Slip opinions decided 2000 — Ohio Public Domain Citations

Workers' compensation—Application for temporary total disability compensation allowed—Claim ultimately disallowed in its entirety by common pleas court—Self-insured employer seeks writ of mandamus to compel reimbursement from state Surplus Fund—Writ granted, when.

Securities—Making false representations in regard to registering transactions by description is not the equivalent of making false representations in regard to registering securities by description—Former R.C. 1707.44(B)(1), construed and applied.

Taxation—Real property valuation—True value of apartment development—R.C. 5715.19(G) precludes a property owner from testifying about the terms and conditions of a sale before the Board of Tax Appeals, when.

Unauthorized practice of law—Formal complaint need not be filed by a local bar association for Board of Commissioners on the Unauthorized Practice of Law to issue a subpoena duces tecum in furtherance of its duty to protect the public from the unauthorized practice of law—Respondent found in contempt of Supreme Court of Ohio, when.

Public Utilities Commission—Allegations that rates charged outside the geographical area of a "competitive pilot program" were discriminatory—R.C. 4905.31, 4905.33, and 4905.35 do not prohibit all discrimination—Discounts are permitted based on competition—Commission's dismissal of complaint affirmed.

Workers' compensation—Application for approval of final settlement—R.C. 4123.65, construed and applied—R.C. 4121.121(B) and 4123.65 empower Administrator of Bureau of Workers' Compensation to approve settlement agreement between an employer and employee in a state fund claim.

Contracts—Application of parol evidence rule to contract containing integration clause and involving sale of property consisting of land and an office building—Claims of fraudulent inducement, promissory fraud, breach of contract, and lack of good-faith performance—Judgments of trial court on issues of prejudgment interest and attorney fees upheld, when.

Public records—Mandamus sought to compel city of Columbus et al. to produce police disciplinary records sought by relator newspaper—Motion to intervene as a party respondent filed by police union should have been granted—Use of force reports and citizen complaints are disclosable as public records—Police union cannot bar release of available public records through records retention policy of collective bargaining agreement.

Criminal law—Search and seizure—Drugs—Smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search.

Criminal law—Search and seizure—Drugs—Smell of marijuana alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search—Court of appeals' judgment affirmed on authority of State v. Moore.

Mandamus sought to compel Hamilton County Board of Commissioners and its members to comply with relator's appropriation orders regarding the 1999 and 2000 budgets for the Hamilton County Court of Common Pleas, Probate Division—R.C. 2101.11(B), limiting the Supreme Court's jurisdiction in mandamus, is unconstitutional—Writ granted.

Appellate procedure—Application to reopen appeal from judgment of 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).

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 reversed and State ex rel. Gay relief ordered.

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

Workers' compensation—Court of appeals' judgment affirmed.

Habeas corpus relief sought to compel relator's release from Madison Correctional Institution—Court of appeals' dismissal of petition affirmed.

Habeas corpus relief sought to compel release from Orient Correctional Institution—Court of appeals' dismissal of petition affirmed.

Statutes of limitations—Court of appeals' judgment affirmed on authority of Johnson v. Rhodes.

Mandamus sought to compel common pleas court judge to issue findings of fact and conclusions of law for two rulings denying relator's postconviction petitions—Dismissal of complaint affirmed.

Attorneys at law—Reinstatement to the practice of law.

Criminal law—Multiple aggravated murders—Death penalties upheld, when.

Children—Adoption—Interstate custody dispute—Jurisdiction to make parenting decision relative to child—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—One-year suspension with entire suspension stayed on condition—Failing to carry out contract of employment—Neglect of an entrusted legal matter—Failing to cooperate fully with disciplinary investigation.

Prohibition—Delinquency proceeding in juvenile court closed to the public and news media—No qualified constitutional right of access—Juvenile delinquency proceedings are neither presumed open nor closed—Person seeking closure has burden of proof that closure is warranted—Abuse of discretion shown—Writ granted.

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

Judges—Misconduct—Permanent disbarment—Managing financial affairs for individual not a family member and refusing individual's demands for return of his funds—Engaging in 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—Entering into business transaction with client having differing interests—Prejudicing or damaging client during course of professional relationship—Failing to deposit all client funds in an identifiable bank account in which no funds of lawyer are deposited—Failing to maintain complete records of all property of client in lawyer's possession and render proper accounts when requested—Failing to deliver upon request funds and property of client which client is entitled to receive.

On petition for reinstatement.

On application for termination of probation.

On application for reinstatement.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct–Reciprocal discipline from New Jersey—Permanent disbarment by consent—Gov.Bar R. V(11)(F)(4).

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).

Public employees—Collective bargaining—Arbitrator exceeds his powers in finding for city of Fairborn on performance-appraisal issue, when—R.C. 4117.14(G)(7), applied.

Public welfare—Hospitalization of mentally ill persons—State's interest in protecting its citizens outweighs an involuntarily committed mentally ill patient's interest in refusing antipsychotic medication, when—Physician may order forced medication of an involuntarily committed mentally ill patient with antipsychotic drugs, when—Court may issue an order permitting hospital employees to administer antipsychotic drugs against the wishes of an involuntarily committed mentally ill person, when.

Workers' compensation—Court of appeals' judgment affirmed.

Elections—Prohibition—Writ sought to prohibit Medina County Board of Elections et al. from submitting referendum on Ordinance No. 99-048 to electors at the November 7, 2000 general election—Writ denied, when.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in extending R.C. 4123.522 relief, 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.

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—Aiding a nonlawyer in the unauthorized practice of law—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract for professional services—Prejudicing or damaging client during course of professional relationship—Failing to maintain identifiable bank account in which no funds of lawyer are deposited except funds belonging in part to client and in part potentially to lawyer—Failing to maintain complete records of client funds and property in lawyer's possession—Failing to promptly pay client funds in lawyer's possession that client is entitled to receive.

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

Attorneys at law—Misconduct—Two-year suspension with second year stayed and probation with conditions for the entire two years—Convictions for possession of a controlled substance and operating a motor vehicle while under the influence—Practicing law while not registered with the Clerk of the Supreme Court of Ohio.

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

Criminal procedure—Classification as sexual predator—Trial judge has duty to determine whether defendant is a sexual predator—R.C. 2950.09(C)(2)(a), construed and applied.

Attorneys at law—Misconduct—Reciprocal discipline from Florida—Permanent disbarment—Gov.Bar R. V(11)(F)(4).

Ordinances—Same procedural requirements that must be followed to enact an ordinance must be followed to repeal an ordinance—Mandamus sought to compel city of North Ridgeville et al. to submit Ordinance No. 3543-99 to the electorate by placing it on the November 7, 2000 election ballot—Laches—Relators acted with reasonable diligence, when—Writ granted, when.

Elections—Mandamus sought to compel Lorain County Board of Elections and Columbia Township to place a referendum issue involving a zoning amendment approved by the Columbia Township Board of Trustees on the November 7, 2000 election ballot—Neither R.C. 3501.38(I) nor (K) prohibits the withdrawal of previously filed petitions and the submission of either new petitions or resubmission of combined but unaltered petitions before the filing deadline—Writ granted.

Elections—Mandamus sought to compel Geauga County Board of Elections to certify question B on a local option petition for placement on the November 7, 2000 election ballot—Writ denied, when

Elections—Writ of prohibition sought to prevent submission of Ordinance No. 2000-68 to the Westlake electors at the November 7, 2000 election—Writ denied.

Workers' compensation—Industrial Commission's order fails to cogently explain the evidence and reasoning for granting a violation of a specific safety requirement award—Cause returned to commission to conduct further proceedings and to provide adequate explanation as to why the VSSR award must be granted or denied.

Workers' compensation—Industrial Commission does not abuse its discretion in denying a violation of specific safety requirement application when order is supported by "some evidence"—Ohio Adm.Code 4121:1-5-12(C)(1) requires instruction only on safe machine operation.

Workers' compensation—Motion by employer to retroactively terminate compensation denied by Industrial Commission—Mandamus sought by employer to vacate commission order—Court of appeals' denial of writ on basis that employer had shown none of the conditions necessary to invoke the commission's continuing jurisdiction for reconsideration affirmed.

Workers' compensation—Industrial Commission has authority to terminate wage-loss compensation as long as "some evidence" of record supports that claimant is no longer qualified for compensation as of that date.

Appeal dismissed as improvidently allowed.

Workers' compensation—Although death benefits may be granted or denied based on dependent status as defined in R.C. 4123.59, the denial or grant of benefits is not appealable unless it concerns the causal connection between injury, disease, or death and employment—R.C. 4123.60 dependency issues are not appealable under R.C. 4123.512—Decedent's estate can be entitled to R.C. 4123.60 compensation that accrued but was not paid to the decedent.

Complaint dismissed because issue now moot.

Taxation—Income tax—Apportioning Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund—Approval of alternate formula for apportioning monies in funds—Notice of appeal filed by city of East Liverpool when dissatisfied with amounts it was to receive from these funds—Decision of Board of Tax Appeals affirmed when supported by evidence.

Attorneys at law—Misconduct—Two-year suspension with second year of suspension stayed on condition—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Charging an illegal or clearly excessive fee—Failure to promptly pay or deliver client's funds.

Attorneys at law—Misconduct—Permanent disbarment—Willfully concealing and not accounting to probate court and successor administrator for substantial amount of estate assets in the form of stocks and bank accounts—Failing to cooperate in grievance investigation.

Attorneys at law—Misconduct—Reciprocal discipline from Colorado—Three-year suspension—Gov.Bar R. V(11)(F)(4).

AAttorneys at law—Misconduct—Eighteen-month suspension with entire suspension stayed and attorney placed on probation—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Failing to carry out contract for professional services–Failing to deposit client funds in a separate bank account—Failing to promptly pay client on request funds client is entitled to receive—Failing to maintain complete records of all client funds coming into attorney's possession—Neglecting or refusing to assist or testify in disciplinary investigation.

Attorneys at law—Misconduct—Two-year suspension with eighteen months of suspension stayed on conditions—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to deposit funds of clients in a trust account—Neglecting or refusing to assist or testify in disciplinary investigation.

Attorney at law—Misconduct—Public reprimand—Failing to notify twelve clients of appeal filed by prosecuting attorney and failing to file briefs in those cases—Neglect of an entrusted legal matter—Intentionally failing to seek lawful objectives of client.

Attorneys at law—Misconduct—Indefinite suspension with credit for time served under interim remedial 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—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing—Failing to maintain a respectful attitude toward the court—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Accepting multiple employment where professional judgment on behalf of client will be or is likely to be adversely affected.

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

Attorneys at law—Interim remedial suspension ordered immediately—Gov.Bar R. V(5a)(A)(1)(b).

On application for termination of probation.

On application for reinstatement.

Workers' compensation—Court of appeals' grant of writ of mandamus ordering Industrial Commission to order employer to pay claimant wage-loss compensation calculated on a week-by-week comparison based on its available earnings record affirmed.

Appeal dismissed as improvidently allowed.

Court of appeals' judgment reversed by reason of res judicata.

Workers' compensation—Mandamus sought ordering Industrial Commission to reactivate claimant's C-85-A claim and authorization of treatment—Court of appeals' denial of writ affirmed.

Insurance—Motor vehicles—Uninsured/underinsured motorist coverage—What constitutes an express and knowing rejection of uninsured/underinsured motorist coverage by a corporation on behalf of related corporations and other insureds.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Court of appeals' denial of application affirmed—Application denied when applicant fails to establish a colorable claim of ineffective assistance of counsel on the part of appellate counsel.

Attorneys at law—Misconduct—Indefinite suspension—Failing to cooperate fully with monitor during probation—Neglect of an entrusted legal matter—Engaging in conduct adversely reflecting on fitness to practice law—Failing to seek lawful objectives of client—Damaging client during course of professional relationship—Failing to promptly pay client funds that client is entitled to receive.

Unauthorized practice of law—Individual not licensed to practice law in Ohio prepared and filed a complaint, a motion, and an answer on behalf of three separate clients, and explicitly represented himself as defendant's attorney in one instance in a motion he prepared and subsequently filed to withdraw as counsel—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted legal matter—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Failing to carry out contract for professional services—Prejudicing or damaging client during course of professional relationship—Knowingly making a false statement of law or fact—Failing to cooperate in disciplinary investigation of grievance.

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 cooperate in an investigation of a complaint—Previous stayed six-month suspension.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Knowingly making a false statement of law or fact—Participating in the creation of evidence knowing that the evidence is false—Engaging in illegal conduct involving moral turpitude.

On petition for reinstatement.

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).

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).

Judges—Affidavit of disqualification—Affidavit of disqualification cannot be used after lengthy proceedings have transpired in the underlying case and party seeking disqualification was aware of alleged grounds for disqualification—Waiver of objections—No evidence of bias or prejudice shown.

Judges—Affidavit of disqualification—Underlying case involves Cincinnati Bar Association and a law firm—Allegation that judges' membership in bar association creates a conflict of interest in reviewing the underlying case—Canon 2 does not require disqualification when the judges are not officers or trustees in an organization that frequently appears in adversarial proceedings before them.

On application for reinstatement.

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

Elections—Rezoning of property to Planned Unit Development District placed on November 7, 2000 ballot—Mandamus sought to compel new ballot language—Cause barred by laches, when.

Courts—Vexatious litigator statute—R.C. 2323.52 is constitutional—R.C. 2323.52 grants authority to court of common pleas to order a vexatious litigator to obtain its leave before proceeding in the Court of Claims, a court of common pleas, municipal court, or county court—Court of common pleas has no authority under R.C. 2323.52 to restrict the activities of a vexatious litigator in courts other than those specifically enumerated Ohio trial courts.

Judges—Affidavit of disqualification—Allegation that judge appointed members to defendant county hospital's board of trustees and was the hospital's statutory agent—Judge's appointments are required by statute and are limited—No bias or prejudice shown.

Judges—Affidavit of disqualification—Allegation that judge appointed members to defendant hospital's board of trustees—Judge's appointments are required by statute and are limited—No bias or prejudice shown.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in a pattern of neglect involving multiple clients—Refusing to cooperate in disciplinary investigations.

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

On application for reinstatement.

Municipal corporations—Streets and highways—Impact fee adopted by ordinance that partially funds new roadway projects is constitutional, when.

Criminal law—Bad time added to prison term for violation occurring during course of prisoner's stated prison term—R.C. 2967.11 violates the constitutional doctrine of separation of powers and is therefore unconstitutional.

Criminal law—Bad time added to prison term for violation occurring during course of prisoner's stated prison term—R.C. 2967.11 violates the constitutional doctrine of separation of powers and is therefore unconstitutional.

Elections—Distribution of campaign brochure containing an illustration and text that imply that candidate's opponent committed an illegal act—Ohio Elections Commission may find violation of R.C. 3517.21(B)(10), when.

Criminal law—Bad time added to prison term for violation occurring during course of prisoner's stated prison term—R.C. 2967.11 violates the constitutional doctrine of separation of powers and is therefore unconstitutional.

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

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct that adversely reflects on ability to practice law—Accepting employment when the exercise of professional judgment may be affected by financial, business, or personal interests—Practicing law in violation of the regulations of the profession—Failing to cooperate in the investigation of a disciplinary matter—Failing to register with the Supreme Court.

Attorneys at law—Misconduct—Indefinite suspension—Sharing a legal fee with a nonlawyer—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failure to cooperate in a disciplinary investigation.

Attorneys at law—Resignation from the practice of law.

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed on conditions—Neglecting an entrusted legal matter—Failing to deposit client funds in an identifiable bank account in which funds of the lawyer are not deposited—Failing to promptly pay client funds to which client is entitled.

Wills—Testamentary trust—Determination of testator's intent in distribution of trust corpus from testamentary trust—Probate court's judgment awarding trustee fees and expenses affirmed.

Workers' compensation—Termination of permanent total disability compensation—Where Industrial Commission's decision is supported by some evidence, it cannot be disturbed in mandamus as an abuse of discretion.

Civil rights—Unlawful discriminatory practices—Establishing violation of R.C. 4112.02(A)—Requirements to establish claim of hostile-environment sexual harassment—R.C. 4112.02(A) protects men as well as women from all forms of sex discrimination in the workplace—Harassing conduct that is simply abusive, with no sexual element, can support a claim for hostile-environment sexual harassment, when—Determining whether harassing conduct was "severe or pervasive" enough to affect conditions of plaintiff's employment.

Appeal dismissed as improvidently allowed.

Public employment—In order to negate statutory rights of public employees, a collective bargaining agreement must use language with such specificity as to explicitly demonstrate that the intent of the parties was to preempt statutory rights.

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

Appeal dismissed as improvidently allowed.

Prohibition—Writ sought to prevent common pleas court judge from enforcing relator's conviction of aggravated murder and from sentencing relator to life imprisonment—Dismissal of complaint by court of appeals affirmed.

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)—Court of appeals' rejection of application affirmed.

Appellate procedure—Appeal dismissed when not properly perfected.

Mandamus sought to compel Tuscarawas County Clerk of Courts to refund costs relator paid for filing his motion to dismiss the assessment of court costs arising from a cancelled sexual offender classification hearing—Court of appeals' dismissal of complaint affirmed.

Public records—Mandamus sought to compel director of county crime laboratory to provide relator access to requested records—Court of appeals' denial of writ affirmed.

On petition for reinstatement.

Discrimination—Age-discrimination claim premised on violation described in R.C. Chapter 4112—Statute of limitations period begins to run on date of employee-plaintiff's termination from defendant-employer.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in dishonest and deceitful conduct—Engaging in conduct prejudicial to the administration of justice—Practicing law in a jurisdiction where to do so would be in violation of the regulations of the profession in that jurisdiction—Failing to disclose information required by law to be disclosed—Commingling funds—Improper division of attorney fees—Failing to promptly return unearned fee after withdrawal from employment—Charging a clearly excessive fee—Without solicitation, recommending one's self for employment to a nonlawyer—Harm to a client is not a necessary element of a violation of DR 9-102(A).

Mandamus sought to compel common pleas court judge to enter a judgment on relator's postconviction relief petition—Court of appeals' denial of writ affirmed.

Public records—Mandamus sought to compel city of Upper Arlington to provide relator access to a draft collective bargaining agreement being considered by city council—Requested draft agreement provided to relator—Exception to general mootness rule not established by relator—Attorney fees awarded to relator.

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).

Attorneys at law—Misconduct—Permanent disbarment—Misuse of client funds—Pattern of neglect of client interests—Failure to cooperate in disciplinary investigations—Previous discipline for similar conduct

Attorneys at law—Misconduct—Permanent disbarment—Engaging in 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.

Attorneys at law—Misconduct—Six-month suspension stayed with probation—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—Failing to cooperate in disciplinary investigation.

Municipal corporations—Zoning–Proposed rezoning ordinance adopted by city—Validity of ordinance challenged twice—Civil procedure—Application of doctrine of res judicata.

Civil procedure—Alternate juror dismissed at conclusion of trial accompanies jury into jury room during deliberations and remains there until jury reaches verdict—Trial court does not abuse its discretion when ordering a new trial based on juror misconduct.

Fire safety—Ohio Fire Code—Fire hydrants—Compatibility of fire hose connections with fire hydrants—Word "compatible" in Ohio Adm.Code 1301:7-7-05(B)(6), construed and applied.

Consumer sales practices - Determining who is a "prevailing party" for an award of attorney fees under R.C. 1349.09(F) - Party awarded fees in accordance with R.C. 1345.09(F) is entitled to postjudgment interest in accordance with R.C. 1343.03(A) .

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Public employment—Police officers—Mandamus sought to compel village to pay part-time police officer who worked over forty hours for many of the weeks during period in question additional wages and benefits commensurate with that paid to full-time village police officers—Denial of writ affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Permanent disbarment—Continued pattern of neglect of client matters—Failure to cooperate with disciplinary investigation—Prior disciplinary record.

Appellate procedure—Application for reopening appeal from conviction based on claim of ineffective assistance of appellate counsel—Denial of application for failing to show good cause for filing application more than ninety days after journalization of court of appeals' decision affirming conviction as required by App.R. 26(B)—Judgment of court of appeals affirmed.

Attorneys at law—Misconduct—Two-year suspension with second year of suspension stayed with one-year probation—Engaging, in a professional capacity, in conduct involving discrimination prohibited by law because of race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability—Finding of discrimination by the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, or a state or federal court is not a prerequisite to the Board of Commissioners on Grievances and Discipline finding that an attorney violated DR 1-102(B).

Attorneys at law—Resignation from the practice of law.

Municipal corporations—Ordinances–Impact fees—Court of appeals' judgment reversed and cause remanded for application of Home Builders Assn. of Dayton & the Miami Valley v. Beavercreek.

Attorneys at law—Misconduct—One-year suspension with entire year stayed on condition—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to maintain complete records of all funds, securities, and other properties of a client coming into lawyer's possession and render appropriate account to client—Failing to promptly pay or deliver to client, when requested, funds, securities, or other properties in lawyer's possession that client is entitled to receive.

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

Attorneys at law— Misconduct—Indefinite suspension—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.

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

Workers' compensation—Industrial Commission does not abuse its discretion in denying reactivation of a claim, when—Implicit recognition of a medical condition in State Insurance Fund claims prohibited.

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility.

Municipal corporations—Electric service—Sections 4 and 6 of Article XVIII of the Ohio Constitution preclude a municipality from purchasing electricity solely for the purpose of reselling it to an entity not within the municipality's geographic limits.

Attorneys at law—Where attorney receives physical evidence from a third party relating to a possible crime by client, attorney is obligated to relinquish that evidence to law-enforcement authorities and must comply with a subpoena issued to that effect.

Criminal procedure—Validity of R.C. 2967.28 examined—R.C. 2967.28 does not violate the separation of powers doctrine or Due Process Clauses of the United States and Ohio Constitutions—Trial court must inform defendant at sentencing or at time of plea hearing that post-release control is part of defendant's sentence—Post-release control terminates at end of applicable period set forth in R.C. 2967.28(B)—Time spent in jail as a sanction for a post-release control violation counts toward the cap in R.C. 2967.28(F)(3).

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

Juvenile law—Cocaine abuse—Termination of parental rights—When newborn's toxicology screen yields a positive result for an illegal drug due to prenatal, maternal drug abuse, the newborn is, for purposes of R.C. 2151.031(D), per se an abused child.

Taxation—Franchise tax—R.C. 5733.04(I)(2)(c) violates the Foreign Commerce Clause of the United States Constitution.

Attorneys at law—Misconduct—One-year suspension with six months of sanction stayed—Handling a legal matter without proper preparation—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment for professional services—Prejudicing or damaging client during course of professional representation.

Certification of conflict dismissed as improvidently certified due to want of a conflict.

Appeal dismissed as improvidently allowed.

Mandamus sought to compel Ohio Adult Parole Authority to conduct a new parole revocation hearing—Court of appeals' denial of writ affirmed.

Criminal law—Aggravated murder—Death penalty vacated and cause remanded to trial court for further proceedings when trial court fails to comply with Crim.R. 32(A)(1)—When imposing sentence, trial court must address defendant personally and ask whether he or she wishes to make a statement in his or her own behalf or present any information in mitigation of punishment.

Criminal law—Aggravated murder—Death penalty vacated and cause remanded to trial court for further proceedings when trial court fails to comply with Crim.R. 32(A)(1)—When imposing sentence, trial court must address defendant personally and ask whether he or she wishes to make a statement in his or her own behalf or present any information in mitigation of punishment—Crim.R. 32(A)(1) applies to capital and noncapital cases—When trial court imposes sentence without first asking defendant whether he or she wishes to exercise right of allocution created by Crim.R. 32(A), resentencing is required unless error is invited or harmless error.

Workers' compensation—Denial by Industrial Commission of claimant's motions seeking reinstatement of temporary total disability compensation—Court of appeals' return of cause to commission for further consideration and amended order affirmed.

Workers' compensation—Mandamus sought by self-insured employer to vacate order of Industrial Commission authorizing claimant's spinal surgery and to compel the commission to deny the authorization—Denial of writ affirmed.

Insurance—Ohio public policy permits a party to obtain liability insurance coverage for negligence related to sexual molestation when that party has not committed the act of sexual molestation.

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

Workers' compensation—Termination of temporary total disability benefits—Court of appeals' grant of writ of mandamus ordering Industrial Commission to vacate its order refusing to reinstate temporary total disability benefits to claimant and order to commission for further consideration and a new order affirmed.

Workers' compensation—Scheduled-loss award— Claimant with ankylosed toes is neither automatically guaranteed nor automatically disqualified from an award—Entitlement hinges on total loss of use of affected toe.

Evidence—Prohibitions in Evid.R. 606(B) against receiving evidence from a juror apply to alternate jurors—Evidence received from alternate juror, without other outside evidence, is insufficient aliunde evidence under Evid.R. 606(B) upon which a court may rely in order to conduct inquiry of other jurors into validity of a verdict.

Taxation—Real property valuation—When complaint filed with board of revision pursuant to former R.C. 5715.19(A) is dismissed because it is jurisdictionally defective, a counter-complaint filed pursuant to R.C. 5715.19(B) must also be dismissed.

Civil procedure—Applicability of Civ.R. 53(E) to procedure in forcible entry and detainer actions—Determining in forcible entry and detainer action whether trial court erred when it approved and confirmed a magistrate's decision that was devoid of factual findings.

Attorneys at law—Misconduct—Public reprimand—Causing client to sign blank affidavits and then later completing them in order to file the affidavits in court.

Appellate procedure—Courts of appeals have jurisdiction to review judgments entered by those inferior courts located within the territorial boundaries of their appellate districts.

On application for reinstatement.

On application for reinstatement.

Judges—Affidavit of disqualification—Failure to support allegations with supporting affidavits and documentation—Affidavits demonstrate lack of personal knowledge when based on mere "belief"—Disqualification not required.

Judges—Affidavit of disqualification—Untimely allegation that judge has personal knowledge of disputed evidentiary facts because he presided at case before its appeal to and remand from the court of appeals—Canon 3(E)(1)(a) does not mandate disqualification—No showing that judge will not obey remand order.

Judges—Affidavit of disqualification—Allegation that counsel for plaintiff was judge's campaign manager—Mere fact that one served as member of judge's campaign committee does not, without more, mandate disqualification.

Unauthorized practice of law—Validity of subpoenas issued by the Board of Commissioners on the Unauthorized Practice of Law of the Supreme Court—Respondents' motions to quash subpoenas granted.

Workers' compensation—Industrial Commission does not abuse its discretion in failing to include claimant's form 1999 "miscellaneous income" in the computation of claimant's average weekly wage.

Workers' compensation—Writ of mandamus granted by court of appeals ordering Industrial Commission to issue a new order granting or denying relator's motion to terminate claimant's compensation for temporary total disability affirmed—Commission must consider all allowed conditions in determining extent of claimant's disability—Commission need not consider an allowed condition if it is no longer disabling.

Public records—Trade secrets—Mandamus sought to compel Ohio State University to make available for inspection all records concerning or relating to university's acquisition of Park Medical Center, a private Columbus hospital—Writ granted in part and denied in part.

Workers' compensation—Industrial Commission does not abuse its discretion in denying temporary total disability compensation, when.

Contracts—Hold harmless provision in contract is enforceable if the clause as applied will not result in indemnification of a party's own negligence—R.C. 2305.31, construed and applied.

Civil procedure—Motion for directed verdict—Civ.R. 50—Trial court's denial of defendant's motion for directed verdict upheld, when.

Landlord and tenant—Three-day notice to vacate pursuant to R.C. 1923.04 does not terminate tenant's obligations to pay rent for remainder of term or until a new tenant is secured.

Criminal procedure—Police must strictly comply with established, standardized procedures in administering field sobriety tests—R.C. 2945.72(E) does not extend the time within which a criminal defendant must be brought to trial when the state files additional related charges after the defendant files a pretrial motion.

Public records—State Medical Board of Ohio's investigative records are not public records—Waiver of right to confidentiality—Determining whether State Department of Insurance fraud investigatory records are exempt from disclosure under R.C. 149.43(A)(2).

Mandamus to compel city of Mentor et al. to provide respondents access to certain Mentor Police Department internal affairs investigative reports, and city payroll and overtime records—Writ granted in part and denied in part—Relators entitled to award of attorney fees only insofar as their public records claims had merit.

Taxation—Real property valuation of two-hundred-sixty-four unit and two-hundred-eighty unit apartment complexes—Transfer of property from dissolving partnership to sole remaining partner—Transfer of property from subsidiary corporation to parent corporation—No consideration paid upon transfer—Transactions not considered as a sale of property for valuation purposes.

Prohibition—Writ sought to compel judge of common pleas court to vacate relator's convictions and sentence—Dismissal of complaint by court of appeals affirmed.

Mandamus sought to compel clerk of common pleas court to serve relator notice of a journal entry of the dismissal of his petition for postconviction relief—Denial of writ by court of appeals affirmed.

Attorneys at law—Misconduct—Public reprimand—Engaging out-of-state attorney and failing to disclose attorney's limited authority in Ohio to clients.

Attorneys at law—Misconduct—Public reprimand—While appearing in a professional capacity, engaging in undignified or discourteous conduct that is degrading to a tribunal.

Attorneys at law—Application to take Ohio Bar Examination disapproved when applicant fails to prove he possesses the requisite character, fitness, and moral qualifications for admission to the practice of law—Applicant may submit new application to register as a candidate for admission to the bar and an application to take bar examination in July 2001.

Prohibition—Writ sought to compel common pleas court judge to vacate fines assessed as part of relator's criminal convictions and sentence, and to return $4,774 to relator—Dismissal of complaint by court of appeals affirmed.

Petroleum underground storage tanks—Petroleum Underground Storage Tank Financial Assurance Fund—Ohio Adm.Code 3737-1-07(A)(1) is a necessary and appropriate rule for the administration of the Fund.

Criminal procedure—Prosecution for unlawful possession of dangerous ordnance in violation of R.C. 2923.17—State not required to prove that defendant knows of the specific characteristics of the weapon or item possessed that bring it within the statutory definition of "dangerous ordnance."

Judgment of court of appeals affirmed.

Judges—Misconduct—Six-month stayed suspension—Judicial candidate fails to maintain the dignity appropriate to judicial office—Failing to have campaign committee file required contribution and expenditure statements with clerk of court—Knowingly or with reckless regard publishing information concerning an opponent that would be deceiving or misleading to a reasonable person.

On motion for reconsideration and clarification—Motion granted as reflected in this entry.

Torts—Negligence—Child born with physical or other handicaps does not state a cause of action in medical negligence based upon the failure of a doctor to inform the child's mother during pregnancy of test results indicating a possibility that the child would be born with defects.

Criminal law—Nonsupport of dependents—R.C. 2919.21, construed and applied.

Torts—Negligence—Medical expenses and emotional distress damages associated with a child's birth defect are not recoverable in a wrongful pregnancy action, when.

Juvenile court—Dependent and/or neglected children—Evidence—In the absence of a specific statutory waiver or exception, the testimonial privileges established under R.C. 2317.02(B)(1), 4732.19, and 2317.02(G) are applicable to communications made by a parent in the course of treatment ordered as part of a reunification plan in an action for dependency and neglect.

Statutes of limitations—Limitations period provided in R.C. 2305.10 is tolled when an individual temporarily leaves the state of Ohio for non-business reasons.

Criminal procedure—R.C. 2967.28—Post-release control—Court of appeals' judgment reversed on authority of Woods v. Telb and cause remanded for judgment consistent with Woods.

Petition for writ of habeas corpus dismissed on authority of Woods v. Telb and for failure to comply with R.C. 2725.04.

Complaint for writ of prohibition dismissed on authority of Woods v. Telb and because petitioner has or had an adequate remedy by the filing of a motion for leave to file a delayed appeal.

Attorneys at law—Resignation from the practice of law.

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

Attorneys at law—Misconduct—Reciprocal discipline—Suspension for two years and until respondent is reinstated in Kentucky–Gov.Bar R. V(11)(F)(4).

Criminal procedure—R.C. 2967.28—Post-release control—Court of appeals' judgment reversed on authority of Woods v. Telb and cause remanded for judgment consistent with Woods.

Criminal procedure—R.C. 2967.28—Post-release control—Court of appeals' judgment reversed on authority of Woods v. Telb, cause remanded to trial court for judgment consistent with Woods, and defendant's conviction for escape reinstated.

Petition for writ of habeas corpus dismissed on authority of Woods v. Telb and because petitioner has or had an adequate remedy by the filing of a motion for leave to file a delayed appeal.

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

Schools—Salary of long-term substitute teacher—R.C. 3319.10, construed—Court of appeals' denial of writ of mandamus compelling board of education to provide relator with all the benefits and privileges provided by R.C. 3319.10 affirmed, when.

Mandamus to compel Ohio Adult Parole Authority to vacate and set aside its finding that relator is a parole violator and to order his release from prison on the terms of his original parole—Court of appeals' denial of writ affirmed.

Prohibition - Writ prohibiting judge of common pleas court from holding a contempt hearing and from ordering State Fire Marshal to issue a fireworks license - Mandamus to compel judge to issue a stay .

Parole—Revocation—Mandamus to compel Ohio Adult Parole Authority Chairperson to provide relator with an earlier parole hearing than one continued until year 2001—Denial of writ affirmed.

Appeal dismissed as improvidently allowed.

On petition for reinstatement.

On application for reinstatement and termination of probation.

Unauthorized practice of law—Individual admitted to practice law in Pennsylvania but not authorized to practice law in Ohio acted as legal counsel for clients in Ohio on personal injury matters, including entering into contingency fee agreements with them, negotiating on their behalf with insurance companies, and agreeing to settlements for them—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct–Permanent disbarment—Borrowing money from a guardianship and lending it to another client without probate court permission—Filing false reports with probate court.

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

Appeal dismissed as improvidently allowed.

Workers' compensation—Mandamus sought ordering Industrial Commission to vacate its denial of claimant's application for wage-loss compensation—Court of appeals' judgment affirmed in part and reversed in part.

Municipal corporations—Zoning–Reinstatement of trial court's judgment declaring unconstitutional Mayfield Heights' U-2-A (cluster single-family) zoning classification of an undeveloped 22.6-acre parcel of land.

Appeal dismissed as improvidently allowed—Certification of conflict dismissed as improvidently certified—Court of appeals' opinion vacated for lack of a final appealable order.

Appeal dismissed as improvidently allowed—Certification of conflict dismissed as improvidently certified—Court of appeals' opinion vacated for lack of a final appealable order.

Motion for reconsideration granted on Proposition of Law No. II—Court of appeals' judgment reversed on authority of State v. Dye.

Motor vehicles—Insurance—Phrase "due by law" in policy regarding uninsured and underinsured motorist coverage is ambiguous and susceptible of more than one interpretation—Ambiguity in contract language must be construed strictly against the insurer and liberally in favor of the insured.

Workers' compensation—Application for temporary total disability compensation—Industrial Commission does not abuse its discretion in awarding temporary total disability compensation when the order is based on "some evidence."

Automobile liability insurance—Uninsured motorist coverage—R.C. 3937.18(A)(1), as amended by Am.Sub.S.B. No. 20, construed.

Municipal corporations—Public debt—Section 13, Article VIII, Ohio Constitution—When city contributes to payment for and financing of residential subdivision development project, it violates Section 6, Article VIII, Ohio Constitution.

Criminal law—Offenses against the family—Nonsupport of dependents—Act of failing to provide child support occurs in at least two venues—R.C. 2919.21(A)(2), construed.

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

Workers' compensation—Court of appeals' denial of writ of mandamus ordering Industrial Commission to vacate its order denying relator's election for impaired earning capacity compensation under former R.C. 4123.57(A) affirmed.

Civil procedure—Workers' compensation—Civ.R. 53(E)(3), applied—Court of appeals' denial of writ of mandamus affirmed.

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment.

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

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

Workers' compensation—Application for further temporary total disability compensation denied by Industrial Commission—Claimant's illegal drug use in violation of employer's written company policy constitutes a voluntary termination of employment rendering claimant ineligible to receive temporary total disability compensation—Court of appeals' judgment denying writ of mandamus affirmed.

Attorney General joined as respondent sua sponte—Civ.R. 21.

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

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

Nuisances—Limitation of criminal prosecution—Where one creates a "nuisance" as defined in R.C. 3767.13(C), the nuisance constitutes a continuing course of conduct tolling the limitations period pursuant to R.C. 2901.13(D), when.

Municipal corporations—Annexation—Enactment of emergency legislation accepting an application for annexation of real estate is not prohibited by R.C. 709.10 or Section 1f, Article II of the Ohio Constitution—Emergency legislation adopted by municipality not subject to referendum.

Judges—Affidavit of disqualification—Judge's courtroom demeanor and conduct imply a "hostile feeling or spirit of ill-will"—Judges have ethical obligation to conduct themselves in a courteous and dignified manner that does not convey the appearance of bias or prejudice towards litigants or their attorneys—Disqualification ordered.

Complaint dismissed because issue now moot.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to demonstrate that appellate counsel performed in a deficient manner or that any alleged deficiency prejudiced the outcome of the appeal.

Public records—Mandamus to compel Ohio Environmental Protection Agency to provide relator access to commercial hazardous-waste landfill company's complete, unredacted internal, informal record that provides a comprehensive list of the company's current solid and hazardous-waste customers and their specific relation to the company's treatment of waste—Trade secrets—Writ and request for attorney fees denied.

Attorneys at law—Misconduct—Six-month suspension stayed—Execution of contingent-fee agreements resulting in excessive fees.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in illegal conduct involving moral turpitude—Engaging in conduct adversely reflecting on fitness to practice law—Advancing financial assistance to a client—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice.

Mandamus to compel common pleas court to rule on relator's motion to correct his trial proceedings record—Denial of writ affirmed.

Unauthorized practice of law—Individual not an attorney licensed to practice law in Ohio filed an action seeking a declaratory judgment in the Common Pleas Court of Summit County on behalf of an organization known as the "Committee for Judicial Review"—Any and all activities that constitute the practice of law ordered to be discontinued.

Unauthorized practice of law—Individual not licensed to practice law in Ohio represented others and communicated on their behalf to adverse parties about settlements of causes of action–Engagement in the unauthorized practice of law enjoined.

Unauthorized practice of law—Individual not authorized to practice law in Ohio gave legal advice and prepared and filed complaints for others in an Ohio court—Engagement in the unauthorized practice of law enjoined.

Mandamus to compel respondent to provide relator certain information and records relating to his criminal proceedings—Denial of writ affirmed.

Attorneys at law—Application to take Ohio Bar Examination denied when applicant has not met his burden of proving his present fitness to practice law in Ohio—Applicant prohibited from applying for any bar examination earlier than the February 2001 bar examination.

Attorneys at law—Misconduct—Remainder of existing six-month, nonstayed suspension from previous disciplinary case to be served, then followed by indefinite suspension–Engaging in a course of conduct involving several clients over a significant period of time in which forged signatures of those clients were notarized.

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

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

Elections—Candidacy for county sheriff invalidated by board of elections—Candidate did not have credentials required by R.C. 311.01(B)(9)—Board did not abuse its discretion—Writ denied.

Elections—Candidate for county sheriff—R.C. 311.01(B)(9)(a) requires supervisory experience as peace officer at rank of corporal or above—Previous expedited election case dismissed for want of prosecution—Subsequent action barred by res judicata and lache—S.Ct.Prac.R. X(9) and X(11).

Workers' compensation—Alleged violation of specific safety requirement concerning suspension straps—Ohio Adm.Code 4121:1-3-08(G)—Writ of mandamus vacating Industrial Commission's award of violation of a specific safety requirement granted, when.

Criminal law—Indictment for conspiracy to commit aggravated trafficking pursuant to R.C. 2923.01 must allege some specific, substantial, overt act performed in furtherance of the conspiracy.

On application for reinstatement.

Workers' compensation—R.C. 4123.65 requirement that settlements of workers' compensation claims against self-insured employers be in writing and not be effective for thirty days after signing applies to claims on appeal to a common pleas court under R.C. 4123.512 as well as to claims still at the administrative level.

Criminal law—When sentencing judge acknowledges consulting a religious text during deliberations and quotes a portion of that text on the record in the sentencing proceeding, such conduct is not per se impermissible and does not violate the offender's right to due process, when.

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

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers compensation—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 affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Trusts—Charitable trust created to promote and fund educational projects involving the Union of Soviet Socialist Republics—Soviet Union subsequently dissolved—Mandamus to compel Attorney General to bring an action to define other beneficiaries of the trust—Denial of writ affirmed.

Mandamus to compel common pleas court judge to vacate relator's convictions and sentence for failure to comply with jury-waiver requirements of R.C. 2945.05—Court of appeals' grant of motion for summary judgment affirmed.

Mandamus to compel Hamilton County Board of Elections and its members to certify relator as the Democratic candidate for Hamilton County Sheriff on the March 7 primary election ballot and for a judgment declaring R.C. 311.01(B)(9) unconstitutional—Writ denied.

On application for reinstatement.

Attorneys at law - On application for reinstatement - Gov.Bar R. V(10)(A) - Respondent reinstated.

Appeal dismissed as improvidently allowed.

Insurance—Motor vehicles—Policy period for liability insurance—R.C. 3937.31(A), construed and applied.

Appeal dismissed as improvidently allowed.

Complaint for writ of mandamus dismissed.

Elections—Contest of election—Failure to remove name from ballot after candidate withdrew—Claim that validity of election was affected—Board of elections did not abuse its broad discretion in not removing candidate's name from the ballots and did not violate R.C. 3513.30(E), when—Court of common pleas' judgment affirmed.

Workers' compensation—Court of appeals' grant of writ of mandamus ordering Industrial Commission to vacate its order and to recalculate claimant's wage loss based upon the difference between claimant's actual weekly earnings and the full weekly wage or average weekly wage affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in refusing to relitigate the merits of claimant's average weekly wage calculation, when.

Workers' compensation—Court of appeals' denial of writ of mandamus ordering Industrial Commission to vacate its decisions that denied relator's motion for relief under R.C. 4123.522 affirmed.

Workers' compensation—Court of appeals' denial of writ of mandamus requiring Industrial Commission to vacate its order denying relator's election to receive impaired earning capacity compensation pursuant to former R.C. 4123.57(A) affirmed.

Insurance—Environmental claims—Notice to insurer of accident or suit—"As soon as practicable," construed.

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

Public employment—Police officer who is subject of a police department internal affairs investigation and is compelled to appear before a superior officer for the purpose of answering questions during the course of the investigation shall be permitted to be accompanied, represented, and advised by an attorney—R.C. 9.84, applied.

Attorneys at law—Misconduct—Permanent disbarment—Reciprocal discipline.

Attorneys at law—Misconduct—Six-month suspension—Entering into a business relationship with client when attorney and client have differing interests.

Court of appeals' dismissal of relator's complaint for extraordinary relief in mandamus, prohibition, and procedendo affirmed—Sanctions imposed for frivolous appeal pursuant to S.Ct.Prac.R. XIV(5).

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Aiding a nonlawyer in the practice of law—Concealing or knowingly failing to disclose that which is required by law to be revealed.

Attorneys at law—Misconduct—Permanent disbarment—Continuing course of misconduct and multiple felony convictions.

Attorneys at law—Misconduct—One-year suspension stayed—Violating a Disciplinary Rule—Engaging in conduct adversely reflecting on ability to practice law—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to withdraw from employment when continued employment will violate a Disciplinary Rule—Neglecting an entrusted legal matter—Failing to carry out contract of employment for professional services—Failing to promptly pay or deliver to client property or funds to which client is entitled.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of State v. Calhoun.

Judges—Misconduct—Six-month suspension stayed—Conviction of coercion—Acting in a manner that does not promote public confidence in the integrity and impartiality of the judiciary—Misusing authority of judicial office to achieve personal goal of reprimanding persons believed guilty of reckless driving—Canon 2.

Judges—Misconduct—Public reprimand—Failing to avoid impropriety and the appearance of impropriety in all activities—Canon 4.

Torts—Wrongful death action against hospital—Applicability of loss-of-chance doctrine where plaintiff proves a direct causal relationship between decedent's death and a specific negligent act.

Taxation—Sales tax—Purchase of temporary employment services not excepted from sales tax under the resale exception set forth in R.C. 5739.01(E)(1) or manufacturing exception contained in R.C. 5739.01(E)(9).

Insurance—Motor vehicles—Insurance policy provides uninsured/underinsured motorist coverage by operation of law, when—R.C. 3937.18, applied.

Public records—Personal information of private citizens, obtained by a "public office," reduced to writing and placed in record form and used by the public office in implementing some lawful regulatory policy, is not a "public record" as contemplated by R.C. 149.43.

Schools—Teachers—Arbitration—Court of appeals' judgment reversed and trial court's judgment reinstated on authority of Findlay City School Dist. Bd. of Edn. v. Findlay Edn. Assn.

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Failing to carry out employment contract.

Attorneys at law—Misconduct—Six-month suspension stayed with one-year probation—Failing to disclose in solicitation letter the potential liability of contingent-fee clients for costs and expenses of their cases.

Attorneys at law—Misconduct—Indefinite suspension—Misappropriation of client funds.

Landlords and tenants—Security deposits—Attorney fee awards made pursuant to R.C. 5321.16(C) are to be assessed as costs and not awarded as damages.

Attorneys at law—Misconduct—Public reprimand—Knowingly advancing a claim unwarranted under existing law.

Attorneys at law—Resignation from the practice of law.

Attorney at law—Misconduct—Permanent disbarment—Engaging in a pattern of neglect with respect to client matters that caused potentially serious harm to clients—Accepting retainer and not refunding the unearned portions upon request—Receiving records and not returning them upon request.

Criminal procedure—Notice requirement for sexual offender classification hearings under R.C. 2950.09(B)(1) is mandatory.

Appeal dismissed as improvidently allowed because issues now moot.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance - Uninsured/underinsured motorist coverage - Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Motions for clarification—Reconsideration granted sua sponte—Motion for stay denied.

On application for reinstatement.

Workers' compensation—Denial of claimant's application for permanent total disability compensation—Absence of an age discussion in Industrial Commission's order not a fatal flaw—Commission not required to list all evidence considered—Court of appeals' denial of writ of mandamus affirmed.

Workers' compensation—Industrial Commission's denial of payment for claimant's surgery an abuse of discretion—Gay relief ordered.

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

Workers' compensation—Industrial Commission's denial of temporary total disability compensation for an interim period an abuse of discretion when evidence pivotal to claimant's success or failure has been overlooked.

Workers' compensation—Court of appeals' grant of writ of mandamus ordering Industrial Commission to vacate its order denying relator temporary total disability compensation and to issue an order granting the compensation affirmed.

Workers' compensation—Claimant fails to appeal Bureau of Workers' Compensation denial of his claim within fourteen days—Complaint in mandamus filed alleging that the Industrial Commission abused its discretion in refusing to grant claimant relief pursuant to R.C. 4123.522—Denial of writ affirmed.

Public employment—Deemed certified employee representative and an employer may resolve disputes concerning bargaining unit composition through their collective bargaining agreement's grievance procedure.

On application for termination of probation.

Workers' compensation—R.C. 4123.741 extends immunity to a coemployee, when.

Criminal law—R.C. 2935.26—Issuance of citation for minor misdemeanor—Full custodial arrest for minor misdemeanor offense violates Fourth Amendment to United States Constitution and Section 14, Article I of the Ohio Constitution—Evidence obtained incident to such an arrest is subject to suppression.

Parent and child—Child support—Disabled parent entitled to a full credit in his or her child support obligation for Social Security payments received by minor child due to the parent's disability.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Prohibition—Writ sought to prohibit Cuyahoga County common pleas court judge from asserting further jurisdiction with respect to an amended complaint against relator concerning relator's electric rates and charges in common pleas court case No. 367179—Writ granted, when.

Habeas corpus sought to compel prison warden to release relator from prison—Dismissal of petition affirmed.

Habeas corpus sought to compel Marion Prison Warden to release relator from prison—Dismissal of petition affirmed.

On application for reinstatement.

Public records—Mandamus sought to compel respondents to copy and mail to relator certain records he had requested relating to his criminal case—Dismissal of complaints affirmed.

Workers' compensation—Mandamus to compel Industrial Commission and Ohio Bureau of Workers' Compensation to grant reimbursement from the statutory Surplus Fund for payments of temporary total disability compensation made by relator to a claimant—Denial of writ affirmed.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Taxation—True value of personal property—Application of 302 Computation in depreciating soup plant machinery and equipment and juice plant machinery and equipment.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of Appeals' judgment vacated and cause remand to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Civil procedure—Civ.R. 23—Class actions—Class action treatment appropriate, when—Court of appeals' judgment reversing trial court's order granting certification of a class action to challenge certain practices with regard to the sale of uninsured/underinsured motorist coverage reversed.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Appeal dismissed as improvidently allowed.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Court of appeals' judgment reversed on authority of Bays v. Shenango Co.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Landlords and tenants—Landlord's violation of duties imposed by R.C. 5321.04(A)(1) or 5321.04(A)(2) constitutes negligence per se—Landlord excused from liability under either section, when.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Workers' compensation—Court of appeals' judgment affirmed.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

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

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 granted.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Appeal dismissed as improvidently allowed.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Automobile liability insurance—Uninsured/underinsured motorist coverage—Court of appeals' judgment vacated and cause remanded to trial court.

Public Utilities Commission—Telephone companies—Intrastate switched access charges—Commission order affirmed, when.

Public Utilities Commission—Telephone companies—Intrastate switched access charges—Commission order affirmed, when.

Workers' compensation—Industrial Commission's denial of change of election by claimant not an abuse of discretion, when.

Criminal law—Conspiracy charge need not include the specific controlled substance involved in the underlying offense—Party seeking to suppress evidence allegedly obtained in violation of R.C. 2933.52(A)(1) bears the burden of proof on that issue.

Taxation—Conveyors and material-handling equipment, installed in distribution centers of retailer of apparel and personal care products, are subject to sales tax.

Criminal procedure—Sex offender registration—R.C. Chapter 2950 does not violate constitutional rights guaranteed by the Double Jeopardy, Bill of Attainder, and Equal Protection Clauses of the United States and Ohio Constitutions—R.C. Chapter 2950 does not violate rights enumerated in Section 1, Article I of the Ohio Constitution.

Taxation—Real property valuation—Complaint challenging property's valuation filed by property owner's nephew—Non-attorney operating under a power of attorney—Remand of case by Board of Tax Appeals directing board of revision to dismiss the complaint affirmed.

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—Denial of writ and attorney fees affirmed.

Civil procedure—Judgments of court of appeals affirmed to the extent they vacated default judgments and causes remanded to trial court for further proceedings in accordance with R.C. 2721.12 and Cicco v. Stockmaster.

Declaratory judgments—Parties—Party challenging constitutionality of a statute must assert the claim in the complaint and must serve the pleading upon the Attorney General in accordance with the methods set forth in Civ.R. 41 in order to vest a trial court with jurisdiction under former R.C. 2721.12.

Civil rights—Standard under Section 7, Article I of the Ohio Constitution for reviewing a generally applicable religion-neutral state regulation that allegedly violates a person's right to free exercise of religion—Hair length of Native American corrections officer—Least restrictive means of furthering state's compelling interest not shown.

Juvenile court—Transfer of case for criminal prosecution—R.C. 2151.26(B)(4)(b) applies, when—Complicity statute, R.C. 2923.03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.

Constitutional law—Education—Schools—Defendants provided with more time to comply with Section 2, Article VI of the Ohio Constitution—Supreme Court declines to appoint special master to oversee state's further efforts to comply with Section 2, Article VI—Supreme Court maintains continuing jurisdiction with matter continued to June 15, 2001.

Criminal procedure—Sex offender registration—Disposition of causes on authority of State v. Williams.

Civil procedure—Party challenging constitutionality of statute must assert claim in complaint (or other initial pleading) or an amendment thereto, and must serve Attorney General pursuant to Civ.R. 4.1 in order to vest jurisdiction under R.C. 2721.12—Judgment of court of appeals vacated and judgment of trial court reinstated to the extent that it decided issues other than constitutional questions–Cicco v. Stockmaster.

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

Attorneys at law—Misconduct—One-year suspension stayed, with probation and monitoring—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to act competently in a legal matter.

Certification of conflict dismissed as improvidently certified due to want of a conflict.

Motion for reconsideration granted—Discretionary appeal allowed—Court of appeals' judgment vacated and cause remanded to trial court for further proceedings consistent with Wolfe v. Wolfe.

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

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed—Knowingly making a false statement of law or fact—Counseling or assisting client in conduct lawyer knows to be illegal or fraudulent—Concealing or knowingly failing to disclose that which a lawyer is required by law to reveal—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in illegal conduct involving moral turpitude—Violating the Discipline Rules.

Attorneys at law—Misconduct—Public reprimand—Dividing a fee for legal services with another lawyer without prior consent of client.

Attorneys at law—Misconduct—Six-month suspension with full credit for time served under interim suspension—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct that adversely reflects on fitness to practice law.

Criminal law—Aggravated murder—Death penalty upheld, when—Evidence—Hearsay statements deemed sufficiently reliable to allow their admission into evidence without benefit of cross-examination, when—Accomplice's confession that inculpates a criminal defendant is not within a firmly rooted exception to the hearsay rule—Out-of-court statements made by an accomplice that incriminate the defendant may be admitted as evidence, when.

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

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

Uniform Transfer-on-Death Security Registration Act—R.C. 1709.09(A) and 1709.11(D) as applied to pay-on-death beneficiary designation in an Individual Retirement Account created prior to the Act's effective date do not violate prohibition against retroactive laws in Ohio Constitution—Requirements for claim of substantive retroactivity of statute.

Taxation–Real property valuation–Board of revision does not have authority to vacate a void decision after the appeal time has expired.

Civil procedure—Trials—Verdicts—Trial judge's instructions to the jury regarding resolution of the inconsistencies between the interrogatory answers and general verdicts do not constitute plain error, when.

Appeal dismissed as improvidently allowed.

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—Corporation that purchases the foreclosed assets of another corporation through an intermediary bank may not be held liable for the outstanding workers' compensation claims costs incurred during the predecessor's participation in a retrospective-rating plan.

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

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

Municipal corporations—Political subdivision tort liability—Nuisance—Political subdivision can be held liable under R.C. 2744.02(B)(3) for injuries that result when a tree limb falls upon a public road from adjacent land that is also within the political subdivision's control.

Civil procedure—Trial court prematurely grants a Civ.R. 37 motion for sanctions, when.

Townships—Zoning—Telecommunications towers—Site zoned "E Retail Business District" is not "an area zoned for residential use" subject to township zoning regulation of telecommunications towers under R.C. 519.211(B)(1)(c), even though some residential uses are permitted in that business district.

Court of Appeals' judgment reversed and cause remanded on authority of Symmes Twp. Bd. of Trustees v. Smyth.

Criminal law—Aggravated burglary—R.C. 2911.11—A defendant may form the purpose to commit a criminal offense at any point during the course of a trespass.

Court of appeals' judgment reversed and cause remanded on authority of State ex rel. Clark v. Greater Cleveland Regional Transit Auth.

Criminal law—Postconviction remedies—Under R.C. 2953.36, a defendant who is ineligible for probation pursuant to R.C. 2951.02 is ineligible to have his record sealed—When considering whether applicant is ineligible to have conviction record sealed under R.C. 2953.36, trial judge must examine entire record to determine whether applicant was armed with a firearm or dangerous ordnance.

Attorneys at law—Misconduct—Two-year suspension with second year stayed—Failure to deposit client funds into an identifiable bank account—Failure to maintain records of funds and render appropriate accounts—Failure to promptly pay funds that client is entitled to receive—Neglect of an entrusted legal matter—Failure to seek lawful objectives of client—Failure to carry out contract of employment—Prejudicing or damaging client—Concealing or knowingly failing to disclose what attorney is required by law to reveal—Disregarding a standing rule of a tribunal—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct adversely reflecting on fitness to practice law—Using firm name containing name of one not a member of the firm—Holding oneself out as having a partnership with one who is not a partner.

Prohibition—Writ prohibiting judge of common pleas court from exercising judicial authority by accepting relator's guilty plea and pronouncing sentence—Dismissal of complaint affirmed.

Public employment—Quo warranto to oust respondent from office of village of Agler Clerk-Treasurer and to declare that relator is entitled to the office—Limited writ to oust respondent granted but appointment to office denied.

Mandamus to compel common pleas court judge to grant relator's motion for a free trial transcript—Denial of writ affirmed.

Attorneys at law—Misconduct—Public reprimand—Failure to cooperate in discipline investigation.

Medical malpractice—Where party complies with R.C. 2305.11(B)(1) and sends multiple written notices of intent to sue prior to the expiration of the one-year statute of limitations set forth in R.C. 2305.11(B)(1), the one-hundred-eighty-day period begins to run from the date the last notice is received by the potential defendants.

Physicians—Torts—Medical malpractice—Jury instructions—"Different methods" charge to jury appropriate, when.

Workers' compensation—Permanent partial and permanent total disability compensation cannot be concurrently paid for the same conditions.

Workers' compensation—Denial of application for temporary total disability compensation by Industrial Commission not an abuse of discretion, when—Claimant who chooses to leave former position of employment for reasons unrelated to the industrial injury forfeits temporary total disability compensation eligibility.

Torts—Political subdivision tort liability—County agricultural society is a political subdivision pursuant to R.C. 2744.01(F)—Conducting livestock competition at county fair by county agricultural society is a proprietary function pursuant to R.C. Chapter 2744.

Workers' compensation—Court of appeals' judgment reversed on authority of State ex rel. Baker v. Indus. Comm.—Writ of mandamus allowed.

Municipal corporations—Zoning—Political signs—Court of appeals' judgment finding Section 1135.02(d) of the Codified Ordinances of Painesville unconstitutional affirmed.

Workers' compensation—Former R.C. 4123.57 required claimants to elect between division (A) compensation, impaired earning capacity compensation, and division (B) compensation, permanent partial disability compensation—Court of appeals' judgment denying writ of mandamus to vacate Industrial Commission's order denying a change of election affirmed.

Attorneys at law—Misconduct—Charges against attorney dismissed when relator fails to prove alleged disciplinary violations by clear and convincing evidence.

Criminal law—Court of appeals' judgment affirmed on other grounds on authority of State ex rel. Bray v. Russell.

Municipal corporations—Zoning—Conversion of portion of former convent into apartments for homeless women and their children—Accessory use permit granted by board of zoning appeals—Trial court's affirmance of board's grant of accessory use permit reinstated.