Volume 165 — Ohio State Reports, Third Series

Attorneys—Character and fitness—Application to register as a candidate for admission to the practice of law—Delinquent-child adjudication—Pending registration application approved.

Elections—Prohibition—Writ of prohibition sought to prevent board of elections from placing mayoral candidate's name on the May 4, 2021 primary-election ballot—Relator failed to show that the board abused its discretion or clearly disregarded applicable law by accepting candidate's nominating petitions with circulator statements that were not in the form of sworn affidavits but did substantially comply with the nominating-petition form prescribed by the city charter—Writ denied.

Mandamus—Prohibition—Relator not entitled to relief in mandamus when trial court has already disposed of motions relator seeks to compel the trial court to rule on—Relator not entitled to writ of prohibition when trial court did not patently and unambiguously lack subject-matter jurisdiction over foreclosure action—Court of appeals' judgment dismissing petition affirmed.

Mandamus—R.C. 2953.13—There is no justification for granting a writ of mandamus to compel an inmate's transfer to county jail when the trial court is ordered to issue an amended judgment entry on remand to correct a sentencing error and there will be no resentencing hearing—Compliance with R.C. 2953.13 will not compel a vain act —Court of appeals' dismissal of writ affirmed.

Constitutional law—Fourth Amendment—Investigative stop—Police officer had reasonable suspicion to briefly detain suspect in order to confirm or dispel an unidentified witness's assertion that suspect was operating a motor vehicle while intoxicated—Court of appeals' judgment upholding trial court's order granting motion to suppress reversed.

Mandamus—R.C. 2935.09(D)—Affidavits charging criminal conduct and seeking issuance of warrants filed with county prosecutor's office and city—Writ of mandamus sought to compel prosecution under charging affidavits—Summary judgment as to county prosecutor's office under Civ.R. 56(C) proper when evidence insufficient to warrant prosecution under charging affidavits—Dismissal of mandamus complaint against the city under Civ.R. 12(B)(6) proper when county prosecutor was already investigating charging-affidavit allegations—Court of appeals' dismissal of complaint affirmed.

Taxation—Real-property valuation—R.C. 5713.03's requirement that a property be valued "as if unencumbered" at the time of an appraisal means that the property must be valued as if it were free of an encumbrance such as a lease, not that the property is vacant at the time of transfer—Court of appeals' judgment affirmed.

Attorneys—Misconduct—Multiple violations deemed admitted for failure to answer complaint—Interim default suspension terminated—Conditions for reinstatement—Conditionally stayed one-year suspension upon reinstatement with monitored probation.

Attorneys—Misconduct—Multiple violations—Failure to supervise nonlawyer employee—Improper financial assistance to clients—Failure to properly maintain records for the Interest on Lawyers Trust Account ("IOLTA")—Improper commingling of personal funds with client funds in the IOLTA—Improper use of the IOLTA—Failure to safeguard IOLTA funds and timely remedy unauthorized access to the IOLTA—One-year suspension with six months conditionally stayed—Condition on reinstatement—One-year of monitored probation upon reinstatement.

Mandamus—Writ of mandamus sought to compel a village clerk to certify to a board of elections the sufficiency and validity of an initiative petition or to compel the board of election to place the initiative directly on the November 2021 ballot—Relators filed to establish that they filed the petition with the proper official and thus failed to establish a clear legal right to the relief sought—Writ denied.

Unauthorized practice of law—Permanent injunction issued and civil penalty imposed.

Elections—Mandamus—Writ of mandamus sought to compel changes to ballot language for proposed amendment to city charter—Writ granted in part and denied in part and board of elections ordered to prepare and certify new ballot language relating to portion of proposed amendment.

Mandamus—Writ of mandamus sought to compel common pleas court to rule on appellant's motion to reinstate bail and set bail terms—A petition for a writ of habeas corpus is the proper cause of action to challenge the denial of bail—The remedy appellant seeks does not lie in mandamus—Court of appeals' dismissal of mandamus action affirmed.

Attorneys at law—Reciprocal discipline from the Supreme Court of Minnesota—Suspension from the practice of law with reinstatement conditioned on reinstatement by the Supreme Court of Minnesota—Gov.Bar R. V(11)(F)(4).

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. VI(11)(C).

On application for reinstatement.

Attorneys at law—Reciprocal discipline from the state of Michigan Attorney Discipline Board—Suspension from the practice of law with reinstatement conditioned on reinstatement by the state of Michigan Attorney Discipline Board—Gov.Bar R. V(11)(F)(4).