Slip opinions decided 2001 — Ohio Public Domain Citations

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Motion filed by claimant seeking reinstatement of temporary total disability compensation based on claim of depression resulting from allowed conditions—Denial of motion by Industrial Commission an abuse of discretion, when.

Criminal law—Sufficient evidence of anal intercourse, for purposes of the crime of anal rape under R.C. 2907.02, is present, when.

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

Taxation—Real property valuation—Exemptions—Board of Tax Appeals' determination that property was exempt as public property reversed when title to property was not vested directly in state or one of its subdivisions or by some person holding exclusively for the benefit of the state.

Criminal procedure—R.C. 2945.38, as amended by Am.Sub.S.B. No. 285, is unconstitutional—Statutes—When court strikes down statute as unconstitutional, and offending statute replaced an existing law that had been repealed in same bill that enacted the offending statute, the repeal is also invalid unless it clearly appears that General Assembly meant the repeal to have effect even if the offending statute had never been passed.

Criminal law—Claim of ineffective assistance of counsel for failure to file a motion to suppress—Court of appeals' judgment reversed and cause remanded on authority of State v. Lott.

Habeas corpus sought to compel relator's release from Ross County Jail—Court of appeals' grant of writ reversed and cause remanded for judgment consistent with Woods v. Telb.

Habeas corpus sought to compel warden to release relator from prison–Court of appeals' dismissal of petition affirmed–Res judicata bars relator from filing successive habeas corpus petitions.

Attorneys at law—Misconduct–Indefinite suspension—Engaging in illegal conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Neglecting an entrusted legal matter—Failing to promptly pay all funds that client is entitled to receive—Failing to cooperate with disciplinary investigation.

Workers' compensation—Court of appeals' judgment affirmed

Workers' compensation—Industrial Commission does not abuse its discretion when its decision denying a violation of a specific safety requirement claim is supported by "some evidence"—Finding of specific-safety-requirement inapplicability upheld.

Taxation—Personal property valuation—Fuel companies' lease of nuclear fuel rods to public utilities—Fuel companies for personal property tax valuation purposes can exclude the amounts they have capitalized on their books for the cost of funds borrowed to construct fuel rods.

Courts—Jurisdiction—Contempt—Dismissal of an underlying civil action does not divest a court of common pleas of jurisdiction to conduct criminal contempt proceedings.

Taxation–Real property valuation—Five parcels of real property that contain multiple old buildings that are occupied only on the ground floor level–Decision of Board of Tax Appeals reversed and cause remanded to Board of Tax Appeals when not supported by sufficient probative evidence—BTA may order hearing of additional evidence and investigation—R.C. 5717.01.

Appeal dismissed as improvidently allowed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Denial of application by court of appeals affirmed albeit for different reasons.

Insurance—Liability insurance coverage—Court of appeals' judgment reversed on authority of Doe v. Shaffer.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Zoning - Townships - Board of zoning appeals - Neighboring property owner generally interested in seeing zoning regulations enforced is a "person aggrieved" who may appeal under R.C. 519.15.

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

Insurance—Action alleging bad faith denial of insurance coverage—Insured entitled to discover claims file materials containing attorney-client communications related to the issue of coverage that were created prior to the denial of coverage.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Employer's switch from self-insured status to state insurance fund status—Employer's insured status at time of employee's injury or injurious exposure controls which fund is responsible for the claim.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Permanent partial disability compensation–Claimant's election for impaired earning capacity denied by Industrial Commission–Court of appeals' denial of writ of mandamus after finding that any impaired earning capacity was not attributable to claimant's allowed condition affirmed.

Workers' compensation—Permanent partial disability compensation—Claimant's change-of-election motion denied by Industrial Commission—Court of appeals' judgment denying writ of mandamus reversed and commission ordered to consider further claimant's motion and issue an amended order.

Workers' compensation—Court of appeals' judgment denying writ of mandamus to invalidate the retroactive application of R.C. 4123.65 affirmed.

Workers' compensation—Industrial Commission's denial of application for permanent total disability compensation not an abuse of discretion when supported by "some evidence"—Mandamus sought to compel commission to vacate order and to enter an order granting compensation—Denial of writ by court of appeals affirmed.

Insurance—Homeowner's insurance policy that provides limited liability coverage for vehicles not subject to motor vehicle registration is not a motor vehicle liability policy and is not subject to the requirement of former R.C. 3937.18 to offer uninsured and underinsured motorist coverage.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—"Amounts available for payment" language in R.C. 3937.18(A)(2), for the purpose of setoff, construed.

Workers' compensation—Court of appeals' judgment affirmed.

Evidence—Witnesses—Experience and knowledge of a drug user lay witness can establish competence to express an opinion on the identity of a controlled substance, when.

Workers' compensation—Court of appeals' judgment affirmed.

Torts—Emancipated children seek to recover damages for the loss of consortium they suffered as a result of injuries to their father—Adult emancipated children may recover for loss of parental consortium.

Elections—Contest of election—Common pleas court's denial of election contest challenging result of city of Willoughby Hills special mayoral election affirmed.

Taxation—Real property valuation—Valuation complaint has been "prepared and filed" by an attorney for purposes of determining whether jurisdiction has vested in a county board of revision, as contemplated by Sharon Village Ltd. v. Licking Cty. Bd. of Revision, when—R.C. 5715.19, as amended by Sub.H.B. No. 694, may not be constitutionally applied to permit the refiling of once-dismissed R.C. 5715.19 complaints challenging valuations for tax years prior to the effective date of Sub.H.B. No. 694.

Torts—Medical malpractice—Civil procedure—New trial—Civ.R. 59(A)—Standard of specificity that trial court must meet as that court articulates the reasons behind the determination that a new trial is warranted on the ground that the verdict is against the manifest weight of the evidence.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Probation for six months with law practice monitored by a local attorney—Neglect of an entrusted legal matter—Intentionally failing to seek legal objectives of client—Failing to carry out contract for professional services—Prejudicing or damaging client during course of professional relationship.

Habeas corpus—Claim of excessive bail—Grant of writ by court of appeals reversed and cause dismissed, when.

Constitutional law—Search and seizure—Motor vehicles—Criteria for determining constitutionality of a driver's license checkpoint.

Certification of conflict dismissed as improvidently certified—Court of appeals' opinion not to be published in Ohio Official Reports.

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 albeit for different reasons—Application denied when applicant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal before the court of appeals as required under App.R. 26(B)(5).

Mandamus sought to compel common pleas court judge to provide findings of fact and conclusions of law on denial of relator's successive petition for postconviction relief–Court of appeals' dismissal of petition affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal—Court of appeals' denial of application affirmed.

Acts of the general assembly are subservient to the constitution of the state - The courts of the state are bound to support the constitution and laws of the state and cannot be bound by both the constitution and a conflicting law

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

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

Employer and employee—Unlawful discriminatory practices—Court of appeals' reversal of jury award in sex discrimination action and finding that trial court erred in denying motion for directed verdict reversed and trial judgment reinstated.

On application for termination of probation.

Criminal procedure—Death penalty—Execution date set by Supreme Court of Ohio—Motion for funds for independent psychiatrist to determine competency to be executed filed by defendant in federal court—State's motion to require trial court to complete statutorily prescribed process for competency review so that defendant can be executed on date set by Supreme Court denied.

Insurance—Homeowner's insurance policy that provides limited liability coverage for vehicles not subject to motor vehicle registration is not a motor vehicle liability policy and is not subject to the requirement of former R.C. 3937.18 to offer uninsured and underinsured motorist coverage—Court of appeals' judgment affirmed on authority of Davidson v. Motorists Mut. Ins. Co.

Insurance—Homeowner's insurance policy that provides limited liability coverage for vehicles not subject to motor vehicle registration is not a motor vehicle liability policy and is not subject to the requirement of former R.C. 3937.18 to offer uninsured and underinsured motorist coverage—Court of appeals' judgment reversed on authority of Davidson v. Motorists Mut. Ins. Co.—Certification of conflict dismissed as improvidently certified.

Insurance—Homeowner's insurance policy that provides limited liability coverage for vehicles not subject to motor vehicle registration is not a motor vehicle liability policy and is not subject to the requirement of former R.C. 3937.18 to offer uninsured and underinsured motorist coverage—Court of appeals' judgment affirmed on authority of Davidson v. Motorists Mut. Ins. Co.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

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

Attorneys at law—Application to take Ohio Bar Examination denied—Applicant prohibited from reapplying for admission to the practice of law in Ohio.

Attorneys at law—Misconduct—Two-year suspension with final year of suspension stayed on condition—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Failing to deposit client funds in an account in which no funds of lawyer are deposited—Failing to render appropriate accounts to client—Failing to promptly deliver clients' funds upon request—Failing to cooperate in a disciplinary investigation.

Attorneys at law—Entering into an agreement to share legal fees with a nonlawyer does not in and of itself constitute a violation of DR 3-102(A)—Disciplinary complaint dismissed when relator fails to prove, by clear and convincing evidence, that respondent attorney has violated a Disciplinary Rule.

Attorneys at law—Misconduct—Two-year suspension with one year stayed on conditions—Neglect of an entrusted legal matter—Failing to carry out contract for professional services—Failing to obtain permission from tribunal to withdraw from a case, when such permission is required—Withdrawing from employment without taking reasonable steps to avoid prejudicing a client—Failing to return promptly, when requested, property client is entitled to receive—Prejudicing or damaging client during course of professional relationship—Failing to assist in disciplinary investigation.

On application for termination of probation.

On application for reinstatement.

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

Juvenile court—Delinquency proceedings—Court of appeals' judgment affirmed on authority of In re Anderson.

Attorneys at law—Misconduct—Indefinite suspension—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 seek lawful objectives of client—Failing to carry out contract of employment—Causing prejudice or damage to client during course of professional relationship—Failing to deposit client funds in an account in which no funds of attorney are deposited—Failing to promptly deliver to client funds client is entitled to receive—Failing to cooperate in disciplinary investigation.

Appeal dismissed as improvidently allowed.

Mandamus sought to compel city of Sidney to comply with R.C. 5923.05 by paying relator his regular pay as a police lieutenant in addition to his military pay while performing military service without being required to schedule vacation leave during those absences—Cause dismissed, when.

Mandamus sought to compel common pleas court judge to vacate relator's 1994 criminal conviction and sentence—Court of appeals' denial of writ affirmed.

Mandamus sought to compel common pleas court judge to void his rulings on relator's proceedings made after June 22, 2000—Court of appeals' denial of writ affirmed.

Attorneys at law—Misconduct—Indefinite suspension with credit for time served since date of interim suspension—Conviction for bank fraud—Conviction for conspiracy to commit tax fraud.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—"Amounts available for payment" language in R.C. 3937.18(A)(2), for the purpose of setoff, construed.

Workers' compensation—Application for temporary total disability compensation benefits—Industrial Commission's order denying benefits based on lack of medical evidence and voluntary retirement—Cause remanded for further consideration by court of appeals—Court of appeals' judgment reversed and commission's order reinstated—Claimant who vacates work force for non-injury reasons not related to the allowed condition and who later alleges an inability to return to former position of employment is not eligible for temporary total disability compensation benefits.

Motion for summary reversal on authority of Csulik v. Nationwide Mut. Ins. Co. denied—Appeal dismissed as improvidently allowed.

Workers' compensation—Alleged violation of specific safety requirement—Ohio Adm.Code 4121:1-5-15(A) and (C)—Overloading of chains used to move large tubing frames resulting in death of employee—Industrial Commission's determination that overloading was the proximate cause of the accident not an abuse of discretion, when—Amount of VSSR award granted by commission not an abuse of discretion, when.

Workers' compensation—Decision of Industrial Commission to allow or disallow compensation for additional condition requested subsequent to initial allowance of the claim is a right-to-participate question, appealable, and therefore not subject to mandamus.

Taxation—Income tax—Liquidation of assets of Ohio subchapter S corporation followed by dissolution of the corporation—Income from the gain on the sale of the intangible personal property not business income as defined in R.C. 5747.01(B)—Tax Commissioner's remitting of portion of the statutory penalty is not an abuse of discretion.

Appellate procedure - Final orders - R.C. 2505.02(A)(3) and (B)(4), construed - Criminal procedure - Petition for forced medication under R.C. 2945.38 is a "provisional remedy" ancillary to the criminal action against an incompetent defendant .

Appeal dismissed as improvidently allowed because the issue is now moot.

Public employment—Removal of employee during probationary period—Mandamus sought to compel Ohio Department of Rehabilitation and Correction to comply with the State Personnel Board of Review's order reinstating relator to her position at the London Correctional Institution with back pay and benefits—Writ denied, when.

Torts—Medical malpractice action—Judgment entered in favor of defendants—Request for oral argument before Supreme Court denied, when—Mandamus sought to compel hospital to, inter alia, identify all persons upon whom CK-MB% blood enzyme results were erroneously reported as being within the normal range for the test—Court of appeals' dismissal of mandamus action affirmed.

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

Prohibition—Writ to vacate relator's conviction and sentence for complicity to commit aggravated robbery—Court of appeals' dismissal of complaint affirmed.

Criminal law—Aggravated murder—Death penalty—Stay of execution granted.

Insurance—Motor vehicles—Action by insured against insurance carrier for payment of underinsured motorist benefits is a cause of action sounding in contract, rather than tort, even though tortious conduct triggers applicable contractual provisions—1 Restatement of the Law 2d, Conflict of Law (1997), Section 205, applied.

Zoning—Writ of prohibition sought to prevent board of elections from submitting zoning amendment to township electors at November 7, 2000 election–Writ denied by court of appeals on October 18—Zoning amendment rejected by voters at November 7 election—Court of appeals' denial of writ not appealed until fifty-seven days after judgment—Appeal dismissed due to laches and mootness.

Zoning—Mandamus sought to compel city of North Ridgeville and clerk of city council to remove the notations on the official zoning map for planned community development zoning for the Waterbury and Meadow Lakes developments—Cause dismissed, when.

Domestic relations—Parent's child support obligations pursuant to a child support order continue beyond the age of majority, when—R.C. 3103.03, as amended, supersedes In re Dissolution of Marriage of Lazor.

Domestic relations—Divorce and alimony—Ohio Police and Fire Pension Fund ordered by court to pay directly to member's former spouse that portion of member's monthly benefit that represents former spouse's property pursuant to division of marital assets—Order does not violate terms of the administration of the fund.

On application for reinstatement.

On application for reinstatement.

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

Workers' compensation—Application for permanent total disability compensation—Claimant diagnosed with pneumoconiosis years after retirement—Industrial Commission's award of compensation not in error where claimant's condition had not yet arisen or become manifest at the time he withdrew from the labor market.

Workers' compensation—Subrogation right of statutory subrogee against third party–R.C. 4123.931, in its present form, is unconstitutional.

Attorneys at law—Misconduct—Reciprocal discipline from California—One-year suspension stayed with probation—Gov.Bar R. V(11)(F)(4).

Criminal law—Aggravated murder—R.C. 2949.28—Defendant appeals denial of his claim that his severe mental illness precludes carrying out death sentence—Discretionary appeal allowed—Stay denied.

Criminal law—Aggravated murder—Invocation of right to remain silent is ambiguous or equivocal, when—Crim.R. 24(F)—Waiver—Allowing alternate jurors to attend deliberations is not reversible plain error, when—Mere existence of conflicting evidence cannot make the evidence insufficient as a matter of law—Death penalty upheld, when.

Taxation—Franchise tax—Agricultural credit association that is the product of the merger of several federal land banks and a production credit association is not exempt from Ohio franchise tax.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to raise a genuine issue of ineffective assistance of appellate counsel—Court of appeals' denial of application to reopen appeal affirmed.

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.

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

Workers' compensation—Retroactive compensation adjustment following an average weekly wage recalculation is limited to the two years prior to the claimant's recalculation motion.

Workers' compensation—When Bureau of Workers' Compensation lacks jurisdiction to change date of disability, it cannot change the risk assignment.

Appeal dismissed as improvidently allowed.

On application for termination of probation.

Torts—Negligence—Attractive nuisance—Unused residential swimming pool—Level of duty property owner owes to a child trespasser—Possessor of land subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land, when—Adult who attempts to rescue a child from an attractive nuisance assumes the status of the child and is owed a duty of ordinary care by the property owner.

Municipal corporations—Taxation—Income tax—Distributive share of the earnings of an S corporation does not constitute intangible income except when the income received by the S corporation itself is intangible—Income is not exempt from municipal income taxation pursuant to R.C. 718.01(F)(3), when.

Public records—Mandamus sought to compel respondents Cardington, Ohio, et al. to prepare, file and maintain full and accurate minutes and to conduct all meetings in public, except for properly called executive sessions—Writ granted—Attorney fees and costs awarded.

Juvenile court—Delinquency proceedings—Juvenile court proceeding is a civil action.

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

Habeas corpus sought to compel relator's release from confinement—Complaint in habeas corpus dismissed as moot when relator is released from confinement prior to hearing.

Public Utilities Commission—Access by new competitive local exchange carrier to local markets—Commission's order denying Cincinnati Bell Telephone Company's proposed local phone line charge not manifestly against the weight of evidence and not unreasonable or unlawful—Commission's order to reject Cincinnati Bell's cost study for its directory assistance database and to adopt rates deemed presumptively reasonable by the Federal Communications Commission was based on ample evidence, was not against the manifest weight of the evidence, and was neither unreasonable nor unlawful.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Misconduct—Eighteen-month suspension with entire suspension stayed on conditions—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Failing to promptly pay or deliver to client funds that client is entitled to receive.

Workers' compensation—Court of appeals' judgment affirmed.

Unauthorized practice of law—Individual who resigned his office as attorney and counselor at law in Ohio prepared a land installment contract for the sale of real estate on another's behalf and notarized the land contract—Engagement in the unauthorized practice of law enjoined.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Criminal law—Use of anonymous juries—Appellate review—When court of appeals engages in a plain-error analysis, it must conduct a complete review of all assignments of error in order to determine whether a manifest miscarriage of justice has occurred that clearly affected the outcome of the trial.

Appeals dismissed as improvidently allowed.

Attorneys at law—Misconduct—Permanent disbarment—Filing a lawsuit in common pleas court while under indefinite suspension and signing the name of another attorney as counsel, initialing that signature with respondent's initials, and giving counsel's address as respondent's address–Two previous disciplinary proceedings.

Attorneys at law—Misconduct—Two-year suspension with six months of suspension stayed, with credit for time served during interim suspension—Conviction for mail fraud.

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 adversely reflecting on fitness to practice law—Withdrawing from employment and failing to promptly refund any fee paid in advance that was not earned—Neglect of an entrusted legal matter—Attempting to exonerate or limit liability to client for personal malpractice—Failing to carry out contract of employment for legal services—Damaging or prejudicing client during course of professional relationship—Failing to maintain complete records of all funds coming into possession and render appropriate accounts to client regarding them—Failing to promptly pay client funds in lawyer's possession that client is entitled to receive—Failing to cooperate in disciplinary investigation.

Criminal law—Aggravated murder—Death penalty—Claim of incompetency under R.C. 2949.28(A) dismissed for want of probable cause—No prohibition against cruel and unusual punishment precludes the execution of mentally ill persons who understand their crimes and the capital punishment they face—R.C. 2949.28(B) does not require a hearing to determine probable cause—Burden to challenge competency is on the defense—R.C. 2949.29(C).

Criminal law—Motor vehicles—During routine traffic stop, it is reasonable for officer to search driver for weapons before placing driver in patrol car, when—During routine traffic stop, it is unreasonable for officer to search driver for weapons before placing driver in patrol car, when.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when claimant fails to demonstrate that his allegations of ineffectiveness of appellate counsel have any merit—Court of appeals' denial of application to reopen appeal affirmed.

Workers' compensation—Allegation of several violations of specific safety violations including Ohio Adm.Code 4121-1-3-03(J)(1)—Employer required to provide lifelines, safety belts, and lanyards—"Provided," construed—If a worker does not know that certain equipment exists, the employer has not provided it—Industrial Commission does not abuse its discretion where its decision allowing VSSR claim is supported by "some evidence."

Habeas corpus sought to compel relator's release from prison—Court of appeals' denial of writ affirmed, when.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of Davidson v. Motorists Mut. Ins. Co.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Subrogation—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

On application for reinstatement.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Intentionally stealing and lying to an investigating officer about the theft—Panel's dismissal of earlier case qualifies as voluntary dismissal under Civ.R. 41(A)(2), when.

Attorneys at law—Misconduct—Six-month suspension—Practicing under a trade name—Assisting nonattorneys to market or sell living trusts.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to carry out contract of employment for professional services—Failing to promptly deliver funds or other property belonging to client—Failing to cooperate in disciplinary investigation—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Permanent disbarment—Converting funds and filing false reports with the probate court.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed with one-year probation—Dismissal of appeal in criminal case without clients' consent.

Attorneys at law—Misconduct—Permanent disbarment—Past disciplinary violations and repeated neglect of professional duties.

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).

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 to reopen appeal affirmed, albeit for different reasons—Application denied when claimant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal before the court of appeals, as required by App.R. 26(B)(5).

Workers' compensation—In appeal brought pursuant to R.C. 4123.512(A), attorney's travel expenses incurred in taking a deposition of an expert are a reimbursable "cost of any legal proceedings" under R.C. 4123.512(F).

Taxation—Use tax applicable to airplane purchased out of state and furnished to users along with fuel and pilot for an hourly fee.

Domestic relations—Arbitration—Child custody and parental visitation are not subject to arbitration in a domestic relations case.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Appeal and cross-appeal dismissed as improvidently allowed.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli—Cause remanded to trial court for determination of damages.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded to trial court for further proceedings.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded to trial court for further proceedings.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Court of appeals' judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded.

Attorneys at law—Misconduct—Indefinite suspension with allowance for petition for reinstatement one year after release from prison on conditions—Conviction of felonious assault, carrying a concealed weapon, discharging a firearm while under the influence of alcohol and drugs, and driving under the influence.

Workers' compensation—Mandamus sought to compel Industrial Commission to vacate its order granting relator's application alleging employer's violation of specific safely requirements—Denial of writ by court of appeals affirmed—Where some evidence supports the commission's order, it cannot be disturbed in mandamus as an abuse of the commission's discretion.

Workers' compensation—Subrogation right of statutory subrogee against third party—Court of appeals' judgment reversed and cause remanded to trial court for further proceedings on authority of Holeton v. Crouse Cartage Co.

Environmental protection—Ohio Adm.Code 3745-21-07(G)(2) does not apply to a chemical distribution facility that stores, transfers, and ships photochemically reactive materials to its customers.

Workers' compensation—Subrogation right of statutory subrogee against third party–Court of appeals' judgment reversed and judgment of trial court reinstated on authority of Holeton v. Crouse Cartage Co.

Domestic relations—Determining proper amount of child support in a shared-parenting case—Court of appeals' judgment affirmed on authority of Pauly v. Pauly.

Appellate procedure—Application for reopening appeal of judgment of conviction based on claim of ineffective assistance of appellate counsel—Court of appeals' dismissal of application to reopen appeal affirmed when no genuine issue exists as to whether applicant was denied the effective assistance of counsel.

Criminal law—Murder of correctional officer during prison riot—Death penalty upheld, when—Authorities in lawful charge of prison have no duty to "negotiate in good faith" with inmates who have seized the prison and taken hostages—Failure of authorities to negotiate is not an available defense to inmates charged with the murder of a hostage.

Workers' compensation—Use of premium contributions from the State Insurance Fund for payment of administrative and performance incentive fees to managed care organizations certified by the Bureau of Workers' Compensation does not violate Section 35, Article II of the Ohio Constitution.

Criminal law—Bounty hunter enters home of third party unannounced and without permission to apprehend a fugitive—Conviction for abduction, burglary, and having weapon while under disability, with firearm specifications—Ineffective assistance of counsel as to abduction and burglary counts, in conjunction with issue of whether counsel was ineffective for failing to raise issue of firearm operability and of applicability of gun specifications, combine to create such prejudice as to require reversal and remand of all convictions and specifications.

Courts—Jurisdiction—Criminal law—Court of appeals' judgment affirmed.

Public records—R.C. 149.43—Court of appeals erred in granting attorney fees when request for public records was overbroad—Cause remanded to court of appeals to determine attorney fees related to public records request that benefited the public.

Attorneys at law—Misconduct—Permanent disbarment—Conviction on five counts of arson and one count of grand theft.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for converting funds of a corporation—Practicing law while registered inactive and while under interim suspension.

Attorneys at law—Misconduct—Eighteen-month suspension with final year of suspension stayed—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Mandamus and prohibition sought to compel common pleas court judge to comply with court of appeals' mandate in a divorce action—Costs of writ action sought by relator after compliance by court—Dismissal of cause as moot and denial of request for award of costs by court of appeals affirmed, when.

Habeas corpus sought to compel relator's release from prison—Dismissal of petition affirmed—Claimed violation of a criminal defendant's right to a speedy trial is not cognizable in habeas corpus—Appeal is proper remedy for alleged violation of speedy trial right.

Attorneys at law—Misconduct—Indefinite suspension—Pattern and practice of carelessness, inattention to detail, procrastination, and failure to communicate with clients and court officials in practicing bankruptcy law.

Attorneys at law—Misconduct—Permanent disbarment—Continued and pervasive neglect of clients' interests—Neglect or refusal to assist in or testify at disciplinary investigation or hearing.

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

Mandamus sought to compel city of Mayfield Heights et al. to approve relators' application for road improvement plans—Motion for expedited consideration granted—Motion for peremptory writ denied and cause dismissed without prejudice.

Political subdivision tort liability—Within meaning of R.C. 2744.02(B)(5), R.C. 5104.11 does not expressly impose liability on a political subdivision for failure to inspect or for the negligent certification of a type-B family day-care home—Within meaning of R.C. 2744.02(B)(5), no other section of the Revised Code imposes liability on a political subdivision for failure to inspect or for the negligent certification of a type-B family day-care home.

Juvenile law—Child abuse—Within the meaning of R.C. 2744.02(B)(5) and 2744.03(A)(6)(c), R.C. 2151.421 expressly imposes liability for failure to perform duty to report known or suspected child abuse—Political subdivision may be held liable for failure to perform duty expressly imposed on its employee by R.C. 2151.421—Employee of political subdivision may be held liable for failure to perform duty expressly imposed by R.C. 2151.421.

Workers' compensation—Mandamus sought to compel Industrial Commission to grant relator's motion to enforce a settlement agreement that Bureau of Workers' Compensation initially approved and to vacate the order denying this relief—Court of appeals' judgment granting the writ affirmed—R.C. 4123.65(C), applied.

Insurance—Insurer who has been granted right of subrogation by person on whose behalf insurer has paid medical expenses incurred as the result of tortious conduct of the state is subject to R.C. 2743.02(D).

Juvenile law—Child abuse—Political subdivision tort liability—Within the meaning of R.C. 2744.02(B)(5) and 2744.03(A)(6)(c), R.C. 2151.421 does not expressly impose liability for failure to investigate reports of child abuse.

Criminal law—Theft by deception—False information submitted by applicant for Aid to Dependent Children funds and food stamps who would have been eligible for benefits if she had been truthful on her application but in an amount less than she actually received—R.C. 2913.02, applied.

Mandamus sought to compel Clerk of Courts of Franklin County et al. to have journal in certain cases changed and to reinstate one of relator's appeals—Dismissal of complaint by court of appeals for failure to comply with R.C. 2969.25(A) and (C) affirmed.

Consumer sales practices—Nonconforming new motor vehicles—Lemon Law—Consumers enjoy a presumption of recovery under R.C. 1345.73(B), when.

Workers' compensation—Mandamus sought to compel Industrial Commission to vacate its order denying relator's application alleging a violation of a specific safety requirement—Court of appeals' denial of writ 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.

Discretionary appeal allowed—Court of appeals' judgment reversed and cause remanded for further proceedings on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Workers' compensation—Court of appeals' judgment affirmed.

Probate—Descent and distribution—Juvenile court admission of paternity pursuant to former R.C. 3111.17 is not the equivalent of acknowledgement of paternity required by former R.C. 2105.18 for vesting child born out of wedlock with rights of inheritance from natural father.

Mandamus sought to compel city of Akron to commence appropriation proceedings and to compensate relators for the construction of a culvert on their property—Affidavits filed in original actions must be based on personal knowledge—Writ denied, when.

Criminal law—Theft in office—Public employee is a "public official" for purposes of the theft-in-office statute, R.C. 2921.41.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Mandamus sought to compel relator's release from prison–Court of appeals' denial of writ affirmed.

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

Attorneys at law—Misconduct—Eighteen-month suspension with nine months of suspension stayed—Accepting employment when the exercise of attorney's professional judgment may be affected by attorney's personal interests—Neglect of an entrusted legal matter—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law.

Attorneys at law—Misconduct—Eighteen-month suspension with entire suspension stayed with conditions—Neglect of an entrusted legal matter—Failing to promptly deliver to client funds that client is entitled to receive—Withdrawing from employment without taking reasonable steps to avoid foreseeable prejudice to the client's rights.

Workers' compensation—Psychiatric condition of an employee arising from a compensable injury or occupational disease suffered by a third party is compensable under R.C. 4123.01(C)(1).

Appeal and certification of conflict dismissed and judgment of court of appeals vacated for want of jurisdiction.

Workers' compensation—Claimant who cannot perform sustained remunerative employment is not required to engage in a job search as a prerequisite to impaired earning capacity eligibility—Claimant's receipt of Social Security disability compensation does not foreclose receipt of impaired earning capacity benefits.

Mandamus sought to compel common pleas court judge to issue findings of fact and conclusions of law in compliance with court of appeals' order to issue findings of fact and conclusions of law on an appeal of the dismissal of a petition for postconviction relief—Court of appeals' grant of writ affirmed.

Mandamus sought to compel court of common pleas judge to rule on pending motions in a criminal case to which he was not assigned—Court of appeals' denial of writ affirmed.

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

Workers' compensation—Mandamus sought to vacate Industrial Commission's order finding painting company in violation of a specific safety requirement, Ohio Adm.Code 4121:1-3-03(J)(1)—Court of appeals' denial of writ affirmed.

Political subdivision tort liability—For purposes of R.C. 2744.02(B)(1), a "use standard" is an appropriate test for determining whether a vehicle is excepted from the definition in R.C. 4511.01(B) of "motor vehicle" on the basis that it constitutes "other equipment used in construction work and not designed for or employed in general highway transportation."

Attorneys at law—Misconduct—Twenty-four-month suspension with final eighteen months 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—Entering into an agreement for, charging, or collecting a clearly excessive fee—Failing to carry out contract of employment—Prejudicing or damaging client during course of professional relationship—Failing to cooperate in disciplinary investigation.

Appeal dismissed as improvidently allowed.

Criminal law—Sexual predators—Expert witness shall be provided to an indigent defendant at an R.C. 2950.09(B)(1) sexual offender classification hearing, when.

Medical malpractice—Evidence—Witnesses—Evidence that an expert witness is a defendant in a pending malpractice action alleging a medical error similar to the one at issue is probative and is admissible to prove bias, prejudice, or motive to misrepresent.

Torts—Wrongful death—Appellate procedure—Final order—Trial court order entered in a civil action for damages seeking recovery for a wrongful death is not an order entered in a special proceeding for purposes of R.C. 2505.02—Political subdivision tort liability—R.C. 2744.02(C), as purportedly enacted in 1996 Am.Sub.H.B. No. 350, is invalid.

Court of appeals' judgment affirmed due to want of a final appealable order.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appeal dismissed as improvidently allowed.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appeal dismissed as improvidently allowed.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Schools—Funding—Motion for order to pay costs of unfunded mandates, to file master plan, and to file subsequent progress reports—Evidence ordered to be filed.

Attorneys at law—Misconduct—Reciprocal discipline from Maryland—Public reprimand—Gov.Bar R. V(11)(F)(4).

Attorneys at law—Misconduct—Reciprocal discipline from Connecticut—Suspension until payment of Client Security Fund fee is made and reinstatement is ordered in Connecticut—Gov.Bar R. V(11)(F)(4).

Prohibition—Writ sought to prohibit judge of common pleas court, juvenile division, from closing access to the public from any future juvenile court proceedings without first conducting a closure hearing and making the required findings—Mandamus sought ordering judge to provide Dispatch Printing Company with a complete unredacted copy of the transcript of the closed detention hearing concerning fourteen year old—Writs granted.

Workers' compensation—Intentional tort by employer—Applicable statute of limitations is two years established in R.C. 2305.10.

On application for termination of probation.

Motion for reconsideration denied.

Criminal law—Shock probation—Trial court's order denying shock probation pursuant to former R.C. 2947.061(B) is not a final appealable order.

Criminal law—R.C. 2907.02—Anal rape Court of appeals' judgment reversed and cause remanded for new trial on authority of State v. Wells.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Attorneys at law—Misconduct—One-year suspension with six months of the suspension stayed with stayed part of suspension being a period of probation while working with a monitor—Secretly informing former client of upcoming drug raid—Engaging in illegal conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation–Engaging in conduct adversely reflecting on fitness to practice law.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure–Final order–Political subdivision tort liability–R.C. 2744.02(C)–Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Appellate procedure—Final order—Political subdivision tort liability—R.C. 2744.02(C)—Court of appeals' judgment affirmed on authority of Stevens v. Ackman.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed on condition—Neglecting an entrusted legal matter—Failing to carry out contract of employment.

Public records—Mandamus sought to compel Wayne County Sheriff to provide relators the right to access, inspect, and copy an unredacted version of an incident report concerning the shooting and killing of an individual by police officers—Denial of writ by court of appeals reversed.

Attorneys at law—Misconduct—Permanent disbarment—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—Prejudicing or damaging client during course of professional relationship—Failing to pay client monies to which client is entitled—Failing to cooperate in disciplinary investigation—Two prior disciplinary suspensions.

Attorneys at law—Misconduct—Reciprocal discipline from Washington—Eighteen-month suspension—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—Misconduct—Indefinite suspension made retroactive—Converting clients' funds to own use—Issuing checks for which there were insufficient funds to allow payment of those checks—Depositing client funds into an IOLTA but failing to promptly pay or deliver funds to client—Failing to maintain accurate records of client funds—Refusing to turn over legal files to client when requested.

Court of appeals' judgment reversed on authority of Woods v. Telb.

Court of appeals' dismissal of complaints for writs of mandamus and habeas corpus affirmed.

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

Workers' compensation—Industrial Commission order vacated and matter set for commission hearing—Commission does not abuse its discretion in exercising its continuing jurisdiction, when—Where claimant's interphalangeal joint has no range of motion due to ankylosis, claimant not entitled to compensation for the loss of the whole thumb.

Domestic relations—Supplemental security income benefits received by disabled child do not constitute a financial resource of the child pursuant to R.C. 3113.215(B)(3)(f) for purposes of justifying a trial court's deviation from the basic child support schedule.

Workers' compensation—Application for scheduled loss compensation under R.C. 4123.57(B) based on amputation of entire left thumb—Court of appeals' judgment affirming Industrial Commission's denial of amputation benefits affirmed—Successful reattachment of thumb precludes any award for amputation—Court of appeals' judgment that Industrial Commission had not adequately addressed the loss-of-use issue reversed, when.

Workers' compensation—Allegation of several specific safety violations involving safety lines, belts, and lanyards by claimant—Court of appeals' judgment that no violation of Ohio Adm.Code 4121:1-3-03(J)(1) occurred is reversed.

Arbitration—Labor relations—Ohio has no dominant and well-defined public policy that renders unlawful an arbitration award reinstating a safety-sensitive employee who was terminated for testing positive for a controlled substance.

Taxation—Real property—Exemptions—Relevant factor for determining exemption under R.C. 5709.12 of two-story house owned by an Ohio nonprofit corporation is whether the institution is using the property exclusively for charitable purposes—Decision of Board of Tax Appeals denying exemption reversed.

Complaint for writ of procedendo to compel municipal court judge to rule on relator's pending motions in a personal injury action—Mandamus sought to compel municipal court judge to report alleged ethical misconduct by an opposing attorney—Dismissal of case by court of appeals affirmed.

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

Mandamus sought to compel state to order that the journal in a court of appeals case reflect the truth—Habeas corpus relief sought to compel relator's release from prison—Court of appeals' dismissal of cause affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Attorneys at law—Fee dispute submitted to bar association for binding arbitration—Arbitration award confirmed by court of common pleas—Writs of mandamus and prohibition sought to compel common pleas court judge to cease enforcing or issuing any orders in the case—Court of appeals' dismissal of complaint affirmed.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of several entrusted legal matters and betrayal of clients' trust.

Workers' compensation—R.C. 4123.56(A) does not require a setoff of temporary total disability benefits where hostage leave has been paid pursuant to the terms of a collective bargaining agreement.

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

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

Workers' compensation—Teacher employed for nine months during academic calendar year elects to receive earnings over a prorated twelve-month period—Teacher not precluded during summer break from receiving temporary total disability compensation for a work-related injury on the sole basis that prorated earnings were received over the summer break.

Taxation—Real property—Application for exemption—R.C. 5715.27, applied—Decisions of Board of Tax Appeals dismissing complaints objecting to application for exemption reasonable and lawful, when.

Taxation—Use tax—Exceptions—Forklift used to remove and replace dies in stamping presses used in manufacturing process does not qualify for exception contained in R.C. 5739.011(B)(4)—Purchases of welding helmets, glasses, and lenses used in manufacturing process involving stamping presses excepted from taxation under R.C. 5739.011(B)(4).

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

Civil Rights Commission—Filing of an unlawful discriminatory charge with Ohio Civil Rights Commission under R.C. 4112.05(B)(1) does not preclude person alleging handicap discrimination from instituting an independent civil action under R.C. 4112.99.

Workers' compensation—Application for temporary total disability compensation allowed—Claimant discovered to be gainfully employed—Industrial Commission did not abuse its discretion in declaring that claimant was overpaid compensation and that overpayment was to be recovered pursuant to the fraud provisions in R.C. 4123.511(J).

Motor vehicles—Certificate of motor vehicle title—Evidence of ownership—Harm to leased vehicle—In determining competing claims of ownership of a motor vehicle, R.C. 4505.04(A) controls over the provisions of the Uniform Commercial Code.

Workers' compensation—Mandamus sought to vacate Industrial Commission's order finding steel frame construction company not in violation of specific safety requirement, Ohio Adm.Code 4121:1-3-03(J)(1)—Court of appeals' grant of writ affirmed.

Mandamus—Appropriation proceedings—Drainage project—Neither petitioning for public improvement nor paying assessments related to the improvement precludes landowners from seeking compensation for the taking of their property in connection with the project—Cause remanded to permit property owners to establish loss of any economically viable use.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal as required by App.R. 26(B)(5).

Juvenile court—Transfer of case for criminal prosecution—Claim of improper bindover—Habeas corpus sought to compel relator's release from prison—Court of appeals' denial of writ affirmed albeit for different reasons than those expressed by court of appeals—State v. Hanning limited to mandatory bindover cases under R.C. 2151.26(B)(4)(b) and does not apply to mandatory bindover cases under R.C. 2151.26(B)(3).

Workers' compensation—Court of appeals' judgment affirmed.

Habeas corpus sought to release petitioner from Noble Correctional Institution—Court of appeals' grant of writ and order releasing petitioner from confinement affirmed.

Juvenile law—Custody—Habeas corpus sought to regain custody of relator's children—Dismissal of petition by court of appeals affirmed.

Habeas corpus sought to compel relator's release from prison–Court of appeals' adoption of magistrate's decision to deny writ and overrule relator's untimely objection to the denial affirmed.

Workers' compensation—Ohio Adm.Code 4123-5-21(A) is generally applicable to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65, provided claimant's death occurs before settlement is approved by the Administrator of Workers' Compensation—Ohio Adm.Code 4123-5-21(A) is nullified by failure to process application within reasonable time.

Workers' compensation—Voluntary departure from employment precludes receipt of temporary total disability compensation—Claim by employer, which had no written employment or disciplinary policy, that claimant's tardiness and subsequent termination constituted a voluntary abandonment of the workforce and therefore precluded temporary total disability compensation—Temporary total disability compensation is barred only where claimant is discharged for violation of a written work rule—State ex rel. Louisiana-Pacific Corp. v. Indus. Comm., applied.

Probate—Will construction—Only surviving beneficiaries named in a will's residuary clause shall receive equal shares of the residuary estate.

Political subdivision tort liability—Defense and indemnification of employees—R.C. 2744.07(A)(1), construed—R.C. 2744.07(A)(1) requires that a political subdivision provide legal defense for an employee whenever the underlying complaint alleges or reasonably implies either that the employee was not acting manifestly outside the scope of his or her employment or official responsibilities.

Criminal law—Sexual predators—Judge must consider guidelines set out in R.C. 2950.09(B)(2) but has discretion to determine what weight, if any, will be assigned to each guideline—Pursuant to R.C. 2950.09(B)(2), a judge may also consider any other evidence deemed relevant to determine likelihood of recidivism—R.C. 2950.09(B)(2) does not violate separation-of-powers doctrine.

Prohibition—Writ sought to prohibit judge of common pleas court, probate division, from proceeding in a probate case—Court of appeals' denial of writ affirmed, when.

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

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

Juvenile court—Transfer of case for criminal prosecution—Prosecutor under duty to disclose to juvenile respondent all evidence in state's possession favorable to juvenile respondent and material either to guilt or punishment that is known at time of mandatory bindover hearing held pursuant to R.C. 2151.26 and that may become known to prosecuting attorney after bindover—In determining whether reversible error is committed where state fails to disclose evidence in its possession that is favorable to juvenile respondent for use by defense at mandatory bindover proceeding, defense has burden to prove that violation was material—Requirements to support finding that probable cause exists to believe juvenile committed offense before ordering mandatory waiver of juvenile court jurisdiction pursuant to R.C. 2151.26(B).

Defamation—Ohio Constitution's separate and independent protection of opinions is not limited in its application to the allegedly defamatory statements made by media defendants—Nonmedia defendant whose allegedly defamatory statements appear in a letter to the editor may invoke the same protection–Section 11, Article I, Ohio Constitution, applied.

Municipal corporations—Zoning—Motion for expedited consideration of relator's mandamus claim to compel city of Mayfield Heights et al. to approve relators' application for road improvement plan granted—Motion for expedited consideration of relators' mandamus claim to compel appropriation proceedings denied—Peremptory writ of mandamus to compel respondents to approve relators' road improvement plans in connection with the proposed development of their property granted.

Workers' compensation—Average weekly wage incorrectly calculated resulting in underpayment of claim—After discovery of error Bureau of Workers' Compensation limited recoupment to the two-year period prior to the date the error was discovered—Court of appeals' order that Industrial Commission readjust all compensation previously paid affirmed—R.C. 4123.52 and State ex rel. Gen. Refractories Co. v. Indus. Comm., applied.

Workers' compensation—Application for permanent total disability benefits granted by Industrial Commission—Complaint in mandamus filed by employer in court of appeals alleging that commission abused its discretion in excluding two doctor reports from consideration—Court of appeals' grant of writ reversed and commission's grant of permanent and total disability reinstated, when.

Probate court—Concealed or embezzled assets—R.C. 2109.50 to 2109.56 do not confer subject-matter jurisdiction on probate courts to issue prejudgment attachment orders relating to personal property—Prohibition—Writ sought to prohibit judge of common pleas court, probate division, from exercising further authority under his June 23, 2000 attachment order—Court of appeals' grant of writ affirmed, albeit for reasons additional to and different from those expressed by the court of appeals.

Attorneys at law—Misconduct—Two-year suspension—Respondent may apply for reinstatement in the second year in accordance with stated conditions—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Failing to promptly notify client of receipt of funds—Failing to maintain complete records of all funds received—Failing to promptly deliver funds or property to which the client is entitled.

On application for reinstatement.

Attorneys at law—Misconduct—Two-year suspension with one year suspended and credit for time not practicing law since May 8, 2000—Continuing to represent clients while suspended from the practice of law for failure to cure CLE deficiency.

Attorneys at law—Misconduct—One-year suspension with six months stayed—Monitoring—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client.

Attorneys at law—Misconduct—Indefinite suspension with no credit for time served—Conviction for attempted felonious assault.

Unauthorized practice of law—Attorney not authorized to practice law in Ohio appearing in court prior to the court's ruling on his motion to appear pro hac vice and not applying to appear pro hac vice in two other cases—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Permanent disbarment—Failing to prepare and file client's income tax returns for 1994 and 1995, not informing client of failure to do so, and not requesting an extension for filing the returns—Failing to cooperate with Office of Disciplinary Counsel—Failing to respond to Disciplinary Counsel's subpoenas—Failing to attend to Supreme Court's orders.

Attorneys at law—Misconduct—Public reprimand—Advancing client approximately $26,000 for living expenses.

Attorneys at law—Misconduct—Two-year suspension with final eighteen months stayed—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Failing to promptly deliver to client funds or property which client is entitled to receive—Refusing to assist or testify in investigation or hearing—Engaging in conduct prejudicial to the administration of justice.

Criminal law—Sexual predators—R.C. 2950.09(B)(2) does not violate the separation of powers doctrine—Court of appeals' judgment affirmed on authority of State v. Thompson.

Attorneys at law—Misconduct—Permanent disbarment—Myriad violations of Disciplinary Rules forming a distinct pattern of disregard for the courts, clients, and other professionals.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

On petition for reinstatement.

Attorneys at law—Misconduct—Public reprimand—Engaging in undignified or discourteous conduct which is degrading to a tribunal.

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—Neglect of an entrusted legal matter—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Failing to cooperate and to assist in disciplinary investigation.

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

Attorneys at law—Application to take Ohio Bar Examination denied when applicant fails to provide requested information about his plans to repay defaulted student loans—Future application not to be considered unless complete.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal as required by App.R. 26(B)(5).

Workers' compensation—Court of appeals' judgment affirmed.

Motion for reconsideration granted—Discretionary appeal allowed—Court of appeals' judgment reversed and cause remanded on authority of Clark v. Scarpelli and Littrell v. Wigglesworth.

Judges—Misconduct—Six-month suspension—Extending a sentencing quid pro quo to a pregnant defendant based on judge's opposition to abortion—Judge acts in a manner "prejudicial to the administration of justice" within meaning of DR 1-102(A)(5), when.

Motion for reconsideration granted—Discretionary appeal allowed—Court of appeals' judgment vacated and cause remanded for consideration of In re Anderson.

Discretionary appeal allowed—Court of appeals' judgment vacated and cause remanded to court of appeals for consideration of In re Anderson.

Discretionary appeal allowed—Court of appeals' judgment reversed and cause remanded for application of State v. Eppinger.

Attorneys at law—Misconduct—Permanent disbarment—Withdrawing from employment before taking reasonable steps to avoid prejudice to the client—Failing to deliver all property to which client is entitled—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Failing to maintain complete records of all funds coming into possession—Failing to promptly refund any unearned advance fee after withdrawing from representation.

Workers' compensation—Application for permanent total disability compensation and change-of-occupation compensation denied by Industrial Commission—Commission's reliance on medical report in denying permanent total disability compensation claim not an abuse of discretion, when—Claimant retains eligibility for change-of-occupation compensation if all applicable criteria are met—Cause remanded on issue of change-of-occupation compensation.

Workers' compensation—Effect of retirement on claim for temporary total disability compensation—Wage-loss compensation denied when claimant's diminished earnings lacked the necessary causal relationship to his industrial injury.

Workers' compensation—Application for determination of percentage of permanent partial disability filed without medical evidence in support of application—After claimant's death, widow-claimant files application for payment of compensation accrued at time of death—Industrial Commission does not abuse its discretion in denying application for accrued compensation when there is no evidence upon which an award could be based.

Contracts—Home construction—Where vendee and builder-vendor enter into an agreement for future construction of a residence, vendee's claim for breach of an implied duty to construct house in a workmanlike manner arises ex contractu—Recovery for emotional distress damages when vendee's claim of breach of implied duty to construct house in workmanlike manner is successful.

Taxation—Real property—Exemptions—Tax Commissioner has jurisdiction under R.C. 5715.27(E) to hear a complaint challenging the continued exemption of property located within a Community Reinvestment Area.

Criminal law—Evidence required to support a conviction for complicity by aiding and abetting pursuant to R.C. 2923.03(A)(2).

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility—Court of appeals' judgment reversed on authority of State ex rel. Baker v. Indus. Comm.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when claimant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal as required under App.R. 26(B)(5)—Court of appeals' denial of application to reopen appeal affirmed.

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

Criminal procedure—Sexual predators—R.C. 2950.09 prohibits a trial court from classifying a defendant as a sexual predator once that defendant has been acquitted of a sexually violent predator specification—Modified sentence imposed by court of appeals vacated and cause remanded to trial court for resentencing.

On application for termination of probation.

Constitutional law—Education—Schools—School-funding formula adopted by General Assembly modified by Supreme Court to meet test for constitutionality created in DeRolph I and DeRolph II.

Attorneys at law—Misconduct—Public reprimand—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice.

Attorneys at law—Misconduct—Two-year suspension—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter not competent to handle—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract for professional employment—Failing to promptly deliver to client funds or property client is entitled to—Neglecting or refusing to assist or testify in disciplinary investigation or hearing.

Attorneys at law—Misconduct—Reciprocal discipline from Washington, D.C.—Public reprimand—Gov.Bar R. V(11)(F)(4).

School funding—Motion to compel discovery granted—Motion for protective order denied—Parties urged to cooperate during short discovery period.

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

Constitutional law—Municipal corporations—Cincinnati ordinance establishes drug-exclusion zones within city—Chapter 755 of the Cincinnati Municipal Code is an unconstitutional violation of the right to travel as guaranteed by the Fourteenth Amendment to the United States Constitution and a violation of Section 3, Article XVIII of the Ohio Constitution—Supreme Court of Ohio not bound by rulings on federal statutory or constitutional law made by a federal court other than the United States Supreme Court.

Public records—Mandamus sought to compel production of numerous records and documents of Parma Hospital for inspection—Writ denied, when—Parma Hospital is not a public institution and therefore not subject to the Public Records Act, R.C. 149.43.

Court of appeals' judgment reversed on authority of R.C. 2505.02 and Guccione v. Hustler Magazine, Inc.

Workers' compensation—Retroactive compensation adjustment following an average weekly wage recalculation is limited to the two years prior to the claimant's recalculation motion.

Schools—Appeal from court of appeals' grant writ of mandamus, compelling East Cleveland City School District Board of Education to issue an employment contract to relator and to pay him all back pay and benefits to which he is entitled, dismissed as moot—Denial of relator's request for attorney fees affirmed.

Attorneys at law—Continuing legal education—Mandamus sought to compel CLE Commission to apply maximum permissible twelve excess CLE credits relator earned during 1997-1998 reporting period to the 1999-2000 reporting period—Writ granted, when—Prohibition—Writ sought to prohibit CLE Commission from disallowing the carryover of excess CLE credit hours—Writ denied, when.

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

Prohibition—Writ prohibiting judges of the court of appeals from considering the merits of an appeal—Writ granted, when.

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

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct reflecting on fitness to practice law–Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract of employment—Failing to promptly pay or deliver to client funds which client is entitled to receive—Failing to cooperate in disciplinary investigation.

Torts—Dram Shop Act—Liquor permit holder is liable for negligent actions of intoxicated person occurring off premises, when—Knowingly selling intoxicating beverage to underage person—"Knowingly" means "know or have reason to know"—R.C. 4301.69 and 4399.18(A)(3) read in pari materia.

Judges—Misconduct—Public reprimand—Failing to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary—Failing to disqualify oneself from a proceeding in which impartiality could reasonably be questioned—Failing to avoid impropriety and the appearance of impropriety in all activities.

Civil procedure—Torts—Claims for spoliation of evidence may be brought after primary action has been concluded only when evidence of spoliation is not discovered until after the conclusion of the primary action.

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 reversed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

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

Attorneys at law—Resignation from the practice of law.

Elections—Applicable qualification date for signers of referendum petitions is date the petition is filed—Signers are qualified electors, when—Circulators need not be registered electors at time they circulate part-petitions—Prohibition—Writ sought to prohibit Lorain County Board of Elections and city of Lorain from proceeding with the November 6, 2001 referendum on Ordinance No. 77-01, which reclassified approximately 202.7 acres of land from residential to residential planned unit development—Writ denied, when.

Elections—Mandamus sought to compel Eastlake City Council to place a proposed charter amendment concerning a municipal baseball stadium on either the November 6, 2001 general election or a special election ballot—Proper respondent not named—Writ denied, when.

Insurance—Carbon monoxide emitted from a residential heater is not a "pollutant" under the pollution exclusion of a commercial general liability insurance policy unless specifically enumerated as such.

Public employment—State ex rel. Boggs v. Springfield Local School Dist. Bd. of Edn. clarified—Relators in mandamus action entitled to reinstatement to their positions as school bus drivers, back pay, and benefits—Board of education's actions concerning subcontracting school-busing services to a private company are declared void.

Municipal corporations—Real property—Annexation—Mandamus sought to compel Lake County Board of Commissioners to approve city of Painesville's revised petition for annexation of real property located in Painesville Township—Court of appeals' grant of writ reversed

Mandamus sought to compel Lima Correctional Institution officers to comply with Ohio Adm.Code 5120-9-31 by responding to a filed grievance and setting up a monitoring system for communications placed in the mail box for institutional mail—Dismissal of complaint affirmed.

Mandamus sought to compel common pleas court judge to vacate ruling revoking relator's probation and reimposing his 1993 sentence—Dismissal of complaint affirmed.

Mandamus sought to compel respondent to appoint to Hancock County Board of Mental Retardation and Developmental Disability a relative of a person eligible for and currently receiving services—Motion for leave to intervene granted—Cause dismissed without prejudice, when.

Mandamus sought to compel city of Twinsburg, its mayor, and city council members to correct zoning map until a vote is held on alleged zoning changes arising from a 1999 consent judgment entered in federal district court—Denial of writ affirmed—Relator in a nonpublic-records case seeking relief in mandamus to enforce an act that is either ministerial or nonministerial must generally prove the lack of an adequate remedy in the ordinary course of law to be entitled to the writ.

Appellate procedure—Second application filed for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel after first application denied—Court of appeals' denial of application affirmed—Successive petition barred by doctrine of res judicata.

Mandamus sought to compel court of common pleas judge to vacate relator's sentencing entry in a criminal case—Dismissal of complaint affirmed.

Public records—Mandamus sought to compel village of Chauncey's auxiliary police force marshal to provide relator access to log books and time sheets of all Chauncey police personnel from January 1, 2001 through May 30, 2001—Writ granted, when—Attorney fees awarded, when.

Mandamus sought to compel Cuyahoga County Commissioners to provide relator copies of certain records—Motion to dismiss granted when relator fails to comply with S.Ct.Prac.R. X(4)(B).

Attorneys at law—Application to take Ohio Bar Examination denied, when—Applicant permitted to apply for February 2002 bar examination and required to file a new registration application for the examination.

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 carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Commingling client funds with personal funds—Failing to promptly deliver to client funds to which the client is entitled.

Attorneys at law—Resignation from the practice of law.

Attorneys at law—Misconduct—Reciprocal discipline from Missouri—Indefinite suspension—Gov.Bar R. V(11)(F)(4).

Elections—Mandamus sought to compel Summit County Council, its clerk, and Summit County Prosecuting Attorney to accept signed petitions for a proposed charter amendment at the November 6, 2001 election—Court of appeals' grant of writ as to county council and its clerk and denial of writ with regard to county prosecutor affirmed, when.

Elections—Mandamus sought to compel Hamilton City Council to place proposed charter amendment on November ballot—No duty to submit proposed charter amendment unless all statutory requirements are satisfied—R.C. 3501.38(I) and (K) prohibit filing of additional part-petitions—Writ denied.

Elections—Prohibition—Writ sought to prevent Madison County Board of Elections and its members from submitting Ordinance No. 06-01 to the Plain City electors at the November 6, 2001 general election—Writ denied, when.

Elections—Mandamus—Writ sought to compel city council to submit proposed charter amendments to electorate—Relators failed to act with diligence—Laches–Writ denied.

Mandamus sought to compel Cuyahoga County Board of Elections to complete the process rearranging North Olmsted's election precincts to conform to new ward boundaries by notifying all affected registered voters of their new precincts and polling places for the November 6, 2001 general election—Writ denied, when.

Writs of prohibition and mandamus sought to prevent Lorain County Board of Elections from placing name on Avon's November 6, 2001 general election ballot and counting any votes for that candidate at the election for the office of council at large—Complaint for writ of mandamus dismissed, when—Writ of prohibition denied, when.

Criminal law—Witnesses—Immunity erroneously granted, when—Application of Fifth Amendment privilege against self-incrimination.

Insurance—Motor vehicles—Court of appeals' judgment reversed and cause remanded for determination consistent with, if applicable, Ohayon v. Safeco Ins. Co. of Illinois, Wolfe v. Wolfe, and Csulik v. Nationwide Mut. Ins. Co.

Insurance—Motor vehicles—Court of appeals' judgment reversed and cause remanded on authority, if applicable, of Ohayon v. Safeco Ins. Co. of Illinois, Wolfe v. Wolfe, and Csulik v. Nationwide Mut. Ins. Co.

Juvenile court—Transfer of case for criminal prosecution—Habeas corpus sought to compel relator's release from prison due to void conviction and sentence on authority of State v. Hanning—Court of appeals' denial of writ reversed and writ granted, when.

On amended petition for reinstatement.

Attorneys at law—Misconduct—Reciprocal discipline from Connecticut—Public reprimand–Gov.Bar R. V(11)(F)(4).

Prohibition—Writ sought to prevent Tuscarawas County Board of Elections from submitting issues proposing the repeal of voter-approved levies for the Newcomerstown Exempted Village School District to the electorate at the November 6, 2001 general election—–Writ denied, when—–Laches defense applicable to prohibition claims in expedited election matters.

Habeas corpus sought to compel relator's release from prison—Court of appeals' dismissal of petition affirmed, when.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Failing to maintain complete records of client funds in lawyer's possession and render appropriate accounts—Engaging in conduct prejudicial to the administration of justice—Withdrawing from employment before taking reasonable steps to avoid prejudice to the client and delivering to client all property to which client is entitled—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Public reprimand—Neglect of an entrusted legal matter—Attempting to handle a legal matter without preparation adequate in the circumstances.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct adversely reflecting on fitness to practice law—Failing to act competently—Failing to appear at disciplinary hearing.

Mandamus—Application for attorney fees and costs—Relator awarded attorney fees and a refund in costs—Relator's request for additional attorney fees denied.

Appeal dismissed as improvidently allowed.

Criminal law—All time served in a community-based correctional facility constitutes confinement for purposes of R.C. 2967.191.

Prohibition—Motion for reconsideration of court's decision granting writ—Motion granted—Opinion vacated and cause dismissed.

Appellate procedure—Application to reopen appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Court of appeals' denial of application affirmed, when—Application denied when applicant fails to raise a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal as required by App.R. 26(B)(5).

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Public records—Mandamus sought to compel Hamilton County Administrator et al. to grant relator access to the cost-overrun records relating to the construction of Paul Brown Stadium—Court of appeals' grant of writ and award of attorney fees affirmed.

Constitutional law—Education—Schools—School-funding formula—Motion to reconsider DeRolph III—Motion to reconsider granted–Matter referred to settlement conference presided over by master commissioner pursuant to S.Ct.Prac.R. XIV(6)(A) before court's ruling on merits of arguments in motion for reconsideration.

Judges—Affidavit of disqualification—Judge was subject of series of critical articles, columns, and editorials in newspaper relative to his conduct and extended absence from the bench—Judge's failure to respond to allegations of bias and prejudice may result in judge's disqualification to avoid the appearance of impropriety.

Judges—Affidavit of disqualification—Attorney's prior participation in a judge's campaign committee is not grounds for disqualification of the judge from cases involving that attorney—Campaign involvement occurred twenty-three years previously.

Judges—Affidavit of disqualification—Delay in ruling by judge on objections to magistrate's decision not shown to be product of bias or prejudice, despite alleged adverse consequences to affiant's client.

Judges—Affidavit of disqualification—Absent extraordinary circumstances, judge will not be disqualified after having presided over lengthy proceedings in a pending case—Affiant was recently retained to represent plaintiff and should have been aware of prior disqualification orders.

Judges—Affidavit of disqualification—Affidavit not timely filed, when.

Judges—Affidavit of disqualification—Affidavit of disqualification not timely filed.

Judges—Affidavit of disqualification—Judge who participated in ex parte communication is not disqualified when conversation was initiated by defense counsel and addressed only procedural matters related to an upcoming hearing—No bias or prejudice shown.

Judges—Affidavit of disqualification—Judge who presides over pretrial bail hearing pursuant to R.C. 2937.222 is not disqualified from presiding at trial, when.

Judges—Affidavit of disqualification—Judge not disqualified after conversing with father of juvenile litigants when father initiated the telephone conversation and judge appropriately limited the substance of the conversation.

Judges—Affidavit of disqualification—Judge not disqualified by mere fact that he is newly designated to preside over a case from which another judge has recused himself and chooses to discuss with the parties issues that may have been addressed by the predecessor judge—Appeal may be appropriate remedy.

Judges—Affidavit of disqualification—Judge disqualified when there is a significant likelihood that she will be called to testify as witness in subsequent proceedings about her actions in current case after she learned about possible juror misconduct—Canon 3(E)(1)(d)(v) and Evid.R. 605.

Judges—Affidavit of disqualification—Judge's communications with court of appeals while case in which she presided is pending on appeal are not evidence of bias or prejudice, when.

Judges—Affidavit of disqualification—Judge will not be disqualified based on vague and unsubstantiated claims of ex parte communications.

Judges—Affidavit of disqualification—Judge's receipt and consideration of unsolicited letters that relate solely to defendant's request for a continuance are not evidence of bias or prejudice—General Assembly has required that judges consider the objections of crime victims to a request for continuance—R.C. 2930.08.

Judges—Affidavit of disqualification—Affidavit not timely filed.

Judges—Affidavit of disqualification—Judge's receipt of anonymous letter that defendant wants admitted at trial is not reason for disqualifying judge, when.

Attorneys at law—Misconduct—Reciprocal discipline from California—Six-month suspension stayed with two-year probation on conditions—Gov.Bar R. V(11)(F)(4).

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

Constitutional law—Education—School funding—Attorney General's request for clarification of Supreme Court's November 16, 2001 order and request for a status conference denied.

On application for reinstatement.

Attorneys at law—Misconduct—Permanent disbarment—Neglect of 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 render appropriate accounts to client—Failing to promptly pay or deliver to client funds, securities, or other property client is entitled to receive—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to comply with known local customs of courtesy or practice of the bar or particular tribunal without giving notice—Engaging in undignified or discourteous conduct which is degrading to a tribunal—Intentionally or habitually violating any established rule of procedure or of evidence—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter which attorney knows or should know he is not competent to handle—Engaging in conduct prejudicial to the administration of justice.

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 adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Engaging in conduct prejudicial to the administration of justice—Entering into an agreement for, charging, or collecting an illegal or clearly excessive fee—Handling a legal matter without adequate preparation—Concealing or knowingly failing to disclose that which is required by law to be revealed—Failing to maintain complete records of all funds coming into lawyer's possession and render appropriate accounts thereof—Practicing in a jurisdiction where doing so is in violation of the regulations of that jurisdiction—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Handling a legal matter not competent to handle—Handling a legal matter without adequate preparation—Neglect of an entrusted legal matter—Failing to seek the lawful objectives of a client—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for mail fraud conspiracy—Providing insider settlement information to attorneys who represented plaintiffs against insurance company in exchange for kickbacks.

Attorneys at law—Misconduct—Six-month suspension with entire sanction stayed—Commingling client funds with personal funds—Failing to maintain complete records of all funds coming into lawyer's possession and render appropriate accounts thereof.

Attorneys at law—Misconduct—Indefinite suspension—Conviction for mail fraud conspiracy—Settling case with insurance company based on insider information obtained in exchange for a kickback at the conclusion of the case.

Motion to dismiss granted.

On application for reinstatement.