Slip opinions decided 1996 — Ohio Public Domain Citations

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 motion within ninety days from journalization of 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 demonstrate a genuine issue as to whether appellate counsel provided constitutionally adequate representation.

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.

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 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 state a colorable claim—Reviewing court cannot add matter to the record and then decide the appeal on the basis of the new matter.

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 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 no genuine issue as to whether applicant was deprived of the effective assistance of counsel on appeal is present.

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 shown.

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 no colorable issue of ineffective assistance of appellate counsel raised.

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 show 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 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 not prejudiced by counsel's failure to file a motion to suppress certain incriminating statements made to the police.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counse1—Application denied when applicant fails to establish ineffective assistance of counsel on the record presented.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue whether applicant was prejudiced by any alleged deficient performance of his appellate counsel exists.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue indicating ineffective assistance of appellate counsel exists.

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 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 failure to file the motion 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 no genuine issue exists as to whether applicant was prejudiced by any alleged deficient performance by his 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 allege or demonstrate any specific deficiencies in the performance 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 failure to file the motion within ninety days from 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 show good cause for filing application more than ninety days from 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 there is no showing that appellate counsel violated any essential duties in representing applicant, or that applicant was prejudiced by counsel's representation on 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 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)(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 raise a genuine issue as required by App.R. 26(B)(5).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant's claims are not well taken.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel based on appellate counsel's failure to raise issue of trial counsel's ineffectiveness—Application denied, when—Waiver of speedy trial right a sound trial strategy, 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 show 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 demonstrate a colorable claim of ineffective assistance of 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 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 there is no evidence that applicant's counsel's performance fell below an objective standard of reasonable representation and thus prejudiced applicant.

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.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when issue was reviewed in applicant's direct appeal and found to be without merit.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counse1—Application denied when it contains bare allegations that fail to satisfy requirements of App.R. 26(B)(2)(d).

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 court of appeals' decision affirming the conviction, 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 the existence of 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 state sufficient reasons for failure to file the motion within ninety days from 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 there is no genuine issue as to whether applicant was deprived of the effective assistance of counsel on 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 failure to file the motion within ninety days after journalization of the court of appeals' decision affirming the conviction, 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 demonstrate a genuine issue as to whether he was deprived of the effective assistance of counsel on 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 allege any substantive grounds for relief indicating that appellate counsel was ineffective.

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 motion within ninety days from journalization of the appellate judgment, as required by App.R. 26(B).

Juvenile court—Passing of statutory time period pursuant to R.C. 2151.353(F) does not divest juvenile courts of jurisdiction to enter dispositional orders.

Criminal law—Probation—Reversed criminal conviction may serve as basis for probation revocation unless probationer pleads and proves that reversal removes all factual support for the probation revocation.

Schools—Mandamus to compel board of education and superintendent of schools to issue grades and credits to students with unpaid instructional fees—Writ denied, when.

Schools—School bus driver—School Employees Retirement System does not abuse its discretion in denying application for disability retirement benefits, when.

Taxation—Free samples of various disposable and reusable products for use in hospitals and elsewhere in the medical field—Price of free samples, against which use tax is assessed, includes not only the cost of the materials but also the internal labor and overhead costs.

Taxation—Motor vehicle fuel tax—R.C. 5735.14 does not exempt from taxation fuel used in operating a motor vehicle's air conditioning equipment or in idling the vehicle.

Workers' compensation—R.C. 4123.512—Dismissal pursuant to Civ.R. 41(A)—Appellate procedure—Judgment affirmed when order not appealable.

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 court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Civil Rights Commission—Elements of prima facie case of discrimination in education under R.C. 4112.022(A)—"Otherwise qualified" handicapped person, defined.

Civil procedure—Motion for relief from judgment—Court of appeals does not abuse its discretion in overruling a Civ.R. 60(B) motion without conducting an evidentiary hearing, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue is raised as to whether applicant was denied the effective assistance of appellate counsel—Petition for postconviction relief—Allegation that co-defendants were coerced into falsely implicating petitioner in crimes for which he was convicted—Petition denied when allegations of coerced testimony were satisfactorily rebutted by trial record.

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 timely filed.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Applicant's notice of appeal to Supreme Court divests court of appeals of jurisdiction to rule upon application to reopen—S.Ct.Prac.R. II(2)(D)(1), applied—Claims asserting ineffective assistance of appellate counsel in capital cases must be raised on direct appeal to Supreme Court, unless capital defendant "shows good cause for filing at a later time."

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue whether applicant was deprived of effective assistance of appellate counsel is present.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when inappropriate—Judgment complained about is an appeal from a motion to dismiss and not an appeal from a judgment of conviction and sentence.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Judges—Affidavit of disqualification—Recusal of one judge of a multi-judge division, with reassignment without hearing of another judge by administrative judge of that division, does not impute bias, prejudice, or an appearance of impropriety to the judge to whom case is assigned.

Judges—Affidavit of disqualification—Judge's simple expression of condolences to victim's family and offer to answer questions following trial does not indicate bias—Judge does not demonstrate predisposition to impose death penalty, when.

Judges—Affidavit of disqualification—Recusal of one judge of a multi-judge division, with reassignment without hearing of another judge by administrative judge of that division, does not impute bias, prejudice, or an appearance of impropriety to the judge to whom case is assigned.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Mandamus to compel trial judge to issue ruling on motion for summary judgment—Writ denied when relators seek to compel trial judge to render decision promptly.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failure to carry out contract of employment—Causing prejudice or damage to a client—Attempt to exonerate or limit liability for malpractice—Failure to maintain client funds--Failure to pay and deliver client funds—Charging a clearly excessive fee—Engaging in conduct adversely reflecting on fitness to practice law—Engaging in conduct involving deceit or misrepresentation—Conduct prejudicial to the administration of justice—Neglecting or refusing to assist in disciplinary investigation.

Workers' compensation—Application for permanent total disability compensation denied by Industrial Commission—Cause returned to commission by Supreme Court for further consideration and amended order, when.

Mandamus to compel Board of Directors of the Gallia, Jackson, Meigs, Vinton Joint Solid Waste Management District to comply with R.C. 343.012(B)—Writ denied, when.

Appellate procedure—Supreme Court will not indulge in advisory opinions—When party attacks a judgment which is not the subject of the appeal, court will not address the party's contentions.

Public welfare—Testamentary trust that expressly prohibits trustee from making any distribution that would affect the beneficiary's Medicaid benefits does not constitute a "countable resource" under Ohio Department of Human Services Medicaid Regulatory scheme set out in Ohio Adm.Code Chapter 5101:1-39.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue of whether applicant was deprived of effective assistance of counsel on appeal is raised.

Attorneys at law—Misconduct—Public reprimand—Accepting private employment in a matter upon the merits of which the attorney has acted in a judicial capacity.

Appellate procedure—Appellate court may decide an issue on grounds different from those determined by the trial court—Evidentiary basis upon which court of appeals decides a legal issue must have been adduced before the trial court and made a part of the record thereof—Criminal law—Evidence—Opening of closed pill container for inventory purposes by police during impounding of a car reasonable for Fourth Amendment purposes, when.

Taxation—Motor vehicle fuel tax—R.C. 5735.23(C) and 5735.27 do not violate the Uniformity Clause of Section 26, Article II of the Ohio Constitution.

Taxation—Real property—Board of Tax Appeals' valuation unreasonable, when.

Attorneys at law—Misconduct—One-year suspension with sanction held in abeyance and attorney placed on probation for two years with conditions—Neglecting an entrusted legal matter—Prejudicing or harming a client--Engaging in conduct adversely reflecting on fitness to practice law.

Probate law—Wills—An ademption has occurred where specifically devised property was sold to a third party prior to the testator's death under a durable power of attorney.

Motor vehicles—Driving while intoxicated—License suspended administratively, pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19—Disposition of causes on authority of Gustafson and Williams.

Criminal law—Drug offenses—R.C. 2925.14(H) does not violate the due process or equal protection provisions of the Ohio and United States Constitutions.

Habeas corpus not available to challenge either the validity or the sufficiency of an indictment—Habeas corpus petition denied for failure to comply with R.C. 2725.04(D).

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

Criminal procedure—Domestic violence complaint—Trial court has discretion to sua sponte dismiss a criminal case over the objection of the prosecution where the complaining witness does not wish for the case to proceed.

Attorneys at law—Misconduct—Public reprimand—Neglecting an entrusted legal matter—Intentionally failing to carry out contract entered into with a client for professional services.

Attorneys at law—Misconduct—Permanent disbarment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct that adversely reflects on fitness to practice law—Neglecting an entrusted legal matter—Failure to preserve identity of funds and property of client—Failure to cooperate in disciplinary investigation—Engaging in conduct prejudicial to the administration of justice—Late payments of attorney registration fees—Failure to register for 1993-1995 biennium—Failure to deposit client funds in identifiable bank accounts.

Civil procedure—Motion for directed verdict—Civ.R. 50(A)(4) interpreted and applied.

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 shown.

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 show 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), and fails to disclose the existence of a genuine issue as to appellate counsel's effectiveness.

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.

Taxation—Franchise tax—R.C. 5733.041 allows a deduction of depreciation add-backs from net income only for taxpayers who paid the tax on the net income basis in the years generating the deduction.

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

Attorneys at law—Misconduct—Two-year suspension with one year stayed and two-year probation—Neglect of entrusted legal matters—Failure to deposit funds into IOLTA—Failure to comply with CLE requirements.

Prohibition restraining judge from holding a hearing on the affirmative defense of personal use of marijuana following the court's acceptance of a no contest plea to a charge of trafficking in marijuana—Writ granted, when

Mandamus to compel Ohio Penal Industries to pay relator additional compensation—Writ denied when adequate remedy at law available—Inmate grievance procedure provided in Ohio Adm.Code 5120-9-31 constitutes an adequate legal remedy which must be exhausted prior to instituting a mandamus action regarding complaints and problems of inmates relating to conditions of their incarceration.

Prohibition to prevent judge of common pleas court from conducting any additional hearings or rendering any decision on the issue of damages in an underlying action—Court of appeals errs in issuing writ when relators fail to establish that judge patently and unambiguously lacks jurisdiction to proceed with the damages hearing and determination.

Attorneys at law—Misconduct—Six-month suspension stayed on conditions—Conviction in Texas for possession of a controlled substance.

Taxation—Real property valuation—Party does not have standing to file a complaint seeking a decrease in the value of property owned by another—R.,C. 5715.13, construed and applied.

Insurance—Contract language using pronouns "you" and "your" not ambiguous when definitions section of policy defines the terms.

Insurance—Incidents of intentional acts of sexual molestation of a minor do not constitute "occurrences" for purposes of determining liability insurance coverage—Public policy precludes issuance of insurance to provide liability coverage for injuries resulting from intentional acts of sexual molestation of a minor.

Trial procedure—Trial court has discretion to permit or prohibit note-taking by jurors—When note-taking is permitted, trial court should instruct jurors they are not required to take notes—Cautionary instructions to jurors about note-taking.

Insurance—Insurer does not act in bad faith in failure to defend insured in breach of distributorship contract action, when—Trial court's determination of damages not disturbed, when—Allowance of setoff of damages reversed, when.

Criminal law—Requirements for waiver of right to trial by jury—Absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury—Failure to comply with R.C. 2945.05 may be remedied only in a direct appeal from a criminal conviction.

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

Employment relations—Whistleblower protection—It is sufficient that an employee had a reasonable belief that a co-worker violated a statute, city ordinance, work rule, or company policy to gain protection of R.C. 4113.52(A)(3).

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Taxation—Use tax—Exemptions—Waste conveyor system and Wagner trucks used by salt mining company not exempt under R.C. 5739.01(E)(2) as used directly in mining or refining.

Civil procedure—Standards for granting summary judgment under Civ.R. 56 when a moving party asserts that a nonmoving party has no evidence to establish an essential element of the nonmoving party's case—Civ.R. 56, construed and applied.

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

Attorneys at law—Misconduct—Permanent disbarment—Conviction in Florida for cocaine trafficking, conspiracy to traffic in cocaine, and violating Florida's Racketeering Influenced and Corrupt Organization Act.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission abuses its discretion in denying claim when its order does not satisfy Noll requirements.

Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery—Test applied in cases where unidentified driver's negligence causes injury is the corroborative evidence test.

Taxation—Sales tax—Fuel dispensing equipment exempt, when—For purposes of R.C. 5739.16(B), an administrative rule adopted by Tax Commissioner remains "in full force and effect" until commissioner rescinds it or a court specifically declares it invalid.

Insurance—Incidents of intentional acts of sexual molestation of a minor do not constitute "occurrences" for purposes of determining liability insurance coverage—Public policy precludes issuance of insurance to provide liability coverage for injuries resulting from intentional acts of sexual molestation of a minor.

Criminal law—Sexual abuse of a child—Evidence—Expert testimony—Defendant in child sexual abuse case may present testimony as to the proper protocol for interviewing child victims regarding their abuse.

Workers' compensation—Industrial Commission does not abuse its discretion in basing a permanent partial disability award solely on medical and clinical findings that are reasonably demonstrable.

Taxation—Use tax on automobiles purchased and modified into high-performance vehicles by manufacturer of automotive paint and coatings—Cars transported to races throughout nation for use as pace cars and display—Sufficient nexus to Ohio, when—R.C. 5741.02(A), applied.

Mandamus to compel court to file a final order—Writ denied when act already performed.

Attorneys at law—Misconduct—Indefinite suspension—Conviction of conspiracy to manufacture marijuana.

Workers' compensation—Industrial Commission does not abuse its discretion in basing a permanent partial disability award solely on medical and clinical findings that are reasonably demonstrable.

Mandamus to compel State Employment Relations Board to vacate its dismissal of relators' unfair labor practice charges and to hold a hearing on the charges—Writ denied, when.

Attorney at law—Misconduct—Two-year suspension with credit for time served from November 12, 1993, with conditions for reinstatement—Convictions for theft in office and receiving stolen property.

Attorneys at law—Misconduct—Indefinite suspension—Full restitution to clients a condition for reinstatement—Conduct involving misrepresentation—Conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failure to carry out contract of employment—Failure to preserve identity of client funds in an identifiable bank account.

Attorneys at law—Misconduct—Indefinite suspension with petition for reinstatement conditioned upon complete restitution—Conviction of grand theft and theft.

Taxation—Listing personal property by manufacturer—Inventory in the process of manufacture, to the extent of progress payments received therefor, is not "owned" by the manufacturer and is not taxable to it as Schedule 3 personal property under R.C. 5711.16, when.

Attorneys at law - Alleged judicial campaign violations - Enforcement of Canon 7 of the Code of Judicial Conduct and related disciplinary procedures in Section 5, Rule II of the Supreme Court Rules for the Government of the Judiciary.

Workers' compensation—Application for permanent total disability compensation—Relief pursuant to State ex rel. Gay v. Mihm will be granted only in extraordinary circumstances revealing an abuse of discretion.

Workers' compensation—Rate and premium jurisdiction—Former R.C. 4123.29, applied.

Workers' compensation—Application for determination of permanent partial disability—Extensive burns to forty percent of claimant's body—Industrial Commission's award of fifty percent permanent partial disability not an award for facial and head disfigurement when disfigurement sustained by claimant extends beyond his face and head region—Industrial Commission's decision not disturbed by Supreme Court when supported by some evidence in the record.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission's denial of application not an abuse of discretion when the explanation of the commission's reasoning is not perfect but is based upon evidence in the record and does give some explanation for its conclusion.

Workers' compensation—Industrial Commission abuses its discretion in denying permanent total disability compensation when it does not explain the reasoning for its decision.

Schools—Teachers—Supplemental contract for additional duties improperly reduced, when—Term of automatically renewed supplemental contract—Former R.C. 3119.11, construed and applied.

Workers' compensation—Application for temporary total disability compensation—Finding by Industrial Commission that claimant did not voluntarily abandon position of employment—Order remanded to commission by Supreme Court for further explanation and clarification when order is vague.

Taxation—Free drug samples distributed to physicians in Ohio by New Jersey drug company's field representatives—Use tax assessed, when—R.C. 5739.02(B)(18), applied.

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

Torts—Negligence—Wrongful death—"children," as used in R.C. 2125.02(A)(1), construed—Child born out of wedlock not foreclosed from recovering damages for wrongful death of his or her putative father where paternity had not been established during the putative father's lifetime—Common pleas court has jurisdiction to determine paternity of child born out of wedlock in conjunction with a wrongful death claim.

Workers' compensation—Award of wage-loss compensation—Industrial Commission's failure to examine critical issues dictates a return to the commission for further consideration.

Torts—Negligence—Passenger injured at rapid transit station—Duty of care owed passenger—Where entrant upon another's land exceeds scope of landowner's invitation, entrant loses status of an invitee and becomes either a licensee or trespasser.

Schools—Teachers—Failure of board of education to comply with observation requirements of R.C. 3319.111(B)(2) constitutes a failure to comply with evaluation requirements of R.C. 3319.111(A)—Failure to comply with R.C. 3319.111(A) reverses board's decision not to re-employ a teacher under R.C. 3319.11(G)(7)—Back pay of teacher whose contract was not properly nonrenewed begins to accumulate, when.

Taxation—Validity of tax assessments made after expiration of three-year statute of limitations in effect when income tax returns were filed but prior to expiration of four-year statute of limitations which became effective after income tax returns were filed--R.C. 5747.13(C) is a remedial statute applicable to any proceedings conducted after its effective date.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission does not abuse its discretion in denying compensation when order adequately sets forth the reasoning the commission used to reach its decision.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission abuses its discretion in denying compensation when it did not consider all allowed conditions.

Workers' compensation—Industrial Commission abuses its discretion in denying temporary total disability compensation, when

Workers' compensation—Application for permanent total disability compensation—Compensation denied when Industrial Commission determines claimant's age, not injury, was the overwhelming impediment to a return to work—Commission's denial of compensation not an abuse of discretion when supported by "some evidence."

Taxation—Free drug samples distributed to physicians in Ohio by Connecticut drug company's field representatives—Use tax assessed, when—R.C. 5739.02(B)(18), applied.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation not an abuse of discretion when commission's decision is supported by "some evidence."

Workers' compensation—Application for permanent total disability compensation—Medical report which predates claimed disability period is "some evidence" supporting Industrial Commission's denial of application, when.

Workers' compensation—Permanent partial disability compensation--Election of compensation under former R.C. 4123.57—"Good cause" for changing original election not shown, when—Circumstances were foreseeable when initial election was made.

Corporations—Torts—Determination of whether shareholder action against corporation should be brought as a derivative action pursuant to Civ.R. 23.1 or as a direct personal action.

Workers' compensation—Handicap reimbursement for temporary total disability compensation—Request for reimbursement made after company opts out of program for outlays made before the opt-out date—Industrial Commission abuses its discretion in denying reimbursement.

Taxation—Income tax—Former R.C. 5747.07(F), now R.C. 5747.07(G), imposes personal liability for penalties and interest owed by the corporation upon the employee responsible for filing the report and paying the employee withholding tax.

Corporations—Securities—R.C. 1707.01(J) gives intrastate securities dealers adequate notice that federal law may be applied to calculate current market price of over-the-counter stock to determine fraudulent conduct.

Torts—Wrongful death—Products liability—"Product" as used in R.C. 2307.71, construed and applied—Failure to warn—R.C. 2307.76, applied.

Juvenile court—Custody proceeding under R.C. 2151.23—Custody awarded to nonparent—Court's finding of abandonment and unsuitability supported by competent evident—Best interests of child—R.C. 3109.04.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation an abuse of discretion when claimant's nonmedical profile is not conducive to retraining/re-employment into a position other than his former one, to which he cannot return because of his medical condition.

Workers' compensation—Industrial Commission's denial of application for additional compensation alleging violation of a specific safety requirement not an abuse of discretion, when—Interpretation of a specific safety requirement is within sound discretion of commission.

Taxation—Franchise tax—Calculating net worth of corporation—R.C. 5733.05, applied.

Taxation—Real property valuation—Appeal from board of revision dismissed when requirements of R.C. 5717.05 not followed precisely.

Civil procedure—Contracts—Settlement agreements—Obligee need not accept the performance, but need only conclude the litigation, when.

Civil procedure—Trial court has broad discretion when imposing discovery sanctions—Reviewing court shall review these rulings only for an abuse of discretion.

Workers' compensation—Violation of a specific safety requirement—Industrial Commissioner's refused to consider whether Ohio Adm.Code 4121:1-3-03(J)(1) was violated is an abuse of discretion, when.

Public records—Party seeking public records entitled to award of attorney fees where custodian of public records fails to comply with a proper request under R.C. 149.43 and complies only after a mandamus action is filed—Award of attorney fees under R.C. 149.43(C) is mandatory.

Workers' compensation—Fact that a claimant has been fired for a reason unrelated to an allowed condition has no bearing on claimant's eligibility for wage loss compensation, when.

Domestic relations—Reciprocal enforcement of child support—R.C. Chapter 3115 does not confer subject matter jurisdiction over issues concerning child custody and visitation in an action for child support enforcement.

Workers' compensation—Ohio Adm.Code 4121-3-32(B)(2)(d) does not preclude termination of temporary total disability compensation upon the finding by a regional board of review that claimant has been offered suitable employment sufficient to terminate temporary total disability compensation.

Taxation—Real property valuation—Sale/leaseback transaction—Best evidence of property's value—Review by Board of Tax Appeals of independent appraisal based upon factors other than the sale price is appropriate when it is shown that sale price does not reflect true value.

Workers' compensation—Application for temporary total disability compensation—Industrial Commission does not abuse its discretion when determining that claimant's departure from his former position of employment was "voluntary" and abandonment barred temporary total disability compensation.

Torts—Negligence—Real property—Owner or occupier of private property can be liable to a fire fighter or police officer who enters premises and is injured in the performance of his or her official job duties, when.

Mandamus to compel Bureau of Workers' Compensation to consider relator's withdrawal from participation in the R.C. 4123.343 handicap reimbursement program effective for the first half of 1990 or for the bureau to calculate its assessment for that period under the pre-1990 rate standard—Writ denied, when.

Workers' compensation—Industrial Commission abuses its discretion in denying application for partial disability compensation pursuant to former R.C. 4123.57(A), when.

Appellate procedure—Directive issued by jail authority releasing defendant and suspending commencement of sentence because jail is at maximum capacity is not an "order" that may be appealed—R.C. 2505.03(A) and 2505.02, construed and applied.

Criminal law—Speedy trial—Mayor's courts—Transfer to municipal court is "removal within meaning of R.C. 2945.72(F)—Period of delay necessary to the removal is the time from arrest or summons to the date the mayor's court certifies the case to the municipal court.

Taxation—Income tax—Municipal corporation not precluded from levying income tax on lottery winnings received by its residents.

Workers' compensation—Attending physician issues contradictory reports regarding claimant's eligibility to receive temporary total disability compensation--Industrial Commission does not abuse its discretion in terminating benefits as of the date of a hearing before a district hearing officer rather than the date the attending physician first produced a letter suggesting that claimant had reached maximum medical improvement when there is "some evidence" supporting the commission's decision.

Public officials—Compensation—Public official who accepts compensation contrary to statute is under no legal duty to repay the compensation, when.

Taxation—Real property valuation—Board of Tax Appeals' valuation of property unlawful and unreasonable, when—Standard to apply in determining whether a sale of property was an arm's-length transaction and the best evidence of true value.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation not an abuse of discretion when supported by "some evidence" and in compliance with State ex rel. Noll v. Indus. Comm.

Workers' compensation—Aggravation of pre-existing multiple sclerosis—Award of permanent total disability compensation by Industrial Commission not an abuse of discretion, when.

Wills—Contractual requirement of devising family farm to specific class of individuals met when devise made to a narrow subset of the broad class.

Criminal law—Pleas—Enforcement of plea unconstitutional, when—Plea not knowingly or intelligently made, when—Crim.R. 11(C), applied.

Taxation—Sales and use taxes—Equipment used to perform Federal Food and Drug Administration testing on samples of a pharmaceutical batch taken after the packaging and sale of the remainder of the batch not exempt.

Taxation—Use tax on quarterly magazine published and mailed from Boston, Massachusetts, to Ohio residents by Ohio health mainteance organization—R.C. 5741.02(A), applied—Taxable "use," when.

Juvenile law—Custody—Termination of parental rights action—R.C. 2151.414(E)—Permanent custody may not be granted, when.

Civil actions—Products liability—Causes of action brought pursuant to R.C. 2307.71 et seq. governed by two-year statute of limitations provided in R.C. 2305.10.

Taxation—Real property valuation—Party does not have standing to file a complaint seeking a decrease in the value of property owned by another—R.C. 5715.13, construed and applied.

Criminal law—Eligibility for probation under R.C. 2951.02 is a prerequisite for shock probation under R.C. 2947.061—R.C. 2947.061, construed.

Criminal law—Sex offenses—Rape—R.C. 2907.02—Child under the age of fourteen is presumed capable of committing rape.

Uniform Commercial Code—Letters of credit—Direct conflict between provision of Uniform Customs and Practice for Documentary Credits (Rev. 1983) and an analogous provision of R.C. Chapter 1305—Uniform Customs and practice's terms replace those of R.C. Chapter 1305, when—Phrase "other person who causes an issuer to issue a credit" in R.C. 1305.01(A)(7), construed.

Public libraries—Allocation of county library support funds—Remand from Supreme Court to Board of Tax Appeals to reallocate Williams County library and local government support funds for years 1987 and 1989.

Torts—Malicious prosecution—Elements stated, including seizure of person or property.

Workers' compensation—Denial of permanent total disability compensation by Industrial Commission not an abuse of discretion when commission's explanation of nonmedical/vocational factors complies with Stephenson and Noll.

Workers' compensation—Denial of application for permanent total disabilty compensation by Industrial Commission not an abuse of discretion when "some evidence" is present supporting the commission's conclusion that, medically, claimant could do sedentary work.

Torts—Negligence—Comparative negligence law applicable to cases involving accountant negligence.

Taxation—Property taxes—In an appeal to the Board of Tax Appeals under R.C. 5705.341 concerning a tax levy, the taxing entity or entities whose funding is affected by the outcome of the appeal must be named as appellees in the notice of appeal.

Debtor and creditor—Advice given by creditor to debtor in a commercial context in which the parties deal at arm's length is insufficient to create a fiduciary relationship.

Workers' compensation—Industrial Commission abuses its discretion in denying application for permanent total disability compensation, when.

Natural resources—Oil and gas—R.C. 1509.08 does not unconstitutionally delegate legislative authority to Chief of Ohio Division of Mines and Reclamation.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission's order denying compensation an abuse of discretion when order does not sufficiently explain commission's reasoning as required by Noll.

Workers' compensation—R.C. 4123.60 affords dependents, upon timely application, the right to claim compensation for which a decedent was eligible but was not paid before death—Mandamus available to enforce this right—Industrial Commission's order denying application for compensation an abuse of discretion when requirements of Noll not met.

Torts—Negligence—Streets and highways—Death resulting when chunk of concrete thrown from overpass through automobile windshield—Court of Claims—Pursuant to R.C. 2743.02, Ohio Department of Transportation not immune from claims of liability, when.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission's denial of application not an abuse of discretion, when.

Habeas corpus not available to challenge the sufficiency of an indictment.

Appeal dismissed as improvidently allowed.

Prohibition to enjoin judge from exercising jurisdiction in a child-support modification motion where parties have previously agreed to and trial court has ordered nonbinding mediation of all postdivorce disputes prior to initiating court action—Petition dismissed, when.

Mandamus to compel Cleveland officials to provide relator access to investigative file concerning her son's unsolved homicide—Writ denied when requested records are exempt work product under R.C. 149.43(A)(2)(c).

Mandamus to compel Custodian of Records for Lakewood Police Department to provide requested police report and to enjoin the custodian from requiring persons requesting public records to provide personal information prior to being afforded access to the records—Cause dismissed, when.

On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 95-09.

Motor vehicles—Driving while intoxicated—Breathalyzer test—Senior operator not required to check the performance of an operator with respect to the use of a breath test.

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

Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery.

Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery.

Mandamus to compel Director of Ohio Department of Human Services to restore relator's full compensation, transfer relator to the position to which he had been promoted, and report to law enforcement officials alleged criminal violations committed by employees who submitted "Report for Leave" forms in relator's name without his consent or authorization—Writ denied, when.

Mandamus to compel common pleas court to vacate its order appointing a guardian ad litem for relator—Writ denied where adequate remedy at law exists.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of eleven felony counts in federal court—Previous suspension from the practice of law.

Mandamus to compel Hamilton County and the city of Cincinnati to provide copies of audio tapes of various "911" emergency calls in their custody—Writs granted.

Prohibition preventing juvenile court judge from proceeding with a parentage action denied, when.

Attorneys at law—Misconduct—Public reprimand—Neglecting an entrusted legal matter—Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation—Conduct adversely reflecting on fitness to practice law.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—Two-year suspension with one-year stayed on condition no disciplinary complaints are certified to Board of Commissioners on Grievances and Discipline during the two-year period—Misrepresenting financial statutes of a client to Department of Human Services to qualify client for public assistance—Failure to maintain client's funds in a fiduciary account.

Criminal law—Aggravated murder—Death penalty upheld, when—Penalties and sentencing—"Aggravating circumstances" against which mitigating evidence is to be weighed are limited to specifications of aggravating circumstances set forth in R.C. 2929.04(A)(1) through (8) alleged in indictment and proved beyond a reasonable doubt—Improper comment by prosecutor in penalty phase of capital trial—Death sentence vacated on appeal and cause remanded for resentencing, when.

Attorneys at law—Misconduct—Six-month suspension—Neglect of an entrusted legal matter—Failure to cooperate in disciplinary investigation.

Mandamus to compel Pickaway County Board of Elections to certify relator as the Republican Party candidate for Pickaway County Sheriff and to place his name on the March 19 ballot—Writ granted, when.

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

Taxation—Real property valuation—Appeal to Board of Tax Appeals—Board's decision affirmed by court when reasonable and lawful.

Public Utilities Commission—Telecommunications—Alternative regulation—Commission exceeded scope of its statutory authority when it used alternative rate-setting methods to establish telecommunications company's basic local exchange service rates—Increasing single tariff does not trigger application of R.C. 4927.04(A) when net tariff charges for the basic local exchange service as a whole result in a revenue decrease.

Mandamus to compel North Canton and civil service commission to promote patrolman to lieutenant with back pay—Writ denied, when.

Taxation—Real property valuation—Appeal to Board of Tax Appeals—Burden is on property owner to come forward with evidence to prove true value of property—Board has wide discretion in determining weight to be given evidence and credibility of witnesses—Board's decision reversed only when decision is unreasonable or unlawful.

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

Mandamus to compel city prosecutor to investigate alleged misuse of a police computer by a police officer, to initiate an investigation into criminal allegations already being investigated by other law enforcement personnel, and to appoint a special prosecutor—Writ denied, when.

Taxation—Real property valuation—Board of revision's dismissal of complaint seeking reduction in taxable value of property reasonable and lawful when complaint violates R.C. 5715.19(A)(2).

Taxation—Real property valuation—Board of Tax Appeals' inference that sale of real property was not an arm's-length transaction is neither unreasonable nor unlawful, when.

Mandamus to compel common pleas court judge to correct alleged fraudulent entries in a probate court case—Appellate court errs in dismissing the mandamus claim, when—Mandamus to compel common pleas court judge to correct journal entries in an probate court case—Appellate court errs in dismissing the mandamus claim, when.

Taxation—Real property valuation—Carryover from the filing of a prior complaint is not applicable to the tax year and succeeding years for which a valid new complaint is filed and determined by a board of revision—R.C. 5715.19, construed and applied.

Criminal law—Judge who rules on a Crim.R. 16(B)(1)(e) motion may not conduct the trial—Violation of rule not reversible error.

Mandamus to compel access to investigative file on Bureau of Workers' Compensation Director of Rehabilitation concerning alleged authorization of state services to ineligible persons—Writ granted—Mandamus to compel access to investigative file on Bureau of Workers' Compensation Director of Rehabilitation concerning use of state vehicle to attend a baseball game—Writ granted with redaction of portions of file that disclose identity of bureau employees who were promised confidentiality and may have been sexually harassed—Attorney fees for pro se relator denied.

Criminal law—Appeal—Only courts of appeals may overturn trial court judgments on the ground that the verdict was against the manifest weight of the evidence—Limits of Supreme Court review.

Criminal law—Appeal—Only courts of appeals may overturn trial court judgments on the ground that the verdict was against the manifest weight of the evidence—Limits of Supreme Court review.

Petition for writ of habeas corpus seeking release from confinement—When petitioner is incarcerated for several crimes, sentencing court's lack of jurisdiction to sentence him on one of the crimes does not warrant release in habeas corpus.

Attorneys at law—Misconduct—Six-month suspension—Deliberately false statements to a client—Neglect of an entrusted legal matter—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Prior offenses considered as a factor that may justify an increase in the degree of discipline for subsequent misconduct.

Appellate procedure—Applications for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Applications denied when none of applicant's claims has merit.

Appellate procedure—Application for reopening 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 after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Attorneys at law—Misconduct—Permanent disbarment—Failure to cooperate with efforts to investigate allegations of misconduct—Conduct prejudicial to the administration of justice—Conduct adversely reflecting on fitness to practice law.

Attorneys at law—Misconduct—Public reprimand—Accepting employment where attorney's independent judgment on client's behalf is likely to be adversely affected, without client's consent after full disclosure—Continuing multiple employment where attorney's independent judgment on any client's behalf is likely to be adversely affected, without clients' consent after full disclosure—Failing to deposit client's funds in identifiable bank account.

Attorneys at law—Misconduct—Public reprimand—Advising or causing person to secrete himself or to leave jurisdiction of a tribunal for the purpose of making himself unavailable as a witness therein—Conduct prejudicial to the administration of justsice—Conduct that adversely reflects on fitness to practice law.

Attorneys at law—Misconduct—Six-month suspension—Aiding a non-lawyer in the unauthorized practice of law—Delegating tasks to lay persons without maintaining a direct relationship with client.

Attorneys at law—Misconduct—Indefinite suspension—Failing to promptly pay or deliver funds client is entitled to receive—Failing to carry out contract of employment—Engaging in conduct prejudicial to the administration of justice—Neglecting an entrusted legal matter.

Attorneys at law—Misconduct—Public reprimand—Acquiring a proprietary interest in cause or subject of client litigation.

Attorneys at law—Misconduct—Two-year suspension stayed on conditions—Neglect of an entrusted legal matter—Failure to keep appropriate accountings of client's funds or property—Failure to make prompt payment of client's funds to client.

Attorneys at law—Misconduct—One-year suspension—Court-appointed counsel for criminal defendant engaging in sexual activity with client in a jail meeting room.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Commingling of funds.

Attorneys at law—Misconduct—Indefinite suspension—Failure to preserve client's secrets or confidences—Acceptance of employment in which lawyer's own interest may impair professional judgment on behalf of client—Continuing multiple employment where independent judgment on any client's behalf may be adversely affected, without client's consent after full disclosure—Failure to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Six-month suspension—Conduct prejudicial to the administration of justice.

Attorneys at law—Misconduct—Permanent disbarment—Failure to maintain client funds in identifiable bank account—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Charging a clearly excessive fee—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Representation without adequate preparation.

Elections—Mandamus—Candidacy for sheriff—Law enforcement training certificate requirement of R.C. 311.01(B) satisfied, when—Writ granted to compel board to certify candidacy.

Elections—Prohibition—Challenge to petitions on grounds that circulator was not the person specified as the circulator on the petitions—Protest untimely under R.C. 3501.39 and 3513.05—Board of elections lacks authority to invalidate petitions, when—Writ granted.

Appeal dismissed as improvidently allowed.

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

Taxation—Franchise tax—Combination of net incomes of corporations—Former R.C. 5733.052(B), construed—Compliance with filing deadline by one corporation satisfies R.C. 5733.05(B)'s requirement of making an election in a timely report.

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

Employment relations—Termination of employment—Requirements to establish a prima facie case of handicap discrimination—Cancer may be a "handicap" as that term is defined in former R.C. 4112.01(A)(13).

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Motion for reconsideration dismissed as improvidently granted.

Taxation—Income tax—R.C. 5747.02 as amended effective July 1, 1989 is not unconstitutional as applied to a nonresident taxpayer receiving annual payments on Ohio lottery winnings in tax years 1989 and thereafter even though taxpayer won the lottery in a year prior to 1989.

Workers' compensation—R.C. 4127.04 unjustifiably discriminates against dependents of work-relief employees by preventing such dependents from receiving the same benefits as dependents of other employees whose death is caused by a work-related injury or disease—R.C. 4127.04 violates the Equal Protection Clauses of the Ohio and United States Constitutions.

Criminal law—Drug offenses—R.C. 2925.03(M), 2925.11(F)(1) and 2925.23(H) do not violate the due process or equal protection provisions of the Ohio and United States Constitutions.

Age discrimination—Phrase "Absent direct evidence of age discrimination" used in Kohmescher v. Kroger Co., construed—Plaintiff must show that she was "discharged" in order to establish a prima facia case of age discrimination under former R.C. 4101.17—When plaintiff alleging unlawful age discrimination chooses termination in lieu of transfer, the decision cannot be construed as an actual discharge under former R.C. 4101.17—Test for determining whether an employee was constructively discharged.

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 demonstrate a colorable claim of ineffective assistance of counsel.

Mandamus to compel judge to vacate an entry transferring relator's malpractice action to another county—Writ denied, when.

Attorneys at law—Misconduct—One-year suspension with sanction stayed on conditions—Conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Conduct prejudicial to the administration of justice.

Attorneys at law—Misconduct—Two-year suspension suspended with conditions—Substance abuse.

Attorneys at law—Misconduct—Public reprimand—Accepting employment, without client's consent after full disclosure, when attorney's judgment on client's behalf may reasonably be affected by attorney's own interests.

Attorneys at law—Misconduct—Permanent disbarment—Conduct prejudicial to the administration of justice—Conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failure to timely apply for termination of probation—Failure to cooperate in investigation of alleged misconduct—Failure to register as an attorney.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appellate procedure—S.Ct.Prac.R. II(2)(A)(1), applied—Failure to file notice of appeal within forty-five days from entry of judgment being appealed divests Supreme Court of jurisdiction to hear the appeal.

Workers' compensation—Benefits in case of death—Decedent's legal obligation towards minor child entitles child to whole dependency status and resulting death benefits—R.C. 4123.59, applied.

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

Attorneys at law—Misconduct—Two-year suspension stayed with condition—Conduct that adversely reflfects on fitness to practice law—Neglect of an entrusted legal matter—Failure to cooperate in investigation of alleged misconduct—Failure to meet continuing legal education requirements.

Appeal dismissed as improvidently allowed.

Appellate procedure—Application for reopening appeal from judgment and convictions 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 convictions, as required by App.R. 26(B).

Criminal law—Issues involving relationship of the indictment to the evidence may be appealed—Habeas corpus not available when petitioner has adequate remedy at law by way of appeal.

Appeal dismissed as improvidently allowed.

Taxation—Real property valuation—Board of Tax Appeals has discretion in admitting evidence, weighing it, and granting credibility to testimony—Board of Tax Appeals' decision affirmed by Supreme Court when it is reasonable and lawful.

Civil procedure—Dismissal and mandamus claim for failure to set forth the cause of action in numbered paragraphs, as required by Civ.R. 10(B), not appropriate, when.

Public records—Criminal defendant may not avail himself of R.C. 149.43 to support a petition for postconviction relief.

Mandamus to compel judge to issue findings of fact and conclusions of law and a judgment entry in a second postconviction relief petition—Mandamus action properly dismissed, when.

Prohibition—Presence of disagreement is insufficient to create an actual controversy if the parties to the action do not have adverse legal interests—Action to enjoin payment under letter of credit must include beneficiary as a party in order to present an actual controversy within court's subject matter jurisdiction.

Taxation—Real property valuation—Board of Tax Appeals' decision affirmed by Supreme Court when decision is reasonable and lawful—Board of Tax Appeals' decision remanded by Supreme Court when Supreme Court unable to find any evidence to support board's finding.

Taxation—Real property—Valuation of nursing home—Board of Tax Appeals does not abuse its discretion in disregarding real estate appraisal expert's report and opinion of value, when.

Taxation—Sales tax—Orthotics—Transcutaneous electrical nerve stimulators and neuromuscular electrical stimulators—Board of Tax Appeals' decision denying exemption under R.C. 5739.02(B)(19) reversed and cause remanded for determination whether the devices are exempt as aiding in human perambutation.

Attorneys at law—Misconduct—Public reprimand—Pursuing client's personal injury action and accepting legal fees from client's insurance carrier in exchange for the attorney's efforts to collect reimbursement for the carrier of its payment of client's medical expenses without disclosing dual employment to client for client's consent.

Mandamus to compel board of education to issue supplemental contract for relator as high school girls basketball coach for 1994-1995 school year—Writ denied, when.

Torts—Minor child has cause of action for loss of parental consortium against a third- party tortfeasor who negligently or intentionally injures the child's parent—Gallimore v. Children's Hosp. Med. Ctr. is applicable retroactively.

Habeas corpus seeking release from confinement—Petition dismissed, when.

Attorneys at law—Misconduct—Permanent disbarment—Repeated violations of Disciplinary Rules over a relatively short period of time—Continuing to practice law after suspension—Engaging in conduct that adversely reflects on fitness to practice law.

Attorneys at law—Misconduct—Two-year suspension with one year of sanction suspended with conditions—Conduct adversely reflecting on fitness to practice law—Failure to assist disciplinary investigation.

Public Utilities Commission—Commission does not abuse its discretion by refusing to express an opinion on the non-rate aspects of Garfield Heights ordinances dealing with electric rates—Commission has discretion to assess hearing costs and expenses.

Workers' compensation—Denial of application for permanent total disability compensation benefits—Industrial Commission does not abuse its discretion when there is "some evidence" that claimant's retirement was unrelated to his injury and, hence, voluntary.

Public Utilities Commission—Dismissal of complaint filed by electric company alleging violation of Certified Territory Act—Order reversed by Supreme Court and cause remanded to commission to proceed with hearing, when.

Motor vehicles—Driving while intoxicated—License suspended administratively, pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19—Subsequent prosecution of criminal drunk driving not precluded by Double Jepardy Clauses of Ohio and United States Constitutions.

Mandamus to compel release of investigatory records pertaining to alleged illegal wiretapping by police officers or other individuals—Writ denied, when.

Taxation—Sales and use taxes—Purchase of ratings information by a television station from media and market research firm exempt from taxation pursuant to R.C. 5739.01(B)(5).

Workers' compensation—Application for permanent total disability compensation denied by Industrial Commission—Relief pursuant to State ex rel. Gay v. Mihm inappropriate, when.

Elections—Reconsideration procedures may be invoked to correct decisions made in error—S.Ct.Prac.R. XI—Determination of number of valid part-petition signatures for placement on ballot of proposed municipal charter amendment—Sections 5, 8, 9, and 14, Article XVIII, Ohio Constitution, construed in pari materia—Writ granted, when.

Mandamus to compel board of education to pay teacher for the period of her employment as a learning disabled tutor according to either the R.C. 3317.13 minimum salary schedule for teachers or the teachers' salary schedule adopted by the board in accordance with R.C. 3317.14—Writ denied, when.

Real property—Oral contract to install brown concrete driveway—Defective concrete furnished by third party—Tort action for product liability not maintainable, when—Tort action for breach of implied warranty maintainable, when.

Workers' compensation—Denial of application for permanent total disability compensation—Industrial Commission is exclusive evaluator of disability and Supreme Court will not substitute its judgment for that of the commission.

Age discrimination—Employment discharge action—Inference that employer was motivated by discriminatory animus to act against employee not possible absent casual connection between employer's discriminatory statements and employee—Discrimination against other employees, standing alone, is insufficient to prove employer also discriminated against plaintiff-employee on basis of age—Establishing primia facie case of age discrimination under R.C. 4112.02 or 4112.14.

Taxation—Real property valuation—Determination of fair market value by Board of Tax Appeals when board unable to agree with conclusions of appraisers.

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 a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal, as required by App.R. 26(B)(5).

Public employment—Teachers—Collective bargaining—Section 4(A) of Am.Sub.S.B. No. 133 does not deprive State Employment Relations Board of jurisdiction to consider petition jointly filed by employer and an exclusive representative requesting SERB to amend composition of deemed certified bargaining unit.

Torts—Negligence—Safety and well-being of hotel guests—Damages—Absent proof of a defendant's subjective knowledge of danger posed to another, a punitive damages claim against that defendant premised on the "conscious disregard" theory of malice is not warranted.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of using false Social Security numbers in violation of Section 408(g)(2), Title 42, U.S. Code—Illegal conduct involving moral turpitude—Conduct involving fraud, deceit, dishonesty, or misrepresentation—Conduct prejudicial to the administration of justice—Conduct that adversely reflects on fitness to practice law—Failure to refuse employment in litigation in which attorney knows that he ought to be called as a witness—Acquisition of interest in client's litigation—Filing suit on client's behalf that attorney knows would merely harass another.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Claims asserting ineffective assistance of appellate counsel in capital cases must be raised in the first appeal as of right in the Supreme Court.

Health and safety—Regulation of construction and demolition debris facilities—Trumbull County not authorized to enact rules and regulations governing the licensing and operation of construction and demolition debris facilities within its jurisdictional boundaries—R.C. Chapter 3714, construed and applied.

Public libraries—Allocation of county library support funds—Board of Tax Appeals should deduct unemcumbered balances from needs to determine libraries' allocations.

Workers' compensation—Industrial Commission's order denying application for permanent total disability compensation upheld by Supreme Court, when.

Attorneys at law—Misconduct—Indefinite suspension—Making materially false statement in bar application by failing to reveal real estate sales license and suspension of that license—Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation—Engaging in conduct that adversely reflects on fitness to practice law—Accepting employment where exercise of judgment on behalf of client may be adversely affected by attorney's own interests, without client's consent after full disclosure—Continuing to represent two or more clients where attorney's independent judgment on behalf of a client may be adversely affected by multiple representation, without client's consent after full disclosure—Attempting to limit liability for personal malpractice.

Workers' compensation—Wage-loss compensation—Prerequisite to wage-loss payment is a medical inability to secure comparably paying work—Full medical release to return to former position of employment negates any assertion that claimant's inability to earn at his preinjury rate is medically precipitated.

Workers' compensation—Specific safety requirements—Ohio Adm.Code 4121:1-3-06(B)(3), read in conjunction with Ohio Adm.Code 4121:1-3-06(D)(4) and (5), requires vehicles that operate within an off-highway jobsite be equipped with seatbelts at all times, irrespective of where the vehicles are operating at the time an accident occurs.

Torts— Participants and spectators at sporting event are barred from bringing actions for injuries that arise out of the normal conduct of the game unless the conduct amounts to an intentional tort or reckless misconduct.

Workers' compensation—Application for additional compensation based on violation of specific safety requirement—Industrial Commission's denial of application not an abuse of discretion when claimant fails to establish that the lack of a prescribed safety device proximately caused his injury.

Workers' compensation—Industrial Commission's denial of wage loss compensation not an abuse of discretion, when.

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

Attorneys at law—Misconduct—Permanent disbarment—Misappropriating funds and neglecting to safeguard the interests of clients over a five-year period.

Taxation—Municipal income taxes—Food products company operating a manufacturing plant in city of Cleveland and a warehouse and shipping facility in city of Brecksville not required to pay municipal income taxes to Cleveland on sales resulting from purchase orders received in Cleveland from customers located outside Cleveland when products that filled those orders were shipped to the customers from inventory stored in Brecksville—R.C. 718.02(A), applied.

Criminal procedure—Parole—Reversal of a conviction which formed the basis for parole revocation does not automatically entitle a parolee to final release pursuant to R.C. 2967.16.

Attorneys at law—Misconduct—Public reprimand—Withdrawing from employment without taking reasonable steps to avoid foreseeable prejudice to client and delivering all papers to which client is entitled—Neglect of an entrusted legal matter—Failing in a timely manner to respond to a court order, pay the filing fee, and file the required notice of appeal and appellant's brief.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as having been improvidently allowed.

Appeal dismissed as improvidently allowed.

Criminal law—Operating motor vehicle under the influence of alcohol—Evidence—Chemical test to determine intoxication not rendered inadmissible by failure to advise accused of statutory right to another test provided by R.C. 4511.19(D)(3)—License suspended administratively pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19—Subsequent prosecution of criminal drunk driving not precluded by Double Jeopardy Clauses of Ohio and United States Constitutions.

Criminal law—Operating motor vehicle while under the influence of alcohol—Evidence—Chemical test to determine intoxication not rendered inadmissible by failure to advise accused of statutory right to another test provided by R.C. 4511.19(D)(3).

Criminal law—Operating motor vehicle under the influence of alcohol—Evidence—Chemical test to determine intoxication not rendered inadmissible by failure to advise accused of statutory right to another test provided by R.C. 4511.19(D)(3).

Insurance—Incidents of intentional acts of sexual molestation of a minor do not constitute "occurrences" for purposes of determining liability insurance coverage—Public policy precludes issuance of insurance to provide liability coverage for injuries resulting from intentional acts of sexual molestation of a minor.

Municipal corporations—Public utilities—Interrelationship between the Miller Act, R.C. 4905.20 and 4905.21, the Certified Territory Act, R.C. 4933.81 through 4933.90, and a municipality's power to control utilities within municipal limits, Section 4, Article XVIII of the Ohio Constitution.

Criminal law—Res judicata—Doctrine bars convicted defendant from raising and litigating in any proceeding, except an appeal from that judgment, any defnese that was raised or could have been raised by defendant at trial.

Criminal law—Res judicata—Doctrine bars convicted defendant from raising and litigating in any proceeding, except an appeal from that judgment, any defense that was raised or could have been raised by defendant at trial.

Attorneys at law—Misconduct—One-year suspension with sanction stayed for the second six months—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Neglecting an entrusted legal matter.

Prohibition preventing judge from continuing further proceedings in a divorce action where one of the parties dies prior to the scheduled commencement of trial—Writ granted, when

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Mandamus action challenging probate court orders—Court of appeals does not err in dismissing mandamus action when plain and adequate remedy in the ordinary course of law exists.

Habeas corpus not available to challenge either the validity or the sufficiency of an indictment.

Habeas corpus not not available to challenge either the validity or the sufficiency of an indictment.

Writ of procedendo to compel judge in domestic relations court to reactivate and proceed with divorce case after bankruptcy court lifted an automatic stay on the divorce proceedings granted, when.

Attorneys at law—Misconduct—Public reprimand—Directly communicating with an adverse party.

Real property—Determining actionable trespass—Property owners subsurface rights are not absolute—Subsurface rights include the right to exclude invasions of subsurface property that actually interfere with the property owners' reasonable and foreseeable use of the subsurface.

Criminal law—Requirements for waiver of right to trial by jury—Absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury.

Motion for reconsideration of Supreme Court order dismissing action seeking writ of prohibition—Reconsideration granted and writ allowed in part, when.

Defamation—Newspapers—"Neutral reportage" doctrine not recognized in Ohio.

Elections—Contest of election—R.C. 3515.10, construed and applied—Absent voter's ballot—R.C. 3509.05, construed and applied.

Prohibition to prevent Summit County Board of Elections from placing proposed ordinance rezoning certain land in city of Green from B-2 Business Office District to B-3 Retail Business District—Writ denied, when.

Insurance—Motor vehicles—Uninsured motorist coverage—For a rejection of uninsured motorist coverage to be expressly and knowingly made, such rejection must be in writing and must be received by the insurance company prior to the commencement of the policy year.

Attorneys at law—Misconduct—One-year suspension from date of announcement of order—Failing to maintain complete records of all funds and properties of client coming into attorney's possession—Failing to promptly pay or deliver funds, securities, or other properties in attorney's possession which client is entitled to receive—Commingling client and office funds in attorney's escrow account and failing to return funds when requested, or not accounting for funds retained in a businesslike fashion.

Attorneys at law—Misconduct—Indefinite suspension—Failure to identify and label client's securities and properties promptly upon receipt and place them in a place of safekeeping as soon as practicable—Failure to maintain complete records of all funds, securities, and other properties of a client in attorney's possession and render appropriate accounts to client regarding them—Failure to promptly pay or deliver to client as requested funds, securities, or other properties in attorney's possession which client is entitled to receive—Neglect of an entrusted legal matter—Wrongfully attempting or limiting liability for malpractice—Violation of a Disciplinary Rule—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law.

Mandamus to compel county coroner to permit inspection and copying of records in which the cause of death was suicide—Writ granted, when.

Insurance—Automobile liability—Each person covered by an uninsured motorist policy who is asserting a claim for loss of consortium has a separate claim subject to a separate per person policy limit—Provision in insurance policy which reaches a contrary result is unenforceable.

Insurance—Motor vehicles—Insured entitled to underinsured motorist coverage under former R.C. 3937.18, when—Determining amount of underinsurance coverage to be paid—Claims for loss of consortium.

Mandamus—Complaint dismissed—Motion for default judgment denied—Judgment of court of appeals affirmed.

Torts—Negligence—Ohio's comparative negligence law applicable to client's claim against accountant for professional negligence.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant's claims fail to raise a genuine issue 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 not timely filed and applicant fails to show good cause for failure to file the motion within ninety days after journalization of the appellate judgment—App.R. 26(B)(1).

Insurance—Automobile liability—Each person covered by an uninsured motorist policy who is asserting a claim for loss of consortium has a separate claim subject to a separate per person policy limit—Provision in insurance policy which reaches a contrary result is unenforceable.

Appellate procedure—Motion for "determination of a void judgment" asserting that petitioner did not voluntarily waive his right to appellate counsel—Motion denied when petitioner fails to show good cause for not filing complaint about appellate representation within ninety days of journalization of appellate judgment and failure to demonstrate a genuine issue as to whether petitioner was deprived of effective assistance of counsel on appeal as required by App.R. 26(B)(5).

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct that adversely reflects on fitness to practice law—Failure to comply with attorney registration requirements—Failure to comply with sanctions imposed for not meeting continuing legal education requirements—Failure to cooperate with grievance investigation.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in illegal conduct involving moral turpitude—Engaging in conduct adversely reflecting on fitness to practice law—Conviction of driving under the influence of alcohol—Testing positive for cocaine.

Municipal corporations—City council meetings—Ohio Sunshine Law cannot be circumvented by scheduling back-to-back meetings which, taken together, are attended by a majority of a public body.

Insurance—Automobile liability—Each person covered by an uninsured motorist policy who is asserting a claim for loss of consortium has a separate claim subject to a separate per person policy limit—Provision in insurance policy which reaches a contrary result is unenforceable.

Motor vehicles—Traffic laws—Driving while intoxicated—Administrative license suspension provisions of R.C. 4511.191 do not violate right to procedural due process—"No stay" provision of R.C. 4511.191(H)(1) is unconstitutional and severable from rest of statute—R.C. 4511.195 unconstitutional as applied to owner of vehicle seized and immobilized because the vehicle was being operated by a third person when that person was arrested on a drunk-driving charge.

Physicians and surgeons—Malpractice—Claim for loss of chance in wrongful death action where decedent had less than fifty-percent chance of survival recognized in Ohio—Requirements necessary to maintain action for loss of chance of recovery or survival—Amount of damages recoverable in loss-of-chance case.

Municipal corporations—Public utilities—Section 3 of Clyde Ordinance 1995-01 violates the Miller Act with respect to termination of Toledo Edison Company's service to existing facilities inside Clyde—Section 3 of Clyde Ordinance 1995-01 not subject to Miller Act regarding new facilities.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failure to promptly return client funds or property—Violation of a Disciplinary Rule—Conduct adversely reflecting on fitness to practice law—Failure to cooperate in disciplinary investigation—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Failure to carry out contract of employment—Accepting employment not competent to handle—Failure to maintain records of client funds—Handling a legal matter without adequate preparation—Practicing law in violation of professional regulations.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed on conditions—Failure to maintain client funds in an identifiable bank account—Conduct adversely reflecting on fitness to practice law—Representing a client knowing that his continued employment will result in a violation of a Disciplinary Rule—Accepting employment if the exercise of attorney's professional judgment on behalf of client will be affected by attorney's own financial, business, property, or personal interests.

Public records—R.C. 149.43(C)—Determination on application for attorney fees and costs.

Public records—R.C. 121.22, 149.43 and 305.10 impose a duty on all boards of county commissioners to maintain full and accurate records of their proceedings—Required contents for minutes to be "full and accurate."

Civil procedure—In ordering new trial on ground that judgment was contrary to law, trial court impermissibly conducts a weighing of the evidence and an assessment of the credibility of witnesses, when.

Taxation—Real property—Application for exemption—R.C. 5715.27(F), construed and applied.

Taxation—Real property valuation—Appeal to Board of Tax Appeals dismissed when R.C. 5715.19(A)(2) not complied with.

Prohibition to prevent domestic relations court from proceeding with relator's wife's legal separation action—Writ denied, when.

Attorneys at law—Misconduct—Two-year suspension with final eighteen months of suspension stayed on condition of reimbursement to clients within six-month actual-suspension period—Engaging in conduct adversely reflecting on fitness to practice law—Failing to carry out contract of employment—Prejudicing or damaging a client during course of representation—Failing to cooperate during an investigation.

Attorneys at law—Misconduct—Indefinite suspension—Continually lying to clients, lying to court, and lying to Disciplinary Counsel in the investigation.

Petition for writ of mandamus seeking release from Lima Correction Institution on ground that common pleas court lacked jurisdiction over juvenile petitioner due to improper bindover procedure—Writ denied, when.

Criminal law—Inmates serving sentences in county jails are not entitled to good-time credit comparable to that received under former R.C. 2967.19(A) for confinement in a state correctional institution.

Mandamus to compel prosecuting attorney to investigate alleged fraud and collusion between relator's attorney and an assistant prosecuting attorney in relator's criminal convictions—Writ denied, when.

Habeas corpus not available to challenge either the validity or the sufficiency of an indictment.

Attorneys at law—Misconduct—Two-year suspension with one year stayed on condition—Dishonesty towards clients—Misconduct prejudicial to the administration of justice—Misconduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Prejudice or damage to a client—Failure to assist and cooperate in disciplinary investigation—Late registration as an attorney while continuing to engage in the practice of law.

Contracts—Stock purchase agreement—Duty of seller to defend in civil suit alleging mismanagement of corporation prior to its sale exists, when.

Mining—Deed severing mineral estate from surface estate, and reserving right to use surface incident to mining coal, does not reserve right to strip-mine to mineral owner, when.

Constitutional law—Free speech—Trial court abuses its discretion In fashioning an injunction limiting picketing in a residential area, when.

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

Attorneys at law—Alleged judicial campaign violations—Enforcement of Canon 7 of the Code of Judicial Conduct and related disciplinary procedures in Section 5, Rule II of the Supreme Court Rules for the Government of the Judiciary.

Criminal law—Falsification—Obstructing official business—Making unsworn false oral statement to public official with purpose to mislead, hamper, or impede investigation of a crime is punishible conduct within meaning of R.C. 2921.13(A)(3) and 2921.31(A).

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Appellate procedure—Final appealable order—Denial of a motion to quash a grand jury subpoena decus tecum is not a special proceeding under R.C. 2505.02.

Municipal corporation—Ordinance changing zoning designation repealed—Repealing ordinance does not specifically provide that property is to return to previous zoning designation as required by R.C. 731.19—Property reverts to previous zoning classification.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Mandamus to compel judge to issue findings of fact and conclusions of law in judgment denying petition for postconviction relief—Writ denied, when.

Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid.

Criminal law—Doctrine of issue preclusion does not preclude relitigation in criminal proceeding of an issue that was previously determined at an administrative-license-suspension hearing—Motor vehicles—Trial court's determination of an administrative-license-suspension appeal is a final appealable order.

Motor vehicles—Driving while intoxicated—Observation requirement of BAC Verifier operational checklist satisfied, when.

Juvenile court authorized to impose consecutive terms of commitment upon a delinquent minor for separate delinquent acts whether or not they arise from the same set of operative facts—R.C. 2151.355.

Real property—Owner of property abutting highway has right of access to street it abuts—Any governmental action that substantially and unreasonably interferes with this right constitutes a taking of private property within meaning of Section 19, Article I of Ohio Constitution and Fifth Amendment to United States Constitution.

Habeas corpus petition that alleges that court lacked jurisdiction over petitioner due to an improper bindover states a potentially good cause of action in habeas corpus.

Criminal law—Individual convicted of attempted drug abuse is prohibited from acquiring, having, carrying, or using a firearm or dangerous ordnance pursuant to R.C. 2923.13(A)(3).

Criminal law—Aggravated murder—Death penalty upheld, when—State fails to prove defendant guilty of attempted rape, when.

Taxation—Sales tax—Appeal from Tax Commissioner's assessment to Board of Tax Appeals dismissed when not filed within thirty days after notice of assessment—R.C. 5717.02, applied.

Mandamus to compel State Employment Relations Board to properly investigate dismissed unfair labor practice charge, issue a complaint finding probable cause to believe that an unfair labor practice was committed, and hold a hearing on the charge—Writ denied, when.

Taxation—Sales tax—Transcutaneous electrical nerve stimulators and neuromuscular electrical stimulators—Motion to remand to Board of Tax Appeals granted—Board to rule on whether the equipment supplements impaired functions of the human body or aids human perambulation.

Attorney at law—Misconduct—Two-year suspension with one year of stayed on conditions—Conviction of possession of cocaine.

Petition for writ of habeas corpus seeking restoration of custody of minor child—Writ denied, when.

Public records—Mandamus to compel prosecuting attorney to mail to relator the remaining page of sheriff's department supplemental report omitted from previous mailing dealing with incarcerated relator's criminal case—Writ denied, when.

Attorneys at law—Misconduct—Indefinite suspension—Preparation of client's will where attorney is a named beneficiary and executor and attorney's daughter is named an alternative executor—Attempting to collect excessive attorney fees.

Attorney at law—Misconduct—Failure to properly withdraw from employment—Complaint dismissed, when.

Criminal law—When police officer stops vehicle based on probable cause that traffic violation has occurred, the stop is not unreasonable under the Fourth Amendment to the United States Constitution even if the officer had some ulterior motive for making the stop.

Prohibition to prevent common pleas court from exercising further jurisdiction in cause of action involving unfair labor practices charges—Writ granted, when.

Prohibition enjoining common pleas court from entertaining jurisdiction and proceeding any further in adoption case—Complaint for writ dismissed, when.

Criminal law—Sexual imposition—Evidence—Corroborating evidence necessary to satisfy R.C. 2907.06(B) need not be independently sufficient to convict the accused and need not go to every essential element of the crime charged—Corroboration requirement of R.C. 2907.06(B) is a threshold inquiry of legal sufficiency to be determined by trial judge.

Corporations—Surviving corporation in a merger is liable for all obligations of a constituent corporation—R.C. 1701.82(A)(3) and (4), construed and applied.

Criminal law—Drug offenses—R.C. 2925.11(F)(1) does not violate the due process or equal protection provisions of the Ohio and United States Constitutions.

Workers' compensation—Industrial Commission does not abuse its discretion in basing a permanent partial disability award solely on medical or clinical findings reasonably demonstrable.

Civil procedure—Trial court abuses its discretion when overruling a motion for relief from judgment without first holding an evidentiary hearing.

Criminal law—Where police officer stops vehicle based on probable cause that traffic violation has occurred, the stop is not unreasonable under the Fourth Amendment to the United States Constitution even if the officer had some ulterior motive for making the stop.

Taxation—Real property valuation—Board of Tax Appeals' failure to find true value based upon its own independent analysis of the evidence is unreasonable and unlawful.

Workers' compensation—Industrial Commission does not abuse its discretion in basing a permanent partial disability award solely on medical and clinical findings that are reasonably demonstrable.

Appeal dismissed as improvidently allowed.

Criminal law—Drug offenses—R.C. 2925.11(F)(1) and 2925.14(H) do not violate the due process or equal protection provisions of the Ohio and United States Constitutions.

Criminal law—Drug offenses—R.C. 2925.03(M) and 4507.16(D)(2) do not violate the due process or equal protection provisions of the Ohio and United State Constitutions.

Taxation—Real property—Board of Tax Appeals' valuation of mobile home park neither unreasonable nor unlawful, when.

Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery—Corroborative evidence test applied in cases where unidentified driver's negligence causes injury.

Attorneys at law—Misconduct—Public reprimand—Work influenced or controlled by a party other than the client.

Criminal procedure—Postconviction remedies—Prosecutor's participation in a hearing on an application to seal the record of a conviction is not limited to issues specified by prosecutor in written objection filed pursuant to R.C. 2953.32(B).

Attorneys at law—Misconduct—Permanent disbarment—Misappropriation of client funds—Neglect of duties as executor of an estate—Ignoring orders of probate court and Supreme Court.

Attorneys at law—Misconduct—Permanent disbarment—Neglect of an entrusted legal matter—Failure to promptly pay or deliver to client funds which the client is entitled to receive—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Taxation—Real property—Valuation of apartment complex by Board of Tax Appeals reasonable and lawful, when.

Taxation—Sales tax—Personal liability for sales tax, late filing charges, penalties, and interest owed by corporation imposed upon employee responsible for filing returns and making payments—R.C. 5739.33, applied.

Criminal law—Drug offenses—R.C. 2925.03(M), 2925.11(F)(1) and 9225.23(H) do not violate the due process or equal protection provisions of the Ohio or United States Constitution.

Motion for discretionary appeal denied.

Motion for discretionary appeal denied.

Mandamus to compel Adult Parole Authority to correct relator's parole records—Writ denied when relator fails to establish a clear legal right to correction of the records and a corresponding clear legal duty on respondent's part to correct such records.

Motions for discretionary appeal and for fees and costs denied.

Appellate procedure—Successive applications for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when substantive merits of applicant's arguments were addressed in first application.

Appellate procedure—Civ.R. 60(B) inapplicable to appellate proceedings.

Taxation—Real property valuation—Board of Tax Appeals' determination of true value of two-story apartment complex not an abuse of discretion, when.

Appeal dismissed as improvidently allowed.

Criminal procedure—Right to counsel—Audiotaping of telephone conversation between an arrestee and attorney violates R.C. 2935.20—Motor vehicles—Driving while intoxicated—By refusing to submit to blood-alcohol content test contingent on receiving advice of counsel, arrestee has, for purposes of implied consent statute, R.C. 4511.191, "refused" to take the chemical alcohol test.

Wills—Election for surviving spouse under legal disability—Probate court judge did not abuse his discretion in electing for surviving spouse, who depended solely upon Medicaid benefits for her support and care, to take against will and under R.C. 2105.06.

Taxation—Valuation of apartment complex—Board of Tax Appeals' decision reversed and remanded when it is based on evidence that did not value the property as of the tax lien date.

Attorneys at law—Misconduct—One-year suspension with last six months stayed on condition—Failing to promptly pay funds client is entitled to receive.

Attorneys at law—Misconduct—One-year suspension stayed, provided full restitution, with interest, is made to client—Failing to promptly pay funds client is entitled to receive.

Mandamus to compel common pleas court judge to vacate his order setting aside sheriff's sale of real property successfully bid on by relator—Complaint dismissed, when.

Mandamus to compel trial judge to correct docket entries and production of transcripts of pretrial proceedings in relator's criminal case—Complaint dismissed when adequate remedy at law exists.

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 demonstrate genuine issue as to whether he was deprived of the effective assistance of counsel on appeal—App.R. 26(B)(5).