Slip opinions decided 2002 — Ohio Public Domain Citations

Public construction — Modified Eichleay formula is one way of determining unabsorbed home office overhead damages in public construction delay cases — Courts applying modified Eichleay formula must allow owners opportunity to dispute particular items contractor submits in an overall overhead cost presentation.

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

Judges — Misconduct — Six-month suspension including suspension from judicial office without pay for the term of the suspension — Failing to uphold the integrity and independence of the judiciary — Failing to comply with the law and act in a manner that promotes public confidence in the integrity of the judiciary — Failing to disqualify himself when he knows he is likely to be a material witness — Failing to be faithful to the law and maintain professional competence — Use of outdated statute or rule book at sentencing — Failing to dispose of all judicial matters promptly, efficiently, and fairly — Engaging in conduct prejudicial to the administration of justice — Failing to perform the duties of the office impartially and diligently — Engaging in ex parte communications — Failing to disqualify himself when his impartiality might reasonably be questioned.

Workers' compensation — Alleged violation of a specific safety requirement — Court of appeals' judgment that violation of Ohio Adm.Code 4121:1-5-02(D)(1) occurred reversed, when.

Taxation — Sales tax — Sales tax applies to payments that are required as a condition precedent to membership in a country club and that have the characteristics of either a loan or an equity contribution.

Insurance — Underinsured motorist coverage — Insured gives underinsurance carrier notice of a tentative settlement prior to release — Release will not preclude recovery of underinsurance benefits, when — Insured satisfies exhaustion requirement in underinsured motorist provision in insurance policy, when.

Taxation — Real property — Public improvements — Board of Tax Appeals' decisions finding that Union Township correctly followed the Revised Code in establishing tax increment financing for improvements for several roads in the township affirmed.

Employment relations — Ohio public policy favoring workplace safety is an independent basis upon which a cause of action for wrongful discharge in violation of public policy may be prosecuted — Common-law cause of action against employer who discharges employee in violation of public policy favoring workplace safety is subject to four-year limitations period in R.C. 2305.09(D).

Public records — Mandamus sought to compel Mayor of East Cleveland to provide relator, a defendant in a criminal proceedings, access to a police incident report describing alleged misconduct by relator — Preemptory writ granted — Attorney fees granted, when.

Criminal law — Defendant asserting self-defense cannot introduce evidence of specific instances of a victim's conduct to prove that the victim was the initial aggressor — Evid.R. 404(A) and 405, construed and applied.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation — Court of appeals' judgment affirmed.

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

Workers' compensation — Court of appeals' judgment affirmed.

Workers' compensation — Court of appeals' judgment affirmed.

Criminal law—Domestic violence—Assertion of self-defense by defendant—Court of appeals' judgment vacated and cause remanded for consideration of State v. Barnes.

Attorneys at law—Misconduct—Public reprimand—Aiding a nonlawyer in the unauthorized practice of law—Sharing legal fees with a nonlawyer—Engaging in conduct prejudicial to the administration of justice.

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 promptly deliver to client funds or property to which client is entitled—Neglecting or refusing to assist or testify in disciplinary investigation or hearing.

Attorneys at law—Misconduct—Permanent disbarment—Pattern of taking client retainers and failing to carry out contracts of employment.

Attorneys at law—Appeal from denial of application to take July 2000 Ohio Bar Examination—Appeal from disapproval of application denied—Applicant allowed to reapply for July 2002 bar examination at which time Dayton Bar Association will address concerns regarding applicant's indebtedness and his plans for liquidating his debt.

Attorneys at law—Misconduct—Public reprimand—Failing to cooperate in disciplinary investigation.

Workers' compensation—Court of appeals' judgment affirmed.

Taxation—Real property—Appeal of county auditor's valuation to board of revision—Failure of property owner to appear at hearing is proper ground for dismissal of complaint—LCL Income Properties v. Rhodes, followed.

Appeal dismissed as improvidently allowed.

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 meet his burden to demonstrate that there is 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—Industrial Commission did not abuse its discretion in denying VSSR claim when it refused to construe a skylight as a roof opening for purposes of former Ohio Adm.Code 4121:1-3-04(D)(3).

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation—Surgeon's voluntary limitation of income—Industrial Commission did not abuse its discretion in denying application for wage-loss compensation, when.

Workers' compensation—Mandamus sought to determine relator's rights under his professional-football-player-employment contract vis-à-vis R.C. 4123.56(C) or alternatively a declaration of R.C. 4123.56(C)'s constitutionality or unconstitutionality—Writ denied when relator has adequate remedy in the ordinary course of the law by way of a declaratory judgment action.

Taxation—Franchise tax—Petition for reassessment—Taxpayer seeking refund of an overpayment of franchise tax must file an application for refund—R.C. 5733.11, construed and applied

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 show the existence of a genuine issue as to whether he had been denied the effective assistance of counsel on appeal as required by App.R. 26(B)(5).

Attorneys at law—On application for reinstatement—Gov.Bar R. V(6)(B)(3)—Respondent reinstated.

Mandamus sought to compel Cuyahoga County Court of Common Pleas to vacate relator's judgment of conviction and sentence—Dismissal of complaint by court of appeals for failure to comply with R.C. 2969.25(A) affirmed.

Workers' compensation—Industrial Commission's denial of application to reconsider its orders terminating applicant's temporary total disability compensation affirmed, when.

Workers' compensation—R.C. 4123.57(B), scheduled loss compensation for a digit, construed and applied.

Torts—If plaintiff proves breach of contract but fails to prove actual damages resulting from breach, trial court may enter judgment for plaintiff and award nominal damages.

Taxation—Dividends paid by real estate investment trust to its shareholders are not tax deductible as "ordinary and necessary expenses" under Columbus City Code 361.09.

Motor vehicles—Insurance—Uninsured/underinsured motorist coverage—Applicability of antistacking provision in multiple policy family—Intrafamily stacking of insurance policies does not occur, when.

Criminal law—Aggravated murder of a prison guard—Death penalty reversed and cause remanded for new trial, when—Under former R.C. 2945.37(A), now subsection (B), trial court must hold a competency hearing, when—An evidentiary competency hearing is constitutionally required, when.

Attorneys at law — Application to take Ohio Bar Examination denied when applicant fails to demonstrate his character and fitness for admission to practice law by clear and convincing evidence as required by Gov.Bar R. I(12)(C)(6) — Applicant permanently denied right to apply for admission to bar of Ohio.

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

Judges — Misconduct — Public reprimand — Accepting football tickets from attorney who has come or is likely to come before the judge — Failing to avoid appearance of impropriety — Failing to file complete and timely financial disclosure statements.

Attorneys at law — Misconduct — Two-year suspension commencing on May 23, 2000 — Convictions for having an unlawful interest in a public contract, conflict of interest, and conspiracy to commit mail fraud.

Attorneys at law — Misconduct — One-year suspension stayed with conditions — Engaging in conduct adversely reflecting on fitness to practice law — Failing to promptly deliver to client funds or property to which client is entitled — Failing to maintain complete records of client funds and render appropriate accounts thereof.

Attorneys at law — Misconduct — Permanent disbarment — Conviction of a felony.

Attorneys at law — Misconduct — Indefinite suspension — Neglect of an entrusted legal matter — Prejudicing or damaging client during course of professional relationship — Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation — Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Attorneys at law — Misconduct — Indefinite suspension — Neglect of an entrusted legal matter — Failing to maintain complete records of all client funds coming into lawyer's possession and render appropriate accounts thereof — Failing to promptly deliver to client funds or property to which client is entitled — 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 — Neglecting or refusing to assist or testify in a disciplinary investigation or hearing — Previous suspension from practice of law.

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

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

Physician and patient — Physician-patient relationship can be established between a physician who contracts to provide resident supervision at a teaching hospital and a hospital patient with whom the physician had no direct or indirect contact.

Attorneys at law — Misconduct — Indefinite suspension — Engaging in conduct adversely reflecting on fitness to practice law — Neglect of an entrusted legal matter — Prejudicing or damaging client during course of professional relationship — Neglecting or refusing to assist or testify in a disciplinary hearing or investigation.

Attorneys at law — Misconduct — Indefinite suspension — Pattern of chronic neglect.

Workers' compensation — Court of appeals' judgment affirmed.

Mandamus sought to compel law firm to remove relator's surname from the firm's name after he left firm — Court of appeals' dismissal of complaint affirmed.

Mandamus and procedendo sought to compel Court of Claims to rule on merits of relator's motion for court review of the administrative determination of his claim to recover replacement value of missing property and to compel the Mansfield Correctional Institution to permit him to replace personal property that the prison either lost or destroyed — Court of appeals' denial of writs affirmed.

Taxation — Estate tax — Value of gross estate includes value of a rollover IRA decedent purchased and to which decedent's employer did not directly contribute by reason of decedent's employment — R.C. 5731.09(A), construed and applied.

Taxation — Sales tax on purchases of trucks, truck parts, and containers that are placed on the trucks for hauling waste materials by company in the business of collecting and transporting waste, refuse, and trash from customers' commercial, construction, and industrial sites for disposal in its landfills — Exemptions — R.C. 5739.02(B)(32) — Board of Tax Appeals' denial of applications for refund and reassessment of sales and use taxes from 1988 to 1996 affirmed — Private waste hauling company is not engaged in highway transportation of other's property for hire.

Workers' compensation — Pursuant to R.C. 4123.512(F), reasonable videotaped deposition expenses may be taxed as costs and awarded to a successful workers' compensation claimant in an action brought pursuant to R.C. 4123.512.

Taxation — Tax audit — Taxpayer rights — Exhaustion of administrative remedies in R.C. Chapter 5717 is not required to bring an action pursuant to R.C. 5703.54 — Court of appeals' interpretation of what types of actions can be redressed under R.C. 5703.54, as well as its finding that Ohio Department of Taxation violated R.C. 5703.54, reversed.

Torts — Wrongful death — Employer hires independent contractor to provide armed security guards to protect property — Inherently dangerous work exception — If someone is injured by weapon as a result of a guard's negligence, employer is vicariously liable even though guard responsible is an employee of the independent contractor.

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

Appellate procedure — Motion for clarification of a final order does not affect the time requirements for filing a notice of appeal.

Attorneys at law - Misconduct - Two-year suspension with second year of sanction stayed with conditions - Engaging in a course of conduct in which attorney participated in sham settlement negotiations and agreed to false stipulations to the detriment of the client and did not stop this conduct until confronted by client.

Attorneys at law — Misconduct — Permanent disbarment — Conviction of mail fraud, bank fraud, and attempted tax evasion — Failure to make restitution to all victims of attorney's crimes — Disbarment from Bar of Pennsylvania.

Attorneys at law — Misconduct — Indefinite suspension — Exhibiting a cavalier attitude towards the representation of clients and the ensuing disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Failing to promptly deliver to client funds or property to which the client is entitled—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Attorneys at law—Misconduct—Indefinite suspension with no credit for time served under prior suspensions—Continuing to practice law while suspended.

Workers' compensation—R.C. 4123.68(W) as applied to firefighters does not violate Equal Protection Clause.

Workers' compensation—Specific safety requirements—Pneumatic press—Industrial Commission order denying VSSR award not an abuse of discretion when supported by "some evidence"—Ohio Adm.Code 4121:1-5-11(E)—"Operating cycle," construed and applied.

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility—Temporary total disability compensation ordered by Supreme Court in a manner consistent with State ex rel. Gay v. Mihm, when Industrial Commission has already ruled on the sufficiency of claimant's medical evidence and did so in claimant's favor.

Civil procedure—Filing of a class action tolls the statute of limitations as to all members of the class who would have been parties had the suit been permitted to continue as a class action—Torts—Defective products—Pedicle screw/Rogozinski System.

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

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

Elections—Initiative petitions—Mandamus sought to compel City Clerk of Columbus to serve a certified copy of Columbus Ordinance No. 1760.01 concerning protection and preservation of the Big Darby watershed on the Franklin County Board of Elections—Writ granted, when.

Attorneys at law—Misconduct—Public reprimand—Filing an action to recover medical insurance company's subrogation interest without its knowledge or permission.

Judges—Misconduct—Public reprimand—Meeting with State Highway Patrol officers and asking officers to keep number of traffic tickets level so court costs would not need to be raised.

Attorneys at law—Misconduct—Permanent disbarment—Lying to friend and taking advantage of friend's mental disability by taking $34,000 for legal services not performed—Conviction for wilful failure to provide information to the Internal Revenue Service.

Attorneys at law—On application for reinstatement—Gov.Bar R. V(6)(B)(3)—Respondent reinstated.

Attorneys at law—Petition for reinstatement granted with conditions.

Attorneys at law—Misconduct—Six-month suspension with entire sanction stayed—Engaging in conduct adversely reflecting on fitness to practice law.

Attorneys at law—Misconduct—Public reprimand—Neglecting entrusted legal matters.

Attorneys at law—Misconduct—Reciprocal discipline from Michigan—One-hundred-eighty-day suspension—Gov.Bar R. V(11)(F)(4).

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Failing to promptly return clients' funds or other property—Failing to cooperate in investigation of grievance.

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

Attorneys at law—Misconduct—Permanent disbarment—Conviction of interstate transportation of stolen lap-top computers, in violation of Section 2314, Title 18, U.S.Code.

Attorneys at law—Misconduct—Eighteen-month suspension with entire sanction stayed with condition—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of entrusted legal matters.

Attorneys at law—Misconduct—Two-year suspension with second year stayed with conditions—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter in which attorney is not competent—Handling matter without adequate preparation—Neglect of an entrusted legal matter—Charging clearly excessive fee—Failing to seek lawful objective of client—Prejudicing client during course of representation.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of entrusted legal matters—Intentionally failing to seek lawful objectives of client—Failing to carry out contracts for professional employment—Prejudicing or damaging clients during course of professional relationship—Withdrawing from employment before taking reasonable steps to avoid prejudice to client and delivering to client all property to which client is entitled—Entering into a business transaction with a client with differing interests without client's consent after full disclosure to client—Continuing multiple employment where judgment for one client will be adversely affected by representation of another client—Failing to cooperate in disciplinary investigation.

Attorneys at law–Complaint charging attorney with practicing law while under suspension dismissed, when.

Attorneys at law—On petition for reinstatement—Gov.Bar R. V(10)(F)—Respondent reinstated.

Appellate procedure—Court of appeals' judgment affirmed—Motions to strike, to certify the record to the United States Supreme Court, and to reverse and remand denied.

Appeal dismissed as improvidently allowed.

Court of appeals' judgment reversed—Vacating of a summary judgment is a final appealable order.

Appeal dismissed as improvidently allowed.

Civil procedure—Frivolous conduct in civil actions—Pursuant to R.C. 2323.51, an aggrieved party has option of filing a sanctions motion anytime prior to commencement of trial or within twenty-one days of final judgment—R.C. 2323.51, construed—General jury demand included within a complaint applies to issues raised in a compulsory counterclaim even if complaint is later voluntarily dismissed.

Workers' compensation—Disciplinary orders issued by the Self-Insuring Employers Evaluation Board pursuant to R.C. 4123.352(C) are not subject to judicial review under R.C. 119.12 of the Administrative Procedure Act.

Workers' compensation—Application for permanent total disability compensation cannot be denied on ground that claimant rejected a bona fide job offer, when—Ohio Adm.Code 4121-3-34(D)(1), construed and applied.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—Indefinite suspension—Convictions for obstructing justice, forgery, tampering with records, tampering with evidence, and dereliction of duty.

Attorneys at law—Misconduct—Two-year suspension with entire sanction stayed on conditions—Failing to file bankruptcy for numerous clients after accepting fees to do so.

Taxation—Estate tax—Individual retirement account—Value of gross estate—Court of appeals' judgment affirmed on authority of In re Estate of Roberts.

Elections—Prohibition—Writ sought to prevent Licking County Board of Elections, its chairman, and its members from submitting Etna Township Resolution 01-12-03-03 involving rezoning to a referendum at the May 7, 2002 election—Complaint dismissed, when.

Attorneys at law—On application for reinstatement—Gov.Bar R. V(5)(B)(3)—Respondent reinstated.

Elections—Mandamus sought to compel Lucas County Board of Elections and its members to conduct a special election on May 7, 2002, for the unexpired term of office for the District 4 Member of the Toledo City Council—Writ granted, when.

Attorneys at law—Kala test does not apply in determining whether attorney should be disqualified because nonattorney employee was formerly employed by attorney or firm representing an opposing party—Analysis to be used by court in ruling on motion to disqualify attorney based on attorney's employment of a nonattorney once employed by the attorney requesting an opposing party—Civil procedure—Pursuant to Civ.R. 32(A)(3)(e), prior testimony of a doctor in the same case may be submitted in a new trial as if it were deposition testimony.

Criminal law—Search and seizure—When police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.

Criminal law—Where law enforcement officer, acting outside statutory territorial jurisdiction, stops and detains a motorist for an offense committed and observed outside officer's jurisdiction, the seizure of the motorist by the officer is not unreasonable per se under the Fourth Amendment—Officer's statutory violation does not require suppression of all evidence flowing from the stop.

Unauthorized practice of law—Respondent corporation held in contempt for failing to comply with Supreme Court's April 26, 2001 subpoena—Respondent corporation ordered to comply with relator's subpoena regarding its investigation of whether the corporation was engaged in the unauthorized practice of law—Actions intervening respondent required to do in order to purge himself of contempt.

Taxation—Use tax—Resale exception—R.C. 5739.01(E)(1) not applicable to company that uses technicians supplied by a temporary employment service to satisfy maintenance and repair contracts for products sold to its customers.

Public Utilities Commission—Electric utilities—Taxation—Public Utilities Commission's decision of effective date of excise tax credit rider affirmed when supported by sufficient probative evidence.

Taxation—Sales and use taxes—Taxpayer who provides electronic information services to an affiliate qualifies as a "provider of electronic information services" under R.C. 5739.071 and may be entitled to twenty-five percent refund of sales and use taxes paid for items used to provide those services.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Workers' compensation—Industrial Commission's termination of claimant's permanent total disability compensation while earning a weekly salary as a licensed minister upheld by court of appeals—Court of appeals' judgment affirmed.

Workers' compensation—Industrial Commission does not abuse its discretion in refusing to adjust claimant's average weekly wage, when.

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

Mandamus sought to direct common pleas court judge not to disclose child abuse records—Dismissal of complaint affirmed.

Criminal law—Search and seizure—Search of passenger compartment of automobile after lawful custodial arrest of occupant of automobile—Court of appeals' judgment reversed and cause remanded to trial court on authority of State v. Murrell.

Criminal law—Court of appeals' judgment reversed and cause remanded to apply State v. Weideman.

Appeal dismissed as improvidently allowed.

Workers' compensation—Application filed asserting violations of specific safety requirements against open-pit sand and gravel mine and plant—Applicability of Ohio Adm.Code Chapters 4121:1-5 and 4121:1-3.

Criminal law—Search and seizure—When officers, having identified themselves, are in hot pursuit of a suspect who flees to a house to avoid arrest, police may enter without a warrant, regardless of whether offense for which suspect is being arrested is a misdemeanor.

Criminal law—Aggravated murder—Sentence of death upheld following remand, when.

Mandamus sought to compel city of Mayfield Heights et al. to commence appropriation proceedings to determine the amount for the city's temporary taking of relator's property—Writ granted, when.

Unauthorized practice of law—Individual not licensed to practice law in Ohio who purports to negotiate legal claims on behalf of others and advises persons of their legal rights and the terms and conditions of settlement is engaged in the unauthorized practice of law—Engagement in the unauthorized practice of law enjoined.

Habeas corpus sought to compel relator's release from prison—Dismissal of petition affirmed—Mandamus sought to have relator's records revised to reflect his correct release date due to good-time credits—Dismissal of complaint affirmed.

Workers' compensation—Industrial Commission did not abuse its discretion in authorizing surgery to alleviate claimant's pain, which self-insured employer refused to authorize, when.

Public Utilities Commission—Electric utilities—Competition in retail electric market as required by 1999 Am.Sub.S.B. No. 3—R.C. 4928.31—Commission's order approving stipulations among parties relating to CG&E's transition plan and the plan itself affirmed, when.

Appellate procedure—Application to reopen appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to 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—Violation of a specific safety requirement—Applicability of Ohio Adm.Code 4121:1-5-13(F)(1)(d) to straddle truck used to carry loads of pipe, lumber, and other long materials.

Unauthorized practice of law—Individual not licensed to practice law in Ohio represented individual regarding legal claims and executed a legal services contract and fee agreement for his services—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Concealing or knowingly failing to disclose that which attorney is required by law to reveal while representing a client—Knowingly making a false statement of law or fact—Using letterhead implying partnership with another attorney.

Attorneys at law—Misconduct—Indefinite suspension—Failing to promptly deliver to client funds to which client is entitled—Engaging in conduct adversely reflecting on fitness to practice law—Failing to maintain complete records of all client funds and render appropriate accounts thereof—Neglect of an entrusted legal matter—Damaging or prejudicing client during course of professional relationship—Failing to carry out contract of professional employment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law—Misconduct—Indefinite suspension with no credit for time served under previous suspension—Conviction for pretty theft—Petitioning for reinstatement and not informing court of felony theft charges or conviction for petty theft.

Unauthorized practice of law—Individual not licensed to practice law in Ohio files pleadings on behalf of a company—Engagement in the unauthorized practice of law enjoined.

Habeas corpus—Relief denied when adequate remedy existed on direct appeal—Claim not raised in direct appeal—Petition denied.

Workers' compensation—Application for wage-loss compensation pursuant to R.C. 4123.56(B)—Industrial Commission grants wage-loss compensation even though claimant failed to present evidence of any job search—Court of appeals' finding that commission abused its discretion without first determining whether claimant performed a good-faith job search and returning cause to commission for consideration of that issue and an amended order reversed, when—Industrial Commission ordered to vacate its order granting wage-loss compensation pursuant to State ex rel. Gay v. Mihm.

Workers' compensation—Prerequisites necessary to the proper exercise of continuing jurisdiction by Industrial Commission—State ex rel. Nicholls v. Indus. Comm. and State ex rel. Foster v. Indus. Comm., applied.

Employer and employee—Arbitration—Arbitrator exceeded his authority by relying on rules extraneous to the collective bargaining agreement to determine the eligibility of union employees to receive paid injury leave for carpal tunnel syndrome, when—Arbitration award vacated, when—R.C. 2711.10(D), applied.

Arbitration—Labor relations—Court of appeals judgment reversed and arbitrator's award reinstated on authority of Warren Edn. Assn. v. Warren City Bd. of Edn. and Southwest Ohio Regional Transit Auth. v. Amalgamated Transit Union, Local 627.

Attorneys at law—Application to take Ohio Bar Examination denied when applicant fails to show by clear and convincing evidence that he possessed the character and fitness required for admission to practice law in Ohio—Applicant prohibited from applying for any bar examination earlier than the February 2004 bar examination.

Attorneys at law—Misconduct—Permanent disbarment—Paying money to a judge before whom attorney appeared as counsel—Handling a legal matter without preparation adequate in the circumstances—Neglect of an entrusted legal matter—Failing to carry out contract of professional employment—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Failing to seek client's lawful objectives—Failing to carry out contract of professional employment—Failing to account for or return client's funds—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct adversely reflecting on fitness to practice law—Engaging in conduct involving moral turpitude—Engaging in conduct prejudicial to the administration of justice—Neglect of an entrusted legal matter—Failing to carry out contract of professional employment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Neglecting or refusing to assist in disciplinary investigation—Commingling client funds with personal funds.

Unauthorized practice of law—Individual not licensed to practice law in Ohio prepared two quitclaim deed forms for another individual—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Public reprimand—Neglect of an entrusted legal matter—Handling legal matter without adequate preparation

Attorneys at law—Misconduct—One-year suspension with credit for time served—Failing to fulfill purpose of mentorship imposed at previous disciplinary proceeding—Engaging in conduct indicating inability to function as a professional lawyer in a courtroom or afford clients adequate representation—Failure to pay costs imposed at previous disciplinary proceeding.

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

Attorneys at law—On application for reinstatement—Respondent's suspension is stayed and he is placed on probation for eighteen months in accordance with Gov.Bar R. V(9).

Municipal corporations—Home rule—Requirements for statute to constitute a general law for purposes of home-rule analysis—Federal manufactured home construction and safety standards—Application of zoning laws—R.C. 3781.184(C) and (D) unconstitutional for violating Home-Rule Amendment, Section 3, Article XVIII, Ohio Constitution.

Attorneys at law—Monitoring attorney may not interfere with attorney-client privilege between respondent and his clients by reviewing privileged materials without the client's specific waiver of the privilege—Monitoring attorney's oversight limited to unprivileged matters.

Employer and employee—Intentional tort—Cause of action based upon an employer intentional tort accrues, when.

Employer and employee—Requirements employee must satisfy in order to prevail against employer for an intentional tort—Fyffe v. Jeno's, Inc., applied—Determining whether sufficient evidence exists to survive employer's motion for a directed verdict.

Criminal law—Sex offenses—Pandering obscenity involving a minor—Proper reading of R.C. 2907.321(A)(6) demonstrates the clear intent of the General Assembly to impose strict liability on the act of bringing child pornography into the state—R.C. 2907.321, construed and applied.

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

Townships—Zoning—Limitations on zoning power—Telecommunications towers—Broadcast radio station does not meet the requirements necessary for classification as a public utility for purposes of R.C. 519.211(A), when.

Criminal law—Importuning—R.C. 2907.07(B) is facially invalid under the Fourteenth Amendment to the United States Constitution and Section 2, Article I of the Ohio Constitution.

Domestic relations—Marriage—License application—R.C. 3101.05(A) does not require Social Security numbers from marriage license applicants who do not have a Social Security number.

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

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

Criminal law—Aggravated murder of five prison inmates during prison riot—Death penalty upheld, when.

Insurance—Duty of insurer to defend—Court of appeals' judgment reversed on authority of Willoughby Hills v. Cincinnati Ins. Co.

Workers' compensation—Court of appeals' judgment affirmed.

Appeal dismissed as improvidently allowed.

Prohibition - Second complaint for a writ sought to prohibit common pleas court judge from exercising further jurisdiction in an action involving an Ohio not-for-profit corporation - Court of appeals' denial of writ affirmed, when.

Schools—Mandamus sought to compel State Teachers Retirement System of Ohio to award relator disability retirement benefits based on claim of multiple chemical sensitivity syndrome—Court of appeals' denial of writ affirmed when relator fails to establish a clear legal right to disability retirement benefits or a corresponding clear legal duty on the part of STRS to provide them.

Civil procedure—Civ.R. 56—Supreme Court review of summary judgment ruling—Court of appeals' reversal of trial court's denial of railroad company's motion for summary judgment on plaintiff's inadequate-warning-device claim reversed, and trial court's judgment and jury verdict reinstated, when.

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

Attorneys at law—Misconduct—One-year suspension—Charging a clearly excessive fee—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Threatening to file criminal charges solely to obtain advantage in a civil matter—Prejudicing or damaging client during course of professional relationship—Withdrawing from employment before taking reasonable steps to avoid prejudice to client—Surreptitiously recording conversations with client's son and his attorney.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Municipal corporations—Streets and highways—Nuisance—Political subdivision tort liability—Edge drop at the berm of a road—Two-pronged test used to determine whether a condition in the right-of-way of a road should be deemed a nuisance for purposes of R.C. 2744.02(B)(3).

Workers' compensation—Application for permanent total disability compensation benefits—Industrial Commission's denial of claimant's request for deposition not unreasonable, when—Ohio Adm.Code 4121-3-09(A)(6)(d), construed and applied.

Workers' compensation—Claimant's activities in a workplace environment do not preclude temporary total disability compensation benefits, when.

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

Taxation—Complaint for reduction of taxable value—R.C. 5715.13 and 5715.19 as amended by 1998 Sub.H.B. No. 694 violate Section 28, Article II of the Ohio Constitution.

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

Workers' compensation—Denial of temporary total disability compensation by Industrial Commission—Court of appeals' return of cause to commission for further consideration, clarification, and an amended order for failure to comply with State ex rel. Noll v. Indus. Comm. requirements affirmed.

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

Ohio Uniform Commercial Code—Letters of credit—Requirement for a court of competent jurisdiction to enjoin the issuer of a letter of credit from honoring a presentation under R.C. 1305.08(B)—Uniform Customs and Practice for Documentary Credits will not replace the relevant provisions of R.C. Chapter 1305, when—R.C. 1305.08(B) is applicable to credit transactions made subject to the UCP, when—Injunctive relief under R.C. 1305.08(B) warranted in a letter of credit transaction, when—"Material fraud" under R.C. 1305.08(B), construed.

Attorneys at law—Misconduct—Indefinite suspension—Restitution to clients ordered—Failing to promptly deliver to client funds or property to which client is entitled—Failing to seek lawful objectives of client—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Neglect of an entrusted legal matter—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Domestic relations—Divorce—Spousal support—Benefits received by a member of the military under the Voluntary Separation Incentive program qualify as marital property under R.C. 3105.171 and as such are divisible upon divorce.

Public Utilities Commission—Electric companies—R.C. 4928.67—Contract or tariff providing for net energy metering—Commission's order modifying electric company's net-generator provisions in its transition plan regarding the utility's provision of competitive electric service in Ohio unreasonable and unlawful when the net-generator provisions complied with applicable statutory requirements and the commission's net-metering rule.

Civil procedure—Court of appeals' dismissal of complaint pursuant to Civ.R. 12(B)(6) against handgun manufacturers, trade associations, and handgun distributor under nuisance, negligence, and product liability theories of recovery reversed and remanded to trial court, when.

Mandamus sought to compel Ohio Adult Parole Authority to hold a decision-review panel hearing on its March 1997 decision to deny relator parole—Court of appeals' denial of writ affirmed

Mandamus sought to compel common pleas court judge to correct an entry of sentence in relator's criminal case—Court of appeals' denial of writ affirmed, when.

Unauthorized practice of law—Individual not licensed to practice law in Ohio prepared warranty deed conveying real estate and held herself out as an attorney at law in Ohio—Engagement in the unauthorized practice of law enjoined.

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—Withdrawing from representation without promptly refunding unearned advance fee—Neglect of an entrusted legal matter—Failing to carry out contract for professional employment—Failing to promptly deliver to client funds or property to which client is entitled—Neglecting or refusing to assist or testify in a disciplinary investigation—Failing to register with Supreme Court—Failing to meet continuing legal education requirements.

Insurance—Motor vehicle accident—Scope of tractor-trailer insurance coverage—Coverage is available on trailer under a federally mandated MCS-90 endorsement to insurance policy even though operator of the rig was not an insured under the terms of the trailer's main policy and even though there was no claim that the trailer owner was negligent.

Judgments—Interest—Plaintiff who enters into a confidential settlement agreement that has not been reduced to judgment is entitled to interest on the settlement, which becomes due and payable on the date of settlement—R.C. 1343.03(A) and (B), construed.

Attorneys at law—Misconduct—One-year suspension with credit for time served since March 30, 2001—Conduct prejudicial to the administration of justice—Conduct adversely reflecting on fitness to practice law.

Commercial transactions—R.C. 1302.98(C) is the saving statute to be applied to a commercial sales action.

Taxation—Real property valuation—Landlord and tenant cannot file separate complaints against same property during same interim period under R.C. 5715.19(A)(2).

Attorneys at law—Misconduct—Permanent disbarment—Fifteen distinct violations of the Disciplinary Rules during the administration of an estate—Failing to cooperate in a disciplinary investigation.

Workers' compensation—In the absence of a rule promulgated pursuant to procedures in R.C. Chapter 119, the Administrator of Workers' Compensation is without authority to refund or reduce premiums pursuant to R.C. 4123.32(A).

Unauthorized practice of law—Persons not licensed to practice law in Ohio filed petitions for writs of habeas corpus for others in Ohio courts—Power of attorney does not give person right to prepare and file pleadings in court for another—"Person" in R.C. 2725.04, construed—"Next friend" status analyzed—Engagement in the unauthorized practice of law is enjoined.

Contracts—Signatories to a contract may enforce an arbitration provision against a nonsignatory who seeks a declaration of the signatories' rights and obligations under the contract.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Fireworks—Negligence—Liability of city sponsoring fireworks display when spectator is killed after being hit by exploding firework shell—City not immune under theory of sovereign community under R.C. Chapter 2744 or R.C. 1533.18—Sponsoring a fireworks display is a proprietary function.

Employer and employee—Public employment—Department of Rehabilitation and Correction—Community-based correctional facility—Termination of employment.

Attorneys at law—Misconduct—Six-month suspension with entire sanction stayed on condition that attorney make full restitution to client—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Failing to promptly deliver funds or property to which the client is entitled.

Criminal law—Defendant charged with a crime punishable by death who has waived his right to trial by jury must have his case heard and decided by a three-judge panel even if the state agrees that it will not seek the death penalty.

Attorneys at law—Resignation—Gov.Bar R. V(11)(G)(3).

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

Consumer protection—Telephone Consumer Protection Act—Existing customer can terminate an "established business relationship" by requesting to be placed on a "do not call" list.

Mandamus sought to compel State Employment Relations Board to vacate its dismissals of three cases alleging unfair labor practices by Portage Lakes Career Center Board of Education, find that there is probable cause to believe that the board committed the alleged unfair labor practices, issue complaints on those charges, and set the cases for hearing—Writ denied when relators have not satisfied their burden of proving that SERB acted in an unreasonable, arbitrary, or unconscionable manner in dismissing the cases.

Workers' compensation—Proof required to establish that an employer has committed an intentional tort against an employee—Court of appeals' judgment reversed on authority of Fyffe v. Jeno's, Inc. and cause remanded to trial court for further proceedings.

Appellate procedure—Cause dismissed for want of final appealable order—Court of appeals' judgment vacated, when.

Insurance—Continuous occurrence of environmental pollution triggers claims under multiple insurance policies—Insured entitled to source coverage from a single policy of its choice that covers all sums incurred as damages during the policy period—Pollution exclusion clause in insurance contract that bars coverage for expected or intended "emission, discharge, seepage, release or escape" of contaminating materials is triggered, when.

Prohibition—Writ sought to prevent common pleas court judge from exercising jurisdiction over a reformation claim in a pending breach-of-contract common pleas court action—Mandamus sought to compel common pleas court judge to comply with two previous decisions involving the same parties and to strike or dismiss the pending common pleas court action—Court of appeals' dismissal of complaints affirmed.

Taxation—Public utilities—Constitutionality of assessment rates prescribed in R.C. 5727.111(B)—Telephone company is not similarly situated to an interexchange telecommunications company for purposes of the Equal Protection Clauses of the Ohio and United States Constitutions.

Civil actions—Wrongful death—Settlement agreement not enforceable, when.

Attorneys at law—On application for reinstatement—Gov.Bar R. V(6)(B)(3)—Respondent reinstated.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed with conditions—Neglect of an entrusted legal matter—Failing to seek lawful objectives of client—Failing to carry out contract for professional services.

Attorneys at law—Misconduct—Indefinite suspension—Converting money entrusted by an institutionalized client—Failing to cooperate in disciplinary investigation.

Judges—Misconduct—Indefinite suspension—Receiving loans from attorneys who regularly appeared before respondent judge.

Attorneys at law—Misconduct—Two-year suspension with eighteen months stayed—Engaging in conduct prejudicial to the administration of justice—Advancing or guaranteeing financial assistance to client while representing client in connection with contemplated or pending litigation—Counseling or assisting client in illegal or fraudulent conduct—Neglect of an entrusted legal matter—Failing to promptly deliver funds or property to which client is entitled.

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Intentionally prejudicing or damaging client during course of professional relationship.

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Use of political pressure in improper attempt to influence judge's handling of pending case.

Attorneys at law—Misconduct—Indefinite suspension—Use of client funds deposited in attorney's client trust account.

Workers' compensation—Industrial Commission's award of wage-loss compensation vacated by court of appeals—Court orders commission to reconsider the evidence—Court of appeals' judgment reversed and commission's award of wage-loss compensation reinstated, when—Inconsistency in doctor's report due to bureau's form.

Workers' compensation—Ability to do any work warrants a denial of permanent total disability compensation benefits—Claimant who performs sustained remunerable activity without pay demonstrates that he or she is capable of doing the same work for remuneration.

Prohibition—Allegation of conflict of interest by county prosecutor in his representation of public officials—Writ sought to prohibit common pleas court judge from enforcing order permitting county auditor to engage outside counsel at county expense to represent her in a mandamus action—Court of appeals' grant of writ affirmed, when.

Workers' compensation—Court of appeals' judgment affirmed.

Interest—Settlement agreement—Court of appeals' judgment affirmed as to award of interest—Court of appeals' judgment of remand for an evidentiary hearing reversed—Interest to be computed from date of settlement, consistent with Hartmann v. Duffey.

Disciplinary cases - Miscellaneous dismissals - Administrative actions.

Merit decisions with opinions - Merit decisions without opinions - Motion and procedural rulings - Appeals accepted for review - Appeals not accepted for review - Reconsideration of prior decisions.

Motion and procedural rulings - Miscellaneous dismissals - Mediation referrals - Administrative actions.

Appeal dismissed as improvidently allowed.

Attorneys at law—Misconduct—One-year suspension with entire year of suspension stayed on condition of restitution of unearned retainer to client—Failure to adequately represent client—Failure to cooperate in disciplinary investigation.

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

Mandamus sought to compel juvenile court judge and juvenile detention center superintendent to immediately release relator from custody—Court of appeals' dismissal of complaint affirmed, when.

Real property—Former R.C. 5301.234 can be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute when the mortgage at issue in the bankruptcy case was recorded before the statute's effective date.

Writ of quo warranto ordering ouster of individual from office of East Cleveland Fire Chief denied, when—Fire fighters' association lacked standing to bring action—Claim time-barred by three-year period of R.C. 2733.35.

Mandamus sought to compel Ohio Department of Rehabilitation and Correction to compute relator's sentence and parole eligibility date based upon a 15-year aggregate minimum term of incarceration—R.C. 2929.41(E)(2)—Court of appeals' denial of writ affirmed.

Workers' compensation—R.C. 4123.52 forbids any award of compensation "for a back period in excess of two years prior to the date of filing application therefor"—Industrial Commission did not abuse its discretion in declining to construe claimant's additional allowance application as an application for compensation so as to toll the statute of limitations, when.

Appeal dismissed as improvidently allowed.

Mandamus and prohibition sought to compel common pleas court judge from exercising any jurisdiction in a noncompetition agreement case, to prevent the judge from adopting or enforcing a magistrate's decision, to vacate three of the judge's previous entries, and to dismiss the case—Court of appeals' dismissal of complaints for writs of prohibition and mandamus affirmed, when—Allegation of frivolous conduct—Trial court did not patently lack jurisdiction over motion for sanctions under Civ.R. 45(E).

Habeas corpus sought to compel relator's release from prison on parole—Court of appeals' denial of writ affirmed, when—Testing constitutionality of parole eligibility requirements not cognizable in state habeas corpus—Alleged breach of plea agreement not timely raised.

Unauthorized practice of law—Individuals not licensed to practice law in Ohio preparing documents and giving advice for filing documents to customers seeking to retain driving privileges or appealing administrative driver's license suspensions—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Two-year suspension with final year stayed on conditions—Communicating directly with another party in a juvenile proceeding about the substance of the case knowing that the other party was represented by counsel—Failing to cooperate in disciplinary process by ignoring several inquires concerning a grievance arising from attorney's actions.

Attorneys at law—Application to take Ohio Bar Examination denied so that Supreme Court has a longer period to evaluate applicant's ability to maintain the medication regimen and health necessary for the regulation of applicant's bipolar disorder—Applicant granted permission to reapply for February 2003 bar examination—Record of proceedings sealed.

Attorneys at law—Misconduct—Public reprimand—Having an ex parte communication with counsel for a party in a pending case assigned to appellate judge for whom respondent was a clerk.

Attorneys at law—Misconduct—Eighteen-month suspension with one year of sanction suspended on condition that attorney commit no further misconduct—Preparing inter vivos trusts for client and naming himself as a beneficiary.

Workers' compensation—Near ankylosis of hand and thumb—Industrial Commission's award of loss-of-use compensation pursuant to R.C. 4123.57(B) an abuse of discretion when there is no evidence to support the award.

Workers' compensation—Crushing injury to foot—Claimant's application for loss-of-use award denied—Industrial Commission's decision affirmed when supported by "some evidence"—Total loss of use not found by one doctor.

Attorneys at law—Misconduct—Public reprimand—Aiding a nonlawyer in the unauthorized practice of law by permitting a disbarred attorney employed by respondent to act as if he were licensed during depositions, at a pretrial conference, and with clients.

Change of name—Request to change surnames of same-sex, unmarried, cohabitating couple is reasonable and proper under R.C. 2717.01, when—R.C. 2717.01(A), construed and applied.

Attorneys at law—Misconduct—Public reprimand—Violating several provisions of the Code of Professional Responsibility while engaging in direct mail advertising of legal services.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Handling a legal matter not competent to handle—Handling a legal matter without adequate preparation—Neglect of an entrusted legal matter—Not depositing funds partially belonging to client and funds presently or potentially belonging to attorney in separate trust accounts and withdrawing attorney's portion before due—Failing to cooperate in disciplinary investigation or hearing.

Attorneys at law—On application for reinstatement—Gov.Bar R. V(6)(B)(3)—Respondent reinstated.

Trusts—Action to adjudicate existence of a constructive trust for which no formal trust instrument exists and to substitute a new trustee is not subject to requirement of R.C. 109.25 that Attorney General be served with process or summons by registered mail—Failure of original parties to serve Attorney General with process or summons in a proceeding does not necessarily render any judgment entered therein void unless the proceeding falls within R.C. 109.25(A) through (D)—Party seeking judicial recognition of either a constructive or a resulting trust bears the burden of producing clear and convincing evidence justifying it.

Criminal law—Aggravated murder of cellmate in correctional institution—Death penalty upheld, when.

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 effective assistance of counsel on appeal before the court of appeals as required by App.R. 26(B)(5).

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Workers' compensation—Court of appeals' judgment affirmed.

Appellate procedure—Court of appeals' decision in mandamus action ordering cause returned to magistrate for a determination on the merits appealed to Supreme Court—Appeal dismissed by Supreme Court for want of prosecution—Dismissal of mandamus action by court of appeals for lack of jurisdiction reversed and cause remanded to court of appeals for a consideration of the merits of relator's mandamus action.

Prohibition—Writ sought to prevent common pleas court judge from proceeding to trial in a removal and forfeiture of office case involving members of the Girard City School District Board of Education—Court of appeals' dismissal of complaint affirmed.

Criminal law—Appeals—Postconviction remedies—R.C. 2953.21 and 2953.23 do not govern a Crim.R. 32.1 postsentence motion to withdraw a guilty plea.

Employer and employee—Ohio does not recognize a cause of action for wrongful discharge in violation of public policy when the cause of action is based solely on a discharge in violation of the federal Family and Medical Leave Act, Section 2601 et seq., Title 29, U.S.Code.

Unauthorized practice of law—Person not licensed to practice law in Ohio filed complaints in the Cleveland Municipal Court, Housing Division, for forcible entry and detainer, as well as for recovery of past due rents on behalf of a property owner—Engagement in the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Indefinite suspension—Failing to comply with Supreme Court's orders in previous disciplinary actions—Engaging in conduct prejudicial to the administration of justice—Engaging in conduct adversely reflecting on fitness to practice law—Failing to return client's property—Failing to cooperate in a disciplinary investigation or hearing—Failing to file and update certificate of registration.

Attorneys at law¬ Misconduct—Indefinite suspension—Committing extortion while serving as a state senator—Conviction for interfering with commerce by extortion under color of official right in violation of Section 1951, Title 18, U.S.Code.

Motor vehicles—Driver's license—Requirements for driver's license to be suspended or revoked pursuant to R.C. 4507.16(A)(1)(b)—R.C. 4507.16(A)(1)(b), construed.

Statutory construction—Absent a clear pronouncement by the General Assembly that a statute is to be applied retrospectively, a statute may be applied prospectively only—R.C. 1.48, applied—Criminal law—Statutory law in effect at the time of the filing of an R.C. 2953.32 application to seal a record of conviction is controlling.

Employer and employee—Public employment—System of awarding compensatory time for extra hours worked and deducting compensatory time for hours absent does not destroy an employee's salaried exempt status, when.

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 before the court of appeals as required under App.R. 26(B)(5).

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

Taxation—Real property valuation—Boards of revision must certify their actions to all persons listed in R.C. 5715.20, including the Tax Commissioner, to start the running of the appeal time set forth in R.C. 5717.01—Requirements of R.C. 5715.20 are mandatory.

Civil actions—Parties—Medical malpractice—Pursuant to R.C. 1329.10(C), a plaintiff may commence or maintain an action against a party named only by its fictitious name.

Workers' compensation—Court of appeals' judgment affirmed.

Criminal law—Sex offenders—Confrontation Clauses of Sixth Amendment to United States Constitution and Section 10, Article I of the Ohio Constitution do not apply to R.C. Chapter 2950—Due Process Clauses of the Fourteenth Amendment to the United States Constitution and Section 16, Article I of the Ohio Constitution do not require that trial court conduct a hearing to determine whether a defendant is a sexually oriented offender—Sexually oriented offender designation attaches as a matter of law, when.

State Teachers Retirement System—Death of contributor—Beneficiaries—Court may not impose a constructive trust upon the State Teachers Retirement System survivor benefits of a surviving spouse in favor of a former spouse who claims entitlement based on an award of retirement benefits in a divorce decree.

Public health—Health districts—General Assembly has not indicated any intent through R.C. 3709.21, or otherwise, to vest local boards of health with unlimited authority to adopt regulations addressing all public-health concerns—Administrative regulations cannot dictate public policy but can only develop and administer policy already established by the General Assembly—R.C. 3709.21 is a rules-enabling statute, not a provision granting substantive regulatory authority.

Custody—Pursuant to its authority under R.C. 2151.23(A)(2), a juvenile court may determine whether a shared custody agreement between partners in a same-sex relationship is in the best interests of the children.

Juvenile court—Juvenile court does not have jurisdiction to reimpose a suspended commitment to the Department of Youth Services facility after a juvenile has been released from probation.

Elections—Mandamus sought to compel Lorain County Board of Elections to reinstate its July 25, 2001 certification of signatures on a referendum petition, vacate and reverse its January 23, 2002 decision sustaining a protest of signatures on the part petition and to announce and certify the November 6, 2001 election results for the referendum on Ordinance No. 77-01—Writ denied, when.

Sovereign immunity—Public-duty rule—Judgment reversed and cause remanded to the court of appeals on authority of Wallace v. Ohio Dept. of Commerce.

Torts—Negligence—State may not raise the "public-duty rule" in an action in the Court of Claims alleging negligent inspection by the Ohio Department of Commerce, Division of the Fire Marshal, because public-duty rule is inconsistent with the express language of the Court of Claims Act.

Unauthorized practice of law—Paralegal without supervision of an attorney who advises and represents a claimant in a personal injury matter is engaged in the unauthorized practice of law—Further activities that might constitute the unauthorized practice of law enjoined.

Attorneys at law—Misconduct—Indefinite suspension with credit for time served under interim suspension—Conviction for perjury.

Change of name—Denial of request to change name by transsexual—Court of appeals' judgment reversed on authority of In re Bicknell.

Attorneys at law—On application for termination of probation—Gov.Bar R. V(9)(D)—Probation is terminated.

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).

Criminal law—Aggravated murder—Trial court grants defendant's motion to be sentenced in accordance with R.C. 2929.03(A)—Appeal by state—In light of R.C. 2945.67(A) requirements, court of appeals lacks subject-matter jurisdiction to review trial court's judgment entry.

Elections—Mandamus sought to compel Columbus City Clerk to submit referendum petition on Columbus City Ordinance No. 0754-02, which imposes an excise tax on the short-term rental of passenger vehicles in Columbus to the city council at its next regular meeting—Writ granted—Relator's request for attorney fees denied for want of four affirmative votes.

Criminal law—Appeals—Postconviction remedies—R.C. 2953.21 and 2953.23 do not govern a Crim.R. 32.1 postsentence motion to withdraw a guilty plea—Court of appeals' judgment reversed on authority of State v. Bush and cause remanded.

Attorneys at law—Misconduct—Indefinite suspension—Attorney neglected client, refused to cooperate in the investigation of that misconduct, and has since been indefinitely suspended from the practice of law in Ohio for similar conduct.

Workers' compensation—Mandamus sought ordering Bureau of Workers' Compensation to reimburse relator-employer for six years of premium overpayments—Court of appeals' denial of writ reversed and writ of mandamus issued ordering reimbursement of all funds improperly collected, when—"Premium" and "assessment," construed—Ohio Adm.Code 4123-17-17(C) does not bar full reimbursement of all funds wrongly taken by Bureau of Workers' Compensation.

Attorneys at law—Misconduct—Six-month suspension with suspension stayed on condition—Providing both legal and financial planning to clients without fully disclosing financial interest in advice provided.

Habeas corpus sought to compel relator's release from the Greene County Jail—Petition dismissed by court of appeals—Court of appeals' denial of motion for reconsideration affirmed, when.

Workers' compensation—Application for scheduled loss compensation under R.C. 4123.57(B) based on traumatic amputation of long finger allowed by Industrial Commission—Additional scheduled loss award sought for surgical removal of index finger for reattachment at long finger amputation site—Court of appeals' judgment affirming Industrial Commission's denial of amputation benefits for surgical amputation affirmed—Claimant still has useful, viable index finger even though not at its original site.

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).

Appellate procedure—Application to reopen appeal from judgment of conviction based on claim of ineffective 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—Workers' compensation claim abated by Industrial Commission of Ohio when claimant dies before award is made—Mandamus sought ordering Industrial Commission to vacate its order of abatement and to reactivate relator's claim for further proceedings to determine the amount of benefits owed to the widow claimant—Writ granted, when.

Civil procedure—Workers' compensation—Civ.R. 53(E)(3)(b), applied—Court of appeals' denial of motion for relief from judgment affirmed.

Attorneys at law—Misconduct—One-year suspension with six months of the suspension stayed on condition that attorney commit no further misconduct—Failing to deposit client funds in an identifiable trust account—Failing to keep records and appropriately account for client's funds—Conduct involving dishonesty, fraud, deceit, or misrepresentation—Conduct prejudicial to the administration of justice.

Attorneys at law—Misconduct—Two-year suspension—Neglecting to look after client's affairs as promised and then failing to disclose the neglect.

Attorneys at law—Misconduct—Six-month suspension with sanction stayed on conditions—Adding signatures to copy of a trust document for own records, mistakenly giving the altered copy to client's new attorney, and later failing to timely and completely account for the same client's trust assets.

Elections—Referendum sought to prevent city of Cleveland Heights ordinance that extends certain employment benefits to registered same-sex domestic partners of city employees from taking effect—Mandamus to compel clerk of council, inter alia, to determine the number of registered voters at the last general election for municipal officers to be 12,221 and to ascertain the sufficiency of the referendum based on that number—Writ denied, when.

Civil Rights Commission—R.C. 2305.19, the saving statute, applies to claims filed pursuant to R.C. Chapter 4112.

Public utilities—Electric companies—Public Utilities Commission's order eliminating restrictions on electricity resale and distribution by landlords to their tenants affirmed.

Mandamus and prohibition sought to prevent common pleas court judge from issuing, enforcing, or taking any further action concerning a restraining order she issued enjoining the Mayor of the city of Cleveland and his staff from using taxpayer funds to communicate with the public regarding the issue of city council raises—Complaint dismissed by court of appeals—Appeal to Supreme Court dismissed as moot.

Prohibition—Disqualification of judges—Writ sought to declare relator's conviction and sentence void and to prevent judge and municipal court from proceeding in the transferred criminal case—Court of appeals' grant of writ affirmed, when.

Attorneys at law—Misconduct—Indefinite suspension—Incompetently and dishonestly representing four separate clients and then resisting efforts to investigate that professional misconduct.

Motion for reconsideration granted in part and judgment modified in part.

Mandamus sought to compel Geauga County Board of Commissioners to conduct a hearing on village of Chagrin Falls's second petition to annex land from Bainbridge Township that the board previously denied—Court of appeals' dismissal of complaint affirmed, when.

Writs of prohibition, mandamus, and procedendo sought in an abuse and dependency case before the Juvenile Division of the Cuyahoga Count Court of Common Pleas—Orders of reference to magistrates—Juv.R. 40—Court of appeals' denial of writs affirmed, when.

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

Attorneys at law—Misconduct—One-year suspension with entire sanction stayed on conditions—Failing to cooperate in disciplinary process—Failing to communicate to a client attorney's professional misgivings about pursuing the client's employment-related claims and then not filing an action the client anticipated.

Taxation—Sales tax—Resort-area tax—R.C. 5739.101 does not violate the Uniformity Clause, Section 26, Article II of the Ohio Constitution—Tax on transporting persons or property to or from village of Kellys Island is constitutional.

Criminal law—Felony murder—R.C. 2903.02(B), construed and applied.

Motor vehicles—Insurance—Uninsured motorist coverage—A dollar amount awarded as prejudgment interest pursuant to R.C. 1343.03(C), when added to the dollar amount awarded as damages for the personal injury, may lawfully exceed the limit of the insured's uninsured motorist policy—An arbitration panel has the authority to award prejudgment interest—An arbitration panel, once it enters an award, has no authority to reconsider its decision.

Evidence—Witnesses—New trial is the appropriate remedy when an expert witness's testimony accompanying a videotape without audio is allegedly contradicted by a copy of the videotape with audio, even when the videotape with audio is not discovered until after the trial has been completed.

Criminal law—Conviction for aggravated murder for an offense that occurred 13 years prior to defendant's indictment and while he was still a minor—Conviction affirmed, when—Application of juvenile statutes in place at the time the state commenced criminal proceedings against defendant did not impair defendant's substantive rights within the meaning of Van Fossen v. Babcock & Wilcox Co. and its progeny—Ex Post Facto Clause or defendant's due process rights not violated.

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

Municipal corporations—Ordinance passed privatizing city of Westlake's trash collection services—Elections—Mandamus sought to compel city et al. to submit petition proposing amendment to city charter to use only public service employees for trash collection services to the Cuyahoga County Board of Elections and to have the proposed charter amendment placed on the November 5, 2002 general election ballot—Writ granted—Request for attorney fees granted.

Criminal law—Aggravated murder—Death penalty upheld.

Workers' compensation—Denial of application for temporary total disability compensation by Industrial Commission affirmed—Circumstances under which a claimant who voluntarily abandons his or her former position of employment or is fired under circumstances that amount to a voluntary abandonment of the former position will be eligible to receive temporary total disability compensation pursuant to R.C. 4123.56.

Workers' compensation—Application for permanent total disability compensation denied by Industrial Commission—Court of appeals' grant of writ of mandamus ordering an award of statutory permanent total disability compensation under R.C. 4123.58(C) affirmed—Claimant's right arm loss entailed separate entities of hand and arm entitling him to permanent total disability compensation.

Workers' compensation—State Insurance Fund—Occupational classifications—Bureau's reclassification of nonferrous metal foundry's classification number resulting in a higher premium affirmed, when.

Appeal dismissed as improvidently allowed.

Taxation—Use tax—Exemptions—R.C. 5739.02(B)(15) packaging exemption—Liquid propane delivery truck bobtail tanks are not packages within the meaning of R.C. 5739.02(B)(15) and therefore not exempt from use tax—Bulk tanks used to store liquid propane transferred from bobtail tanks cannot be considered packaging equipment for bobtail tanks and therefore not exempt under R.C. 5739.02(B)(15) as machinery or equipment used primarily in packaging tangible personal property sold at retail — Labor charges for installing and repairing the tanks and the equipment used to transfer the propane to and from the tanks not exempt from use tax.

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 demonstrate the existence of a genuine issue as to appellate counsel's effectiveness.

Public records—Mandamus sought to compel Worthington City Board of Education to provide access to requested public records in the future without delay in accordance with R.C. 149.43(B)(1)—Writ granted—Request for attorney fees granted.

Public utilities—Electric companies—Prohibition—Writ prohibiting common pleas court judge from exercising jurisdiction over respondent's fraud and rescission claims against electric company and those declaratory relief claims not involving indefiniteness and lack of consideration granted, when—Allegations of violations of R.C. Chapter 4905 and Public Utilities Commission regulations are within the exclusive initial jurisdiction of the commission.

Mandamus to compel municipal court judge to rule on relator's postjudgment motion to appoint an official court reporter—Dismissal of complaint affirmed.

Attorneys at law—Misconduct—Indefinite suspension—Failing to keep client's funds in a separate identifiable bank account—Failing to maintain complete records—Failing to cooperate in the disciplinary process.

Civil procedure—Civ.R. 54(B) applies in determining appealability to Supreme Court of orders in original actions entered by court of appeals—Appeal of court of appeals' order in mandamus action dismissed for lack of a final appealable order.

Mandamus sought to compel common pleas court judge to issue findings of fact and conclusions of law on relator's second petition for postconviction relief—Court of appeals' denial of writ affirmed.

Elections—Mandamus sought to compel Pickerington City Council et al. to place a proposed charter amendment on the November 5, 2002 election ballot—Writ denied, when—Petition did not fairly and substantially present the proposed charter amendment to the electorate—Violation of R.C. 731.31.

Attorneys at law—Misconduct—One-year suspension with six months of sanction stayed on condition that attorney commit no further violations of the Disciplinary Rules—Communicating with another attorney's clients without that attorney's knowledge—Advising client that she could avoid responsibility for her unauthorized disposal of estate assets by leaving the probate court's territorial jurisdiction.

Workers' compensation—Industrial Commission denies further temporary total disability compensation after claimant voluntarily leaves his former position of employment—Motion for reconsideration denied by commission—Writ of mandamus granted ordering Industrial Commission to consider claimant's eligibility for temporary total disability compensation benefits in light of Baker II.

Workers' compensation—Substantial inconsistencies between two C84s generated by the same examination—Industrial Commission's awards of temporary total disability compensation vacated when not supported by "some evidence."

Juvenile law—Permanent custody proceeding—Parties to the proceeding have the right to cross-examine the guardian ad litem concerning the contents of the report and the basis for the custody recommendation when the report will be a factor in the trial court's decision.

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

Attorneys at law — On application for reinstatement — Gov.Bar R. V(6)(B)(3) — Respondent reinstated.

Workers' compensation—Application for temporary total disability compensation denied by Industrial Commission—Writ of mandamus denied by court of appeals—Court of appeals' judgment reversed and writ of mandamus granted ordering temporary total disability compensation to commence as of January 20, 1998, when.

Workers' compensation—Application for permanent and total disability compensation—Industrial Commission denies claimant's motion to depose examining bureau doctor—Industrial Commission did not abuse its discretion in denying claimant's request to depose examining bureau doctor, when.

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

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

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).

Criminal law—Aggravated murder—Death sentence vacated and cause remanded for resentencing due to alternate-juror misconduct—Reversible error occurs where, over objection, an alternate juror participates in jury deliberations resulting in an outcome adverse to a defendant and either the state has not shown the error to be harmless or the trial court has not cured the error—Crim.R. 24(F).

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

Elections—Mandamus sought to compel Summit County Council and Summit County Board of Elections to place a proposed charter amendment establishing term limits for certain county offices on the November 5, 2002 election ballot—Writ denied, when.

Appeal dismissed as improvidently allowed.

Appeal dismissed as moot.

Workers' compensation—Court of appeals' judgment affirmed.

Discretionary appeal allowed—Court of appeals' judgment reversed and cause remanded to trial court for consideration of State v. Bush.

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—One-year suspension with six months of sanction suspended on condition—Preparing a will that named attorney's siblings' corporation as a beneficiary in a situation where the testator was not related to the attorney's siblings.

Attorneys at law—Misconduct—Public reprimand—Failing to cooperate in an investigation of professional misconduct.

Joint motion to remand sustained.

Ohio State Highway Patrol Retirement System—Retirement board determined that it was unable to consider an application for disability retirement benefits because the applicant's employment was terminated and he was not an employee of the Ohio State Highway Patrol—Under R.C. 5505.18 and 5505.20, an employee of the Ohio State Highway Patrol who is a member of the retirement system is eligible for disability retirement benefits if the employee applies for those benefits before being terminated—Court of appeals' grant of a writ of mandamus ordering the retirement system and its board to vacate its order determining that it was unable to consider claimant's application and ordering them to conduct further proceedings to determine claimant's eligibility for disability retirement benefits affirmed.

Public records—Mandamus sought to compel Ohio Department of Commerce, Division of Securities and its commissioner to provide relator with copies of complaints submitted to the division by investors in George Fiorini and various companies that he controlled or with which he was affiliated—Writ denied, when.

Mandamus and procedendo sought to compel common pleas court judge to issue findings of fact and conclusions of law on the denial of relator's motion to vacate his judgment of conviction—Court of appeals' dismissal of complaint affirmed.

Taxation—Sales tax—Board of Tax Appeals' decision concerning sales and use tax liability on retail supplier of health care equipment and supplies affirmed—R.C. 5739.02 and 5739.03, construed and applied.

Workers' compensation—Previous finding of maximum medical improvement does not foreclose later temporary total disability compensation if there is a worsening of the allowed conditions from which the claimant may again improve—Industrial Commission's decision not an abuse of discretion when supported by some evidence.

Workers' compensation—Application for permanent partial disability compensation granted by Industrial Commission—Increase in award later sought by claimant—Increase in award by Industrial Commission affirmed, when.

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

Appeal dismissed as improvidently allowed.

Elections—Writ of prohibition to prevent Medina County Board of Elections et al. from placing a referendum on a zoning amendment on certain property in Brunswick Hills Township on the November 5, 2002 election ballot—Writ denied, when.

Elections—Writs of prohibition and mandamus sought to prevent Hamilton County Board of Elections and Secretary of State from placing Republican Party's candidate for judge of Court of Common Pleas of Hamilton County on the November 5, 2002 election ballot—Mandamus complaint dismissed and writ of prohibition denied, when.

Workers' compensation—Permanent total disability compensation terminated and overpayment declared by Industrial Commission when claimant performed sustained remunerative employment while receiving permanent total disability compensation and Disabled Workers' Relief Fund benefits.

Motion for reconsideration granted—Judgment reversed and cause returned for relief consistent with State ex rel. Noll.

Attorneys at law—Misconduct resulting directly from clinical depression—Indefinite suspension—Engaging in a pattern of neglect with respect to client matters—Failing to cooperate in ensuing disciplinary investigation.

Attorneys at law—Misconduct—Eighteen-month suspension with nine months of sanction suspended on condition that no further misconduct be committed—Failing to adequately advise client of proceedings in his divorce and then attempting to hide the neglect.

Attorneys at law—Misconduct—Six-month suspension with entire suspension stayed on condition that no additional violations of Disciplinary Rules are committed—Failing to keep clients' funds in an identifiable bank account—Failing to account appropriately for clients' funds.

Attorneys at law—Misconduct—Permanent disbarment—Seriously neglecting two clients' cases—Repeatedly ignoring efforts to investigate misconduct—Recent suspension from the practice of law for overcharging a client.

Appeal dismissed as improvidently allowed.

Joint motion to remand sustained.

Criminal law—Felonious assault—Jury instructions—Court of appeals' judgment reversed on authority of State v. Shane.

On application for termination of probation.

Workers' compensation—Mandamus sought to compel Industrial Commission to increase relator's death benefit to the statutory maximum of 100 percent of the statewide average weekly wage under R.C. 4123.59—Writ denied—Zupp v. Youngstown Fire Dept. and State ex rel. Pickrel v. Indus. Comm., followed.

Workers' compensation—Application for temporary total disability compensation after voluntarily resigning from former position of employment to accept another position of employment denied by Industrial Commission—Court of appeals' writ returning cause to commission for further consideration in light of State ex rel. Baker reversed and commission's denial of temporary total compensation reinstated.

Employer and employee—Public employment—School district outsources transportation services and lays off its bus drivers and mechanic—Mandamus to compel Batavia Local School District Board of Education et al. to reinstate relator to his position as a mechanic, honor his statutory employment contract, and award him back pay and lost benefits—Court of appeals' denial of writ reversed and cause remanded for issuance of a writ and further proceedings, when.

Mandamus sought to compel common pleas court judge to vacate his nunc pro tunc entry involving relator and reinstate relator's 1983 sentence—Prohibition—Writ prohibiting common pleas court judge from exercising further jurisdiction to enforce his nunc pro tunc entry or taking other action regarding relator's sentence—Court of appeals' dismissal of complaint reversed and cause remanded for further proceedings.

Workers' compensation—Claimant's application for loss-of-use award under R.C. 4123.57(B) denied by Industrial Commission—Commission ordered to reconsider the claim and issue an amended order, when.

Workers' compensation—Mandamus sought to compel Industrial Commission to grant an earlier start date for relator-claimant's permanent total disability compensation—Court of appeals' denial of writ affirmed—Compensation for disability existing more than two years prior to application prohibited by R.C. 4123.52.

Workers' compensation—Court of appeals' judgment granting a writ of mandamus ordering the Industrial Commission to recalculate relator-claimant's permanent total disability award applying the statutory cap in R.C. 4123.58 in effect at the time relator-claimant was forced from the job market affirmed—State ex rel. Lemke, clarified.

Attorneys at law—Misconduct—Permanent disbarment—Repeatedly taking clients' money without performing promised legal services—Failing to cooperate in investigation of misconduct—Failing to comply with a previous order indefinitely suspending license to practice law.

Attorneys at law—Misconduct—Indefinite suspension with reinstatement, if any, subject to conditions—Neglecting or mishandling cases of fifteen different clients—Failing to respond to requests for information during investigation of misconduct.

Employer and employee—Public employment—Unfair labor practices—Writ of mandamus granted by court of appeals compelling State Employment Relations Board to vacate its dismissal of relator's unfair labor practice charge against city of Columbus and to conduct further proceedings to determine whether there was probable cause to believe that an unfair labor practice had occurred—Court of appeals' judgment reversed, when.

Public utilities—County water supply system—Neither the Ohio Constitution nor the Revised Code provides that upon incorporation, a municipality acquires, by operation of law, existing water systems located within the boundaries of the municipality—R.C. Chapter 6103 does not prohibit a county from conveying a water system to a municipal corporation in which the system is not located.

Appellate procedure—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when claim barred by res judicata—Neither App.R. 26(B) nor State v. Murnahan provides for second and subsequent applications for reopening appeal.

Criminal law—Aggravated murder—Death penalty upheld, when—Claim of mental retardation—Defendant may file for post-conviction relief under the standards set forth in State v. Lott.

Criminal law—Aggravated murder—Death penalty—Motion to vacate death sentence denied—Stay of execution granted on August 14, 2002, is continued—Res judicata does not bar defendant's claim of mental retardation, when—Due process requires consideration of defendant's evidence of mental retardation before execution—Defendant bears burden of establishing that he is mentally retarded by a preponderance of the evidence.

Workers' compensation—Claimant awarded permanent total disability compensation by Industrial Commission—Claimant's subsequent motion for scheduled loss compensation under R.C. 4123.57(B) denied by commission—Mandamus sought to compel Industrial Commission to vacate its order denying compensation and to issue an order on the merits—Writ denied by court of appeals—Court of appeals' judgment reversed—State ex rel. Benton v. Columbus & S. Ohio Elec. Co. overruled and writ of mandamus granted ordering commission to grant claimant's application for scheduled loss benefits.

Criminal law—Aggravated murder—Death penalty upheld, when—Speedy-trial rights not violated, when.

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

Custody—Motion for reconsideration or amendment granted—Pursuant to its authority under R.C. 2151.23(A)(2), a juvenile court may determine whether a shared custody agreement between parties in a same-sex relationship is in the best interest of the children.

Criminal law—Parole—Postrelease control—R.C. 2967.28(F)(4) does not violate the Double Jeopardy Clauses of the United States and the Ohio Constitutions.

Insurance—Motor vehicles—Uninsured/underinsured motorist coverage—Limited liability coverage that may arise under the residence-employee exception in a homeowner's insurance policy is insufficient to transform the policy into a motor vehicle policy for purposes of former R.C. 3937.18(A).

Workers' compensation—Claimants injured before November 16, 1973, can receive scheduled loss compensation under R.C. 4123.57(B) and permanent total disability compensation under R.C. 4123.58 on the same claim—State ex rel. Benton v. Columbus & S. Ohio Elec Co., overruled.

Domestic relations—Divorce—Spousal support—Trial court has authority to modify or terminate an order for alimony or spousal support only if the divorce decree contains an express reservation of jurisdiction—R.C. 3105.18(E), applied and interpreted.

Workers' compensation—Permanent total disability compensation benefits awarded claimant—Termination of benefits—Writ of mandamus sought by claimant denied by court of appeals—Industrial Commission's determination that claimant committed fraud after discovery of his performance of sustained remunerative employment while receiving disability benefits affirmed.

Habeas corpus sought to compel Franklin County Children Services Executive Director to release relator's dependent child from its temporary custody—Court of appeals' denial of writ affirmed, when.

Discretionary appeal allowed—Court of appeals' judgment reversed on authority of In re Cross.

Mineral rights—Regulatory takings—Six-year limitation period of R.C. 2305.07 applicable to mandamus action to compel state to begin appropriation proceedings—In determining the relevant parcel for a takings analysis, pursuant to the Takings Clause of the Ohio Constitution, coal rights are severable and may be considered as a separate property interest, when.

Workers' compensation—Warrantless drug and alcohol testing of injured workers—2000 Am.Sub.H.B. No. 122 violates the protections against unreasonable searches contained in the Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution.

Political subdivisions—Tort liability—Exception to political-subdivision immunity in R.C. 2744.02(B)(4), construed and applied.

Criminal procedure—Parole—In any parole determination involving indeterminate sentencing, the Ohio Adult Parole Authority must assign an inmate the offense category score that corresponds to the offense or offenses of conviction.

Civil procedure—Class actions—Civ.R. 23(B)(3), applied—Trial court did not act unreasonably, arbitrarily, or unconscionably in certifying a class action in cases brought by mortgagors against their respective lenders for alleged violations of R.C. 5301.36.

Securities—Oral contract cannot constitute a "security" as that term is defined in R.C. 1707.01(B).

Attorneys at law—Misconduct—Permanent disbarment—Neglecting multiple client matters—Misappropriating client funds by accepting retainers and failing to refund unearned portions—Failing to return client files upon request—Lying about ability to continue representation of a client following suspension from the practice of law—Refusing to make restitution to a bank after overdrawing trust account—Commingling client and personal funds—Failing to register as required by Gov.Bar R. VI—Previous discipline.

Attorneys at law—Misconduct—Indefinite suspension—Neglecting interests of two clients—Failing to return unearned fees—Misrepresenting to one of the clients that the work was done in his case—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Two-year suspension with one year of sanction stayed—Commingling clients' funds with own funds while serving as guardian, attorney for the guardianship, and, ultimately, attorney for the deceased ward's estate—Failing to account for approximately $12,000 of client's money—Failing to cooperate in investigation of misconduct.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of reckless homicide—Engaging in an unlicensed childcare business that required a license.

Attorneys at law—Misconduct—Public reprimand—Improperly soliciting business, aiding in the unauthorized practice of law, and sharing legal fees with nonlawyers.

Attorneys at law—Misconduct—One-year suspension with six months of suspension stayed on condition—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Neglect of an entrusted legal matter—Failing to maintain client's funds in an identifiable bank account separate from attorney's funds and using the funds for attorney's own purposes—Failing to render an appropriate account of client's funds—Failing to promptly pay or deliver to client funds or other property in attorney's possession that client is entitled to receive.

Attorneys at law—Misconduct—Indefinite suspension—Failure to complete, or in some cases even begin, the representation for which attorney was retained—Financial improprieties in representation of clients—Misrepresentation on letterhead that attorney practiced law in partnership with another attorney and that the partnership was a licensed professional association—Improprieties in IOLTA—Failing to cooperate in disciplinary investigation

Attorneys at law—Misconduct—Six-month suspension with entire sanction stayed on condition—Recommending oneself for employment to a nonlawyer who has not sought attorney's advice regarding employment—Engaging in conduct prejudicial to the administration of justice—Continuing representation before a tribunal when representation will result in a violation of a Disciplinary Rule—Accepting employment if the exercise of professional judgment on the client's behalf may reasonably be affected by the attorney's financial, business, property, or personal interests.

Constitutional law - Education - Schools - Current school-funding system unconstitutional -General Assembly directed to enact a school-funding scheme that is thorough and efficient.

Attorneys at law - Misconduct - Reciprocal discipline from Arizona - Thirty-day suspension, stayed, with two-year probation - Gov.Bar R. V(11)(F)(4).

Attorneys at law - Misconduct - Reciprocal discipline from the United States District Court for the Northern District of Ohio - Public reprimand - Gov.Bar R. V(11)(F)(4).

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

Criminal law - Aggravated murder - Death penalty upheld, when - Waiver of counsel upheld - No right to hybrid representation.

Insurance - Motor vehicles - Uninsured/underinsured motorist coverage - Homeowner's insurance policy - Residence-employee exception - Appeal dismissed as improvidently allowed.

Insurance - Motor vehicles - Uninsured/underinsured motorist coverage - Homeowners insurance policy - Resident-employee exception - Appeal dismissed as improvidently allowed.

Insurance - Motor vehicles - Uninsured/underinsured motorist coverage - Homeowners insurance policy - Resident-employee exception - Appeal dismissed as improvidently allowed.

Workers' compensation - Receipt of both wages and total disability compensation for the same period - Claimant informs Bureau of Workers' Compensation of erroneous payments - No action taken by Industrial Commission - Commission's later termination of claimant's permanent total disability award and declartion that all compensation after June 1, 1992, to be overpaid as the result of fraud an abuse of discretion - Commission's continuing jurisdiction was not exercised within a reasonable time and was therefore improper.

Workers' compensation - Determination of whether claimant's activities for his own lawn care company constitute work thus precluding him from receiving temporary total disability compensation from his primary employer - Claimant's activities consisted of signing four workers' checks and fueling and driving riding lawnmower onto a truck - Benefits not terminated when activities are truly minimal and only indirectly related to generating income.

Criminal law - Speedy-trial statute - Demand for discovery or bill of particulars is tolling event pursuant to R.C. 2945.72(E).

Mandamus sought to compel common pleas court judge to issue findings of fact and conclusions of law on the denial of relator's petition for postconviction relief - Court of appeals' denial of writ affirmed, when.

Appeal - Court of appeals' denial of "motion to certify the records" affirmed when motion is untimely.

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

Insurance - Motor vehicles - Uninsured/underinsured motorist coverage - Limited liability coverage that may arise under the residence-employee exception in a homeowner's insurance policy is not sufficient to transform the policy into a motor vehicle policy for purposes of former R.C. 3937.18(A).

Criminal procedure - Parole - In any parole determination involving indeterminate sentencing, the Ohio Parole Authority must assign an inmate the offense category of offenses of conviction - Disposition of cases on authority of Layne v. Ohio Adult Parole Authority.

Insurance - Denial of payments for treatments for brain cancer - Breach of contract - Bad-faith claim - Punitive damages excessive under Ohio law, when - Remittitur ordered, when - Charitable fund created at James Cancer Hospital with portion of punitive damages award.

Insurance - Automobile liability - UM/UIM coverage - Subrogation clauses - UM/UIM provisions are worthy of special protection from any dilution by payments made under any other policy provisions.

Attorneys at law - Misconduct - Reciprocal discipline from Florida - Ninety-day suspension stayed with three-year probation - Gov.Bar R. V(11)(F)(4).

Judges - Affidavit of disqualification - Adverse ruling on a continuance or other scheduling matters does not demonstrate bias or prejudice.

Judges -- Affidavit of disqualification -- Judge practiced law with attorney seven years before proceedings -- Mere allegation of professional relationship between judge and attorney that ended some years ago will not be grounds for disqualification -- Mere allegation of friendship will not automatically result in judge's disqualification.

Judges -- Affidavit of disqualification -- Affidavit moot when case is pending on docket of another judge -- Affidavit of disqualification may not be used to test validity of local rule of court.

Judges - Affidavit of disqualification - Allegations of racial bias must be proved by clear and convincing evidence - Speculation and not evidence presented - Prejudice not shown.

Judges - Affidavit of disqualification - Affidavit seeking disqualification of all common pleas judges of Cuyahoga County not timely, when - Affidavit denied.

Judges - Affidavit of disqualification - No prejudice shown based solely on claim that judge's colleague prosecuted affiant eleven years earlier.

Judges - Affidavit of disqualification - Disqualification not mandated pursuant to Canon 3(E) based solely on judge's participation in discussions regarding potential plea bargain or settlement - Judge's remarks warrant his disqualification to avoid the appearance of bias or prejudice, when.

Judges - Affidavit of disqualification - Disqualification not required where judge found affiant's codefendant guilty.

Judges - Affidavit of disqualification - Allegation of improper ex parte communication not shown - Allegation of ethnic bias not shown, when.

Judges - Affidavit of disqualification - Judge will not be disqualified based solely on fact that lawyer in a pending case may be a witness in disciplinary proceedings brought against the judge - Judge disqualified to avoid the appearance of impropriety, when.

Judges - Affidavit of disqualification - Judge will not be disqualified based solely on fact that lawyer in a pending case may be a witness in disciplinary proceedings brought against the judge - Judge disqualified to avoid the appearance of impropriety, when.

Judges - Affidavit of disqualification - Judge will not be disqualified based solely on fact that lawyer in a pending case may be a witness in disciplinary proceedings brought against the judge - Vague and unsubstantiated allegations are insufficient to support a finding of bias or prejudice.

Judges - Affidavit of disqualification - Allegations of bias or prejudice not sufficient to warrant disqualification of judge from three-judge death-penalty panel, when.

Judges - Affidavit of disqualification - That one of the parties is employed by the court is not, by itself, sufficient grounds for disqualification of the judge - Affidavit must be timely filed.