Slip opinions decided 1998 — Ohio Public Domain Citations

Attorneys at law—Misconduct—Public reprimand—Engaging in conduct adversely reflecting on fitness to practice law.

Workers' compensation—Court of appeals' judgment affirmed.

Mandamus to compel clerk of courts to docket and file relator's motion involving a child-support obligation in a civil proceeding in the court of appeals—Writ denied, when.

Prohibition—Writ prohibiting judge from executing a final entry reflecting her decision in a boundary dispute action denied, when.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and trial court's finding that defendant is a sexual predator reinstated on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Workers' compensation—Court of appeals' judgment affirmed.

Prohibition—Writ preventing judge in divorce postdecree enforcement action from reinstating a show cause motion that was dismissed for want of prosecution and from conducting further proceedings on the reinstated motion—Writ denied, when.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation - Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and Industrial Commission's order reinstated.

Workers' compensation—Court of appeals' judgment reversed and Industrial Commission's order reinstated.

Torts—Products liability—Risk-benefit test of the Ohio Products Liability Act may be used in attempting to prove a design defect in a properly functioning disposable cigarette lighter.

Mandamus to compel employees of Ohio Adult Parole Authority to remove a detainer against relator from the parole authority's records—Writ denied, when.

Appeal dismissed as improvidently allowed.

Taxation—Tank plant leased from United States Army is a federal enclave—Lessee of plant not subject to personal property tax.

Workers' compensation—Court of appeals' judgment reversed and cause returned for State ex rel. Noll relief.

Workers' compensation—Court of appeals' judgment reversed and cause returned for State ex rel. Noll relief.

Workers' compensation—Denial of rehabilitation wage loss compensation by Industrial Commission not an abuse of discretion when claimant clearly not eligible for benefit sought—Ohio Adm.Code 4123-18-21, applied.

Workers' compensation—Violation of specific safety requirements—Ohio Adm.Code 4121:1-5-05(C)(2) and (D)(1), construed and applied.

Workers' compensation—Application for permanent total disability compensation—Claimant diagnosed with asbestosis—Industrial Commission errs in denying compensation when claimant suffers from a condition with an extremely long latency period.

Attorneys at law—Misconduct—Disbarment—Deliberate misappropriation of funds from two guardianships for personal benefit.

Attorneys at law - Misconduct - Six-month suspension - Failure to pursue a legal matter and misrepresentation of the status of that matter to clients.

Habeas corpus to compel warden to release petitioner from prison—Petition properly dismissed by court of appeals, when.

Court of appeals' judgment affirmed.

Judgment of court of appeals affirmed on authority of Ross v. Farmers Ins. Group of Cos.

Habeas corpus to compel Warden of Pickaway Correctional Institution to release petitioner from prison—Petition properly dismissed by court of appeals, when.

Criminal law—Sentencing—Court of appeals' judgment reversed on authority of State v. Rush.

Habeas corpus—Court of appeals properly dismissed petition, when.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

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

Attorneys at law—Misconduct—Eighteen-month suspension with one year of the sanction stayed on conditions—Convictions for shoplifting—Withholding the truth during a disciplinary investigation.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed.

Workers' compensation—Application for permanent total disability compensation denied by Industrial Commission—Appeal to Supreme Court dismissed as moot, when.

Public records—Mandamus to compel hospital and its administrator to provide union with records dealing with employees, copies of job descriptions, copies of contracts with consultants, and copies of any contracts between hospital and Ohio State University or Ohio State University Hospital—Writ granted in part and denied in part, when—Attorney fees awarded, when.

Criminal law—Extradition and subsequent proceedings do not divest common pleas court of jurisdiction, when—R.C. 2963.26, applied.

Prohibition action to prevent probate court from proceeding with the administration of an estate erroneously dismissed under Civ.R. 12(C) by court of appeals, when—Cause remanded to court of appeals for further proceedings, including the submission of evidence and briefs.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and order of Industrial Commission reinstated.

Workers' compensation—Court of appeals' judgment affirmed on authority of State ex rel. Russell v. Indus. Comm.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed on authority of State ex rel. Russell v. Indus. Comm.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in denying claimant's application for wage-loss compensation, when—Former R.C. 4123.68(W), construed and applied.

Workers' compensation—Court of appeals' judgment reversed and writ granted.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and Noll relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Public reprimand—Failing to promptly pay or deliver to client as requested by client funds, securities, or other property in lawyer's possession which client is entitled to receive.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed on conditions—Failing to maintain complete records of all funds coming into attorney's possession and render appropriate accounts regarding them—Failing to promptly pay or deliver to client as requested by client funds or other properties client is entitled to receive—Withdrawing unearned or disputed fees from client trust account—Charging a clearly excessive fee—Division of fees with persons not in same firm without prior consent of client—Neglect of an entrusted legal matter.

Attorneys at law—Misconduct—Permanent disbarment—Ignoring orders of Supreme Court—Continuing to practice law while under suspension.

Attorneys at law—Misconduct—Permanent disbarment—Failing to carry out contract of employment—Failing to deliver to client property in attorney's possession which client is entitled to receive—Engaging in conduct prejudicial to the administration of justice—Failing to assist and cooperate in disciplinary investigation—Neglect of an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Permanent disbarment—Misappropriation of client funds.

Attorneys at law—Misconduct—Indefinite suspension—Failing to pursue clients' interests—Misrepresentation to client about status of a claim—Failing to cooperate in current and previous disciplinary investigations.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed on conditions—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Six-month suspension with entire sanction stayed on conditions—Failing to maintain client funds in an identifiable bank account—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law.

Attorneys at law—Misconduct—One-year suspension—Paying insurance company salesman for referring personal injury claimants.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed on authority of State ex rel. Russell v. Indus. Comm.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed on authority of Newman.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed on conditions—Failure to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Disbarment—Failing to perform services for which attorney was retained—Failing to return client funds—Writing checks which were returned for insufficient funds.

Criminal law—Aggravated murder—Appeals in cases in which sentence of death has been imposed for an offense committed on or after January 1, 1995 shall be made directly from the trial court to the Supreme Court of Ohio—Death penalty upheld, when.

Insurance—Insurer intentionally acts in bad faith in the processing of a claim of its insured, when—Innocent spouse rule construed and applied—Civil procedure—Prejudgment interest awarded, when.

Workers' compensation—Industrial Commission's denial of temporary total disability compensation not an abuse of discretion, when—Approval of a weight-loss program does not preclude a finding of maximum medical improvement.

Workers' compensation—Denial of wage loss compensation by Industrial Commission—Adequate job search is prerequisite to eligibility—Cause returned to commission for further consideration and an amended order when specificity requirements of State ex rel. Noll not complied with.

Mandamus to compel Director of Department of Human Services to reinstate relator to her prior position in the Support Enforcement Tracking Systems and Direct Services Unit—Writ denied, when.

Taxation—Real property tax—Two-hundred-fifty-room hotel located in Wright-Patterson Air Force Base on land leased from United States Air Force not taxable.

Taxation—Use tax on cranes used to recycle scrap metals for sale to steel mills and foundries for melting and reuse—Former R.C. 5739.01(E)(10) and R.C. 5739.01(S), construed and followed.

Taxation—Delaware nonstock membership corporation, consisting of life insurance companies, which collects information from, and provides information to, members concerning applicants for life insurance—Use tax on charges made to Ohio companies for receiving and responding to inquiries for information on life insurance applicants.

Workers' compensation—Court of appeals' judgment affirmed.

Contracts—Antenuptial agreement waiving spouse's interest in individual retirement account controls over beneficiary designation clause of an individual retirement account contract entered into prior to the antenuptial agreement.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in denying a VSSR claim involving foot protection, when.

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

Workers' compensation—Denial of permanent total disability compensation by Industrial Commission—State ex rel. Gay relief ordered, when.

Workers' compensation—Denial of application for permanent total disability compensation by Industrial Commission not an abuse of discretion when requirements of State ex rel. Noll satisfied.

Attorneys at law—Misconduct—One-year suspension—Compensating person for recommendation of employment—Requesting person to promote use of lawyer's services—Dividing fees with lawyers not in the same firm without prior consent of client.

Mandamus to compel common pleas court judge to hold a hearing to determine whether relator should be released from prison on parole—Complaint dismissed, when.

Mandamus to compel police detective to provide relator, who is seeking to vacate his conviction for kidnapping and murder and obtain a new trial, with exculpatory evidence in the detective's possession—Writ denied, when.

Mandamus to compel city prosecutor to prosecute charges filed by relator—Complaint dismissed for failure to state a claim upon which relief can be granted, when.

Mandamus to compel Ohio Department of Youth Services to correct relator's employment records by crediting him for his previous employment with the state's political subdivisions, to grant him longevity pay, a monetary sum in lieu of accrued, unused vacation credit, and costs—Court of appeals does not commit error by issuing a limited writ of mandamus and by not granting all of the relief requested by relator, when.

Appeal dismissed as improvidently allowed.

Taxation—Franchise tax—Calculation of tax under the net worth basis pursuant to the language of R.C. 5733.05(A) as it read during tax years 1990 through 1993.

Workers' compensation—Court of appeals' judgment affirmed.

Certification of conflict dismissed as improvidently allowed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and order of Industrial Commission reinstated.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and payment of wage-loss compensation benefits ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed on authority of State ex rel. Tapp v. Parsec, Inc.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed on authority of State ex rel. Tapp v. Parsec, Inc.

Workers' compensation—Judgment reversed on authority of State ex rel. Tapp v. Parsec, Inc.

Workers' compensation—Court of appeals' judgment reversed on authority of State ex rel. Tapp v. Parsec, Inc.

Workers' compensation—Claimant may recover wage-loss compensation for time absent from work, when.

Workers' compensation—Industrial Commission not required to extend permanent total disability compensation beyond the date specified in an interlocutory permanent total disability order—Industrial Commission's order not supported by "some evidence," when.

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

Contracts—Arbitration—Ninety-day demand for arbitration provision—Presumption in favor of arbitration—Timeliness of demand for arbitration is itself arbitrable, when.

Habeas corpus not available to attack the validity and sufficiency of indictment—Grand jury foreperson's failure to sign an indictment does not deprive trial court of jurisdiction.

Workers' compensation—Award of temporary total disability by Industrial Commission not an abuse of discretion, when.

Workers' compensation—Merger by a self-insuring employer and a State fund employer—Former Ohio Adm.Code 4123-19-03(M) and 4121-7-02(B)(1), construed and applied.

Motion to dismiss granted.

Habeas corpus not available to challenge jury instructions, verdict forms, or claim of ineffective assistance of appellate counsel—Habeas corpus petition dismissed for failure to comply with R.C. 2725.04(D).

Evidence—Focus of trial court in determining whether an expert's testimony is admissible under Evid.R. 702(C)—Conditions of an accident need not be duplicated in an out-of-court experiment, when.

Taxation—Electric utilities—Real property valuation—Requirements of R.C. 5715.13 and 5715.19 substantially complied with in complaint to county board of revision seeking decrease in valuation of property, when.

Public records—Mandamus to compel common pleas court judge to provide relator access to letters the judge received from members of the public attempting to influence her sentencing decision in a criminal case—Writ denied, when.

Administrative law—Mere possession of a gambling device on a liquor permit premises does not constitute violation of Ohio Adm.Code 4301:1-1-53(B)—Requirement for Liquor Control Commission to find a violation of Ohio Adm.Code 4301.1-1-53(B).

Statutes—Absent violation of a constitutional right, the violation of a statute does not invoke the exclusionary rule.

Attorneys at law—Misconduct—Disbarment—Charging fees that are clearly excessive—Overstating expenses and charging clients for expenses not incurred.

Torts—Negligence—Violation of an administrative rule does not constitute negligence per se; however, violation may be admissible as evidence of negligence.

Trusts—Language of charitable trusts where residents of the city of Eaton are beneficiaries, construed.

Real property—Construction of 1927 plat agreement.

Workers' compensation—Industrial Commission abuses its discretion when it relies on C-19 fee billing forms to deny claim for temporary total disability compensation.

Attorneys at law—Complaint of misconduct dismissed.

Municipal corporations—Sections 3 and 7, Article XVIII of the Ohio Constitution confer upon municipalities the authority "to exercise all powers of local self-government"—People of municipality may, by charter, reserve to themselves the power to approve, or reject, by popular vote, any actions of city council.

Writ of procedendo to compel court of appeals to lift its stay of Cleveland Clinic Foundation's appeal in a medical malpractice action against it and to proceed to a merit determinatio—Writ granted, when.

Prohibition to prevent State Personnel Board of Review from proceeding with county employee's appeal of her job termination—Writ granted when board patently and unambiguously lacks jurisdiction over employee's appeal.

Civil procedure—Court properly denies postjudgment motion to intervene, when—Civ.R. 24, construed and applied.

Criminal law—Drug offenses—Quantity of a controlled substance is not a factor in determining whether a defendant may lawfully be convicted of drug abuse, in violation of R.C. 2925.11(A).

Employer and employee—Liability of employer for intentional tortious conduct—Standing to file suit against employer alleging that employer committed an intentional tort leading to employee's injury, disease, or death.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Appropriate date on which to terminate disputed temporary total disability compensation on the basis of maximum medical improvement—Industrial Commission may not declare an overpayment for payments received by the claimant, when.

Workers' compensation—Industrial Commission's order granting an application for temporary total disability compensation an abuse of discretion once it has effectively determined applicant's condition to be permanent and at maximum medical improvement—Employer entitled to reimbursement from Surplus Fund under former R.C. 4123.515 and 4123.519.

Workers' compensation—Industrial Commission's order denying application for permanent total disability compensation an abuse of discretion when Noll requirements not met—Cause returned to commission for further consideration and amended order.

Habeas corpus to compel relator's release from prison—Petition dismissed, when.

Habeas corpus to compel relator's immediate release from prison—Petition dismissed, when.

Habeas corpus to compel relator's release from prison—Petition dismissed, when.

Habeas corpus and mandamus to compel relator's immediate release from prison—Petition dismissed, when.

Habeas corpus and mandamus to compel relator's immediate release from prison—Petition dismissed, when.

Habeas corpus to compel relator's immediate release from prison—Petition dismissed, when.

Mandamus to compel release from commitment—Petition dismissed for failure to comply with R.C. 2725.04(D).

Habeas corpus to compel relator's immediate release from prison—Petition dismissed, when.

Arbitration—Court's vacation of arbitration award with remand of the grievance to American Arbitration Association is not a final appealable order.

Mandamus to compel clerk of courts to journalize relator's divorce decree—Writ denied when act already performed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission not bound by an approved closed period interlocutory order issued by a commission deputy who has determined that a claimant is permanently and totally disabled—Options available to court of appeals on remand.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Statutory law in effect at time of entering into contract for automobile liability insurance controls the rights and duties of the contracting parties.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Statutory law in effect at time of entering into contract for automobile liability insurance controls the rights and duties of the contracting parties.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Statutory law in effect at time of entering into contract for automobile liability insurance controls the rights and duties of the contracting parties.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Statutory law in effect at time of entering into contract for automobile liability insurance controls the rights and duties of the contracting parties.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Taxation—Fraternal benefit societies—Use tax on purchases of office materials, equipment, and supplies is not a tax on the funds of a fraternal benefit society—R.C. 3921.24, construed.

Criminal law—Rape—Degree of force and violence necessary to commit crime of rape of a child varies, when—Under totality of circumstances, person who stands in same position over a child as a parent may be convicted of rape of a child under thirteen with force pursuant to R.C. 2907.02A)(1)(b) and (B) without evidence of express threat of harm or evidence of significant physical restraint.

Workers' compensation—Industrial Commission's order denying permanent total disability compensation an abuse of discretion when rehabilitation evidence not considered.

Attorneys at law—Misconduct—Public reprimand—Directly mailing self-laudatory brochures to the general public and publishing the brochure as an insert in a local newspaper.

Unauthorized practice of law—Individual not licensed to practice law in Ohio who represents others with regard to their causes of action for injury, communicates with insurance companies about claims, makes representations to creditors on behalf of third parties, and advises persons of their rights, and the terms and conditions of settlement is engaged in the unauthorized practice of law.

Search and seizure—Peace officers and authorized agents or employees of Department of Liquor Control need not identify themselves prior to entry to liquor permit premises, when—Reasonable expectation of privacy in liquor permit premises is minimal.

Habeas corpus to compel relator's immediate release from custody—Petition dismissed, when.

Search and seizure—Peace officers and authorized agents or employees of Department of Liquor Control need not identify themselves prior to entry to liquor permit premises, when—Reasonable expectation of privacy in liquor permit premises is minimal.

Appeal dismissed as improvidently allowed.

Public records—Mandamus to compel State Teachers Retirement Board to provide relator access to documents reflecting names and addresses of all STRS members who have completed five years of service credit, but are inactive and have made no contributions during the preceding school year—Writ denied, when.

Workers' compensation—Award of wage loss compensation by Industrial Commission—Possibility of unspecified error by commission not a proper basis for the exercise of reconsideration jurisdiction.

Workers' compensation—Application for permanent total disability compensation denied by Industrial Commission—Commission not bound by a prior interlocutory order of permanent total disability compensation—Commission's order complies with State ex rel. Noll when it adequately explains its reasoning.

Workers' compensation—Denial of claim for wage loss compensation by Industrial Commission—Cause returned to commission for further consideration pursuant to Noll, when.

Actions—Standing to sue and obtain judgment for compensatory damages from county when prosecuting attorney's office divulges expunged conviction.

Appeal dismissed as improvidently allowed.

Taxation—Real property—Valuation of office building and adjacent parcels of land leased to healthcare professionals—Board of Tax Appeals' decision as to property's value affirmed when owner fails to meet its burden of proving a right to a reduction in value—Board's denial of motion for sanctions reversed and remanded, when—Civ.R. 37(C), construed.

Public employment—When collective bargaining contract executed pursuant to R.C. Chapter 4117 includes an express termination date, the agreement may be deemed to continue by implied mutual assent after that date until either party to the agreement acts in a manner inconsistent with inference that parties wish to be governed by the contract.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Noll relief ordered.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Application to take Ohio Bar Examination disapproved—Applicant permitted to reapply, when.

Attorneys at law—Misconduct—Disbarment—Deliberate misappropriation of client funds for personal benefit.

Workers' compensation—Industrial Commission not bound by a prior interlocutory order for the award of permanent total disability compensation—Industrial Commission's order denying permanent total disability compensation supported by "some evidence," when.

Workers' compensation—Industrial Commission not required to extend permanent total disability compensation after issuing an interlocutory award for a closed period—Where commission's order is supported by "some evidence," it does not represent an abuse of discretion and will not be disturbed in mandamus.

Insurance—Motor vehicles—Underinsured motorist coverage—Wrongful death beneficiary not precluded from underinsured motorist coverage because of failure to notify insurer of a wrongful death settlement.

Attorneys at law—Misconduct—Two-year suspension—Engaging in conduct prejudicial to the administration of justice—Collecting an illegal or clearly excessive fee—Revealing a client's confidence or secret—Using a client's confidence for the advantage of a third person—Accepting multiple employment when independent professional judgment will be adversely affected—Continuing multiple employment when independent judgment will be adversely affected—Failing to promptly pay or deliver to client funds to which client is entitled.

Mandamus compelling common pleas court judge to vacate relator's prison sentence—Complaint dismissed, when.

Habeas corpus petition dismissed, when.

Appeals dismissed as improvidently allowed.

Age discrimination—Establishing a prima facie case of age discrimination under former R.C. 4101.17.

Public records—Exemptions—R.C. 2317.023(B)—Disclosure of mediation communication—Mandamus to compel Hamilton County Municipal Court Private Complaint Mediation Service Director to provide relator access to "Preliminary Complaint Form" used by mediator during mediation between relator and his ex-wife—Writ denied, when.

On certified order of the Supreme Court of Florida, No. 91672.

On Certified Order of the Supreme Court of Illinois.

On Certified Order of the Supreme Court of Kentucky.

Writ of prohibition to prevent judge of Court of Common Pleas of Cuyahoga County from conducting further proceedings in suit seeking a determination, pursuant to R.C. 2305.02, that Dr. Samuel Sheppard was innocent of the crime of which he had been convicted and for which he had been wrongfully imprisoned—Writ denied, when.

Prohibition and mandamus to enjoin and prohibit respondents from implementing provisions of Am.Sub.H.B. No. 350—Alternative writ granted.

Motion to quash subpoenas granted and motion to compel denied.

Attorneys at law—Misconduct—Indefinite suspension—Misappropriation of client funds—Engaging in self-dealing and violating fiduciary duty as a trustee.

Torts—Negligence—Independent contractor—Determining whether general contractor by virtue of its supervisory capacity over work site owes a duty of care to employees of subcontractor.

Workers' compensation—Scaffolds—VSSR—Industrial Commission's award of additional compensation for violations of specific safety requirements upheld when commission's order specifically identifies the cause of claimant's industrial accident.

Mandamus action claiming Ohio Bureau of Employment Services failed to comply with its duties under various prevailing wage law provisions of R.C. Chapter 4115 - Court of appeals erred in dismissing mandamus complaint [when].

Education—State universities—Faculty workload policies—R.C. 3345.45 violates the Equal Protection Clauses of the Ohio and United States Constitutions.

Taxation—Income tax—Apportioning Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund—Phrase "the legislative authority of the city, located wholly or partially in the county, with the greatest population" in R.C. 5747.53(A) and 5747.63(A), construed.

Criminal law—Trial—Witnesses—Immunity of witness turning state's evidence—Immunity that has been granted pursuant to R.C. 2945.44 continues when the person receiving immunity refuses to testify at a retrial.

Elections—Writ of prohibition to prevent Wood County Board of Elections from submitting a proposed zoning amendment to the electorate at the November 3 general election granted, when.

Attorneys at law—Misconduct—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—Disregarding the ruling of a tribunal.

Mandamus to compel respondents to commence appropriation proceedings on relator's building after respondents denied a demolition permit for a building listed on the National Register of Historic Places—Writ denied, when.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in denying impaired earning capacity compensation, when.

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

Criminal procedure—Classification as a sexual predator—R.C. 2950.09(B)(1) as applied to conduct prior to the effective date of the statute, does not violate the Retroactivity Clause of Section 28, Article II of the Ohio Constitution or the Ex Post Facto Clause of Section 10, Article I of the United States Constitution.

Motor vehicles—Insurance—Underinsured motorist coverage—Court of appeals' judgment reversed.

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

Commercial transactions—Home equity loan from finance company used to fund home improvement repairs—Consumer stops making payments on loan when work not completed—Arbitration provision in loan agreement unenforceable, when—Recovery against finance company under theory of civil conspiracy upheld, when.

Mandamus to compel relator's immediate release from Trumbull Correctional Institution—Mandamus action properly dismissed, when.

Prohibition—Writ prohibiting judge of common pleas court from enforcing pretrial discovery orders—Complaint dismissed, when.

Workers' compensation—Court of appeals' judgment affirmed.

Mandamus to compel domestic relations division judge to require his magistrate to issue findings of fact and conclusions of law in a temporary custody decision—Mandamus action properly dismissed, when.

Public records—Mandamus compelling Hancock County Board of Commissioners to provide relator access to all records relating to the terms of a settlement agreement containing a confidentiality provision in a civil rights violation lawsuit—Writ denied for mootness when relator has been given a copy of the settlement agreement—Attorney fees granted, when.

Workers' compensation—Denial of application for permanent partial disability compensation for partial hearing loss by Industrial Commission not an abuse of discretion, when—R.C. 4123.57 does not permit an award of permanent partial disability compensation for partial hearing loss.

On inquiries from the Perry County Court of Common Pleas, No. 22043.

Attorneys at law—Misconduct—Indefinite suspension—Forging client's signature on an affidavit and notarizing it—Handling a legal matter that attorney knows or should have known he is not competent to handle—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Prejudicing or damaging client during course of professional relationship—Handling a legal matter without adequate preparation—Practicing law in a jurisdiction where to do so would violate the regulations of the profession in that jurisdiction—Practicing law while under suspension.

Attorneys at law—Misconduct—Indefinite suspension—Failing to comply with orders of Supreme Court from prior disciplinary suspension—Continuing to practice law while suspended.

Public records—Mandamus to compel Geauga County Clerk of Courts to mail copies of indictment, docket statement, journal entry, and trial transcript of relator's criminal case—Complaint dismissed when respondent has no clear legal duty to transmit copies of the requested public records by mail.

Attorneys at law—Misconduct—Public reprimand—Writing two checks from a client trust account to cover a deficit in former law firm's operating account.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment on Propositions of Law Nos. I and II affirmed on authority of State v. Cook—Appeal dismissed as improvidently allowed on Propositions of Law Nos. III, IV, and V.

Attorneys at law—Misconduct—Public reprimand—Improperly executing and filing notarized affidavits in the Hamilton County Domestic Relations Court—Six-month suspension with entire sanction suspended—Improperly executing and filing notarized affidavits in the Hamilton County Domestic Relations Court.

Mandamus to compel Industrial Commission to grant relator's application for permanent total disability compensation—Writ denied, when.

Mandamus to compel common pleas court judge either to abrogate or redetermine relator's sentence, since he had completed his minimum prison term—Complaint dismissed, when.

Workers' compensation—Violation of specific safety requirement—Claimants may amend their VSSR applications to clarify prior charges regardless of Industrial Commission deadlines or statutes of limitations—Industrial Commission did not abuse its discretion in finding that Ohio Adm.Code 4121:1-3-09(F)(1), the catch-platform requirement, applies to gutter repair.

Attorneys at law—Misconduct—One-year suspension with six months stayed and two-year suspension with one year stayed—Engaging in conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Participating in the creation or preservation of evidence known to be false.

Attorneys at law—Misconduct—Indefinite suspension with credit for time served under suspension for mental disability—Misappropriation of client funds—Neglect of entrusted legal matters—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Prejudicing or damaging a client during course of professional relationship—Failing to cooperate in disciplinary investigation—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Knowingly making a false statement of law or fact—Engaging in illegal conduct involving moral turpitude—Failing to preserve funds of a client—Violating a Disciplinary Rule—Engaging in conduct adversely reflecting on fitness to practice law—Failing to refund fee paid in advance that has not been earned.

Torts—Nuisances—R.C. 3767.02, construed—R.C. 3767.06(A) violates Fourteenth Amendment Due Process Clause and Fifth Amendment Takings Clause of the United States Constitution and Section 19, Article I of the Ohio Constitution, when.

Workers' compensation—Denial of wage-loss compensation by Industrial Commission—Judgment of court of appeals denying writ of mandamus affirmed on authority of State ex rel. Justus.

Attorneys at law—Misconduct—Indefinite suspension—Violating a Disciplinary Rule—Neglect of an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Attempting to exonerate or limit liability to client for personal malpractice—Neglecting or refusing to assist in disciplinary investigation or hearing—Engaging in conduct adversely reflecting on fitness to practice law—Failing to promptly pay or deliver funds or property in attorney's possession which client requests and is entitled to receive.

Attorneys at law—Misconduct—One-year suspension with sanction suspended on condition—Neglecting to completely administer an estate.

Attorneys at law—Misconduct—Permanent disbarment—Failure to adequately prepare case—Neglecting legal matters—Violation of Disciplinary Rules—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—Failing to respond to or cooperate with disciplinary investigation.

Habeas corpus to compel relator's release from prison—Petition dismissed, when.

Workers' compensation—Industrial Commission ordered to vacate its ruling and recompute claimant's average weekly wage and permanent total disability compensation for an occupational disease, when.

Habeas corpus to compel petitioner's release from prison—Petition properly dismissed by court of appeals, when.

Certification of conflict accepted—Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and trial court's finding that defendant is a sexual predator reinstated on authority of State v. Cook.

Workers' compensation—Application for wage-loss compensation denied by Industrial Commission—Commission ordered to reconsider issue of good-faith job search, vacate those portions of the wage-loss compensation denial predicated on employment abandonment, and enter a new order granting or denying the benefits requested, when.

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

Workers' compensation—Claim for compensation for asbestos-related death allowed—Former employer disputes that decedent's last injurious exposure occurred during his employment, offers newly discovered evidence on issue of last injurious exposure, and asks that Industrial Commission reopen the death claim pursuant to its continuing jurisdiction under R.C. 4123.52—Industrial Commission does not abuse its discretion in refusing to reopen the death claim, when.

Workers' compensation—Employment of minors—R.C. 4109.02, 4109.05, and 4109.06 are specific safety requirements—Mandamus ordering Industrial Commission to vacate its order granting claimant's application for additional compensation based on the violation of a specific safety requirement denied, when.

On application for reinstatement.

Judges—Affidavit of disqualification—Judge's alleged comment does not evidence bias or prejudice, when—Disagreement or dissatisfaction with judge's rulings of law does not constitute bias or prejudice.

Judges—Affidavit of disqualification—Judges' review of attorney's conduct in the context of a criminal appeal does not preclude judges from reviewing the propriety of the dismissal of a subsequent malpractice action based on the attorney's earlier conduct—Judges are presumed to conduct independent review.

Mandamus to compel Jefferson County Auditor to issue a warrant to the county treasurer for funds owed by the county to relator for services in connection with the construction of the Jefferson County Joint Justice Facility granted, when—Civil procedure—Discovery improper when Rules of Civil Procedure not complied with—Summary judgment—Civ.R. 56, applied.

Workers' compensation—Statutory right to appeal an order of the Industrial Commission granted to claimant or employer in R.C. 4123.512.

Torts - Wrongful death - Discovery rule tolls R.C. 2125.02(D), when - Statute of limitations in wrongful death action that stems from a murder begins to run, when.

Mandamus and prohibition—Elections—Trial court prohibited from proceeding—Supreme Court reasserts continuing jurisdiction over DeRolph v. State to resolve any election-related challenge to May 5, 1998 election—Parties to brief issue whether Am.Sub.H.B. No. 697, which provides for the levy of new taxes only if approved by the electors on May 5, 1998, violates Section 26, Article II of the Ohio Constitution, or is otherwise unconstitutional.

Schools—Taxation—Am.Sub.H.B. No. 697 enacting R.C. 5739.029(A) and 5741.024, imposing sales, storage, use, consumption, and service taxes subject to approval of a majority of the state's electors at an election to be held May 5, 1998, with one-half of the tax proceeds to be used for schools, does not violate Section 26, Article II of the Ohio Constitution.

Public records—R.C. 149.43—Previously administered examinations of the Twelfth Grade Ohio Proficiency Test and the Ohio Competency Analysis Profile are public records subject to disclosure under Ohio's open records law.

Criminal law—Murder—Juvenile law—Bindover of juvenile as adult—Juvenile court fails to accomplish a legal transfer of its jurisdiction when no physical examination of the juvenile is performed as required by former R.C. 2151.26 and former Juv.R. 30.

Criminal law—Murder—Juvenile law—Bindover of juvenile as adult—Juvenile court fails to accomplish a legal transfer of its jurisdiction when there is no evidence in the record that a physical examination of the juvenile was performed as required by former R.C. 2151.26 and former Juv.R. 30.

Attorneys at law—Misconduct—Six-month suspension—Abuse of pretrial discovery process—Suppressing evidence when responding to interrogatories during discovery.

Attorneys at law—Actions constituting unauthorized practice of law—Application for admission without examination to practice law in Ohio—Applicants should not use potentially misleading designations while awaiting admittance to the Ohio Bar—Applicant may not use designation "General Counsel" or "Managing Counsel," when.

Municipal corporations—Taxation—Local net profits taxes are valid—Tax enacted by a municipality pursuant to its taxing power is valid in the absence of an express statutory prohibition of the exercise of such power by the General Assembly.

Municipal corporations—Annexation of territory—In considering annexation petition filed under R.C. 709.033, board of county commissioners must grant the annexation, when—Board of county commissioners shall not consider impact of schools in deciding whether the annexation is for the "general good of the territory."

Torts—Negligence—Independent contractor—For purposes of determining when a property owner owes a duty of care to an employee of an independent contractor, the property owner "actively participates" in the performance of the employee's work when the property owner exercises exclusive control over an aspect of the employee's working environment.

Criminal law—Aggravated murder—Selective-prosecution claim is not defense on the merits to criminal charge—Statistical evidence of racial disparity is insufficient to infer discriminatory purpose—Constitutional right to discovery not established, when—Purposeful discrimination not shown, when—Death penalty upheld, when.

Appellate procedure—Appeal of conviction of voluntary manslaughter on ground of ineffective assistance of counsel who did not present expert witness testimony concerning battered woman syndrome—Counsel not ineffective in failing to present expert witness testimony on battered woman syndrome, when—Strickland v. Washington standard, applied.

Taxation—Real property valuation—Board of Tax Appeals' decision unreasonable and unlawful, when—"Filing" for purpose of the prohibition of R.C. 5715.19(A)(2) against a second filing in the same interim period, applied.

Taxation—Real property valuation—Board of Tax Appeals' decision unreasonable and unlawful, when—"Filing" for purposes of the prohibition of R.C. 5715.19(A)(2) against a second filing in the same interim period, applied.

Appeal dismissed as improvidently allowed.

Depositions—Expenses—R.C. 2319.27 does not provide statutory basis for taxing services of a court reporter at a deposition as costs under Civ.R. 54(D).

Appeal dismissed as improvidently allowed—Court of appeals' opinion ordered not to be published in the Ohio Official Reports.

Workers' compensation–Industrial Commission's denial of impaired earning capacity compensation not an abuse of discretion, when.

Workers' compensation–Court of appeals' judgment reversed and order of Industrial Commission reinstated.

Workers' compensation–Court of appeals' judgment affirmed.

Workers' compensation–Court of appeals' judgment affirmed.

Workers' compensation–Court of appeals' judgment affirmed.

Workers' compensation–Court of appeals' judgment affirmed.

Workers' compensation--Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation–Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation–Court of appeals' judgment reversed and cause returned for compliance with State ex rel. Noll.

Workers' compensation–Court of appeals' judgment reversed and Industrial Commission's order reinstated.

Attorneys at law—Misconduct—Disbarment—Continued pattern of neglect of client matters coupled with failure to cooperate in disciplinary investigation.

Criminal law—Offenses against the family—Nonsupport of dependents—R.C. 2919.21(A)(3) requires adult child to provide adequate financial support for dependent parent, when—Term "support" as used in R.C. 2919.21(A)(3) does not encompass nonfinancial support considerations.

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

Judgment of Court of Appeals reversed on authority of State ex rel. Asberry v. Payne and cause remanded to trial court.

Banks—Action brought by individuals on behalf of themselves and others similarly situated to challenge certain methods used to amortize residential mortgage loans by bank—Determining whether, and to what extent, trial court properly refused to certify case as a class action pursuant to Civ.R. 23.

Workers' compensation—Mandamus action challenging Industrial Commission's award of temporary total disability compensation lacks ripeness, when.

Search and seizure—Peace officers and authorized agents or employees of Department of Liquor Control need not identify themselves prior to gaining entry to liquor permit premises, when—Reasonable expectation of privacy in liquor permit premises is minimal.

Workers' compensation—Industrial Commission's denial of claimant-retiree's application for impaired earning capacity benefits returned for further consideration and amended order, when.

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

Criminal law—Aggravated murder—Evidence—Due process requires that an indigent criminal defendant be provided funds to obtain expert assistance at state expense, when—Death penalty upheld, when.

Mandamus to compel relator's release from prison on parole or a new parole revocation hearing denied, when.

Workers' compensation—Industrial Commission does not abuse its discretion in denying impaired earning capacity benefits, when.

Insurance—Motor vehicles—Underinsured motorist coverage—Wrongful death beneficiary not precluded from underinsured motorist coverage because of failure to notify insurer of a wrongful death settlement.

Attorneys at law—Application for admission to the practice of law without examination not approved, when—Failure to pursue application.

Criminal procedure—Trial court properly denied defendant's request for an instruction on the offense of aggravated assault as an inferior degree of the offense of felonious assault, when.

Criminal law—Murder—Evidence—Evid.R. 702—Expert testimony regarding battered child syndrome in support of a claim of self-defense is admissible.

Criminal law—Sentencing—Six-year delay between imposition of a mandatory jail sentence resulting from a conviction of a drunk driving offense and the execution of said sentence is an excessive and unreasonable lapse of time between sentencing and execution of sentence—In convictions involving misdemeanor offenses, a delay in execution of sentence resulting from jail overcrowding that exceeds five years from the date that sentence is imposed is unlawful—Sentence vacated, when—Modification of sentence—No modification of sentence may occur after five years from date of sentencing.

Workers' compensation—Industrial Commission's order denying claimant's application for R.C. 4123.56(B) wage loss compensation not an abuse of discretion when wage loss not caused by claimant's industrial injury.

Workers' compensation—Industrial Commission's award of permanent total disability compensation supported by "some evidence," when—Commission's order complies with State ex rel. Noll when it explains its reasoning.

Mandamus to compel Public Employees Retirement Board to credit relator with fourteen years of service as a public employee with the Franklin County Public Defender's Office—Writ granted, when.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Statutory law in effect at time of entering into contract for automobile liability insurance controls the rights and duties of the contracting parties.

Taxation—Real property valuation of office buildings on two nonadjacent parcels where purchase price was not allocated at time of sale—Board of Tax Appeals may approve board of revision's valuation of each parcel, when.

Taxation—Real property valuation of office buildings on two nonadjacent parcels where purchase price was not allocated at time of sale—Board of Tax Appeals may approve board of revision's valuation of each parcel, when.

Attorneys at law—Misconduct—Public reprimand—Performing legal services for others after appointment as a referee/magistrate.

Prohibition to prevent common pleas court judge from proceeding in suit involving a nonresident defendant—Complaint dismissed, when.

Constitutional law—Search and seizure—Warrantless search of parolee, his motor vehicle, or place of residence performed by parole officer at any time pursuant to a condition of parole is constitutional.

Insurance—Motor vehicles—Claim for underinsured motorist benefits under employer's policy—Denial of claim by insurer—Determination of prejudgment interest pursuant to R.C. 1343.03(A)—Insurance company not liable for attorney fees incurred by claimants pursuant to a contingency fee contract, but liable for reasonable attorney fees pursuant to R.C. 2721.09, when.

Products liability—Civil actions—Market-share liability is not an available theory of recovery in a products liability action.

Torts—Negligence—Parents have authority to bind their minor children to exculpatory agreements in favor of volunteers and sponsors of nonprofit sport activities where the cause of action sounds in negligence—Agreements may not be disaffirmed by the child on whose behalf they were executed—Parents may release own claim arising out of injury to their minor children.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment reversed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Civil procedure—Class actions—Appeal—Class certification is not a final appealable order.

Prohibition—Writ prohibiting judge from conducting further proceedings on a December 31, 1996 judgment in a divorce proceeding—Court of appeals errs in sua sponte dismissing the complaint, when.

Domestic relations—Equitable division of marital and separate property—Under R.C. 3105.171, an increase in the value of separate property due to either spouse's efforts is marital property.

Workers' compensation—Application for death benefits denied by Industrial Commission—Action in mandamus dismissed when claimant has an adequate remedy at law via an R.C. 4123.512 appeal.

Civil procedure—Class actions—Trial court abuses its discretion in denying class certification on the basis that plaintiffs failed to satisfy Civ.R. 23(B)(3)'s requirement of predominance and superiority when it fails to give adequate consideration to whether the asserted claims are susceptible of class-wide proof.

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

Workers' compensation—R.C. 4123.01(C) and 4123.74 do not foreclose employee who has suffered purely psychological injuries from pursuing a common-law remedy against employer.

Employer and employee—Employer requires employee to perform a dangerous task—Requirements employee must satisfy in order to prevail against employer for an intentional tort—Sufficient evidence is presented to generate a triable issue whether employer had knowledge of a dangerous condition and of a substantial certainty of harm to employee, when.

Workers' compensation—Court of appeals' judgment reversed and State ex rel. Gay relief ordered.

Civil Rights Commission—Complaint alleges discrimination against applicant for position as firefighter recruit on basis of a handicap, his visual impairment—Person denied employment because of a physical impairment is not necessarily "handicapped" pursuant to former R.C. 4112.01(A)(13).

Public records—Mandamus to compel Elida Community Fire Company to provide relator access to fire company chief's investigative report and termination letters involving two volunteer firefighters—Writ granted, when.

Workers' compensation—Appropriate date on which to terminate disputed temporary total disability compensation on the basis of maximum medical improvement.

Unauthorized practice of law — Individual admitted to practice law in Illinois but not authorized to practice law in Ohio who counseled an Ohio client with respect to its Ohio tax obligations and represented that client before the Board of Tax Appeals, drafted buy-sell agreements for Ohio companies, and acted as legal counsel to corporations located in Ohio is engaged in the unauthorized practice of law.

Real property—R.C. Chapter 711 sets forth statutory framework for platting real property—R.C. 711.24 governs changes to a previously recorded plat—Implied easement in a private street may be unilaterally changed by an owner of land, when.

Appeal dismissed as improvidently allowed.

On affidavit of resignation.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—Indefinite suspension—Receiving fees for services not performed—Failing to assist in disciplinary investigation—Default of a child support order.

Attorneys at law—Misconduct—Two-year suspension with one year of sanction stayed on conditions—Engaging in illegal conduct involving moral turpitude—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—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Making false statement of law or fact—Disregarding rule or ruling of a tribunal—Failing to pay or deliver funds, securities, or other properties at request of client that client is entitled to have.

Real property—Interpretation of scope of the reservation of the right to keep and maintain a roadway easement.

Municipal corporations—Tort liability—Operation of a municipal swimming pool is subject to the exceptions to immunity set forth in former R.C. 2744.02(B) and to the available defenses enumerated in R.C. 2744.03.

Criminal law—Theft and fraud—Licensed software "uploaded" onto computer bulletin board without authorization from proper party—State criminal action under R.C. 2913.04 for unauthorized use of property is preempted by federal copyright laws.

Statutory construction—Phrase "notwithstanding division (B) of Section 1.58 of the Revised Code" contained in Section 5 of Am.Sub.S.B. No. 2, as amended by Section 3 of Am.Sub.S.B. No. 269, cannot be construed as an attempt to amend R.C. 1.58(B)—Criminal law—Amended sentencing provisions of Am.Sub.S.B. No. 2 apply only to these crimes committed on or after July 1, 1996—Section 5 of Am.Sub.S.B. No. 2, as amended by Section 3 of Am.Sub.S.B. No. 269, does not violate constitutional prohibitions against ex post facto and retroactive legislation.

Teachers—State Teachers Retirement System—Nature and extent of a contributor's protected property rights in the STRS are determined solely by the statutes that govern the system—Public school teachers possess contract rights in any STRS benefit, when.

Criminal law—Search and seizure—Search warrant authorizing the search of "all persons" on a particular premises does not violate the Fourth Amendment requirement of particularity, when.

Workers' compensation—Court of appeals' judgment affirmed on appeal and cross-appeal.

Workers' compensation—Court of appeals' judgment affirmed.

Mandamus to compel Mayor of North Olmsted to reinstate relator as head of the Division of Parks and Recreation and award him back pay and benefits—Writ denied when relator cannot establish a clear legal right to reinstatement or a corresponding clear legal duty on the part of the mayor to reinstate him.

Attorneys at law—Misconduct—Permanent disbarment—Engaging in a series of actions that demonstrate contempt for clients and for the bar.

Mandamus to compel common pleas court judges to adjust relators' criminal sentences in accordance with the sentencing provisions of Am.Sub.S.B. No. 2, as amended by Am.Sub.S.B. No. 269—Complaints dismissed, when.

Writ of procedendo to compel common pleas judge to reactivate a civil case that was stayed pending resolution of defendant's criminal appeal and to schedule the case for trial on the merits as soon as reasonably possible—Writ granted, when.

Workers' compensation—When employer has appealed Industrial Commission decision to common pleas court under R.C. 4123.512, court may subsequently grant a motion to voluntarily dismiss employee's complaint without prejudice under Civ.R. 41(A)(2).

Criminal procedure—Final order—Appeal—Pursuant to R.C. 2505.02 and 2505.03(A), a trial court's order granting defendant new trial in a criminal case is a final appealable order that the state may appeal by leave of court.

Criminal procedure—Revocation of parole—Mandamus to compel Ohio Adult Parole Authority and relator's prison warden to release him from custody denied, when.

Schools—Teachers—Unfair labor practices—State Employment Relations Board—School board barred by doctrine of collateral estoppel from relitigating issue of its motivation in nonrenewing a teacher's limited teaching contract, when—Application of collateral estoppel does not infringe upon SERB's exclusive jurisdiction to decide whether unfair labor practices have occurred.

Taxation—Real property valuation—Standing of former owner to file a complaint seeking a decrease in the true value of the property—R.C. 5715.13, construed and applied.

Criminal law—Aggravated murder—Defendant competent to stand trial and enter pleas, when—Presentence motion to withdraw no contest pleas properly denied—XYY syndrome raised in mitigation phase—Mitigation not established under R.C. 2929.04(B)(3), when—Death penalty upheld, when.

Criminal law—Evidence—Miranda warnings not given—Statement made by defendant in county jail implicating himself in murder not the product of an interrogation by corrections officers, when—Motion to suppress properly denied by trial court, when—Admission of co-defendant's taped statements harmless error, when.

Attorneys at law—Criteria for determining whether individual or entire law firm should be disqualified from representing a party when attorney leaves employment with firm representing a party and joins law firm representing opposing party.

Civil procedure—Failure to file answer to amended complaint waives opportunity to raise res judicata as an affirmative defense—Civ.R. 8 and 15.

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

Attorneys at law—Misconduct—Six-month suspension—Reciprocal discipline for violation of disciplinary order in California—Failure to inform Office of Disciplinary Counsel of sanction received in another state is cause to enhance sanction imposed in the other state.

Taxation—Real property valuation—Where Board of Tax Appeals rejects the evidence presented to it as not being competent and probative or credible, and there is no evidence from which the BTA can independently determine value, it may approve the board of revision's valuation, without the board of revision's presenting any evidence.

Public records—Mandamus granted to compel Cleveland, its police chief, and police records file section commander to prepare and provide access to motor vehicle accident reports within eight days after accidents occur—Request for attorney fees denied, when.

Taxation—Real property—Valuation of two adjacent office buildings by Board of Tax Appeals—Board of Tax Appeals' attorney-examiner's report is not a public record — Judicial mental process privilege—Weighing evidence and granting credibility to witnesses is BTA's statutory job—BTA's determination of basic factual matters affirmed by Supreme Court if supported by sufficient, probative evidence of record.

Taxation—Real property valuation of two-story apartment building operated under a federally subsidized rental program for seniors—Board of Tax Appeals has discretion in admitting evidence, weighing it, and granting credibility to testimony—Decision of Board of Tax Appeals based on property owner's appraiser reasonable and lawful, when.

Attorneys at law—Misconduct—Eighteen-month suspension with final year stayed—Failing to segregate client's funds from own funds and using client's funds without authorization.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Neglecting or refusing to assist in disciplinary investigation.

Attorneys at law—Misconduct—One-year suspension—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to carry out contract of employment—Neglect of an entrusted legal matter.

Attorneys at law—Misconduct—One-year suspension with six months of sanction stayed—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter without adequate preparation—Neglect of an entrusted legal matter.

Attorneys at law—Misconduct—Two-year suspension—Conduct prejudicial to the administration of justice—Conduct adversely reflecting on fitness to practice law—Failing to disclose to client in writing terms of division and identity of lawyers sharing in a fee.

Attorneys at law—Misconduct—Eighteen-month suspension with twelve months of the sanction stayed on conditions—Conduct involving moral turpitude—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to cooperate in a disciplinary investigation.

Frivolous conduct in civil actions—Former R.C. 2323.51(B)(3) and 2323.51(B)(4), construed—Award of attorney fees made by court pursuant to former R.C. 2323.51 may include fees incurred in prosecuting a motion for sanctions—Parties against whom award may be made.

Criminal law—Aggravated murder—Death penalty reversed and cause remanded for new trial, when—Requirement of Crim.R. 11 determination of guilt.

Workers' compensation—Employee injured in traffic accident during travel from home to remote well drilling site—Determining whether employee is a fixed-situs employee and therefore within the coming-and-going rule—Fixed-situs employee entitled to workers' compensation benefits for injuries occurring while coming and going from or to his place of employment, when.

Municipal corporations—Zoning—Zoning regulation presumed to be constitutional, when—No distinction between area and use regulations in terms of standard for a constitutional challenge.

Workers' compensation—Industrial Commission does not abuse its discretion in assessing a violation of a specific safety requirement when there is "some evidence" in support of its order.

Workers' compensation—Industrial Commission's denial of application for permanent total disability compensation an abuse of discretion, when—Writ of mandamus ordering Industrial Commission to award claimant permanent total disability compensation granted, when.

Criminal law—Aggravated murder—Death penalty—Original conviction reversed and remanded for further proceedings due to misconduct of prosecutor throughout much of trial and during closing argument—Imposition of death penalty after remand upheld, when.

Workers' compensation—Industrial Commission's award of temporary total disability compensation and medical benefits supported by "some evidence," when—Employer not entitled to reimbursement from Surplus Fund under former R.C. 4123.515, when.

Mandamus to compel Ohio Adult Parole Authority to remove detainer from relator's record—Writ denied, when.

Torts—Person "liable in tort," when—Joint tortfeasors—Enforcement of right of contribution—Former R.C. 2307.32(F) (now R.C. 2307.33[F]), construed and applied.

Mandamus to compel State Employment Relations Board to issue a complaint and conduct a hearing on University of Cincinnati's unions' unfair labor practice charge granted, when—Mandamus appropriate remedy to obtain judicial review of orders by SERB dismissing unfair labor practice charge for lack of probable cause.

On determination of default of child support order.

Public contracts—Prevailing wage law—Factors court may consider in determining whether work performed on a public improvement should be classified as work appropriate to a particular trade or occupation for prevailing wage purposes.

Domestic relations—Dissolutions—Civil procedure—Trial court may grant relief from judgment under Civ.R. 60(B)(1), (2), or (3) as to property division in the separation agreement without vacating the decree of dissolution, when—Remarriage of opposing party is not a complete bar to relief, but may be considered by trial court in determining whether such relief is equitable.

Civil procedure—Where judgment of a court is not dispositive on issues that a party later seeks to litigate, res judicata is not applicable, even if the prior court decision has discussed the issues that are the subject of the current litigation.

Municipal corporations—Zoning—Zoning regulation presumed to be constitutional, when—Appropriate test for constitutional challenge to a zoning regulation.

Criminal law—Sex offenses—Evidence—Expert witness's testimony that the behavior of an alleged child victim of sexual abuse is consistent with behavior observed in sexually abused children is admissible under the Ohio Rules of Evidence.

Attorneys at law—Misconduct—Indefinite suspension—Failing to maintain estate funds in an identifiable bank account—Failing to promptly notify survivors of receipt of estate funds—Engaging in illegal conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law.

Mandamus to compel board of education to issue relator two-year contracts from the 1992-1993 school year through the 1995-1996 school year—Writ denied, when.

Attorneys at law—Misconduct—Public reprimand—Having secretary trace signature of beneficiaries of a will on the estate inventory and certain vouchers and filing the documents with the Lake County Common Pleas Court.

Probate—Claims against decedent's estate not rejected by silence pursuant to R.C. 2117.11 unless creditor plainly invokes statute's five-day response period—Minimum requirement to distinguish claims subject to rejection by silence from those claims simply pending an allowance decision by estate's personal representative.

Attorneys at law—Misconduct—Recommendation by Board of Commissioners on Grievances and Discipline for disbarment—Matter remanded for further evidentiary proceedings, when.

Taxation—Real property valuation of swine breeding and production farm—Complaint as to valuation filed with board of revision—Income and expense statement showing total income and expenses during previous three years sought by board of revision—Complainant not required to provide additional information beyond filing of complaint—Board of revision may not dismiss complaint when complainant fails to provide supplemental information.

Workers' compensation—Alleged violation of a specific safety requirement involving manually propelled mobile scaffold—Ohio Adm.Code 4121:1-3-10(E)(12) and (F)(5)—Securing scaffolding to building—Industrial Commission abuses its discretion in finding violations of Ohio Adm.Code 4121:1-3-10(E)(12) and (F)(5), when.

Attorneys at law—Misconduct—Public reprimand—Plea of guilty to two felony charges of presenting a false or forged prescription for a Schedule IV drug resulting in judgment of treatment in lieu of conviction.

Motor vehicles—Insurance—Applicability of Ross v. Farmers Ins. Group of Cos. to claim for damages against tortfeasor's automobile liability insurance policy to be briefed.

Judges—Affidavit of disqualification—Ex parte communications made by judge to health care professionals of parties' children—Consent by parties to judge's contacts—Bias or prejudice not shown.

Judges—Affidavit of disqualification—Claims that party's attorney has done legal work for the judge and her husband, that judge is related by marriage to one of attorney's law partners, and that judge will "overcompensate" for these relationships—Attorney, who knew case was pending before judge when he accepted employment, could have refused to accept case—Affidavit denied.

Judges—Affidavit of disqualification—Disagreement or dissatisfaction with judge's rulings of law does not constitute bias or prejudice—Vague and unsubstantiated allegations are insufficient to support a finding of bias or prejudice.

Judges—Affidavit of disqualification—Judge who is being represented by prosecuting attorney or Attorney General is required to recuse himself or herself from a pending case only where the attorney who is representing the judge is also appearing before the judge on behalf of another party—Board Advisory Opinion 89-034.

Judges—Affidavit of disqualification—No evidence that business or social relationships between party's father and the judge would mandate disqualification—Mere fact that a party or lawyer in a pending case campaigned for or against a judge is not grounds for disqualification.

Judges—Affidavit of disqualification—Statutory right to seek disqualification of a judge is an extraordinary remedy not to be invoked in a frivolous manner—Filing of repeated affidavits of disqualification can result in the imposition of appropriate sanctions.

On application to be purged of contempt and for reinstatement.

On application for reinstatement.

On application for reinstatement.

On application for reinstatement.

On petition for reinstatement.

On application for termination of probation.

On application for reinstatement.

On application for termination of probation.

On application for termination of probation.

On application for reinstatement.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment reversed on the authority of State v. Rush.

Court of appeals' judgment reversed on the authority of State v. Rush.

Court of appeals' judgment reversed on the authority of State v. Rush.

On affidavit of resignation.

Elections—Writ of prohibition preventing Franklin County common pleas judge from exercising jurisdiction in case involving television advertisement granted when Ohio Elections Commission has exclusive jurisdiction over claims raised in that litigation—Order of trial court vacated and case before it dismissed.

Public records—Mandamus to compel city of Youngstown et al. to provide relator access to all records related to the Northeast Ohio Correctional Center, including records of any attempt to grant or enhance a tax exemption for the prison—Peremptory writ granted, when—Attorney fees awarded, when.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Administrative procedure–Appeal by party adversely affected by order of state agency–Failure to file notice of appeal within fifteen-day period set forth in R.C. 119.12 deprives common pleas court of jurisdiction over the appeal.

Criminal law—Time for trial—R.C. 2945.72(B)–Competency—Time within which accused must be brought to trial is tolled from date accused files a motion challenging competency to stand trial—Tolling of R.C. 2945.72(B) continues until trial court makes a competency determination.

Workers' compensation--Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Two-year suspension with eighteen months stayed—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Accepting employment when professional judgment reasonably may be affected by financial or personal interest.

Attorneys at law—Misconduct—Six-month suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Attempting to structure a transaction to evade the requirement of filing an IRS Form 8300.

Attorneys at law—Complaint of misconduct previously dismissed—Motion for reconsideration denied.

Workers' compensation—Temporary total disability compensation benefits—Overpayment—Termination of benefits—Request by employer to change termination date—Industrial Commission lacks jurisdiction to reexamine claimant's entitlement to temporary total disability compensation benefits, when.

Attorneys at law—Misconduct—Two-year suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Charging or collecting a clearly excessive fee—Handling a legal matter one is not competent to handle—Handling a legal matter without adequate preparation—Commingling client funds and attorney funds—Withdrawing funds of client without client's consent—Failing to maintain a complete record of all funds and properties of client coming into attorney's possession and failing to render an appropriate accounting to client of client's funds.

Mandamus to compel common pleas court judge to issue findings of fact and conclusions of law on relator's petition for postconviction relief—Writ denied when act already performed.

On affidavit of resignation.

On affidavit of resignation - Resignation accepted.

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).

On affidavit of resignation.

On affidavit of resignation.

Attorneys at law—Misconduct—Disbarment—Conduct involving moral turpitude—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct prejudicial to the administration of justice—Conduct that adversely reflects on fitness to practice law—Neglect of an entrusted legal matter—Refusing to cooperate in disciplinary investigation—Practicing law in a jurisdiction in violation of the regulations of the profession in that jurisdiction—Failing to deliver to client funds or property client is entitled to receive—Failing to preserve identity of client funds.

On affidavit of resignation.

Attorneys at law—Misconduct—Eighteen-month suspension—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Failing to preserve confidences of a client—Asserting a position or taking actions merely to harass or maliciously injure another—Practicing law in a jurisdiction where to do so would be in violation of regulations in that jurisdiction.

On affidavit of resignation.

On affidavit of resignation.

On motion of appellants from the Perry County Court of Common Pleas, No. 22043.

Criminal law–Bail condition preventing relator from prescribing and administering dangerous drugs–Habeas corpus not proper remedy to challenge bail condition when condition does not limit relator's freedom of movement or otherwise represent a restriction of his liberty severe enough to require the writ.

Attorneys at law—Misconduct—Permanent disbarment—Violating a Disciplinary Rule—Engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation—Neglect of an entrusted legal matter—Failing to carry out employment contract—Causing prejudice to client in course of professional relationship—Failing to promptly pay or deliver, on request, client funds or property to which client was entitled—Neglect or refusal to assist in disciplinary investigation—Indefinite suspension recently imposed in separate case.

Attorneys at law—Misconduct—One-year suspension with sanction stayed on conditions—Six-month suspension with sanction stayed—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—Taking action on behalf of client when it is obvious such action would merely harass or maliciously injure another—Concealing that which an attorney is required by law to disclose—Communicating or causing another to communicate on subject of representation with a party known to be represented.

On Certified Order of the Supreme Court of Colorado, No. 97SA323

On Certified Order of the Supreme Court of Colorado, No. 97SA338.

On Certified Order of the Supreme Court of Colorado, No. 96SA438

On affidavit of resignation.

Criminal law—Aggravated murder—Duress cannot be asserted as a defense to aggravated murder under R.C. 2903.01(A)—Death penalty upheld, when.

Workers' compensation—Industrial Commission does not abuse its discretion in denying wage-loss compensation, when.

Workers' compensation—Court of appeals' judgment affirmed.

Appeal dismissed as improvidently allowed.

Certification of conflict dismissed for want of conflict within meaning of S.Ct.Prac.R. IV(2)(B).

Workers' compensation—Court of appeals' judgment reversed and Industrial Commission's order reinstated.

Public records—Mandamus to compel Cleveland Department of Public Safety and its police chief to forward copies of certain records to relator—Complaint dismissed, when.

Mandamus to compel relator's immediate release from prison—Court of appeals does not err in dismissing complaint, when.

Complaint for writ of procedendo to compel common pleas court judge to journalize his decision denying relator's motion for a transcript properly dismissed by court of appeals, when.

ttorneys at law—Misconduct—Six-month suspension—Failing to file a case within the appropriate statute of limitations and then deliberately manufacturing a document to exonerate himself and presenting it as genuine in a formal disciplinary proceeding.

On certified order of the Supreme Court of Florida.

On petition for reinstatement.

On application for reinstatement.

On application for reinstatement.

On application for reinstatement.

On application for reinstatement.

On application for reinstatement.

Attorneys at law—Application to take Ohio Bar Examination denied, when—Applicant permitted to reapply to take the February 2000 bar examination provided he proves by clear and convincing evidence that he has successfully undergone counseling and treatment for his alcohol-abuse condition and that alcohol abuse is no longer a problem in his life.

Unauthorized practice of law—Individual not authorized to practice law in Ohio who prepares and files a motion and pleadings in court on behalf of his clients is engaging in the unauthorized practice of law.

Attorneys at law—Misconduct—Disbarment—Engaging in continuing course of deceit, misrepresentation, and neglect of duty to clients and bankruptcy court.

Workers' compensation—Court of appeals' judgment affirmed.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Court of appeals' judgment affirmed on the authority of State v. Rush.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Appeals—Judgment reversed and cause remanded.

Discretionary appeal allowed and judgment reversed on authority of State v. Rush.

Discretionary appeal allowed - Judgment reversed and cause remanded.

Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct–Indefinite suspension—Violating several Disciplinary Rules in the course of bankruptcy practice.

Attorneys at law—Misconduct—Public reprimand—Failing to file necessary probate forms in adoption proceeding and to order a home study in preparation for the adoption.

Criminal law—Indictment properly dismissed by trial court when defendant presents evidence establishing substantial prejudice resulting from preindictment delay and state fails to produce evidence of a justifiable reason for the delay.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and trial court's finding that defendant is a sexual predator reinstated on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment on Proposition of Law No. I affirmed on authority of State v. Cook—APPEAL dismissed as improvidently allowed on Proposition of Law No. II.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Attorneys at law—Application to register as candidate for admission to the practice of law—Application denied when applicant fails to cooperate with Board of Commissioners on Character and Fitness of the Supreme Court, maintain a current address with the board, and establish good character by clear and convincing evidence, and abandons his application to take the bar examination and his appeal of the disapproval of his application—Applicant precluded from reapplying for admission to the bar of Ohio.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to carry out contract for professional services—Neglecting an entrusted legal matter—Engaging in conduct prejudicial to the administration of justice—Collecting an illegal or clearly excessive fee—Failing to withdraw from employment when discharged by client—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—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—Failing to preserve identity of funds and property of a client—Failing to promptly pay or deliver to client funds the client is entitled to receive—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—Failing to withdraw from employment when discharged by client—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Prejudicing or damaging client during course of professional relationship.

Attorneys at law—Misconduct—Indefinite suspension—Misappropriation of client funds—When an attorney engages in conduct involving dishonesty, fraud, deceit, or misrepresentation, the attorney will be actually suspended from the practice of law for an appropriate period of time.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failing to preserve identity of funds of client—Engaging in conduct prejudicial to the administration of justice—Filing a suit merely to harass or maliciously injure another—Failing to make child support payments.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of entrusted legal matters—Failing to carry out contracts of employment—Failing to seek lawful objectives of clients—Prejudicing or damaging clients during course of professional relationship—Failing to cooperate in disciplinary investigation.

Elections—Initiative petition to submit issue whether R.C. 3769.25(E) satellite facility for pari-mutuel wagering should be prohibited—Protest challenging initiative petition on grounds that it failed to contain R.C. 3501.38(J) election falsification statement and that R.C. 3769.25 is unconstitutional—Writs of prohibition and mandamus denied because of laches—Election cases require "extreme diligence and promptness."

Appellate procedure—S.Ct.Prac.R. II(2)(D)(1)—Delayed 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 in filing an untimely delayed application.

Attorneys at law—Misconduct–Permanent disbarment—Neglect of an entrusted legal matter—Failing to refund promptly any part of fee paid in advance that has not been earned—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.

Mandamus to compel Ohio Department of Rehabilitation and Correction to allow relator to be given a polygraph examination with the test results placed in his prison records to support relator's claimed entitlement to an earlier parole release hearing—Writ denied, when.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Attorneys at law—Misconduct—One-year suspension stayed with conditions—Failure to cooperate in disciplinary investigation.

Attorneys at law—Judges—Misconduct—Permanent disbarment—Conviction for distributing cocaine.

Attorneys at law—Misconduct—Two-year suspension with entire sanction stayed on conditions—Termination of law office's employees' pension plan and transferring money to own account.

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

Attorneys at law—Misconduct—Six-month suspension—Neglect of an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Charging and collecting a clearly excessive fee.

Mandamus to compel judge of common pleas court, juvenile division, to appoint counsel for relator in her juvenile court custody proceeding—Writ granted, when.

Public records—Mandamus to compel Lake County Sheriff's Department to grant relator access to alleged racist electronic mail against her generated by individual corrections facility co-workers—E-mail not accessible as "public record," when—Writ and request for attorney fees denied.

Elections—Proposed amendment to Avon City Charter to provide for voter approval of ordinances and resolutions concerning rezoning, superstores, and shopping centers—Mandamus granted to compel placement of proposal on May 5 election ballot—Writ and attorney fees granted, when.

Arbitration—Enforcing arbitration agreement—Requirement to defeat motion for stay brought pursuant to R.C. 2711.02.

Attorney fees awarded.

Taxation—Real property valuation—Complaint dismissed, when—"Filing" for purposes of the prohibition of R.C. 5715.19(A)(2) against a second filing in the same interim period, construed and applied.

Civil procedure—Motion for judgment notwithstanding the verdict—Civ.R. 50(B), applied.

Appeal dismissed for lack of a conflict.

Appeal dismissed as improvidently allowed.

Workers' compensation—Industrial Commission's order denying application for permanent total disability compensation does not satisfy requirements of Noll and is returned for further consideration and amended order, when.

Criminal procedure—Where indictment, information, or complaint contains sufficient allegations to state a felony offense and defendant pleads no contest, court must find defendant guilty of the charged offense.

Real property—Requirements to acquire title by adverse possession.

Attorneys at law - Misconduct - Public reprimand - Using testimonials of past clients in broadcast television commercials that were clearly self-laudatory and failing to reveal in commercials that clients had legal obligation to pay costs

Attorneys at law - Misconduct - Public reprimand - Employment discrimination cases - Investigative fee applied to a nonrefundable retainer with contingent fee on sums received in excess of the retainer - General ambiguity of fee contracts

Criminal law—Sentencing—Sentence of actual incarceration mandated by former R.C. 2925.03 may run consecutively to or concurrently with a definite term of incarceration pursuant to former R.C. 2929.11—Combined sentences may not exceed maximum term of incarceration provided by former R.C. 2929.11.

Arbitration—Enforcing arbitration agreement—Requirement to defeat motion for stay brought pursuant to R.C. 2711.02.

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.

Prohibition to prevent Summit County Human Resource Commission from proceeding with unclassified juvenile court employees' appeal of their job terminations—Writ granted when commission lacks jurisdiction over employees' appeal.

Contracts—Insurance—Determination of whether arbitration clause is binding.

Mandamus to compel Industrial Commission to vacate its denial of permanent total disability compensation and to reinstate the May 1994 order of the staff hearing officers awarding relator permanent total disability compensation—Writ granted, when.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation—Benefits—R.C. 4123.56(B), applied—Wage-loss compensation properly terminated by Bureau of Workers' Compensation when two-hundred-week limit in R.C. 4123.56(B) is reached.

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 are proprietary functions.

Labor and industry—Public works—Prevailing wage law—Section 7 of National Labor Relations Act preempts state regulation under Ohio Adm.Code 4101:9-4-07(B)(6) and R.C. 4115.01(D) to the extent those provisions could be construed to restrain or inhibit federally protected use of job targeting programs.

Prohibition to prevent common pleas judge from proceeding in civil case in which he had disqualified himself—Writ granted—Judge patently and unambiguously lacks jurisdiction to proceed, when—Son represents party to the case—Canon 3(E)(1)(c)—Filing affidavit of disqualification deprives judge of authority to proceed—R.C. 2701.03.

Attorneys at law—Misconduct—Indefinite suspension—Reciprocal discipline.

Complaint for writ of procedendo to compel common pleas court judge to issue findings of fact and conclusions of law on the denial of a motion for the preparation of a second complete transcript for a postconviction relief appeal dismissed, when.

Custody—Interstate child custody dispute—Uniform Child Custody Jurisdiction Act, R.C. 3109.21 et seq., and the Parental Kidnapping Prevention Act, Section 1738A, Title 28, U.S. Code, construed.

Juvenile law—Adjudication of delinquency for aggravated murder supported by sufficient evidence, when.

Public employment—In an appeal pursuant to R.C. 124.34 by a terminated public employee who claims classified status, the state may assert defenses of waiver and estoppel, when.

Employment relations—Labor unions—Collective bargaining agreement—Arbitration—Arbitrator, after determining there was just cause to discipline an employee, has authority to review appropriateness of type of discipline imposed, when.

Attorneys at law—Misconduct—One-year suspension with credit for time served under interim suspension—Conviction of conspiracy to commit tax fraud—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Mandamus to compel Ohio Department of Rehabilitation and Correction to consider relator for parole—Writ denied, when.

Criminal Law—Sex offenses—Evidence—Expert witness's testimony that the behavior of an alleged child victim of sexual abuse is consistent with behavior observed in sexually abused children is admissible under the Ohio Rules of Evidence.

Workers' compensation—Employee injured in traffic accident during travel home from remote well drilling site—Determining whether employee is a fixed-situs employee and therefore within the coming-and-going rule—Fixed-situs employee entitled to workers' compensation benefits for injuries occurring while coming and going from or to his place of employment, when.

Attorneys at law—Misconduct—Public reprimand—Communicating on the subject of his representation with a party known to be represented by a lawyer.

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

Appeal dismissed as improvidently allowed.

Mandamus to compel release from commitment—Petition dismissed for failure to comply with R.C. 2725.04(D).

Public records—Applications for attorney fees and costs in mandamus action to compel State Auditor to provide relators access to all records relied on in audit of Mahoning Valley Sanitary District—Fees incurred as a result of other efforts to obtain the same records, not related to mandamus action against State Auditor, excluded from award.

Attorneys at law—Misconduct—One-year suspension with reinstatement on conditions—Failing to promptly refund any part of an advance fee that has not been earned after withdrawing from employment—Neglect of an entrusted legal matter—Intentionally failing to carry out contract of employment—Neglecting or refusing to assist in disciplinary investigation—Failing to deposit all funds of a client in an identifiable bank account where no funds of lawyer are deposited.

Attorneys at law—Misconduct—Indefinite suspension with credit for time served—Conviction of conspiracy to impede the collection of income taxes.

Appeal dismissed as improvidently allowed.

Mandamus to compel court of common pleas judge to vacate relator's conviction and sentence for felonious assault—Complaint dismissed, when.

Appellate procedure—Appeal dismissed when not properly perfected pursuant to S.Ct.Prac.R. II(2)(A)(1).

Procedendo—Motion for writ of procedendo to compel court of common pleas judge to determine relator's pending motion for production of transcripts and other documents—Motion dismissed, when—Original actions for extraordinary relief must be commenced by filing a complaint or petition rather than a motion.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Neglecting or refusing to assist in disciplinary investigation.

Mandamus to compel court of common pleas judge to vacate relator's judgment of conviction and sentence for aggravated murder—Complaint dismissed, when.

Mandamus to compel court of common pleas judge to enter a judgment vacating relator's conviction and sentence and discharging him—Writ denied when relator has already received this relief from the court of appeals.

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

Attorneys at law—Misconduct—One-year suspension with sanction stayed on conditions—Neglect of an entrusted legal matter.

Attorneys at law—Application to register as candidate for admission to the practice of law—Application denied when applicant found to be unfit for the practice of law—Applicant forever precluded from taking the bar examination.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation—Industrial Commission's award of temporary total disability compensation an abuse of discretion where no evidence of record establishes claimant's eligibility.

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

Habeas corpus seeking release from confinement after revocation of parole—Petition dismissed, when.

Taxation—Real property valuation—Appeal to Board of Tax Appeals—Notice of appeal sent to assistant county prosecutor does not meet R.C. 5717.01's requirement of filing a notice with the board of revision.

Appeal dismissed as improvidently allowed.

Criminal law—Requirement of former R.C. 2925.11(E)(5) and current analogous provisions of R.C. 2929.18(B)(1) that an affidavit of indigency must be "filed" with the court prior to sentencing construed.

Workers' compensation—Industrial Commission's denial of permanent total disability compensation returned for further consideration.

Mandamus to compel common pleas court judge to vacate relator's 1986 criminal convictions–Writ denied, when.

Workers' compensation—Court of appeals' judgment affirmed.

Criminal law–Time for trial–R.C. 2945.72(B)–Competency–Time within which accused must be brought to trial is tolled from date accused files a motion challenging competency to stand trial–Tolling of R.C. 2945.72(B) continues until trial court makes a competency determination.

Workers' compensation–Court of appeals' judgment affirmed.

Certification of conflict allowed—Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Trial court's finding that defendant is a sexual predator reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2).

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Sexually oriented offender finding by trial court reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Trial court's finding that defendant is a sexual predator reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—Cause remanded to trial court to properly direct processing of the defendant.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Sexually oriented offender finding by trial court reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Sexual predator determination by trial court reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Sexual predator determination by trial court reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed on authority of State v. Cook—Sexual predator determination by trial court reinstated.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Mandamus to compel Chair of Ohio Adult Parole Authority to provide relator with a second parole hearing at which she would consider whether relator should be paroled due to a vacated conviction—Writ denied, when.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—Court of appeals directed to lift stay of execution of sentence.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Taxation - Real property valuation - Only one complaint as to valuation may be filed during an interim period - Exceptions - Improvements to real property - Rezoning is not an improvement to real property.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Workers' compensation—Denial of wage-loss compensation by Industrial Commission an abuse of discretion, when.

Attorneys at law—Misconduct—Indefinite suspension—Conviction of conspiracy to commit an offense or defraud the United States in violation of Section 371, Title 18, U.S.Code.

Attorneys at law—Misconduct—Two-year suspension with one year stayed—Conviction of petty theft—Conviction of tampering with records.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—Cause remanded to trial court to properly direct processing of defendant.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and trial court's finding that defendant is a sexual predator reinstated on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook–Remand for new sexual predator classification hearing pursuant to R.C. 2950.09(B).

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—APPEAL dismissed as improvidently allowed on Propositions of Law Nos. III, IV, and V.

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

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Workers' compensation—Court of appeals' judgment affirmed.

Elections–Referendum petition filed challenging rezoning–Objections to referendum petition not submitted with required diligence and promptness–Writ of prohibition denied.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment affirmed on authority of State v. Cook—Cause remanded to trial court to properly direct processing of defendant.

Criminal procedure—Classification as sexual predator—Court of appeals' judgment reversed and cause remanded to trial court to conduct sexual predator classification hearing pursuant to R.C. 2950.09(C)(2) on authority of State v. Cook.

Taxation–Real property valuation–Owner of property seeking reduction in valuation listed as "trustee" of property when no trust exists–Owner entitled to represent himself before the board of revision and the Board of Tax Appeals.