Volume 174 — Ohio State Reports, Third Series

Workers' compensation—Subrogation—R.C. 4123.93(D)—Costs expended by Bureau of Workers' Compensation for a medical review that is used to deny a workers' compensation claimant's application for workers' compensation benefits are not recoverable in subrogation from an award workers' compensation claimant receives from a third-party tortfeasor for the same injury, because the costs expended for the medical review were not paid "on behalf of the claimant" under R.C. 4123.93(D)—Court of appeals' judgment affirmed and cause remanded to Court of Claims.

Workers' compensation—Scheduled-loss compensation—Industrial Commission has discretion to use a claimant's vision as corrected by hard contact lens as claimant's preinjury visual baseline—Court of appeals' judgment granting limited writ and remanding matter to Industrial Commission affirmed.

R.C. 2953.21(A)(2)(a)—Under Ohio law, a delayed appeal of a conviction is a direct appeal—A defendant who files a delayed appeal may file a petition for postconviction relief within 365 days of filing of trial transcript in court of appeals—Court of appeals' judgment reversed and cause remanded.

Mandamus—Public-records requests—R.C. 149.43—Requested records provided—Relator showed that respondent failed for 11 business days, starting with day relator filed mandamus action, to comply with its obligations under R.C. 149.43(B) to produce requested records—Writ denied as moot, $1,000 in statutory damages awarded, and request for court costs denied.

Prohibition—General division of common pleas court has jurisdiction over appellant's former mother-in-law's complaint seeking companionship and visitation with appellant's child under R.C. 3109.11—Appellant has adequate remedy in ordinary course of law by appeal to challenge appointment of guardian ad litem in former mother-in-law's case—Court of appeals' judgment denying petition affirmed.

Mandamus—Elections—Initiative—Proposed constitutional amendment—Ballot language—Ohio Constitution, Article XVI, Section 1—Writ sought to compel Ohio Ballot Board to adopt new ballot language for proposed amendment to Ohio Constitution—Writ granted in part and denied in part.

Elections—Mandamus—Compliance with election statutes—Evidence unequivocally showed that relator sought placement of question on ballot asking electors whether sale of spirituous liquor should be permitted at certain times on Sundays at a particular location—Because relator's petition was controlled by R.C. 4301.333, relator not entitled to relief in mandamus based on failure of board of elections to follow procedure under R.C. 4301.33—Because relator did not provide board with affidavit required by R.C. 4301.333(C)(1)(a) when petition filed, petition was invalid in its entirety under R.C. 4301.333(C)(2)—Writ denied.

Criminal law—Fourth Amendment to United States Constitution—Warrantless searches—Inventory searches—Government's failure to submit copy of written inventory-search procedure into evidence in support of warrantless inventory search does not render search per se unreasonable—Law-enforcement officer's testimony attributing inventory-search policy to law-enforcement agency that conducted inventory search, explaining when policy must be followed, and explaining whether policy was followed, combined with body-camera footage documenting search, is sufficient evidence to establish existence of such procedure, that officer who conducted search acted in accordance with policy, and that search was reasonable, and therefore lawful, under Fourth Amendment—Court of appeals' judgment reversed and convictions reinstated.

Criminal law—Sufficiency of the evidence—R.C. 2907.06(A)(2)—Substantial impairment—Blindness—Court of appeals' judgment reversed and trial court's judgment reinstated.

Criminal law—R.C. 2901.05—Affirmative defenses—Self-defense—Ineffective assistance of counsel—Appellant produced evidence that tended to support claim that he had acted in self-defense, and he was therefore entitled to a self-defense jury instruction—Trial counsel was prejudicially ineffective by failing to request a self-defense jury instruction—Court of appeals' judgment reversed and cause remanded to trial court.

Attorneys—Misconduct—Violation of the Rules of Professional Conduct—Committing an illegal act that reflects adversely on the lawyer's honesty or trustworthiness—Conditionally stayed one-year suspension.

Prohibition—Mandamus—Because relator's complaint was obviously meritless, court of appeals did not err in sua sponte dismissing complaint—Court of appeals' judgment affirmed.

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

On certified order of the Indiana Supreme Court, No. 21S-DI-17.