler App. Nos. CA2014-10-201 and CA2014-10-
202, 2015-Ohio-2573. Judgment reversed and
cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1596. State v. McGowan, Slip Opinion No.
2016-Ohio-2971.
Summit App. No. 27092, 2015-Ohio-1804.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1955. Toledo Bar Assn. v. Abreu, Slip
Opinion No. 2016-Ohio-2972.
On Final Report by the Board on the
Unauthorized Practice of Law, No. UPL 14
01. Consent decree approved. Raye-Lynn Abreau
is enjoined from all activities that constitute the
unauthorized practice of law in Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
DISCIPLINARY CASES
2013-1987. Dayton Bar Assn. v. Swift.
On application for reinstatement. Ben Musa Swift,
Attorney Registration No. 0065745, is hereby
reinstated to the practice of law.
2 05-17-16
CASE ANNOUNCEMENTS
May 13, 2016
[Cite as 05/13/2016 Case Announcements, 2016-
Ohio-2956.]
MOTION AND PROCEDURAL RULINGS
1995-0042. State v. Wogenstahl.
Hamilton App. No. C-930222. In accordance with
the court’s decision granting the motion to reopen
appellant’s direct appeal, the clerk shall issue an
order for the transmittal of the record from the
Court of Appeals for Hamilton County and the
parties shall brief this case in accordance with
Rules 16.01 through 16.10 of the Rules of
Practice of the Supreme Court of Ohio. The
parties’ briefs shall be limited to addressing
whether the trial court lacked jurisdiction with
respect to the count in the indictment charging
aggravated murder with death-penalty
specifications.
2016-0476. State v. Jordan.
Montgomery App. No. 26163, 2016-Ohio-603.
This cause is pending before the court as a
jurisdictional appeal.
Review of appellee’s memorandum in response
reveals that it fails to comply with S.Ct.Prac.R.
7.03(B)(1), which requires that a memorandum
“shall not exceed fifteen numbered pages,
exclusive of the certificate of service.” Therefore,
it is ordered by the court, sua sponte, that pages
16 and 17 of the memorandum in response are
stricken, as they are in excess of the 15-page limit
imposed on content for a memorandum in
response.
2016-0583. Rogers v. Eppinger.
Lorain App. No. 16CA010920. This cause is
pending before the court as a jurisdictional
appeal.
Review of appellant’s memorandum in support of
jurisdiction reveals that it fails to comply with
S.Ct.Prac.R. 7.02(B)(1), which requires that a
memorandum “shall not exceed fifteen numbered
pages, exclusive of the table of contents and
certificate of service.” Therefore, it is ordered by
the court, sua sponte, that pages 16 through 21 of
the memorandum in support of jurisdiction are
stricken, as they are in excess of the 15-page limit
imposed on content for a memorandum in support
of jurisdiction.
2 05-13-16
CASE ANNOUNCEMENTS
May 12, 2016
[Cite as 05/12/2016 Case Announcements #3,
2016-Ohio-2955.]
MOTION AND PROCEDURAL RULINGS
2016-0723. State ex rel. Allen Cty. Children Servs.
Bd. v. Mercer Cty. Common Pleas Court, Probate
Div.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
It is ordered by the court, sua sponte, that
respondents shall file a response to the complaint
no later than May 20, 2016. Relator’s responsive
pleading to respondents’ response to the
complaint, if one is permitted by rule, shall be filed
no later than May 24, 2016.
CASE ANNOUNCEMENTS
May 12, 2016
[Cite as 05/12/2016 Case Announcements #2,
2016-Ohio-2930.]
MOTION AND PROCEDURAL RULINGS
2016-0729. State ex rel. Dir., Ohio Dept. of
Agriculture v. Forchione.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of the emergency motion to
intervene as respondents of Cynthia Huntsman
and Stump Hill Farm, Inc., it is ordered by the
court that the motion is granted. Intervening
respondents shall file a response, if any, to the
amended emergency motion for issuance of
peremptory or alternative writ of prohibition no
later than 9:00 a.m. on Friday, May 13, 2016.
CASE ANNOUNCEMENTS
May 11, 2016
[Cite as 05/11/2016 Case Announcements #3,
2016-Ohio-2929.]
MOTION AND PROCEDURAL RULINGS
2016-0729. State ex rel. Dir., Ohio Dept. of
Agriculture v. Forchione.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
It is ordered by the court, sua sponte, that
respondent shall file a response, if any, to the
amended emergency motion for issuance of
peremptory or alternative writ of prohibition no
later than 9:00 a.m. on Friday, May 13, 2016.
CASE ANNOUNCEMENTS
May 12, 2016
[Cite as 05/12/2016 Case Announcements, 2016-
Ohio-2923.]
MERIT DECISIONS WITH OPINIONS
2014-1161. World Harvest Church v. Grange Mut.
Cas. Co., Slip Opinion No. 2016-Ohio-2913.
Franklin App. No. 13AP-290, 2013-Ohio-5707.
Judgment reversed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0381. Cleveland v. Jones, Slip Opinion No.
2016-Ohio-2914.
Cuyahoga App. No. 100598, 2014-Ohio-4201.
Cause dismissed, sua sponte, as
having been improvidently accepted.
O’Connor, C.J., and Pfeifer, O’Donnell, and
Lanzinger, JJ., concur.
Kennedy, French, and O’Neill, JJ., dissent.
2015-0889. State ex rel. Dunn v. Franklin Cty.
Court of Common Pleas, Slip Opinion No. 2016-
Ohio-2915.
Franklin App. No. 14AP-819. Judgment reversed
and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1031. State ex rel. Bradford v. Dinkelacker,
Slip Opinion No. 2016Ohio-2916.
Hamilton App. No. C-1500237. Judgment affirmed
and motions for reversal of judgment, to file
citation to relevant authority, and to take judicial
notice of controlling authority denied as moot.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
and French, JJ., concur.
O’Donnell and O’Neill, JJ., dissent.
MOTION AND PROCEDURAL RULINGS
2016-0136. Johnson v. Ohio Dept. of Rehab. &
Corr.
Miscellaneous case. This cause came on for
further consideration upon the filing of relator’s
motion for judgment pursuant to S.Ct.Prac.R.
12.07(B)(3). It is ordered by the court that the
motion is denied as moot.
2016-0284. State v. Franklin.
Wayne App. No. 14AP0055, 2016-Ohio-56. This
cause came on for further consideration upon the
filing of appellant’s motion for leave of court to
supplement/amend the memorandum in support
of jurisdiction and motion to transmit the electronic
version of the verdict for review. It is ordered by
the court that the motions are denied as moot.
2016-0331. In re Adoption of A.N.W. and L.D.W.
Belmont App. No. 15 BE 0071, 2016-Ohio-463.
This cause came on for further consideration
upon the filing of appellant’s motion to strike
memorandum in support of jurisdiction. It is
ordered by the court that the motion is denied as
moot.
DISCIPLINARY CASES
2015-1423. Disciplinary Counsel v. Coriell.
On order to show cause. Jennifer Lynn Coriell,
Attorney Registration No. 0072791, is hereby
indefinitely suspended from the practice of law in
Ohio.
2 05-12-16
CASE ANNOUNCEMENTS
May 11, 2016
[Cite as 05/11/2016 Case Announcements #2,
2016-Ohio-2912.]
MOTION AND PROCEDURAL RULINGS
2016-0696. State v. Apanovitch.
Cuyahoga App. Nos. 102618 and 102698. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s emergency
motion to stay in advance of memorandum in
support of jurisdiction, supplemental emergency
motion to stay in advance of memorandum in
support of jurisdiction, and motion for leave to
supplement emergency motion to stay lower court
proceedings with attached exhibit, it is ordered by
the court that the motions to stay are denied and
the motion for leave to supplement is denied as
moot.
O’Donnell and Kennedy, JJ., dissent and would
grant the motions to stay.
CASE ANNOUNCEMENTS
May 11, 2016
[Cite as 05/11/2016 Case Announcements, 2016-
Ohio-2911.]
MERIT DECISIONS WITH OPINIONS
2015-0584. Snodgrass v. Testa, Slip Opinion No.
2016-Ohio-2910.
Pike App. No. 14CA853, 2015-Ohio-188.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0767 and 2015-0770. Pryor v. Dir., Ohio
Dept. of Job & Family Servs., Slip Opinion No.
2016-Ohio-2907.
Summit App. No. 27225, 2015-Ohio-1255.
Judgment reversed and cause
remanded.
Pfeifer, Lanzinger, Kennedy, French, and O’Neill,
JJ., concur.
O’Connor, C.J., dissents with an opinion.
O’Donnell, J., dissents and would reverse the
judgment of the Ninth District Court of Appeals
and reinstate the judgment of the Summit County
Common Pleas Court.
MOTION AND PROCEDURAL RULINGS
2014-0008. In re Complaint of Allied Erecting &
Dismantling Co., Inc. v. Ohio Edison Co.
Public Utilities Commission, No. 07-905-EL-CSS.
This cause is pending before the court as an
appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the suggestion of
bankruptcy on behalf of Allied Erecting and
Dismantling Company, Inc., it is ordered by the
court that this cause is stayed pending resolution
of the bankruptcy case or a lifting of the automatic
stay imposed by 11 U.S.C. 362. The parties shall
notify this court immediately upon conclusion of
the bankruptcy proceedings or a lifting of the
automatic stay imposed by 11 U.S.C. 362.
2016-0624. Delta Fuels, Inc. v. DLZ Ohio, Inc.
Lucas App. No. L-15-1001, 2016-Ohio-970. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Ben M. Gonek and the amended
motion for admission pro hac vice of Daniel J.
Kelly, it is ordered by the court that the motions
are granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days of the date of
this entry.
2 05-11-16
CASE ANNOUNCEMENTS
May 10, 2016
[Cite as 05/10/2016 Case Announcements, 2016-
Ohio-2898.]
MOTION AND PROCEDURAL RULINGS
In re Harris.
On April 20, 2016, this court found Dwayne Harris
to be a vexatious litigator under S.Ct.Prac.R.
4.03(B). This court further ordered that Harris was
prohibited from continuing or instituting legal
proceedings in the court without obtaining leave.
On April 29, 2016, Harris presented an application
for leave to institute a motion for reconsideration.
It is ordered by the court that the application for
leave is denied.
2015-1376. LCW-WEN, L.L.C. v. Lucas Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-2911. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Lucas County Board of Revision
in order to implement a settlement, it is ordered by
the court that the cause is remanded to the Lucas
County Board of Revision to take further action as
appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the Lucas
County Board of Revision.
2015-1377. Central Tole, L.L.C. v. Lucas Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2014-2912. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Lucas County Board of Revision
in order to implement a settlement, it is ordered by
the court that the cause is remanded to the Lucas
County Board of Revision to take further action as
appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax
Appeals and the Lucas County Board of Revision.
2015-1813. E. College St., L.L.C. v. Lorain Cty.
Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4339 through
2014-4345. This cause is pending before the
court as an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 05-10-16
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
May 9, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
STEPHEN M. MCCAREL, 36, 2126 Lakeside Ave.
NW, Canton – Operating a Vehicle Under the
Influence of Alcohol, a Drug of Abuse, or a
Combination of Them
ZACHARY JOSEPH HOLMAN, 38, 508 8th St.
NE, Massillon – Illegal Manufacture of Drugs;
Illegal Assembly or Possession of Chemicals for
the Manufacture of Drugs; Aggravated
Possession of Drugs
Ohio Court Interpreter Services to Expand
The Ohio Supreme Court has approved new rules
to further improve access to the judicial system for
Ohioans who need foreign or sign language
interpretation.
The changes to rules 80 and 87, and the addition
of rule 89, in the Rules of Superintendence for the
Courts of Ohio take effect on July 1 and will:
Require interpreters for “ancillary court services”
other than a court or case function.
Add the designation “registered foreign language
interpreters” for interpreters who’ve demonstrated
language proficiency to interpret in a case or court
function but aren’t certified by the Supreme Court
because no certification exam exists.
The Supreme Court agreed with
recommendations of the Advisory Committee on
Language Services and the Commission on the
Rules of Superintendence to revise the proposed
language after reviewing public comment.
Examples of ancillary court services have been
added to the rules, including alternative dispute
resolution programs, pro se clinics, and court
information counters. Language has also been
added to outline the use of foreign or sign
language communications in conjunction with
those ancillary services.
The Ohio Supreme Court has taken steps to
improve access to the justice system for limited-
English proficient, deaf, hard-of-hearing, and
deaf-blind individuals. Those efforts include
establishing a certification program for court
interpreters, providing guidance for courts in
appointing certified interpreters, and developing a
complaint resolution process.
CASE ANNOUNCEMENTS
May 9, 2016
[Cite as 05/09/2016 Case Announcements #2,
2016-Ohio-2886.]
MOTION AND PROCEDURAL RULINGS
2016-0696. State v. Apanovitch.
Cuyahoga App. Nos. 102618 and 102698. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that
appellee shall file a response, if any, to appellant’s
emergency motion to stay in advance of
memorandum in support of jurisdiction and the
motion for leave to supplement emergency motion
to stay lower court proceedings with attached
exhibit no later than 12:00 p.m. on Tuesday, May
10, 2016.
CASE ANNOUNCEMENTS
May 9, 2016
[Cite as 05/09/2016 Case Announcements, 2016-
Ohio-2863.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MAY 9, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the May 9, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format. 2012-0215. State v. Clark,
145 Ohio St.3d 210, 2015-Ohio-3580. 2013-1248.
Lake Cty. Bar Assn. v. Mismas, 145 Ohio St.3d
1222, 2015-Ohio
327.
2014-0363. State v. Blankenship, 145 Ohio St.3d
221, 2015-Ohio-4624.
2014-0744. Steak ‘n Shake, Inc. v. Warren Cty.
Bd. of Revision, 145 Ohio
St.3d 244, 2015-Ohio-4836.
2014-0899. State ex rel. Williams, 145 Ohio St.3d
204, 2015-Ohio-3372.
2014-1062. State v. Polus, 145 Ohio St.3d 266,
2016-Ohio-655.
2015-0280. Disciplinary Counsel v. Brockler, 145
Ohio St.3d 270, 2016-Ohio
657.
2015-0541. In re Application of Scannell, 145
Ohio St.3d 258, 2016-Ohio-583.
2015-0969. State ex rel. Dillon v. Cottrill, 145 Ohio
St.3d 264, 2016-Ohio-626.
2015-1297. State ex rel. Richards, 145 Ohio St.3d
211, 2015-Ohio-3658.
2015-1350. State ex rel. Szymanowski v. Grahl,
145 Ohio St.3d 215, 2015Ohio-3699. 2015-1570.
State ex rel. Burroughs v. Summit Cty. Bd. of
Elections, 145 Ohio
St.3d 220, 2015-Ohio-4122.
2015-2029. Ohio State Bar Assn. v. Albright, 145
Ohio St.3d 1230, 2015-Ohio5392. 2016-0071.
State ex rel. Duclos v. Hamilton Cty. Bd. of
Elections, 145 Ohio
St.3d 254, 2016-Ohio-367.
2016-0274. In re Stacy, 145 Ohio St.3d 1234,
2016-Ohio-646.
15-AP-084. In re Disqualification of Dinkelacker,
145 Ohio St.3d 1222, 2015
Ohio-5669.
15-AP-092. In re Disqualification of Starn, 145
Ohio St.3d 1224, 2015-Ohio5675. 15-AP-097. In
re Disqualification of Luebbers, 145 Ohio St.3d
1226, 2015
Ohio-5671.
15-AP-100. In re Disqualification of Basinski, 145
Ohio St.3d 1227, 2015Ohio-5673. 15-AP-102. In
re Disqualification of Inderlied, 145 Ohio St.3d
1232, 2015
Ohio-5676.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2 05-09-16
2016-0632. State ex rel. R&L [Carriers] Shared
Servs., L.L.C. v. Indus. Comm.
Franklin App. No. 14AP-1018, 2016-Ohio-1082.
2016-0659. Worthington City Schools Bd. of Edn.
v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-585.
3 05-09-16
CASE ANNOUNCEMENTS
May 6, 2016
[Cite as 05/6/2016 Case Announcements #2,
2016-Ohio-2862.]
MOTION AND PROCEDURAL RULINGS
2016-0436. State ex rel. Odolecki v. Celebrezze.
In Mandamus, Prohibition, and Habeas Corpus.
This cause originated in this court on the filing of a
complaint for writs of mandamus, prohibition and
habeas corpus.
Upon consideration of respondents’ motions to
dismiss, it is ordered by the court that the motions
to dismiss are granted in part as to the portion of
the amended complaint requesting writs of
mandamus and prohibition.
It is further ordered that a limited writ of habeas
corpus is granted and the Eighth District Court of
Appeals is ordered to consider Douglas E.
Odolecki’s request for bond on an expedited
basis.
2016-0614. State ex rel. Jacquemin v. Union Cty.
Bd. of Elections.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition.
Upon consideration of relators’ motion to expedite
and the joint motion to set a briefing schedule, it is
ordered by the court that the motions are granted.
Accordingly, an alternative writ is granted and the
following briefing schedule is set for presentation
of evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05:
Respondent shall file an answer no later than May
9, 2016; relators’ merit brief and evidence shall be
filed no later than May 13, 2016; respondent’s
merit brief and evidence shall be filed no later
than May 27, 2016; and relators’ reply brief shall
be filed no later than June 3, 2016.
Kennedy and French, JJ., dissent and would deny
the motion to expedite as moot.
CASE ANNOUNCEMENTS
May 6, 2016
[Cite as 05/06/2016 Case Announcements, 2016-
Ohio-2853.]
MOTION AND PROCEDURAL RULINGS
2015-1940. Liran v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4899. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0560. Wilson v. Bracy.
In Habeas Corpus. This cause originated in this
court on the filing of a petition for a writ of habeas
corpus.
Upon consideration of petitioner’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
May 5, 2016
[Cite as 05/05/2016 Case Announcements, 2016-
Ohio-2822.]
MERIT DECISIONS WITH OPINIONS
2015-0539. In re Application of Myers, Slip
Opinion No. 2016-Ohio-2812.
On Report by the Board of Commissioners on
Character and Fitness, No. 570. Andrew Albert
Myers’s application for admission to the practice
of law in Ohio has been disapproved.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0540. In re Application of Swendiman, Slip
Opinion No. 2016-Ohio2813.
On Report by the Board of Commissioners on
Character and Fitness, No. 592. Matthew Ashley
Swendiman’s application for admission to the
Ohio bar without examination has been
disapproved.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., dissents and would permanently
deny admission.
Lanzinger and O’Neill, JJ., dissent and would
permanently deny admission without prior
examination.
2015-1288. State v. Heinz, Slip Opinion No. 2016-
Ohio-2814.
Cuyahoga App. No. 102178, 2015-Ohio-2763.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MISCELLANEOUS DISMISSALS
2015-1750. State ex rel. Mason Equity Group,
L.L.C. v. Indus. Comm.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0288. Washington v. Hooks.
Ross App. No. 15CA3521. This cause is pending
before the court as an appeal from the Court of
Appeals for Ross County. The records of this
court indicate that appellant has not filed a merit
brief, due April 25, 2016, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Ross County.
2016-0400. State ex rel. Walker v. Collier-
Williams.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0590. State ex rel. Petric v. Bracy.
In Habeas Corpus. This cause originated in this
court on the filing of a petition for a writ of habeas
corpus.
Upon consideration of petitioner’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 05-05-16
CASE ANNOUNCEMENTS 5/04/2016
[Cite as 05/04/2016 Case Announcements, 2016-
Ohio-2807.]
MERIT DECISIONS WITH OPINIONS
2014-1769. Toledo City School Dist. Bd. of Edn. v.
State Bd. of Edn., Slip Opinion No. 2016-Ohio-
2806.
Franklin App. Nos. 14AP-93, 14AP-94, and 14AP-
95, 2014-Ohio-3741. Decision
reversed and cause remanded. O’Connor, C.J.,
and O’Donnell, Kennedy, and French, JJ., concur.
Pfeifer, J., concurs in judgment with an opinion.
O’Neill, J., dissents with an opinion that
Lanzinger, J., joins.
2015-1221. State v. J.M., Slip Opinion No. 2016-
Ohio-2803.
Franklin App. No. 15AP-77, 2015-Ohio-2669.
Judgment reversed and cause
remanded. O’Connor, C.J., and Kennedy and
French, JJ., concur. Lanzinger, J., concurs in
judgment with an opinion that O’Neill, J., joins.
Pfeifer and O’Donnell, JJ., dissent and would
dismiss the cause and find that
no conflict exists.
2014-1836. Corrigan v. Testa, Slip Opinion No.
2016-Ohio-2805.
Board of Tax Appeals, No. 2012-3244. Decision
reversed and cause remanded. O’Connor, C.J.,
and Pfeifer, O’Donnell, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1831. State ex rel. Schroeder v. Cleveland.
In Mandamus. Upon consideration thereof, it is
ordered by the court, sua sponte, that an
alternative writ is granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs pursuant to
S.Ct.Prac.R. 12.05:
The parties shall file any evidence they intend to
present within 20 days of the date of this entry;
relators shall file a brief within 10 days of the filing
of the evidence; respondents shall file a brief
within 20 days after the filing of relators’ brief; and
relators may file a reply brief within 7 days after
the filing of respondents’ brief.
It is further ordered that respondents’ motion to
dismiss and relators’ motion for default judgment
are denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0070. Kessler v. Wells Fargo Bank, N.A.
In Mandamus. On respondent’s motion to dismiss.
Motion granted. Cause dismissed. On motion to
amend complaint. Motion denied. On motions for
default judgment and to amend memo opposing
motion to dismiss. Motions denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0124. Jones v. Lerner Sampson & Rothfuss
(LRS).
In Mandamus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed. On
motion to strike motion to dismiss. Motion denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0136. Johnson v. Ohio Dept. of Rehab. &
Corr.
Miscellaneous case. This cause originated in this
court on the filing of a complaint. Upon
consideration pursuant to S.Ct.Prac.R. 12.04, it is
ordered by the court that this cause is dismissed.
On motion for judgment. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0240. State ex rel. Ellis v. Burnside.
In Mandamus. On respondents’ motions to
dismiss. Motions granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0296. State ex rel. Victor v. Stupica.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo. Upon consideration pursuant to
S.Ct.Prac.R. 12.04, it is ordered by the court that
this cause is dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0305. State ex rel. Lumbus v. Jackson.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0319. State ex rel. Stanley v. Synenberg.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1995-0042. State v. Wogenstahl.
Hamilton App. No. C-930222. On motion to
vacate execution date and to reopen direct
appeal. Motion granted. Appellant’s execution
date scheduled for September 13, 2017, is hereby
stayed pending further order of this court.
O’Donnell, Lanzinger, and Kennedy, JJ., dissent.
2010-0854. State v. Kirkland.
Hamilton C.P. No. B0901629. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied. On motion for order or
relief. Motion granted. Cause remanded for new
mitigation and sentencing hearing.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent and
would deny the motion for order or relief.
2010-1373. State v. Thompson.
Summit C.P. No. CR2008072390. On application
for reopening under S.Ct.Prac.R. 11.06.
Application denied.
2016-0172. Cleveland v. Oles.
Cuyahoga App. No. 102835, 2016-Ohio-23. On
review of an order certifying a conflict. The court
determines that a conflict exists. The parties are
to brief the issue stated in the alternative at page
2 of the court of appeals’ journal entry dated
January 7, 2016, as follows:
“[I]n the course of a traffic stop, does the Fifth
Amendment to the United States Constitution and
Section 10, Article I of the Ohio Constitution
require a law enforcement officer to provide
Miranda warnings to a suspect who is removed
from his vehicle and placed in the front seat of a
police vehicle for questioning?”
The conflict cases are State v. Leonard, 1st Dist.
Hamilton No. C-060595, 2007-Ohio-3312; State v.
Rice, 1st Dist. Hamilton Nos. C-090071, C-
090072, and C-090073, 2009-Ohio-6632; State v.
Kraus, 1st Dist. Hamilton Nos. C-070428 and C-
070429, 2008-Ohio-3965; State v. Simmons, 2d
Dist. Montgomery No. 23991, 2011-Ohio-5561;
State v. Crowe, 5th Dist. Delaware No.
07CAC030015, 2008Ohio-330; State v. Mullins,
5th Dist. Licking No. 2006-CA-00019, 2006-
Ohio4674; State v. Coleman, 7th Dist. Mahoning
No 06 MA 41, 2007-Ohio-1573; State
v. Serafin, 11th Dist. Portage No. 2011-P-0036,
2012-Ohio-1456; and State v. Brocker, 11th Dist.
Portage No. 2015-Ohio-3412. It is ordered by the
court that the clerk shall issue an order for the
transmittal of the record from the Court of Appeals
for Cuyahoga County.
It is ordered by the court, sua sponte, that this
cause is consolidated with 2015-2081, Cleveland
v. Oles, and that briefing in 2016-0172 and 2016-
0282 shall be consolidated. The parties shall file
two originals of each of the briefs under
S.Ct.Prac.R. 16.02 through 16.04 and include
both case numbers on the cover of the briefs. The
parties shall otherwise comply with the
requirements of S.Ct.Prac.R. 16.01 through
16.04.
Pfeifer, O’Donnell, and French, JJ., dissent.
2016-0348. State ex rel. Greenacres Found. v.
Cincinnati.
Hamilton App. No. C-150038, 2015-Ohio-5479.
On review of an order certifying a conflict. It is
determined that no conflict exists within the
meaning of S.Ct.Prac.R. 8.02. Cause dismissed.
Kennedy, J., dissents.
2015-2095. Huber Hts. City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4980 through
2014-4987 and 2014-4989 through 2014-5014.
On motion to dismiss of Huber Heights City
Schools Board of Education. Motion granted.
Cause dismissed.
Pfeifer, J., dissents.
2015-2097. In re Application of 6011 Greenwich
Windpark, L.L.C.
Power Siting Board, No. 13-990-EL-BGN. On
motion to dismiss of the Ohio Power Siting Board
and motion to dismiss of 6011 Greenwich
Windpark, L.L.C. Motions granted. Cause
dismissed.
2016-0163. State ex rel. Cincinnati Enquirer v.
Ohio Dept. of Commerce, Div. of State Fire
Marshal.
In Mandamus. On motion of respondent State Fire
Marshal to stay discovery. Motion granted.
Lanzinger and O’Neill, JJ., dissent in part and
would grant an alternative writ.
Pfeifer, J., dissents and would deny the motion.
2016-0328. State v. Clark.
Cuyahoga App. No. 101863, 2015-Ohio-3027. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0337. State v. Watson.
Montgomery App. No. 26347, 2015-Ohio-4517.
On motion for leave to file delayed appeal. Motion
denied.
2016-0342. State v. Everson.
Mahoning App. No. 12 MA 128, 2016-Ohio-87. On
motion for leave to file delayed appeal. Motion
denied.
Lanzinger, Kennedy, and O’Neill, JJ., dissent.
2016-0350. State v. Minor.
Muskingum App. No. CT2014-0027, 2014-Ohio-
4660. On motion for leave to file delayed appeal.
Motion denied.
O’Neill, J., dissents.
2016-0352. U.S. Bank, N.A. v. Marks.
Summit App. No. 28035. On motion for stay of
lower court proceedings. Motion denied.
2016-0355. State v. Echols.
Cuyahoga App. No. 102504, 2015-Ohio-5138. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-0363. State v. Conners.
Licking App. No. 13CA0072. On motion for leave
to file delayed appeal. Motion denied.
2016-0373. State v. Wilson.
Mahoning App. No. 14 MA 138, 2015-Ohio-4808.
On motion for leave to file delayed appeal. Motion
denied.
2016-0383. State v. Irons.
Allen App. No. 1-15-72. On motion for leave to file
delayed appeal. Motion denied.
2016-0391. State v. Chandler.
Trumbull App. No. 2015-T-0033, 2016-Ohio-1017.
On motion for partial stay of execution of
judgment. Motion denied.
O’Neill, J., dissents.
2016-0392. State v. Bentley.
Ashtabula App. No. 2005-A-0026, 2006-Ohio-
2503. On motion for leave to file delayed appeal.
Motion denied.
O’Neill, J., not participating.
2016-0397. State v. Williams.
Butler App. No. CA2015-08-152. On motion for
leave to file delayed appeal. Motion denied.
O’Neill, J., dissents.
2016-0399. State v. Jones.
Hamilton App. No. C-150069. On motion for leave
to file delayed appeal. Motion denied.
O’Neill, J., dissents.
2016-0403. State v. Marcum.
Preble App. No. CA2015-04-011, 2016-Ohio-263.
On motion for leave to file delayed appeal. Motion
granted.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
APPEALS ACCEPTED FOR REVIEW
2016-0105. State v. Anderson.
Cuyahoga App. No. 102427, 2015-Ohio-5136.
Discretionary appeal accepted and cause
remanded to the Cuyahoga County Court of
Appeals for consideration of the matter en banc in
accordance with that court’s order filed March 3,
2016. The court notes that a timely motion for en
banc consideration tolls the time for filing a notice
of appeal from the court of appeals' entry of
judgment. See S.Ct.Prac.R. 7.01(A)(6).
Pfeifer and Lanzinger, JJ., dissent.
2016-0282. Cleveland v. Oles.
Cuyahoga App. No. 102835, 2016-Ohio-23. It is
ordered by the court, sua sponte, that this cause
is consolidated with 2016-0172, Cleveland v.
Oles, and that briefing in 2016-0172 and 2016-
0282 shall be consolidated. The parties shall file
two originals of each of the briefs under
S.Ct.Prac.R. 16.02 through 16.04 and include
both case numbers on the cover of the briefs. The
parties shall otherwise comply with the
requirements of S.Ct.Prac.R. 16.01 through
16.04.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2016-0395. In re C.C.S.
Franklin App. No. 15AP-884, 2016-Ohio-388.
Discretionary appeal accepted on Proposition of
Law No. III only.
Pfeifer, French, and O’Neill, JJ., would accept the
cause on all propositions of law.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2015-1311. Bank of New York Mellon v. Martin.
Hamilton App. No. C-140314, 2015-Ohio-2531.
O’Neill, J., dissents.
2015-1754. Freedom Mtge. Corp. v. Robbins.
Hamilton App. No. C-140475. Motion for stay and
renewed motion for stay denied as moot.
2015-1862. State v. Avery.
Scioto App. No. 14CA3613, 2015-Ohio-4251.
2015-1945. State v. Brooks.
Allen App. No. 1-14-51.
2015-2079. State v. Dickman.
Franklin App. No. 14AP-597, 2015-Ohio-1915.
French, J., dissents.
2016-0030. State v. Bridges.
Cuyahoga App. Nos. 102930 and 103090, 2015-
Ohio-5428.
2016-0034. Duke Energy Ohio, Inc. v. Cincinnati.
Hamilton App. No. C-1400763, 2015-Ohio-4844.
2016-0046. Salida Invest. Group v. Lake Cty. Util.
Dept.
Lake App. No. 2015-L-004, 2015-Ohio-5066.
Lanzinger and French, JJ., dissent.
2016-0049. State v. Moore.
Muskingum App. No. CT2015-0027, 2015-Ohio-
3435.
Lanzinger and O’Neill, JJ., dissent and would
accept the appeal and hold the cause for the
decision in 2016-0215, State v. Grimes.
2016-0056. Clark v. Grant Med. Ctr.
Franklin App. No. 14AP-833, 2015-Ohio-4958.
O’Neill, J., dissents.
2016-0057. Gara v. Gara.
Montgomery App. No. 26671, 2015-Ohio-4401.
2016-0061. State v. Schlichter.
Franklin App. No. 14AP-1020, 2015-Ohio-5276.
2016-0064. State v. Tabler.
Franklin App. No. 14AP-386, 2015-Ohio-2651.
2016-0065. Stovicek v. Parma.
Cuyahoga App. No. 102699, 2015-Ohio-5147.
Pfeifer, J., dissents.
2016-0069. State v. Dalmida.
Hamilton App. No. C-1400517, 2015-Ohio-4995.
2016-0076. State v. Hicks.
Cuyahoga App. No. 102206, 2015-Ohio-4978.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent and would accept the appeal and hold the
cause for the decision in 2014-0942, State v.
Walker.
2016-0081. State v. Hannah.
Franklin App. No. 15AP-212, 2015-Ohio-4964.
2016-0084. Mentor v. Sines, Inc.
Franklin App. No. 15AP-171, 2015-Ohio-5546.
O’Donnell and Kennedy, JJ., dissent.
2016-0085. State v. Jones.
Franklin App. No. 14AP-1050, 2015-Ohio-4998.
2016-0086. In re J.S.
Cuyahoga App. No. 102800, 2015-Ohio-4990.
O’Connor, C.J., dissents.
2016-0103. Mallett v. Cleveland Civ. Serv. Comm.
Cuyahoga App. No. 102559, 2015-Ohio-5140.
2016-0106. State v. Ramey.
Clark App. No. 14-CA-127, 2015-Ohio-5389.
O’Neill, J., dissents.
2016-0107. Vineyard Christian Fellowship of
Columbus v. Anderson.
Franklin App. Nos. 15AP-151 and 15AP-230,
2015-Ohio-5083.
2016-0110. State v. Rohrer.
Ross App. No. 14CA3471, 2015-Ohio-5333.
2016-0111. State v. Powers.
Franklin App. No. 15AP-422 and 15AP-424, 2015-
Ohio-5124. O’Donnell, Kennedy, and French, JJ.,
dissent.
2016-0120. Kerger & Hartman, L.L.C. v. Ajami.
Lucas App. No. L-14-1219, 2015-Ohio-5157.
O’Connor, C.J., dissents and would accept the
appeal on Proposition of Law No. I.
Lanzinger and O’Neill, JJ., dissent.
2016-0122. State v. Crawley.
Cuyahoga App. No. 102781, 2015-Ohio-5150.
2016-0126. State v. Hignite.
Warren App. No. CA2015-07-063, 2015-Ohio-
5204. Kennedy and O’Neill, JJ., dissent.
2016-0131. State v. West.
Muskingum App. No. CT2015-0048.
2016-0133. Rawlins v. Cleveland Indians Baseball
Co., Inc.
Cuyahoga App. No. 102574, 2015-Ohio-4587.
Kennedy, French, and O’Neill, JJ., dissent.
2016-0137. In re Dissolution of Smith Marriage.
Portage App. No. 2014-P-0056, 2015-Ohio-5522.
2016-0138. State v. Knoefel.
Lake App. No. 2014-L-088, 2015-Ohio-5207.
Pfeifer, J., dissents.
2016-0141. Stetz v. Copley Fairlawn Bd. of Edn.
Summit App. No. 27432, 2015-Ohio-4358.
2016-0142. Koeppen v. Columbus.
Franklin App. No. 15AP-56, 2015-Ohio-4463.
Pfeifer and O’Donnell, JJ., dissent.
2016-0144. Smith v. Ohio Dept. of Transp.
Franklin App. No. 15AP-521, 2015-Ohio-5240.
2016-0147. State v. Parks.
Hamilton App. No. C-140725.
2016-0149. Shields v. Tyack.
Franklin App. No. 15AP-114, 2015-Ohio-5369.
2016-0150. State v. Farmer.
Licking App. No. 15 CA 0044, 2015-Ohio-5434.
2016-0154. State v. Semenchuk.
Cuyahoga App. No. 102636, 2015-Ohio-5408.
2016-0155. Lima Area Chamber Found. v. Testa.
Allen App. No. 1-15-19, 2015-Ohio-5441. French,
J., dissents.
2016-0160. Patron v. Patron.
Stark App. No. 2015 CA 00088, 2015-Ohio-5404.
2016-0168. Walker v. Nationwide Mut. Ins. Co.
Franklin App. No. 15AP-520, 2015-Ohio-5371.
Kennedy, French, and O’Neill, JJ., dissent.
2016-0169. Federer v. Ohio Dept. of Natural
Resources, Div. of Wildlife.
Franklin App. No. 15AP-104, 2015-5368.
Lanzinger and Kennedy, JJ., dissent.
2016-0170. State v. Cedeno.
Cuyahoga App. Nos. 102327 and 102328, 2015-
Ohio-5412.
2016-0176. VanderLaan v. Panlik.
Hamilton App. No. C-150060, 2015-Ohio-5349.
O’Donnell, J., dissents.
2016-0182. State v. McGail.
Miami App. No. 2014-CA-27, 2015-Ohio-5384.
O’Neill, J., dissents.
2016-0184. State v. White.
Franklin App. No. 14AP-160, 2015-Ohio-5365.
2016-0185. State v. Carroll.
Franklin App. Nos. 15AP-409 and 15AP-410,
2015-Ohio-5577.
2016-0186. State v. Fussell.
Monroe App. No. 14 MO 18, 2016-Ohio-275.
2016-0187. State v. Stout.
Hardin App. No. 6-15-09.
2016-0188. McWreath v. Cortland Bank.
Trumbull App. No. 2013-T-0112, 2015-Ohio-5457.
O’Neill, J., dissents.
2016-0190. State v. Hudson.
Cuyahoga App. No. 102767, 2015-Ohio-5424.
2016-0195. State v. Mason.
Delaware App. No. 15-CAA-02-0017, 2015-Ohio-
5508.
2016-0210. State v. Rice.
Hamilton App. No. C-150191, 2015-Ohio-5481.
2016-0212. State v. Crockett.
Cuyahoga App. No. 103199, 2016-Ohio-220.
2016-0217. State v. Lackey.
Montgomery App. No. 26293, 2015-Ohio-5492.
2016-0221. State v. Tolbert.
Washington App. No. 15CA5, 2015-Ohio-4733.
2016-0225. State v. Farmer.
Licking App. No. 15-CA-49, 2015-Ohio-5511.
2016-0227. State v. Beem.
Licking App. No. 15-CA-76, 2015-Ohio-5587.
2016-0228. State v. Baker.
Hamilton App. No. C-150282.
2016-0243. State v. Wagner.
Erie App. No. E-14-098, 2015-Ohio-5502.
2016-0244. State ex rel. Greenacres Found. v.
Cincinnati.
Hamilton App. No. C-150038, 2015-Ohio-5479.
Kennedy, J., dissents.
2016-0245. State v. Vaughn.
Mahoning App. No. 13 MA 136, 2015-Ohio-5595.
2016-0249. State v. Wright.
Hancock App. No. 5-15-08.
2016-0255. State v. Zargoza.
Montgomery App. No. 26706, 2016-Ohio-144.
2016-0279. State v. Brown.
Scioto App. No. 14CA3629, 2016-Ohio-553.
2016-0281. State v. Godwin.
Cuyahoga App. No. 103224, 2016-Ohio-117.
2016-0284. State v. Franklin.
Wayne App. No. 14AP0055, 2016-Ohio-56.
2016-0292. State v. Marshall.
Cuyahoga App. No. 100736, 2016-Ohio-100.
2016-0298. State v. Littlepage.
Hamilton App. No. C-140574.
2016-0307. State v. Perkins.
Seneca App. Nos. 13-15-20 and 13-15-21.
2016-0318. State v. Culp.
Summit App. No. 27500, 2015-Ohio-2839.
2016-0320. State v. Black.
Cuyahoga App. No. 102586, 2016-Ohio-383.
2016-0326. Sentry Life Ins. Co. v. Chuchanis.
Stark App. No. 2015 CA 00063, 2016-Ohio-183.
2016-0331. In re Adoption of A.N.W.
Belmont App. No. 15 BE 0071, 2016-Ohio-463.
2016-0332. State v. Schaffer.
Cuyahoga App. No. 103960.
2016-0335. State v. Ward.
Franklin App. No. 15AP-794, 2016-Ohio-216
RECONSIDERATION OF PRIOR DECISIONS
2014-1025. Oak View Properties v. Franklin Cty.
Bd. of Revision.
Board of Tax Appeals, Nos. 2013-4286 and 2013-
4368. Reported at __ Ohio St.3d __, 2016-Ohio-
786, __ N.E.3d __. On amended motion for
reconsideration. Motion denied.
2014-1092. Clayton v. Ohio Bd. of Nursing.
Franklin App. No. 13AP-726, 2014-Ohio-2077.
Reported at __ Ohio St.3d __, 2016-Ohio-643, __
N.E.3d __. On motion for reconsideration. Motion
denied.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
2015-1660. Halasz v. Advanced Pain Mgt. Ctr.,
L.L.C.
Cuyahoga App. Nos. 103113 and 103117.
Reported at 144 Ohio St.3d 1504, 2016Ohio-652,
45 N.E.3d 1050. On motion for reconsideration of
Advanced Pain Management Center, L.L.C. and
Joanne Poje. Motion denied.
French, J., dissents.
2015-1696. State v. Gulley.
Cuyahoga App. No. 101527, 2015-Ohio-3582.
Reported at 144 Ohio St.3d 1505, 2016-Ohio-652,
45 N.E.3d 1050. On motion for reconsideration.
Motion denied.
Pfeifer, Lanzinger, and Kennedy, JJ., dissent.
2015-1724. State ex rel. Buchanan v. Evans.
In Mandamus. Reported at 144 Ohio St.3d 1502,
2016-Ohio-652, 45 N.E.3d 1048. On motion for
reconsideration. Motion denied. On motion to
strike respondent’s memo opposing motion for
reconsideration and sanctions. Motion denied.
2015-1822. State v. Simon.
Butler App. No. CA2015-05-0081, 2015-Ohio-
4448. Reported at 144 Ohio St.3d 1507, 2016-
Ohio-652, 45 N.E.3d 1051. On motion for
reconsideration. Motion denied.
2015-1919. State v. Jackson.
Cuyahoga App. No. 102394, 2015-Ohio-4274.
Reported at 145 Ohio St.3d 1409, 2016-Ohio-899,
46 N.E.3d 703. On motion for reconsideration.
Motion denied.
O’Connor, C.J., and French and O’Neill, JJ.,
dissent and would grant the motion and hold the
cause for decision in 2015-1427, State v. Jones.
CASE ANNOUNCEMENTS
May 3, 2016
[Cite as 05/03/2016 Case Announcements, 2016-
Ohio-2783.]
MERIT DECISIONS WITH OPINIONS
2014-1230. State v. Thompson, Slip Opinion No.
2016-Ohio-2769.
Madison App. No. CA2014-04-010. Judgment
reversed and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
2014-1796. White v. King, Slip Opinion No. 2016-
Ohio-2770.
Delaware App. No. 14 CAE 02 0010, 2014-Ohio-
3896. Judgment reversed and
cause remanded.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
Lanzinger, J., dissents with an opinion that
O’Connor, C.J., joins.
MOTION AND PROCEDURAL RULINGS
2015-1107. State v. Anderson.
Mahoning App. No. 11 MA 43, 2015-Ohio-2029.
This cause is pending before the court as an
appeal from the Court of Appeals for Mahoning
County.
Upon consideration of the motion of appellee and
amicus curiae, Ohio Attorney General Michael
DeWine, for divided oral-argument time, it is
ordered by the court that the motion is granted.
Amicus curiae shall share the time allotted to
appellee.
2015-1366. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3114. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals to
implement settlement agreement, it is ordered by
the court that the cause is remanded to the Board
of Tax Appeals to take further action as
appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0041. Relators Listed in Exhibit A v. Bessey.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for a writ of mandamus and prohibition.
Upon consideration of relators’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 05-03-16
CASE ANNOUNCEMENTS
May 3, 2016
[Cite as 05/03/2016 Case Announcements, 2016-
Ohio-2783.]
MERIT DECISIONS WITH OPINIONS
2014-1230. State v. Thompson, Slip Opinion No.
2016-Ohio-2769.
Madison App. No. CA2014-04-010. Judgment
reversed and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
2014-1796. White v. King, Slip Opinion No. 2016-
Ohio-2770.
Delaware App. No. 14 CAE 02 0010, 2014-Ohio-
3896. Judgment reversed and
cause remanded.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
Lanzinger, J., dissents with an opinion that
O’Connor, C.J., joins.
MOTION AND PROCEDURAL RULINGS
2015-1107. State v. Anderson.
Mahoning App. No. 11 MA 43, 2015-Ohio-2029.
This cause is pending before the court as an
appeal from the Court of Appeals for Mahoning
County.
Upon consideration of the motion of appellee and
amicus curiae, Ohio Attorney General Michael
DeWine, for divided oral-argument time, it is
ordered by the court that the motion is granted.
Amicus curiae shall share the time allotted to
appellee.
2015-1366. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3114. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals to
implement settlement agreement, it is ordered by
the court that the cause is remanded to the Board
of Tax Appeals to take further action as
appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0041. Relators Listed in Exhibit A v. Bessey.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for a writ of mandamus and prohibition.
Upon consideration of relators’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 05-03-16
CASE ANNOUNCEMENTS
May 2, 2016
[Cite as 05/02/2016 Case Announcements, 2016-
Ohio-2741.]
DISCIPLINARY CASES
2016-0648. In re Yavorcik.
On certified entry of felony conviction. Martin
Edward Yavorcik, Attorney Registration No.
0070681, is hereby suspended from the practice
of law for an interim period.
CASE ANNOUNCEMENTS
April 29, 2016
[Cite as 04/29/2016 Case Announcements, 2016-
Ohio-2738.]
DISCIPLINARY CASES
2012-2049 and 2014-1392. Disciplinary Counsel
v. Bunstine.
On application for reinstatement. Edward Royal
Bunstine, Attorney Registration No. 0030127, is
hereby reinstated to the practice of law.
2014-2148. Disciplinary Counsel v. Coleman.
On application for reinstatement. Marcus Edward
Coleman, Attorney Registration No. 0083164, is
hereby reinstated to the practice of law.
2014-2159. Disciplinary Counsel v. Quinn.
On application for reinstatement. Charles Richard
Quinn, Attorney Registration No. 0009417, is
hereby reinstated to the practice of law.
CASE ANNOUNCEMENTS
April 28, 2016
[Cite as 04/28/2016 Case Announcements, 2016-
Ohio-2710.]
MERIT DECISIONS WITH OPINIONS
2014-1560. State v. Barker, Slip Opinion No.
2016-Ohio-2708.
Hamilton App. No. C-130214, 2014-Ohio-3245.
Judgment reversed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell, J., dissents with an opinion that
Kennedy, J., joins.
2015-1633. Disciplinary Counsel v. Martinez, Slip
Opinion No. 2016-Ohio2709.
On Certified Report by the Board of Professional
Conduct, No. 2014-109. Hector Gerald Martinez,
Attorney Registration No. 0068832, is hereby
suspended from the practice of law in Ohio for six
months, all stayed on condition.
Pfeifer, Lanzinger, Kennedy, and O’Neill, JJ.,
concur.
O’Donnell, J., dissents with an opinion that
O’Connor, C.J., and French, J., join.
MOTION AND PROCEDURAL RULINGS
2015-1317. Ohio State Bar Assn. v. Owen.
This matter came on for further consideration
upon the filing by respondent of a motion to
reduce court costs.
It is ordered by the court, sua sponte, that within
ten days of the date of this entry, relator, the Ohio
State Bar Association, shall file an itemization of
its $4,312.19 in expenses in this case.
2016-0104. State ex rel. Fitzgerald v. Ohio Police
& Fire Pension Fund Bd. of Trustees.
Franklin App. No. 14AP-968, 2015-Ohio-5079.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of the joint motion for remand
to the court of appeals, it is ordered by the court
that the motion is granted and the cause is
remanded to the court of appeals to rule on the
pending motion to vacate.
It is further ordered that the briefing schedule in
this case is stayed pending further order of this
court and the parties shall notify the court within
ten days of the court of appeals ruling on the
motion to vacate.
2016-0231. State ex rel. Dynamic Industries, Inc.
v. Cincinnati.
Hamilton App. No. C-150563. This cause is
pending before the court as an appeal from the
Court of Appeals for Hamilton County.
Upon consideration of appellant’s motion to avoid
dismissal for want of prosecution, it is ordered by
the court that the motion is granted. Appellant
shall file its merit brief within seven days of the
date of this entry and the briefing in this case shall
otherwise proceed in accordance with the Rules
of Practice of the Supreme Court of Ohio.
DISCIPLINARY CASES
2015-1447. In re Mason.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
MISCELLANEOUS DISMISSALS
2015-1777. State ex rel. Washington v. Indus.
Comm.
Franklin App. No. 14AP-445, 2015-Ohio-3897.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2 04-28-16
CASE ANNOUNCEMENTS
April 27, 2016
[Cite as 04/27/2016 Case Announcements, 2016-
Ohio-2707.]
MERIT DECISIONS WITH OPINIONS
2014-1778. Geneva Area Recreational,
Educational & Athletic Trust v. Testa, Slip Opinion
No. 2016-Ohio-2695.
Board of Tax Appeals, No. 2012-841. Decision
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., not participating.
2015-1093. State v. Sergent, Slip Opinion No.
2016-Ohio-2696.
Lake App. No. 2013-L-125, 2015-Ohio-2603.
Judgment reversed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent and would answer
the certified question in the affirmative and would
affirm the judgment in accordance with the
opinion of the Eleventh District Court of Appeals.
MOTION AND PROCEDURAL RULINGS
2016-0291. Formica v. Dehner.
Warren App. No. CA2015-03-016, 2016-Ohio-75.
This cause is pending before the court as a
jurisdictional appeal.
Upon review of appellees’ memorandum in
response to jurisdiction, it is evident that it fails to
comply with S.Ct.Prac.R. 3.09(B)(1)(b), which
requires that the “text of all documents shall be at
least 12-point type.” Therefore, it is ordered by the
court, sua sponte, that the document is stricken.
Appellees shall file an amended memorandum in
response to jurisdiction that complies with all
provisions of the Rules of Practice of the Supreme
Court of Ohio within seven days of the date of this
entry.
DISCIPLINARY CASES
2014-2250. Mahoning Cty. Bar Assn. v. DiMartino.
It is ordered by this court, sua sponte, that Dennis
Armand DiMartino, Attorney Registration No.
0039270, last known business address in
Youngstown, Ohio, is found in contempt for failure
to comply with this court’s order of February 17,
2016, to wit: failure to surrender his attorney-
registration card and file an affidavit of compliance
on or before March 18, 2016.
2015-0276. Trumbull Cty. Bar Assn. v. Bodor.
It is ordered by this court, sua sponte, that Csaba
Andrew Bodor, Attorney Registration No.
0025613, last known business address in Warren,
Ohio, is found in contempt for failure to comply
with this court’s order of February 12, 2016, to wit:
failure to file an affidavit of compliance on or
before March 14, 2016.
2016-0032. Trumbull Cty. Bar Assn. v. Bellew.
It is ordered by this court, sua sponte, that
Timothy Eric Bellew, Attorney Registration No.
0067573, last known business address in Girard,
Ohio, is found in contempt for failure to comply
with this court’s order of February 12, 2016, to wit:
failure to file an affidavit of compliance on or
before March 14, 2016.
2016-0613. In re McNamee.
On certified entry of felony conviction. Brian
Francis McNamee, Attorney Registration No.
0040494, is hereby suspended from the practice
of law for an interim period.
MISCELLANEOUS DISMISSALS
2015-1678. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4335 and 2014-
4336. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2 04-27-16
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0495. Buckeye Terminals, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4958.
2016-0497. State ex rel. Pepper v. Ada-Liberty
Joint Ambulance Dist.
In Mandamus.
2016-0504. State ex rel. Tesack v. Miller.
In Mandamus.
2016-0505. State ex rel. Natl. Lime & Stone Co. v.
Marion Cty. Bd. of Commrs.
Marion App. No. 9-15-24, 2016-Ohio-859.
2016-0506. Merriweather v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-456.
2016-0509. State ex rel. McKee v. Union Metal
Corp.
Franklin App. No. 15AP-414, 2016-Ohio-1236.
2016-0541. Julia Realty, Ltd. v. Cuyahoga Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-657 and 2015-
658.
2016-0551. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4633.
2016-0568. Harrah’s Ohio Acquisition Co., L.L.C.
v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4596, 2014-
4810, 2014-4818, and 2014-4896.
3 04-27-16
2016-0575. State ex rel. Barnes v. Indus. Comm.
Franklin App. No. 15AP-170, 2016-Ohio-824.
4 04-27-16
CASE ANNOUNCEMENTS
April 26, 2016
[Cite as 04/26/2016 Case Announcements, 2016-
Ohio-2687.]
MOTION AND PROCEDURAL RULINGS
2016-0135. Johnson v. State.
In Procedendo. This cause came on for further
consideration upon the filing of relator’s “motion
for judgment” and “motion for judgment pursuant
to S.Ct.Prac.R. 12.07(B)(3).” It is ordered by the
court that the motions are denied as moot.
2016-0423. State v. Wogenstahl.
Hamilton App. No. C-140683, 2015-Ohio-5346.
This cause is pending before the court as a
jurisdictional appeal.
Upon review of the jurisdictional memorandum of
amici curiae, National Association of Criminal
Defense Lawyers and the Innocence Network, in
support of appellant, it is evident that Seth Miller
and Amelia R.V. Maxfield have not filed timely
motions for admission pro hac vice pursuant to
S.Ct.Prac.R. 2.02. Therefore, it is ordered by the
court, sua sponte, that Seth Miller and Amelia
R.V. Maxfield are stricken from the jurisdictional
memorandum of amici curiae, National
Association of Criminal Defense Lawyers and the
Innocence Network, for failure to comply with
S.Ct.Prac.R. 2.02.
2016-0605. State ex rel. Royster v. Ohio Adult
Parole Auth.
Franklin App. No. 15AP-863, 2016-Ohio-953. This
cause was filed as a jurisdictional appeal. Upon
consideration of appellant’s memorandum in
support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
The clerk shall issue an order for the transmittal of
the record from the Court of Appeals for Franklin
County, and the parties shall brief this case in
accordance with the Rules of Practice of the
Supreme Court of Ohio.
CASE ANNOUNCEMENTS
April 25, 2016
[Cite as 04/25/2016 Case Announcements, 2016-
Ohio-2669.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF APRIL 25, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the April 25, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0709. In re Complaint of Pilkington N. Am.,
Inc., 145 Ohio St.3d 125,
2015-Ohio-4797.
2014-0423 and 2014-1933. State ex rel. Claugus
Family Farm, L.P. v. Seventh
Dist. Court of Appeals, 145 Ohio St.3d 180, 2016-
Ohio-178.
2014-0451. Dillon v. Farmers Ins. of Columbus,
Inc., 145 Ohio St.3d 133,
2015-Ohio-5407.
2014-0852. Cuyahoga Cty. v. Testa, 145 Ohio
St.3d 157, 2016-Ohio-134.
2014-1273. State v. Leak, 145 Ohio St.3d 165,
2016-Ohio-154.
2014-1404. Disciplinary Counsel v. Corner, 145
Ohio St.3d 192, 2016-Ohio
359. 2014-1951. State ex rel. Moir v. Kovack, 145
Ohio St.3d 175, 2016-Ohio-158. 2014-2201. In re
Adoption of H.N.R., 145 Ohio St.3d 144, 2015-
Ohio-5476.
2015-0276. Trumbull Cty. Bar Assn. v. Bodor, 145
Ohio St.3d 1219, 2016Ohio-499.
2015-0683. Mahoning Cty. Bar Assn. v. Fagnano,
145 Ohio St.3d 1216, 2016Ohio-358.
2016-0032. Trumbull Cty. Bar Assn. v. Bellew, 145
Ohio St.3d 1214, 2016Ohio-502.
15-AP-073. In re Disqualification of Daugherty,
145 Ohio St.3d 1208, 2015Ohio-5668.
15-AP-078. In re Disqualification of Gilligan, 145
Ohio St.3d 1209, 2015Ohio-5663.
15-AP-080. In re Disqualification of Favreau, 145
Ohio St.3d 1212, 2015Ohio-5666.
2 04-25-16
Ohio Bar Exam Results Announced
By Stephanie Beougher | April 22, 2016
The Ohio Supreme Court today released results
from the February 2016 Ohio Bar Examination. Of
the 421 aspiring lawyers who sat for the exam,
57.2 percent (241) passed; out of 209 first-time
test takers, 70 percent received passing scores.
The exam was administered at the Greater
Columbus Convention Center on Feb. 23-25.
The successful applicants who meet all other
admission requirements will be sworn in during a
special session of the Supreme Court on Monday,
May 2 at 2 p.m. in the Palace Theatre in
Columbus.
The bar exam is administered twice a year by the
Court, which regulates the practice of law in Ohio,
including the admission of new attorneys, the
biennial registration of current attorneys, attorney
discipline in cases of misconduct, and the
administration of continuing legal education.
The July bar examination will be administered at
the Roberts Centre in Wilmington on July 26-28.
CASE ANNOUNCEMENTS
April 22, 2016
[Cite as 04/22/2016 Case Announcements, 2016-
Ohio-2651.]
MOTION AND PROCEDURAL RULINGS
2016-0189. 1384 Madison, L.L.C. v. Perry Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2014-4650. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Perry County Board of Revision
in order to implement a settlement, it is ordered by
the court that the cause is remanded to the Perry
County Board of Revision to take further action as
appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the Perry
County Board of Revision.
2016-0379. State ex rel. Littlepage v. Deters.
Hamilton App. No. C-160004. This cause is
pending before the court as an appeal from the
Court of Appeals for Hamilton County.
Upon consideration of appellant’s “motion for
order directing the clerk to prepare and serve a
certified copy of record filed 3/29/16,” it is ordered
by the court that the motion is denied as moot.
Appellant has been provided with a copy of the
record.
It is further ordered that appellant’s request for
extension of time to file merit brief is granted and
the time for filing appellant’s merit brief is
extended to May 19, 2016.
DISCIPLINARY CASES
2016-0600. In re Albright.
On certified entry of felony conviction. Joshua
Scott Albright, Attorney Registration No. 0087867,
is hereby suspended from the practice of law for
an interim period.
MISCELLANEOUS DISMISSALS
2016-0129. Berea City School Dist. Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-2858 and 2014-
3404. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 04-22-16
Subject: Travel Pool Report #3 - POTUS
questions
POTUS took three questions after his statement
at the conclusion of the GCC summit. With
apologies for typos, heres a very quick summary.
Please make sure you check quotes against
transcript
Asked about strains in the relationship with the
GCC allies, Obama said "a lot of the strain was
always overblown." He said the greatest area of
"tactical" differences centered on how to deal Iran.
POTUS said: "What I've said is we have to have a
"dual track" that includes a strong defense against
Iran and a "dialogue" that reaches out to "the
more reasonable forces in Iran so we don't see an
escalation in proxy fights across the region." He
said that the high level of mistrust, centered on
past Iranian aggression, made starting such a
dialogue hard.
Some of the GCC allies warned against being
"naive" regarding Iran. But Obama pointed to the
nuclear deal with Iran as proof that dialogue could
work.
He said he reminded the GCC allies that the US
and Soviets talked throughout the Cold War.
POTUS said that the US and GCC allies had
"extensively cooperated on counter terrorism."
He also cited progress since last years summit.
"We have a new government in Libya that is very
nascent... " he said and credited effective
diplomatic pressure from the US and GCC allies
for making possible the cease fire in Yemen and
the Iran nuclear deal.
"At any point in time there are going to be
differences in tactics," he said of the US GCC
relationship and said that the differences focused
largely on Iran.
Q: About PM Abadi in Iraq and whether he has a
plan B in Syria
A: Of Abadi's government, POTUS said: "I'm
concerned. I think Prime Minister Abadi has been
a good partner for us."
But he added that the challenges for Abadi's
government dont fall along traditional sectarian
lines. "There's significant dissension and disputes
even among the Shia power blocks."
He said it is "up to the Iraqis to make these
decisions." But he said that "We do think, however
that it is vital for the health and stability of Iraq that
the cabinet and the makeup of the government is
finalized and stabilized."
He said that "we have been urging them to get
that done."
On Syria, he said that if the cessation of hostilities
collapses, as appears possible, "None of the
options are good. It has been my view
consistently that we have to get a political solution
inside of syria, and that all of the external actors
involved had to be committed to that."
He said that "the problem with any Plan B that
does not involve a political settlement is that it
means more fighting, potentially for years.
Whoever comes out on top will be standing on top
of a country that's been devastated."
He repeated what he has said before about the
reasons for wanting Assad to go not just because
he killed his people, but because "it's hard to
conceive of him being at the head of a
government that would end the fighting" by being
legitimate.
--
--
Michael D. Shear
White House Correspondent
The New York Times
CASE ANNOUNCEMENTS
April 21, 2016
[Cite as 04/21/2016 Case Announcements, 2016-
Ohio-2618.]
MERIT DECISIONS WITH OPINIONS
2012-2098 and 2013-0228. In re Comm. Rev. of
the Capacity Charges of Ohio Power Co., Slip
Opinion No. 2016-Ohio-1607.
Public Utilities Commission, No. 10-2929-EL-
UNC. Orders affirmed in part and reversed in part,
and cause remanded.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer, J., dissents with an opinion that O’Neill, J.,
joins.
2013-0521. In re Application of Columbus S.
Power Co., Slip Opinion No. 2016-Ohio-1608.
Public Utilities Commission, Nos. 11-346-EL-SSO,
11-348-EL-SSO, 11-349-ELAAM, and 11-350-EL-
AAM. Orders affirmed in part and reversed in part,
and cause remanded.
O’Donnell, Kennedy, and French, JJ., concur.
O’Connor, C.J., concurs in part and dissents in
part with an opinion that Lanzinger, J., joins.
Pfeifer, J., concurs in part and dissents in part
with an opinion that O’Neill, J., joins.
2015-0846. State ex rel. Dawson v. Summit Cty.
Court of Common Pleas, Slip Opinion No. 2016-
Ohio-1597.
Summit App. No. 27728. Judgment affirmed.
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
O’Connor, C.J., not participating.
2015-0907. State ex rel. Abraitis v. Gallagher, Slip
Opinion No. 2016-Ohio1598.
Cuyahoga App. Nos. 101855 and 102246, 2015-
Ohio-1646. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1004. Disciplinary Counsel v. Jackson, Slip
Opinion No. 2016-Ohio1599.
On Certified Report by the Board of Professional
Conduct, No. 2014-107. Jesse Jackson Jr.,
Attorney Registration No. 0086184, is hereby
suspended from the practice of law in Ohio for a
period of two years, with reinstatement on
condition.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1365. State ex rel. T.L.M. v. Judges of the
First Dist. Court of Appeals, Slip Opinion No.
2016-Ohio-1601.
In Prohibition. Writ granted and motion to stay
denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1398. State ex rel. Rudert v. Collier, Slip
Opinion No. 2016-Ohio-1600.
Henry App. No. 7-15-05. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
MOTION AND PROCEDURAL RULINGS
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report, it is
ordered by the court that the stay of the briefing
schedule is hereby extended. The parties shall
notify the court within 60 days from the date of
this entry of the status and whether the stay may
be lifted.
2 04-21-16
DISCIPLINARY CASES
2016-0370. Disciplinary Counsel v. Leneghan.
On certification of default. Patrick Peter
Leneghan, Attorney Registration No. 0041931, is
hereby suspended from the practice of law for an
interim period.
3 04-21-16
CASE ANNOUNCEMENTS 4/20/2016
[Cite as 04/20/2016 Case Announcements, 2016-
Ohio-1596.]
MERIT DECISONS WITH OPINIONS
2011-0857. State v. Obermiller, Slip Opinion No.
2016-Ohio-1594.
Cuyahoga C.P. No. CR-10-542119-A. Judgment
affirmed. O’Connor, C.J., O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur. Pfeifer, J.,
concurs in part and dissents in part with an
opinion. O’Neill, J., concurs in part and dissents in
part with an opinion in which
Pfeifer, J., joins in part.
2012-0902. State v. Belton, Slip Opinion No.
2016-Ohio-1581.
Lucas C.P. No. CR200802934. Judgment
affirmed. O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, and French, JJ., concur.
O’Neill, J., concurs in part and dissents in part.
2014-0718. State v. Arnold, Slip Opinion No.
2016-Ohio-1595.
Seneca App. No. 13-13-27, 2014-Ohio-1134.
Judgment affirmed. O’Connor, C.J., and Pfeifer
and Kennedy, JJ., concur. French, J., concurs in
judgment with an opinion. O’Donnell, J., dissents
with an opinion. Lanzinger, J., dissents with an
opinion. O’Neill, J., dissents with an opinion.
2015-1001. Disciplinary Counsel v. Thomas, Slip
Opinion No. 2016-Ohio1582.
On Certified Report by the Board of Professional
Conduct, No. 2014-081. James William Thomas
Jr., Attorney Registration No. 0074051, is hereby
indefinitely suspended from the practice of law in
Ohio.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent and would permanently disbar the
respondent.
2015-1635. Disciplinary Counsel v. Rosenfield,
Slip Opinion No. 2016-Ohio1583.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2014-111. Ronald Lee Rosenfield, Attorney
Registration No. 0021093, is hereby indefinitely
suspended from the practice of law in Ohio, with
no credit for time served under interim felony
suspension.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents and would grant the
respondent credit for time served under interim
felony suspension.
2015-1636. Geauga Cty. Bar Assn. v. Bond, Slip
Opinion No. 2016-Ohio-1587.
On Certified Report by the Board of Professional
Conduct, No. 2015-014. Daniel Earl Bond,
Attorney Registration No. 0003004, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents, and would dismiss the cause.
2015-1639. Disciplinary Counsel v. Smith, Slip
Opinion No. 2016-Ohio-1584.
On Certified Report by the Board of Professional
Conduct, No. 2015-023. Kierra Loree Smith,
Attorney Registration No. 0083862, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1598. State ex rel. Kraus v. Rosenberger.
In Quo Warranto. On motion to dismiss. Motion
granted. On motion to strike motion to dismiss.
Motion denied. On motion for leave to file
amended complaint. Motion denied. Cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur. O’Neill, J.,
dissents and would deny the motion to dismiss,
grant the motion for leave to file an amended
complaint, and grant an alternative writ.
2015-1751. State ex rel. Farnsworth Hill Co.,
L.L.C. v. Fuerst.
In Prohibition. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1903. State ex rel. Wolfe v. Second Dist.
Court of Appeals.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1982. Stevenson v. Rogers.
In Mandamus. On complaint in mandamus of
Robert Stevenson. On S.Ct.Prac.R.
12.04 determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-2060. State ex rel. Meyers v. Stupica.
In Prohibition. On answer of respondent Judge
Terri L. Stupica. On motion to dismiss of James
M. Gillette. Motion granted. On motion to dismiss
of State of Ohio. Motion granted. On motion for
leave to supplement the record for state/federal
appellate court review. Motion denied. On motion
to stay proceedings. Motion denied.
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur. O’Connor, C.J., not
participating
2015-2075. State ex rel. Reeves v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. On complaint in mandamus of
William J. Reeves. On S.Ct.Prac.R.
12.04 determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0016. Anderson v. Coleman.
Miscellaneous case. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0038. State ex rel. McDuffie v. Saffold.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0040. Case v. Myers.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0062. State ex rel. Brooks v. Saffold.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0075. State ex rel. Bloodworth v. Piper.
In Mandamus. On motion to dismiss. Motion
granted. On motion to strike motion to dismiss.
Motion denied. Cause dismissed. O’Connor, C.J.,
and Pfeifer, O’Donnell, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
2016-0077. Harper v. Styer.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
It is further ordered by the court, sua sponte, that
Henry N. Harper is found to be a vexatious
litigator under S.Ct.Prac.R. 4.03(B). Accordingly, it
is ordered by the court that Henry N. Harper is
prohibited from continuing or instituting legal
proceedings in this court without first obtaining
leave. Any request for leave shall be submitted to
the clerk of this court for the court's review.
O’Connor, C.J., and Pfeifer, O’Donnell, French,
and O’Neill, JJ., concur. Lanzinger and Kennedy,
JJ., concur in part and would grant the motion to
dismiss but would not declare petitioner to be a
vexatious litigator.
2016-0078. Foster v. Ohio Dept. of Rehab. & Corr.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2016-0115. State ex rel. Evans v. Clerk, Ohio
Court of Claims.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0125. Hansen v. State.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0135. Johnson v. State.
In Procedendo. On complaint in procedendo of
Ronald G. Johnson. On S.Ct.Prac.R. 12.04
determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0156. State ex rel. Lightfoot v. Van Horn.
In Mandamus. On motion to dismiss. Motion
granted. On motion to strike motion to dismiss.
Motion denied. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0173. State ex rel. Harris v. Bracy.
In Mandamus. On complaint in mandamus of
Dwayne Harris. On S.Ct.Prac.R.
12.04 determination, cause dismissed.
It is further ordered that respondents’ motion to
declare relator a vexatious litigator is granted.
Dwayne Harris is found to be a vexatious litigator
under S.Ct.Prac.R. 4.03(B). Accordingly, it is
ordered by the court that Dwayne Harris is
prohibited from continuing or instituting legal
proceedings in this court without first obtaining
leave. Any request for leave shall be submitted to
the clerk of this court for the court's review.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur. Kennedy, J.,
dissents from the court’s grant of the motion to
declare petitioner a vexatious litigator.
2016-0178. State ex rel. Bloodworth v. Powell.
In Mandamus. On motion to dismiss of
respondent Twelfth District Court of Appeals.
Motion granted. Cause dismissed.
On motion to have relator declared a vexatious
litigator pursuant to S.Ct.Prac.R. 4.03(B). Motion
denied. On motion to strike. Motion denied as
moot.
Pfeifer, O’Donnell, Kennedy, French, and O’Neill,
JJ., concur.
O'Connor, C.J., and Lanzinger, J., dissent from
the court’s denial of the motion to declare relator a
vexatious litigator.
2016-0193. Johnson v. Clerk of Courts.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0196. Johnson v. Ohio Dept. of Rehab. &
Corr.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2016-0198. Reece v. Singer.
In Procedendo. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-0390. State ex rel. Cincinnati Enquirer v.
Ohio Dept. of Pub. Safety.
In Mandamus. On request for oral argument.
Request granted. O’Connor, C.J., and Pfeifer and
O’Donnell, JJ., dissent.
2015-0393. Anderson v. State.
Miscellaneous case. On motion to prevent the
miscarriage of justice. Motion denied.
2015-0460. Dana Corp. v. Testa.
Board of Tax Appeals, No. 2011-2287. On motion
to dismiss Tax Commissioner for lack of standing.
Motion granted in part and denied in part. The tax
commissioner lacks standing to advance an
affirmative challenge to the decision of the Board
of Tax Appeals by way of cross-appeal, and to
that extent the cross-appeal is dismissed. But the
tax commissioner may assert by cross-appeal
alternative grounds for affirmance of the decision
below, and accordingly the motion to dismiss is
denied to the extent that the cross-appeal is
purely protective.
O'Donnell, J., dissents.
2015-1074. State ex rel. Ohio Presbyterian
Retirement Servs., Inc. v. Indus. Comm.
Franklin App. No. 14AP-624, 2015-Ohio-2122. On
request for oral argument. Request denied.
2015-1222. State ex rel. Cincinnati Enquirer v.
Deters.
In Mandamus. On motion for oral argument.
Motion granted. O’Connor, C.J., and Pfeifer and
O’Donnell, JJ., dissent.
2015-1514. State v. Henry.
Crawford App. No. 3-15-01. On motion to stay.
Motion denied.
2015-1858. In re Estate of Cvanciger.
Lake App. No. 2014-L-095, 2015-Ohio-4318. On
motion to strike. Motion denied. Appellant shall
immediately serve a copy of the notice of appeal
and memorandum in support of jurisdiction on the
appellee. Appellee may file a memorandum in
response to jurisdiction within 30 days of the date
of this entry.
On motion for sanctions for frivolous action.
Motion denied.
O’Donnell and Lanzinger, JJ., dissent and would
grant the motion to strike.
2016-0166. Richland Carrousel Park, Inc. v. Testa.
Board of Tax Appeals, No. 2014-4090. On motion
to dismiss for want of jurisdiction. Motion granted.
The court finds that appellant failed to serve its
notice of appeal by certified mail as expressly
required by R.C. 5717.04. The tax commissioner
has not waived his right to certified-mail service.
Appeal dismissed for lack of jurisdiction.
Pfeifer, J., dissents.
2016-0175. State v. Bell.
Lake App. No. 2015-L-017, 2015-Ohio-4775. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2016-0197. State v. Choate.
Summit App. No. 27612, 2015-Ohio-4972. On
motion for leave to file delayed appeal. Motion
denied.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2016-0201. State v. Mustafa.
Franklin App. Nos. 15AP-465 and 15AP-466,
2015-Ohio-5370. On review of an order certifying
a conflict. The court determines that a conflict
exists. Sua sponte, cause consolidated with 2016-
0179, State v. Mustafa, and held for decision in
2015-1782, State v. Shalash, and briefing
schedule stayed.
Pfeifer, J., dissents.
2016-0211. State v. McGowan.
Ashtabula App. No. 2015-A-0015, 2015-Ohio-
4430. On motion for leave to file delayed appeal.
Motion denied.
Lanzinger and O’Neill, JJ., dissent.
2016-0220. State v. O’Neal.
Medina App. No. 15CA0052-M, 2015-Ohio-5181.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy, J., dissents.
2016-0222. State v. Becraft.
Clark App. No. 2013-CA-54, 2015-Ohio-3911. On
motion for leave to file delayed appeal. Motion
denied.
Lanzinger and Kennedy, JJ., dissent.
2016-0226. State v. James.
Cuyahoga App. No. 102604, 2015-Ohio-4987. On
motion for leave to file delayed appeal. Motion
granted.
Pfeifer, O’Donnell, and French, JJ., dissent.
2016-0232. State v. Huhn.
Perry App. No. 15-CA-00006, 2015-Ohio-4929.
On motion for leave to file delayed appeal. Motion
denied.
2016-0236. State v. Harris.
Franklin App. No. 15AP-141, 2015-Ohio-4961. On
motion for leave to file delayed appeal. Motion
denied.
Lanzinger and O’Neill, JJ., dissent.
2016-0254. State v. Black.
Hamilton App. No. C-130327. On motion for leave
to file delayed appeal. Motion denied.
Lanzinger and O’Neill, JJ., dissent.
2016-0277. State v. Callender.
Franklin App. No. 15AP-15, 2015-Ohio-4255. On
motion for leave to file delayed appeal. Motion
denied.
2016-0280. State v. Boone.
Lucas App. No. L-14-1145, 2015-Ohio-2944. On
motion for leave to file delayed appeal. Motion
denied.
2016-0289. State v. English.
Montgomery App. No. 26337, 2015-Ohio-1665.
On motion for leave to file delayed appeal. Motion
denied.
2016-0300. State v. Bertuzzi.
Marion App. No. 9-15-01. On motion for leave to
file delayed appeal. Motion denied.
2016-0308. State v. Irby.
Trumbull App. No. 2015-T-0018, 2015-Ohio-5467.
On motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-0323. State v. Warren.
Cuyahoga App. No. 101469, 2015-Ohio-604. On
motion for leave to file delayed appeal. Motion
denied.
Kennedy and O’Neill, JJ., dissent.
2016-0331. In re Adoption of A.N.W.
Belmont App. No. 15 BE 0071, 2016-Ohio-463.
On motion for stay of court of appeals’ judgment.
Motion denied.
2016-0358. State v. Baker.
Montgomery App. No. 26703, 2016-Ohio-315. On
motion to stay the court of appeals’ January 29,
2016 decision and maintain that court’s stay of
her sentence. Motion denied.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
2016-0377. State v. Hucks.
Ross App. No. 15CA3488, 2016-Ohio-323. On
motion to stay execution of sentence. Motion
denied.
Lanzinger and O’Neill, JJ., dissent.
2016-0395. In re C.C.S.
Franklin App. No. 15AP-884, 2016-Ohio-388. On
motion for stay of adoption proceedings. Motion
granted.
APPEALS ACCEPTED FOR REVIEW
2016-0118. State v. Jackson.
Summit App. No. 27133, 2015-Ohio-5246.
Discretionary appeal accepted on Proposition of
Law No. I only. Cause held for decision in 2015-
1782, State v. Shalash, and briefing schedule
stayed.
Pfeifer and Lanzinger, JJ., dissent.
2016-0179. State v. Mustafa.
Franklin App. Nos. 15AP-465 and 15AP-466,
2015-Ohio-5370. Discretionary appeal accepted
on Proposition of Law No. II only. Sua sponte,
cause consolidated with 2016-0201, State v.
Mustafa, and held for decision in 2015-1782,
State v. Shalash, and briefing schedule stayed.
Kennedy, French, and O’Neill, JJ., would accept
the cause on all Propositions of Law/
Pfeifer, O’Donnell, and Lanzinger, JJ., dissent.
2016-0353. In re A.J.
Crawford App. No. 3-15-12, 2016-Ohio-248.
O’Connor, C.J., and Lanzinger, J., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2015-2068. State v. Farmer.
Cuyahoga App. No. 102552, 2015-Ohio-4676.
2015-2077. U.S. Bank, N.A. v. Wilkens.
Cuyahoga App. No. 103168.
2015-2083. Nist v. Nexeo Solutions, L.L.C.
Franklin App. No. 14AP-854, 2015-Ohio-3363.
Pfeifer and O’Neill, JJ., dissent.
2015-2087. State v. Andrews.
Lake App. No. 2015-L-042, 2015-Ohio-4638.
Motion for default judgment and/or demand for
final order denied as moot.
2015-2089. State v. Long. Lake App. No. 2013-L-
102.
2015-2090. Great Water Capital Partners, L.L.C.
v. Down-lite Internatl., Inc.
Hamilton App. No. C-150015, 2015-Ohio-4877.
2015-2096. State v. Wine.
Auglaize App. No. 2-15-07, 2015-Ohio-4726.
2015-2098. State v. Tango.
Cuyahoga App. No. 102208, 2015-Ohio-5133.
2015-2099. Cook v. Ohio Dept. of Job & Family
Servs.
Franklin App. Nos. 14AP-852 and 14AP-853.
O’Donnell, J., dissents.
2015-2100. Polaris Owners Assn., Inc. v. Solomon
Oil Co.
Delaware App. No. 14 CAE 11 0075, 2015-Ohio-
4948. French, J., dissents.
2015-2101. Fabish v. Harnak.
Delaware App. No. 15 CAG 04 0036, 2015-Ohio-
4777.
2015-2104. State v. Benson.
Cuyahoga App. No. 101669.
2015-2110. State v. Swift.
Geauga App. No. 2014-G-3245, 2015-Ohio-4773.
2016-0001. State v. Bossler.
Stark App. No. 2015CA00192.
2016-0002. State v. Breneman.
Champaign App. No. 2013-CA-27, 2015-Ohio-
4783.
2016-0005. Caterpillar Fin. Servs. Corp. v. Harold
Tatman & Son’s, Ents., Inc.
Ross App. No. 14CA3449, 2015-Ohio-4884.
O’Donnell, J., dissents.
2016-0006. State v. Sowell.
Cuyahoga App. No. 102752, 2015-Ohio-4770.
2016-0008. In re Guardianship of Bolog.
Stark App. No. 2015CA00016, 2015-Ohio-4095.
2016-0009. State v. Blake.
Cuyahoga App. No. 102420, 2015-Ohio-4762.
O’Donnell, J., dissents.
2016-0011. Soberay v. Greyhound Lines, Inc.
Cuyahoga App. No. 103749. O’Donnell, J.,
dissents.
2016-0017. Settler's Walk Home Owners Assn. v.
Phoenix Settlers Walk, Inc.
Warren App. Nos. CA2014-09-116, CA2014-09-
117, and CA2014-09-118, 2015Ohio-4821.
Kennedy, J., dissents.
2016-0018. Dietrich v. Dobos.
Franklin App. No. 15AP-2, 2015-Ohio-4866.
O’Neill, J., dissents.
2016-0019. Carbone v. Sericola.
Trumbull App. No. 2014-T-0109, 2015-Ohio-4025.
2016-0022. State v. Hoover-Moore.
Franklin App. No. 14AP-1049, 2015-Ohio-4863.
Pfeifer, J., dissents.
2016-0023. State v. Clark.
Highland App. No. 14CA20, 2015-Ohio-5003.
O’Donnell and Lanzinger, JJ., dissent.
2016-0026. Rohrer v. State.
Franklin App. No. 15AP-697, 2015-Ohio-4872.
2016-0028. State v. Finnell.
Hamilton App. Nos. C-140547 and C-140548,
2015-Ohio-4842.
2016-0035. State v. Davis.
Medina App. No. 15CA0004-M, 2015-Ohio-5182.
2016-0036. State v. Gates.
Fairfield App. No. 14-CA-60, 2015-Ohio-4950.
2016-0044. State v. Brantley.
Lorain App. No. 15CA010853.
2016-0045. State v. Sims.
Hamilton App. No. C-150252 and C-150253,
2015-Ohio-4996. French and O’Neill, JJ., dissent.
2016-0047. State v. Hamberg.
Hamilton App. No. C-140536, 2015-Ohio-5074.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2016-0048. In re A.M.
Athens App. No. 14CA49, 2015-Ohio-5610.
O’Neill, J., dissents.
2016-0055. State v. Workman.
Auglaize App. No. 2-15-05, 2015-Ohio-5049.
2016-0058. State v. Feagin.
Richland App. No. 15CA41, 2015-Ohio-5107.
2016-0059. State v. Mapp.
Union App. No. 14-15-24.
2016-0060. State v. Reyes.
Portage App. No. 2015-P-0009, 2015-Ohio-5344.
2016-0066. State v. Banks.
Seneca App. No. 13-15-33.
2016-0067. Rayess v. Staton.
Montgomery App. No. 26683, 2015-Ohio-5169.
Motion to consolidate denied. O’Donnell, J.,
dissents, and would accept the appeal.
2016-0068. State v. Hopson.
Stark App. No. 2014CA00163, 2015-Ohio-2848.
2016-0072. State v. Moss.
Fairfield App. No. 14-CA-52, 2015-Ohio-3466.
2016-0082. State v. Murphy.
Stark App. No. 2015CA00024, 2015-Ohio-5108.
2016-0087. State v. Armstead.
Montgomery App. No. CA 26640, 2015-Ohio-
5010. O’Donnell and Kennedy, JJ., dissent.
2016-0093. State v. Caraballo.
Cuyahoga App. No. 103771.
2016-0095. State v. Conn.
Warren App. No. CA2015-05-045, 2015-Ohio-
5037.
2016-0097. State v. McClure.
Clermont App. No. CA2015-06-045, 2015-Ohio-
5203.
2016-0098. Yidi, L.L.C. v. JHB Hotel, L.L.C.
Cuyahoga App. No. 103630.
2016-0101. State v. N.D.C.
Franklin App. No. 15AP-63, 2015-Ohio-3643.
O’Neill, J., dissents.
2016-0109. In re R.R.
Summit App. No. 27572, 2015-Ohio-5245.
French, J., dissents.
2016-0112. State v. Jackson.
Summit App. No. 27479, 2015-Ohio-5096.
2016-0114. State v. Kelly.
Cuyahoga App. No. 102413, 2015-Ohio-5272.
2016-0116. State v. Kinder.
Cuyahoga App. No. 103847.
2016-0117. Johnson v. Jefferson Industries Corp.
Madison App. No. CA2015-06-019, 2015-Ohio-
5035. O’Neill, J., dissents.
2016-0119. State v. Howard.
Knox App. No. 15 CA 18.
2016-0121. State v. Bulls.
Summit App. No. 27713, 2015-Ohio-5094.
2016-0123. State v. Henry.
Summit App. No. 27392, 2015-Ohio-5095.
O’Neill, J., dissents and would accept the appeal
and hold the cause for decision in 2015-1892,
State v. Rahab.
O’Connor, C.J., not participating.
2016-0127. State v. Jackson.
Summit App. No. 27132, 2015-Ohio-5246.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
dissent and would accept the appeal on
Proposition of Law No. I only and hold the cause
for decision in 2015-1782, State v. Shalash.
2016-0128. State v. Ferguson.
Lake App. No. 2015-L-031, 2015-Ohio-5217.
2016-0130. State v. Jackson.
Montgomery App. No. 26050, 2015-Ohio-5490.
2016-0132. State v. Everett.
Hamilton App. No. C-140275, 2015-Ohio-5273.
2016-0139. State v. Congress.
Cuyahoga App. No. 102867, 2015-Ohio-5264.
2016-0140. State v. Smith.
Cuyahoga App. No. 102893, 2015-Ohio-5265.
Kennedy, French, and O’Neill, JJ., dissent and
would accept the appeal, vacate the decision, and
remand the cause for application of State v. Leak,
Slip Opinion No. 2016-Ohio-154.
2016-0143. State v. DePina.
Stark App. No. 2014CA00091, 2015-Ohio-2254.
O’Neill, J., dissents.
2016-0148. State v. Hoston.
Cuyahoga App. No. 102730, 2015-Ohio-5422.
2016-0151. State v. Sebestyen.
Medina App. No. 15CA0054-M.
2016-0153. State v. Gibson.
Cuyahoga App. No. 102704, 2015-Ohio-5258.
2016-0158. State v. Mote.
Mercer App. No. 10-15-05, 2015-Ohio-3715.
2016-0161. State v. Mills.
Montgomery App. No. 26619, 2015-Ohio-5385.
O’Donnell, J., dissents.
2016-0165. State v. Beechler.
Clark App. No. 2014-CA-139, 2015-Ohio-4106.
2016-0209. State v. Grable.
Clark App. No. 2014-CA-52.
2016-0229. State v. Myers. Wood App. No. WD-
13-048.
2016-0235. State v. Chavis.
Franklin App. No. 15AP-557, 2015-Ohio-5549.
2016-0237. State v. Pyles.
Mahoning App. No. 13 MA 22, 2015-Ohio-5594.
2016-0276. State v. Quinn.
Clark App. No. 2014-CA-95, 2016-Ohio-140.
2016-0278. State v. Quinn.
Clark App. No. 2014-CA-44, 2016-Ohio-139.
RECONSIDERATION OF PRIOR DECISIONS
2014-0358. Lycan v. Cleveland.
Cuyahoga App. No. 99698, 2014-Ohio-203.
Reported at __ Ohio St.3d __, 2016Ohio-422, __
N.E.3d __. On motion for reconsideration. Motion
fails for want of four votes.
O’Connor, C.J., and Lanzinger and Kennedy, JJ.,
dissent.
O’Donnell, J., not participating.
2014-0828. Rite Aid of Ohio, Inc. v. Washington
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2011-1760. Reported
at __ Ohio St.3d __, 2016-Ohio371, __ N.E.3d __.
On motion for reconsideration. Motion denied.
2015-1539. Pratt v. Easton Technical Prods., Inc.
Stark App. No. 2014CA00144, 2015-Ohio-3180.
Reported at 144 Ohio St.3d
1476, 2016-Ohio-467, 45 N.E.3d 244. On motion
for reconsideration. Motion
denied.
O’Donnell and Kennedy, JJ., dissent.
2015-1585. Federman v. Christ Hosp.
Hamilton App. No. C-140495. Reported at 144
Ohio St.3d 1477, 2016-Ohio-467, 45 N.E.3d 244.
On motion for reconsideration. Motion denied.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2015-1591. In re Grand Jury Proceedings State v.
Doe.
Mahoning App. No. 14 MA 73. Reported at 144
Ohio St.3d 1477, 2016-Ohio-467, 45 N.E.3d 244.
On motion for reconsideration. Motion denied.
Pfeifer, Kennedy, and O’Neill, JJ., dissent.
2015-1605. RAE Assoc., Inc. v. Nexus
Communications, Inc.
Franklin App. No. 14AP-482, 2015-Ohio-2166.
Reported at 144 Ohio St.3d 1477, 2016-Ohio-467,
45 N.E.3d 244. On motion for reconsideration.
Motion denied.
Kennedy, J., dissents.
2015-1625. Jacobs v. Cuyahoga Metro. Hous.
Auth.
Cuyahoga App. No. 102248, 2015-Ohio-2278.
Reported at 144 Ohio St.3d 1478, 2016-Ohio-467,
45 N.E.3d 245. On motion for reconsideration.
Motion denied.
O’Donnell, J., dissents.
2015-1627. Toman v. State Farm Mut. Auto. Ins.
Co.
Cuyahoga App. No. 102483, 2015-Ohio-3351.
Reported at 144 Ohio St.3d 1478, 2016-Ohio-467,
45 N.E.3d 245. On motion for reconsideration.
Motion denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-1650. Lakota v. Ashtabula.
Ashtabula App. No. 2015-A-0010, 2015-Ohio-
3413. Reported at 144 Ohio St.3d 1478, 2016-
Ohio-467, 45 N.E.3d 245. On motion for
reconsideration. Motion denied.
O’Donnell and French, JJ., dissent, and would
grant the motion and hold the cause for decision
in 2014-2079, Baker v. Wayne Cty.
Kennedy, J., dissents.
2015-1833. State v. Meyers.
Geauga App. Nos. 2015-G-0005, 2015-G-0006,
and 2015-G-0007, 2015-Ohio4238. Reported at
144 Ohio St.3d 1479, 2016-Ohio-467, 45 N.E.3d
245. On motion for leave to supplement the
record for state/federal appellate court review.
Motion denied. On motion for reconsideration.
Motion denied.
2015-1853. State ex rel. Andrews v. Cicconetti.
In Procedendo. Reported at 144 Ohio St.3d 1473,
2016-Ohio-467, 45 N.E.3d 241. On motion for
reconsideration. Motion denied.
2015-1943. Thomas v. Lake Cty. Court of
Common Pleas, Juvenile Div.
In Prohibition. Reported at 144 Ohio St.3d 1473,
2016-Ohio-467, 45 N.E.3d 242. On motion for
reconsideration. Motion denied. On motion to
strike and demand to hold respondents attorneys
in contempt. Motion denied.
2015-1954. State v. Goff.
Clinton App. No. CA2015-08-017. Reported at
144 Ohio St.3d 1472, 2016-Ohio457, 45 N.E.3d
240. On motion for reconsideration. Motion
granted. Appellant’s motion for stay filed
December 8, 2015 is treated as a brief on the
merits for purposes of the instant appeal, the
court of appeals’ November 15, 2015 judgment
denying appellant a stay of execution is reversed,
and execution of appellant’s sentence is stayed
pending final disposition of his direct appeal
currently pending before the court of appeals.
CASE ANNOUNCEMENTS
April 19, 2016
[Cite as 04/19/2016 Case Announcements, 2016-
Ohio-1586.]
MERIT DECISIONS WITH OPINIONS
2014-1891. Combs v. Ohio Dept. of Natural
Resources, Div. of Parks & Recreation, Slip
Opinion No. 2016-Ohio-1565.
Franklin App. No. 14AP-193, 2014-Ohio-4025.
Judgment affirmed.
Pfeifer and O’Donnell, JJ., concur.
O’Connor, C.J., and O’Neill, J., concur in
judgment only.
Kennedy, J., dissents with an opinion that
Lanzinger and French, JJ., join.
2014-2079. Baker v. Wayne Cty., Slip Opinion No.
2016-Ohio-1566.
Wayne App. No. 13CA0029, 2014-3529.
Judgment reversed.
Lanzinger, Kennedy, and French, JJ., concur.
O’Connor, C.J., concurs in judgment only.
Pfeifer, J., dissents with an opinion that O’Neill, J.,
joins.
O’Donnell, J., dissents for the reasons stated in
the opinion of the Ninth District Court of Appeals.
O’Neill, J., dissents with an opinion.
2015-0622. State ex rel. Nye v. Coates, Slip
Opinion No. 2016-Ohio-1559.
Summit App. No. 27276. Appeal dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0628. Stolz v. J & B Steel Erectors, Inc., Slip
Opinion No. 2016-Ohio1567.
Certified Question of State Law, United States
District Court, Southern District of Ohio, Western
Division, No. 1:14-cv-44. Certified question of
state law answered in the affirmative.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and O’Neill, JJ., concur.
French, J., dissents with an opinion that Pfeifer,
J., joins.
2015-0782. State ex rel. Morgan v. Fais, Slip
Opinion No. 2016-Ohio-1564.
Franklin App. No. 14AP-910, 2015-Ohio-1514.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2 04-19-16
CASE ANNOUNCEMENTS
April 18, 2016
[Cite as 04/18/2016 Case Announcements #2,
2016-Ohio-1585.]
MOTION AND PROCEDURAL RULINGS
2016-0436. State ex rel. Odolecki v. Celebrezze.
This cause originated in this court on the filing of a
complaint for a writ of mandamus, prohibition and
habeas corpus.
It is ordered by the court, sua sponte, that the
respondents shall file a response to the amended
emergency complaint no later than seven days
from the date of this entry. If respondents file a
motion to dismiss or motion for judgment on the
pleadings, relator shall file a response, if any, to
respondents’ motion within three days of the filing
of the motion.
CASE ANNOUNCEMENTS
April 18, 2016
[Cite as 04/18/2016 Case Announcements, 2016-
Ohio-1570.]
MOTION AND PROCEDURAL RULINGS
2015-0917. T. Ryan Legg Irrevocable Trust v.
Testa.
Board of Tax Appeals, No. 2013-A-1469. This
cause is pending before the court as an appeal
from the Board of Tax Appeals.
Upon consideration of the motions for admission
pro hac vice of Bailey Roese and Reva D.
Campbell, it is ordered by the court that the
motions are granted. Pursuant to Gov.Bar R.
XII(4), counsel shall file a notice of permission to
appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2016-0496. State v. Price.
Cuyahoga App. No. 103282, 2016-Ohio-711. This
cause is pending before the court as a
jurisdictional appeal.
Upon review of the notice of appeal and lower
court decision submitted by appellant, Morrio R.
Green, to perfect this appeal, it appears that the
case name and number stated in the notice of
appeal do not match the case name and number
of the court of appeals’ decision that is attached to
the motion for stay and memorandum in support
of jurisdiction.
Therefore, it is ordered by the court, sua sponte,
that appellant shall file an amended motion for
stay and memorandum in support of jurisdiction
with the court of appeals’ decision attached that
has the same case name and number as
indicated in the notice of appeal, within 14 days of
the date of this entry.
DISCIPLINARY CASES
2015-1541. In re Resignation of Sliwinski.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2 04-18-16
CASE ANNOUNCEMENTS
April 15, 2016
[Cite as 04/15/2016 Case Announcements, 2016-
Ohio-1555.]
DISCIPLINARY CASES
2005-1115. Columbus Bar Assn. v. Winkfield.
This cause came on for further consideration
upon the filing by a panel of the Board of
Professional Conduct of a report and
recommendation on relator’s petition for
revocation of probation, recommending that the
court issue an order denying relator’s petition in
part and modifying the conditions of its June 12,
2014 reinstatement order. The panel further
recommends that the court grant relator’s petition
in part, find respondent in contempt, and allow
respondent to be purged of the contempt upon
compliance with the modified conditions. Relator
filed objections to said report, respondent filed an
answer, and this matter was considered by the
court.
Upon consideration thereof, it is ordered by the
court that relator’s petition for revocation of
probation is denied in part. It is further ordered
that the conditions of the June 12, 2014
reinstatement order are modified as follows: (1)
respondent shall undergo an evaluation by the
Ohio Lawyers Assistance Program (“OLAP”)
within 60 days of the date of this order, (2) OLAP
shall assume the duty of monitoring respondent
and shall report to relator regarding respondent’s
compliance with the court’s order, (3) respondent
shall continue to serve the three-year probation
ordered on June 12, 2014, and shall serve an
additional two years of monitored probation, (4)
respondent shall promptly and fully comply with all
recommendations made by OLAP in regard to
treatment for both his mental health and the use
of alcohol, and (5) respondent shall refrain from
any further illegal conduct.
It is further ordered by the court that relator’s
petition for revocation of probation is granted in
part. Respondent is found in contempt for his
violations of conditions two and three of the June
12, 2014 reinstatement order. It is further ordered
that respondent may purge himself of contempt
upon providing proof that he is in compliance with
the modified conditions of the reinstatement order.
It is further ordered that respondent be taxed the
costs of these proceedings in the amount of
$2,344.41, which costs shall be payable to this
court by cashier’s check or money order on or
before 90 days from the date of this order. It is
further ordered that if these costs are not paid in
full on or before 90 days from the date of this
order, interest at the rate of ten percent per
annum shall accrue as of 90 days from the date of
this order and the matter may be referred to the
attorney general for collection. It is further ordered
that respondent is liable for all collection costs
pursuant to R.C. 131.02 if the debt is certified to
the attorney general for collection.
2015-1197. Disciplinary Counsel v. Bellew.
On order to show cause. Timothy Eric Bellew,
Attorney Registration No. 0067573, is hereby
indefinitely suspended from the practice of law in
Ohio.
2016-0349. In re Resignation of Finan.
On application for resignation from the practice of
law of Nancy Cole Finan, Attorney Registration
No. 0042335, and on report filed under seal by
disciplinary counsel. Resignation accepted with
disciplinary action pending.
2 04-15-16
CASE ANNOUNCEMENTS
April 14, 2016
[Cite as 04/14/2016 Case Announcements, 2016-
Ohio-1532.]
MERIT DECISIONS WITH OPINIONS
2014-1626. Christian Voice of Cent. Ohio v. Testa,
Slip Opinion No. 2016Ohio-1527.
Board of Tax Appeals, No. 2011-1446. Decision
reversed.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., dissents with an opinion in which
Lanzinger, J., joins.
Lanzinger, J., dissents with an opinion in which
O’Neill, J., joins in part.
2015-0055. State v. Henton, Slip Opinion No.
2016-Ohio-1518.
Ashtabula App. No. 2014-A-0045, 2014-Ohio-
5311. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0363. State ex rel. N.G. v. Cuyahoga Cty.
Court of Common Pleas, Juvenile Div., Slip
Opinion No. 2016-Ohio-1519.
Cuyahoga App. No. 101425, 2014-Ohio-4390.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-0604. State ex rel. Chester Twp. v. Grendell,
Slip Opinion No. 2016Ohio-1520.
In Prohibition. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1195. State v. Henry, Slip Opinion No. 2016-
Ohio-1525.
Crawford App. No. 3-5-01. Appeal dismissed in
part and judgment affirmed in part.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0150. State v. Farmer.
Licking App. No. 15 CA 0044, 2015-Ohio-5434.
This cause is pending before the court as a
jurisdictional appeal.
Review of appellant’s memorandum in support of
jurisdiction reveals that it fails to comply with
S.Ct.Prac.R. 7.02(B), which requires that a
memorandum “shall not exceed fifteen numbered
pages, exclusive of the table of contents and the
certificate of service.” Therefore, it is ordered by
the court, sua sponte, that pages numbered 18-38
of the memorandum in support of jurisdiction are
stricken.
MISCELLANEOUS DISMISSALS
2016-0200. State ex rel. McQueen v. Branson.
Allen App. No. 1-15-74. This cause is pending
before the court as an appeal from the Court of
Appeals for Allen County. The records of this court
indicate that appellant has not filed a merit brief,
due April 5, 2016, in compliance with the Rules of
Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Allen County.
2 04-14-16
CASE ANNOUNCEMENTS
April 13, 2016
[Cite as 04/13/2016 Case Announcements, 2016-
Ohio-1517.]
MERIT DECISIONS WITH OPINIONS
2013-1874. In re Application of Champaign Wind,
L.L.C., Slip Opinion No. 2016-Ohio-1513.
Power Siting Board, No. 12-160-EL-BGN. Order
affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., dissents with an opinion in which
Pfeifer, J., joins.
2014-1036. Westerville City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-1506.
Board of Tax Appeals, Nos. 2012-1763, 2012-
1764, and 2012-1765. Decision affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1000. Disciplinary Counsel v. Salters, Slip
Opinion No. 2016-Ohio-1505.
On Certified Report by the Board of Professional
Conduct, No. 2014-090. Gerald Wayne Salters,
Attorney Registration No. 0075470, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1023. State ex rel. Boyd v. Scotts Miracle-
Gro Co., Slip Opinion No. 2016-Ohio-1508.
Franklin App. No. 14AP-413, 2015-Ohio-2352.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer, J., concurs in judgment only.
Lanzinger, J., dissents.
2015-1082. State ex rel. Capron v. Dattilio, Slip
Opinion No. 2016-Ohio-1504.
Columbiana App. No. 2015 CO 00008, 2015-
Ohio-1900. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MISCELLANEOUS DISMISSALS
2016-0270. State v. V.W.
Franklin App. No. 14AP-1045, 2015-Ohio-5543.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0447. State ex rel. Ortiz v. Cleveland.
In Mandamus.
2016-0453. Whirlpool Corp. v. Hancock Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-122.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-279 and 2015-
280.
2 04-13-16
2016-0102. NWD 300 Spring, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-106, 2015-123
through 2015-145, 2015-147 through 2015-164,
2015-169 through 2015-182, 2015-184 through
2015-190, 2015-193, and 2015-194.
3 04-13-16
Board of Professional Conduct Releases Advisory
Opinion About a Lawyer’s Duty to Report Another
Lawyer’s Misconduct
By Board of Professional Conduct | April 15, 2016
The Board of Professional Conduct released an
advisory opinion regarding a lawyer’s duty to
report unprivileged knowledge of another lawyer’s
misconduct.
With the release of Advisory Opinion 2016-2, the
board withdraws Advisory Opinion 90-01, which
addressed the same topic under the former Code
of Professional Responsibility.
Advisory Opinion 2016-2 addresses a lawyer’s
possession of privileged information obtained
during the representation of a client that raises
questions about the ethical conduct of the client’s
previous lawyer. The board determined that
under Prof.Cond.R. 1.6, a lawyer may not reveal
information related to the representation of his
client or protected by the attorney-client privilege,
including information related to the possible
misconduct of the client’s previous lawyer, unless
the client consents to the disclosure. A lawyer
may encourage a client to consent to disclosure
for purposes of reporting the misconduct under
Prof.Cond.R. 8.3.
A lawyer with actual and unprivileged knowledge
of another lawyer’s misconduct is required to
report the misconduct to the Office of Disciplinary
Counsel or a certified grievance committee, if the
violation raises questions as to the other lawyer’s
“honesty, trustworthiness, or fitness as a lawyer in
other respects.”
Advisory Opinion 2016-2 is the second in a series
of opinions that will be reissued by the board
during the next several months. The board is
evaluating previously issued opinions that offer
advice under the former Code of Professional
Responsibility or former Code of Judicial Conduct.
These opinions will be updated and reissued to
provide guidance under the existing Rules of
Professional Conduct and Code of Judicial
Conduct.
Advisory Opinions of the Board of Professional
Conduct are nonbinding opinions in response to
prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the
Government of the Bar of Ohio, the Supreme
Court Rules for the Government of the Judiciary,
the Ohio Rules of Professional Conduct, the Ohio
Code of Judicial Conduct, and the Attorney’s Oath
of Office.
Board of Professional Conduct Releases Advisory
Opinion About a Lawyer’s Duty to Report Another
Lawyer’s Misconduct
By Board of Professional Conduct | April 15, 2016
The Board of Professional Conduct released an
advisory opinion regarding a lawyer’s duty to
report unprivileged knowledge of another lawyer’s
misconduct.
With the release of Advisory Opinion 2016-2, the
board withdraws Advisory Opinion 90-01, which
addressed the same topic under the former Code
of Professional Responsibility.
Advisory Opinion 2016-2 addresses a lawyer’s
possession of privileged information obtained
during the representation of a client that raises
questions about the ethical conduct of the client’s
previous lawyer. The board determined that
under Prof.Cond.R. 1.6, a lawyer may not reveal
information related to the representation of his
client or protected by the attorney-client privilege,
including information related to the possible
misconduct of the client’s previous lawyer, unless
the client consents to the disclosure. A lawyer
may encourage a client to consent to disclosure
for purposes of reporting the misconduct under
Prof.Cond.R. 8.3.
A lawyer with actual and unprivileged knowledge
of another lawyer’s misconduct is required to
report the misconduct to the Office of Disciplinary
Counsel or a certified grievance committee, if the
violation raises questions as to the other lawyer’s
“honesty, trustworthiness, or fitness as a lawyer in
other respects.”
Advisory Opinion 2016-2 is the second in a series
of opinions that will be reissued by the board
during the next several months. The board is
evaluating previously issued opinions that offer
advice under the former Code of Professional
Responsibility or former Code of Judicial Conduct.
These opinions will be updated and reissued to
provide guidance under the existing Rules of
Professional Conduct and Code of Judicial
Conduct.
Advisory Opinions of the Board of Professional
Conduct are nonbinding opinions in response to
prospective or hypothetical questions regarding
the application of the Supreme Court Rules for the
Government of the Bar of Ohio, the Supreme
Court Rules for the Government of the Judiciary,
the Ohio Rules of Professional Conduct, the Ohio
Code of Judicial Conduct, and the Attorney’s Oath
of Office.
CASE ANNOUNCEMENTS
April 13, 2016
[Cite as 04/13/2016 Case Announcements, 2016-
Ohio-1517.]
MERIT DECISIONS WITH OPINIONS
2013-1874. In re Application of Champaign Wind,
L.L.C., Slip Opinion No. 2016-Ohio-1513.
Power Siting Board, No. 12-160-EL-BGN. Order
affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., dissents with an opinion in which
Pfeifer, J., joins.
2014-1036. Westerville City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-1506.
Board of Tax Appeals, Nos. 2012-1763, 2012-
1764, and 2012-1765. Decision affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1000. Disciplinary Counsel v. Salters, Slip
Opinion No. 2016-Ohio-1505.
On Certified Report by the Board of Professional
Conduct, No. 2014-090. Gerald Wayne Salters,
Attorney Registration No. 0075470, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1023. State ex rel. Boyd v. Scotts Miracle-
Gro Co., Slip Opinion No. 2016-Ohio-1508.
Franklin App. No. 14AP-413, 2015-Ohio-2352.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer, J., concurs in judgment only.
Lanzinger, J., dissents.
2015-1082. State ex rel. Capron v. Dattilio, Slip
Opinion No. 2016-Ohio-1504.
Columbiana App. No. 2015 CO 00008, 2015-
Ohio-1900. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MISCELLANEOUS DISMISSALS
2016-0270. State v. V.W.
Franklin App. No. 14AP-1045, 2015-Ohio-5543.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0447. State ex rel. Ortiz v. Cleveland.
In Mandamus.
2016-0453. Whirlpool Corp. v. Hancock Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2015-122.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-279 and 2015-
280.
2 04-13-16
2016-0102. NWD 300 Spring, L.L.C. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2015-106, 2015-123
through 2015-145, 2015-147 through 2015-164,
2015-169 through 2015-182, 2015-184 through
2015-190, 2015-193, and 2015-194.
3 04-13-16
CASE ANNOUNCEMENTS
April 14, 2016
[Cite as 04/14/2016 Case Announcements, 2016-
Ohio-1532.]
MERIT DECISIONS WITH OPINIONS
2014-1626. Christian Voice of Cent. Ohio v. Testa,
Slip Opinion No. 2016Ohio-1527.
Board of Tax Appeals, No. 2011-1446. Decision
reversed.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., dissents with an opinion in which
Lanzinger, J., joins.
Lanzinger, J., dissents with an opinion in which
O’Neill, J., joins in part.
2015-0055. State v. Henton, Slip Opinion No.
2016-Ohio-1518.
Ashtabula App. No. 2014-A-0045, 2014-Ohio-
5311. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0363. State ex rel. N.G. v. Cuyahoga Cty.
Court of Common Pleas, Juvenile Div., Slip
Opinion No. 2016-Ohio-1519.
Cuyahoga App. No. 101425, 2014-Ohio-4390.
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-0604. State ex rel. Chester Twp. v. Grendell,
Slip Opinion No. 2016Ohio-1520.
In Prohibition. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1195. State v. Henry, Slip Opinion No. 2016-
Ohio-1525.
Crawford App. No. 3-5-01. Appeal dismissed in
part and judgment affirmed in part.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0150. State v. Farmer.
Licking App. No. 15 CA 0044, 2015-Ohio-5434.
This cause is pending before the court as a
jurisdictional appeal.
Review of appellant’s memorandum in support of
jurisdiction reveals that it fails to comply with
S.Ct.Prac.R. 7.02(B), which requires that a
memorandum “shall not exceed fifteen numbered
pages, exclusive of the table of contents and the
certificate of service.” Therefore, it is ordered by
the court, sua sponte, that pages numbered 18-38
of the memorandum in support of jurisdiction are
stricken.
MISCELLANEOUS DISMISSALS
2016-0200. State ex rel. McQueen v. Branson.
Allen App. No. 1-15-74. This cause is pending
before the court as an appeal from the Court of
Appeals for Allen County. The records of this court
indicate that appellant has not filed a merit brief,
due April 5, 2016, in compliance with the Rules of
Practice of the Supreme Court of Ohio and
therefore has failed to prosecute this cause with
the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Allen County.
2 04-14-16
CASE ANNOUNCEMENTS
April 11, 2016
[Cite as 04/11/2016 Case Announcements, 2016-
Ohio-1483.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF APRIL 11, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the April 11, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0572. Disciplinary Counsel v. Troller, 145
Ohio St.3d 1207, 2016-Ohio
53.
2013-1628. State ex rel. Precision Steel Servs.,
Inc. v. Indus. Comm., 145 Ohio St.3d 76, 2015-
Ohio-4798.
2014-0516. Warrensville Hts. City School Dist. Bd.
of Edn. v. Cuyahoga Cty. Bd. of Revision, 145
Ohio St.3d 115, 2016-Ohio-78.
2014-0656. State ex rel. Huntington Natl. Bank v.
Kontos, 145 Ohio St.3d 102, 2015-Ohio-5190.
2014-1141. State ex rel. Ohio Republican Party v.
FitzGerald, 145 Ohio St.3d 92, 2015-Ohio-5056.
2014-1409 and 2014-1411. State v. Mercier, 145
Ohio St.3d 123, 2016-Ohio
128.
2014-1555. In re Application of Libretti, 145 Ohio
St.3d 67, 2015-Ohio-4338.
2014-1798. Talawanda City School Dist. Bd. of
Edn. v. Testa, 145 Ohio St.3d 108, 2015-Ohio-
5450.
2014-1977. Megaland GP, L.L.C. v. Franklin Cty.
Bd. of Revision, 145 Ohio St.3d 84, 2015-Ohio-
4918.
2015-1002. Columbus Bar Assn. v. Balaloski, 145
Ohio St.3d 121, 2016-Ohio
86.
15-AP-064. In re Disqualification of Markus, 145
Ohio St.3d 1201, 2015-Ohio5612.
15-AP-069. In re Disqualification of Sutula, 145
Ohio St.3d 1203, 2016-Ohio
441.
15-AP-081. In re Disqualification of Slagle, 145
Ohio St.3d 1204, 2015-Ohio5664.
MOTION AND PROCEDURAL RULINGS
2014-1633. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report filed
by appellants and appellee, it is ordered by the
court that the stay of the briefing schedule is
hereby extended. The parties shall notify the court
within 60 days from the date of this entry of the
status and whether the stay may be lifted.
2015-0677. State v. Aalim.
Montgomery App. No. 26249, 2015-Ohio-892.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion of amicus curiae
Ohio Attorney General Michael DeWine to
participate in oral argument scheduled for
Wednesday, April 20, 2016, it is ordered by the
court that the motion is granted. Amicus curiae
Ohio Attorney General Michael DeWine is allotted
five minutes of oral-argument time in addition to
the 15 minutes allotted to appellee, the state of
Ohio. Appellant is permitted 20 total minutes of
oral-argument time for this case.
2 04-11-16
2015-1427. State v. Jones.
Cuyahoga App. No. 101258, 2015-Ohio-2853.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the joint motion of appellant
and amicus curiae Ohio Attorney General Michael
DeWine for divided oral-argument time scheduled
for Wednesday, April 20, 2016, it is ordered by the
court that the motion is granted. Amicus curiae
Ohio Attorney General Michael DeWine shall
share the time allotted to appellant.
2016-0455. State ex rel. Jones v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ motion requesting
service on respondent Ohio Secretary of State
Jon A. Husted, it is ordered by the court that the
motion is granted. The clerk of this court shall
serve a summons and copy of the complaint on
respondent Ohio Secretary of State Jon A. Husted
at the address provided in the motion.
DISCIPLINARY CASES
2016-0507. In re Sciortino.
On certified entry of felony conviction. Michael
Vincent Sciortino, Attorney Registration No.
0077089, is hereby suspended from the practice
of law for an interim period.
3 04-11-16
CASE ANNOUNCEMENTS
April 7, 2016
[Cite as 04/07/2016 Case Announcements, 2016-
Ohio-1454.]
MOTION AND PROCEDURAL RULINGS
2015-0794. Mason Cos., Inc. v. Testa.
Board of Tax Appeals, Nos. 2012-1169 and 2012-
2806. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the motion for admission
pro hac vice of Martin I. Eisenstein, it is ordered
by the court that the motion is granted. Pursuant
to Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2016-0133. Rawlins v. Cleveland Indians Baseball
Co., Inc.
Cuyahoga App. No. 102574, 2015-Ohio-4587.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Paul F. Keneally, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar
R. XII(4), counsel shall file a notice of permission
to appear pro hac vice with the Supreme Court’s
Office of Attorney Services within 30 days of the
date of this entry.
2016-0302. State ex rel. Bennett v. Aldi, Inc.
Franklin App. No. 14AP-632, 2016-Ohio-83. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of the motion of Ronald E.
Slipski to withdraw as counsel for appellee, it is
ordered by the court that the motion is granted.
DISCIPLINARY CASES
2013-0924. Disciplinary Counsel v. Marshall.
This cause came on for further consideration
upon the filing of an application for reinstatement
by respondent, Joy Lenore Marshall, Attorney
Registration No. 0073585, last known business
address in Columbus, Ohio.
Upon consideration thereof, it is ordered by this
court that the application is denied.
2016-0474. In re Atway.
On certified entry of felony conviction. Neal
Ghaleb Atway, Attorney Registration No.
0059252, is hereby suspended from the practice
of law for an interim period.
2 04-07-16
April Disciplinary Hearings Announced
Staff Report | April 4, 2016
The Board of Professional Conduct today
announced the disciplinary hearings involving
attorneys and judges charged with professional
misconduct that are scheduled this month. All
hearings take place before a three-member panel
of the board and are open to the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or the Office of Public Information at
614.387.9250 for more information about a case.
Upon request, case documents can be obtained
via email.
April 12
Toledo Bar Association, Relator v. Joan M.
Crosser, Respondent
Case No. 2015-029
Respondent’s address: P.O. Box 60436, Rossford
Respondent’s counsel: Daniel H. Grna, Toledo
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., North
Hearing Room 106, Columbus
April 15
Ashtabula County Bar Association, Relator v.
Thomas C. Brown, Respondent
Case No. 2015-063
Respondent’s address: 196 S. Broadway, Geneva
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, Court of Claims, 4th Floor
April 28 & 29
Disciplinary Counsel, Relator v. Christopher R.
Bucio, Respondent
Case No. 2015-053
Respondent’s address: 10 N. Market St., Troy
Respondent’s counsel: David C. Greer, Dayton
and Charles J. Kettlewell, Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
CASE ANNOUNCEMENTS
April 5, 2016
[Cite as 04/05/2016 Case Announcements, 2016-
Ohio-1437.]
MOTION AND PROCEDURAL RULINGS
2015-0517. Ross v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2013-6389. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2015-1683. Navistar, Inc. v. Clark Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4248. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS
March 31, 2016
[Cite as 03/31/2016 Case Announcements, 2016-
Ohio-1346.]
MOTION AND PROCEDURAL RULINGS
2016-0459. State ex rel. Cain v. Gee.
Miami App. No. 15-CA-27. This cause was filed
as a jurisdictional appeal. Upon consideration of
appellant’s memorandum in support of jurisdiction,
it is determined by the court that this cause
originated in the court of appeals and, therefore,
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Miami County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 1607.
CASE ANNOUNCEMENTS
March 30, 2016
[Cite as 03/30/2016 Case Announcements #2,
2016-Ohio-1345.]
MOTION AND PROCEDURAL RULINGS
2016-0464. State ex rel. Ethics First – You Decide
Ohio Political Action Commt. v. DeWine
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ motion to expedite
consideration of complaint and issuance of writ of
mandamus, it is ordered by the court, sua sponte,
that respondent shall file a response to the motion
to expedite consideration no later than 10:00 a.m.
on Friday, April 1, 2016.
CASE ANNOUNCEMENTS
March 30, 2016
[Cite as 03/30/2016 Case Announcements, 2016-
Ohio-1328.]
MOTION AND PROCEDURAL RULINGS
2016-0263. Cincinnati Bar Assn. v. Wiest.
This cause is pending before the court upon the
filing by the Board of Professional Conduct of a
final report and recommendation. On March 14,
2016, relator, Cincinnati Bar Association, filed a
motion to permit nonpublic filings.
Upon consideration thereof, it is ordered by the
court that the motion is granted. It is further
ordered that the parties and all others involved in
this matter shall abide by the June 11, 2015 order
of the Board of Professional Conduct regarding
confidential, nonpublic materials. In the event that
any pleading, brief, or other filing to be filed in this
court contains or attaches such protected
nonpublic materials, the parties shall file those
items under seal.
MISCELLANEOUS DISMISSALS
2015-1568. State v. Raphael.
Warren App. Nos. CA2014-11-138 and CA2014-
11-139, 2015-Ohio-3179. This cause is pending
before the court as an appeal from the Court of
Appeals for Warren County. The records of this
court indicate that appellant has not filed a merit
brief, due March 23, 2016, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that mandates be sent to and
filed with the clerks of the Court of Appeals for
Warren County and the Court of Common Pleas
of Warren County.
2 03-30-16
CASE ANNOUNCEMENTS
March 29, 2016
[Cite as 03/29/2016 Case Announcements, 2016-
Ohio-1296.]
DISCIPLINARY CASES
2016-0208. Disciplinary Counsel v. Thomas.
On order to show cause. Mark Alan Thomas,
Attorney Registration No. 0037922, is hereby
suspended from the practice of law in Ohio for 60
days, followed by one year of probation.
CASE ANNOUNCEMENTS
March 28, 2016
[Cite as 03/28/2016 Case Announcements, 2016-
Ohio-1280.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MARCH 28, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the March 28, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0781. State v. Castagnola, 145 Ohio St.3d
1, 2015-Ohio-1565.
2013-2050. Hope Academy Broadway Campus v.
White Hat Mgt., L.L.C., 145 Ohio St.3d 29, 2015-
Ohio-3716.
2014-0862. Risner v. Ohio Dept. of Transp., 145
Ohio St.3d 55, 2015-Ohio4443.
MOTION AND PROCEDURAL RULINGS
In re Brock.
On January 17, 2013, this court found Dennis R.
Brock to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Brock was prohibited from continuing or
instituting legal proceedings in the court without
obtaining leave. On March 22, 2016, Brock
presented a motion for leave to petition for
appointment of counsel.
It is ordered by the court that the motion for leave
is denied.
2016-0181. Sims v. Nissan N. Am., Inc.
Franklin App. No. 15AP-19, 2015-Ohio-5367. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Steven J. Wells, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2016-0290. Molly Co., Ltd. v. Cuyahoga Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2015-1157. Upon
consideration of appellant’s motion to refer the
case to mediation, it is ordered by the court that
the motion is granted. The court refers this case
to mediation under S.Ct.Prac.R. 19.01 and stays
all filing deadlines for this case until further order
of this court. The court will not issue any decision
on the merits of this case until mediation has
concluded.
MISCELLANEOUS DISMISSALS
2015-1958. Loper v. Rein.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2016-0242. State ex rel. Dumas v. Seventh Dist.
Court of Appeals.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2 03-28-16
2016-0371. State ex rel. McLane/Midwest, Inc. v.
Testa.
In Mandamus.
2016-0387. State v. Cuyahoga Cty. Med.
Examiner’s Office.
Cuyahoga App. No. 103514, 2016-Ohio-407.
2016-0398. Sysack v. Kovack.
In Mandamus and Procedendo.
2016-0410. State ex rel. Office of the Ohio Pub.
Defender v. Harrison Police Dept.
In Mandamus.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc.
Franklin App. No. 14AP-717, 2015-Ohio-3593.
2015-2109. Lowe’s Home Ctrs., Inc. v.
Washington Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4606.
2016-0145. Lone Star Steakhouse & Saloon of
Ohio, Inc. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-423.
2016-0256. Adams v. Testa.
Board of Tax Appeals, No. 2015-1090.
3 03-28-16
Local Courts to Adopt Rules for Juvenile
Shackling Under New Statewide Rule
March 28, 2016
An amendment to the Rules of Superintendence
for the Courts of Ohio will mandate that local
courts adopt rules to regulate the shackling of
youth appearing in court proceedings. The Ohio
Supreme Court adopted Sup. R. 5.01, which will
take effect July 1.
After meeting with concerned parties about this
issue last year, Chief Justice Maureen O’Connor
directed a subset of the Advisory Committee on
Children & Families to examine the issue. Along
with publishing a proposed rule for public
comment, the group researched how other states
have addressed the issue and conducted a
survey of Ohio juvenile court judges that found a
majority of respondents always or frequently
restrain juveniles during court proceedings. The
shackling of juveniles has gained increasing
national attention and has raised concerns about
its usage.
Under Sup. R. 5.01, local restraint rules would
create a presumption against shackling. However,
local courts can restrain children on a case-by-
case basis if a judge or magistrate finds on the
record it is necessary because the juvenile’s
behavior is a significant threat or the juvenile is at
risk of fleeing. The judge or magistrate must also
find that restraint is necessary because no less
restrictive alternatives exist.
Justice Terrence O’Donnell dissented from
adopting the rule stating he would limit its
application to certain categories of offenses while
giving judges continued discretion regarding the
use of restraints on juveniles charged with
felonies.
In his dissent, Justice O’Donnell noted that, “This
rule will not affect the transfer of juvenile offenders
into or out of the courtroom but only their
appearance while in the courtroom. Several
juvenile court judges and magistrates who have
direct courtroom access to holding cells and
security personnel do not object to the rule as
written. Others, who do not have access to those
security measures, express concern for public
safety, the possibility of escape, and the burden of
holding additional hearings to make findings,
which will add to an already busy docket,
whenever a judge feels a necessity to make a
record to overcome the presumption the court
imposes in adopting this rule.”
Justice O’Donnell noted that his position was in
line with positions expressed by the Ohio State
Bar Association, the Ohio Judicial Conference
Juvenile Law and Procedure Committee, and
juvenile court judges from several Ohio counties.
Accordingly, he stated, “I would adopt Sup.R. 5.01
only for tobacco offenses, traffic offenses, minor
misdemeanor offenses, status offenses, and non-
violent misdemeanor level delinquencies. I dissent
from the court’s decision to adopt the rule to the
extent that the rule will apply to felony level
offenses and all offenses of violence.”
Justice O’Donnell concluded his dissent with the
following observation, “My experience is that
juvenile court judges in Ohio are not making
decisions based on the shackled appearance of
youthful offenders. And since these are not jury
proceedings and the public is excluded from
court, little prejudice inures to an accused
offender. Other issues are the propensity for
violence and the possibility or opportunities for
escape. I believe that the judges should be able to
exercise discretion in each case regarding the
matter of shackling, and I reject the notion that
this court ought to create a presumption that a
juvenile court judge must overcome in every
violent offender case if the court decides to
shackle an offender for safety or security
purposes in the interest of the efficient
administration of justice.”
The Ohio Judicial College is working to embed
within the training it offers to juvenile court judges,
magistrates, and employees research concerning
best practices for handling juvenile offenders in
court proceedings.
CASE ANNOUNCEMENTS
March 23, 2016
[Cite as 03/23/2016 Case Announcements #2,
2016-Ohio-1211.]
MOTION AND PROCEDURAL RULINGS
2016-0436. State ex rel. Odolecki v. Celebrezze.
In Mandamus, Prohibition, and Habeas Corpus.
This cause originated in this court on the filing of a
complaint for a writ of mandamus, prohibition, and
habeas corpus.
It is ordered by the court, sua sponte, that
respondents shall file a response to the complaint
no later than ten days from the date of this entry.
CASE ANNOUNCEMENTS
March 24, 2016
[Cite as 03/24/2016 Case Announcements, 2016-
Ohio-1210.]
MERIT DECISIONS WITH OPINIONS
2013-0656. State ex rel. Walgate v. Kasich, Slip
Opinion No. 2016-Ohio-1176.
Franklin App. No. 12AP-548, 2013-Ohio-946.
Judgment affirmed in part and
reversed in part, and cause remanded.
Kennedy and French, JJ., concur.
Pfeifer, J., concurs in part and dissents in part and
concurs in judgment, with an opinion in which
O’Neill, J., joins.
Lanzinger, J., concurs in part and dissents in part,
with an opinion in which O’Connor, C.J., and
DeGenaro, J., join.
Judge Mary DeGenaro, of the Seventh Appellate
District, sitting for O’Donnell, J.
2014-1801. Salemi v. Cleveland Metroparks, Slip
Opinion No. 2016-Ohio1192.
Cuyahoga App. No. 100761, 2014-Ohio-3914.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-0594. Disciplinary Counsel v. Hillman, Slip
Opinion No. 2016-Ohio1172.
On Certified Report by the Board of Professional
Conduct, No. 2014-088. Steven Edward Hillman,
Attorney Registration No. 0002578, is hereby
suspended from the practice of law for one year,
fully stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1630. Mahoning Cty. Bar Assn. v. Hanni,
Slip Opinion No. 2016-Ohio1174.
On Certified Report by the Board of Professional
Conduct, No. 2014-086. Heidi
A. Hanni, Attorney Registration No. 0074801, is
hereby suspended from the
practice of law for one year, fully stayed on
conditions.
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
O’Connor, C.J., and Pfeifer, J., dissent and would
impose a suspension of
one year with no portion stayed.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, where were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-057. In re Disqualification of Fuhry, 2015-
Ohio-5684 (decided Jun. 19, 2015).
15-AP-061. In re Disqualification of Fragale, 2015-
Ohio-5685 (decided Jul. 1, 2015).
15-AP-106. In re Disqualification of Jamison,
2015-Ohio-5683 (decided Dec. 30, 2015).
MOTION AND PROCEDURAL RULINGS
2014-1035. State v. Wilks.
Mahoning C.P. No. 13 CR 540. This cause is
pending before the court as a death-penalty
appeal from the Court of Common Pleas of
Mahoning County.
Upon consideration of the motion of appellant’s
counsel for interim billing and extraordinary fees,
it is ordered by the court that the motion for
interim billing is granted and Kathleen McGarry
and John P. Parker may file applications for
attorney fees at completion of briefing and upon
completion of the case.
It is further ordered that the motion for
extraordinary fees is denied. The hourly rate set
by Mahoning County for capital cases shall be
used, but the court will award extraordinary fees if
warranted, in excess of the county maximum. An
2 03-24-16
excess-fee award amount will be considered upon
the filing of the applications for attorney fees.
2015-1870. Cooper v. Commercial Savs. Bank.
Wyandot App. No. 16-14-04, 2015-Ohio-4131.
This cause came on for further consideration
upon the filing of appellant’s motion for stay of trial
court proceedings. It is ordered by the court that
the motion is denied as moot.
2015-1871. Cooper v. Commercial Savs. Bank.
Wyandot App. No. 16-14-08, 2015-Ohio-4131.
This cause came on for further consideration
upon the filing of appellant’s motion for stay of trial
court proceedings. It is ordered by the court that
the motion is denied as moot.
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution.
Upon consideration of relators’ motion requesting
service on respondent Latonya Thurman at new
address, it is ordered by the court that the motion
is granted. The clerk shall serve respondent
Latonya Thurman at the new address provided in
the motion. Respondent Latonya Thurman may
file a response within 21 days of the date of
service of the challenge.
3 03-24-16
CASE ANNOUNCEMENTS
March 22, 2016
[Cite as 03/22/2016 Case Announcements, 2016-
Ohio-1167.]
MERIT DECISIONS WITH OPINIONS
2014-0957. Cannata v. Cuyahoga Cty. Bd. of
Revision, Slip Opinion No. 2016Ohio-1094.
Board of Tax Appeals, No. 2011-120. Decision
vacated and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and O’Neill, JJ., concur.
French, J., dissents with an opinion in which
Kennedy, J., joins.
2014-1557. State v. Klembus, Slip Opinion No.
2016-Ohio-1092.
Cuyahoga App. No. 100068, 2014-Ohio-3227.
Judgment reversed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0367. Leyman v. Bradshaw, Slip Opinion
No. 2016-Ohio-1093.
Richland App. No. 14 CA 93, 2015-Ohio-751.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1818. In re Estate of Abraitis.
Cuyahoga App. No. 102403, 2015-Ohio-4077.
This cause came on for further consideration
upon the filing of appellant’s amended motion to
strike memorandum in response to jurisdiction. It
is ordered by the court that the motion is denied
as moot.
MISCELLANEOUS DISMISSALS
2015-1170. Beaver v. Ohio State Racing Comm.
Franklin App. No. 14AP-681, 2015-Ohio-1433.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that mandates be sent to and
filed with the clerks of the Court of Appeals for
Franklin County and the Court of Common Pleas
of Franklin County.
2 03-22-16
CASE ANNOUNCEMENTS
March 21, 2016
[Cite as 03/21/2016 Case Announcements, 2016-
Ohio-1131.]
DISCIPLINARY CASES
2014-1744. Disciplinary Counsel v. Lee.
It is ordered by this court, sua sponte, that
Raymond Thomas Lee III, Attorney Registration
No. 0040765, last known business address in
Dublin, Ohio, is found in contempt for failure to
comply with this court’s order of January 14, 2016,
to wit: failure to file an affidavit of compliance on
or before February 16, 2016.
2015-0606. Disciplinary Counsel v. Ruffin.
It is ordered by this court, sua sponte, that Sean
P. Ruffin, Attorney Registration No. 0069002, last
known business address in Columbus, Ohio, is
found in contempt for failure to comply with this
court’s order of January 14, 2016, to wit: failure to
file an affidavit of compliance on or before
February 16, 2016.
2015-0613. Cleveland Metro. Bar Assn. v. Schiff.
It is ordered by this court, sua sponte, that Marvin
Hermann Schiff, Attorney Registration No.
0000681, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of January 14, 2016,
to wit: failure to file an affidavit of compliance on
or before February 16, 2016.
CASE ANNOUNCEMENTS
March 18, 2016
[Cite as 03/18/2016 Case Announcements, 2016-
Ohio-1091.]
MOTION AND PROCEDURAL RULINGS
2015-1340. Jacobson v. Kaforey.
Summit App. No. 26915, 2015-Ohio-2624. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Summit County.
Upon consideration of appellee’s motion to
substitute table of contents and table of
authorities in merit brief, it is ordered by the court
that the motion is denied.
2016-0287. State v. Owens.
Gallia App. No. 14CA9, 2016-Ohio-176. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion to seal
motion to continue stay and amended motion to
continue stay, it is ordered by the court that the
motion is granted.
2016-0386. State ex rel. Tuck v. Wolaver.
Greene App. No. 2015 CA 0062. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Greene County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
CASE ANNOUNCEMENTS
March 17, 2016
[Cite as 03/17/2016 Case Announcements #2,
2016-Ohio-1081.]
MERIT DECISIONS WITHOUT OPINIONS
2016-0385. Van Kirk v. Eighth Dist. Court of
Appeals.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition
and was considered in a manner prescribed by
law.
Upon consideration pursuant to S.Ct.Prac.R.
12.04, it is ordered by the court that the request
for a peremptory and alternative writ is denied.
Accordingly, this cause is dismissed.
O’Connor, C.J., and Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer, J., dissents, and would grant the writ.
O’Donnell, J., dissents, and would grant the writ
and stay the order of the court of appeals
directing the juvenile court to act because the
noncustodial parent is attempting to assert a
position contrary to the custodial parent.
CASE ANNOUNCEMENTS
March 17, 2016
[Cite as 03/17/2016 Case Announcements, 2016-
Ohio-1072.]
MERIT DECISIONS WITH OPINIONS
2014-0941. State v. Shabazz, Slip Opinion No.
2016-Ohio-1055.
Cuyahoga App. No. 100021, 2014-Ohio-1828.
Appeal dismissed, sua sponte, as
having been improvidently accepted. O’Connor,
C.J., and Pfeifer, Lanzinger, and O’Neill, JJ.,
concur. O’Donnell, J., dissents with an opinion in
which Kennedy, J., joins. French, J., dissents.
2014-1241. Haight v. Minchak, Slip Opinion No.
2016-Ohio-1053.
Montgomery App. No. 25983, 2014-Ohio-2447.
Judgment reversed. O’Connor, C.J., and
Lanzinger, Kennedy, and French, JJ., concur.
O’Donnell, J., concurs in syllabus and judgment
only. O’Neill, J., dissents with an opinion in which
Pfeifer, J., joins.
2015-0201. State ex rel. Smith v. Hall, Slip
Opinion No. 2016-Ohio-1052.
Montgomery App. No. 26386. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MEDIATION MATTERS
The following case has been referred to mediation
pursuant to S.Ct.Prac.R. 19.01(A).
2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd.
of Revision.
Board of Tax Appeals, Nos. 2015-279 and 2015-
280.
2 03-17-16
CASE ANNOUNCEMENTS
March 16, 2016
[Cite as 03/16/2016 Case Announcements #2,
2016-Ohio-1071.]
MERIT DECISIONS WITH OPINIONS
2015-2028. State ex rel. Walton v. Williams.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration thereof, it is ordered by the
court that a writ of prohibition is granted,
consistent with the opinion rendered herein. Costs
assessed to respondents.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
CASE ANNOUNCEMENTS
March 16, 2016
[Cite as 03/16/16 Case Announcements, 2016-
Ohio-1049.]
MERIT DECISIONS WITH OPINIONS
2012-0852. State v. Broom, Slip Opinion No.
2016-1028.
Cuyahoga App. No. 96747, 2012-Ohio-587.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Lanzinger, and
Kennedy, JJ., concur.
French, J., dissents with an opinion in which
Pfeifer, J., joins.
O’Neill, J., dissents with an opinion.
2014-0607. In re D.S., Slip Opinion No. 2016-
Ohio-1027.
Licking App. No. 13-CA-58, 2014-Ohio-867.
Judgment affirmed.
O’Connor, C.J., and O’Donnell, Kennedy, and
French, JJ., concur.
Lanzinger, J., dissents with an opinion in which
Pfeifer and O’Neill, JJ., join.
2014-2026. State ex rel. Davis v. Metzger, Slip
Opinion No. 2016-Ohio-1026.
Licking App. No. 11-CA-130, 2014-Ohio-4555.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Kennedy, J., concurs in judgment only.
MOTION AND PROCEDURAL RULINGS
2010-2160. State v. Quinones.
Cuyahoga App. No. 94082, 2010-Ohio-5240. This
cause came on for further consideration upon the
filing of appellee’s motion to file under seal
appellant’s memorandum in support of jurisdiction.
It is ordered by the court that the motion is denied
as moot. The documents for this case have been
destroyed pursuant to the court’s records-
retention policy and remote online access to the
documents is no longer available.
2015-1065. MDM Holdings, L.L.C. v. Cuyahoga
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-60. This cause is
pending before the court as an appeal from the
Board of Tax Appeals.
It is ordered by the court, sua sponte, that the
motion for oral argument of appellees Cuyahoga
County Board of Revision and Cuyahoga County
Fiscal Officer is stricken as untimely pursuant to
S.Ct.Prac.R. 17.07(A)(2).
2016-0213. State v. Kepler.
Muskingum App. No. CT2015-0021, 2015-Ohio-
3291. This cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court, sua sponte, that
appellee’s memorandum in opposition to
appellant’s motion for stay is stricken as untimely
pursuant to S.Ct.Prac.R. 4.01(B).
2016-0379. State ex rel. Littlepage v. Deters.
Hamilton App. No. C-160004. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and,
therefore, should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Hamilton County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
DISCIPLINARY CASES
2014-0541. Disciplinary Counsel v. Gorby.
On February 22, 2016, respondent, Jennifer Ann
Gorby, filed a request for probation termination.
Upon consideration thereof, the court finds that
respondent has substantially complied with
Gov.Bar R. V(21)(D) and with its order dated
February 10, 2015, in which the court suspended
respondent from the practice of law for a period of
one year, fully stayed on the conditions that
respondent engage in no further misconduct and
submit to a one-year period of monitored
probation focusing on law-office and trust-account
management.
2 03-16-16
On consideration thereof, it is ordered by this
court that the probation of respondent, Jennifer
Ann Gorby, Attorney Registration No. 0073833,
last known business address in Salem, Ohio, is
terminated.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
2014-1905. Disciplinary Counsel v. Stokes.
This cause came on for further consideration
upon the filing by respondent, Angela Rochelle
Stokes, of a motion for dissolution of interim
remedial suspension. Relator filed a response to
the motion, and this matter was considered by the
court.
Upon consideration thereof, it is ordered by this
court that respondent’s motion for dissolution of
interim remedial suspension is granted. It is
further ordered that respondent shall file an
application for reinstatement pursuant to Gov.Bar
R. V(24) in order to be reinstated to the practice of
law in Ohio.
2015-1526. In re Resignation of Fairfax.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt order.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2016-0303. In re Resignation of McGrath.
On application for resignation from the practice of
law of Dennis Michael McGrath, Attorney
Registration No. 0021612, and on report filed
under seal by disciplinary counsel. Resignation
accepted with disciplinary action pending.
3 03-16-16
CASE ANNOUNCEMENTS
March 15, 2016
[Cite as 03/15/2016 Case Announcements #2,
2016-Ohio-1051.]
MOTION AND PROCEDURAL RULINGS
2016-0385. State ex rel. Van Kirk v. Eighth District
Court of Appeals.
In prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
It is ordered by the court, sua sponte, that
respondent shall file a response, if any, to relator’s
complaint for a peremptory and alternative writ of
prohibition no later than 9:00 a.m. on Wednesday,
March 16, 2016.
CASE ANNOUNCEMENTS
March 15, 2016
[Cite as 03/15/2016 Case Announcements, 2016-
Ohio-1019.]
MERIT DECISIONS WITH OPINIONS
2011-0890. State ex rel. DeWine v. GMAC Mtge.,
L.L.C., Slip Opinion No. 2016-Ohio-985.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Western
Division, Nos. 3:10-cv-02537 and 1:10-cv-02709.
Certified question of state law dismissed as
having been improvidently accepted.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1462. Whetstone v. Binner, Slip Opinion No.
2016-Ohio-1006.
Fairfield App. No. 13 CA 47, 2014-Ohio-3018.
Judgment affirmed and cause
remanded.
O’Connor, C.J., and Pfeifer, French, and O’Neill,
JJ., concur.
O’Donnell, J., dissents with an opinion in which
Kennedy, J., joins.
Lanzinger, J., dissents with an opinion in which
Kennedy, J., joins.
2014-1825 and 2014-2122. State v. Marcum, Slip
Opinion No. 2016-Ohio1002.
Gallia App. No. 13CA11, 2014-Ohio-4048.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1754. Freedom Mtge. Corp. v. Robbins.
Hamilton App. No. C-140475. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellant’s motion to
reinstate case and remove bankruptcy stay, it is
ordered by the court that the stay of this
proceeding is hereby lifted.
2016-0054. State ex rel. Noxious Vegetation
Control v. Bureau of Workers’ Comp.
Franklin App. No. 14AP-51, 2015-Ohio-5234.
Upon consideration of the joint motion for referral
to mediation, it is ordered by the court that the
motion is granted. The court refers this case to
mediation under S.Ct.Prac.R. 19.01 and stays all
filing deadlines for this case until further order of
this court. The court will not issue any decision on
the merits of this case until mediation has
concluded.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0299. State ex rel. Chandra Law Firm,
L.L.C. v. Seven Hills Police Dept.
2016-0302. State ex rel. Bennett v. Aldi, Inc.
Franklin App. No. 14AP-632, 2016-Ohio-83.
2016-0321. State ex rel. Sultaana v. Gaul.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-1879. State ex rel. Carroll v. Galion Assisted
Living, Ltd.
Franklin App. No. 14AP-944, 2015-Ohio-944.
2015-1933. State ex rel. Black v. CVS Pharmacy,
Inc.
Franklin App. No. 15AP-120, 2015-Ohio-4868.
2 03-15-16
2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd.
of Revision
Board of Tax Appeals, Nos. 2015-279 and 2015-
280.
2016-0104. State ex rel. Fitzgerald v. Ohio Police
& Fire Pension Fund Bd. of Trustees.
Franklin App. No. 14AP-968, 2015-Ohio-5079.
3 03-15-16
CASE ANNOUNCEMENTS
March 14, 2016
[Cite as 03/14/2016 Case Announcements, 2016-
Ohio-959.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF MARCH 14, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the March 14, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2010-1793. Disciplinary Counsel v. Medley, 144
Ohio St.3d 1277, 2015-Ohio5008.
2010-2021. Disciplinary Counsel v. Squire, 144
Ohio St.3d 1279, 2015-Ohio5058.
2011-0379. Disciplinary Counsel v. Ranke, 144
Ohio St.3d 1273, 2015-Ohio4799.
2013-1981. Disciplinary Counsel v. Owen, 144
Ohio St.3d 1265, 2015-Ohio4823.
2014-0721. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, 144 Ohio St.3d 549,
2015-Ohio-4837.
2014-0831. State ex rel. DiFranco v. S. Euclid,
144 Ohio St.3d 565, 2015-Ohio4914.
2014-1255. State v. Shaffer, 144 Ohio St.3d 591,
2016-Ohio-52.
2014-1659. State ex rel. M.L. v. O’Malley, 144
Ohio St.3d 553, 2015-Ohio
4855.
2014-1735. Lake Cty. Bar Assn. v. Davies, 144
Ohio St.3d 558, 2015-Ohio4904.
2014-1761. State ex rel. DiFranco v. S. Euclid,
144 Ohio St.3d 571, 2015-Ohio
4915.
2015-0080. State ex rel. McIntyre v. Summit Cty.
Court of Common Pleas,
144 Ohio St.3d 589, 2015-Ohio-5343.
2015-0255. State ex rel. Holwadel v. Hamilton Cty.
Bd. of Elections, 144 Ohio
St.3d 579, 2015-Ohio-5306.
2015-0354. Disciplinary Counsel v. Zury, 144 Ohio
St.3d 1268, 2015-Ohio4796.
2015-0356. Disciplinary Counsel v. Compoli, 144
Ohio St.3d 1271, 2015-Ohio
4795.
2015-0443. Dayton Bar Assn. v. Liptock, 144 Ohio
St.3d 1275, 2015-Ohio
4794.
2015-0999. Disciplinary Counsel v. Schwartz, 144
Ohio St.3d 576, 2015-Ohio4946.
2015-1863. In re Martyniuk, 144 Ohio St.3d 1265,
2015-Ohio-4746.
2015-1894. In re Resignation of Bakst, 144 Ohio
St.3d 1283, 2015-Ohio-5283.
2015-1956. In re Ames, 144 Ohio St.3d 1280,
2015-Ohio-5105.
2015-2061. State ex rel. Carrier v. Hilliard City
Council, 144 Ohio St.3d 592,
2016-Ohio-155.
2015-2076. In re Chuparkoff, 144 Ohio St.3d
1286, 2015-Ohio-5474. 2015-2076. In re
Chuparkoff, 144 Ohio St.3d 1287, 2016-Ohio-186.
2 03-14-16
15-AP-059. In re Disqualification of Corrigan, 144
Ohio St.3d 1261, 2016Ohio-179.
15-AP-063. In re Disqualification of Repp, 144
Ohio St.3d 1263, 2015-Ohio5611.
MOTION AND PROCEDURAL RULINGS
2015-1591. In re Grand Jury Proceedings of John
Doe.
Mahoning App. No. 14 MA 73. This cause came
on for further consideration upon the filing of
appellant’s motion to file motion for
reconsideration under seal and appellees’ motion
to file memorandum opposing motion for
reconsideration under seal. It is ordered by the
court that the motions are granted.
DISCIPLINARY CASES
2016-0214. Disciplinary Counsel v. Whitt.
On certification of default. Angela Marie Whitt,
Attorney Registration No. 0081658, is indefinitely
suspended from the practice of law.
3 03-14-16
Victims of Attorney Theft Awarded Money from
Lawyers' Fund
By Stephanie Beougher | March 8, 2016
The Board of Commissioners of the Lawyers’
Fund for Client Protection has awarded $236,558
to 33 victims of attorney theft. Ten former or
suspended Ohio attorneys were found to have
misappropriated client funds, and additional
claims were made involving five deceased
attorneys.
Cuyahoga County
The maximum award amount of $75,000 was
approved to a former client of now-deceased
Westlake attorney James L. Burns for failure to
account for the client’s funds.
A former client of deceased attorney Bruce M.
Cichocki was reimbursed $440 as a result of the
attorney’s failure to complete the services
requested prior to his death in 2013.
Two former clients of former attorney James W.
Westfall Jr. were reimbursed a total of $2,305
because he failed to provide the services
requested before resigning from the practice of
law in Ohio in August 2013 with discipline
pending.
Delaware County
A former client of former Delaware County
attorney Aaron R. Scheeler was reimbursed $850
as a result of Scheeler failing to provide the
services requested. He resigned from the practice
of law in Ohio, with discipline pending, in October
2014.
Erie County
Former clients of deceased attorney John F.
Kirwan were reimbursed $2,300 as a result of
Kirwan’s failure to complete the services
requested prior to his death in September 2013.
Franklin County
The board awarded reimbursement to former
clients of two Franklin County attorneys. Fifteen
former clients of suspended attorney Mohammed
Noure Alo were reimbursed a total of $54,540 as
a result of Alo’s failure to provide the services
requested.
A former client of deceased attorney Ester D.
Harber was reimbursed $600 because legal
services were not completed before Harber’s
death in June 2014.
Hamilton County
A former client of former Hamilton County attorney
Geoffrey P. Damon was reimbursed $1,000 as a
result of Damon’s failure to return funds belonging
to his client. He was permanently disbarred from
the practice of law in Ohio in September 2014.
Lake County
Two former clients of former Lake County attorney
David H. Davies were reimbursed a total of
$66,000 as a result of Davies’ failure to account
for funds belonging to his clients. Davies was
permanently disbarred from the practice of law in
Ohio in December 2015.
Montgomery County
Two former clients of suspended attorney Thomas
P. Liptock were reimbursed a total of $1,650 as a
result of Liptock’s failure to complete the services
requested. His license to practice law in Ohio was
suspended indefinitely in November 2015.
A former client of Raymond W. O’Neal was
reimbursed $4,800 paid to the attorney but not
earned. O’Neal’s law license was suspended in
December 2012.
Morrow County
A former client of former Morrow County attorney
William M. Adams was reimbursed $21,317.50
paid to Adams but not properly accounted for.
Adams resigned from the practice of law in Ohio
in April 2014 with discipline pending.
Stark County
Two former clients of Stark County attorney
Celeste M. DeHoff, whose law license was
suspended indefinitely in March 2015, were
reimbursed a total of $1,650 as a result of
DeHoff’s failure to provide the services requested.
Summit County
A former client of former Summit County attorney
Peter F. Fletcher was reimbursed $1,106 for fees
paid to Fletcher for services that he failed to
provide. Fletcher was permanently disbarred from
the practice of law in Ohio in April 2013.
Wayne County
A former client of deceased Wayne County
attorney David T. Eager was reimbursed $3,000
paid to Eager for services that he failed to provide
prior to his death in May 2015.
The Lawyers’ Fund for Client Protection, formerly
known as the Clients’ Security Fund, was created
in 1985 by the Ohio Supreme Court and is
supported from the Attorney Registration Fund.
More than $18 million has been awarded to
consumers. Ohio has more than 44,000 attorneys
engaged in the active practice of law, and less
than 1 percent of those attorneys have been
involved in reimbursement claims.
Law clients who believe they have sustained
financial losses resulting from attorney theft,
embezzlement, or misappropriation should call
614.387.9390 or 800.231.1680.
CASE ANNOUNCEMENTS
March 11, 2016
[Cite as 03/11/2016 Case Announcements, 2016-
Ohio-957.]
MOTION AND PROCEDURAL RULINGS
2014-1966. Tribett v. Shepherd.
Belmont App. No. 13 BE 22, 2014-Ohio-4320.
This cause is pending before the court as an
appeal from the Court of Appeals for Belmont
County.
Upon consideration of appellees’ motion to strike
appellants’ motion for clarification, it is ordered by
the court that the motion is denied. Appellees may
file a response to the motion for clarification within
seven days of the date of this entry.
2015-1192. Olentangy Local Schools Bd. of Edn.
v. Delaware Cty. Bd. of Revision.
Board of Tax Appeals, No. 2012-4555. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the motion of appellee the
Algoma Group to reschedule oral argument, it is
ordered by the court that the motion is denied.
2016-0287. State v. Owens.
Gallia App. No. 14CA9, 2016-Ohio-176. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s amended
motion to continue stay of execution pending
disposition of jurisdictional appeal, it is ordered by
the court that the motion is denied.
DISCIPLINARY CASES
2016-0199. Dayton Bar Assn. v. Hooks.
On certification of default. Shawn Patrick Hooks,
Attorney Registration No. 0079100, is hereby
suspended from the practice of law for an interim
period.
2016-0206. Disciplinary Counsel v. Rutherford.
On certification of default. Guy Darius Rutherford,
Attorney Registration No. 0066032, is hereby
suspended from the practice of law for an interim
period.
MISCELLANEOUS DISMISSALS
2015-1564. Amanda Bent Bolt Co. v. Indus.
Comm.
Franklin App. No. 14AP-295, 2015-Ohio-3487.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2 03-11-16
CASE ANNOUNCEMENTS
March 10, 2016
[Cite as 03/10/2016 Case Announcements, 2016-
Ohio-915.]
MERIT DECISIONS WITH OPINIONS
2015-1359. In re Application of Vanderhide, Slip
Opinion No. 2016-Ohio-866.
On Report by the Board of Commissioners on
Character and Fitness, No. 618. Bradley Daniel
Vanderhide’s application for admission to the
practice of law is disapproved.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., concurs in judgment only.
2015-1632. Erie-Huron Cty. Bar Assn. v. Smith,
Slip Opinion No. 2016-Ohio
881.
On Certified Report by the Board of Professional
Conduct, No. 2015-012. Charles Ross Smith III,
Attorney Registration No. 0020187, is hereby
indefinitely suspended from the practice of law.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-092. In re Disqualification of Starn, 2015-
Ohio-5675 (decided Nov. 16, 2015).
15-AP-102. In re Disqualification of Inderlied,
2015-Ohio-5676 (decided Dec. 28, 2015).
MOTION AND PROCEDURAL RULINGS
In re Sherrills.
On March 31, 2008, this court found Daries
Sherrills to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Sherrills was prohibited from continuing or
instituting legal proceedings in this court without
first obtaining leave. On March 2, 2016, Sherrills
submitted an “Application to request and obtain
for leave to proceed to file.”
It is ordered by the court that the request for leave
to file is denied.
2016-0133. Rawlins v. Cleveland Indians Baseball
Co., Inc.
Cuyahoga App. No. 102574, 2015-Ohio-4587.
This cause is pending before the court as a
jurisdictional appeal.
Upon review of the memorandum in response to
jurisdiction, it is evident that Paul F. Keneally and
Colin D. Ramsey have not filed timely motions for
admission pro hac vice pursuant to S.Ct.Prac.R.
2.02. Therefore, it is ordered by the court, sua
sponte, that Paul F. Keneally and Colin D.
Ramsey are stricken from the memorandum in
response to jurisdiction for failure to comply with
S.Ct.Prac.R. 2.02(B)(2) and Gov.Bar R. XII(2)(A)
(6)(a) through (e).
MISCELLANEOUS DISMISSALS
2016-0340. Wells Fargo Bank, N.A. v. Hazel.
Franklin App. No. 15AP-93, 2016-Ohio-305. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2 03-10-16
Victims of Attorney Theft Awarded Money from
Lawyers' Fund
By Stephanie Beougher | March 8, 2016
The Board of Commissioners of the Lawyers’
Fund for Client Protection has awarded $236,558
to 33 victims of attorney theft. Ten former or
suspended Ohio attorneys were found to have
misappropriated client funds, and additional
claims were made involving five deceased
attorneys.
Cuyahoga County
The maximum award amount of $75,000 was
approved to a former client of now-deceased
Westlake attorney James L. Burns for failure to
account for the client’s funds.
A former client of deceased attorney Bruce M.
Cichocki was reimbursed $440 as a result of the
attorney’s failure to complete the services
requested prior to his death in 2013.
Two former clients of former attorney James W.
Westfall Jr. were reimbursed a total of $2,305
because he failed to provide the services
requested before resigning from the practice of
law in Ohio in August 2013 with discipline
pending.
Delaware County
A former client of former Delaware County
attorney Aaron R. Scheeler was reimbursed $850
as a result of Scheeler failing to provide the
services requested. He resigned from the practice
of law in Ohio, with discipline pending, in October
2014.
Erie County
Former clients of deceased attorney John F.
Kirwan were reimbursed $2,300 as a result of
Kirwan’s failure to complete the services
requested prior to his death in September 2013.
Franklin County
The board awarded reimbursement to former
clients of two Franklin County attorneys. Fifteen
former clients of suspended attorney Mohammed
Noure Alo were reimbursed a total of $54,540 as
a result of Alo’s failure to provide the services
requested.
A former client of deceased attorney Ester D.
Harber was reimbursed $600 because legal
services were not completed before Harber’s
death in June 2014.
Hamilton County
A former client of former Hamilton County attorney
Geoffrey P. Damon was reimbursed $1,000 as a
result of Damon’s failure to return funds belonging
to his client. He was permanently disbarred from
the practice of law in Ohio in September 2014.
Lake County
Two former clients of former Lake County attorney
David H. Davies were reimbursed a total of
$66,000 as a result of Davies’ failure to account
for funds belonging to his clients. Davies was
permanently disbarred from the practice of law in
Ohio in December 2015.
Montgomery County
Two former clients of suspended attorney Thomas
P. Liptock were reimbursed a total of $1,650 as a
result of Liptock’s failure to complete the services
requested. His license to practice law in Ohio was
suspended indefinitely in November 2015.
A former client of Raymond W. O’Neal was
reimbursed $4,800 paid to the attorney but not
earned. O’Neal’s law license was suspended in
December 2012.
Morrow County
A former client of former Morrow County attorney
William M. Adams was reimbursed $21,317.50
paid to Adams but not properly accounted for.
Adams resigned from the practice of law in Ohio
in April 2014 with discipline pending.
Stark County
Two former clients of Stark County attorney
Celeste M. DeHoff, whose law license was
suspended indefinitely in March 2015, were
reimbursed a total of $1,650 as a result of
DeHoff’s failure to provide the services requested.
Summit County
A former client of former Summit County attorney
Peter F. Fletcher was reimbursed $1,106 for fees
paid to Fletcher for services that he failed to
provide. Fletcher was permanently disbarred from
the practice of law in Ohio in April 2013.
Wayne County
A former client of deceased Wayne County
attorney David T. Eager was reimbursed $3,000
paid to Eager for services that he failed to provide
prior to his death in May 2015.
The Lawyers’ Fund for Client Protection, formerly
known as the Clients’ Security Fund, was created
in 1985 by the Ohio Supreme Court and is
supported from the Attorney Registration Fund.
More than $18 million has been awarded to
consumers. Ohio has more than 44,000 attorneys
engaged in the active practice of law, and less
than 1 percent of those attorneys have been
involved in reimbursement claims.
Law clients who believe they have sustained
financial losses resulting from attorney theft,
embezzlement, or misappropriation should call
614.387.9390 or 800.231.1680.
CASE ANNOUNCEMENTS
March 9, 2016
[Cite as 03/09/2016 Case Announcements, 2016-
Ohio-899.]
MERIT DECISIONS WITH OPINIONS
2015-1005. Cleveland Metro. Bar Assn. v. Pryatel,
Slip Opinion No. 2016Ohio-865.
On Certified Report by the Board of Professional
Conduct, No. 2014-037. Mark Robert Pryatel,
Attorney Registration No. 0019678, is hereby
permanently disbarred from the practice of law in
Ohio.
O’Connor, C.J., and O’Donnell, Lanzinger, and
O’Neill, JJ., concur.
Pfeifer, Kennedy, and French, JJ., dissent and
would impose an indefinite suspension.
2015-1317. Ohio State Bar Assn. v. Owen, Slip
Opinion No. 2016-Ohio-864.
On Certified Report by the Board of Professional
Conduct, No. 2014-089. Christopher Stanley
Owen, Attorney Registration No. 0080766, is
hereby publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-0572. State ex rel. Hayden v. Moher.
In Habeas Corpus. On petition for writ of habeas
corpus of Robert O. Hayden. Sua sponte, cause
dismissed. On motion of petitioner for order to
show cause. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0815. Smith v. Warden, London Corr. Inst.
In Habeas Corpus. On petition for writ of habeas
corpus of Darryl Roger Smith. Sua sponte, cause
dismissed. On motion for judicial notice of law and
motion for evidentiary hearing. Motions denied as
moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1924. Foster v. Ohio Dept. of Rehab & Corr.
In Habeas Corpus. On petition for writ of habeas
corpus of Christopher Foster. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1942. State ex rel. Askew v. Stark Cty. Court
of Appeals Fifth Judicial
Dist.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed. On
motion to strike relator’s amended complaint.
Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1960. Meyers v. McClelland.
In Habeas Corpus. On petition for writ of habeas
corpus of Robert Meyers. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2002-2241. State v. Monroe.
Franklin C.P. No. 01CR042118. On second
application for reopening under S.Ct.Prac.R.
11.06. Application denied.
2015-2061. State ex rel. Carrier v. Hilliard City
Council.
On motion for attorney fees. Motion denied.
O’Neill, J., dissents.
2016-0044. State v. Brantley.
Lorain App. No. 15CA010853. On emergency
motion to stay court of appeals’ judgment. Motion
denied.
2016-0079. State v. Webster.
Hamilton App. No. C-130700, 2014-Ohio-5647.
On motion for leave to file delayed appeal. Motion
denied.
2016-0088. State v. Jacobs.
Summit App. No. 27545, 2015-Ohio-4353. On
motion for leave to file delayed appeal. Motion
denied.
Lanzinger, J., dissents.
2016-0174. Udrija v. E. Cleveland.
Cuyahoga App. No. 102406, 2016-Ohio-288. On
motion for immediate stay of the court of appeals’
judgment without bond. Motion denied.
Lanzinger, Kennedy, and French, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2015-1692. State v. Johnson.
Cuyahoga App. Nos. 102760 and 102761, 2015-
Ohio-4189. Discretionary appeal accepted and
cause held for decision in 2015-1288, State v.
Heinz, and briefing schedule stayed.
2015-1810. State v. Owens.
Cuyahoga App. No. 102276, 2015-Ohio-3881.
Discretionary appeal accepted and cause held for
decision in 2015-0473, State v. Thomas, and
briefing schedule stayed.
2015-1847. State v. Orr.
Cuyahoga App. No. 102460, 2015-Ohio-4081.
Discretionary appeal accepted on Proposition of
Law No. I only.
O’Donnell, Kennedy, and French, JJ., would
accept the cause on all propositions of law.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent.
2015-1892. State v. Rahab.
Hamilton App. No. C-150186.
O’Donnell and Kennedy, JJ., dissent.
2015-1950. State v. Brown.
Cuyahoga App. No. 102377, 2015-Ohio-4372.
Discretionary appeal accepted and cause held for
decision in 2015-0473, State v. Thomas, and
briefing schedule stayed.
Pfeifer and O’Neill, JJ., dissent.
2015-1977. In re J. N.
Franklin App. No. 15AP-159, 2015-Ohio-4464.
Discretionary appeal accepted and cause held for
decision in 2014-0607, In re D.S., and briefing
schedule stayed.
O’Donnell and Kennedy, JJ., dissent.
2015-2022. State v. Norquest.
Geauga App. No. 2015-G-0003, 2015-Ohio-4541.
Discretionary appeal accepted and cause held for
decision in 2014-1557, State v. Klembus, and
briefing schedule stayed.
O’Connor, C.J., and Pfeifer and O’Donnell, JJ.,
dissent.
2015-2065. State v. Valentyn.
Lake App. No. 2015-L-072, 2015-Ohio-4834.
Discretionary appeal accepted and cause held for
decision in 2014-1557, State v. Klembus, and
briefing schedule stayed.
Pfeifer and O’Donnell, JJ., dissent.
2016-0215. State v. Grimes.
Muskingum App. No. CT2015-0026. Discretionary
appeal accepted. Motion to
stay denied.
Pfeifer and Lanzinger, JJ., would grant the motion
to stay.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent and
would not accept the cause.
APPEALS NOT ACCEPTED FOR REVIEW
2015-0649. State v. Monroe.
Franklin App. No. 13AP-598, 2015-Ohio-844.
2015-1607. State v. Williams.
Lorain App. No. 14CA010641, 2015-Ohio-3932.
O’Donnell, J., dissents.
2015-1805. Martin v. Jones.
Adams App. No. 14CA992, 2015-Ohio-3168.
Appeal and cross-appeal not accepted.
O’Neill, J., dissents and would accept the appeal
and cross-appeal.
2015-1806. State v. Evans.
Cuyahoga App. No. 102215, 2015-Ohio-3878.
2015-1807. Columbia Gas of Ohio, Inc. v. Toledo
Edison Co.
Lucas App. No. L-14263, 2015-Ohio-3942.
Kennedy, J., dissents and would accept the
appeal on Proposition of Law No. IV.
2015-1808. State v. Roig.
Cuyahoga App. No. 102423, 2015-Ohio-3884.
2015-1809. O’Brien v. Phillips.
Franklin App. No. 14AP-1026, 2015-Ohio-3901.
French, J., dissents.
2015-1818. In re Estate of Abraitis.
Cuyahoga App. No. 102403, 2015-Ohio-4077.
2015-1825. Nejman v. Charney.
Cuyahoga App. No. 102584, 2015-Ohio-4087.
French, J., dissents.
2015-1829. In re K.E.
Hamilton App. No. C-150020. French and O’Neill,
JJ., dissent.
2015-1830. State v. Sowards.
Gallia App. No. 06CA13.
2015-1839. State v. Rickard.
Wood App. Nos. WD-14-016 and WD-14-017,
2015-Ohio-3298. O’Neill, J., dissents.
2015-1844. State v. Bayer.
Fairfield App. No. 14-CA-55, 2015-Ohio-4138.
2015-1846. State v. Upton.
Cuyahoga App. No. 101815, 2015-Ohio-3341.
O’Connor, C.J., and O’Neill, J., dissent.
2015-1848. State v. Alridge.
Sandusky App. No. S-15-001, 2015-Ohio-4064.
O’Donnell, J., dissents and would accept the
appeal on Proposition of Law Nos. II, III and IV.
2015-1850. Burton v. Dutiel.
Perry App. Nos. 14-CA-00024 and 14-CA-00025,
2015-Ohio-4134.
2015-1852. Citimortgage, Inc. v. Snider.
Geauga App. No. 15-G-0008, 2015-Ohio-4028.
O’Donnell, J., dissents.
2015-1854. Radtke v. Chester Twp.
Geauga App. No. 2014-G-3222, 2015-Ohio-4016.
O’Donnell and Kennedy, JJ., dissent.
2015-1859. State v. Chapman.
Franklin App. No. 15AP-70, 2015-Ohio-4042.
French, J., dissents.
2015-1869. Shell v. Durrani.
Butler App. No. CA2014-11-232, 2015-Ohio-4140.
2015-1870. Cooper v. Commercial Sav. Bank.
Wyandot App. No. 16-14-04, 2015-Ohio-4131.
2015-1871. Cooper v. Commercial Sav. Bank.
Wyandot App. No. 16-14-08, 2015-Ohio-4131.
Motion to strike denied as moot.
2015-1875. State v. Davis.
Franklin App. No. 15AP-518, 2015-Ohio-4481.
2015-1878. State v. Terrel.
Miami App. No. 2014-CA-24, 2015-Ohio-4201.
French, J., dissents and would accept the cause
on Proposition of Law No. II and hold the cause
for decision in 2014-1825, State v. Marcum.
2015-1884. Fraternal Order of Police Lodge 8 v.
Cleveland.
Cuyahoga App. No. 102565, 2015-Ohio-4188.
Pfeifer, J., dissents.
2015-1885. G.S. v. G.L.
Erie App. No. E-14-136, 2015-Ohio-4407.
2015-1887. State v. Skapik.
Champaign App. No. 2015-CA-5, 2015-Ohio-
4404. Appeal and cross-appeal not accepted.
2015-1890. In re D.W.
Hamilton App. No. C-140632. Pfeifer, J., dissents.
2015-1891. Martin v. Lamrite W., Inc.
Cuyahoga App. No. 102251, 2015-Ohio-3585.
O’Donnell, J., dissents.
2015-1900. State v. Dellagnese.
Summit App. No. 27492, 2015-Ohio-4349.
2015-1901. State v. Padilla.
Lorain App. No. 14CA010640, 2015-Ohio-4220.
2015-1902. Compton v. Compton.
Stark App. No. 2014CA00207, 2015-Ohio-4327.
2015-1906. Lakeside REO Ventures, L.L.C. v.
Vandeleur Investors, L.L.C.
Franklin App. No. 14AP-1101, 2015-Ohio-4254.
2015-1907. Williams v. State.
Cuyahoga App. No. 102664, 2015-Ohio-3771.
2015-1908. Westfall v. Estate of Dlesk.
Harrison App. No. 14 HA 17, 2015-Ohio-4313.
O’Donnell, J., dissents.
2015-1910. Stauffer v. Smith.
Trumbull App. No. 2015-T-0032, 2015-Ohio-4240.
2015-1912. State v. Davis.
Lorain App. No. 14CA010639, 2015-Ohio-4218.
2015-1915. Golubski v. United States Plastic
Equip., L.L.C.
Portage App. No. 2015-P-0001, 2015-Ohio-4239.
O’Donnell and Kennedy, JJ., dissent.
2015-1918. McWreath v. Maiorca.
Trumbull App. No. 2014-T-0075, 2015-Ohio-4319.
Pfeifer and Kennedy, JJ., dissent.
2015-1919. State v. Jackson.
Cuyahoga App. No. 102394, 2015-Ohio-4274.
O’Connor, C.J., and French, J., dissent and would
accept and hold the cause for decision in 2015-
1427, State v. Jones.
2015-1921. State v. Lam.
Montgomery App. No. 26428, 2015-Ohio-4293.
O’Neill, J., dissents.
2015-1922. State v. Workman.
Athens App. No. 14CA25, 2015-Ohio-4483.
Pfeifer, J., dissents.
2015-1923. Baaron, Inc. v. Davidson.
Wayne App. No. 13CA0050, 2015-Ohio-4217.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-1928. State v. Fensler.
Tuscarawas App. No. 2015 AP 04 0018, 2015-
Ohio-4597.
2015-1931. Chumlea v. Chumlea.
Clark App. No. 2014 CA 075, 2015-Ohio-4197.
2015-1932. Luthy v. Martinez.
Hamilton App. No. C-1500066.
O’Donnell, J., dissents.
2015-1934. Chumlea v. Chumlea.
Clark App. No. 2014 CA 08, 2015-Ohio-4196.
2015-1936. State v. Jackson.
Summit App. No. 27478, 2015-Ohio-4356.
2015-1937. U.S. Bank, N.A. v. Brown.
Cuyahoga App. No. 103121. O’Neill, J., dissents.
2015-1941. Ballard v. Nationwide Ins. Co.
Mahoning App. No. 14 MA 85, 2015-Ohio-4474.
Kennedy, J., dissents.
2015-1944. State v. Gonzalez.
Mahoning App. No. 13 MA 103.
2015-1947. State v. Pavisch.
Portage App. No. 2015-P-0037, 2015-Ohio-4545.
2015-1949. State v. Kay.
Montgomery App. No. 26344, 2015-Ohio-4403.
O’Donnell, J., dissents.
Lanzinger, J., dissents and would accept and hold
the cause for decision in 2014-1825, State v.
Marcum.
2015-1951. State v. Nguyen.
Athens App. No. 14CA42, 2015-Ohio-4414.
2015-1957. State v. Back.
Butler App. Nos. CA2015-03-037 and CA2015-03-
038, 2015-Ohio-4447.
Kennedy and French, JJ., dissent and would
accept and hold the cause for decision in 2014-
1825, State v. Marcum.
O’Neill, J., dissents and would accept the cause
on Proposition of Law No. I and hold the cause for
decision in 2014-1825, State v. Marcum.
2015-1962. State v. Stafford.
Hamilton App. No. C-150006.
2015-1980. State v. Anderson.
Franklin App. No. 14AP-1047, 2015-Ohio-4458.
2015-1989. Goffstein v. Goffstein.
Hamilton App. No. C-140418.
2015-1994. State v. Wharton.
Summit App. No. 27656, 2015-Ohio-4566. Pfeifer
and O’Neill, JJ., dissent.
2015-1996. Salyers v. Buehrer.
Hamilton App. No. C-140756, 2015-Ohio-4507.
Pfeifer and O’Neill, JJ., dissent.
2015-2058. State v. Hickman.
Summit App. No. 27321, 2015-Ohio-4668.
2015-2070. Welly v. Welly.
Seneca App. No. 13-15-15, 2015-Ohio-4804.
2015-2072. Tobin v. Univ. Hosp. E.
Franklin App. No. 15AP-153, 2015-Ohio-3903.
2015-2085. State v. Hively.
Gallia App. No. 13CA15, 2015-Ohio-2297.
2016-0099. State v. Graves.
Lucas App. No. L-14-1171, 2015-Ohio-3696.
RECONSIDERATION OF PRIOR DECISIONS
2014-2201. In re Adoption of H.N.R.
Greene App. No. 2014-CA-35, 2014-Ohio-4959.
Reported at __ Ohio St.3d __, 2015-Ohio-5476,
__ N.E.3d __. On motion for reconsideration.
Motion denied.
O’Neill, J., dissents.
2015-1293. Siegel v. State.
Franklin App. No. 14AP-279, 2015-Ohio-441.
Reported at 43 Ohio St.3d 1441, 2015-Ohio-5468,
43 N.E.3d 451. On motion for reconsideration.
Motion denied.
O’Donnell and O’Neill, JJ., dissent.
2015-1343. Cobb v. Shipman.
Trumbull App. No. 2013-T-0117, 2015-Ohio-2604.
Reported at 43 Ohio St.3d 1441, 2015-Ohio-5468,
43 N.E.3d 452. On motion for reconsideration.
Motion denied.
O’Donnell and Kennedy, JJ., dissent.
2015-1391. Stancik v. Deutche Natl. Bank.
Cuyahoga App. No. 102019, 2015-Ohio-2517.
Reported at 43 Ohio St.3d 1442, 2015-Ohio-5468,
43 N.E.3d 452. On motion for reconsideration.
Motion denied.
O’Neill, J., dissents.
2015-1781. State v. Higdon.
Medina App. No. 14CA00014-M, 2015-Ohio-1592.
Reported at 43 Ohio St.3d 1438, 2015-Ohio-5468,
43 N.E.3d 450. On motion for reconsideration.
Motion denied.
Victims of Attorney Theft Awarded Money from
Lawyers' Fund
By Stephanie Beougher | March 8, 2016
The Board of Commissioners of the Lawyers’
Fund for Client Protection has awarded $236,558
to 33 victims of attorney theft. Ten former or
suspended Ohio attorneys were found to have
misappropriated client funds, and additional
claims were made involving five deceased
attorneys.
Cuyahoga County
The maximum award amount of $75,000 was
approved to a former client of now-deceased
Westlake attorney James L. Burns for failure to
account for the client’s funds.
A former client of deceased attorney Bruce M.
Cichocki was reimbursed $440 as a result of the
attorney’s failure to complete the services
requested prior to his death in 2013.
Two former clients of former attorney James W.
Westfall Jr. were reimbursed a total of $2,305
because he failed to provide the services
requested before resigning from the practice of
law in Ohio in August 2013 with discipline
pending.
Delaware County
A former client of former Delaware County
attorney Aaron R. Scheeler was reimbursed $850
as a result of Scheeler failing to provide the
services requested. He resigned from the practice
of law in Ohio, with discipline pending, in October
2014.
Erie County
Former clients of deceased attorney John F.
Kirwan were reimbursed $2,300 as a result of
Kirwan’s failure to complete the services
requested prior to his death in September 2013.
Franklin County
The board awarded reimbursement to former
clients of two Franklin County attorneys. Fifteen
former clients of suspended attorney Mohammed
Noure Alo were reimbursed a total of $54,540 as
a result of Alo’s failure to provide the services
requested.
A former client of deceased attorney Ester D.
Harber was reimbursed $600 because legal
services were not completed before Harber’s
death in June 2014.
Hamilton County
A former client of former Hamilton County attorney
Geoffrey P. Damon was reimbursed $1,000 as a
result of Damon’s failure to return funds belonging
to his client. He was permanently disbarred from
the practice of law in Ohio in September 2014.
Lake County
Two former clients of former Lake County attorney
David H. Davies were reimbursed a total of
$66,000 as a result of Davies’ failure to account
for funds belonging to his clients. Davies was
permanently disbarred from the practice of law in
Ohio in December 2015.
Montgomery County
Two former clients of suspended attorney Thomas
P. Liptock were reimbursed a total of $1,650 as a
result of Liptock’s failure to complete the services
requested. His license to practice law in Ohio was
suspended indefinitely in November 2015.
A former client of Raymond W. O’Neal was
reimbursed $4,800 paid to the attorney but not
earned. O’Neal’s law license was suspended in
December 2012.
Morrow County
A former client of former Morrow County attorney
William M. Adams was reimbursed $21,317.50
paid to Adams but not properly accounted for.
Adams resigned from the practice of law in Ohio
in April 2014 with discipline pending.
Stark County
Two former clients of Stark County attorney
Celeste M. DeHoff, whose law license was
suspended indefinitely in March 2015, were
reimbursed a total of $1,650 as a result of
DeHoff’s failure to provide the services requested.
Summit County
A former client of former Summit County attorney
Peter F. Fletcher was reimbursed $1,106 for fees
paid to Fletcher for services that he failed to
provide. Fletcher was permanently disbarred from
the practice of law in Ohio in April 2013.
Wayne County
A former client of deceased Wayne County
attorney David T. Eager was reimbursed $3,000
paid to Eager for services that he failed to provide
prior to his death in May 2015.
The Lawyers’ Fund for Client Protection, formerly
known as the Clients’ Security Fund, was created
in 1985 by the Ohio Supreme Court and is
supported from the Attorney Registration Fund.
More than $18 million has been awarded to
consumers. Ohio has more than 44,000 attorneys
engaged in the active practice of law, and less
than 1 percent of those attorneys have been
involved in reimbursement claims.
Law clients who believe they have sustained
financial losses resulting from attorney theft,
embezzlement, or misappropriation should call
614.387.9390 or 800.231.1680.
Victims of Attorney Theft Awarded Money from
Lawyers' Fund
By Stephanie Beougher | March 8, 2016
The Board of Commissioners of the Lawyers’
Fund for Client Protection has awarded $236,558
to 33 victims of attorney theft. Ten former or
suspended Ohio attorneys were found to have
misappropriated client funds, and additional
claims were made involving five deceased
attorneys.
Cuyahoga County
The maximum award amount of $75,000 was
approved to a former client of now-deceased
Westlake attorney James L. Burns for failure to
account for the client’s funds.
A former client of deceased attorney Bruce M.
Cichocki was reimbursed $440 as a result of the
attorney’s failure to complete the services
requested prior to his death in 2013.
Two former clients of former attorney James W.
Westfall Jr. were reimbursed a total of $2,305
because he failed to provide the services
requested before resigning from the practice of
law in Ohio in August 2013 with discipline
pending.
Delaware County
A former client of former Delaware County
attorney Aaron R. Scheeler was reimbursed $850
as a result of Scheeler failing to provide the
services requested. He resigned from the practice
of law in Ohio, with discipline pending, in October
2014.
Erie County
Former clients of deceased attorney John F.
Kirwan were reimbursed $2,300 as a result of
Kirwan’s failure to complete the services
requested prior to his death in September 2013.
Franklin County
The board awarded reimbursement to former
clients of two Franklin County attorneys. Fifteen
former clients of suspended attorney Mohammed
Noure Alo were reimbursed a total of $54,540 as
a result of Alo’s failure to provide the services
requested.
A former client of deceased attorney Ester D.
Harber was reimbursed $600 because legal
services were not completed before Harber’s
death in June 2014.
Hamilton County
A former client of former Hamilton County attorney
Geoffrey P. Damon was reimbursed $1,000 as a
result of Damon’s failure to return funds belonging
to his client. He was permanently disbarred from
the practice of law in Ohio in September 2014.
Lake County
Two former clients of former Lake County attorney
David H. Davies were reimbursed a total of
$66,000 as a result of Davies’ failure to account
for funds belonging to his clients. Davies was
permanently disbarred from the practice of law in
Ohio in December 2015.
Montgomery County
Two former clients of suspended attorney Thomas
P. Liptock were reimbursed a total of $1,650 as a
result of Liptock’s failure to complete the services
requested. His license to practice law in Ohio was
suspended indefinitely in November 2015.
A former client of Raymond W. O’Neal was
reimbursed $4,800 paid to the attorney but not
earned. O’Neal’s law license was suspended in
December 2012.
Morrow County
A former client of former Morrow County attorney
William M. Adams was reimbursed $21,317.50
paid to Adams but not properly accounted for.
Adams resigned from the practice of law in Ohio
in April 2014 with discipline pending.
Stark County
Two former clients of Stark County attorney
Celeste M. DeHoff, whose law license was
suspended indefinitely in March 2015, were
reimbursed a total of $1,650 as a result of
DeHoff’s failure to provide the services requested.
Summit County
A former client of former Summit County attorney
Peter F. Fletcher was reimbursed $1,106 for fees
paid to Fletcher for services that he failed to
provide. Fletcher was permanently disbarred from
the practice of law in Ohio in April 2013.
Wayne County
A former client of deceased Wayne County
attorney David T. Eager was reimbursed $3,000
paid to Eager for services that he failed to provide
prior to his death in May 2015.
The Lawyers’ Fund for Client Protection, formerly
known as the Clients’ Security Fund, was created
in 1985 by the Ohio Supreme Court and is
supported from the Attorney Registration Fund.
More than $18 million has been awarded to
consumers. Ohio has more than 44,000 attorneys
engaged in the active practice of law, and less
than 1 percent of those attorneys have been
involved in reimbursement claims.
Law clients who believe they have sustained
financial losses resulting from attorney theft,
embezzlement, or misappropriation should call
614.387.9390 or 800.231.1680.
CASE ANNOUNCEMENTS
March 3, 2016
[Cite as 03/03/2016 Case Announcements, 2016-
Ohio-794.]
MERIT DECISIONS WITH OPINIONS
2014-1025. Oak View Properties, L.L.C. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-786.
Board of Tax Appeals, Nos. 2013-4286 and 2013-
4368. Decision affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0286. Cincinnati Bar Assn. v. Ball, Slip
Opinion No. 2016-Ohio-785.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2014-001. Stephen John Ball, Attorney
Registration No. 00087242, is hereby indefinitely
suspended from the practice of law.
O’Connor, C.J., and O’Donnell, Lanzinger,
French, and O’Neill, JJ., concur.
Pfeifer and Kennedy, JJ., dissent and would
impose a suspension of two years with six months
stayed on conditions.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-078. In re Disqualification of Gilligan, 2015-
Ohio-5663 (decided Sept. 11, 2015).
15-AP-081. In re Disqualification of Slagle, 2015-
Ohio-5664 (decided Sept. 22, 2015).
MOTIONS AND PROCEDURAL RULINGS
2015-2097. In re Application of 6011 Greenwich
Windpark, L.L.C.
Power Siting Board, No. 13-990-EL-BGN. This
cause is pending before the court as an appeal
from the Power Siting Board.
Upon consideration of appellee’s motion to
suspend briefing schedule, it is ordered by the
court that the motion is granted.
2 03-03-16
CASE ANNOUNCEMENTS
March 8, 2016
[Cite as 03/08/2016 Case Announcements, 2016-
Ohio-895.]
MERIT DECISIONS WITH OPINIONS
2015-0293. Disciplinary Counsel v. Williams, Slip
Opinion No. 2016-Ohio
827.
On Certified Report by the Board of Professional
Conduct, No. 2014-043. Orlando Joseph Williams,
Attorney Registration No. 0033558, is hereby
suspended from the practice of law for two years
with 18 months stayed on conditions.
O’Connor, C.J., and Pfeifer, Kennedy, French, and
O’Neill, JJ., concur.
O’Donnell and Lanzinger, JJ., dissent and would
adopt the position of the panel and impose a two-
year suspension without stay.
2015-0587. Columbus Bar Assn. v. Reed, Slip
Opinion No. 2016-Ohio-834.
On Certified Report by the Board of Professional
Conduct, No. 2014-050. Joseph Dues Reed,
Attorney Registration No. 0025938, is hereby
suspended from the practice of law for two years
with 18 months stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
and French, JJ., concur.
Lanzinger and O’Neill, JJ., dissent and would
adopt the position of the board and panel and
impose a two-year suspension with six months
stayed on conditions.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-099. In re Disqualification of Celebrezze,
2015-Ohio-5672 (decided Dec. 17, 2015).
15-AP-100. In re Disqualification of Basinski,
2015-Ohio-5673 (decided Dec. 8, 2015).
15-AP-103. In re Disqualification of Jamison,
2015-Ohio-5674 (decided Dec. 11, 2015).
MOTION AND PROCEDURAL RULINGS
2014-2012. Giddens v. Testa.
Board of Tax Appeals, No. 2012-359. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon review of the notice of automatic exclusion
filed in this case by the Office of Attorney
Services, it is evident that Richard E. Walters has
not complied with the pro hac vice registration
requirements as outlined in Gov.Bar R. XII.
Therefore, it is ordered by the court that the pro
hac vice admission of Richard E. Walters is
revoked.
2 03-08-16
CASE ANNOUNCEMENTS
March 7, 2016
[Cite as 03/07/2016 Case Announcements, 2016-
Ohio-857.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-084. In re Disqualification of Dinkelacker,
2015-Ohio-5669 (decided Oct. 13, 2015).
15-AP-093. In re Disqualification of Burt, 2015-
Ohio-5670 (decided Nov. 25, 2015).
15-AP-097. In re Disqualification of Luebbers,
2015-Ohio-5671 (decided Nov. 18, 2015).
MOTION AND PROCEDURAL RULINGS
2015-0323. Steak N Shake, Inc. v. Warren Cty.
Bd. of Revision.
Board of Tax Appeals, No. 2013-6104. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s motion to stay
briefing schedule, it is ordered by the court that
the motion is granted. The parties shall notify the
court immediately upon the issuance of the Board
of Tax Appeals’ decision in the previously
remanded case of Steak ‘n Shake, Inc. v. Warren
Cty. Bd. of Revision.
DISCIPLINARY CASES
2015-1129. Disciplinary Counsel v. Gussler.
This cause is pending before the court upon the
filing of a certification of default by the Board of
Professional Conduct. On August 6, 2015, this
court imposed an interim default suspension upon
respondent, Stephanie Gail Gussler, pursuant to
Gov.Bar R. V(14)(B)(1). On February 1, 2016,
respondent filed a motion for leave to file answer.
The motion was not opposed.
On consideration thereof, it is ordered that
respondent’s motion for leave to file answer is
granted. This matter is remanded to the board for
further proceedings under Gov.Bar R. V(12). It is
further ordered that the interim default suspension
imposed against respondent on August 6, 2015,
shall remain in place while this matter is pending
before the board. Proceedings before this court in
this case are stayed until further order of this
court.
2016-0159. In re Resignation of Courtney.
On application for resignation from the practice of
law of Darren Lee Courtney, Attorney Registration
No. 0064364, and on report filed under seal by
disciplinary counsel. Resignation accepted with
disciplinary action pending.
2 03-07-16
CASE ANNOUNCEMENTS
March 4, 2016
[Cite as 03/04/2016 Case Announcements, 2016-
Ohio-804.]
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03 or 2701.031.
15-AP-073. In re Disqualification of Daugherty,
2015-Ohio-5668 (decided Aug. 18, 2015).
15-AP-080. In re Disqualification of Favreau,
2015-Ohio-5666 (decided Oct. 5, 2015).
15-AP-083. In re Disqualification of Ghiz, 2015-
Ohio-5667 (decided Oct. 1, 2015).
MOTION AND PROCEDURAL RULINGS
2015-1719. State ex rel. Meigs Cty. Home Rule
Commt. v. Meigs Cty. Bd. of Cmmrs.
Meigs App. No. 15CA9, 2015-Ohio-3701. This
cause is pending before the court as an appeal
from the Court of Appeals for Meigs County.
Upon consideration of appellee’s motion to strike
appellants’ merit brief, it is ordered by the court
that the motion is denied.
It is further ordered that appellee shall file a merit
brief within 30 days of the date of this entry.
Appellant may then file a reply brief within 20 days
of the filing of appellee’s merit brief.
MISCELLANEOUS DISMISSALS
2015-1396. State ex rel. Johnson v. OSU Cancer
Research Hosp.
Franklin App. No. 14AP-430, 2015-Ohio-3249.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2015-2091. Wolfe v. Adkins.
Montgomery App. No. 26627. This cause is
pending before the court as an appeal from the
Court of Appeals for Montgomery County. The
records of this court indicate that appellant has
not filed a merit brief, due February 22, 2016, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Montgomery County.
2 03-04-16
CASE ANNOUNCEMENTS
March 1, 2016
[Cite as 03/01/2016 Case Announcements #2,
2016-Ohio-776.]
MOTION AND PROCEDURAL RULINGS
2015-0389. Carrollton City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2012-4862. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the motion for emergency
continuance of oral argument of appellee, Carmax
Auto Superstores, Inc., it is ordered by the court
that the motion is granted.
CASE ANNOUNCEMENTS
March 2, 2016
[Cite as 03/02/2016 Case Announcements, 2016-
Ohio-775.]
MERIT DECISIONS WITH OPINIONS
2014-0170. Veolia Water N. Am. Operating
Servs., Inc. v. Testa, Slip Opinion No. 2016-Ohio-
756.
Board of Tax Appeals, No. 2008-987. Decision
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-0883. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-757.
Board of Tax Appeals, No. 2011-2227. Decision
affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
MOTION AND PROCEDURAL RULINGS
2011-2005. State v. Dean.
Clark C.P. No. 05-CR-348. This cause is pending
before the court as an appeal from the Court of
Commons Pleas of Clark County.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and Angela Wilson
Miller is appointed to represent appellant for the
purposes of filing an application to reopen his
direct appeal pursuant to S.Ct.Prac.R. 11.06.
2015-1311. Bank of New York Mellon v. Martin.
Hamilton App. No. C-140314, 2015-Ohio-2531.
This cause is pending before the court as a
jurisdictional appeal.
On December 3, 2015, the proceedings in this
case were stayed pending resolution of
bankruptcy proceedings. Upon consideration of
appellee’s notice of termination of the automatic
bankruptcy stay, it is ordered by the court that the
stay of the proceedings is lifted and the case is
returned to active status.
2015-1772. State ex rel. Austin v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. This cause came on for further
consideration upon the filing of relator’s motion for
default judgment. It is ordered by the court that
the motion is denied as moot.
2016-0113. State v. Jalowiec.
Lorain App. No. 14CA010548, 2015-Ohio-5042.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motions for admission
pro hac vice of Elliot Slosar and Tara Thompson,
it is ordered by the court that the motions are
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission to appear pro hac
vice with the Supreme Court’s Office of Attorney
Services within 30 days of the date of this entry.
2016-0313. Ohio Mfrs. Assn. v. Ohioans for Drug
Price Relief Act.
Miscellaneous case. This cause originated in this
court upon the filing of a challenge invoking this
court’s original jurisdiction under Article II, Section
1g of the Ohio Constitution. It is ordered by the
court that this case shall proceed as provided for
in S.Ct.Prac.R. 14.01 and the clerk of court shall
serve a summons and copy of the challenge on all
respondents listed on the challenge. Respondents
shall file a response to the challenge within 21
days of service of the summons and challenge.
2 03-02-16
CASE ANNOUNCEMENTS
March 1, 2016
[Cite as 03/01/2016 Case Announcements, 2016-
Ohio-765.]
MERIT DECISIONS WITH OPINIONS
2015-1362. In re Application of Mikulin, Slip
Opinion No. 2016-Ohio-743.
On Report by the Board of Commissioners on
Character and Fitness, No. 614. Matthew Paul
Mikulin’s application for admission to the practice
of law is disapproved, but he may apply to take
the July 2016 bar examination.
O’Connor, C.J., and Pfeifer, O’Donnell, and
Lanzinger, JJ., concur. Kennedy and French, and
O’Neill, JJ., concur in judgment only.
CASE ANNOUNCEMENTS
February 29, 2016
[Cite as 02/29/2016 Case Announcements, 2016-
Ohio-742.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF FEBRUARY 29,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the February 29, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2011-1978. State v. Adams, 144 Ohio St.3d 429,
2015-Ohio-3954.
2012-0405. State v. Johnson, 144 Ohio St.3d 518,
2015-Ohio-4903.
2014-0067. Chesapeake Exploration, L.L.C. v.
Buell, 144 Ohio St.3d 490, 2015-Ohio-4551.
DISCIPLINARY CASES
2013-1979. Disciplinary Counsel v. Ward.
On application for reinstatement. Richard Grove
Ward, Attorney Registration No. 0037613, is
hereby reinstated to the practice of law.
2015-2029. Ohio State Bar Assn. v. Albright.
It is ordered by this court, sua sponte, that Joshua
Scott Albright, Attorney Registration No. 0087867,
last known address in Sidney, Ohio, is found in
contempt for failure to comply with this court’s
order of December 23, 2015, to wit: failure to file
an affidavit of compliance on or before January
22, 2016.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2016-0189. 1384 Madison, L.L.C. v. Perry Cty. Bd.
of Revision.
Board of Tax Appeals, No. 2014-4650.
2016-0207. RG Steel Warren, L.L.C. v. Biviano.
Trumbull App. No. 2014-T-0064, 2015-Ohio-5463.
2016-0256. Adams v. Testa.
Board of Tax Appeals, No. 2015-1090.
2016-0267. Kettering City Schools Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4889.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2014-1157. State ex rel. James v. Wal-Mart
Stores, Inc.
Franklin App. No. 13AP-3, 2014-Ohio-2279.
2015-1403. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-2777.
2015-1697. State ex rel. Bonnlander v. Hamon.
Franklin App. No. 14AP-855, 2015-Ohio-4038.
2015-2105. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3918.
2 02-29-16
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Respondent shall file a response to the complaint
within 21 days of the date of this entry.
2016-0163. State ex rel. Cincinnati Enquirer v.
Ohio Dept. of Commerce, Div. of State Fire
Marshal.
In Mandamus.
3 02-29-16
CASE ANNOUNCEMENTS
February 26, 2016
[Cite as 02/26/2016 Case Announcements, 2016-
Ohio-714.]
MOTION AND PROCEDURAL RULINGS
2014-1361. Frazier v. Deavers.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier, Jr.
2015-1298. Violation of Civ. Protection Order.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2015-1471. Frazier v. Deavers.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2015-1528. Violation of Civ. Protection Order.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2015-1646. Violation of Civ. Protection Order.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2015-1758. Violation of Civ. Protection Order.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2015-1864. Violation of Civ. Protection Order.
It is ordered that Willie D. Frazier Jr. is prohibited
from filing any additional documents in this case
and that the clerk of this court shall refuse to file
any additional documents tendered for filing in this
case by Willie D. Frazier Jr.
2016-0288. Washington v. Hooks.
Ross App. No. 15CA3521. This cause was filed
as a jurisdictional appeal. Upon consideration of
appellant’s memorandum in support of jurisdiction,
it is determined by the court that this cause
originated in the court of appeals and therefore
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Ross County and that the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
MISCELLANEOUS DISMISSALS
2015-1935. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-4975. This cause
is pending before the court as an appeal from the
Board of Tax Appeals. The records of this court
indicate that appellant has not filed a merit brief,
due February 8, 2016, in compliance with the
Rules of Practice of the Supreme Court of Ohio
and therefore has failed to prosecute this cause
with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 02-26-16
CASE ANNOUNCEMENTS
February 25, 2016
[Cite as 02/25/2015 Case Announcements, 2016-
Ohio-683.]
MERIT DECISIONS WITH OPINIONS
2014-1062. State v. Polus, Slip Opinion No. 2016-
Ohio-655.
Lucas App. Nos. L-13-1119 and L-13-1120, 2014-
Ohio-2321. Judgment affirmed and cause
remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., dissents.
2014-2157. Disciplinary Counsel v. Terry, Slip
Opinion No. 2016-Ohio-563.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2012-009. Steven James Terry, Attorney
Registration No. 0041460, is hereby permanently
disbarred from the practice of law in Ohio.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
and French, JJ., concur.
O’Donnell, J., concurs in judgment only.
O’Neill, J., dissents.
2015-0280. Disciplinary Counsel v. Brockler, Slip
Opinion No. 2016-Ohio
657.
On Certified Report by the Board of Professional
Conduct, No. 2014-030. Aaron James Brockler,
Attorney Registration No. 0078205, is hereby
suspended from the practice of law for one year,
with the entire suspension stayed on conditions.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent.
2015-1312. Cincinnati Bar Assn. v. Robertson,
Slip Opinion No. 2016-Ohio
654.
On Certified Report by the Board of Professional
Conduct, No. 2014-068. David Franklin
Robertson, Jr., Attorney Registration No.
0074030, is hereby suspended from the practice
of law for six months, with the suspension stayed
in its entirety.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1314. Disciplinary Counsel v. Camboni, Slip
Opinion No. 2016-Ohio
653.
On Certified Report by the Board of Professional
Conduct, No. 2015-011. Timothy Warren
Camboni, Attorney Registration No. 0083827, is
hereby suspended from the practice of law for one
year, with the entire suspension stayed on
conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
In re Sultaana.
On August 26, 2015, this court found Hakeem
Sultaana to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Sultaana was prohibited from continuing or
instituting legal proceedings in this court without
first obtaining leave. On February 22, 2016,
Sultaana submitted a motion for leave to file.
It is ordered by the court that the motion for leave
is denied.
2015-0515. Schwartz v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, Nos. 2013-6573 and 2013-
6574. This cause came on for further
consideration upon the filing of appellant’s motion
for relief from judgment.
It is ordered by the court that the motion for relief
from judgment is denied.
2016-0283. State ex rel. Bates v. Eppinger.
Lucas App. No. 15CA010845. This cause was
filed as a jurisdictional appeal. Upon consideration
of appellant’s memorandum in support of
jurisdiction, it is determined by the court that this
cause originated in the court of appeals and
therefore should proceed as an appeal of right
pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Lorain County and that
2 02-25-16
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
DISCIPLINARY CASES
2016-0251. Disciplinary Counsel v. Warren.
This cause is pending before the court upon the
filing by the Board of Professional Conduct of a
final report and recommendation. It has come to
the court’s attention that an exhibit attached to the
agreement for consent to discipline contains a
personal identifier, as defined by Rule 44(H) of the
Rules of Superintendence of the Courts of Ohio,
which has not been redacted.
It is ordered by the court, sua sponte, that a
representative from the Board of Professional
Conduct shall come to the Supreme Court of Ohio
Clerk’s Office and redact any and all personal
identifiers, as defined by Sup.R. 44(H), from the
agreement for consent to discipline and any
exhibits attached thereto within ten days of the
date of this entry.
3 02-25-16
CASE ANNOUNCEMENTS
February 24, 2016
[Cite as 02/24/2016 Case Announcements, 2016-
Ohio-652.]
MERIT DECISIONS WITH OPINIONS
2014-0978. Boone Coleman Constr., Inc. v.
Piketon, Slip Opinion No. 2016Ohio-628.
Pike App. No. 13CA836, 2014-Ohio-2377.
Judgment vacated and cause
remanded. O’Connor, C.J., and O’Neill, J., concur.
O’Donnell, Lanzinger, Kennedy, and French, JJ.,
concur in judgment only. Pfeifer, J., dissents.
2015-0820. State ex rel. Lockhart v. Sheldon, Slip
Opinion No. 2016-Ohio
627.
Lucas App. No. L-15-1018, 2015-Ohio-1569.
Judgment affirmed. O’Connor, C.J., and Pfeifer,
O’Donnell, Lanzinger, Kennedy, French, and
O’Neill, JJ., concur.
2015-0969. State ex rel. Dillon v. Cottrill, Slip
Opinion No. 2016-Ohio-626.
Muskingum App. No. CT2014-0053, 2015-Ohio-
1785. Judgment affirmed. O’Connor, C.J., and
Pfeifer, O’Donnell, Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1724. State ex rel. Buchanan v. Evans.
In Mandamus. On answer of respondent and
motions to strike and for leave to file supplemental
complaint. Motions denied and cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1946. State ex rel. McCoy v. Heath.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1948. State ex rel. Toptsidis v. Ohio Dept. of
Rehab. & Corr.
In Mandamus. On motion for judgment on
pleadings. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
2015-1967. Daniels v. Gjostein.
In Mandamus. On answer of respondent. Cause
dismissed. On motion for leave to file exhibit.
Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1985. El v. State
On motion to dismiss. Motion granted. Cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
MOTION AND PROCEDURAL RULINGS
2007-0755. State v. Maxwell.
Cuyahoga C.P. No. CR475400. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2008-2370. State v. Neyland.
Wood C.P. No. 2007CR0359. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2010-1105. State v. Osie.
Butler C.P. No. CR2009020302. On application for
reopening under S.Ct.Prac.R.
11.06. Application denied.
2015-1517. State ex rel. Singer v. Fairland Local
School Dist. Bd. of Edn.
In Mandamus. On motion for stay of discovery
and protective order. Motion granted.
Pfeifer, J., dissents.
2015-1648. Lavin v. Hervey.
Stark App. No. 2015CA00021, 2015-Ohio-3458.
On motion to strike or seal. Motion denied.
2015-2032. Foley v. Univ. of Dayton.
Certified Question of State Law, United States
District Court, Southern District of Ohio, Western
Division, No. 3:15-CV-96. On review of
preliminary memoranda pursuant to S.Ct.Prac.R.
9.05. The court will answer the following
questions:
“What is the statute of limitations for claims of
negligent misidentification?”
“Is the doctrine of absolute privilege applicable to
claims of negligent misidentification and, if so,
does it extend to statements made to law
enforcement officers implicating another person in
criminal activity?”
“Is the doctrine of qualified privilege applicable to
claims of negligent misidentification?”
Petitioner shall file its merit brief within 40 days,
and the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.04 and S.Ct.Prac.R. 9.07.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2015-2093. State v. Jennings.
Lucas App. No. L-13-1178, 2015-Ohio-134. On
motion for leave to file delayed appeal. Motion
denied.
2015-2112. State v. Majid.
Cuyahoga App. No. 103529. On motion for leave
to file delayed appeal. Motion denied.
2015-2113. State v. Todd.
Columbiana App. No. 12 CO 28, 2015-Ohio-2682.
On motion for leave to file delayed appeal. Motion
denied.
2016-0010. State v. Gibson.
Lucas App. Nos. L-13-1222 and L-13-1223, 2015-
Ohio-1679. On motion for leave to file delayed
appeal. Motion denied.
2016-0013. State v. Hedenberg.
Cuyahoga App. No. 102112, 2015-Ohio-4673. On
motion for leave to file delayed appeal. Motion
denied.
O’Neill, J., dissents.
2016-0030. State v. Bridges.
Cuyahoga App. Nos. 102930 and 103090, 2015-
Ohio-5428. On motion to stay decision of Eighth
District Court of Appeals. Motion denied.
APPEALS ACCEPTED FOR REVIEW
2015-1645. In re A.W.
Knox App. No. 15CA3, 2015-Ohio-3463.
Discretionary appeal accepted and cause held for
decision in 2014-0607, In re D.S., and briefing
schedule stayed.
2015-1679. State v. Sprague.
Auglaize App. No. 2-15-03, 2015-Ohio-3526.
Discretionary appeal accepted and cause held for
decision in 2014-1557, State v. Klembus, and
briefing schedule stayed.
2015-1691. State v. George.
Cuyahoga App. No. 102562, 2015-Ohio-4187.
Discretionary appeal accepted and cause held for
decision in 2015-1288, State v. Heinz, and
briefing schedule stayed.
2015-1737. Bibler v. Stevenson.
Hancock App. No. 5-14-29, 2015-Ohio-3717.
O’Connor, C.J., and Pfeifer and French, JJ.,
dissent.
2015-1756. McGowan v. Medpace, Inc.
Hamilton App. Nos. C-140634 and C-140652,
2015-Ohio-3743. O’Donnell and French, JJ.,
dissent.
2015-1767. State v. Wheeler.
Cuyahoga App. No. 102375, 2015-Ohio-3768.
Discretionary appeal accepted and cause held for
decision in 2015-0473, State v. Thomas, and
briefing schedule stayed.
2015-1816. In re D.D.
Stark App. No. 2015CA0043, 2015-Ohio-3999.
Discretionary appeal accepted on Proposition of
Law Nos. I and II; sua sponte, cause held for
decision in 2014-0607, In re D.S., and briefing
schedule stayed.
Pfeifer, Lanzinger, and O’Neill, JJ., would accept
the cause on all propositions of law.
O’Donnell and Kennedy, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2014-2197. State v. Cook.
Hamilton App. No. C-140118, 2014-Ohio-4900.
2015-1544. Wells Fargo Bank, N.A. v. Scott.
Montgomery App. No. 26552, 2015-Ohio-3269.
Appeal and cross-appeal not accepted.
Kennedy, J., dissents and would accept the
appeal.
2015-1649. Porter v. Porter.
Paulding App. No. 11-15-02, 2015-Ohio-3527.
2015-1652. Desir v. Mallett.
Franklin App. No. 14AP-766, 2015-Ohio-2124.
O’Neill, J., dissents.
2015-1654. State v. Battiste.
Cuyahoga App. No. 102299, 2015-Ohio-3586.
French, J., dissents and would accept the cause
on Proposition of Law Nos. I and II.
2015-1655. Smith v. Heslop, Inc.
Summit App. No. 27465, 2015-Ohio-3452.
2015-1659. Krueger v. Swineford.
Erie App. No. E-14-095, 2015-Ohio-3518.
2015-1660. Halasz v. Advanced Pain Mgt. Ctr.,
L.L.C.
Cuyahoga App. Nos. 103113 and 103117. French,
J., dissents.
2015-1662. Taneff v. HCR Manorcare, Inc.
Summit App. No. 27554, 2015-Ohio-3453.
French, J., dissents.
2015-1665. Flower v. Brunswick City School Dist.
Bd. of Edn.
Medina App. No. 14CA0021-M, 2015-Ohio-2620.
2015-1668. Panzica Constr. Co. v. Garfield Hope
Loan Acquisition, L.L.C.
Cuyahoga App. No. 102233, 2015-Ohio-3478.
2015-1677. State v. Miller.
Marion App. No. 9-14-50, 2015-Ohio-3529.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-1680. State v. C.A.
Franklin App. Nos. 14AP-738 and 14AP-746,
2015-Ohio-3437. O’Donnell, Kennedy, and
French, JJ., dissent.
2015-1682. In re G.L.L.
Geauga App. Nos. 2014-G-3189 and 2014-G-
3190, 2015-Ohio-3539.
2015-1684. White v. Toledo.
Lucas App. No. L-15-1076, 2015-Ohio-3667.
2015-1690. State v. Evans.
Cuyahoga App. No. 102069, 2015-Ohio-3032.
O’Connor, C.J., dissents and would accept and
hold the cause for the decision in 2014-0942,
State v. Walker.
O’Donnell and French, JJ., dissent.
2015-1696. State v. Gulley.
Cuyahoga App. No. 101527 Pfeifer, Lanzinger,
and Kennedy, JJ., dissent.
2015-1700. Sanders v. Frank.
Trumbull App. No. 2014-T-0074, 2015-Ohio-3644.
Pfeifer, J., dissents.
2015-1701. State v. Bryant.
Cuyahoga App. No. 102650, 2015-Ohio-3678.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-1712. State v. Gibson.
Allen App. No. 1-15-22, 2015-Ohio-3812.
2015-1720. Fisher v. Univ. of Cincinnati Med. Ctr.
Franklin App. No. 14AP-188, 2015-Ohio-3592.
2015-1721. State v. Warren.
Cuyahoga App. No. 102181, 2015-Ohio-3671.
2015-1729. State v. McClain.
Montgomery App. No. 26602, 2015-Ohio-3690.
2015-1730. Sojic v. Karp.
Montgomery App. No. 26664, 2015-Ohio-3692.
O’Donnell, J., dissents and would accept the
cause on Proposition of Law No. I.
2015-1731. Dehlendorf v. Gahanna.
Franklin App. No. 14AP-379, 2015-Ohio-3680.
French, J., not participating.
2015-1734. State v. Madison.
Cuyahoga App. No. 101478, 2015-Ohio-4365.
French, J., dissents.
2015-1739. State v. Jackson.
Hamilton App. No. C-1400573, 2015-Ohio-3742.
2015-1742. State v. Hall.
Cuyahoga App. No. 103247.
2015-1743. State v. Green.
Cuyahoga App. No. 102421, 2015-Ohio-4078.
O’Donnell, Lanzinger, and Kennedy, JJ., dissent.
2015-1746. State v. Faber.
Seneca App. No. 13-15-01, 2015-3720.
2015-1748. State v. Elliott.
Cuyahoga App. No. 102226, 2015-Ohio-3766.
2015-1759. State v. Thomas.
Franklin App. No. 14AP-185, 2015-Ohio-1778.
2015-1769. State v. Stoddard.
Summit App. No. 27426, 2015-Ohio-3750.
2015-1778. Miller v. Stuckey.
Crawford App. No. 3-15-10, 2015-Ohio-3819.
Pfeifer, J., dissents.
2015-1779. Hoffman Properties, L.P. v. Testa.
Medina App. No. 14CA0041-M, 2015-Ohio-3931.
2015-1780. State v. Roark.
Mercer App. No. 10-14-11, 2015-Ohio-3811.
O’Connor, C.J., dissents and would accept the
cause on Proposition of Law No. II and hold the
cause for the decision in 2015-0667, State v.
Aalim.
O’Neill, J., dissents, and would hold the cause for
the decision in 2015-0677, State v. Aalim.
2015-1784. State v. Temaj-Felix.
Hamilton App. No. C-140138, 2015-Ohio-3967.
2015-1785. State v. Temaj-Felix.
Hamilton App. No. C-140052, 2015-Ohio-3966.
2015-1786. Gauche v. Damon.
Hamilton App. No. C-140478. Motion to dismiss
denied as moot. O’Neill, J., dissents.
2015-1787. State v. Hornbuckle.
Mahoning App. No. 14 MA 105, 2015-Ohio-3962.
2015-1788. Honeycutt v. State.
Warren App. No. CA2015-05-042, 2015-Ohio-
3938.
2015-1791. State v. Jones.
Franklin App. No. 15AP-45, 2015-Ohio-3983.
2015-1795. Amoako-Okyere v. Church of the
Messiah United Methodist Church.
Franklin App. No. 14AP-441, 2015-Ohio-3841.
2015-1796. Washington Mut. Bank, F.A. v.
Wallace.
Warren App. Nos. CA2014-02-024 and CA2014-
02-031, 2014-Ohio-5317.
2015-1797. In re I.B.
Cuyahoga App. Nos. 102373 and 102853, 2015-
Ohio-4181.
2015-1801. US Bank, Natl. Assn. v. Avery.
Richland App. No. 14CA89, 2015-Ohio-3908.
2015-1803. Lukanec v. Servi-Temp Heating &
Cooling, Inc.
Mahoning App. No. 13 MA 95, 2015-Ohio-3956.
2015-1804. State v. Correa.
Mahoning App. No. 13 MA 23, 2015-Ohio-3955.
2015-1820. Orth v. State Dept. of Edn.
Franklin App. No. 14AP-937, 2015-Ohio-3977.
2015-1821. Columbus v. SSA, Ltd.
Delaware App. No. 14 CAE 12 0085, 2015-Ohio-
3995. O’Donnell, J., dissents.
2015-1822. State v. Simon.
Butler App. No. CA2015-05-081, 2015-Ohio-4448.
2015-1827. State v. Bunch. Mahoning App. No.
14 MA 168, 2015-Ohio-4151. O’Neill, J., dissents.
2015-1832. State v. Bickerstaff.
Ashtabula App. Nos. 2013-CR-00216 and 2014-
A-0054, 2015-Ohio-4014.
O’Neill, J., dissents.
2015-1836. State v. Swanson.
Ashtabula App. No. 2015-A-0006, 2015-Ohio-
4027.
2015-1849. State v. Horton.
Franklin App. No. 14AP-997, 2015-Ohio-4039.
2015-1872. Bank of New York Mellon v. Elliott.
Portage App. Nos. 2014-P-0069 and 2015-P-
0019, 2015-Ohio-4132.
2015-1889. In re M.E.
Hamilton App. No. C-140586, 2015-Ohio-3663.
O’Neill, J., dissents.
2015-1896. State v. Thompson.
Cuyahoga App. No. 102326, 2015-Ohio-3882.
2015-1905. State v. Knecht.
Warren App. No. CA2015-04-037, 2015-Ohio-
4316. O’Donnell, J., dissents.
2015-1920. State v. Justice.
Franklin App. No. 15AP-149.
2015-1979. State v. Myers.
Wood App. No. WD-13-048, 2014-Ohio-3759.
2015-2024. State v. Gray.
Richland App. No. 15CA74, 2015-Ohio-4723.
2015-2051. State v. Miller.
Franklin App. No. 14AP-851, 2015-Ohio-4678.
2015-2086. State v. Gregory.
Summit App. No. 27523, 2015-Ohio-4901.
O’Donnell, J., dissents.
2015-2106. State v. Barber.
Franklin App. No. 14AP-557, 2015-Ohio-2653.
2016-0025. State v. Williamson.
Cuyahoga App. No. 102320, 2015-Ohio-5135.
2016-0157. State v. Strowder.
Cuyahoga App. No. 103156, 2015-Ohio-5270.
Motion for stay denied.
O’Donnell and Kennedy, JJ., dissent and would
accept the cause and grant the motion for stay.
RECONSIDERATION OF PRIOR DECISIONS
2015-1119. State v. Webber.
Cuyahoga App. No. 101875, 2015-Ohio-1953.
Reported at 144 Ohio St.3d 1427, 2015-Ohio-
5225, 42 N.E.3d 763. On motion for
reconsideration. Motion denied.
O’Connor, C.J., dissents and would grant the
motion as to Proposition of Law No. I only.
Pfeifer and French, JJ., dissent.
2015-1194. State ex rel. DeWine v. Deer Lake
Mobile Park, Inc.
Geauga App. No. 2013-G-3156, 2015-Ohio-1060.
Reported at 144 Ohio St.3d 1428, 2015-Ohio-
5225, 42 N.E.3d 763. On motion for
reconsideration. Motion denied.
O’Donnell, J., dissents.
2015-1672. State v. Dixon.
Montgomery App. No. 26753. Reported at 144
Ohio St.3d 1430, 2015-Ohio-5252, 42 N.E.3d 764.
On motion for reconsideration. Motion denied.
2015-1735. State v. Dixon.
Montgomery App. No. 26676. Reported at 144
Ohio St.3d 1430, 2015-Ohio-5252, 42 N.E.3d 764.
On motion for reconsideration. Motion denied.
Court News Ohio
HAPPENING NOW
Six Cases Certified to Attorney Discipline Board
Staff Report | February 23, 2016
The Ohio Supreme Court’s Board of Professional
Conduct today announced six cases recently
certified to the board by a probable cause panel.
In each case, a certified complaint has been sent
to the respondent, and the respondent has been
asked to file an answer to the allegations
contained in the complaint. Once an answer is
received, the case will be assigned to a three-
member hearing panel of the board, and the
hearing panel will conduct further proceedings in
the case.
Typically, a public hearing is scheduled within four
to six months after the case is assigned to a
hearing panel. Please consult the Upcoming
Hearings schedule for a monthly schedule of
board hearings. Contact the board’s office at
614.387.9370 to confirm that a hearing will be
held as scheduled or for more information about a
case. Case documents can be obtained via e-mail
upon request.
If the board finds that a lawyer or judge has
engaged in professional misconduct, the board
will file a report with the Supreme Court that
includes a recommended sanction. The Supreme
Court is responsible for reviewing the case record
and imposing discipline.
Disciplinary Counsel, Relator v. Arthur Arould
Ames, Respondent
Case No. 2015-079
Respondent’s address: 910 Harman Ave., Dayton
Respondent’s counsel: None
Disciplinary Counsel, Relator v. William Henry
Truax Jr., Respondent
Case No. 2015-080
Respondent’s address: P.O. Box 6433, Columbus
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Dennis Michael
McGrath, Respondent
Case No. 2015-081
Respondent’s address: P.O. Box 656, Hamburg,
NY
Respondent’s counsel: Kenneth R. Donchatz
Trumbull County Bar Association, Relator v.
Csaba Andrew Bodor, Respondent
Case No. 2016-001
Respondent’s address: 10015 Deerfield Lane,
Brecksville
Respondent’s counsel: None
Cleveland Metropolitan Bar Association, Relator v.
Nancy Cole Finan, Respondent
Case No. 2016-002
Respondent’s address: 31116 Carlton Drive, Bay
Village
Respondent’s counsel: None
Disciplinary Counsel, Relator v. Amy Michelle
Moore, Respondent
Case No. 2016-003
Respondent’s address: P.O. Box 2537,
Westerville
Respondent’s counsel: Charles J. Kettlewell
CASE ANNOUNCEMENTS
February 22, 2016
[Cite as 02/22/2016 Case Announcements, 2016-
Ohio-615.]
MISCELLANEOUS DISMISSALS
2016-0096. State ex rel. Mead v. Dayton.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
February 19, 2016
[Cite as 02/19/2016 Case Announcements #2,
2016-Ohio-587.]
MOTION AND PROCEDURAL RULINGS
2005-1316. State v. Frazier.
Lucas C.P. No. CR0200401509. This cause came
on for further consideration upon appellee’s
motion to set an execution date.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
It is further ordered that James P. Frazier’s
sentence be carried into execution by the warden
of the Southern Ohio Correctional Facility or, in
his absence, by the deputy warden on Thursday,
the 17th day of October, 2019, in accordance with
the statutes so provided.
It is further ordered that a certified copy of this
entry and a warrant under the seal of this court be
duly certified to the warden of the Southern Ohio
Correctional Facility and that said warden shall
make due return thereof to the Clerk of the Court
of Common Pleas of Lucas County.
Pfeifer and O’Neill, JJ., dissent.
PFEIFER, J., dissenting.
{¶ 1} Today this court sets a date of execution for
James Frazier. The act begs the question: Why?
{¶ 2} In 2015, our great state did not execute a
single person, and no executions are scheduled
for 2016, in large part because, according to a
press release issued by the Ohio Department of
Rehabilitation and Correction (“ODRC”) in
October 2015, obtaining the drugs used for
executions has proved to be “exceedingly
difficult.” Execution Dates Revised,
http://www.drc.ohio.gov/Public/press/press439.ht
m (accessed Jan. 19, 2016). At this time (not
counting the execution date set today in this
case), 11 executions have been scheduled for
2017, eight have been scheduled for 2018, and
six have been scheduled for 2019. Id. The state
does not have the drugs needed to carry out the
executions.
{¶ 3} In 2014, a federal judge described Ohio’s
then lethal-injection protocol as “an experiment in
lethal injection processes.” In re Ohio Execution
Protocol Litigation, 994 F.Supp.2d 906, 913
(S.D.Ohio 2014). In early 2015, the ODRC
announced that the protocol has been revised.
Ohio Revises Lethal Injection Protocol,
http://www.drc.ohio.gov/Public/
press/press436.htm (accessed Jan. 19, 2016).
The new protocol “contemplates the use of
pentobarbital and thiopental sodium,” the
suppliers of which sought and have been provided
anonymity. In re Ohio Execution Protocol
Litigation, S.D.Ohio No. 2:11-CV-1016, 2015 WL
6446093, *9 (Oct. 26, 2015). Given that no
executions are scheduled to take place in 2016, it
is likely that there are no suppliers to shield. We
don’t know much about the ODRC’s attempts to
procure the necessary drugs other than its
enigmatic statement made more than a year ago
in the same press release announcing the current
protocol that “[a]s Ohio secures a supply of
pentobarbital and thiopental sodium, [executions]
will be postponed to a date to be announced in
the future.”
http://www.drc.ohio.gov/Public/press/press436.ht
m. Was the ODRC announcing a fait accompli?
Events suggest that that is unlikely.
{¶ 4} At this time, the state is incapable of properly
executing the 25 people for whom execution
dates have previously been set. It serves no
rational purpose for this court to continue to set
execution dates while significant logistical
obstacles remain in place and more legal
challenges are likely.
{¶ 5} I dissent.
O’NEILL, J., concurs in the foregoing opinion.
202-19-16
CASE ANNOUNCEMENTS
February 18, 2016
[Cite as 02/18/2016 Case Announcements, 2016-
Ohio-565.]
MERIT DECISIONS WITH OPINIONS
2014-0223. Cuyahoga Cty. Bd. of Health v. Lipson
O’Shea Legal Group, Slip Opinion No. 2016-Ohio-
556.
Cuyahoga App. No. 99832, 2013-Ohio-5736.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-0159. State ex rel. R.W. v. Williams, Slip
Opinion No. 2016-Ohio-562.
In Prohibition. Writ denied.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and Kennedy, JJ., concur.
French and O’Neill, JJ., dissent.
MOTION AND PROCEDURAL RULINGS
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report, it is
ordered by the court that the stay of the briefing
schedule is hereby extended. The parties shall
notify the court within 60 days from the date of
this entry of the status and whether the stay may
be lifted.
2015-1490. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3495. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
to the Franklin County Board of Revision to
implement a settlement agreement, it is ordered
by the court that the cause is remanded to the
Franklin County Board of Revision to take further
action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals and the
Franklin County Board of Revision.
MISCELLANEOUS DISMISSALS
2015-0551. A.M. Castle & Co. v. Testa.
Board of Tax Appeals, No. 2013-5851. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2 02-18-16
CASE ANNOUNCEMENTS
February 19, 2016
[Cite as 02/19/2016 Case Announcements, 2016-
Ohio-584.]
DISCIPLINARY CASES
2014-0968. Disciplinary Counsel v. Meyer.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt order.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2014-2148. Disciplinary Counsel v. Coleman.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt order.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2015-1956. In re Ames.
It is ordered by this court, sua sponte, that Arthur
Arould Ames, Attorney Registration No. 0018227,
last known business address in Dayton, Ohio, is
found in contempt for failure to comply with this
court’s order of December 10, 2015, to wit: failure
to file an affidavit of compliance on or before
January 11, 2016.
CASE ANNOUNCEMENTS
February 17, 2016
[Cite as 02/17/2016 Case Announcements, 2016-
Ohio-552.]
MERIT DECISIONS WITH OPINIONS
2014-2128. State ex rel. Haley v. Davis, Slip
Opinion No. 2016-Ohio-534.
Summit App. No. 27248. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-2155. Disciplinary Counsel v. Simon, Slip
Opinion No. 2016-Ohio-535.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2014-013. Thomas John Simon, Attorney
Registration No. 009725, is hereby suspended
from the practice of law for six months, fully
stayed on condition.
Pfeifer, Kennedy, French, and O’Neill, JJ., concur.
O’Connor, C.J., and O’Donnell and Lanzinger, JJ.,
dissent and would suspend the respondent for 24
months with 18 months stayed.
2014-2250. Mahoning Cty. Bar Assn. v. DiMartino,
Slip Opinion No. 2016Ohio-536.
On Certified Report by the Board of Professional
Conduct, No. 2014-080. Dennis Armand
DiMartino, Attorney Registration No. 0039270, is
hereby indefinitely suspended from the practice of
law.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
CASE ANNOUNCEMENTS
February 16, 2016
[Cite as 02/16/2016 Case Announcements, 2016-
Ohio-514.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF FEBRUARY 16,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the February 16, 2016
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-1770. Northeast Ohio Regional Sewer Dist.
v. Bath Twp., 144 Ohio St.3d 387, 2015-Ohio-
3705.
2014-0277. In re Z.R., 144 Ohio St.3d 380, 2015-
Ohio-3306.
2014-0722. Sears, Roebuck & Co. v. Franklin Cty.
Bd. of Revision, 144 Ohio St.3d 421, 2015-Ohio-
4522.
2014-1174. State v. Rosario, 144 Ohio St.3d 428,
2015-Ohio-4536.
2015-0279. Disciplinary Counsel v. Phillabaum,
144 Ohio St.3d 417, 2015Ohio-4346.
2015-0299. Trumbull Cty. Bar Assn. v. Biviano,
144 Ohio St.3d 411, 2015Ohio-4308.
2015-0301. Lorain Cty. Bar Assn. v. Nelson, 144
Ohio St.3d 414, 2015-Ohio4337.
2015-0921. Ohio State Bar Assn. v. Wishgard,
144 Ohio St.3d 408, 2015-Ohio4309.
2015-1426. State ex rel. Curtis v. Summit Cty. Bd.
of Elections, 144 Ohio St.3d 405, 2015-Ohio-
3787.
2015-1673. In re Hayman, 144 Ohio St.3d 1258,
2015-Ohio-4287.
MERIT DECISIONS WITH OPINIONS
2014-0963. Rural Health Collaborative of S. Ohio
v. Testa, Slip Opinion No. 2016-Ohio-508.
Board of Tax Appeals, No. 2012-3421. Judgment
affirmed in part and reversed in
part, and cause remanded.
O’Connor, C.J., and Pfeifer, Lanzinger, French,
and O’Neill, JJ., concur.
O’Donnell and Kennedy, JJ., dissent.
2014-1823. ShadoArt Prods., Inc. v. Testa, Slip
Opinion No. 2016-Ohio-511.
Board of Tax Appeals, No. 2012-2591. Judgment
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-2036. In re Messer, Slip Opinion No. 2016-
Ohio-510.
Certified Question of State Law, United States
Bankruptcy Court, Southern District of Ohio,
Eastern Division, No. 13-57467, Adversary
Proceeding No. 1302448. Both certified questions
answered in the affirmative.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1181. In re Grand Jury Proceeding of John
Doe.
Cuyahoga App. No. 102977. This cause is
pending before the court as an appeal from the
Court of Appeals for Cuyahoga County.
Upon consideration of appellants’ motion to file
under seal the motion to seal and the reply brief, it
is ordered by the court that the motion is granted.
2 02-16-16
2015-1182. In re Grand Jury Proceeding of John
Doe.
Cuyahoga App. No. 102977. This cause is
pending before the court as an appeal from the
Court of Appeals for Cuyahoga County.
Upon consideration of appellants’ motion to file
under seal the motion to seal and the reply brief, it
is ordered by the court that the motion is granted.
2016-0200. State ex rel. McQueen v. Branson.
Allen App. No. 1-15-74. This cause was filed as a
jurisdictional appeal. Upon consideration of
appellant’s memorandum in support of jurisdiction,
it is determined by the court that this cause
originated in the court of appeals and, therefore,
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Ashtabula County and
that the parties shall otherwise proceed in
accordance with S.Ct.Prac.R. 16.02 through
16.07.
3 02-16-16
CASE ANNOUNCEMENTS
February 9, 2016
[Cite as 02/09/2016 Case Announcements #2,
2016-Ohio-466.]
MISCELLANEOUS DISMISSALS
2015-1648. Lavin v. Hervey.
Stark App. No. 2015CA00021, 2015-Ohio-3458.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellants’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
CASE ANNOUNCEMENTS
February 9, 2016
[Cite as 02/09/2016 Case Announcements, 2016-
Ohio-457.]
MERIT DECISIONS WITH OPINIONS
2014-0358. Lycan v. Cleveland, Slip Opinion No.
2016-Ohio-422.
Cuyahoga App. No. 99698, 2014-Ohio-203.
Judgment affirmed in part and
vacated in part, and cause remanded.
Pfeifer, Rice, French, and O’Neill, JJ., concur.
O’Connor, C.J., dissents without opinion.
Lanzinger and Kennedy, JJ., dissent.
Cynthia W. Rice, J., of the Eleventh Appellate
District, sitting for O’Donnell, J.
2015-0457. State ex rel. Stewart v. Russo, Slip
Opinion No. 2016-Ohio-421.
Cuyahoga App. No. 102435, 2015-Ohio-614.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-069. In re Disqualification of Sutula, Slip
Opinion No. 2016-Ohio-441 (decided Sept. 14,
2015).
15-AP-072. In re Disqualification of Searcy, Slip
Opinion No. 2016-Ohio-442 (decided Aug. 20,
2015).
MOTION AND PROCEDURAL RULINGS
2015-1958. Loper v. Rein.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s motion to strike
motion to dismiss, it is ordered by the court that
the motion is denied. Relator’s memorandum
opposing the motion to dismiss is due within ten
days of the date of this entry.
2015-0132. Link v. Cleveland Elec. Illum. Co.
Cuyahoga App. No. 101286, 2014-Ohio-5432.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of the joint motion of
appellees, Diane Link and Douglas V. Link, and
amici curiae County Commissioners Association
of Ohio and the Ohio Township Association for
leave of court for divided oral-argument time, it is
ordered by the court that the motion is granted.
Amici curiae County Commissioners Association
of Ohio and the Ohio Township Association shall
share the time allotted to appellees.
MISCELLANEOUS DISMISSALS
2016-0020. State ex rel. Jones v. Husted.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2015-1954. State v. Goff.
Clinton App. No. CA2015-08-017. This cause is
pending before the court as an appeal from the
Court of Appeals for Clinton County. The records
of this court indicate that appellant has not filed a
merit brief, due February 1, 2016, in compliance
with the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence.
2 02-09-16
Upon consideration thereof, it is ordered by the
court that this cause is
dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Clinton County.
3 02-09-16
CASE ANNOUNCEMENTS
February 8, 2016
[Cite as 02/08/2016 Case Announcements, 2016-
Ohio-420.]
MOTION AND PROCEDURAL RULINGS
2014-1633. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report filed
by appellants and appellee, it is ordered by the
court that the stay of the briefing schedule is
hereby extended. The parties shall notify the court
within 60 days from the date of this entry of the
status and whether the stay may be lifted.
2015-2097. In re Application of 6011 Greenwich
Windpark, L.L.C.
Power Siting Board, No. 13-990-EL-BGN. This
cause is pending before the court as an appeal
from the Power Siting Board.
Upon consideration of the motion of 6011
Greenwich Windpark, L.L.C., for leave to
intervene as appellee, it is ordered by the court
that the motion is granted.
February Disciplinary Hearings Announced
Staff Report | February 5, 2016
The Ohio Supreme Court’s Board of Professional
Conduct today announced the disciplinary
hearings involving attorneys and judges charged
with professional misconduct that are scheduled
this month. All hearings take place before a three-
member panel of the board and are open to the
public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or the Office of Public Information at
614.387.9250 for more information about a case.
Upon request, case documents can be obtained
via email.
February 9
Mahoning County Bar Association, Relator v.
Dennis Armand DiMartino, Respondent
Case No. 2015-060
Respondent’s address: 839 Southwestern Run,
Suite 1, Youngstown
Respondent’s counsel: John Juhasz Jr.,
Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, Room 281
February 10
Cleveland Metropolitan Bar Association, Relator v.
Edward James Mamone and Nancy Anne Zoller,
Respondents
Case No. 2013-060
Respondents’ addresses: 6596 Woodhawk Drive,
Mayfield Heights (Mamone); 1703 Overbrook
Road, Lyndhurst (Zoller)
Respondents’ counsel: Brian Toohey, Cleveland
(for Mamone); Timothy Brick and Monica
Sansalone, Cleveland (for Zoller)
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, Court of Claims, Room 3A
CASE ANNOUNCEMENTS
February 5, 2015
[Cite as 02/05/2016 Case Announcements, 2016-
Ohio-412.]
MOTION AND PROCEDURAL RULINGS
2015-1782. State v. Shalash.
Warren App. No. CA2014-12-146, 2015-Ohio-
3836. This cause is pending before the court on
the certification of a conflict from the Court of
Appeals for Warren County.
Upon consideration of Nicole Rutter-Hirth’s motion
to withdraw as counsel for appellant, it is ordered
by the court that the motion is granted.
It is further ordered that the Ohio Public Defender
is appointed to represent appellant and that the
briefing schedule in this case is reset. Appellant’s
brief is due within 40 days of the date of this entry.
2015-1430. Groveport Madison Local Schools v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-3607 and 2014-
3608. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
CASE ANNOUNCEMENTS
February 4, 2015
[Cite as 02/04/2016 Case Announcements, 2016-
Ohio-373.]
MERIT DECISIONS WITH OPINIONS
2014-0828. Rite Aid of Ohio, Inc. v. Washington
Cty. Bd. of Revision, Slip Opinion No. 2016-Ohio-
371.
Board of Tax Appeals, No. 2011-1760. Decision
affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-0843. Lowe’s Home Ctrs., Inc. v.
Washington Cty. Bd. of Revision, Slip Opinion No.
2016-Ohio-372.
Board of Tax Appeals, No. 2011-1664. Decision
vacated and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1427. State v. Jones.
Cuyahoga App. No. 101258, 2015-Ohio-2853.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of the motion of amicus
curiae, the Ohio Prosecuting Attorneys
Association, to correct clerical error of attorney, it
is ordered by the court that the motion is granted.
Amicus curiae shall file the correct merit brief
within three days of the date of this entry.
2015-0132. Link v. Cleveland Elec. Illum. Co.
Cuyahoga App. No. 101286, 2014-Ohio-5432.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of Robert P. DeMarco’s
motion to withdraw as counsel for appellees
Douglas V. Link and Diane Link, it is ordered by
the court that the motion is granted.
DISCIPLINARY CASES
2014-1905. Disciplinary Counsel v. Stokes.
This cause came on for further consideration
upon the filing by respondent of a motion for leave
to file motion for dissolution of interim remedial
suspension. On January 29, 2016, relator filed a
response to respondent’s motion for leave.
Upon consideration thereof, it is ordered by the
court that respondent’s motion for leave to file
motion for dissolution of interim remedial
suspension is granted. Respondent is ordered to
file her motion for dissolution within ten days of
the date of this order.
2015-1526. In re Resignation of Fairfax.
This matter came on for further consideration
upon the filing by respondent of an affidavit of
compliance on January 28, 2016.
Upon consideration thereof, it is ordered by this
court, sua sponte, that the affidavit is stricken as
untimely.
2 02-04-16
CASE ANNOUNCEMENTS
February 3, 2016
[Cite as 02/03/2016 Case Announcements, 2016-
Ohio-366.]
MERIT DECISIONS WITH OPINIONS
2014-1404. Disciplinary Counsel v. Corner, Slip
Opinion No. 2016-Ohio-359.
On Certified Report by the Board of
Commissioners on Grievances and Discipline,
Nos. 2013-059 and 2014-022. Beverly J. Corner,
Attorney Registration No. 0042725, is hereby
suspended from the practice of law in Ohio for two
years, with the second year stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy,
French, and O’Neill, JJ., concur.
Lanzinger, J., dissents and would indefinitely
suspend the respondent.
2015-0589. Warren Cty. Bar Assn. v. Vardiman,
Slip Opinion No. 2016-Ohio
352.
On Certified Report by the Board of Professional
Conduct, No. 2014-027. Edwin Lowe Vardiman,
Jr., Attorney Registration No. 0070574, is hereby
suspended from the practice of law in Ohio for
one year, with the final six months stayed on
conditions.
Pfeifer, Lanzinger, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., and O’Donnell and O’Neill, JJ.,
dissent and would not stay any portion of the
suspension.
MOTION AND PROCEDURAL RULINGS
2015-0381. Cleveland v. Jones.
Cuyahoga App. No. 100598, 2014-Ohio-4201.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of the joint motion of appellee
and amicus curiae, Ohio Attorney General
Michael DeWine, for divided argument time
scheduled for February 9, 2016, it is ordered by
the court that the motion is granted. Amicus
curiae, Ohio Attorney General Michael DeWine,
shall share the time allotted to appellee.
2015-0384. State v. Gonzales.
Wood App. No. WD-13-086, 2015-Ohio-461. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Wood County.
Upon consideration of the joint motion of appellant
and amicus curiae, Ohio Attorney General
Michael DeWine, for divided argument time
scheduled for February 9, 2016, it is ordered by
the court that the motion is granted. Amicus
curiae, Ohio Attorney General Michael DeWine,
shall share the time allotted to appellant.
2015-0385. State v. Gonzales.
Wood App. No. WD-13-086, 2015-Ohio-461. This
cause is pending before the court as an appeal
from the Court of Appeals for Wood County.
Upon consideration of the joint motion of appellant
and amicus curiae, Ohio Attorney General
Michael DeWine, for divided argument time
scheduled for February 9, 2016, it is ordered by
the court that the motion is granted. Amicus
curiae, Ohio Attorney General Michael DeWine,
shall share the time allotted to appellant.
DISCIPLINARY CASES
2015-0683. Mahoning Cty. Bar Assn. v. Fagnano.
On order to show cause. Frank Nicholas
Fagnano, Attorney Registration No. 0081516, is
hereby indefinitely suspended from the practice of
law.
2 02-03-16
CASE ANNOUNCEMENTS
February 2, 2016
[Cite as 02/02/2016 Case Announcements, 2016-
Ohio-346.]
MERIT DECISIONS WITH OPINIONS
2014-1159. State ex rel. Old Dominion Freight
Line, Inc. v. Indus. Comm., Slip Opinion No. 2016-
Ohio-343.
Franklin App. No. 11AP-350, 2014-Ohio-2278.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, and
O’Neill, JJ., concur.
Lanzinger and Kennedy, JJ., dissent.
French, J., not participating.
MOTION AND PROCEDURAL RULINGS
2014-0942. State v. Walker.
Cuyahoga App. No. 99998, 2014-Ohio-1827. It is
ordered by the court, sua sponte, that this cause
is no longer held for the decision in case No.
2014-0941, State v. Shabazz, and the stay of the
briefing schedule in this case is lifted.
It is further ordered that the clerk shall issue an
order for the transmittal of the record from the
Court of Appeals for Cuyahoga County and the
parties shall brief this case in accordance with the
Rules of Practice of the Supreme Court of Ohio.
2015-1427. State v. Jones.
Cuyahoga App. No. 101258, 2015-Ohio-2853.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of the motions for admission
pro hac vice of Alexandra
D. Valenti, Brigid M. Morris, and Kevin P. Martin, it
is ordered by the court that the motions are
granted. Pursuant to Gov.Bar R. XII(4), counsel
shall file a notice of permission to appear pro hac
vice with the Supreme Court’s Office of Attorney
Services within 30 days of the date of this entry.
2 02-02-16
CASE ANNOUNCEMENTS
February 2, 2016
[Cite as 02/02/2016 Case Announcements #2,
2016-Ohio-368.]
MERIT DECISIONS WITH OPINIONS
2016-0071. State ex rel. Duclos v. Hamilton Cty.
Bd. of Elections, Slip Opinion No. 2016-Ohio-367.
This cause originated in this court on the filing of a
complaint for writ of prohibition involving an
expedited election matter and was considered in a
manner prescribed by law.
It is ordered by the court that the writ of prohibition
is denied, consistent with the opinion rendered
herein.
O’Connor, C.J., and O’Donnell, Lanzinger, and
French, JJ., concur.
Pfeifer and Kennedy, JJ., concur in judgment only.
O’Neill, J., concurs separately in judgment only.
CASE ANNOUNCEMENTS
February 1, 2016
[Cite as 02/01/2016 Case Announcements, 2016-
Ohio-324.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF FEBRUARY 1,
2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the February 1, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-1852. State v. Schmick, 144 Ohio St.3d 376,
2015-Ohio-3924.
2014-0436. State ex rel. Woodman v. Ohio Pub.
Emps. Retirement Sys., 144 Ohio St.3d 367,
2015-Ohio-3807.
2014-0544. Disciplinary Counsel v. Weithman,
144 Ohio St.3d 1255, 2015Ohio-3159.
2014-0723. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, 144 Ohio St.3d 324,
2015-Ohio-3633.
2014-0971. Stark Cty. Bar Assn. v. Marinelli, 144
Ohio St.3d 341, 2015-Ohio2570.
2014-1123. State ex rel. Lucas Cty. Republican
Party Executive Commt. v. Husted, 144 Ohio
St.3d 352, 2015-Ohio-3948.
2014-1349. Turner v. Dept. of Rehab. & Corr., 144
Ohio St.3d 377, 2015Ohio-2833.
2014-1477. Shoop v. State, 144 Ohio St.3d 374,
2015-Ohio-2068. 2014-1569. Holloman v. Mohr,
144 Ohio St.3d 340, 2015-Ohio-2812. 2014-1606.
Brooks v. Kelly, 144 Ohio St.3d 322, 2015-Ohio-
2805. 2014-2159. Disciplinary Counsel v. Quinn,
144 Ohio St.3d 336, 2015-Ohio
3687.
2015-0592. Disciplinary Counsel v. Hubbell, 144
Ohio St.3d 334, 2015-Ohio3426. 2015-1281.
State ex rel. Lange v. King, 144 Ohio St.3d 349,
2015-Ohio-3440. 2015-1371. State ex rel. Walker
v. Husted, 144 Ohio St.3d 361, 2015-Ohio
3749.
2015-1505. State ex rel. Crowl v. Delaware Cty.
Bd. of Elections, 144 Ohio St.3d 346, 2015-Ohio-
4097. 15-AP-025. In re Disqualification of
Dinkelacker, 144 Ohio St.3d 1244, 2015
Ohio-3339.
15-AP-034. In re Disqualification of Gorman, 144
Ohio St.3d 1249, 2015Ohio-3433. 15-AP-040. In
re Disqualification of Ingraham, 144 Ohio St.3d
1251, 2015
Ohio-3371. 15-AP-060. In re Disqualification of
Eyester, 144 Ohio St.3d 1253, 2015-Ohio4647.
MOTION AND PROCEDURAL RULINGS
2015-0408. Solon City School Dist. Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-987 and 2014-
1029. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
2 02-01-16
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MISCELLANEOUS DISMISSALS
2016-0043. Brewster v. Testa.
Board of Tax Appeals, No. 2014-4827. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellants’ application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
3 02-01-16
ARRAIGNMENTS - TUESDAY,
FEBRUARY 9, 2016-9:00 AM
JUDGE JOHN DURKIN
**************************************************
**************************************************
15 CR 1202 (DUNN)
ADRIEN BROWN - POSSESSION OF
MARIJUANA R.C.2925.11(A)(C)(3)(c) F-5
FORFEITURE SPECIFICATION R.C.2981.
****************************************
SUPERCEDING INDICTMENT 15 CR 1244
RONISHA M. HARRIS - ENDANGERING
CHILDREN R.C.2919.22(A)(E)(1)(2)(c) F-3
****************************************
15 CR 1273 (RITCHIE)
DENNIS HANCE
COUNT ONE TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT TWO POSSESSION OF DRUGS
R.C.2925.11(A)(C)(2)(a) M-1
****************************************
15 CR 1274 (DISALVO)
KENNETH KELLY
COUNT ONE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5 FORFEITURE
SPECIFICATION R.C.2981.
******************************************
15 CR 1275 (GRIMM)
ROBERT LESLIE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
******************************************
15 CR 1276 (TAYLOR)
JORDAN D. EATON BURGLARY R.C.2911.12(A)
(2)(D) F-2
*****************************************
15 CR 1287 (BETRAS)
SHAQUANA MOORE
COUNT ONE OBSTRUCTING JUSTICE
R.C.2921.32(A)(5)(C)(1)(3) F-5
COUNT TWO OBSTRUCTING OFFICIAL
BUSINESS R.C.2921.31(A)(B) M-2
*****************************************
15 CR 1291 (AMENDOLARA)
FREDDIE ROBINSON
COUNT ONE TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT TWO POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNT THREE TRAFFICKING IN COCAINE
R.C.2925.03(A)(2)(C)(4)(a) F-5 FORFEITURE
SPECIFICATIONS R.C.2981.
*****************************************
15 CR 1296 (CASSESE)
ASHLEY M. CUMMINS
COUNT ONE POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO POSSESSING DRUG ABUSE
INSTRUMENT R.C.2925.12(A)(C) M-2
COUNT THREE ILLEGAL USE OR
POSSESSION OF DRUG PARAPHERNALIA
R.C.2925.14(C)(1)(F) M-4
*****************************************
15 CR 1297 (KLIMIS)
ANTHONY J. TAYLOR
COUNT ONE THEFT R.C.2913.02(A)(1)(B)(1)(3)
F-5
COUNT TWO CRIMINAL DAMAGING
R.C.2909.06(A)(1)(B) M-2
*****************************************
16 CR 1 (DIPIERO) (MASSURI)
SHIRLEY INGRAM AND TERRENCE TUCKER
COUNT ONE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNT TWO ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
*****************************************
16 CR 2 (MACEJKO)
ALEX PARENT
COUNT ONE RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) F-4
COUNT TWO RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) M-1
COUNT THREE TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT FOUR POSSESSING DRUG ABUSE
INSTRUMENT R.C.2925.12(A)(C) M-2
*******************************************
16 CR 3 (MESSURI)
AARON TILTON
COUNT ONE POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO POSSESSION OF DRUGS
R.C.2925.11(A)(C)(2)(a) M-1
COUNT THREE POSSESSING DRUG ABUSE
INSTRUMENT R.C.2925.12(A)(C) M-2
COUNT FOUR ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
******************************************
16 CR 5 (RITCHIE)
BRANDON RAVNELL
COUNTS ONE AND TWO DOMESTIC
VIOLENCE R.C.2919.25(A)(D) F-3
******************************************
16 CR 8 (R.SMITH)
JOSHUA DEANGIO POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
******************************************
16 CR 9 (DIXON)
MICHAEL RANDLE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
******************************************
16 CR 10 (LAVELLE)(HOLLY HANNI)
ANDREW STIGALL AND JALISHA WYLIE
COUNTS ONE THROUGH FIVE FELONIOUS
ASSAULT R.C.2903.11(A)(2)(D) F-2 FIREARM
SPECIFICATIONS R.C.2941.145(A) FIREARM
SPECIFICATIONS R.C.2941.146)(A)
COUNT SIX MPROPERLY HANDLING A
FIREARM IN A MOTOR VEHICLE
R.C.2923.16(B)(I)(2) F-4
COUNT SEVEN DISCHARGE OF FIREARM ON
OR NEAR PROHIBITED PREMISES
R.C.2923.162(A)(3)(C)(2) F-3
*********************************************
16 CR 12 (GRENGA)
DEVANTE A. CORINALDI RAPE R.C.2907.02(A)
(1)(b)(B) Felony/Life
*********************************************
16 CR 13 (DEFABIO)
JUSTINE R. PARIS
COUNTS ONE AND TWO FELONIOUS
ASSAULT R.C.2903.11(A)(2)(d) F-2
COUNT THREE IMPROPERLY DISCHARGING A
FIREARM AT OR INTO A HABITATION
R.C.2923.161(A)(1)(C) F-2
COUNT FOUR DISCHARGING A FIREARM ON
OR NEAR PROHIBITED PREMISES
R.C.2923.162(A)(3)(C)(2) F-3 FIREARM
SPECIFICATIONS R.C.2941.145(A)
*****************************************
15 CR 14 (BILLAK)
KEIJUAN PERKINS
COUNT ONE RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) F-4
COUNT TWO FAILURE TO COMPLY WITH
ORDER OR SIGNAL OF POLICE OFFICER
R.C.2921.331 (B)(C)(1)(5)(a)(ii) F-3
COUNT THREE DRIVING UNDER
SUSPENSION R.C.4510.14(A)(B)(1) M-1
COUNT FOUR FAIL TO STOP AFTER
ACCIDENT R.C.4549.02(A)(B) M-1
********************************************
DIRECT PRESENTMENT 16 CR 79
TIMOTHY UNDERWOOD
COUNT ONE RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) F-5
COUNT TWO FORGERY R.C.2913.31 (A)(1)(C)
(1)(a) F-5
*******************************************
DIRECT PRESENTMENT 16 CR 80
KYHEEM UNDERWOOD
COUNT ONE THEFT IN OFFICE R.C.2921.41(A)
(1)(B) F-5
COUNT TWO THEFT R.C.2913.02(A)(1)(B)(1)(2)
M-1
COUNT THREE FORGERY R.C.2913.31 (A)(2)
(C)(1)(a)(b) f-5
******************************************
DIRECT PRESENTMENT 16 CR 81
RICHARD J. HUMPHREY
COUNTS ONE THROUGH FOUR THEFT
R.C.2913.02(A)(1)(B)(1)(3) F-5
COUNTS FIVE THROUGH EIGHT MISUSE OF
CREDIT CARD R.C.2913.21(B)(2)(D)(1)(4) F-5
COUNTS NINE THROUGH TWELVE IDENTITY
FRAUD R.C.2913.49(B)(I)(I)(1)(3) F-4
******************************************
DIRECT PRESENTMENT 16 CR 85
JOHN RUSSELL CLARKE
COUNTS ONE AND TWO BURGLARY
R.C.2911.12(A)(2)(D) F-2
COUNT THREE RECEIVING STOLEN
PROPERTY R.C.2913.51(A)(C) F-5
*****************************************
DIRECT PRESENTMENT 16 CR 86
JEREMY R. THOMAS ASSAULT R.C.2903.13(A)
(C)(1)(5) F-4
*****************************************
SECRET INDICTMENT 16 CR
JOHN DOE
COUNT ONE BURGLARY R.C.2911.12(A)(2)(D)
F-2
COUNT TWO RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) F-5
******************************************
CASE ANNOUNCEMENTS
January 29, 2016
[Cite as 01/29/2016 Case Announcements #2,
2016-Ohio-314.]
MERIT DECISIONS WITH OPINIONS
2015-2092. State ex rel. Cornerstone Developers,
Ltd. v. Greene Cty. Bd. of Elections, Slip Opinion
No. 2016-Ohio-313.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition involving an
expedited election case and was considered in a
manner prescribed by law.
Upon consideration thereof, it is ordered by the
court that a writ of mandamus is granted to
compel the Greene County Board of Elections to
remove the Sugarcreek Township levy from the
March 15, 2016 ballot. All other requests for writs
of mandamus and prohibition are denied,
consistent with the opinion rendered herein.
It is further ordered that due to the short time
remaining to finalize ballots, no additional motions
shall be filed in this case, and the clerk of court
shall refuse to file any additional motions.
Costs assessed to respondents.
CASE ANNOUNCEMENTS
January 29, 2016
[Cite as 01/29/2016 Case Announcements, 2016-
Ohio-309.]
MOTION AND PROCEDURAL RULINGS
2015-2028. State ex rel. Walton v. Williams.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of the motion to intervene of
Adoption Connection, it is ordered by the court
that the motion is denied.
Lanzinger, Kennedy, and French, JJ., dissent.
2016-0011. Soberay v. Greyhound Lines, Inc.
Cuyahoga App. No. 103749. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of appellants’ emergency
motion to stay trial court proceedings, it is ordered
by the court that the motion is denied.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2015-1940. Liran v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4899.
2016-0053. State ex rel. Logan Clay Prods. Co. v.
Indus. Comm.
Franklin App. No. 14AP-808, 2015-Ohio-5235.
2016-0094. State ex rel. Harborside of Cleveland
Ltd. Partnership v. Indus. Comm.
Franklin App. No. 14AP-1012, 2015-Ohio-5117.
2016-0096. State ex rel. Mead v. Dayton.
In Mandamus.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellant in this case shall file a brief within
40 days of the date of this entry, and the parties
shall otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss this
case or take other action if the parties fail to timely
file merit briefs.
2015-1358. Southwestern City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-2519.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
2015-1608. Zillow v. Bosel.
In Mandamus.
2 01-29-16
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 27, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
Richard R. Hollenbaugh, 35, 240 W. Summit St.,
Alliance-Receiving Stolen Property, Criminal
Damaging
Kathryn L. Roudebush, 26, 240 W. Summit St.,
Alliance- Receiving Stolen Property, Criminal
Damaging
Bridget K. McCune, 35, 4836 Monticello Ave NW,
Canton-Aggravated Vehicular Assault, Vehicular
Assault, Endangering Children, OVI
Donnie D. Wilson, 41, 2611 11th Street SW,
Canton-Possession of Heroin, Possession of
Cocaine
Yolanda L. Colvin, 26, 629 Alan Page Drive SE,
#6, Canton-Unauthorized Use of a Motor Vehicle
James O. Delgado, 26, 2702 Harrison Ave NW,
Canton-Obstructing Official Business
Tyler S. Gant, 25, 2799 State Street, Uniontown-
Possession of Heroin
Nicole E. Henry, 22, 8800 Traphagen St, NW,
Massillon-Possession of Heroin
Cory D. Quatkemeyer, 23, 7689 N. 4th Ave,
Clinton-Breaking and Entering
Amanda Speigel, 29, 2903 Denman Drive, Akron-
Complicity to (Breaking and Entering)
Michelle R. Brown, 30, 910 8th Street NW,
Canton-Theft from an Elderly Person
Varlonus James, 44, 1360 S. Arch Ave, Apt 3,
Alliance-Rape (With Repeat Violent Offender
Specifications), Kidnapping (With Sexual
Motivation Specification)
(With Repeat Violent Offender Specifications),
Felonious Assault (With Repeat Violent Offender
Specifications), (With Sexual Motivation
Specification), Disrupting Public Services
Shane W. Smith, 46, 1634 Fredrick Ave SW,
Canton-Theft
Jantre R. Sybole, 29, 1120 6th Street NW,
Canton-Robbery, Theft
Joshua G. Conrad, 32, 2104 22nd Street NE,
Canton-Criminal Damaging
Walter C. Love, 25, 175 East Market Street,
Akron-Trespass in a Habitation
Dean R. Masters, 34, 405 3rd Street NE, (Refuge
of Hope) Canton-Burglary
JAMAR RAPHAEL WILLIAMS, 31, 9050 Dale Rd.,
Redford, MI – OVI
WILLIAM MICHAEL HALL, 28, 1607 Bruce St.,
Canal Fulton – Felonious Assault
NIKEMBE JEAUNTI BROOKS, 31, 1505 Second
St. SE, Canton – Carrying Concealed Weapons;
Improperly Handling Firearms in a Motor Vehicle
KYLE LORENZ WENDLING, 22, 118 Hartford
Ave. SE, Canton – Having Weapons While Under
Disability; Carrying Concealed Weapons
VINCENT DUANE THOMAS, 23, 436 Rice Ave.
NE, Canton – Felonious Assault (With Firearm
Specification); Carrying Concealed Weapons;
Domestic Violence
ERIC DEWAYNE PRIDGEN, 34, 143 17th St. NW,
#4, Canton – Domestic Violence
MARK TOLLAN CLARK, 38, 3064 Deerfield Ave.
S., Dalton – Domestic Violence
AARON JORDAN FRANKLIN SLATZER, 20,
1921 Village St. SE, Canton – Aggravated
Burglary; Domestic Violence; Obstructing Official
Business; Criminal Damaging
NATHAN A. CASS, 25, 6114 Cartage Ave. NW,
Canal Fulton – Felonious Assault
TERRY BEAVER, 34, 15005 Rochelle St., Detroit,
MI – Trafficking in Heroin; Possession of Heroin
RAMON RAMOEN COMPTON, 19, 1654 Grace
Ave. NE, Canton – Carrying Concealed Weapons
JUSTINE ERIC NICOLADOS, 30, 2918 18th St.
SW, Canton – Possession of Heroin
JOSEPH WALKER, 28, 2531 Claredon NW,
Canton – Theft, 2 Cts.; Possession of Criminal
Tools, 2 Cts.
MICHAEL K. BLACKMON, 33, 405 Lincoln St.
NW, Canton – Assault, 4 Cts.
BRIAN KEITH DROBNEY, 35, 1104 4th St. SW,
Apt. 2, Massillon – Felonious Assault
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
MALEK LEE WILLIAMS, 20, 1718 Market Ave. N.,
#508, Canton – Complicity to Commit Burglary
Justin C. Ward, 22, 503 N. Webb Ave, Alliance-
Menacing by Stalking, Possession of Marijuana,
Drug Paraphernalia
Robert N. Vann, 45, No Permanent Address-
Receiving Stolen Property
The Stark County Grand Jury previously reported
indictments of the following individual(s) who have
now been arraigned in Court:
NATHANIEL L. MILLER, 20, 2211 4th. St. NE,
Canton – Unlawful Sexual Conduct with a Minor
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 27, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
MARVIN D. BRUNNER, 26, 512 Troy Pl., NW,
Canton – Possession of Heroin
PAUL M. MCCARTNEY, 29, 2737 Mahoning Rd.
NE, Canton – Domestic Violence
JASON MICHAEL GRIMM, 32, 1005 Fairfield Rd.,
Alliance – Aggravated Possession of Drugs
MOHAMAD MISLEH, 20, 7975 Lake O’Springs
Ave. NW, N. Canton – Aggravated Possession of
Drugs
CRUZ M. BROWN, 26, 1509 Sherrick Rd. SE,
Canton – Possession of Drugs; Driving Under
Financial Responsibility Law Suspension or
Cancellation
CASE ANNOUNCEMENTS
January 27, 2016
[Cite as 01/27/2016 Case Announcements, 2016-
Ohio-280.]
MOTION AND PROCEDUARL RULINGS
In re Sultaana.
On August 26, 2015, this court found Hakeem
Sultaana to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Sultaana was prohibited from continuing or
instituting legal proceedings in this court without
first obtaining leave. On January 19, 2016,
Sultaana submitted a “motion to stay, leave
request.”
It is ordered by the court that the motion is denied.
2015-1608. Zillow v. Bosel.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of the motion of Richard A.
Williams and Susan S. R. Petro to withdraw as
counsel for respondent, it is ordered by the court
that the motion is granted.
2015-2064. H&C Ag Servs., L.L.C. v. Ohio Fresh
Eggs, L.L.C.
Hardin App. No. 6-15-02, 2015-Ohio-3714. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Kwaku A. Akowuah, it is ordered
by the court that the motion is granted. Pursuant
to Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2016-0074. Curtis v. Bunting.
Marion App. No. 9-15-43. This cause was filed as
a jurisdictional appeal. Upon consideration of
appellant’s memorandum in support of jurisdiction,
it is determined by the court that this cause
originated in the court of appeals and, therefore,
should proceed as an appeal of right pursuant to
S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Marion County and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through
16.07.
2 01-27-16
CASE ANNOUNCEMENTS
January 26, 2016
[Cite as 01/26/2016 Case Announcements, 2016-
Ohio-266.]
MOTION AND PROCEDURAL RULINGS
2015-0677. State v. Aalim.
Montgomery App. No. 26249, 2015-Ohio-892.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motions for admission
pro hac vice of Nadia N. Seeratan and Marsha L.
Levick, it is ordered by the court that the motions
are granted. Pursuant to Gov.Bar R. XII(4),
counsel shall file a notice of permission to appear
pro hac vice with the Supreme Court’s Office of
Attorney Services within 30 days of the date of
this entry.
2015-1968. State ex rel. D.P. v. Judges of the First
Dist. Court of Appeals.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 21, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JONATHAN D. BAILEY, 29, 2522 Roberts Ave.
NW, Canton – Domestic Violence
DRAGAN SEKILIC, 38, 3157 Dewalt Dr., Akron –
Aggravated Murder (With Firearm Specification);
Attempt to Commit Murder (With Firearm
Specification); Felonious Assault (With Firearm
Specification)
MICHAEL LEE DUNN, 46, 4460 Eddie Ave.,
Canton – Tampering with Evidence; Aggravated
Possession of Drugs
JANCE CODY RANDOLPH, 33, 926 Dueber SW,
Canton – Domestic Violence
WILLIAM L. BENNETT, 34, 448 W. Columbia St.,
Alliance – Domestic Violence
JILL LOUISE CLINE, 40, 3454 Hilton St. NW, Lot
9, Massillon – Misuse of Credit Cards
ROBERT LEWIS SKELDING, 33, No Permanent
Address – Domestic Violence; Trespass in a
Habitation When a Person is Present or Likely to
be Present
CHRISTIE LEE SNYDER, 43, 6030 Wentworth
Rd. SW, Canton – Assault; Falsification
JUAN A. CRUZ RIVERA, 30, 1508 Robin Ct. SE,
Canton – Domestic Violence
JEREMY H. PARR, 39, 1755 S. Linden Ave.,
Alliance – Pandering Sexually Oriented Matter
Involving a Minor 7 Cts.
NICHOLAS JAMES BOWE, 32, 1423 Bordner
Ave. SW, Canton – Receiving Stolen Property;
Petty Theft
BRIAN TERRILL SHACKLEFORD, 22, 3015
Dalton Pl., Canton – Assault; Domestic Violence
ANTHONY LAMAR WILLIAMS, 38, 1010 16th St.
NW, Canton – Domestic Violence; Assault;
Resisting Arrest
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
ANDREA PEARL PROCTOR, 24, 2104 22nd St.
NE, Canton – Improperly Handling Firearms in a
Motor Vehicle; Driving Under FRA Suspension;
Display/Expired Plates; Driving in Marked Lanes;
Unsafe Vehicle
NATHANIEL D. RUSSELL, 26, 1132 Richard Pl.
NW, Canton – Domestic Violence; Aggravated
Menacing
RICARDO DESMOND FRANCISCO, 21, 2806
16th St. NW, Canton – Failure to Comply with an
Order or Signal of a Police Officer; Trafficking in
Controlled Substance; Driving Under FRA
Suspension; Fail to Yield; Fail to File Annual
Registration
MICHAEL G. MANDOLESI, 55, 157 E. Ely St.,
Alliane – Deception to Obtain Dangerous Drugs
CASE ANNOUNCEMENTS
January 21, 2016
[Cite as 01/21/2016 Case Announcements #2,
2016-Ohio-209.]
MERIT DECISIONS WITH OPINIONS
2016-0090. State ex rel. Hunter v. Dinkelacker,
Slip Opinion No. 2016-Ohio
210.
In Prohibition. This cause originated in this court
on the filing of an emergency complaint for writs
of prohibition and was considered in a manner
prescribed by law.
It is ordered by the court that the emergency writs
of prohibition are denied, consistent with the
opinion rendered herein.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2016-0092. State v. Hunter.
Hamilton App. Nos. C-140684, C-140704, and C-
140717, 2016-Ohio-123. This cause is pending
before the court as a jurisdictional appeal.
Upon consideration of appellant’s motion to stay
execution of judgment mandate, it is ordered by
the court that the motion is granted.
CASE ANNOUNCEMENTS
January 21, 2016
[Cite as 01/21/2016 Case Announcements, 2016-
Ohio-189.]
MERIT DECISIONS WITH OPINIONS
2014-0423 and 2014-1933. State ex rel. Claugus
Family Farm, L.P. v. Seventh Dist. Court of
Appeals, Slip Opinion No. 2016-Ohio-178.
Monroe App. Nos. 12 MO 6, 13 MO 2, 13 MO 3,
and 13 MO 11, 2014-Ohio-4255.
Writs and motions denied and judgment affirmed.
O’Connor, C.J., and Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
Pfeifer and O’Donnell, JJ., concur in part and
dissent in part.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial disqualification opinions, which were
previously issued as entries in response to
affidavits of disqualification filed pursuant to R.C.
2701.03.
15-AP-059. In re Disqualification of Corrigan, Slip
Opinion No. 2016-Ohio179 (decided July 22,
2015).
15-AP-063. In re Disqualification of Repp, Slip
Opinion No. 2015-Ohio-5611 (decided Aug. 4,
2015).
15-AP-064. In re Disqualification of Markus, Slip
Opinion No. 2015-Ohio5612 (decided July 24,
2015).
MOTION AND PROCEDURAL RULINGS
2015-0036. State ex rel. Camaco, L.L.C. v. Albu.
Franklin App. No. 13AP-1002, 2014-Ohio-5330.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of the joint motion for leave to
file an amended supplement, it is ordered by the
court that the motion is granted. An amended
supplement shall be filed within ten days of the
date of this entry.
2015-0767. Pryor v. Dir., Ohio Dept. of Job &
Family Servs.
Summit App. No. 27225, 2015-Ohio-1255. This
cause is pending before the court on the
certification of a conflict from the Court of Appeals
for Summit County.
Upon consideration of the motion of amici curiae,
the Legal Aid Society of Cleveland et al., to
participate in oral argument scheduled for
Wednesday, January 27, 2016, it is ordered by the
court that the motion is granted. Amici curiae, the
Legal Aid Society of Cleveland et al., are
permitted five minutes of oral-argument time and
shall argue after the completion of appellee’s 15
minutes of oral-argument time.
It is further ordered that appellant is allotted 20
total minutes of oral-argument time.
2015-0770. Pryor v. Dir., Ohio Dept. of Job &
Family Servs.
Summit App. No. 27225, 2015-Ohio-1255. This
cause is pending before the court as an appeal
from the Court of Appeals for Summit County.
Upon consideration of the motion of amici curiae,
the Legal Aid Society of Cleveland et al., to
participate in oral argument scheduled for
Wednesday, January 27, 2016, it is ordered by the
court that the motion is granted. Amici curiae, the
Legal Aid Society of Cleveland et al., are
permitted five minutes of oral-argument time and
shall argue after the completion of appellee’s 15
minutes of oral-argument time.
It is further ordered that appellant is allotted 20
total minutes of oral-argument time.
2015-1309. State v. Ford.
Summit C.P. No. CR 2013 04 1008. This cause is
pending before the court as an appeal from the
Court of Common Pleas of Summit County.
Upon consideration of appellant’s second request
to extend time to file the record, it is ordered by
the court that the motion is granted. The record
shall be filed no later than March 9, 2016.
2 01-21-16
2015-2092. State ex rel. Cornerstone Developers,
Ltd. v. Greene Cty. Bd. of Elections.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of mandamus
involving an expedited election case.
It is ordered by the court, sua sponte, that
respondent Greene County Board of Elections’
merit brief is stricken as untimely filed pursuant to
S.Ct.Prac.R 3.02(A)(3)(e) and 12.08(A)(2)(b).
2016-0005. Caterpillar Fin. Servs. Corp. v. Harold
Tatman & Son’s Ents., Inc.
Ross App. No. 14CA3449, 2015-Ohio-4884. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of Melissa R. Stull, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
DISCIPLINARY CASES
2015-2076. In re Chuparkoff.
On Certified Entry of Default of Child-Support
Order. Mark Andrew Chuparkoff, Attorney
Registration No. 0071982, is hereby reinstated to
the practice of law.
MISCELLANEOUS DISMISSALS
2015-1597. State ex rel. Carnail v. Davis.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
The records of this court indicate that relator has
not filed a merit brief, due January 15, 2016, in
compliance with the Rules of Practice of the
Supreme Court of Ohio and therefore has failed to
prosecute this cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
2015-1703. State v. Cargle.
Scioto App. No. 14CA3661, 2015-Ohio-3629. This
cause is pending before the court as a
jurisdictional appeal. The records of this court
indicate that appellant
3 01-21-16
has not filed a memorandum in support of
jurisdiction, due January 15, 2016, in compliance
with the Rules of Practice of the Supreme Court of
Ohio and therefore has failed to prosecute this
cause with the requisite diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
4 01-21-16
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 19, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
ROBERT MARVIN HIGHT, 52, 1515 Eastview
Ave. NE, Canton – Domestic Violence
SHAWN PATRICK FARRELL, 30, 1237 Shorb
Ave. NW, Canton – Felonious Assault; Domestic
Violence
TYLER ADAM GILL, 28, 1485 Battlesburg Rd.
SW, East Sparta – Felonious Assault, 2 Cts.;
Menacing by Stalking; Domestic Violence;
Intimidation; Criminal Damaging
STEVEN CODY FETTY, 22, 267 W. Columbia St.,
Alliance – Felonious Assault; Domestic Violence,
2 Cts.; Criminal Damaging; Resisting Arrest
JOHN MACKENZIE MCLEOD, 48, 1901 Maple
St., Canton – Violating a Protection Order
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 14, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
TROY LYN WILLIAMS, 31, 813 Bedford Ave. NW,
Canton – Having Weapons While Under Disability;
Trafficking in Heroin; Possession of Heroin;
Endangering Children
IAN JERMILE MITHCELL, 25, 2407 Lincoln Way
E., Massillon – Improperly Handling Firearms in a
Motor Vehicle; Receiving Stolen Property;
Carrying a Concealed Weapon; Possession of
Cocaine
REGINALD O. HARRIS, 53, 727 12th St. SW,
Massillon – Tampering with Evidence; Possession
of Cocaine
DEZARAI D. CARTER, 28, 265 N. Thomas Rd.,
Tallmadge – Robbery
DONITA J. ECHOLES, 23, 265 N. Thomas Rd.,
Tallmadge – Robbery
LISA MARIE KAMINSKI, 39, 1630 Cleveland Ave.
NW, #2, canton – Trafficking in Cocaine;
Possession of Cocaine
JOHN MILTON TUCKER, 57, 1016 7th St. NE,
Canton – Trafficking in Cocaine; Possession of
Cocaine
JAMAL MOUJIB, 6904 Dension Ave., Cleveland –
Theft
CHRISTOPHER R. DECKER, 19, 217 5th St. NE,
New Philadelphia – Breaking & Entering
DEVON WAYNE CONNER, 19, 9892 Rogersville
Rd. SW, Baltic – Breaking & Entering
JARRID GUS FAMAL, 31, 335 Miller Ave.,
Dennison – Robbery
TORIANO DEONTE HOWARD, 30, 1341 18th St.
NE, Canton – Having Weapons While Under
Disability; Trafficking in Heroin; Possession of
Heroin; Possession of Cocaine
GAVONTE D. JONES, 24, 3626 Ellis Ave. NE,
Canton – Operating a Vehicle Under the Influence
of Alcohol, a Drug of Abuse, or a Combination of
Them
AMANDA LEE SPENCER, 20, 866 10th St. NE,
Massillon – Driving Under Suspension
RANDY GILBERT BAKE, 41, 1402 Bedford Ave.
SW, Canton – Notice of Change of Address;
Registration of New Address
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
MICHAEL ANTHONY MINOCCHI, 38, 1450
Housel Ave. SE, Canton – Domestic Violence
CASE ANNOUNCEMENTS
January 14, 2016
[Cite as 1/14/2016 Case Announcements #2,
2016-Ohio-126.]
MOTION AND PROCEDURAL RULINGS
2015-1222. State ex rel. Cincinnati Enquirer v.
Deters.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relators’ motion to compel
discovery, it is ordered by the court that the
motion is denied.
It is further ordered by the court, sua sponte, that
the stay of discovery imposed on December 30,
2015, is lifted and the following amended
schedule for the filing of evidence and briefs is
set:
All parties shall submit their discovery responses
to the requesting parties by Friday, January 22,
2016; the parties shall file any evidence by Friday,
January 29, 2016; relators shall file a brief within
10 days of the filing of the evidence; respondent
shall file a brief within 20 days after the filing of
relators’ brief; and relators may file a reply brief
within 7 days after the filing of respondent’s brief.
Pfeifer and O’Donnell, JJ., dissent and would not
lift the stay of discovery.
CASE ANNOUNCEMENTS
January 14, 2016
[Cite as 01/14/2016 Case Announcements, 2016-
Ohio-99.]
MERIT DECISIONS WITH OPINIONS
2014-1744. Disciplinary Counsel v. Lee, Slip
Opinion No. 2016-Ohio-85.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2013-036. Raymond Thomas Lee III, Attorney
Registration No. 0040765, is hereby indefinitely
suspended from the practice of law in Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1002. Columbus Bar Assn. v. Balaloski, Slip
Opinion No. 2016-Ohio-86.
On Certified Report by the Board of Professional
Conduct, No. 2014-102. Daniel Karl Balaloski,
Attorney Registration No. 0068122, is hereby
suspended from the practice of law in Ohio for two
years, with the second year stayed on conditions.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
DISCIPLINARY CASES
2014-1390. Disciplinary Counsel v. Calabrese.
This matter came on for further consideration
upon the filing by respondent of a motion to purge
contempt.
Upon consideration thereof, it is ordered by the
court that the motion is granted.
2015-0606. Disciplinary Counsel v. Ruffin.
On order to show cause. Sean P. Ruffin, Attorney
Registration No. 0069002, is hereby indefinitely
suspended from the practice of law in Ohio.
2015-0613. Cleveland Metro. Bar Assn. v. Schiff.
On order to show cause. Marvin Hermann Schiff,
Attorney Registration No. 0000681, is hereby
indefinitely suspended from the practice of law in
Ohio.
2015-0742. Toledo Bar Assn. v. Harvey.
This cause is pending before the court upon the
filing of a certification of default by the Board of
Professional Conduct. On June 5, 2015, this court
imposed an interim default suspension upon
respondent, Beauregard Maximillion Harvey,
pursuant to Gov.Bar R. V(14)(B)(1). On November
30, 2015, respondent filed a motion for leave to
answer and motion to terminate interim
suspension. The motions were not opposed.
On consideration thereof, it is ordered that
respondent’s motion for leave to answer is
granted. This matter is remanded to the board for
further proceedings under Gov.Bar R. V(12). It is
further ordered that respondent’s motion to
terminate interim suspension is denied. The court
further orders that the interim default suspension
imposed against respondent on June 5, 2015,
shall remain in place while this matter is pending
before the board. Proceedings before this court in
this case are stayed until further order of this
court.
MISCELLANEOUS DISMISSALS
2015-0972. State ex rel. Sears Roebuck & Co. v.
Indus. Comm.
Franklin App. No. 14AP-576, 2015-Ohio-1661.
This cause is pending before the court as an
appeal from the Court of Appeals for Franklin
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2 01-14-16
CASE ANNOUNCEMENTS
January 13, 2016
[Cite as 01/13/2016 Case Announcements, 2016-
Ohio-84.]
MERIT DEICSIONS WITH OPINIONS
2014-0516. Warrensville Hts. City School Dist. Bd.
of Edn. v. Cuyahoga Cty. Bd. of Revision, Slip
Opinion No. 2016-Ohio-78.
Board of Tax Appeals, Nos. 2010-1715, 2012-
1748, and 2012-1749. Decision affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1715. In re Application of Buckeye Wind,
L.L.C.
Power Siting Board, Nos. 08-666-EL-BGN and
13-360-EL-BGA. This cause is pending before the
court as an appeal from the Power Siting Board.
Upon consideration of the motion of Buckeye
Wind, L.L.C., for leave to intervene in support of
the appellee, it is ordered by the court that the
motion is granted.
2015-1724. State ex rel. Buchanan v. Evans.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of respondent’s motion for
mediation, it is ordered by the court that the
motion is denied.
anuary 13, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
Michael P. Fox, 46, 1620 Hammond Ave SW,
Canton-Petty Theft, Falsification
Nicholas M. Martino, 30, 613 Neale Ave SW,
Massillon-Possession of Heroin
Cynthia A. Morris, 33, 740 Garrison Ave, Alliance-
Endangering Children
Loyal C. Williams, 36, 740 Garrison Ave, Alliance-
Illegal Manufacturing of Drugs, Illegal Assembly or
Possession of Chemicals for Manufacturing of
Drugs, Endangering Children, Aggravated
Possession of Drugs
Christine M. Schott, 53, 8327 Manchester Road,
Canal Fulton-Theft of Drugs
Seth W. Bonheimer, 22, 1428 Overlook Avenue
SW, Massillon-Domestic Violence, Disrupting
Public Services, Petty Theft
Elijha C. Bradford, 32, 3011 12th Street SW,
Canton-Domestic Violence
James M. Earley, 35, 5988 DeeDee Circle SW,
Navarre-OVI, Driving Under Suspension, Failure
to Control
James L. Smalls, 29, 1487 Robin Ct. SE, Canton-
Domestic Violence
Solomon D. Adams, 23, 3858 Norman Ave NW,
Canton-Placing Harmful Objects in Food or
Confection
Norma T. Evans, 21, 2126 Cloverhurst Street, N.
Canton-Illegal Manufacturing of Drugs, Illegal
Assembly or Possession of Chemicals for the
Manufacturing of Drugs
James M. P. Walsh, 19, 1227 S. Liberty Street,
Alliance- Illegal Manufacturing of Drugs, Illegal
Assembly or Possession of Chemicals for the
Manufacturing of Drugs
Derrike A. Schmucker, 20, Homeless- Illegal
Manufacturing of Drugs, Illegal Assembly or
Possession of Chemicals for the Manufacturing of
Drugs
Charles D. Stutler, 24, Belmont Correctional
Facility-Tampering With Evidence, Possession of
Heroin
Michael L. Marks, 36, 165 W. Wayne St., Alliance
– Aggravated Possession of Drugs, 1 Ct.;
Possession of Drugs, 2 Cts.
Samantha L. Whitt, 25, 165 W. Wayne St.,
Alliance – Aggravated Possession of Drugs;
Possession of Drugs, 2 Cts.
Bryant M. Mitter, 27, 11776 Fairwynde Circle NW,
Uniontown – Aggravated Possession of Drugs
Beulah C. Krause, 61, 753 Robertsville Rd.,
Malvern – Illegal Possession of Drug
Paraphernalia
Larry A. Dotson, 24, 1817 Grace Ave. NE, Canton
– Possession of Cocaine
Ryan D. Alborn, 27, 1007 16th St. NW, Canton –
Trafficking in Marijuana; Possession of Marijuana;
Possession of Cocaine
Jeffrey W. Dickson, 31, 1480 Lupe Ave. NW,
North Canton – Criminal Damaging
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
Charles W. Bishop, 65, 4287 Manchester Ave, Lot
16, N. Lawrence-Grand Theft, Criminal Damaging
Michael P. Houghton, 30, Lorain Correctional
Facility-Grand Theft of a Motor Vehicle
The Stark County Grand Jury previously reported
indictments of the following individual(s) who have
now been arraigned in Court:
CHAD MEDLEY, 34, 330 4th St. NW, New
Philadelphia – Unlawful Sexual Conduct With a
Minor, 3 Cts.; Sexual Imposition
LATOSHA N. CARPENTER, 32, 1418 Lutz Pl.,
Canton – Theft
ROBBIE A. GENTRY, 29, 2706 Lincoln St., East
Canton – Illegal Cultivation of Marijuana;
Possession of Marijuana
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
January 7, 2016
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
WILLIAM C. WILLIAMS, 64, 15767 Maple Dr., E.
Liverpool – Attempt to Commit an Offense
(Unlawful Sexual Conduct with a Minor);
Importuning
NATHAN TAYLOR EICHER, 21, 126 N. Prospect
Ave., Alliance – Rape; Sexual Battery
JOHN MATTHEW VUGRIN, 38, 6006 Kentview
Ave. NW, N. Canton – Domestic Violence
DANIEL BRETT STYER, 23, 624 Bebb Ave. SW,
Massillon – Misuse of Credit Cards
IAN CLIFFORD RECKLAW, 34, 12937 Atwater
Ave. NE, Alliance – Failure to Register
BARNARD CHRISTOPHER LAUTER, 46, No
Permanent Address – Theft; Forgery
EDWARD RUSSELL MADISON, 47, 2625 S.
Union Ave., Alliance – Vandalism; Menacing by
Stalking; Telecommunications Harassment
RODERICK THADDEUS DAVENPORT, 52, 3601
W 117th St., Cleveland – Attempt to Commit an
Offense (Petty Theft); Falsification
ELLIOTT MICHAEL EUTSEY, 26, No Permanent
Address – Attempt to Commit an Offense
(Trespass in a Habitation When a Person is
Present or Likely to be Present)
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
THEODREO D. CAMBLE, 22, 1205 5th St. NW,
Canton – Domestic Violence
ROBBY LEE SHUTLER, 33, 222 W. Summit St.,
Alliance – Theft of Drugs
RANDY LEE PRESUTTI, 40, 2408 21st St. NE,
Canton – Attempted Aggravated Arson; Felonious
Assault; Domestic Violence
CASE ANNOUNCEMENTS
January 7, 2016
[Cite as 01/07/2016 Case Announcements, 2016-
Ohio-16.]
MOTION AND PROCEDURAL RULINGS
2015-0386. Crutchfield, Inc. v. Testa.
Board of Tax Appeals, Nos. 2012-926, 2012-3068,
and 2013-2021. This cause is pending before the
court as an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion for oral
argument of Crutchfield, Inc., and Tax
Commissioner of Ohio, Joseph W. Testa, it is
ordered by the court that the motion is granted.
It is further ordered by the court, sua sponte, that
this cause is consolidated with 2015-0483,
Newegg, Inc. v. Testa, and 2015-0794, Mason
Cos., Inc. v. Testa, for oral argument only. One
hour in total shall be allotted for the combined
cases; 30 minutes shall be allotted to
appellants/cross-appellees, and 30 minutes shall
be allotted to appellee/cross-appellant, Tax
Commissioner of Ohio.
No later than ten days before oral argument,
counsel for appellants/crossappellees shall file a
notice of how they intend to divide the 30 minutes
of oral-argument time allotted to appellants/cross-
appellees.
2015-0483. Newegg, Inc. v. Testa.
Board of Tax Appeals, No. 2012-234. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion for oral
argument of Newegg, Inc., and Tax Commissioner
of Ohio, Joseph W. Testa, it is ordered by the
court that the motion is granted.
It is further ordered by the court, sua sponte, that
this cause is consolidated with 2015-0386,
Crutchfield, Inc. v. Testa, and 2015-0794, Mason
Cos., Inc. v. Testa, for oral argument only. One
hour in total shall be allotted for the combined
cases; 30 minutes shall be allotted to
appellants/cross-appellees, and 30 minutes shall
be allotted to appellee/cross-appellant, Tax
Commissioner of Ohio.
No later than ten days before oral argument,
counsel for appellants/crossappellees shall file a
notice of how they intend to divide the 30 minutes
of oral-argument time allotted to appellants/cross-
appellees.
2015-0794. Mason Cos., Inc. v. Testa.
Board of Tax Appeals, Nos. 2012-1169 and 2012-
2806. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion for oral
argument of Mason Companies, Inc., and Tax
Commissioner of Ohio, Joseph W. Testa, it is
ordered by the court that the motion is granted.
It is further ordered by the court, sua sponte, that
this cause is consolidated with 2015-0386,
Crutchfield, Inc. v. Testa, and 2015-0483,
Newegg, Inc. v. Testa, for oral argument only. One
hour in total shall be allotted for the combined
cases; 30 minutes shall be allotted to
appellants/cross-appellees, and 30 minutes shall
be allotted to appellee/cross-appellant, Tax
Commissioner of Ohio.
No later than ten days before oral argument,
counsel for appellants/crossappellees shall file a
notice of how they intend to divide the 30 minutes
of oral-argument time allotted to appellants/cross-
appellees.
2 01-07-16
CASE ANNOUNCEMENTS
January 6, 2015
[Cite as 01/06/2016 Case Announcements #2,
2016-Ohio-13.]
MOTION AND PROCEDURAL RULINGS
2015-1973. In re D.B.
Cuyahoga App. No. 102163, 2015-Ohio-4488.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion to stay
the appellate court’s decision pending appeal, it is
ordered by the court that the motion is denied.
O’Donnell and Lanzinger, JJ., dissent.
2015-1981. Arnold v. Burger King.
Cuyahoga App. No. 101465, 2015-Ohio-4485.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion to stay
pursuant to S.Ct.Prac.R. 7.01, it is ordered by the
court that the motion is denied.
O’Donnell, Lanzinger, and O’Neill, JJ., dissent.
CASE ANNOUNCEMENTS
January 4, 2016
[Cite as 01/04/2016 Case Announcements, 2016-
Ohio-1.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF JANUARY 4, 2016
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the January 4, 2016 Ohio
Official Reports advance sheet. These opinions
should now be cited using the Ohio Official
Reports citation format.
2013-0870 and 2013-0876. State v. Aguirre, 144
Ohio St.3d 179, 2014-Ohio4603.
2013-1044. State v. Bode, 144 Ohio St.3d 155,
2015-Ohio-1519.
2013-1253. Mahoning Cty. Bar Assn. v. Marrelli,
144 Ohio St.3d 253, 2015Ohio-4614.
2014-0235. Hillenmeyer v. Cleveland Bd. of Rev.,
144 Ohio St.3d 165, 2015Ohio-1623.
2014-0301. Apple Group, Ltd. v. Granger Twp.
Bd. of Zoning Appeals, 144 Ohio St.3d 188, 2015-
Ohio-2343.
2014-0513. Cruz v. Testa, 144 Ohio St.3d 221,
2015-Ohio-3292.
2014-0596. State ex rel. Carr v. London Corr.
Inst., 144 Ohio St.3d 211, 2015Ohio-2363.
2014-0708. Laboy v. Grange Indemn. Ins. Co.,
144 Ohio St.3d 234, 2015Ohio-3308.
2014-1150. State ex rel. Armstrong Steel
Erectors, Inc. v. Indus. Comm., 144 Ohio St.3d
243, 2015-Ohio-4525.
2014-1738. Toledo Bar Assn. v. DeMarco, 144
Ohio St.3d 248, 2015-Ohio4549.
2014-1884. State v. Williams, 144 Ohio St.3d 247,
2015-Ohio-4537.
2015-0034. Koenig v. Dungey, 144 Ohio St.3d
247, 2015-Ohio-4538.
2015-0128. Disciplinary Counsel v. Robinson, 144
Ohio St.3d 1229, 2015Ohio-4363.
2015-1422. State ex rel. Youngstown v. Mahoning
Cty. Bd. of Elections, 144 Ohio St.3d 239, 2015-
Ohio-3761.
2015-1424. In re Resignation of Denicola, 144
Ohio St.3d 1231, 2015-Ohio4359.
2015-1438. In re Resignation of McArdle, 144
Ohio St.3d 1234, 2015-Ohio4357.
MOTION AND PROCEDURAL RULINGS
2014-0607. In re D.S.
Licking App. No. 13-CA-58, 2014-Ohio-867. This
cause is pending before the court as an appeal
from the Court of Appeals for Licking County.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender’s Office is appointed to represent
appellant.
2015-1420. 7 Star Entertainment, Inc. v. Franklin
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3732. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the
2 01-04-16
cause is remanded to the Board of Tax Appeals to
take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2015-1469. Ortega v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4284. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals in order to
implement a settlement, it is ordered by the court
that the cause is remanded to the Board of Tax
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2015-1934. Chumlea v. Chumlea.
Clark App. No. 2014 CA 08, 2015-Ohio-4196. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the motion for admission
pro hac vice of James A. Alexander, it is ordered
by the court that the motion is granted. Pursuant
to Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A).
2015-1733. State ex rel. Rogers v. Ohio Dept. of
Rehab. & Corr.
In Mandamus.
2015-1879. State ex rel. Carroll v. Galion Assisted
Living Ltd.
Franklin App. No. 14AP-944, 2015-Ohio-4874.
2015-1880. Cleveland Mun. School Dist. Bd. of
Edn. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3488.
3 01-04-16
2015-1904. Lorring v. Cleveland.
In Mandamus.
2015-1933. State ex rel. Black v. CVS Pharmacy,
Inc.
Franklin App. No. 15AP-120, 2015-Ohio-4868.
2015-1964. Southwestern City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-1224.
2015-1966. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-1230.
2015-2006. Joseph Giordano Sr. Revocable Trust
v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4636, 2014-
4637, and 2014-4788.
2015-2021. Columbus City School Dist. Bd. of
Edn. v. Testa.
Board of Tax Appeals, No. 2014-4914.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-0329. Southland Self Storage, L.L.C. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2012-4183, 2012-
4227, and 2012-4228.
2015-1347. State ex rel. Manpower of Dayton,
Inc. v. Indus. Comm.
Franklin App. No. 14AP-376, 2015-Ohio-2650.
4 01-04-16
CASE ANNOUNCEMENTS
January 4, 2016
[Cite as 01/04/2016 Case Announcements #2,
2016-Ohio-5.]
MOTION AND PROCEDURAL RULINGS
2015-2102. LeMasters v. Celina Mun. Court.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for writs of mandamus and prohibition.
Upon consideration of the application for
alternative writ of prohibition and request for
expedited disposition, it is ordered by the court
that the application for alternative writ is denied.
Respondents shall file a response to the
complaint as provided for by S.Ct.Prac.R. 12.04,
and the case shall proceed according to the Rules
of Practice.
O’Neill, J., dissents and would grant an alternative
writ.
MAHONING COUNTY PROSECUTOR
ARRAIGNMENTS – TUESDAY, JANUARY 12,
2016-9:00 AM
JUDGE R. SCOTT KRICHBAUM
*********************************
SUPERCEDING INDICTMENT JAMES BROWN
(HARTWIG )
COUNT ONE
AGGRAVATED ROBBERY R.C.2911.01(A)(1)(C)
F-1
COUNT TWO
AGGRAVATED ROBBERY R.C.2911.02(A)(3)(C)
F-1 FIREARM SPECIFICATIONS
R.C.2941.145(A)
COUNT THREE
INTIMIDATION R.C.2921.03(A)(B) F-3
COUNT FOUR
RETALIATION R.C.2921.05(A)(C) F-3
*********************************
QUINTIN PRIETO (ENGLER )
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(d) F-2
COUNT TWO
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT THREE
CRIMINAL TRESPASS R.C.2911.21(A)(1)(D) M-
4
***************************************
LESA PARIS (ZELLERS )
COUNT ONE, TWO AND THREE
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5
COUNTS FOUR, FIVE AND SIX
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT SEVEN
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
COUNT EIGHT
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
****************************************
MICHAEL SEIDITA, WESLEY WARREN AND
JOSEPH JACKSON, IV (BILLAK)
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(a) F-5
COUNT TWO
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5 FORFEITURE SPECIFICATIONS
R.C.2981.
COUNT THREE
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
COUNT FOUR
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
************************************
MATTHEW R. AYERS (VIVO)
COUNT ONE AND THREE
MISUSE OF CREDIT CARD R.C.2913.21(B)(2)
(D)(1)(3) F-5
COUNTS TWO AND FOUR
IDENTITY FRAUD R.C.2913.49(B)(2)(I)(1)(2) F-4
*************************************
ERIN R. HALLAS POSSESSION OF COCAINE
DIPIERO R.C.2925.11(A)(C)(4)(a) F-5
************************************
CHRISTOPHER CORDERO
COUNT ONE INGRAM
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
COUNT TWO
CARRYING CONCEALED WEAPONS
R.C.2923.12(A)(2)(F) F-4
COUNT THREE
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5 FORFEITURE
SPECIFICATION R.C.2981.
***********************************
MATTHEW D. HUK POSSESSION OF HEROIN
__________ R.C.2925.11(A)(C)(6)(a) F-5
***********************************
GEORGE KELLY (ZENA )
COUNT ONE
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(20(B) F-3
COUNT TWO
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
************************************
DENISE LUTHERN (HARVEY ) POSSESSION
OF HEROIN R.C.2925.11(A)(C)(6)(a) F-5
************************************
MONTREAL MOORE (CONN) POSSESSION OF
HEROIN R.C.2925.11(A)(C)(6)(d) F-2
FORFEITURE SPECIFICATION R.C.2981.
************************************
NICHOLAS L. WOLFE (ROHRBAUGH)
COUNTS ONE AND TWO
AGGRAVATED VEHICULAR ASSAULT
R.C.2903.08(A)(1)(a)(B) F-3
COUNT THREE
OVI R.C.4511.19(A)(1)(a)(G)(1)(a) M-1
COUNT FOUR
OVI R.C.4511.19(A)(1)(b)(G)(1)(a) M-1
COUNT FIVE
OVI R.C.4511.19(A)(1)(j)(viii)(1)(G)(1)(a) M-1
COUNT SIX
IMPROPER PASSING R.C.4511.17(A)(1)(B) MM
COUNT SEVEN
RECKLESS OPERATION R.C.4511.20(A)(B) MM
COUNT EIGHT
UNSAFE VEHICLE R.C.4513.02(A)(H) MM
****************************************
ANNALISA BENSON (CERVELLO)
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5
****************************************
WILLIAM CHATMAN (CARFOLO )
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
**************************************
BRISCO HUFF (GOLLINGS)
COUNT ONE
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
***************************************
JUSTIN LAMP (WISE )
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)
(6)(a) F-5
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
COUNT THREE
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
***************************************
DANNY WILLIAMS (CASSESE)
COUNT ONE
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(e) F-1
COUNT TWO
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(d) F-2 FORFEITURE SPECIFICATIONS
R.C.2981.
COUNT THREE
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
COUNT FOUR
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
COUNT FIVE
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT SIX
RESISTING ARREST R.C.2921.33(A)(D) M-2
COUNT SEVEN
OBSTRUCTING OFFICIAL BUSINESS
R.C.2921.31(A)(B) M-2
COUNT EIGHT
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
ARRAIGNMENTS – TUESDAY, JANUARY 12,
2016-9:00 AM
JUDGE R. SCOTT KRICHBAUM
*********************************
SUPERCEDING INDICTMENT JAMES BROWN
(HARTWIG )
COUNT ONE
AGGRAVATED ROBBERY R.C.2911.01(A)(1)(C)
F-1
COUNT TWO
AGGRAVATED ROBBERY R.C.2911.02(A)(3)(C)
F-1 FIREARM SPECIFICATIONS
R.C.2941.145(A)
COUNT THREE
INTIMIDATION R.C.2921.03(A)(B) F-3
COUNT FOUR
RETALIATION R.C.2921.05(A)(C) F-3
*********************************
QUINTIN PRIETO (ENGLER )
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(d) F-2
COUNT TWO
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT THREE
CRIMINAL TRESPASS R.C.2911.21(A)(1)(D) M-
4
***************************************
LESA PARIS (ZELLERS )
COUNT ONE, TWO AND THREE
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5
COUNTS FOUR, FIVE AND SIX
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT SEVEN
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
COUNT EIGHT
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
****************************************
MICHAEL SEIDITA, WESLEY WARREN AND
JOSEPH JACKSON, IV (BILLAK)
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(a) F-5
COUNT TWO
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5 FORFEITURE SPECIFICATIONS
R.C.2981.
COUNT THREE
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
COUNT FOUR
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
************************************
MATTHEW R. AYERS (VIVO)
COUNT ONE AND THREE
MISUSE OF CREDIT CARD R.C.2913.21(B)(2)
(D)(1)(3) F-5
COUNTS TWO AND FOUR
IDENTITY FRAUD R.C.2913.49(B)(2)(I)(1)(2) F-4
*************************************
ERIN R. HALLAS POSSESSION OF COCAINE
DIPIERO R.C.2925.11(A)(C)(4)(a) F-5
************************************
CHRISTOPHER CORDERO
COUNT ONE INGRAM
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
COUNT TWO
CARRYING CONCEALED WEAPONS
R.C.2923.12(A)(2)(F) F-4
COUNT THREE
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5 FORFEITURE
SPECIFICATION R.C.2981.
***********************************
MATTHEW D. HUK POSSESSION OF HEROIN
__________ R.C.2925.11(A)(C)(6)(a) F-5
***********************************
GEORGE KELLY (ZENA )
COUNT ONE
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(20(B) F-3
COUNT TWO
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
************************************
DENISE LUTHERN (HARVEY ) POSSESSION
OF HEROIN R.C.2925.11(A)(C)(6)(a) F-5
************************************
MONTREAL MOORE (CONN) POSSESSION OF
HEROIN R.C.2925.11(A)(C)(6)(d) F-2
FORFEITURE SPECIFICATION R.C.2981.
************************************
NICHOLAS L. WOLFE (ROHRBAUGH)
COUNTS ONE AND TWO
AGGRAVATED VEHICULAR ASSAULT
R.C.2903.08(A)(1)(a)(B) F-3
COUNT THREE
OVI R.C.4511.19(A)(1)(a)(G)(1)(a) M-1
COUNT FOUR
OVI R.C.4511.19(A)(1)(b)(G)(1)(a) M-1
COUNT FIVE
OVI R.C.4511.19(A)(1)(j)(viii)(1)(G)(1)(a) M-1
COUNT SIX
IMPROPER PASSING R.C.4511.17(A)(1)(B) MM
COUNT SEVEN
RECKLESS OPERATION R.C.4511.20(A)(B) MM
COUNT EIGHT
UNSAFE VEHICLE R.C.4513.02(A)(H) MM
****************************************
ANNALISA BENSON (CERVELLO)
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5
****************************************
WILLIAM CHATMAN (CARFOLO )
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
**************************************
BRISCO HUFF (GOLLINGS)
COUNT ONE
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
***************************************
JUSTIN LAMP (WISE )
COUNT ONE
POSSESSION OF HEROIN R.C.2925.11(A)(C)
(6)(a) F-5
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
COUNT THREE
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
***************************************
DANNY WILLIAMS (CASSESE)
COUNT ONE
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(e) F-1
COUNT TWO
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(d) F-2 FORFEITURE SPECIFICATIONS
R.C.2981.
COUNT THREE
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(3)(B) F-3
COUNT FOUR
IMPROPERLY HANDLING A FIREARM IN A
MOTOR VEHICLE R.C.2923.16(B)(I)(2) F-4
COUNT FIVE
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNT SIX
RESISTING ARREST R.C.2921.33(A)(D) M-2
COUNT SEVEN
OBSTRUCTING OFFICIAL BUSINESS
R.C.2921.31(A)(B) M-2
COUNT EIGHT
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
CASE ANNOUNCEMENTS
December 31, 2015
[Cite as 12/31/2015 Case Announcements, 2015-
Ohio-5486.]
MERIT DECISIONS WITH OPINIONS
2014-2201. In re Adoption of H.N.R., Slip Opinion
No. 2015-Ohio-5476.
Greene App. No. 2014-CA-35, 2014-Ohio-4959.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
O’Neill, J., dissents.
MOTION AND PROCEDURAL RULINGS
2014-1792. State ex rel. Stewart v. Ohio Local
Govt. Innovation Council.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of the joint status report filed
by the parties on December 17, 2015, it is ordered
by the court that the stay of the procedural
schedule is hereby extended. The parties shall
notify the court within 180 days from the date of
this entry of the status and whether the stay may
be lifted.
2015-1365. State ex rel. T.L.M. v. Judges of First
Appellate Dist. Court of Appeals.
In Prohibition. This cause originated in this court
on the filing of a complaint for a writ of prohibition.
It is ordered by the court, sua sponte, that
respondents’ response in opposition to relator’s
motion to stay appellate proceedings is stricken
as untimely pursuant to S.Ct.Prac.R. 4.01(B)(1).
2015-2088. State ex rel. Cowan v. Gallagher.
Cuyahoga App. No. 103470, 2015-Ohio-5156.
This cause was filed as a jurisdictional appeal.
Upon consideration of appellant’s memorandum
in support of jurisdiction, it is determined by the
court that this cause originated in the court of
appeals and, therefore, should proceed as an
appeal of right pursuant to S.Ct.Prac.R. 5.01.
It is ordered by the court that the clerk shall issue
an order for the transmission of the record from
the Court of Appeals for Cuyahoga County, and
the parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 to 16.07.
2 12-31-15
December 31, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
ROY LEE DONEY, 33, 201 Fulton Rd., Apt. 3,
Canton – Aggravated Robbery; Aggravated
Possession of Drugs
ASHLEY ELLIS, 25, 918 East 131stt St., Chicago
– Illegal Processing of Drug Documents 5 Cts.
SHELLY MAREI KACZMARCZYK, 43, 976 State
Rt. 43, Suffield – Receiving Stolen Property
BRETT ANTHONY ABBOTT, 31, 610 Carnahan
Ave. NE, Canton – Possession of Cocaine
FREDERICK WILLIAM CAMERON, 43, 1517
Parkhill Pl. NE canton – Possession of Cocaine;
Petty Theft
JOHN FRANCIS FIRE, 35, 2410 Greg Cir. NW,
Canton – Failure to Comply with an Order or
Signal of a Police Officer; Operating a Vehicle
Under the Influence of Alcohol, a Drug of Abuse,
or a Combination of Them
KURTIES RAY BYRD, 46, No Permanent Address
– Criminal Trespass
TYREE T. PEARSON, 33, No Permanent Address
– Aggravated Burglary; Felonious Assault
SCOTT DAVID WALLACE, 41, 2202 23rd St. NE,
Canton – Domestic Violence
AMANDA JEAN BAKER, 23, 1807 Spring Ave.
NE, Canton – Assault; Criminal Damaging
DOMINIQUE L. FISHER, 32, 1016 26th St.,
Canton – Aggravated Burglary; Felonious Assault
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
LARRY LEE WOOD, 37, 8118 Shorb Ave. NW,
Apt. 3, Canton – Having Weapons While Under
Disability; Obstructing Official Business;
Endangering Children
DEVON D. WILIAMS, 31, 800 5th St. NE, Apt. 1,
Canton – Possession of Cocaine; Trafficking in
Cocaine; Having Weapons While Under Disability
2 Cts.; Presence in Place; Possession of Drug
Paraphernalia
JAYCENT JAMES STAATS, 32, 1635 Bank Pl.
SW, Canton – Domestic Violence
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
December 29, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported
an Indictment against the following individual(s):
PAUL RICHARD LEMASTER, 46, 1221 Benton
St., Barberton – Aggravated Possession of
Drugs
TERRY W. YERKEY, 51, 3302 2nd St. SE,
Canton – OVI; Possession of Drugs
BRYAN S. SHEEGOG, 28, 2639 Puma St., North
Canton – Domestic Violence
TEDRELL ALEXANDER BANKS, 27, 1622 20th
St. NE, Canton – Having Weapons While
Under Disability
TONE ROLON BABB, 24, 197 Wertz Ave. NW,
Canton – Aggravated Possession of Drugs
JORDON MICHAEL HESSON, 26, 6351
Crestlawn Dr. SE, East Canton – Improperly
Handling
Firearms in a Motor Vehicle
COREY MATTHEW RAYNOR, 18, 415 Sheriden
Dr., North Canton – Possession of Marijuana
PRINCE SAHKIER-PHARON ANDERSON, 19,
605 14th St. NE, Canton – Possession of
Marijuana
EDWIN D. CARTER, 46, 1002 2nd St. NW, Apt. 5,
Canton – Possession of Cocaine
KELVIN D. BLACK, 54, 341 S. Webb Ave.,
Alliance – Trafficking in Marijuana, 3 Cts.;
Having Weapons While Under Disability
RICHARD JOSEPH WAKELEY, 35, 2525 7th St.
SW, Canton – Possession of Cocaine
KAYDEN DAVID SCHLABACH, 21, 12828
Primrose Dr., Hartville – Aggravated Possession
of Drugs, 2 Cts.
NICKOLES WILEY HOLLY, 24, 812 Fifth St. NE,
Canton – Possession of Cocaine
LATHE E. MULLINS, 35, 805 Applegrove Street
NW, Apt 206, N. Canton - Petty Theft;
Criminal Damaging
KELLY R. FULK, 35, 231 Sixth Street NE, Canton
- Receiving Stolen Property
ROULON S. CALHOUN, 33, 1220 Worley Ave.
NW, Canton - Having Weapons While Under
Disability
RASHAUN M. BARRINO, 23, 2310 Martha Ave.
NE, Canton - Possession of Marijuana
TREJUAN C. JOHNSON, 18, 817 Greenfield Ave.
SW, Canton - Possession of Marijuana
KRISTIE L. FETHEROLF, 34, 4957 Sunnybrook
Rd., Apt B, Kent - Receiving Stolen Property
DAMIEN D. HILL, 39, 1340 Yale Ave. NE, Canton
- Felonious Assault; Robbery; Intimidation
of an Attorney, Victim or Witness in a Criminal
Case, Violating a Protection Order
LORI A. RIEHL, 44, 1440 St. Elmo Ave. NE,
Canton - Grand Theft
JOSEPH A. MENENDEZ, 66, 3397 Roswell Rd.
SW, Carrollton - Improper Handling of a
Firearm in a Motor Vehicle; OVI
MARK A. DUNHAM, 31, 2659 Daleford Ave. NE,
Canton - Failure to Comply with Order or
Signal of Police
WILLIE C. COPPEDGE, 56, 100 Evangel Rd.,
Spartanburg, SC - Using Weapons While
Intoxicated; Domestic Violence
KIMBERLY A. ROSSNER, 51, 3006 25th NW,
Canton - Using Weapons While Intoxicated;
Domestic Violence
MELISSA M. WHITE, 27, 1407 Spring Ave. NE
Apt A, Canton - OVI
ROBERT L. POSEY, 48, 1544 Eastview Ave. NE
Apt 1, Canton - Domestic Violence
AARON M. WHITE, 25, 757 S. Freedom Ave., Apt
B, Alliance - Criminal Damaging or
Endangering
KEVIN R. PROCTOR, 19, 4505 Ninth Street NW,
Canton - Aggravated Burglary; Domestic
Violence, Petty Theft
JAMES A. WHELCHEL, 36, 11322 NE Walnut,
Alliance - Illegal Manufacturing of Drugs;
Illegal Possession/Assembly of Chemical for
Manufacturing of Drugs; Endangering Children
DANIEL E. LAVALLEY, 41, 239 Tuscarawas St.,
Navarre - Attempted Burglary; Burglary
In its report, the Grand Jury reported that they had
voted No-Bill on the following
individual(s):
AMPHRODITE N. DAVIS, 38, 903 E. Summit St.,
Alliance – Receiving Stolen
Property, 3 Cts.
ANTHONY SANCHEZ, 17, 1113 Norris Place NE,
Canton – Aggravated Robbery;
Possession of Cocaine; Obstructing Official
Business
RONNY L. BLACK, 56, 249 S. Liberty Ave,
Alliance - Deception to Obtain a
Dangerous Drug
The Stark County Grand Jury previously reported
indictments of the following
individual(s) who have now been arraigned in
Court:
TERRILL A. STRICKLAND, 35, 2052 W. Market
St., Warren – Promoting Prostitution
FRANCISCO LAVELL WOMACK, 26, 2625 4th St.
NW, Canton – Felonious Assault;
Robbery; Repeat Violent Offender Specification, 2
Cts.
DELON ANTONIO MOODY, 25, 307 15th St. NE,
Canton – Robbery; Repeat Violent
Offender Specification
ROBERT SCOTT JOHNSON, 45, 1605 40th St.
NW, Canton – Non-Support of
Dependents, 3 Cts.
LOUIS ANDREW GARCIA, 23, 854 44th St. NW,
Apt. D, Canton – Agg. Trafficking in
Drugs; Agg. Possession of Drugs
December 23, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
BRAD A. MASTERS, 34, No Permant Address –
Deception to Obtain a Dangerous Drugs; Identity
Fraud
SHAWN M. RAMSEY, 28, 2112 Cambridge Ave.,
Massillon – Attempt to Commit an Offense
(Burglary); Robbery 2 Cts.
CORDERO M. STEPHEN, 27, 819 11th St. NE,
Massillon – Attempt to Commit an Offense
(Burglary); Robbery
CHARLES E. BRYANT, 22, 405 Clarendon Ave.
NW, Canton – Receiving Stolen Property
JAMES T. HILL, 38, 343 Trump Ave. NE, Canton
– Grand Theft
ANTONIO A. NARDO, 45, 14000 Lincoln St. SE,
Waynesburg – Failure to Comply to an Order or
Signal of a Police Officer; Operating a Vehicle
Under the Influece of Alcogol, a Drug of Abuse, or
a Combination of Them
SERGIO M ROYSTER, 38, 634 Alan Page Dr.
SE, Canton – Having Weapons While Under
Disability; Possession of Cocaine; Trafficking in
Marijuana; Possession of Marijuana
MARSHALL WALLACE, 52, 2802 Rowland Ave.
NE, Canton – Domestic Violence
DERRICK L. GRIMES, 25, 1710 Clark Ave. SW,
Canton - Robbery
CHARLES H. WARD, 44, 1149 Woodland,
Alliance – Domestic Violence
GERALD L. FRANKLIN, 33, 7868 Burkey Rd.
NW, N. Canton – Felonious Assault; Intimidation;
Domestic Violence
JONATHAN K. SMITH, 35, 1179 Ada St., Akron –
Felonious Assault
CASSANDRA K. BARKER, 35, 5450 Clay St.,
Louisville – Breaking & Entering 3 Cts.; Theft;
Petty Theft 3 Cts.
ZACHARY E. DARE, 29, 124 Kenneth Ct. NW,
Canton – Breaking & Entering 7 Cts.; Theft 2 Cts.;
Petty Theft 5 Cts.
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
CHARLES D. DELANEY – 32, 119 Dane Ave. NE,
Canton – Domestic Violence
NICHOLE A. TROYER – 25, 1300 Spangler St.
NE, Canton – Domestic Violence
DOMINICK X. JOHNSON, 24, 424 Mill St. SE,
Canton – Possession of Cocaine
CASE ANNOUNCEMENTS
December 29, 2015
[Cite as 12/29/2015 Case Announcements, 2015-
Ohio-5451.]
MERIT DECISIONS WITH OPINIONS
2014-0451. Dillon v. Farmers Ins. of Columbus,
Inc., Slip Opinion No. 2015Ohio-5407.
Coshocton App. No. 2013CA0014, 2014-Ohio-
431. Judgment vacated and cause dismissed.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, and French, JJ., concur.
Pfeifer and O’Neill, JJ., dissent.
**************************************
MOTION AND PROCEDURAL RULINGS
2012-2098. In re Comm. Rev. of Capacity
Charges of Ohio Power Co.
Public Utilities Commission, No. 10-2929-EL-
UNC. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the application of appellant,
Industrial Energy Users- Ohio, for dismissal, it is
ordered by the court that the application for
dismissal is denied as moot. Industrial Energy
Users-Ohio’s appeal was dismissed on June 5,
2013.
***************************************
MISCELLANEOUS DISMISSALS
2013-0228. In re Comm. Rev. of Capacity
Charges of Ohio Power Co.
Public Utilities Commission, No. 10-2929-EL-
UNC. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the application of appellant,
Industrial Energy Users- Ohio, for dismissal, it is
ordered by the court that the application for
dismissal is granted. Accordingly, Industrial
Energy Users-Ohio’s appeal is dismissed. This
case remains pending on the appeal of the Office
of the Ohio Consumers’ Counsel and the cross-
appeal of Ohio Power Company.
2013-0521. In re Application of Columbus S.
Power Co.
Public Utilities Commission, No. 11-326-EL-SSO.
This cause is pending before the court as an
appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the application of appellant,
Industrial Energy Users- Ohio, for dismissal, it is
ordered by the court that the application for
dismissal is granted. Accordingly, Industrial
Energy Users-Ohio’s appeal is dismissed. This
case remains pending on the other appeals and
cross-appeal filed in the case.
2013-1014. In re Application of Ohio Power Co.
Public Utilities Commission, No. 12-1126-EL-
UNC. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Public Utilities
Commission of Ohio.
2 12-29-15
December 18, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
ASHLEY J. WALLACE,31, 506 W. Lincoln Way,
Minerva – Operating a Vehicle Under the
Influence of Alcohol, a Drug of Abuse, or a
Combination of Them; Endangering Children,
Possession of Marijuana
DUSTIN M. GALLAGHER, 38, 3412 Cleveland
Ave. SW, canton – Receiving Stolen Property
COLLIN R. MITCHELL, 24, 2701 Harrison Ave.
NW, Canton – Petty Theft
RONNY J. HINKLE, 43, No Permeant Address –
Identity Fraud
OTIS L. VENSON, 46, 221 3rd St. SW, Canton –
Felonious Assault
MICHAEL T. DINGER, 22, 6920 Pinecrest St. NE,
canton – Having Weapons While Under Disability;
Carrying Concealed Weapon
MICHAEL T. HRINDA, 19, 109 Benson Ct. SW,
Canton – Discharge of a Firearm on or Near
Prohibited Premises; Criminal Damaging
SAI-VAUGHN MAARKEL STOKES, 19, 2215
Penn Pl. NE, Canton – Improperly Handling
Firearms in a Motor Vehicle; Trafficking in
Marijuana; Failure to Comply with an Order or
Signal of a Police Officer; Possession of
Marijuana
AMBER D. WILBURN, 28, 926 W. Tuscarawas
St., Canton – Assault; Obstructing Official
Business; Endangering Children; Resisting Arrest
NICHOLAS O’BRIEN, 18, 1610 Coopath Rd.,
Lancaster – Harassment with a Bodily Substance
5 Cts.; Assault
BRANDON MICHAEL SAUNDERS, 28, 202 S.
Haines Ave., Alliance – Domestic Violence
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
RICHARD B. PETTINGER, 47, 12459 Marlboro
Ave. NE, Alliance – Aggravated Possession of
Drugs
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
DOUGLAS S. MORRIS, 51, 2465 Onahom Cir
NE, Canton-Obstructing Official Business,
Resisting Arrest
CHRISTOPHER L. HICKS, 43, 272 W. Columbia
St., Alliance-Felonious Assault
JA’VAUGHN M. WHITE, 19, 1447 Wabash Court
NE, Canton-Carrying Concealed Weapon
DEMAN COOK, 23, 1002 Second St. NW,
Canton-Felonious Assault
VINCENT HENDERSON, 46, 4729 Cleveland Ave
NW, #3, Canton-Felonious Assault
CHRISTOPHER C. CLIFF, 23, 13419 3RD Ave E.,
Cleveland-Criminal Damaging RONALD H.
ZENO, 55, 1774 Federal Ave, Alliance-
Obstructing Official Business RIQUAN BENNETT,
19, 2775 Indian River Road, Massillon-Gross
Sexual Imposition
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
CORNELL D. WALLACE, 24, No Permanent
Address-Aggravated Robbery
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
DOUGLAS S. MORRIS, 51, 2465 Onahom Cir
NE, Canton-Obstructing Official Business,
Resisting Arrest
CHRISTOPHER L. HICKS, 43, 272 W. Columbia
St., Alliance-Felonious Assault
JA’VAUGHN M. WHITE, 19, 1447 Wabash Court
NE, Canton-Carrying Concealed Weapon
DEMAN COOK, 23, 1002 Second St. NW,
Canton-Felonious Assault
VINCENT HENDERSON, 46, 4729 Cleveland Ave
NW, #3, Canton-Felonious Assault
CHRISTOPHER C. CLIFF, 23, 13419 3RD Ave E.,
Cleveland-Criminal Damaging RONALD H.
ZENO, 55, 1774 Federal Ave, Alliance-
Obstructing Official Business RIQUAN BENNETT,
19, 2775 Indian River Road, Massillon-Gross
Sexual Imposition
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
CORNELL D. WALLACE, 24, No Permanent
Address-Aggravated Robbery
December 4, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JOSEPH R. SNYDER, 46, 4883 Sherman
Church, Canton – Possession of Cocaine;
Operating a Vehicle Under the Influence of
Alcohol, a Drug of Abuse, or a Combination of
Them
TIMOTHY A. DRAPER, 51, 1659 Shriver Rd. NE,
Canton – Possession of Heroin; Possession of
Cocaine
BREANNE M. MCCLURE, 31, 4219 Reimer Rd.,
Norton – Aggravated Possession of Drugs
GARY A. YEAGLEY, 36, 3807 Beech Hill Rd. NW,
N. Canton – Aggravated Possession of Drugs
SEAN JOSEPH MCCALLA, 42, 615 Prospect
Ave. SW, Canton – Domestic Violence 2 Cts.;
Endangering Children
MICHAEL ANTHONY ELLER, 23, 613 Shorb Ave.
NW, Canton – Attempt to Commit an Offense
(Felonious Assault); Obstructing Official Business;
Domestic Violence
PAUL WILLIAM LEWIS, 36, 342 18th St. NW,
Canton – Burglary
JEFFREY LANCE BURGES, 46, 1215 18th St.
NE, Canton – Breaking and Entering
DENNIS A. MASTIN, 54, 714 Correll Ave. NE,
Canton – Domestic Violence
TAEVONTAE S. MILES, 20, 1547 Gateway Blvd.
SE, Canton - Attempt to Commit an Offense
(Felonious Assault); Assault; Criminal Damaging
or Endangering
RONALD L. BABER, 63, 1631 Struble Ave.,
Canton – Aggravated Menacing; Criminal
Trespass
JEFFREY SEAN RUTH, 49, 726 Scranton Ave.,
Alliance – Menacing by Stalking
LIONELL BLAIR, 16, 825 Wells Ave. NW, Canton
– Aggravated Robbery (with firearm specification)
4 Cts.
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
ROBERT WILLIAM DELFOSSE, 30, 3209 Root
Ave. NE, Canton – Burglary; Endangering
Children
JOHN S. WEIMER, 43, 2354 Ansley St., Alliance
– Domestic Violence; Disorderly Conduct
ARRAIGNMENTS- TUESDAY, DECEMBER 22,
2015-9:00 AM
JUDGE R. SCOTT KRICHBAUM
15 CR 1101 TERRENCE MCKINNEY AND
DANTE HUTCHINS
AGGRAVATED BURGLARY R.C.2911.11(A)(1)(B)
F-1
COUNTS THREE AND FOUR AGGRAVATED
BURGLARY R.C.2911.11(A)(2)(B) F-1
COUNTS FIVE AND SIX FELONIOUS ASSAULT
R.C.2903.11(A)(2)(D) F-2
FIREARMSPECIFICATIONS R.C.2941.145(A)
REPEAT VIOLENT OFFENDER
SPECIFICATIONS R.C.2941.149(A)
SENTENCING ENHANCEMENTS
R.C.2929.13(F)(G)
*******************************
15 CR 1135 FRANK J. CONSIGLIO
COUNT ONE MAILLIS / ABUSING HARMFUL
INTOXICANTS R.C.2925.31(A)(B) F-5
COUNT TWO THEFT R.C.2913.02(A)(1)(B)(1)(2)
M-1
*******************************
15 CR 1136 ALLISON M. WHITTAKER AND
ROCCA H. FORD
COUNT ONE THEFT R.C.2913.02(A)(1)(B)(1)(2)
F-5
COUNT TWO AGGRAVATED ROBBERY
R.C.2911.01(A)(1)(C) F-1
COUNT THREE ROBBERY R.C.2911.02(A)(2)(B)
F-2
*******************************
15 CR 1138 NYESHA N. PEEPLES, AKA
NYEASHA N. PEEPLES
THEFT R.C.2913.02(A)(1)(B)(1)(2) F-5
******************************
15 CR 1140 BIRCH FRANKLIN, JR.
POSSESSION OF COCAINE R.C.2925.11(A)(C)
(4)(a) F-5
******************************
15 CR 1141 BRIAN TORRES
FAILURE TO COMPLY WITH ORDER OR
SIGNAL OF POLICE OFFICER R.C.2921.331(B)
(C)(1)(5)(a)(ii) F-3
******************************
15 CR 1142 MICHAEL WEST
COUNT ONE ASSAULT R.C.2903.13(A)(C)(1)(50
F-4
COUNT TWO RESISTING ARREST
R.C.2921.33(B)(D) M-1
*********************************
15 CR 1143 FRANK E. CHRISTIAN, II
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(d) F-2 FORFEITURE SPECIFICATION
R.C.2981
********************************
15 CR 1145 MELISSA CHESTER AND
SABRINA JONES
COUNT ONE POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNTS THREE AND FOUR POSSESSING
DRUG ABUSE INSTRUMENT R.C.2925.12(A)(C)
M-2
COUNT FIVE ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
*********************************
15 CR 1147 KEITH DAVIS
COUNT ONE TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT TWO ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
*********************************
15 CR 1149 DEVON HUDSON
COUNT ONE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNT TWO POSSESSION OF DRUGS
R.C.2925.11(A)(C)(2)(a) M-1
**********************************
15 CR 1151 STEVEN JETER
COUNT ONE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(e) F-1 FORFEITURE
SPECIFICATION R.C.2981
COUNT TWO ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
***********************************
15 CR 1153 KELLY NEFF
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5
***********************************
15 CR 1154 ANTWANE PEEPLES AND
NYEASHA PEEPLES
COUNT ONE TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT TWO POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT THREE AGGRAVATED POSSESSION
OF DRUGS R.C.2925.11(A)(C)(1)(a) F-5
COUNT FOUR ILLEGAL USE OR POSSESSION
OF DRUG PARAPHERNALIA R.C.2925.14(C)(1)
(F) M-4
COUNT FIVE POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
***********************************
15 CR 1156 TYRELL SURLES
AGGRAVATED POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5
************************************
15 CR 1158 KHAYREE WILLIAMS
CARRYING CONCEALED WEAPONS
R.C.2923.12(A)(2)(F) F-4
***********************************
15 CR 1159 ARTHUR MILLS WILLIAMS, JR.
THEFT R.C.2913.02(A)(1)(B)(1)(2) F-5
**********************************
SECRET INDICTMENT 15 CR JOHN DOE
TRAFFICKING IN HEROIN R.C.2925.03(A)(1)(C)
(6)(c) F-4
***********************************
SECRET INDICTMENT 15 CR JANE DOE
COUNT ONE POSSESSION OF HEROIN
R.C.2925.11(A)(C)(4)(a) F-5
COUNT TWO POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
***********************************
SECRET INDICTMENT 15 CR JOHN DOE
COUNTS ONE AND TWO TRAFFICKING IN
HEROIN R.C.2925.03(A)(C)(6)(c)&(a) F-3; F-5
***********************************
SECRET INDICTMENT 15 CR JOHN DOE
COUNTS ONE AND TWO TRAFFICKING IN
HEROIN R.C.2925.03(A)(1)(C)(6)(c)&(d) F-3 15
***********************************
SECRET INDICTMENT 15 CR JOHN DOE
COUNT ONE TRAFFICKING IN HEROIN
R.C.2925.03(A)(1)(C)(6)(a) F-5
COUNT TWO POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(c) F-3
COUNT THREE POSSESSION OF DRUGS
R.C.2925.11(A)(C)(1)(a) F-5 FORFEITURE
SPECIFICATION R.C.2981.
***********************************
SECRET INDICTMENT 15 CR JOHN DOE /
JOHN DOE
COUNTS ONE THROUGH SIX TRAFFICKING IN
HEROIN R.C.2925.03(A)(1)(C)(a)&(c) F-5; F-4
***********************************
December 8, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
BRANDO SCOTT SPENCER, 55, 2908 Harmont
Ave. NE, Canton – Possession of Cocaine
TERESSA T. BENDSON, 30, 1202 35th St. NE,
Canton – Possession of Cocaine; OVI
LANCE B. JONES, 35, 1026 E. Patterson St.,
Alliance – Domestic Violence; Disrupting Public
Service; Endangering Children; Unlawful Restraint
DURIEL L. ROSS, 31, 2746 Martindale Rd. NE,
Canton – Assault
KOLBI A. ROSS, 19, 452 Rice Ave. NE, Canton –
Possession of Cocaine
JEFFREY DAVID YOKUM, 48, 2421 Miller St. SE,
Canton – OVI
SARA ZENO, 37, 23 Shriber Ave. SW, #2,
Massillon – Misuse of Credit Cards
MARCUS ALLEN MOORE, 30, 944 Rowland Ave.
NE, Canton – Domestic Violence
MICHAEL TAYVON SMITH, 27, 59 Marion Ave.,
Massillon – Domestic Violence; Criminal
Damaging
EDWARD C. WEBSTER, 31, 1223 Second St.
SE, Canton – Trafficking in Cocaine; Possession
of Cocaine
VICTOR POMPA, 26, 3826 Mahoning Rd. NE,
Canton – Domestic Violence
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
TOM E. BENNETT, 53, 761 Evalane, Akron –
Felonious Assault
The Stark County Grand Jury previously reported
indictments of the following individual(s) who have
now been arraigned in Court:
MICHAEL DAVIS, 35, 2533 23rd St., Cuyahoga
Falls – Non-Support of Dependents
TIMMOTHY LEE HENRY, 23, 6325 Sandalwood
Ave. NE, Canton – Unlawful Sexual Conduct with
a Minor
CASE ANNOUNCEMENTS
December 7, 2015
[Cite as 12/07/2015 Case Announcements, 2015-
Ohio-5024.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF DECEMBER 7,
2015
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the December 7, 2015
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2012-2008. In re Application of Ohio Power Co.,
144 Ohio St.3d 1, 2015-Ohio2056.
2013-1527. Granger v. Auto-Owners Ins., 144
Ohio St.3d 57, 2015-Ohio-3279. 2013-1773.
Estate of Atkinson v. Ohio Dept. of Job & Family
Servs., 144 Ohio St.3d 70, 2015-Ohio-3397.
2013-1902. State ex rel. Lacroix v. Indus. Comm.,
144 Ohio St.3d 17, 2015
Ohio-2313. 2014-0050. State ex rel. WFAL
Constr. v. Buehrer, 144 Ohio St.3d 21, 2015Ohio-
2305.
2014-0532. Cunningham v. Testa, 144 Ohio St.3d
40, 2015-Ohio-2744. 2014-0738. Akron v. Ohio
Dept. of Ins., 144 Ohio St.3d 56, 2015-Ohio-2926.
2014-1009. State ex rel. Smith v. McGee, 144
Ohio St.3d 50, 2015-Ohio-2748.
2014-1122. State ex rel. Clough v. Franklin Cty.
Children Servs., 144 Ohio
St.3d 83, 2015-Ohio-3425. 2014-1240. State ex
rel. Menz v. State Teachers Retirement Bd., 144
Ohio St.3d 26, 2015-Ohio-2337.
2014-1352. Pence v. Bunting, 143 Ohio St.3d
532, 2015-Ohio-2026.
2014-1487. Pointer v. Russo, 144 Ohio St.3d 13,
2015-Ohio-2078.
2014-1686. Al’shahid v. Cook, 144 Ohio St.3d 15,
2015-Ohio-2079.
2014-1745. Cleveland Metro. Bar Assn. v. Axner,
143 Ohio St.3d 1281, 2015
Ohio-2776.
2014-1912. Bevins v. Richard, 144 Ohio St.3d 54,
2015-Ohio-2832.
2014-2021 and 2014-2022. State ex rel. Elder v.
Camplese, 144 Ohio St.3d 89,
2015-Ohio-3628.
2014-2078. Disciplinary Counsel v. Alo, 143 Ohio
St.3d 1284, 2015-Ohio-3258.
2014-2148. Disciplinary Counsel v. Coleman, 144
Ohio St.3d 35, 2015-Ohio
2489.
2014-2175. Trumbull Cty. Bar Assn. v. Bellew, 143
Ohio St.3d 1298, 2015Ohio-3697.
2015-0579. In re Burge, 143 Ohio St.3d 1283,
2015-Ohio-3169.
2015-1084. In re Resignation of Fine, 143 Ohio
St.3d 1287, 2015-Ohio-3265.
2015-1086. In re Resignation of Sanders, 143
Ohio St.3d 1289, 2015-Ohio
3270.
2015-1197. Disciplinary Counsel v. Bellew, 143
Ohio St.3d 1292, 2015-Ohio3274.
2015-1447. In re Mason, 143 Ohio St.3d 1295,
2015-Ohio-3579.
2 12-07-15
2015-1510. In re Phillips, 143 Ohio St.3d 1300,
2015-Ohio-3732.
MOTION AND PROCEDURAL RULINGS
2014-2204. State v. Roper.
Summit App. No. 27025, 2014-4786. This cause
came on for further consideration upon the filing
of appellant’s motion to appoint appellate counsel
nunc pro tunc. It is ordered by the court that the
motion is granted.
3 12-07-15
CASE ANNOUNCEMENTS
December 4, 2015
[Cite as 12/04/2015 Case Announcements, 2015-
Ohio-4985.]
MOTION AND PROCEDURAL RULINGS
2015-0393. Anderson v. Cleveland
Miscellaneous case. This cause came on for
further consideration upon the filing of relators’
motion to strike and overrule respondent’s
response to relators’ motion for amendment for
the substitution of two photographs to replace the
photographs previously labeled “Attachment II.” It
is ordered by the court that the motion is denied
as moot.
CASE ANNOUNCEMENTS
December 4, 2015
[Cite as 12/04/2015 Case Announcements #2,
2015-Ohio-5009.]
DISCIPLINARY CASES
2010-1793. Disciplinary Counsel v. Medley.
On petition for reinstatement. William Scott
Medley, Attorney Registration No. 0031001, is
hereby reinstated to the practice of law in Ohio on
condition.
uting Attorney, Stark County, Ohio
December 4, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JUSTIN A. BRINKLEY, 25, 216 Barter Ave., Akron
– Aggravated Possession of Drugs
ROBERT W. PRITCHETT, 41, 515 N. Boradway
Apt. 13, New Philadelphia - Receiving Stolen
Property
RICK A. LEWIS, 55, 4545 9th St. NW, Canton -
Operating a Vehicle Under the Influence of
Alcohol, a Drug of Abuse, or a Combination of
Them (With Repeat OVI Offender
Specification)
LESTER L. CROSTON, 58, 1507 Stark SW,
Canton - Operating a Vehicle Under the Influence
of Alcohol, a Drug of Abuse, or a Combination of
Them (With Repeat OVI Offender
Specification)
RCHAEL N. SISSON, 28, 1210 18th St. NW,
Canton - Possession of Marijuana
IVAN MUNFORD, 30, 937 Harrison Ave. SW,
Canton – Possession of Marijuana
JOEY J. CAMDEN, 38, 605 Chestnut St., Minerva
- Domestic Violence; Aggravated Menacing
CARLOS ALEXANDER, 27, No Permanent
Address - Domestic Violence
KEVIN A. THOMAS, 50, 1503 Henry Ave. SW,
Canton -Breaking and Entering
FRANCES M. HESSON, 50, 1503 Henry Ave.
SW, Canton – Breaking and Entering
DOMINICK X. JOHNSON, 24, 424 Mill St. SE,
Canton - Aggravated Robbery
CHRISTOPHER M. SLATES, 32, 5365 Fulton Rd.
NW, Canton -Operating a Vehicle Under
the Influence of Alcohol, a Drug of Abuse, or a
Combination of Them, (With
Repeat OVI Offender Specification)
RICKY L. JOHNSON, 31, 115 Willow Ave. NE,
Massillon - Domestic Violence
DUSTIN R. SPEICHER, 24, 11860 Glenco St.,
Canal Fulton - Aggravated Possession of Drugs
JAMES T. HILL, 20, 3338 Linwood Ave. SW,
Canton - Violating a Protection Order; Domestic
Violence; Endangering Children
TROY D. DIETRICK, 32, 2913 17th St. NW, #104,
Canton - Domestic Violence
JOSHUA A. MOUNTZ, 38, 2342 Eastern Ave.
Alliance - Possession of Drugs
SHAWN G. MINER, 28, 3828 Westview Ave. NW,
Canton - Domestic Violence
JOSEPH A. MARCONI, 23, 259 ˝ N. Union Ave.,
Alliance - Assault, 2 Cts.; Criminal
Damaging or Endangering, 1 Ct.
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
ASHLEY L. BUTLER, 31, 2315 Maple Ave. NE,
Canton – Receiving Stolen Property
Prosecuting Attorney, Stark County, Ohio
December 4, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
ASHLEY R. HELMICK, 19, 4405 Mulheim Dr.,
SW; Navarre – Vehicular Assault
JOSEPH W. BURKHOLDER, 33, 2326 Watson
Ave., Alliance – Aggravated Possession of Drugs
KARDONIS V. JACKSON, 53, No Permanent
Address – Assault
LAWRENCE MILLER, 35, 939 Raymond St.,
Akron – Possession of Heroin
DAMAN M. SLOCUM, 40, 1108 Main Ave.,
Massillon – Possession of Heroin
ROBERT A. GREEN, 52, No Permanent Address,
Periodic Verification of Current Address
BOBBY J. WRIGHT, 2617 Coventry Blvd., NE;
Canton – Possession of Heroin
ASHTON J. TOLES, 40, 3598 Wales Ave., Apt. D;
Massillon – Possession of Cocaine
CARY G. W. ROBINSON, 23, 2426 Ninth St., NW;
Canton – Failure to Comply with an Order or
Signal of a Police Officer, Driving Under
Suspension, Resisting Arrest
ROBERT SLOAN-HAIRSTON, 30, 1126 S. Linden
Ave., Alliance – Trafficking in Marihuana,
Possession of Marihuana
ALEX L. TAYLOR, 32, 3048 12th St., NW; Canton
– Notice of Change of Address
JEFFERY P. MARTIN, 23, 549 S. Arch; Apt. #2;
Alliance – Notice of Change of Address
LEROY O. DIXON, 31, 2314 Tenth St., SW;
Canton – Trafficking in Cocaine, Possession of
Cocaine
CASE ANNOUNCEMENTS
December 3, 2015
[Cite as 12/03/2015 Case Announcements, 2015-
Ohio-4976.]
MERIT DECISIONS WITH OPINIONS
2014-1977. Megaland GP, L.L.C. v. Franklin Cty.
Bd. of Revision, Slip Opinion No. 2015-Ohio-
4918.
Board of Tax Appeals, No. 2014-3677. Decision
affirmed and cause remanded to
the Board of Tax Appeals.
O’Connor, C.J., and Pfeifer and O’Neill, JJ.,
concur.
O’Donnell, J., concurs in judgment only.
Lanzinger, Kennedy, and French, JJ., dissent.
2015-0999. Disciplinary Counsel v. Schwartz, Slip
Opinion No. 2015-Ohio4946.
On Certified Report by the Board of Professional
Conduct, No. 2015-009. Fred Phillip Schwartz,
Attorney Registration No. 0007494, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2014-0423. State ex rel. Claugus Family Farm,
L.P. v. Seventh Dist. Court of Appeals.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for a writ of mandamus and prohibition.
Upon consideration of Beck Energy Corporation’s
motion for adjustment of oral-argument schedule,
it is ordered by the court that the motion is
granted and the revised oral-argument schedule
is as follows:
· Clyde A. Hupp and Larry A. and Lori Hustack et
al. shall argue first, are permitted nine minutes of
oral argument, and may reserve time for first
rebuttal;
· Claugus Family Farm, L.P., shall argue second,
is permitted nine minutes of oral argument, and
may reserve time for second rebuttal; · Beck
Energy Corporation shall argue third and is
permitted nine minutes of oral argument; · XTO
Energy, Inc., shall proceed as an amicus curiae,
shall argue fourth, and is permitted four minutes
of oral argument; and · The Seventh District Court
of Appeals et al. shall argue fifth and are
permitted nine minutes of oral argument.
Any rebuttal time reserved by Clyde A. Hupp et al.
shall follow the oral argument of the Seventh
District Court of Appeals, and any rebuttal time
reserved by Claugus Family Farm, L.P., shall
follow the rebuttal of Clyde A. Hupp et al.
Pursuant to this court’s February 3, 2015 entry,
oral argument in this case shall be consolidated
with oral argument in 2014-1933, Hupp v. Beck
Energy Corp.
2014-1933. Hupp v. Beck Energy Corp.
Monroe App. No. 12MO6, 2014-Ohio-4255. This
cause is pending before the court as an appeal
from the Court of Appeals for Monroe County.
Upon consideration of Beck Energy Corporation’s
motion for adjustment of oral-argument schedule,
it is ordered by the court that the motion is
granted and the revised oral-argument schedule
is as follows:
· Clyde A. Hupp and Larry A. and Lori Hustack et
al. shall argue first, are permitted nine minutes of
oral argument, and may reserve time for first
rebuttal;
· Claugus Family Farm, L.P., shall argue second,
is permitted nine minutes of oral argument, and
may reserve time for second rebuttal; · Beck
Energy Corporation shall argue third and is
permitted nine minutes of oral argument; · XTO
Energy, Inc., shall proceed as an amicus curiae,
shall argue fourth, and is permitted four minutes
of oral argument; and
· The Seventh District Court of Appeals et al. shall
argue fifth and are permitted nine minutes of oral
argument.
Any rebuttal time reserved by Clyde A. Hupp et al.
shall follow the oral argument of the Seventh
District Court of Appeals, and any rebuttal time
reserved by Claugus Family Farm, L.P., shall
follow the rebuttal of Clyde A. Hupp et al.
Pursuant to this court’s January 28, 2015 entry,
oral argument in this case shall be consolidated
with oral argument in 2014-0423, State ex rel.
Claugus Family Farm, L.P. v. Seventh Dist. Court
of Appeals.
2015-0632. Lorain City School Dist. Bd. of Edn. v.
Testa.
Board of Tax Appeals, No. 2013-6134. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Board of Tax Appeals, it is
ordered by the court that the cause is remanded
to the Board of Tax Appeals to take further action
as appropriate.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2015-1284. State v. Noling.
Portage App. No. 2014-P-0045, 2015-Ohio-2454.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion to strike
appellant’s own motion to consolidate, it is
ordered by the court that the motion is granted.
2015-1311. Bank of New York Mellon v. Martin.
Hamilton App. No. C-140314, 2015-Ohio-2531.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of the notice of bankruptcy, it
is ordered by the court that this cause is stayed
pending resolution of the bankruptcy case or a
lifting of the automatic stay imposed by 11 U.S.C.
362. The parties shall notify this court immediately
upon conclusion of the bankruptcy proceedings or
a lifting of the automatic stay imposed by 11
U.S.C. 362.
2015-1472. State ex rel. McKibben v. Drake.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of respondents’ motions to
dismiss, it is ordered by the court that the motions
to dismiss are granted. Accordingly, this cause is
dismissed.
2015-1754. Freedom Mtge. Corp. v. Robbins.
Hamilton App. No. C-140475. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of the suggestion of
bankruptcy, it is ordered by the court that this
cause is stayed pending resolution of the
bankruptcy case or a lifting of the automatic stay
imposed by 11 U.S.C. 362. The parties shall notify
this court immediately upon conclusion of the
bankruptcy proceedings or a lifting of the
automatic stay imposed by 11 U.S.C. 362.
DISCIPLINARY CASES
2014-0968. Disciplinary Counsel v. Meyer.
It is ordered by this court, sua sponte, that
Rebecca Christine Meyer, Attorney Registration
No. 0076007, last known business address in Mt.
Orab, Ohio, is found in contempt for failure to
comply with this court’s order of February 19,
2015, to wit: failure to file an affidavit of
compliance on or before March 23, 2015.
2014-0970. Disciplinary Counsel v. Eisler.
It is ordered by this court, sua sponte, that David
Charles Eisler, Attorney Registration No.
0020362, last known business address in Seattle,
Washington, is found in contempt for failure to
comply with this court’s order of March 18, 2015,
to wit: failure to file an affidavit of compliance on
or before April 17, 2015, and failure to pay board
costs in the amount of $718.56 on or before June
16, 2015.
2014-2175. Trumbull Cty. Bar Assn. v. Bellew.
It is ordered by this court, sua sponte, that
Timothy Eric Bellew, Attorney Registration No.
0067573, last known business address in Girard,
Ohio, is found in contempt for failure to comply
with this court’s order of September 14, 2015, to
wit: failure to file an affidavit of compliance on or
before October 14, 2015.
2015-0919. In re Resignation of Lape.
It is ordered by this court, sua sponte, that Lynn
Ann Lape, Attorney Registration No. 0068728,
last known business address in Cincinnati, Ohio,
is found in contempt for failure to comply with this
court’s order of July 2, 2015, to wit: failure to
surrender her certificate of admission and failure
to file an affidavit of compliance on or before
August 3, 2015.
2015-1447. In re Mason.
It is ordered by this court, sua sponte, that Lance
Timothy Mason, Attorney Registration No.
0067346, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of September 3,
2015, to wit: failure to file an affidavit of
compliance on or before October 5, 2015.
MISCELLANEOUS DISMISSALS
2013-0724. State ex rel. Hart v. Indus. Comm.
Franklin App. No. 12AP-77, 2013-Ohio-1155. This
cause is pending before the court as an appeal
from the Court of Appeals for Franklin County.
The records of this court indicate that appellant
has not filed a merit brief, due November 24,
2015, in compliance with the Rules of Practice of
the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Franklin County.
2015-1399. Ware v. Testa.
Board of Tax Appeals, No. 2015-445. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R.
19.01 (A).
2015-1773. State ex rel. Sunesis Constr. Co. v.
Indus. Comm.
Franklin App. No. 13AP-449, 2015-Ohio-3973.
2015-1777. State ex rel. Washington v. Indus.
Comm.
Franklin App. No. 14AP-445, 2015-Ohio-3897.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R.
16.02 through 16.07. As provided in S.Ct.Prac.R.
16.07, the court may dismiss these cases or take
other action if the parties fail to timely file merit
briefs.
2015-1410. Arbors E. RE, L.L.C. v. Franklin Cty.
Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4527 and 2014-
4607.
2015-1431. Jakobovitch v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-3406.
2015-1432. Mann v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-3407.
2015-1559. 422 Sycamore Entertainment, L.L.C.
v. Testa.
Board of Tax Appeals, No. 2014-1023.
The following case has been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
Respondent shall file a response to the complaint
within 21 days of the date of this entry.
2015-1517. State ex rel. Singer v. Fairfield Local
School Dist. Bd. of Edn.
In Mandamus.
CASE ANNOUNCEMENTS
December 2, 2015
[Cite as 12/02/2015 Case Announcements, 2015-
Ohio-4947.]
MERIT DECISIONS WITH OPINIONS
2014-0831. State ex rel. DiFranco v. S. Euclid,
Slip Opinion No. 2015-Ohio4914.
In Mandamus. Writ granted.
O’Connor, C.J., and O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
Pfeifer, J., dissents and would dismiss the
petition.
2014-1761. State ex rel. DiFranco v. S. Euclid,
Slip Opinion No. 2015-Ohio4915.
Cuyahoga App. No. 97713. Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-0975. State ex rel. Keith v. Ohio Dept. of
Rehab. & Corr.
In Mandamus and Habeas Corpus. On
petition/complaint for writ of mandamus and
habeas corpus of Bernard Keith, motion for
appointment of counsel for representation, motion
to obtain records pursuant to Ohio Adm.Code
1520:1-136(D), request for judicial notice of
intent/effort to fully comply with mandates of
R.C. 2969.25(C)(1), motion for leave to
supplement complaint/pleadings with additional
documentary exhibits pursuant to Civ.R. 15,
application for peremptory writ and motion to
waive prepayment of filing fees with affidavit of
financial disclosure, affidavit of indigency,
certification of inmate account and inmate account
statement. Motions denied. On consideration of
respondent's answer. Cause dismissed.
O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
O’Donnell, J., not participating.
2015-1149. State ex rel. Preston v. Moore.
In Habeas Corpus. On petition for writ of habeas
corpus of Atravion Preston. Sua sponte, cause
dismissed. On motion to amend petition for writ of
habeas corpus. Motion denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1471. Frazier v. Devers.
Miscellaneous case. On motions to dismiss of
Franklin County Court of Common Pleas and
Franklin County Municipal Court. Motions granted.
Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1509. Smith v. Second Dist. Court of
Appeals.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1523. Amerson v. Marsh.
In Mandamus. On motion to dismiss of Judge
Melba D. Marsh. Motion granted. Cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1528. Violation of Civ. Protection Order.
Miscellaneous case. On motions to dismiss of
Franklin County Municipal Court and Franklin
County Court of Common Pleas. Motions granted.
Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2001-0308. Bivens v. State Personnel Bd. of Rev.
On second amended motion to supplement
record. Motion denied.
2014-1267. State ex rel. Maddox v. Lincoln Hts.
On motion for expedited ruling on joint motion for
preliminary approval of class-action settlement.
Motion denied.
Pfeifer and Kennedy, JJ., dissent.
2014-2241. State ex rel. Barton v. Barton.
On motion for relief from judgment. Motion
denied. On motion to dismiss relator’s motion for
relief from judgment. Motion denied.
2015-0393. Anderson v. Cleveland.
On motion for clarification of the court’s decision
to dismiss original action and complaint. Motion
denied. On motion for amendment for the
substitution of two photographs to replace the
photograph previously labeled “Attachment II.”
Motion denied.
2015-1419. Smith v. Erie Ins. Co.
Ottawa App. No. OT-15-005, 2015-Ohio-3078. On
review of order certifying a conflict. The court
determines that a conflict exists. The parties are
to brief the issue stated at page 16 of the court of
appeals’ decision and judgment dated July 31,
2015, as follows:
“The subject of the conflict is the uninsured
motorist provision in an auto insurance policy,
which states that the testimony of an insured
seeking recovery of uninsured motorist benefits
does not constitute independent corroborative
evidence as required by the policy, unless the
testimony is supported by additional evidence.
The question to be resolved is whether the policy
language is ambiguous leading to an
interpretation in favor of the insured that any
evidence apart from the insured’s testimony,
either derived from the insured’s testimony or not,
is sufficient to constitute ‘additional evidence’
under the policy, or whether the policy is
unambiguous and the ‘additional evidence’ must
be independent of, and not derived from, the
insured’s testimony.”
The conflict case is Brown v. Philadelphia Indemn.
Ins. Co., 12th Dist. Warren No. CA2010-10-094,
2011-Ohio-2217.
Pfeifer, O’Donnell, and French, JJ., dissent.
2015-1556. Metcalf v. Kilzer.
Athens App. No. 15CA30. On motion to stay and
set bond. Motion denied.
2015-1647. State v. Smith.
Portage App. No. 2013-P-0083, 2014-Ohio-4300.
On motion for leave to file delayed appeal. Motion
denied.
Pfeifer, J., dissents.
2015-1648. Lavin v. Hervey.
Stark App. No. 2015CA00021, 2015-Ohio-3458.
On motion for stay of judgment and motion to
waive posting of supersedeas bond. Motions
denied.
2015-1651. State v. Eldridge.
Scioto App. No. 11CA344, 2012-Ohio-3747. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer, J., dissents.
2015-1653. State v. McManus.
Cuyahoga App. No. 101922, 2015-Ohio-2393. On
motion for leave to file delayed appeal. Motion
denied.
Pfeifer and Kennedy, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2015-0947. State v. Kent.
Cuyahoga App. No. 101853, 2015-Ohio-1546.
Discretionary appeal accepted and
cause held for decision in 2015-0473, State v.
Thomas, and briefing schedule stayed.
Pfeifer, French, and O’Neill, JJ., dissent.
2015-0956. State v. Overholser.
Clark App. No. 2014-CA-42, 2015-Ohio-1980.
Discretionary appeal accepted and cause held for
decision in 2014-1825, State v. Marcum, and
briefing schedule stayed.
Pfeifer, Lanzinger, and O’Neill, JJ., dissent.
2015-0994. State v. Bryan.
Cuyahoga App. No. 101209, 2015-Ohio-1635.
Discretionary appeal accepted and cause held for
decision in 2015-0473, State v. Thomas, and
briefing schedule stayed.
Pfeifer, French, and O’Neill, JJ., dissent.
2015-1107. State v. Anderson.
Mahoning App. No. 11 MA 43, 2015-Ohio-2029.
Discretionary appeal accepted on Proposition of
Law No. I only.
Lanzinger, French, and O’Neill, JJ., would also
accept the cause on Proposition of Law No. II.
Pfeifer, O’Donnell, and Kennedy, JJ., dissent.
APPEALS NOT ACCEPTED FOR REVIEW
2014-0794. State v. Noling.
Portage App. No. 2011-P-0018, 2014-Ohio-1339.
O’Neill, J., not participating.
2015-0805. Dillon v. OhioHealth Corp.
Franklin App. Nos. 13AP-467 and 14AP-259,
2015-Ohio-1389. Appeal and cross-
appeal not accepted.
O’Donnell, J., dissents and would accept the
appeal.
Kennedy and French, JJ., dissent and would
accept the appeal and the cross-appeal.
2015-0825. Harris v. Benjamin Steel Co., Inc.
Richland App. No. 14 CA 96, 2015-Ohio-1499.
Pfeifer, J., dissents.
2015-0838. Huntington Natl. Bank v. Stanley
Miller Constr. Co.
Stark App. No. 2014CA00128, 2015-Ohio-1534.
Pfeifer, J., dissents.
2015-0903. State v. Yapp.
Cuyahoga App. Nos. 101247 and 101248, 2015-
Ohio-1654. O’Connor, C.J., and O’Donnell and
Kennedy, JJ., dissent.
2015-0909. Spero v. Avny.
Summit App. No. 27569.
2015-0916. Castillo v. Ott.
Lucas App. No. L-14-1248, 2015-Ohio-905.
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.
2015-0918. Guardo v. Univ. Hosps. Geauga Med.
Ctr.
Geauga App. No. 2014-G-3178, 2015-Ohio-1492.
Pfeifer, J., dissents.
2015-0922. State v. Brannon.
Clinton App. No. CA2014-09-012, 2015-Ohio-
1488. Pfeifer and O’Donnell, JJ., dissent.
2015-0924. State v. Morgan.
Franklin App. No. 13AP-620.
O’Connor, C.J., dissents and would accept the
cause on Proposition of Law Nos. I and II.
French and O’Neill, JJ., dissent.
2015-0929. In re T.E.
Franklin App. Nos. 14AP-897 and 14AP-898.
French, J., dissents.
2015-0941. State v. Moon.
Cuyahoga App. No. 101972, 2015-Ohio-1550.
2015-0942. Wemer v. Walker.
Knox App. No. 14CA20, 2015-Ohio-1713.
2015-0944. In re M.P.
Hamilton App. No. C-140373, 2015-Ohio-1533.
O’Neill, J., dissents.
2015-0945. State v. Loughman.
Richland App. No. 14CA70, 2015-Ohio-1574.
O’Neill, J., dissents.
2015-0946. Huntington Natl. Bank v. Miller.
Franklin App. No. 14AP-716, 2015-Ohio-1558.
2015-0948. Marcum v. Miami Valley Hosp.
Montgomery App. No. 26318, 2015-Ohio-1582.
Pfeifer and O’Neill, JJ., dissent.
2015-0949. Montgomery Cty. v. Deters.
Hamilton App. No. C-140266, 2015-Ohio-1507.
2015-0950. Shelton v. Twin Twp.
Preble App. No. CA2014-07-004, 2015-Ohio-
1602.
2015-0951. State v. Czech.
Cuyahoga App. No. 100900, 2015-Ohio-1536.
2015-0960. State v. Slabaugh.
Trumbull App. No. 2014-T-0043, 2015-Ohio-1607.
French, J., dissents and would remand the case
to the court of appeals for application of State v.
South, Slip Opinion No. 2015-Ohio-3930.
2015-0965. State ex rel. Petro vs. Pure Tech Sys.,
Inc.
Cuyahoga App. No. 101447, 2015-Ohio-1638.
2015-0970. Willis v. Gall.
Highland App. No. 14CA9, 2015-Ohio-1696.
Kennedy, J., dissents.
2015-0971. State v. Schnitker.
Sandusky App. No. S-14-039, 2015-Ohio-1685.
2015-0978. State v. Thornton.
Clermont App. No. CA2014-10-073. Pfeifer and
O’Neill, JJ., dissent.
2015-0984. Nationstar Mtge., L.L.C. v. Miller.
Ottawa App. No. OT-14-007, 2015-Ohio-1682.
O’Donnell, J., dissents.
2015-0992. Partin v. Norwood.
Hamilton App. No. C-140461, 2015-Ohio-1616.
2015-1014. Ohio Dept. of Natural Resources v.
Knapke.
Mercer App. No. 10-14-03, 2015-Ohio-1691.
O’Neill, J., dissent.
2015-1015. Fisher v. Amberly.
Hamilton App. No. C-140081, 2015-Ohio-2384.
O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2015-1025. State v. Rucci.
Mahoning App. No. 14 MA 47, 2015-Ohio-2097.
Pfeifer, J., dissents.
2015-1026. Lyons v. Kindell.
Hamilton App. No. C-140160, 2015-Ohio-1709.
2015-1041. State v. Perez.
Montgomery App. No. 26518, 2015-Ohio-1753.
2015-1053. Henderson v. Henderson.
Allen App. No. 1-14-09, 2015-Ohio-1759.
O’Donnell, J., dissents.
2015-1069. Archacki v. Dir., Ohio Dept. of Job &
Family Servs.
Cuyahoga App. No. 102258, 2015-Ohio-1849.
2015-1104. State v. Amin.
Ashland App. No. 14 COA 17, 2015-Ohio-1902.
O’Donnell, J., dissents.
2015-1116. Thompson v. Neil.
Hamilton App. No. C1400476.
2015-1178. State v. Young.
Franklin App. No. 14AP-721, 2015-Ohio-2006.
O’Neill, J., dissents.
2015-1323. State v. Fears.
Hamilton App. No. C-140680.
2015-1408. Dilley v. Dilley.
Geauga App. No. 2014-G-3227, 2015-Ohio-1872.
2015-1414. State v. Keith.
Cuyahoga App. Nos. 102106, 102107, and
102108, 2015-Ohio-2401. Motions to consolidate
and challenging subject-matter jurisdiction are
denied as moot.
2015-1425. Leal v. Toledo Police Operations.
Lucas App. No. L-15-1079.
2015-1442. State v. Stenson.
Butler App. No. CA2014-07-155, 2015-Ohio-3101.
2015-1452. State v. George.
Fairfield App. No. 14 CA 45, 2015-Ohio-3065.
2015-1454. State v. Smith.
Cuyahoga App. No. 103075.
2015-1459. Harper v. Tuscarawas Cty. Job &
Family Servs.
Tuscarawas App. No. 2015 AP 03 0011, 2015-
Ohio-3098.
2015-1460. State v. Leggett.
Williams App. No. WM-14-004, 2015-Ohio-3296.
2015-1476. State v. Mitchell.
Hamilton App. No. C-150289.
2015-1480. State v. Bailey.
Hamilton App. No. C-140129, 2015-Ohio-2997.
2015-1484. Johnson v. Greene Cty. Sanit. Eng.
Greene App. No. 2014 CA 47, 2015-Ohio-2967.
2015-1496. State v. West.
Cuyahoga App. Nos. 102587 and 102613, 2015-
Ohio-3354.
2015-1502. Smith v. Erie Ins. Co.
Ottawa App. No. OT-15-005, 2015-Ohio-3078.
Lanzinger, Kennedy, and O’Neill, JJ., dissent.
2015-1514. State v. Henry.
Crawford App. No. 3-15-01, 2015-Ohio-3720.
2015-1520. State v. Starkey.
Licking App. No. 14-CA-92, 2015-Ohio-3115.
2015-1522. State v. Patterson.
Cuyahoga App. No. 101415, 2015-Ohio-3338.
2015-1527. State v. Blevins.
Hamilton App. No. C-140541.
2015-1529. State v. Swinson.
Clermont App. Nos. CA2015-06-051 and CA2015-
06-053.
2015-1543. State v. Dunn.
Cuyahoga App. No. 101648, 2015-Ohio-3138.
2015-1551. State v. Hysell.
Franklin App. No. 15AP-590.
2015-1558. State v. Deibel.
Allen App. No. 1-10-70.
2015-1560. State v. Brown.
Hamilton App. No. C-140645.
2015-1563. State v. Davis.
Hamilton App. No. C-140739.
2015-1572. State v. Watkins.
Franklin App. No. 15AP-703.
2015-1582. State v. Johnson.
Stark App. No. 2015CA00003, 2015-Ohio-3331.
2015-1584. State v. Gay.
Summit App. No. 26487.
2015-1587. State v. Woods.
Hamilton App. No. C-140606.
2015-1601. State v. Dean.
Franklin App. Nos. 14AP-173 and 14AP-177,
2015-Ohio-4361.
2015-1604. State v. Kline.
Montgomery App. No. 26544, 2015-Ohio-2429.
2015-1619. State v. Pluhar.
Cuyahoga App. No. 102012, 2015-Ohio-3344.
2015-1620. State v. Robinson.
Franklin App. No. 13AP-563, 2015-Ohio-3486.
2015-1629. State v. Brown.
Montgomery App. No. 26219.
2015-1642. State v. Tate.
Richland App. No. 15-CA-40, 2015-Ohio-3859.
2015-1666. State v. White.
Montgomery App. No. 26093, 2015-Ohio-3512.
2015-1676. State v. Muzic.
Summit App. No. 27117. French, J., dissents.
RECONSIDERATION OF PRIOR DECISIONS
2013-1651. State v. Conway.
Franklin App. No. 12AP-412, 2013-Ohio-3741.
Reported at 143 Ohio St.3d 1464, 2015-Ohio-
3733, 37 N.E.3d 1249. On motion for
reconsideration. Motion denied.
French, J., not participating.
2013-1770. Northeast Ohio Regional Sewer Dist.
v. Bath Twp.
Cuyahoga App. Nos. 98728 and 98729, 2013-
Ohio-4186. Reported at __ Ohio St.3d __, 2015-
Ohio-3705, __ N.E.3d __. On joint motion for
reconsideration and/or motion to remand of city of
Brecksville, city of Strongsville, city of
Independence, city of Lyndhurst, and city of
Beachwood, and motion for reconsideration of
Ohio Council of Retail Merchants. Motions denied.
O’Donnell, Kennedy, and French, JJ., dissent.
2015-0525. State v. Eisermann.
Cuyahoga App. No. 100967, 2015-Ohio-591.
Reported at 143 Ohio St.3d 1478, 2015-Ohio-
3958, 38 N.E.3d 900. On motion for
reconsideration. Motion denied.
2015-0536. State v. Wainwright.
Cuyahoga App. No. 101210, 2015-Ohio-677.
Reported at 143 Ohio St.3d 1479, 2015-Ohio-
3958, 38 N.E.3d 900. On motion for
reconsideration. Motion denied.
2015-0544. Bank of Am., N.A. v. Duran.
Lucas App. No. L-14-1031, 2015-Ohio-630.
Reported at 143 Ohio St.3d 1479, 2015-Ohio-
3958, 38 N.E.3d 900. On motion for
reconsideration and motion to strike. Motions
denied.
2015-0988. State v. Ragle.
Summit App. No. 27538, 2015-Ohio-1523.
Reported at 143 Ohio St.3d 1466, 2015Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
2015-0993. Bank of Am. v. Valentine.
Delaware App. No. 14 CAE 07 0042, 2015-Ohio-
1107. Reported at 143 Ohio St.3d 1466, 2015-
Ohio-3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
2015-1028. State ex rel. Harris v. Richard.
Madison App. No. CA2015-03-012. Reported at
143 Ohio St.3d 1433, 2015-Ohio3256, 36 N.E.3d
182. On motion for reconsideration. Motion
denied.
O’Donnell and French, JJ., dissent.
2015-1040. Lavery v. Akron Hous. Appeals Bd.,
Dept. of Pub. Serv.
Summit App. No. 27383, 2015-Ohio-1277.
Reported at 143 Ohio St.3d 1466, 2015Ohio-
3733, 37 N.E.3d 1251. On motion for
reconsideration. Motion denied.
2015-1128. State v. Victor.
Geauga App. Nos. 2014-G-3220 and 2014-G-
3241. Reported at 143 Ohio St.3d 1481, 2015-
Ohio-3958, 38 N.E.3d 901. On motion for
reconsideration. Motion denied.
O’Donnell, J., dissents.
Western Reserve (2-2) beat Leetonia 53 - 29.
November 30, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
ELISHA R. STEVENS, 22, 939 Clinton Ave. SW,
Canton – Operating a Vehicle Under the Influence
of Alcohol, a Drug of Abuse, or a Combination of
Them
LARRY R. RIEHL, 27, 1216 Maple Ave. NE,
Canton – Improperly Handling Firearms in a Motor
Vehicle; Assault; Discharge of a Firearm on or
Near Prohibited Premises
JOSHUA LEE WHITMER, 25, 1632 16th St. NE,
Canton - Assault; Discharge of a Firearm on or
Near Prohibited Premises
LISA ANN TERRILL, 48, 1822 2nd St. NE, Canton
– Receiving Stolen Property
MYCHEL ALLEN, 23, 4203 Orchard Dale, Canton
– Vehicular Assault 2 Cts.; Failure to Stop After an
Accident
CONCEPCION DIAZ, 30, 130 W. Vine St.,
Alliance – Possession of Marijuana; Illegal
Cultivation of Marijuana; Trafficking in Marijuana
JOSEPH MICHAEL GREE, 22, 8324 Knox School
Rd., Minerva – Possession of Heroin
JOSEPH MICHAEL BODA, 31, 1006 Grant St.,
Akron – Theft
MATTHEW PAUL SLATZER, 31, 1255 Clarendon
Ave. SW, Canton – Menacing
ANTHONY JAMES BUTCHELLO, 27, 1113 15th
St. NW, Canton – Aggravated Possession of
Drugs; Possession of Heroin; Trafficking in Drugs
2 Cts.
TYSHAUN MILLER, 37, 3121 Hursh Pl. NW,
Canton – Aggravated Possession of Drugs;
Possession of Heroin
MITCHELL FRANCIS DAVIS, 62, 22763 Alliance-
Sebring Rd., Alliance – Assault
BRYAN L. NICHOLSON, 38, 823 E. Grant St.,
Alliance – Burglary
JOSEPH M. BERRY, 25, 1531 Harmony Ct.,
Canton – Grand Theft; Aggravated Menacing
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
HARRIEL D. MOORE, 28, 608 15th St. NE,
Canton – Burglary; Obstructing Official Business
KYLE FAULKNER, 29, 5714 Crestlawn Dr., E.
Canton – Assault
SARAH N. JACKSON, 24, 130 W. Vine St.,
Alliance – Complicity Trafficking in Marijuana;
Complicity Possession of Marijuana
CHARLES T. LEE, 50, 3221 Allenford Dr. SE,
Canton – Disrupting Public Service; Domestic
Violence
CASE ANNOUNCEMENTS
November 24, 2015
[Cite as 11/24/2015 Case Announcements #2,
2015-Ohio-4840.]
MOTION AND PROCEDURAL RULINGS
2015-1897. State v. Morefield.
Clark App. No. 2015-CA-4, 2015-Ohio-4713. This
cause is pending before the court as a
jurisdictional appeal.
It is ordered by the court that appellee shall file a
response, if any, to appellant’s motion for stay of
execution of appellate court judgment no later
than
5:00 p.m. on Wednesday, November 25, 2015.
CASE ANNOUNCEMENTS
November 25, 2015
[Cite as 11/25/2015 Case Announcements, 2015-
Ohio-4862.]
MERIT DECISIONS WITH OPINIONS
2014-0721. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision, Slip Opinion No.
2015-Ohio-4837.
Board of Tax Appeals, Nos. 2013-4176, 2013-
4177, and 2013-4178. Decision affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-0744. Steak ‘n Shake, Inc. v. Warren Cty.
Bd. of Revision, Slip Opinion No. 2015-Ohio-
4836.
Board of Tax Appeals, No. 2010-3527. Decision
reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1659. State ex rel. M.L. v. O’Malley, Slip
Opinion No. 2015-Ohio-4855.
Cuyahoga App. No. 101191, 2014-Ohio-3927.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
DISCIPLINARY CASES
2014-1997. Disciplinary Counsel v. Klima.
It is ordered by this court, sua sponte, that
Gregory Keith Klima, Attorney Registration No.
0036968, last known address in Ashland,
Kentucky, is found in contempt for failure to
comply with this court’s order of August 17, 2015,
to wit: failure to file an affidavit of compliance on
or before September 16, 2015.
2014-2148. Disciplinary Counsel v. Coleman.
It is ordered by this court, sua sponte, that Marcus
Edward Coleman, Attorney Registration No.
0083164, last known business address in
Cincinnati, Ohio, is found in contempt for failure to
comply with this court’s order of June 25, 2015, to
wit: failure to file an affidavit of compliance on or
before July 27, 2015.
2015-0609. In re Bakst.
It is ordered by this court, sua sponte, that Gary
Nieland Bakst, Attorney Registration No. 0011142,
last known business address in Cleveland
Heights, Ohio, is found in contempt for failure to
comply with this court’s order of April 21, 2015, to
wit: failure to file an affidavit of compliance on or
before May 21, 2015.
2015-0684. In re Resignation of Purcell.
It is ordered by this court, sua sponte, that Kevin
Purcell, Attorney Registration No. 0028375, last
known business address in Rocky River, Ohio, is
found in contempt for failure to comply with this
court's order of May 28, 2015, to wit: to failure to
surrender his attorney registration card and his
certificate of admission and failure to file an
affidavit of compliance on or before June 29,
2015.
2015-0785. In re McGrath.
It is ordered by this court, sua sponte, that Dennis
Michael McGrath, Attorney Registration No.
0021612, last known business address in
Hamburg, New York, is found in contempt for
failure to comply with this court’s order of May 22,
2015, to wit: failure to file an affidavit of
compliance on or before June 22, 2015.
2015-1315. Disciplinary Counsel v. Eichenberger.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct. On November 9, 2015, respondent,
Raymond Leland Eichenberger, filed a motion for
leave to file reply brief. The motion was not
opposed.
Upon consideration thereof, it is ordered by the
court that respondent’s motion for leave is denied.
2 11-25-15
CASE ANNOUNCEMENTS
November 25, 2015
[Cite as 11/25/2015 Case Announcements #2,
2015-Ohio-4865.]
DISCIPLINARY CASES
2015-1316. Disciplinary Counsel v. Cannata and
Phillips.
This cause is pending before the court upon the
filing of a report by the Board of Professional
Conduct. On November 24, 2015, respondent,
Gerald Wayne Phillips, filed a motion to withdraw
objections and submit the matter on the board’s
report and recommendations. Relator, disciplinary
counsel, does not object to respondent’s motion
and filed a conditional motion to withdraw relator’s
answer to the objections.
Upon consideration thereof, it is ordered by the
court that respondent’s motion to withdraw
objections and submit the matter on the board’s
report and recommendations is granted. It is
further ordered that relator’s motion to withdraw
relator’s answer to the objections is granted. The
oral argument scheduled in this matter for
December 2, 2015, is cancelled.
CASE ANNOUNCEMENTS
November 23, 2015
[Cite as 11/23/2015 Case Announcements, 2015-
Ohio-4793.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF NOVEMBER 23,
2015
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the November 23, 2015
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-0824. Watkins v. Dept. of Youth Servs., 143
Ohio St.3d 477, 2015-Ohio1776.
2013-1955. Schwartz v. Cuyahoga Cty. Bd. of
Revision, 143 Ohio St.3d 496, 2015-Ohio-3431.
2014-0449. In re J.T., 143 Ohio St.3d 516, 2015-
Ohio-3654.
2014-0663. State ex rel. Pallone v. Ohio Court of
Claims, 143 Ohio St.3d 493, 2015-Ohio-2003.
2014-0854. State ex rel. Davis v. Saffold, 143
Ohio St.3d 475, 2015-Ohio-1517.
2014-1393. Cleveland Metro. Bar Assn. v. Weber,
143 Ohio St.3d 1275, 2015Ohio-1809.
2014-1586. State ex rel. Lorain Cty. Bd. of
Commrs. v. Lorain Cty. Court of Common Pleas,
143 Ohio St.3d 522, 2015-Ohio-3704.
2015-0276. Trumbull Cty. Bar Assn. v. Bodor, 143
Ohio St.3d 505, 2015Ohio-3634.
2015-0277. Cleveland Metro. Bar Assn. v.
Haynes, 143 Ohio St.3d 528, 2015Ohio-3706.
2015-0282. Mahoning Cty. Bar Assn. v. Bauer,
143 Ohio St.3d 519, 2015Ohio-3653.
2015-0684. In re Resignation of Purcell, 143 Ohio
St.3d 1277, 2015-Ohio2031.
2015-1277. State ex rel. Morris v. Stark, 143 Ohio
St.3d 507, 2015-Ohio-3659.
14-AP-032. In re Disqualification of Callahan, 143
Ohio St.3d 1268, 2014Ohio-3175.
14-AP-097, 14-AP-101, 14-AP-102, 14-AP-103,
14-AP-104, 14-AP-115, 14-AP116, and 14-AP-
119. In re Disqualification of Martin, 143 Ohio
St.3d 1270, 2014-Ohio-2920.
2 11-23-15
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
November 23, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
GERALD L. BOSTON, 53, 3338 Varley Ave SW,
Canton B OVI (With Repeat OVI Offenders
Specification
JOEL D. BRIDGES, 38, 1641 Sandwith Ave SW,
Canton B Felonious Assault; Domestic Violence
LARRY D. STEIN, 47, 13955 Bayton St NE,
Alliance B Manufacturing of Drugs; Possession of
Chemicals for Manufacturing of Drugs
CHRISTOPHER J. TAYLOR, 30, 379 Eastland
Ave, Akron B Failure to Comply; Aggravated
Trafficking in Drugs; Trafficking in Cocaine
CONNIE J. MAYLE, 66, 3000 Sandy Ave SE,
Canton B Aggravated Menacing
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
TROY A. PIROLOZZI, 49, 1828 Wertz Ave SW,
Canton B Attempt to Commit Abduction;
Aggravated Trespassing; Aggravated Menacing;
Resisting Arrest
LAUZAHPHIATHA BROWN-FORD, 21, 536 E.
Cambridge St, Alliance B Menacing by Stalking
The Stark County Grand Jury previously reported
indictments of the following individual(s) who have
now been arraigned in Court:
CHRISTOPHER J. FISHEL, 39, 225 Fifth St. NW,
North Canton - Sexual Battery; Disseminating
Matter Harmful to Juveniles
ROBERT DELFOSSE, 30, 1082 Diehl St.,
Chillicothe – Burglary
JEFFREY B. EDWARDS, 20, 1319 Roe Ct. SE,
Canton – Kidnapping
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
November 23, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JUSTIN A. ABBOT, 33, 3206 Arbor Rd. SW;
Canton – Receiving Stolen Property,
2 Cts.
KEVIN L. KNOX, 57, 2223 Georgetown NE;
Canton – Possession of Cocaine, Operating a
Motor Vehicle while Under the Influence of
Alcohol, a Drug of Abuse or a Combination of the
Them
DANIEL A. SIMMONS, 34, No permanent address
– Possession of Cocaine
CHRISTIAN A. GARROTT, 48, 6455 Westmoore
St., NE; Louisville – Possession of Cocaine,
Operating a Motor Vehicle while Under the
Influence of Alcohol, a Drug of Abuse or a
Combination of the Them
BARBARA L. EBERY, 52, 759 S. Lincoln Ave.,
Alliance – Aggravated Possession of Drugs, 2
Cts.
RKEL D. BLACK, 18, 233 S. Arch Ave., Alliance –
Having Weapons While Under Disability, Carrying
Concealed Weapon, Possession of Heroin,
Possession of Cocaine, Aggravated Menacing
ANTHONY M. CLEMENS, 33, 3001 38th St., SW;
Canton – Breaking and Entering, 5 Cts.
ANTONIO B. FLEMMING, 33, 526 East Park
Ave., Niles – Unlawful Restraint
ANTHONY S. FLANIGAN, 25, 330 S. Silver St.,
Louisville – Robbery, 1 Ct.
KRISTY A. FLANIGAN, 29, 2022 Navarre Rd.,
SW; Canton – Robbery, Escape
STEVEN F. PETERSON, 20, 3385 Ocala Ave.,
NW; Massillon – Grand Theft, 2 Cts.
JOHN D. HAFNER, 37 – 608 Murray Ave.,
Minerva – Receiving Stolen Property
JACOB C. REIFSNYDER, 23, 825 N. Park Ave.,
Alliance – Illegal Manufacture of Drugs, Illegal
Assembly or Possession of Chemicals for the
Manufacture of Drugs
JACK L. SUMMERS, 31, 1749 Bunyan Circle NE;
Massillon – Theft, Forgery
ROBERT K. FOSTER, 47, 1330 Huron Rd., SE;
Massillon – Having Weapons While Under
Disability; Improperly Handling of a Firearm in a
Motor Vehicle, Operating a Motor Vehicle while
Under the Influence of Alcohol, a Drug of Abuse
or a Combination of the Them
RONALD L. WILLIAMS, 51, 287 Shelby St., Akron
– Receiving Stolen Property, Identity Fraud
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
ROLLINS E. J. BABB, 22, 3340 Mollane St., NW;
Massillon – Carrying Concealed Weapon
OMAR A. ALI, 42, 3001 Fairmount St., NE;
Canton – Possession of Drugs, Possession of
Drug Abuse Instruments
STEPHEN J. BYRD, 55, 1153 Arch Ct., NE;
Canton – Arson
STEPHANIE J. IGO, 27, 825 N. Park Ave.,
Alliance – Illegal Manufacture of Drugs, Illegal
Assembly or Possession of Chemicals for the
Manufacture of Drugs
CASE ANNOUNCEMENTS
November 20, 2015
[Cite as 11/20/2015 Case Announcements, 2015-
Ohio-4761.]
DISCIPLINARY CASES
2015-1863. In re Martyniuk.
On certified entry of felony conviction. Andrew
Osyp Martyniuk, Attorney Registration No.
0064997, is suspended from the practice of law
for an interim period, effective as of the date of
this entry.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
November 20, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
STEVE J. COWLES, 49, 1528 Holland Ct. SW,
Canton – Domestic Violence
RAYMOND B. JARVIS, 52, 1107 W. Wilbeth Ave.,
Akron – Receiving Stolen Property
MITCHELL RAY KILGORE, 29, 405-3rd St. NE,
Canton – Aggravated Robbery; Felonious Assault
SHAWN MICHAEL REIS, 18, 306 Park Ave. NW,
Canton – Petty Theft
LEEROY W. ROGERS, 58, 742 Sunset Pl. SE,
Massillon – Aggravated Murder 2 Cts. (with two
death penalty specifications) (with repeat violent
offender specification) (with firearm specification);
Kidnapping 2 Cts. (with repeat violent offender
specification) (with firearm specification) Having
Weapons While Under Disability 3 Cts.
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
PAUL DUANE SIMMONS, 45, 806 Plymoith Ct.
NW, Canton – Aggravated Robbery
TARA LYNN CORN, 34, 2315 Allen Ave. SE,
Canton – Receiving Stolen Property; Possessing
Drug Abuse Instruments
CASE ANNOUNCEMENTS
November 19, 2015
[Cite as 11/19/2015 Case Announcements, 2015-
Ohio-4738.]
MOTION AND PROCEDURAL RULINGS
2015-0381. Cleveland v. Jones.
Cuyahoga App. No. 100598, 2015-Ohio-4201.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of the joint motion to modify
ruling on appellant’s motion to supplement the
record and appellant’s unopposed motion to strike
and resubmit corrected merit brief, it is ordered by
the court that the joint motion to modify is granted
and the motion to strike and resubmit is denied.
The clerk of the City of Cleveland Municipal Court
shall transmit a copy of the June 17, 2013 initial
appearance video from Cleveland municipal
courtroom 3D within ten days of the date of this
entry.
DISCIPLINARY CASES
2013-0222. Disciplinary Counsel v. Gonzalez.
It is ordered by this court, sua sponte, that Vincent
Ferdinand Gonzalez, Attorney Registration No.
0008558, last known business address in
Cleveland, Ohio, is found in contempt for failure to
comply with this court’s order of March 11, 2014,
to wit: failure to surrender his attorney-registration
card and failure to file an affidavit of compliance
on or before April 10, 2014.
2014-2078. Disciplinary Counsel v. Alo.
It is ordered by this court, sua sponte, that
Mohammed Noure Alo, Attorney Registration No.
0078288, last known business address in
Columbus, Ohio, is found in contempt for failure to
comply with this court’s order of August 17, 2015,
to wit: failure to file an affidavit of compliance on
or before September 16, 2015.
2015-0605. In re Resignation of DeLoach.
It is ordered by this court, sua sponte, that Jana
Bassinger DeLoach, Attorney Registration No.
0071743, last known business address in Akron,
Ohio, is found in contempt for failure to comply
with this court’s order of May 14, 2015, to wit:
failure to failure to surrender her attorney-
registration card and her certificate of admission
and failure to file an affidavit of compliance on or
before June 15, 2015.
2015-0683. Mahoning Cty. Bar Assn. v. Fagnano.
It is ordered by this court, sua sponte, that Frank
Nicholas Fagnano, Attorney Registration No.
0081516, last known business address in
Boardman, Ohio, is found in contempt for failure
to comply with this court’s order of June 3, 2015,
to wit: failure to file an affidavit of compliance on
or before July 6, 2015.
2015-0742. Toledo Bar Assn. v. Harvey.
It is ordered by this court, sua sponte, that
Beauregard Maximillion Harvey, Attorney
Registration No. 0078717, last known business
address in Sylvania, Ohio, is found in contempt
for failure to comply with this court’s order of June
5, 2015, to wit: failure to file an affidavit of
compliance on or before July 6, 2015.
2 11-19-15
CASE ANNOUNCEMENTS
November 17, 2015
[Cite as 11/17/2015 Case Announcements, 2015-
Ohio-4730.]
MOTION AND PROCEDURAL RULINGS
2015-1478. State v. Williams.
Summit App. No. 27482, 2015-Ohio-2632. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Summit County.
Upon consideration of appellant’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and the Ohio Public
Defender’s Office is appointed to represent
appellant.
MAHONING COUNTY PROSECUTOR
ARRAIGNMENTS – TUESDAY, NOVEMBER 24,
2015-9:00 AM
JUDGE R. SCOTT KRICHBAUM
15 CR 837 LAWRENCE JOHNSON
POSSESSION OF HEROIN
FEHR
R.C.2925.11(A)(C)(6)(b) F-4
****************************************
15 CR 948 LAVONTAE E. KNIGHT
COUNT ONE
MERANTO
FAILURE TO COMPLY WITH ORDER OR
SIGNAL
OF POLICE OFFICER R.C.2921.331(A)(C)(5)(a)
(ii) F-3
COUNT TWO
POSSESSION OF HEROIN R.C.2925.11(A)(C)(6)
(b) F-4
COUNT THREE
POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
FORFEITURE SPEIFICIATIONS. R.C.2981.
COUNT FOUR
POSSESSION OF DRUGS R.C.2925.11(A)(C)(2)
(a) M-1
COUNTS FIVE AND EIGHT
OBSTRUCTING OFFICIAL BUSINESS
R.C.2921.31(A)(B) M-2
COUNT SIX
RESISTING ARREST R.C.2921.33(A)(3) M-2
COUNT SEVEN
UNAUTHORIZED USE OF VEHICLE
R.C.2913.03(A) M-2
*******************************************
15 CR 968 MARCUS WILKINS
TRAFFICKING IN COCAINE
____________
R.C.2925.03(A)(2)(C)(4)(b) F-4
FORFEITURE SPECIFICATION R.C.2981.
******************************************
15 CR 1006 DAKOTA GARDNER
COUNT ONE
HUNT
POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
FORFEITURE SPECIFICATION R.C.2981.
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
********************************************
15 CR 1016 ASHLEY M. PARRISH
COUNT ONE
R.SMITH
POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNT TWO
POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT THREE
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
COUNT FOUR
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
******************************************
15 CR 1033 JUSTIN CLARK
COUNT ONE
THEOFILOS
DOMESTIC VIOLENCE R.C.2919.25(A)(D) F-4
COUNT TWO
THEFT R.C.2913.02(A)(1)(B)(5) F-4
*******************************************
15 CR 1039 JAMES WELKER
COUNT ONE
VIVO
POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
******************************************
15 CR 1043 MICHAEL J. VRANCHES
DECEPTION TO OBTAIN DANGEROUS DRUG
___________
R.C.2925.22(A)(B)(2) F-4
*****************************************
15 CR 1046 DAVID L. ALGAIER
COUNT ONE
___________
POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
COUNT THREE
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
*****************************************
15 CR 1048 MICHAEL GHIATES
COUNT ONE
MCCOLLUM
POSSESSION OF HEROIN
R.C.2925.11(A)(C)(6)(a) F-5
COUNT TWO
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2925.12(A)(C) M-2
COUNT THREE
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
COUNT FOUR
HAVING PHYSICAL CONTROL OF VEHICLE
WHILE UNDER THE INFLUENCE
R.C.4511.194(B)(1)(D) M-1
*****************************************
15 CR 1049 RAYMOND SPIRES
HAVING WEAPONS WHILE UNDER DISABILITY
BETRAS
R.C.2923.13(A)(2)(B) F-4
*****************************************
15 CR 1052 TIMOTHY BROWN
COUNT ONE
CICCONE
POSSESSION OF COCAINE
R.C.2925.11(A)(C)(4)(a) F-5
COUNT TWO
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
*****************************************
15 CR 1056 CEAISSA MAHONE
COUNT ONE
GERCHAK/
AGGRAVATED ASSAULT
TERESHAWTY
R.C.2903.12(A)(2)(B) F-4
COUNT TWO
ENDANGERING CHILDREN
R.C.2919.22(A)(E)(1)(2)(a) M-2
****************************************
15 CR 1067 DAVID W. STINSON
COUNT ONE
HARTWIG
BURGLARY R.C.2911.12(A)(1)(D) F-2
COUNT TWO
POSSESSING DRUG ABUSE INSTRUMENT
R.C.2924.12(A)(C) M-2
COUNT THREE
CARRYING CONCEALED WEAPONS
R.C.2923.12(A)(1)(F) M-1
****************************************
DIRECT WILLIAM P. GUTWALD
COUNT ONE
PRESENT
BREAKING AND ENTERING
MENT
R.C.2911.13(A)(C) F-5
15 CR 1128
COUNT TWO
POSSESSING CRIMINAL TOOLS
R.C.2923.24(A)(C) F-5
****************************************
DIRECT HEATHER R. MITCHELL
THEFT
PRESENT
R.C.2913.02(A)(3)(B)(1)(2) F-5
MENT
15 CR 1129
*****************************************
DIRECT DENA MILANOWSKI
COUNT ONE
PRESENT
THEFT R.C.2913.02(A)(1)(B)(1)(2) F-5
MENT
COUNT TWO
15 CR 1130
FORGERY R.C.2913.31(A)(1)(C)(a)(b) F-5
****************************************
DIRECT LANCE HUNDLEY
COUNT ONE
PRESENT
AGGRAVATED MURDER
MENT
R.C.2903.01(A)(F) Felony/Life/Death
15 CR 1132
DEATH PENALTY SPECIFICATION
R.C.2929.04(A)(5) &2941.14
COUNT TWO
ATTEMPTED MURDER
R.C.2903.02(A)(D)&2923.02(A) F-1
COUNT THREE
FELONIOUS ASSAULT R.C.2903.11(A)(1)(D) F-2
COUNT FOUR
AGGRAVATED ARSON R.C.2909.02(A)(1)(B)(1)
(2) F-1
COUNT FIVE
AGGRAVATED ARSON R.C.2909.02(A)(2)(B)(1)
(3) F-2
****************************************
DIRECT FRANKIE HUDSON, JR.
COUNT ONE
PRESENT
AGGRAVATED MURDER
MENT
R.C.2903.01(B)(F) Felony/Life
15 CR 1133
COUNT TWO
AGGRAVATED ROBBERY
R.C.2911.01(A)(1)(C) F-1
FIREARM SPECIFICATIONS R.C.2941.145(A)
COUNT THREE
HAVING WEAPONS WHILE UNDER DISABILITY
R.C.2923.13(A)(2)(B) F-2
****************************************
DIRECT CHRISTOPHER E. MARTIN
COUNT ONE
PRESENT
ATTEMPTED TRAFFICKING IN COCAINE
MENT
R.C.2923.02&2925.02(A)(2)(C)(4)(a) F-5
15 CR 1134
COUNT TWO
TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
****************************************
CASE ANNOUNCEMENTS
November 12, 2015
[Cite as 11/12/15 Case Announcements, 2015-
Ohio-4665.]
MERIT DECISIONS WITH OPINIONS
2014-0363. State v. Blankenship, Slip Opinion No.
2015-Ohio-4624.
Clark App. No. 2012-CA-74, 2014-Ohio-232.
Judgment affirmed. O’Connor, C.J., and
Lanzinger and French, JJ., concur. O’Donnell and
Kennedy, JJ., concur in judgment only. Pfeifer and
O’Neill, JJ., dissent.
AFFIDAVITS OF DISQUALIFICATION
The chief justice has released the following
judicial-disqualification opinion, which was
previously issued as an entry in response to an
affidavit of disqualification filed pursuant to R.C.
2701.03.
15-AP-060. In re Disqualification of Eyster, 2015-
Ohio-4647 (decided July 13, 2015).
DISCIPLINARY CASES
2013-1981. Disciplinary Counsel v. Owen.
This cause came on for further consideration
upon the filing of an application for reinstatement
by respondent, James David Owen, Attorney
Registration No. 0003525, last known address in
Columbus, Ohio.
The court coming now to consider its order of
October 22, 2014, wherein the court, pursuant to
former Gov.Bar R. V(6)(B)(3), suspended
respondent for a period of two years with the
second year stayed on conditions, finds that
respondent has substantially complied with that
order and with the provisions of Gov.Bar R. V(24).
Therefore, it is ordered by this court that
respondent is reinstated to the practice of law in
the state of Ohio.
It is further ordered that the clerk of this court
issue certified copies of this order as provided for
in Gov.Bar R. V(17)(D)(1) and that publication be
made as provided for in Gov.Bar R. V(17)(D)(2).
MEDIATION MATTERS
2015-0839. State ex rel. Cuyahoga Lakefront
Land, L.L.C. v. Cleveland.
Cuyahoga App. No. 101438, 2015-Ohio-1637.
The court hereby returns this case to the regular
docket pursuant to S.Ct.Prac.R. 19.01 (E).
The appellant shall file a brief within 40 days of
the date of this entry, and the parties shall
otherwise proceed in accordance with
S.Ct.Prac.R. 16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may dismiss this
case or take other action if the parties fail to timely
file merit briefs.
2 11-12-15
CASE ANNOUNCEMENTS
November 10, 2015
[Cite as 11/10/2015 Case Announcements #2,
2015-Ohio-4666.]
MISCELLANEOUS DISMISSALS
2015-0465. Liebe v. Indus. Comm.
Cuyahoga App. No. 100649, 2014-Ohio-4082.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
CASE ANNOUNCEMENTS
November 10, 2015
[Cite as 11/10/2015 Case Announcements, 2015-
Ohio-4633.]
MERIT DECISIONS WITH OPINIONS
2013-1253. Mahoning Cty. Bar Assn. v. Marrelli,
Slip Opinion No. 2015-Ohio4614.
On Certified Report by the Board of Professional
Conduct, No. 2013-035. Deneen Marie Marrelli,
Attorney Registration No. 0043728, is hereby
indefinitely suspended from the practice of law in
Ohio, with credit for time served under her interim
default suspension.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2014-1278 and 2014-1454. State v. Earley, Slip
Opinion No. 2015-Ohio-4615.
Cuyahoga App. No. 100482, 2014-Ohio-2643.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, Lanzinger, and
O’Neill, JJ., concur.
O’Donnell, Kennedy, and French, JJ., concur
separately.
2015-0593. Columbus Bar Assn. v. Watson, Slip
Opinion No. 2015-Ohio-4613.
On Certified Report by the Board of Professional
Conduct, No. 2014-063. David Charles Watson,
Attorney Registration No. 0025989, is hereby
indefinitely suspended from the practice of law in
Ohio.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2015-1019. State ex rel. Beck Energy Corp. v.
Munroe.
On amended answer of respondents. On
S.Ct.Prac.R. 12.04 determination, cause
dismissed. Motion for oral argument pursuant to
S.Ct.Prac.R. 17.02 denied as moot.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1367. Fields v. Neal.
In Habeas Corpus. On petition for writ of habeas
corpus of William Fields. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1409. Turner v. Coulson.
In Habeas Corpus. On petition for writ of habeas
corpus of John L. Turner Jr. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1439. State ex rel. Peterson v. McClelland.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1443. Turner v. Coulson.
In Habeas Corpus. On petition for writ of habeas
corpus of John L. Turner Jr. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1449. State ex rel. Christner v. Farmer.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
2015-1531. Houston v. Crutchfield.
In Habeas Corpus. On petition for writ of habeas
corpus of Raj Houston. Sua sponte, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
1993-1245. State v. Loza.
Butler App. No. CA91110198. On motion to set
execution date. Motion denied. O’Connor, C.J.,
and O’Donnell and Kennedy, JJ., dissent.
2013-0696. Smith v. Buchanan.
Noble App. No. 13-NO-399, 2013-Ohio-1746. On
motion for ruling on motion for reconsideration.
Motion denied.
2015-0590. Barton v. Barton.
Greene App. Nos. 2014-CA-21 and 14-CA-46.
On motion for relief of judgment.
Motion denied.
2015-0914. In re Application of N. Coast Transm.,
L.L.C.
Power Siting Board, No. 14-1754-GA-BLN. On
amended motion to dismiss of Ohio Power Siting
Board. Motion granted. On motion to dismiss of
North Coast Gas Transmission. Motion granted.
2015-1478. State v. Williams.
Summit App. No. 27482, 2015-Ohio-2632. On
review of order certifying a conflict. The court
determines that a conflict exists. The parties are
to brief the issue stated in the court of appeals’
entry dated August 24, 2015:
“Where a trial court sentences a defendant on
counts that it had previously determined were
subject to merger, is the sentence void or do
principles of res judicata apply to preclude a
defendant from challenging the sentence after
direct appeal?”
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
The conflict case is State v. Holmes, 8th Dist.
Cuyahoga No. 100388, 2014Ohio-3816.
2015-1513. State v. Burse.
Hamilton App. No. C-140356. On motion for
leave to file delayed appeal. Motion denied.
2015-1524. State v. Jackson.
Richland App. No. 14CA94, 2015-Ohio-2941. On
motion for leave to file delayed appeal. Motion
denied.
O’Donnell and Kennedy, JJ., dissent.
2015-1534. State v. Calvin.
Cuyahoga App. No. 100296, 2015-Ohio-2759.
On motion for leave to file delayed appeal.
Motion granted.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
2015-1561. Campbell v. Schlegel.
Defiance App. No. 04-14-19. On review of order
certifying a conflict. It is determined that no
conflict exists within the meaning of S.Ct.Prac.R.
8.02. Cause dismissed.
O’Neill, J., not participating.
2015-1562. State v. Bryant.
Franklin App. No. 14AP-333, 2014-Ohio-5306.
On motion for leave to file delayed appeal.
Motion denied.
2015-1583. State v. Toyer.
Lucas App. No. L-12-1299, 2014-Ohio-4338. On
motion for leave to file delayed appeal. Motion
denied.
2015-1596. State v. McGowan.
Summit App. No. 27092. On review of order
certifying a conflict. The court determines that a
conflict exists. Sua sponte, cause held for
decision in 2014-1825 and 2014-2122, State v.
Marcum, 4th Dist. Gallia No. 13CA11, 2014-Ohio-
4048, and briefing schedule stayed.
2015-1612. State v. Jones.
Cuyahoga App. No. 101258. On review of order
certifying a conflict. It is determined that no
conflict exists within the meaning of S.Ct.Prac.R.
8.02. Cause dismissed.
Pfeifer, Lanzinger, and Kennedy, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2015-0750. Belmont Hills Country Club v. Beck
Energy Corp.
Belmont App. No. 13 BE 18, 2015-1322.
Discretionary appeal accepted on Proposition of
Law Nos. I and II and cause held for decision in
2014-1933, Hupp v. Beck Energy Corp., and
briefing schedule stayed.
Pfeifer, J., dissents.
O’Neill, J., would also accept Proposition of Law
No. III.
2015-0751. Bentley v. Beck Energy Corp.
Belmont App. Nos. 13 BE 33 and 13 BE 34, 2015-
Ohio-1375. Discretionary appeal accepted on
Proposition of Law Nos. I and II and cause held
for decision in 20141933, Hupp v. Beck Energy
Corp., and briefing schedule stayed.
Pfeifer and O’Neill, JJ., would also accept
Proposition of Law No. III.
2015-1427. State v. Jones.
Cuyahoga App. No. 101258, 2015-Ohio-2853.
O’Neill, J., dissents.
APPEALS NOT ACCEPTED FOR REVIEW
2015-0744. Copley Twp. v. Fairlawn.
Summit App. Nos. 27010, 27012, and 27040,
2015-Ohio-1121. Pfeifer, O’Donnell, and Kennedy,
JJ., dissent.
2015-0763. State v. Murphy.
Cuyahoga App. No. 102860.
2015-0764. U.S. Bank, N.A. v. Mathys.
Hardin App. No. 6-14-08.
2015-0765. Kreinest v. Maineville Planning
Comm.
Warren App. No. CA2014-06-087, 2015-Ohio-
1178.
O’Donnell, J., dissents and would accept the
cause on Proposition of Law No. I only.
2015-0766. Provoast v. Marion Cty. Job & Family
Servs.
Marion App. No. 9-14-37.
2015-0768. Samsa v. Hess.
Tuscarawas App. No. 2014 AP 0008, 2015-Ohio-
429. O’Neill, J., dissents.
2015-0772. DeMars v. DeMars.
Sandusky App. No. S-14-031, 2015-Ohio-1266.
O’Donnell, J., dissents.
2015-0774. State v. Mohammad.
Franklin App. No. 14AP-662, 2015-Ohio-1234.
French, J., dissents.
2015-0776. State v. Luciano.
Wood App. No. WD-14-023, 2015-Ohio-1264.
2015-0777. State v. Mills.
Medina App. No. 14CA0046-M, 2015-Ohio-1253.
2015-0778. State v. Moore.
Montgomery App. No. 25990, 2015-Ohio-1327.
O’Donnell, French, and O’Neill, JJ., dissent.
2015-0784. State v. Adams.
Clark App. No. 2014-CA-13, 2015-Ohio-1160.
O’Connor, C.J., dissents and would hold the
cause for the decision in 20141825 and 2014-
2122, State v. Marcum.
O’Donnell and French, JJ., dissent.
2015-0786. Dickerson v. Greater Cleveland
Regional Transit Auth.
Cuyahoga App. No. 101597, 2015-Ohio-1299.
O’Donnell, J., dissents.
2015-0787. In re A.A.W.
Cuyahoga App. No. 101580, 2015-Ohio-1297.
O’Connor, C.J., and Kennedy and O’Neill, JJ.,
dissent.
2015-0788. State v. Dukes.
Cuyahoga App. No. 101124, 2015-Ohio-676.
O’Connor, C.J., and Pfeifer and Lanzinger, JJ.,
dissent and would hold the cause for the decision
in 2014-1295, State v. Baker.
2015-0790. In re H.P.
Cuyahoga App. No. 101781, 2015-Ohio-1309.
2015-0797. State v. Williams.
Fairfield App. No. 14-CA-44, 2015-Ohio-1675.
2015-0806. Templeman v. Kindred Healthcare,
Inc.
Cuyahoga App. No. 102836.
2015-0807. Downing v. Downing.
Erie App. No. E-13-044, 2015-Ohio-459. Pfeifer,
J., dissents.
2015-0808. Dispatch Printing Co. v. Recovery
Ltd. Partnership.
Franklin App. Nos. 14AP-640, 14AP-641, and
14AP-642, 2015-Ohio-1368. O’Donnell and
O’Neill, JJ., dissent.
2015-0810. Nash v. Cleveland Clinic Found.
Cuyahoga App. No. 101389, 2015-Ohio-1376.
2015-0811. Rebello v. Lender Processing Servs.,
Inc.
Cuyahoga App. No. 101764, 2015-Ohio-1380.
French, J., dissents.
2015-0813. Urbanic v. Urbanic.
Montgomery App. No. 26309, 2015-Ohio-1402.
2015-0814. State v. Graham.
Cuyahoga App. No. 102670.
2015-0816. State v. Feely.
Licking App. No. 15CA0017.
2015-0822. State v. Striks.
Montgomery App. No. 26387, 2015-Ohio-1401.
O’Neill, J., dissents.
2015-0823. S. Euclid v. Fayne.
Cuyahoga App. No. 101610, 2015-Ohio-1378.
2015-0828. Sheet Metal Workers Internatl. Assn.
Local Union No. 33 v. Courtad, Inc.
Stark App. No. 2014CA00143, 2015-Ohio-1439.
2015-0829. State v. Meeks.
Stark App. No. 2014CA00017, 2015-Ohio-1527.
O’Neill, J., dissents.
2015-0904. State v. Love.
Cuyahoga App. No. 102058, 2015-Ohio-1461.
Lanzinger, J., dissents.
2015-0906. In re Estate of Britt.
Columbiana App. No. 14 CO 20, 2015-Ohio-1605.
2015-0923. Price v. KNL Custom Homes, Inc.
Summit App. No. 26968, 2015-Ohio-436.
Lanzinger, J., dissents and would accept the
cause on Proposition of Law No. I only.
O’Neill, J., dissents.
2015-0930. Tilton v. Dept. of Job & Family Servs.
Ashland App. No. 14-COA-033, 2015-Ohio-1658.
2015-0933. State v. Smith.
Summit App. No. 26804, 2015-Ohio-579. O’Neill,
J., dissents.
2015-0935. State v. Rafferty.
Summit App. No. 26724, 2015-Ohio-1629. French
and O’Neill, JJ., dissent.
2015-0938. Clayton v. Cleveland Clinic Found.
Cuyahoga App. No. 101854, 2015-Ohio-1547.
2015-0961. State v. Pellikan.
Stark App. No. 2014CA00056, 2015-Ohio-1656.
2015-0977. Rural Bldg. of Cincinnati, L.L.C. v.
Evendale.
Hamilton App. No. C-140404, 2015-Ohio-1614.
2015-0980. State v. Cannon.
Cuyahoga App. No. 101733.
2015-1017. State v. Christian.
Summit App. No. 27205, 2015-Ohio-1720.
2015-1027. State v. Jirousek.
Geauga App. No. 2014-G-3192, 2015-Ohio-949.
2015-1038. State v. Ashby.
Mahoning App. No. 2014 MA 80.
2015-1266. State v. Knuckles.
Summit App. No. 27571, 2015-Ohio-2840.
2015-1291. State v. Gross.
Muskingum App. No. CT 2015-0022.
2015-1292. Bank of Am., N.A. v. Kenney.
Hamilton App. No. C-140484, 2015-Ohio-2485.
2015-1299. State v. Harris.
Hamilton App. No. C-140615.
2015-1304. Schwartz v. Fleisher.
Hamilton App. No. C-140526.
2015-1313. Banks v. Indep. Home Care, Inc.
Franklin App. No. 15AP-572.
2015-1326. Conneaut v. Buck.
Ashtabula App. No. 2014-A-0053, 2015-Ohio-
2593.
2015-1351. State v. Wills.
Allen App. No. 1-15-13.
2015-1355. State v. Bullitt.
Cuyahoga App. No. 100885, 2015-Ohio-3136.
2015-1361. State v. Edwards.
Ross App. No. 14CA3474, 2015-Ohio-3039.
2015-1369. State v. Taylor.
Lucas App. No. L-14-1188, 2015-Ohio-2946.
2015-1387. State v. Harwell.
Montgomery App. No. 25852, 2015-Ohio-2966.
Motion to strike denied as moot.
2015-1392. State v. Carrington.
Cuyahoga App. No. 100918, 2015-Ohio-2948.
2015-1400. State v. Gavin.
Scioto App. No. 13CA3592, 2015-Ohio-2996.
2015-1407. State v. Hopson.
Stark App. No. 2014CA00163, 2015-Ohio-2848.
2015-1415. State v. Young.
Cuyahoga App. No. 102202, 2015-Ohio-2862.
2015-1416. State v. Williamson.
Cuyahoga App. No. 102320, 2015-Ohio-4482.
2015-1421. Campbell v. Schlegel.
Defiance App. No. 04-14-019, 2015-Ohio-2808.
O’Neill, J., not participating.
2015-1437. State v. Dodson.
Cuyahoga App. No. 102522.
2015-1444. State v. Spann.
Cuyahoga App. No. 103249.
2015-1450. Mays v. Toledo Hosp.
Lucas App. No. L-14-1230, 2015-Ohio-1865.
2015-1451. State v. Singfield.
Summit App. No. 27680, 2015-Ohio-2841.
2015-1466. State v. Castle.
Mahoning App. No. 15 MA 119.
2015-1498. State v. Robinson.
Summit App. No. 27663, 2015-Ohio-3329.
2015-1500. State v. Unsworth.
Lucas App. No. L-14-1238, 2015-Ohio-3197.
Lanzinger, J., not participating.
2015-1506. State v. Phelps.
Franklin App. No. 14AP-4.
2015-1512. State v. Dowell.
Cuyahoga App. No. 102408, 2015-Ohio-3237.
French, J., dissents.
2015-1518. State v. Williams.
Summit App. No. 27482, 2015-Ohio-2632.
Kennedy and O’Neill, JJ., dissent.
2015-1521. State v. Hill.
Stark App. No. 2015 CA 00041, 2015-Ohio-3311.
2015-1535. In re L.J.
Hamilton App. No. C-150314. O’Neill, J., dissents.
2015-1537. State v. Hilliard.
Cuyahoga App. No. 102214, 2015-Ohio-3142.
2015-1545. State v. Kronenberg.
Cuyahoga App. No. 101403, 2015-Ohio-3224.
2015-1552. State v. Ruffin.
Stark App. No. 2014CA00137, 2015-Ohio-3496.
RECONSIDERATION OF PRIOR DECISIONS
2015-0409. State v. O’Neill.
Allen App. No. 1-14-21, 2015-Ohio-815. Reported
at 143 Ohio St.3d 1464, 2015Ohio-3733, 37
N.E.3d 1249. On motion for reconsideration.
Motion denied.
O’Neill, J., dissents.
2015-0547. State v. Richards.
Athens App. No. 14CA1, 2015-Ohio-669.
Reported at 143 Ohio St.3d 1465, 2015Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
O’Donnell, J., dissents.
2015-0564. State v. Shafei.
Butler App. Nos. CA2013-11-196, CA2014-03-
072, and CA2014-05-102, 2015Ohio-645.
Reported at 143 Ohio St.3d 1465, 2015-Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
French, J., dissents.
2015-0953. Coles v. I-Force & Mancor Industries.
Montgomery App. No. 26385, 2015-Ohio-1040.
Reported at 143 Ohio St.3d 1466, 2015-Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
2015-0957. Affordable Hous., L.L.C. v. Cuyahoga
Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-3006 and 2014-
3007. Reported at 143 Ohio St.3d 1453, 2015-
Ohio-3538, 37 N.E.3d 168. On motion for
reconsideration. Motion denied.
2015-0958. Joseph v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-3008. Reported
at 143 Ohio St.3d 1450, 2015Ohio-3468, 36
N.E.3d 195. On motion for reconsideration.
Motion denied.
2015-0963. Green v. Clair.
Summit App. No. 27467, 2015-Ohio-662.
Reported at 143 Ohio St.3d 1466, 2015Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
O’Donnell, J., dissents.
2015-0974. Ogle v. Ohio Power Co.
Hocking App. No. 14CA15, 2015-Ohio-1724.
Reported at 143 Ohio St.3d 1466, 2015-Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
2015-0989. Mays v. Toledo Hosp.
Lucas App. No. L-15-1114. Reported at 143 Ohio
St.3d 1448, 2015-Ohio-3427, 36 N.E.3d 193. On
motion for reconsideration. Motion denied. On
motion to consolidate case with 2015-1450.
Motion denied as moot.
2015-1011. Bostic v. Davis.
Franklin App. No. 14AP-635, 2015-Ohio-1968.
Reported at 143 Ohio St.3d 1466, 2015-Ohio-
3733, 37 N.E.3d 1250. On motion for
reconsideration. Motion denied.
CASE ANNOUNCEMENTS
November 9, 2015
[Cite as 11/09/2015 Case Announcements, 2015-
Ohio-4616.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF NOVEMBER 9,
2015
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the November 9, 2015
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format. 2013-1277.
Walker v. Toledo, 143 Ohio St.3d 420, 2014-Ohio-
5461. 2014-0104. State v. Brown, 143 Ohio St.3d
444, 2015-Ohio-2438. 2014-0140. Navistar, Inc.
v. Testa, 143 Ohio St.3d 460, 2015-Ohio-3283.
2014-0601. Kuhn v. Kuhn, 143 Ohio St.3d 457,
2015-Ohio-2806. 2014-1101. State ex rel. Steffen
v. Myers, 143 Ohio St.3d 430, 2015-Ohio-2005.
2014-1223. State ex rel. Abraitis v. Gallagher,
143 Ohio St.3d 439, 2015-Ohio
2312.
2014-1741. Columbus Bar Assn. v. Smith, 143
Ohio St.3d 436, 2015-Ohio2000. 2014-2166.
State ex rel. Sheets v. Chief of Police, Cedar Point
Police Dept.,
143 Ohio St.3d 473, 2015-Ohio-3309.
15-AP-011, 15-AP-012, and 15-AP-013. In re
Disqualification of Froelich, Donovan, and
Welbaum, 143 Ohio St.3d 1266, 2015-Ohio-3423.
MOTION AND PROCEDURAL RULINGS
2014-0423. State ex rel. Claugus Family Farm,
L.P. v. Seventh Dist. Court of Appeals.
In Mandamus and Prohibition. This cause
originated in this court on the filing of a complaint
for a writ of mandamus and prohibition.
Upon consideration of relator’s motion for
clarification and to enlarge time for oral argument
and intervening respondent Beck Energy
Corporation’s motion to enlarge the time for oral
argument, it is ordered by the court that oral
argument in this case shall proceed as follows:
Clyde A. Hupp and Larry A. and Lori Hustack, et
al., shall argue first and are permitted nine
minutes of oral argument and may reserve time
for first rebuttal;
Beck Energy Corporation shall argue second and
is permitted nine minutes of oral argument; XTO
Energy, Inc., shall argue third and is permitted
four minutes of oral argument; Claugus Family
Farm, L.P., shall argue fourth and is permitted
nine minutes of oral argument and may reserve
time for second rebuttal; and The Seventh District
Court of Appeals, et al., shall argue fifth and are
permitted nine minutes of oral argument.
Any rebuttal time reserved by Clyde A. Hupp, et
al., shall follow the oral argument of the Seventh
District Court of Appeals, and any rebuttal time
reserved by Claugus Family Farm, L.P., shall
follow the rebuttal of Clyde A. Hupp, et al.
Pursuant to this court’s February 3, 2015 entry,
oral argument in this case shall be consolidated
with oral argument in 2014-1933, Clyde A. Hupp
v. Beck Energy Corp.
2014-1933. Hupp v. Beck Energy Corp.
Monroe App. No. 12 MO 6, 2014-4255. This
cause is pending before the court as an appeal
from the Court of Appeals for Monroe County.
Upon consideration of the motion of XTO Energy,
Inc., for clarification of its right to participate in oral
argument, for leave to participate in oral argument
and for extended oral-argument time and the
motion of appellee Beck Energy Corporation to
enlarge the time for oral argument, it is ordered by
the court that oral argument in this case shall
proceed as follows:
Clyde A. Hupp and Larry A. and Lori Hustack, et
al., shall argue first and are permitted nine
minutes of oral argument and may reserve time
for first rebuttal;
Beck Energy Corporation shall argue second and
is permitted nine minutes of oral argument; XTO
Energy, Inc., shall proceed as an amicus curiae in
support of appellee and argue third and is
permitted four minutes of oral argument; Claugus
Family Farm, L.P., shall argue fourth and is
permitted nine minutes of oral argument and may
reserve time for second rebuttal; and The
Seventh District Court of Appeals, et al., shall
argue fifth and are permitted nine minutes of oral
argument.
Any rebuttal time reserved by Clyde A. Hupp, et
al., shall follow the oral argument of the Seventh
District Court of Appeals, and any rebuttal time
reserved by Claugus Family Farm, L.P., shall
follow the rebuttal of Clyde A. Hupp, et al.
Pursuant to this court’s January 28, 2015 entry,
oral argument in this case shall be consolidated
with oral argument in 2014-0423, State ex rel.
Claugus Family Farm, L.P. v. Seventh Dist. Court
of Appeals.
DISCIPLINARY CASES
2013-0312. Disciplinary Counsel v.
Rammelsberg.
It is ordered by this court, sua sponte, that Sharri
Una Rammelsberg, Attorney Registration No.
0058478, last known business address in
Cincinnati, Ohio, is found in contempt for failure to
comply with this court’s order of May 28, 2015, to
wit: failure to file an affidavit of compliance on or
before June 29, 2015.
2013-1885. Cleveland Metro. Bar Assn. v. Brown.
It is ordered by this court, sua sponte, that Shawn
Javon Brown, Attorney Registration No. 0079331,
last known business address in Cleveland, Ohio,
is found in contempt for failure to comply with this
court’s order of June 17, 2015, to wit: failure to file
an affidavit of compliance on or before July 17,
2015.
2014-0452. Disciplinary Counsel v. Hilburn.
It is ordered by this court, sua sponte, that Regina
Lynn Hilburn, Attorney Registration No. 0056085,
last known business address in Columbus, Ohio,
is found in contempt for failure to comply with this
court’s order of January 26, 2015, to wit: failure to
file an affidavit of compliance on or before
February 25, 2015.
2014-0546. Disciplinary Counsel v. Wilcox.
It is ordered by this court, sua sponte, that Jeffrey
Jon Wilcox, Attorney Registration No. 0056288,
last known business address in Westlake, Ohio, is
found in contempt for failure to comply with this
court’s order of December 4, 2014, to wit: failure
to file an affidavit of compliance on or before
January 5, 2015, and failure to pay board costs in
the amount of $783.05 on or before March 4,
2015.
2014-0632. Columbus Bar Assn. v. Santos.
It is ordered by this court, sua sponte, that Luis
Darlucio Delos Santos, Attorney Registration No.
0072055, last known business address in
Columbus, Ohio, is found in contempt for failure to
comply with this court’s order of January 26, 2015,
to wit: failure to file an affidavit of compliance on
or before February 25, 2015.
MISCELLANEOUS DISMISSALS
2015-1727. State ex rel. Hall v. Corrigan.
In Procedendo. This cause originated in this court
on the filing of a complaint for a writ of
procedendo.
Upon consideration of relator’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
November 9, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
IAN A. BUETTELL, 28, 215 Charles Ave.,
Massillon – Breaking and Entering
JUSTUS M. BURTON, 19, 1450 Willet Ave., SE;
Canton – Aggravated Robbery
CORNELL L. BENSION, 27, 915 Highland Rd.,
NE; Canton – Possession of Marihuana
JAMIE N. RICH, 29, 2700 Harrison Ave., Canton
– Assault on a Police Officer, Assault, Operating a
Motor Vehicle While Under the Influence of
Alcohol, a Drug of Abuse or a Combination of
Them
TEDRELL A. BANKS, 27, 1622 20th St., NE;
Canton – Possession of Marihuana
MIKEAL E. UNGER, 20, 2415 Sixth St., NW;
Canton – Aggravated Menacing
CHARLES O. GRAHAM, 22, 156 24th St., NW;
Canton – Aggravated Possession of Drugs
ARON L. CROSSLAND, 19, 6404 Chiltern Rd.,
Canal Fulton – Burglary
LAWRENCE S. RUTHRAUFF, 18, 143 Milan St.,
Canal Fulton – Burglary, Grand Theft
JEANNIE M. MUNCY, 22, 656 Lynnview St., SW;
Hartville – Burglary, Grand Theft
CASSIE N. HUBBARD, 27, 1835 S. Freedom
Ave., Alliance – Theft
CHARA F. GRAY, 26, 301 52nd St., NW; Canton –
Complicity (Theft)
TIMOTHY R. MCCRARY, 31, 318 Plum Ave., East
Canton – Robbery, Theft from an Elderly Person
or Disabled Adult
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
VERSHAWN D. JETER, 31, 1209 Lippert Rd.,
NE; Canton – Receiving Stolen Property,
Possession of Cocaine, Obstructing Official
Business, Driving Under Suspension
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
November 5, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
FRANK JAMEL MEELY, 24, 1946 Otto Pl. NE,
Canton – Felonious Assault
JEREMY WILLIAMS SCHRADER, 29, 3308-25th
St. NW, Canton – Domestic Violence
LEVI ZACHARIAH STUBBS, 27, 1913 Woodland
Ave. NW, Canton – Burglary 3 Cts.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
November 2, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
CHRIS BURNETT, 23, Address Unknown –
Murder (with firearm specification), Felonious
Assault, 2 Cts., (with firearm specification),
Tampering with Evidence
CALVIN R. JOHNSON, 22, 1303 14th St., Apt.
#106; Dewitt, IA – Murder (with firearm
specification), Felonious Assault, 2 Cts., (with
firearm specification), Tampering with Evidence
COREY L. CAMPBELL, 25, 2700 Coral Ridge
Ave., Coralville, IA – Murder (with firearm
specification), Felonious Assault, 2 Cts., (with
firearm specification), Tampering with Evidence,
Obstructing Justice, 1 Ct.
MICHELLE M. HOUSTON, 30, 5411 Cinderford
St., NW; Canton – Breaking and Entering, 3 Cts.,
Receiving Stolen Property, 2 Cts., Criminal
Trespass
SETH M. YOUNG, 19, 1850 Oakhill Circle NW;
Uniontown – Aggravated Trafficking in Marihuana,
Aggravated Possession of Drugs
JOHNNY C. WHITE, 28, 205 E. Oxford St.,
Alliance – Rape, Aggravated Burglary
DUSTIN A. BENTLEY, 33, 1501 Fifth St., NE;
Canton – Assault
JOHNATHON M. GATCHELL, 26, 611 Delford
Ave., NW; Massillon – Periodic Verification of
Current Address
JAY L. COURTS, 32, 17202 Lipton Ave.,
Cleveland – Receiving Stolen Property, 3 Cts.
RICHARD D. FINLEY, 40, 424 Lawn Ave., NW;
Canton – Possession of Cocaine
BRENNA J. PERKINS, 21, 42504 Morris Rd.;
Lisbon – Possession Drug Abuse Instruments
ALAN J. LOCKHARD, 43, 4678 Whipple Ave.;
Canton – Felonious Assault, Failure to Comply
with an Order or Signal of a Police Officer,
Vandalism, Operating a Motor Vehicle while under
the Influence of Alcohol, a Drug of Abuse or a
Combination of Them, Aggravated Menacing
TYLER C. WETHINGTON, 26, 2400 Georgetown
Rd., NE; Canton – Receiving Stolen Property,
Theft
RIQUAN L. JENNINGS, 19, 3636 Ellis Ave., NE;
Canton – Discharge of a firearm in or Near
Prohibited Premises, 2 Cts., (with firearm
specifications), Felonious Assault (with firearm
specification), Carrying Concealed Weapon,
Improperly Handling firearm in a Motor Vehicle
OHIO SUPREME COURT
November Disciplinary Hearings Announced
October 30, 2015
The Ohio Supreme Court’s Board of Professional
Conduct today announced the disciplinary
hearings involving attorneys and judges charged
with professional misconduct that are scheduled
for November. All hearings take place before a
three-member panel of the board and are open to
the public.
Hearings may be continued for good cause at any
time. Contact the board’s office at 614.387.9370
to confirm that a hearing will be held as scheduled
or the Office of Public Information at
614.387.9250 for more information about a case.
Upon request, case documents can be obtained
via email.
November 4
Cincinnati Bar Association, Relator v. Justin
Enrique Fernandez, Respondent
Case No. 2015-039
Respondent’s address: 917 Main St., Third Floor,
Cincinnati
Respondent’s counsel: James Brudny Jr.,
Columbus
Hearing Time/Location: 10 a.m.; Thomas J. Moyer
Ohio Judicial Center, 65 S. Front St., North
Hearing Room 106, Columbus
November 5
Disciplinary Counsel, Relator v. Daniel Lee
Bennett, Respondent
Case No. 2015-027
Respondent’s address: P.O. Box 369,
Bellefontaine
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, North Hearing Room 106
November 11-13 and 19-20
Disciplinary Counsel, Relator v. Angela Rochelle
Stokes, Respondent
Case No. 2013-057
Respondent’s address: 38 Oakshore Drive,
Bratenahl
Respondent’s counsel: Larry Zukerman, Paul
Daiker, and Scott Lear, Cleveland; Richard Alkire,
Independence
Hearing Time/Location: Contact the board office
to confirm the hearing dates and start times;
Cleveland Metropolitan Bar Association, 1375 E.
Ninth St., Second Floor, Cleveland
November 18
Toledo Bar Association, Relator v. Joan M.
Crosser, Respondent
Case No. 2015-029
Respondent’s address: P.O. Box 60436, Rossford
Respondent’s counsel: Daniel Grna, Toledo
Hearing Time/Location: 10 a.m.; Moyer Judicial
Center, West Hearing Room 104
November 23
Lorain County and Trumbull County Bar
Associations, Relator v. Robert Lawrence
Johnson, Respondent
Case No. 2013-062
Respondent’s address: 1400 Ohio Ave.,
McDonald
Respondent’s counsel: John Juhasz, Youngstown
Hearing Time/Location: 9 a.m.; Moyer Judicial
Center, North Hearing Room 106
OHIO SUPREME COURT CASE
ANNOUNCEMENTS
October 30, 2015
[Cite as 10/30/2015 Case Announcements,
2015-Ohio-4484.]
MOTION AND PROCEDURAL
RULINGS
2015-1263. State v. Milner.
Erie App. No. E-1-113, 2015-Ohio-2446. This
cause came on for further consideration upon
the filing of appellant's
motion to stay judgment and appellee's motion to
amend cover sheet. It is ordered by the court
that the motions are
denied as moot.
2015-1309. State v. Ford.
Summit C.P. No. CR 2013 04 1008 (A). This
cause is pending before the court as an appeal
from the Court of Common Pleas of Summit
County.
Upon consideration of appellant's request for
extension of time to transmit the record, it is
ordered by the court
that the motion is granted. The record shall be
filed no later than February 8, 2016.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
October 28, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
CARIE LYNN YOUNG, 37, 4155 Apollo Rd.,
Mechanicstown – Possession of Cocaine
ROBERT JOSEPH DEMPSEY, 43, 2900 Williams
St., Middlebranch – Forgery; Theft from an Elderly
Person or Disabled Adult
AMANDA LEIGHT WRIGHT, 28, 2900 Williams
St., Middlebranch – Forgery; Theft from an Elderly
Person or Disabled Adult
QUINCY C. TURNER, 29, 1010 Lippert Rd. NE,
Canton – Possession of Cocaine
JERRALE MATTHEW FLOYD, 26, 1506 12th St.,
Canton – Domestic Violence; Obstructing Official
Business
KELLY R. RAMEY, 55, 1801 Spring Ave. NW,
Canton – Attempt to Commit an Offense
(Possession of Cocaine)
VICTOR L. MACKEY, 32, 1644 Superior Ave. NE,
Canton – Having Weapons Under Disability;
Aggravated Possession of Drugs
HOWARD LAMONT MAPP, 26, 201 Cleveland
Ave. SW, Canton – Harassment with a Bodily
Substance, 2 Cts.
ROBERT DAVID CROWDER, 28, 143 S. Haines
St., Alliance – Aggravated Possession of Drugs
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
TERRELL LAMAR DANIELS, 30, 1423 Vienna
Woods Rd. SW, Canton – Possession of Drugs;
Trafficking in Drugs
BRYANT KEITH TALLEY, 33, 2324 Maxine Ave.
NE, Canton – Burglary; Resisting Arrest;
Obstructing Official Business; Misconduct at an
Emergency
JAMES RICHARD HOLBEIN, 38, No Permanent
Address – Domestic Violence
CASE ANNOUNCEMENTS
October 29, 2015
[Cite as 10/29/2015 Case Announcements, 2015-
Ohio-4477.]
MERIT DECISIONS WITH OPINIONS
2014-0862. Risner v. Ohio Dept. of Transp., Slip
Opinion No. 2015-Ohio-4443.
Franklin App. No. 12AP-828, 2013-Ohio-5698.
Judgment reversed and cause
remanded.
O’Connor, C.J., and O’Donnell, Lanzinger, and
Kennedy, JJ., concur.
Pfeifer, French, and O’Neill, JJ., dissent.
2015-0598. Disciplinary Counsel v. Broyles, Slip
Opinion No. 2015-Ohio-4442.
On Certified Report by the Board of
Commissioners on Grievances and Discipline, No.
2014-106. Bruce Martin Broyles, Attorney
Registration No. 0042562, is hereby publicly
reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1383. Thompson v. State.
In Habeas Corpus. This cause came on for
further consideration upon the filing of
respondent’s motion to dismiss. It is ordered by
the court that the motion is denied as moot.
2015-1716. In re A.C.
Cuyahoga App. No. 102351, 2015-Ohio-3673.
This cause is pending before the court as a
jurisdictional appeal. Upon review of the appeal,
it appears that the case involves termination of
parental rights.
Accordingly, it is ordered by the court, sua sponte,
that this case shall proceed according to the
Rules of Practice of the Supreme Court of Ohio
that pertain to cases involving termination of
parental rights. Appellee’s memorandum in
response shall be filed no later than 20 days from
the date of this entry.
MISCELLANEOUS DISMISSALS
2015-0462. State v. Wirebaugh.
Summit App. No. 27442, 2015-Ohio-754. This
cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
2015-0559. Berea City School Dist. Bd. of Edn. v.
Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-1479 and 2014-
1673. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
2015-1402. State ex rel. DeFranco v. Geauga
Cty. Bd. of Commrs.
Geauga App. No. 2013-G-3143, 2015-Ohio-2811.
This cause is pending before the court as an
appeal from the Court of Appeals for Geauga
County. The records of this court indicate that
appellant has not filed a merit brief, due October
20, 2015, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Geauga County.
2015-1453. Oregon RA Assocs., L.L.C. v. Lucas
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3398. This
cause is pending before the court as an appeal
from the Board of Tax Appeals.
Upon consideration of appellant’s application for
dismissal, it is ordered by the court that the
application for dismissal is granted. Accordingly,
this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the Board of Tax Appeals.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
October 28, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
WILLIAM D. CHAPPELL, 21, 100 Sheppard St.,
Beckley, WV - Aggravated Possession of Drugs,
Aggravated Trafficking in Drugs, Tampering with
Evidence
JEANNE M. ELLIOTT, 54, 1628 Woodland Ave.,
NW; Apt. #1; Canton - Possession of Cocaine
NICHALOUS D. HARVEY, 31, 1415 Yale Ave.,
NW; Canton - Assault
THOMAS A. GEORGE, 19, 356 Smith Ave., NW;
Canton - Possession of Cocaine
TERRY A. UHRIN, 30, 1140 Benskin Ave., SW;
Canton - Unauthorized Use of a Motor Vehicle
and Operating a Motor A Vehicle While Under the
Influence of Alcohol, a Drug of Abuse or a
Combination of Them
SEIRGIO L. L. KINDELL, 27, 328 14th St., SW;
Canton - Escape, Notice of Registration of New
Address
FREDRICK K. HILDENBRAND, 44, 1338 18th St.,
NE; Canton - Interference with Custody
MATHEW G. MORENO, 27, No permanent
address - Possession of Cocaine, Illegal Use of
Drug Paraphernalia
ROBERT L. CLARK, 31, 1223 Market Ave., North;
Canton - Rape
REANNA M. MAYLE, 36, 214 28th St., SW;
Canton - Theft, 2 Cts.
JASON J. NICHOLSON, 55, 1226 Shriver Ave.,
NE; Canton - Theft, Receiving Stolen Property
PAMELA JL. LOIDL, 56, 1441 Rachel St., NW;
Apt. #93; Canton - Receiving Stolen Property
ROBERT A. GARCIA, 30, No permanent address;
Failure to Stop After an Accident, Tampering with
Evidence
JAMES P. MENAPACE, 33, 79 West Main St.,
Apt. #307; Carrollton - Possession of Heroin,
Possessing Drug Abuse Instruments
CARL J. GATEWOOD, 26, 531 Bebb Ave., SW
(Downstairs); Massillon - Trespass into a
Habitation When a Person is Present or Likely to
be Present, Resisting Arrest
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
DARIUS A. TONEY, 28, 100 Sheppard St.,
Beckley, WV - Aggravated Possession of Drugs,
Aggravated Trafficking in Drugs, Tampering with
Evidence
CASE ANNOUNCEMENTS
October 28, 2015
[Cite as 10/28/2015 Case Announcements, 2015-
Ohio-4468.]
MERIT DECISIONS WITH OPINIONS
2014-0530. Johnston v. State, Slip Opinion No.
2015-Ohio-4437.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy,
French, and O’Neill, JJ., concur.
2015-0292. Cleveland Metro Bar Assn. v.
Belinger, Slip Opinion
No. 2015Ohio-4436.
Pfeifer, O’Donnell, Lanzinger, Kennedy, and
O’Neill, JJ., concur.
O’Connor, C.J., and French, J., dissent.
MERIT DECISIONS WITHOUT OPINIONS
2014-0749. School Choice Ohio, Inc. v. Cincinnati
Pub. School Dist.
In Mandamus. On motion for oral argument of
respondent Springfield City
School
District. Motion granted.
Pfeifer, O’Donnell, Kennedy, and French, JJ.,
concur.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2015-0197. State ex rel. Pietrangelo v. Avon
Lake.
In Mandamus. On answer of respondent. Upon
consideration thereof, it is
ordered by the court that an alternative writ is
granted and the following
briefing schedule is set for presentation of
evidence and filing of briefs
pursuant to S.Ct.Prac.R. 12.05:
The parties shall file any evidence they intend
to present within 20 days
of the date of this entry; relator shall file a brief
within 10 days of the filing of
the evidence; respondents shall file a brief within
20 days after the filing of
relator’s brief; and relator may file a reply brief
within 7 days after the filing
of respondents’ brief.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-0205. Palmer v. Bradshaw.
In Habeas Corpus. On petition for writ of habeas
corpus of William Palmer
Jr. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-0567. Grissom v. Ohio Adult Parole Auth.
In Habeas Corpus, Mandamus and Prohibition.
On motion to dismiss.
Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-0803. Peterson v. Bradley.
In Habeas Corpus. On petition for writ of habeas
corpus of George W.
Peterson. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-0821. Harris v. Bradshaw.
In Habeas Corpus. On petition for writ of habeas
corpus of Jamal R. Harris.
Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1039. Mosley v. Mohr.
In Habeas Corpus. On petition for writ of habeas
corpus of John Mosley.
Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1085. Whiteside v. White.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1111. McClain v. Bradley.
In Habeas Corpus. On petition for writ of habeas
corpus of Reginald
McClain. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1118. State ex rel. Johnson v. State.
In Habeas Corpus. On petition for writ of habeas
corpus of Tyrone R.
Johnson. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1151. State ex rel. Thomas v. Richard.
In Habeas Corpus. On petition for writ of habeas
corpus of Winston
Thomas. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1257. Foster v. James.
In Mandamus. On complaint in mandamus of
John B. Foster. On
S.Ct.Prac.R. 12.04 determination, cause
dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, and
O’Neill, JJ., concur.
French, J., not participating.
2015-1276. Willingham v. Coble.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1298. Violation of Civ. Protection Order.
Miscellaneous case. On motion to dismiss of
Franklin County Municipal
Court. Motion granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1300. Taylor v. Ohio Parole Auth.
Miscellaneous case. On answer of respondent.
On S.Ct.Prac.R. 12.04
determination, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1318. State ex rel. Harris v. Moore.
In Mandamus. On answer of respondents. On
S.Ct.Prac.R. 12.04
determination,
cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and Kennedy, JJ.,
concur.
French and O’Neill, JJ., dissent and would grant
an alternative writ.
2015-1321. Messenger v. Slagle.
In Procedendo. On motion for judgment on
pleadings. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1346. State ex rel. Roberts v. Marsh.
In Prohibition. On motion to dismiss. Motion
granted. On motion to strike.
Motion denied as moot. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1368. State ex rel. Soltesz v. McGookey.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O'Connor, C.J., and Pfeifer, O'Donnell,
Lanzinger, Kennedy, French
and O'Neill, JJ., concur.
2015-1383. Thompson v. State.
In Habeas Corpus. On petition for writ of habeas
corpus of Wimberly C.
Thompson. Sua sponte, cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
2015-1385. Miller v. Zmuda.
In Mandamus. On motion to dismiss. Motion
granted. Cause dismissed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French,
and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2014-0064. Wallace v. Golden Comb, Inc.
Cuyahoga App. No. 99910. On motion to dismiss.
Motion granted. On
motion to substitute parties. Motion denied as
moot.
Pfeifer and O’Donnell, JJ., dissent.
2014-0596. State ex rel. Carr v. London Corr.
Inst.
Madison App. No. CA2012-10-023, 2014-Ohio-
1325. On motion for
contempt and sanctions. Motion denied.
Kennedy, J., dissents.
2014-1756. State ex rel. Cleveland v. State Bd. of
Tax Appeals.
Franklin App. No. 13AP-308, 2014-Ohio-3736.
On motion to dismiss as
moot. Motion granted.
2015-1225. In re Application of Ohio Power Co.
for Auth. To
Establish a Std. Serv. Offer Pursuant to R.C.
4928.143 in the Form of
an Elec. Sec. Plan.
Public Utilities Commission, Nos. 13-2385-EL-
SSO and 13-2386-EL-AAM.
On motion to dismiss of Public Utilities
Commission of Ohio. Motion
granted.
Pfeifer, J., dissents.
2015-1335. State v. Snowden.
Trumbull App. No. 2014-T-0092, 2015-Ohio-2611.
On review of order
certifying a conflict. The court determines that a
conflict exists. Sua sponte,
cause consolidated with 2015-1247, State v,
Snowden, 11th Dist. Trumbull
No. 2014-T-0092, 2015Ohio-2611, and held for
decision in 2014-1557, State
v. Klembus, 8th Dist. Cuyahoga No. 100068,
2014-Ohio-3227, and briefing
schedule stayed.
Pfeifer, J., dissents.
2015-1340. Jacobson v. Kaforey.
Summit App. No. 26915, 2015-Ohio-2614. On
review of order certifying a
conflict. The court determines that a conflict
exists. The parties are to brief
the issue stated in the court of appeals’ entry
dated August 6, 2015:
“Does the current version of R.C. 2307.60
independently authorize a
civil action for damages cause by criminal acts,
unless otherwise prohibited
by law?”
The conflict cases are Groves v. Groves, 10th
Dist. Franklin No.
09AP-1107, 2010-Ohio-4515, Edwards v. Madison
Twp., 10th Dist. Franklin
No. 97APE06-819, 1997 WL 746415 (Nov. 25,
1997), McNichols v.
Rennicker, 5th Dist. Tuscawaras No. 2002 AP 04
0026, 2002-Ohio-7215,
and Applegate v. Weadcock, 3rd Dist. Auglaize
No. 2-95-24, 1995 WL
705214 (Nov. 30, 1995).
Pfeifer and Kennedy, JJ., dissent.
French, J., not participating.
2015-1380. State v. Pottorf.
Warren App. No. CA2014-03-046, 2014-Ohio-
5399. On motion for leave to
file delayed appeal. Motion denied.
2015-1382. State v. Matthews.
Cuyahoga App. No. 101275, 2015-Ohio-176. On
motion for leave to file
delayed appeal. Motion denied.
2015-1384. State v. Gates.
Cuyahoga App. No. 101951, 2015-Ohio-1843.
On motion for leave to file
delayed appeal. Motion denied.
Pfeifer and Kennedy, JJ., dissent.
2015-1405. State v. O’Neal.
Warren App. No. CA2014-08-104, 2015-Ohio-
1096. On motion for leave to
file delayed appeal. Motion denied.
Pfeifer and Kennedy, JJ., dissent.
2015-1406. State v. Varholic.
Cuyahoga App. No. 102402, 2015-Ohio-2411. On
review of order certifying
a conflict. It is determined that no conflict exists.
Cause dismissed.
O’Neill, J., dissents.
2015-1408. Dilley v. Dilley.
Geauga App. No. 2014-G-3227, 2015-Ohio-1872.
On motion for stay of trial
court and court of appeals judgments. Motion
denied.
2015-1418. State v. Daviduk.
Stark App. No. 2001CA0213, 2002-Ohio-1288.
On motion for leave to file
delayed appeal. Motion denied.
2015-1428. State v. Oglesby.
Montgomery App. No. 26251, 2015-Ohio-2557.
On motion for leave to file
delayed appeal. Motion granted.
O’Connor, C.J., and Lanzinger and French, JJ.,
dissent.
2015-1445. State v. Reidenbach.
Coshocton App. No. 2014CA0019, 2015-Ohio-
2915. On motion for leave
to file delayed appeal. Motion granted.
2015-1457. State v. Hewitt.
Stark App. No. 2014CA00078, 2015-Ohio-1786.
On motion for leave to file
delayed appeal. Motion granted.
O’Donnell, Lanzinger, and French, JJ., dissent.
2015-1458. State v. Jackson.
Lorain App. No. 14CA010555, 2015-Ohio-2473.
On motion for leave to file
delayed appeal. Motion denied.
O’Neill, J., dissents.
2015-1461. State v. Chatmon.
Cuyahoga App. No. 99508. On motion for leave
to file delayed appeal.
Motion denied.
Pfeifer, J., dissents.
2015-1487. State v. Rodriguez.
Greene App. No. 15-CA-14. On motion for leave
to file delayed appeal.
Motion denied.
Pfeifer, J., dissents.
2015-1489. State v. Brandenburg.
Butler App. Nos. CA2014-10-201 and CA2014-10-
202. On review of order
certifying a conflict. The court determines that a
conflict exists. Sua sponte,
cause consolidated with 2015-1330, State v.
Brandenburg, 12th Dist. Butler
App. Nos. CA2014-10-201 and CA2014-10-202,
2015-Ohio-2573, and held
for decision in 2014-1825, State v. Marcum, 4th
Dist. Gallia No. 13CA11,
2014-Ohio-4048, and briefing schedule stayed.
Pfeifer, J., dissents.
2015-1499. State v. Dumas.
Mahoning App. No. 12 MA 31, 2015-Ohio-2683.
On motion for leave to file
delayed appeal. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2015-1501. State v. Crank.
Stark App. No. 2014CA00175, 2015-Ohio-1909.
On motion for leave to file
delayed appeal. Motion denied.
Pfeifer and O’Neill, JJ., dissent.
2015-1508. State v. Good.
Putnam App. No. 12-14-05. On motion for leave
to file delayed appeal.
Motion denied.
2015-1511. State v. Taylor.
Delaware App. No. 14-CAA-06-0037, 2015-Ohio-
2646. On motion for leave
to file delayed appeal. Motion denied.
O’Neill, J., dissents.
2015-1591. In re Grand Jury Proceedings State v.
Doe.
Mahoning App. No. 14 MA 73. Motion to stay the
appellate court’s
decision pending appeal. Motion granted.
O’Donnell, J., dissents.
2015-1607. State v. Williams.
Lorain App. No. 14CA010641, 2015-Ohio-3932.
On motion for immediate
stay of the judgment mandate of the Ninth District
Court of Appeals. Motion
denied.
O’Donnell and O’Neill, JJ., dissent.
APPEALS ACCEPTED FOR REVIEW
2015-0677. State v. Aalim.
Montgomery App. No. 26249, 2015-Ohio-
892. Pfeifer, O’Donnell and Kennedy,
JJ., dissent.
2015-0724. Ratonel v. Roetzel & Andress, L.P.A.
Montgomery App. No. 26259, 2015-Ohio-1166.
Discretionary appeal
accepted.
Motion to dismiss and motion for sanctions
denied.
Pfeifer and O’Neill, JJ., dissent from the decision
to accept the cause.
O’Connor, C.J., not participating.
2015-0738. In re D.M.D.
Franklin App. No. 14AP-289, 2015-Ohio-1134.
Discretionary appeal
accepted and cause held for decision in 2014-
0607, In re D.S., 5th Dist.
Licking No. 13-CA-58, 2014-Ohio-867; and
briefing schedule stayed.
O’Neill and Lanzinger, JJ., dissent.
2015-1247. State v. Snowden.
Trumbull App. No. 2014-T-0092, 2015-Ohio-2611.
Discretionary
appeal accepted. Cause consolidated with 2015-
1335, State v,
Snowden, 11th Dist.
Trumbull No. 2014-T-0092, 2015-Ohio-2611, and
held for decision in 2014-
1557, State v. Klembus, 8th Dist. Cuyahoga No.
100068, 2014-Ohio-3227,
and briefing schedule stayed.
O’Connor, C.J.., and Pfeifer, J., dissent.
2015-1330. State v. Brandenburg.
Butler App. Nos. CA2014-10-201 and CA2014-10-
202. Discretionary appeal
accepted. Cause consolidated with 2015-1489,
State v. Brandenburg, 12th
Dist. Butler App. Nos. CA2014-10-201 and
CA2014-10-202, 2015-Ohio-
2573, and held for decision in 2014-1825, State v.
Marcum, 4th Dist. Gallia
No. 13CA11, 2014Ohio-4048, and briefing
schedule stayed.
Pfeifer, J., dissents.
APPEALS NOT ACCEPTED FOR REVIEW
2014-0525. State v. Spivey.
Mahoning App. No. 12 MA 75, 2014-Ohio-721.
2015-0647. State v. Eggleston.
Trumbull App. No. 2014-T-0068, 2015-Ohio-958.
O’Connor, C.J., dissents, and would vacate the
court of appeals’
decision and remand the case for application of
Rodriguez v. United States,
__ U.S. __, 135 S.Ct. 1609, 191 L.Ed.2d 492
(2015).
2015-0653. O’Loughlin v. Mercy Hosp. Fairfield.
Hamilton App. No. C-130484, 2015-Ohio-152.
Pfeifer, J., dissents. O’Neill, J., dissents and
would accept the cause
on Proposition of Law No. IV only.
2015-0658. Frisch v. Restaurant Mgt., Inc.
Hamilton App. No. C-140444, 2015-Ohio-859.
2015-0659. State v. Hamon.
Delaware App. No. 12 CAA 12 0089, 2015-
Ohio-887. Lanzinger, J., dissents.
2015-0660. Obloy v. Sigler.
Cuyahoga App. No. 101672, 2015-Ohio-877.
2015-0661. State v. Ganguly.
Franklin App. No. 14AP-383, 2015-Ohio-845.
2015-0671. State v. Holloway.
Cuyahoga App. No. 101289, 2015-Ohio-1015.
2015-0685. State v. Ibrahim.
Franklin App. No. 14AP-355, 2014-
Ohio-5307. O’Donnell, J.,
dissents.
2015-0690. Fisher v. Mallik.
Franklin App. No. 14AP-140, 2015-Ohio-1008.
O’Donnell, Kennedy, and
O’Neill, JJ., dissent and would accept the
appeals.
2015-0691. Dept. of Natural Resources v.
Ebbing.
Mercer App. No. 10-13-24, 2015-Ohio-471.
O’Connor, C.J., dissents and would accept the
cause on Proposition
of Law No. II only.
Pfeifer and O’Neill, JJ., dissent.
2015-0693. Miller v. Plain Dealer Publishing Co.
Cuyahoga App. No. 101335, 2015-Ohio-1016.
2015-0694. State v. Harold.
Portage App. No. 2014-P-0012, 2015-
Ohio-954. O’Neill, J., dissents.
2015-0696. Hughes v. Lenhart.
Shelby App. No. 17-14-25, 2015-Ohio-933.
2015-0697. Daher v. Bally’s Total Fitness.
Lake App. No. 2014-L-061, 2015-Ohio-953.
2015-0698. State v. Elizondo.
Fairfield App. No. 14-CA-20, 2015-Ohio-1109.
2015-0701. Secy. of Veterans Affairs v.
Leonhardt.
Crawford App. No. 3-14-04, 2015-Ohio-931.
2015-0705. Szwarga v. Riverside Methodist
Hosp.
Franklin App. No. 13AP-648, 2014-Ohio-4943.
O’Connor, C.J., and
Kennedy, J., dissent and would accept the
appeals.
2015-0706. N. Campus Rentals, L.L.C. v.
Franklin Cty. Bd. of
Revision.
Franklin App. No. 14AP-465, 2015-
Ohio-985. O’Neill, J., dissents.
2015-0707. Weiler v. Cuyahoga Cty. Bd. of
Revision.
Cuyahoga App. No. 101822, 2015-
Ohio-1383. O’Donnell, J.,
dissents.
2015-0708. State v. Ponyard.
Cuyahoga App. No. 101266, 2015-
Ohio-311. O’Neill, J., dissents.
2015-0709. State v. Marcus Beauregard.
Cuyahoga App. No. 101418, 2015-Ohio-1021.
2015-0714. Reidell v. Reynolds & Reynolds Co.,
Inc.
Montgomery App. No. 26392, 2015-
Ohio-1048. Lanzinger and O’Neill,
JJ., dissent.
2015-0730. State v. Martin.
Delaware App. No. 14 CAA 03 0016, 2015-
Ohio-1106. Pfeifer and O’Donnell, JJ.,
dissent.
2015-0734. State v. J.T.S.
Franklin App. No. 14AP-516, 2015-Ohio-1103.
O’Connor, C.J., dissents and would hold the
cause for the decision in
20150677, State v. Aalim.
2015-0735. Turner & Son Funeral Home v.
Hillsboro.
Highland App. No. 14CA16, 2015-
Ohio-1138. French, J., dissents.
2015-0740. State v. Cochran.
Franklin App. No. 14AP-447, 2015-
Ohio-1102. O’Donnell, J.,
dissents.
2015-0741. State v. Robinson.
Montgomery App. No. 26441, 2015-Ohio-1167.
O’Neill, J., dissents.
2015-0796. Jones v. Natural Essentials, Inc.
Portage App. No. 2015-P-0005, 2015-Ohio-1073.
2015-0804. State v. Muzic.
Summit App. No. 27117, 2015-Ohio-1521.
2015-0834. State v. Taylor.
Summit App. No. 27273, 2015-Ohio-403.
2015-0895. Corsaro & Assoc. Co., L.P.A. v.
Weston Hurd, L.L.P.
Cuyahoga App. No. 101534, 2015-Ohio-423.
O’Donnell, J., dissents.
2015-1029. State v. Thompson.
Cuyahoga App. No. 100797, 2014-Ohio-2261.
2015-1062. State v. Anthony.
Cuyahoga App. No. 101847, 2015-Ohio-2267.
2015-1088. State v. Smith.
Cuyahoga App. No. 101802, 2015-Ohio-2266.
2015-1140. State v. Gilbert.
Miami App. No. 2015-CA-8, 2015-Ohio-2425.
2015-1147. Lavery v. Lavery.
Hamilton App. No. C-140130.
2015-1148. Cotton v. Sheldon.
Marion App. No. 9-14-47.
2015-1162. Burton Carol Mgt., L.L.C. v. Ziegler.
Lake App. Nos. 2015-L-021 and 2015-L-040,
2015-Ohio-1996. French,
J., not participating.
2015-1167. State v. Hively.
Gallia App. No. 13CA15, 2015-Ohio-2297.
2015-1168. State v. Vanderhoof.
Lake App. No. 2013-L-036, 2015-Ohio-2198.
O’Donnell, J., dissents and would hold the
cause for the decision in
20141278, State v. Earley.
2015-1169. Neighorn v. Walsh.
Summit App. No. 27110.
2015-1174. Baxter v. Thomas.
Cuyahoga App. No. 101186, 2015-
Ohio-2148. O’Donnell, J.,
dissents.
2015-1186. State v. Parrish.
Brown App. No. CA2015-04-010.
2015-1188. State v. W.J.
Franklin App. No. 14AP-457, 2015-Ohio-2353.
2015-1199. State v. Johnson.
Delaware App. No. 14CAA070039, 2015-Ohio-
1676.
2015-1209. State v. Cody.
Cuyahoga App. No. 102213, 2015-Ohio-2764.
2015-1216. State, v. Jones.
Franklin App. No. 14AP-796, 2015-Ohio-2357.
2015-1224. State v. Varholic.
Cuyahoga App. No. 102402, 2015-
Ohio-2411. O’Neill, J., dissents.
2015-1236. State v. Kallini.
Allen App. No. 1-14-57.
2015-1245. State v. Lawshea.
Cuyahoga App. No. 101895, 2015-Ohio-2391.
2015-1246. State v. Pishok.
Seneca App. No. 13-15-04.
2015-1248. State v. Clayton.
Summit App. No. 27515.
2015-1256. State v. Whatley.
Guernsey App. No. 13CA26.
2015-1258. Henderson v. Allamby.
Cuyahoga App. No. 103060.
2015-1260. State v. Norton.
Cuyahoga App. No. 10217, 2015-Ohio-2516.
2015-1263. State v. Milner.
Erie App. No. E-14-113, 2015-Ohio-2446.
2015-1265. State v. Wellington.
Mahoning App. No. 14 MA 115, 2015-Ohio-2754.
2015-1271. State v. Caldwell.
Greene App. No. 2013-CA-76, 2015-Ohio-2551.
2015-1283. State v. Taylor.
Franklin App. No. 14AP-254, 2015-Ohio-2490.
2015-1290. State v. Brownlee.
Summit App. No. 27255, 2015-Ohio-2616.
Request that a Copy of the Trial
Court’s New Journal Entry be Made Part of the
Record denied as moot.
2015-1302. Hill v. Krauser.
Hamilton App. No. C-140446.
2015-1303. State v. Green.
Butler App. No. CA2014-12-247, 2015-Ohio-2576.
2015-1327. State v. Robinson.
Summit App. No. 27480, 2015-Ohio-2376.
2015-1328. State v. Wood.
Medina App. No. 14CA0093-M, 2015-Ohio-2891.
2015-1337. Jacobson v. Kaforey.
Summit App. No. 26915, 2015-Ohio-2624.
Lanzinger, French, and O’Neill,
JJ., dissent and would accept the appeals.
2015-1352. State v. Wolf.
Lake App. Nos. 93-L-151 and 94-L-047.
2015-1374. State v. Culp.
Summit App. No. 27500, 2015-Ohio-2839.
2015-1394. State v. Pierce.
Summit App. No. 27204.
2015-1395. State v. West.
Summit App. No. 27485, 2015-Ohio-2936.
2015-1492. State v. Oteng.
Franklin App. No. 14AP-466.
RECONSIDERATION OF PRIOR DECISIONS
2013-1773. Estate of Atkinson v. Ohio Dept. of
Job & Family Servs.
Knox App. No. 13CA4, 2013-Ohio-4352.
Reported at __ Ohio St.3d __,
2015-Ohio3397, __ N.E.3d __. On motion for
reconsideration. Motion
denied.
O’Connor, C.J., and Lanzinger and O’Neill, JJ.,
dissent.
2014-0735. C.K. v. State.
Cuyahoga App. No. 100193, 2014-Ohio-1243.
Reported at __ Ohio St.3d
__, 2015Ohio-3421, __ N.E.3d __. On motion for
reconsideration. Motion
denied.
O’Neill, J., dissents.
2014-1122. State ex rel. Clough v. Franklin Cty.
Children’s Servs.
Reported at __ Ohio St.3d __, 2015-Ohio-3425,
__ N.E.3d __. On motion
for reconsideration. Motion denied.
2015-0297. State v. Girts.
Cuyahoga App. No. 101075, 2014-Ohio-5545.
Reported at 143 Ohio St.3d
1450, 2015-Ohio-3468, 36 N.E.3d 194. On
motion for reconsideration.
Motion fails for want of four votes.
O’Connor, C.J., dissents.
Lanzinger, J., dissents and would grant the
motion, accept and hold
the cause for the decision in 2015-0473, State v.
Thomas.
Kennedy, J., dissents and would grant the
motion in part and accept
the cause as to Proposition of Law No. II only.
O’Neill, J., not participating.
2015-0347. Kent State Univ. v. Ford.
Portage App. No. 2013-P-0091, 2015-Ohio-41.
Reported at 143 Ohio St.3d
1441, 2015-Ohio-3427, 36 N.E.3d 189. On
motion for reconsideration.
Motion denied.
O’Connor, C.J., and Pfeifer, J., dissent and
would hold the cause for
the decision in 2014-0978, Boone Coleman
Const., Inc. v. Piketon.
2015-0358. State v. Bates.
Hamilton App. No. C-140033, 2015-Ohio-116.
Reported at 143 Ohio St.3d
1441, 2015-Ohio-3427, 36 N.E.3d 189. On
motion for reconsideration.
Motion denied.
2015-0375. State v. Schmidt.
Lorain App. No. 13CA010499, 2015-Ohio-146.
Reported at 143 Ohio St.3d
1442, 2015-Ohio-3427, 36 N.E.3d 189. On
motion for reconsideration.
Motion denied.
O’Donnell and O’Neill, JJ., dissent.
2015-0406. State v. Smith.
Franklin App. Nos. 14AP-154 and 14AP-155,
2014-Ohio-5303. Reported at
143 Ohio St.3d 1442, 2015-Ohio-3427, 36 N.E.3d
189. On motion for
reconsideration. Motion denied.
Kennedy and French, JJ., dissent.
2015-0913. State v. Bryant.
Ross App. No. 14CA3434. Reported at 143 Ohio
St.3d 1442, 2015-Ohio-
3427, 36 N.E.3d 189. On motion for
reconsideration. Motion denied.
October 27, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JERMAINE L. ADAMS, 40, 58-23rd St. NW,
Canton – Murder (with firearm specification);
Having Weapons Under Disability
TRAVIS XAVIER MASSEY, 26, 1213-9th St. NW,
Canton – Felonious Assault (with firearm
specification); Tampering with Evidence; Having
Weapons Under Disability
LINDA MARIE BROWN, 23, 1515 Loddi Ave. NE,
Canton – Improperly Handling Firearms in a Motor
Vehicle
QWHYNIJIAH I. JACKSON, 27, 218 Belden Ave.
SE, Canton – Assault
MARK ANTHONY ZANDERS, 19, 10421 Oak
Park Blvd., Oak Park – Criminal Trespass
DEANGELO COPELAND, 34, 3657-53rd St. #3,
Cleveland – Aggravated Robbery (with firearm
specification); Having Weapons Under Disability
PIERRE D. ATKINSON, 25, 2157 Penn Pl. NE,
Apt. C, Canton – Possession of Cocaine;
Trafficking in Cocaine; Having Weapons Under
Disability; Possession of Heroin; Trafficking in
Heroin
TIMOTHY A. SMETHERS, 26, 1550 Stark Ave.
SW, Canton – Breaking and Entering
DAVID ALLEN LAURY, 23, 2011 Fremont Pl .SW,
Canton – Having Weapons Under Disability
DAMARUS ALLEN WILSON, 21, 2011 Fremont
Pl. SW, Canton – Possession of Cocaine
ELONDA S. LAURY, 46, 2011 Freemont Pl. SW,
Canton – Possession of Cocaine
RANDOLPH ERIC YOUNG, 43, 1606 Stanley Ct.
NE, Canton – Resisting Arrest; Criminal Trespass
ANTONIO CLIFFTON DAVIS, 36, 228 Ralph Ct.
NW, Canton – Possession of Drugs; Possession
of Marijuana
ROBERT LOUIS UMBLES, 59, No Permanent
Address – Possession of Cocaine
JULIAN CHRISTOPHER DUCKSWORTH, 31,
312 Warner Rd. SE, Canton – Robbery
CHAZETTE LASHAE HANCOCK, 23, 222 W.
Broadway St. Alliance – Assault; Criminal
Trespass
CHRISTOPHER J. VANMETER, 44, 3020
Chippendale NW, Massillon – Domestic Violence
SAMMI VANCE BROWN, 36, 916 Highland Ave.
NE, Canton – Domestic Violence; Abduction
DOMINICK XAVIER JOHNSON, 23, 424 Mill St.
SE, Canton – Aggravated Robbery (with firearm
specification); Having Weapons Under Disability
BETHANY RAMOS, 40, 1633 Overlook SW,
Massillon – Disorderly Conduct
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
AMBER R. BALLARD, 23, 2307 Gage Ave. NE,
Canton – Felonious Assault 2 Cts.
OHIO SUPREME COURT CASE
ANNOUNCEMENTS
October 26, 2015
[Cite as 10/26/15 Case Announcements, 2015-
Ohio-4415.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF OCTOBER 26,
2015
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the October 26, 2015
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2012-1107. Disciplinary Counsel v. Joseph, 143
Ohio St.3d 1261, 2015-Ohio
2775. 2013-0312. Disciplinary Counsel v.
Rammelsberg, 143 Ohio St.3d 381, 2015Ohio-
2024.
2013-1255 and 2013-1501. State v. Rogers, 143
Ohio St.3d 385, 2015-Ohio-2459.
2013-1731. State v. Keenan, 143 Ohio St.3d 397,
2015-Ohio-2484.
2014-0460. State ex rel. Oldaker v. Indus.
Comm., 143 Ohio St.3d 405, 2015
Ohio-2569.
2014-0531. Cincinnati v. Testa, 143 Ohio St.3d
371, 2015-Ohio-1775.
2014-1318 and 2014-1554. State v. Christian,
143 Ohio St.3d 417, 2015-Ohio 3374.
2014-1364. State v. Weimer, 143 Ohio St.3d 418,
2015-Ohio-3378.
2014-1552. In re Application of Harper, 143 Ohio
St.3d 411, 2015-Ohio-3277.
2014-1608. State ex rel. Jackson v. Calabrese,
143 Ohio St.3d 409, 2015-Ohio2918.
2014-2153. Medina Cty. Bar Assn. v. Shirer, 143
Ohio St.3d 415, 2015-Ohio3289.
2014-2204. State v. Roper, 143 Ohio St.3d 419,
2015-Ohio-3379.
2015-0613. Cleveland Metro. Bar Assn. v. Schiff,
143 Ohio St.3d 1259, 2015Ohio-1808.
2015-1129. Disciplinary Counsel v. Gussler, 143
Ohio St.3d 1263, 2015-Ohio3131.
MOTION AND PROCEDURAL RULINGS
2014-1198. In re Application of Hardin Wind,
L.L.C.
Power Siting Board, No. 13-1177-EL-BGN. This
cause is pending before the court as an appeal
from the Power Siting Board.
Upon consideration of the agreed motion to stay
proceedings, it is ordered by the court that the
motion is granted. The parties shall notify the
court within 60 days from the date of this entry of
the status and whether the stay of proceedings
may be lifted.
2015-1054. FIP Realty Co., Ltd. V. Franklin Cty.
Bd. of Revision.
Board of Tax Appeals, Nos. 2014-1120 and 2014-
1121. This cause is pending before the court as
an appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to remand
the appeal to the Franklin County Board of
Revision in order to implement a settlement, it is
ordered by the court that the cause is remanded
to the Franklin County Board of Revision to take
further action as appropriate.
It is further ordered that mandates be sent to and
filed with the Board of Tax Appeals and the
Franklin County Board of Revision.
DISCIPLINARY CASES
2008-1238. Columbus Bar Assn. v. Dice. 2
It is ordered by this court, sua sponte, that Daniel
Sean Dice, Attorney Registration No. 0069476,
last known business address in Atlanta, Georgia,
is found in contempt for failure to comply with this
court’s order of December 30, 2008, to wit: failure
to file an affidavit of compliance on or before
January 29, 2009.
MAHONING COUNTY PROSECUTOR OFFICE
ARRAIGNMENTS – TUESDAY, NOVEMBER 3,
2015-9:00 AM
JUDGE R. SCOTT KRICHBAUM
15 CR 865SHANNON JORDANCOUNT ONE
AMENDOLARA
IMPROPERLY DISCHARGING A FIREARM AT
OR
INTO A HABITATION
R.C.2923.161(A)(1)(C) F-2
FIREARM SPECIFICATION R.C.2941.145(A)
COUNT TWO
CRIMINAL DAMAGING
R.C.2909.06(A)(1)(B) M-1
15 CR 925NORMAN D. RODRIGUEZCOUNT
ONERUDZIK
POSSESSION OF DRUGS
R.C.2925.11(A)(C)(2)(a) F-5
COUNT TWO
DRIVING UNDER SUSPENSION
R.C.4510.11(B)(D)(1) M-1
15 CR 931THOMAS WELSHCOUNT ONEFEHR
ASSAULT R.C.2903.13(A)(C)(5) F-4
COUNT TWO
RESISTING ARREST R.C.2921.33(B)(D) M-1
15 CR 932RODERICK WEAVERBURGLARY
R.C.2911.12(A)(2)(D) F-2CASSESE
15 CR 942WILLIAM J. MCCULLOCHCOUNT
ONEGARDNER
TAMPERING WITH EVIDENCE
R.C.2921.12(A)(1)(B) F-3
COUNT TWO
RECEIVING STOLEN PROPERTY
R.C.2913.51(A)(C) F-4
COUNT THREE
ILLEGAL USE OR POSSESSION OF DRUG
PARAPHERNALIA R.C.2925.14(C)(1)(F) M-4
15 CR 952JAMARIOUS ABRAMSCOUNT ONE
VERKHLIN
ANDBREAKING AND ENTERING
WILLIE COWANR.C.2911.13(A)(C) F-5KLIMIS
COUNT TWO
POSSESSING CRIMINAL TOOLS
R.C.2923.24(A)(C) F-5
15 CR 965SAMANTHA NICOLE MANDATHEFT
R.C.2913.02(A)(1)(B)(1)(2) F-5RICH
15 CR 967JOHN C. STEELE, IIIPASSING BAD
CHECKSR.INGRAM
R.C.2913.11(B)(F) F-5
15 CR 969JEREMY G. MARZIALECOUNT ONE
DOUGLASS
OVI R.C.4511.19(A)(1)(a)(G)(1)(e) F-3
COUNT TWO
OVI R.C.4511.19(A)(1)(h)(G)(1)(e) F-3
15 CR 974JEREMY THOMASCOUNT ONE
LIMBIAN
FELONIOUS ASSAULT
R.C.2903.11(A)(1)(D) F-2
COUNT TWO
FELONIOUS ASSAULT
R.C.2903.11(A)(2)(D) F-2
15 CR 976BRANDON CLINKSCALECOUNT ONE
J.INGRAM
FAILURE TO COMPLY WITH ORDER OR
SIGNAL OF POLICE OFFICER
R.C.2921.331(B)(C)(5)(a)(ii) F-3
COUNT TWO
OBSTRUCTING OFFICIAL BUSINESS
R.C.2921.31(A)(B) M-2
15 CR 977YASHIEYA COLVINPOSSESSION OF
HEROINMASZCZAK
R.C.2925.11(A)(C)(6)(a) F-5
15 CR 978MATTHEW RANDALLRECEIVING
STOLEN PROPERTYDIMARTINO
R.C.2913.51(A)(C) F-4
DIRECTCHAD R. DALEYCOUNTS ONE
THROUGH SIXTEEN
PRESENTANDUNLAWFUL SEXUAL CONDUCT
WITH A MINOR
MENTCHADWICK A. TATARKAR.C.2907.04(A)
(B)(1)( f-4
15 CRCOUNT SEVENTEEN
RAPE R.C.2907.02(A)(1)(b)(B) Felony/Life
COUNTS EIGHTEEN, NINETEEN AND TWENTY
UNLAWFUL SEXUAL CONDUCT WITH A MINOR
R.C.2907.04(A)(B)(1) F-4
DIRECTKEYLA M. GARRIGACOUNTS ONE AND
TWO
PRESENTFELONIOUS ASSAULT
MENTR.C.2903.11(B)(1)(D) F-2
15 CR
DIRECTRONALD D. GIBSONCOUNT ONE
PRESENTVOYEURISM R.C.2907.08(C)(E)(5) F-
5
MENTCOUNT TWO
15 CRGROSS SEXUAL IMPOSITION
R.C.2907.05(A)(4)(C)(2) F-3
COUNT THREE
RAPE R.C.2907.02(A)(2)(B) F-1
COUNT FOUR
GROSS SEXUAL IMPOSITION
R.C.2907.05(A)(1)(C)(1) F-4
COUNT FIVE
RAPE R.C.2907.02(A)(1)(c)(B) F-1
COUNT SIX
GROSS SEXUAL IMPOSITION
R.C.2907.05(A)(5)(C)(1) F-4
DIRECTKELLY ARMOURFORGERY
PRESENTR.C.2913.31(A)(3)(C)(1) F-5
MENT
15 CR
DIRECTFRANK R. CONSIGLIOPOSSESSION
OF HEROIN
PRESENTR.C.2925.11(A)(C)(6)(a) F-5
MENT
15 CR
CASE ANNOUNCEMENTS
October 23, 2015
[Cite as 10/23/2015 Case Announcements, 2015-
Ohio-4393.]
MOTION AND PROCEDURAL RULINGS
2015-1555. Mangelluzzi v. Morley.
Cuyahoga App. No. 102272, 2015-Ohio-3143.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellant’s motion to
refer matter to mediation, it is ordered by the court
that the motion is denied.
MEDIATION MATTERS
The following cases have been referred to
mediation pursuant to S.Ct.Prac.R. 19.01(A):
2015-1469. Ortega v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4284.
2015-1559. 422 Sycamore Entertainment, L.L.C.
v. Testa.
Board of Tax Appeals, No. 2014-1023.
2015-1564. Amanda Bent Bolt Co. v. Indus.
Comm.
Franklin App. No. 14AP-295, 2015-Ohio-3487.
2015-1599. O.B. v. Spon.
In Mandamus.
2015-1608. Zillow v. Bosel.
In Mandamus.
2015-1678. Columbus City Schools Bd. of Edn. v.
Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2014-4335 and 2014-
4336.
The following cases have been returned to the
regular docket pursuant to S.Ct.Prac.R. 19.01(E).
The appellants in each case shall file a brief within
40 days of the date of these entries, and the
parties shall otherwise proceed in accordance
with S.Ct.Prac.R. 16.02 through 16.07. As
provided in S.Ct.Prac.R. 16.07, the court may
dismiss these cases or take other action if the
parties fail to timely file merit briefs.
2015-0036. State ex rel. Camaco, L.L.C. v. Albu.
Franklin App. No. 13AP-1002, 2014-Ohio-5330.
2015-1065. MDM Holdings, L.L.C. v. Cuyahoga
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2015-60.
2015-1386. Pavilonis v. Cuyahoga Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2014-4517.
10-23-15
CASE ANNOUNCEMENTS
October 22, 2015
[Cite as 10/22/2015 Case Announcements, 2015-
Ohio-4364.]
MERIT DECISIONS WITH OPINIONS
2014-1555. In re Application of Libretti, Slip
Opinion No. 2015-Ohio-4338.
On Report by the Board of Commissioners on
Character and Fitness, No. 563. Joseph Victor
Libretti’s pending application to register as a
candidate for admission to the practice of law is
disapproved, and he is forever precluded from
reapplying for the privilege of practicing law in this
state.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger,
and Kennedy, JJ., concur.
French and O’Neill, JJ., concur in part and dissent
in part.
2014-2053. State ex rel. Black v. Forchione, Slip
Opinion No. 2015-Ohio-4336.
Stark App. No. 2014CA00129, 2014-Ohio-4560.
Judgment affirmed.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French, and O’Neill, JJ.,
concur.
2015-0301. Lorain Cty. Bar Assn. v. Nelson, Slip
Opinion No. 2015-Ohio-4337.
On Certified Report by the Board of Professional
Conduct, No. 2014-003. Kenneth Allen Nelson,
Attorney Registration No. 0075834, is hereby
publicly reprimanded.
O’Connor, C.J., and Pfeifer, O’Donnell,
Lanzinger, Kennedy, French, and O’Neill, JJ.,
concur.
MOTION AND PROCEDURAL RULINGS
2015-0077. State v. Pittman.
Marion App. No. 9-13-65, 2014-Ohio-5001. This
cause is pending before the court on the
certification of a conflict by the Court of Appeals
for Marion County.
Upon consideration of the joint motion of
appellant, State of Ohio, and amicus curiae, Ohio
Attorney General Michael DeWine, for divided
oral-argument time, it is ordered by the court that
the motion is granted. Amicus curiae shall share
the time allotted to appellant.
2015-0629. State v. Richardson.
Montgomery App. No. 26191, 2015-Ohio-757.
This cause is pending before the court as an
appeal from the Court of Appeals for Montgomery
County.
Upon consideration of appellee’s amended
motion for appointment of counsel, it is ordered by
the court that the motion is granted and Adam
Arnold is appointed to represent appellee.
2015-1048. State v. Richardson.
Montgomery App. No. 26191, 2015-Ohio-757.
This cause is pending before the court on the
certification of a conflict from the Court of Appeals
for Montgomery County.
Upon consideration of appellee’s amended
motion for appointment of counsel, it is ordered by
the court that the motion is granted and Adam
Arnold is appointed to represent appellee.
2015-1310. Cook v. State.
Allen App. No. 1-15-21. This cause is pending
before the court as an appeal from the Court of
Appeals for Allen County.
Upon consideration of appellant’s amended
motion for appointment of counsel, it is ordered by
the court that the motion is denied.
2015-1362. In re Application of Mikulin.
This matter is pending before the court upon the
filing of a report by the Board of Commissioners
on Character and Fitness. On September 28,
2015, applicant filed a motion to seal the record.
Upon consideration thereof, it is ordered by the
court that the motion to seal the record is denied.
2015-1440. Trumbull Cty. Bar Assn. Certified
Grievance Commt. v. Roland.
This matter is pending before the court upon the
filing of a motion to show cause by relator,
Trumbull County Bar Association Certified
Grievance Committee. On September 24, 2015,
this court granted the motion to the extent that
respondent was ordered to file a response why he
should not be held in contempt. Respondent did
not file a response, and this cause was
considered by the court.
Upon consideration thereof, it is ordered by this
court that respondent, David Keith Roland, is
found in contempt of this court. It is further
ordered by the court 2 10-22-15 that respondent
shall produce his responses to relator’s discovery
requests and shall comply with the orders issued
by the Board of Professional Conduct.
2015-1591.
In re Grand Jury Proceedings of John Doe.
Mahoning App. No. 14 MA 73. This cause is
pending before the court as a jurisdictional
appeal.
Upon consideration of the motions for
admission pro hac vice of George A. Stamboulidis
and Martin G. Weinberg, it is ordered by the court
that the motions are granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
DISCIPLINARY CASES
2015-0128. Disciplinary Counsel v. Robinson.
On order to show cause. Ronald Robinson,
Attorney Registration No. 0029934, is indefinitely
suspended from the practice of law.
2015-1424. In re Resignation of Denicola.
On application for resignation from the practice of
law of Ronald John Denicola, Attorney
Registration No. 0022593, and on report filed
under seal by disciplinary counsel. Resignation
accepted with disciplinary action pending.
2015-1438. In re Resignation of McArdle.
On application for resignation from the practice of
law of Thomas Joseph McArdle, Attorney
Registration No. 0038799, and on report filed
under seal by disciplinary counsel. Resignation
accepted with disciplinary action pending.
2015-1526. In re Resignation of Fairfax.
On application for resignation from the practice of
law of Terence Joseph Fairfax, Attorney
Registration No. 0068358, and on report filed
under seal by disciplinary counsel. Resignation
accepted with disciplinary action pending.
October 16, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
FREDRICK MCCANTS, 54, 2542 Indiana Way
NE, Canton - Felonious Assault
FORREST L. NEISWANGER, 45, 1852 Lincoln
Ave., #19, Salem - Aggravated Possession of
Drugs
LINDA N. KIRKSEY, 65, 643 Alan Page Dr. #2,
Canton - Felonious Assault; Domestic Violence
MARK BEE MINNEY, 29, 642 Guy St. NW,
Massillon - Possession of Drugs
PRINCE HUTTO, 37, 4511 Tioga NW #4, Canton
- Domestic Violence; Violating a Protection Order;
Intimidation of an Attorney, Victim, or Witness in a
Criminal Case
KEVIN JAMES WOMACK, 31, 409 McKinley Ave.
SW, Massillon - Aggravated Possession of Drugs
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
SCOTT R. JONES, 35, 22765 Alden Ave.,
Alliance - Menacing by Stalking; Domestic
Violence
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
October 19, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
BENJAMIN M. ROBINSON, 24, 2156 Westwood
Ct., Apt. 17; Alliance - Criminal Trespass
JOSEPH E. CONLEY, 32, 538 Trump Rd.,
Hartville - Receiving Stolen Property, Grand Theft
of a Motor Vehicle
SHAWN M. THOMAS, 1835 S. Freedom; Alliance
- Theft
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
GARY M. KNORZER, 59, 2227 Bollinger Ave.,
NE; Canton - Forgery
RALPHIEL S. PATTERSON, 29, 705 Union St.,
SW: Canton - Intimidation of an Attorney, Victim or
Witness in a Criminal Case
OHIO COURT CASE ANNOUNCEMENTS
October 19, 2015
MOTION AND PROCEDURAL RULINGS
2014-1862. State v. Myers.
Warren C.P. No. 14CR29826. This cause is
pending before the court as a death-penalty
appeal from the Court of Common Pleas of
Warren County.
Upon consideration of appellant’s motion to strike
the court’s June 22, 2015 notice of filing the
record, motion to complete the record, and motion
to order the Warren County Common Pleas Court
clerk to complete the record, it is ordered by the
court that the motion to strike the notice of filing
the record is granted, and the motions to
complete the record and to order the Warren
County Common Pleas Court clerk to complete
the record are granted in part.
It is ordered by the court that the Warren County
Common Pleas Court clerk shall supplement the
record within 20 days of the date of this entry with
items numbered 1 through 16 and 18, as
identified in appellant’s October 2, 2015 notice of
documents missing from the record.
It is further ordered that upon the filing of items 1
through 16 and 18, the clerk of this court shall
issue a new notice of filing of the record and the
briefing schedule in the case shall be reset, with
appellant’s brief due as calculated from the new
notice of filing of the record. Briefing shall then
proceed as provided for by the Rules of Practice
of the Supreme Court.
It is further ordered that appellant shall show
cause within 20 days of the date of this entry why
the “grand jury testimony/transcription” (identified
as item number 17 in appellant’s October 2, 2015
notice of documents missing from the record)
should be made part of the record on appeal in
this case. Appellee may file a reply to appellant’s
response to the show-cause order within ten days
of the filing of appellant’s response. The court’s
decision on whether to order that the grand jury
testimony/transcription be made part of the record
on appeal shall not affect the briefing schedule in
this case.
2015-1607. State v. Williams.
Lorain App. No. 14CA010641, 2015-Ohio-3932.
This cause is pending before the court as a
jurisdictional appeal.
Upon consideration of appellee’s motion for
appointment of counsel, it is ordered by the court
that the motion is granted and Jonathan N. Garver
is appointed to represent appellee.
DISCIPLINARY CASES
2015-1673. In re Hayman.
On certified entry of felony conviction. Edward
Donald Hayman, Attorney Registration No.
0001128, is suspended from the practice of law
for an interim period, effective as of the date of
this enTry
CASE ANNOUNCEMENTS
October 16, 2015
[Cite as 10/16/2015 Case Announcements, 2015-
Ohio-4286.]
MOTION AND PROCEDURAL RULINGS
2014-1267. State ex rel. Maddox v. Lincoln
Heights.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of the joint motion for stay of
briefing schedule, it is ordered by the court that
the motion is granted. The briefing schedule in
this case is stayed pending further order of this
court.
CASE ANNOUNCEMENTS October 15, 2015
[Cite as 10/15/2015 Case Announcements, 2015-
Ohio-4269.]
MOTION AND PROCEDURAL RULINGS
2011-0890. State ex rel. DeWine v. GMAC Mtge.,
L.L.C.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Western
Division, Nos. 3:10-CV-02537-JZ and 1:10-CV-
02709-JZ. This cause is pending before the court
on the certification of a state-law question from
the United States District Court for the Northern
District of Ohio, Western Division.
It is ordered by the court, sua sponte, that the
parties shall file a notice advising this court of the
status of the bankruptcy case within 14 days of
the date of this entry.
2014-1290. In re Comm. Rev. of Ohio Adm.Code
Chapter 4901:1-10 regarding Elec. Cos.
Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as
an appeal from the Public Utilities Commission of
Ohio.
Upon consideration of the joint status report, it is
ordered by the court that the stay of the briefing
schedule is hereby extended. The parties shall
notify the court within 60 days from the date of
this entry of the status and whether the stay may
be lifted.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
October *, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JERRY GARNER, 26, 1426 Louisiana Ave., NW;
Canton – Improperly Handling Firearm in Motor
Vehicle; Operating a Motor a Vehicle While Under
the Influence of Alcohol, a Drug of Abuse or a
Combination of Them
KEITH ALLEN BROAD, 45, 4212 34th St., NE;
Canton – Aggravated Possession of Drugs
JUDY ANN BENNETT, 46, 9137 Nelson Lane,
Malvern – Forgery
ADAM HENRY MOORE, 19, 2923 Fletcher Ave.,
NE; Canton – Kidnapping (with repeat violent
offender specification); Felonious Assault (with
repeat violent offender specification), Failure to
Comply with an Order or Signal of a Police Officer
GREGORY MICHAEL SMITH, 43, 1816
Clarendon Ave., NW; Canton – Attempt to Commit
an Offense (Breaking and Entering); Possession
of Criminal Tools
SHAKIA NICOLE TORRES, 25, 225 Mesabi St.,
Sharon, PA – Theft
DELSHAWN L. TORRES, 26, 545 Highland St.,
Warren - Theft
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
ANITA ANN RANDLE, 53, 1801 Spring Ave., NE;
#306; Canton – Domestic Violence
JOANNA L. FELICETTY, 36, 580 E. Perry St.,
Salem – Illegal Conveyance of Weapons or
Prohibited Items onto Detention Facility or
Institution; Possession of Drugs
JASSEN WILLIAM BARNES, 21, 326 W. Ely St.,
Alliance – Unlawful Sexual Conduct with a Minor
OHIO SUPREME COURT
CASE ANNOUNCEMENTS
October 14, 2015
[Cite as 10/14/2015 Case Announcements, 2015-
Ohio-4244.]
MOTION AND PROCEDURAL RULINGS
2014-0882. Groveport Madison Local Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, No. 2012-146. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the joint motion to
consolidate with case Nos. 20140884 and 2014-
1032 for oral argument, it is ordered by the court
that the motion is granted.
2014-0884. South-Western City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2012-144 and 2012-
145. This cause is pending before the court as an
appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to
consolidate with case Nos. 20140882 and 2014-
1032 for oral argument, it is ordered by the court
that the motion is granted.
2014-1032. Lutheran Servs. of Cent. Ohio Village
Hous., Inc. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2012-386 and 2012-
387. This cause is pending before the court as an
appeal from the Board of Tax Appeals.
Upon consideration of the joint motion to
consolidate with case Nos. 20140882 and 2014-
0884 for oral argument, it is ordered by the court
that the motion is granted.
MISCELLANEOUS DISMISSALS
2015-1264. Turner v. Roy.
Cuyahoga App. No. 102720, 2015-Ohio-2958.
This cause is pending before the court as an
appeal from the Court of Appeals for Cuyahoga
County. The records of this court indicate that
appellant has not filed a merit brief, due October
5, 2015, in compliance with the Rules of Practice
of the Supreme Court of Ohio and therefore has
failed to prosecute this cause with the requisite
diligence.
Upon consideration thereof, it is ordered by the
court that this cause is dismissed.
It is further ordered that a mandate be sent to and
filed with the clerk of the Court of Appeals for
Cuyahoga County.
2 10-14-15
Domestic Relations and Juvenile Forms Now
Translated in Five Languages
To benefit limited English proficient Ohioans, the
Ohio Supreme Court has translated more than
two dozen domestic relations and juvenile forms
in five additional languages. The translated forms
allow parties to have a better understanding of
court cases involving children and families.
Besides English, the forms are now also available
in the most used languages in Ohio, including
Spanish, Russian, French, Chinese, and Arabic.
When individuals need a domestic relation form in
one of these languages, they can click on “Select
Another Language.” There they can find both a
Word document and PDF file in the languages.
Stephanie Graubner Nelson, the Ohio Supreme
Court’s Children & Families Section manager, said
having the Domestic Relations and Juvenile
Standardized Forms translated into different
languages allows all courts across the state to
use the same standardized forms for those who
don’t speak English as their first language.
“The Supreme Court of Ohio is working on all
fronts, Domestic Violence, Children and Families,
and Language Services to make justice
accessible for all the families in the State of Ohio,”
Chief Justice Maureen O’Connor said.
These forms are in addition to the Language
Services Program Forms Translation Project that
made 27 common court forms available in five
languages including Arabic, Chinese, Russian,
Somali, and Spanish. These forms are
recommended to be used by the parties to
enhance their understanding of legal information
and also to advance the work of court interpreters
by allowing them to provide the same precise
information to everyone.
CASE ANNOUNCEMENTS
October 12, 2015
[Cite as 10/12/2015 Case Announcements, 2015-
Ohio-4207.]
SLIP OPINIONS REPLACED BY OHIO OFFICIAL
REPORTS VERSIONS AS OF OCTOBER 12,
2015
The official versions of the opinions listed below,
which were previously released as slip opinions,
have been published in the October 12, 2015
Ohio Official Reports advance sheet. These
opinions should now be cited using the Ohio
Official Reports citation format.
2013-1169. State ex rel. Simpson v. State
Teachers Retirement Bd., 143 Ohio St.3d 307,
2015-Ohio-149.
2013-1671 and 2013-1795. Infinite Sec.
Solutions, L.L.C. v. Karam Properties II, Ltd., 143
Ohio St.3d 346, 2015-Ohio-1101.
2013-1710. Ginter v. Auglaize Cty. Bd. of
Revision, 143 Ohio St.3d 340, 2015Ohio-2571.
2013-1885. Cleveland Metro. Bar Assn. v. Brown,
143 Ohio St.3d 333, 2015Ohio-2344.
2013-1963. J & C Marketing, L.L.C. v. McGinty,
143 Ohio St.3d 315, 2015Ohio-1310.
2014-0197. Disciplinary Counsel v. Smith, 143
Ohio St.3d 325, 2015-Ohio-1304.
2014-0678. State ex rel. Tradesmen Internatl. v.
Indus. Comm., 143 Ohio St.3d 336, 2015-Ohio-
2342.
2014-0795. Ohio Bur. Of Workers’ Comp. v.
McKinley, 143 Ohio St.3d 370,
2015-Ohio-2927. 2014-0874. Metamora Elevator
Co. v. Fulton Cty. Bd. of Revision, 143 Ohio St.3d
359, 2015-Ohio-2807.
2014-1497. Toledo Bar Assn. v. VanLandingham,
143 Ohio St.3d 328, 2015Ohio-1622.
2014-1663. State ex rel. Elkins v. Fais, 143 Ohio
St.3d 366, 2015-Ohio-2873.
2014-1743.
Disciplinary Counsel v. Costabile, 143 Ohio St.3d
331, 2015-Ohio2082.
2014-1755. Disciplinary Counsel v. Freeman, 143
Ohio St.3d 1251, 2015-Ohio
2777..
2014-1850. State ex rel. Reeves v. Chief of
Police, Cedar Point Police Dept., 143
Ohio St.3d
368, 2015-Ohio-2909.
2015-0919. In re Resignation of Lape, 143 Ohio
St.3d 1248, 2015-Ohio-2693.
2015-1059. In re Resignation of Cosgrove, 143
Ohio St.3d 1253, 2015-Ohio
2778.
2015-1200. In
re Whitt, 143 Ohio St.3d 1256, 2015-Ohio-2947.
15-AP-027. In re Disqualification of First Dist.
Court of Appeals, 143 Ohio
St.3d 1245, 2015-Ohio-2834.
15-AP-032. In re
Disqualification of Sutula, 143 Ohio St.3d 1244,
2015-Ohio2822.
MOTION AND PROCEDURAL RULINGS In re
Sultaana. On August 26, 2015, this court found
Hakeem Sultaana to be a vexatious litigator under
S.Ct.Prac.R. 4.03(B). This court further ordered
that Sultaana was prohibited
2 10/12/2015
from continuing or instituting legal proceedings in
this court without first obtaining leave. On
October 7, 2015, Sultaana submitted a motion to
stay and “leave request.”
It is ordered by the court that the request for leave
is denied.
2015-0545. Lutz v. Chesapeake Appalachia,
L.L.C.
Certified Question of State Law, United States
District Court, Northern District of Ohio, Eastern
Division, No. 4:09-CV-2256. This cause is here
on the certification of a state-law question from
the United States District Court for the Northern
District of Ohio, Eastern Division.
Upon consideration of respondents’ motion for
leave to file substitute merit brief, it is ordered by
the court that the motion is denied.
2015-1381. State ex rel. Gibson v. Sloan.
Ashtabula App. No. 2014-A-0073, 2015-Ohio-
3088. This cause is pending before the court as
an appeal from the Court of Appeals for Ashtabula
County.
Upon consideration of appellant’s motion for
supplementation of the record, it is ordered by the
court that the motion is denied.
NEWS RELEASE
From the Office of:
JOHN D. FERRERO
Prosecuting Attorney, Stark County, Ohio
October 6, 2015
John D. Ferrero, Stark County Prosecuting
Attorney, announced the Grand Jury reported an
Indictment against the following individual(s):
JAMES A. GEORGE, 34, 326 W. Ely St., Alliance
- Menacing; Violating a Protection Order, 2 Cts.
KAULA NR JONES, 25, 117 Marlyand Ave. SW,
Canton - Felonious Assault; Domestic Violence;
Endangering Children 2 Cts.
DARION MONTEX MURRAY, 23, 1714 Sandwith
Ave. SW, Canton - Improperly Discharging
Firearms into a Habitation; Improperly
Discharging Firearms in a Motor Vehicle
MICHAEL SOKOLOUSKY, 43, 1360 S. Seneca
Ave., Alliance - Domestic Violence; Obstructing
Official Business
WADE ALLAN BOWMAN, 27, 657 N. Walnut St.,
Alliance - Telecommunications Harassment, 2
Cts.; Domestic Violence, 2 Cts.
VINCENT C. BLANC, 19, 1628 Woodland Ave.
NW, Canton - Domestic Violence
MARQUEL DERAY HILL, 21, 1213 9th St. NW,
Canton - Domestic Violence; Obstructing Official
Business
DONTARIO LAMONT SNELL, 28, 417 Lincoln
Ave. NW, Canton - Having Weapons Under
Disability; Using Weapons While Intoxicated
SHONTEZ CURTIS HALL, 27, 1705 Oakmont St.
NW, Canton - Domestic Violence
In its report, the Grand Jury reported that they had
voted No-Bill on the following individual(s):
JOHN CAL TERRELL, 35, 1236 Maryland Ave.
SW, Canton - Domestic Violence
ANTHONY DARRELL NELSON, 36, 131 17th St.
NW, #6, Canton - Domestic Violence
MATTHEW C. MULL, 43, 660 S. Mechanic Ave.,
Alliance - Domestic Violence; Burglary
RONALD CHARLES HUTTON, 47, 3416 9th St.
SW, Canton - Domestic Violence 2 Cts.
CASE ANNOUNCEMENTS October 9, 2015
[Cite as 10/09/2015 Case Announcements, 2015-
Ohio-4194.]
MOTION AND PROCEDURAL RULINGS
2014-1122. State ex rel. Clough v. Franklin Cty.
Children’s Servs.
In Mandamus. This cause originated in this court
on the filing of a complaint for a writ of
mandamus.
Upon consideration of relator’s motion for leave to
redact original documents, it is ordered by the
court that the motion is granted. The redacted
versions of exhibits F and K shall replace the
original versions filed in the case.
2015-1157. Nascar Holdings, Inc. v. Testa.
Board of Tax Appeals, No. 2015-263. This cause
is pending before the court as an appeal from the
Board of Tax Appeals.
Upon consideration of the motion for admission
pro hac vice of Mark F. Sommer, it is ordered by
the court that the motion is granted. Pursuant to
Gov.Bar R. XII(4), counsel shall file a notice of
permission to appear pro hac vice with the
Supreme Court’s Office of Attorney Services
within 30 days of the date of this entry.
2015-1622. Saint Paris v. Galluzzo.
Champaign App. No. 2014-CA-29, 2015-Ohio-
3385. This cause is pending before the court as a
jurisdictional appeal.
Review of appellant’s memorandum in support of
jurisdiction reveals that it fails to comply with
S.Ct.Prac.R. 7.02(B)(1), which requires that a
memorandum “shall not exceed fifteen numbered
pages, exclusive of the table of contents and
certificate of service.” Therefore, it is ordered by
the court, sua sponte, that pages 8 through 18 of
the memorandum in support of jurisdiction are
stricken, as they are in excess of the 15-page limit
imposed on content for a memorandum in support
of jurisdiction.
Ready