Volume 166 — Ohio State Reports, Third Series

Attorneys at law—Misconduct—Violations of the Rules of Professional Conduct— Making a false statement in a disciplinary investigation, engaging in deceitful conduct, and engaging in conduct that adversely reflects on fitness to practice law—Conditionally stayed six-month suspension.

Mandamus—Writ of mandamus sought to compel the board of elections to include a referendum on a zoning amendment on the November 2021 ballot—Brief summary of contents in a zoning-amendment petition pursuant to R.C. 519.12(H) that fails to summarize the contents of the zoning amendment passed by the township trustees or otherwise include the location of the property being rezoned and the zoning change does not fairly and accurately describe the issue being presented to persons being asked to sign the petition —Board of elections did not abuse its discretion or disregard clearly applicable law in sustaining an objection to the referendum petition—Writ denied.

Criminal law—Aggravated murder—Court of appeals reversed conviction on ground that the evidence was not sufficient to show that defendant acted with prior calculation and design—Judgment reversed.

Education—Community schools—Ohio State Board of Education's final determination that a community school must repay money in excess funding may not be appealed under R.C. Chapter 119—Court of appeals' judgment affirmed.

Attorneys—Misconduct—Code of Judicial Conduct—Violation of Jud.Cond.R. 1.2, requiring a judge to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and to avoid impropriety and the appearance of impropriety—Conditionally stayed six-month suspension.

Mandamus—Public Records Act—A legal-opinion letter from an attorney to a government client that has been voluntarily disclosed to a third party is no longer protected by attorney-client privilege and is therefore not exempt from public-records disclosure—Writ granted.

Attorneys—Misconduct—Violations of the Code of Judicial Conduct—Multiple violations arising from ex parte communications using social media—Conditionally stayed six-month suspension.

Mandamus and Prohibition—Mandamus is not available to challenge the insufficiency of evidence because the appellant had an adequate remedy at law by way of an appeal—Appellant's allegations fail to support a claim in prohibition because he did not establish that the trial-court judge patently and unambiguously lacked jurisdiction to hear his case—Appellant failed to state claims for which relief may be granted—Court of appeals' judgment dismissing complaint affirmed.

Appeal dismissed as having been improvidently accepted.

Mandamus—Standing—Relator lacks standing to bring mandamus action against a board of revision when he fails to allege that his property was the subject of an improper hearing by the board or that he has been personally harmed by the board's practices—Court of appeals' dismissal of complaint affirmed.

Public records—R.C. 149.43—Mandamus—Relator's request, which would require the records custodian to create a new record by searching for selected information, is an improper request under R.C. 149.43—Writ denied.

Habeas Corpus—Inmate's claim that he was convicted of an uncharged offense was an attack on the sufficiency of the indictment that is not cognizable in habeas corpus—Court of appeals' judgment dismissing complaint affirmed.

Mandamus—Petition seeking writ of mandamus to compel a board of zoning and building appeals to stay their approval of a development plan and hear the relators' appeals—Writ denied on the ground of mootness.

Power Siting Board—Natural-gas pipeline—R.C. 4906.10(A)—Certificate of environmental compatibility and public need—Determination approving construction, operation, and maintenance of a natural-gas pipeline was lawful, reasonable, and not manifestly against the weight of the evidence—Board did not misapply the statutory criteria, decide the issue on incomplete information, misweigh the evidence, or limit any parties' ability to meaningfully participate.

Insurance—Policy language is plain and unambiguous—Water-backup exclusion bars coverage for damage caused directly or indirectly by water that backs up or overflows from a sewer—Court of appeals' judgment reversed.

Habeas corpus—R.C. 2969.25—Petitioner's affidavit of indigency was not notarized and failed to include the balance of his inmate account or a statement of any cash or things of value that he owns—Court of appeals' judgment of dismissal affirmed.

On certficiation of default.

On petition for reinstatement.

On application for reinstatement.