Volume 164 — Ohio State Reports, Third Series

Prohibition—Writ sought by county-court judge to prevent administrative judge of same court from enforcing entry vacating pay raises awarded by county-court judge—Administrative judge of county court patently and unambiguously lacked jurisdiction to issue entry vacating pay raises—Writ granted.

Criminal law—Aggravated murder—Findings of guilt and death sentence affirmed.

Administrative agency exceeded scope of its authority by adopting rule that requires mining operators to pay for damage to surface structures without regard to operator's having obtained surface-damage-liability waivers through coal-severance deeds—Former Ohio Adm.Code 1501:13 12 03(F) is invalid to the extent it exceeds federal law.

Prohibition—Compensation trial in eminent-domain proceeding cannot commence during pendency of property owner's R.C. 163.09(B)(3) appeal of appropriation decision—Writ granted.

Mandamus—Writ sought by public employee ordering retirement board to transfer her from one type of retirement plan to different type of plan—No provision in R.C. Chapter 145 establishes clear legal right for public employee to obtain relief sought or imposes clear legal duty on retirement board to grant it—Court of appeals' denial of writ affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Two-year suspension with conditions.

Prohibition—Subject-matter jurisdiction—Writ of prohibition sought to prevent enforcement of foreclosure judgment based on insufficient-service claims—Appellant had adequate remedy in ordinary course of law—Court of appeals' dismissal of writ affirmed.

Prohibition—Marsy's Law—Writ of prohibition is not appropriate remedy to challenge discovery order allowing court-supervised defense inspection of appellants' residence, because judge did not lack subject-matter jurisdiction to issue order—Appellants had adequate remedy in ordinary course of law by way of immediate appeal under R.C. 2505.02(B)(4)—Court of appeals' judgment granting judge's motion to dismiss affirmed.

Criminal law—Community-control sanctions—R.C. 2929.15(A)(1)—Tolling based on absconding—In order for an offender's community-control term to be tolled based on absconding, the state must initiate revocation proceedings prior to the expiration date of the offender's original community-control term—Judgment affirmed.

Taxation—Property tax—Current agricultural use valuation—Property owner failed to prove that tax commissioner abused his discretion in adopting land-valuation table—Decision of Board of Tax Appeals affirmed.

Mandamus—Grant funding for community schools under the Quality Community School Support ("QCSS") Program—Section 265.335 of H.B. 166—Definition of "in good standing" for community-school operators under the QCSS Program relates to operator's effectiveness, not corporate registration with the secretary of state—Writ granted as to Ohio Department of Education.

Habeas corpus—Erroneous inclusion of a postrelease-control sanction in a judgment entry of conviction does not render the sentencing entry void—Challenges to a sentencing error by a trial court are not cognizable in habeas corpus—Liability for court costs and personal-funds exemption from judgment execution under R.C. 2329.66(A) distinguished—Judgment dismissing petition for writ affirmed—Denial of motion to vacate judgment of court costs affirmed.

Statutes of limitations—Statutes of repose—Saving statutes—Plaintiff may not use the saving statute to refile a medical claim after the statute of limitations has expired if the statute of repose has expired—Judgment reversed.

Unauthorized practice of law—Providing services and advice in regard to a personal-injury settlement arising from a motor-vehicle accident—Default—Injunction issued and civil penalty imposed.

Mandamus—Elections—Action to compel secretary of state to appoint county political party's recommended qualified elector to the county election board—R.C. 3501.07—Secretary of state did not abuse his discretion in rejecting party's recommendation—Writ denied.

Attorneys—Character and fitness—Application for admission to practice of law without examination—Omissions and inconsistencies in application materials and inaccurate statements during application process—Pending application disapproved but applicant permitted to reapply in one year.

Elections—Mandamus—Writ of mandamus sought to compel county board of elections, secretary of state, and city council to change ballot language regarding proposed city charter amendment on the May 4, 2021 primary-election ballot—Ballot language stating that two funding sources for proposal are prohibited by state law are inappropriately argumentative because they are legal opinions on questions that the proposed amendment does not address—Writ granted in part and denied in part.

Corporations—Directors—Breach-of-fiduciary-duty claims—The business-judgment rule and the litigation privilege are separate concepts—Motions for judgment on the pleadings—Complaint was sufficient to state actionable claims that should not have been dismissed.

Mandamus—Public Records Act—A public office is required to make copies of public records available to any person upon request within a reasonable period of time—A person requesting public records shall be entitled to recover an award of statutory damages if a court determines that the public office or the person responsible for the public records failed to comply with an obligation in accordance with R.C. 149.43(B)—Writ granted.

Attorneys—Character and fitness—Application for admission to the practice of law without examination—Application disapproved and applicant permitted to reapply for admission without examination after one year.

Original actions—Mandamus—Mootness—Cause moot because judge provided relief sought by issuing requested judgment entry—Relators did not establish that issue involved is capable of repetition yet evading review—Writ denied.

Mandamus—Public-records law—Motion for stay moot—Prevailing party not entitled to attorney fees in a case in which the opposing party presented a rational position on an unsettled legal issue—No presumption of bad faith when party makes records available after mandamus case is filed but prior to an order of the court to do so—Failure to deliver public-records request by an authorized method obviates an award of statutory damages—Court costs granted—Attorney fees and statutory damages denied.

Criminal law—Aggravated murder—Findings of guilt and death sentence affirmed.

On certification of default.

On petition for reinstatement.