Slip opinions decided 1997 — Ohio Public Domain Citations

On motion of Mahoning County Bar Association - Respondent is in contempt of the disbarment order of Ohio Supreme Court dated April 8, 1970.

Attorneys at law--Misconduct--Reciprocal discipline--Indefinite suspension with permission to apply for readmission after November 18, 1998 if readmitted to the practice of law in Florida--Conviction of participating in a scheme to defraud and to obtain money from an insurance company by means of false and fraudalent pretenses, representations, and promises.

Workers' compensation--Mandamus to compel Bureau of Workers' Compensation to waive application deadline for employer inclusion in group rating program--Writ denied, when--Ohio Adm.Code 4123-17-62(A), applied.

Schools—Tutors compensated at an hourly rate below R.C. 3317.13(C) minimum teachers' salary schedule—No entitlement to compensation pursuant to the negotiated classroom teachers' salary schedules rather than the duly adopted tutors' salary schedules for the period between August 1989 and the 1993-1994 school year, when—Tutors not entitled to be paid as classroom teachers for work performed as learning assistants, when.

Taxation--Income tax--Credits against income tax otherwise due--Taxpayer not entitled to resident income tax credit under former R.C. 5747.05(B) on that portion of adjusted gross income that was subjected to Michigan's Single Business Tax.

Taxation—IRS adjustment of taxpayer's 1986 and 1987 federal adjusted gross income—Amended Ohio returns reflecting increase not filed—R.C. 5747.13 barring Tax Commissioner from collecting deficiency amounts more than four years after taxpayer's filing of return not applicable, when.

Taxation—Listing personal property--State's use of different tax listing date for existing businesses than for new businesses not a violation of right to equal protection.

Taxation—Real property valuation of multi-building neighborhood shopping center—Board of Tax Appeals' valuation of property reasonable and lawful, when.

Workers' compensation—Application for temporary total disability compensation granted—Industrial Commission did not abuse its discretion in rejecting employer's assertion that claimant voluntarily abandoned his former position of employment, when—Commission's award supported by "some evidence," when.

Workers' compensation—Customer companies of temporary service agencies are "employers" subject to claims for violations of specific safety requirements.

Habeas corpus—Appeal is proper remedy for alleged violations of speedy trial right.

Products liability—Civil actions—Common-law action of negligent design survives enactment of Ohio Products Liability Act—Employer and employee—Torts—In a products liability case, assumption of the risk may be a viable defense against an employee injured by a defective product in the workplace—Employee deemed to have voluntarily exposed himself to risk, when—Defense of assumption of risk not available, when.

Judges—Affidavit of disqualification—Disqualification not required where judge has "personal dating relationship" with a member of the same firm as counsel for the plaintiffs—Canon 3(C)(1)(d)(ii) not violated.

Judges—Affidavit of disqualification—Judge's participation in plea bargain agreement of a co-defendant does not mandate disqualification—Participation in trial of a prior cause, during which judge acquired knowledge of the facts of the underlying case, does not require disqualification.

Judges—Affidavit of disqualification—Disqualification not required when judge was previously the elected prosecuting attorney at the time defendant was indicted, convicted, and sentenced—No violation of Canon 4(E)(1)(b).

Judges—Affidavit of disqualification—Disqualification not warranted by mere fact that a party is the funding authority of the court—Mere allegations that a judge will be called as a witness in a pending case will not require disqualification.

Judges—Affidavit of disqualification—Prior professional activities and relationships not grounds for disqualification of judge, when.

Judges—Affidavit of disqualification—Disqualification not required when judge was previously employed by two insurance companies, including one of the defendants in the underlying case—Judge need not check his or her experience at the courthouse door upon assuming the bench.

Judges—Affidavit of disqualification—Mere disagreement or dissatisfaction with judge's rulings of law is not grounds for disqualification—Judges of Franklin County disqualified from presiding at suppression hearing when former assistant prosecuting attorney, now a common pleas judge, will be called as witness.

Judges—Affidavit of disqualification—Disqualification from post-conviction relief proceedings not warranted by judge's comments at sentencing phase of capital murder trial that he could not forgive the petitioner for his conduct and that he recognized the right of victim's families to be heard during criminal proceedings—Section 10a, Article I, Ohio Constitution and R.C. Chapter 2930—Sentences imposed by judges are reflections of their personal beliefs as to the propriety of the punishments imposed.

Judges—Affidavit of disqualification must be filed not less than seven days before next hearing, unless facts are set forth to show that it could not have been filed on time—R.C. 2701.03(B)—Reconsideration of first affidavit of disqualification not required when arguments are essentially restated.

Judges—Affidavit of disqualification—Allegation of error in judge's 1996 campaign finance report filed by the judge's judicial campaign committee—Chief Justice's authority to rule on affidavits of disqualification does not extend to ruling on alleged violations of campaign finance laws—Cuyahoga County judges disqualified when the defendant in the underlying case is a sitting common pleas judge of Cuyahoga County.

Judges—Affidavit of disqualification—Underlying case is a class action in which the judge and his spouse may be class members—Case returned to administrative judge for reassignment to another judge who will rule on the limited issue of the judge and his spouse's membership in the class—If judge and his spouse are not class members, case will be returned to Judge McDonald.

Attorneys at law—Misconduct—One-year suspension with credit for time served—Conviction for aiding and abetting the filing of a false corporate tax return.

Workers' compensation—VSSR assessments are sufficiently explained when the Industrial Commission grants an express award amount within the range specified in Section 35, Article II of the Ohio Constitution.

Workers' compensation—Application for temporary total disability compensation—Claimant's prior permanent partial disability award cannot be "some evidence" supporting termination of temporary total disability compensation on a permanency basis.

Judges—Affidavit of disqualification—Disqualification in criminal case not warranted when judge is friend of detective and honorary member of the Fraternal Order of Police—Recognition by means of bestowing an honorary membership or providing some other nominal token of gratitude for the judge's leadership and service does not, without more, warrant disqualification.

Taxation—Real property valuation--Failure to meet the burden of proof before a board of revision does not justify dismissal of complaint.

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

Public welfare—R.C. 5119.62(B)(2) establishes the total amount of state general revenue funds to the Department of Mental Health for allocation and distribution to the alcohol, drug, and mental health services boards according to the provisions of R.C. 5119.62(B)(1) and other relevant statutory provisions.

Mandamus to compel Sheriff of Hocking County to provide The Logan Daily News access to incident reports—Writ denied, when—Relator's request for attorney fees denied, when.

Coroners—Use of declaratory judgment for challenging a coroner's verdict is inappropriate—R.C. 313.19, delimiting the procedure for challenging a coroner's verdict, is not void for vagueness due to its lack of specificity.

Workers' compensation—Denial of temporary total disability compensation—Order of Industrial Commission remanded for clarification when its ambiguity hampers court's ability to conduct a meaningful review.

Statutes—Determining scope of an "existing sections" repeal.

Workers' compensation—Industrial Commission's award of permanent total disability compensation supported by "some evidence," when—Temporary total disability compensation—Continuance of benefits erroneous, when—Finding of permanency of the condition—Commission policy to the contrary, invalid—Recovery from Surplus Fund.

Criminal procedure—Indictment--R.C. 2941.25—Multiple counts—Merger of attempted vaginal rape conviction with vaginal rape conviction by court of appeals not proper, when.

On motion to dismiss, motion for leave to intervene, motion to stay briefing, and motion to expedite.

Workers' compensation—Application for permanent total disability compensation—Industrial Commission's order granting compensation remanded when order does not disclose reasoning for finding that claimant's retirement was involuntary.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation an abuse of discretion, when—Commission's order violates Noll when it does not explain how claimant's non-medical factors combine to make him work-amenable.

Workers' compensation—Denial of wage loss compensation by Industrial Commission not an abuse of discretion when claimant voluntarily removes himself from the full-time labor market and limits himself to part-time work for reasons unrelated to his injury.

Workers' compensation—Application for permanent total disability compensation—Denial of application by Industrial Commission an abuse of discretion when commission's order does not satisfy requirements of Noll—Commission's explanation of claimant's vocational potential too brief to withstand scrutiny.

Workers' compensation—Mandamus available to compel payments, pursuant to R.C. 4123.60, to a decedent's spouse for permanent total disability compensation the decedent might have received prior to his death—Industrial Commission abuses its discretion in finding claimant is not permanently and totally disabled when no evidence in the record supports the commission's decision.

Workers' compensation—Violation of specific safety requirement—All reasonable doubts concerning the interpretation of a safety standard are to be construed against its applicability to the employer—Recalculation of award—Award to widow-claimant must be based on violations committed against her decedent only.

Workers' compensation—Award of permanent total disability benefits by Industrial Commission not an abuse of discretion when supported by "some evidence."

Workers' compensation—Awards based on percentage of permanent disability and awards for scheduled losses remain mutually exclusive for the same injury or condition under R.C. 4123.57(A), as amended.

Workers' compensation—Industrial Commission's denial of application for temporary total disability compensation not an abuse of discretion when there is evidence in the record to support the commission's stated basis for its decision.

On amended application for termination of probation.

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 that reaches a contrary result is unenforceable.

On application for termination of probation.

Criminal law—Firearm offenses—Type of evidence sufficient to prove operability of a firearm—R.C. 2923.11(B)(1) and (2), construed and applied—Evidence—Legal concepts of sufficiency of the evidence and weight of the evidence are both quantitatively and qualitatively different—Authority of court of appeals to reverse judgment of trial court—Section 3(B)(3), Article IV of the Ohio Constitution, construed and applied.

Attorneys at law—Misconduct—Indefinite suspension with reinstatement conditioned on proof of restitution to clients—Misappropriating client funds, falsely telling clients that actions had been filed on their behalf, and intentionally settling matters against clients' express instructions.

Attorneys at law—Misconduct—One-year suspension with conditions for reinstatement—Charging an excessive fee for work performed—Failure to return client's papers and unearned fees upon withdrawal from employment—Failure to withdraw from employment when mental or physical condition renders further employment unreasonably difficult—Continuing employment while under a conflict of interest—Neglecting an entrusted legal matter—Failing to promptly return to client funds client is entitled to receive.

On application for reinstatement.

On application for reinstatement.

Attorneys at law—Misconduct—Six-month suspension stayed with condition of monitoring by bar association—Failing to file Ohio estate tax return and neglect of other probate matters—Issuing check to client from trust account with insufficient funds.

Attorneys at law—Misconduct—Public reprimand—Violating Disciplinary Rules relating to attorney advertising.

Attorneys at law—Misconduct—Permanent disbarment—Appropriation of client funds and a pattern of neglect of client interests—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Suspended six-month suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Public reprimand—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter.

Workers' compensation—Customer companies of temporary service agencies are "employers" subject to claims for violations of specific safety requirements.

Workers' compensation—Industrial Commission's order denying permanent total disability compensation not in compliance with Noll, when.

On application for reinstatement.

Attorneys at law—Misconduct—One-year suspension reinstated—Failure to comply with conditions of probation of previous disciplinary proceeding.

On motion for reinstatement.

On application for reinstatement.

On application for reinstatement.

Aaron Nathaniel James is suspended from the practice of law for an interim period, effective as of the date of this entry.

Workers' compensation—In evaluating claimant's application for permanent total disability compensation, Industrial Commission does not abuse its discretion by failing to initiate the issue whether claimant's retirement precludes his or her eligibility for permanent total disability compensation—Industrial Commission's award of permanent total disability compensation supported by "some evidence," when.

Prohibition—Writ prohibiting Franklin County Common Pleas Court judge from transferring case to Perry County Common Pleas Court denied, when—Mandamus compelling Franklin County Common Pleas Court judge to proceed in a case transferred from Perry County Common Pleas Court denied, when.

Mandamus—Public records—Ordered by the court, sua sponte, and in response to the motion for clarification of intervenor, that intervenor, Blue Cross/Blue Shield of Ohio, file the following documents .

Public records—Mandamus—Ordered by the court, sua sponte, that respondents and intervenor shall file an index of records withheld within fourteen days of the date of this entry, respondents and intervenor shall file briefs .

Public records—Mandamus compelling Ohio Department of Insurance to disclose withheld documents concerning purchase of Blue Cross/Blue Shield of Ohio by Columbia/HCA Health Care Corporation—Limited writ granted, when.

Mandamus to compel common pleas court to transfer relator to a reformatory or void his sentence and release him from prison—Writ denied, when—Mandamus will not lie to compel an impossible act.

Civil procedure—Summary judgment erroneously granted, when—Mandamus to compel city planning commission to institute an action under city codified ordinances to strike conveyances of land by the county port authority from county records erroneously denied, when.

Attorneys at law—Misconduct—Indefinite suspension—Failure to fulfill responsibilities as a lawyer.

Criminal law—Offenses against the family—Offense of domestic violence arises out of the relationship of the parties rather than their exact living circumstances—Essential elements of "cohabitation."

On affidavit of resignation.

On affidavit of resignation.

On affidavit of resignation.

On affidavit of resignation.

Constitutional law—Education—Schools—Ohio's elementary and secondary public school financing system violates Section 2, Article VI of the Ohio Constitution—Specific school funding statutes that are unconstitutional.

Motion for reconsideration and clarification of the School Funding Decision—Clarification granted.

On petition requesting guidance from the Perry County Court of Common Pleas, No. 22043.

Attorneys at law—Misconduct—Indefinite suspension—Continuing to practice law while under suspension.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for false statements in relation to documents required by ERISA.

Attorneys at law—Misconduct—Indefinite suspension—Conviction of corrupting a minor.

Attorneys at law—Misconduct—Indefinite suspension—Deceiving client by falsely informing client that divorce case had been filed and giving client counterfeit "divorce decree"—Misdemeanor conviction for attempted drug abuse—Failure to file since 1991 certificate of registration with Clerk of the Supreme Court of Ohio—Failure to meet continuing legal education requirements.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Not delivering files to which client is entitled--Neglecting an entrusted legal matter—Failing to carry out contract of employment—Failing to maintain records of client funds and render accounts to client—Failing to promptly pay or deliver client's funds—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct that adversely reflects on fitness to practice law—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Neglecting an entrusted legal matter—Engaging in conduct prejudicial to the administration of justice—Failing to cooperate in a grievance investigation.

Attorneys at law—Misconduct--Indefinite suspension—Failing to deposit client funds in an identifiable bank account—Failing to deliver all property to which client is entitled—Failing to promptly pay or deliver as requested by client funds which client was entitled to receive—Neglecting an entrusted legal matter--Failing to seek lawful objectives of client—Failing to carry out contract of employment—Failing to properly register as an attorney with the Supreme Court—Failing to comply with educational and reporting requirements—Failing to cooperate in investigation of a grievance.

On certified order of the Statewide Grievance Committee of Connecticut, No. 94-0956.

On petition for reinstatement.

Attorneys at law—Misconduct—Permanent disbarment—Failing to withdraw from employment after being discharged by client—Neglecting an entrusted legal matter—Failing to carry out contract for professional services—Neglecting or refusing to assist in grievance investigation—Conviction of conspiracy to launder money.

Attorneys at law—Misconduct—One-year suspension—Accepting employment where professional judgment will be affected by own financial interest—Entering into business transaction with client where lawyer's and client's interests differ without full disclosure—Failing to decline employment where professional judgment will be affected unless it is clear that attorney can represent multiple clients and each consents after full disclosure.

On application for termination of probation.

On amended application for reinstatement.

Quo warranto and mandamus to compel Ohio Adult Parole Authority to cease and desist certain actions and to perform other actions—Causes dismissed, when.

Domestic relations—R.C. 3113.215(B)(6) does not provide for an automatic credit in child support obligations under a shared parenting order—Trial court may deviate from the amount of child support calculated under R.C. 3113.215(B)(6), when.

Motion to dismiss sustained.

Motion to dismiss sustained.

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

Workers' compensation—Industrial Commission's denial of application for wage-loss compensation an abuse of discretion, when.

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

Appeal dismissed as improvidently allowed.

Public utilities—Rates—Public Utilities Commission not statutorily authorized to order a refund of, or credit for, charges previously collected by a public utility, when.

Workers' compensation—Industrial Commission's denial of application for permanent total disability compensation an abuse of discretion, when.

Criminal procedure—State's appeal of a motion to suppress, made pursuant to Crim.R. 12(J), is an appeal as of right—Appellate court is without authority to review a prosecutor's Crim.R. 12(J) certification of an appeal.

Mandamus to compel common pleas judge to vacate a nunc pro tunc sentencing entry and discharge relator from custody—Writ denied, when.

Habeas corpus—Alleged speedy trial violation not cognizable in habeas corpus—Commitment papers pertinent to claim must be attached to complaint—Writ available only if petitioner is entitled to immediate release from custody—Res judicata precludes filing of successive petitions.

Mandamus to compel judge to vacate relator's conviction and sentence and discharge him from Lorain Correctional Institution—Complaint dismissed when R.C. 2969.25(A) and (C) not complied with.

Torts—Unauthorized removal of timber from private property—Criminal conviction is not a prerequisite to the imposition of civil liability for treble damages under R.C. 901.51.

Mandamus to compel records custodian to correct aggregate minimum term of incarceration pursuant to former R.C. 2929.41(E)(2)—Dismissal of complaint affirmed.

Mandamus to compel village of Amberley, its mayor, and village solicitor to perform acts concerning executive sessions of the village council—Cause dismissed when respondents do not have a duty to perform any of the requested acts.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed—Appellate procedure—Supreme Court jurisdiction—Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper.

Attorneys at law—Misconduct—Public reprimand—Failure to avoid the appearance of impropriety—Using a confidence or secret of a client to gain a personal advantage—Failure to refuse employment if the interest of another client may impair the independent professional judgment of the attorney—Engaging in conduct that adversely reflects on fitness to practice law—Preparing a will in which the attorney is named a beneficiary.

Mandamus compelling judge to ensure that relator receives his proper sentence—Writ denied when judge has no duty to provide the requested relief.

Public records—Production of records renders moot action for mandamus to compel such production.

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

Habeas corpus compelling release from Ross Correctional Institution—Petition dismissed, when.

Habeas corpus to compel release from Lima Correctional Institution—Petition dismissed for failure to comply with R.C. 2725.04(D).

Elections—Mandamus compelling Cuyahoga County Board of Elections to submit proposed building code ordinance to the city of Parma electorate at the November 4, 1997 election—Writ granted, when.

Mandamus to compel reinstatement of parole and release from North Central Correctional Institution denied, when.

Custody—Juvenile law—Writ of habeas corpus denied in child custody matter, when.

Elections—Recall of city council members—Signatures on recall petition removed as result of signature withdrawal petitions—Applicability of R.C. 3501.38(H) and (I)—Clerk not entitled to remove signatures from recall petitions after filing—Writ and attorney fees granted.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed with one-year probation on conditions—Suspending alimony payments without consulting client.

Workers' compensation—Denial of temporary total disability compensation by Industrial Commission vacated by Supreme Court—Cause returned to commission for further consideration and amended order, when.

Appeal dismissed as improvidently allowed.

Judges—Misconduct—Public reprimand—Appearance by municipal court judge on judge's bench in her courtroom in her judicial robes with her name plate visible in a television commercial produced for a law firm.

Workers' compensation—-Violation of a specific safety requirement—VSSR penalties may be imposed with prior notice and noncompliance with express specific safety requirements—Ohio Adm.Code 4121:1-5-11(E)(4) does not expressly require that employers conduct maintenance inspections on a weekly basis.

Taxation—Use tax on free textbooks sent to out-of-state teachers and professors for examination—Taxable "use," when.

Mandamus to vacate Mansfield Correctional Institution Rules Infraction Board proceedings and expunge all reference to the matter from relator's record—Writ denied, when.

Workers' compensation—Application and requirements of R.C. 4123.84 with regard to "flow-through" or residual medical conditions.

Attorneys at law—Misconduct—Public reprimand—Failing to seek lawful objectives of a client—Failing to carry out contract of employment.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failure to carry out contract of employment—Unwillingness to cooperate in disciplinary process.

Prohibition to prevent further proceedings in an invasion of privacy action—Writ denied, when.

Respondent's motion to dismiss Relators' complaint requesting writ of mandamus sustained.

Workers' compensation—Violation of a specific safety requirement—Ohio Adm.Code 4121:1-5-22(A)—Industrial Commission does not abuse its discretion in finding that a hopper bin does not constitute a "confined space," when.

Criminal procedure—Specification of physical harm or threat of physical harm of former R.C. 2941.143 satisfied, when.

Motor vehicles—Suspension of driver's license—Ohio resident whose driver's license has been suspended in Ohio based upon an out-of-state conviction for driving under the influence of drugs or alcohol may petition for occupational driving privileges in Ohio—Former R.C. 4507.169 is constitutional.

Appeal dismissed as improvidently allowed.

Appeals dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation—Denial of application for permanent total disability compensation by Industrial Commission—Commission ordered to review application further and issue an amended order, when.

Torts—Negligence—Duty of care required by supplier of natural gas—Trial court's grant of summary judgment to gas company.

Mandamus compelling client of municipal court to file affidavit of private citizen charging employee of juvenile court with offenses of theft in office and falsification—Respondent's motion for summary judgment properly granted, when.

Employment relations—Age discrimination by employer—At-will employee discharged allegedly on the basis of her age is entitled to maintain common-law tort action against employer for wrongful discharge in violation of public policy.

Criminal law–Endangering children–Existence of culpable mental state of recklessness is an essential element under R.C. 2919.22(A).

Appeal dismissed as improvidently allowed.

Civil procedure—Contempt hearing may be considered a trial for purposes of a Civ.R. 59 motion for new trial—Proceeding is considered a trial for purposes of Civ.R. 59 when indicia of trial substantially predominate in the proceeding.

Attorneys at law—Misconduct—Permanent disbarment—While filling dual role of guardian and attorney to the guardian, allowing ward's assets to dissipate and appropriating funds of the estate for business and personal use.

Attorneys at law—Misconduct—Indefinite suspension—Improper solicitation of clients—Commingling client funds with personal funds and funds used to operate law office.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting entrusted legal matters—Failure to cooperate with disciplinary investigation.

Workers' compensation—Industrial Commission does not abuse its discretion in denying claimant's application for permanent total disability compensation, when.

Workers' compensation—Industrial Commission's order denying permanent total disability compensation vacated and cause returned for further consideration and amended order when the commission fails to consider all the evidence before it.

Workers' compensation—Industrial Commission's denial of claimant's application for permanent total disability compensation supported by "some evidence," when—Commission's nonmedical analysis satisfies the mandate of Noll, when—Court of appeals errs in returning cause to commission for consideration of claimant's memory loss, when.

Workers' compensation—Industrial Commission does not abuse its discretion in refusing to extend permanent total disability compensation beyond the closed period of time specified in an interlocutory order.

Attorneys at law–Misconduct–Six-month suspension with sanction stayed on condition–Failure to cooperate with a grievance investigation.

Attorneys at law–Misconduct–Eighteen-month suspension to end March 28, 1998–Conviction for mail fraud.

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.

Public records—Mandamus compelling sheriff's department detective to provide relator access to exculpatory statements made by himself, his co-defendant, and the crime victim—Dismissal of action pursuant to Civ.R. 12(B)(6) upheld, when.

Attorneys at law—Misconduct—Public reprimand—Settling medical malpractice action without client's express authorization.

Public records—Factors considered when deciding whether to award attorney fees.

Appeal dismissed as improvidently allowed.

Appeal and certification dismissed as improvidently allowed.

Workers' compensation—Industrial Commission abuses its discretion in reinstating temporary total disability compensation when its order is not supported by some evidence.

Insurance—Medical malpractice—No coverage for a prejudgment interest award shall be implied under a medical malpractice insurance policy, when.

Civil procedure—Attorney fees not available as costs absent statutory authority or frivolous conduct on the part of the nonprevailing party.

Attorneys at law—Misconduct—Two-year suspension with one year stayed on conditions—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Failure to assist in disciplinary investigation—Failure to carry out contract of employment.

Appeal dismissed as improvidently allowed.

Criminal law—Failure to comply with R.C. 2945.05 may be remedied only in a direct appeal from a criminal conviction—Claimed violation of R.C. 2945.05 is not the proper subject for habeas corpus relief.

Workers' compensation—Application for permanent total disability compensation—Denial of application by Industrial Commission an abuse of discretion, when--Commission's order vacated and cause remanded for further proceedings, when.

Workers' compensation—Denial of application for permanent total disability compensation—Industrial Commission ordered to reconsider and issue an amended order, when.

Criminal law—Fifty-four-month delay between indictment and trial not a violation of Sixth Amendment right to a speedy trial, when.

Criminal law—Aggravated murder—Death penalty—Trial errors that are either harmless or waived by effective counsel are not mitigating factors under R.C. 2929.04(B)(7)—Death penalty upheld after remand for limited purpose of evidentiary hearing on possible conflict of interest—Supreme Court retains jurisdiction.

Domestic relations—Child support—Court must apply Child Support Guidelines of R.C. 3113.215 in calculating child support obligation.

Taxation—Real property valuation—Board of Tax Appeals' decision finding sale price of vacant land in May 1994 as the true value in money was recent enough to establish the value for the property as of January 1, 1994, the tax lien date, and is reasonable and lawful.

Attorneys at law—Misconduct—Six-month suspension—Engaging in conduct prejudicial to the administration of justice—Neglecting an entrusted legal matter.

Workers' compensation—Denial of application for permanent total disability compensation by Industrial Commission an abuse of discretion and limited writ issued when commission's analysis of nonmedical factors is inadequate.

Workers' compensation—Permanency-based denial of temporary total disability compensation that does not examine every allowed condition is incomplete—Industrial Commission's declaration of maximum medical improvement an abuse of discretion absent its consideration of claimant's degenerative disc disease.

Workers' compensation—Application for permanent total disability compensation held in abeyance pending another medical examination and combined-effects review—Industrial Commission abuses its discretion under former R.C. 4123.53, where record fails to disclose that additional medical examinations are necessary in determining permanent total disability.

Mandamus compelling board of education to pay relators the difference between the amounts they were paid as tutors and the amounts they were entitled to receive under the teachers' salary schedules for school years 1989-1990 through 1994-1995 and to issue relators continuing contracts—Writ granted, when.

Mandamus compelling Cuyahoga Metropolitan Housing Authority to provide relator access to personnel records of its police officers—Writ granted, when—Attorney fees and damages for pro se relator denied—Request for costs granted.

Mandamus to compel Ohio Civil Rights Commission to rule on relator's petition to revoke or modify its subpoena of relator's loan documents—Writ denied when relator has an adequate legal remedy by way of administrative appeal under R.C. 4112.06.

Attorneys at law—Misconduct--Six-month suspension with sanction stayed—Entering into a business transaction with client when they have differing interests therein—Neglecting an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Psychotherapists—Malpractice—Negligence—Outpatient kills his parents—Relationship between psychotherapist and patient in an outpatient setting constitutes a special relation justifying the imposition of a duty upon the psychotherapist to protect against and/or control the patient's violent propensities.

Medical malpractice—Statutory construction—R.C. 5101.58 is an exception to former R.C. 2305.27.

Public utilities—Public utility's authority to grant reduced-rate service to a political subdivision not subject to R.C. 4905.33 prohibition against furnishing below-cost service for the purpose of detroying competition.

Unauthorized practice of law—Preparation and filing of a complaint with a board of revision constitute the practice of law.

Unauthorized practice of law—Preparation and filing of a complaint with a board of revision constitute the practice of law.

Taxation—Real property valuation—Party lacks standing to file a complaint seeking a decrease in the value of property when it has no legal or financial relationship with the subject property that would qualify it as the real party in interest—R.C. 5715.13, applied.

Workers' compensation—Application for temporary total disability compensation—Denial of claim by Industrial Commission supported by "some evidence," when.

Workers' compensation—Industrial Commission's order denying application for permanent total disability compensation supported by "some evidence" and fulfills requirements of Noll, when.

Contracts—Removal and disposal of hazardous waste from construction site—Action by excavator for breach of contract and negligent misrepresentation—Motions for summary judgment by defendants proper, when.

Civil procedure—Trial court does not abuse its discretion in dismissing a claim with prejudice under Civ.R. 41(B)(1), when.

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

Appeal dismissed as improvidently allowed.

Mandamus requiring Cincinnati City Manager to permit petitioner access to records concerning information on applicants for safety director's job—Writ denied when mandamus claim moot—Attorney fees granted, when.

Attorneys at law—Misconduct—One-year suspension—Engaging in conduct prejudicial to the administration of justice—Failing to maintain a respectful attitude toward the courts.

Attorneys at law—Misconduct—Permanent disbarment—Continued pattern of stealing from clients and neglect of client interests.

Attorneys at law—Misconduct—Permanent disbarment—Handling a legal matter one is not competent to handle—Failing to withdraw from employment when mental condition renders it unreasonably difficult to carry out employment effectively—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Prejudicing or damaging client during course of professional relationship—Neglecting an entrusted legal matter—Engaging in conduct that adversely reflects on fitness to practice law—Knowingly making false statement of law or fact in representation of client—Failure to cooperate in disciplinary investigation.

Habeas corpus not available to review irregularities of nonjurisdictional nature—Appeal is proper remedy for alleged violation of speedy trial right—Issue previously raised on direct appeal—Denial of writ affirmed.

Attorneys at law—Misconduct—One-year suspension—Perpetrating a fraud on a municipal court during representation of a client.

Taxation—Real property valuation—Board of Tax Appeals' valuation of property reasonable and lawful, when.

Taxation—Real property valuation—Board of Tax Appeals' valuation of property reasonable and lawful, when—Scope of Supreme Court's review of Board of Tax Appeals' decision.

Attorneys at law—Misconduct—One-year suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Two-year suspension, with one year of the suspension stayed, and a one-year probation with conditions—Practicing law while not registered with the Supreme Court of Ohio—Failing to represent clients after accepting retainers—Conviction of disorderly conduct.

On determination of default of child support order.

On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-23.

Motion to dismiss granted.

Employment relations—At-will employee discharged or disciplined for filing complaint with OSHA is entitled to maintain common-law tort action against employer for wrongful discharge/discipline in violation of public policy—R.C. 4113.52, construed.

Workers' compensation—R.C. 4123.512—Appeal to court of common pleas—Decision of Industrial Commission to deny compensation for additional condition requested subsequent to initial allowance of the claim is an appealable decision.

Mandamus to compel State Employment Relations Board either to find that relator's unfair labor practice charge was timely filed and proceed with a hearing or consider the facts concerning the timeliness question and issue an explanation setting forth its rationale—Writ denied, when.

Attorneys at law—Misconduct—Permanent disbarment—Padding client bills with hours not worked—Lying to Ohio Department of Liquor Control on several occasions in order to obtain an assignment of a liquor license for the village of Holland—Engaging in contemptuous, undignified, and discourteous conduct toward the Ohio Hazardous Waste Facility Board hearing panel, opposing counsel, and witnesses, while representing city of Oregon as city solicitor.

Complaints in mandamus seeking release from Grafton Correctional Institution dismissed, when.

Habeas corpus not available to challenge either the validity or sufficiency of an indictment—Habeas corpus not available to raise claims of improper jury instructions or verdict forms.

Appeal dismissed as improvidently allowed.

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).

Trial procedure—Jury selection—Racial discrimination—Exercise of peremptory challenge against prospective African-American juror in workers' compensation suit does not violate constitutional law, when—Application of standard articulated in Batson v. Kentucky.

Taxation—New addition to existing nursing home facility not entitled to real property tax exemption under R.C. 5709.12(B), when.

Criminal law—In issuing a subsequent indictment, state is not subject to the speedy-trial timetable of the initial indictment, when.

Civil procedure—Motion for relief from judgment—Court of appeals does not abuse its discretion in denying a Civ.R. 60(B) motion without conducting an evidentiary hearing, when—Habeas corpus not available to challenge either the validity or the sufficiency of an indictment.

Taxation—Real property valuation of office buildings—Board of Tax Appeals' valuation of property unreasonable and unlawful when sufficient probative evidence of record does not support the factual conclusions reached.

Civil procedure—Denial of an asserted statutory privilege of confidentiality is not a special proceeding for purposes of R.C. 2505.02, but is an interlocutory discovery order and is neither final nor appealable.

Taxation—Personal property valuation—Public utilities—Natural-gas pipeline companies can use a unit-appraisal approach to determine the true value of their taxable personal property absent special or unusual circumstances.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amended R.C. 3937.18(A)(2) is constitutional.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to turn over funds, security, or other property in attorney's possession that client is entitled to receive.

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

Attorneys at law—Misconduct—Indefinite suspension—Failing to preserve identity of funds and property of client—Failing to promptly pay or deliver client's funds or properties—Neglecting an entrusted legal matter—Engaging in conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct prejudicial to the administration of justice.

Attorneys at law—Misconduct—Two-year suspension with second year of sanction stayed with conditions—Changing fee schedule during case without informing client and refusing to complete case unless higher fee was paid—Lying to client about commencement of case and failing to return unearned fees—Failing to return papers client was entitled to receive—Using epithets and racial slurs while representing a client to recover an animial from the dog warden.

Attorneys at law—Misconduct—Public reprimand—Knowingly revealing secrets or confidences of a client—Using confidences or secrets of a client to the advantage of oneself without the client's consent—False, fraudulent, misleading, deceptive, self-laudatory, or unfair statements—Direct mail solicitation not containing disclosures mandated by the Disciplinary Rules.

Attorneys at law—Judges—Misconduct—Public reprimand—Making derogatory remarks related to a litigant's national origin—Ordering marriage as a condition of probation—Displaying lack of judicial temperament in domestic violence cases.

Workers' compensation—Industrial Commission does not abuse its discretion in finding a lack of "special circumstances" sufficient to support claimant's proposed increase in his average weekly wage, when.

Mandamus compelling board of education to pay relators the difference between the amounts they were paid as tutors and the amounts they were entitled to receive under the teachers' salary schedules for school years 1989-1990 through 1994-1995, postjudgment interest, and additional mandatory contributions on their behalf to the State Teachers Retirement System—Writ granted, when.

Criminal law—Aggravated murder—Death penalty upheld—Evidence sufficient for jury to have found prior calculation and design, when.

Writ of prohibition to prevent juvenile court from proceeding in parentage action denied, when.

Mandamus to compel Franklin County Common Pleas judge to transfer criminal case to Richland County denied, when.

Petition for writ of habeas corpus dismissed sua sponte.

Workers' compensation—Application for permanent total disability compensation—Surveillance videotape evidence submitted by employer at hearing—Industrial Commission did not abuse its discretion in not requiring commission specialist to view the videotape and in relying on the commission specialist's report in awarding compensation.

Motor vehicles—Driving while intoxicated—Establishing valid consent or refusal to take breath-alcohol-concentration test in context of administrative license suspension—Notice requirement of R.C. 4511.191(C) is satisfied by reading to arrestee the language of R.C. 4511.191(C)(2)(b) as set forth on the top portion of BMV Form 2255.

Statutes—Determining scope of an "existing sections" repeal.

Public records—Determination on application for attorney fees and costs.

Attorneys at law—Misconduct—Public reprimand—Attempting to exonerate oneself from or limit one's liability to client for personal malpractice.

Workers' compensation—Ohio Adm.Code Chapter 4121:1-5, construed and applied—"Workshop," for the purpose of Ohio Adm.Code Chapter 4121:1-5, is a place located within some form of structural enclosure.

Civil procedure—Doctrine of failure to exhaust administrative remedies is not a jurisdictional defect to a declaratory judgment action, but an affirmative defense that may be waived if not timely asserted and maintained.

Civil procedure—Court of Common Pleas of Franklin County is vested with subject-matter jurisdiction over claims asserted in a complaint concerning Department of Liquor Control's action on an application for a state agency store in Butler County.

Taxation—Real property valuation—Determination of true value—Decision of Board of Tax Appeals reasonable and lawful when supported by evidence.

Prohibition to prevent municipal court from proceeding in a pending petty-theft case—Complaint dismissed, when.

Habeas corpus not available to challenge either the validity or sufficiency of an indictment—Allegations of fraud on part of prosecution relating to an indictment are not cognizable in habeas corpus—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.

Habeas corpus not proper remedy for reviewing sentencing errors—Habeas corpus not available when petitioner has adequate remedy at law by way of appeal.

Torts—Legal malpractice—Requirements to establish cause of action for legal malpractice based on negligent representation.

Domestic relations—Children—Custody—R.C. 3109.04 requires a finding of a "change in circumstances," not a substantial change--In determining whether change in circumstances has occurred so as to warrant change in custody, trial judge must be given wide latitude to consider all issues affecting best interests of a child.

Motor vehicles—Driving while intoxicated—Establishing valid consent or refusal to take breath-alcohol-concentration test in context of administrative license suspension—Notice requirement of R.C. 4511.191(C) is satisfied by reading to arrestee the language of R.C. 4511.191(C)(2)(b) as set forth on the top portion of BMV Form 2255.

Taxation—Real property—Park owned by fraternal, social organization does not qualify for exemption when property is not used exclusively for charitable purposes.

Attorneys at law—Misconduct—Indefinite suspension—Misappropriation of funds from law firm over a prolonged period—Enaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct that adversely reflects on fitness to practice law.

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.

Mandamus to compel Columbiana County Board of Commissioners and county auditor to order and issue warrants for payment of common pleas court judgment plus postjudgment interest—Peremptory writ granted, when.

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

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

Appeal dismissed as improvidently allowed.

Criminal law—Murder—No duty to retreat from one's own home before resorting to lethal force in self-defense against a cohabitant with an equal right to be in the home.

Real estate brokers—Real Estate Recovery Fund—R.C. 4735.127 construed.

Public records—Information that a criminal prosecutor has disclosed to defendant for discovery purposes pursuant to Crim.R. 16 is not thereby subject to release as a "public record" pursuant to R.C. 149.43.

Declaratory judgment—Appeal dismissed for failure to serve Attorney General pursuant to R.C. 2721.12.

Public records—Mandamus to compel sheriff's department to provide relator access to investigative file concerning Ohio Brotherhood of Deputy Sheriffs' fundraising activities—Limited writ compelling respondents to provide access to nonexempt records granted and request for records exempt from disclosure under R.C. 149.43(A)(2)(c), work product, and R.C. 149.43(A)(4), trial preparation records, denied.

Mandamus to compel Franklin County Board of Health to enact a tabled regulation governing tattooing—Complaint dismissed, when.

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

Mandamus to compel company to execute workers' compensation settlement agreement and deliver copy of agreement to relator—Complaint dismissed, when.

Habeas corpus not available to attack the validity or the sufficiency of an information.

Mandamus action challenging boards of elections' interpretation of R.C. 3513.04—Writ denied, when.

Appeal dismissed sua sponte for want of final appealable order—No jurisdiction to review issue of punitive damages relative to sexual harassment claim when underlying claim remains pending, despite Civ.R. 54(B) language—Court of appeals' judgment vacated in part.

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)—Application denied when barred by res judicata—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 establish the existence of a colorable claim of ineffective assistance of appellate counsel—Application denied when untimely and barred by res judicata.

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—Supreme Court jurisdiction—Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper.

Attorneys at law—Application to register as candidate for admission to the practice of law—Application denied when applicant fails to prove his character and fitness to practice law—Applicant may reapply for admission to take the July 1997 bar examination subject to second complete character and fitness investigation.

Attorneys at law—Application to take Ohio Bar Examination denied—Applicant permitted to reapply to take the July 1998 bar examination.

Attorneys at law—Application to take Ohio Bar Examination denied, when—Gov.Bar R. I(12)(C)(6), applied.

Attorneys at law—Individual not authorized to practice law in Ohio who drafts pleadings for "clients" and appears in court on their behalf is engaging in the unauthorized practice of law.

Attorneys at law—Kentucky attorney not registered in Ohio preparing and signing deeds in Ohio as "attorney at law" and notarizing documents indicating that notary "commission has no expiration date" is engaged in the unauthorized practice of law.

Attorneys at law—Misconduct—Eighteen-month suspension with six months of the sanction stayed with a one-year period of probation on conditions—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Failing to preserve the identifying of funds of a client--Failure to assist in disciplinary investigation—Failing to timely file attorney registration fees with Clerk of the Supreme Court of Ohio for five of the preceding six biennia.

Attorneys at law—Misconduct—Public reprimand—Violation of a Disciplinary Rule—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Damaging client during course of professional relationship—Handling a legal matter without adequate preparation.

Domestic relations—Court not precluded by statute or public policy reasons from issuing a protection order pursuant to Ohio's civil domestic violence statute where the parties' dissolution or divorce decree already prohibits the parties from harassing each other—When granting protection order, trial court must find that petitioner has shown by a preponderance of the evidence that petitioner or petitioner's family are in danger of domestic violence—A pleading is not admissible into evidence at a hearing to prove a party's allegations and must not be considered as evidence by the court.

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—Where criminal defendant, subsequent to direct appeal, files a motion seeking vacation or correction of sentence on basis that constitutional rights have been violated, the motion is a petition for postconviction relief as defined in R.C. 2953.21.

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

Attorneys at law—Misconduct—Indefinite suspension—Failing to perform legal services for which attorney has been engaged and then lying to client about status of the case—Lying and attempting to mislead bar association in its investigation of misconduct.

Attorneys at law—Misconduct—Indefinite suspension—Failure to cooperate in a disciplinary investigation—Failure to maintain good standing with Supreme Court by failing to register with Clerk of Court for current biennium and failing to advise Clerk of current office address.

Attorneys at law—Misconduct—Indefinite suspension—Failure to promptly pay or deliver to client, when requested, funds of the client in lawyer's possession which the client is entitled to receive—Failure to cooperate with bar association disciplinary investigation—Failure to register as an attorney for the 1993/1995 biennium.

Attorneys at law—Misconduct—Indefinite suspension—Soliciting business by telephone—Entering into agreement with and making payment to a non-approved organization to promote services as an attorney—Giving unsolicited advice that persons should obtain legal counsel and then accepting employment from those persons—Accepting employment that attorney's agent has recommended.

Workers' compensation—Benefits—R.C. 4123.57(A) imposes a forty-week waiting period only for temporary total disability compensation paid specifically pursuant to R.C. 4123.56, notwithstanding that claimants cannot be paid living maintenance wage loss compensation and R.C. 4123.57(A) permanent partial disability compensation at the same time.

Elections—Prohibition—Attorneys—Protest to local liquor option petitions filed by nonattorney properly dismissed—R.C. 3501.39(A)(1) requires that objections be specified in the protest—Board of elections does not abuse its discretion in limiting scope of protest hearing to specific objections raised in written protest—Liquor permit holders have no due process right to notice of impending local option election—Writ denied.

Attorneys at law—Misconduct—Indefinite suspension—Withdrawing from representation without permission—Withdrawing without taking steps to ensure client is not prejudiced—Withdrawing without returning unearned fees—Failing to seek lawful objective of client—Failing to carry out contract of employment—Neglect of an entrusted legal matter—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter while unprepared.

Attorneys at law—Misconduct—Original term of suspension served—During probationary period engaging in disruptive courtroom antics and making derogatory reference about female prosecuting attorney—Reinstatement to the practice of law.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct adversely reflecting on ability to practice law—Neglecting an entrusted legal matter—Engaging in conduct involving dishonest, fraud, deceit, or misrepresentation.

Mandamus to compel State Auditor to provide relators access to all records relied on in audit of Mahoning Valley Sanitary District—Writ granted, when—Attorney fees for relators granted, when.

Elections—Mandamus to compel Union Clerk of Council to certify the sufficiency and validity of an initiative petition that a proposed ordinance be placed on the November 4, 1997 election ballot approving the creation of a joint fire district and joint ambulance district between Union, Randolph Township, Clayton, and Englewood—Writ granted, when.

Criminal procedure—Jury trial commences after jury is impaneled and sworn in the presence of the defendant—Crim.R. 43(A), construed and applied.

Taxation—Use tax on soft drinks and liquor sold to coach-class passengers by passenger airline service in Ohio—Assessment imposed on soft drinks by Board of Tax Appeals affirmed—Assessment imposed on liquor transactions reversed and remanded.

Prohibition action not rendered moot when trial court exercises its jurisdiction by journalizing its judgment entry before the court of appeals acts on the requested writ.

Criminal law—Aggravated murder—Death penalty upheld, when—Residual doubt is not an acceptable mitigating factor under R.C. 2929.04(B).

Criminal law—Aggravated murder—Death penalty—Defendant waives further challenges to his death sentence—Standard by which competency is to be evaluated—Execution warrant issued by Supreme Court.

Workers' compensation—Industrial Commission does not abuse its discretion in finding that no credible medical evidence supported an award of accrued compensation, when.

Habeas corpus to compel petitioner's release from Grafton Correctional Institution—Writ denied, when—Application of R.C. 2969.22 to indigent inmates not a violation of constitutional rights of access to courts, due process, equal protection, and freedom from double jeopardy.

Mandamus to compel Cuyahoga County Board of Elections to reject the filing of a second write-in candidate for Mayor of Westlake on the November 4, 1997 general election ballot—Writ denied, when.

Prohibition—Writ prohibiting judge or any other judicial official from vacating a disorderly conduct conviction and sentence and from proceeding on the original charge of domestic violence—Writ denied, when—Ruling written on a case file jacket and posted on computerized court docket is not a final judgment.

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

Public Utilities Commission—Electric utility has no affirmative duty or obligation to conduct an ongoing review of every customer's usage and load-demand levels to ensure that every customer is being served under the most economical tariff possible—"Distribution line" in R.C. 4933.81, construed.

Criminal law—Motor vehicles—Continued detention of a person stopped for a traffic violation constitutes an illegal seizure, when—Totality-of-the-circumstances test is controlling in an unlawful detention to determine whether permission to search a vehicle is voluntary—Requirements for consent to be considered an independent act of free will.

Elections—Mandamus to compel Clerk and Director of Finance of city of Englewood to certify and transmit to the Montgomery County Board of Elections an initiative petition proposing an ordinance approving an agreement between Englewood, village of Clayton, and Randolph Township for a joint fire and ambulance district—Writ granted, when.

Civil procedure—Joint tortfeasors—Former R.C. 2307.31 and 2307.32, construed and applied.

Crimes—Gambling—R.C. 2915.02(D) permits participation in the operation of a charitable organization's scheme of chance on liquor-permit premises by owners and/or their employees, when.

Mandamus sought to compel Licking County Board of Elections to refuse to certify for referendum ordinance dealing with relator's development plan to construct a convenience store—Writ of prohibition sought to prevent board of elections from placing referendum on November 1997 ballot—Writs denied, when.

Mandamus to compel Geauga County Board of Elections to place a zoning referendum issue on the November 1997 election ballot—Writ denied, when.

Public records—Cuyahoga County Ombudsman Office is a "public office" as defined by R.C. 149.011(A) and subject to public records disclosure requirements of R.C. 149.43—Records prepared by Ombudsman Office in investigating complaints of child abuse and neglect not excepted from disclosure.

Writ of prohibition to prevent judge of domestic relations court from proceeding further on pending motions of the biological mother in an adoption case after the court has entered a final decree of adoption—Writ granted when judge patently and unambiguously lacks jurisdiction to proceed.

Civil procedure—Motion for relief from judgment—Court of appeals does not abuse its discretion in overruling a Civ.R. 60(B) motion when movant fails to establish a meritorious claim.

Attorneys at law—Individual not authorized to practice law in Ohio who gives legal advice and counsel to others to establish an inter vivos trust is engaging in the unauthorized practice of law.

Public records—Mandamus compelling Hancock County Board of Commissioners to provide relator access to a settlement agreement containing a confidentiality provision in a civil rights violation lawsuit—Writ granted, when—Attorney fees granted, when.

Attorneys at law—Misconduct—Indefinite suspension—Pattern of client neglect extending over several years.

Criminal law—Aggravated murder—Death penalty—Appeals—Amendments to Section 2(B)(2)(c) and Section 3(B)(2), Article IV, Ohio Constitution and R.C. 2953.02 are constitutional—All cases in which sentence of death has been imposed for an offense committed on or after January 1, 1995 shall be directly appealed from the trial court to the Supreme Court of Ohio.

Torts—State tort claim based upon manufacturer's failure to equip automobiles with air bags is not preempted by former Section 1381 et seq., Title 15, U.S.Code and regulations promulgated thereunder.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation returned for Noll compliance.

Taxation—Sales tax—President and majority shareholder of corporation personally liable for sales tax assessments, when—R.C. 5739.33, applied.

Civil procedure—For purposes of Civ.R. 41(B)(1), counsel has notice of an impending dismissal with prejudice for failure to comply with a discovery order, when

Taxation—Real property valuation—True value of government-subsidized apartment determined, how—Decision of Board of Tax Appeals unreasonable and unlawful, when.

Taxation—Real property valuation—Complaint filed with county board of revision must comply with R.C. 5715.13—Preparation and filing of complaint with county board of revision by individual not authorized to practice law in Ohio and not an "agent" constitutes the unauthorized practice of law.

Taxation—Real property valuation—BTA's determination of true value in a given year is not controlled by value assessed for prior years—Appraisers' approach to valuation must be based on facts as they existed as of the tax lien date.

Civil procedure—Determining whether default judgment can be entered against a defendant who was ultimately found not negligent at trial—Applicability of Civ.R. 6(B)(2) with respect to the propriety of a default judgment—Admissibility of evidence of bias stemming from commonality of insurance between the witness and a malpractice defendant.

Attorneys at law—Individual and corporations not authorized to practice law in Ohio who give legal advice and counsel in marketing living trusts are engaged in the unauthorized practice of law.

Civil procedure—Workers' compensation—Trial court does not abuse its discretion in denying insurance company's eleventh-hour motion to intervene to assert a subrogation claim for workers' compensation benefits paid to decedent's estate pursuant to Pennsylvania law, when.

Mandamus—Supreme Court lacks jurisdiction to consider merits of appeal and cross-appeal where court of appeals' entry issuing a writ of mandamus neither determined the action nor prevented a judgment—R.C. 2505.02, construed and applied.

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

Taxation—Corporation franchise tax—Gain from the sale of a United States Treasury Bond not exempt from Ohio franchise tax—Section 3124, Title 31, U.S.Code, construed.

Workers' compensation—Industrial Commission improperly orders permanent total disability compensation suspended while claimant is incarcerated in a penal institution, when.

Workers' compensation—Application and requirements of R.C. 4123.84 with regard to "flow-through" or residual medical conditions.

Criminal law—Indictments—Several counts of multi-count indictment are not interdependent—Inconsistency in verdict arises, when—Applicability of double jeopardy and collateral estoppel.

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

Insurance—R.C. 2125.02 wrongful death beneficiary who is not named insured under the policy can recover under uninsured/underinsured motorist provisions of a decedent's automobile liability insurance policy, when.

Insurance—R.C. 2125.02 wrongful death beneficiary who is not named insured under the policy can recover under uninsured/underinsured motorist provisions of a decedent's automobile liability insurance policy, when.

Torts—Wrongful death—Automobile liability insurance—Claimant who is a statutory beneficiary of an insured decedent can recover under the uninsured/underinsured provisions of the decedent's insurance policy even if the wrongful death claimant is not a named insured under the policy.

Taxation—Real property valuation—Unaccepted offers to purchase do not constitute a sale price and do not reflect the true value of the property—Board of revision's use of an appraisal to show true value is proper, when—Board of Tax Appeals' determination of true value reasonable and lawful, when.

Attorneys at law—Misconduct—Two-year suspension with second year of the suspension stayed—Continuing to practice law after being suspended for failure to meet continuing legal education requirements—Practicing law for fifteen months while not maintaining a current Certificate of Registration as required by Gov.Bar R. VI(1).

Attorneys at law—Misconduct—One-year suspension with six months of the suspension stayed—Continuing to practice law while license is under suspension.

Workers' compensation—Interlocutory award of permanent total disability compensation does not conclusively establish a claimant's right to continue permanent total disability compensation beyond the closed period awarded in the order.

Civil procedure—Where meaning of terms of settlement agreement is disputed, or there is a dispute that contests the existence of a settlement agreement, trial court must conduct an evidentiary hearing prior to entering judgment.

Attorneys at law—Misconduct—One-year suspension with nine months of the suspension stayed on conditions—Failing to withdraw from employment after being discharged by client—Neglect of an entrusted legal matter.

Workers' compensation—Violation of a specific safety requirement—Shake-out machine which separates scraps of metal from sand not in compliance with Ohio Adm.Code 4121:1-5-05(D)(1), when.

Workers' compensation—Denial of application for permanent total disability compensation by Industrial Commission an abuse of discretion when not supported by "some evidence"—Report of commission specialist is disqualified from evidentiary consideration when it is susceptible of different interpretations.

Workers' compensation—Industrial Commission abuses its discretion in denying claimant's request for compensation for loss of use of both legs and right arm, when.

Attorneys at law—Misconduct—Permanent disbarment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Charging or collecting an illegal or clearly excessive fee.

Mandamus to compel Miami University to provide records of student disciplinary proceedings held before the University Disciplinary Board to the university's student newspaper—Writ granted, when.

Motor vehicles—Suspension of driver's license—Ohio resident whose driver's license has been suspended in Ohio based upon an out-of-state conviction for driving under the influence of drugs or alcohol may petition for occupational driving privileges in Ohio—Former R.C. 4507.169 is constitutional.

Taxation—Real property valuation by Board of Tax Apeals for tax year 1991 for former hotel converted to office usage and attached parking garage is reasonable and lawful, when.

Attorneys at law—Misconduct—Two-year suspension with last eighteen months of suspension stayed—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Failing to segregate funds—Failing to refund unearned advance fees promptly after withdrawing from employment—Failing to promptly return funds client is entitled to receive—Withdrawing from representation without taking steps to ensure client is not prejudiced—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Knowingly making a false statement of law or fact while representing client—Abuse of alcohol—Failing to register with Supreme Court—Rendering legal services while not in active status as an attorney—Failing to comply with legal education requirements.

Torts—Unauthorized removal of timber from private property—Criminal conviction is not a prerequisite to the imposition of civil liability for treble damages under R.C. 901.51.

Juvenile court—Determining whether a child is neglected under former R.C. 2151.03(A)(2)—Child who is receiving proper care pursuant to an arrangement initiated by the parent with a caregiver is not a dependent child under R.C. 2151.04(A)—Trial court's finding of neglect not against the manifest weight of the evidence, when.

Veterans—R.C. 5901.11 imposes a mandatory duty upon a board of county commissioners to fund a lawful budget request of a veterans service commission up to the five-tenths mill limitation set forth in the statute.

Workers' compensation—Application and requirements of R.C. 4123.84 with regard to "flow-through" or residual medical conditions—Self-insured employer makes a conclusive determination to allow a claim for a residual or "flow-through" condition, when.

Appeal dismissed as improvidently allowed on Propositions of Law Nos. I through IV—Civil procedure—Plain-error doctrine is not favored, but may be applied, when.

Civil procedure—Dismissal of actions—Civ.R. 41(B)(4), construed—When a court dismisses a case for lack of service under Civ.R. 41(B)(4), the plaintiff may utilize the savings statute to refile within one year, when.

Schools—Teacher salaries—Contracts—Mutual mistake—Years of service credit requirements—Board of education that erroneously awarded a year of service credit has authority to correct that error.

Workers' compensation—Wage-loss compensation under R.C. 4123.56(B)—Employee demoted from route supervisor to host floater—Industrial Commission does not abuse its discretion in choosing claimant's wages as a route supervisor as the amount from which to deduct claimant's reduced earnings as a host floater in determining wage-loss compensation.

Mandamus compelling common pleas court judge to issue findings of fact and conclusions of law in dismissal of a petition for postconviction relief—Writ denied when entry of trial court sufficiently apprises petitioner of the reason for the judgment and permits meaningful appellate review.

Workers' compensation—Mandamus directing Industrial Commission to vacate its order denying relator permanent total disability compensation denied, when.

Torts—Political subdivision liable in damages for injury, death, or loss to persons or property caused by an act of any of its employees in connection with the performance of a proprietary function—Establishment, maintenance, and operation of a municipal water supply system is a proprietary function—R.C. 2744.01(G)(2)(c), construed and applied.

Civil procedure—Plain error doctrine is not favored, but may be applied, when.

Trusts—Doctrine of cy pres construed—Doctrine of deviation distinguished from doctrine of cy pres—In applying doctrine of deviation, court cannot change original charitable objective of settlor or divert the bequest to an entity with a charitable purpose different from the purpose set forth in the trust instrument.

Attorneys at law—Misconduct—Two-year suspension—Misappropriation of client funds and neglect of client interests.

Taxation—Franchise tax—Sales and leasing of trucks, vans, and other commercial vehicles and equipment—Manner in which company records leases on its books is the manner in which it must report them for the franchise tax.

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

Attorneys at law—Application to take Ohio Bar Examination denied, when—Applicant permitted to reapply to take the July 1998 bar examination.

Criminal law—Aggravated murder—Death penalty upheld, 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—Appellate procedure—Supreme Court jurisdiction—Certification of conflict dismissed, when.

Appeal dismissed as improvidently allowed.

Criminal law—Racketeer Influenced and Corrupt Organizations—R.C. 2923.32(A)(1) plainly indicates a purpose to impose strict liability.