Volume 177 — Ohio State Reports, Third Series

Prohibition—Judge in underlying eminent-domain appropriation case did not patently and unambiguously lack jurisdiction to vacate her prior entry dismissing the case without prejudice or to conduct proceedings in the case once entry had been vacated—Infinite Sec. Solutions, L.L.C. v. Karam Properties II, Ltd., distinguished—Court of appeals' dismissal of complaint affirmed.

Mandamus—Public-records requests—Requests conveyed that relator was seeking particular records and therefore were not overbroad—School district has clear legal duty to disclose to relator all text not protected by attorney-client privilege in requested letter outlining scope, terms, and conditions of legal representation of school district in its lawsuit against State—School district failed to comply with obligation under R.C. 149.43(B) by improperly redacting from requested letter sentence not protected by attorney-client privilege, and school district delayed producing redacted copies of requested letters for more than four months—Writ granted in part and denied in part and relator awarded court costs, $1,000 in statutory damages, and reasonable attorney's fees.

Mandamus—Inmate failed to strictly comply with requirements of R.C. 2969.25(C) for obtaining a waiver of filing fee in mandamus action he filed in court of appeals—Court of appeals' dismissal of complaint affirmed.

Habeas corpus—A convicted inmate may not rely on former parole guidelines that were no longer effective by the time of the inmate's parole hearing, even if those guidelines would have provided for earlier consideration of parole—A document is not considered filed in an Ohio court until deposited with the clerk of court—Inmate can prove no set of facts that would entitle him to immediate release from prison—Court of appeals' dismissal of petition affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Eighteen-month suspension, fully stayed on conditions.

Public utilities—R.C. 4903.10 does not allow Public Utilities Commission of Ohio ("PUCO") to extend statutory 30-day deadline for filing applications for rehearing of a matter determined in a PUCO proceeding—A PUCO order that "grants" an application for rehearing for limited purpose of further consideration of the application does not grant the application within meaning of R.C. 4903.10, no matter how the order is labeled—Appellant's application for rehearing of PUCO order certifying out-of-state wind farms as eligible Ohio renewable-energy-resource-generating facilities was denied by operation of law when PUCO failed to timely grant or deny the application—PUCO's motion to dismiss for lack of jurisdiction appellant's appeal from PUCO's order certifying the wind farms denied.

Criminal law—R.C. 2945.75—The requirement in R.C. 2945.75(A)(2) that a guilty verdict state either the degree of the offense of which the offender is found guilty or additional element or elements that are present is satisfied by a verdict form that cites the statutory section or sections mandating that the defendant be convicted of a higher-level offense—Plain-error review applies when a defendant fails to raise an objection to a verdict form's alleged noncompliance with R.C. 2945.75(A)(2)—Judgment affirmed.

Mandamus—Public Records Act—R.C. 149.43(B)(8)—Personnel file of assistant prosecuting attorney improperly withheld from inmate by prosecutor's office under R.C. 149.43(B)(8) because personnel file did not concern a criminal investigation or prosecution—Limited writ granted, statutory damages denied, and court costs awarded.

Civil law—Easements—Public utilities—Dispute between utility company and landowners over whether easements permit utility company to use herbicides to control vegetation on the property subject to the easements—Court of appeals' judgment reversed and cause remanded to trial court for it to issue an entry awarding summary judgment to utility company.

Attorneys—Misconduct—Multiple violations of the Rules of Professional Conduct—Permanent disbarment and restitution ordered.

Medical malpractice—Out-of-state defendant—R.C. 2305.15(A)—Dormant Commerce Clause of United States Constitution—R.C. 2305.15(A) does not violate dormant Commerce Clause as applied to a physician who moved out of Ohio to practice medicine in another state—Judgment reversed and cause remanded to trial court.