Slip opinions decided 1999 — Ohio Public Domain Citations

On application for reinstatement.

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Attorneys at law—Misconduct—Two-year suspension with second year stayed—Plea of guilty to grand theft and trafficking in food stamps.

Judges—Affidavit of disqualification—Judge had parties' consent to engage in ex parte settlement discussions with representatives of each party—No claim for disqualification recognized.

Judges—Affidavit of disqualification—Defendant's counsel was judge's election opponent, two grievances arising from the campaign have been filed against her, and counsel and members of his law firm will be called as witnesses in any subsequent disciplinary proceedings—Combination of factors cited by affiant warrants blanket order of disqualification.

Judges—Affidavit of disqualification—Judge's son's law firm promptly withdrew from underlying case—Judge's granting of motion for relief from default judgment not evidence of bias or prejudice.

Judges—Affidavit of disqualification—Cooperation by judge with appropriate officials in the investigation of alleged criminal and ethical misconduct on the part of an attorney will not result in disqualification of that judge from cases in which that attorney may be participating.

Judges—Affidavit of disqualification—Ex parte communication by judge with affiant's expert witness, a friend of the judge — Contact not objected to by the parties—Substance or merits of case not discussed—Judge's continued participation in underlying case not evidence of bias or prejudice.

Judges—Affidavit of disqualification—Mere fact that judge participated in the review of a prior, related appeal does not mandate that judge be disqualified from pending appeal.

Judges—Affidavit of disqualification—Disqualification of judge not warranted by mere fact that attorney for one party was former municipal court bailiff of the judge—Ruling of law that is adverse to affiant does not demonstrate bias or prejudice.

Judges—Affidavit of disqualification—Judge will not be disqualified simply because he formed an opinion regarding the veracity of a potential witness while presiding over a related case—Recusal not required when the evidence upon which the judge's opinion was based did not come from an extrajudicial source.

Appeal dismissed as improvidently allowed.

Tort reform—Am.Sub.H.B. No. 350—Punitive damages—R.C. 2315.21(D)(3)(a)—Judgment of court of appeals affirmed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward and jury verdict reinstated.

Prohibition—Random sampling of motor vehicles—Failure to provide proof of financial responsibility—R.C. 4509.101(A)(3)(c)—Writ sought to prohibit Registrar of Ohio Bureau of Motor Vehicles from suspending relator's driver's license—Dismissal of action affirmed.

Tort reform–Am.Sub.H.B. No. 350 unconstitutional in toto–Court of appeals' judgment affirmed on the authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward.

Workers' compensation—Accidental expulsion of rod from spinner machine—Industrial Commission's denial of widow-claimant's application for a violation of a specific safety requirement, Ohio Adm.Code 4121:1-5-11(D)(9), not an abuse of discretion, when.

Tort reform—Am.Sub.H.B. No. 350—Certificates of merit—Newly enacted R.C. 2305.011—Judgment of court of appeals reversed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward and cause remanded to trial court for further proceedings.

Tort reform—Am.Sub.H.B. No. 350—Appellate procedure—Final appealable orders—Sovereign immunity—Amendment to R.C. 2501.02 and newly enacted R.C. 2744.02(C)—Judgment of court of appeals affirmed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward.

Workers' compensation—Mandamus directing Industrial Commission to vacate its order denying claimant temporary total disability compensation—Denial of writ affirmed.

Tort reform—Am.Sub.H.B. No. 350—Appellate procedure—Final appealable orders—Sovereign immunity—Amendment to R.C. 2501.02 and newly enacted R.C. 2744.02(C)—Judgment of court of appeals affirmed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—Permanent Disbarment—Continued overbilling of clients during the period of an ongoing investigation of similar practices.

Prohibition—Writ sought to prohibit common pleas court judge and county prosecuting attorney from proceeding with a sexual predator classification hearing—Dismissal of complaint affirmed.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Neglect of an entrusted legal matter—Failing to deposit clients' funds in identifiable bank accounts—Failing to render appropriate accounts to clients—Failing to promptly pay, upon request, funds which client is entitled to receive.

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—Neglecting an entrusted legal matter—Failing to cooperate in a disciplinary investigation—Failing to deliver all papers and property to which client is entitled upon withdrawal from employment.

Attorneys at law—Misconduct—Six-month suspension—Misrepresentations, lack of candor, and failure to fully cooperate in personal bankruptcy proceeding.

Attorneys at law—Misconduct—Indefinite suspension—Repeated neglect of client matters and misappropriation of client funds.

Attorneys at law—Misconduct—Eighteen-month suspension with one year stayed with probation—Engaging in conduct adversely reflecting on fitness to practice law—Failing to cooperate in a disciplinary investigation.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of theft in office.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Failing to promptly notify client of receipt of funds—Failing to cooperate in a disciplinary investigation—Failing to promptly pay or deliver funds to a client upon request—Current charges occurred at the same time as those involved in previous disciplinary case which resulted in an indefinite suspension.

Mandamus sought to compel common pleas court judge to answer relator's motion filed in opposition to the state's motion to dismiss—Dismissal of action affirmed, when.

Discretionary appeal allowed–Court of appeals' judgment reversed on authority of Denham v. New Carlisle.

Prohibition—Writ prohibiting Putnam County Clerk of Courts and Putnam County Prosecuting Attorney from attempting to collect court costs against relator—Complaint dismissed when moot.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of Denham v. New Carlisle.

On petition for reinstatement.

On application for reinstatement.

On application for reinstatement.

Workers' compensation—Mandamus to compel Industrial Commission to reset claimant's full and average weekly wage—Denial of writ affirmed.

Taxation—Franchise tax—Amount of bank holding company's repurchase agreements, Eurodollar deposits, cash deposits, and certificates of deposits it had with its wholly owned banking subsidiary are not the types of indebtedness that are excluded by R.C. 5733.05(A)(5)(c) in determining value of bank holding company's issued and outstanding shares of stock.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of Appeals judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Habeas corpus sought to void a judge's order in a child custody case—Dismissal of petition affirmed.

Mandamus sought to compel Ohio Adult Parole Authority to release relator on parole, or alternatively, order a new parole revocation hearing—Dismissal of complaint affirmed.

Habeas corpus sought to compel Warden of Mansfield Correctional Institution to release relator from prison—Dismissal of petition affirmed.

Habeas corpus petition challenging trial court's judgment ordering the final allocation of parental rights and responsibilities in a divorce action—Dismissal of petition affirmed.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward.

Court of appeals' judgment affirmed on authority of State v. Conyers.

Mandamus sought to compel common pleas court judge to conduct an evidentiary hearing on relator's postsentence motion to withdraw his no contest plea—Dismissal of action affirmed, when.

Statutory construction—General and special provisions—Criminal law—Parolee leaves halfway house without permission—Escape—Applicability of R.C. 2921.34(A)(1) to parolee—During period of October 4, 1996 to March 17, 1998, the parolee-exclusion language contained in the special provision of former R.C. 2967.15(C)(2) prevailed as an exception to the general provision of R.C. 2921.34(A)(1).

Statutory construction—General and special provisions—Criminal law—Parolee leaves halfway house without permission—Escape—Applicability of R.C. 2921.34(A)(1) to parolee—During period of October 4, 1996 to March 17, 1998, the parolee-exclusion language contained in the special provision of former R.C. 2967.15(C)(2) prevailed as an exception to the general provision of R.C. 2921.34(A)(1).

Taxation—Income tax—Nonresident shareholders of a Subchapter S corporation that conducts business activities in Ohio are subject to income tax on their distributive share of the S corporation's income.

Contracts—Insurance—Real property—Correct measure of damages under a mortgagee's title insurance policy when security fails due to an undiscovered prior lien.

Appeal dismissed as improvidently allowed.

Taxation—Income tax—Nonresident shareholders of a Subchapter S corporation that conducts business activities in Ohio are subject to income tax on their distributive share of the S corporation's income.

Workers' compensation—Complaint in mandamus alleging that Industrial Commission abused its discretion in denying claim for wage-loss compensation—Denial of writ affirmed, when.

Insurance—Insurer found guilty of bad faith with actual malice in failing to settle a tort case against its insured—Such conduct does not constitute the type of intentional tort that is uninsurable under Ohio law.

Criminal law—Police officer makes an investigative stop of an automobile, relying solely upon a dispatch—State must demonstrate at suppression hearing that facts precipitating the dispatch justified a reasonable suspicion of criminal activity—Telephone tip can, by itself, create reasonable suspicion justifying an investigative stop, when.

Taxation—Real property—True value of apartment building—Complaint filed by owner, challenging value for tax year 1993 not decided until tax year 1996—Increase of property values by county auditor throughout county for tax year 1996—R.C. 5715.19(D) carryover-value provisions, and continuing-complaint provisions, construed and applied.

Criminal law—Application of R.C. 2945.401(J)(1)(b) to a recommitment hearing that arose subsequent to the effective date of the statute.

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).

Motions to dismiss petition for writ of habeas corpus granted and cause dismissed.

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Attorneys at law—Misconduct—Permanent disbarment—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—Failing to deliver all papers and property to which client is entitled—Failing to promptly refund any part of a fee paid in advance that has not been earned—Neglecting an entrusted legal matter—Failing to seek lawful objectives of client—Neglecting or refusing to assist in disciplinary investigation.

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Schools—Current School Voucher Program violates the one-subject rule, Section 15(D), Article II of the Ohio Constitution—R.C. 3313.977(A)(1)(d) is unconstitutional.

Attorneys at law—Misconduct—Public reprimand—Communicating directly with adverse parties represented by counsel about the subject of the representation without their counsel's consent.

Workers' compensation—Two-year notice requirement in R.C. 4123.84(A) does not apply to claims for residual conditions—Residual-condition claims must be considered within the Industrial Commission's continuing jurisdiction under R.C. 4123.52.

Counties—Municipal corporations—County water supply systems—R.C. 6103.04 is constitutional—R.C. 6103.04 does not substantially interfere with a municipality's power to own and operate a water supply system.

Public Utilities Commission—Application to increase rates for natural gas service—Commission did not abuse its discretion in excluding a portion of the development costs of natural gas company's customer service system from its rate base—Commission acted unlawfully in imputing revenue levels for ratemaking purposes that differ significantly from the actual revenue collected from customers during the test period pursuant to contracts previously approved by the commission.

Workers' compensation—Application for wage-loss compensation denied when applicant fails to prove a causal relationship between injury and decreased earnings.

Mandamus—Court of appeals' dismissal of complaint upheld, when.

Prohibition—Writ sought to prevent judge of common pleas court from further execution of relator's criminal sentence—Denial of writ affirmed.

Torts—Wrongful death action—Determination of pilot in airplane crash—Trial court erred in instructing jury on the rebuttable presumptions contained in R.C. 4561.23.

Attorneys—Misconduct—Public reprimand—Threatening to present criminal charges solely to obtain an advantage in civil matter.

Attorneys at law—Misconduct—Indefinite suspension—While under order of interim suspension, appearing as an attorney on behalf of a party in a contested divorce.

Prohibition—Writ sought to prohibit Lorain County Board of Elections from conducting a June 1 special election involving a zoning classification of land located in the city of Avon—Writ denied, when.

Secured transactions—Payments made by an account debtor to an assignor of accounts receivable after receiving sufficient notice of an assignment violate the assignment—Account debtor subject to liability to the assignee for payments made to the assignor.

Public Utilities Commission—Suppliers of liquid petroleum gas are not public utilities subject to commission oversight and regulation under R.C. Title 49.

Constitutional law—Full faith and credit doctrine requires that Ohio give to those acts, records, and judicial proceedings of another state the same faith and credit as they have by law or usage in the courts of the state from which they are taken—Section 1738, Title 28, U.S.Code, and Section 1, Article IV, United States Constitution, applied.

Civil procedure—Trial court abuses its discretion in dismissing an action with prejudice for party's unexplained failure to timely comply with an order for a more definite statement, when.

Attorneys at law—Misconduct—Indefinite suspension—Continuing to practice law while under suspension—Repeated acts of dishonesty, deceit, and failure to abide by Supreme Court's order—Filing lawsuit to intimidate former client who had filed grievance against him—ADA does not prevent the discipline of attorneys with disabilities.

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).

Criminal procedure—Classification as a sexual predator—Defendant may waive R.C. 2950.09(B)(1) requirement that a sexual predator hearing precede sentencing—Defendant cannot be required to register as a sexual predator under R.C. 2950.04, when.

Workers' compensation—Grinding wheel shatters during use—Claimant's application for additional compensation for violation of several specific safety requirements granted, when—Ohio Adm.Code 4121:1-5-12(D)(3)(a)(i) and (4)(a).

Workers' compensation—Underpayment of premiums due to occupational misclassification of some employees discovered during audit by Bureau of Workers' Compensation—Bureau may recover any underpaid premiums retroactive to two years before the audit—Ohio Adm.Code 4123-17-17(C).

Criminal law—Penalties and sentencing—Multiple sentences—Former R.C. 2929.41(E)(2) did not apply to definite sentences.

Criminal law—Aggravated murder—Death penalty upheld, when—Verdicts on noncapital offenses reversed and cause remanded to three-judge trial panel when only presiding judge entered the verdicts.

Writs of mandamus and prohibition are appropriate to require lower courts to comply with and not proceed contrary to the mandate of a superior court—Court of appeals does not err in dismissing relator's claims for extraordinary relief in mandamus and prohibition when there is no evidence that domestic relations judge has proceeded contrary to the mandate of the court of appeals involving spousal support in a divorce action.

Criminal law—Probation—Trial court vested with discretion in determining proper conditions of probation—Trial court did not abuse its discretion in restricting defendant's driving privileges and ordering an ignition interlock device installed in defendant's automobile as a condition of probation, when.

Appellate procedure—Review by trial court of petition for postconviction relief filed pursuant to R.C. 2953.21—Due deference to be given to affidavits sworn to under oath and filed in support of petition—Trial court not required to accept the affidavits presented as true statements of fact—Trial court properly denies petition for postconviction relief without holding an evidentiary hearing, when—Trial court properly denies petition for postconviction relief and issues proper findings of fact and conclusions of law, when.

Parks—Withdrawal of municipalities from a park district—Mandamus to compel Mahoning County Auditor and Mahoning County Treasurer to continue assessing, collecting, and paying Board of Park Commissioners of Mill Creek Metropolitan Park District the park tax on all taxable real estate in the city of Campbell and the municipality of Sebring—Writ granted, when.

Workers' compensation—Industrial Commission does not abuse its discretion in terminating temporary total disability compensation when its decision is supported by "some evidence"—Appropriate date on which to terminate disputed temporary total disability compensation on the basis of maximum medical improvement.

Mandamus to compel common pleas court judge to rule on a pretrial motion filed prior to the issuance of a divorce decree—Complaint dismissed, when.

Attorneys at law—Misconduct—Investigation of grievance against attorney must be conducted in compliance with Gov.Bar R. V(4)(D)—Complaint dismissed when investigation in disciplinary proceeding violates Gov.Bar R. V(4)(D).

Attorneys at law—Misconduct—Indefinite suspension—Concealing assets of an estate—Neglect of an entrusted legal matter—Abandonment of an estate case—Neglecting or refusing to assist or testify in a disciplinary investigation.

Automobile liability insurance—Underinsured motorist coverage—R.C. 3937.18—Scope of coverage of employer's commercial automobile liability policy for employee injured in accident—Court of appeals' judgment reversed on authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co.

Civil procedure—Declaratory judgment action—When not all interested persons have been made parties, party seeking relief may join the absent party by amending its pleading in accordance with Civ.R. 15.

Criminal law—Penalties and sentencing—R.C. 2929.14(B), construed and applied.

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

Criminal law—Robbery—Deadly weapon element of R.C. 2911.02(A)(1) does not require the mens rea of recklessness—It is not necessary to prove a specific mental state regarding the deadly weapon element of the offense of robbery to establish a violation of R.C. 2911.02(A)(1).

Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a minor misdemeanor traffic offense which results in a vehicular homicide, does not violate the Eighth Amendment to the United Constitution or Section 9, Article I of the Ohio Constitution.

Public records—Mandamus to compel city of Lakewood to provide relator with various records relating to the enterprise fund of the Lakewood Water Department—Writ denied, when—Request for attorney fees denied, when.

Torts—Independent tort for the unauthorized, unprivileged disclosure of nonpublic medical information exists in Ohio—Disclosure of confidential medical information permitted, when—Proof required to establish liability for unauthorized, unprivileged disclosure of nonpublic medical information.

Motor vehicles—Insurance—Uninsured motorist coverage—Court of appeals' judgment affirmed.

Torts—Wrongful death—No cause of action in Ohio against liquor permit holder by voluntarily intoxicated patron who is "underage" pursuant to R.C. 4301.22(A)(1) and 4301.69, but who has attained the age of majority, for self-inflicted injury due to being intoxicated.

Criminal law—Where single indictment contains felony and misdemeanor counts, speedy-trial provisions in R.C. 2945.71(B) must be applied to the misdemeanor counts.

Torts—Negligence—Damages—Plaintiff who accepts a remittitur may appeal trial court's determination of damage issue, when—If reviewing court finds no error in determination of damages, plaintiff's prior acceptance of judgment for reduced amount will be affirmed unless result of principal appeal requires otherwise.

Attorneys at law—Misconduct—Six-month suspension with sanction to commence after conclusion of current suspension—Neglecting an entrusted legal matter—Intentionally failing to carry out contract of employment for professional services.

Attorneys at law—Misconduct—Indefinite suspension—Pattern of misconduct and misappropriation of client funds—Failing to cooperate in disciplinary investigation—Failing to register with Clerk of Supreme Court of Ohio—Failing to notify Attorney Registration Office of current residence and office addresses.

Attorneys at law—Misconduct—Two-year suspension—Payment of kickbacks by outside counsel to company's in-house counsel for referrals of company's legal work—Using trust account to receive personal as well as client funds and to pay personal bills and business expenses—Lying to disciplinary authorities.

Tort reform—Am.Sub.H.B. No. 350 unconstitutional in toto—Standing—Where object of an action in mandamus and/or prohibition is to procure the enforcement or protection of a public right, the relator need not show any legal or special individual interest in the result.

Automobile liability insurance—Underinsured motorist coverage—R.C. 3937.18—Scope of coverage of employer's commercial automobile liability policy for employee's child injured in an accident.

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

Workers' compensation—Industrial Commission does not abuse its discretion in denying claimant's average-weekly-wage-adjustment request, when.

Workers' compensation—Employee's death resulting from fall from ten-foot-seven-inch-high beam to concrete floor below—Industrial Commission's additional award for violation of specific safety requirement not an abuse of discretion when company's safety manual explicitly forbids employees to wear safety belts available for their use while "connecting major members" in the construction of a catwalk—Ohio Adm.Code 4121:1-3-03(J)(1).

Civil procedure—Trial court's decision granting summary judgment based on immunity for one of several defendants in a civil action becomes a final appealable order, when.

Habeas corpus to compel relator's release from prison—Dismissal of petition affirmed, when.

Mandamus sought to compel respondents to include and pass a provision in Am.Sub.H.B. No. 283 appropriating $30,000 of general funds for the Geauga County Airport Authority—Complaint dismissed, when—Appropriate compliance with its own rules is for General Assembly to determine—State ex rel. Ohio Academy of Trial Lawyers v. Sheward, distinguished—Motion for sanctions against relators' attorneys granted.

Workers' compensation—Industrial Commission does not abuse its discretion in denying award for violation of a specific safety requirement, when—Ohio Adm.Code 4121:1-3-03(J)(1).

Corporations—Voting by shareholders—Voting trusts—Probate court has concurrent jurisdiction with general division of court of common pleas over an irrevocable voting trust created pursuant to R.C. 1701.49—Probate court may not revoke a valid irrevocable voting trust created pursuant to R.C. 1701.49.

On application of termination of probation.

Workers' compensation—Managed care organization program enacted in R.C. 4121.44 and 4121.441 does not violate Section 35, Article II of the Ohio Constitution.

Criminal law—Defendant in a community-based correctional facility is in detention pursuant to R.C. 2921.01(E) and (F), and is subject to conviction for escape pursuant to R.C. 2921.34.

Taxation—Decision of Board of Tax Appeals finding transcutaneous electrical nerve stimulators and neuromuscular electrical stimulators subject to sales tax affirmed.

Attorneys at law—Misconduct—Two-year suspension with eighteen months stayed on condition—Collecting a clearly excessive fee—Neglecting an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Prejudicing or damaging client during course of professional relationship.

Attorneys at law—Misconduct—Eighteen-month suspension with final twelve months stayed on condition—Neglecting an entrusted legal matter—Commingling client funds.

On petition for reinstatement.

Attorneys at law—Misconduct—Eighteen-month suspension with final six months of suspension stayed—Having sexual relations with a female client and proposing that she barter sexual favors for legal fees owed.

Telephone companies—Creation of new telephone area code designations in northeastern Ohio—Complaint challenging telephone company's plan to achieve area code relief dismissed by Public Utilities Commission—Dismissal of complaint by commission reasonable and lawful, when.

Taxation—Income tax—R.C. 5747.53 and 5747.63—Apportioning Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund—Approval of alternative formula for apportioning monies in fundsGovernmental units that have not limited their approvals to a specific period of time need not thereafter annually reapprove the same formulas for use in subsequent years.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission awards death benefits to the widow of a deceased employee but widow dies before the commission disburses the funds—Widow's estate can seek payment of those accrued benefits for the period between the deceased employee's death and the widow's death.

Workers' compensation—Under R.C. 4123.56, Industrial Commission cannot make any modification, change, finding, or award that grants compensation for any period more than two years before the date claimant applies for such compensation.

Criminal procedure—Classification as sexual predator—Sexual predator hearing conducted pursuant to R.C. 2950.09(C)(2) must take place prior to offender's release from confinement—Hearing must be scheduled far enough in advance of offender's release date to allow officials to satisfy statutory notification duties under R.C. 2950.03(A)(1).

Criminal law—Sealing of record of conviction—R.C. 2953.31 and 2953.32 bar the sealing or expungement of the record of any other conviction when a person has been convicted of a violation of R.C. 4511.19.

Taxation—Real property valuation—Holder of an equitable interest in real property does not have standing to file a valuation complaint—R.C. 5715.19, construed and applied.

Rules of Practice—S.Ct.Prac.R. XIV(5) applied—Reasonable attorney fees awarded when frivolous appeal filed.

Appeal dismissed as improvidently allowed.

Prohibition—Writ sought to prevent judge of common pleas court from proceeding in an action involving claims of tortious interference with a contract—Mandamus sought to compel judge of common pleas court to transfer venue of action involving claims of tortious interference with a contract—Writs denied, when—Doctrine of primary jurisdiction does not divest courts of subject-matter jurisdiction, when.

On application for reinstatement.

On petition for reinstatement.

Criminal law—Aggravated murder—Death penalty upheld, when—Verdicts on noncapital offenses reversed and cause remanded to three-judge trial panel when only presiding judge entered the verdicts.

Taxation—Application of personal property tax to manufacturing inventory of a division sold by a corporation.

Attorneys at law—Misconduct—Six-month suspension—Continuing multiple employment if independent professional judgment on behalf of a client is likely to be adversely affected by representation of another client—Representing two or more clients in the making of an aggregate settlement of the claims of or against those clients—Previous violation of a comparable Disciplinary Rule.

On certified order of the Supreme Court of New Jersey.

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

Torts—Injury or damage to real property—Four-year statute of limitations set forth in R.C. 2305.09(D) applicable—Negligence action against developer-vendor of real property for damage to the real property accrues and four-year statute of limitations of R.C. 2305.09(D) commences to run, when.

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

Evidence—Expert witness—Reliance on published medical literature in forming opinion—Statements contained in literature can be used for purposes of impeachment—Reliance on published medical literature can be established without an express acknowledgement by the testifying expert that he or she relied upon it.

Contracts—Employment agreement between independent insurance agent and insurance company—Termination of Corporate Agency Agreement by insurance company with or without cause not wrongful or in bad faith, when—Noncompetition clause reasonable, when.

Prohibition—Writ sought to prohibit Ohio Adult Parole Authority from taking any actions concerning relator—Complaint dismissed, when.

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

Writ of habeas corpus seeking relief from confinement—Petition dismissed when claims of insufficiency of evidence or erroneous jury instructions are raised—Costs assessed against relator, when.

Petition for writ of habeas corpus seeking release of relator from Mansfield Correctional Institution—Petition dismissed, when.

On application for reinstatement.

Taxation—Income tax—R.C. 5747.53 and 5747.63—Apportioning Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund—Decision of Board of Tax Appeals reversed on authority of Lancaster v. Fairfield Cty. Budget Comm.

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.

Automobile liability insurance—Uninsured motorist coverage—R.C. 3937.18—Scope of coverage of employer's commercial automobile liability policy for employee killed in accident—Court of appeals' judgment reversed on authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co. and judgment of trial court reinstated.

On application for reinstatement.

On application for reinstatement.

Appellate procedure—Administrative law—Final orders—Interlocutory discovery order—Mandamus cannot be used as a substitute for appeal or to create an appeal from an order that is not final.

Workers' compensation—Industrial Commission's denial of application for an additional award for violation of a specific safety requirement vacated and cause returned to commission for further consideration and amended order, 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 reversed and State ex rel. Gay relief ordered.

Taxation—Income tax—R.C. 5747.53 and 5747.63—Apportioning Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund—Decisions of Board of Tax Appeals reversed on authority of Lancaster v. Fairfield Cty. Budget 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 reversed and State ex rel. Gay relief ordered.

Mandamus sought to compel domestic relations division judge to rescind order preventing relator from filing pleadings with the clerk of the trial court without the judge's prior approval—Dismissal of complaint affirmed.

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

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to cooperate in a disciplinary investigation.

Attorneys at law—Misconduct—Two-year suspension with one year of sanction stayed and attorney ordered to pay $1,000 to client—Handling a legal matter without adequate preparation—Neglecting an entrusted legal matter—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Permanent disbarment—Engaging in a pattern of neglect and deceit—Failing to return clients' property and funds upon request—Failing to cooperate in disciplinary investigations.

Attorneys at law—Misconduct—Permanent disbarment—Converting funds for personal use—Blatantly disregarding court orders in litigation prompted by the wrongful appropriation of the funds.

Employer and employee—Wages and hours on public works—Alleged violations of prevailing wage law—Union meets requirements of an "interested party" under R.C. 4115.03(F) and is authorized to file complaints pursuant to R.C. 4115.16, when.

Criminal law—Where single indictment contains felony and misdemeanor counts, speedy-trial provisions in R.C. 2945.71(B) must be applied to the misdemeanor counts—Court of appeals' judgment affirmed on the authority of State v. Hughes.

Criminal law—Where single indictment contains felony and misdemeanor counts, speedy-trial provisions in R.C. 2945.71(B) must be applied to the misdemeanor counts—Court of appeals' judgment affirmed on authority of State v. Hughes.

Habeas corpus to compel relator's immediate release from Warren Correctional Institution—Dismissal of writ affirmed, when—Speedy-trial claim not cognizable in habeas corpus.

Public employment—Writ of quo warranto ousting village councilman from office denied, when—Village councilman convicted of attempted tax evasion not disqualified from his position when federal conviction is expunged under R.C. 2953.32 and 2953.33.

Habeas corpus sought to effect relator's immediate release from prison—Dismissal of petition affirmed.

Habeas corpus to compel relator's release from prison—Dismissal of petition affirmed.

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

Municipal corporations—Health and safety—Construction and demolition debris—Sections 660.19, 1155.05(o), 1155.05(hh), and 1155.05(nn) of the Sheffield Village Codified Ordinances conflict with R.C. Chapter 3714.

Workers' compensation—Mandamus sought to compel Administrator of the Ohio Bureau of Workers' Compensation to recalculate relator's merit rating for the years 1994, 1995, and 1996, by using a formula that excludes the claim costs that relator incurred while participating in a Retrospective Rating Plan—Writ denied, when.

Civil procedure—Trial court's decision granting summary judgment for one of several defendants in a civil action becomes a final appealable order, when—Court of appeals' decision reversed and cause remanded to court of appeals for further proceedings on authority of Denham v. New Carlisle.

Taxation—Real property—Exemptions—Board of Tax Appeals' determination that a two-story, three-bedroom house on a small lot owned by an Ohio non-profit corporation is not entitled to a charitable institution exemption is unreasonable and unlawful, 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.

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 reversed and State ex rel. Noll relief granted.

Mandamus to compel Ohio Adult Parole Authority to credit relator's sentence with his one-hundred-eight-day period of pretrial confinement—Denial of writ affirmed—Writ of mandamus will not issue to compel an act that has already been performed.

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

Civil procedure—Trial court's decision granting summary judgment for one of several defendants in a civil action becomes a final appealable order, when—Court of appeals' decision reversed and cause remanded to court of appeals for further proceedings on authority of Denham v. New Carlisle.

Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a minor misdemeanor traffic offense which results in a vehicular homicide, does not violate the Eighth Amendment to the United States Constitution or Section 9, Article I of the Ohio Constitution—Court of appeals' judgment affirmed on authority of State v. Weitbrecht.

Habeas corpus to compel relator's release from prison—Dismissal of petition affirmed, when.

On application for reinstatement.

Attorneys at law—Misconduct—Reciprocal discipline—Public reprimand—Gov.Bar R. V(11)(F).

Elections—Initiative petitions—"Appropriation," defined—Proposed ordinance to be certified for submission to the electors—Attorney fees to abide submission of evidence and briefs.

AppeaL dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

On application for reinstatement.

Attorneys at law—Misconduct—Indefinite suspension—Violating a Disciplinary Rule—Engaging in conduct adversely reflecting on fitness to practice law—Failing to seek lawful objectives of client—Failing to promptly pay, upon request, funds in possession that client is entitled to receive—Failing to cooperate in disciplinary investigation—Failing to comply with continuing legal education requirements.

On affidavit of resignation and authorization and release pursuant to Gov.Bar R. V(11)(G)(1) - Resignation accepted.

On affidavit of resignation and authorization and release pursuant to Gov.Bar R. V(11)(G)(1) - Resignation accepted.

On application for reinstatement.

Education—State universities—Faculty workload policies—Classification contained in R.C. 3345.45 does not violate the Equal Protection Clause of the Ohio Constitution—R.C. 3345.45 is a valid exercise of legislative authority under Section 34, Article II of the Ohio Constitution.

Workers' compensation—Claimant cannot receive temporary total disability compensation when he or she is unable to return to the job at which he or she was injured, but continues to work as a scuba instructor—Industrial Commission does not abuse its discretion in denying application for wage-loss compensation, when.

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

Criminal law—Domestic relations—Husband and wife—Interest in property of the other—Spouse may be criminally liable for trespass and/or burglary in the dwelling of the other spouse who is exercising custody or control over that dwelling—R.C. 3103.04 is inapplicable in criminal cases.

Taxation—Real property valuation of forty-four noncontiguous units of a one-hundred-twenty-six-unit condominium project—True value of real property—Purchase of forty-five units within thirteen months of tax lien date established the best evidence of true value.

Criminal law—Searches and seizures—Inventory search of compartment of lawfully impounded vehicle does not contravene Fourth Amendment to United States Constitution or Section 14, Article I of the Ohio Constitution, when.

Attorneys at law—Character and fitness—Application to take Ohio Bar Examination denied, when—Conditions for applicant to take July 2000 bar examination.

Torts—Elements of tortious interference with contract—Establishing lack of justification element in tort of tortious interference with contract—Factors in determining whether an actor has acted improperly in intentionally interfering with a contract or prospective contract of another—Establishment of privilege of fair competition will defeat claim of tortious interference with contract, when—Listings of names, addresses, or telephone numbers that have not been published or disseminated constitute trade secrets, when—Whether particular knowledge or process is a trade secret is a question of fact determined by trier of fact upon greater weight of the evidence.

Torts—Negligence—Applicability of R.C. 2744.03(A)(5) to middle school where student slips and falls on wet floor caused by leaking drinking fountain.

State government—Provisions of R.C. 125.081 requiring that approximately fifteen percent of state's purchasing contracts be set aside for competitive bidding by minority business enterprises only are constitutional—Provisions of R.C. 122.71(E) defining "minority business enterprise" with explicit reference to race are constitutional as applied to deny minority-business-enterprise status to business owned and controlled by person of Lebanese ancestry—Ohio's Minority Business Enterprise Program as it relates to purchasing contracts is constitutional.

Workers' compensation—Alleged violation of specific safety requirement dealing with insulated personal protective gear—VSSR application denied by Industrial Commission—Cause returned to commission for further consideration and amended order, when.

Public records—Personnel and internal investigative records pertaining to police officers—Exemptions protected by constitutional right of privacy—Police officers' files that contain the names of the officers' children, spouses, parents, home addresses, telephone numbers, beneficiaries, medical information, and the like.

Workers' compensation—Alleged violation of specific safety requirement concerning interlock press barrier guard—Industrial Commission abuses its discretion in finding a violation of Ohio Adm.Code 4121:1-5-10(D)(2)(d)(i), when.

Workers' compensation—Calculation of death benefits—Industrial Commission sets claimant's death benefit at the minimum statewide average weekly wage—Departure from R.C. 4123.61's standard average weekly wage formula not warranted, when.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2745.01 is unconstitutional in its entirety—Cross-appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—Public reprimand—Collecting an illegal or clearly excessive fee—Failing to pay upon request client funds that client is entitled to receive.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of Cuyahoga Support Enforcement Agency v. Guthrie.

Workers' compensation—Court of appeals' judgment affirmed.

Judges—Misconduct—Complaint charging common pleas court judge with violating Canon 3(A)(5) of the Code of Judicial Conduct dismissed, when.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2745.01 is unconstitutional in its entirety—Court of appeals' judgment affirmed on authority of Johnson v. BP Chemicals, Inc.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2945.01 is unconstitutional in its entirety—Court of appeals' judgment affirmed on authority of Johnson v. BP Chemicals, Inc.

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).

Attorneys at law—Misconduct—Indefinite suspension—Neglect in administering an estate—Violation of a previously stayed suspension.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Indefinite suspension—Failing to maintain separate identifiable bank accounts for client funds—Failing to maintain records of client funds coming into attorney's possession—Using client trust funds for personal and business expenses—Failing to register timely with the Supreme Court for the three biennial periods from 1985 through 1991—Failing to register for the biennial registration periods from 1991 through 1997—Engaging in illegal conduct involving moral turpitude—Engaging in conduct adversely reflecting on fitness to practice law—Intentionally prejudicing or damaging client during course of professional relationship.

Torts—Negligence—Motor vehicles—Evidence of a subsequent driving record is not admissible to establish the state of mind of a driver at the time of an earlier accident.

Motor vehicles—Insurance—Scope of coverage of an underinsured motorist claim—Court of appeals' judgment reversed on authority of Ross v. Farmers Ins. Group of Cos.

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

Criminal law—Penalties and sentencing—Imposing sentence for aggravated murder—Victim-impact evidence admissible in capital sentencing hearings, when—Death penalty upheld, when.

Schools—Teachers—Attainment of continuing service status by an eligible teacher is not dependent upon a written contract of employment between teacher and board of education—R.C. 3319.08 and 3319.11(B), construed—Torts—Defamation—Public school principal is not a public official for purposes of defamation law.

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

Taxation—Sales and use taxes—Equipment used by beer brewer which prepares bottles and labels for labeling and encodes bottles not exempt from taxation under manufacturing or packaging exemptions.

Appellate procedure—Determining whether a judgment entry is a final appealable order when the clerk of court does not journalize the entry until after the thirty-day period has run as set forth in Sup.R. 7—Municipal corporations—Ordinances—Prosecutor's discriminatory enforcement of Cleveland Codified Ordinance 688.13 against privately owned, for-profit billiard rooms and not against city-owned, public recreation centers violates right to equal protection as guaranteed by the United States and Ohio Constitutions.

Civil procedure—Trials—Options available to trial court when jury's answers to interrogatories are inconsistent with a general verdict reached by the jury—Jurisdiction of court of appeals when trial court sua sponte orders a new trial because jury's answers to interrogatories are inconsistent with the jury's general verdict.

Insurance—Underinsured motorist claim—Motor vehicles—Provisions of R.C. 3937.18 apply to policy of primary insurance that provides coverage for claims of liability arising out of the use of hired or non-owned automobiles, but is not issued for delivery with respect to some particular motor vehicle.

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

Criminal law—Motor vehicles—Traffic offenses—Driving while intoxicated—Administrative license suspension—Reinstatement fee of former R.C. 4511.191(L)(2) does not violate the Double Jeopardy Clause.

Prohibition—Writ to prevent judge of common pleas court from reactivating a case and proceeding to trial—Writ denied, when.

Criminal law—Indictment—Multiple counts—Under R.C. 2941.25(A) analysis, statutorily defined elements of offense claimed to be of similar import are compared in the abstract—Involuntary manslaughter and aggravated robbery are not allied offenses of similar import—R.C. 2941.25(A) and constitutional protections against double jeopardy do not prohibit trial courts from imposing separate sentences for both involuntary manslaughter and aggravated robbery.

Automobile liability insurance—Underinsured motorist coverage—R.C. 3937.18—Scope of coverage of employer's commercial automobile liability policy and umbrella/excess insurance policy for employee killed in accident.

Mandamus directing Ohio Bureau of Workers' Compensation to vacate its order assessing various premiums to Northfield Park Associates and to issue an order recalculating the underlying merit rate—Limited writ ordering bureau to grant, deny, or dismiss the petition and to explain the reasons for the decision affirmed.

Workers' compensation—Disapproval of settlement agreement by Bureau of Workers' Compensation—Bureau required to explain its decision—Bureau's disapproval upheld, when.

Appeal dismissed as improvidently allowed—Court of appeals' opinion ordered not to be published.

Appeal dismissed as improvidently allowed.

On application for reinstatement.

Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Attorneys at law—Misconduct—Six-month suspension—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct adversely reflecting on ability to practice law—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Prejudicing client during course of representation.

On affidavit of resignation and authorization and release pursuant to Gov.Bar.R. V(11)(G)(1).

Elections—Contest of election—Failure to remove name from ballot after candidate withdrew—Claim that validity of election was affected—R.C. 3513.30(E)—Court of common pleas' dismissal of election contest under Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted reversed and cause remanded to that court for further proceedings.

Attorneys at law—Misconduct—Two-year suspension with second year stayed and two years of probation—Failing to represent six clients adequately.

Attorneys at law—Application to take Ohio Bar Examination denied when applicant fails to prove his character and fitness to practice law—Applicant never to be admitted to the practice of law in Ohio—Gov.Bar R. I(12)(C)(6), applied.

Attorneys at law—Misconduct—Eighteen-month suspension with final twelve months stayed—Ten-year delay in processing client's claim against insurance companies which were ready to pay with proper releases.

Workers' compensation—Industrial Commission's denial of application for wage-loss compensation an abuse of discretion, when—Adequacy of claimant's job search—Court of appeals' judgment reversed and cause returned to commission for further consideration and amended order.

Attorneys at law—Resignation with disciplinary action pending—Gov. Bar R. V(11)(G)(3).

Elections—Prohibition—Writ sought to prohibit Greene County Board of Elections from conducting the November 2 election on the referendum issue dealing with the Indian Ridge development plan—Writ denied, when.

Civil procedure—Defendants not sufficiently prejudiced by trial court's instruction on breach of express warranty, so that trial court did not err in denying defendants' motion for a new trial.

Workers' compensation—Mandamus to compel Industrial Commission to grant relator's application for temporary total disability compensation—Denial of writ affirmed.

Taxation—Use tax—Production charge for placing advertising material on shopping carts is taxable—Advertising service charge for placing advertising material on shopping carts is not taxable.

Taxation—Sales and use taxes—Exceptions—R.C. 5739.02(B)(15)—Series of machines in continuous operation which are integral and essential parts of the equipment used in placing juvenile and children's books, cards, and toys into packages are exempt from sales and use taxes.

Mandamus sought to compel Westfield Township Zoning Commission to approve relator's site plan application—Dismissal of complaint affirmed.

Mandamus sought to compel Cuyahoga County Prosecutor's Office to provide relator certain records relating to his concluded criminal trial—Denial of writ affirmed, when.

Prohibition—Writ sought to prohibit common pleas court judge and county prosecuting attorney from conducting a sexual predator classification hearing—Dismissal of complaint affirmed.

Attorneys at law—Misconduct—Reciprocal discipline—Suspension until respondent is reinstated in Arizona—Gov.Bar R. V(11)(F)(4).

Elections—Two-year mayoral residency requirement of Twinsburg Charter—Mandamus sought to compel board of elections to certify candidate's name on ballot—Claim barred by laches—Writ denied.

Attorneys at law—Misconduct—One-year suspension with six months stayed on condition—Failing to maintain identifiable accounts for client funds—Failing to maintain complete records of all client funds and to render appropriate accounts to client upon request—Neglecting an entrusted legal matter—Failing to carry out contract of employment—Failing to cooperate with a disciplinary investigation.

Tort reform—Am.Sub.H.B. No. 350—Appellate procedure—Final appealable orders—Sovereign immunity—Amendment to R.C. 2501.02 and newly enacted R.C. 2744.02(C)—Judgment of court of appeals affirmed on authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward.

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

Workers' compensation–Industrial Commission's denial of application for wage-loss compensation affirmed in part, when–Applicability of Ohio Adm.Code 4125-1-01.

Insurance—Insurer has no duty to defend or indemnify a homeowner/policyholder in a wrongful death lawsuit brought by a noninsured based on the death of an insured, when.

Taxation—Real property valuation of a two-hundred-eighty-eight-unit apartment complex—Reduction in valuation sought by owner—Board of Tax Appeals' adoption of property owner appraiser's valuation reasonable and lawful, when.

Mandamus to compel common pleas court judge to file findings of fact and conclusions of law relating to the denials of relator's postconviction relief petitions—Writ denied, when.

Taxation—Calculating franchise tax base—Net worth method of calculating the base upon which corporate franchise tax is to be assessed under former R.C. 5733.05(A) for tax year 1987—Retirement plan surplus includible in the numerator of the property fraction for franchise tax purposes.

Taxation—Personal property tax on inventory of corporation engaged in the business of selling various items to be used in the installation, operation, and maintenance of greenhouses—Board of Tax Appeals' decision affirming assessments by Tax Commissioner that taxed as personal property certain items of inventory is contrary to law and not supported by the record, when.

Criminal law—Motor vehicles—Traffic offenses—Driving while intoxicated—Administrative license suspension—Reinstatement fee of former R.C. 4511.191(L)(2) does not violate the Double Jeopardy Clause—Court of appeals' judgment affirmed on authority of State v. Uskert.

Mandamus to compel State Personnel Board of Review and Columbiana County Auditor to reinstate relators to their classified employment with the auditor—Writ of prohibition to prevent State Personnel Board of Review from conducting any further proceedings in relators' case—Complaint for writs of mandamus and prohibition dismissed, when.

Prohibition—Writ to prevent judge of common pleas court from further proceedings in two appropriation cases—Complaint dismissed, when.

Judges—Misconduct—Eighteen-month suspension from practice of law with final twelve months stayed—Suspension without pay from position as judge of the Cuyahoga County Court of Common Pleas, Juvenile Division, for six months—Making statements to the media on three separate occasions in violation of the judicial canons and the Disciplinary Rules.

Taxation—Real property valuation of four-story office building—True value—Board of Tax Appeals' valuation of property reasonable and lawful, when.

Petition for writ of habeas corpus seeking release from prison—Petition dismissed, when.

Workers' compensation—Violation of a specific safety requirement alleged—Removal of steel construction—Ohio Adm.Code 4121:1-3-19(H)(2)—Act of cutting steel with a torch does not involve "dropping structural steel."

Mandamus to compel city planning commission to institute an action under city codified ordinances to strike conveyances of land by the county port authority from county records denied, when.

Workers' compensation—Industrial Commission does not abuse its discretion in ordering claimant to submit to a medical examination on the issue of ongoing transcutaneous electrical nerve stimulation treatment, when.

Workers' compensation—Mandamus to compel Industrial Commission to vacate its suspension of relator's workers' compensation claim—Writ denied when relator ignored or failed to cooperate with three scheduled medical examinations.

Attorneys at law—Misconduct—Six-month suspension—Failing to return unearned portion of retainer fee—Failing to cooperate in disciplinary investigation—Failing to register with Clerk of the Supreme Court for the 1997-1999 biennium—Failing to notify Attorney Registration Office of current residence and office addresses.

Attorneys at law—Misconduct—One-year suspension with entire suspension stayed—Commingling own funds with clients' funds.

Taxation—Real property valuation—Court of appeals' decision affirmed on authority of Worthington City School Dist. Bd. of Edn. v. Franklin Cty. Bd. of Revision.

Workers' compensation—Receipt of Social Security Disability benefits does not preclude wage-loss compensation.

Automobile liability insurance—Underinsured motorist coverage—R.C. 3937.18—Court of appeals' judgment reversed on authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co. and trial court's judgment reinstated.

Appeal dismissed as improvidently allowed—Court of appeals' opinion ordered not to be published.

Procedendo—Court of appeals' dismissal of complaint upheld, when.

On application seeking stay of last year of eighteen-month suspension and placement on probation for one year, on conditions - Application granted on the conditions set forth in this court's October 14, 1998 order entered in this case.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Neglecting entrusted legal matters.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of entrusted legal matters—Filing a suit knowing that action would serve merely to harass or maliciously injure another.

Attorneys at law—Misconduct—Eighteen-month suspension with sanction stayed on conditions—Appearing in municipal court representing clients after consuming alcoholic beverages.

Workers' compensation—Industrial Commission does not abuse its discretion in denying claimant's application alleging violations of specific safety requirements, when.

Public Utilities Commission—Commission finds that telephone company's participation in its cable television affiliate's "AmeriCheck" promotional program violates R.C. 4905.23 and 4905.35—Commission order that telephone company discontinue acceptance of AmeriChecks in payment for telephone service is lawful and reasonable.

Municipal corporations—Public utilities—Water and sewer district—Municipality may exercise eminent domain over public utility facilities owned by a regional water and sewer district—Such exercise of eminent domain is constitutional as long as the water and sewer district is not thereby destroyed.

Attorneys at law - Misconduct - One-year suspension with six months of suspension stayed on conditions - Neglecting entrusted legal matters - Failing to seek lawful objectives of clients - Failing to carry out contracts of employment .

Judges—Misconduct—Public reprimand—Violations of former Canons 2(A) and 5(C) of the Code of Judicial Conduct—In disciplinary cases, the Supreme Court renders the final determination of the facts and conclusions of law—In disciplinary proceedings, relator bears the burden of proving the facts necessary to establish a violation.

Attorneys at law—Misconduct—Indefinite suspension—Pattern of neglecting entrusted legal matters—Failure to cooperate in disciplinary investigations.

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.

Insurance—Motor vehicles—Helicopter is not a motor vehicle for purposes of Ohio's uninsured/underinsured motorist coverage—Insurance providers may contractually limit uninsured/underinsured motorist coverage to motorized land vehicles.

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

Taxation—Income tax—Distributive share income nonresident shareholders of an Ohio S corporation receive and report as part of their federal adjusted gross income is subject to Ohio personal income tax.

Execution against property—Foreclosure proceedings—Due process requirements for persons whose property interests are jeopardized by the filing of legal proceedings—Notice by publication only is insufficient to satisfy due process, when—Party to foreclosure proceeding served with process in compliance with the Civil Rules need not be given additional specific notice of the date, time, and place of the sheriff's sale, when.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2745.01 is unconstitutional in its entirety.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when performance of appellate counsel was not deficient.

Mandamus to compel clerk of common pleas court to provide relator with a free copy of his 1974 criminal trial transcript—Complaint dismissed, when.

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

Mandamus to compel Custodian of Records of Mansfield Correctional Institution to correct relator's records in accordance with former R.C. 2929.41(E)(2) and to recalculate his parole eligibility date—Complaint dismissed, when.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Scrapyard's perimeter fencing is a structural enclosure sufficient to classify it as a "workshop" and render Ohio Adm.Code Chapter 4121:1-5 applicable to claimed violations of specific safety requirements.

Mandamus to compel common pleas court to rule on relator's motions in a criminal case—Complaint dismissed, when.

Workers' compensation—Court of appeals' judgment affirmed.

Parole—Revocation—Mandamus to compel Ohio Adult Parole Authority either to conduct a new parole release hearing or release relator on parole—Complaint dismissed, when.

Taxation—Franchise tax—Term "capital gain" as used in R.C. 5733.051(C) and (D) includes recaptured depreciation income attributable to the sale of Ohio assets.

On petition for reinstatement.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed—Practicing law before admission to practice law—Improper notarization of leases.

Attorneys at law—Misconduct—Two-year suspension—Conviction for attempted complicity to tamper with ballots and attempted complicity to falsely register voters—Previous disciplinary action resulting in a six-month suspension.

Attorneys at law—Misconduct—One-year suspension with full credit for time served—Conviction of attempting to evade federal income taxes.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of aggravated murder.

Attorneys at law—Misconduct—Public reprimand—Neglecting an entrusted legal matter—Failing to carry out contract of employment for professional services.

Workers' compensation—Subrogation—Effective date of former R.C. 4123.93 is October 20, 1993.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—Court of appeals' judgment affirmed on authority of Johnson v. BP Chemicals, Inc.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

General Assembly—Legislative lobbying—Criminal law—Failure to comply with registration statement filing requirements of R.C. 101.72 and 101.73—Improper reporting of honoraria by lobbyists—Prosecution for falsification barred by statute of limitations in R.C. 2901.13, when.

On application for reinstatement.

Resignation with disciplinary action pending—Gov.Bar R. V(11)(G)(3).

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Taxation—Real property valuation—Complaint seeking decrease in valuation—Jurisdiction of board of revision to consider complaint.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed—Certification of conflict dismissed as improvidently certified.

Appeal and cross-appeal dismissed as improvidently allowed.

Habeas corpus to compel prison warden to reparole relator after revocation of parole—Petition dismissed, when.

Workers' compensation—Award of permanent total disability compensation by Industrial Commission—Action in mandamus and prohibition by claimant to stop commission from reconsidering claimant's eligibility for permanent total disability compensation—Writs allowed, when.