Volume 169 — Ohio State Reports, Third Series

R.C. 2903.04(A)—The involuntary-manslaughter statute is satisfied when a person causes the death of another as the proximate result of the commission of a felony offense—When the predicate felony offense for involuntary manslaughter is having a weapon while under disability, there is no requirement that the underlying reason for the disability be causally related to the victim's death.

Criminal law—Aggravated murder—Findings of guilt and death sentences affirmed—Trial court's judgment imposing postrelease control on counts that were merged with other counts reversed, and cause remanded to the trial court for it to vacate improperly imposed postrelease control.

Elections—Mandamus—Independent candidates for office—Following prospective candidates' declarations that they were not affiliated with any political party, candidates each cast a partisan ballot in Ohio's May 2022 primary election, prompting the Ohio secretary of state to reject their joint nominating petition—Candidates did not show by clear and convincing evidence that they have a legal right to appear on the November 2022 general-election ballot as independent candidates or that the secretary of state has an obligation to certify their names to the ballot—Writ denied.

Elections—Prohibition and Mandamus—Writs sought to reverse board of elections' certification of petition to surrender village corporate powers to the ballot—R.C. 703.20 requires the filing of village surrender petitions with village legislatures—Writ of prohibition granted, and writ of mandamus denied as moot.

Court of appeals' judgment vacated on the authority of State v. Brooks and cause remanded.

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

Court of appeals' judgment vacated and cause remanded for a new trial consistent with State v. Brooks.

Criminal Law—Aggravated murder—Death penalty—Aggravating circumstances outweigh mitigating factors—Convictions and death sentence affirmed.

Criminal law—Crim.R. 16(K)—Crim.R. 16(K) precludes an expert witness from testifying only at the trial commencing fewer than 21 days after the disclosure of the expert's written report—Court of appeals' judgment reversed in part and cause remanded.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Indefinite suspension.

Prohibition—R.C. 2301.03(U) does not apply to divest the general division of a common pleas court of subject-matter jurisdiction over domestic-relations matters—Relator has an adequate remedy in the ordinary course of the law—Court of appeals' judgment affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including failing to act with reasonable diligence in representing a client, failing to reasonably consult with a client about the means by which the client's objectives are to be accomplished, failing to maintain a normal lawyer-client relationship with a client when the client's capacity to make considered decisions is diminished, and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Eighteen-month suspension stayed on conditions.

Habeas corpus—Petitioner failed to attach commitment papers as required by R.C. 2725.04(D)—Writ denied.

Mandamus—Public Records Act—The time at which a law-enforcement officer creates a record or the police department's method for maintaining such a record determines whether the exemption to disclosure under R.C. 149.43(A)(2)(c) applies—Partial writ of mandamus granted.

Criminal law—Aggravated murder—Death penalty—A house not maintained as a permanent or temporary dwelling is not an occupied structure for purposes of conviction of aggravated burglary—R.C. 2911.11—R.C. 2909.01(C)(1)—Aggravated-burglary conviction and finding of guilt on count of felony murder during an aggravated burglary vacated for lack of sufficient evidence—Judgment on death-penalty specifications for felony murder predicated on aggravated burglary reversed and specification dismissed—Consideration of aggravated burglary as an aggravating circumstance during mitigation phase constituted harmless error because other death-penalty specifications remained valid and other aggravating circumstances outweighed mitigating factors beyond a reasonable doubt—Judgment affirmed in part, vacated in part, and reversed in part and cause remanded—Death sentence affirmed.

Torts—Attorney fees—Prevailing parties who were awarded reasonable attorney fees along with a punitive-damages award at trial may also recover attorney fees that they incur in successfully defending their judgment on appeal—Court of appeals' judgment reversed.

Civil law—Zoning—Administrative appeals under R.C. Chapter 2506—Interpretation of zoning resolutions—The column heading in a township zoning-resolution schedule serves as more than a guidepost and must be read substantively because the heading uses specific terminology that is defined within the resolution—Judgment reversed and cause remanded.

Mandamus—Public-records requests—Writ denied in part and granted in part and statutory damages and court costs awarded.

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

On motion for immediate interim remedial suspension.

On certification of default.

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

On certification of default.

Mandamus—Public Records Act—Statutory damages—Petition denied as moot.