Slip opinions decided 1995 — Ohio Public Domain Citations

Medical malpractice—Liability insurance—Evidence—Commonality of insurance interests between defendant and expert witness outweighs any potential prejudice evidence of insurance might cause—Evid.R. 411, applied.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b) and proposed assignments of error fail to establish colorable claim of ineffective assistance of appellate counsel.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to assert a colorable claim of ineffective assistance of appellate counsel.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Court of appeals properly dismisses application when it lacks jurisdiction.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of trial and appellate counsel—Application denied when issues raised are res judicata.

Appellate procedure—Application for reopening appeal from judgment and conviction based on clair of ineffective assistance of appellate counsel—Application denied when issue is res judicata by virtue of appellate court's opinion in direct appeal.

Attorneys at law—Misconduct—Six-month suspension—Accepting employment when the exercise of professional judgment on behalf of a client will be or reasonably may be affected by attorney's own financial or personal interests—Drafting will naming attorney and his secretary as beneficiaries—Knowingly engaging in conduct contrary to a Disciplinary Rule.

Attorneys at law—Misconduct—Public reprimand—Reciprocal discipline for violation of disciplinary rule in West Virginia.

Elections—Contest of election—Court lacks jurisdiction to proceed when R.C. 3515.10 not complied with.

Schools—Mandamus to compel school board to grant salary credits for law school courses—Grievance and arbitration procedure of collective bargaining agreement constitutes adequate remedy at law, when.

Taxation—Franchise tax—R.C. 5733.06(E) does not apply to a corporation in reorganization under Section 1102, Title 11, U.S. Code.

Mandamus to compel city of Columbus to provide police Internal Affairs Bureau investigations, chain of command investigations, and other like records for inspection and copying—Writ allowed, when—Award of relators' attorney fees allowed, when.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when appellate court finds no genuine issue as to whether applicant was denied effective assistance of counsel on appeal.

Appellate procedure—Appellant bears burden of preparing transcript for inclusion in record—Procedural infirmities—Case to be decided on merits nevertheless, where appellant fails to properly file trial transcript, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to state a colorable claim of ineffective assistance of appellate counsel.

Civil actions—Products liability claims for bodily injury governed by two-year statute of limitations period in R.C. 2305.10 and not by six-year statute of limitations period in R.C. 2305.07.

Criminal law—Aggravated murder—Death penalty upheld, when—Evidence—What the prosecutor may comment upon at penalty stage of capital trial.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to include affidavit required by App.R. 26(B)(2)(d).

Writ of procedendo to order common pleas court to make certain rulings on postconviction relief petition and various other motions—Court of appeals' dismissal of complaint affirmed, when.

Attorneys at law—Disciplinary action—Cause dismissed.

Appellate procedure—Successive applications for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied—App.R. 26(B) makes no provision for filing successive applications to reopen.

Mandamus to compel correction of trial court records—Writ denied when adequate remedy in the ordinary cause of law via App.R. 9(E) exists.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no colorable claim of ineffective assistance of appellate counsel stated.

Criminal procedure—Determination whether court must consider accused's statement before accepting a no contest plea to a misdemeanor offense—R.C. 2937.07, construed.

Criminal procedure—Requirement on state to lay foundation for admissibility of chemical test results at trial of defendant charged under R.C. 4511.19(A)(1) through (4) waived, when—Requirement for introducing into evidence results of breathalyzer tests in prosecutions under R.C. 4511.19(A)(1).

Attorneys at law—Application to register as candidate for admission to the practice of law—Application denied when applicant fails to prove his character, fitness and moral qualifications to practice law—Applicant forever precluded from reapplying for the privilege to practice law in Ohio.

Attorneys at law—Misconduct—One-year suspension—Violation of a Disciplinary Rule—Conduct involving dishonesty, fraud, deceit or misrepresentation—Conduct adversely reflecting on fitness to practice law—Failure to preserve identity of funds or property belonging to client—Failure to promptly return or deliver client's property to client.

Appellate procedure—Successive applications for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied—App.R. 26(B) makes no provision for filing successive applications to reopen.

Civil procedure—Court may not dismiss a case, via a motion to dismiss, on res judicata grounds—Res judicata raises merit questions that are to be resolved in a merit decision.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of attempted felonious sexual penetration and forgery.

Nuisances—Section 5, Article I of the Ohio Constitution did not preserve right to a jury trial in nuisance abatement actions—Confiscation and sale of personal property used in maintaining a nuisance and the imposition of a one-year closing are preventive measures, not penalties imposed for past criminal conduct—Evidence sufficient to establish that a nuisance exists.

Mandamus to compel trial judge in wrongful death action against hospital on remand from court of appeals to order new trial on damages only, to prevent judge from proceeding with a new trial on all issues and to enter a judgment on negligence and liability against the hospital—Writ denied, when.

Workers' compensation—Courts not precluded from ordering Industrial Commission, in mandamus action, to award permanent total disability benefits notwithstanding the so-called "some evidence" rule, when.

Taxation—Sales and use taxes—Production and sales of plastic bottles—Machine hoppers that hold raw material are preliminary to manufacturing and are subject to tax—Case erectors which produce cardboard containers are subject to tax—Water cooling system which cools equipment during processing are not subject to tax due to its adjunctive use—Electrical transforming substation not affixed to concrete slab upon which it rested and which could be moved with a crane is not real property and thus is subject to tax.

Corporations—Written notice requirement regarding purpose of meeting of shareholders may be waived by a shareholder, when—R.C. 1701.42, construed and applied.

Taxation—Real property—Residence owned by nonprofit charitable hospital and occupied rent free by nonsalaried nuns employed by hospital—Residence exempt from taxation, when—R.C. 5709.121, applied.

Probate Court possesses jurisdiction to issue an order of involuntary commitment for mental health treatment—Jurisdiction to order state to assume cost of mental health treatment which is integral to commitment determination—Mental health services which are the financial responsibility of the state.

Insurance—Insurer fails to exercise good faith in the processing of a claim of its insured, when.

Statutes of repose—R.C. 2305.131 is unconstitutional.

Civil procedure—Court of appeals, in a mandamus action, does not abuse its discretion in granting leave to file an answer after the twenty-eight-day period has expired, when—Court of appeals, in a mandamus action, does not err in granting a Civ.R. 12(B)(6) motion to dismiss, when.

Attorneys at law—License to practice law revoked, when—Lack of law degree disqualifies individual from admission to the practice of law under Gov.Bar R. I(1)(C).

Appeal dismissed as improvidently allowed.

Mandamus to compel members of Oxford City Council to hold only open meetings and discontinue practice of conducting closed executive sessions—Writ granted, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when claim is res judicata because applicant had expressed discontent with his appellate counsel on direct appeal and errors alleged do not raise any genuine issues of ineffective assistance of appellate counsel.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when claim is res judicata because issue could have been raised on applicant's appeal of his conviction to Supreme Court of Ohio.

Schools—Tort liability—Statutes of limitations—R.C. 2744.04(A) is unconstitutional as applied to minors.

Evidence—R.C. 2933.52(A) prohibition of purposeful interception of wire or oral communications through use of an interception device applicable to cordless telephone communications.

Criminal law—Parole violator not entitled to credit under R.C. 2967.191 for time served in New York while he was a parole violator, when.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment and conviction based, inter alia, on claim of ineffective assistance of appellate counsel—Application denied when errors present matters outside the record and, thus, are not appropriate for direct appeal.

A guarantor is a "debtor" within the meaning of R.C. 1309.01(A)(4), and is therefore entitled under R.C. 1309.47(C) to notice of the sale of collateral.

Attorneys at law—Misconduct—Public reprimand—Unauthorized communication with a represented party concerning the subject of the representation.

Torts—Tort of interference with a contractual relationship recognized in Ohio—Proof necessary to recover for claim of intentional interference with a contract.

Attorneys at law—Misconduct—Six-month suspension suspended with conditions—Handling of legal matter without adequate preparation—Neglect of an entrusted legal matter.

Attorneys at law—Application to register as candidate for admission to the practice of law—Application denied when applicant has not sufficiently demonstrated present character and fitness to practice law.

Attorneys at law—Misconduct—Public reprimand—Misrepresentation—Neglect of an entrusted legal matter—Failure to cooperate in investigation of charged misconduct.

Torts—Negligence—Patient falsely diagnosed HIV positive—Ohio does not recognize claim for negligent infliction of serious emotional distress where the distress is caused by plaintiff's fear of a nonexistent physical peril.

Torts—Libel—Qualified privilege extends to those who provide information to government officials in connection with the qualifications of bidders for public-work contracts.

Attorneys at law—Misconduct—Public reprimand—Neglect of an entrusted legal matter.

Torts—Wrongful death, negligence and negligence per se—Parole violator participate in beating death of a person—Ohio Department of Rehabilitation and Correction not guilty of negligence per se, when—Public duty rule applies to bar liability on part of Adult Parole Authority, when.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for misprision—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law—Continuing multiple employment that adversely affects professional judgment on behalf of client without client's consent after full disclosure—Neglecting an entrusted legal matter—Failing to preserve the identity of funds of a client—Restitution a condition for reinstatement.

Attorneys at law—Legal professional association, formed pursuant to R.C. Chapter 1785, is not obligated to redeem the stock of a shareholder/employee who separates or is separated from his or her employment with the professional association—Intent of Gov.Bar R. III(3)(D).

Workers' compensation—Determination of average weekly wage by Bureau of Workers' Compensation in claim involving periods of alleged unemployment and part-time employment—Former R.C. 4123.61, applied.

Habeas corpus petition denied for failure to comply with R.C. 2725.04(D).

Workers' compensation—Proof required to establish that an employer has committed an intentional tort against an employee.

Civil procedure—Trial court has authority under R.C. 2721.09 to assess attorney fees based on a declaratory judgment issued by the court—Determination to grant or deny request for fees will not be disturbed, absent an abuse of discretion.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failure to carry out contract for professional services—Engaging in illegal conduct involving moral turpitude—Conduct that adversely reflects on fitness to practice law.

Taxation—Sales and use taxes—Real estate sales information published in reports and also made available in computer data base—Transactions are taxable when purpose of customers is to obtain the reports or access the data base and not the analysis or interpretation of that information by the provider.

Attorneys at law—Misconduct—Six-month suspension stayed in favor of two-year probation with conditions to begin on date of Supreme Court's decision—Sexually harassing female employee—Addiction to cocaine.

Criminal procedure—Parole—For purposes of R.C. 2967.12(C), the hearing in which full Parole Board considers and decides whether to grant parole is the hearing which is subject to being continued—Notice requirement of R.C. 2967.121 not limited to aggravated felonies committed after July 1, 1983.

Criminal procedure—Parole—For purposes of R.C. 2967.12(C), the hearing in which full Parole Board considers and decides whether to grant parole is the hearing which is subject to being continued—Notice requirement of R.C. 2967.121 not limited to aggravated felonies committed after July 1, 1983.

R.C. 2317.02(A) provides the exclusive means by which privileged communications directly between an attorney and a client can be waived.

Torts—Inherently dangerous work—Establishing liability to injured employee of independent subcontractor—General contractor "actively participated," when.

Workers' compensation—Industrial Commission abuses its discretion in awarding wage-loss compensation, when.

Appeal dismissed as improvidently allowed.

Workers' compensation—Erroneous jury instruction not prejudicial, when—Wrongful withholding of payment of medical bills shown, when.

Attorneys at law—DR 5-101(B)(4) is an exception to the general rule of DR 5-102(A) that an attorney cannot serve as both an advocate and witness—Attorney has burden to prove his services provide a distinctive value and that his disqualification would work a substantial hardship on his client.

Writ of quo warranto ordering removal of individual from the Huron County Veterans Service Commission granted, when.

Mandamus to compel judge of common pleas court to issue a judgment upholding a protest filed with the Ohio Motor Vehicles Dealers Board—Court of appeals' judgment granting motion to dismiss reversed and cause remanded, when.

Criminal procedure—Motion to suppress is proper pretrial procedure for challenging the admissibility of breathalyzer test results.

Appeal dismissed as improvidently allowed.

Employment relations—Race and handicap discrimination—R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitation period.

Witnesses—Criminal law—Trial court may exclude person from appearing as a witness on behalf of a criminal defendant at trial if court determines that witness will not offer any testimony, but merely intends to assert the Fifth Amendment privilege against self-incrimination.

Insurance—Landlords and tenants—Remand for further proceedings.

Workers' compensation—Proof required to establish that an employer has committed an intentional tort against an employee.

Schools—Tort liability—Statutes of limitations—R.C. 2744.04(A) is unconstitutional as applied to minors.

Attorneys at law—Misconduct—Two-year suspension with second year of suspension suspended on condition of making full restitution—Conduct prejudicial to the administration of justice—Neglect of an entrusted legal matter—Failing to decline employment when professional judgment on behalf of client is likely to be adversely affected—Failure to cooperate in investigation of misconduct.

Prohibition to prevent probate court from exercising jurisdiction over a declaratory judgment action—Writ denied, when.

Attorneys at law—Misconduct—One-year suspension with ten months stayed on condition no disciplinary complaints are certified to the Board of Commissioners on Grievances and Discipline—Attorney intentionally misrepresents a crucial fact to the court in order to effect a desired result to benefit a party.

Prohibition and procedendo restraining judge from exercising any jurisdiction to vary the mandate of the court of appeals and compelling judge to carry out the mandate by holding a trial on sole issue of damages—Writs granted, when—Appellate procedure—Law-of-the-case doctrine applied.

Taxation—Sales and use taxes—Items not used directly in exploring for or producing crude oil or natural gas subject to taxation—R.C. 5739.01(E)(2), applied.

Workers' compensation—Application for temporary total disability compensation—Examining physician's knowledge of physical requirements associated with former position of employment demonstrated, when.

Workers' compensation—Denial of handicap reimbursement to self-insured employer by Industrial Commission not an abuse of discretion, when.

Public contracts—Public improvements—Agreement for lease of correctional facilities must comply with R.C. 307.022, including the requirements of competitive bidding and prevailing wage laws.

Attorneys at law—Misconduct—Six-month suspension followed by two-year monitored probation on condition that full restitution is made to clients—Charging an excessive fee—Failure to place client's funds in an identifiable bank account—Failure to appropriately account to client—Failure to promptly deliver client's property

Criminal law—Aggravated murder—Death penalty upheld, when—Trial court has discretion to determine its response to jury's request for further instruction or clarification of previously given instructions—True question does not constitute "hearsay" as defined by Evid.R. 801—Statement of co-conspirator admissible pursuant to Evid.R. 801(D)(2)(e), when—Confession to police by one co-conspirator implicating a second co-conspirator is not made "during the course and in furtherance of the conspiracy" within the scope of Evid.R. 801(D)(2)(e).

Elections—Method for determining the number of sufficient signatures on petitions involving proposed municipal charter amendments.

Civil service—Promotional examination for police lieutenant—Action in quo warranto seeking appointment to position—Claim that examination was not "competitve" because one out of one hundred forty-five questions was improper—Court will not substitute its opinion for that of the municipal civil service commission, when.

Torts—Malicious prosecution—Compromise between defendant in a criminal proceeding and the prosecutor forecloses a later malicious prosecution claim against the complaining witness when the complaining witness was not a party to that compromise.

Prohibition—Court of appeals errs in granting writ of prohibition to Toledo Director of Health and Environment who was to be dismissed by newly elected mayor under Section 69 of the city's charter, when.

Attorneys at law—Misconduct—One-year suspension suspended on condition of completing one year of monitored probation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Failing to seek client's lawful objective—Failing to carry out contract for professional services.

Domestic relations—Child-support arrearages—Attorney fees—Trial court's deduction of attorney's contingent fee from a lump-sum workers' compensation payment does not offend R.C. 4123.67 or 3113.21.

Attorneys at law—Misconduct—Six-month suspension—Conduct involving fraud, deceit, dishonesty or misrepresentation—Conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Failure to seek client's lawful objectives—Failure to carry out contract for employment—Damaging or prejudicing client—Failing to cooperate in investigation of charged misconduct.

Appeal dismissed as improvidently allowed.

Motion to dismiss granted.

Contracts—Employment relations—Evidence that trier of fact may consider in deciding factual issue of whether an employment-at-will agreement has been altered by an implied agreement—Civil procedure—Depositions—When deponent reviews deposition testimony under Civ.R. 30(E) and makes changes in form and substance of such deposition testimony, original testimony as well as the change remains in the record.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failure to file the motion within ninety days from journalization of the appellate judgment, as required by App.R. 26(B).

Administrative law—Workers' compensation—Permitting staff hearing officers to hear application for permanent total disability on remand from the court of appeals does not violate the court's directive that the Industrial Commission reconsider the issue.

Writ of prohibition or mandamus to prevent Court of Claims from exercising jurisdiction in suit filed in Montgomery County Court of Common Pleas alleging medical malpractice, wrongful death, survivorship, and related tort causes of action against various defendants—Writs denied, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b).

Negligence—Aggravation of original injury by medical provider—R.C. 2307.31 creates right of contribution between tortfeasor and medical provider—Mere filing of a complaint does not constitute an attempted commencement of an action for purposes of R.C. 2125.04.

Secured transactions—Disposition of collateral after default by debtor—Where collateral is consumer goods, debtor may recover pursuant to R.C. 1309.50(A), when.

Workers' compensation—Application for permanent total disability compensation—Claim returned to Industrial Commission, when.

Workers' compensation—Industrial Commission does not err in offsetting claimant's entitlement to former R.C. 4123.57(A) compensation by amounts previously paid under former R.C. 4123.57(B) and (C).

Appeal—Guardians—R.C. 2305.16—Tolling of statute of limitations—Appeal dismissed as improvidently allowed—Products liability claims for bodily injury governed by two-year statute of limitations period in R.C. 2305.10 and not by six-year statute of limitations period in R.C. 2305.07.

Taxation—Sales and use taxes—Natural gas companies which merely market natural gas not included within definition of "natural gas company" in R.C. 5739.02(B)(7) and are not exempt from sales tax.

Attorneys at law—Misconduct—Indefinite suspension with any future reinstatement conditioned on restitution—Conviction of felony theft—Converting funds collected on behalf of clients.

Attorneys at law—Misconduct—Two-year suspension with a full year of that suspension to be served and thereafter one year of monitored probation—Reinstatement conditioned on full restitution, with interest, to clients—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Inadequate preparation—Neglect of an entrusted legal matter—Failure to carry out contract for professional services.

On application for reinstatement.

Workers' compensation—Application for temporary total disability compensation—Industrial Commission abuses its discretion when denying compensation without considering all allowed conditions.

Criminal law—Aggravated murder—Reaffirmance of death penalty by court of appeals after remand by Ohio Supreme Court upheld, when.

Taxation¬—Use tax—Out-of-state direct mail retailer not required to collect use tax, when "substantial nexus" with Ohio exists, when—R.C. 5741.01(H)(1) is constitutional.

Court of Claims—Prejudgment interest—R.C. 2743.18(A), construed and applied—Interest when rate not stipulated—R.C. 1343.03(A), construed and applied.

Workers' compensation—Claim for scheduled-loss award—Former R.C. 4123.57(C)—Claim barred by statute of limitations—Former R.C. 4123.60.

Probate court—Presentment requirements of R.C. 2117.06 cannot be applied to bar claim of an owner who seeks to recover assets wrongfully held in an estate.

Employment relations—Recovery of damages from Consolidated Rail Corporation under Federal Employers' Liability Act for infliction of emotional distress suffered during employment permitted, when.

Employment relations—Cause of action may be brought for wrongful discharge in violation of public policy based on sexual harassment/discrimination.

Political subdivisions—Torts—Limitations on damages—Social Security and Medicare benefits are collateral source benefits contemplated by R.C. 2744.05(B)—Future collateral benefits deductible from jury's verdict against a political subdivision, when—R.C. 2744.05(B) is constitutional—Burden is on political subdivision to prove extent to which it is entitled to an effset under R.C. 2744.05(B)—Political subdivision has right to discover collateral benefits at any time during pendency of an action against it, irrespective of admissibility issue—Political subdivision not denied all rights of setoff pursuant to R.C. 2744.05(B) for future Medicare Part A benefits on basis it failed to quantify exact amount of damages allocated by jury to future hospitalizations expenses, when.

Attorneys at law—Misconduct—One-year suspension with six months period of sanction suspended on condition that no disciplinary complaints against attorney are certified to Board of Commissioners on Grievances and Discipline during the one-year period—Writing unauthorized checks from client's business account.

Workers' compensation—Application for permanent total disability compensation—Claimant diagnosed with malignant mesothelioma twelve years after resigning in lieu of disciplinary action—Industrial Commission errs in denying compensation when claimant suffers from a condition with an extremely long latency period.

On report of the Board of Commissioners on the Character and Fitness of the Supreme Court, No. 109.

Appellate procedure—Successive application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied because App.R. 26(B) makes no provision for successive applications to reopen.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when issues raised by applicant had previously been litigated and were therefore res judicata.

Torts—Negligence—Owner of construction site, by virtue of directing general contractor to perform task required by contract specifications, owes no duty of care under R.C. 4101.11 and 4101.12 to employee of subcontractor who is subsequently injured as a result of general contractor's failure to keep area where it performed the task in a safe condition.

Workers' compensation—Nonallowed pre-existing condition may not be considered under Stephenson's "all other factors"—Permanent total disability compensation not permitted by combining insignificant work injury with serious nonindustrial health problems.

Criminal law—Failure of trial court to comply with R.C. 2945.05—Habeas corpus—Writ will not lie where criminal defendant has waived right to a jury trial by executing a written waiver, where waiver is handed to trial judge and placed in court's file, but is not file stamped.

Prohibition—Writ prohibiting judge from considering merits of appeal of an arbitration decision not allowed, when.

Appeal dismissed as improvidently allowed.

Courts—Court of appeals has broad discretion in determining whether a party has obeyed its writ of mandamus—Supreme Court will not reverse court of appeals' decision absent an abuse of discretion.

Mandamus to compel common pleas court judge to adjudicate claims against executor for conversion and other mishandling of estate—Writ denied, when.

Mandamus—Action to compel removal of incorrect information in probation record dismissed, when.

Taxation—Real property evaluation—Board of Tax Appeals decision upheld when supported by credible evidence.

Workers' compensation—Partial disability compensation—Ankylosis of the toes not compensable under R.C. 4123.57(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failing to file his application within ninety days after journalization of the appellate judgment—App.R. 26(B)(2)(b).

Workers' compensation—Voluntary departure from employment precludes temporary total disability compensation—Termination is voluntary when it is generated by claimant's violation of a written work rule that (1) clearly defined the prohibited conduct, (2) had been proviously identified by the employer as a dischargeable offense, and (3) was known or should have been known to the employee.

Attorneys at law—Misconduct—Six-month suspension stayed on conditions—Failure to timely respond to bar association's inquiry—Unauthorized withdrawal from IOLTA account—Failure to obtain local counsel in Virginia per federal district court rule.

Torts—Negligence—State Highway Patrol immune from liability for injuries caused by patrol officer in operation of his vehicle while responding to an emergency call, when.

Motion for leave to intervene granted.

Taxation—Real property valuation—Board of Tax Appeals' determination of the true value of property will not be overruled by court when it appears from the record that the decision is neither unreasonable nor unlawful.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the court of appeals' decision, as required by App.R. 26(B)(2)(b), and applicant's failure to establish a colorable claim of ineffective assistance of appellate counsel.

On application for reinstatement.

Insurance—Ohio Insurance Guaranty Association—Powers and duties—R.C. 3955.08(A), construed—Association not obligated to accept untimely claims.

Workers' compensation—Approval by Industrial Commission of treatment provided claimant—Cause returned to commission when there is legitimate question whether all relevant evidence had been considered.

Criminal law—Motor vehicles—Continued detention of a person stopped for a traffic violation constitutes an illegal seizure, when—Police officer required to inform motorist that his legal detention has concluded before the police officer may engage in any consensual interrogation.

Criminal law—Conviction under R.C. 2923.13 for having a weapon while under disability is not precluded when there is an acquittal on, or dismissal of, the indictment which formed the basis for the charge of having a weapon while under disability.

Public records—Grand jury information filed with a presentence investigation report not subject to disclosure as a public record.

Taxation—Real property valuation—Decision of Board of Tax Appeals not overruled when based upon sufficient probative evidence.

Torts—Inherently dangerous work—Establishing liability to injured employee of independent contractor—General contractor "actively participated," when.

Taxation—Real property valuation—Board of Tax Appeals' action of not basing true value solely on total cost expended at a given time for a partially completed apartment complex construction project is reasonable—BTA is vested with wide discretion to determine the weight given to evidence and credibility of witnesses that come before it—Supreme Court will not overrule BTA findings of fact that are based upon sufficient probative evidence.

Criminal law—Aggravated murder—Death penalty upheld, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Claim of ineffective assistance based on issue of counsel's failure to raise trial counsel's alleged conflict of interest in representing multiple criminal defendants—Application denied, when.

Insurance—Insurer fails to exercise good faith in the processing of a claim of its insured, when.

Criminal law—Aggravated murder—Death penalty upheld, when—Arraignment of an accused via closed-circuit television is constitutionally adequate, when—Supreme Court's independent review will rectify any claimed appellate error in a capital case where court of appeals fails to individually identify or discuss any evidence offered in mitigation but simply concludes that the aggravating circumstances outweigh the mitigating factors beyond a reasonable doubt.

Police and Firemen's Disability and Pension Fund—Benefit and pension payments—Single annuity plan selected by widower—Application to cancel single annuity plan and reselect a joint and survivor annuity plan after post-retirement marriage—Application voided by applicant's death prior to the effective date of his reselection.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not filed within ninety days after journalization of appellate judgment and the appellate court finds no genuine issue of ineffective assistance of appellate counsel.

Attorneys at law—Misconduct—Indefinite suspension with credit for time of voluntary interim suspension—Convictions for drug abuse—Habitual late payment of attorney registration fees—Failure to complete required amount of continuing legal education hours for 1989-1990 biennium period and late payment of resulting sanction—Practicing law while not registered as an attorney.

Habeas corpus—R.C. Chapter 2725 prescribes a basic, summary procedure for bringing a habeas corpus action.

Schools—Tort liability—Statutes of limitations—R.C. 2744.04(A) is unconstitutional as applied to minors.

Attorneys at law—Misconduct—Permanent disbarment—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Conduct adversely reflecting on fitness to practice law—Practicing without license—Disobedience of order of suspension—Significant history of professional misconduct.

Criminal law—Firearm offenses—R.C. 2929.71(A)—State must prove beyond a reasonable doubt that firearm was operable for imposition of additional three years of actual incarceration for possession of firearm at time of offense—Proof beyond a reasonable doubt can be established by testimony of lay witnesses who were in a position to observe the instrument and circumstances surrounding the crime.

Motion to dismiss granted.

Mandamus to compel Ohio Civil Rights Commission to hold an evidentiary hearing on attorney fees under R.C. 119.092—Writ denied, when.

Attorney at law—Misconduct—Public reprimand—Providing financial assistance for living expenses to needy client—DR 5-103(B).

Mandamus to compel board of county commissioners to appropriate funds requested by probate court—Writ granted, when.

Mandamus to compel Zanesville Auditor and Treasurer to pay contractor for work on storm sewer construction contract that included authorized contract modifications which increased amount due—Writ granted, when.

Mandamus ordering and writ of prohibition restraining Mahoning County Board of Elections and its members not to conduct or hold a primary or general election until 1997 for the office of member of Youngstown City Council denied, when.

Appeal dismissed as improvidently allowed.

Motions to dismiss granted.

Defamation—When determining whether if speech is constitutionally protected opinion, court must consider totality of the circumstances.

Hospitals—Where hospital lacks on-site open-heart surgery capabilities, its certificate of need application will be denied, and it will not be allowed to perform high-risk cardiac catheterization procedures.

Automobile liability insurance—Insured kidnapped in her own automobile and incurs all bodily injury outside and away from automobile—Insured not covered within uninsured motorist provisions of policy which limits coverage to bodily injuries "caused by accident" and which "arise out of the ownership, maintenance or use of the uninsured motor vehicle."

Mandamus to compel Industrial Commission to restore permanent total disability benefits—Writ allowed when commission did not consider all allowed conditions before disallowing permanent total disability compensation.

Statutes of limitations—Products liability—Asbestos removal claims—Cause of action for asbestos-removal accrues, when—"Hazard requiring abatement," defined—Expert advice not a prerequisite to the accrual of a cause of action for asbestos removal.

Municipal corporations—Torts—Limitations on damages awarded—"Benefit" as used in R.C. 2744.05(B) does not include monies advanced to an injured party by a union benefit plan that must be reimbursed from a subsequent judgment pursuant to a subrogation agreement between the injured party and the plan.

Civil procedure—Civ.R. 50—Motion for directed verdict—Trial court errs in denying plaintiff's motions for a directed verdict and allowing the jury to decide the issue of defendant's negligence, when.

Appeal dismissed as improvidently allowed.

Workers' compensation—Determination of permanent total disability—Res judicata has limited application to workers' compensation matters—Industrial Commission's decision supported by "some evidence," when.

Taxation—Personal property tax on oil inventory in storage tanks sold every ten years—Oil refiner's valuation evidence before Board of Tax Appeals not competent and probative to overcome the presumption in favor of the Tax Commissioner's order, when.

Arbitration—R.C. 2711.13 provides three-month period within which a party must file a motion to vacate, modify, or correct an arbitration award under R.C. 2711.10 or 2711.11—R.C. Chapter 2711 provides exclusive statutory remedy parties must use in appealing arbitration awards to courts of common pleas.

Workers' compensation—Appellate court errs in vacating Industrial Commission's order denying wage-loss compensation and returning the cause to the commission for an amended order, when.

Criminal law—Evidence—Evid.R. 601(B)—Competency—Spouse remains incompetent to testify until he or she makes a deliberate choice to testify, with knowledge of the testifying spouse's right to refuse—Trial judge must take active role in determining competency.

Torts—Negligence—Violation of Occupational Safety and Health Act does not constitute negligence per se.

Civil actions—Products liability—Requirement for statutory cause of action to be an action upon liability created by statute under R.C. 2305.07—Causes of action brought pursuant to R.C. 2307.73 are not governed by the six-year statute of limitations provided in R.C. 2305.07.

Mandamus—Civ.R. 12(B)(6) motion to dismiss improperly used by court, when.

Torts—Business owner's duty to warn or protect its business invitees from criminal acts of third parties does not extend to premises not in possession and control of the business owner.

Witnesses—Criminal law—Trial court may exclude person from appearing as a witness on behalf of a criminal defendant at trial, when—Defendant entitled to request an instruction that jury should draw no inference from the absence of a witness because the witness was not available to either side, when.

Attorneys at law—Misconduct—Six-month suspension—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Knowingly making a false statement of law or fact in the representation of a client.

Unemployment compensation—Appellate court may reverse the Unemployment Compensation Board of Review's "just cause" determination, when—Fault on behalf of employee is an essential component of a just cause termination—Unsuitability for a position constitutes fault sufficient to support a just cause termination—Employer may properly find an employee unsuitable for the required work, and thus to be at fault, when.

Criminal law—Exclusionary rule not applicable as a sanction for violating R.C. 2935.20, the right of arrestee to communicate with an attorney.

Evidence—Witnesses—Competency—State Highway Patrol officer who conducts speed checks for purpose of monitoring compliance with traffic laws is competent to testify under Evid.R. 601(C) and R.C. 4549.14 and 4549.16.

Criminal law—Aggravated murder—Death penalty upheld, when.

Taxation—Real property—Appeal of county auditor's valuation to board of revision—Failure of property owner to appear at hearing is proper ground for dismissal of complaint.

Taxation—Valuation of real property—Appeal to Board of Tax Appeals—Discovery orders issued by board are interlocutory and are neither final nor appealable orders.

Taxation—Real property—Exemptions—R.C. 5709.08 applied to village water-well field.

Taxation—Real property—Exemptions—Abutting vertical estates owned by different entities must be considered separately for tax purposes.

Insurance—Liability coverage—Exclusion of farm employees—Student who works part of the school day on a farm in Occupational Work Experience program through his school qualifies as an "employee" while at work.

Mandamus to compel Cuyahoga County Board of Mental Retardation and Developmental Disabilities to reinstate occupational therapist to her former position and pay of back wages—Writ denied, when.

Civil actions—Products liability claims for bodily injury governed by two-year statute of limitations period in R.C. 2305.10 and not by six-year statute of limitations period in R.C. 2305.07.

Juvenile law—Absent bindover procedure, juvenile court has exclusive subject matter jurisdiction in delinquency cases—R.C. 2151.23, 2151.25 and 2151.26(E), applied—Exclusive jurisdiction of juvenile court cannot be waived.

Attorneys at law—Misconduct—Two-year suspension stayed with monitored probation—Neglecting five cases of clients seeking relief in bankruptcy—Meeting with clients and appearing in court while under the influence of alcohol.

Adoption—Trial court's finding pursuant to R.C. 3107.07 that consent to an adoption of a party described in R.C. 3107.06 is not required is a final appealable order.

Taxation—Sales and use taxes—Purchases of batteries, facsimile machines, printers and forklifts for own use at locations outside Ohio by common carrier authorized to transport commodities throughout the United States—Items are not stored or opened in Ohio but placed almost immediately on outgoing trucks headed out of state—Taxable event occurs, when.

Appellate procedure—Judgment of court of appeals affirmed when there is no final appealable order.

Statute of Frauds—Oral agreement to pay money in installments is "an agreement that is not to be performed within one year" pursuant to R.C. 1335.05, when—Where time of payment is indefinite, the agreement does not fall within "not to be performed within one year" provision of R.C. 1335.05.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of court of appeals' decision and applicant fails to state a colorable claim of ineffective assistance of counsel.

Negligence—Wrongful death—Railroad flatbed car blocking unlit crossing at night struck by snowmobile—Assured clear distance ahead—R.C. 4511.21(A)—Issue of whether an object is reasonably discernible on a highway during nighttime hours is usually a question of fact for a jury to determine—Court does not err in denying request for attorney fees, when.

Courts—Jurisdiction when plaintiff dismisses complaint—Vacation of dismissal—Civ.R. 41.

Universities and colleges—Civil rights—Graduate student's formal complaint of sexual harassment against tenured professor—Employment contract provides procedures "for dismissal or removal from tenure"—Removal procedures not followed and contract breached, when.

Criminal law—Aggravated murder—Death penalty upheld, when.

Petition for writ of habeas corpus seeking release from confinement after revocation of parole—Petition dismissed, when.

Workers' compensation—Denial of application for permanent total disability compensation—Cause returned to commission for further consideration and an amended order when claimant's nonmedical disability factors are inadequately dealt with in commission's order.

Appellate procedure - Defects in notice of appeal - Appellate court vested with discretion to determine whether sanctions, including dismissal, are warranted - Decision not overturned absent an abuse of discretion.

Attorneys at law—Misconduct—Indefinite suspension—Conviction of conspiracy to conceal assets and income of client—Late filing and payment of attorney registration fees—Repeated failure to timely register as an inactive attorney.

Taxation—Real property valuation—Board of Tax Appeals has wide discretion in weighing to evidence and credibility of witnesses.

Appeal dismissed as improvidently allowed.

Mandamus to compel defendant's attorney to file a postconviction petition pursuant to R.C. 2953.21—Writ denied, when.

Criminal law—Aggravated murder—Death penalty uphed, when—Evidence—Admissibility of statements made during alleged plea discussions—Evid.R. 410, analyzed.

Workers' compensation—Reimbursability of expenditures of appeal to court of common pleas from denial of claim by Industrial Commission.

Taxation—Sales and use taxes—Assessment not time-barred if taxpayer fails to file a return as required by R.C. 5741.12.

Public employment—Civil service—Promotion of police officer—Cleveland Charter provides express language authorizing the adoption of rules regarding seniority as related to promotion based on competitive examinations—Rule 4.40-C of the Cleveland Civil Service Commission supersedes R.C. 124.31(B).

Workers' compensation—Industrial Commission's denial of authorization for further chiropractic treatment supported by "some evidence," when.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for misprision—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law—Continuing multiple employment that adversely affects professional judgment on behalf of client without client's consent after full disclosure—Neglecting an entrusted legal matter—Failing to preserve the identity of funds of a client—Restitution a condition for reinstatement.

Mandamus to compel Zanesville Auditor and Treasurer to pay contractor for work on storm sewer construction contract that included authorized contract modifications which increased amount due—Writ granted, when.

Attorneys at law—Misconduct—One-year suspension—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failure to preserve identity of client's property.

Criminal law—Aggravated murder—Death penalty upheld, when.

Appeal dismissed as improvidently allowed.

Insurance—Homeowner's policy—Exclusion in policy for expected or intended injuries does not apply, when—When disputed, determination whether insured lacked mental capacity to commit an intentional act is a matter to be determined by trial court and will not be disturbed, absent an abuse of discretion.

Attorneys at law—Misconduct—Six-month suspension—Allowing person who recommended attorney for employment to direct or regulate his professional judgment in rendering such legal services.

Prohibition to prevent judge from exercising jurisdiction in defamation action—Writ denied, when.

Mandamus to compel police chief to permit inspection and copying of all personal background and investigation reports for all members of Cincinnati's police recruit classes—Writ granted except for National Crime Information Center and Regional Crime Information Center "rap sheets."

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failure to file the motion within ninety days from journalization of the appellate judgment, as required by App.R. 26(B).

Mandamus to compel school district board of education to comply with R.C. Chapter 3319, reinstate relator as an elementary school teacher, and award damages, including back pay—Court of appeals abuses its discretion by summarily dismissing mandamus claim, when.

Schools—Employment of administrators—Mandamus to compel board of education to issue a contract reemploying relator as an assistant superintendent for a two-year term—Writ denied, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when appellate court finds that applicant failed to establish any prejudice as required by App.R. 26(B)(2)(d).

Attorneys at law—Misconduct—Public reprimand—Neglect of an entrusted legal matter.

Attorneys at law—Misconduct—Permanent disbarment—Neglect of an entrusted legal matter—Prior history of professional misconduct.

Attorneys at law—Misconduct—Indefinite suspension—Petition for reinstatement must be accompanied by proof of compliance with conditions set forth by Board of Commissioners on Grievances and Discipline—Illegally possessing drug documents in violation of R.C. 2925.23—Neglect of an entrusted legal matter—Failure to cooperate in investigation of alleged misconduct—Late payment of biennial attorney registration fees and failure to register for 1989-1991 and 1991-1993 biennial periods—Failure to comply with continuing legal education requirements—Unauthorized practice of law.

Attorneys at law—Misconduct—Indefinite suspension—Conduct prejudicial to the administration of justice—Conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Failure to carry out contract for legal services—Failure to register as an attorney.

Unauthorized practice of law—Appearance and practice before Bureau of Workers' Compensation on a workers' compensation claim constitute the practice of law and may be performed only by a registered attorney—Ohio Adm.Code 4121-2-01(B), applied.

Criminal law—Aggravated theft by deception—Trial court did not err in failing to instruct jury on one of the statutory definitions of "deprive," an element of aggravated theft by deception, when.

Mandamus to compel city of Delphos Safety Service Director to execute a waterline engineering contract authorized by an ordinance passed by city council—Writ granted, when.

Attorneys at law—Misconduct—Misleading or lying to a client concerning a legal matter entrusted to the lawyer by a client—When an attorney engages in conduct involving dishonesty, fraud, deceit, or misrepresentation, the attorney will be actually suspended from the practice of law for an appropriate period of time.

Petition for writ of habeas corpus seeking release from Lima Correctional Institution—Writ allowed when petition states potentially good cause of action alleging that court of common pleas lacked jurisdiction over juvenile petitioner because of improper bindover procedure—Juvenile law—Without proper bindover procedure under R.C. 2151.26, juvenile court's jurisdiction is exclusive and cannot be waived.

Appeal dismissed as improvidently allowed.

Mandamus to compel reinstatement of classified civil service employee terminated after being found guilty of theft to city of Norwalk payroll, an award of back wages, and restoration of sick leave, medical insurance, and retirement benefits—Writ granted compelling reinstatement to city payroll and cause remanded to court of appeals for determination of award of back pay and benefits.

Mandamus compelling judge to vacate permanent injunction prohibiting Licking County Board of Commissioners from proceeding with hearings on annexation petitions filed by relators and village of Granville and ordering commissioners to proceed on the annexation petitions—Writs granted, when.

Mandamus to compel Columbiana Exempted Village School District Board of Education to reemploy relator as superintendent for a one-year term—Writ denied, when.

Mandamus to compel Cuyahoga County Board of Elections and village of Highland Hills to submit an ordinance to the electorate that would prohibit new penal facilities within the village to the electorate—Writ denied, when.

Mandamus action to compel judge to recuse herself from postconviction proceeding dismissed, when.

Elections—Prohibition compelling Cuyahoga County Board of Elections to remove candidate's name, whose home is located in the city of Broadview Heights, from the November 7, 1995 North Royalton mayoral election ballot—Writ granted, when.

Motion to dismiss granted.

Attorneys at law—Misconduct—One-year suspension stayed and attorney placed on two-year probation on conditions—Neglect of an entrusted legal matter—Failure to preserve identity of client's funds—Improper use of funds in an IOLTA.

Mandamus to compel Chippewa Township Trustees to open and maintain a township road proposed in 1851—Writ denied, when.

Criminal law—Aggravated murder—Death penalty upheld, when.

Appeal dismissed as improvidently allowed.

Criminal law—Aggravated murder—Death penalty upheld, when.

Evidence—Treatise may be used for impeachment purposes to demonstrate that expert witness is either unaware of the text or unfamiliar with its contents—Substance of treatise employed only to impeach credibility of expert witness who has relied upon treatise.

Real property—Effect of default by mortgagor on legal title—Right of redemption is the mortgagor's right to take prescribed action to satisfy a debt secured by a mortgage and therefore cannot be construed as a "setoff,"

Mandamus and prohibition granted against Licking County Common Pleas Court, Domestic Relations Division, involving a divorce proceeding, when—Voluntary dismissal terminates court's judisdiction.

Criminal law—Aggravated murder—Death penalty upheld, when.

Criminal law—Postconviction relief—Court's discretion to issue findings of fact and conclusions of law in dismissing a second or successive petition for postconviction relief is not limited.

Civil procedure—Trial court has authority under R.C. 2721.09 to assess attorney fees based on a declaratory judgment issued by the court—Determination to grant or deny request for fees will not be disturbed, absent an abuse of discretion.

Public Utilities Commission—Motor transportation carriers—Commission abuses its discretion when it issues certificates of public convenience and necessity to applicants seeking statewide authority to carry household goods, when.

Criminal law—Aggravated murder—Death penalty upheld, when.

Workers' compensation—R.C. 4123.57(B)(now[A])—Prospective application to claims arising after October 1, 1963 is constitutional.

Negligence—Proof of indirect economic damages—Tangible physical injury to persons or tangible property damage.

Civil procedure—Appropriate summary judgment standard for proving causation in asbestos cases—Torts—Alternative liability cannot apply, when.

Criminal law—Aggravated murder—Death penalty upheld, when.

Criminal law—Aggravated murder—Death penalty upheld, when.

Zoning—Pepper Pike zoning ordinance No. 1981-21 permitting townhouse units at a maximum density of 2.5 units per acre constitutional.

Criminal law—Aggravated murder—Death penalty upheld, when.

Workers' compensation—Application for permanent disability compensation—Industrial Commission's order awarding compensation reversed and returned to the commission for further consideration and amended order, when.

Workers' compensation—Industrial Commission abuses its discretion in awarding permanent total disability compensation when evidence was omitted from the order's "evidence considered" list—Medical opinion later repudiated or equivocated upon in a later deposition is not "some evidence" supporting a commission decision.

Workers' compensation—Application for permanent total disability compensation—Reviewing physician must accept factual findings of other examining physicians and specialists but need not be encumbered by their conclusions predicated upon such findings.

Taxtation—Sales and use taxes—Use tax on purchases of natural gas from out-of-state vendors—Acquisition of natural gas from natural gas companies that merely market natural gas not exempt from tax under R.C. 5739.02(B)(7).

Political subdivisions—Tort liability—R.C. 2744.02(B)(1) is constitutional.

Taxation—Sales and use taxes—Health insurance company's transaction with company that coded and organized litigation documents into a computer-accessible format not taxable—Health insurance company's transactions with company that provided information on adjudication of claims on computer tapes and transaction with company that transferred a license to use application software are taxable.

Workers' compensation—Application for additional temporary total disability compensation and medical benefits for ailments which arose in parts of the body not alleged to be injured in an original application—Industrial Commission abuses its discretion in ordering payment of compensation and in not denying payment of the medical bill, when.

Schools—Tort liability—Statute of limitations—R.C. 2744.04(A) is unconstitutional as applied to minors.

Taxation—Millage certification—Local school district created in 1938 not entitled to mandatory minimum inside millage under R.C. 5705.31(D), since it did not exist in the base years of the mandatory minimum millage.

Workers' compensation—Award of temporary total disability compensation for two disputed periods—Industrial Commission abuses its discretion in awarding compensation for one of the periods when no evidence supports the award of temporary total disability compensation.

Counties—Solid waste management districts -- Selection of designated providers of solid waste disposal services not subject to competiitive bid requirements of R.C. 307.86—Procedure for selecting designated providers of solid waste disposal services—Issue of whether to grant or deny an injunction is solely within discretion of trial court.

Prohibition—Writ to prevent Ohio Civil Rights Commission from proceeding further in a pending matter—Writ denied when commission's exercise of jurisdiction over the unlawful discrimination charges is appropriate, and relator has adequate remedies at law in the commission's proceeding and a further appeal to common pleas court.

Attorneys at law—Misconduct—Six-month suspension suspended on condition of completion of two-year monitored probation—Charging or collecting a clearly excessive fee—Accepting employment that adversely affects professional judgment on behalf of client without client's consent after full disclosure—Continuing multiple employment that adversely affects professional judgment on behalf of client without client's consent after full disclosure.

Prohibition to prevent judge from exercising jurisdiction in an aggravated menacing case—Mandamus to compel judge to vacate prior decisions and to try defendant on an ethnic intimidation charge—Writs granted, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Insurance—Health insurer that has paid medical benefits to its insured and has been subrogated to the rights of its insured may recover from the insured, when.

Attorneys at law—Misconduct—Stayed six-month suspension—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Neglect of an entrusted legal matter—Attempting to limit liability to client for malpractice.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law—Practicing in violation of professional regulations requiring registration and continuing legal education—Neglecting an entrusted legal matter—Failing to carry out contract for employment—Failing to keep client's funds separate from attorneys funds.

Attorneys at law—Misconduct—Public reprimand—Failure to cooperate in investigation of alleged misconduct—Failure to timely register as an attorney.

Criminal law—Aggravated murder—Death penalty upheld, when—"Mental illness" does not necessarily equate with definition of "legal incompetency."

Attorneys at law—Misconduct—Six-month suspension—Filing registration certificate and fees after required date—Failing to comply with Continuing Legal Education requirements—Engaging in conduct adversely reflecting on fitness to practice law.

Attorneys at law—Misconduct—Permanent disbarment—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Conduct prejudicial to the administration of justice—Conduct adversely reflecting on fitness to practice law—Withdrawal of unearned or disputed fees from client funds—Failure to promptly pay or deliver funds client is entitled to receive—Inadequate preparation—Taking action on behalf of client that obviously serves only to harass or maliciously injure another—Undignified, discourteous, or degrading conduct before a tribunal—Neglect of an entrusted legal matter—Asking irrelevant question to witness—Disregard of tribunal's order or ruling.

Public records—Record discoverable under Crim.R. 16(B) is subject to immediate release regardless of whether it is contained within a prosecutor's file and combined with "trial preparation records."

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B) and claims are barred by res judicata.

Attorneys at law—Misconduct—Public reprimand—Preparation of will for unrelated client from which attorney is to benefit.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failing to file his application within ninety days after journalization of the appellate judgment, and applicant fails to raise a colorable claim of ineffective assistance of appellate counsel.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b).

Attorneys at law—Misconduct—Indefinite suspension—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Intentionally causing client prejudice or damage—Conduct prejudicial to the administration of justice—Neglect of an entrusted legal matter—Failing to notify client of having received client's funds—Failing to promptly pay or deliver funds client is entitled to receive.

Attorney at law—Misconduct—Indefinite suspension—Conviction of corrupting another with drugs.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when res judicata bars further litigation of issues that were raised or could have been raised on direct appeal.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for not filing his application in a timely manner, when no colorable claim of ineffective assistance of appellate counsel is stated, and when re judicata bars consideration of the application.

Attorneys at law—Misconduct—Six-month suspension stayed and attorney placed on one-year probation with conditions—Failure to clear title to parcel of real estate that client wished to sell—Failure to respond to written and verbal communications from client.

Taxation—Personal property tax—Assessment—Appeal from determination of Tax Commissioner—Notice of appeal not filed with Board of Tax Appeals in a timely manner, when.

Criminal procedure—Habeas corpus does not lie for double-jeopardy claim when appeal after conviction provides an adequate remedy.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Assistance denied when applicant fails to show good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B)(2)(b).

Appellate procedure - Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel - Application denied when .

Taxation—Real property valuation—Taxpayer has duty to prove the right to a reduction in value—Board of Tax Appeals has wide discretion in weighing evidence and credibility of witnesses.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file timely application to reopen.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failing to file his application within ninety days after journalization of the appellate judgment as required by App.R. 26(B).

Workers' compensation—Denial of request for payment for medical services—Evidence rejected by Industrial Commission may not later be relied on to deny claim.

Civil procedure—Judgments—Valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction that was the subject matter of the previous action.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Intentionally failing to seek client's lawful objectives—Intentionally failing to carry out contract for employment—Intentionally causing client prejudice or damage—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Knowingly making false statement of law or fact—Failing to maintain client's funds separately from attorney's in an identifiable bank account—Filing to maintain complete records of client's property in attorney's possession and to account appropriately to client—Failing to cooperate in investigation of alleged misconduct—Failing to promptly pay or deliver funds to client.

Attorneys at law—Misconduct—Two-year suspension, with one year suspended on condition of continued compliance with Ohio Lawyers Assistance Program, Inc. and credit for the interim suspension—Conviction of carrying a concealed weapon.

Taxation—Property tax—Board of Tax Appeals' valuation of nursing home's certificate of need and determination of correct personal property deduction neither unreasonable nor unlawful, when.

Mandamus to compel warden of correctional institution to order specific acts, including periodic testing of relator for HIV—Writ denied, when.

Taxation—Personal property tax—Computer equipment leased to and used by domestic insurance company not entitled to exemption pursuant to R.C. 5725.25(A), when.

Mandamus to compel Superintendent of Insurance to act on pending application for licensure as an other-than-life insurance agent—Writ granted, when.

Attorney at law—Misconduct—Indefinite suspension—Failing to act competently—Failing to zealously represent client—Failure to cooperate in investigation of alleged misconduct—Violation of a Disciplinary Rule—Illegal conduct involving moral turpitude—Conduct prejudicial to the administrator of justice.