Volume 160 — Ohio State Reports, Third Series

Court of appeals' judgment reversed on the authority of State v. Davis and cause remanded.

Mandamus—In original action for writ of mandamus, issue raised for first time in objections to magistrate's decision, without having appeared in the complaint, has been waived—Court of appeals' judgment granting summary judgment to respondents affirmed.

Tort—Punitive damages—Attorney fees—A strong presumption exists that the reasonable hourly rate multiplied by the number of hours worked, the "lodestar," is the proper amount for an attorney-fee award—Enhancements to a lodestar should be granted rarely—Enhancements are appropriate when an attorney produces objective and specific evidence that enhancement is necessary to account for a factor not already subsumed in the lodestar calculation—A trial court has discretion to modify the presumptive calculation of attorney fees (the reasonable hourly rate multiplied by the number of hours worked), but any modification must be accompanied by a rationale justifying the modification.

Township zoning—R.C. 519.21(A)—Exemption for viticulture—Buildings used primarily for vinting and selling wine—Court of appeals' judgment affirmed.

Judges—Magistrates—Misconduct—Jud.Cond.R. 1.2, 2.9(A), and 2.11(A)—The Code of Judicial Conduct applies to magistrates as well as judges—Six-month suspension, fully stayed on conditions.

Habeas corpus—Res judicata—Habeas corpus may not be used to gain successive review of the same issue—Court of appeals' grant of summary judgment affirmed.

Traffic—R.C. 4549.02(A)(1)—Fleeing the scene of an accident—Registered number of a motor vehicle—When a driver subject to R.C. 4549.02(A)(1) gives his name and address and the registered number of the vehicle to the required recipients under R.C. 4549.02(A)(1)(a) and (b), the driver does not violate R.C. 4549.02(A)(1) by not providing that information to a police officer if the driver leaves the scene without knowing that the police have been alerted of the accident—The "registered number" of a motor vehicle, as used in R.C. 4549.02(A)(1), is the license-plate number associated with the vehicle.

Court of appeals' judgment reversed on the authority of State v. Dangler and cause remanded.

Workers' compensation—R.C. 4123.52—Continuing jurisdiction of the Industrial Commission—Under the plain language of R.C. 4123.52(A), the Industrial Commission did not abuse its discretion by invoking its continuing jurisdiction after the time for an appeal under R.C. 4123.512(A) had passed—Court of appeals' judgment reversed and writ of mandamus denied.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including failing to act with reasonable diligence in representing a client—Two-year suspension with final 18 months conditionally stayed.

Court of appeals' judgment reversed on the authority of State v. Dangler and cause remanded.

Mandamus—Inmate had adequate remedy at law to assert his claims by way of appeal—Court of appeals' dismissal of petition affirmed.

Criminal Law—Aggravated murder—Capital convictions and death sentences affirmed.

Political-subdivision liability—Former R.C. 2744.07(A)(2), now R.C. 2744.07(B)—The right to indemnification set forth in R.C. 2744.07 may be asserted only by an employee of a political subdivision—Court of appeals' judgment affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Six-month suspension, fully stayed on condition.

Elections—Mandamus—Writ of mandamus sought to compel school board to certify school-district-transfer proposal to county board of elections for placement on August 4, 2020 special-election ballot and writ of mandamus sought to compel board of elections to place transfer proposal on special-election ballot—Under R.C. 3311.242(B), a school board must "promptly" certify a transfer proposal that has been certified by a county board of elections under R.C. 3311.242(C) as having sufficient signatures back to the county board of elections for placement on the ballot—Writ granted as to school board and writ denied as to board of elections.

Court of appeals' judgment reversed on the authority of State v. Howard and cause remanded.

Judgment reversed on the authority of State v. Miller, convictions reinstated, and cause remanded.

Court of appeals' judgment affirmed on the authority of State v. Buttery.

Mandamus—A complaint should not be dismissed based on a clerk's error not caused by party that filed complaint—Court of appeals' dismissal of complaint for inmate's alleged failure to file affidavit of prior actions required by R.C. 2969.25(A) reversed and cause remanded.

Habeas corpus—Inmate's claims are not cognizable in habeas corpus—Court of appeals' dismissal of complaint affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including failing to promptly deliver funds or other property that a client or a third party is entitled to receive—Indefinite suspension.

On certified report by the board of professional conduct.

On certification of default.

On motion for immediate interim remedial suspension.

On certification of default.

Probate—Competency of witnesses to a noncompliant will—Ohio's voiding statute applies to both wills executed in compliance with formal requirements and those that fail to adhere to them—Judgment reversed in part and cause remanded.