OHIO SUPREME COURT ENTRIES

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OHIO SUPREME COURT CASE 
ANNOUNCEMENTS  November 22, 2017

 
[Cite as 11/22/2017 Case 
Announcements, 2017-Ohio-8650.]

 

MERIT DECISIONS WITH OPINIONS
 

2017-0397. In re Application of Egan 
, Slip Opinion No. 2017-Ohio-8651.

On Report by the Board of 
Commissioners on Character and 
Fitness, No. 663. Shannon O’Connell 
Egan’s pending application to 
register as a candidate for 
admission to the practice of law 
approved.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, and 
Fischer, JJ., concur.

DeWine, J., concurs in judgment 
only.



MOTION AND PROCEDURAL RULINGS

 

 

2017-0276. Worthington City Schools 
Bd. of Edn. v. Franklin Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2016-151. 
On joint motion to remand the appeal 
to the Board of Tax Appeals in order 
to implement a settlement. Cause 
remanded to the Board of Tax Appeals 
to take further action as 
appropriate.

2017-1160. I.B. v. Olentangy Local 
School Dist. Bd. of Edn.

Certified Question of State Law, 
United States District Court, 
Southern District of Ohio, Eastern 
Division, No. 2:16-CV-837. Sua 
sponte, parties ordered to file a 
report on the status of the 
settlement negotiations for this 
case within 30 days.





 

OHIO SUPREME COURT CASE 
ANNOUNCEMENTS NOVEMBER 15, 2017


[Cite as 11/15/2017 Case 
Announcements, 2017-Ohio-8556.]

 



MEDIATION MATTERS


The following cases have been 
referred to mediation under 
S.Ct.Prac.R. 19.01.

 

2017-0412. In re Application of 
Black Fork Wind Energy, L.L.C.

Power Siting Board, No. 10-8265-EL-
BGN.

 


2017-1479. Hinds v. Muskingum Cty.

Muskingum App. No. CT2016-0063, 
2017-Ohio-8212.

 


2017-1549. State ex rel. Wayne 
Dalton Corp. v. Indus. Comm.

Franklin App. No. 16AP-423, 2017-
Ohio-7736.

 


2017-1557. State ex rel. Ohio 
Patrolmen’s Benevolent Assn. v. 
Olmstead Falls.

 

 

In Mandamus.

2017-1562. State ex rel. DPWN 
Holdings (USA) Inc. v. Indus. Comm.

Franklin App. No. 16AP-370, 2017-
Ohio-8148.

 

 


The following cases have been 
returned to the regular docket under 
S.Ct.Prac.R. 19.01. The appellant in 
each case shall file a brief within 
40 days, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the 
court may dismiss these cases or 
take other action if the parties 
fail to timely file merit briefs.

 

2016-0290. Molly Co., Ltd. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1157.

 


2016-1785. 600 Pioneer, L.L.C./CVS 
3346, OH, L.L.C. v. Cuyahoga Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-2144.

 


2017-0631. Kettering City School 
Dist. Bd. of Edn. v. Testa.

Board of Tax Appeals, No. 2016-495.

 


2017-0922. State ex rel. Tantarelli 
v. Decapua Ents., Inc.

Franklin App. No. 16AP-700, 2017-
Ohio-5603.

 


Pursuant to R.C. 2710.06(B)(1), the 
court has been notified that the 
parties in each of the following 
cases have reached settlements. 
These cases are returned to the 
regular docket under S.Ct.Prac.R. 
19.01. Within 60 days, the filing 
party in each case shall file either 
an application for dismissal or a 
notice of failure of settlement. 
Each case will be dismissed for want 
of prosecution if an application for 
dismissal or a notice of failure of 
settlement is not filed within 60 
days.

 

2017-1026. Columbus City Schools Bd. 
of Edn. v. Franklin Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2010-3563.

 


2017-1406. State ex rel. Schroeder 
v. Gallagher.

In Procedendo and Prohibition.





OHIO SUPREME COURT CASE 
ANNOUNCEMENTS #1 NOVEMBER 13, 2017




November 13, 2017

[Cite as 11/13/2017 Case 
Announcements, 2017-Ohio-8503.]

 


MOTION AND PROCEDURAL RULINGS

2016-1783. State v. Bates.

Hamilton C.P. No. B1501811. On 
motion for interim fees. Motion 
denied as moot.
 

2017-0021. State v. Goff.

Clinton App. No. CA2015-08-017, 
2016-Ohio-7834. On motion to allow 
periodic billing. Motion denied as 
moot.





OHIO SUPREME COURT THIRD CASE 
ANNOUNCEMENTS NOVEMBER 7, 2017

 
November 7, 2017

[Cite as 11/07/2017 Case 
Announcements #3, 2017-Ohio-8468.]

 


MISCELLANEOUS ORDERS

2017-1567. In re Judicial Campaign 
Complaint Against Sherron.

Pursuant to Gov.Jud.R. II(5)(D)(1) 
and R.C. 2701.11, the Supreme Court 
appoints the following judges to 
serve on the five-judge commission 
to consider the report of the 
hearing panel of the Board of 
Professional Conduct in In re: 
Judicial Campaign Complaint Against 
James Emmett Sherron, Case No. 2017-
1567.

Judge Kathleen Giesler Ottawa County 
Court of Common Pleas

(Sixth District)

Judge David Gormley Delaware County 
Court of Common Pleas

(Fifth District)

Judge Cynthia Rice Eleventh District 
Court of Appeals

(Eleventh District)

Judge Mark Wiest Wayne County Court 
of Common Pleas

(Ninth District)

Judge Timothy Williams Washington 
County Court of Common Pleas

(Fourth District)

The court designates Judge David 
Gormley as chair of the commission.

Pursuant to R.C. 2701.11, Michael L. 
Buenger, administrative director of 
the Supreme Court of Ohio, shall 
serve as secretary to the 
commission, with authority to sign 
entries and orders on behalf of and 
at the direction of the commission 
or its chair.

All pleadings and documents in this 
matter shall be filed with the clerk 
of the Supreme Court. The original 
and seven copies of all documents 
shall be filed. Service on the 
commission shall be made by serving 
the secretary. The Rules of

Practice of the Supreme Court of 
Ohio shall apply to all proceedings 
before the commission, except as 
otherwise ordered by the court. The 
clerk of the Supreme Court shall 
serve all orders of this court and 
the commission on the parties to 
this action.





 
CASE ANNOUNCEMENTS
November 7, 2017

[Cite as 11/07/2017 Case 
Announcements, 2017-Ohio-8446.]

MISCELLANEOUS DISMISSALS

 

2017-0544. Daher v. DeWine.

In Mandamus and Prohibition. On 
joint application for dismissal. 
Application granted. Cause 
dismissed.

2017-0893. Auth v. Indus. Physical 
Capability Servs., Inc.

Summit App. No. 28024, 2017-Ohio-
1268. On appellant’s application for 
dismissal. Application granted. 
Cause dismissed.

2017-1341. First Natl. Community 
Bank v. Garretson Firm Resolution 
Group.

Hamilton App. No. C-160745, 2017-
Ohio-7582. On appellant’s 
application for dismissal. 
Application granted. Cause 
dismissed.

2017-1494. State ex rel. Lusane v. 
Eleventh Dist. Court of Appeals.

In Procedendo. On relator’s 
application for dismissal. 
Application granted. Cause 
dismissed.
 

MEDIATION MATTERS


The following cases have been 
referred to mediation under 
S.Ct.Prac.R.

19.01.

 

2017-1483. State ex rel. Ames v. 
Reinbold.

In Procedendo.

2017-1491. State ex rel. Thompson 
Elec., Inc. v. Indus. Comm.

Franklin App. No. 16AP-23, 2017-
Ohio-7611.
 
 
The following case has been returned 
to the regular docket under 
S.Ct.Prac.R. 19.01. The appellant 
shall file a brief within 40 days, 
and the parties shall otherwise 
proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the 
court may dismiss the case or take 
other action if the parties fail to 
timely file merit briefs.

 

2017-0921. Groveport Madison Local 
Schools Bd. of Edn. v. Franklin Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2016-542.
 

Pursuant to R.C. 2710.06(B)(1), the 
court has been notified that the 
parties in each of the following 
cases have reached settlements. 
These cases are returned to the 
regular docket under S.Ct.Prac.R. 
19.01. Within 60 days, the filing 
party in each case shall file either 
an application for dismissal or a 
notice of failure of settlement. 
Each case will be dismissed for want 
of prosecution if an application for 
dismissal or a notice of failure of 
settlement is not filed within 60 
days.

 

2016-1796. Yves v. Montogmery Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-2323.

2016-1797. Brutten Family Partners, 
L.L.C. v. Montgomery Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-2325.

2017-0350. State ex rel. Griffin v. 
Greene.

In Mandamus.

2017-0743. Eastland Manor 
Apartments, L.L.C. v. Franklin Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2016-537.

2017-1054. State ex rel. Hunter v. 
Youngstown City School Dist.

In Mandamus.
2 11-07-2017

 





OHIO SUPREME COURT CASE 
ANNOUNCEMENTS NOVEMBER 3, 2017
 


November 3, 2017

[Cite as 11/03/2017 Case 
Announcements, 2017-Ohio-8410.]

 

MOTION AND PROCEDURAL RULINGS

 

2017-1015. State ex rel. Keith v. 
Dept. of Rehab. & Corr.

Franklin App. No. 15AP-1080, 2017-
Ohio-4406. In accordance with this 
court’s decision granting 
appellant’s motion to consolidate 
case Nos. 2017-1015 and 2017-1214, 
it is ordered that the briefing in 
case Nos. 2017-1015 and 2017-1214 is 
consolidated and the appellant’s 
brief in case No. 2017-1214 shall 
serve as the appellant’s brief in 
both cases. Appellee shall file its 
brief within 30 days. The parties 
shall file two originals of each of 
the briefs permitted under 
S.Ct.Prac.R. 16.02 through 16.04 and 
include both case numbers on the 
cover page of the briefs. The 
parties shall otherwise comply with 
the requirements of S.Ct.Prac.R. 
16.01 through 16.04.

2017-1214. State ex rel. Keith v. 
Dept. of Rehab. & Corr.

Franklin App. No. 15AP-1080, 2017-
Ohio-4406. In accordance with this 
court’s decision granting 
appellant’s motion to consolidate 
case Nos. 2017-1015 and 2017-1214, 
it is ordered that the briefing in 
case Nos. 2017-1015 and 2017-1214 is 
consolidated and the appellant’s 
brief in case No. 2017-1214 shall 
serve as the appellant’s brief in 
both cases. Appellee shall file its 
brief within 30 days. The parties 
shall file two originals of each of 
the briefs permitted under 
S.Ct.Prac.R. 16.02 through 16.04 and 
include both case numbers on the 
cover page of the briefs. The 
parties shall otherwise comply with 
the requirements of S.Ct.Prac.R. 
16.01 through 16.04.



DISCIPLINARY CASES

2014-0136. Lorain Cty. Bar Assn. v. 
Johnson.

On respondent’s motion to purge 
contempt. Motion granted.

 

2014-1403. Trumbull Cty. Bar Assn. 
v. Johnson.

On respondent’s motion to purge 
contempt. Motion granted.





OHIO SUPREME COURT CASE 
ANNOUNCEMENTS
 
 
November 2, 2017

[Cite as 11/02/2017 Case 
Announcements, 2017-Ohio-8395.]

 

MERIT DECISIONS WITH OPINIONS

2015-1191. South-Western City School 
Dist. Bd. of Edn. v. Franklin Cty. 
Bd. of Revision , Slip Opinion No. 
2017-Ohio-8384.

Board of Tax Appeals, No. 2014-2259. 
Decision reversed and cause 
remanded.

O’Connor, C.J., and Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., 
concur.

O’Donnell, J., dissents, and would 
affirm the decision of the Board of 
Tax Appeals.

 

 

2015-1192. Olentangy Local Schools 
Bd. of Edn. v. Delaware Cty. Bd. of 
Revision , Slip Opinion No. 2017-
Ohio-8385.

Board of Tax Appeals, No. 2012-4555. 
Decision affirmed. On appellee’s 
motion to strike and motion for 
sanctions. Motions denied. On 
appellant’s motion to strike. Motion 
denied.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

 

 

2016-1036. Clark v. Adult Parole 
Auth. , Slip Opinion No. 2017-Ohio-
8391.

Belmont App. No. 16 BE 0005, 2016-
Ohio-3383. Motion denied and 
judgment affirmed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

 

 

MOTION AND PROCEDURAL RULINGS

2016-0899. State v. Tench.

Medina App. No. 14CR0541. On 
appellant’s motion to supplement 
record. Motion granted. The clerk of 
courts for Medina County shall 
supplement the record with jury 
questionnaires within ten days.

2017-1317. State ex rel. Flaiz v. 
Merscorp, Inc.

Geauga App. No. 2016–G–0079, 2017-
Ohio-7126. On motions for admission 
pro hac vice of Joseph F. Yenouskas 
and Robert M. Brochin. Motions 
granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice 
of permission with the Supreme 
Court’s Office of Attorney Services 
within 30 days.

2017-1336. Boyd v. Kingdom Trust Co.

Certified Question of State Law, 
United States Court of Appeals for 
the Sixth Circuit, No. 17-3026. On 
motions for admission pro hac vice 
of Roey Z. Rahmill and Jahan P. 
Raissi. Motions granted. Pursuant to 
Gov.Bar R. XII(4), counsel shall 
file a notice of permission with the 
Supreme Court’s Office of Attorney 
Services within 30 days.

2017-1444. In re Application of Ohio 
Edison Co.

Public Utilities Commission, No. 14-
1297-EL-SSO. On motion for admission 
pro hac vice of Shannon Fisk. Motion 
granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice 
of permission with the Supreme 
Court’s Office of Attorney Services 
within 30 days.

2017-1539. State v. Eddy.

Cuyahoga App. No. 104417, 2017-Ohio-
7398. Sua sponte, the appeal is 
filed nunc pro tunc effective 
October 11, 2017. Appellee shall 
file a memorandum in response no 
later than 30 days from this date.

MISCELLANEOUS DISMISSALS

2017-1451. State ex rel. Bristow v. 
Siler.

In Mandamus. On relator’s 
application for dismissal. 
Application granted. Cause 
dismissed.

2017-1484. State ex rel. Bristow v. 
Wilson.

In Mandamus. On relator’s 
application for dismissal. 
Application granted. Cause 
dismissed.





Supreme Court Case Announcement for October 
13, 2017



CASE ANNOUNCEMENTS

October 13, 2017

[Cite as 10/13/2017 Case Announcements, 2017-
Ohio-8183.]

MISCELLANEOUS DISMISSALS

2017-0986. State ex rel. Cincinnati Enquirer v. 
Denney.

In Mandamus. On relator’s application for 
dismissal. Application granted. Cause dismissed.



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########





In the Supreme Court of Ohio

STATE OF OHIO, ex rel.

THE CINCINNATI ENQUIRER,

A Division of Gannett GP Media, Inc.

312 Elm Street

Cincinnati, OH 45202

Relator,

vs.

MARK C. DENNEY

Chief of Police, Colerain Township

4200 Springdale Road

Colerain Township, Ohio 45251

Respondent.
	



Pursuant to Ohio R. Civ. P. 41(A), as applied to 
this original action by Sup. Ct. R. Prac. 12.01(A)
(2)(b), The Cincinnati Enquirer, a division of 
Gannett GP Media, Inc. dismisses this action with 
prejudice.





Supreme Court Second Case Announcement for 
October 12, 2017


[Cite as 10/12/2017 Case Announcements #2, 
2017-Ohio-8178.]

MERIT DECISIONS WITH OPINIONS

2017-1285. State ex rel. Tam O’Shanter Co. v. 
Stark Cty. Bd. of Elections , Slip Opinion No. 
2017-Ohio-8167.

In Mandamus and Prohibition. Petition for writ of 
mandamus dismissed, writ of prohibition denied, 
and relators’ motion to strike denied.

O’Connor, C.J., and Kennedy, French, and 
O’Neill, JJ., concur.

O’Donnell, Fischer, and DeWine, JJ., concur in 
judgment only.



########################################
######





NOTICE This slip opinion is subject to formal 
revision before it is published in an advance sheet 
of the Ohio Official Reports. Readers are 
requested to promptly notify the Reporter of 
Decisions, Supreme Court of Ohio, 65 South 
Front Street, Columbus, Ohio 43215, of any 
typographical or other formal errors in the opinion, 
in order that corrections may be made before the 
opinion is published.

SLIP OPINION NO. 2017-OHIO-8167
THE STATE EX REL. TAM O’SHANTER 
COMPANY ET AL. v. STARK COUNTY
BOARD OF ELECTIONS.
[Until this opinion appears in the Ohio Official 
Reports advance sheets, it
may be cited as State ex rel. Tam O’Shanter Co. 
v. Stark Cty. Bd. of Elections,
Slip Opinion No. 2017-Ohio-8167.]

Elections—R.C. 519.12(H)—Zoning-referendum-
petition requirements—Claim for writ of 
mandamus dismissed—Claim for writ of 
prohibition denied.

(No. 2017-1285—Submitted October 9, 2017—
Decided October 12, 2017.) IN MANDAMUS and 
PROHIBITION.
Per Curiam.

{¶ 1} The issue in this original action seeking writs 
of mandamus and prohibition is whether a petition 
for a zoning referendum complied with R.C. 
519.12(H). Relators contend that it did not comply, 
because it did not reference the name of the 
property owner. Based on this omission, they 
argue, the referendum should be removed from 
the November 7, 2017 ballot. For the reasons 
below, we dismiss the mandamus claim and deny 
the claim for a writ of prohibition. We also deny 
relators’ motion to strike.
Facts

{¶ 2} The zoning-amendment proposal at issue 
involves approximately 62 acres of land in 
Jackson Township, Stark County, which is owned 
by relator Tam O’Shanter Company. The land, 
along with more than 200 additional adjacent 
acres, has been used as a golf course since the 
1920s.

{¶ 3} In April 2017, Tam O’Shanter filed an 
application with the Jackson Township Zoning 
Commission, seeking to rezone the land from “R-
R Rural Residential District” to “B-3 Commercial 
Business District.” The copy of the zoning-
amendment application submitted as evidence 
identifies the property owner as “Tam O’Shanter 
Company,” but it does not indicate that a number 
or a title was assigned to the application.

{¶ 4} The Stark County Regional Planning 
Commission and the Jackson Township Zoning 
Commission both recommended approval of the 
proposed zoning change, with a minor 
modification. In a public-hearing notice, the zoning 
commission referred to the proposed zoning 
amendment as “Amendment 630-17” and 
identified “Tam O’Shanter Company” as the 
property owner.

{¶ 5} Based on the recommendations of the 
planning commission and the zoning commission, 
the Jackson Township Board of Trustees 
approved Tam O’Shanter’s proposed zoning 
change, with the minor revision, in June 2017. In 
its public-hearing notices, the board of trustees 
referred to the proposed amendment as 
“Amendment 630-17” and identified “Tam 
O’Shanter Company” as the property owner. At 
the board-of-trustees hearing, the board president 
and the township law director referred to the 
matter as “Amendment 630-17.” In the notice of 
its decision, which was the official record of the 
zoning amendment, the board of trustees again 
identified the amendment as “Amendment #630-
17.” The name “Tam O’Shanter” appears once on 
the notice, under the words “Property Owner.”

{¶ 6} After the board of trustees passed the 
zoning amendment, the requisite number of 
Jackson Township electors signed a referendum 
petition to place the amendment on the November 
7, 2017 ballot. Referendum petitions for township 
zoning amendments are governed by R.C. 
519.12(H), which provides:

Each part of this petition shall contain the number 
and the full and correct title, if any, of the zoning 
amendment resolution, motion, or application, 
furnishing the name by which the amendment is 
known and a brief summary of its contents.

{¶ 7} The petition at issue here identified the 
zoning-amendment proposal as “Jackson 
Township Zoning Amendment 630-17.” The name 
“Tam O’Shanter” does not appear on the petition 
or in the language that would appear on the 
November 7 ballot. Respondent, Stark County 
Board of Elections, certified the petition and 
finalized the ballot language in August 2017.

{¶ 8} On August 25, 2017, Tam O’Shanter and 
relator Charles H. Bennell1 (collectively, “relators”) 
filed a protest against the referendum petition 
under R.C. 3501.39. Relators argued that the 
petition was invalid under R.C. 519.12(H) 
because it did not include “the full and correct 
title,” “the name by which the amendment is 
known,” or an adequate summary of the 
amendment’s contents. According to relators, 
each of these statutory elements required the 
petition to include the name “Tam O’Shanter.” On 
September 13, after a hearing, the board of 
elections denied the protest.

{¶ 9} Relators filed this action on September 14.

1 Bennell is Tam O’Shanter’s president and one of 
its owners.
Analysis

Motion to strike

{¶ 10} In its merit brief, the board of elections 
asserts several times that a map of the property at 
issue was attached to the referendum part-
petitions circulated to electors. Relators, arguing 
that this assertion is factually incorrect, move to 
strike the statements from the board’s brief. They 
also seek leave to submit two affidavits that they 
say prove that maps were not attached to the 
part-petitions. In addition, relators move to strike 
two exhibits submitted by the board as evidence
—because they were not part of the record before 
the board when it considered the protest— and 
the board’s arguments concerning unrelated 
property in another county.

{¶ 11} The only legal authority relators cite in 
support of their motion is State ex rel. Stoll v. 
Logan Cty. Bd. of Elections, 117 Ohio St.3d 76, 
2008-Ohio333, 881 N.E.2d 1214, in which we 
held that in an original action filed in this court, a 
board of elections cannot support its decision with 
“evidence that was not introduced at the hearing 
and upon which it did not rely.” Id. at ¶ 40. Stoll, 
which did not involve a motion to strike, does not 
support relators’ position; it merely explains that 
evidence that was not presented to a board of 
elections is not relevant to whether the board 
abused its discretion or clearly disregarded 
applicable law. Because we are capable of 
determining questions of relevance and assigning 
appropriate weight without striking evidence or 
arguments, we deny relators’ motion to strike.

Mandamus

{¶ 12} “In general, if the allegations of a complaint 
for a writ of mandamus indicate that the real 
objects sought are a declaratory judgment and a 
prohibitory injunction, the complaint does not state 
a cause of action in mandamus and must be 
dismissed for want of jurisdiction.” State ex rel. 
Grendell v. Davidson, 86 Ohio St.3d 629, 634, 
716 N.E.2d 704 (1999).

{¶ 13} Here, relators claim that they are entitled to 
a writ of mandamus to compel the board of 
elections to find the referendum petition 
insufficient and to reject it under R.C. 3501.39. 
Although relators frame their mandamus request 
in terms of compelling the board to discharge 
affirmative duties, their true objectives are a 
declaratory judgment (that the referendum petition 
is insufficient) and a prohibitory injunction (to 
prevent the referendum from being placed on the 
ballot). See State ex rel. Essig v. Blackwell, 103 
Ohio St.3d 481, 2004-Ohio-5586, 817 N.E.2d 5, ¶ 
20-22. We therefore dismiss relators’ mandamus 
claim for lack of jurisdiction.

Prohibition

{¶ 14} Relators also seek a writ of prohibition to 
prevent the board of elections from submitting the 
proposed zoning amendment to the Jackson 
Township electorate. To prevail on this claim, 
relators must establish that the board has 
exercised or is about to exercise quasi-judicial 
power, that the exercise of that power is 
unauthorized by law, and that denying the writ will 
result in injury for which no other adequate 
remedy exists in the ordinary course of law. State 
ex rel. Choices for South-Western City Schools v. 
Anthony, 108 Ohio St.3d 1, 2005-Ohio5362, 840 
N.E.2d 582, ¶ 29.

{¶ 15} The first and third requirements are 
satisfied in this case. The board of elections 
exercised quasi-judicial authority by denying 
relators’ protest following an R.C. 3501.39 hearing 
that included sworn testimony. See Christy v. 
Summit Cty. Bd. of Elections, 77 Ohio St.3d 35, 
37, 671 N.E.2d 1 (1996). Because the election 
has not yet occurred, relief in prohibition still can 
prevent the referendum from being placed on the 
ballot, even though the board already has 
exercised its quasi-judicial power by denying the 
protest. Tatman v. Fairfield Cty. Bd. of Elections, 
102 Ohio St.3d 425, 2004-Ohio-3701, 811 N.E.2d 
1130, ¶ 14. In addition, because of the close 
proximity of the election, relators lack an 
adequate remedy in the ordinary course of law. 
See State ex rel. Thurn v. Cuyahoga Cty. Bd. of 
Elections, 72 Ohio St.3d 289, 292, 649 N.E.2d 
1205 (1995).

{¶ 16} The dispositive issue in this case, therefore, 
is whether the decision of the board of elections 
denying relators’ protest was authorized by law. 
On this question, the standard for our review is 
whether the board “engaged in fraud, corruption, 
or abuse of discretion, or acted in clear disregard 
of applicable legal provisions.” Whitman v. 
Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216, 
2002Ohio-5923, 778 N.E.2d 32, ¶ 11. Because 
relators do not argue that fraud or corruption 
occurred, we must decide whether the board 
abused its discretion or clearly disregarded 
applicable law. “ ‘An abuse of discretion connotes 
an unreasonable, arbitrary, or unconscionable 
attitude.’ ” State ex rel. Hamilton County Bd. of 
Commrs. v. State Emp. Relations Bd., 102 Ohio 
St.3d 344, 2004Ohio-3122, 810 N.E.2d 949, ¶ 17, 
quoting State ex rel. Grady v. State Emp. 
Relations Bd., 78 Ohio St.3d 181, 183, 677 
N.E.2d 343 (1997).

R.C. 519.12

{¶ 17} Relators argue that the referendum petition 
was defective because it did not comply with R.C. 
519.12(H). “In interpreting R.C. 519.12(H), our 
paramount concern is legislative intent.” State ex 
rel. Gemienhardt v. Delaware Cty. Bd. of 
Elections, 109 Ohio St.3d 212, 2006-Ohio-1666, 
846 N.E.2d 1223, ¶ 32, citing State ex rel. Asti v. 
Ohio Dept. of Youth Servs., 107 Ohio St.3d 262, 
2005Ohio-6432, 838 N.E.2d 658, ¶ 22. “ ‘To 
discern this intent, we first consider the statutory 
language, reading words and phrases in context 
and construing them in accordance with rules of 
grammar and common usage.’ ” Id., quoting 
Choices for South-Western City Schools, 108 
Ohio St.3d 1, 2005-Ohio-5362, 840 N.E.2d 582, at 
¶ 40. When interpreting statutory language, “[w]e 
will not add a requirement that does not exist in 
the statute.” State ex rel. Columbia Res., Ltd. v. 
Lorain Cty. Bd. of Elections, 111 Ohio St.3d 167, 
2006-Ohio-5019, 855 N.E.2d 815, ¶ 32.

{¶ 18} To understand the language of R.C. 
519.12(H), it first is necessary to examine the 
methods by which township zoning amendments 
may be proposed under

R.C. 519.12. R.C. 519.12(A)(1) provides that 
amendments to a township zoning resolution may 
be initiated in one of three ways, depending on 
who proposes the change: “[1] by motion of the 
township zoning commission, [2] by the passage 
of a resolution by the board of township trustees, 
or [3] by the filing of an application by one or more 
of the owners or lessees of property within the 
area proposed to be changed or affected by the 
proposed amendment with the township zoning 
commission.” (Emphasis added.) R.C. 519.12(H) 
refers to each of these three methods:

Each part of [a referendum] petition shall contain 
the number and the full and correct title, if any, of 
the zoning amendment resolution, motion, or 
application, furnishing the name by which the 
amendment is known and a brief summary of its 
contents.

{¶ 19} Thus, in a case involving a zoning-
amendment application by a property owner (as in 
this case), the statute imposes four distinct 
requirements concerning the content of a 
referendum petition. First, the petition must 
“contain the number * * * of the zoning 
amendment * * * application.” Second, it must 
“contain * * * the full and correct title, if any, of the 
zoning amendment * * * application.” Third, it must 
“furnish[] the name by which the amendment is 
known.” And last, it must “furnish[] * * * a brief 
summary of” the contents of the zoning 
amendment. See State ex rel. O’Beirne v. Geauga 
Cty. Bd. of Elections, 80 Ohio St.3d 176, 179, 685 
N.E.2d 502 (1997) (clarifying that “brief summary 
of its contents” refers to the proposed zoning 
amendment passed by the township trustees).

{¶ 20} Relators have not made the first 
requirement an issue in this case, but they do 
challenge the sufficiency of the petition with 
respect to the last three. They correctly point out 
that these requirements, which do not relate 
merely to the “form” of the petition, must be strictly 
complied with. See State ex rel. McCord v. 
Delaware Cty. Bd. of Elections, 106 Ohio St.3d 
346, 2005-Ohio-4758, 835 N.E.2d 336, ¶ 36.

Relators’ interpretation of R.C. 519.12(H)

{¶ 21} In recognizing the four requirements of a 
zoning-referendum petition created under this 
portion of R.C. 519.12(H), we reject relators’ 
reading of the statutory language. Relators 
contend that the phrase “ ‘furnishing the name by 
which the amendment is known’ modifies 
everything that comes before it. Thus, if the 
zoning amendment’s ‘resolution, motion, or 
application’ has a ‘name by which [it] is known,’ 
then it must be ‘furnish[ed]’ in the petition.” This 
reading of the statute has three flaws.

{¶ 22} First, for relators to be correct, there would 
have to be a comma after “known” to indicate that 
the phrase “furnishing the name by which the 
amendment is known” modifies what comes 
before it.

{¶ 23} Second, relators’ reading of the statute 
does not account for the fact that the “full and 
correct title” and “furnishing the name” 
requirements address different objects: a petition 
must “contain * * * the full and correct title, if any, 
of the zoning amendment resolution, motion, or 
application” (with “zoning amendment” modifying 
“resolution, motion, or application”), and it must 
“furnish[] the name by which the amendment is 
known.” (Emphasis added.) R.C. 519.12. Thus, in 
this case, the petition needed to provide “the full 
and correct title, if any,” of the application and 
“furnish[] the name” of the amendment.

{¶ 24} Finally, even if we were to disregard these 
grammatical obstacles, relators invite the 
conclusion that the requirement to “furnish[] the 
name” is redundant to the requirement to “contain 
* * * the full and correct title,” because they do not 
explain how the requirements differ in any 
material way. See E. Ohio Gas Co. v. Pub. Util. 
Comm., 39 Ohio St.3d 295, 299, 530 N.E.2d 875 
(1988) (“words in statutes should not be 
construed to be redundant, nor should any words 
be ignored”).

“[T]he full and correct title, if any, of the zoning

amendment * * * application”

{¶ 25} We must determine whether the board of 
elections abused its discretion or misapplied the 
law when it found that the referendum petition 
complied with R.C. 519.12(H)’s full-and-correct-
title requirement. On this question, because R.C. 
519.12(H) refers to the title of the application, we 
must examine the application Tam O’Shanter filed 
with the Jackson Township Zoning Commission.

{¶ 26} Tam O’Shanter’s application consisted of a 
completed, one-page form, two pages explaining 
Jackson Township’s amendment procedure, and 
four exhibits.2 The top of the one-page form 
identifies the document as “REQUEST FOR MAP 
AMENDMENT OF JACKSON TOWNSHIP 
ZONING RESOLUTION.” (Capitalization sic.) 
Immediately below those words are lines for “Date 
Filed,” “No.,” and “Application No.” On the copy of 
the application relators submitted as evidence, 
each of these lines is blank. Below that, “Tam 
O’Shanter Company” is listed under “Property 
Owner(s),” and “Terry A. Moore, Esq.” is listed 
under “Applicant(s) or Agent.” The form did not 
request, and Tam O’Shanter’s application did not 
provide, a title for the application.

{¶ 27} By including the words “if any” in relation to 
R.C. 519.12(H)’s full-and-correct-title requirement, 
the General Assembly allowed for the possibility 
that a township-zoning-amendment proposal 
might not have a formal title. Because Tam 
O’Shanter’s application includes no discernable 
title, no title could be

2 The exhibits provide the property’s legal 
description, the site plan, Tam O’Shanter’s 
reasons for the proposal, and a list of adjoining 
property owners.

included in the referendum petition. We conclude, 
therefore, that the board of elections did not 
abuse its discretion in finding that the petition was 
not deficient with respect to this requirement.

{¶ 28} In reaching this conclusion, we distinguish 
the cases on which relators rely and in which we 
emphasized the importance of providing the title 
of the proposed measure in a referendum petition. 
In those cases, which involved statutes other than 
R.C. 519.12 that do not include the “if any” 
language, there was no dispute over whether the 
zoning proposal at issue had a title. See State ex 
rel. Becker v. Eastlake, 93 Ohio St.3d 502, 506-
507, 756 N.E.2d 1228 (2001) (involving

R.C. 731.31); State ex rel. Esch v. Lake Cty. Bd. 
of Elections, 61 Ohio St.3d 595, 597, 575 N.E.2d 
835 (1991) (involving R.C. 731.31); State ex rel. 
Burech v. Belmont Cty. Bd. of Elections, 19 Ohio 
St.3d 154, 155-156, 484 N.E.2d 153 (1985) 
(involving R.C. 305.32).

“[T]he name by which the amendment is known”

{¶ 29} We next must determine whether the board 
of elections abused its discretion or misapplied 
the law when it found that the referendum petition 
furnished “the name by which the amendment is 
known.” With respect to this inquiry, relators invite 
us to examine evidence from numerous sources, 
including a letter Bennell sent to Jackson 
Township residents in March 2017 in which he 
referred to “Tam O’Shanter Golf Course” and 
identified “Tam O’Shanter Company” as the owner 
of the property sought to be rezoned; letters 
authored by relators’ attorney that referred to 
“Tam O’Shanter Company,” “Zoning Application 
filed by Tam O’Shanter,” or “Tam O’Shanter’s 
zoning application”; and a transcript of the board-
of-trustees public meeting on the proposed 
rezoning in which participants referred to “Tam 
O’Shanter.” Relators also ask us to consider a 
photo of a campaign sign against the rezoning 
that refers to “Tam O’Shanter” and local media 
coverage, including letters to editors, that referred 
to “Tam O’Shanter” in various forms.

{¶ 30} But nothing in R.C. 519.12(H) suggests that 
a board of elections (or by extension this court) 
should consider this type of evidence to determine 
“the name by which [a zoning] amendment is 
known.” Indeed, this type of evidence, along with 
the statute’s use of the passive voice, begs the 
question: known by whom?

{¶ 31} The statutory language does not clearly 
answer this question. It is possible that the statute 
refers to the name by which the zoning 
amendment is known to the applicant or to 
electors (thus making relevant the evidence 
relators submitted), but it is also possible that it 
refers to the name by which the amendment is 
known to the entity that approved the amendment
—the township board of trustees. We reject the 
former interpretation as unworkable; it still leaves 
open questions regarding how to decide whose 
name for the amendment should prevail. We find 
it unlikely that the General Assembly intended for 
boards of elections and courts to determine how a 
zoning amendment is colloquially known to the 
general public. The better approach is to examine 
evidence that shows how the township board of 
trustees—the promulgating entity—identified the 
zoning amendment. This approach is supported 
by the longstanding rule of construction that 
favors the workable application of statutory 
provisions. See Prosen v. Duffy, 152 Ohio St. 139, 
87 N.E.2d 342 (1949), paragraph one of the 
syllabus (“A statute should be given that 
construction, unless such is prohibited by the 
letter of the statute, which will accord with 
common sense and reason and not result in 
absurdity or great inconvenience”).

{¶ 32} Under this standard, the relevant evidence 
submitted includes the board of trustees’ notice of 
decision, public-hearing notices and meeting 
agendas related to Tam O’Shanter’s rezoning 
proposal, and, possibly, the testimony of the 
Jackson Township fiscal officer at the board-of-
elections hearing. On the whole, this evidence 
does not support relators’ claim that the board of 
elections abused its discretion in finding that the 
amendment was not known by a name that 
included the words “Tam O’Shanter.”

{¶ 33} The strongest evidence favoring relators is 
the testimony of the township’s fiscal officer, 
Randy Gonzalez. He referred to the amendment 
as “[t]he Tam O’Shanter rezone” and testified as 
follows:

Q. So throughout the entire process, was this 
rezoning always known as the Tam O’Shanter 
rezoning?

A. Yes.

Q. Would you consider that to be the name by 
which the proposed rezoning was known?

A. Absolutely.

But in confirming that the proposal was “always 
known as the Tam O’Shanter rezoning,” Gonzalez 
still did not answer the pressing question—known 
by whom? We hold that the board of elections 
acted within its discretion when it assigned 
greater weight to the documents produced by the 
township, rather than to Gonzalez’s personal 
opinion.

{¶ 34} As explained above, the documents do not 
support relators’ argument. The board of trustees’ 
notice of decision refers to “Tam O’Shanter” only 
once, under the words “Property Owner.” And 
although the public-hearing notices and agendas 
also refer to “Tam O’Shanter Company,” they do 
so only when identifying it as the property owner 
or applicant. The notice of decision and hearing 
notices consistently refer to the zoning proposal 
itself as “Amendment 630-17.”

{¶ 35} Relators argue that R.C. 519.12(H) 
required the referendum petition to furnish some 
version of the name “Tam O’Shanter” to notify 
electors of the subject of the petition. But in 
seeking this holding, relators are not asking us to 
apply R.C. 519.12(H) as written. In effect, they 
ask us to add language to the statute—to require 
not just the name of the amendment to be 
furnished but also the name of the property owner 
or applicant. We decline this invitation to alter the 
statutory language. See Columbia Res., 111 Ohio 
St.3d 167, 2006-Ohio-5019, 855 N.E.2d 815, at ¶ 
32.

{¶ 36} We conclude, therefore, that relators have 
not shown that the board of elections abused its 
discretion or misapplied the law when it found that 
the referendum petition provided “the name by 
which the amendment is known.”

“[A] brief summary of its contents”

{¶ 37} Relators also argue that the referendum 
petition did not satisfy the brief-summary 
requirement of R.C. 519.12(H) because the 
summary did not identify “Tam O’Shanter” as the 
owner of the property subject to the referendum. 
“The overriding purpose of the summary is to 
fairly and accurately present the question or 
issues to be decided so as to ensure that voters 
can make free, intelligent, and informed 
decisions.” State ex rel. Jacquemin v. Union Cty. 
Bd. of Elections, 147 Ohio St.3d 467, 2016-Ohio-
5880, 67 N.E.3d 759, ¶ 7. A petition summary 
“must be accurate and unambiguous” and not 
omit material information. Id. at ¶ 7,

8.

{¶ 38} In State ex rel. C.V. Perry & Co. v. Licking 
Cty. Bd. of Elections, 94 Ohio St.3d 442, 445, 764 
N.E.2d 411 (2002), we held that a summary 
complied with R.C. 519.12(H) when it contained 
wording that was substantially the same as the 
language used in the zoning-amendment 
resolution itself. We explained that we would not 
penalize the township electors for “summarizing 
the resolution [in their referendum petition] with 
substantially the same wording as the resolution 
itself.” Id.

{¶ 39} Like the petition in C.V. Perry, the summary 
at issue here contained wording that is 
substantially the same as the language of the 
notice of decision announcing approval of 
Amendment 630-17. The summary specified the 
proposed zoning change from “R-R Rural 
Residential District” to “B-3 Commercial Business 
District,” identified the size and location of the 
property “at the southeast corner of Everhard and 
Fulton,” and repeated the exact wording of the 
board of trustees’ decision. The language, 
therefore, accurately reflected the language of the 
proposed zoning amendment.

{¶ 40} Although it is true that the petition’s 
summary did not include the name of the property 
owner, relators provide no legal support for their 
argument that the omission of this information 
would mislead or confuse electors. The summary 
identified the size and location of the land at 
issue, and it specified the proposed zoning 
change. Relators have not shown that electors 
needed additional information about the owner’s 
identity to make a “free, intelligent, and informed 
decision[],” Jacquemin, 147 Ohio St.3d 467, 2016-
Ohio-5880, 67 N.E.3d 759, at ¶ 7, regarding the 
petition.

{¶ 41} For the foregoing reasons, we deny 
relators’ motion to strike, dismiss their claim for a 
writ of mandamus, and deny their claim for a writ 
of prohibition.

Claim for writ of mandamus dismissed

and claim for writ of prohibition denied.

O’CONNOR, C.J., and KENNEDY, FRENCH, and 
O’NEILL, JJ., concur.

O’DONNELL, FISCHER, and DEWINE, JJ., 
concur in judgment only.

McTigue & Colombo, L.L.C., Donald J. McTigue, 
J. Corey Colombo, Derek S. Clinger, and Ben F.C. 
Wallace; and Krugliak, Wilkins, Griffiths & 
Dougherty Co., L.P.A., Terry A. Moore, Aletha M. 
Carver, and Owen J. Rarric, for relators.

John D. Ferrero, Stark County Prosecuting 
Attorney, and Deborah A. Dawson and Stephan P. 
Babik, Assistant Prosecuting Attorneys, for 
respondent.





Supreme Court Case Announcement for October 
12, 2017




[Until this opinion appears in the Ohio Official 
Reports advance sheets, it may be cited as State 
ex rel. Cowell v. Croce, Slip Opinion No. 2017-
Ohio-8132.]

NOTICE This slip opinion is subject to formal 
revision before it is published in an advance sheet 
of the Ohio Official Reports. Readers are 
requested to promptly notify the Reporter of 
Decisions, Supreme Court of Ohio, 65 South 
Front Street, Columbus, Ohio 43215, of any 
typographical or other formal errors in the opinion, 
in order that corrections may be made before the 
opinion is published.

SLIP OPINION NO. 2017-OHIO-8132
THE STATE EX REL. COWELL, APPELLANT, v. 
CROCE, JUDGE, APPELLEE.
[Until this opinion appears in the Ohio Official 
Reports advance sheets, it
may be cited as State ex rel. Cowell v. Croce, Slip 
Opinion No.
2017-Ohio-8132.]

Mandamus—Appellant failed to comply with 
mandatory filing requirement of R.C. 2969.25(C)
—Court of appeals’ dismissal of petition affirmed.

(No. 2016-1257—Submitted May 16, 2017—
Decided October 12, 2017.) APPEAL from the 
Court of Appeals for Summit County, No. 28280.
Per Curiam.

{¶ 1} We affirm the judgment of the Ninth District 
Court of Appeals dismissing the complaint of 
appellant, Joshua R. Cowell, for writs of 
mandamus and/or procedendo.

{¶ 2} In April 2011, Cowell pleaded guilty to and 
was convicted of aggravated burglary, felonious 
assault, rape, and kidnapping. The trial court

SUPREME COURT OF OHIO

sentenced him to consecutive prison terms 
totaling 25 years and determined that none of the 
offenses were allied offenses under R.C. 2941.25.

{¶ 3} In June 2016, Cowell filed in the Ninth 
District a complaint for a writ of mandamus or, in 
the alternative, a writ of procedendo against 
appellee, Summit County Court of Common Pleas 
Judge Christine Croce. He argued that his 
sentence is void for two reasons: the trial court 
incorrectly found that none of the offenses were 
allied offenses and it failed to make the necessary 
findings before imposing consecutive sentences 
in violation of R.C. 2929.14(C)(4). Cowell 
submitted two affidavits with his complaint: an 
“affidavit setting forth the nature of the claims” and 
a “combined affidavit of inmate under R.C. 
2969.21, et seq., and motion to waive payment or 
prepayment of the costs of this action.”

{¶ 4} The court of appeals dismissed Cowell’s 
complaint, finding that he had failed to comply 
with the mandatory filing requirements of R.C. 
2969.25(A) and (C).

{¶ 5} R.C. 2969.25(C)(1) requires that an inmate 
who files a civil action against a government entity 
or employee in forma pauperis file with the 
complaint an affidavit of indigency and “[a] 
statement that sets forth the balance in the inmate 
account of the inmate for each of the preceding 
six months, as certified by the institutional 
cashier.” Cowell failed to comply with the statute 
because his certified account statement covered 
only the six-month period ending March 10, 2016, 
even though he filed his complaint in June 2016. 
An inmate’s failure to satisfy R.C. 2969.25(C)(1) 
requires dismissal of the inmate’s action. State ex 
rel. Bates v. Eppinger, 147 Ohio St.3d 355, 2016-
Ohio-7452, 65 N.E.3d 746, ¶ 5. Further, “a later 
filing of the proper statement does not cure the 
defect.” Id. at ¶ 6.

{¶ 6} We reject Cowell’s argument that under R.C. 
2969.24(C), the court of appeals should have held 
a hearing before dismissing his complaint. That 
provision addresses dismissal of an inmate’s 
complaint based on a court’s finding that “[t]he 
allegation of indigency in a poverty affidavit filed 
by the inmate is false,”

2

January Term, 2017

the claim or issues of law presented in the civil 
action “are frivolous or malicious,” or “[t]he inmate 
filed an affidavit required by [R.C. 2969.25 or 
2969.26] that was materially false.” R.C. 
2969.24(A). But the court of appeals dismissed 
Cowell’s complaint because his affidavit contained 
insufficient information—not because it contained 
false information or was frivolous or malicious.

{¶ 7} Because we conclude that the court of 
appeals correctly determined that Cowell failed to 
comply with R.C. 2969.25(C), we need not 
address whether he complied with R.C. 
2969.25(A).

Judgment affirmed. O’CONNOR, C.J., and 
O’DONNELL, KENNEDY, FRENCH, O’NEILL, 
FISCHER, and DEWINE, JJ., concur.

Joshua R. Cowell, pro se.

Sherri Bevan Walsh, Summit County Prosecuting 
Attorney, and Colleen Sims, Assistant Prosecuting 
Attorney, for appellee.

3



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[Until this opinion appears in the Ohio Official 
Reports advance sheets, it may be cited as State 
ex rel. Perotti v. Clipper, Slip Opinion No. 2017-
Ohio-8134.]

NOTICE This slip opinion is subject to formal 
revision before it is published in an advance sheet 
of the Ohio Official Reports. Readers are 
requested to promptly notify the Reporter of 
Decisions, Supreme Court of Ohio, 65 South 
Front Street, Columbus, Ohio 43215, of any 
typographical or other formal errors in the opinion, 
in order that corrections may be made before the 
opinion is published.

SLIP OPINION NO. 2017-OHIO-8134
THE STATE EX REL. PEROTTI, APPELLANT, v. 
CLIPPER, WARDEN, ET AL.,
APPELLEES.
[Until this opinion appears in the Ohio Official 
Reports advance sheets, it
may be cited as State ex rel. Perotti v. Clipper, 
Slip Opinion No.
2017-Ohio-8134.]

Habeas corpus—Appellant failed to comply with 
mandatory filing requirement of

R.C. 2969.25(A)—Court of appeals’ dismissal of 
petition affirmed.

(No. 2016-1288—Submitted May 16, 2017—
Decided October 12, 2017.) APPEAL from the 
Court of Appeals for Lorain County, No. 
16CA010962.

Per Curiam. {¶ 1} We affirm the judgment of the 
Ninth District Court of Appeals dismissing the 
petition of appellant, John W. Perotti, for a writ of 
habeas corpus. {¶ 2} Perotti filed his petition on 
June 13, 2016, claiming that he had served the 
maximum sentence on each of his convictions 
and was entitled to immediate

SUPREME COURT OF OHIO

release from prison. On July 25, 2016, the court of 
appeals dismissed Perotti’s petition for his failure 
to comply with R.C. 2969.25(A) and (C).

{¶ 3} We affirm the court of appeals’ judgment. 
Perotti failed to file the affidavit of prior civil 
actions mandated by R.C. 2969.25(A). That 
statute requires an inmate who commences an 
action against a government entity to “file with the 
court an affidavit that contains a description of 
each civil action or appeal of a civil action that the 
inmate has filed in the previous five years in any 
state or federal court.” “ ‘The requirements of R.C. 
2969.25 are mandatory, and failure to comply with 
them subjects an inmate’s action to dismissal.’ ” 
State ex rel. McGrath v. McDonnell, 126 Ohio 
St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, ¶ 1, 
quoting State ex rel. White v. Bechtel, 99 Ohio 
St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5.

{¶ 4} Perotti admits to filing multiple federal 
habeas corpus actions against appellee Ohio 
Adult Parole Authority during the five years 
preceding the filing of his current petition. Yet he 
contends that he was not required to file the 
affidavit of prior civil actions because he did not 
seek a waiver of the court of appeals’ filing fee 
under R.C. 2969.25(C). But division (C) does not 
modify the affidavit requirement of division (A), 
which applies to all civil actions filed by inmates 
against a government entity or employee.

{¶ 5} Because we conclude that the court of 
appeals correctly determined that Perotti failed to 
comply with R.C. 2969.25(A), we need not 
address whether he complied with R.C. 
2969.25(C).

Judgment affirmed. O’CONNOR, C.J., and 
O’DONNELL, KENNEDY, FRENCH, O’NEILL, 
FISCHER, and DEWINE, JJ., concur.

John W. Perotti, pro se.

2

January Term, 2017

Michael DeWine, Attorney General, and Jerri L. 
Fosnaught, Assistant Attorney General, for 
appellees.

3





Supreme Court Case Announcement for October 
11, 2017

CASE ANNOUNCEMENTS

October 11, 2017

[Cite as 10/11/2017 Case Announcements, 2017-
Ohio-8136.]

MERIT DECISIONS WITH OPINIONS

2016-1183. State ex rel. Consortium for Economic 
& Community Dev. For Hough Ward 7 v. Russo , 
Slip Opinion No. 2017-Ohio-8133.

Cuyahoga App. No. 103657, 2016-Ohio-4704. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

Kennedy, J., concurs in judgment only.

MERIT DECISIONS WITHOUT OPINIONS

2016-0615. State ex rel. Kesterson v. Kent State 
Univ.

In Mandamus. Sua sponte, an alternative writ is 
granted and the following briefing schedule is set 
for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05: parties shall file 
any evidence they intend to present within 20 
days; relator shall file a brief within 10 days after 
the filing of the evidence; respondent shall file a 
brief within 20 days after the filing of relator’s 
brief; and relator may file a reply brief within 7 
days after the filing of respondent’s brief.

Kent State University shall file, under seal, copies 
of the unredacted documents at issue in this case 
at the time of the filing of the evidence.

Respondent’s motion to dismiss is denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1123. State ex rel. Kesterson v. Kent State 
Univ.

In Mandamus. Sua sponte, an alternative writ is 
granted and the following briefing schedule is set 
for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05: parties shall file 
any evidence they intend to present within 20 
days; relator shall file a brief within 10 days after 
the filing of the evidence; respondent shall file a 
brief within 20 days after the filing of relator’s 
brief; and relator may file a reply brief within 7 
days after the filing of respondent’s brief.

Kent State University shall file, under seal, copies 
of the unredacted documents at issue in this case 
at the time of the filing of the evidence.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-1016. State ex rel. Guyton v. Lorain Cty. 
Court of Common Pleas.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-1044. West v. Wainwright.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-1055. Snuggs v. Jenkins.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-1064. State ex rel. Bates v. Guernsey Cty. 
Court of Common Pleas.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2016-1161. State ex rel. Morley v. Zmuda.

Lucas App. No. L-16-1119. On motion to dismiss. 
Motion granted.

2017-1130. State v. Rodriquez.

Defiance App. No. 4-16-16, 2017-Ohio-1318. On 
motion for leave to file delayed appeal. Motion 
denied.

Fischer, J., dissents.

2017-1146. State v. Miller.

Clermont App. No. CA2016-08-057, 2017-Ohio-
2801. On motion for leave to file delayed appeal. 
Motion denied.

O’Neill and Fischer, JJ., dissent.

2017-1154. State v. Thomas.

Hamilton App. Nos. C-150581 and C-150555, 
2017-Ohio-4403. On motion for leave to file 
delayed appeal. Motion denied.

Kennedy and O’Neill, JJ., dissent.

Fischer, J., not participating.

2017-1166. State v. McNeely.

Lucas App. No. L-16-1076. On motion for leave to 
file delayed appeal. Motion denied.

Fischer, J., dissents.

2017-1167. State v. Roberts.

Hamilton App. Nos. C-140331 and C-160556, 
2016-Ohio-903. On motion for leave to file 
delayed appeal. Motion denied.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.

2017-1173. State v. Adams.

Lorain App. No. 15CA010868, 2017-Ohio-1178. 
On motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days of the date of 
this entry.

O’Connor, C.J., and French and Fischer, JJ., 
dissent.

2017-1206. In re D.F.

Coshocton App. Nos. 2016CA0015 and 
2016CA0016, 2017-Ohio-7307. On motion for 
stay of appellate decision. Motion granted.

O’Donnell and O’Neill, JJ., dissent.

2017-1244. Bank of Am., N.A. v. Brown.

Cuyahoga App. No. 105954. On motion for stay of 
eviction, stay of sheriff sale, and to restore all 
utilities back into movant’s name. Motion denied.

2017-1277. Martens v. Findlay.

Hancock App. No. 5-17-20. On amended motion 
for stay pending appeal and for expedited ruling. 
Motion denied.

APPEALS ACCEPTED FOR REVIEW

2017-0256. State v. Hamilton.

Lorain App. No. 15CA010830, 2017-Ohio-230. 
Cause accepted, judgment vacated, and cause 
remanded to trial court for application of State v. 
Gonzales, 150 Ohio St.3d 276, 2017-Ohio-777, 
81 N.E.3d 419. Appellee’s motion to dismiss 
denied.

O’Neill, J., dissents and would accept the cause 
and affirm the decision of the court of appeals 
pursuant to State v. Gonzales, 150 Ohio St.3d 
261, 2016-Ohio-8319, 81 N.E.3d 405.

2017-0279. Wells Fargo Bank, N.A. v. Burd.

Franklin App. No. 15AP-1044, 2016-Ohio-7706.

O’Connor, C.J., and Fischer, J., dissent.

O’Donnell, J., not participating.

2017-0327. Toledo v. State.

Lucas App. No. L-15-1286, 2017-Ohio-215.

O’Connor, C.J., and French and O’Neill, JJ., 
dissent.

2017-0344. State v. Ireland.

Franklin App. No. 15AP-1134, 2017-Ohio-263.

O’Donnell, Kennedy, and O’Neill, JJ., dissent.

2017-0936. State v. Bowshier.

Clark App. No. 2015-CA-54 and 2015-CA-73, 
2017-Ohio-1386. Cause accepted on proposition 
of law No. I.

O’Connor, C.J., and O’Donnell and O’Neill, JJ., 
dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1779. State v. Hale.

Cuyahoga App. No. 103654, 2016-Ohio-5837.

O’Neill, J., dissents.

2017-0154. Horn v. Dept. of Ins.

Lorain App. No. 15CA010892, 2017-Ohio-231.

2017-0159. State v. Dickerson.

Cuyahoga App. No. 102461, 2017-Ohio-177.

O’Donnell and DeWine, JJ., dissent.

2017-0214. State v. Roller.

Mahoning App. No. 15 MA 0164, 2016-Ohio-8554.

O’Donnell, J., dissents.

2017-0217. State v. Grad.

Medina App. No. 15CA0014-M, 2016-Ohio-8388.

2017-0243. Summit Cty. Sheriff v. Fraternal Order 
of Police.

Summit App. No. 28019, 2017-Ohio-72.

O’Donnell, J., dissents.

French, J., not participating.

2017-0247. Cahill v. Testa.

Lake App. No. 2015-1-111.

2017-0255. State v. McCall.

Lorain App. No. 15CA010861, 2017-Ohio-34.

2017-0263. State v. Plott.

Seneca App. Nos. 13-15-39 and 13-15-40, 2017-
Ohio-38.

2017-0264. Bank of Am., N.A. v. Calloway.

Cuyahoga App. No. 103622, 2016-Ohio-7959.

French and Fischer, JJ., dissent and would accept 
the cause on proposition of law No. I.

2017-0267. State v. Napier.

Clermont App. No. CA2016-04-022, 2017-Ohio-
246.

Kennedy and O’Neill, JJ., dissent.

2017-0268. State v. Norman.

Cuyahoga App. No. 104244, 2017-Ohio-92.

2017-0270. State v. Johnson.

Franklin App. No. 15AP-946, 2016-Ohio-8494.

O’Donnell, J., not participating.

2017-0273. State v. Blatchford.

Preble App. No. CA2015-12-023, 2016-Ohio-
8456.

2017-0278. State v. Taylor.

Lucas App. No. L-15-1309, 2017-Ohio-139.

2017-0295. Vontz v. Miller.

Hamilton App. No. C-150693, 2016-Ohio-8477.

Fischer and DeWine, JJ., not participating.

2017-0302. State v. Ledford.

Clermont App. No. CA2016-04-021, 2017-Ohio-
149.

2017-0305. State v. Steed.

Wood App. No. WD-15-069, 2016-Ohio-8088.

O’Donnell, J., dissents.

2017-0308. Meyer v. Meyer.

Franklin App. No. 16AP-253, 2016-Ohio-5806.

2017-0311. Cuyahoga Metro. Hous. Auth. v. 
Fraternal Order of Police, Ohio Labor Council, Inc.

Cuyahoga App. No. 104319, 2017-Ohio-190.

French, J., not participating.

2017-0316. Third Fed. S. & L. Assn. of Cleveland 
v. Formanik.

Cuyahoga App. No. 103649, 2016-Ohio-7478.

Fischer, J., dissents and would accept the cause 
on proposition of law No. III.

2017-0322. Fifth Third Mtge. Co. v. Perry.

Pickaway App. No. 15CA22, 2016-Ohio-7811.

2017-0330. In re Certificate of Need Application 
for Project “Livingston Villa,” Cuyahoga Cty.

Franklin App. No. 15AP-1146, 2017-Ohio-196.

O’Donnell, J., dissents.

2017-0334. State v. Landrum.

Cuyahoga App. No. 104511, 2017-Ohio-389.

2017-0336. Elwood v. Elwood.

Hardin App. No. 6-15-10, 2016-Ohio-8205.

Kennedy and French, JJ., dissent.

2017-0342. Hetrick v. Dept. of Agriculture.

Franklin App. No. 15AP-944, 2017-Ohio-303.

2017-0343. Templeton v. Fred W. Albrecht 
Grocery Co.

Summit App. No. 27744, 2017-Ohio-282.

O’Donnell, O’Neill, and Fischer, JJ., dissent.

2017-0348. State v. Harmon.

Tuscarawas App. No. 2016AP080042, 2017-Ohio-
320.

2017-0353. Williams v. Midland Acres, Inc.

Madison App. No. CA2016-06-023, 2017-Ohio-
332.

2017-0375. State v. Smith.

Wayne App. No. 15AP0001, 2017-Ohio-359.

2017-0379. State v. Huffman.

Wayne App. No. 14AP0052, 2016-Ohio-8093.

O’Donnell, J., dissents and would accept the 
cause on proposition of law No. I.

2017-0381. State v. Scott.

Lorain App. Nos. 15CA010844 and 15CA010846, 
2017-Ohio-358.

O’Donnell, J., dissents.

2017-0428. MNH Truck Leasing Co., L.L.C. v. Dir., 
Dept. of Job & Family Servs.

Franklin App. Nos. 16AP-301, 16AP-302, and 
16AP-303, 2017-Ohio-442.

2017-0755. State v. Ammiyhuwd.

Butler App. No. CA2016-08-151

2017-0807. In re L.R.S.

Portage App. Nos. 2016-P-0050 and 2016-P-
0051, 2017-Ohio-2604.

French, J., not participating.

2017-0824. State v. Turner.

Cuyahoga App. No. 104490, 2017-Ohio-2755.

2017-0825. State v. Makin.

Cuyahoga App. No. 104010, 2017-Ohio-2649.

2017-0826. State v. Doll.

Scioto App. No. 16CA3731, 2017-Ohio-2894.

2017-0829. State v. Harris.

Cuyahoga App. No. 104329, 2017-Ohio-2751.

2017-0831. State v. Quinnie.

Cuyahoga App. No. 105104, 2017-Ohio-2663.

2017-0833. State v. Reese.

Muskingum App. No. CT2017-0015, 2017-Ohio-
2847.

2017-0835. State v. Heflin.

Lucas App. No. L-17-1089.

2017-0839. State v. Terry.

Montgomery App. No. 27102, 2017-Ohio-2686.

2017-0850. Fox v. Turner.

Marion App. No. 9-16-44.

2017-0856. Fried v. Abraitis.

Cuyahoga App. Nos. 104823 and 105071.

2017-0863. Hoteling v. Ozdemir.

Wyandot App. No. 16-16-04, 2017-Ohio-2922.

2017-0867. State v. Gaffin.

Adams App. No. 16CA1027, 2017-Ohio-2935.

2017-0868. State v. Shuster.

Morgan App. No. 16AP0012, 2017-Ohio-2776.

2017-0873. State v. Ridenour.

Montgomery App. No. 27409.

2017-0879. State v. Brigner.

Athens App. No. 17CA3, 2017-Ohio-5538.

2017-0888. State v. McCrae.

Muskingum App. No. CT2017-0008, 2017-Ohio-
2968.

O’Neill, J., dissents.

2017-0890. State v. Brooks.

Summit App. No. 28381, 2017-Ohio-2832.

O’Connor, C.J., not participating.

2017-0892. State ex rel. Clinton v. MetroHealth 
Sys.

Cuyahoga App. No. 104685, 2017-Ohio-2855.

2017-0894. State v. Potee.

Clermont App. No. CA2016-06-045, 2017-Ohio-
2926.

2017-0898. State v. Workman.

Clermont App. Nos. CA2016-10-065 and CA2016-
10-066, 2017-Ohio-2802.

2017-0900. State v. Henry.

Erie App. No. E-15-064, 2017-Ohio-2902.

2017-0901. State v. Chafin.

Franklin App. No. 17AP-209.

2017-0923. State v. Bullocks.

Hamilton App. No. C-150603.

2017-0924. State v. King.

Muskingum App. No. CT2017-0021, 2017-Ohio-
4258.

2017-0927. State v. Church.

Stark App. No. 2016CA00167.

2017-0932. State v. Baskerville.

Summit App. No. 28148, 2017-Ohio-4050.

2017-0953. State v. McClellan.

Stark App. No. 2016CA00142, 2017-Ohio-4402.

2017-0965. State v. Nunez.

Cuyahoga App. No. 104917, 2017-Ohio-5581.

2017-0968. State v. Scott.

Montgomery App. No. 27299, 2017-Ohio-4100.

2017-0977. State v. Nunez.

Cuyahoga App. No. 104623, 2017-Ohio-4295.

2017-0979. State v. Davis.

Cuyahoga App. No. 105925.

2017-0987. State v. Wade.

Jefferson App. No. 14 JE 0036, 2017-Ohio-4135.

2017-1096. In re C.D.

Franklin App. No. 16AP-779, 2017-Ohio-5870. 
Motion for stay of execution of judgment denied.

2017-1112. State v. Fulton.

Erie App. No. E-05-027.

2017-1205. In re C.D.

Franklin App. No. 16AP-784. Motion for stay and 
motion to consolidate denied.

O’Neill, J., dissents and would accept the cause 
and grant the motion for stay and the motion to 
consolidate.

RECONSIDERATION OF PRIOR DECISIONS

2017-0619. Harmon v. Hoffman.

In Mandamus and Prohibition. Reported at 150 
Ohio St.3d 1404, 2017-Ohio-6964, 78 N.E.3d 906. 
On motion for reconsideration. Motion denied. 
Relator’s motion to amend motion for 
reconsideration denied as moot.





CASE ANNOUNCEMENTS

October 10, 2017

[Cite as 10/10/2017 Case Announcements, 2017-
Ohio-8135.]

MERIT DECISIONS WITH OPINIONS

2016-0238. State v. Bembry , Slip Opinion No. 
2017-Ohio-8114.

Mahoning App. Nos. 14 MA 51 and 14 MA 52, 
2015-Ohio-5598. Judgment affirmed.

O’Connor, C.J., and Kennedy, O’Neill, and 
DeWine, JJ., concur.

O’Donnell and Fischer, JJ., concur in judgment 
only.

French, J., dissents and would dismiss the cause 
as improvidently accepted.



########################################
##########





v. Bembry, Slip Opinion No. 2017-Ohio-8114.]

NOTICE This slip opinion is subject to formal 
revision before it is published in an advance sheet 
of the Ohio Official Reports. Readers are 
requested to promptly notify the Reporter of 
Decisions, Supreme Court of Ohio, 65 South 
Front Street, Columbus, Ohio 43215, of any 
typographical or other formal errors in the opinion, 
in order that corrections may be made before the 
opinion is published.

SLIP OPINION NO. 2017-OHIO-8114
THE STATE OF OHIO, APPELLEE, v. BEMBRY 
ET AL., APPELLANTS.
[Until this opinion appears in the Ohio Official 
Reports advance sheets, it
may be cited as State v. Bembry, Slip Opinion No. 
2017-Ohio-8114.]

Criminal law—Once a warrant has been issued, 
the exclusion of evidence is not the appropriate 
remedy under Article I, Section 14 of the Ohio 
Constitution for a violation of the knock-and-
announce statute, R.C. 2935.12.

(No. 2016-0238—Submitted March 1, 2017—
Decided October 10, 2017.) APPEAL from the 
Court of Appeals for Mahoning County, Nos. 14 
MA 51 and 14 MA 52, 2015-Ohio-5598.
O’NEILL, J.

{¶ 1} In this appeal, we take up whether the 
exclusionary rule is the appropriate remedy when 
police executing a valid search warrant violate the 
requirements of the knock-and-announce statute, 
R.C. 2935.12. We conclude that the exclusion of 
evidence is not the proper remedy for a violation 
of the knock-andannounce statute. We therefore 
affirm the judgment of the Seventh District Court 
of Appeals and remand the cause to the trial court 
for further proceedings.
FACTS AND PROCEDURAL HISTORY

{¶ 2} Boardman police supervised two “controlled 
buys” in October 2012, during which a confidential 
informant purchased heroin from appellant 
Harsimran Singh near the apartment where Singh 
lived. Based upon the two incidents during which 
Singh sold heroin and upon his prior arrest for a 
crime of drug abuse, Boardman police sought and 
acquired a search warrant for Singh’s apartment.

{¶ 3} Singh lived with his girlfriend, appellant 
Sherri A. Bembry. Seven Boardman police officers 
executed the warrant at her apartment at 8:30 
a.m. on November 2, 2012. Officers knocked 
several times. Thirty seconds after police knocked 
on the door, someone in the apartment asked, 
“[W]ho is it?” An officer replied, “Police. Open the 
door.”

{¶ 4} After more time went by, police officers 
forced the door open with a battering ram. 
Detective Michael Dado claimed that the officers 
waited 15 seconds to enter the apartment after 
announcing their presence. Singh claimed that the 
entry was more immediate and that he was not 
sure that it was the police at his door. Detective 
Dado admitted that the police never stated their 
purpose, which was to execute a search warrant. 
Singh was taken from the apartment and thrown 
on the ground.

{¶ 5} The search turned up contraband in the form 
of drugs, instruments of drug trafficking, and a 
stolen weapon. Officers found marijuana, two 
digital scales coated with drug residue in the 
bedroom, and eight bindles of heroin packaged 
for sale in a dresser. They found a .38-caliber 
pistol that was registered in the Law Enforcement 
Automated Data System database as a stolen 
weapon. And they found a semiautomatic AK-47 
and two loaded magazines under the mattress, 
although the state ultimately charged no crimes 
regarding the rifle. After the search, officers 
learned that three children under the age of seven 
lived in a nearby apartment.

{¶ 6} A grand jury indicted Singh on one count of 
trafficking in heroin in the vicinity of a juvenile, 
R.C. 2925.03(A)(2) and (C)(6)(b); one count of 
possession of a controlled substance, R.C. 
2925.11(A) and (C)(6)(a); and one count of 
receiving a stolen firearm, R.C. 2913.51(A) and 
(C). Bembry was indicted on one count of 
permitting drug abuse, R.C. 2925.13(B) and (C)
(1) and (3).

{¶ 7} Bembry and Singh jointly moved to suppress 
all evidence obtained during the search. They 
claimed that “the search itself did not comport with 
the reasonableness requirement” of the Fourth 
Amendment to the United States Constitution and 
Article I, Section 14 of the Ohio Constitution. The 
state responded that the suppression of evidence 
is not the appropriate remedy when police 
executing a search warrant fail to comply with the 
knock-and-announce statute,

R.C. 2935.12. The trial court granted the motion 
to suppress, finding that the Boardman police had 
violated R.C. 2935.12 without any exigent 
circumstances justifying the violation.

{¶ 8} The state appealed pursuant to R.C. 
2945.67(A), raising the following assignment of 
error: “ ‘The trial court should have denied 
defendants’ motion to suppress, because the law 
is well-settled that the exclusionary rule does not 
apply to violations of the knock-and-announce 
rule.’ ” 2015-Ohio-5598, ¶ 7. The court of appeals 
explained that the facts of Bembry and Singh’s 
case were “virtually identical” to the facts in 
Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 
2159, 156 L.Ed.2d 56 (2006). 2015-Ohio-5598, at 
¶ 11. Applying the logic of Hudson, the court of 
appeals reversed the judgment of the trial court, 
vacated the suppression order, and remanded the 
matter. 2015-Ohio-5598, at ¶ 11-19.

{¶ 9} Bembry and Singh appealed, and we 
accepted jurisdiction over the following 
proposition of law: “The exclusionary rule is the 
appropriate remedy under Article I, Section 14 of 
the Ohio Constitution for a violation of R.C. 
2935.12.” See 145 Ohio St.3d 1470, 2016-Ohio-
3028, 49 N.E.3d 1313.
DISCUSSION

{¶ 10} The court of appeals made no mention of 
the independent protection provided by Article I, 
Section 14 of the Ohio Constitution. Generally, we 
will not consider any issue “that was not raised in 
any way in the Court of Appeals and was not 
considered or decided by that court.” Toledo v. 
Reasonover, 5 Ohio St.2d 22, 213 N.E.2d 179 
(1965), paragraph two of the syllabus. We have 
justified this rule in no uncertain terms:

Any other rule would relieve counsel from any 
duty or responsibility to the court, and place the 
entire responsibility upon the trial court to give 
faultless instructions upon every possible feature 
of the case, thereby disregarding entirely the true 
relation of court and counsel, which enjoins upon 
counsel the duty to exercise diligence and to aid 
the court, rather than by silence mislead the court 
into commission of error.

State v. Driscoll, 106 Ohio St. 33, 39, 138 N.E. 
376 (1922). It is therefore appropriate to address 
whether the foregoing proposition of law is 
properly before us before reaching the merits.

{¶ 11} The record before us shows that the issue 
was raised at the trial level and fully briefed at the 
appellate level. Bembry and Singh devoted much 
of their brief below to this court’s decisions holding 
that in some circumstances, Article I, Section 14 
of the Ohio Constitution affords greater protection 
than the Fourth Amendment; to the decisions of 
other state courts regarding suppression as a 
remedy for knock-and-announce violations; and to 
the significance of the General Assembly’s knock-
and-announce enactment, R.C. 2935.12. They 
submitted their brief more than a year before the 
court of appeals issued its judgment. Although the 
decision of the court of appeals does not offer any 
discussion regarding Article I, Section 14 of the 
Ohio Constitution, it appears from the record that 
the court of appeals considered and rejected the 
arguments asserted in Bembry and Singh’s only 
brief below. For those reasons, we hold that 
Bembry and Singh adequately preserved their 
proposition of law.

{¶ 12} We find further support from the Rules of 
Appellate Procedure, which permit an appellee 
“who does not seek to change the judgment or 
order” of a lower court to defend that judgment, 
even “on a ground other than that relied on by the 
trial court,” without “[filing] a notice of cross appeal 
or [raising] a cross-assignment of error.” App.R. 
3(C)(2). Bembry and Singh therefore met their 
duty to raise the issue to the court of appeals by 
briefing it there in detail. Accordingly, we will 
proceed to the merits of this appeal presuming 
that the lower court’s decision stands for the 
proposition that the United States Supreme 
Court’s decision in Hudson governs the 
appropriate remedy for a violation of the knock-
andannounce principle under both the Fourth 
Amendment to the United States Constitution and 
Article I, Section 14 of the Ohio Constitution.

{¶ 13} Turning to the proposition at hand, we must 
answer whether Ohio’s independent provision of 
the “right of the people to be secure * * * against 
unreasonable searches and seizures” in Ohio 
Constitution, Article I, Section 14 requires the 
suppression of evidence when police fail to 
comply with the knock-and-announce principle 
while executing a valid search warrant. We hold 
that it does not.

THE EXCLUSIONARY RULE

{¶ 14} The exclusionary rule is a fairly recent legal 
development, and its rise is inextricably entwined 
with the incorporation of the Bill of Rights within 
the Fourteenth Amendment. More than 100 years 
ago, the United States Supreme Court recognized 
the federal suppression remedy for warrantless 
searches and seizures, in Weeks v. United States, 
232 U.S. 383, 398, 34 S.Ct. 341, 58 L.Ed. 652 
(1914). The court held that a federal district court 
in Missouri committed error when it denied a 
criminal defendant’s pretrial application to return 
seized property on the grounds that the property 
was taken from his home during a warrantless 
search. Id.

{¶ 15} Prior to 1936, Ohio courts sometimes 
excluded evidence resulting from search-and-
seizure violations in criminal investigations, but 
application of the exclusion remedy was 
inconsistent. See State v. Lindway, 131 Ohio St. 
166, 172180, 2 N.E.2d 490 (1936). When this 
court squarely took up whether illegally obtained 
evidence should be barred from trial, it noted that 
courts in the majority of other states had “[held] 
such evidence admissible on the basis that if it is 
pertinent to the main issue in the case, a court 
need not concern itself with the collateral issue of 
how it was gotten.” Id. at 173. Joining the courts 
of those states, this court held that the Fourth 
Amendment had “no application to the various 
states” and that “[i]n a criminal case, evidence 
obtained by an unlawful search is not thereby 
rendered inadmissible.” Id. at paragraphs one and 
four of the syllabus. This court later reserved the 
exclusion remedy in Ohio courts to evidence 
produced by “ ‘ “brutal” or “offensive” ’ physical 
force” violating the Fourteenth Amendment. State 
v. Mapp, 170 Ohio St. 427, 430-431, 166 N.E.2d 
387 (1960), rev’d sub nom. Mapp v. Ohio, 367 
U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), 
quoting Breithaupt v. Abram, 352 U.S. 432, 436, 
77 S.Ct. 408, 1 L.Ed.2d 448 (1957).

{¶ 16} In deciding State v. Mapp, this court relied 
on Wolf v. Colorado, 338

U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949). 
Justice Frankfurter wrote for the court in Wolf that 
“[t]he notion that the “due process of law” 
guaranteed by the Fourteenth Amendment is 
shorthand for the first eight amendments of the 
Constitution and thereby incorporates them has 
been rejected by this Court again and again, after 
impressive consideration. * * * The issue is 
closed.” Id. at 26. On that basis, the United States 
Supreme Court held that the Fourth Amendment 
exclusionary rule announced in Weeks required 
the exclusion of “evidence obtained by an 
unreasonable search and seizure” from a federal 
court but that the Fourteenth Amendment did not 
require the same remedy for the same illegally 
obtained evidence in “a prosecution in a State 
court for a State crime.” Id. at 34. On the one 
hand, the court was able to recognize that “one’s 
privacy against arbitrary intrusion by the police—
which is at the core of the Fourth Amendment—is 
basic to a free society” and “therefore implicit in 
‘the concept of ordered liberty’ and as such 
enforceable against the States through the Due 
Process Clause.” Id. at 27-28. But on the other 
hand, the court was unwilling to choose a remedy 
on behalf of every jurisdiction in our nation 
because the law in the various states had already 
developed a number of mechanisms besides 
suppression to protect privacy in the home. Id. at 
28-33; id. at 30, fn. 1. As this court was not bound 
to impose in a state case the specific remedy the 
Supreme Court determined is required by the 
Fourth Amendment, it chose to retain the rule of 
Lindway that “evidence obtained by an unlawful 
search and seizure is admissible in a criminal 
prosecution.” State v. Mapp at 430.

{¶ 17} That ruling did not stand for long. In Mapp 
v. Ohio, the United States Supreme Court 
overruled its decision in Wolf and reversed this 
court’s decision in State v. Mapp. In overruling 
Wolf, the court adopted the reasoning of the 
California Supreme Court that the “other 
remedies” developed by the states for protection 
of the right to privacy “[had] been worthless and 
futile.” Mapp v. Ohio at 652, citing People v. 
Cahan, 44 Cal.2d 434, 282 P.2d 905 (1955). Left 
with only inadequate alternative remedies, the 
court held that the Fourth Amendment’s 
exclusionary remedy must be “enforceable 
against the States through the Due Process 
Clause of the Fourteenth [Amendment]” just the 
same as the Fourth Amendment’s right to privacy 
against arbitrary intrusion by the police. Id. at 655. 
The court remarked:

Were it otherwise, then just as without the Weeks 
rule the assurance against unreasonable federal 
searches and seizures would be “a form of 
words”, valueless and undeserving of mention in a 
perpetual charter of inestimable human liberties, 
so too, without that rule the freedom from state 
invasions of privacy would be so ephemeral and 
so neatly severed from its conceptual nexus with 
the freedom from all brutish means of coercing 
evidence as not to merit this Court’s high regard 
as a freedom “implicit in the concept of ordered 
liberty.”

Id. Put most simply, there can be no meaningful 
right to privacy in the home if the right has no 
meaningful remedy. And so, through operation of 
the Fourteenth Amendment, the Fourth 
Amendment applies in Ohio courts, it protects our 
right to privacy, and it may require the 
suppression of evidence gained in violation of that 
right.

{¶ 18} Although the exclusionary rule is 
undoubtedly available to remedy a violation of the 
Fourth Amendment, it is an entirely separate 
question “[w]hether the exclusionary sanction is 
appropriately imposed in a particular case.” 
United States v. Leon, 468 U.S. 897, 906, 104 
S.Ct. 3405, 82 L.Ed.2d 677 (1984). The 
exclusionary rule is “applicable only where its 
deterrence benefits outweigh its ‘substantial social 
costs.’ ” Pennsylvania Bd. of Probation & Parole v. 
Scott, 524

U.S. 357, 363, 118 S.Ct. 2014, 141 L.Ed.2d 344 
(1998), quoting Leon at 907. Those social costs 
“sometimes include setting the guilty free and the 
dangerous at large.” Hudson, 547 U.S. at 591, 
126 S.Ct. 2159, 156 L.Ed.2d 56. At the very least, 
exclusion prevents “consideration of reliable, 
probative evidence,” which “undeniably detracts 
from the truthfinding process.” Scott at 364. And 
so, before a court sanctions the exclusion of 
evidence, it must consider whether exclusion will 
actually remedy the wrong and deter future 
wrongdoing.

THE KNOCK-AND-ANNOUNCE PRINCIPLE

{¶ 19} The knock-and-announce principle is much 
older than the exclusionary rule, finding its roots in 
the ancient common law. Wilson v. Arkansas, 514 
U.S. 927, 932, 115 S.Ct. 1914, 131 L.Ed.2d 976 
(1995), fn. 2. The United States Supreme Court 
has explained that by virtue of its place in the 
common law before and during the founding era, 
the knock-and-announce principle “is an element 
of the reasonableness inquiry under the Fourth 
Amendment.” Id. at 934. In Ohio, the principle was 
more recently codified in R.C. 2935.12. State v. 
Oliver, 112 Ohio St.3d 447, 2007-Ohio-372, 860 
N.E.2d 1002, ¶ 9. The principle requires “police 
officers executing a search warrant at a residence 
to first knock on the door, announce their purpose, 
and identify themselves before they forcibly enter 
the home.”1 Id. at ¶ 9; accord Wilson at 931-932. 
Ohio’s codified version of the knock-and-
announce principle provides the same basic rule: 
police executing a warrant must give notice of 
their presence and purpose and may enter a 
home only after refusal of admission. R.C. 
2935.12(A) (“when executing a search warrant, 
the peace officer * * * executing the warrant * * * 
may break down an outer or inner door or window 
of a dwelling house or other building, if, after 
notice of his intention to * * * execute the warrant * 
* * he is refused admittance”). The knock-
andannounce principle becomes relevant only 
after a warrant has issued, for if a warrant has not 
issued, a search or seizure inside the home is 
“presumptively unreasonable” whether or not 
police give notice of their presence and purpose. 
Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 
1371, 63 L.Ed.2d 639 (1980); see also State v. 
Carr, 2d Dist. Montgomery No. 19121, 2002-Ohio-
4201, ¶ 13 (“The statute sets forth requirements to 
be followed when police are entering a residence 
to execute a warrant. The police in this case were 
not executing a warrant. Therefore, we conclude 
that R.C. 2935.12 is inapplicable to this case”).

{¶ 20} Despite the fact that the knock-and-
announce principle is “an element of the 
reasonableness inquiry under the Fourth 
Amendment,” Wilson at

1 Although there are exceptions to the knock-and-
announce rule, they are not relevant here, 
because the state has admitted that the officers 
did not comply with the rule while conducting their 
search. See Hudson at 589-590.

934, the United States Supreme Court held in 
Hudson that suppression is categorically the 
wrong remedy when police armed with a valid 
warrant violate the knock-and-announce principle. 
Hudson at 594, 599. The court gave two related 
reasons why “the massive remedy of suppressing 
evidence of guilt is unjustified.” Id. at 599.

{¶ 21} First, the knock-and-announce principle 
protects different interests than those protected by 
the warrant requirement and vindicated by the 
suppression remedy. Id. at 590-594. The warrant 
requirement protects the privacy of one’s home 
and its contents, while the suppression of 
evidence found during a warrantless search of the 
home appropriately restores the private nature of 
that evidence. Id. at

593. The knock-and-announce principle, however, 
protects “human life and limb” placed in jeopardy 
by “supposed self-defense by the surprised 
resident,” assures “the protection of property” that 
may be destroyed during a forced entry, and 
safeguards “elements of privacy and dignity that 
can be destroyed by a sudden entrance.” Id. at 
594. Suppressing evidence found during a 
warranted search of a home will not heal a 
physical injury, fix a door, or undo the shock of 
embarrassment when police enter without notice 
of their presence and purpose.

{¶ 22} Second, suppression will not effectively 
deter knock-and-announce violations. Id. at 594-
596. There is minimal incentive to violate the 
knock-andannounce principle in the first place, 
and the rule gives way in the name of safety, 
investigative necessity, or futility. Id. at 596. There 
is a danger that the risk of suppression would 
dissuade police from risking a knock-and-
announce violation in exigent circumstances, 
when they would have the benefit of an exception 
to the rule anyway. Id. at 594-596.

ARTICLE I, SECTION 14 OF THE OHIO 
CONSTITUTION

{¶ 23} Shortly after the United States Supreme 
Court decided Hudson, we heard oral argument in 
Oliver, 112 Ohio St.3d 447, 2007-Ohio-372, 860 
N.E.2d 1002. Id. at ¶ 11. In Oliver, we considered 
the state’s appeal from an order granting a motion 
to suppress evidence on the basis of a knock-
and-announce violation. Id. at ¶ 6-10. We noted in 
our decision that “Hudson present[ed] a significant 
and arguably new interpretation of the 
exclusionary rule,” and we remanded the matter 
for the trial court to consider Hudson in the first 
instance. Id. at ¶ 13. In Oliver, we did not 
comment on the question at issue in this matter: 
whether Article I, Section 14 of the Ohio 
Constitution provides greater protection from 
knock-andannounce violations than the Fourth 
Amendment as interpreted in Hudson. See id. at ¶ 
13.

{¶ 24} Now that the precise question has 
percolated through the lower courts in the wake of 
Hudson, we take it up today. We are, of course, 
bound to treat the exclusionary rule developed in 
Weeks and Mapp v. Ohio and the knock-and-
announce principle developed in Wilson and 
Hudson as “a floor below which state court 
decisions may not fall.” Arnold v. Cleveland, 67 
Ohio St.3d 35, 616 N.E.2d 163 (1993), paragraph 
one of the syllabus. We will generally “harmonize 
our interpretation of Section 14, Article I of the 
Ohio Constitution with the Fourth Amendment, 
unless there are persuasive reasons to find 
otherwise.” (Emphasis added.) State v. Robinette, 
80 Ohio St.3d 234, 239, 685 N.E.2d 762 (1997). 
Given “persuasive reasons” to find more 
expansive constitutional protections within the 
Ohio Constitution, we are entitled to do so. Id; see 
also State v. Mole, 149 Ohio St.3d 215, 2016-
Ohio-5124, 74 N.E.3d 368, ¶ 20 (plurality opinion).

{¶ 25} Bembry and Singh advance three 
arguments in support of more expansive 
constitutional protection under Article I, Section 14 
of the Ohio Constitution than under the Fourth 
Amendment for those who suffer a knock-
andannounce violation. First, they offer several 
trial- and appellate-court decisions that 
sanctioned suppression of evidence as a remedy 
for violating the knock-andannounce principle and 
that predate the United States Supreme Court’s 
decision in Wilson. See State v. Vuin, 89 Ohio 
Law Abs. 193, 198-199, 185 N.E.2d 506 
(C.P.1962); State v. Furry, 31 Ohio App.2d 107, 
112-113, 117, 286 N.E.2d 301 (6th Dist.1971); 
State v. DeFiore, 64 Ohio App.2d 115, 119, 411 
N.E.2d 837 (1st Dist.1979); State v. Valentine, 74 
Ohio App.3d 110, 113, 118, 598 N.E.2d 82 (4th 
Dist.1991). Singh and Bembry argue that these 
decisions prove that Article I, Section 14 of the 
Ohio Constitution required suppression as a 
remedy for a knock-and-announce violation 
because the United States Supreme Court had 
not yet formally recognized in Wilson that the 
knock-and-announce principle comprised part of 
the Fourth Amendment reasonableness inquiry.

{¶ 26} We are never bound by prior decisions of 
inferior courts. But these decisions fail even as 
persuasive authority for the argument advanced 
by Bembry and Singh. Each of the decisions 
offered by Bembry and Singh expressly rely upon 
the Fourth Amendment as the constitutional 
authority for suppressing evidence or affirming an 
order suppressing evidence. Vuin at 195, 200; 
Furry at 111-112; Defiore at 119-120; Valentine at 
113-114. To the extent that any of these decisions 
mention Article I, Section 14 of the Ohio 
Constitution, the courts said nothing about 
whether that provision offers any greater 
protection than the Fourth Amendment. Vuin at 
195, 200.

{¶ 27} Second, Bembry and Singh point to our 
decisions that have extended the protections of 
Article I, Section 14 of the Ohio Constitution 
beyond the protections of the Fourth Amendment 
in cases where police have stopped or arrested 
an individual for a minor misdemeanor without a 
warrant. State v. Jones, 88 Ohio St.3d 430, 727 
N.E.2d 886 (2000); State v. Brown, 99 Ohio St.3d 
323, 2003-Ohio-3931, 792 N.E.2d 175 (“Brown I”); 
State v. Brown, 143 Ohio St.3d 444, 2015-Ohio-
2438, 39 N.E.3d 496 (“Brown II”). They argue that 
there is no reason not to apply the reasoning used 
in those cases to the question presented in this 
one.

{¶ 28} We are not convinced. Jones, Brown I, and 
Brown II are all distinguishable in an important 
way from the present case because they all 
turned in part on the lack of a valid warrant. When 
police stop or arrest an individual without a 
warrant, the individual has liberty and privacy 
interests in his or her person and property prior to 
the arrest. See Jones at 438-439. We held that 
the arrests in Jones and Brown I were 
unreasonable in light of the less serious minor-
misdemeanor violations at issue, and we restored 
the privacy the police violated during the arrests 
of the individuals in those cases by affirming 
orders to suppress evidence. Jones at 440-441; 
Brown I at ¶25. In Brown II, we held that the 
state’s interest in conducting a traffic stop for a 
minor misdemeanor outside of a police officer’s 
territorial jurisdiction was “outweighed by the 
intrusion upon the individual’s liberty and privacy 
that necessarily arises out of the stop.” (Emphasis 
added.) Id. at ¶ 25. Accordingly we affirmed the 
order of the court of appeals holding that 
suppression was required. Id. at ¶ 8, 26-27. In 
Jones, Brown I, and Brown II, suppression was 
the appropriate remedy because there was a 
privacy interest to vindicate. In the present case, a 
magistrate decided to subject the contents of 
Bembry and Singh’s home to state scrutiny by 
issuing a warrant before the search occurred. 
Because the warrant issued, Bembry and Singh’s 
privacy interest in their apartment abated within 
the scope of the search warrant. It makes no 
sense then to restore the privacy interest that 
existed prior to the issuance of the warrant by 
suppressing evidence merely because police 
executed the valid warrant in an unlawful manner.

{¶ 29} Finally, Bembry and Singh argue that 
pursuant to the discussion of the “new federalism” 
in Mole, 149 Ohio St.3d 215, 2016-Ohio-5124, 74 
N.E.3d 368, at ¶ 14-22, we should take the 
decisions of other state courts as persuasive 
authority on the question at hand. The authorities 
Bembry and Singh offer are simply not 
persuasive. Several of these decisions provide for 
suppression as a remedy for a violation of another 
state’s knock-and-announce statute or a criminal 
rule rather than a constitutional provision. State v. 
Cable, 51 So.3d 434, 441-443 (Fla.2010); 
Berumen v. State, 182 P.3d 635, 641-642 (Alaska 
2008); Commonwealth v. Chambers, 528 Pa. 403, 
410, 598 A.2d 539 (1991). The plain language of 
R.C. 2935.12 provides no remedy for its violation, 
and we cannot “brazenly ignore the unambiguous 
language of a statute” simply because another 
state would do so under its own law. Jacobson v. 
Kaforey, 149 Ohio St.3d 398, 2016-Ohio-8434, 75 
N.E.3d 203, ¶ 8. In still other states, the law in this 
area is as undeveloped as it is in Ohio. E.g., State 
v. Jean-Paul, 2013-NMCA-032, 295 P.3d 1072, 
1077 (“Our Supreme Court has not had the 
occasion since Hudson to reconsider [State v. 
Attaway, 117 N.M. 141, 1994-NMSC-011, 870 
P.2d 103] or the application of the exclusionary 
rule for knock-and-announce violations under the 
state constitution. * * * Therefore, Attaway 
controls, and the remedy for any violation of [the 
New Mexico Constitution’s] knock-and-announce 
requirement continues to be suppression of the 
evidence”).

{¶ 30} We find the United States Supreme Court’s 
reasoning in Hudson to be far more persuasive 
than the arguments made by Bembry and Singh. 
The knock-and-announce principle applies only 
when police execute a valid warrant. To acquire a 
valid warrant, police must first convince a neutral 
magistrate that there is probable cause to believe 
that a crime has been committed, sufficient to 
justify pulling aside the veil of privacy from the 
contents of a home. It makes fundamental sense 
that we would not restore privacy to the contents 
of a home to remedy the violation of a rule that 
applies only after the interest in privacy in the 
home has been overridden. To do so would be to 
make an end run around the authority of the 
magistrate that issued the warrant. There is a 
basic conceptual disconnect between the 
interests protected by the knock-and-announce 
principle and those vindicated by the suppression 
remedy. For the foregoing reasons, we are 
persuaded to “harmonize our interpretation of 
Section 14, Article I of the Ohio Constitution with 
the Fourth Amendment,” Robinette, 80 Ohio St.3d 
at 239, 685 N.E.2d 762, with regard to the 
appropriate remedy for a violation of the knock-
and-announce principle as codified in R.C. 
2935.12.
CONCLUSION

{¶ 31} Accordingly, we hold that once a warrant 
has been issued, the exclusionary rule is not the 
appropriate remedy under Article I, Section 14 of 
the Ohio Constitution for a violation of R.C. 
2935.12.

Judgment affirmed

and cause remanded.

O’CONNOR, C.J., and KENNEDY and DEWINE, 
JJ., concur.

O’DONNELL and FISCHER, JJ., concur in 
judgment only.

FRENCH, J., dissents and would dismiss the 
cause as improvidently granted.

Paul J. Gains, Mahoning County Prosecuting 
Attorney, and Ralph M. Rivera, Assistant 
Prosecuting Attorney, for appellee.

Louis M. Defabio, for appellants.

Michael DeWine, Attorney General, Eric E. 
Murphy, State Solicitor, and Peter T. Reed and 
Hannah C. Wilson, Deputy Solicitors, urging 
affirmance for amicus curiae Ohio Attorney 
General Michael DeWine.

Ron O’Brien, Franklin County Prosecuting 
Attorney, and Steven L. Taylor, Assistant 
Prosecuting Attorney, urging affirmance for 
amicus curiae Franklin County Prosecutor Ron 
O’Brien.

Timothy Young, Ohio Public Defender, and 
Katherine Ross-Kinzie, Assistant Public Defender, 
urging reversal for amicus curiae Ohio Public 
Defender.





Supreme Court Case Announcement for October 
9, 2017


CASE ANNOUNCEMENTS

October 9, 2017

[Cite as 10/09/2017 Case Announcements, 2017-
Ohio-8117.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF OCTOBER 9, 
2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the October 9, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2014-0454. State v. Watkins , 150 Ohio St.3d 366, 
2016-Ohio-8464.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/0454

2014-1208 and 2014-1209. Swartz v. 
Householder , 150 Ohio St.3d 341, 2016-Ohio-
5817.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1208

2014-1614. Internatl. Paper Co. v. Testa , 150 
Ohio St.3d 348, 2016-Ohio-7454.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1614

2014-1655. Dahlgren v. Brown Farm Properties, 
L.L.C. , 150 Ohio St.3d 341, 2016-Ohio-5818.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1655

2014-1767. Eisenbarth v. Reusser , 150 Ohio 
St.3d 342, 2016-Ohio-5819.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1767

2014-1886. Taylor v. Crosby , 150 Ohio St.3d 344, 
2016-Ohio-5820.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1886

2014-1909. Farnsworth v. Burkhart , 150 Ohio 
St.3d 345, 2016-Ohio-5816. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1909

2014-1966. Tribett v. Shepherd , 150 Ohio St.3d 
346, 2016-Ohio-5821.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2014/1966

2015-0195. Thompson v. Custer , 150 Ohio St.3d 
347, 2016-Ohio-5823.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/0195

2015-0235. Carney v. Shockley , 150 Ohio St.3d 
348, 2016-Ohio-5824.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/0235

2015-1137. State v. Jackson , 150 Ohio St.3d 362, 
2016-Ohio-8127.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/1137

2015-2081 and 2016-0180. Wilson v. Lawrence , 
150 Ohio St.3d 368, 2017-Ohio-1410. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2015/2081

2016-0845. Cleveland Metro. Bar Assn. v. King , 
150 Ohio St.3d 1271, 2017-Ohio-2929. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0845

2016-0854. Geauga Cty. Bar Assn. v. Snavely , 
150 Ohio St.3d 1273, 2017-Ohio-4130. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0854

2016-0923. State ex rel. Love v. O’Donnell , 150 
Ohio St.3d 378, 2017-Ohio-5659. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/0923

2016-1033. State v. Bettis , 150 Ohio St.3d 367, 
2016-Ohio-8472. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/1033

2016-1303. Wills v. Turner, 150 Ohio St.3d 379 , 
2017-Ohio-6874. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2016/1303

2017-0226. Lorain Cty. Bar Assn. v. Williamson , 
150 Ohio St.3d 382, 2017-Ohio-6963. 

2017-0663. Dayton Bar Assn. v. Wilcoxson , 150 
Ohio St.3d 1274, 2017-Ohio-4206. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0226

2017-0663. Dayton Bar Assn. v. Wilcoxson , 150 
Ohio St.3d 1282, 2017-Ohio-7157.  
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0663

2017-0732. In re Resignation of Pioch , 150 Ohio 
St.3d 1277, 2017-Ohio-5539. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0732

2017-0881. In re Scudder , 150 Ohio St.3d 1280, 
2017-Ohio-5720. 
https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/0881

MOTION AND PROCEDURAL RULINGS

2017-0087. State v. Carnes.

Hamilton App. No. C-150752, 2016-Ohio-8019. 
On motion for appointment of the Office of the 
Ohio Public Defender as counsel. Motion granted.





Supreme Court Second Case Announcement for 
October 6, 2017


CASE ANNOUNCEMENTS

October 6, 2017

[Cite as 10/06/2017 Case Announcements #2, 
2017-Ohio-8110.]

MERIT DECISIONS WITH OPINIONS

2017-1239. State ex rel. Flak v. Betras , Slip 
Opinion No. 2017-Ohio-8109.

In Mandamus. Writs denied.

O’Donnell, Kennedy, French, and DeWine, JJ., 
concur.

Fischer, J., dissents, with an opinion joined by 
O’Connor, C.J., and O’Neill, J.



########################################
########




Relators, Lynn Anderson, Susan L. Beiersdorfer, 
Kathleen K. Berry, Marguerite Linda Felice, and 
Dario David Hunter, who are the Committee of 
Petitioners for the Youngstown People’s Bill of 
Rights for Fair Elections and Access to Local 
Government Charter Amendment (“Elections 
Charter Amendment”); and Christine Agnes Flak, 
Mary C. Khumprakob, Raymond Nakley, Jr., 
Young Tensley, and Hattie Wilkins, who are the 
Committee of Petitioners for the Youngstown 
Drinking Water Protection Bill of Rights Charter 
Amendment (“Water Charter Amendment”), 
proceeding by and through counsel, set forth their 
Verified Complaint as follows:
PRELIMINARY STATEMENT

1. Relators seek a writ of mandamus to compel 
the Respondents David J. Betras, Mark E. 
Munroe, Robert J. Wasko and Tracey S. Winbush, 
who are the members of the Mahoning County 
Board of Elections (“Respondents,” “BOE” or 
“members of the BOE”) to comply with the 
requirements of the Municipal Charter of the City 
of Youngstown and constitutional, statutory, and 
common law to place the proposed Water Charter 
Amendment and the Elections Charter 
Amendment onto the Youngstown ballot for the 
November 7, 2017 general election. The two 
proposals were circulated within the City of 
Youngstown for the purpose of gathering requisite 
numbers of elector signatures during the spring 
and summer of 2017. A copy of each proposed 
Charter Amendment is attached hereto as 
Exhibits A and B respectively, and they are 
incorporated fully by reference as though herein 
rewritten.
JURISDICTION

    Jurisdiction generally lies with this Court 
pursuant to O.R.C. Chapter 2731, which governs 
mandamus proceedings in the courts, and 
specifically lays jurisdiction in Ohio’s Supreme 
Court by O.R.C. § 2731.02.

    The claims in this matter arise from the denial 
of Relators’ legal rights by Respondents, which 
occurred when Respondents refused on 
September 6, 2017 to perform their legal duty to 
place Relators’ Community Rights Charter 
Amendment on the ballot for the November 7, 
2017 general election, as delineated below.

THE PARTIES

    Relators Christine Agnes Flak, Mary C. 
Khumprakob, Raymond Nakley, Jr., Young 
Tensley, and Hattie Wilkins, the Water Petitioners 
Committee sponsoring the Water Charter 
Amendment, are registered voters of the City of 
Youngstown who associated for the purpose of 
gathering elector signatures on a formal petition to 
propose the amendment of the Municipal Charter 
of the City Youngstown for a public vote. The 
Charter Amendment contains a community bill of 
rights to strengthen local control over 
environmentally harmful projects and processes 
which threaten drinking water, deplete the supply 
of water for other uses and divert user 
maintenance fees to non-water related 
infrastructure projects. The proposed amendment 
would create a right to a healthy environment and 
provide means of enforcement; and would allow 
citizens to impose controls over corporate 
activities when they conflict with the public right to 
a healthy environment.

    Relators Lynn Anderson, Susan L. Beiersdorfer, 
Kathleen K. Berry, Marguerite Linda Felice, and 
Dario David Hunter, the Elections Petitioners 
Committee sponsoring the Elections Charter 
Amendment, are registered voters of the City of 
Youngstown who associated for the purpose of 
gathering elector signatures on a formal petition to 
propose the amendment of the Municipal Charter 
of the City Youngstown for a public vote. The 
purpose of the Elections Charter Amendment 
generally is to implement reforms to local 
elections practices, including campaign finance 
limitations, non-partisan elections, require paper 
ballots tracking to verify electronic results of 
elections, and to guarantee access to the ballot 
for citizen initiatives.

    The combined groups of Relators bring this suit 
on behalf of themselves and of other electors who 
may vote for one or both of the Charter 
Amendments in Youngstown.

7. Respondents David J. Betras, Mark E. Munroe, 
Robert J. Wasko and Tracey S.

Winbush are members of the Mahoning County 
Board of Elections (“BOE”) and are being sued in 
their official capacities for their failure and refusal 
to place the proposed Charter Amendments on 
the ballot. As board of elections members, they 
are capable of being sued and of having their 
decisions challenged in, and determined by, Ohio 
courts.
FACTUAL AVERMENTS

    On July 24, 2017, the Water Petitioners 
Committee submitted 69 part-petition forms 
containing 2,085 signatures to the Youngstown 
City Clerk in support of placement of the proposed 
Water Charter Amendment on the ballot. On 
August 11, 2017, the BOE notified the 
Youngstown mayor and council that a total of 
1,428 signatures were determined by the BOE to 
be valid signatures of registered voters.

    On August 7, 2017, the Elections Petitioners 
Committee submitted 68 part-petition forms 
containing 1,948 signatures to the Youngstown 
City Clerk in support of placement of the proposed 
Elections Charter Amendment on the ballot. On 
August 21, 2017, the BOE notified the 
Youngstown mayor and council that a total of 
1,406 signatures were determined by the BOE to 
be valid signatures of registered voters.

    On August 23, 2017, the Youngstown City 
Council unanimously passed an ordinance which 
instructed the BOE to put the Elections Charter 
Amendment on the November 7, 2017 ballot. 
(See Exhibit C, Ordinance No. 17-333). The 
ordinance was delivered by the City to the BOE 
on August 25, 2017.

        On August 23, 2017, the Youngstown City 
Council unanimously passed an ordinance which 
instructed the BOE to put the Water Charter 
Amendment on the November 7, 2017 ballot.

        (See Exhibit D, Ordinance No. 17-332). The 
ordinance was delivered by the City to the BOE 
on August 25, 2017. 
    Relators requested the BOE to expeditiously 
add the Charter Amendment to the ballot via letter 
transmitted to the BOE on August 25, 2017 (See 
Exhibit C, attached). On September 6, 2017, the 
BOE voted 4-0 to exclude both Charter 
Amendments from the ballot for various reasons, 
including but not limited to: that the charter 
proposals contained provisions that were beyond 
the scope of municipal governments to legislate 
and enforce; that a provision in one amendment 
that would exempt acts of civil disobedience in 
support of the amendments would not be 
enforceable; that some charter amendment 
provisions exceed the limitations on municipal 
governments imposed by Ohio Const. Art. XVIII, 
§§ 3 and 7; and that courts would find some 
provisions unlawful or unenforceable. The Board 
of Elections thus improperly conducted 
substantive pre-election review of the Charter 
Amendment and invoked HB 463 to bar from the 
ballot two initiatives which were was ordered by 
the Youngstown Mayor and City Council to be 
placed on the ballot according to the requirements 
of the Ohio Constitution.

STATUTORY AND LEGAL FRAMEWORK

    The pathway for the filing and processing of 
initiative petitions originating with the Electors of 
the City of Youngstown is set by a combination of 
the Youngstown City Charter, Ohio Constitution 
and Revised Code. Section 120 of the Charter of 
the City of Youngstown states, “Amendments to 
this Charter shall be submitted to the Electors of 
the City of Youngstown in the manner provided by 
the Constitution and laws of the State of Ohio.”

    To determine the timetable for placement on 
the ballot, one must refer to the Ohio Constitution. 
Article XVIII, § 9 of the Ohio Constitution states:

Amendments to any charter framed and adopted 
as herein provided may be

submitted to the electors of a municipality by a 
two-thirds vote of the legislative authority

thereof, and, upon petitions signed by ten per 
centum of the electors of the municipality

setting forth any such proposed amendment, shall 
be submitted by such legislative

authority. The submission of proposed 
amendments to the electors shall be governed by

the requirements of section 8 as to the 
submission of the question of choosing a charter

commission; and copies of proposed 
amendments may be mailed to the electors as

hereinbefore provided for copies of a proposed 
charter, or pursuant to laws passed by the

general assembly, notice of proposed 
amendments may be given by newspaper

advertising. If any such amendment is approved 
by a majority of the electors voting

thereon, it shall become a part of the charter of 
the municipality. A copy of said charter or

any amendment thereto shall be certified to the 
secretary of state, within thirty days after

adoption by a referendum vote.

(Emphasis added).

15. The part of Ohio Const. Article XVIII, § 8 that 
is cross-referenced in § 9 says:

The ordinance providing for the submission of 
such question shall require that it

be submitted to the electors at the next regular 
municipal election if one shall occur not

less than sixty nor more than one hundred and 
twenty days after its passage; otherwise it

shall provide for the submission of the question at 
a special election to be called and held

within the time aforesaid.

16. Because of the Youngstown City Council’s 
unanimous passage of the two ordinances

instructing the BOE to place the two Charter 
Amendments on the ballot, the Respondents,

members of the BOE, have a constitutional 
obligation to do so by or before September 7, 
2017,

which is sixty (60) days before the election.

    The BOE is constrained to apply and follow 
only those parts of the Ohio Revised

    Consequently, the technical requirements that 
govern the BOE’s processing of

Code which may be applied in a manner 
consistent with the Ohio Constitution.

initiative petitions appear in O.R.C. § 3501.38, 
which requires petitions to be signed by electors

qualified to vote on the issue. Signatures must be 
made in ink; each signer must place on the

petition the signer’s name, date of signing, and 
location of voting residence. The petitions must

have, on each paper, the circulators’ indication of 
number of signatures and the circulators’ 
statement that they witnessed the signatures of 
qualified signers. The Petition must be submitted 
with all part petitions at one time.

19. It is undisputed that these requirements were 
properly observed by Relators and that sufficient 
numbers of valid signatures were timely submitted 
on petition forms which complied with the 
requirements of statute.

20. Respecting the handling of the two Charter 
Amendment proposals by the BOE, the

part of O.R.C. § 731.28 that applies to the instant 
circumstances states:

When a petition is filed with the city auditor or 
village clerk, signed by the required number of 
electors proposing an ordinance or other 
measure, such auditor or clerk shall, after ten 
days, transmit a certified copy of the text of the 
proposed ordinance or measure to the board of 
elections. The auditor or clerk shall transmit the 
petition to the board together with the certified 
copy of the proposed ordinance or other measure. 
The board shall examine all signatures on the 
petition to determine the number of electors of the 
municipal corporation who signed the petition. 
The board shall return the petition to the auditor or 
clerk within ten days after receiving it, together 
with a statement attesting to the number of such 
electors who signed the petition.

21. The BOE discharged its O.R.C. § 731.28 
responsibilities. However, the BOE refused to 
place the Charter Amendments on the ballot. In 
doing so, the BOE engaged in unconstitutional 
pre-election review, and applied recent 
amendments to the O.R.C. by House Bill 463, 
which became law on April 6, 2017. The following 
provisions of Ohio state law now purport to 
expand the BOE’s role beyond the ministerial 
review limitation of O.R.C. § 731.28:

O.R.C.
    § 3501.11 (K)(2) (“Each board of elections . . . 
shall do all of the following:”) Examine each 
initiative petition . . . received by the board to 
determine whether the petition falls within the 
scope of authority to enact via initiative and 
whether the petition satisfies the statutory 
prerequisites to place the issue on the ballot, as 
described in division (M) of section 3501.38 of the 
Revised Code. The petition shall be invalid if any 
portion of the petition is not within the initiative 
power.

O.R.C.
    § 3501.38(M) 

(1)
    Upon receiving an initiative petition . . . 
concerning a ballot issue that is to be submitted to 
the electors of a . . . municipal political 
subdivision, the board of elections shall examine 
the petition to determine: (a) Whether the petition 
falls within the scope of a municipal political 
subdivision's authority to enact via initiative, 
including, if applicable, the limitations placed by 
Sections 3 and 7 of Article XVIII of the Ohio 
Constitution on the authority of municipal 
corporations to adopt local police, sanitary, and 
other similar regulations as are not in conflict with 
general laws, and whether the petition satisfies 
the statutory prerequisites to place the issue on 
the ballot. The petition shall be invalid if any 
portion of the petition is not within the initiative 
power; . . . .

(2)
    After making a determination under division (M)
(1)(a) or (b) of this section, the board of elections 
shall promptly transmit a copy of the petition and 
a notice of the board's determination to the office 
of the secretary of state. Notice of the board's 
determination shall be given to the petitioners and 
the political subdivision. 

O.R.C. § 3501.39 (A)(3)

(A)
    The secretary of state or a board of elections 
shall accept any petition described in section 
3501.38 of the Revised Code unless one of the 
following occurs:. . . . 
(3)
    In the case of an initiative petition received by 
the board of elections, the petition falls outside the 
scope of authority to enact via initiative or does 
not satisfy the statutory prerequisites to place the 
issue on the ballot, as described in division (M) of 
section 3501.38 of the Revised Code. The petition 
shall be invalid if any portion of the petition is not 
within the initiative power. 

22. Respondents, members of the BOE, are 
barred by relevant constitutional principles

from peremptorily “invalidating” the Charter 
Amendment Petition on the ground of the 
Petition’s

substantive content. Since the Petitions conform 
to the structural requirements of constitution

and statute, with the requisite numbers of eligible 
electors as signatories, they must be put to a

formal public vote at the November 7, 2017 
general election. Respondents’ refusals to place 
the

Charter Amendments on the ballot were 
unconstitutional, arbitrary, illegal, and an abuse of 
their

legal authority.

23. Moreover, to the extent the Respondents 
members of the BOE relied on their

purported power to invalidate the Charter 
Amendment Petitions based upon statutory 
changes passed by the Ohio General Assembly in 
House Bill 463, the invocation of those powers by 
the BOE is unconstitutional because H.B. 463 
violates the constitutional “single-subject” rule.
FIRST CAUSE OF ACTION
(Elections Officials May Not Determine 
Substantive Legality
or Constitutionality of Charter Proposals)

    Relators incorporate by reference as though 
fully rewritten herein the contents of the foregoing 
paragraphs 1 through 23.

    The Mahoning County BOE is not 
constitutionally authorized to decide what the law 
is, and whether the proposed Youngstown Charter 
Amendments conform to an interpretation by the 
BOE. The BOE is limited to reviewing the 
sufficiency of the Petition and signature validity.

    The BOE’s veto of the Charter Amendment 
proposal exceeded any powers granted it by Ohio 
Const. XVIII, §§ 8 and 9, O.R.C. § 731.28 and the 
Supreme Court ruling in State ex rel. Walker v. 
Husted, 144 Ohio St.3d 361, 2015-Ohio-3749 
(2015). The authority to determine whether a 
ballot measure falls within the scope of the 
constitutional power of initiative does not permit 
election officials to sit as arbiters of the legality or 
constitutionality of a ballot measure's substantive 
terms. Walker, 2015-Ohio-3749, ¶ 15.

    Respondents have improperly refused and 
neglected to place the proposed Charter 
Amendments onto the ballot for the election on 
November 7, 2017, based on Respondents' 
preelection opinions of the legality or 
constitutionality of the proposal. Relators are 
entitled to a writ of mandamus from the Court 
ordering Respondents, members of the BOE, to 
place the Charter Amendment proposals (Exhibits 
A and B) on the ballot.

SECOND CAUSE OF ACTION
((HB 463 infringes upon sundry constitutional 
rights of Relators)

28. Relators incorporate by reference as though 
fully rewritten herein the contents of the foregoing 
paragraphs 1 through 27.

29. As amended by HB 463, O.R.C. § 3501.38(M)
(1) requires the BOE to decide “[w]hether the 
petition falls within the scope of a municipal 
political subdivision's authority to enact via 
initiative, including, if applicable, the limitations 
placed by Sections 3 and 7 of Article XVIII of the 
Ohio Constitution. . . .” O.R.C. § 3501.39 (A)(3) 
reinforces this power, requiring rejection of an 
initiative petition that “falls outside the scope of 
authority to enact via initiative or does not satisfy 
the statutory prerequisites to place the issue on 
the ballot. . . .”

    The determination called for by statute requires 
that the Respondents members of the BOE 
pronounce and then enforce their personal 
opinions of the constitutionality of a proposed 
initiative. This is impermissible, both because it is 
arbitrary and likely to be content-based, and 
further because it gives an Executive Branch 
agency (the BOE) a potential pre-election veto 
over any initiative with which the government 
disagrees.

    Respondents members of the BOE, by their 
rejection of the Charter Amendments from the 
ballot, have deprived Relators of their 
constitutional right under Ohio Const. Art. I, § 2 to 
change their form of government via initiative 
petition. This rejection of the Charter Amendment 
proposals from the ballot also violates Relators’ 
rights under Art. I, § 2 by depriving Relators of 
their right to legislate via initiative petition.

        Respondents, acting as an Executive Branch 
agency, have exercised quasi-judicial powers 
which are reserved for exercise by the Judicial 
Branch of Ohio government. Under provisions of 
HB 463, the BOE members have been designated 
by the Ohio General Assembly to sit as law 
judges over initiative proposals. O.R.C. § 3501.39 
as amended by HB 463 contains a constitutionally 
vague, undefined “standard” for Respondents to 
enforce, namely, whether “the

        petition falls outside the scope of authority to 
enact via initiative.” Respondents refused to put 
the Charter Amendment petitions on the ballot 
because in their opinions, they fall outside the 
scope of valid initiative enactments. 
    “[T]he issue of constitutionality can never be 
administratively determined.” Mobil Oil Corp. v. 
Rocky River, 38 Ohio St.2d 23, 26, 309 N.E.2d 
900, 902 (1974). H.B. 463 unconstitutionally 
infringes on the powers of the Judicial Branch as 
the sole determinant of the constitutionality and 
legality of municipal initiatives by authorizing 
boards of election in the Executive Branch to 
make precisely these types of rulings.

THIRD CAUSE OF ACTION
(HB 463 Amendments Deny Relators’ Right to 
Due Course of Law)

    Relators incorporate by reference as though 
fully rewritten herein the contents of the foregoing 
paragraphs 1 through 32.

    By invoking and applying the powers extended 
to boards of election by HB 463, Respondents 
have unconstitutionally deprived Relators of post-
election access to the courts of Ohio and to the 
right to due course of law as guaranteed by Ohio 
Const. Art. I, § 16. The due course of law requires 
that interpreting courts presume the legality and 
constitutionality of legislation. Due course of law 
further requires courts, post-election when dealing 
with live controversies and not mere advisory 
opinions, to preserve enacted laws to the 
maximum extent by presuming lawfulness and 
constitutionality. Courts further are obligated to 
follow the doctrine of severability to preserve as 
much of an enacted law as possible.

    O.R.C. § 3501.39 (A)(3), as amended by HB 
463, imposes not only a pre-election 
determination procedure which substitutes boards 
of election for courts and requires them to 
speculate about an initiative’s likely 
constitutionality and legality, but the new statute 
further

requires that “The petition shall be invalid if any 
portion of the petition is not within the initiative 
power.”

35. The effect of assigning boards of election 
these pre-election responsibilities and powers 
denies Relators of due course of law by depriving 
them of the benefit of judicial presumptions of 
legality and constitutionality and, where 
necessary, severability to preserve lawful and 
constitutional enactments.
FOURTH CAUSE OF ACTION (HB 463 
Amendments Deny Relators’ Rights of Free 
Speech and Association)

    Relators incorporate by reference as though 
fully rewritten herein the contents of the foregoing 
paragraphs 1 through 35.

    Respondent members of the BOE, by invoking 
and applying the powers extended to them by HB 
463, have deprived Relators of their rights of free 
speech and association for the purpose of 
petitioning their government for redress of 
grievances under U.S. Const. First Amendment 
and Ohio Const. Art. I, §§ 3 and 11.

FIFTH CAUSE OF ACTION
(H.B. 463 violates the ‘single-subject’ rule)

    Relators incorporate by reference as though 
fully rewritten herein the contents of the foregoing 
paragraphs 1 through 37.

    Article II, § 15(D) of the Ohio Constitution 
recognizes the one-subject rule applicable to the 
legislative process: “No bill shall contain more 
than one subject, which shall be clearly expressed 
in its title.” (Emphasis added.).

        The one-subject rule prevents logrolling, a 
practice where two or more unrelated provisions 
are included in a single piece of legislation for the 
purpose of facilitating the passage

        of laws that may otherwise lack majority 
support. See State ex rel. Dix v. Celeste, 11 Ohio 
St.3d 141, 142, 464 N.E.2d 153 (1984). 
    Ohio courts require legislation to serve a 
“common purpose or relationship” in order to 
comply with the one-subject rule. Acts are 
unconstitutional where there is “an absence of 
common purpose or relationship between specific 
topics in an act and when there are no discernible 
practical, rational or legitimate reasons for 
combining the provisions in one act.” Dix, 11 Ohio 
St. 3d at 157 (1984).

    The subjects addressed by H.B. 463 lack a 
common purpose or relationship. They include: 
(1) the powers of the board of county 
commissioners concerning the adoption of a 
county charter, (2) taxes on real property, (3) the 
removal of elected officers, (4) commercial 
transactions, (5) health insurance coverage for 
autism spectrum disorder, (6) foreclosures, (7) 
child abuse prevention councils, (8) duties of the 
Board of Elections, and (9) the Civil Rights 
Commission.

    These topics are so diverse as to defy any 
common purpose or relationship as required for 
compliance with the one-subject rule. 
Consequently, HB 463 violates the Ohio 
Constitution’s one-subject rule.

RELATORS ARE ENTITLED TO A WRIT OF 
MANDAMUS

        The writ of mandamus is an extraordinary 
remedy that arose historically to deal with 
situations like this, where there is no other avenue 
for justice. It is the Court’s duty in such situations 
to review the actions of the Respondents boards 
of elections to place limits on the exercise of their 
discretion to ensure that discretion is not 
exercised arbitrarily, or abused. It is further the 
Court’s duty, when a governmental official has 
refused to undertake a nondiscretion

        ary act, to order such act to be undertaken. 
    In light of the above-cited legal and 
constitutional infirmities of the acts undertaken by 
Respondents BOE members, Relators requested 
the BOE to decline to enforce the revisions 
caused by HB 463 to the Charter Amendment 
Proposal. (Exhibit F, August 15, 2017 letter). The 
BOE proceeded to exclude the Proposals from 
the November 7, 2017 ballot. Consequently, 
Relators have no adequate remedy at law and 
must be allowed to pursue mandamus relief in this 
Court.

    Relators have been denied their constitutional 
and statutory rights to alter their government by 
means of initiating their Charter Amendment 
Proposal by the arrogation of power, abuse of 
discretion, and refusals of Respondents members 
of the BOE to place the two Charter Amendment 
proposals on the ballot for the November 7, 2017 
general election.

    The Respondents’ collective refusal to place 
the two Charter Amendment proposals on the 
ballot was improper, unlawful, an abuse of 
discretion and arbitrary, and must be overruled by 
this Court.

    The acts or omissions of Respondents are ultra 
vires insofar as they ignore constitutional and 
statutory requirements. Respondents' acts and 
omissions must be corrected by a specific 
mandate from the Court. The Court must 
intervene to vindicate the rights of all of the 
Relators and to protect their rights under the Ohio 
Constitution to vote on properly-presented 
municipal charter amendments.

    Relators are entitled to a writ of mandamus to 
compel the Respondents members of the 
Mahoning County BOE to comply with the 
requirements of the Ohio Constitution and 
statutes and to place the two Charter Amendment 
proposals on the ballot for the November 7,

2017 general election.
REQUEST FOR EXPEDITED REVIEW

50. Due to the proximity of the election, Relators 
request an expedited review of this matter, 
pursuant to S.C.R.P 12.08. This lawsuit is filed 
approximately 61 days prior to the November 7, 
2017 general election. Relators have no plain or 
adequate remedy at law to correct the unlawful, 
unreasonable and/or arbitrary acts and abuses of 
discretion committed by the Respondents. 
Expedited review is necessary for a timely 
decision to allow placement of the Elections and 
Water Charter Amendment proposals on the City 
of Youngstown ballot in time for the election.

WHEREFORE , Relators pray the Court issue a 
peremptory writ of mandamus, or alternatively, an 
alternate writ, pursuant to O.R.C. Chapter 2731, 
which requires Respondents, members of the 
Mahoning County Board of Elections to comply 
with the requirements of the Ohio Constitution by 
immediately placing the Water and Elections 
Charter Amendment proposals on the November 
7, 2017 general election ballot for a public vote. 
Relators further request that they be awarded 
their costs and reasonable attorney fees, and 
such other and further relief at law or in equity as 
the Court may deem necessary and proper in the 
premises.

Respectfully submitted,

/s/ Terry J. Lodge

Terry J. Lodge, Esq. (S.Ct. #0029271) 316 N. 
Michigan St., Suite 520 Toledo, OH 43604-5627 
Phone 419.205.7084 Fax (440) 965-0708 
tjlodge50@yahoo.com Counsel for Relators 





Supreme Court Case Announcement for October 
6, 2017


CASE ANNOUNCEMENTS

October 6, 2017

[Cite as 10/06/2017 Case Announcements, 2017-
Ohio-8092.]

MOTION AND PROCEDURAL RULINGS

2016-1766. Three Harbor Berea 3035, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2252. On joint 
motion to remand to implement settlement. Motion 
granted. The cause is remanded to the Board of 
Tax Appeals to take further action as appropriate.





Ohio voters can use Judicial Votes 
Count, the state’s only nonpartisan, 
statewide judicial election 
resource, to learn more about 
municipal court candidates before 
casting their ballots in the 
November general election.

A total of 108 municipal court judge 
seats will be elected in 52 Ohio 
counties this year. Nearly 180 
candidates have filed for those 
seats.

Judicial Votes Count – at 
judicialvotescount.org – presents 
profiles of judicial candidates, 
including their judicial experience 
and why they are running for judge. 
Other resources on the website 
include videos about the different 
types of courts in Ohio and an 
explanation of why judges play an 
important role in their communities.

“Research shows that voters in Ohio 
want information on judicial 
candidates,” explained Chief Justice 
Maureen O’Connor. “Judicial Votes 
Count offers that resource and we 
hope candidates will fulfill their 
obligation to present their 
credentials and that voters, 
likewise, will educate themselves on 
judicial candidates before they 
vote.”

Judicial Votes Count is a 
nonpartisan partnership launched in 
2015 to better educate Ohioans about 
judges and the Ohio court system. 
The partnership also seeks to 
increase meaningful voter 
participation in judicial elections.

The website was created after a 2014 
survey by the Ray C. Bliss Institute 
of Applied Politics at the 
University of Akron found that most 
of 1,067 registered Ohio voters 
polled said they don’t vote for 
judges because they don’t know 
enough about the candidates.

Partners in the Judicial Votes Count 
project are Ohio Supreme Court Chief 
Justice Maureen O’Connor, the Bliss 
Institute, the League of Women 
Voters of Ohio, the Ohio State Bar 
Association, the Ohio News Media 
Association, and the Ohio 
Association of Broadcasters.

Prior to next year’s primary 
election, the Judicial Votes Count 
website will list all judicial seats 
up for election in the state in 
2018, as well as information on 
candidates running for courts at all 
judicial levels ‒ county court, 
common pleas court, district 
appellate court, and the Ohio 
Supreme Court. Voters in all Ohio 
counties will elect judges next 
year.





Supreme Court Case Announcement for October 
4, 2017


CASE ANNOUNCEMENTS

October 4, 2017

[Cite as 10/04/2017 Case Announcements, 2017-
Ohio-8047.]

MERIT DECISIONS WITH OPINIONS

2012-2026. State v. Thomas , Slip Opinion No. 
2017-Ohio-8011.

Lake C.P. No. 11CR 321. Judgment reversed and 
cause remanded.

O’Connor, C.J., and O’Donnell and O’Neill, JJ., 
concur.

French, J., concurs in judgment only.

Fischer, J., dissents, with an opinion joined by 
Kennedy and DeWine, JJ.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-067. In re Disqualification of Fleegle, Slip 
Opinion No. 2017-Ohio-8041 (decided July 31, 
2017).

17-AP-069. In re Disqualification of Schneider 
Carter, Slip Opinion No. 2017-Ohio-8042 (decided 
July 26, 2017).





Supreme Court Case Announcement for October 
3, 2017


CASE ANNOUNCEMENTS

October 3, 2017

[Cite as 10/03/2017 Case Announcements, 2017-
Ohio-8040.]

MEDIATION MATTERS

2017-0544. Daher v. DeWine. In Mandamus and 
Prohibition. Case returned to the regular docket 
under S.Ct.Prac.R. 19.01. Respondents shall file 
a response to the complaint within 21 days.

2017-0637. State ex rel. Sheets v. Indus. Comm.

Franklin App. No. 16AP-22, 2017-Ohio-1169. 
Case returned to the regular docket under 
S.Ct.Prac.R. 19.01. Appellant shall file a brief 
within 40 days and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07. As provided in S.Ct.Prac.R. 16.07, 
the court may dismiss the case or take other 
action if the parties fail to timely file merit briefs.

2017-1295. State ex rel. Ames v. Reinbold. In 
Procedendo. Case referred to mediation under 
S.Ct.Prac.R. 19.01.





Supreme Court Case Announcement for October 
2, 2017

CASE ANNOUNCEMENTS

October 2, 2017

[Cite as 10/02/2017 Case Announcements, 2017-
Ohio-7992.]

MOTION AND PROCEDURAL RULINGS

2017-0007. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-164 and 2016-
175. On agreed motion to remand to implement 
settlement. Motion granted. The cause is 
remanded to the Board of Tax Appeals to take 
further actions as appropriate.

DISCIPLINARY CASES

2017-1232. Disciplinary Counsel v. Brown. On 
certification of default. Pursuant to Gov.Bar R. 
V(14)(B)(1), an interim default suspension is 
immediately entered against Thomas Christopher 
Brown, Attorney Registration No. 0024054, last 
known business address in Geneva, Ohio.

2017-1364. In re Chuparkoff.

Pursuant to Gov.Bar R. V(18)(A)(4), Mark Andrew 
Chuparkoff, Attorney Registration No. 0071982, 
last known business address in Akron, Ohio, is 
suspended from the practice of law for an interim 
period.





Supreme Court Case Announcement for 
September 29, 2017

CASE ANNOUNCEMENTS

September 29, 2017

[Cite as 09/29/2017 Case Announcements, 2017-
Ohio-7893.]

MOTION AND PROCEDURAL RULINGS

2017-0413. State ex rel. Silver v. Pub. Emps. 
Retirement Sys.

Franklin App. No. 15AP-864, 2017-Ohio-445. On 
joint motion to remand. Motion granted.

DISCIPLINARY CASES

2017-1315. Disciplinary Counsel v. Deters.

On motion for immediate interim remedial 
suspension. Pursuant to Gov.Bar R. V(19)(B), an 
interim remedial suspension is immediately 
entered against Mark Alan Deters, Attorney 
Registration No. 0085094, last known business 
address in Bellbrook, Ohio.

MEDIATION MATTERS

2017-0690. State ex rel. Byington Builders, Ltd. v. 
Indus. Comm.

Franklin App. No. 15AP-407, 2017-Ohio-2623. 
This case is returned to the regular docket under 
S.Ct.Prac.R. 19.01. Appellant shall file a brief 
within 40 days, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07.





CASE ANNOUNCEMENTS

September 28, 2017

[Cite as 09/28/2017 Case Announcements, 2017-
Ohio-7866.]

MERIT DECISIONS WITH OPINIONS

2015-1975. Ferguson v. State , Slip Opinion No. 
2017-Ohio-7844.

Cuyahoga App. No. 102553, 2015-Ohio-4499. 
Judgment reversed.

Kennedy, French, O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Connor, C.J., and O’Donnell, J., concur in 
judgment only.

2016-0049. State v. Moore , Slip Opinion No. 
2017-Ohio-7851.

Muskingum App. No. CT2015-0027, 2015-Ohio-
3435. Judgment affirmed.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

Kennedy, French, and DeWine, JJ., concur in 
judgment only.

2016-0213. State v. Kepler , Slip Opinion No. 
2017-Ohio-7857.

Muskingum App. No. CT2015-0021, 2015-Ohio-
3291. Judgment reversed.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

Kennedy, French, and DeWine, JJ., concur in 
judgment only.

2016-0570. State v. Schroeder , Slip Opinion No. 
2017-Ohio-7858.

Lucas App. No. L-14-1228, 2016-Ohio-849. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

French, J., concurs in judgment only.

Kennedy, J., dissents and would affirm the 
judgment of the court of appeals.

DeWine, J., dissents and would affirm the 
judgment of the court of appeals for the reasons 
stated in his concurring opinion in State v. Grimes, 
__ Ohio St.3d __, 2017-Ohio-2927, __ N.E.3d __.

2016-0675. State v. Lonero , Slip Opinion No. 
2017-Ohio-7859.

Lucas App. No. L-14-1229, 2016-Ohio-1113. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

French, J., concurs in judgment only.

Kennedy, J., dissents and would affirm the 
judgment of the court of appeals.

DeWine, J., dissents and would affirm the 
judgment of the court of appeals for the reasons 
stated in his concurring opinion in State v. Grimes, 
__ Ohio St.3d __, 2017-Ohio-2927, __ N.E.3d __.

2017-0032. State v. Stevens , Slip Opinion No. 
2017-Ohio-7863.

Muskingum App. No. CT2016-0055, 2016-Ohio-
8568. Judgment reversed.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

Kennedy, French, and DeWine, JJ., concur in 
judgment only.

MOTION AND PROCEDURAL RULINGS

2016-1891. State v. Martin.

Summit App. No. 27789, 2016-Ohio-7764. On 
motions for admission pro hac vice of Ashley E. 
Goff, Peter Mazza, Kate Mogulescu, and Cynthia 
Godsoe. Motions granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice of permission 
with the Supreme Court’s Office of Attorney 
Services within 30 days.

DISCIPLINARY CASES

2014-0136. Lorain Cty. Bar Assn. v. Johnson.

Sua sponte, Robert Lawrence Johnson, Attorney 
Registration No. 0042439, last known business 
address in McDonald, Ohio, is found in contempt 
for failure to comply with this court’s order of July 
20, 2017.

2014-1403. Trumbull Cty. Bar Assn. v. Johnson.

Sua sponte, Robert Lawrence Johnson, Attorney 
Registration No. 0042439, last known business 
address in McDonald, Ohio, is found in contempt 
for failure to comply with this court’s order of July 
20, 2017.

MISCELLANEOUS DISMISSALS

2017-1316. State ex rel. Grayem v. Bd. of Building 
Appeals.

In Prohibition. On relator’s application for 
dismissal. Application granted. Cause dismissed.





CASE ANNOUNCEMENTS

September 27, 2017

[Cite as 09/27/2017 Case Announcements, 2017-
Ohio-7843.]

MERIT DECISIONS WITH OPINIONS

2016-0315. State v. Lee , Slip Opinion No. 2017-
Ohio-7826.

Franklin App. No. 14AP-1009, 2016-Ohio-122. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents.

2016-1270. State v. Belton , Slip Opinion No. 
2017-Ohio-7827.

Hamilton App. No. C-150358. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
and DeWine, JJ., concur.

O’Neill, J., dissents.

Fischer, J., not participating.

2016-1395. State v. Dye , Slip Opinion No. 2017-
Ohio-7823.

Fairfield App. No. 15-CA-65, 2016-Ohio-5065. 
Judgment reversed.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., concurs in judgment only.

2016-1730. State ex rel. Ramirez-Ortiz v. Twelfth 
Dist. Court of Appeals , Slip Opinion No. 2017-
Ohio-7816.

In Prohibition. Motion to dismiss denied, motion 
for leave granted, and writ granted.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents.

2016-1841. State ex rel. Stith v. Dept. of Rehab. & 
Corr. , Slip Opinion No. 2017-Ohio-7824.

Franklin App. No. 15AP-1079, 2016-Ohio-7867. 
Motion denied and judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2017-0895. In re Complaint for a Writ of Habeas 
Corpus for Collins v. Jenkins.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0947. State ex rel. Curley v. Ninth Dist. 
Court of Appeals.

Miscellaneous case. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0951. Lopez v. Jones.

In Procedendo. On motion for judgment on the 
pleadings. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents and would grant a peremptory 
writ.

2017-0955. State ex rel. Davidek v. Franklin Cty. 
Court of Common Pleas.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. On motion to add 
addendum. Motion denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0970. State ex rel. Johnson v. Kral.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0971. State ex rel. Young v. Turner.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2012-0902. State v. Belton.

Lucas App. No. CR0200802934000. On 
appellant’s application for reopening pursuant to 
S.Ct.Prac.R. 11.06. Application denied.

2012-1212. State v. Montgomery.

Franklin App. No. 10-CR-7125. On appellant’s 
application for reopening pursuant to S.Ct.Prac.R. 
11.06. Application denied.

O’Neill, J., dissents.

2017-0882. State v. Kahn.

Cuyahoga App. No. 104360, 2017-Ohio-4067. On 
review of an order certifying a conflict. It is 
determined that no conflict exists. Cause 
dismissed.

O’Neill, J., not participating.

2017-1028. State v. Lewis.

Summit App. No. 28064, 2017-Ohio-2747. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

O’Connor, C.J., not participating.

2017-1033. State v. Jackson.

Summit App. No. 28192, 2017-Ohio-635. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

2017-1040. State v. Taylor.

Hamilton App. No. C-160468. On motion for leave 
to file delayed appeal. Motion denied.

DeWine, J., dissents.

Fischer, J., not participating.

2017-1050. State v. Greenlee.

Montgomery App. No. 27039, 2017-Ohio-849. On 
request for emergency stay. Request denied.

2017-1070. State v. White.

Summit App. No. 27683, 2016-Ohio-4829. On 
motion for leave to file delayed appeal. Motion 
denied.

Fischer, J., dissents.

O’Connor, C.J., not participating.

2017-1076. State v. Jenkins.

Greene App. No. 2016-CA-10, 2017-Ohio-693. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2017-1101. State v. West.

Muskingum App. No. CT2015-0050, 2016-Ohio-
5032. On motion for leave to file delayed appeal. 
Motion denied.

2017-1110. State v. Lennon.

Cuyahoga App. No. 104344, 2017-Ohio-2753. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill and DeWine, JJ., dissent.

2017-1119. Specialty Executives, Inc. v. KDH 
Defense Sys., Inc.

Morrow App. No. 16CA0012, 2017-Ohio-4399. On 
motion to stay. Motion granted. Execution of 
judgment and disbursement of bond are stayed 
pending the court’s disposition of this appeal.

O’Connor, C.J., and French and DeWine, JJ., 
dissent.

2017-1122. State v. Gordon.

Summit App. No. 28191, 2017-Ohio-5796. On 
review of an order certifying a conflict. The court 
determines that a conflict exists. The parties are 
ordered to brief the issue stated at page 1 of the 
court of appeals’ entry filed August 8, 2017: 
“Whether the post-release control notification of 
R.C. 2929.19(B)(2)(e) must include notification of 
the penalty provisions in R.C. 2929.141(A)(1)-(2), 
specifically, whether a trial court must inform an 
offender at the time of sentencing that the 
commission of a felony during a period of post-
release control permits a trial court to impose a 
new prison term for the violation to be served 
consecutively with any prison term for the new 
felony.”

The conflict case is State v. Johnson, 5th Dist. 
Muskingum No. CT2016-0035, 2016-Ohio-7931.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
court of appeals for Summit County.

2017-1125. State v. Mack.

Medina App. No. 14CA0112-M, 2016-Ohio-982. 
On motion for leave to file delayed appeal. Motion 
denied.

2017-1212. State v. Rigel.

Clark App. No. 2016-CA-50, 2017-Ohio-6906. On 
motion for stay. Motion denied.

O’Neill, J., dissents.

APPEALS ACCEPTED FOR REVIEW

2017-0098. Natl. Collegiate Athletic Assn. v. 
Schmitz.

Cuyahoga App. No. 103525, 2016-Ohio-8041.

O’Connor, C.J., and Kennedy and DeWine, JJ., 
dissent.

2017-0102. Bur. of Workers’ Comp. v. Verlinger.

Summit App. No. 27763, 2016-Ohio-8029.

O’Neill, J., dissents.

2017-0179. Cirino v. Bur. of Worker’s Comp.

Cuyahoga App. No. 104102, 2016-Ohio-8323. 
Cause accepted on proposition of law No. I.

O’Donnell and Kennedy, JJ., would accept the 
cause on all propositions of law.

O’Connor, C.J., and French and O’Neill, JJ., 
dissent.

2017-0186. State v. Dunson.

Montgomery App. No. 26990, 2016-Ohio-8365.

O’Connor, C.J., and O’Donnell and O’Neill, JJ., 
dissent.

2017-0191. In re B.O.

Huron App. No. H-16-022, 2017-Ohio-43. Cause 
accepted and held for decision in 2016-0907, In re 
D.S., and briefing schedule stayed.

Kennedy, Fischer, and DeWine, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1657. State v. Allen.

Cuyahoga App. No. 103492, 2016-Ohio-7045.

Fischer, J., dissents and would accept the cause 
on proposition of law No. III.

2017-0094. Van Wert v. Akron Metro. Regional 
Transit Auth.

Stark App. No. 2016CA00052, 2016-Ohio-8072.

O’Neill, J., dissents.

2017-0100. State v. Dye.

Cuyahoga App. No. 103907, 2016-Ohio-8044.

2017-0105. Groves v. Ihsanullah.

Cuyahoga App. No. 103404, 2016-Ohio-7703. 
Discretionary appeal of Marymount Hospital and 
discretionary appeal of Sahibzadah A. Ihsanullah 
not accepted.

O’Donnell, J., dissents and would accept the 
discretionary appeal of Marymount Hospital.

2017-0106. Georgetown of the Highlands v. 
Cleveland Div. of Water.

Cuyahoga App. No. 102685, 2016-Ohio-8039.

2017-0110. State v. James.

Cuyahoga App. Nos. 104169 and 104006, 2016-
Ohio-7889.

2017-0119. Reel v. Reel.

Trumbull App. No. 2016-T-0038, 2016-Ohio-8116.

2017-0135. State v. Liles.

Allen App. No. 1-16-33, 2017-Ohio-240.

Fischer, J., dissents and would accept the cause 
on proposition of law No. I.

O’Neill, J., dissents.

2017-0142. State v. Bender.

Ashland App. No. 16-COA-004, 2016-Ohio-8178.

2017-0147. Hendrickson v. Grider.

Ross App. No. 16CA3537, 2016-Ohio-8474.

2017-0148. R&R Family Invests., L.L.C. v. Plastic 
Moldings Corp.

Hamilton App. No. C-160382, 2016-Ohio-8125.

Fischer and DeWine, JJ., not participating.

2017-0153. Literal v. Dept. of Rehab. & Corr.

Franklin App. No. 16AP-242, 2016-Ohio-8536.

2017-0155. State v. Arcuri.

Trumbull App. No. 2015-T-0123, 2016-Ohio-8254.

2017-0156. In re D.C.

Harrison App. No. 15 HA 0006, 2016-Ohio-8550.

2017-0166. State v. Price.

Mahoning App. No. 2015 MA 206, 2016-Ohio-
8417.

O’Neill, J., dissents and would accept the appeal 
on proposition of law No. II.

2017-0171. Arpin v. Consol. Rail Co.

Cuyahoga App. No. 104279, 2016-Ohio-8313.

O’Donnell, Fischer, and DeWine, JJ., dissent.

2017-0174. Maxwell v. Columbus Maennerchor.

Franklin App. No. 16AP 41, 2016-Ohio-7133.

2017-0175. State v. Bohanan.

Franklin App. No. 15AP-1026, 2016-Ohio-8340.

2017-0176. Rudd v. Ohio State Hwy. Patrol.

Franklin App. No. 15AP-869, 2016-Ohio-8263.

2017-0178. Deems v. Minute Men Inc.

Hamilton App. No. C-160296, 2016-Ohio-8259.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.

2017-0180. State v. Johnson.

Summit App. No. 27813, 2016-Ohio-8286.

2017-0184. Wright State Physicians, Inc. v. 
Doctors Co.

Montgomery App. No. 27084, 2016-Ohio-8367.

2017-0192. US Bank Natl. Assn. v. Clarke.

Franklin App. No. 15AP-880, 2016-Ohio-8435.

2017-0201. Hornyak v. Res. Alloys, L.L.C.

Cuyahoga App. No. 104302, 2016-Ohio-8489.

Kennedy and DeWine, JJ., dissent.

2017-0202. In re D.W.

Franklin App. No. 16AP-179, 2016-Ohio-8535.

2017-0206. State v. Emerson.

Darke App. Nos. 2015-CA-24 and 2016-CA-1, 
2016-Ohio-8509.

2017-0207. Sed v. Mundy.

Portage App. No. 2016-P-0019, 2016-Ohio-8431.

O’Neill, J., not participating.

2017-0208. State v. Kuck.

Darke App. No. 2015-CA-13, 2016-Ohio-8512.

Fischer, J., dissents and would accept the cause 
on proposition of law No. I.

O’Neill, J., dissents.

2017-0212. Russell v. Austintown Twp. Zoning 
Inspector.

Mahoning App. No. 14 MA 0182, 2016-Ohio-8547.

O’Donnell and Fischer, JJ., dissent.

2017-0213. Fannie Mae v. Hicks.

Cuyahoga App. No. 103804, 2016-Ohio-8484.

2017-0261. Rolsen v. Walgreen Co.

Cuyahoga App. No. 104431, 2016-Ohio-8304.

2017-0269. Khatib v. Peters.

Cuyahoga App. No. 104318, 2017-Ohio-95.

2017-0309. State v. Knight.

Butler App. No. CA2016-02-028, 2016-Ohio-7991.

2017-0646. State v. Norfleet.

Coshocton App. No. 2016CA0011, 2017-Ohio-
1189.

2017-0660. State v. Carter.

Hamilton App. No. C-150625, 2017-Ohio-1328.

Fischer, J., not participating.

2017-0669. State v. Fikes.

Hamilton App. No. C-160557.

Fischer, J., not participating.

2017-0682. State v. Gibson.

Noble App. No. 16 NO 0431, 2017-Ohio-1266.

2017-0689. State v. Bevins.

Hamilton App. No. C-040052.

2017-0694. State v. Tabler.

Muskingum App. No. CT2017-0012, 2017-Ohio-
2617.

2017-0705. State v. Lusane.

Portage App. No. 2016-P-0036, 2017-Ohio-1513.

2017-0706. State v. Buchanan.

Cuyahoga App. No. 104500, 2017-Ohio-1361.

O’Neill, J., dissents.

2017-0713. Woods Cove III, L.L.C. v. Aloha Spy.

Cuyahoga App. No. 105599. Appellant’s motion 
for leave to proceed denied as moot.

2017-0722. State v. Tribune.

Warren App. No. CA2016-04-027, 2017-Ohio-
1407.

2017-0725. State v. Jewett.

Scioto App. No. 15CA3714, 2017-Ohio-2891.

2017-0726. State v. Stephens.

Hamilton App. No. C-150622.

Fischer, J., not participating.

2017-0731. Clellan v. Lancione.

Franklin App. No. 16AP-677, 2017-Ohio-1460.

2017-0733. State v. Stepp.

Butler App. No. CA2016-12-232.

2017-0735. McLaughlin v. Dept. of Job & Family 
Servs.

Franklin App. No. 16AP-879.

2017-0744. State v. Hicks.

Columbiana App. No. 17 CO 0007.

2017-0751. Jones v. Mohler.

Montgomery App. No. 27105, 2017-Ohio-2683.

2017-0754. Satterwhite v. Frisch’s Restaurant, 
Inc.

Hamilton App. No. C-160506.

Fischer, J., not participating.

2017-0756. State v. Reynolds.

Lucas App. No. L-16-1021, 2017-Ohio-1478.

2017-0761. State v. Walker.

Hamilton App. No. C-150620.

Fischer, J., not participating.

2017-0762. State v. Moss.

Ashtabula App. No. 2016-A-0047, 2017-Ohio-
1507.

2017-0767. State v. Russell.

Franklin App. No. 16AP-542, 2017-Ohio-2871. 
Appellant’s motion to take judicial notice denied 
as moot.

2017-0769. State v. Gamble.

Franklin App. No. 16AP-397, 2017-Ohio-1527.

2017-0773. State v. Patterson.

Cuyahoga App. No. 105109, 2017-Ohio-2664.

2017-0777. Breen v. Total Quality Logistics.

Franklin App. No. 16AP-3, 2017-Ohio-439.

2017-0785. State v. Palmer.

Summit App. No. 28303, 2017-Ohio-2639.

2017-0809. State v. Robinson.

Franklin App. No. 16AP-887, 2017-Ohio-2773.

2017-0820. State v. Alston.

Lorain App. No. 16CA010945, 2017-Ohio-2701.

2017-0834. State v. Nicholson.

Stark App. No. 2016 CA 00210, 2017-Ohio-2825.

2017-0836. State v. Bryant.

Butler App. No. CA2016-10-200.

2017-0844. State v. Morris.

Summit App. No. 28124, 2017-Ohio-280.

2017-0846. State v. Gerald.

Summit App. No. 28603.

2017-0864. State v. Stairhime.

Defiance App. No. 4-13-06.

2017-0964. State v. Kahn.

Cuyahoga App. No. 104360, 2017-Ohio-4067.

Kennedy and French, JJ., dissent.

O’Neill, J., not participating.

2017-1120. In re Adoption of A.W.P.

Lorain App. No. 16CA011037, 2017-Ohio-5479.

O’Neill, J., dissents.

2017-1179. In re Adoption of M.S.A.

Mercer App. No. 10-17-01, 2017-Ohio-5771.

Kennedy, J., not participating.

RECONSIDERATION OF PRIOR DECISIONS

2014-0328. In re Application of Duke Energy 
Ohio, Inc.

Public Utilities Commission, Nos. 12-1685-GA-
AIR, 12-1686-GA-ATA, 12-1687-GA-ALT, and 12-
1688-GA-AAM. Reported at __ Ohio St.3d __, 
2017-Ohio-5536, __ N.E.3d __. On motion for 
reconsideration. Motion denied.

O’Donnell and Kennedy, JJ., dissent.

2016-1802. BankUnited v. Klug.

Lorain App. No. 16CA010923, 2016-Ohio-5769. 
Reported at 150 Ohio St.3d 1408, 2017-Ohio-
6964, 78 N.E.3d 908. On motion for 
reconsideration. Motion denied.

2016-1883. Chase Home Fin., L.L.C. v. Gau.

Ashtabula App. No. 2015-A-0048, 2016-Ohio-
7646. Reported at 150 Ohio St.3d 1409, 2017-
Ohio-6964, 78 N.E.3d 909. On motion for 
reconsideration. Motion denied.

2017-0479. JPMorgan Chase Bank, N.A. v. 
Liggins.

Franklin App. No. 15AP-242, 2016-Ohio-3528. 
Reported at 150 Ohio St.3d 1410, 2017-Ohio-
6964, 78 N.E.3d 910. On motion for 
reconsideration. Motion denied. French, J., not 
participating.

2017-0626. State ex rel. Hillman v. Franklin Cty. 
Appellate Court Judges.

In Prohibition. Reported at 150 Ohio St.3d 1404, 
2017-Ohio-6964, 78 N.E.3d 906. On motion for 
reconsideration. Motion denied. On motions to 
supplement, for judicial notice, to reinstate, and to 
supplement pursuant to Civ.R. 15(E). Motions 
denied as moot.



########################################
######



CASE ANNOUNCEMENTS

September 27, 2017

[Cite as 09/27/2017 Case Announcements #2, 
2017-Ohio-7867.]

MOTION AND PROCEDURAL RULINGS

2017-1341. First Natl. Community Bank v. 
Garretson Firm Resolution Group. Hamilton App. 
No. C-160745, 2017-Ohio-7582. On appellant’s 
emergency motion for stay. Motion denied.

O’Connor, C.J., and French, O’Neill, and DeWine, 
JJ., concur.

O’Donnell, J., dissents and would grant the 
motion for stay upon a $5,233,841.79 bond 
posted in this court.

Kennedy and Fischer, JJ., not participating.

APPEALS NOT ACCEPTED FOR REVIEW

2017-0827. Elliot-Thomas v. Smith. Trumbull App. 
No. 2015-T-0007, 2017-Ohio-702. Appellee’s 
motion to dismiss denied.

O’Donnell, Fischer, and DeWine, JJ., dissent and 
would accept the cause and consolidate it with 
2017-0693, Elliot-Thomas v. Smith.





Supreme Court Case Announcement for 
September 26, 2017


CASE ANNOUNCEMENTS

September 26, 2017

[Cite as 09/26/2017 Case Announcements, 2017-
Ohio-7818.]

MERIT DECISIONS WITH OPINIONS

2015-0341. Breeze, Inc. v. Testa , Slip Opinion 
No. 2017-Ohio-7801.

Board of Tax Appeals, No. 2012-2216. Decision 
vacated and cause remanded.

O’Donnell, Kennedy, Fischer, and DeWine, JJ., 
concur.

French, J., concurs in judgment only.

O’Connor, C.J., dissents, with an opinion joined 
by O’Neill, J.

2015-0342. 2350 Morse, L.L.C. v. Testa , Slip 
Opinion No. 2017-Ohio-7800.

Board of Tax Appeals, Nos. 2012-1934 and 2012-
2214. Decision reversed.

O’Donnell, Kennedy, Fischer, and DeWine, JJ., 
concur.

O’Connor, C.J., concurs in judgment only, with an 
opinion.

French, J., concurs in judgment only.

O’Neill, J., dissents, with an opinion.

2016-0778. MacDonald v. Cleveland Income Tax 
Bd. of Rev. , Slip Opinion No. 2017-Ohio-7798.

Board of Tax Appeals, No. 2009-1130. Decision 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1514. State ex rel. Hughes v. Cuyahoga Cty. 
, Slip Opinion No. 2017-Ohio-7780.

Cuyahoga App. No. 104478, 2016-Ohio-5936. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MISCELLANEOUS DISMISSALS

2017-0996. In re Branch v. Pitts.

Cuyahoga App. No. 105400. Appellants have not 
filed a merit brief, due September 20, 2017, in 
compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore have failed 
to prosecute this cause with the requisite 
diligence. Cause dismissed.





Supreme Court Second Case Announcement for 
September 25, 2017


CASE ANNOUNCEMENTS

September 25, 2017

[Cite as 09/25/2017 Case Announcements #2, 
2017-Ohio-7817.]

MOTION AND PROCEDURAL RULINGS

2017-1341. First Natl. Community Bank v. 
Garretson Firm Resolution Group.

Hamilton App. No. C-160745, 2017-Ohio-7582. 
Appellees shall file a response, if any, to 
appellant’s emergency motion for stay pending 
appeal and motion for expedited review no later 
than 4:00 p.m. on Tuesday, September 26, 2017.





Supreme Court Case Announcement for 
September 25, 2017


CASE ANNOUNCEMENTS

September 25, 2017

[Cite as 09/25/2017 Case Announcements, 2017-
Ohio-7779.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF SEPTEMBER 25, 
2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the September 25, 2017 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2009-1541. Mahoning Cty. Bar Assn. v. Theisler , 
150 Ohio St.3d 1264, 2017-Ohio-4204.

2015-0384 and 2015-0385. State v. Gonzales , 
150 Ohio St.3d 261, 2016-Ohio-8319.

2015-0384 and 2015-0385. State v. Gonzales , 
150 Ohio St.3d 276, 2017-Ohio-777.

2015-1756. McGowan v. Medpace, Inc. , 150 Ohio 
St.3d 296, 2017-Ohio-1340.

2015-1993. Clendenin v. Girl Scouts of W. Ohio , 
150 Ohio St.3d 300, 2017-Ohio-2830.

2015-2032. Foley v. Univ. of Dayton , 150 Ohio 
St.3d 252, 2016-Ohio-7591.

2015-2053. Disciplinary Counsel v. Alo , 150 Ohio 
St.3d 306, 2017-Ohio-4270.

2016-0723. State ex rel. Allen Cty. Children Servs. 
Bd. v. Mercer Cty. Court of Common Pleas, 
Probate Div. , 150 Ohio St.3d 230, 2016-Ohio-
7382.

2016-0921. State ex rel. Burroughs v. Ohio Hwy. 
Patrol Retirement Sys. Bd. , 150 Ohio St.3d 326, 
2017-Ohio-6923.

2016-1056. State ex rel. Sands v. Bunting , 150 
Ohio St.3d 325, 2017-Ohio-5697.

2016-1240. In re Application of Callam , 150 Ohio 
St.3d 311, 2017-Ohio-4361.

2016-1495. Cleveland Metro. Bar Assn. v. Heben , 
150 Ohio St.3d 335, 2017-Ohio-6965.

2016-1820. Columbus Bar Assn. v. Lindner , 150 
Ohio St.3d 317, 2017-Ohio-4362.

2017-0221. Columbus Bar Assn. v. Kluesener , 
150 Ohio St.3d 322, 2017-Ohio-4417.

2017-0359. Disciplinary Counsel v. Lech , 150 
Ohio St.3d 1263, 2017-Ohio-4131.

2017-0667. Cleveland Metro. Bar Assn. v. 
Butscher , 150 Ohio St.3d 1265, 2017-Ohio-4314.

2017-0803. Mahoning Cty. Bar Assn. v. DiMartino 
, 150 Ohio St.3d 1268, 2017-Ohio-5785.





Supreme Court Case Announcement for 
September 22, 2017

CASE ANNOUNCEMENTS

September 22, 2017

[Cite as 09/22/2017 Case Announcements, 2017-
Ohio-7742.]

MOTION AND PROCEDURAL RULINGS

1988-1074. State v. Hutton.

Cuyahoga App. No. 51704. On appellant/cross-
appellee’s motion to set an execution date. Motion 
granted. Percy Hutton’s sentence shall be carried 
into execution by the warden of the Southern Ohio 
Correctional Facility, or in his absence, by the 
deputy warden, on Wednesday, June 22, 2022, in 
accordance with the statutes so provided.

O’Neill, J., dissents for the reasons set forth in his 
dissenting opinion in State v. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.

1994-0010. State v. Carter.

Hamilton App. No. C920604. On appellee’s 
motion to set an execution date. Motion granted. 
Cedric Carter’s sentence shall be carried into 
execution by the warden of the Southern Ohio 
Correctional Facility, or in his absence, by the 
deputy warden, on Wednesday, August 24, 2022, 
in accordance with the statutes so provided.

O’Neill, J., dissents for the reasons set forth in his 
dissenting opinion in State v. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.

2000-1540. State v. Hutton.

Cuyahoga App. No. 51704. On appellee’s motion 
to set an execution date. Motion granted. Percy 
Hutton’s sentence shall be carried into execution 
by the warden of the Southern Ohio Correctional 
Facility, or in his absence, by the deputy warden, 
on Wednesday, June 22, 2022, in accordance 
with the statutes so provided.

O’Neill, J., dissents for the reasons set forth in his 
dissenting opinion in State v. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.

DISCIPLINARY CASES

2017-0803. Mahoning Cty. Bar. Assn. v. 
DiMartino.

Sua sponte, Dennis Armand DiMartino, Attorney 
Registration No. 0039270, last known business 
address in Youngstown, Ohio, is found in 
contempt for failure to file an affidavit of 
compliance on or before August 11, 2017.

2017-0881. In re Scudder.

Sua sponte, Steven C. Scudder, Attorney 
Registration No. 0044134, last known business 
address in Centerville, Ohio, is found in contempt 
for failure to file an affidavit of compliance on or 
before August 7, 2017.

2017-1081. Disciplinary Counsel v. Sarver.

On August 7, 2017, the Board of Professional 
Conduct filed a final report in the office of the clerk 
of this court pursuant to Gov.Bar R. V(16), in 
which the board accepted the agreement entered 
into by relator, disciplinary counsel, and 
respondent, Jason Allan Sarver. The agreement 
set forth the misconduct and the agreed, 
recommended sanction of a two-year suspension 
from the practice of law, with the entire 
suspension stayed on the condition that 
respondent engage in no further misconduct. The 
board recommended that the agreement be 
accepted. The court, sua sponte, issued an order 
waiving the issuance of a show cause order, and 
this matter was submitted to the court on the 
report and record filed by the board.

Sua sponte, the recommended sanction is 
rejected. Pursuant to Gov.Bar R. V(17)(D), this 
cause is remanded to the Board of Professional 
Conduct for further proceedings, including 
consideration of a more severe sanction. 
Proceedings before this court in this case are 
stayed until further order of this court. Costs to 
abide final determination of the case.

O’Neill, J., dissents and would adopt the 
agreement and suspend the respondent for two 
years with the entire suspension stayed.

MISCELLANEOUS DISMISSALS

2017-0737. Vertex Refining OH, L.L.C. v. Franklin 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-545 and 2016-
546. On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2017-0933. State ex rel. Ruth v. Jamison.

In Procedendo. On relator’s application for 
dismissal. Application granted. Cause dismissed.





Supreme Court Case Announcement for 
September 21, 2017


CASE ANNOUNCEMENTS

September 21, 2017

[Cite as 09/21/2017 Case Announcements, 2017-
Ohio-7697.]

MERIT DECISIONS WITH OPINIONS

2016-0495. Buckeye Terminals, L.L.C. v. Franklin 
Cty. Bd. of Revision , Slip Opinion No. 2017-Ohio-
7664.

Board of Tax Appeals, No. 2014-4958. Decision 
reversed and cause remanded.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents.

2017-0321. State ex rel. Rocky Ridge Dev., L.L.C. 
v. Winters , Slip Opinion No. 2017-Ohio-7678.

In Prohibition. Writ granted in part and denied in 
part.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0236. Pi in the Sky, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-2005. On 
appellant’s motion to supplement the record. 
Motion denied as moot.

RECONSIDERATION OF PRIOR DECISIONS

2017-1181. State ex rel. Repeal the Lorain Cty. 
Permissive Sales Tax Commt. v. Lorain Cty. Bd. of 
Elections.

In Mandamus. Reported at __ Ohio St.3d __, 
2017-Ohio-7648, __ N.E.3d __. On motion for 
reconsideration. Motion denied.





Supreme Court Second Case Announcement for 
September 20, 2017

CASE ANNOUNCEMENTS

September 20, 2017

[Cite as 09/20/2017 Case Announcements #2, 
2017-Ohio-7711.]

MOTION AND PROCEDURAL RULINGS

2017-1316. State ex rel. Grayem v. Bd. of Building 
Appeals.

In Prohibition. Respondent shall file a responsive 
pleading pursuant to S.Ct.Prac.R. 12.04 no later 
than 5:00 p.m. on Monday, September 25, 2017. 
If respondent files a responsive motion, relator’s 
response to the motion shall be filed no later than 
5:00 p.m. on Thursday, September 28, 2017.

No requests or stipulations for extension of time to 
file a responsive pleading shall be permitted and 
the clerk of court shall refuse to file any requests 
or stipulations for extension of time to file a 
responsive pleading.

DISCIPLINARY CASES

2017-1315. Disciplinary Counsel v. Deters.

On motion for immediate interim remedial 
suspension. On September 20, 2017, relator filed 
a motion for an immediate interim remedial 
suspension pursuant to Gov.Bar R. V(19). 
Respondent shall file a response, if any, to 
relator’s motion by 12:00 p.m. on September 22, 
2017.





Supreme Court Case Announcement for 
September 20, 2017


CASE ANNOUNCEMENTS

September 20, 2017

[Cite as 09/20/2017 Case Announcements, 2017-
Ohio-7684.]

MERIT DECISIONS WITH OPINIONS

2015-0378. Cincinnati School Dist. Bd. of Edn. v. 
Hamilton Cty. Bd. of Revision , Slip Opinion No. 
2017-Ohio-7650.

Board of Tax Appeals, Nos. 2012-1564 and 2012-
1685. Decision affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-0686. State ex rel. Prade v. Ninth Dist. Court 
of Appeals , Slip Opinion No. 2017-Ohio-7651.

In Prohibition. Writ denied.

O’Donnell, Kennedy, French, Fischer, and 
DeWine, JJ., concur.

O’Neill, J., dissents, with an opinion.

O’Connor, C.J., not participating.

MOTION AND PROCEDURAL RULINGS

2016-1882. State v. Graham.

Portage C.P. 2016 CR 107 E. On appellant’s third 
motion for extension of time to transmit record. 
Motion granted. The record shall be filed no later 
than October 9, 2017. No further extensions shall 
be permitted.

2017-0736. Value Place Columbus OH N.W., 
L.L.C. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-292. On joint 
motion to remand appeal to the Franklin County 
Board of Revision. Motion granted.

DISCIPLINARY CASES

2017-0052. Disciplinary Counsel v. Niehaus.

On certification of default. Daniel Alan Niehaus, 
Attorney Registration No. 0078682, last known 
business address in Independence, Kentucky, is 
indefinitely suspended from the practice of law.

2017-1213. Disciplinary Counsel v. Tinch.

On motion for immediate interim remedial 
suspension. William Mathew Tinch, Attorney 
Registration No. 0088418, last known business 
address in Middletown, Ohio, is suspended from 
the practice of law for an interim period.

MISCELLANEOUS DISMISSALS

2016-1334. State ex rel. Gwiazda v. Indus. 
Comm.

Franklin App. No. 15AP-882, 2016-Ohio-5153. On 
joint application for dismissal. Application granted. 
Cause dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-1238. State ex rel. Roberts v. Donegan.

In Mandamus.

2017-1255. State ex rel. Mathews v. Montgomery.

In Mandamus.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days, and the parties shall otherwise proceed 
in accordance with S.Ct.Prac.R. 16.02 through 
16.07. As provided in S.Ct.Prac.R. 16.07, the 
court may dismiss these cases or take other 
action if the parties fail to timely file merit briefs.

2017-0636. State ex rel. Penske Truck Leasing 
Co., L.L.P. v. Indus. Comm. Franklin App. No. 
15AP-223, 2017-Ohio-1119.

2017-0792. GC Net Lease @ (3) (Westerville) 
Investors, L.L.C. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-540.





Supreme Court Case Announcement for 
September 18, 2017


CASE ANNOUNCEMENTS

September 18, 2017

[Cite as 09/18/2017 Case Announcements, 2017-
Ohio-7645.]

MOTION AND PROCEDURAL RULINGS

2017-0891. State v. Kouts.

Sandusky App. No. S-16-012, 2017-Ohio-2905. 
On appellee’s motion for appointment of counsel. 
Motion granted. The Ohio Public Defender’s 
Office is appointed to represent appellee.





Supreme Court Second Case Announcement for 
September 15, 2017

CASE ANNOUNCEMENTS

September 15, 2017

[Cite as 09/15/2017 Case Announcements #2, 
2017-Ohio-7649.]

MERIT DECISIONS WITH OPINIONS

2017-1181. State ex rel. Repeal the Lorain Cty. 
Permissive Sales Tax Commt. v. Lorain Cty. Bd. of 
Elections , Slip Opinion No. 2017-Ohio-7648.

In Mandamus. Writ denied.

O’Donnell, Kennedy, French, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., concurs in judgment only, with an 
opinion.

O’Neill, J., concurs in judgment only.





Supreme Court Case Announcement for 
September 15, 2017


CASE ANNOUNCEMENTS

September 15, 2017

[Cite as 09/15/2017 Case Announcements, 2017-
Ohio-7621.]

MOTION AND PROCEDURAL RULINGS

2017-0436. In re Complaint of Harris Design 
Servs. v. Columbia Gas of Ohio, Inc.

Public Utilities Commission, No. 15-405-GA-CSS. 
Sua sponte, briefing schedule reinstated. 
Appellee shall file a merit brief within 30 days, and 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07.

2017-0723. Rock v. Bracy.

In Habeas Corpus. On petitioner’s motion to 
consolidate. Motion denied as moot.

2017-1156. State v. Stewart.

Delaware App. No. 17 CAA 01 0004, 2017-Ohio-
2842. On appellee’s motion to strike. Motion 
denied.

DISCIPLINARY CASES

2017-1090. Disciplinary Counsel v. Moore.

On certified order. Michael Garth Moore, Attorney 
Registration No. 0025047, last known business 
address in Columbus, Ohio, publicly reprimanded.





Supreme Court Case Announcement for 
September 14, 2017

\
CASE ANNOUNCEMENTS

September 14, 2017

[Cite as 09/14/2017 Case Announcements, 2017-
Ohio-7602.]

MERIT DECISIONS WITH OPINIONS

2015-0036. State ex rel. Camaco, L.L.C. v. Albu , 
Slip Opinion No. 2017-Ohio-7569.

Franklin App. No. 13AP-1002, 2014-Ohio-5330. 
Judgment reversed and limited writ granted.

O’Connor, C.J., and French, Fischer, and 
DeWine, JJ., concur.

Kennedy, J., concurs in part and dissents in part, 
with an opinion joined by O’Donnell, J.

O’Neill, J., dissents, with an opinion.

2015-1074. State ex rel. Ohio Presbyterian 
Retirement Servs., Inc. v. Indus. Comm. , Slip 
Opinion No. 2017-Ohio-7577.

Franklin App. No. 14AP-624, 2015-Ohio-2122. On 
motion for reconsideration. Judgment reversed 
and writ granted.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents.

2015-2105. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision , Slip Opinion No. 
2017-Ohio-7578.

Board of Tax Appeals, No. 2014-3918. Decision 
reversed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and Fischer, JJ., concur.

DeWine, J., concurs, with an opinion.

2016-0102. NWD 300 Spring, L.L.C. v. Franklin 
Cty. Bd. of Revision , Slip Opinion No. 2017-Ohio-
7579.

Board of Tax Appeals, Nos. 2015-106, 2015-123 
through 2015-145, 2015-147 through 2015-164, 
2015-169 through 2015-182, 2015-184 through 
2015-190, and 2015-192 through 2015-194. 
Decision affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0907. State v. Garn.

Richland App Nos. 16CA26 and 16CA32, 2017-
Ohio-2969. On appellee’s motion to strike. Motion 
denied. Appellee may filed a memorandum in 
response to jurisdiction within 30 days.

2017-1207. Howell v. Consol. Rail Corp.

Cuyahoga App. No. 104554, 2017-Ohio-6881. On 
motion for admission pro hac vice of Dan 
Himmelfarb. Motion granted. Pursuant to Gov.Bar 
R. XII(4), counsel shall file a notice of permission 
with the Supreme Court’s Office of Attorney 
Services within 30 days.

2017-1221. State ex rel. Neil v. French.

Franklin App. No. 17AP-241. On appellant’s 
memorandum in support of jurisdiction. This 
cause originated in the court of appeals and 
therefore should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

The clerk shall issue an order for the transmission 
of the record from the Court of Appeals for 
Franklin County, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07.

DISCIPLINARY CASES

2016-1149. Disciplinary Counsel v. Doumbas.

On respondent’s motion to purge contempt. 
Motion granted.

2017-1080. Mahoning Cty. Bar Assn. v. Cochran.

On joint motion to supplement record. Motion 
granted.

MISCELLANEOUS DISMISSALS

2015-1559. 422 Sycamore Entertainment, L.L.C. 
v. Testa.

Board of Tax Appeals, No. 2014-1023. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.

2017-0522. State ex rel. Shelter v. Indus. Comm.

Franklin App. No. 16AP-119, 2017-Ohio-1063. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.

2017-0738. State ex rel. Gunter v. Indus. Comm.

Franklin App. No. 15AP-562, 2017-Ohio-1571. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.

2017-1091. State ex rel. Gould v. Summit Cty. 
Court of Common Pleas.

In Prohibition. On relator’s application for 
dismissal. Application granted. Cause dismissed.





Supreme Court Second Case Announcement for 
September 13, 2017

CASE ANNOUNCEMENTS

September 13, 2017

[Cite as 09/13/2017 Case Announcements #2, 
2017-Ohio-7567.]

MERIT DECISIONS WITH OPINIONS

2014-0799. Corrigan v. Illum. Co. , Slip Opinion 
No. 2017-Ohio-7555.

Public Utilities Commission, No. 09-492-EL-CSS. 
Decision affirmed.

O’Connor, C.J., and Kennedy, French, and 
O’Neill, JJ., concur.

O’Donnell, J., concurs in judgment only.

DeWine, J., dissents, with an opinion joined by 
Fischer, J.

2014-1922. State v. Martin , Slip Opinion No. 
2017-Ohio-7556.

Trumbull C.P. No. 2012 CR 735. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., concurs in part and dissents in part for 
the reasons set forth in his dissenting opinion in 
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, N.E.2d 900.

2015-0924. State v. Morgan , Slip Opinion No. 
2017-Ohio-7565.

Franklin App. No. 13AP-620, 2014-Ohio-5661. 
Judgment affirmed.

O’Donnell, Kennedy, Fischer, and DeWine, JJ., 
concur.

O’Connor, C.J., dissents, with an opinion joined 
by French and O’Neill, JJ.

2016-0080. In re Complaints of Lycourt-Donovan 
v. Columbia Gas of Ohio, Inc. , Slip Opinion No. 
2017-Ohio-7566.

Public Utilities Commission, Nos. 12-2877-GA-
CSS, 13-124-GA-CSS, and 13-667-GA-CSS. 
Orders affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and Fischer, JJ., concur.

DeWine, J., concurs in judgment only.

MERIT DECISIONS WITHOUT OPINIONS

2016-1394. Johnson v. Shaker Hts. Mun. Court.

In Mandamus. On relator’s motion to join Ohio 
Bureau of Motor Vehicles as a party. Motion 
granted. Relator shall file an amended complaint 
in mandamus within 21 days that contains a 
specific statement of facts upon which the claim 
for relief is based as to the joined respondent. 
Joined respondent shall file an answer to the 
amended complaint or a motion to dismiss within 
21 days of the filing of the complaint.

On respondent Shaker Heights Municipal Court’s 
motion to dismiss. Motion granted. Cause 
dismissed as to Shaker Heights Municipal Court. 
O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, JJ., concur.

O’Donnell, J., dissents.

DeWine, J., dissents in part and would deny 
relator’s motion to join party.

2016-1486. Sunoco Pipeline, L.P. v. Teter.

Harrison App. Nos. 16 HA 0002 and 16 HA 0005, 
2016-Ohio-7073. On appellee’s motion to dismiss. 
Motion granted. Cause dismissed. On appellee’s 
motion to strike. Motion denied as moot.

French and O’Neill, JJ., dissent and would deny 
appellee’s motion to dismiss and grant appellee’s 
motion to strike.

2017-0389. State ex rel. Armatas v. Haas.

In Prohibition. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed. On motions for 
leave to intervene as respondents. Motions 
denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0399. May v. Dir., Dept. of Job & Family 
Servs.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0494. State ex rel. Walker v. Yount.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed. On relator’s 
motion to expedite proceedings. Motion denied as 
moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0633. State ex rel. Staats v. Canton.

In Mandamus. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed. On 
relator’s motion to disregard and strike 
respondent’s response. Motion denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0661. State v. Robinson.

In Habeas Corpus. Sua sponte, cause dismissed. 
On petitioner’s motion for release upon bail during 
pending proceedings. Motion denied as moot.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., not participating.

2017-0673. State ex rel. Knuckles v. Judges of 
the 4th Dist. & 9th Dist. Court of Appeals.

In Mandamus and Procedendo. On respondents’ 
motion to dismiss. Motion granted. Cause 
dismissed. On motion to dismiss respondent’s 
motion to dismiss. Motion denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0692. May v. Dir., Dept. of Job & Family 
Servs.

In Mandamus. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed. On 
relators’ motion to amend complaint and join 
respondent. Motion denied.

O’Connor, C.J., and O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Donnell, J., dissents and would deny the 
motions to dismiss, grant the motion to amend 
complaint and join respondent, and grant an 
alternative writ.

Kennedy and French, JJ., dissent in part and 
would grant relators’ motion to amend complaint 
and join respondent and would order joined 
respondent to file an answer to the amended 
complaint or a motion to dismiss within 21 days of 
the filing of the complaint.

2017-0723. Rock v. Bracy.

In Habeas Corpus. Sua sponte, cause dismissed. 
On application for default judgment. Application 
denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0745. Frett v. Marques.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0746. Clark v. Ohio Adult Parole Auth.

Miscellaneous case. On respondents’ motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0772. State ex rel. Stairhime v. Schmenk.

In Procedendo. On respondent’s motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0776. State ex rel. Johnson v. Gormley.

In Prohibition. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed. On 
relator’s motion to file correction, motion to invoke 
discovery, motion for leave of court to be relieved 
of electronic-filing requirement, motion for default 
judgment, motion for sanctions, and motion for 
judicial notice. Motions denied as moot. On 
respondents’ motion to stay discovery. Motion 
denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
Fischer, and DeWine, JJ., concur.

French, J., dissents in part and would deny the 
motion to dismiss of respondent Judge David M. 
Gormley.

2017-0797. State ex rel. Totten v. Life-Smith.

In Mandamus. On respondent’s motion for 
judgment on pleadings. Motion granted. Cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0818. Artripe v. Wetzel.

In Procedendo. On respondent’s motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0843. State ex rel. Miller v. Rapp.

In Mandamus and Prohibition. On respondents’ 
motions to dismiss. Motions granted. On relator’s 
response to strike or deny motion or set oral 
argument and relator’s emergency motion to 
access property. Motions denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0845. Davis v. Scott.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0848. Gerald v. State.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0851. In re Ala El.

In Quo Warranto. On S.Ct.Prac.R. 12.04 
determination. Cause dimissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0880. State ex rel. Electronic Classroom of 
Tomorrow v. State Bd. of Edn.

In Mandamus and Prohibition. On respondents’ 
motion to dismiss amended complaint. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Kennedy, Gwin, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents, and would grant an 
alternative writ.

W. Scott Gwin, J., of the Fifth District Court of 
Appeals, sitting for French, J.

MOTION AND PROCEDURAL RULINGS

2011-0857. State v. Obermiller.

Cuyahoga C.P. No. CR542119. On appellant’s 
application for reopening pursuant to S.Ct.Prac.R. 
11.06. Application denied.

O’Neill, J., dissents.

2015-1480. State v. Bailey.

Hamilton App. No. C-140129, 2015-Ohio-2997. 
On appellant’s motion to vacate void judgment. 
Motion denied.

Fischer, J., not participating.

2016-0696. State v. Apanovitch.

Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. On appellant’s motion for stay. Motion 
denied.

O’Donnell and Kennedy, JJ., dissent.

2016-1553. NRG Power Midwest, L.P. v. Lorain 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-874 and 2015-
890. On appellant/cross-appellee’s motions to 
strike. Motions denied.

2017-0204. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 08-1094-EL-
SSO, 08-1095-EL-ATA, 08-1096-EL-AAM, and 08-
1097-EL-UNC. On appellant Office of the Ohio 
Consumers’ Counsel’s motion for stay. Motion 
denied.

O’Neill, J., dissents.

2017-0367. State ex rel. Matthews v. Haviland.

Allen App. No. 1-16-54. On appellant’s motion for 
leave to reinstate appeal. Motion denied.

Kennedy, O’Neill, and Fischer, JJ., dissent.

2017-0436. In re Complaint of Harris Design 
Servs. v. Columbia Gas of Ohio, Inc.

Public Utilities Commission, No. 15-405-GA-CSS. 
On appellee’s motion to dismiss. Motion denied. 
On intervening appellee’s motion to dismiss. 
Motion denied.

2017-0600. Burke v. Excalibur Exploration, Inc.

Ashtabula App. No. 2016-A-0041, 2017-Ohio-999. 
On intervening appellant’s motion to vacate lower 
courts’ judgments. Motion granted. The judgments 
are vacated and the cause is remanded to the trial 
court to determine the necessary parties to this 
action. On motion to intervene as necessary 
parties and motion to dismiss by EnerVest Energy 
Institutional Fund XI-A, L.P., CGAS Properties, 
L.P., and EnerVest Energy Institutional Fund XI-
WI, L.P. Motions denied as moot.

O’Connor, C.J., and O’Donnell, J., dissent.

2017-0653. Ross v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2016-1716. On 
appellees’ motion to dismiss. Motion denied.

O’Donnell and Fischer, JJ., dissent.

2017-0802. State v. Cochran.

Franklin App. No. 16AP-491, 2017-Ohio-1528. On 
motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days of the date of 
this entry.

O’Connor, C.J., and DeWine, J., dissent.

2017-0808. State v. Cogar.

Ashland App. No. 16-COA-039, 2017-Ohio-1470. 
On motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

2017-0822. State v. Wright.

Hamilton App. No. C-150715, 2017-Ohio-1568. 
On motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days of the date of 
this entry.

O’Connor, C.J., dissents.

Fischer, J., not participating.

2017-0823. State v. Carlier.

Clermont App. No. CA2016-11-075. On motion for 
leave to file delayed appeal. Motion denied.

2017-0838. State v. Taeusch.

Lake App. No. 2016-L-047, 2017-Ohio-1105. On 
motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days of the date of 
this entry.

O’Donnell, French, and DeWine, JJ., dissent.

2017-0840. State v. Summers.

Cuyahoga App. No. 105513. On motion for leave 
to file delayed appeal. Motion denied.

2017-0847. State v. Montgomery.

Montgomery App. No. 25277, 2013-Ohio-4509. 
On motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

2017-0852. State v. Coleman.

Highland App. No. 16CA11, 2017-Ohio-1067. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill and Fischer, JJ., dissent.

2017-0855. State v. Sealey.

Lake App. No. 2016-L-034, 2017-Ohio-338. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

2017-0862. State v. Miller.

Lucas App. No. L-16-1029, 2017-Ohio-670. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy, J., dissents.

2017-0870. Bank of New York Mellon v. Rhiel.

Certified Question of State Law, Bankruptcy 
Appellate Panel of the United States Court of 
Appeals for 6th Circuit, No. 16-8042. On review of 
preliminary memoranda pursuant to S.Ct.Prac.R. 
9.05. The court will answer the following 
questions:

“1. Whether an individual who is not identified in 
the body of a mortgage, but who signs and initials 
the mortgage, is a mortgagor of his or her 
interest?”

“2. Is a mortgage signed and initialed by an 
individual whose name is not identified in the body 
of the mortgage, but whose signature is properly 
acknowledged pursuant to Ohio Revised Code 
Sec. 5301, invalid as a matter of law such that 
parol evidence is not admissible to determine the 
intent of the individual in signing the mortgage?”

Petitioner shall file its merit brief within 40 days 
and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.04 and S.Ct.Prac.R. 9.07.

O’Donnell and Kennedy, JJ., dissent.

2017-0878. State v. Kerr.

Mahoning App. No. 15 MA 0083, 2016-Ohio-8479. 
On motion for leave to file delayed appeal. Motion 
denied.

2017-0891. State v. Kouts.

Sandusky App. No. S-16-012, 2017-Ohio-2905. 
On review of an order certifying a conflict. The 
court determines that a conflict exists. The parties 
are ordered to brief the issue stated at page 4 of 
the court of appeals’ entry filed June 23, 2017: 
“During a plea proceeding, does a trial court’s 
failure to inform a defendant about the residential 
restrictions imposed on sex offenders under R.C. 
Chapter 2950 render the plea invalid?”

The conflict case is State v. Creed, 8th Dist. 
Cuyahoga No. 97317, 2012-Ohio-2627.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
court of appeals for Sandusky County.

French, J., dissents.

2017-0899. State v. Echols.

Cuyahoga App. No. 104483, 2017-Ohio-1360. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.

2017-0904. State v. Brown.

Cuyahoga App. No. 104095, 2017-Ohio-184. On 
motion for leave to file delayed appeal. Motion 
denied.

2017-0910. State v. Scheffield.

Geauga App. No. 2015-G-0053, 2017-Ohio-2593. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., not participating.

2017-0911. State v. Wauer.

Trumbull App. No. 2016-T-0043, 2017-Ohio-1337. 
On motion for leave to file delayed appeal. Motion 
denied.

2017-0912. State v. Sullivan.

Cuyahoga App. No. 105623. On motion for leave 
to file delayed appeal. Motion denied.

Kennedy and O’Neill, JJ., dissent.

2017-0920. State v. Penland.

Hamilton App. Nos. C-150413 and C-150414. On 
motion for leave to file delayed appeal. Motion 
denied.

Fischer, J., not participating.

2017-0950. State v. Gladwell.

Butler App. No. CA2016-07-139, 2017-Ohio-0331. 
On review of an order certifying a conflict. It is 
determined that no conflict exists. Cause 
dismissed.

O’Donnell, J., dissents.

2017-0952. State v. Robinson.

Summit App. No. 28278, 2016-Ohio-4168. On 
appellant’s motion for stay. Motion denied. On 
appellant’s motion for release on recognizance 
bond. Motion denied as moot.

O’Connor, C.J., not participating.

2017-0972. State v. Holloway.

Butler App. No. CA2016-08-152, 2017-Ohio-4039. 
On review of an order certifying a conflict. It is 
determined that no conflict exists. Cause 
dismissed.

O’Donnell and O’Neill, JJ., dissent.

2017-0973. State v. Sibrian.

Montgomery App. No. 27041, 2017-Ohio-2613. 
On motion for leave to file delayed appeal. Motion 
denied.

Kennedy, O’Neill, and Fischer, JJ., dissent.

2017-0982. State v. Flores-Lopez.

Montgomery App. No. 27108, 2017-Ohio-690. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissent.

2017-0989. State v. Goodwin.

Butler App. No. CA2016-05-099, 2017-Ohio-2712. 
On review of an order certifying a conflict. It is 
determined that no conflict exists. Cause 
dismissed.

O’Connor, C.J., and O’Neill and Fischer, JJ., 
dissent.

2017-1001. State v. Boyer.

Clark App. No. 2016-CA-63, 2017-Ohio-4199. On 
appellant’s motion for stay of judgment. Motion 
denied.

Kennedy, J., dissents and would grant the motion 
and continue the appellant’s bond.

O’Neill and Fischer, JJ., dissent.

2017-1008. State v. Amnathphonthip.

Franklin App. No. 16AP-337. On motion for leave 
to file delayed appeal. Motion denied.

2017-1049. State v. Nelson.

Muskingum App. No. CT2015-0057, 2016-Ohio-
2787. On motion for leave to file delayed appeal. 
Motion denied.

2017-1156. State v. Stewart.

Delaware App. No. 17 CAA 01 0004, 2017-Ohio-
2842. On appellant’s motion for stay of court of 
appeals’ decision. Motion denied.

DeWine, J., dissents.

2017-1207. Howell v. Consol. Rail Corp.

Cuyahoga App. No. 104554, 2017-Ohio-6881. On 
appellant’s motion to stay court of appeals’ 
judgment and trial date. Motion granted.

O’Connor, C.J., and French, J., dissent.

APPEALS ACCEPTED FOR REVIEW

2017-0004. Turner v. CertainTeed Corp.

Cuyahoga App. No. 103475, 2016-Ohio-7776.

O’Connor, C.J., and Fischer and DeWine, JJ., 
dissent.

2017-0087. State v. Carnes.

Hamilton App. No. C-150752, 2016-Ohio-8019.

O’Donnell, Kennedy, and Sadler, JJ., dissent.

William A. Klatt, J., of the Tenth District Court of 
Appeals, sitting for Fischer, J.

Lisa L. Sadler, J., of the Tenth District Court of 
Appeals, sitting for DeWine, J.

2017-0088. Pelletier v. Campbell.

Mahoning App. No. 15 MA 0220, 2016-Ohio-8097.

O’Connor, C.J., and French and O’Neill, JJ., 
dissent.

2017-0145. State v. Jackson.

Cuyahoga App. No. 103957, 2016-Ohio-8144.

2017-0913. Electronic Classroom of Tomorrow v. 
Dept. of Edn.

Franklin App. No. 16AP-863, 2017-Ohio-5607. 
Discretionary appeal of appellant Electronic 
Classroom of Tomorrow accepted on proposition 
of law No. IV. Appeal of appellants Jeremy Aker 
and Darrel Deberry not accepted.

O’Donnell and Kennedy, JJ., would accept the 
appeal of appellant Electronic Classroom of 
Tomorrow on all propositions of law.

O’Connor, C.J., dissents and would not accept 
either appeal.

W. Scott Gwin, J., of the Fifth District Court of 
Appeals, sitting for French, J.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1588. State v. Tracey.

Muskingum App. No. CT 2015-0040, 2016-Ohio-
5255.

2017-0001. Walker v. Hartford on the Lake, L.L.C.

Franklin App. Nos. 16AP-271 and 16AP-272, 
2016-Ohio-7792.

2017-0002. State v. Gibson.

Cuyahoga App. No. 103958, 2016-Ohio-7778.

2017-0008. Turley v. Univ. of Cincinnati Med. Ctr.

Hamilton App. No. C-150717, 2016-Ohio-7457.

O’Donnell, J., dissents.

Fischer, J., not participating.

2017-0011. State v. Bolen.

Seneca App. No. 13-16-01, 2016-Ohio-7821.

O’Donnell, J., dissents.

2017-0012. Wright v. Therm-O-Link.

Portage App. No. 2015-P-0059, 2016-Ohio-7840.

O’Neill, J., dissents.

2017-0034. State v. George.

Cuyahoga App. No. 103708, 2016-Ohio-7886.

O’Neill, J., dissents.

2017-0040. Cornett v. Cornett.

Greene App. No. 2016-CA-7, 2016-Ohio-7902.

2017-0047. State v. Shaskus.

Franklin App. No. 14AP-812, 2016-Ohio-7942.

O’Neill, J., dissents.

2017-0055. Peck v. Tokar.

Geauga App. No. 2016-G-0086, 2016-Ohio-8112.

2017-0056. State v. Johnson.

Franklin App. Nos. 15AP-1021, 15AP-1022, and 
15AP-1023, 2016-Ohio-7945.

DeWine, J., dissents.

2017-0057. State v. Horton.

Muskingum App. No. CT2015-0053, 2016-Ohio-
8193.

2017-0058. State v. Horton.

Muskingum App. No. CT2015-0054, 2016-Ohio-
8181.

2017-0063. State v. Halsey.

Butler App. No. CA2016-01-001, 2016-Ohio-7990.

Kennedy and French, JJ., dissent.

2017-0065. Karras v. Karras.

Montgomery App. No. 26814, 2016-Ohio-8079.

2017-0073. Cobb v. Ohio Dept. of Edn.

Cuyahoga App. No. 103694, 2016-Ohio-7396.

O’Donnell, J., dissents.

2017-0078. State v. Kraus.

Ottawa App. No. OT-15-034, 2016-Ohio-8003.

Fischer and DeWine, JJ., not participating.

2017-0080. State v. Carelli.

Columbiana App. No. 15 CO 0025, 2016-Ohio-
8031.

2017-0081. United States Fire Ins. v. Am. Bonding 
Co., Inc.

Hamilton App. Nos. C-160307 and C-160317, 
2016-Ohio-7968.

Fischer, J., not participating.

2017-0082. State v. Rawls.

Cuyahoga App. No. 104191, 2016-Ohio-7962.

Fischer, J., not participating.

2017-0091. State v. Knight.

Butler App. No. CA2016-02-028, 2016-Ohio-7991.

2017-0093. State v. Mitchell.

Cuyahoga App. No. 104314, 2017-Ohio-94.

2017-0096. State v. Nelson.

Hamilton App. No. C-150480, 2016-Ohio-8064.

Kennedy, J., dissents.

Fischer, J., not participating.

2017-0099. State v. Miller.

Perry App. No. 16-CA-0004, 2016-Ohio-8248.

2017-0103. State v. Hill.

Sandusky App. No. S-15-011, 2016-Ohio-8087.

2017-0104. Marshall v. Colonial Ins. Co.

Mahoning App. No. 2015 MA 0169, 2016-Ohio-
8155.

2017-0118. In re E.H.

Ottawa App. No. OT-15-044, 2016-Ohio-8170.

Fischer, J., dissents and would accept the cause 
on proposition of law No. II.

2017-0149. State v. Kearns.

Franklin App. No. 15AP-244, 2016-Ohio-5941.

O’Neill, J., dissents.

2017-0164. Sanzenbacker v. The Bistro Group, 
Inc.

Hamilton App. No. C-160862.

O’Neill, J., dissents.

Fischer, J., not participating.

2017-0183. State v. Clarke.

Cuyahoga App. No. 104397, 2016-Ohio-8306.

2017-0515. State v. Myers.

Wood App. No. WD-16-026, 2017-Ohio-1220. 
Appellant’s motion to strike denied as moot.

2017-0524. State v. Everson.

Mahoning App. No. 16 MA 0120, 2017-Ohio-898.

2017-0528. Bey v. State.

Lucas App. No. L-16-1088, 2017-Ohio-404.

2017-0534. Secy. of Veterans Affairs v. Shaffer.

Richland App. No. 16CA23, 2017-Ohio-801.

2017-0537. State v. Wesley.

Jefferson App. No. 15 JE 0006, 2017-Ohio-799.

2017-0538. State v. Vincent.

Ross App. No. 15CA3512, 2017-Ohio-1441.

2017-0548. State v. Emerine.

Trumbull App. No. 2016-T-0048, 2017-Ohio-1206.

2017-0556. State v. Cochran.

Cuyahoga App. No. 105564.

2017-0558. State v. Dawson.

Cuyahoga App. No. 104509, 2017-Ohio-965.

2017-0572. State v. Fikes.

Hamilton App. No. C-150538.

Fischer, J., not participating.

2017-0580. State v. Rogers.

Guernsey App. No. 16 CA 18, 2017-Ohio-1248.

O’Neill, J., dissents.

2017-0584. State v. Gentry.

Hamilton App. Nos. C-160184 and C-160222.

Fischer, J., not participating.

2017-0586. State v. Oldaker.

Meigs App. No. 16CA3, 2017-Ohio-1201.

2017-0592. State v. McArthur.

Cuyahoga App. No. 104862, 2017-Ohio-1373.

2017-0596. Moore v. Naiman.

Cuyahoga App. No. 104715, 2017-Ohio-1163.

2017-0599. State v. Williams.

Stark App. No. 2014CA00086.

2017-0601. Grimes v. Oviatt.

Cuyahoga App. No. 104491, 2017-Ohio-1174.

2017-0611. Ashtabula v. Jones.

Ashtabula App. No. 2016-A-0053, 2017-Ohio-
1103.

2017-0620. State v. Adams.

Stark App. No. 2016CA00106, 2017-Ohio-1145.

2017-0621. State v. McGee.

Cuyahoga App. No. 104566, 2017-Ohio-1363.

2017-0629. State v. Davidson.

Muskingum App. No. CT2017-0014, 2017-Ohio-
1505.

2017-0634. State v. Hamilton.

Hocking App. No. 16CA17, 2017-Ohio-1294.

2017-0641. State v. Holsinger.

Richland App. No. 16CA48, 2017-Ohio-1378.

2017-0645. State v. Wright.

Mahoning App. No. 15 MA 0092, 2017-Ohio-1211.

2017-0651. State v. Smith.

Cuyahoga App. No. 104263, 2017-Ohio-1155.

2017-0652. State v. Kendrick.

Montgomery App. No. 27133, 2017-Ohio-1306.

2017-0668. State v. Bradley.

Van Wert App. No. 15-17-05.

2017-0670. State v. Collier.

Hamilton App. No. C-170127.

2017-0680. State v. Becraft.

Clark App. No. 2016-CA-9, 2017-Ohio-1464.

O’Neill, J., dissents and would accept the cause 
and appoint counsel to represent appellant.

2017-0688. State v. Peace.

Hancock App. No. 5-16-21.

2017-0704. State v. Yuschak.

Medina App. No. 17CA0016-M.

Fischer, J., dissents.

2017-0709. Cuyahoga Cty. Bd. of Health v. Petro.

Cuyahoga App. No. 104882, 2017-Ohio-1164.

O’Donnell, J., dissents.

2017-0716. State v. Walker.

Trumbull App. No. 2016-T-0034, 2016-Ohio-8521.

2017-0720. State v. Berry.

Franklin App. Nos. 16AP-659 and 16AP-660, 
2017-Ohio-1529.

2017-0728. State v. Arroyo-Garcia.

Franklin App. No. 15AP-890, 2016-Ohio-7006.

2017-0730. State v. Watson.

Butler App. No. CA2016-08-159, 2017-Ohio-1403.

2017-0789. State v. Kegley.

Crawford App. No. 3-16-06, 2016-Ohio-8467.

2017-0805. State v. Tharp.

Cuyahoga App. No. 104216, 2017-Ohio-2750.

2017-0810. State v. Price.

Mahoning App. No. 2015 MA 0206, 2016-Ohio-
8417.

2017-0861. State v. Martin.

Summit App. No. 27789, 2016-Ohio-7764.

French and O’Neill, JJ., dissent.

2017-0918. In re Jd.R.

Franklin App. No. 16AP-364, 2017-Ohio-2940.

2017-0975. State v. Geiger.

Franklin App. No. 15AP-1120, 2016-Ohio-7571.

2017-1012. In re K.P.

Fairfield App. Nos. 17-CA-3 and 17-CA-4, 2017-
Ohio-4264.

2017-1019. State v. Payne.

Summit App. No. 26655, 2013-Ohio-5230.

Fischer, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS

2014-0807. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2011-714. Reported at 
__ Ohio St.3d __, 2017-Ohio-2734, __ N.E.3d __. 
On motion for reconsideration. Motion granted as 
to the request to amend the judgment entry of 
May 11, 2017, to include reinstatement of the 
Franklin County Board of Revision’s valuation for 
2008, consistent with the opinion of this court. 
Motion denied in all other respects. On appellee’s 
motion to strike. Motion granted.

2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2014-1160. Reported 
at 150 Ohio St.3d 69, 2017-Ohio-4002, 78 N.E.3d 
870. On motion for reconsideration. Motion 
denied.

2016-0509. State ex rel. McKee v. Union Metal 
Corp.

Franklin App. No. 15AP-414, 2016-Ohio-1236. 
Reported at 150 Ohio St.3d 223, 2017-Ohio-5541, 
80 N.E.3d 491. On amended motion for 
reconsideration. Motion denied.

2016-1710. Snyder v. Grant.

Cuyahoga App. No. 103796, 2016-Ohio-5247. 
Reported at 149 Ohio St.3d 1432, 2017-Ohio-
4396, 76 N.E.3d 1208. On motion for 
reconsideration. Motion denied. O’Donnell, J., 
dissents.

2017-0181. State v. Boware.

Summit App. No. 27975, 2016-Ohio-7024. 
Reported at 149 Ohio St.3d 1433, 2017-Ohio-
4396, 76 N.E.3d 1209. On motion for 
reconsideration. Motion denied. O’Connor, C.J., 
not participating.

2017-0231. Rocky River v. Collins.

Cuyahoga App. No. 104180, 2017-Ohio-14. 
Reported at 149 Ohio St.3d 1434, 2017-Ohio-
4396, 76 N.E.3d 1209. On motion for 
reconsideration. Motion denied.

2017-0385. Ackerman v. Bank of New York 
Mellon.

Miscellaneous case. Reported at 149 Ohio St.3d 
1416, 2017-Ohio-4038, 75 N.E.3d 235. On motion 
for reconsideration. Motion denied.

2017-0417. State ex. rel. Lopez v. Summit Cty. 
Clerk of Courts.

In Mandamus. Reported at 149 Ohio St.3d 1466, 
2017-Ohio-5723, 77 N.E.3d 989. On motion for 
reconsideration. Motion denied.

O’Neill, J., dissents.

2017-0503. State ex rel. Hillman v. Franklin Cty. 
Common Pleas Adm. Judge.

In Procedendo. Reported at 149 Ohio St.3d 1462, 
2017-Ohio-5699, 77 N.E.3d 986. On motion for 
reconsideration and request for hearing en banc. 
Motion and request denied.





Supreme Court Case Announcement for 
September 13, 2017



CASE ANNOUNCEMENTS AND 
ADMINISTRATIVE ACTIONS

September 13, 2017

[Cite as 09/13/2017 Case Announcements, 2017-
Ohio-7587.]09

MOTION AND PROCEDURAL RULINGS

2017-1279. Otte v. State .

Cuyahoga App. No. 106204. On appellant’s 
motion to stay execution date. Motion denied. On 
consideration of jurisdictional memoranda, 
jurisdiction declined.

O’Neill, J., dissents.



**************************************************



GARY OTTE, :

Court of Appeals Case No. 106204

DEATH PENALTY CASE

EXECUTION SCHEDULED FOR SEPTEMBER 
13, 2017

NOTICE OF APPEAL OF APPELLANT GARY 
OTTE


https://www.supremecourt.ohio.gov/Clerk/ecms/#/
caseinfo/2017/1279





Supreme Court Case Announcement for 
September 12, 2017


CASE ANNOUNCEMENTS

September 12, 2017

[Cite as 09/12/2017 Case Announcements, 2017-
Ohio-7558.]

MERIT DECISIONS WITH OPINIONS

2016-1013. Stewart v. Vivian, Slip Opinion No. 
2017-Ohio-7526.

Clermont App. No. CA2015-05-039, 2016-Ohio-
2892. Judgment affirmed.

O’Donnell, Kennedy, French, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., concurs in part and dissents in 
part, with an opinion joined by O’Neill, J.

2016-1122. Reid v. Cleveland Police Dept., Slip 
Opinion No. 2017-Ohio-7527.

Cuyahoga App. No. 103781, 2016-Ohio-3466. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents.

2016-1502. State ex rel. Mancino v. Tuscarawas 
Cty. Court of Common Pleas, Slip Opinion No. 
2017-Ohio-7528.

Tuscarawas App. No. 2016 AP 05 0029, 2016-
Ohio-5763. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.





Supreme Court Case Announcement for 
September 11, 2017

CASE ANNOUNCEMENTS

September 11, 2017

[Cite as 09/11/2017 Case Announcements, 2017-
Ohio-7529.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF SEPTEMBER 11, 
2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the September 11, 2017 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2015-0187. Bohlen v. Anadarko E & P Onshore, 
L.L.C., 150 Ohio St.3d 197, 2017-Ohio-4025.

2015-0322. Dialysis Ctrs. of Dayton, L.L.C. v. 
Testa, 150 Ohio St.3d 208, 2017-Ohio-4269.

2015-0389. W. Carrollton City Schools Bd. of Edn. 
v. Montgomery Cty. Bd. of Revision, 150 Ohio 
St.3d 215, 2017-Ohio-4328.

2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc., 150 Ohio St.3d 182, 2017-Ohio-2923.

2015-1737. Bibler v. Stevenson, 150 Ohio St.3d 
144, 2016-Ohio-8449.

2015-1831. State ex rel. Schroeder v. Cleveland, 
150 Ohio St.3d 135, 2016-Ohio-8105.

2015-1892. State v. Rahab, 150 Ohio St.3d 152, 
2017-Ohio-1401.

2015-2019. State v. Baird, 150 Ohio St.3d 150, 
2016-Ohio-8466.

2015-2038. Hardesty v. Alcantara, 150 Ohio St.3d 
151, 2016-Ohio-8468.

2016-0509. State ex rel. McKee v. Union Metal 
Corp., 150 Ohio St.3d 223, 2017-Ohio-5541.

2016-0623. Schultheiss v. Heinrich Ents., Inc., 
150 Ohio St.3d 181, 2017-Ohio-2895.

2016-0636. Rush v. Univ. of Cincinnati Physicians, 
Inc., 150 Ohio St.3d 181, 2017-Ohio-2896.

2016-0859. Cleveland Metro. Bar Assn. v. 
Donchatz, 150 Ohio St.3d 168, 2017-Ohio-2793.

2016-1243. In re Application of Coll, 150 Ohio 
St.3d 183, 2017-Ohio-4023.

2016-1488. Ohio State Bar Assn. v. Jacob, 150 
Ohio St.3d 162, 2017-Ohio-2733.

2016-1821. Disciplinary Counsel v. Martyniuk, 150 
Ohio St.3d 220, 2017-Ohio-4329.

2017-0223. Cleveland Metro. Bar Assn. v. 
Callahan, 150 Ohio St.3d 227, 2017-Ohio-5700.

17-AP-008. In re Disqualification of Patton, 150 
Ohio St.3d 1252, 2017-Ohio-2839.

17-AP-014. In re Disqualification of Eighth Dist. 
Court of Appeals, 150 Ohio St.3d 1253, 2017-
Ohio-2840.

17-AP-032. In re Disqualification of Tyack, 150 
Ohio St.3d 1255, 2017-Ohio-5719.

17-AP-033. In re Disqualification of Blanchard, 
150 Ohio St.3d 1260, 2017-Ohio-5543.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial disqualification opinion, which was 
previously issued as an entry in response to an 
affidavit of disqualification filed pursuant to R.C. 
2701.03.

17-AP-055. In re Disqualification of Sieve, Slip 
Opinion No. 2017-Ohio-7523 (decided Jun. 30, 
2017).





Supreme Court Case Announcement for 
September 7, 2017

CASE ANNOUNCEMENTS

September 7, 2017

[Cite as 09/07/2017 Case Announcements, 2017-
Ohio-7476.]

MERIT DECISIONS WITH OPINIONS

2016-0672. State v. Mohamed , Slip Opinion No. 
2017-Ohio-7468.

Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116. Judgment reversed and cause 
remanded.

O’Connor, C.J., and Kennedy, French, and 
DeWine, JJ., concur.

Fischer, J., concurs, with an opinion.

O’Donnell, J., concurs in judgment only.

O’Neill, J., dissents, with an opinion.

2016-0782. State v. Jackson , Slip Opinion No. 
2017-Ohio-7469.

Cuyahoga App. No. 103035, 2016-Ohio-704. 
Judgment reversed and cause remanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

DISCIPLINARY CASES

2015-0060. Lorain Cty. Bar Assn. v. Provenza.

On report by the Board of Professional Conduct. 
In 2017-1158, In re Resignation of Provenza, this 
court accepted respondent’s resignation with 
disciplinary action pending. Therefore, this cause 
is dismissed. Costs are taxed to respondent.

2016-1489. Wood Cty. Bar. Assn. v. Searfoss.

On report by the Board of Professional Conduct. 
In 2017-0997, In re Resignation of Searfoss, this 
court accepted respondent’s resignation with 
disciplinary action pending. Therefore, this cause 
is dismissed. Costs are taxed to respondent.

2017-0010. Disciplinary Counsel v. Rutherford.

On certification of default. On relator’s motion to 
remand proceedings to Board of Professional 
Conduct to initiate default proceedings seeking 
permanent disbarment. Motion granted. The 
interim default suspension imposed against 
respondent on February 1, 2017, shall remain in 
place while this matter is pending before the 
board. Proceedings before this court in this case 
are stayed until further order of the court.

2017-0997. In re Resignation of Searfoss.

On application for resignation of Robert Eugene 
Searfoss III, Attorney Registration No. 0078906, 
and on report filed under seal by disciplinary 
counsel. Resignation accepted with disciplinary 
action pending.

2017-1158. In re Resignation of Provenza.

On application for resignation of Mark Russell 
Provenza, Attorney Registration No. 0022490, 
and on report filed under seal by disciplinary 
counsel. Resignation accepted with disciplinary 
action pending.





Supreme Court Case Announcement for 
September 6, 2017


CASE ANNOUNCEMENTS

September 6, 2017

[Cite as 09/06/2017 Case Announcements, 2017-
Ohio-7459.]

MERIT DECISIONS WITH OPINIONS

2016-0790. Johnson v. Montgomery , Slip Opinion 
No. 2017-Ohio-7445.

Montgomery App. Nos. 26319 and 26322, 2016-
Ohio-1472. Judgment affirmed.

O’Connor, C.J., and Kennedy, Fischer, and 
DeWine, JJ., concur.

O’Donnell and French, JJ., concur in judgment 
only.

O’Neill, J., dissents, with an opinion.

MOTION AND PROCEDURAL RULINGS

2016-1891. State v. Martin.

Summit App. No. 27789, 2016-Ohio-7764. On 
appellant’s motion for appointment of counsel. 
Motion granted. Jennifer Kinsley is appointed to 
represent appellant.





Supreme Court Case Announcement for 
September 5, 2017


[Cite as 09/05/2017 Case Announcements, 2017-
Ohio-7440.]

MERIT DECISIONS WITH OPINIONS

2016-1116. Lightning Rod. Mut. Ins. Co. v. 
Southworth , Slip Opinion No. 2017-Ohio-7438.

Scioto App. No. 15CA3704, 2016-Ohio-3473. 
Cause dismissed.

O’Connor, C.J., and Kennedy, O’Neill, Fischer, 
and DeWine, JJ., concur.

O’Donnell, J., dissents, with an opinion joined by 
French, J.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-052. In re Disqualification of Tyack and 
Brunner, Slip Opinion No. 2017-Ohio-7428 
(decided Jun. 30, 2017).

17-AP-053. In re Disqualification of Rapp, Slip 
Opinion No. 2017-Ohio-7429 (decided Jun. 12, 
2017).

17-AP-059. In re Disqualification of Rice, Slip 
Opinion No. 2017-Ohio-7437 (decided Jul. 6, 
2017).





Supreme Court Second Case 
Announcement for September 1, 2017


CASE ANNOUNCEMENTS

September 1, 2017

[Cite as 09/01/2017 Case 
Announcements #2, 2017-Ohio-7439.]

MOTION AND PROCEDURAL RULINGS

2017-1212. State v. Rigel.

Clark App. No. 2016-CA-50, 2017-
Ohio-6906. Sua sponte, appellee 
ordered to file a response, if any, 
to appellant’s motion for stay no 
later than 5:00 p.m. on Wednesday, 
September 6, 2017.





Supreme Court Case Announcement for 
September 1, 2017

CASE ANNOUNCEMENTS

September 1, 2017

[Cite as 09/01/2017 Case Announcements, 2017-
Ohio-7423.]

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-043. In re Disqualification of Patton, Slip 
Opinion No. 2017-Ohio-7410 (decided May 16, 
2017).

17-AP-045. In re Disqualification of Binette, Slip 
Opinion No. 2017-Ohio-7411 (decided June 1, 
2017).

DISCIPLINARY CASES

2017-0732. In re Resignation of Pioch.

Sua sponte, Susan Marie Pioch, Attorney 
Registration No. 0012533, last known business 
address in Toledo, Ohio, found in contempt for 
failure to file her certificate of admission and 
failure to file an affidavit of compliance on or 
before July 28, 2017.

MISCELLANEOUS DISMISSALS

2017-0854. Cincinnati Reds, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-1707. Sua 
sponte, appellant’s stipulation to extension of time 
to file merit brief stricken as untimely pursuant to 
S.Ct.Prac.R.

3.03(B)(2). Appellant has not filed a merit brief, 
due August 28, 2017, in compliance with the 
Rules of Practice of the Supreme Court of Ohio 
and therefore has failed to prosecute this cause 
with the requisite diligence. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

August 31, 2017

[Cite as 08/31/2017 Case Announcements, 2017-
Ohio-7387.]

MOTION AND PROCEDURAL RULINGS

2015-1203. Heineman v. Testa. Board of Tax 
Appeals, Nos. 2013-1985, 2013-1986, 2013-1987, 
2013-1988, 2013-1989, and 2015-268. On joint 
motion to remand to the Tax Commissioner. 
Motion granted. The cause is remanded to the 
Tax Commissioner to take further action as 
appropriate.

2017-0752. In re Application of Ohio Power Co. 
Public Utilities Commission, Nos. 14-1693-EL-
RDR and 14-1694-EL-AAM. On first appellant’s 
motion for leave to file a portion of its supplement 
under seal and second appellant’s motion for 
leave to file an amended supplement. Motions 
granted. The amended supplement shall be filed 
within 10 days.

2017-1015. State ex rel. Keith v. Dept. of Rehab. 
& Corr. Franklin App. No. 15AP-1080, 2017-Ohio-
4406. On appellant’s motion for mediation referral. 
Motion denied. On appellant’s motion for 
extension of time to file merit brief and request to 
stay pending decision on motion for mediation. 
Motion and request denied as moot. Appellant 
may file a request or stipulation for extension as 
permitted under S.Ct.Prac.R. 3.03(B)(2).





Supreme Court Case Announcement for August 
30 , 2017

CASE ANNOUNCEMENTS

August 30, 2017

[Cite as 08/30/2017 Case Announcements, 2017-
Ohio-7379.]

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-039. In re Disqualification of Holbrook, Slip 
Opinion No. 2017-Ohio-7373 (decided Jun. 9, 
2017).

17-AP-041. In re Disqualification of Breaux, Slip 
Opinion No. 2017-Ohio-7374 (decided Jun. 21, 
2017).

MOTION AND PROCEDURAL RULINGS

2017-0938. State v. Froman.

Warren C.P. No. 14CR30398. On amended 
motion for stay of execution. Motion granted. No 
execution date shall be set while this appeal is 
pending.

DISCIPLINARY CASES

2012-1324. Disciplinary Counsel v. Talikka.

On application for termination of probation. The 
court finds that respondent has substantially 
complied with Gov.Bar R. V(21)(D) and with the 
court’s order dated July 10, 2014. The probation 
of respondent, Leo Johnny Talikka, Attorney

Registration No. 0006613, last known business 
address in Painesville, Ohio, is terminated.

MEDIATION MATTERS

The following cases have been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellants in each case shall file a brief within 40 
days, and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.07. As provided in S.Ct.Prac.R. 16.07, the 
court may dismiss these cases or take other 
action if the parties fail to timely file merit briefs.

2017-0161. Kohl’s Illinois, Inc. v. Marion Cty. Bd. 
of Revision.

Board of Tax Appeals, No. 2016-138.

2017-0717. Hilliard City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-297.

2017-0814. Huber Heights City Schools Bd. of 
Edn. v. Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2359 and 2015-
2360.





Supreme Court Case Announcement for August 
29, 2017

CASE ANNOUNCEMENTS

August 29, 2017

[Cite as 08/29/2017 Case Announcements, 2017-
Ohio-7367.]

MOTION AND PROCEDURAL RULINGS

2013-0915. State v. Cepec.

Medina C.P. No. 10CR0588. On motion for 
approval/payment of attorney fees by Nathan A. 
Ray. Motion granted. The court will consider 
Nathan Ray’s application for attorney fees within 
30 days.

If Adam M. Van Ho does not submit his 
application for attorney’s fees within 15 days, he 
will not be entitled to attorney’s fees for his work 
on this case.

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. On joint 
motion to supplement the record. Motion granted. 
The trial court shall file a copy of State’s Exhibit 
302-A as part of the supplemental record within 
14 days.

MISCELLANOUS DISMISSALS

2017-1174. State ex rel. Bristow v. Richland Cty. 
Common Pleas Court.

In Prohibition. On relator’s application for 
dismissal. Application granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

August 28, 2017

[Cite as 08/28/2017 Case Announcements, 2017-
Ohio-7354.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 28, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the August 28, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2013-1622. Disciplinary Counsel v. Hale , 150 
Ohio St.3d 1244, 2016-Ohio-5079.

2014-1032. Lutheran Social Servs. of Cent. Ohio 
Village Hous., Inc. v. Franklin Cty. Bd. of Revision 
, 150 Ohio St.3d 125, 2017-Ohio-900.

2014-1831. Utt v. Lorain Cty. Bd. of Revision , 150 
Ohio St.3d 119, 2016-Ohio-8402.

2014-1896. Columbus Bar Assn. v. McCord , 150 
Ohio St.3d 81, 2016-Ohio-3298.

2014-1905. Disciplinary Counsel v. Stokes , 150 
Ohio St.3d 1244, 2016-Ohio-5128.

2015-0077. State v. Pittman , 150 Ohio St.3d 113, 
2016-Ohio-8314.

2015-0613. Cleveland Metro. Bar Assn. v. Schiff , 
150 Ohio St.3d 1231, 2016-Ohio-97.

2015-1074. State ex rel. Ohio Presbyterian 
Retirement Servs., Inc. v. Indus. Comm. , 150 
Ohio St.3d 102, 2016-Ohio-8024.

2015-1310. Cook v. State , 150 Ohio St.3d 96, 
2016-Ohio-3415.

2015-1536. Lee v. Weir , 150 Ohio St.3d 110, 
2016-Ohio-8104.

2015-1547. Disciplinary Counsel v. Thomas , 150 
Ohio St.3d 1233, 2016-Ohio-3334.

2015-1628. Dayton Bar Assn. v. Scaccia , 150 
Ohio St.3d 85, 2016-Ohio-3299.

2015-2013. Disciplinary Counsel v. Guinn , 150 
Ohio St.3d 92, 2016-Ohio-3351.

2015-2078. Disciplinary Counsel v. Catalfina , 150 
Ohio St.3d 98, 2016-Ohio-5126.

2016-0886. In re Resignation of Bodor , 150 Ohio 
St.3d 1241, 2016-Ohio-5020.

2016-0951. In re Lindon , 150 Ohio St.3d 1236, 
2016-Ohio-4671.

2016-0953. In re Sciortino , 150 Ohio St.3d 1238, 
2016-Ohio-4736.

2016-0973. Disciplinary Counsel v. Dickinson , 
150 Ohio St.3d 1245, 2016-Ohio-5343.

2016-1490. Disciplinary Counsel v. Peck , 150 
Ohio St.3d 130, 2017-Ohio-2961.

17-AP-025. In re Disqualification of Dellick and 
Quinn , 150 Ohio St.3d 1248, 2017-Ohio-5542.

DISCIPLINARY CASES

2015-2053. Disciplinary Counsel v. Alo.

Sua sponte, Mohammed Noure Alo, Attorney 
Registration No. 0078288, last known business 
address in Columbus, Ohio, found in contempt for 
failure to surrender his certificate of admission 
and failure to file an affidavit of compliance on or 
before August 18, 2017.

2016-1820. Columbus Bar Assn. v. Lindner.

Sua sponte, Kristina Marie Lindner, Attorney 
Registration No. 0088516, last known business 
address in Dublin, Ohio, found in contempt for 
failure to surrender her attorney-registration card 
and failure to file an affidavit of compliance on or 
before July 21, 2017.

2017-0677. Cleveland Metro. Bar Assn. v. 
Butscher.

Sua sponte, Alisa Carol Butscher, Attorney 
Registration No. 0066103, last known business 
address in Cleveland, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before July 17, 2017.





OHIO CASE ANNOUNCEMENTS

August 28, 2017

[Cite as 08/28/2017 Case Announcements, 2017-
Ohio-7354.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 28, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the August 28, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2013-1622. Disciplinary Counsel v. Hale , 150 
Ohio St.3d 1244, 2016-Ohio-5079.

2014-1032. Lutheran Social Servs. of Cent. Ohio 
Village Hous., Inc. v. Franklin Cty. Bd. of Revision 
, 150 Ohio St.3d 125, 2017-Ohio-900.

2014-1831. Utt v. Lorain Cty. Bd. of Revision , 150 
Ohio St.3d 119, 2016-Ohio-8402.

2014-1896. Columbus Bar Assn. v. McCord , 150 
Ohio St.3d 81, 2016-Ohio-3298.

2014-1905. Disciplinary Counsel v. Stokes , 150 
Ohio St.3d 1244, 2016-Ohio-5128.

2015-0077. State v. Pittman , 150 Ohio St.3d 113, 
2016-Ohio-8314.

2015-0613. Cleveland Metro. Bar Assn. v. Schiff , 
150 Ohio St.3d 1231, 2016-Ohio-97.

2015-1074. State ex rel. Ohio Presbyterian 
Retirement Servs., Inc. v. Indus. Comm. , 150 
Ohio St.3d 102, 2016-Ohio-8024.

2015-1310. Cook v. State , 150 Ohio St.3d 96, 
2016-Ohio-3415.

2015-1536. Lee v. Weir , 150 Ohio St.3d 110, 
2016-Ohio-8104.

2015-1547. Disciplinary Counsel v. Thomas , 150 
Ohio St.3d 1233, 2016-Ohio-3334.

2015-1628. Dayton Bar Assn. v. Scaccia , 150 
Ohio St.3d 85, 2016-Ohio-3299.

2015-2013. Disciplinary Counsel v. Guinn , 150 
Ohio St.3d 92, 2016-Ohio-3351.

2015-2078. Disciplinary Counsel v. Catalfina , 150 
Ohio St.3d 98, 2016-Ohio-5126.

2016-0886. In re Resignation of Bodor , 150 Ohio 
St.3d 1241, 2016-Ohio-5020.

2016-0951. In re Lindon , 150 Ohio St.3d 1236, 
2016-Ohio-4671.

2016-0953. In re Sciortino , 150 Ohio St.3d 1238, 
2016-Ohio-4736.

2016-0973. Disciplinary Counsel v. Dickinson , 
150 Ohio St.3d 1245, 2016-Ohio-5343.

2016-1490. Disciplinary Counsel v. Peck , 150 
Ohio St.3d 130, 2017-Ohio-2961.

17-AP-025. In re Disqualification of Dellick and 
Quinn , 150 Ohio St.3d 1248, 2017-Ohio-5542.

DISCIPLINARY CASES

2015-2053. Disciplinary Counsel v. Alo.

Sua sponte, Mohammed Noure Alo, Attorney 
Registration No. 0078288, last known business 
address in Columbus, Ohio, found in contempt for 
failure to surrender his certificate of admission 
and failure to file an affidavit of compliance on or 
before August 18, 2017.

2016-1820. Columbus Bar Assn. v. Lindner.

Sua sponte, Kristina Marie Lindner, Attorney 
Registration No. 0088516, last known business 
address in Dublin, Ohio, found in contempt for 
failure to surrender her attorney-registration card 
and failure to file an affidavit of compliance on or 
before July 21, 2017.

2017-0677. Cleveland Metro. Bar Assn. v. 
Butscher.

Sua sponte, Alisa Carol Butscher, Attorney 
Registration No. 0066103, last known business 
address in Cleveland, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before July 17, 2017.





Supreme Court Case Announcement for August 
25, 2017

CASE ANNOUNCEMENTS

August 25, 2017

[Cite as 08/25/2017 Case Announcements, 2017-
Ohio-7336.]

MOTION AND PROCEDURAL RULINGS

2014-1290. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10.

Public Utilities Commission, No. 12-2050-EL-
ORD. On consideration of the joint status report, 
stay of the briefing schedule extended. The 
parties shall notify the court within 180 days of the 
status and whether the stay may be lifted.

2014-1633. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10.

Public Utilities Commission, No. 12-2050-EL-
ORD. On consideration of the joint status report, 
stay of the briefing schedule extended. The 
parties shall notify the court within 180 days of the 
status and whether the stay may be lifted.

2016-0696. State v. Apanovitch.

Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. On motions for admission pro hac vice 
of Harry Cohen and Michael Robles. Motions 
granted. Pursuant to Gov.Bar R. XII(4), counsel 
shall file a notice of permission with the Supreme 
Court’s Office of Attorney Services within 30 days.

2017-0200. State v. Mason.

Marion App. No. 9-16-34, 2016-Ohio-8400. On 
appellant’s motion for appointment of counsel. 
Motion granted. Kort Gatterdam and Todd 
Anderson are appointed to represent appellant.

2017-0412. In re Application of Black Fork Wind 
Energy, L.L.C.

Power Siting Board, No. 10-8265-EL-BGN. On 
motion of intervening appellee to supplement the 
record. Motion granted. The Power Siting Board 
shall supplement

the record in this case within 14 days with the 
record from the September 12, 2014 amendment 
application in Ohio Power Siting Board Case No. 
14-1591-EL-BGA.

The briefing schedule in this case is stayed until 
the clerk of court files the supplemental record. 
Upon filing of the supplemental record, the 
briefing schedule shall resume. Appellants shall 
file a merit brief within 40 days of the filing date of 
the supplemental record, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07.





OHIO CASE ANNOUNCEMENTS

August 21, 2017

[Cite as 08/21/2017 Case Announcements, 2017-
Ohio-7269.]

MOTION AND PROCEDURAL RULINGS

2017-0662. State v. Asadi-Ousley.

Cuyahoga App. No. 104267, 2017-Ohio-2652. On 
appellee’s motion to withdraw motion to stay as 
moot. Motion granted.

MISCELLANEOUS DISMISSALS

2017-1057. State ex rel. Davila v. Cuyahoga Cty. 
Bd. of Elections.

In Mandamus. On joint application for dismissal. 
Application granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

August 14, 2017

[Cite as 08/14/2017 Case Announcements, 2017-
Ohio-7205.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 14, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the August 14, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2014-0943. In re C.R. , 150 Ohio St.3d 19, 2016-
Ohio-5450.

2014-0989. State v. Roberts , 150 Ohio St.3d 47, 
2017-Ohio-2998.

2014-1394. Cleveland Metro. Bar Assn. v. Sleibi , 
150 Ohio St.3d 1213, 2017-Ohio-919.

2014-1759. In re M.W. , 150 Ohio St.3d 20, 2016-
Ohio-5452.

2014-1860. In re J.O. , 150 Ohio St.3d 20, 2016-
Ohio-5453.

2015-0293. Disciplinary Counsel v. Williams , 150 
Ohio St.3d 1214, 2017-Ohio-920.

2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of 
Revision , 150 Ohio St.3d 69, 2017-Ohio-4002.

2015-0742. Toledo Bar Assn. v. Harvey , 150 Ohio 
St.3d 74, 2017-Ohio-4022.

2015-0774. State v. Mohammad , 150 Ohio St.3d 
25, 2016-Ohio-8362.

2015-0800. State ex rel. Scott v. Streetsboro , 150 
Ohio St.3d 1, 2016-Ohio-3308.

2015-1177. State ex rel. Ralios v. Iannotta , 150 
Ohio St.3d 7, 2016-Ohio-3309.

2015-1259. State v. Mobarak , 150 Ohio St.3d 26, 
2016-Ohio-8372.

2015-1364. State ex rel. Rackley v. Sloan , 150 
Ohio St.3d 11, 2016-Ohio-3416.

2015-1477. State ex rel. Jackson v. Sloan , 150 
Ohio St.3d 14, 2016-Ohio-5106.

2015-1497. State ex rel. McQueen v. Weibling-
Holliday , 150 Ohio St.3d 17, 2016-Ohio-5107.

2015-1615. State ex rel. Bevins v. Cooper , 150 
Ohio St.3d 22, 2016-Ohio-5578.

2015-1893. State v. Bell , 150 Ohio St.3d 23, 
2016-Ohio-7560.

2015-1977. In re J.N. , 150 Ohio St.3d 21, 2016-
Ohio-5457.

2015-2003. Trumbull Cty. Bar Assn. v. Masek , 
150 Ohio St.3d 9, 2016-Ohio-3350.

2016-0118. State v. Jackson , 150 Ohio St.3d 27, 
2016-Ohio-8363.

2016-0179 and 2016-0201. State v. Mustafa , 150 
Ohio St.3d 28, 2016-Ohio-8364.

2016-0259. Disciplinary Counsel v. Simmonds , 
150 Ohio St.3d 1201, 2017-Ohio-831.

2016-0271. State v. Polk , 150 Ohio St.3d 29, 
2017-Ohio-2735.

2016-0808. Lorain Cty. Bar Assn. v. Provenza , 
150 Ohio St.3d 1227, 2016-Ohio-3254.

2016-1168 and 2016-1297. State v. Mobarak , 150 
Ohio St.3d 28, 2016-Ohio-8368.

2016-1496. Disciplinary Counsel v. Hoskins , 150 
Ohio St.3d 41, 2017-Ohio-2924.

2017-0193. Cincinnati Bar Assn. v. May , 150 
Ohio St.3d 1206, 2017-Ohio-863.

2017-0210. Disciplinary Counsel v. Edmonson , 
150 Ohio St.3d 1209, 2017-Ohio-864.

2017-0280. Disciplinary Counsel v. Jackson , 150 
Ohio St.3d 1215, 2017-Ohio-1051.

2017-0341. Mahoning Cty. Bar Assn. v. Verkhlin , 
150 Ohio St.3d 1218, 2017-Ohio-1237.

2017-0359. Disciplinary Counsel v. Lech , 150 
Ohio St.3d 1224, 2017-Ohio-2737.

2017-0403. In re Resignation of Reed , 150 Ohio 
St.3d 1220, 2017-Ohio-1344.

17-AP-006. In re Disqualification of Tenth Dist. 
Court of Appeals, 150 Ohio St.3d 1203, 2017-
Ohio-1434.

17-AP-019. In re Disqualification of Jamison, 150 
Ohio St.3d 1212, 2017-Ohio-1436.

CLE-2005-68789. In re Continuing Legal Edn. 
Suspension of Squires, 150 Ohio St.3d 1223, 
2017-Ohio-2626.

In re Cases Held for the Decision in State v. 
Thomas, 150 Ohio St.3d 24, 2016-Ohio-7561.

MOTION AND PROCEDURAL RULINGS

2017-0228. Scaglione v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals Nos. 2016-532, 2016-533, 
2016-536, 2016-1331, and 2016-1335. On 
appellee’s motion to dismiss. Motion denied as 
moot.

MISCELLANEOUS DISMISSALS

2017-0423. In re R.H.

Cuyahoga App. No. 104455, 2017-Ohio-467. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.

2017-0783. State v. Collopy.

Coshocton App. No. 2016CA0010, 2017-Ohio-
1397. On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2017-1056. State ex rel. Janis v. Streetsboro City 
Council.

In Mandamus. On relator’s application for 
dismissal. Application granted. Cause dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation under S.Ct.Prac.R. 19.01.

2017-1026. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2010-3563.

2017-1054. State ex rel. Hunter v. Youngstown 
City School Dist.

In Mandamus.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01. 
The appellant shall file a brief within 40 days, and 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss this case or take other action if the parties 
fail to timely file merit briefs.

2017-0655. Great Lakes Bar Control, Inc. v. Testa.

Board of Tax Appeals, No. 2016-34.

The following case has been returned to the 
regular docket under S.Ct.Prac.R. 19.01. 
Respondents shall file a response to the 
complaint within 21 days.

2017-0874. State ex rel. Kaplan v. Bozza.

In Mandamus.





Board of Professional Conduct Concludes Dual 
Employment of Specialized Docket Employees 
Prohibited
Staff Report | August 11, 2017

The Board of Professional Conduct today issued 
an advisory opinion concerning the dual 
employment of court employees in both a 
specialized drug court and a nonprofit drug 
treatment center under contract with the court.

In Advisory Opinion 2017-6 the Board concludes 
that the dual employment is ordinarily prohibited 
under the Ohio Ethics Law and raises issues 
under the Ohio Code of Judicial Conduct. Such an 
employment arrangement creates a prohibited 
financial interest in a public contract under R.C. 
2921.42(A), unless the court employee is able to 
prove that the exception in 2921.42(C) is satisfied. 
Under the judicial conduct code, the dual 
employment can impact the independence, 
integrity, and impartiality of the judge and raise an 
appearance of impropriety that necessitates 
disqualification.

In response to a second question, the Board 
concludes that a court employee may not engage 
in fundraising for the nonprofit drug treatment 
center. Citing an earlier Board opinion and an 
opinion issued by the American Bar Association, 
the Board concludes that the code prohibits a 
court employee from soliciting funds on behalf of 
a nonprofit organization that contracts with the 
court to provide drug treatment services.

Advisory Opinions of the Board of Professional 
Conduct are nonbinding opinions in response to 
prospective or hypothetical questions regarding 
the application of the Supreme Court Rules for the 
Government of the Bar of Ohio, the Supreme 
Court Rules for the Government of the Judiciary, 
the Ohio Rules of Professional Conduct, the Ohio 
Code of Judicial Conduct, and the Attorney’s Oath 
of Office.





OHIO CASE ANNOUNCEMENTS

August 10, 2017

[Cite as 08/10/2017 Case Announcements, 2017-
Ohio-7158.]

MOTION AND PROCEDURAL RULINGS

2017-0483. State v. Moore.

Erie App. No. E-16-030, 2017-Ohio-673. On 
motion to withdraw as counsel for appellee. 
Motion granted. On appellee’s motion for 
appointment of counsel. Motion granted. The Ohio 
Public Defender is appointed to represent 
appellee. The Ohio Public Defender shall file an 
affidavit of indigence, executed by appellee, within 
30 days.

2017-0858. Clarkwestern Dietrich Bldg. Sys., 
L.L.C. v. Certified Steel Stud Assn., Inc.

Butler App. No. CA2016-06-113, 2017-Ohio-2713. 
On motion for admission pro hac vice of Anthony 
Cillo. Motion granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice of permission 
with the Supreme Court’s Office of Attorney 
Services within 30 days.

DISCIPLINARY CASES

2016-1333. Disciplinary Counsel v. Brumbaugh.

On certification of default. Jeffrey Shane 
Brumbaugh, Attorney Registration No. 0074102, 
last known business address in Troy, Ohio, found 
in contempt for failure to file an affidavit of 
compliance on or before June 26, 2017.

2017-0663. Dayton Bar Assn. v. Wilcoxson.

On application for reinstatement. Clinton Ralph 
Wilcoxson, Attorney Registration No. 0061974, 
reinstated to the practice of law.





Supreme Court Case Announcement for August 
9, 2017


CASE ANNOUNCEMENTS

August 9, 2017

[Cite as 08/09/2017 Case Announcements, 2017-
Ohio-7144.]

MISCELLANEOUS DISMISSALS

2016-0094. State ex rel. Harborside of Cleveland 
Ltd. Partnership v. Indus. Comm.

Franklin App. No. 14AP-1012, 2015-Ohio-5517. 
On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2017-0928. Patterson v. Cincinnati Ins. Cos.

Cuyahoga App. No. 104371, 2017-Ohio-2981. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.





Supreme Court Case Announcement for August 
3, 2017

CASE ANNOUNCEMENTS

August 3, 2017

[Cite as 08/03/2017 Case Announcements, 2017-
Ohio-7056.]

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

16-AP-100. In re Disqualification of O’Toole, Slip 
Opinion No. 2017-Ohio-7053 (decided Jan. 26, 
2017).

17-AP-016. In re Disqualification of Patton, Slip 
Opinion No. 2017-Ohio-7054 (decided Apr. 5, 
2017).

17-AP-027. In re Disqualification of Gallagher, Slip 
Opinion No. 2017-Ohio-7055 (decided Apr. 7, 
2017).





Supreme Court Case Announcement for August 
2, 2017

CASE ANNOUNCEMENTS

August 2, 2017

[Cite as 08/02/2017 Case Announcements, 2017-
Ohio-7040.]

MOTION AND PROCEDURAL RULINGS

2017-0146. State v. Runyon.

Butler App. No. CA2016-06-120, 2016-Ohio-8230. 
On appellant’s motion to submit. Motion denied as 
moot.

2017-0830. State ex rel. Arnold v. Gallagher.

Cuyahoga App. No. 105351, 2017-Ohio-4076. On 
appellant’s motions to direct supplementation of 
the record. Motions denied.





Supreme Court Case Announcement for August 
1, 2017

CASE ANNOUNCEMENTS

August 1, 2017

[Cite as 08/01/2017 Case Announcements, 2017-
Ohio-7030.]

MOTION AND PROCEDURAL RULINGS

2017-0044. Westerville City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-302 and 2016-
422. On joint motion to remand the appeal to the 
Board of Tax Appeals. Cause remanded to the 
Board of Tax Appeals to take further action as 
appropriate.

DISCIPLINARY CASES

2016-0845. Cleveland Metro. Bar Assn. v. King.

Sua sponte, Matthew Joseph King, Attorney 
Registration No. 0067189, last known business 
address in Cleveland, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before June 22, 2017.

2016-1496. Disciplinary Counsel v. Hoskins.

Sua sponte, Robert Hansford Hoskins, Attorney 
Registration No. 0068550, last known business 
address in Cincinnati, Ohio, found in contempt for 
failure to surrender his certificate of admission 
and failure to file an affidavit of compliance on or 
before June 22, 2017.





Supreme Court Case Announcement for July 31, 
2017


CASE ANNOUNCEMENTS

July 31, 2017

[Cite as 07/31/2017 Case Announcements, 2017-
Ohio-7010.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JULY 31, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the July 31, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2014-1157. State ex rel. James v. Wal-Mart 
Stores, Inc., 149 Ohio St.3d 700, 2017-Ohio-
1426.

2014-2008, 2014-2009, and 2014-2010. Dauch v. 
Erie Cty. Bd. of Revision, 149 Ohio St.3d 691, 
2017-Ohio-1412.

2015-0078. Groveport Madison Local Schools Bd. 
of Edn. v. Franklin Cty. Bd. of Revision, 149 Ohio 
St.3d 716, 2017-Ohio-1428.

2015-0612. State ex rel. Miller v. Pinkney, 149 
Ohio St.3d 662, 2017-Ohio-1335.

2015-1003. Cincinnati Bar Assn. v. Hoskins, 149 
Ohio St.3d 645, 2016-Ohio-4576.

2015-1581. Ohio Patrolmen’s Benevolent Assn. v. 
Findlay, 149 Ohio St.3d 718, 2017-Ohio-2804.

2015-1841. State ex rel. Marsh v. Tibbals, 149 
Ohio St.3d 656, 2017-Ohio-829.

2016-0252. State ex rel. Bradford v. Dinkelacker, 
149 Ohio St.3d 683, 2017-Ohio-1342.

2016-0646. Johnson v. Moore, 149 Ohio St.3d 
716, 2017-Ohio-2792.

2016-0750. Perry v. Sloan, 149 Ohio St.3d 690, 
2017-Ohio-1404.

2016-0812. State ex rel. Dailey v. Dawson, 149 
Ohio St.3d 685, 2017-Ohio-1350.

2016-0837. State ex rel. Samarghandi v. Ferenc, 
149 Ohio St.3d 698, 2017-Ohio-1413.

2016-0962. State ex rel. Thomas v. Richard, 149 
Ohio St.3d 712, 2017-Ohio-1343.

2016-1187. Johnson v. Madison Cty. Court of 
Common Pleas, 149 Ohio St.3d 730, 2017-Ohio-
2805.

2016-1487. Disciplinary Counsel v. Denslow, 149 
Ohio St.3d 714, 2017-Ohio-1429.

2016-1829. Disciplinary Counsel v. Miller, 149 
Ohio St.3d 731, 2017-Ohio-2821.

2017-0425. In re Resignation of Eynon, 149 Ohio 
St.3d 1277, 2017-Ohio-2742.

DISCIPLINARY CASES

2016-1913. Ohio State Bar Assn. v. Pro-Net Fin., 
Inc.

On motion of the Board on the Unauthorized 
Practice of Law to supplement the record. Motion 
denied.

MISCELLANEOUS DISMISSALS

2017-0948. State ex rel. Davila v. Cuyahoga Cty. 
Bd. of Elections.

In Mandamus. Relator has not filed his evidence 
and brief, due July 27, 2017, in compliance with 
the Rules of Practice of the Supreme Court of 
Ohio and therefore has failed to prosecute this 
cause with the requisite diligence. Cause 
dismissed.





Supreme Court Case Announcement for July 27, 
2017


CASE ANNOUNCEMENTS

July 27, 2017

[Cite as 07/27/2017 Case Announcements, 2017-
Ohio-6977.]

MERIT DECISIONS WITH OPINIONS

2015-0192. State v. D.B. , Slip Opinion No. 2017-
Ohio-6952.

Montgomery App. No. 25859, 2014-Ohio-4858 
and 2014-Ohio-5368. Motion for reconsideration 
granted and judgment reversed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents, with an opinion.

2016-0564. Gyugo v. Franklin Cty. Bd. of Dev. 
Disabilities , Slip Opinion No. 2017-Ohio-6953.

Franklin App. No. 15AP-150, 2016-Ohio-823. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1375. Patrick v. Bunting , Slip Opinion No. 
2017-Ohio-6954.

Marion App. No. 9-16-31. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.

2016-1465. Swain v. Harris , Slip Opinion No. 
2017-Ohio-6962.

Warren App. No. CA2016-08-069. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1495. Cleveland Metro. Bar Assn. v. Heben , 
Slip Opinion No. 2017-Ohio-6965.

On Certified Report by the Board of Professional 
Conduct, No. 2015-061. Edward Joseph Heben, 
Attorney Registration No. 0029052, last known 
business address in Cleveland, Ohio, is hereby 
suspended from the practice of law for one year, 
with the entire suspension stayed.

O’Donnell, Kennedy, French, O’Neill, and 
DeWine, JJ., concur.

O’Connor, C.J., and Fischer, J., dissent and would 
suspend respondent for one year with six months 
stayed.

2017-0226. Lorain Cty. Bar Assn. v. Williamson , 
Slip Opinion No. 2017-Ohio-6963.

On Certified Report by the Board of Professional 
Conduct, No. 2016-031. Anisa Asha Muriell 
Williamson, Attorney Registration No. 0083358, 
last known business address in Cincinnati, Ohio, 
is hereby publicly reprimanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and Fischer, JJ., concur.

DeWine, J., concurs in judgment only.

DISCIPLINARY CASES

1999-2187. Columbus Bar Assn. v. Link.

On respondent’s application for reinstatement. 
Application denied.

MISCELLANEOUS DISMISSALS

2016-1239. State ex rel. Bradford v. Schweitzer.

Warren App. No. CA2016-05-042. On appellant’s 
application for dismissal. Application granted. 
Cause dismissed.

2016-1513. In re Hamilton v. Internatl. Union of 
Operating Engineers, Local 20.

Butler App. No. CA2016-03-054, 2016-Ohio-5565. 
Appellant has not filed a merit brief, due July 17, 
2017, and has failed to prosecute this cause with 
the requisite diligence. Cause dismissed.

2017-0228. Scaglione v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, Nos. 2016-532, 2016-533, 
2016-536, 2016-1331, and 2016-1335. Appellant 
has not filed a merit brief, due July 17, 2017, and 
has failed to prosecute this cause with the 
requisite diligence. Cause dismissed.

2017-0908. State ex rel. The Cincinnati Enquirer 
v. Ghiz.

In Mandamus and Prohibition. On relator’s 
application for dismissal. Application granted. 
Cause dismissed.

MEDIATION MATTERS

2017-0297. Greenway Ohio, Inc. v. Cuyahoga Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2016-2531. This case 
is returned to the regular docket under 
S.Ct.Prac.R. 19.01(E). Appellant/cross-appellee 
shall file a brief within 40 days, and the parties 
shall otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As provided in 
S.Ct.Prac.R. 16.07, the court may dismiss this 
case or take other action if the parties fail to timely 
file merit briefs.





Supreme Court Case Announcement for July 26, 
2017


CASE ANNOUNCEMENTS

July 26, 2017

[Cite as 07/26/2017 Case Announcements, 2017-
Ohio-6964.]

MERIT DECISIONS WITH OPINIONS

2015-1549. Dayton v. State , Slip Opinion No. 
2017-Ohio-6909.

Montgomery App. No. 26643, 2015-Ohio-3160. 
Judgment reversed.

O’Connor, C.J., and Baldwin and Fischer, JJ., 
concur.

French, J., concurs, with an opinion joined by 
Kennedy, J.

O’Neill, J., dissents, with an opinion.

DeWine, J., dissents, with an opinion joined by 
O’Neill, J.

Craig R. Baldwin, J., of the Fifth District Court of 
Appeals, sitting for O’Donnell, J.

2016-0741. State ex rel. Peterson v. McClelland , 
Slip Opinion No. 2017-Ohio-6922.

Cuyahoga App. No. 103918, 2016-Ohio-1549. 
Judgment affirmed.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., concurs in judgment only.

2016-0921. State ex rel. Burroughs v. Hwy. Patrol 
Retirement Sys. Bd. , Slip Opinion No. 2017-Ohio-
6923.

Franklin App. No. 15AP-89, 2016-Ohio-2808. 
Judgment reversed and writ denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-0824. State ex rel. Petric v. Bracy.

In Habeas Corpus. Sua sponte, cause dismissed. 
On petitioner’s application for declaratory 
judgment. Application denied. On petitioner’s 
motion to lift stay. Motion granted. On petitioner’s 
motion for summary judgment. Motion denied. On 
petitioner’s motions to withdraw and motion to 
reinstate. Motions denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0199. State ex rel. Prichard v. Erdos.

In Habeas Corpus. Sua sponte, cause dismissed. 
On petitioner’s motion to issue habeas corpus 
forthwith. Motion denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0328. Carner v. Bracy.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0545. Lentz v. Dept. of Rehab. & Corr. Bur. 
of Sentence Computation.

In Mandamus. On relator’s motion to stay. Motion 
denied. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
Fischer, and DeWine, JJ., concur.

French, J., dissents in part and would deny the 
motion to dismiss and grant an alternative writ.

2017-0549. Rash v. Fifth Dist. Court of Appeals.

In Mandamus. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0605. Carman v. Pinkney.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0615. Harris v. Bracy.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0619. Harmon v. Hoffman.

In Mandamus and Prohibition. On respondents’ 
motion to dismiss. Motion granted. Cause 
dismissed. On relator’s motion to strike. Motion 
denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0625. Bell v. Hamilton Cty. Courthouse.

In Mandamus. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0626. State ex rel. Hillman v. Franklin Cty. 
Appellate Court Judges.

In Prohibition. On relator’s motion for leave to 
supplement complaint. Motion denied. On 
respondents’ motion to dismiss. Motion granted. 
Cause dismissed. On relator’s request to relieve 
him from electronic filing. Request denied. On 
respondents’ motion to stay discovery. Motion 
denied.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
Fischer, and DeWine, JJ., concur.

French, J., concurs in part and dissents in part 
and would grant relator’s motion to leave to 
supplement complaint.

2017-0644. Harris v. Haas.

In Procedendo. On respondent’s motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0671. State ex rel. Armstrong v. 
Shaughnessy.

In Mandamus and Prohibition. On respondent’s 
motion to dismiss. Motion granted. Cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0707. Kerr v. Turner.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.

2017-0708. State v. Hill.

Trumbull App. No. 2016-T-0099. On appellee’s 
motion to dismiss appeal as improvidently filed. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

1998-1474. State v. Coley.

Lucas C.P. No. CR971449. On appellant’s motion 
for order or relief. Motion denied.

2003-0647. State v. Conway.

Franklin C.P. No. 02CR1153. On appellant’s 
amended application for reopening pursuant to 
S.Ct.Prac.R. 11.06. Application denied.

French, J., not participating.

2015-0494. Cox v. Dayton Pub. Schools Bd. of 
Edn.

Montgomery App. No. 26382, 2015-Ohio-620. On 
appellee’s motion for cause. Motion denied.

2016-1629. Thomasson v. Thomasson.

Cuyahoga App. No. 104579. On guardian ad 
litem’s motion for leave to intervene. Motion 
denied.

Fischer, J., dissents.

2017-0239. Sudberry v. Schweitzer.

In Habeas Corpus. On petitioner’s supplemental 
joinder of claims motion. Motion denied.

2017-0254. Ohio Performance Academy, Inc. v. 
Testa.

Board of Tax Appeals, Nos. 2015-1752 and 2015-
1753. On appellants’ amended motion to avoid 
dismissal and for reinstatement. Motion denied.

O’Neill, J., dissents.

2017-0346. State ex rel. O’Malley v. Collier-
Williams.

In Mandamus and Prohibition. On respondent’s 
motion to dismiss. Motion denied.

On motion for leave to intervene as respondent. 
Motion granted. On intervening respondent’s 
motion to dismiss or for judgment on the 
pleadings. Motion denied.

An alternative writ of prohibition is granted, and 
the following briefing schedule is set for 
presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05. The parties shall 
file any evidence they intend to present within 20 
days; relator shall file a brief within ten days of the 
filing of the evidence; respondent shall file a brief 
within 20 days after the filing of relator’s brief; and 
relator may file a reply brief within seven days 
after the filing of respondent’s brief.

DeWine, J., would grant a peremptory writ of 
prohibition.

2017-0532. State ex rel. Cobb v. Ohio Adult 
Parole Auth.

Franklin App. No. 16AP-199, 2017-Ohio-1170. On 
appellant’s motion for stay of cost collection order. 
Motion denied.

2017-0664. State v. Murray.

Highland App. No. 16CA24, 2017-Ohio-1293. On 
review of an order certifying a conflict. The court 
determines that a conflict exists. Sua sponte, 
cause held for decision in 2016-1652, State v. 
Brown, and briefing schedule stayed.

O’Neill and DeWine, JJ., dissent.

2017-0674. State v. McCain.

Montgomery App. No. 26755. On appellant’s 
motion for leave to file delayed appeal. Motion 
denied.

2017-0675. State v. Edmonds.

Cuyahoga App. No. 104528, 2017-Ohio-745. On 
appellant’s motion for leave to file delayed appeal. 
Motion denied.

O’Neill, J., dissents.

2017-0679. State v. Merriweather.

Butler App. No. CA2016-04-077, 2017-Ohio-421. 
On appellant’s motion for leave to file delayed 
appeal. Motion denied.

O’Neill and DeWine, JJ., dissent.

2017-0687. State v. Madison.

Franklin App. No. 15AP-994, 2016-Ohio-7127. On 
appellant’s motion for leave to file delayed appeal. 
Motion denied.

2017-0693. Elliott-Thomas v. Smith.

Trumbull App. No. 2015-T-0007, 2017-Ohio-702. 
On review of an order certifying a conflict. The 
court determines that a conflict exists. The parties 
are ordered to brief the issue stated at page 5 of 
the court of appeals’ entry filed May 4, 2017: 
“Does the tort of intentional interference with or 
destruction of evidence include claims alleging 
interference with or concealment of evidence that 
disrupt a plaintiff’s underlying case? Or, is the tort 
of intentional interference with or destruction of 
evidence limited to claims that allege evidence is 
physically altered or destroyed?”

The conflict cases are O’Brien v. Olmsted Falls, 
8th Dist. Cuyahoga Nos. 89966 and 90336, 2008-
Ohio-2658, Allstate Ins. Co. v. QED Consultants, 
5th Dist. Knox No. 09CA14, 2009-Ohio-4896, and 
McGuire v. Draper, Hollenbaugh & Briscoe Co., 
L.P.A., 4th Dist. Highland No. 01CA21, 2002-
Ohio-6170.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
court of appeals for Trumbull County.

O’Donnell and Kennedy, JJ., dissent.

2017-0696. Portage Cty. Bd. of Dev. Disabilities v. 
Portage Cty. Educators’ Assn. for Dev. Disabilities.

Portage App. No. 2016-P-0032, 2017-Ohio-888. 
On review of an order certifying a conflict. The 
court determines that a conflict exists. The parties 
are ordered to brief the issue stated at page 4 of 
the court of appeals’ entry filed May 1, 2017: 
“What standard of review governs appellate 
review of a decision by the court of common pleas 
confirming, modifying, vacating, or correcting an 
arbitration award?”

The conflict cases are Cleveland State Univ. v. 
Fraternal Order of Police, Ohio Labor Council, 
Inc., 8th Dist. Cuyahoga No. 99868, 2014-Ohio-
304, and In re Hamilton v. Intl. Union of Operating 
Engineers, Local 20, 12th Dist. Butler No. 
CA2016-03-054, 2016-Ohio-5565.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
court of appeals for Portage County.

O’Donnell, Kennedy, and French, JJ., dissent.

2017-0698. State v. Johnson.

Hamilton App. No. C-160242, 2017-Ohio-1148. 
On appellant’s motion for leave to file delayed 
appeal. Motion denied.

O’Neill, J., dissents.

Fischer, J., not participating.

2017-0724. State v. Johnson.

Stark App. No. 2016CA00069, 2016-Ohio-8261. 
On appellant’s motion for leave to file delayed 
appeal. Motion denied.

Fischer and DeWine, JJ., dissent.

2017-0742. State v. Anderson.

Cuyahoga App. No. 104460, 2017-Ohio-931. On 
appellant’s motion for leave to file delayed appeal. 
Motion granted. Appellant shall file a 
memorandum in support of jurisdiction within 30 
days.

O’Donnell, French, and DeWine, JJ., dissent.

2017-0763. State v. Haddox.

Erie App. No. E-15-017, 2016-Ohio-3368. On 
motion for leave to file delayed appeal. Motion 
denied.

DeWine, J., dissents.

2017-0764. State v. Lee.

Richland App. No. 15-CA-52, 2016-Ohio-1045. 
On motion for leave to file delayed appeal. Motion 
denied.

2017-0765. State v. McCort.

Muskingum App. No. CT2016-0019, 2017-Ohio-
590. On motion for leave to file delayed appeal. 
Motion denied.

2017-0766. State v. Patterson.

Cuyahoga App. No. 104266, 2017-Ohio-1444. On 
motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days.

O’Connor, C.J., dissents.

2017-0774. State v. Fetherolf.

Union App. Nos. 14-16-10 and 14-16-11, 2017-
Ohio-1316. On motion for leave to file delayed 
appeal. Motion granted. Appellant shall file a 
memorandum in support of jurisdiction within 30 
days.

O’Connor, C.J., and O’Donnell, J., dissent.

2017-0783. State v. Collopy.

Coshocton App. No. 2016CA0010, 2017-Ohio-
1397. On motion for leave to file delayed appeal. 
Motion granted. Appellant shall file a 
memorandum in support of jurisdiction within 30 
days.

O’Connor, C.J., and O’Donnell and French, JJ., 
dissent.

APPEALS ACCEPTED FOR REVIEW

2016-0696. State v. Apanovitch.

Cuyahoga App. Nos. 102618 and 102698, 2016-
Ohio-2831. Discretionary appeal accepted on 
proposition of law Nos. I, III, and IV.

O’Donnell, Kennedy and O’Neill, JJ., would also 
accept the appeal on proposition of law No. II.

O’Connor, C.J., and French and DeWine, JJ., 
concur in part and dissent in part and would 
accept the appeal on proposition of law No. IV 
only.

2016-1584. Kolosai v. Azem. Cuyahoga App. No. 
102920, 2016-Ohio-5831.

O’Connor, C.J., and O’Neill and Fischer, JJ., 
dissent.

2016-1848. State v. Paige.

Cuyahoga App. No. 104109, 2016-Ohio-7615.

O’Connor, C.J., dissents in part and would accept 
the appeal on proposition of law No. I only.

2017-0039. In re Adoption of M.G.B.-E.

Clinton App. No. CA2016-06-017, 2016-Ohio-
7912. Discretionary appeal accepted on 
proposition of law No. I.

O’Donnell, Kennedy, and O’Neill, JJ., would also 
accept the appeal on proposition of law No. II.

O’Connor, C.J., French and DeWine, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1802. BankUnited v. Klug.

Lorain App. No. 16CA010923, 2016-Ohio-5769.

2016-1804. In re G.S.

Summit App. No. 28050, 2016-Ohio-7471.

2016-1810. State v. Smith.

Cuyahoga App. No. 104632, 2016-Ohio-7898.

Kennedy and DeWine, JJ., dissent.

French, J., dissents and would vacate and 
remand the cause to the court of appeals for 
application of State v. Grimes, ___ Ohio St.3d 
___, 2017-Ohio-2927, ___ N.E.2d ___.

2016-1817. State v. Smith.

Delaware App. No. 15CAA0077, 2016-Ohio-7566.

2016-1825. GMS Mgt. Co., Inc. v. Ohio Civ. Rights 
Comm.

Cuyahoga App. No. 103941, 2016-Ohio-7486.

O’Donnell, J., dissents.

2016-1826. State v. Tate.

Cuyahoga App. No. 103446, 2016-Ohio-5622.

2016-1842. In re S.J.

Shelby App. Nos. 17-16-16 and 17-16-17, 2016-
Ohio-7540.

O’Neill, J., dissents.

2016-1843. State v. Glenn.

Hamilton App. No. C-150515.

O’Neill, J., dissents.

Fischer, J., not participating.

2016-1851. State v. Sutton.

Cuyahoga App. No. 103931, 2016-Ohio-7612.

2016-1852. Hirsi v. Davis Creek Auto Sales.

Franklin App. No. 15AP-415, 2016-Ohio-7569.

2016-1859. Bank of New York Mellon v. Broyles.

Mahoning App. No. 16 MA 0093.

2016-1860. State v. Miller.

Cuyahoga App. No. 103591, 2016-Ohio-7606.

2016-1864. State v. Gannon.

Cuyahoga App. Nos. 103909, 103910, and 
103911, 2016-Ohio-7610.

2016-1865. State v. Vinson.

Cuyahoga App. No. 103329, 2016-Ohio-7604.

2016-1866. Fox Consulting Group, Inc. v. Spartan 
Warehouse & Distrib., Inc.

Hamilton App. No. C-160251, 2016-Ohio-7621.

Fischer and DeWine, JJ., not participating.

2016-1867. State v. Gornall.

Ashland App. No. 16-COA-002, 2016-Ohio-7599.

2016-1876. Premier Therapy, L.L.C. v. Childs.

Columbiana App. Nos. 2014 CO 0048 and 2015 
CO 0028, 2016-Ohio-7934. Appeal and cross-
appeal not accepted.

Fischer, J., dissents and would accept the appeal 
on proposition of law No. II.

2016-1877. State v. Jackson.

Lorain App. No. 15CA010828, 2016-Ohio-7637.

2016-1878. State v. Gambs.

Stark App. No. 2015CA00087, 2016-Ohio-7860.

2016-1879. Alhamarshah v. Salem.

Franklin App. No. 15AP-1087, 2016-Ohio-7668.

2016-1880. Mattress Matters, Inc. v. Trunzo.

Cuyahoga App. No. 104249, 2016-Ohio-7723.

2016-1883. Chase Home Fin., L.L.C. v. Gau.

Ashtabula App. No. 2015-A-0048, 2016-Ohio-
7646.

2016-1884. Jones v. Williams.

Hamilton App. No. C-160534.

Fischer and DeWine, JJ., not participating.

2016-1889. In re S.B.

Richland App. No. 16CA27, 2016-Ohio-7732.

O’Donnell, J., dissents.

2016-1896. State v. Vanausdal.

Shelby App. No. 17-16-06, 2016-Ohio-7735.

2016-1900. State v. Gillispie.

Montgomery App. No. 26965, 2016-Ohio-7688.

2016-1901. State v. Howell.

Delaware App. No. 15 CAA 12 0098, 2016-Ohio-
7749.

2016-1902. State v. Ramos.

Cuyahoga App. No. 103596, 2016-Ohio-7685.

O’Neill, J., dissents.

DeWine, J., dissents and would accept the cause 
on proposition of law No. II.

2016-1909. State v. New.

Lorain App. No. 15CA010754, 2016-Ohio-7730.

O’Neill, J., dissents.

2017-0015. In re J.S.

Butler App. Nos. CA2016-07-0141 and CA2016-
07-0142.

2017-0016. State v. Stanford.

Hamilton App. No. C-160198.

Fischer and DeWine, JJ., not participating.

2017-0027. State v. Hall.

Hamilton App. Nos. C-160204, C-160205, C-
160211, and C-160212.

Fischer, J., not participating.

2017-0054. State v. Taylor.

Summit App. No. 28091, 2016-Ohio-7953.

2017-0396. State v. McCreery.

Lawrence App. No. 16CA17, 2017-Ohio-988.

2017-0405. State v. Cook.

Hamilton App. No. C-150467.

2017-0416. State v. Short.

Richland App. No. 2016CA0058.

2017-0418. State v. Cassell.

Highland App. No. 16CA0015.

2017-0426. State ex rel. Reeves v. Sloan.

Ashtabula App. No. 2016-A-0038, 2017-Ohio-619.

2017-0429. State v. Vaughan.

Delaware App. No. 16 CAA 0026, 2017-Ohio-583.

2017-0440. State v. Asadi-Ousley.

Cuyahoga App. No. 104714 and 105103, 2017-
Ohio-937.

2017-0451. State v. Berry.

Gallia App. No. 16CA13.

2017-0465. State v. Black.

Cuyahoga App. No. 104830, 2017-Ohio-977.

2017-0476. State v. Banks.

Seneca App. No. 13-16-24.

2017-0478. State v. Massey.

Lake App. No. 2016-L-030, 2017-Ohio-706.

2017-0479. JPMorgan Chase Bank, N.A. v. 
Liggins.

Franklin App. No. 15AP-242, 2016-Ohio-3528.

French, J., not participating.

2017-0480. Shaker Hts. v. El-Bey.

Cuyahoga App. No. 104236, 2017-Ohio-929.

2017-0482. State v. Clark.

Mahoning App. No. 16 MA 0121, 2017-Ohio-899.

2017-0495. State v. Moncrief.

Franklin App. No. 16AP-437, 2017-Ohio-722.

French, J., not participating.

2017-0496. State v. Johnson.

Delaware App. No. 16 CAA 10 0046, 2017-Ohio-
111.

2017-0497. State v. Johnson.

Delaware App. No. 16CAA080037, 2016-Ohio-
8614.

2017-0499. State v. Johnson.

Delaware App. No. 16 CAA 100045, 2017-Ohio-
111.

2017-0504. State v. Robinson.

Cuyahoga App. No. 105487

2017-0507. Barton v. Barton.

Greene App. No. 2016-CA-12, 2017-Ohio-980.

2017-0508. State v. Accorinti.

Butler App. No. CA2017-01-001.

Fischer, J., dissents and would accept the cause 
on proposition of law No. I.

2017-0509. State v. Small.

Lucas App. No. L-16-1198.

2017-0511. State v. Williams.

Mahoning App. No. 16 MA 0041, 2017-Ohio-856.

2017-0518. Hollis v. Hughley.

Stark App. No. 2016CA000225. Appellee’s motion 
to dismiss and appellant’s motion to strike denied 
as moot.

2017-0519. State v. Spring.

Jefferson App. No. 15 JE 0019, 2017-Ohio-768.

2017-0530. State v. Walls.

Hamilton App. No. C-160499.

Fischer, J., not participating.

2017-0531. State v. White.

Franklin App. No. 15AP-815, 2017-Ohio-810.

2017-0535. State v. Watkins.

Franklin App. No. 16AP-581, 2017-Ohio-1141.

2017-0547. State v. Leavell.

Erie App. No. E-16-017, 2017-Ohio-991.

2017-0565. State v. Johnson.

Lake App. No. 2016-L-064, 2017-Ohio-884.

2017-0566. State v. Spencer.

Franklin App. No. 16AP-444, 2017-Ohio-1140.

2017-0570. State v. Johnson. Hamilton App. No. 
C-150654.

Fischer, J., not participating.

2017-0575. State v. Primeau.

Cuyahoga App. No. 104657, 2017-Ohio-1162.

2017-0602. Sheppard v. Bd. of Regents.

Franklin App. No. 16AP-454.

2017-0622. State v. Hodges.

Medina App. No. 15CA0056-M.

2017-0639. State v. Moore.

Licking App. No. 16-CA-26.

2017-0650. State v. Landers.

Greene App. No. 2015-CA-74, 2017-Ohio-1194.

2017-0657. State v. Murray.

Highland App. No. 16CA24, 2017-Ohio-1293.

2017-0699. State v. Cody.

Cuyahoga App. No. 100797, 2017-Ohio-1543.

2017-0714. State v. Guyton.

Ashtabula App. No. 2016-A-0023.

2017-0795. State v. Suber.

Licking App. No. 2016-CA-00014.

RECONSIDERATION OF PRIOR DECISIONS

2014-0989. State v. Roberts.

Trumbull App. No. 2001CR00793. Reported at __ 
Ohio St.3d __, 2017-Ohio-2998, __ N.E.3d __. On 
appellant’s motion for reconsideration. Motion 
denied.

2015-1993. Clendenin v. Girl Scouts of W. Ohio.

Hamilton App. No. C-140658, 2015-Ohio-4506. 
Reported at __ Ohio St.3d __, 2017-Ohio-2830, 
__ N.E.3d __. On appellee’s motion for 
reconsideration. Motion denied.

Sean C. Gallagher, J., of the Eighth District Court 
of Appeals, sitting for Fischer, J.

Patricia A. Delaney, J., of the Fifth District Court of 
Appeals, sitting for DeWine, J.

2016-1243. In re Application of Coll.

On Report by the Board of Commissioners on 
Character and Fitness, No. 643. Reported at __ 
Ohio St.3d __, 2017-Ohio-4023, __ N.E.3d __. On 
applicant’s motion for reconsideration. Motion 
denied.

2016-1474. State v. McNeill.

Lorain App. No. 15CA010774, 2016-Ohio-5463. 
Reported at 149 Ohio St.3d 1406, 2017-Ohio-
2822, 74 N.E.3d 464. On appellant’s motion for 
reconsideration. Motion denied.

2016-1612. Stepp v. Medina City School Dist. Bd. 
of Edn.

Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Reported at 149 Ohio St.3d 
1419, 2017-Ohio-4038, 75 N.E.3d 236. On 
appellees’ motions for reconsideration. Motions 
denied.

O’Donnell, Kennedy, and French, JJ., dissent.

2016-1784. State v. Garner.

Lake App. No. 2016-L-041, 2016-Ohio-5785. 
Reported at 149 Ohio St.3d 1407, 2017-Ohio-
2822, 74 N.E.3d 465. On appellant’s motion for 
reconsideration. Motion denied.

2016-1806. Stepp v. Medina City School Dist. Bd. 
of Edn.

Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Reported at 149 Ohio St.3d 
1420, 2017-Ohio-4038, 75 N.E.3d 237. On 
appellants’ motion for reconsideration. Motion 
denied.

O’Donnell, Kennedy, and French, JJ., dissent.

2016-1819. State ex rel. Thomas v. Sheldon.

Allen App. No. 1-16-26, 2016-Ohio-7642. 
Reported at 149 Ohio St.3d 1408, 2017-Ohio-
2822, 74 N.E.3d 465. On appellant’s motion for 
reconsideration. Motion denied.

Fischer, J., not participating.

2017-0005. Angus v. Angus.

Franklin App. Nos. 15AP-655 and 15AP-693, 
2016-Ohio-7789. Reported at 149 Ohio St.3d 
1408, 2017-Ohio-2822, 74 N.E.3d 465. On 
appellant’s motion for reconsideration. Motion 
denied.

2017-0111. State v. Walker.

Richland App. No. 09CA88, 2016-Ohio-8615. 
Reported at 149 Ohio St.3d 1420, 2017-Ohio-
4038, 74 N.E.3d 237. On appellant’s motion for 
reconsideration. Motion denied.

2017-0146. State v. Runyon.

Butler App. No. CA2016-06-120, 2016-Ohio-8230. 
Reported at 149 Ohio St.3d 1409, 2017-Ohio-
2822, 74 N.E.3d 466. On appellant’s motion for 
reconsideration. Motion denied.





Supreme Court Case Announcement for July 25, 
2017

CASE ANNOUNCEMENTS

July 25, 2017

[Cite as 07/25/2017 Case Announcements, 2017-
Ohio-6955.]

MERIT DECISIONS WITH OPINIONS

1995-0042. State ex rel. Ohio v. Wogenstahl , Slip 
Opinion No. 2017-Ohio-6873.

Hamilton App. No. C-930222. Judgment affirmed.

O’Donnell, Kennedy, French, Carr, and Gallagher, 
JJ., concur.

French, J., concurs, with an opinion.

O’Connor, C.J., dissents, with an opinion joined 
by O’Neill, J.

Donna J. Carr, J., of the Ninth District Court of 
Appeals, sitting for Fischer, J.

Eileen T. Gallagher, J., of the Eighth District Court 
of Appeals, sitting for DeWine, J.

2016-1303. Wills v. Turner , Slip Opinion No. 
2017-Ohio-6874.

Marion App. No. 9-16-18. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
and DeWine, JJ., concur.

O’Neill, J., concurs in judgment only.

Fischer, J., not participating.

MEDIATION MATTERS

The following cases have been referred to 
mediation under S.Ct.Prac.R. 19.01.

2017-0049. State ex rel. Young v. Butler Cty. 
Personnel Office.

Franklin App. No. 15AP-1035, 2016-Ohio-8341.

2017-0908. State ex rel. The Cincinnati Enquirer 
v. Ghiz.

In Mandamus and Prohibition.

2017-0921. Groveport Madison Local Schools Bd. 
of Edn. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-542.

2017-0922. State ex rel. Tantarelli v. Decapua 
Ents., Inc.

Franklin App. No. 16AP-700, 2017-Ohio-5603.

2017-0933. State ex rel. Ruth v. Jamison.

In Procedendo.

2017-0943. De Long v. Roberson.

In Mandamus.

2017-0945. ARCP RL Portfolio VII, L.L.C. v. 
Tuscawaras Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-922.

The following case has been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellant shall file a brief within 40 days, and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss the case or take other action if the parties 
fail to timely file merit briefs.

2017-0790. State ex rel. Jackson Tube Service, 
Inc. v. Indus. Comm.

Franklin Cty. App. 16AP-351, 2017-Ohio-1573.





Supreme Court Case Announcement for July 24, 
2017


CASE ANNOUNCEMENTS

July 24, 2017

[Cite as 07/24/2017 Case Announcements, 2017-
Ohio-6912.]

MOTION AND PROCEDURAL RULINGS

2017-0469. Chagrin Realty, Inc. v. Testa.

Board of Tax Appeals, No. 2011-2523. 
Appellant/cross-appellee ordered to show cause, 
within 14 days, why the appeal should not be 
dismissed for lack of jurisdiction. Appellant/cross-
appellee shall address whether the Board of Tax 
Appeals lacked jurisdiction to reissue its decision 
because the 30-day appeal period had expired 
and whether the 30-day period for appealing from 
the April 29, 2014 Board of Tax Appeals’ decision 
expired as of May 29, 2014.

Appellee/cross-appellant may file a response to 
the memorandum of appellant/cross-appellee 
within 14 days of the filing of appellant/cross-
appellee’s memorandum.

2017-0635. ClarkWestern Dietrich Bldg. Sys., 
L.L.C. v. Certified Steel Stud Assn., Inc. Butler 
App. No. CA2016-05-098, 2017-Ohio-1091. On 
motions for admission pro hac vice of Jeffrey M. 
Pollock and Robert J. Rohrberger. Motions 
granted. Pursuant to Gov.Bar R. XII(4), counsel 
shall file a notice of permission with the Supreme 
Court’s Office of Attorney Services within 30 days.

MISCELLANEOUS DISMISSALS

2017-0806. State ex rel. McClure v. Noble.

In Mandamus. On relator’s application for 
dismissal. Application granted. Cause dismissed.





Supreme Court Case Announcement for July 20, 
2017


CASE ANNOUNCEMENTS

July 20, 2017

[Cite as 07/20/2017 Case Announcements, 2017-
Ohio-6875.]

MERIT DECISIONS WITH OPINIONS

2014-0136 and 2014-1403. Lorain Cty. Bar Assn. 
v. Johnson , Slip Opinion No. 2017-Ohio-6869.

On Certified Report by the Board of Professional 
Conduct, No. 2013-062. Robert Lawrence 
Johnson, Attorney Registration No. 0042439, last 
known address in McDonald, Ohio, indefinitely 
suspended from the practice of law with no credit 
for time served under interim default suspension.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1838. Disciplinary Counsel v. Little , Slip 
Opinion No. 2017-Ohio-6871.

On Certified Report by the Board of Professional 
Conduct, No. 2016-011. Shawn Andrea Little, 
Attorney Registration No. 0055899, last known 
address in Columbus, Ohio, permanently 
disbarred from the practice of law.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0225. Disciplinary Counsel v. Pickrel , Slip 
Opinion No. 2017-Ohio-6872.

On Certified Report by the Board of Professional 
Conduct, No. 2016-024. Patricia Ann Pickrel, 
Attorney Registration No. 0071153, last known 
address in Centerville, Ohio, suspended from the 
practice of law for two years with one year stayed 
on conditions.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.





Supreme Court Case Announcement for 
July 19, 2017


CASE ANNOUNCEMENTS

July 19, 2017

[Cite as 07/19/2017 Case 
Announcements, 2017-Ohio-5871.]

MERIT DECISIONS WITH OPINIONS

2016-0172 and 2016-0282. Cleveland 
v. Oles , Slip Opinion No. 2017-
Ohio-5834.

Cuyahoga App. No. 102835, 2016-
Ohio-23. Certified question 
answered, judgment reversed, and 
cause remanded.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, Fischer, and 
DeWine, JJ., concur.

O’Neill, J., dissents, with an 
opinion.

2016-0632. State ex rel. R&L 
Carriers Shared Servs., L.L.C. v. 
Indus. Comm. , Slip Opinion No. 
2017-Ohio-5833.

Franklin App. No. 14AP-1018, 2016-
Ohio-1082. Judgment affirmed.

O’Connor, C.J., and French, 
O’Neill, Fischer, and DeWine, JJ., 
concur.

O’Donnell, J., dissents, with an 
opinion joined by Kennedy, J.





Supreme Court Case Announcement for July 14, 
2017

CASE ANNOUNCEMENTS

July 14, 2017

[Cite as 07/14/2017 Case Announcements, 2017-
Ohio-5822.]

DISCIPLINARY CASES

2017-0663. Dayton Bar Assn. v. Wilcoxson.

On Certified Report by the Board of Professional 
Conduct, No. 2017-014. On respondent’s motion 
for leave to file answer to complaint. Motion 
granted. This matter is remanded to the board for 
further proceedings under Gov.Bar R. V(12). On 
motion to vacate interim default suspension. 
Motion granted. Respondent’s suspension shall 
terminate upon the filing of respondent’s answer 
with the board. Respondent shall not be 
reinstated to the practice of law until (1) 
respondent files with this court proof of the filing of 
the answer with the board, an affidavit of 
compliance as ordered by this court in its June 15, 
2017 order, and proof of respondent’s compliance 
with Gov.Bar R. X(13), and (2) this court orders 
respondent reinstated to the practice of law.

O’Donnell and Fischer, JJ., dissent in part and 
would deny the motion to vacate interim default 
suspension.





Supreme Court Case Announcement for July 13, 
2017


CASE ANNOUNCEMENTS

July 13, 2017

[Cite as 07/13/2017 Case Announcements, 2017-
Ohio-5806.]

MOTION AND PROCEDURAL RULINGS

2015-0791. Notestine Manor, Inc. v. Logan Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2014-2543. On 
appellee’s motion to reschedule oral argument. 
Motion denied.

2015-1432. Mann v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2014-3407. On 
appellee’s motion to continue oral argument. 
Motion denied.

MISCELLANEOUS DISMISSALS

2016-0447. State ex rel. Ortiz v. Cleveland.

In Mandamus. On relator’s motion to dismiss. 
Motion granted. Cause dismissed.

2017-0458. State ex rel. Weide v. Ohio State Univ.

In Mandamus. On relator’s motion to dismiss. 
Motion granted. Cause dismissed.

DISCIPLINARY CASES

2017-0280. Disciplinary Counsel v. Jackson.

On respondent’s motion to purge contempt. 
Motion granted.





Ohio Supreme Court Civil Justice Fund to Help 
Ohioans in Need


By Bret Crow | July 12, 2017

Image of the scales of justice sitting on a wooden 
table

The Ohio Supreme Court’s new Civil Justice 
Program Fund will improve access to justice for 
low-income, underserved, and disadvantaged 
Ohioans.

Improving access to justice for low-income, 
underserved, and disadvantaged Ohioans is the 
goal of a new Ohio Supreme Court competitive 
award process.

The fund was created through Supreme Court 
rule changes that increased pro hac vice 
registration fees, which out-of-state attorneys pay 
if they want to appear in an Ohio court 
proceeding, from $150 to $300 and a $50 
voluntary “add on” fee to the biennial attorney 
registration for Ohio attorneys. The rule changes 
were recommended by a 2015 Court task force 
charged with identifying obstacles to accessing 
the civil justice system in Ohio.

Award amounts top out at $100,000 for a “strong 
statewide impact” submitted by nonprofit 
organizations or public entities or agencies whose 
purpose is to provide access to civil legal 
services. Other grant amounts operate on a 
sliding scale depending on the impact proposed: 
$75,000 for regional impact applicants (five or 
more counties), $50,000 for applicants with an 
impact on two or more counties, and $25,000 for 
applicants with countywide or citywide impact. 
Applications must be submitted by Aug. 4 with 
awards expected to be announced in October. 
The program will be evaluated annually to 
determine award amount ceilings and funding 
priorities.

According to the Ohio Legal Assistance 
Foundation, revenue from interest on lawyers’ 
trust accounts, a primary funder of civil legal aid, 
has decreased 88 percent since 2007 because of 
lower interest rates. Even though overall funding 
has inched up, limited resources mean that Ohio 
legal aids must turn away about three people for 
every one person served.





Supreme Court Second Case Announcement for 
July 12, 2017

CASE ANNOUNCEMENTS

July 12, 2017

[Cite as 07/12/2017 Case Announcements #2, 
2017-Ohio-5799.]

MOTION AND PROCEDURAL RULINGS

2017-0753. State ex rel. Langhenry v. Britt.

In Mandamus. Sua sponte, alternative writ 
granted. The following briefing schedule is set for 
presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05. Relators shall file 
their evidence and merit brief within three days of 
the date of this entry; respondent shall file her 
evidence and merit brief within three days of the 
filing of the relators’ brief; and relators’ may file a 
reply brief within one day after the filing of 
respondent’s merit brief.

On motion to intervene as relators of Dianne S. 
Bufford, Jennifer A. Blakeney, Verdia Y. Conner, 
Khalilah A. Worley, and Linda C. Robinson. 
Motion granted. Intervening relators shall file their 
brief and reply brief within the timeframe specified 
in the order for the relators to file their brief and 
reply brief.

On intervening relators’ motion to dismiss for lack 
of jurisdiction. Motion denied.

On respondent’s motion to dismiss. Motion 
denied.

On relator’s motion for issuance of alternative writ 
of mandamus. Motion denied as moot.

No requests or stipulations for extension of time 
shall be permitted in this case, and the clerk of 
court shall refuse to file any requests or 
stipulations for extension of time.

O’Donnell, J., dissents and would grant 
respondent’s motion to dismiss and deny all other 
motions as moot.

2017-0801. State ex rel. Garrett v. Costine.

In Mandamus and Prohibition. On relator’s motion 
for stay and motion for leave to amend complaint 
and respondent’s motion to dismiss. Motion for 
stay denied,

motion for leave to amend complaint denied as 
moot, and motion to dismiss granted in part as to 
the complaint for a writ of mandamus.

An alternative writ of prohibition is granted, and 
the following briefing schedule is set for 
presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05. The parties shall 
file any evidence they intend to present within 20 
days of the date of the entry; relator shall file a 
brief within ten days of the filing of the evidence; 
respondent shall file a brief within 20 days after 
the filing of relator’s brief; and relator may file a 
reply brief within seven days after the filing of 
respondent’s brief.

2017-0880. State ex rel. Electronic Classroom of 
Tomorrow v. State Bd. of Edn.

In Mandamus and Prohibition. On relator’s 
emergency motion for an immediate preliminary 
injunction. Motion denied.

O’Donnell, J., dissents.

W. Scott Gwin, J., of the Fifth District Court of 
Appeals, sitting for French, J.

2017-0913. Electronic Classroom of Tomorrow v. 
Dept. of Edn.

Franklin App. No. 16AP-863, 2017-Ohio-5607. On 
appellants’ emergency motions for injunction 
pending appeal. Motions denied.

O’Donnell, J., dissents.

W. Scott Gwin, J., of the Fifth District Court of 
Appeals, sitting for French, J.





Supreme Court Case Announcement for July 12, 
2017


CASE ANNOUNCEMENTS

July 12, 2017

[Cite as 07/12/2017 Case Announcements, 2017-
Ohio-5793.]

DISCIPLINARY CASES

2017-0803. Mahoning Cty. Bar Assn. v. DiMartino.

On certification of default. Dennis Armand 
DiMartino, Attorney Registration No. 0039270, is 
hereby suspended from the practice of law for an 
interim period.





Ten Cases Certified to Disciplinary Board

Staff Report | July 11, 2017

The Ohio Board of Professional Conduct today 
announced the certification of 10 cases from June 
and July for formal disciplinary proceedings.

The certified complaint has been sent to the 
respondent, and the respondent has been 
directed to file an answer to the allegations 
contained in the complaint. Once an answer is 
received, the case will be assigned to a three-
member hearing panel of the Board, and the 
hearing panel will conduct further proceedings. If 
the respondent does not answer the allegations, 
the respondent’s failure to answer will be certified 
to the Ohio Supreme Court, and the Supreme 
Court may suspend the respondent’s license to 
practice law.

Typically, a public hearing is scheduled within four 
to six months after the case is assigned to a 
hearing panel. Please consult the hearing 
schedule on the Board’s web site for a monthly list 
of Board hearings.

If the Board finds that a lawyer or judge has 
engaged in professional misconduct, the Board 
will file a report with the Court that includes a 
recommended sanction. The Court is responsible 
for reviewing the Board report and case record 
and imposing discipline.

To access the complaints in this case, click on the 
case number below.

Cleveland Metropolitan Bar Association v. Wendy 
Sue Rosett
Case No. 2017-024
Respondent’s counsel: Philip A. King

Disciplinary Counsel v. Robert Morris Owens
Case No. 2017-025
Respondent’s counsel: William C. Mann

Erie-Huron County Bar Association v. Robert 
Zelvy
Case No. 2017-026
Respondent’s counsel: James W. Hart and 
Charles J. Kettlewell

Disciplinary Counsel v. Howard Evan Skolnick
Case No. 2017-027
Respondent’s counsel: Jonathan E. Coughlan

Mahoning County Bar Association v. Charles Gary 
Mickens
Case No. 2017-028
Respondent’s counsel: None

Cleveland Metropolitan Bar Association v. R. Paul 
Cushion II
Case No. 2017-029
Respondent’s counsel: None

Disciplinary Counsel v. Thomas Christopher 
Brown
Case No. 2017-030
Respondent’s counsel: None

Disciplinary Counsel v. Richard Ahlman Oviatt
Case No. 2017-031
Respondent’s counsel: None

Disciplinary Counsel v. Raymond Leland 
Eichenberger III
Case No. 2017-032
Respondent’s counsel: None

Akron Bar Association v. Jonell Rae Glitzenstein
Case No. 2017-033
Respondent’s counsel: None





Supreme Court Case Announcement for July 10, 
2017

CASE ANNOUNCEMENTS

July 10, 2017

[Cite as 07/10/2017 Case Announcements, 2017-
Ohio-5765.]

MOTION AND PROCEDURAL RULINGS

2017-0647. Deutsche Bank Natl. Trust Co. v. 
Eversole.

Erie App. No. E-16-011, 2017-Ohio-1217. On 
appellant’s motion to refer case to mediation. 
Motion denied.

MISCELLANEOUS DISMISSALS

2016-1158. State ex rel. Andrasi v. Indus. Comm.

Franklin App. No. 15AP-531, 2016-Ohio-4971. On 
application for dismissal. Application granted. 
Cause dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation under S.Ct.Prac.R. 19.01.

2017-0350. State ex rel. Griffin v. Greene.

In Mandamus.

2017-0814. Huber Heights City Schools Bd. of 
Edn. v. Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2359 and 2015-
2360.

2017-0874. State ex rel. Kaplan v. Bozza.

In Mandamus.

2017-0883. State ex rel. Reichley v. Indus. Comm.

Franklin App. No. 16AP-263, 2017-Ohio-2939.

The following cases have been returned to the 
regular docket under S.Ct.Prac.R. 19.01.

2016-0615. State ex rel. Kesterson v. Kent State 
University.

In Mandamus.

2016-1123. State ex rel. Kesterson v. Kent State 
University.

In Mandamus. Respondent shall file a response to 
the complaint within 21 days.

The following cases have been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellants in each case shall file a brief within 40 
days, and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.07. As provided in S.Ct.Prac.R. 16.07, the 
court may dismiss these cases or take other 
action if the parties fail to timely file merit briefs.

2017-0236. Pi in the Sky, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-2005.

2017-0430. State ex rel. Witt v. Indus. Comm.

Franklin App. No. 15AP-804, 2017-Ohio-554.





OHIO CASE ANNOUNCEMENTS

July 7, 2017

[Cite as 07/07/2017 Case Announcements, 2017-
Ohio-5737.]

MOTION AND PROCEDURAL RULINGS

2017-0412. In re Application of Black Fork Wind 
Energy, L.L.C.

Power Siting Board, No. 10-8265-EL-BGN. Sua 
sponte, briefing schedule reinstated. Appellants 
shall file a merit brief within 40 days of the date of 
the entry and the parties shall otherwise proceed 
in accordance with S.Ct.Prac.R. 16.02 through 
16.07.

DISCIPLINARY CASES

2017-0770. Columbus Bar Assn. v. Striff.

On certification of default. Christopher Williams 
Striff Jr., Attorney Registration No. 0085421, last 
known business address in Columbus, Ohio, is 
hereby suspended from the practice of law for an 
interim period.

MISCELLANEOUS DISMISSALS

2017-0678. State v. D.F. Montgomery App. No. 
27032, 2017-Ohio-2882. On appellant’s 
application for dismissal. Application granted. 
Cause dismissed.





OHIO CASE ANNOUNCEMENTS

July 7, 2017

[Cite as 07/07/2017 Case Announcements #2, 
2017-Ohio-5763.]

MOTION AND PROCEDURAL RULINGS

2017-0913. Electronic Classroom of Tomorrow v. 
Dept. of Edn.

Franklin App. No. 16AP-863, 2017-Ohio-5607. 
Appellee shall file a response, if any, to 
appellants’ emergency motions for injunction no 
later than 8:30 a.m. on Monday, July 10, 2017.





OHIO CASE ANNOUNCEMENTS

July 6, 2017

[Cite as 07/06/2017 Case Announcements, 2017-
Ohio-5723.]

MERIT DECISIONS WITH OPINIONS

2016-1056. State ex rel. Sands v. Bunting , Slip 
Opinion No. 2017-Ohio-5697.

Marion App. No. 9-16-16. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1147. Ashtabula Cty. Bar Assn. v. Brown , 
Slip Opinion No. 2017-Ohio-5698.

On Certified Report by the Board of Professional 
Conduct, No. 2015-063. Thomas Christopher 
Brown, Attorney Registration No. 0024054, 
suspended from the practice of law for two years, 
all stayed on conditions.

Kennedy, French, McCormack, and DeWine, JJ., 
concur.

O’Donnell, J., dissents, with an opinion joined by 
O’Connor, C.J., and Fischer, J.

John Timothy McCormack, J., of the Eighth 
District Court of Appeals, sitting for O’Neill, J.

2017-0223. Cleveland Metro. Bar Assn. v. 
Callahan , Slip Opinion No. 2017-Ohio-5700.

On Certified Report by the Board of Professional 
Conduct, No. 2016-046. Michael William 
Callahan, Attorney Registration No. 0051964, 
publicly reprimanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-021. In re Disqualification of Collier-
Williams, Slip Opinion No. 2017-Ohio-5718 
(decided May 2, 2017).

17-AP-032. In re Disqualification of Tyack, Slip 
Opinion No. 2017-Ohio-5719 (decided May 8, 
2017).

MOTION AND PROCEDURAL RULINGS

2017-0417. State ex rel. Lopez v. Summit Cty. 
Clerk of Courts.

In Mandamus. Relator has not filed a merit brief, 
due June 29, 2017, in compliance with the Rules 
of Practice of the Supreme Court of Ohio and 
therefore has failed to prosecute this cause with 
the requisite diligence. Cause dismissed.

2017-0749. In re Application of Ohio Power Co.

Public Utilities Commission, Nos. 13-2385-EL-
SSO and 13-2386-EL-AAM. On motion of Ohio 
Power Company for leave to intervene as 
appellee. Motion granted.

2017-0752. In re Application of Ohio Power Co.

Public Utilities Commission, Nos. Nos. 14-1693-
EL-RDR and 14-1694-EL-AAM. On motion of 
Ohio Power Company for leave to intervene as 
appellee. Motion granted.

DISCIPLINARY CASES

2017-0881. In re Scudder.

On certified entry of felony conviction. Steven C. 
Scudder, Attorney Registration No. 0044134, 
suspended from the practice of law for an interim 
period.

MEDIATION MATTERS

2017-0494. State ex rel. Walker v. Yount.

In Mandamus. This case is returned to the regular 
docket under S.Ct.Prac.R. 19.01. Respondents 
shall file a response to the complaint within 21 
days.





OHIO CASE ANNOUNCEMENTS

July 5, 2017

[Cite as 07/05/2017 Case Announcements #2, 
2017-Ohio-5721.]

MOTION AND PROCEDURAL RULINGS

2017-0753. State ex rel. Langhenry v. Britt.

In Mandamus. It is ordered by the court, sua 
sponte, that relator and respondent shall file 
responses, if any, to intervening relators’ 
amended motion for leave to intervene and 
amended motion to dismiss for lack of jurisdiction 
no later than 12:00 p.m. on Friday, July 7, 2017. 
Relator and intervening relators shall file 
responses, if any, to respondent’s motion to 
dismiss no later than 12:00 p.m. on Friday, July 7, 
2017.





Biennial Attorney Registration Reminder Issued

Staff Report | July 5, 2017

Ohio attorneys will receive registration packets 
this month to complete their 2017-2019 biennial 
registration, according to the Supreme Court’s 
Office of Attorney Services.

Lawyers on active or corporate status must 
register with Attorney Services and pay a $350 
registration fee every odd-numbered year before 
Sept. 1. The registration packet contains 
instructions on how to register and a form to verify 
the accuracy of their contact information.

Attorneys can register electronically or by mail. 
Mailed registrations will be deemed timely if 
postmarked by Sept. 1. Online registrations must 
be completed by 11:59 p.m., Sept. 1 to be 
deemed timely.

Attorneys who fail to register and pay the fee by 
Sept. 1 or within the late registration period will be 
suspended.





Supreme Court Case Announcement for July 5, 
2017

CASE ANNOUNCEMENTS

July 5, 2017

[Cite as 07/05/2015 Case Announcements, 2017-
Ohio-5699.]

MERIT DECISIONS WITH OPINIONS

2016-0317. State v. Anderson , Slip Opinion No. 
2017-Ohio-5656.

Montgomery App. No. 26525, 2016-Ohio-135. 
Judgment affirmed.

O’Donnell, Kennedy, Fischer, and DeWine, JJ., 
concur.

French, J., concurs in judgment only.

O’Connor, C.J., concurs in part and dissents in 
part, with an opinion.

O’Neill, J., dissents, with an opinion.

2016-0923. State ex rel. Love v. O’Donnell , Slip 
Opinion No. 2017-Ohio-5659.

Lake App. No. 2015-L-143, 2016-Ohio-3007. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-1734. State v. Kiser. Sandusky App. No. S-
15-030, 2016-Ohio-7338. Discretionary appeal 
accepted, judgment reversed, and cause 
remanded for application of State v. Gonzales, 
___ Ohio St.3d ___, 2017-Ohio-777, ___ N.E.3d 
___.

Kennedy, J., dissents.

2016-1775. Cromer v. Children’s Hosp. Med. Ctr. 
of Akron. Summit App. No. 25632, 2012-Ohio-
5154. Discretionary appeal accepted, judgment 
vacated, cause remanded on the authority of 
Bryan-Wolman v. Domonko,

115 Ohio St.3d 291, 2007-Ohio-4918, 874 N.E.2d 
1198, and appellate court instructed to consider 
remaining issues on remand.

2017-0398. Franklin Cty. Child Support 
Enforcement Agency v. Greenhow. In Prohibition. 
On motion to dismiss. Motion granted. Cause 
dismissed. Relator’s motion for leave to file 
denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0503. State ex rel. Hillman v. Franklin Cty. 
Common Pleas Adm. Judge. In Procedendo. On 
S.Ct.Prac.R. 12.04 determination, cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0578. State ex. rel. Zimpfer v. Jackson Twp. 
Police Dept. In Mandamus. On answer of 
respondents. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents.

MOTION AND PROCEDURAL RULINGS

2017-0412. In re Application of Black Fork Wind 
Energy, L.L.C. Power Siting Board, No. 10-8265-
EL-BGN. On motion to dismiss of Ohio Power 
Siting Board. Motion denied. On motion to dismiss 
of Black Fork Wind Energy, L.L.C. Motion denied.

2017-0581. Hashash v. Food Mart Plus, Inc. 
Cuyahoga App. No. 104552, 2017-Ohio-1158. On 
motion to increase bond. Motion denied.

2017-0638. Struckman v. Teays Valley Local 
School Dist. Bd. of Edn. Pickaway App. No. 
16CA10, 2017-Ohio-1177. On motion to remand. 
Motion denied.

2017-0642. State v. Bennett. Scioto App. No. 
16CA3765, 2017-Ohio-574. On motion for leave 
to file delayed appeal. Motion granted. Appellant 
shall file a memorandum in support of jurisdiction 
within 30 days of the date of this entry.

O’Donnell, French, and DeWine, JJ., dissent.

2017-0755. State v. Ammiyhuwd. Butler App. No. 
CA2016-08-151. On emergency motion to stay. 
Motion denied.

O’Neill, J., dissents.

APPEALS ACCEPTED FOR REVIEW

2016-1891. State v. Martin. Summit App. No. 
27789, 2016-Ohio-7764.

O’Connor, C.J., and Kennedy and DeWine, JJ., 
dissent.

2017-0200. State v. Mason. Marion App. No. 9-
16-34, 2016-Ohio-8400.

O’Donnell and Kennedy, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0990. State v. Cunningham. Allen App. No. 
1-15-61, 2016-Ohio-3106.

O’Neill, J., dissents.

2016-1263. State v. Waddy. Franklin App. No. 
15AP-397, 2016-Ohio-4911.

O’Neill, J., dissents.

2016-1648. Fisher v. Doe. Hamilton App. No. C-
160226, 2016-Ohio-7383.

French and O’Neill, JJ., dissent.

Fischer, J., not participating.

2016-1722. State v. James. Hancock App. No. 5-
16-14, 2016-Ohio-7262.

Fischer, J., dissents.

2016-1726. State v. Quinones. Cuyahoga App. 
No. 104016, 2016-Ohio-7225.

2016-1727. State v. Salinas. Defiance App. No. 4-
15-21, 2016-Ohio-7171.

O’Connor, C.J., dissents.

2016-1728. State v. Brown. Cuyahoga App. No. 
103491, 2016-Ohio-7221.

2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C. 
Summit App. No. 27759, 2016-Ohio-4828.

2016-1740. State v. Coleman. Lucas App. No. L-
15-1056, 2016-Ohio-7335.

2016-1743. In re Application for Sealing of 
Records of A.J. Franklin App. No. 15AP-974, 
2016-Ohio-5495.

Kennedy, French, and DeWine, JJ., dissent.

2016-1750. State v. Anderson. Franklin App. No. 
15AP-924, 2016-Ohio-7269.

2016-1757. Lavelle v. Henderson. Summit App. 
No. 27921, 2016-Ohio-5313.

Fischer, J., dissents.

2016-1761. State v. Meeks. Stark App. No. 
2016CA00050, 2016-Ohio-7517.

2016-1772. State v. Bell. Clermont App. No. 
CA2015-10-077.

O’Neill, J., dissents.

2016-1777. State v. K.W. Warren App. No. 
CA2016-01-004, 2016-Ohio-7365.

2016-1778. Grimmer v. Shirilla. Cuyahoga App. 
No. 103921, 2016-Ohio-5423.

2016-1780. Polen v. Heaston. Tuscarawas App. 
No. 2016AP020011, 2016-Ohio-7508.

2016-1781. State v. Durham. Cuyahoga App. 
Nos. 103352 and 103382, 2016-Ohio-7394.

2016-1782. Williams v. Minute Men Select, Inc. 
Tuscarawas App. Nos. 2016 AP 03 0016 and 
2016 AP 04 0020. Appellant’s motion to 
consolidate denied as moot.

2016-1788. State v. Romine. Pickaway App. No. 
16CA1, 2016-Ohio-5308.

2016-1790. Countrywide Home Loans Servicing, 
L.P. v. Davis. Huron App. No. H-15-009, 2016-
Ohio-7421.

2016-1792. Jackson v. Friedlander. Stark App. 
No. 2016CA00053, 2016-Ohio-7503.

O’Neill and DeWine, JJ., dissent.

2016-1794. C.J.W.B. v. Bd. of Nursing. Franklin 
App. No. 16AP-35.

French, J., not participating.

2016-1803. State v. Simpson. Lake App. No. 
2016-L-014, 2016-Ohio-7746.

O’Donnell, J., dissents and would accept the 
cause on proposition of law No. II.

2016-1805. State v. Statzer. Butler App. No. 
CA2015-08-148, 2016-Ohio-7434.

2016-1811. State v. Campbell. Cuyahoga App. 
No. 103982, 2016-Ohio-7613.

2016-1812. Mather v. Mather. Hamilton App. Nos. 
C-160638, C-160639, C-160662, and C-160663.

Fischer, J., not participating.

2016-1813. State v. Brand. Hamilton App. No. C-
150590, 2016-Ohio-7456.

Fischer, J., not participating.

2016-1823. State v. James. Muskingum App. No. 
CT2015-0059, 2016-Ohio-7660.

2016-1855. Cutler Real Estate Co. v. Saran. 
Summit App. No. 28122, 2016-Ohio-7584.

O’Donnell and O’Neill, JJ., dissent.

2016-1856. State v. Suber. Licking App. No. 16 
CA 14, 2016-Ohio-7497.

2016-1888. State v. Graves. Lucas App. No. L-16-
1205.

2016-1895. State v. Pleatman. Hamilton App. No. 
C-160234. Appellant’s motion to consolidate 
denied.

Fischer and DeWine, JJ., not participating.

2017-0124. Isreal v. State Auto Ins. Co. Franklin 
App. No. 16AP-174.

2017-0211. State v. Yuschak. Medina App. No. 
15CA0055-M, 2016-Ohio-8507. Appellant’s 
motion to strike denied.

2017-0246. Williams v. Minute Men Select, Inc. 
Tuscarawas App. Nos. 2016 AP 03 0016 and 
2016 AP 04 0020. Appellees’ motion to dismiss 
and appellant’s motion to consolidate denied.

2017-0265. Moore Law Firm v. Singh. Butler App. 
No. CA2016-01-016, 2017-Ohio-54.

2017-0271. State v. Thompson. Cuyahoga App. 
No. 105126.

2017-0281. Hester v. Case W. Res. Univ. 
Cuyahoga App. No. 104415, 2017-Ohio-103.

2017-0283. State v. King. Muskingum App. No. 
CT2016-0058.

2017-0293. State v. Cremeans. Muskingum App. 
No. CT2016-0018, 2017-Ohio-202.

2017-0294. State v. Brooks. Stark App. No. 
2016CA00059, 2017-Ohio-597.

2017-0296. Anderson v. Cuyahoga Metro. Hous. 
Auth. Cuyahoga App. No. 103732, 2017-Ohio-86.

2017-0299. State v. Grogan. Stark App. No. 
2016CA00128, 2017-Ohio-205.

2017-0301. State v. Berecz. Washington App. No. 
16CA15, 2017-Ohio-266.

2017-0314. State v. Hull. Lake App. No. 2016-L-
035, 2017-Ohio-157.

2017-0319. State v. Pleatman. Hamilton App. No. 
C-160234, 2016-Ohio-7659. Appellant’s motion to 
consolidate denied.

Fischer and DeWine, JJ., not participating.

2017-0323. Pleatman v. Sibcy Cline, Inc. Hamilton 
App. Nos. C-160447 and C-160460, 2016-Ohio-
7683. Appellants’ motion to consolidate denied.

Fischer and DeWine, JJ., not participating.

2017-0324. State v. Gill. Hamilton App. Nos. C-
110473 and C-110483.

Fischer, J., not participating.

2017-0338. State v. Walter. Cuyahoga App. No. 
104443, 2017-Ohio-466.

2017-0339. Pietrangelo v. Avon Lake. Lorain App. 
No. 15CA010804 and 15CA010873, 2016-Ohio-
8201.

2017-0351. State v. Floyd. Cuyahoga App. No. 
104376, 2017-Ohio-386.

2017-0355. State v. Martin. Hamilton App. No. C-
160733.

2017-0360. State v. Matthews. Cuyahoga App. 
No. 101275, 2016-Ohio-5617.

2017-0363. State v. Umstead. Holmes App. No. 
16 CA 004, 2017-Ohio-698.

2017-0370. State v. Thornton. Muskingum App. 
No. CT2016-0041, 2017-Ohio-637.

2017-0372. Hillman v. O’Shaughnessy. Franklin 
App. No. 16AP-571, 2017-Ohio-489.

2017-0374. State v. Bates. Guernsey App. No. 
16CA13, 2017-Ohio-585.

2017-0388. State v. Dixon. Franklin App. No. 
16AP-583, 2017-Ohio-558.

2017-0390. State v. Arios. Cuyahoga App. No. 
104821, 2017-Ohio-656.

2017-0395. State v. Cooper. Cuyahoga App. No. 
104797, 2017-Ohio-541.

2017-0400. State v. Smith. Cuyahoga App. No. 
104403, 2017-Ohio-463.

2017-0421. State v. Cornett. Hamilton App. No. C-
170035.

2017-0422. State v. Daniels. Hamilton App. No. C-
160203, 2017-Ohio-548.

Fischer, J., not participating.

2017-0424. State v. Cleary. Stark App. No. 
2017CA00016.

2017-0449. State v. Herzberger. Lorain App. No. 
16CA010899, 2017-Ohio-491.

2017-0467. State v. Dumas. Mahoning App. No. 
15 MA 0101, 2017-Ohio-731.

2017-0477. State v. Romanko. Cuyahoga App. 
No. 104158, 2017-Ohio-739.

2017-0488. State v. Jackson. Mahoning App. No. 
15 MA 0126, 2017-Ohio-1296.

2017-0612. In re J.R. Cuyahoga App. No. 
105007, 2017-Ohio-1056.

O’Donnell, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS

2016-1904. U.S. Bank Natl. Assn. v. Lavelle. 
Cuyahoga App. No. 104234, 2016-Ohio-7783. 
Reported at 148 Ohio St.3d 1461, 2017-Ohio-
2632, 73 N.E.3d 523. On motion for 
reconsideration. Motion denied.

2017-0048. Pryor v. Koukoutas. In Habeas 
Corpus. Reported at 148 Ohio St.3d 1440, 2017-
Ohio-1427, 72 N.E.3d 654. On motion for 
reconsideration. Motion denied.





Supreme Court Case Announcement for July 3, 
2017


CASE ANNOUNCEMENTS

July 3, 2017

[Cite as 07/03/2017 Case Announcements, 2017-
Ohio-5661.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JULY 3, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the July 3, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2013-0915. State v. Cepec, 149 Ohio St.3d 438, 
2016-Ohio-8076.

2014-0200. Mahoning Cty. Bar Assn. v. Helbley, 
149 Ohio St.3d 1246, 2017-Ohio-174.

2014-1940. Linert v. Foutz, 149 Ohio St.3d 469, 
2016-Ohio-8445.

2015-0163. State ex rel. Cordell v. Pallet Cos., 
Inc., 149 Ohio St.3d 483, 2016-Ohio-8446.

2015-2000. Disciplinary Counsel v. Kramer, 149 
Ohio St.3d 425, 2016-Ohio-5734.

2016-1159. Disciplinary Counsel v. Barbera, 149 
Ohio St.3d 505, 2017-Ohio-882.

2016-1160. Disciplinary Counsel v. Moore, 149 
Ohio St.3d 509, 2017-Ohio-883.

2016-1701. State ex rel. Ebersole v. City Council 
of Powell, 149 Ohio St.3d 501, 2017-Ohio-509.

2016-1789. In re Resignation of Simonette, 149 
Ohio St.3d 1250, 2017-Ohio-173.

2016-1868. Trumbull Cty. Bar Assn. v. Bellew, 149 
Ohio St.3d 1258, 2017-Ohio-255.

2016-1871. In re Resignation of Boston, 149 Ohio 
St.3d 1247, 2017-Ohio-172.

2017-0010. Disciplinary Counsel v. Rutherford, 
149 Ohio St.3d 1261, 2017-Ohio-365.

2017-0020. Lorain Cty. Bar Assn. v. Wilsey, 149 
Ohio St.3d 1253, 2017-Ohio-171.

2017-0022. In re Bucio, 149 Ohio St.3d 1243, 
2017-Ohio-29.

2017-0038. In re Resignation of Goldthorpe, 149 
Ohio St.3d 1266, 2017-Ohio-525.

2017-0052. Disciplinary Counsel v. Niehaus, 149 
Ohio St.3d 1264, 2017-Ohio-472.

2017-0092. In re Pioch, 149 Ohio St.3d 1256, 
2017-Ohio-226.

16-AP-105. In re Disqualification of Zmuda, 149 
Ohio St.3d 1241, 2017-Ohio-317.

CLE-1996-44769. In re Continuing Legal Edn. 
Suspension of Cohen, 149 Ohio St.3d 1240, 
2017-Ohio-19.






50 Victims of Attorney Theft Awarded More Than 
$240,000

Staff Report | June 30, 2017

The Board of Commissioners of the Lawyers’ 
Fund for Client Protection awarded $243,385 to 
50 victims of attorney theft at its quarterly meeting 
June 28. Four former or suspended Ohio 
attorneys were found to have misappropriated 
client funds. Two deceased attorneys were also 
involved in claims.

Two former clients of Delaware County attorney 
Jennifer L. Coriell were reimbursed a total of 
$8,000 as a result of Coriell’s failure to provide the 
services requested. Coriell resigned from the 
practice of law in Ohio, with discipline pending, on 
Dec. 16.

The Board awarded reimbursement to former 
clients of two Franklin County attorneys.

    Thirty-five former wards of deceased attorney 
Paul S. Kormanik were reimbursed a total of 
$201,910 as a result of Kormanik’s 
misappropriation of funds while serving as 
guardian. Kormanik resigned from the practice of 
law in Ohio, with disciplinary action pending, on 
May 28, 2015. Earlier that year, Kormanik pleaded 
guilty to four counts of theft from an elderly or 
disabled person and one count of theft. Kormanik 
died on Oct. 5, 2015.
    Ten former clients of former attorney Joseph D. 
Reed were reimbursed a total of $24,510 as a 
result of Reed’s failure to provide the services 
requested. Reed resigned from the practice of 
law, with discipline pending, on April 12.

One former client of suspended Huron County 
attorney Charles R. Smith III was reimbursed 
$650 as a result of Smith’s failure to provide the 
services requested. Smith’s license to practice law 
in Ohio was suspended indefinitely on March 10, 
2016.

A former client of former Lake County attorney 
David H. Davies was reimbursed $7,455 as a 
result of Davies’ failure to account for client funds 
deposited with him. Davies was permanently 
disbarred from the practice of law in Ohio on Dec. 
1, 2015.

A former client of deceased Paulding County 
attorney Erwin J. Bandy was reimbursed $860 as 
a result of Bandy’s failure to complete the services 
requested before his death on April 24, 2015.

Financed primarily by registration fees paid by 
every Ohio attorney, the fund was created by the 
Supreme Court in 1985. Ohio has more than 
44,000 active-status attorneys with only a fraction 
involved in claims. Clients who believe they have 
sustained financial losses resulting from attorney 
theft, embezzlement, or misappropriation should 
contact the fund at 1.800.231.1680.





Supreme Court Case Announcement for June 29, 
2017

CASE ANNOUNCEMENTS

June 29, 2017

[Cite as 06/29/2017 Case Announcements, 2017-
Ohio-5562.]

MERIT DECISIONS WITH OPINIONS

2016-0509. State ex rel. McKee v. Union Metal 
Corp. , Slip Opinion No. 2017-Ohio-5541.

Franklin App. No. 15AP-414, 2016-Ohio-1236. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2014-0328. In re Application of Duke Energy 
Ohio, Inc. , Slip Opinion No. 2017-Ohio-5536.

Public Utilities Commission, Nos. 12-1685-GA-
AIR, 12-1686-GA-ATA, 12-1687-GA-ALT, and 12-
1688-GA-AAM. Order affirmed.

O’Connor, C.J., and French, Fischer, and 
DeWine, JJ., concur.

O’Donnell, J., dissents, with an opinion joined by 
Kennedy and O’Neill, JJ.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-025. In re Disqualification of Dellick and 
Quinn, Slip Opinion No. 2017-Ohio-5542 (decided 
April 12, 2017).

17-AP-033. In re Disqualification of Blanchard, 
Slip Opinion No. 2017-Ohio-5543 (decided May 
17, 2017).

MOTION AND PROCEDURAL RULINGS

2017-0436. In re Complaint of Harris Design 
Servs. v. Columbia Gas of Ohio, Inc.

Public Utilities Commission, No. 15-405-GA-CSS. 
On appellant’s motion for leave to file corrected 
merit brief. Motion denied. On appellee’s motion 
to suspend briefing schedule. Motion granted.





OHIO CASE ANNOUNCEMENTS

June 28, 2017

[Cite as 06/28/2017 Case Announcements, 2017-
Ohio-5540.]

MOTION AND PROCEDURAL RULINGS

2017-0039. In re Adoption of M.G.B.-E.

Clinton App. No. CA2016-06-017, 2016-Ohio-
7912. Upon review of the appeal, it appears that 
the case involves termination of parental 
rights/adoption of a minor child. Accordingly, it is 
ordered by the court, sua sponte, that this case 
shall proceed according to the Rules of Practice 
of the Supreme Court of Ohio that pertain to 
cases involving termination of parental 
rights/adoption of a minor child.

It is further ordered that appellee’s motion to 
expedite decision and briefing schedule is denied 
as moot.

DISCIPLINARY CASES

2017-0732. In re Resignation of Pioch.

On application for resignation of Susan Marie 
Pioch, Attorney Registration No. 0012533, and on 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

MISCELLANEOUS DISMISSALS

2017-0125. Wells Fargo Bank Natl. Assn. v. 
Maxfield.

Butler App. No. CA2016-05-089, 2016-Ohio-8102. 
On appellants’ application for dismissal. 
Application granted. Cause dismissed.





Supreme Court Case Announcement for June 27, 
2017


CASE ANNOUNCEMENTS

June 27, 2017

[Cite as 06/27/2017 Case Announcements, 2017-
Ohio-5509.]

MERIT DECISIONS WITH OPINIONS

2017-0315. State ex rel. Rocco v. Cuyahoga Cty. 
Bd. of Elections , Slip Opinion No. 2017-Ohio-
4466.

In Mandamus. Writ granted.

O’Donnell and French, JJ., concur.

O’Neill, J., concurs in judgment only, with an 
opinion.

Fischer, J., concurs in judgment only.

O’Connor, C.J., dissents, with an opinion.

DeWine, J., dissents, with an opinion joined by 
Kennedy, J.

MOTION AND PROCEDURAL RULINGS

2016-1372. Schwartz v. Honeywell Internatl., Inc.

Cuyahoga App. No. 103377, 2016-Ohio-3175. On 
motions for admission pro hac vice of Michael W. 
Weaver and William L. Anderson. Motions 
granted. Pursuant to Gov.Bar. R. XII(4), counsel 
shall file a notice of permission with the Supreme 
Court’s Office of Attorney Services within 30 days.





Supreme Court Case Announcement for June 26, 
2017

CASE ANNOUNCEMENTS

June 26, 2017

[Cite as 06/26/2017 Case Announcements, 2017-
Ohio-4477.]

MOTION AND PROCEDURAL RULINGS

2016-1882. State v. Graham.

Portage C.P. No. 2016 CR 107 E. On appellant’s 
second motion for extension of time to transmit 
record. Motion granted. The record shall be filed 
no later than September 19, 2017.

MISCELLANEOUS DISMISSALS

2015-1715. In re Application of Buckeye Wind, 
L.L.C.

Power Siting Board, Nos. 08-666-EL-BGN and 
13-360-EL-BGA. On joint application for 
dismissal. Application granted. Cause dismissed.





Supreme Court Case Announcement for June 22, 
2017

CASE ANNOUNCEMENTS

June 22, 2017

[Cite as 06/22/2017 Case Announcements, 2017-
Ohio-4433.]

MERIT DECISIONS WITH OPINIONS

2015-2063. Terraza 8, L.L.C. v. Franklin County 
Bd. of Revision , Slip Opinion No. 2017-Ohio-
4415.

Board of Tax Appeals, Nos. 2015-279 and 2015-
280. Decision vacated and cause remanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0221. Columbus Bar Assn. v. Kluesener , 
Slip Opinion No. 2017-Ohio-4417.

On Certified Report by the Board of Professional 
Conduct, No. 2016-036. Jeffrey Thomas 
Kluesener, Attorney Registration No. 0087256, 
suspended from the practice of law for six 
months, with the entire suspension stayed on 
condition.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0188. Georgetown/Chase Phase I, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1903 and 2015-
1904. On joint motion to remand. Motion granted. 
Cause remanded to the Board of Tax Appeals.

2017-0614. State ex rel. Kanter v. Cleveland 
Heights.

On appellee’s motion to strike notice of appeal 
and memorandum in support of

jurisdiction. Motion denied. Appellee may file a 
memorandum in response within 30 days.

DISCIPLINARY CASES

2015-1638. Disciplinary Counsel v. Bartels.

On application for reinstatement. N. Shannon 
Bartels, Attorney Registration No. 0064012, 
reinstated to the practice of law.

MISCELLANEOUS DISMISSALS

2016-1736. State ex rel. Matheny v. Knece.

In Prohibition. On relators’ application for 
dismissal. Application granted. Cause dismissed.

2017-0408. State v. Smith.

Ashtabula App. No. 2015-A-0027, 2016-Ohio-
8420. Appellant has not filed a memorandum in 
support of jurisdiction, due June 16, 2017, and 
therefore has failed to prosecute this case with 
due diligence. Cause dismissed.

MEDIATION MATTERS

2017-0589. State ex rel. Klein v. Precision 
Excavating & Grading Co.

Franklin App. No. 15AP-908, 2017-Ohio-1020. 
This case is returned to the regular docket under 
S.Ct.Prac.R. 19.01. The appellant shall file a brief 
within 40 days, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07. As provided in S.Ct.Prac.R. 16.07, 
the court may dismiss the case or take other 
action if the parties fail to timely file merit briefs.

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0743. Eastland Manor Apartments, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-537.

2017-0778. State ex rel. Honda of Am. Mfg., Inc. 
v. Indus. Comm.

Franklin App. No. 15AP-1064, 2017-Ohio-2627.

2017-0790. State ex rel. Jackson Tube Serv., Inc. 
v. Indus. Comm.

Franklin App. No. 16AP-351, 2017-Ohio-1573.

2017-0792. GC Net Lease @ (3) (Westerville) 
Investors, L.L.C. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-540.






Board of Professional Conduct: Operation of 
Virtual Law Offices Permissible

Staff Report | June 22, 2017

The Board of Professional Conduct today issued 
an advisory opinion permitting virtual law offices. 
The Board also took action to withdraw a 
superseded advisory opinion.

In Advisory Opinion 2017-5 the Board concludes 
that the operation of virtual law office is 
permissible under the Ohio Rules of Professional 
Conduct. A virtual law office allows a lawyer to 
work remotely, relying almost entirely on 
technology to communicate with clients, store 
client files, and conduct legal research, in place of 
a traditional “bricks and mortar” office.

The Board determines, in accord with opinions 
issued by other state conduct boards, that a 
lawyer may use a home or office address, the 
address of shared space, or a post office box as 
the required “office address” in communications 
with clients, courts, and other lawyers.

The opinion addresses the ethical issues inherent 
in a virtual law office and reinforces that the 
conduct rules require a lawyer to stay abreast of 
changes in technology and take steps to ensure 
that a client’s information, especially electronic 
data stored in the “cloud,” is protected from 
inadvertent disclosure. The opinion also reminds 
lawyers that the use of third parties to provide 
technological services, such as offsite data 
storage, require lawyers to ensure the vendor acts 
in a manner consistent with their ethical 
obligations.

Because of the nature of a virtual law office, the 
Board concludes that a lawyer must be mindful of 
the requirement to keep a client reasonably 
informed in order to enable the client to make 
decisions about the lawyer’s representation. The 
Board recommends that a lawyer operating a 
virtual law office notify the client about the use of 
technology in a written fee agreement.

The Board also concludes it is appropriate for a 
lawyer operating a virtual law office to share 
nonexclusive office space with other professionals 
to receive mail, meet clients in person, or conduct 
depositions. However, the lawyer must take 
precautions to ensure the confidentiality of client 
communications and information in an 
environment where all tenants share resources 
like Wi-Fi and a common receptionist or other 
staff.

The Board also withdrew Adv. Op. 1988-08. The 
opinion dealt with the question of when a part-
time city prosecutor may represent criminal 
defendants. The Board concluded that Adv. Ops. 
2007-4, 2008-5, 2008-6, and 2014-2 superseded 
all portions of Adv. Op. 1988-08.

Advisory Opinions of the Board of Professional 
Conduct are nonbinding opinions in response to 
prospective or hypothetical questions regarding 
the application of the Supreme Court Rules for the 
Government of the Bar of Ohio, the Supreme 
Court Rules for the Government of the Judiciary, 
the Ohio Rules of Professional Conduct, the Ohio 
Code of Judicial Conduct, and the Attorney’s Oath 
of Office





Supreme Court Second Case Announcement for 
June 21, 2017


CASE ANNOUNCEMENTS

June 21, 2017

[Cite as 06/21/2017 Case Announcements #2, 
2017-Ohio-4396.]

MERIT DECISIONS WITH OPINIONS

2016-1240. In re Application of Callam , Slip 
Opinion No. 2017-Ohio-4361.

On Report by the Board of Commissioners on 
Character and Fitness, No. 636. Michael 
Alexander Callum’s application for admission to 
the practice of law disapproved and license to 
practice law revoked, but he may reapply for 
admission after June 21, 2019.

Kennedy, French, O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Donnell, J., concurs in part and dissents in part, 
with an opinion joined by O’Connor, C.J.

2016-1820. Columbus Bar Assn. v. Lindner , Slip 
Opinion No. 2017-Ohio-4362.

On Certified Report by the Board of Professional 
Conduct, No. 2015-058. Kristina Marie Lindner, 
Attorney Registration No. 0088516, indefinitely 
suspended from the practice of law.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.

MERIT DECISIONS WITHOUT OPINIONS

2016-1011. Kerns v. Simmers.

In Mandamus. Sua sponte, the court orders that 
the parties shall file supplemental briefs that 
address the following issues:

1. The applicability to this action of the “takings” 
provisions of Article I, Section 19 of the Ohio 
Constitution and the 5th and 14th Amendments to 
the United States Constitution; and

2. Whether there is an adequate remedy at law 
available to relators in lieu of this mandamus 
action.

Relators shall file a supplemental brief within 20 
days and respondents shall file a supplemental 
brief within 15 days of the filing of relators’ brief. 
No requests or stipulations for extension of time to 
file briefs are permitted and the clerk of court shall 
refuse to file any requests or stipulations for 
extension of time.

Oral argument shall be scheduled in this case 
after the filing of the supplemental briefs.

2017-0235. Armstrong v. Wainwright.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0325. State ex rel. Williams v. Fifth Dist. 
Court of Appeals.

In Procedendo. On complaint in procedendo of 
Agatha Martin Williams. On S.Ct.Prac.R. 12.04 
determination, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0443. State ex rel. Peterson v. Carr.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0450. Simmons v. Miller.

In Mandamus. On answer of respondent. On 
S.Ct.Prac.R. 12.04 determination, cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0506. Pianowski v. Coleman.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0527. State ex rel. Staats v. State.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0603. Turner v. Monroe.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0484. State v. Moore.

Erie App. No. E-16-030, 2017-Ohio-673. On 
review of order certifying a conflict. The court 
determines that no conflict exists within the 
meaning of S.Ct.Prac.R. 8.02. Cause dismissed.

O’Connor, C.J., and O’Neill and DeWine, JJ., 
dissent.

2017-0520. State v. Clay.

Mahoning App. No. 08 MA 2, 2009-Ohio-1204. On 
motion for leave to file delayed appeal. Motion 
denied.

2017-0521. State v. Letcher.

Hamilton App. No. C-120816. On motion for leave 
to file delayed appeal. Motion denied.

DeWine, J., not participating.

2017-0523. State v. Ross.

Ottawa App. No. OT-16-004, 2017-Ohio-675. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy, O’Neill, and Fischer, JJ., dissent.

2017-0525. State v. Rice.

Ashtabula App. No. 2015-A-0071, 2017-Ohio-501. 
On motion for leave to file delayed appeal. Motion 
denied.

Kennedy, O’Neill, and Fischer, JJ., dissent.

2017-0528. Bey v. State.

Lucas App. No. L-16-1088, 2017-Ohio-404. On 
motion to stay judgment and

dismiss costs. Motion denied.

2017-0539. State v. Dubose.

Lucas App. No. L-15-1194, 2016-Ohio-7883. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2017-0546. State v. Winbush.

Clark App. No. 2016-CA-1, 2017-Ohio-696. On 
motion for leave to file delayed appeal. Motion 
granted. Appellant shall file a memorandum in 
support of jurisdiction within 30 days of the date of 
this entry.

O’Connor, C.J., and O’Donnell, J., dissent.

2017-0557. State v. Boles.

Montgomery App. No. 18762. On motion for leave 
to file delayed appeal. Motion denied.

2017-0560. State v. McCall.

Cuyahoga App. No. 104479, 2017-Ohio-296. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2017-0571. State v. Kirby.

Summit App. No. 27986, 2016-Ohio-8138. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

O’Connor, C.J., not participating.

2017-0577. State v. Leonard.

Ross App. No. 16CA3573, 2017-Ohio-1541. On 
motion for stay of court of appeals’ judgment. 
Motion granted and posted bond continued.

O’Donnell and DeWine, JJ., dissent.

2017-0583. State v. Herring.

Cuyahoga App. No. 104441, 2017-Ohio-743. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill and DeWine, JJ., dissent.

2017-0585. State v. Lytle.

Franklin App. No. 13AP-866, 2015-Ohio-1133. On 
motion for leave to file delayed

appeal. Motion denied.

2017-0591. State v. McManaway.

Hocking App. No. 16CA8, 2016-Ohio-7470. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2017-0595. State v. Churchill.

Franklin App. Nos. 16AP-460, 16AP-461, and 
16AP-462. On motion for leave to file delayed 
appeal. Motion denied.

Fischer and DeWine, JJ., dissent.

2017-0678. State v. D.F.

Montgomery App. No. 27032, 2017-Ohio-2882. 
On motion for stay of court of appeals’ judgment. 
Motion granted. Judgment stayed pending appeal 
to this court.

O’Connor, C.J., and O’Neill, J., dissent.

APPEALS ACCEPTED FOR REVIEW

2016-1486. Sunoco Pipeline, L.P. v. Teter.

Harrison App. Nos. 16 HA 0002 and 16 HA 0005, 
2016-Ohio-7073. Discretionary appeal accepted 
on proposition of law No. I.

Kennedy and French, JJ., would also accept the 
appeal on proposition of law Nos. II, III, and IV.

O’Neill, J., would also accept the appeal on 
proposition of law Nos. II and III.

O’Donnell, Fischer, and DeWine, JJ., dissent.

2017-0483. State v. Moore.

Erie App. No. E-16-030, 2017-Ohio-673.

O’Connor, C.J., and Kennedy, J., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1214. State v. Mundt.

Noble App. No. 13 NO 0406, 2016-Ohio-4802.

2016-1622. State v. Curtis.

Allen App. No. 1-15-55, 2016-Ohio-6978.

O’Neill, J., dissents.

2016-1632. Locigno v. 425 W. Bagley, Inc.

Cuyahoga App. No. 103379, 2016-Ohio-5924.

O’Donnell, Kennedy, and O’Neill, JJ., dissent.

2016-1633. State v. Hayes.

Montgomery App. No. 26379, 2016-Ohio-7241.

O’Donnell, J., dissents and would accept the 
cause on proposition of law No. I.

2016-1639. State v. Goins.

Cuyahoga App. No. 103874, 2016-Ohio-5930.

2016-1640. Heartland of Urbana OH, L.L.C. v. 
McHugh Fuller Law Group, P.L.L.C.

Champaign App. No. 2016-CA-3, 2016-Ohio-
6959.

2016-1641. Checkers Pub, Inc. v. Sofios.

Wood App. No. WD-15-054, 2016-Ohio-6963.

2016-1643. State v. Scott.

Cuyahoga App. No. 103696, 2016-Ohio-5929.

O’Connor, C.J., dissents, would accept the cause 
on proposition of law No. I, and would reverse the 
judgment of the court of appeals on the authority 
of State v. Underwood, 124 Ohio St.3d 365, 2010-
Ohio-1, 922 N.E.2d 923, and State v. Rogers, 143 
Ohio St.3d 385, 2015-Ohio-2459, 38 N.E.3d 860.

Kennedy, J., dissents.

2016-1647. State v. Magnone.

Clark App. No. 2015-CA-94, 2016-Ohio-7100.

2016-1653. Bretz v. Nagy.

Portage App. No. 2015-P-0082, 2016-Ohio-3008.

2016-1658. Kitson v. Gordon Food Serv.

Medina App. No. 15CA0078-M, 2016-Ohio-7079.

2016-1660. State ex rel. Huttman v. Parma.

Cuyahoga App. No. 103691, 2016-Ohio-5624.

2016-1664. Griggs v. Thompson.

Franklin App. No. 16AP-229, 2016-Ohio-7138.

2016-1665. Gordon v. Erie Islands Resort & 
Marina.

Ottawa App. No. OT-15-035, 2016-Ohio-7107.

O’Donnell, J., dissents and would accept the 
cause on proposition of law No. I.

Kennedy, J., dissents.

2016-1671. Simons v. Buldas.

Lucas App. No. L-15-1316, 2016-Ohio-7111.

2016-1672. In re A.B.

Hamilton App. No. C-150743.

Kennedy, French, and O’Neill, JJ., dissent.

William A. Klatt, Tenth District Court of Appeals, 
sitting for Fischer, J.

2016-1675. In re T.U.

Montgomery App. No. 26942, 2016-Ohio-7104.

2016-1677. In re L.J.W.

Ashland App. No. 16 COA 013, 2016-Ohio-7054.

2016-1683. Mason v. Mason Professional 
Firefighters, IAFF Local 4049.

Warren App. No. CA2015-12-111, 2016-Ohio-
7194.

Kennedy and O’Neill, JJ., dissent.

2016-1684. State v. Thompson.

Trumbull App. No. 2015-T-0087, 2016-Ohio-7154.

2016-1686. Spellman Outdoor Advertising Servs., 
L.L.C. v. Turnpike & Infrastructure Comm.

Portage App. No. 2015-P-0081, 2016-Ohio-7152.

O’Donnell, J., dissents.

Fischer, J., not participating.

2016-1687. Bryan v. Valley Care Health Sys. of 
Ohio.

Mahoning App. No. 2015-T-0130, 2016-Ohio-
7156.

O’Neill, J., dissents.

2016-1696. State v. Bronson.

Hamilton App. No. C-150461.

Fischer, J., not participating.

2016-1705. Johnston v. State.

Franklin App. No. 12AP-1022, 2016-Ohio-4761.

2016-1707. State v. Bluhm.

Franklin App. No. 15AP-938, 2016-Ohio-7126.

2016-1710. Snyder v. Grant.

Cuyahoga App. No. 103796, 2016-Ohio-5247.

O’Donnell, J., dissents.

2016-1711. State v. Sowers.

Perry App. No. 16 CA 00002, 2016-Ohio-7500.

O’Connor, C.J., dissents.

2016-1714. L.G. Harris Family Ltd. Partnership I v. 
905 S. Main St. Englewood, L.L.C.

Montgomery App. No. 26682, 2016-Ohio-7242.

2016-1733. State v. Easley.

Franklin App. Nos. 16AP-10 and 16AP-9, 2016-
Ohio-7271.

2016-1741. State v. Hardman.

Hamilton App. No. C-150549.

Fischer and DeWine, JJ., not participating.

2016-1749. In re Estate of Faldon.

Erie App. No. E-15-071, 2016-Ohio-7337.

Kennedy, J., dissents.

2016-1756. State v. Miller.

Butler App. No. CA2016-01-007, 2016-Ohio-7360.

2016-1758. State v. Smith.

Licking App. No. 16-CA-15, 2016-Ohio-7390.

2016-1765. Phelps v. Saffian.

Cuyahoga App. No. 103549, 2016-Ohio-5514.

2016-1774. State v. Vaughn.

Summit App. No. 27902, 2016-Ohio-7384.

Fischer, J., dissents.

2016-1786. State v. Moore.

Cuyahoga App. No. 104082, 2016-Ohio-7226.

2016-1890. State v. Williams.

Lorain App. No. 16CA010900, 2016-Ohio-7345.

O’Neill, J., dissents.

2017-0137. State v. Xu.

Delaware App. No. 15 CAA 11 0094, 2016-Ohio-
8238.

2017-0138. State v. Xu.

Delaware App. No. 15 CAA 11 0091, 2016-Ohio-
8237.

2017-0165. Benchmark Bank v. Kimberly Office 
Park, L.L.C.

Franklin App. No. 15AP-770, 2016-Ohio-8338.

2017-0167. State v. Kozic.

Mahoning App. No. 15 MA 0215, 2016-Ohio-8556.

2017-0168. State v. Burrell.

Fayette App. No. CA2016-04-005, 2016-Ohio-
8454.

2017-0181. State v. Boware.

Summit App. No. 27975, 2016-Ohio-7024.

O’Connor, C.J., not participating.

2017-0190. State v. Johnson.

Delaware App. No. 16 CAA 08 0033, 2016-Ohio-
7731.

2017-0194. State v. Seal.

Highland App. No. 16CA14, 2017-Ohio-116.

2017-0195. State v. Cochran.

Clark App. No. 2016-CA-33, 2017-Ohio-217.

2017-0203. State v. Miller.

Columbiana App. No. 14 CO 0047, 2016-Ohio-
8544.

2017-0215. State v. Jackson.

Cuyahoga App. No. 104645, 2017-Ohio-107.

2017-0218. Wolfe v. Accountancy Bd.

Franklin App. No. 16AP-453, 2016-Ohio-8542.

2017-0222. State v. Andrews.

Lake App. No. 2016-L-048, 2016-Ohio-8517.

2017-0229. State v. Canada.

Franklin App. No. 16AP-7, 2016-Ohio-5948.

2017-0231. Rocky River v. Collins.

Cuyahoga App. No. 104180, 2017-Ohio-14.

2017-0232. State v. Smith.

Hamilton App. No. C-150691.

Fischer and DeWine, JJ., not participating.

2017-0248. State v. Pulliam.

Scioto App. No. 16CA3759, 2017-Ohio-127.

2017-0249. State v. Gray.

Richland App. No. 2011 CA 112.

2017-0257. State v. Catney.

Cuyahoga App. No. 104141, 2017-Ohio-90.

2017-0259. Ebbing v. Stewart.

Butler App. No. CA2016-05-085, 2016-Ohio-7645.

2017-0282. State v. Lunder.

Cuyahoga App. No. 103653, 2017-Ohio-84.

2017-0291. Czyz v. Best Choice Moving, Inc.

Guernsey App. No. 16-CA-23. Emergency motion 
for injunction denied as moot.

2017-0292. State v. Moore.

Stark App. No. 2016CA00211, 2017-Ohio-602.

2017-0300. State v. Cooks.

Clark App. No. 2016-CA-40, 2017-Ohio-218.

2017-0303. State v. Buck.

Summit App. No. 27597, 2017-Ohio-273.

2017-0306. State v. Reece.

Montgomery App. No. 27081, 2017-Ohio-222.

Fischer, J., dissents.

2017-0310. State v. Adams.

Lawrence App. No. 16CA23, 2017-Ohio-519.

O’Neill and Fischer, JJ., dissent.

2017-0313. State v. Armengau.

Franklin App. No. 16AP-355, 2017-Ohio-197.

2017-0318. State v. King.

Franklin App. Nos. 15AP-930, 15AP-931, and 
15AP-933, 2016-Ohio-1247.

O’Donnell, J., not participating.

2017-0320. State v. Fairrow.

Montgomery App. No. 26936, 2017-Ohio-220.

2017-0337. State v. Brigner.

Athens App. No. 16CA25.

2017-0361. State v. Ferguson.

Franklin App. No. 16AP-307, 2017-Ohio-556.

2017-0364. State v. Lofton.

Pickaway App. No. 16CA8, 2017-Ohio-757.

2017-0500. State v. Upkins.

Shelby App. No. 17-16-04. Motion to consolidate 
case denied.

Fischer, J., dissents and would accept the appeal 
and hold the cause for decision in 2016-1742, 
State v. Upkins.

2017-0501. State v. Durham.

Cuyahoga App. Nos. 103352 and 103382, 2017-
Ohio-954.

2017-0526. In re H.D.

Warren App. No. CA2016-11-098, 2017-Ohio-
1333.

2017-0594. In re Adoption of N.T.R.

Franklin App. No. 16AP-589, 2017-Ohio-265.

RECONSIDERATION OF PRIOR DECISIONS

2015-1756. McGowan v. Medpace, Inc.

Hamilton App. Nos. C-140634 and C-140652, 
2015-Ohio-3743. Reported at __ Ohio St.3d __, 
2017-Ohio-1340, __ N.E.3d __. On motion for 
reconsideration. Motion denied.

Cannon, J., dissents and would grant the motion 
in part and would reconsider the decision to 
dismiss the cause as having been improvidently 
accepted.

Brunner, J., dissents.

Timothy P. Cannon, J., of the Eleventh District 
Court of Appeals, sitting for Fischer, J.

Jennifer L. Brunner, J., of the Tenth District Court 
of Appeals, sitting for DeWine, J.

2016-0252. State ex rel. Bradford v. Dinkelacker.

Hamilton App. No. C-150714. Reported at __ 
Ohio St.3d __, 2017-Ohio-1342, __ N.E.3d __. On 
motion for reconsideration. Motion denied.

Fischer and DeWine, JJ., not participating.

2016-0750. Perry v. Sloan.

Ashtabula App. No. 2015-A-0064, 2016-Ohio-
1605. Reported at __ Ohio St.3d __, 2017-Ohio-
1404, __ N.E.3d __. On motion for 
reconsideration. Motion denied.

2016-1369. State v. Amegatcher.

Delaware App. No. 15 CAC 10 0081, 2016-Ohio-
5198. Reported at 148 Ohio St.3d 1443, 2017-
Ohio-1427, 72 N.E.3d 657. On motion for 
reconsideration. Motion denied.

2016-1405. Wetzel v. Auto Owners Ins. Co.

Darke App. No. 2015-CA-25, 2016-Ohio-5355. 
Reported at 148 Ohio St.3d 1443, 2017-Ohio-
1427, 72 N.E.3d 657. On motion for 
reconsideration. Motion denied.

2017-0258. State v. Taylor.

Cuyahoga App. No. 104284, 2016-Ohio-8311. 
Reported at 148 Ohio St.3d 1442, 2017-Ohio-
1427, 72 N.E.3d 656. On motion for 
reconsideration. Motion denied.





Supreme Court Case Announcement for June 21, 
2017


CASE ANNOUNCEMENTS

June 21, 2017

[Cite as 06/21/2017 Case Announcements, 2017-
Ohio-4418.]

MOTIONS AND PROCEDURAL RULINGS

2013-2026. In re Rev. of Alternative Energy Rider 
Contained in Tariffs of Ohio Edison Co.

Public Utilities Commission, No. 11-5201-EL-
RDR. On request for clarification and guidance 
regarding the court’s notice of oral argument. 
Request stricken as untimely. The parties shall 
determine how to share the time allotted to each 
side.





Supreme Court Case Announcement for June 20, 
2017

CASE ANNOUNCEMENTS

June 20, 2017

[Cite as 06/20/2017 Case Announcements, 2017-
Ohio-4394.]

MERIT DECISIONS WITH OPINIONS

2015-0389. W. Carrollton City Schools Bd. of Edn. 
v. Montgomery Cty. Bd. of Revision, Slip Opinion 
No. 2017-Ohio-4328.

Board of Tax Appeals, No. 2012-4862. Decision 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and Fischer, JJ., concur.

DeWine, J., concurs in judgment only.

2016-1821. Disciplinary Counsel v. Martyniuk, Slip 
Opinion No. 2017-Ohio-4329.

On Certified Report by the Board of 
Commissioners, No. 2016-015. Andrew Osyp 
Martyniuk, Attorney Registration No. 0064997, is 
hereby indefinitely suspended from the practice of 
law with no credit for time served under interim 
felony suspension.

O’Connor, C.J., and Kennedy, French, O’Neill, 
and DeWine, JJ., concur.

O’Donnell, J., would permanently disbar 
respondent.

Fischer, J., not participating.

MOTION AND PROCEDURAL RULINGS

2015-1309. State v. Ford.

Summit Cty. C.P. CR 2013 04 1008(A). On motion 
for extraordinary fees and interim billing. Motion 
for extraordinary fees denied. Motion for interim 
billing granted.





OHIO CASE ANNOUNCEMENTS

June 19, 2017

[Cite as 06/19/2017 Case Announcements, 2017-
Ohio-4333.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JUNE 19, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the June 19, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2014-1377. State v. Noling, 149 Ohio St.3d 327, 
2016-Ohio-8252.

2014-1781. Emerson Network Power Energy 
Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision, 
149 Ohio St.3d 369, 2016-Ohio-8392.

2014-1953. Simpkins v. Grace Brethren Church of 
Delaware, Ohio, 149 Ohio St.3d 307, 2016-Ohio-
8118.

2014-2028. State v. Martin, 149 Ohio St.3d 292, 
2016-Ohio-7196.

2015-0348. Argabrite v. Neer, 149 Ohio St.3d 349, 
2016-Ohio-8374.

2015-0794. Mason Cos., Inc. v. Testa, 149 Ohio 
St.3d 299, 2016-Ohio-7768.

2015-0917. T. Ryan Legg Irrevocable Trust v. 
Testa, 149 Ohio St.3d 376, 2016-Ohio-8418.

2015-1340. Jacobson v. Kaforey, 149 Ohio St.3d 
398, 2016-Ohio-8434.

2015-1879. State ex rel. Carroll v. Galion Assisted 
Living, Ltd., 149 Ohio St.3d 326, 2016-Ohio-8117.

2016-0854. Geauga Cty. Bar Assn. v. Snavely, 
149 Ohio St.3d 301, 2016-Ohio-7829.

16-AP-088. In re Disqualification of Martin, 149 
Ohio St.3d 1233, 2016-Ohio-8590.

16-AP-093. In re Disqualification of Enlow, 149 
Ohio St.3d 1235, 2016-Ohio-8604.

16-AP-099. In re Disqualification of Swenski, 149 
Ohio St.3d 1237, 2016-Ohio-8593.





New Ohio Judicial College Website Debuts


It just got easier for partners in the Ohio judicial 
system to get the education they need.

The State Supreme Court’s Judicial College is 
launching its website offering one stop shopping 
to register and take online courses to help judges, 
guardians, and others complete their continuing 
legal or professional education.

“We’re excited to say this is the portal for our 
education delivered through the Judicial College 
for all of our online education as well as our face 
to face events, “said Christopher Fields, 
Curriculum Manager for the Ohio Judicial College.

The site is called OhioCourtEDU and so far it’s 
been a huge success.  Since it launched a couple 
weeks ago, one thousand people have jumped 
online to get access.

“With this new system, we are going to be able to 
grow, as far as the number of courses we offer, 
the experience for those learners out there taking 
our courses, the judges, magistrates and court 
personnel.” Said Christy Tull, the director of the 
Ohio Judicial College.

The old system required court personnel and 
court affiliates to access multiple sites for 
registration and training.

“Now this is done seamlessly through one 
system.”

Among those professionals receiving education 
from the Supreme Court of Ohio Judicial College, 
judges are required to complete a minimum of 40 
continuing legal education (or CLE) hours every 
two years, of which ten must come from the 
judicial college. Magistrates must complete a 
minimum of 24 CLE hours every two years. 
Guardians and probation officers also have 
mandatory education.

To access just log onto this link — still available 
on the Supreme Court’s website:  
http://www.supremecourt.ohio.gov/Boards/judColl
ege/default.aspx#

This new portal gives the state of Ohio an edge.

We are pretty much leading the pack as to the 
courses we are doing.”





OHIO CASE ANNOUNCEMENTS

June 16, 2017

[Cite as 06/16/2017 Case Announcements, 2017-
Ohio-4315.]

MOTION AND PROCEDURAL RULINGS

2016-1150. TEG Properties, Inc. v. Cuyahoga Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-1906. On the 
joint motion to remand the appeal to the Board of 
Tax Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.

DISCIPLINARY CASES

2017-0677. Cleveland Metro. Bar Assn. v. 
Butscher.

On certification of default. Alisa Carol Butscher, 
Attorney Registration No. 0066103, suspended 
from the practice of law for an interim period.





Supreme Court Case Announcement for June 15, 
2017

CASE ANNOUNCEMENTS

June 15, 2014

[Cite as 06/15/2017 Case Announcements, 2017-
Ohio-4289.]

MERIT DECISIONS WITH OPINIONS

2015-0322. Dialysis Ctrs. of Dayton, L.L.C. v. 
Testa , Slip Opinion No. 2017-Ohio-4269.

Board of Tax Appeals, Nos. 2012-138, 2012-139, 
2012-140, and 2012-141. Decisions affirmed in 
part and reversed in part and cause remanded.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., concurs in part and dissents in part 
and would affirm the Board of Tax Appeals’ 
decision to deny exemption for tax year 2007.

2015-2053. Disciplinary Counsel v. Alo , Slip 
Opinion No. 2017-Ohio-4270.

On Certified Report by the Board of Professional 
Conduct, No. 2015-057. Mohammed Noure Alo, 
Attorney Registration No. 0078288, permanently 
disbarred from the practice of law in Ohio.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0551. Ford Motor Credit Co. v. Agrawal. 
Cuyahoga App. No. 103667, 2016-Ohio-5928. On 
motion for admission pro hac vice of Jonathan D. 
Hacker. Motion granted.

DISCIPLINARY CASES

2017-0403. In re Reed.

Sua sponte, Joseph Dues Reed, Attorney 
Registration No. 0025938, last known business 
address in Columbus, Ohio, found in contempt for 
failure to comply with this court’s order of April 12, 
2017.





Supreme Court Case Announcement for 
June 14, 2017


CASE ANNOUNCEMENTS


[Cite as 06/14/2017 Case 
Announcements, 2017-Ohio-4268.]

MOTION AND PROCEDURAL RULINGS

2015-1332. Accel, Inc. v. Testa.

Board of Tax Appeals, No. 2012-
2840. On appellee/cross-appellant’s 
motion to set date and time for 
oral argument. Motion denied as 
moot.

DISCIPLINARY CASES

2017-0784. In re Moore. On 
certified entry of felony 
conviction. Gregory Joseph Moore, 
Attorney Registration No. 0076156, 
last known business address in 
Northfield, Ohio, suspended from 
the practice of law for an interim 
period.






Board of Professional Conduct Files 
Disciplinary Case Reports and 
Recommendations
Staff Report | June 13, 2017

The Ohio Board of Professional 
Conduct today announced the filing 
of disciplinary case reports with 
the Ohio Supreme Court. Eight 
reports recommend discipline for 
attorneys charged with professional 
misconduct.

The parties will have an 
opportunity to file objections to 
the board’s report and 
recommendation with the Supreme 
Court. If objections are filed, the 
case will be scheduled for oral 
argument.

Additional information about each 
case, including the report and 
recommendation, may be obtained by 
clicking on the hyperlink for each 
case. Questions regarding pending 
cases should be directed to the 
Office of Public Information at 
614.387.9250.

Champaign County

Disciplinary Counsel v. Christopher 
Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite 
suspension

Cuyahoga County

Ohio State Bar Association v. Lance 
Timothy Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment

Cleveland Metropolitan Bar 
Association v. Rosel Charles Hurley 
III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment

Franklin County

Columbus Bar Association v. Eric 
Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month 
suspension, stayed

Hamilton County

Cincinnati Bar Association v. 
William Douglass Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public 
reprimand

Highland County

Disciplinary Counsel v. Magistrate 
Cynthia Ann Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public 
reprimand

Montgomery County

Dayton Bar Association v. Derrick 
Anthony Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month 
suspension, stayed

Perry County

Disciplinary Counsel v. Steven 
Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month 
suspension, stayed






Board of Professional Conduct Files Disciplinary 
Case Reports and Recommendations
Staff Report | June 13, 2017

The Ohio Board of Professional Conduct today 
announced the filing of disciplinary case reports 
with the Ohio Supreme Court. Eight reports 
recommend discipline for attorneys charged with 
professional misconduct.

The parties will have an opportunity to file 
objections to the board’s report and 
recommendation with the Supreme Court. If 
objections are filed, the case will be scheduled for 
oral argument.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Champaign County

Disciplinary Counsel v. Christopher Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite suspension

Cuyahoga County

Ohio State Bar Association v. Lance Timothy 
Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment

Cleveland Metropolitan Bar Association v. Rosel 
Charles Hurley III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment

Franklin County

Columbus Bar Association v. Eric Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month suspension, 
stayed

Hamilton County

Cincinnati Bar Association v. William Douglass 
Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public reprimand

Highland County

Disciplinary Counsel v. Magistrate Cynthia Ann 
Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public reprimand

Montgomery County

Dayton Bar Association v. Derrick Anthony 
Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month suspension, 
stayed

Perry County

Disciplinary Counsel v. Steven Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month suspension, 
stayed






Board of Professional Conduct Files Disciplinary 
Case Reports and Recommendations
Staff Report | June 13, 2017

The Ohio Board of Professional Conduct today 
announced the filing of disciplinary case reports 
with the Ohio Supreme Court. Eight reports 
recommend discipline for attorneys charged with 
professional misconduct.

The parties will have an opportunity to file 
objections to the board’s report and 
recommendation with the Supreme Court. If 
objections are filed, the case will be scheduled for 
oral argument.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Champaign County

Disciplinary Counsel v. Christopher Ramon Bucio
Supreme Court Case No. 2017-0800
Recommended sanction: Indefinite suspension

Cuyahoga County

Ohio State Bar Association v. Lance Timothy 
Mason
Supreme Court Case No. 2017-0794
Recommended sanction: Disbarment

Cleveland Metropolitan Bar Association v. Rosel 
Charles Hurley III
Supreme Court Case No. 2017-0798
Recommended sanction: Disbarment

Franklin County

Columbus Bar Association v. Eric Lee LaFayette
Supreme Court Case No. 2015-2010
Recommended sanction: Six-month suspension, 
stayed

Hamilton County

Cincinnati Bar Association v. William Douglass 
Bell
Supreme Court Case No. 2017-0791
Recommended sanction: Public reprimand

Highland County

Disciplinary Counsel v. Magistrate Cynthia Ann 
Williams
Supreme Court Case No. 2017-0796
Recommended sanction: Public reprimand

Montgomery County

Dayton Bar Association v. Derrick Anthony 
Strahorn
Supreme Court Case No. 2017-0799
Recommended sanction: Six-month suspension, 
stayed

Perry County

Disciplinary Counsel v. Steven Powell Schnittke
Supreme Court Case No. 2016-0861
Recommended sanction: Six-month suspension, 
stayed





Supreme Court Case Announcement for June 13, 
2017


CASE ANNOUNCEMENTS


[Cite as 06/13/2017 Case Announcements, 2017-
Ohio-4208.]

MOTIONS AND PROCEDURAL RULINGS

2017-0611. Ashtabula v. Jones.

Ashtabula App. No. 2016-A-0053, 2017-Ohio-
1103. Appellant’s memorandum in support of 
jurisdiction fails to comply with S.Ct.Prac.R. 
7.02(B), which requires that a memorandum “shall 
not exceed fifteen numbered pages, exclusive of 
the table of contents and the certificate of 
service.” Sua sponte, pages 16 through18 of the 
memorandum in support of jurisdiction are 
stricken.

2017-0616. Portee v. Cleveland Clinic Found.

Cuyahoga App. No. 104693, 2017-Ohio-1053. On 
motion for admission pro hac vice of Matthew 
Schiller. Motion granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice of permission to 
appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days.





The Art of eFiling: Clicks and Digits Relieve 
Stress


The Art of eFiling
Staff Report | June 12, 2017

Image of a finger pressing an icon representing a 
document (THINKSTOCK)

The Supreme Court launched eFiling in January 
2015. Two years later, it's considered a 
tremendous success.

His anxiety never reached panic level, but 
Cuyahoga County assistant prosecutor Daniel T. 
Van sweated through some close calls when filing 
paper documents with the Ohio Supreme Court.

“Prior to electronic filing, there have been times in 
which I had to drive to Columbus to file a 
document or rely upon the assistance of 
colleagues in Columbus to file a document in 
order to meet a deadline,” Van explained.

Although he was close, he never missed a 
deadline. But the time and money spent on 
making copies and taking them up to the 8th floor 
Clerk of Court’s office was a lot of work and worry.

“Our staff understood the Court’s filing 
requirements and would have to work diligently to 
ensure that briefs were properly formatted with 
enough lead time to ensure that the appropriate 
number of copies (such as 16 copies for a merit 
brief) were made and timely delivered and filed 
with the Clerk of Court. We would have to track 
our filings to ensure that the clerk received our 
briefs by the filing deadline,” Van said.

The Cuyahoga County prosecutor’s office was 
fortunate in its ability to meet the deadlines. Other 
attorneys weren’t so lucky.

“It would be not uncommon for it to be at the end 
of the day and we would get a call saying, ‘I’m in 
Mansfield and I’m going as quickly as I can,’” said 
Steve Kahler, with the Supreme Court’s Clerk’s 
office. “Or to unfortunately not make it in time and 
to be waiting at security at 5 p.m. when we 
closed.”

All that drama began to fade away in January 
2015 when attorneys were able to file documents 
electronically. That means doing away with the 
endless paper copies and binders and replacing 
them with a fixed digital format. Two years later, 
it’s considered a tremendous success, with more 
than 74 percent of all attorney filings performed 
electronically.

“It’s going great. We have had a lot of really good 
feedback. We hear our system is very user 
friendly, very intuitive, and people like it,” said 
Sandra Grosko, the clerk of the Supreme Court of 
Ohio.

The History of e-Filing
The Ohio Supreme Court was in the middle of an 
e-filing sensation when conversions were 
instituted at state supreme courts.

“We were twenty-something among the courts of 
last resort, the supreme courts that started e-
filing,” said Grosko.

Electronic filing started as the solution for one 
federal court’s crowded docket in the late 1990s. 
After being piloted by 31 courts in 2001, e-filing 
was implemented in every federal district court in 
the United States and in several federal courts of 
appeal.

The Ohio Supreme Court’s decision to use e-filing 
came on the heels of a working draft of Standards 
for Electronic Filing Processes in 2006.

In 2014, more than 85 Ohio lawyers who 
frequently file with the court participated in a 
three-month e-filing pilot program.

Cleveland Assistant Director of Law Linda 
Bickerstaff was one of them.

“E-filing has certainly placed me on equal footing 
with opposing counsel sometimes located in 
Columbus,” Bickerstaff said. “I am extremely 
pleased with the functionality of the e-filing system 
and its ease of use. Prior to e-filing, sizeable 
briefs, for example, had to be finalized a week in 
advance, not only to ensure timely delivery to the 
Court but in time to reproduce and bind the 
required number of copies to be filed as well. This 
meant, of course, that opposing counsel would 
receive an early copy of my brief allowing them 
more time to respond. The convenience of e-filing 
has made life far less stressful.”

Like many attorneys, Cleveland-based Paul 
Flowers was already using e-filing in the federal 
system and was relieved when the Ohio Supreme 
Court started its program. It eliminates the cost of 
making copies and binding filings.

“We have been using the federal filing system for 
about 20 years, and the Supreme Court’s system 
was well worth the wait,” Flowers said. “The 
system is extremely simple and straightforward. 
With the limited number of options you can select, 
it eliminates a lot of confusion over how the filing 
should be submitted.”

After the pilot program, e-filing for the Supreme 
Court was expanded to all registered lawyers in 
early 2015, and to pro se filers, those individuals 
who represent themselves, later in the year.

Forty percent of those who file with the Ohio 
Supreme are pro se filers and represent 
themselves. Sadly, only three percent of those 
filers take advantage of e-filing.

“I don’t think that people who represent 
themselves know that we have it,” said Kahler. 
“And there’s no way to individually get that word 
out. So when people call with other questions, we 
mention you can file this electronically and direct 
them to the place on the website where they can 
do that.”

Easy Access
To access the e-filing system, one needs to create 
an account with the Ohio Supreme Court’s e-
Filing Portal. Attorneys can use their attorney 
registration number. Pro se filers can use an email 
address. >From there, they choose the 
documents they want to file and start uploading 
them.

There are several guidelines for e-filing.

Filing documents does not alter deadlines 
imposed by the Rules of Practice of the Supreme 
Court of Ohio. Documents received after 5 p.m. 
Eastern Time through the e-Filing Portal will not 
be considered for filing until the next business 
day.

“Our filing deadline is 5 p.m. and that is the same 
for people coming into the office or e-filing. So you 
can file in the middle of the night, but the 
document won’t be considered for filing until the 
next filing day,” Grosko said.

“The most common issue is that the end of the 
filing date is at 5 o’clock and not 11:59 p.m. That’s 
something I wish everybody knew or would see in 
the rules before filing,” Kahler said.

Filers should allow sufficient time to set up 
account credentials and become familiar with the 
e-Filing Portal.

Items received through the portal will be reviewed 
in the order in which they are received by the 
Clerk’s Office. Due to high volume, review of 
documents for compliance with the Rules of 
Practice can take up to one business day.

“They can sit at their desk and they receive a 
response email back saying we received your 
document.” Grosko said. “One thing I want to 
point out is that it doesn’t mean your document 
has been filed. Because we have certain 
guidelines the court requires us to look for in our 
filings.  So once we file the document, we send a 
follow-up email saying now it’s been filed or it’s 
been rejected and here is why.”

So far, the biggest challenge in the program is 
when there is a technical issue on the user’s end.

“We always warn people to not wait until the last 
minute because things can happen. They can 
have a technical problem. So we say, ‘please 
don’t wait and think you are going to do it in five 
minutes,’” Grosko said.

Still, technical mistakes through electronic filing or 
e-filing are more easily fixed now than in the days 
before it was available.

“We have had instances in which, due to technical 
issues, a filing was rejected and we would have to 
scramble to correct any mistakes,” Van said. “This 
would involve either timely delivering of a new 
filing and copies to the Clerk’s office or correcting 
the filing and copies in person. Once, I had to 
disassemble several copies of a brief to correct a 
typographical error in a brief at the Clerk’s office 
and then re-staple all of the copies.”

In addition, use of the e-Filing Portal does not 
alter the filer’s obligation to serve the other parties 
to the case. 

The Art of Convenience
While federal courts make e-filing mandatory, the 
Ohio Supreme Court’s e-filing system is voluntary.

Attorneys like Van and others are quick to give 
feedback.

“From a professional standpoint, I appreciate the 
implementation of electronic filing,” he said. “The 
Ohio Supreme Court’s electronic filing system has 
made filing more convenient and has reduced 
costs associated with making copies and mailing. 
Electronic filing allows us to easily upload our 
completed work product in PDF format, and the 
system itself is user-friendly and straight-forward, 
and eliminates time restraints previously 
associated with delivery. The notification system 
provides peace of mind knowing when a brief has 
been accepted for filing.”





OHIO CASE ANNOUNCEMENTS

June 12, 2017

[Cite as 06/12/2017 Case Announcements, 2017-
Ohio-4205.]

MOTION AND PROCEDURAL RULINGS

2016-0899. State v. Tench.

Medina App. No. 14CR0541. On appellant’s 
motion to unseal proceedings. Motion denied. 
Counsel for appellant and appellee may come to 
the Supreme Court of Ohio Clerk’s Office to 
review the sealed documents.

DISCIPLINARY CASES

2009-1541. In re Theisler.

On petition for reinstatement. Petition granted. 
Charles Walter Theisler, Attorney Registration No. 
0062582, last known address in Austintown, Ohio, 
is reinstated to the practice of law.

O’Donnell, J., dissents.

2017-447. In re Magee.

On application for retirement or resignation. 
Application denied.

O’Donnell, J., dissents.

2017-0663. Dayton Bar Assn. v. Wilcoxson. On 
certification of default. Clinton Ralph Wilcoxson II, 
Attorney Registration No. 0061974, last known 
business address in Vandalia, Ohio, indefinitely 
suspended from the practice of law.





Supreme Court Case Announcement for June 8, 
2017

CASE ANNOUNCEMENTS

June 8, 2017

[Cite as 06/08/2017 Case Announcements, 2017-
Ohio-4175.]

MISCELLANEOUS DISMISSALS

2017-0464. State ex rel. Cleveland Browns 
Football Co., L.L.C. v. Indus. Comm.

Franklin App. No. 14AP-1031, 2017-Ohio-837. On 
appellant’s application of dismissal. Application 
granted. Cause dismissed.

DISCIPLINARY CASES

2016-1871. In re Resignation of Boston.

On motion to purge contempt. Motion granted.

2017-0341. Mahoning Cty. Bar Assn. v. Verkhlin.

On certification of default. Sua sponte, Mark 
Immanuel Verkhlin, Attorney Registration No. 
0083203, last known address in Talmadge, Ohio, 
is found in contempt for failure to comply with this 
court’s order of April 5, 2017.





Supreme Court Case Announcement for June 7, 
2017

[Cite as 06/07/2017 Case Announcements, 2017-
Ohio-4159.]

MEDIATION MATTERS

2016-1394. Johnson v. Shaker Hts. Mun. Court.

In Mandamus. This case is returned to the regular 
docket under S.Ct.Prac.R. 19.01. Respondent 
shall file a response to the complaint within 21 
days.

2017-0228. Scaglione v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, Nos. 2016-532, 2016-533, 
2016-536, 2016-1331, and 2016-1335. This case 
is returned to the regular docket under 
S.Ct.Prac.R. 19.01. The appellant shall file a brief 
within 40 days, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07. As provided in S.Ct.Prac.R. 16.07, 
the court may dismiss the case or take other 
action if the parties fail to timely file merit briefs.

2017-0389. State ex rel. Armatas v. Haas.

In Prohibition. This case is returned to the regular 
docket under S.Ct.Prac.R. 19.01.

2017-0464. State ex rel. Cleveland Browns 
Football Co., L.L.C. v. Indus. Comm.

Franklin App. No. 14AP-1031, 2017-Ohio-837. 
This case is returned to the regular docket under 
S.Ct.Prac.R. 19.01. The appellant shall file a brief 
within 40 days, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07. As provided in S.Ct.Prac.R. 16.07, 
the court may dismiss the case or take other 
action if the parties fail to timely file merit briefs.

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0631. Kettering City School Dist. Bd. of Edn. 
v. Testa.

Board of Tax Appeals, No. 2016-495.

2017-0636. State ex rel. Penske Truck Leasing 
Co., L.L.P. v. Indus. Comm.

Franklin App. No. 15AP-223, 2017-Ohio-1119.

2017-0637. State ex rel. Sheets v. Indus. Comm.

Franklin App. No. 16AP-22, 2017-Ohio-1169.

2017-0655. Great Lakes Bar Control, Inc. v. Testa.

Board of Tax Appeals, No. 2016-34.

2017-0690. State ex rel. Byington Builders, Ltd. v. 
Indus. Comm.

Franklin App. No. 15AP-407, 2017-Ohio-2623.

2017-0717. Hilliard City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-297.

2017-0736. Value Place Columbus OH N.W., 
L.L.C. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-292.

2017-0737. Vertex Refining OH, L.L.C. v. Franklin 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-545 and 2016-
546.

2017-0738. State ex rel. Gunter v. Indus. Comm.

Franklin App. No. 15AP-562, 2017-Ohio-1571.





OHIO CASE ANNOUNCEMENTS

June 06, 2017

[Cite as 06/06/2017 Case Announcements, 2017-
Ohio-4132.]

MOTION AND PROCEDURAL RULINGS

2017-0442. State ex rel. Mars Urban Solutions, 
L.L.C. v. Cuyahoga Cty. Fiscal Officer.

In Mandamus. On relators’ motion to strike 
respondents’ motion to dismiss. Motion denied. 
Relators may file a response to the motion to 
dismiss within ten days of the date of this entry.

MISCELLANEOUS DISMISSALS

2016-1731. State ex rel. BC South, L.L.C. v. 
Knece.

In Prohibition. On application for dismissal. 
Application granted. Cause dismissed.

2017-0251. State ex rel. Daily Servs., L.L.C. v. 
Buehrer, Adm.

Franklin App. No. 14AP-405, 2016-Ohio-8333. 
Appellee/cross-appellant has not filed a second 
merit brief, due June 1, 2017, in compliance with 
the Rules of Practice of the Supreme Court of 
Ohio and therefore has failed to prosecute this 
cause with the requisite diligence. The cross-
appeal of appellee/cross-appellant is dismissed. 
This cause remains pending on the appeal of 
appellant/cross-appellee.

DISCIPLINARY CASES

2016-0854. Geauga Cty. Bar. Assn. v. Snavely.

On application for reinstatement. Carly L. Snavely, 
Attorney Registration No. 0081569, last known 
address in Chagrin Falls Ohio, reinstated to the 
practice of law.

2017-0359. Disciplinary Counsel v. Lech.

On application for reinstatement. Robert 
Raymond Lech, Attorney Registration No. 
0073078, last known address in Dublin, Ohio, 
reinstated to the practice of law.





OHIO CASE ANNOUNCEMENTS

June 5, 2017

[Cite as 06/05/2017 Case Announcements, 2017-
Ohio-4106.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JUNE 5, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the June 5, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2012-0902. State v. Belton, 149 Ohio St.3d 165, 
2016-Ohio-1581.

2013-1619. State v. Mole, 149 Ohio St.3d 215, 
2016-Ohio-5124.

2014-0803. Walker v. Shondrick-Nau, 149 Ohio 
St.3d 282, 2016-Ohio-5793.

2014-1691. Epic Aviation, L.L.C. v. Testa, 149 
Ohio St.3d 203, 2016-Ohio-3392.

2015-0197. State ex rel. Pietrangelo v. Avon Lake, 
149 Ohio St.3d 273, 2016-Ohio-5725.

2015-0483. Newegg, Inc. v. Testa, 149 Ohio St.3d 
289, 2016-Ohio-7762.

2016-0313. Ohio Manufacturers’ Assn. v. Ohioans 
for Drug Price Relief Act, 149 Ohio St.3d 250, 
2016-Ohio-5377.

16-AP-043. In re Disqualification of Horton, 149 
Ohio St.3d 1201, 2016-Ohio-8594.

16-AP-047. In re Disqualification of Martin, 149 
Ohio St.3d 1202, 2016-Ohio-8595.

16-AP-052. In re Disqualification of Gallagher, 149 
Ohio St.3d 1209, 2016-Ohio-8596.

16-AP-053. In re Disqualification of Sutula, 149 
Ohio St.3d 1205, 2016-Ohio-8597.

16-AP-056. In re Disqualification of Bartolotta, 149 
Ohio St.3d 1211, 2016-Ohio-8585.

16-AP-059. In re Disqualification of Ghiz, 149 
Ohio St.3d 1207, 2016-Ohio-8586.

16-AP-061. In re Disqualification of McKenney, 
149 Ohio St.3d 1213, 2016-Ohio-8598.

16-AP-064. In re Disqualification of Astrab, 149 
Ohio St.3d 1217, 2016-Ohio-8588.

16-AP-065. In re Disqualification of Sutula, 149 
Ohio St.3d 1219, 2016-Ohio-8599.

16-AP-067. In re Disqualification of Fregiato, 149 
Ohio St.3d 1215, 2016-Ohio-8600.

16-AP-075. In re Disqualification of Matia, 149 
Ohio St.3d 1222, 2016-Ohio-8587.

16-AP-076. In re Disqualification of Gall, 149 Ohio 
St.3d 1227, 2016-Ohio-8602.

16-AP-080. In re Disqualification of McGrath, 149 
Ohio St.3d 1224, 2016-Ohio-8601.

16-AP-081. In re Disqualification of Martin, 149 
Ohio St.3d 1225, 2016-Ohio-8603.

16-AP-085. In re Disqualification of VonAllman, 
149 Ohio St.3d 1230, 2016-Ohio-8589.

MOTION AND PROCEDURAL RULINGS

2016-1559. State v. Watkins.

Lucas App. No. L-15-1213, 2016-Ohio-5756. On 
the motion of Tim Dugan to withdraw as counsel 
for appellee. Motion granted. Counsel granted 
leave to file an application for appointed counsel 
fees.





OHIO CASE ANNOUNCEMENTS

June 1, 2017

[Cite as 06/01/2017 Case 
Announcements #2, 2017-Ohio-4090.]

MOTION AND PROCEDURAL RULINGS

2016-0256. Adams v. Testa.

Board of Tax Appeals, No. 2015-
1090. On the joint motion to 
consolidate with 2016-0510, Adams 
v. Testa, for oral argument. Motion 
granted.

Kennedy, O’Neill, and Fischer, JJ., 
would grant each side an additional 
five minutes of oral argument.

2016-0510. Adams v. Testa.

Board of Tax Appeals, No. 2015-
2244. Sua sponte, cause 
consolidated with 2016-0256, Adams 
v. Testa, for oral argument only.

Kennedy, O’Neill, and Fischer, JJ., 
would grant each side an additional 
five minutes of oral argument.





OHIO CASE ANNOUNCEMENTS

June 1, 2017

[Cite as 06/01/2017 Case Announcements, 2017-
Ohio-4060.]

MERIT DECISIONS WITH OPINIONS

2015-0187. Bohlen v. Anadarko E&P Onshore, 
L.L.C., Slip Opinion No. 2017-Ohio-4025.

Washington App. No. 14CA13, 2014-Ohio-5819. 
Judgment affirmed and cause remanded.

O’Connor, C.J., and O’Donnell, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

Kennedy, J., concurs in judgment only.

MOTION AND PROCEDURAL RULINGS

2017-0590. Williamson v. Scioto Twp. Trustees.

Pickaway App. No. 16CA5, 2017-Ohio-1099. On 
appellees’ motion to strike pursuant to 
S.Ct.Prac.R. 3.11(E). Motion denied. Appellees 
may file a memorandum in response within 30 
days.

DISCIPLINARY CASES

2017-0280. Disciplinary Counsel v. Jackson.

Sua sponte, Harry Earl Jackson, Attorney 
Registration No. 0021324, last known business 
address in Mansfield, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before April 24, 2017.





OHIO CASE ANNOUNCEMENTS

May 31, 2017

[Cite as 05/31/2017 Case Announcements, 2017-
Ohio-4038.]

MERIT DECISIONS WITH OPINIONS

2015-0742. Toledo Bar Assn. v. Harvey , Slip 
Opinion No. 2017-Ohio-4022.

On Certified Report by the Board of Professional 
Conduct, No. 2015-004. Beauregard Maximillion 
Harvey, Attorney Registration No. 0078717, is 
hereby permanently disbarred from the practice of 
law.

O’Connor, C.J., and O’Donnell, Fischer, and 
DeWine, JJ., concur.

Kennedy, French, and O’Neill, JJ., dissent and 
would indefinitely suspend the respondent and 
deny credit for time served under other 
suspensions.

2016-1243. In re Application of Coll , Slip Opinion 
No. 2017-Ohio-4023.

On Report by the Board of Commissioners on 
Character and Fitness, No. 643. Shamir Lee Coll’s 
application for admission to the practice of law in 
Ohio is disapproved, but he may apply to take the 
July 2018 bar examination.

Kennedy, French, O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Donnell, J., concurs in part and dissents in part, 
with an opinion joined by O’Connor, C.J.

MERIT DECISIONS WITHOUT OPINIONS

2016-0747. State ex rel. Beavercreek Twp. Fiscal 
Officer v. Graff.

In Mandamus. On motion to dismiss. Motion 
denied. Alternative writ granted. Briefing schedule 
set for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents.

2016-1776. State ex rel. Hogan Lovells US, L.L.P. 
v. Ohio Dept. of Rehab. & Corr.

In Mandamus. On motion to dismiss. Motion 
denied. Alternative writ granted. Briefing schedule 
set for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0237. Turner v. State.

In Habeas Corpus. Sua sponte, cause dismissed. 
On petitioner’s motion to be conveyed and motion 
to dismiss all cases or charges. Motions denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0288. State ex rel. Dillard v. Burge.

In Mandamus. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0350. State ex rel. Griffin v. Greene.

In Mandamus. On motion to dismiss. Motion 
denied. Alternative writ granted. Briefing schedule 
set for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

Attorney Albert G. Lin is appointed to represent 
relator, pro bono.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0352. State ex rel. Walker v. Erdos.

In Mandamus. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0385. Ackerman v. Bank of New York 
Mellon.

Miscellaneous case. On respondent’s motion to 
dismiss. Motion granted. Cause dismissed. On 
relator’s motion for immediate expedited stay of 
sale proceedings and stay of collections. Motions 
denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0417. State ex. rel. Lopez v. Summit Cty. 
Clerk of Courts.

In Mandamus. On respondent’s motion to dismiss. 
Motion denied. Alternative writ granted. Briefing 
schedule set for presentation of evidence and 
filing of briefs pursuant to S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., concurs in part and dissents in part 
and would grant the motion to dismiss.

2017-0419. Tucker v. Frary.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0435. Jones v. Krueger.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0454. Briscoe v. Eppinger.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0456. State ex rel. Burse v. Fisher [sic].

In Prohibition. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
and O’Neill, JJ., concur.

Fischer and DeWine, JJ., not participating.

MOTIONS AND PROCEDURAL RULINGS

2017-0437. State v. Harris.

Cuyahoga App. No. 99919, 2014-Ohio-925. On 
motion for leave to file delayed appeal. Motion 
denied.

2017-0455. State v. Howard.

Richland App. No. 15CA26, 2016-Ohio-4786. On 
motion for leave to file delayed appeal. Motion 
denied.

2017-0466. State v. Allen.

Lucas App. No. L-14-1078, 2016-Ohio-2742. On 
motion for leave to file delayed appeal. Motion 
denied.

2017-0479. JP Morgan Chase Bank, N.A. v. 
Liggins.

Franklin App. No. 15AP-242, 2016-Ohio-3528. On 
motion for stay pending appeal. Motion denied. 
On motion to cancel sheriff’s sale. Motion denied.

French, J., not participating

2017-0498. State v. Mosher.

Pike App. No. 10CA815. On motion for leave to 
file delayed appeal. Motion denied.

2017-0502. State v. Walker.

Crawford App. No. 3-16-07. On motion for leave 
to file delayed appeal. Motion denied.

O’Neill, J., dissents.

2017-0581. Hashash v. Food Mart Plus, Inc.

Cuyahoga App. No. 104552, 2017-Ohio-1158. On 
motion for stay of court of appeals’ decision. 
Motion granted and bond posted with trial court 
continued.

O’Connor, C.J., and O’Donnell and DeWine, JJ., 
dissent.

APPEALS ACCEPTED FOR REVIEW

2016-1629. Thomasson v. Thomasson.

Cuyahoga App. No. 104579.

O’Donnell and DeWine, JJ., dissent.

2017-0032. State v. Stevens.

Muskingum App. No. CT2016-0055, 2016-Ohio-
8568. Discretionary appeal accepted and held for 
decision in 2016-0215, State v. Grimes, and 
briefing schedule stayed.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1559. State v. Watkins .

Lucas App. No. L-15-1213, 2016-Ohio-5756.

O’Donnell and O’Neill, JJ., dissent.

2016-1561. Leibowitz v. State Farm Ins. Co.

Summit App. No. 27863, 2016-Ohio-5690.

O’Neill, J., dissents.

2016-1564. Nick v. Cooper.

Franklin App. No. 15AP-1109, 2016-Ohio-5678.

O’Donnell, J., dissents.

2016-1565. State v. Hopper.

Licking App. Nos. 15-CA-92, 15-CA-93, 15-CA-
94, 15-CA-95, and 15-CA-96, 2016-Ohio-5760.

2016-1567. Thyroff v. Nationwide Mut. Ins. Co.

Franklin App. No. 15AP-1043, 2016-Ohio-5715.

2016-1570. State v. Bolton.

Cuyahoga App. No. 103628, 2016-Ohio-5706.

French, J., dissents.

2016-1573. State v. Sylvester.

Cuyahoga App. No. 103841, 2016-Ohio-5710.

2016-1577. State v. Cockrell.

Hamilton App. No. C-150497, 2016-Ohio-5797.

O’Connor, C.J., and O’Neill, J., dissent and would 
accept the cause on proposition of law No. III and 
hold the cause for the decision in 2015-0677, 
State v. Aalim.

DeWine, J., not participating.

2016-1578. State v. Chappell.

Hamilton App. No. C-150504.

O’Connor, C.J., dissents and would accept the 
cause on proposition of law Nos. II and III and 
hold the cause on proposition of law No. III for the 
decision in 2015-0677, State v. Aalim.

O’Neill, J., dissents and would accept the cause 
and hold it for the decision in 2015-0677, State v. 
Aalim.

DeWine, J., not participating.

2016-1585. State v. Bangera.

Geauga App. No. 2015-G-0021, 2016-Ohio-4596.

2016-1586. Goodrich Corp. v. PolyOne Corp.

Summit App. No. 27691, 2016-Ohio-1068.

French, J., dissents and would accept the appeal 
and cross-appeal.

2016-1590. State v. Speed.

Cuyahoga App. No. 103953. Motion to dismiss 
denied as moot.

O’Donnell, J., dissents.

French, J., dissents and would grant the motion to 
dismiss.

2016-1594. State v. Gray.

Montgomery App. No. 26473, 2016-Ohio-5869.

O’Neill, J., dissents.

2016-1601. In re D.L.

Cuyahoga App. No. 103553, 2016-Ohio-5834.

2016-1603. Vetor v. Cliffs Natural Resources, Inc.

Cuyahoga App. No. 104023, 2016-Ohio-5846.

2016-1604. State v. Haugabrook.

Cuyahoga App. No. 103693, 2016-Ohio-5838.

O’Donnell, J., dissents.

2016-1605. State v. Manning.

Cuyahoga App. No. 103879, 2016-Ohio-5841.

2016-1606. State v. Scarberry.

Franklin App. No. 15AP-775, 2016-Ohio-7065.

DeWine, J., dissents.

2016-1607. Glenn v. Columbus.

Franklin App. No. 16AP-15, 2016-Ohio-7011.

Kennedy, J., dissents.

2016-1611. State v. Thurman.

Meigs App. No. 15CA4, 2016-Ohio-7254.

2016-1612. Stepp v. Medina City School Dist. Bd. 
of Edn.

Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Motion to consolidate denied.

O’Donnell, Kennedy, and French, JJ., dissent.

2016-1616. State v. Tannert.

Cuyahoga App. No. 103550, 2016-Ohio-7046.

2016-1626. State v. Elifritz.

Preble App. No. CA2016-02-002, 2016-Ohio-
7193.

2016-1627. Flynn v. State Med. Bd. of Ohio.

Franklin App. No. 16AP-29, 2016-Ohio-5903.

O’Donnell, J., dissents.

French, J., not participating.

2016-1637. State v. Weimer.

Lake App. No. 2013-L-005, 2016-Ohio-3116.

2016-1645. State v. Geary.

Hamilton App. No. 160195, 2016-Ohio-7001.

Fischer, J., not participating.

2016-1650. State v. Sands.

Lake App. No. 2015-L-134, 2016-Ohio-7150.

2016-1655. State v. Gaver.

Stark App. No. 2015CA00204, 2016-Ohio-7055.

French, J., not participating.

2016-1663. Rownd v. Marcelli.

Stark App. No. 2015 CA 00154, 2016-Ohio-7142.

Kennedy and O’Neill, JJ., dissent.

2016-1673. US Bank, Natl. Assn. v. Parker.

Knox App. No. 15-CA-16.

Kennedy, J., dissents.

2016-1676. State v. Barker.

Hamilton App. No. C-130214, 2016-Ohio-7059.

O’Connor, C.J., and O’Neill, J., dissent.

DeWine, J., not participating.

2016-1681. State v. Johnson.

Scioto App. No. 16CA3733, 2016-Ohio-7036.

French, O’Neill, and Fischer, JJ., dissent.

2016-1703. State v. Angel.

Hamilton App. No. C-150533.

Fischer, J., not participating.

2016-1706. State v. Dominguez.

Hamilton App. No. C-150710.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.

2016-1715. In re L.S.

Hamilton App. No. C-150526, 2016-Ohio-5582.

French, J., dissents.

Fischer, J., not participating.

2016-1721. State v. Shalash.

Hamilton App. No. C-150614.

Fischer and DeWine, JJ., not participating.

2016-1735. State v. Simes.

Cuyahoga App. No. 103672, 2016-Ohio-7300.

French, J., dissents.

2016-1746. State v. Sferro.

Medina App. No. 15CA0035-M, 2016-Ohio-7257.

2016-1806. Stepp v. Medina City School Dist. Bd. 
of Edn.

Medina App. Nos. 15CA0071-M and 15CA0073-
M, 2016-Ohio-5875. Motion to consolidate denied.

O’Donnell, Kennedy, and French, JJ., dissent.

2017-0013. State v. Shaw.

Clermont App. No. CA2016-09-064.

2017-0018. Evans v. Quest Diagnostics, Inc.

Hamilton App. No. C-160370.

Fischer and DeWine, JJ., not participating.

2017-0019. State v. Profanchik.

Mahoning App. No. 16 MA 0175.

2017-0023. State v. Shank.

Medina App. No. 14CA0090-M, 2016-Ohio-7819.

DeWine, J., dissents and would accept the cause 
on proposition of law No. IV.

2017-0031. State v. Mann.

Sandusky App. No. S-16-039.

2017-0036. State v. Cowan.

Cuyahoga App. No. 103855, 2016-Ohio-8045.

2017-0069. State v. King.

Muskingum App. No. CT2015-0058, 2016-Ohio-
2788.

2017-0083. State v. Norfleet.

Coshocton App. No. 2016CA0009, 2016-Ohio-
8236.

2017-0095. State v. Underwood.

Hamilton App. No. C-150380.

Fischer and DeWine, JJ., not participating.

2017-0097. Deutsche Bank Natl. Trust Co. v. 
Taylor.

Summit App. No. 28069, 2016-Ohio-7090.

2017-0111. State v. Walker.

Richland App. No. 09CA88, 2016-Ohio-8615.

2017-0113. State v. Conley.

Marion App. No. 9-16-10, 2016-Ohio-8408.

2017-0116. State v. Hopkins.

Butler App. No. CA2016-09-178.

2017-0117. State v. Wade.

Jefferson App. No. 14 JE 0036, 2016-Ohio-8546.

2017-0123. Abrams v. Grenny Properties, L.L.C.

Cuyahoga App. No. 104452, 2016-Ohio-8303.

2017-0126. State v. Barnes.

Muskingum App. No. CT2016-0024, 2016-Ohio-
8247.

2017-0127. State v. Chapman.

Cuyahoga App. No. 104379, 2016-Ohio-8151.

2017-0128. State v. Moody.

Montgomery App. No. 26926, 2016-Ohio-8366.

2017-0130. State v. Dodson.

Franklin App. No. 16AP-160, 2016-Ohio-5953.

2017-0134. State v. Carter.

Cuyahoga App. No. 104351, 2016-Ohio-8150.

O’Donnell, Fischer, and DeWine, JJ., dissent.

2017-0136. State v. Poulton.

Muskingum App. No. CT2016-0023, 2017-Ohio-
60.

2017-0144. State v. Freeman.

Cuyahoga App. No. 103660, 2016-Ohio-8143.

2017-0151. State v. Green.

Trumbull App. No. 2016-T-0101, 2017-Ohio-160.

2017-0158. State v. Kelly.

Athens App. No. 15CA11, 2016-Ohio-8582.

O’Donnell, J., dissents.

2017-0170. Krohn v. Krohn.

Wood App. No. WD-16-010, 2016-Ohio-8379.

2017-0172. State v. Dennison.

Franklin App. No. 15AP-592, 2016-Ohio-8361.

2017-0189. State v. Degenero.

Trumbull App. No. 2015-T-0104, 2016-Ohio-8514.

2017-0242. State ex rel. Curtis v. Vital Statistics 
Registrar Brown Cty. Health Dept.

Brown App. No. CA2017-01-001.

French, J., dissents.

2017-0262. State v. Warman.

Butler App. No. CA2016-02-029, 2017-Ohio-244.

2017-0329. State v. Finnell.

Hamilton App. Nos. C-140547 and C-140548.

2017-0335. State v. Connally.

Franklin App. No. 16AP-53.

2017-0340. State v. Jackson.

Lorain App. No. 14CA010555.

2017-0349. State v. Milner.

Erie App. No. E-14-113.

2017-0394. State v. Fishel.

Stark App. No. 2016 CA 00037.

2017-0407. State v. Nitsche.

Cuyahoga App. No. 103174, 2017-Ohio-529.

2017-0441. State v. Black.

Cuyahoga App. No. 102586, 2017-Ohio-953.

2017-0444. State v. Worley.

Cuyahoga App. No. 103105, 2017-Ohio-649.





OHIO CASE ANNOUNCEMENTS

May 30, 2017

[Cite as 05/30/2017 Case Announcements, 2017-
Ohio-4024.]

MERIT DECISIONS WITH OPINIONS

2014-0989. State v. Roberts, Slip Opinion No. 
2017-Ohio-2998.

Trumbull C.P. No. 2001 CR 793. Judgment 
affirmed.

O’Donnell, Kennedy, French, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., concurs in judgment only.

O’Neill, J., concurs in part and dissents in part, for 
the reasons set forth in his dissenting opinion in 
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900.

2015-0313. Moskowitz v. Cuyahoga Cty. Bd. of 
Revision, Slip Opinion No. 2017-Ohio-4002.

Board of Tax Appeals, No. 2014-1160. Decision 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2015-1697. State ex rel. Bonnlander v. Hamon, 
Slip Opinion No. 2017-Ohio-4003.

Franklin App. No. 14AP-855, 2015-Ohio-4038. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1490. Disciplinary Counsel v. Peck, Slip 
Opinion No. 2017-Ohio-2961.

On Certified Report by the Board of Professional 
Conduct, No. 2015-067. Gregory Lawrence Peck, 
Attorney Registration No. 0040211, suspended 
from the practice of law for six months, with the 
entire suspension stayed on conditions.

Kennedy, J., not participating.

MOTION AND PROCEDURAL RULINGS

2017-0169. Brinker v. Frontier N., Inc.

Summit App. No. 27962, 2016-Ohio-8279. On 
appellee’s motion to strike notice of appeal and 
memorandum in support of jurisdiction. Motion 
denied. Appellee may file a memorandum in 
response within 30 days.

MISCELLANEOUS DISMISSALS

2017-0559. State ex rel. Cobb v. Adult Parole 
Auth.

Franklin App. No. 16AP-199, 2017-Ohio-1170. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

May 26, 2017

[Cite as 05/26/2017 Case Announcements, 2017-
Ohio-3002.]

MOTION AND PROCEDURAL RULINGS

2017-0428. MNH Truck Leasing Co., L.L.C. v. 
Director, Ohio Dept. of Job & Family Servs.

Franklin App. Nos. 16AP-301, 16AP-302, and 
16AP-303, 2017-Ohio-442. On appellant’s motion 
to consolidate cases and motion for mediation. 
Motions denied.

2017-0436. In re Complaint of Harris Design 
Servs. v. Columbia Gas of Ohio, Inc.

Public Utilities Commission, No. 15-405-GA-CSS. 
On motion of Columbia Gas of Ohio, Inc., for 
leave to intervene as appellee. Motion granted.





OHIO CASE ANNOUNCEMENTS

May 25, 2017

[Cite as 05/25/2017 Case Announcements, 2017-
Ohio-2977.]

MERIT DECISIONS WITH OPINIONS

2015-0677. State v. Aalim, Slip Opinion No. 2017-
Ohio-2956.

Montgomery App. No. 26249, 2015-Ohio-892. On 
motion for reconsideration. Motion for 
reconsideration granted and judgment affirmed.

O’Donnell, Kennedy, French, and DeWine, JJ., 
concur.

DeWine, J., concurs, with an opinion joined by 
O’Donnell, J.

Fischer, J., concurs in part and dissents in part, 
with an opinion.

O’Connor, C.J., dissents, with an opinion joined 
by O’Neill, J.

O’Neill, J., dissents, with an opinion.

MOTION AND PROCEDURAL RULINGS

2017-0173. In re Adoption of P.L.H.

Butler App. No. CA2016-09-185, 2016-Ohio-8453. 
On motion of amicus curiae birth mother to 
participate in oral argument scheduled for 
Wednesday, June 21, 2017. Motion granted. 
Amicus curiae shall share the time allotted to 
appellees.

DISCIPLINARY CASES

2004-2112 and 2008-0772. Cuyahoga Cty. Bar 
Assn. v. Freedman.

On respondent’s amended application for 
reinstatement. Steven Alan Freedman, Attorney 
Registration No. 0025528, last known address in 
Mayfield Heights, Ohio, reinstated to the practice 
of law.

2016-1333. Disciplinary Counsel v. Brumbaugh.

On certification of default. Jeffrey Shane 
Brumbaugh, Attorney Registration No. 0074102, 
last known business address in Troy, Ohio, 
indefinitely suspended from the practice of law.

2017-0460. Lake Cty. Bar Assn. Unauthorized 
Practice of Law Commt. v. Pavlish.

On relator’s motion to show cause. Motion 
granted. Respondent found in contempt.





Supreme Court Case Announcement for May 24, 
2017


CASE ANNOUNCEMENTS


[Cite as 05/24/2017 Case Announcements, 2017-
Ohio-2951.]

MERIT DECISIONS WITH OPINIONS

2016-0215. State v. Grimes, Slip Opinion No. 
2017-Ohio-2927.

Muskingum App. No. CT2015-0026, 2015-Ohio-
3497. Judgment reversed, trial court’s judgment 
reinstated, and cause remanded.

O’Connor, C.J., and O’Donnell, O’Neill, and 
Fischer, JJ., concur.

Kennedy, J., concurs in judgment only, with an 
opinion.

French, J., concurs in judgment only, with an 
opinion.

DeWine, J., concurs in judgment only, with an 
opinion.

2016-0440 and 2016-0441. State v. Mutter, Slip 
Opinion No. 2017-Ohio-2928.

Scioto App. Nos. 15CA3690 and 15CA3691, 
2016-Ohio-512. Judgment reversed.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., concurs in judgment only.

MOTION AND PROCEDURAL RULINGS

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. On 
appellant’s motion to strike the court’s January 6, 
2017 notice of filing of record, motion to complete 
the record with omitted transcripts at state 
expense, and motion to order Cuyahoga County 
clerk to complete the record. Motions granted.

The Clerk of the Cuyahoga County Court of 
Common Pleas shall supplement the record in 
this appeal with the record from Cuyahoga County 
Court of Common Pleas case No. CR-13-576472 
within 45 days.

The briefing schedule in this case is stayed, and 
upon the filing of the supplemental record, the 
parties shall restart the briefing in this case in 
accordance with the deadlines set forth in 
S.Ct.Prac.R. 11.05.

2016-1116. Lightning Rod Mut. Ins. Co. v. 
Southworth.

Scioto App. No. 15CA3704, 2016-Ohio-3473. On 
appellee’s motion to strike late reply brief of 
appellant. Motion denied.

2016-1307. LGR Realty, Inc. v. Frank & London 
Ins. Agency.

Franklin App. No. 15AP-1072. On motion for 
admission pro hac vice of Syed S. Ahmad. Motion 
granted. Pursuant to Gov.Bar R. XII(4), counsel 
shall file a notice of permission to appear pro hac 
vice with the Supreme Court’s Office of Attorney 
Services within 30 days.

2016-1668. State ex rel. Hunley v. Dept. of 
Rehab. & Corr.

Franklin App. No. 15AP-593. On appellant’s 
memorandum in support of jurisdiction. This 
cause originated in the court of appeals and 
therefore should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

The clerk shall issue an order for the transmission 
of the record from the Court of Appeals for 
Franklin County, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07.

2017-0173. In re Adoption of P.L.H.

Butler App. No. CA2016-09-185, 2016-Ohio-8453. 
On motion for admission pro hac vice of Mary M. 
Beck. Motion granted. Pursuant to Gov.Bar R. 
XII(4), counsel shall file a notice of permission to 
appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days.

MISCELLANEOUS DISMISSALS

2017-0109. State ex rel. Cook v. Indus. Comm.

Franklin App. No. 15AP-1025, 2016-Ohio-8497. 
On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2017-0356. State ex rel. Franklin v. Stark Cty. 
Dept. of Job & Family Servs.

Stark App. No. 2016CA00109. Appellant has not 
filed a merit brief, due May 15, 2017, in 
compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore has failed to 
prosecute this cause with the requisite diligence. 
Cause dismissed.

2017-0367. State ex rel. Matthews v. Haviland.

Allen App. No. 1-16-54. Appellant has not filed a 
merit brief, due May 16, 2017, in compliance with 
the Rules of Practice of the Supreme Court of 
Ohio and therefore has failed to prosecute this 
cause with the requisite diligence. Cause 
dismissed.





OHIO CASE ANNOUNCEMENTS

May 23, 2017

[Cite as 05/23/2017 Case Announcements, 2017-
Ohio-2936.]

MERIT DECISIONS WITH OPINIONS

2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc., Slip Opinion No. 2017-Ohio-2923.

Franklin App. No. 14AP-717, 2015-Ohio-3593. 
Judgment affirmed.

O’Connor, C.J., and French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Donnell and Kennedy, JJ., dissent and would 
schedule oral argument and issue a ruling on the 
merits following oral argument.

2016-1496. Disciplinary Counsel v. Hoskins, Slip 
Opinion No. 2017-Ohio-2924.

On Certified Report by the Board of Professional 
Conduct, No. 2015-077. Robert Hansford 
Hoskins, Attorney Registration No. 0068550, 
permanently disbarred from the practice of law.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.

DISCIPLINARY CASES

2016-0845. Cleveland Metro. Bar Assn. v. King.

On order to show cause. Matthew Joseph King, 
Attorney Registration No. 0067189, found in 
contempt for failure to comply with this court’s 
December 21, 2016 suspension order. Previously 
imposed stay of suspension revoked. Respondent 
suspended from the practice of law.





Rule Changes Allow Supreme Court Direct 
Appeal for Capital Offender Denied DNA Testing

By Bret Crow | May 22, 2017

A person sentenced to death will be able to 
appeal the rejection of an application for DNA 
testing directly to the Ohio Supreme Court under 
new rules adopted today by the Supreme Court.

The rule changes are the result of a 2016 case 
(State v. Noling) in which the Court found that part 
of the state law that limits the appeals of capital 
offenders seeking DNA testing after a conviction is 
unconstitutional.

The amendments to the Rules of Practice of the 
Supreme Court of Ohio, which take effect June 1, 
allow for filing an appeal of right from a common 
pleas court decision that rejects an application for 
DNA testing for an offender sentenced to death.

The amendments, which take effect June 1, 
define a new case type in Rule 5.01, specify how 
to file the appeal in Rule 6.01, and indicate that 
there are no page limits for the briefs in Rules 
16.02-16.05.





OHIO CASE ANNOUNCEMENTS

May 22, 2017

[Cite as 05/22/2017 Case Announcements, 2017-
Ohio-2910.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF MAY 22, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the May 22, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2012-1644. State v. Jackson, 149 Ohio St.3d 55, 
2016-Ohio-5488.

2014-1389. Cleveland Metro. Bar Assn. v. Zoller 
and Mamone, 149 Ohio St.3d 125, 2016-Ohio-
7639.

2014-1560. State v. Barker, 149 Ohio St.3d 1, 
2016-Ohio-2708.

2014-1669. Lunn v. Lorain Cty. Bd. of Revision, 
149 Ohio St.3d 137, 2016-Ohio-8075.

2014-1794. Emerson v. Erie Cty. Bd. of Revision, 
149 Ohio St.3d 148, 2017-Ohio-865.

2014-1814. State v. Hand, 149 Ohio St.3d 94, 
2016-Ohio-5504.

2014-1820. Johnston Coca-Cola Bottling Co., Inc. 
v. Hamilton Cty. Bd. of Revision, 149 Ohio St.3d 
155, 2017-Ohio-870.

2014-1836. Corrigan v. Testa, 149 Ohio St.3d 18, 
2016-Ohio-2805.

2015-1470. State ex rel. Ford v. Ruehlman, 149 
Ohio St.3d 34, 2016-Ohio-3529.

2016-0074. Curtis v. Bunting, 149 Ohio St.3d 123, 
2016-Ohio-7431.

2016-0304. State ex rel. Rohrer v. Holzapfel, 149 
Ohio St.3d 132, 2016-Ohio-7827.

2016-0853. Columbiana Cty. Bar Assn. v. 
Barborak, 149 Ohio St.3d 143, 2016-Ohio-8167.

2016-1235. State ex rel. Jones v. Husted, 149 
Ohio St.3d 110, 2016-Ohio-5752.

MERIT DECISIONS WITH OPINIONS

2016-0623. Schultheiss v. Heinrich Ents., Inc., 
Slip Opinion No. 2017-Ohio-2895.

Washington App. No. 15CA20, 2016-Ohio-121. 
Cause dismissed as having been improvidently 
accepted.

O’Donnell, French, O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Connor, C.J., and Kennedy, J., dissent.

2016-0636. Rush v. Univ. of Cincinnati Physicians, 
Inc., Slip Opinion No. 2017-Ohio-2896.

Hamilton App. No. C-150309, 2016-Ohio-947. 
Cause dismissed as having been improvidently 
accepted.

O’Connor, C.J., and Kennedy, O’Neill, Fischer, 
and Singer, JJ., concur.

O’Donnell and French, JJ., dissent and would 
affirm the judgment of the court of appeals.

Arlene Singer, J., of the Sixth District Court of 
Appeals, sitting for DeWine, J.

MOTION AND PROCEDURAL RULINGS

2015-1715. In re Application of Buckeye Wind, 
L.L.C.

Power Siting Board, Nos. 08-666-EL-BGN and 
13-360-EL-BGA. On the joint motion of appellants 
and intervening appellee, Buckeye Wind, L.L.C., 
to stay cause. Motion granted in part. Cause 
stayed for 30 days.





OHIO CASE ANNOUNCEMENTS

May 19, 2017

[Cite as 05/19/2017 Case Announcements, 2017-
Ohio-2876.]

MOTION AND PROCEDURAL RULINGS

2017-0173. In re Adoption of P.L.H.

Butler App. No. CA2016-09-185. On motion for 
admission pro hac vice of Mary M. Beck. Motion 
granted. Pursuant to Gov.Bar R. XII(4), counsel 
shall file a notice of permission to appear pro hac 
vice with the Supreme Court’s Office of Attorney 
Services within 30 days.

2017-0412. In re Application of Black Fork Wind 
Energy, L.L.C.

Power Siting Board, No. 10-8265-EL-BGN. On 
appellee’s motion to suspend briefing schedule. 
Motion granted.

DISCIPLINARY CASES

2016-0259. Disciplinary Counsel v. Simmonds.

Sua sponte, Rasheed Asani Simmonds, Attorney 
Registration No. 0067797, last known business 
address in Cincinnati, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before April 10, 2017.

2017-0193. Cincinnati Bar Assn. v. May.

Sua sponte, Neal Allen May, Attorney Registration 
No. 0062317, last known business address in 
Cincinnati, Ohio, found in contempt for failure to 
file an affidavit of compliance on or before April 
12, 2017.

2017-0210. Disciplinary Counsel v. Edmondson.

Sua sponte, Christina Rose Edmondson, Attorney 
Registration No. 0080214, last known business 
address in Hebron, Kentucky, found in contempt 
for failure to file an affidavit of compliance on or 
before April 12, 2017.

MISCELLANEOUS DISMISSALS

2016-1497. Lakewood City Schools Bd. of Edn. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-177. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

May 18, 2017

[Cite as 05/18/2017 Case 
Announcements, 2017-Ohio-2846.]

MERIT DECISIONS WITH OPINIONS

2015-1993. Clendenin v. Girl Scouts 
of W. Ohio, Slip Opinion No. 2017-
Ohio-2830.

Hamilton App. No. C-140658, 2015-
Ohio-4506. Judgment reversed and 
cause dismissed.

O’Connor, C.J., and Kennedy, 
French, O’Neill, Gallagher, and 
Delaney, JJ., concur.

O’Donnell, J., concurs in judgment 
only.

Sean C. Gallagher, Eighth District 
Court of Appeals, sitting for 
Fischer, J.

Patricia A. Delaney, Fifth District 
Court of Appeals, sitting for 
DeWine, J.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the 
following judicial-disqualification 
opinions, which were previously 
issued as entries in response to 
affidavits of disqualification 
filed pursuant to R.C. 2701.03.

17-AP-008. In re Disqualification 
of Patton, Slip Opinion No. 2017-
Ohio-2839 (decided Feb. 16, 2017).

17-AP-014. In re Disqualification 
of Eighth Dist. Court of Appeals, 
Slip Opinion No. 2017-Ohio-2840 
(decided Mar. 27, 2017).

MEDIATION MATTERS

The following cases have been 
referred to mediation pursuant to 
S.Ct.Prac.R. 19.01(A).

2017-0563. State ex rel. St. Clair 
Twp. Bd. of Trustees v. Barnes.

In Mandamus.

2017-0589. State ex rel. Klein v. 
Precision Excavating & Grading Co.

Franklin App. No. 15AP-908, 2017-
Ohio-1020.

The following cases have been 
returned to the regular docket 
under S.Ct.Prac.R. 19.01. The 
appellants in each case shall file 
a brief within 40 days, and the 
parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 
through 16.07. As provided in 
S.Ct.Prac.R. 16.07, the court may 
dismiss these cases or take other 
action if the parties fail to 
timely file merit briefs.

2016-1712. HCP EMOH, L.L.C. v. 
Washington Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-700.

2017-0043. Northland-4, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-136.

2017-0049. State ex rel. Young v. 
Butler Cty. Personnel Office.

Franklin App. No. 15AP-1035, 2016-
Ohio-8341.





Supreme Court Case Announcement for 
May 17, 2017


[Cite as 05/17/2017 Case 
Announcements, 2017-Ohio-2822.]

MERIT DECISIONS WITH OPINIONS

2015-1581. Ohio Patrolmen’s 
Benevolent Assn. v. Findlay, Slip 
Opinion No. 2017-Ohio-2804.

Cuyahoga App. No. 102282, 2015-
Ohio-3234. Judgment reversed and 
cause remanded.

O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., 
concur.

O’Connor, C.J., dissents, with an 
opinion.

2016-1187. Johnson v. Madison Cty. 
Court of Common Pleas, Slip Opinion 
No. 2017-Ohio-2805.

Madison App. No. CA2016-03-013. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2016-1829. Disciplinary Counsel v. 
Miller, Slip Opinion No. 2017-Ohio-
2821.

On Certified Report by the Board of 
Professional Conduct, No. 2016-023. 
J. Greg Miller, Attorney 
Registration No. 0446855, is hereby 
suspended from the practice of law 
for 12 months, with the entire 
suspension stayed.

O’Connor, C.J., and Kennedy, 
French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Donnell, J., dissents and would 
remand the cause to the Board of 
Professional Conduct to reconsider 
the sanction to be imposed on 
respondent.

MERIT DECISIONS WITHOUT OPINIONS

2016-1857. State ex rel. Taylor v. 
Nobles. In Habeas Corpus. Sua 
sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2016-1899. Thomas v. Jenkins. In 
Habeas Corpus. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2016-1908. Johnson v. Sloan. In 
Habeas Corpus. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0163. State ex rel. Blair v. 
Ohio Adult Parole Bd. In Mandamus. 
On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0177. Lucas v. Marshall. In 
Habeas Corpus. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0187. State ex rel. Stinson v. 
Cass. In Mandamus. On S.Ct.Pract.R. 
12.04 determination. Cause 
dismissed. On motion for order of 
allowance. Motion denied.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0224. Cook v. Clerk of Appeals 
Court Summit Cty. Ninth Judicial 
Dist.

In Mandamus. On motion to dismiss. 
Motion granted. Cause dismissed.

O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., 
concur. O’Connor, C.J., not 
participating.

2017-0239. Sudberry v. Schweitzer.

In Habeas Corpus. On petitioner’s 
supplemental add/joinder motion. 
Motion denied. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0240. State ex rel. Darrington 
v. Franklin Cty. Common Pleas 
Court.

In Mandamus and Procedendo. On 
motion to dismiss. Motion granted. 
Cause dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0252. State ex rel. McDuffie 
v. Strickland Saffold.

In Mandamus. On motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0312. Quinnie v. Keough.

In Mandamus. On motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

2017-0333. Rasheed v. Rothgery.

In Mandamus. On S.Ct.Pract.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and Kennedy, 
French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Donnell, J., dissents.

2017-0377. Page v. Franklin Cty. 
Probate Court.

In Prohibition. On motion to 
expedite. Motion denied. On motion 
to dismiss. Motion granted. Cause 
dismissed.

O’Connor, C.J., and O’Donnell, 
Kennedy, French, O’Neill, Fischer, 
and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

1987-1674. State v. Broom.

Cuyahoga App. No. 51237. On motion 
to set execution date. Motion 
granted.

O’Neill, J., dissents for the 
reasons set forth in his dissenting 
opinion in State v. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 
N.E.2d 900.

2011-2005. State v. Dean.

Clark App. No. 05-CR-348. On 
application for reopening under 
S.Ct. Prac. R. 11.06. Application 
denied. On motion to strike 
opposition to application for 
reopening. Motion denied.

2017-0305. State v. Steed.

Wood App. No. WD-15-069, 2016-Ohio-
8088. On motion for leave to file 
delayed appeal. Motion granted. 
Appellant shall file a memorandum 
in support of jurisdiction within 
30 days of the date of this entry.

O’Donnell and French, JJ., dissent.

2017-0307. State v. Rock.

Lake App. No. 2016-L-088, 2016-
Ohio-7445. On motion for leave to 
file delayed appeal. Motion denied.

O’Neill, J., dissents.

2017-0358. State v. Hunter.

Erie App. No. E-16-058. On motion 
for leave to file delayed appeal. 
Motion denied.

2017-0362. State v. Rock.

Lake App. No. 2016-L-011, 2016-
Ohio-8516. On motion for leave to 
file delayed appeal. Motion denied.

Kennedy and Fischer, JJ., dissent.

2017-0366. State v. Toyer.

Lucas App. No. L-12-1299, 2014-
Ohio-4338. On motion for leave to 
file delayed appeal. Motion denied.

2017-0382. State v. Durham.

Cuyahoga App. Nos. 103352 and 
103382, 2016-Ohio-7394. On motion 
for leave to file delayed appeal. 
Motion denied.

2017-0393. State v. Ashley.

Cuyahoga App. No. 104305, 2017-
Ohio-188. On motion for leave to 
file delayed appeal. Motion denied.

2017-0401. State v. Goss.

Ashland App. Nos. 16 COA 023 and 16 
COA 024, 2017-Ohio-161. On review 
of order certifying a conflict. It 
is determined that no conflict 
exists within the meaning of 
S.Ct.Prac.R. 8.02. Cause dismissed.

O’Donnell, O’Neill, and Fischer, 
JJ., dissent.

2017-0406. State v. Ronny.

Cuyahoga App. No. 102968, 2016-
Ohio-3448. On motion for leave to 
file delayed appeal. Motion denied.

O’Neill, J., dissents.

2017-0408. State v. Smith.

Ashtabula App. No. 2015-A-0027, 
2016-Ohio-8420. On motion for leave 
to file delayed appeal. Motion 
granted. Appellant shall file a 
memorandum in support of 
jurisdiction within 30 days of the 
date of this entry.

O’Donnell, French, and Fischer, 
JJ., dissent.

2017-0420. State v. Medina.

Cuyahoga App. No. 104826. On motion 
for leave to file delayed appeal. 
Motion denied.

2017-0423. In re R.H.

Cuyahoga App. No. 104455, 2017-
Ohio-467. On motion for stay and 
limited remand to the Eighth 
District Court of Appeals. Motion 
denied.

O’Donnell and Fischer, JJ., 
dissent.

2017-0472. Kettering Health Network 
v. CareSource.

Montgomery App. No. 27233, 2017-
Ohio-1193. On motion to stay 
execution of court of appeals’ 
judgment. Motion granted and bond 
posted with trial court continued.

APPEALS ACCEPTED FOR REVIEW

2016-1442. In re LMD Integrated 
Logistical Servs., Inc.

Franklin App. No. 15AP-545, 2016-
Ohio-5385.

2016-1513. In re Hamilton v. 
Internatl. Union of Operating 
Engineers, Local 20.

Butler App. No. CA2016-03-054, 
2016-Ohio-5565.

O’Connor, C.J., and Fischer, J., 
dissent.

2016-1646. State v. Blair.

Hamilton App. No. 160333, 2016-
Ohio-5714.

O’Neill and DeWine, JJ., dissent.

Fischer, J., not participating.

2016-1742. State v. Upkins.

Shelby App. No. 17-16-04. 
Discretionary appeal accepted on 
proposition of law No. IV. The 
parties are ordered to brief the 
issue stated as follows:

“When appellate counsel also served 
as trial counsel and moves to 
withdraw pursuant to Anders v. 
California, the court shall permit 
counsel to withdraw and must then 
appoint new appellate counsel to 
review the record and raise any 
nonfrivolous appealable issue.”

O’Neill, J., would accept the cause 
on all Propositions of Law.

O’Donnell, Kennedy, and DeWine, J., 
dissent.

2017-0433. In re R.K.

Franklin App. No. 16AP-575.

O’Connor, C.J., and O’Donnell, J., 
dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0113. State v. Jalowiec.

Lorain App. No. 14CA010548, 2015-
Ohio-5042.

2016-1165. State v. Sampson.

Cuyahoga App. No. 103311, 2016-
Ohio-4560.

O’Connor, C.J., dissents and would 
accept the appeal and hold the 
cause for decision in 2015-0677, 
State v. Aalim.

2016-1317. Fifth Third Bank v. 
Unknown Spouse of Lockwood.

Lucas App. No. L-16-1159.

2016-1428. Hicks v. Cadle Co.

Trumbull App. No. 2014-T-0103, 
2016-Ohio-4728.

Fischer, J., dissents.

2016-1435. State v. Hawkey.

Defiance App. No. 4-14-03, 2016-
Ohio-5369.

2016-1441. In re M.D.

Summit App. No. 28087, 2016-Ohio-
5393.

Fischer, J., dissents and would 
accept the appeal on proposition of 
law No. II

2016-1447. State v. Holder.

Hamilton App. Nos. C-150670 and C-
150673.

Fischer, J., not participating.

2016-1450. State v. Emmons.

Hamilton App. No. C-150636, 2016-
Ohio-5384.

Fischer and DeWine, JJ., not 
participating.

2016-1464. Keller & Kehoe, L.L.P. 
v. Smart Media of Delaware, Inc.

Cuyahoga App. No. 103607, 2016-
Ohio-5409.

2016-1474. State v. McNeill.

Lorain App. No. 15CA010774, 2016-
Ohio-5463.

2016-1478. Haskins v. 7112 
Columbia, Inc.

Mahoning App. No. 15 MA 0192, 2016-
Ohio-5575.

2016-1479. Norton Outdoor 
Advertising, Inc. v. RGT Foods, 
Inc.

Hamilton App. No. C-160243.

Fischer, J., not participating.

2016-1481. State v. Eason.

Cuyahoga App. No. 103575, 2016-
Ohio-5516.

2016-1484. St. Clairsville v. 
Jeffers.

Belmont App. No. 15 BE 0017, 2016-
Ohio-5574.

2016-1491. State v. Meyer.

Franklin App. No. 15AP-589, 2016-
Ohio-5638.

2016-1498. Young v. UC Health, W. 
Chester Hosp., L.L.C.

Hamilton App. Nos. C-150562 and C-
150566, 2016-Ohio-5526.

O’Neill, J., dissents and would 
accept the appeal and the cross 
appeal.

Fischer and DeWine, JJ., not 
participating.

2016-1499. Young v. UC Health, W. 
Chester Hosp., L.L.C.

Hamilton App. No. C-150566, 2016-
Ohio-5526.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not 
participating.

2016-1501. State v. Cardenas.

Darke App. No. 2015-CA-16, 2016-
Ohio-5537.

O’Neill, J., dissents.

2016-1511. State v. Potts.

Hancock App. No. 5-16-03, 2016-
Ohio-5555.

2016-1515. Engelhart v. Hamilton 
Cty. Bd. of Commrs.

Hamilton App. No. C-150639, 2016-
Ohio-4935.

French, J., dissents.

Fischer and DeWine, JJ., not 
participating.

2016-1520. CitiMortgage, Inc. v. 
Nyamusevya.

Franklin App. No. 14AP-464, 2016-
Ohio-5588.

2016-1527. Raze Internatl., Inc. v. 
Southeastern Equip. Co., Inc.

Jefferson App. No. 14 JE 0015, 
2016-Ohio-5700.

2016-1532. Ball v. MPW Indus. 
Servs., Inc.

Licking App. No. 15-CA-89, 2016-
Ohio-5744.

2016-1536. Kravitz, Brown & Dortch, 
L.L.C. v. Klein.

Franklin App. No. 16AP-200, 2016-
Ohio-5594.

2016-1545. State v. Cardwell.

Franklin App. No. 15AP-1076, 2016-
Ohio-5591.

2016-1546. Cleveland v. Lowery.

Cuyahoga App. No. 103722, 2016-
Ohio-5626.

2016-1548. State v. Speelman.

Ashland App. No. 15-COA-045, 2016-
Ohio-3409.

2016-1550. State v. Williams.

Hamilton App. No. C-150249, 2016-
Ohio-5827.

O’Neill, J., dissents.

Fischer, J., not participating.

2016-1555. State v. Machuca.

Cuyahoga App. No. 103397, 2016-
Ohio-5833.

2016-1610. State v. Phillips.

Franklin App. No. 15AP-1038, 2016-
Ohio-5944.

2016-1617. State v. Anderson.

Franklin App. No. 15AP-1082, 2016-
Ohio-5946.

2016-1638. State v. Cummings.

Cuyahoga App. No. 103892, 2016-
Ohio-5931.

2016-1732. State v. Roberts.

Clark App. No. 2015-CA-104, 2016-
Ohio-7327.

2016-1769. State v. Brown.

Richland App. No. 16CA15, 2016-
Ohio-5893.

2016-1773. Martin v. Martin.

Trumbull App. No. 2015-T-0025, 
2016-Ohio-7551.

O’Donnell and Kennedy, JJ., 
dissent.

Fischer, J., dissents and would 
accept the appeal on proposition of 
law No. II.

2016-1784. State v. Garner.

Lake App. No. 2016-L-041, 2016-
Ohio-5785.

2016-1800. State v. Williams.

Auglaize App. No. 2-16-08.

2016-1801. State v. Handcock.

Clark App. No. 2016-CA-3, 2016-
Ohio-7096.

2016-1816. State v. Cantrell.

Montgomery App. No. 26975, 2016-
Ohio-7623.

2016-1819. State ex rel. Thomas v. 
Sheldon.

Allen App. No. 1-16-26, 2016-Ohio-
7642.

Fischer, J., not participating.

2016-1827. State v. Wang.

Hamilton App. No. C-150487, 2016-
Ohio-7578.

Fischer and DeWine, JJ., not 
participating.

2016-1832. State v. Soto.

Cuyahoga App. No. 103321, 2016-
Ohio-7476.

2016-1833. State v. Wright.

Cuyahoga App. No. 104134, 2016-
Ohio-7493.

2016-1854. State v. Price.

Lucas App. No. L-16-1031, 2016-
Ohio-7633.

2016-1858. State v. Fishel.

Stark App. No. 2016 CA 00037, 2016-
Ohio-7656.

2016-1869. State v. Herald.

Defiance App. No. 4-16-09, 2016-
Ohio-7733.

2016-1892. Davie v. First Baptist 
Church.

Cuyahoga App. No. 104004, 2016-
Ohio-7713.

2016-1897. Burress-El v. 
Cincinnati.

Hamilton App. No. C-160452.

Fischer, J., not participating.

2016-1898. State v. Mitchell.

Montgomery App. No. 26887, 2016-
Ohio-7691.

2016-1903. Donlon v. Lineback.

Warren App. Nos. CA2016-03-015 and 
CA2016-03-016, 2016-Ohio-7739.

Fischer, J., not participating.

2016-1914. State v. Jackson.

Cuyahoga App. Nos. 104068 and 
104450, 2016-Ohio-7308.

2017-0005. Angus v. Angus.

Franklin App. Nos. 15AP-655 and 
15AP-693, 2016-Ohio-7789.

2017-0006. State v. Copeland.

Montgomery App. No. 26842, 2016-
Ohio-7797.

DeWine, J., dissents.

2017-0025. State v. Thompson.

Montgomery App. No. 26954, 2016-
Ohio-7521.

2017-0050. State v. Clyde.

Erie App. No. E-14-006.

2017-0051. State v. Bluford.

Cuyahoga App. No. 103783.

2017-0059. State v. Barnes.

Muskingum App. No. CT2005-0013.

2017-0068. State v. Barnett.

Muskingum App. No. CT2016-0028, 
2016-Ohio-8070.

2017-0071. State v. Ward.

Montgomery App. No. 26773, 2016-
Ohio-5354.

2017-0076. State v. Byrd.

Summit App. No. 27868, 2016-Ohio-
8135.

2017-0084. State v. Weaver.

Montgomery App. No. 26591, 2016-
Ohio-7984.

2017-0108. State v. Guyton.

Ashtabula App. No. 2016-A-0023, 
2016-Ohio-8110.

2017-0133. State v. Hill.

Lucas App. No. L-16-1086, 2016-
Ohio-8529.

2017-0143. State v. Hart.

Lucas App. No. L-15-1067, 2016-
Ohio-8169.

2017-0146. State v. Runyon.

Butler App. No. CA2016-06-120, 
2016-Ohio-8230.

2017-0238. State v. Cobb.

Stark App. No. 2014 CA 00218.

2017-0250. State v. Clark.

Cuyahoga App. No. 103324, 2017-
Ohio-178.

2017-0284. State v. Shelby.

Lawrence App. No. 15CA20.

2017-0298. State v. Waver.

Butler App. No. CA2015-08-155.

2017-0317. State v. Taylor.

Summit App. No. 27273.

2017-0326. State v. Carlton.

Hamilton App. No. C-150390.

Fischer and DeWine, JJ., not 
participating.

2017-0386. In re B.W.

Tuscarawas App. Nos. 2016 AP 09 
0045 and 2016 AP 09 0046, 2017-
Ohio-605. Appeal not accepted. 
Motion for stay denied as moot.

O’Neill, J., dissents and would 
accept the appeal and grant the 
motion for stay.

2017-0439. Nationstar Mtge., L.L.C. 
v. Payne.

Franklin App. No. 16AP-185, 2017-
Ohio-513. Appeal not accepted. 
Motion for stay denied as moot.

2017-0446. In re B.F.

Lucas App. No. L-16-1094, 2017-
Ohio-609.

RECONSIDERATION OF PRIOR DECISIONS

2015-0384. State v. Gonzales.

Wood App. No. WD-13-086, 2015-Ohio-
461. Reported at __ Ohio St.3d __, 
2017-Ohio-777, __ N.E.3d __. On 
motion for reconsideration. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.

2015-0385. State v. Gonzales.

Wood App. No. WD-13-086, 2015-Ohio-
461. Reported at __ Ohio St.3d __, 
2017-Ohio-777, __ N.E.3d __. On 
motion for reconsideration. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.

2016-1225. State v. Victor.

Geauga App. Nos. 2014-G-3220, 2014-
G-3241, and 2015-G-0010, 2015-Ohio-
5520. Reported at 148 Ohio St.3d 
1410, 2017-Ohio-573, 69 N.E.3d 750. 
On motion for reconsideration. 
Motion denied.

2016-1267. Whitmer v. Zochowski.

Franklin App. Nos. 15AP-52, 15AP-
60, and 15-AP-65, 2016-Ohio-4764. 
Reported at 148 Ohio St.3d 1411, 
2017-Ohio-573, 69 N.E.3d 751. On 
motion for reconsideration. Motion 
denied.

2016-1306. State v. Taulbee.

Fairfield App. No. 16-CA-10, 2016-
Ohio-5445. Reported at 148 Ohio 
St.3d 1426, 2017-Ohio-905, 71 
N.E.3d 298. On motion for 
reconsideration. Motion denied.

2016-1365. Barton v. Barton.

Greene App. No. 2015-CA-53, 2016-
Ohio-5264. Reported at 148 Ohio 
St.3d 1411, 2017-Ohio-573, 69 
N.E.3d 751. On motion for 
reconsideration. Motion denied.

2016-1388. Cunningham v. Protect 
Autoworks.

Portage App. No. 2015-P-0066, 2016-
Ohio-4745. Reported at 148 Ohio 
St.3d 1411, 2017-Ohio-573, 69 
N.E.3d 751. On motion for 
reconsideration. Motion denied.

O’Donnell, J., dissents.

2016-1437. State v. Armstrong.

Cuyahoga App. No. 103088, 2016-
Ohio-2627. Reported at 148 Ohio 
St.3d 1427, 2017-Ohio-905, 71 
N.E.3d 298. On motion for 
reconsideration. Motion denied.

2016-1529. Masten v. Masten.

Fairfield App. No. 16-CA-4, 2016-
Ohio-5738. Reported at 148 Ohio 
St.3d 1427, 2017-Ohio-905, 71 
N.E.3d 298. On motion for 
reconsideration. Motion denied.

2016-1598. State v. Myers.

Wood App. No. WD-16-007, 2016-Ohio-
7112. Reported at 148 Ohio St.3d 
1428, 2017-Ohio-905, 71 N.E.3d 299. 
On motion for reconsideration 
and/or en banc consideration. 
Motion denied. On motion to correct 
clerical error. Motion denied.

2016-1679. Farmer v. E. Knox Bd. of 
Edn.

Knox App. No. 2016CA00014. Reported 
at 148 Ohio St.3d 1428, 2017-Ohio-
905, 71 N.E.3d 299. On motion for 
reconsideration. Motion denied.

2016-1717. State ex rel. Griffin v. 
Myers.

In Mandamus. Reported at 148 Ohio 
St.3d 1406, 2017-Ohio-573, 69 
N.E.3d 748. On motion for 
reconsideration. Motion denied.

2016-1745. State ex rel. Haddix v. 
Forchione.

In Mandamus and Procedendo. 
Reported at 148 Ohio St.3d 1406, 
2017-Ohio-573, 69 N.E.3d 748. On 
motion for reconsideration. Motion 
denied.

2017-0041. State v. Jabbaar.

Cuyahoga App. No. 104922. Reported 
at 148 Ohio St.3d 1424, 2017-Ohio-
905, 71 N.E.3d 296. On motion for 
reconsideration. Motion denied.





OHIO CASE ANNOUNCEMENTS

May 16, 2017

[Cite as 05/16/2017 Case Announcements, 2017-
Ohio-2806.]

MERIT DECISIONS WITH OPINIONS

2016-0646. Johnson v. Moore, Slip Opinion No. 
2017-Ohio-2792.

Warren App. No. CA2016-02-011. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, and DeWine, JJ., concur.

Fischer, J., not participating.

2016-0656. State v. Reese, Slip Opinion No. 
2017-Ohio-2789.

Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Motion for reconsideration granted and 
judgment affirmed.

O’Connor, C.J., and O’Donnell, French, and 
DeWine, JJ., concur.

Fischer, J., concurs in part and dissents in part, 
with an opinion.

Kennedy, J., dissents, with an opinion.

O’Neill, J., dissents for the reasons stated in his 
dissenting opinion in State v. Gonzales, __ Ohio 
St.3d __, 2017-Ohio-777, __ N.E.3d __, ¶ 73-78.

2016-0859. Cleveland Metro. Bar Assn. v. 
Donchatz, Slip Opinion No. 2017-Ohio-2793.

On Certified Report by the Board of Professional 
Conduct, No. 2014-085. Kenneth R. Donchatz, 
Attorney Registration No. 0062221, indefinitely 
suspended from the practice of law.

O’Connor, C.J., and O’Donnell, Fischer, and 
DeWine, JJ., concur.

Kennedy, French, and O’Neill, JJ., dissent and 
would suspend respondent for 24 months with six 
months stayed.

MOTION AND PROCEDURAL RULINGS

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. On 
appellant’s motion for stay of execution. Motion 
granted. No execution date shall be set while this 
appeal remains pending.

MISCELLANEOUS DISMISSALS

2017-0274. State ex rel. Skaggs v. Bunting.

Marion App. No. 9-16-53. Appellant has failed to 
file a merit brief and therefore has failed to 
prosecute this cause with the requisite diligence. 
Cause dismissed.





Supreme Court Case Announcement for May 12, 
2017

CASE ANNOUNCEMENTS


[Cite as 05/12/2017 Case Announcements, 2017-
Ohio-2777.]

MOTION AND PROCEDURAL RULINGS

2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2046. On joint 
motion to remand the appeal to the Board of Tax 
Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.

2016-1752. ARCP LS Lakewood, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1853. On joint 
motion to remand the appeal to the Board of Tax 
Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.

2016-1753. ARCP LS S. Euclid, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1852. On joint 
motion to remand the appeal to the Board of Tax 
Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.

2016-1754. ARCP LS S. Euclid, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1854. On joint 
motion to remand the appeal to the Board of Tax 
Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.





OHIO CASE ANNOUNCEMENTS

May 11, 2017

[Cite as 05/11/2017 Case Announcements, 2017-
Ohio-2748.]

MERIT DECISIONS WITH OPINIONS

2014-0807. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision, Slip Opinion No. 
2017-Ohio-2734.

Board of Tax Appeals, No. 2011-714. Decision 
reversed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-0271. State v. Polk, Slip Opinion No. 2017-
Ohio-2735.

Franklin App. No. 14AP-787, 2016-Ohio-28. 
Judgment reversed and cause remanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MISCELLANEOUS DISMISSALS

2017-0254. Ohio Performance Academy, Inc. v. 
Testa.

Board of Tax Appeals, Nos. 2015-1752 and 2015-
1753. Appellants have failed to file a merit brief 
and therefore have failed to prosecute this cause 
with the requisite diligence. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

May 10, 2017

[Cite as 05/10/2017 Case Announcements, 2017-
Ohio-2745.]

MERIT DECISIONS WITH OPINIONS

2016-1488. Ohio State Bar Assn. v. Jacob, Slip 
Opinion No. 2017-Ohio-2733.

On Certified Report by the Board of Professional 
Conduct, No. 2015-019. Harry Joseph Jacob III, 
Attorney Registration No. 0008620, suspended 
from the practice of law for two years, with the 
second year stayed on condition.

O’Donnell, Kennedy, O’Neill, and DeWine, JJ., 
concur.

O’Connor, C.J., and French, J., dissent and would 
not stay any portion of the suspension.

Fischer, J., not participating.

MOTION AND PROCEDURAL RULINGS

2016-0903. State v. Batista.

Hamilton App. No. C-150341, 2016-Ohio-2848. 
On the joint motion of appellant and amici curiae 
Center for HIV Law and Policy et al. for divided 
oral-argument time scheduled for Wednesday, 
May 17, 2017. Motion granted. Amici curiae 
Center for HIV Law and Policy et al. shall share 
the time allotted to appellant.

On the joint motion of appellee and amicus curiae 
Ohio Attorney General Michael DeWine for 
divided oral-argument time scheduled for 
Wednesday, May 17, 2017. Motion granted. 
Amicus curiae Ohio Attorney General Michael 
DeWine shall share the time allotted to appellee.

2017-0285. Hertz Ctr. at 600 Vine, L.L.C. v. 
Hamilton Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-2427. On the 
joint motion to remand the appeal to the Board of 
Tax Appeals in order to implement a settlement. 
Cause remanded to the Board of Tax Appeals to 
take further action as appropriate.

2017-0442. State ex rel. Mars Urban Solutions, 
L.L.C. v. Cuyahoga Cty. Fiscal Officer.

In Mandamus. On relators’ notice of partial 
dismissal of claims. Claims for relief III and V 
dismissed. This cause remains pending on all 
other claims.

DISCIPLINARY CASES

2017-0359. Disciplinary Counsel v. Lech.

On Certified Order of the United States Patent 
and Trademark Office, No. D2016-34. Robert 
Raymond Lech, Attorney Registration No. 
0073078, suspended from the practice of law for 
90 days.

2017-0425. In re Resignation of Eynon.

On application for resignation of Ernest Alfred 
Eynon II, Attorney Registration No. 0022392, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.





OHIO CASE ANNOUNCEMENTS

May 8, 2017

[Cite as 05/08/2017 Case Announcements, 2017-
Ohio-2688.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF MAY 8, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the May 8, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2013-0118. Taylor v. First Resolution Invest. Corp. 
, 148 Ohio St.3d 627, 2016-Ohio-3444.

2013-0449. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision , 148 Ohio St.3d 700, 
2016-Ohio-8375.

2014-0552. Olentangy Local Schools Bd. of Edn. 
v. Delaware Cty. Bd. of Revision , 148 Ohio St.3d 
695, 2016-Ohio-8332.

2014-2012. Giddens v. Testa , 148 Ohio St.3d 
705, 2016-Ohio-8412.

2015-0542. In re Application of Greenberg , 148 
Ohio St.3d 625, 2016-Ohio-613.

2015-2007. Cleveland Metro. Bar Assn. v. Azman 
, 148 Ohio St.3d 1215, 2017-Ohio-506.

2016-0263. Cincinnati Bar Assn. v. Wiest , 148 
Ohio St.3d 683, 2016-Ohio-8166.

2017-0037. In re Resignation of Mackin , 148 
Ohio St.3d 1215, 2017-Ohio-524.






High School Students ‘Appeal’ to Judges in State 
Moot Court Competition
Staff Report | May 5, 2017

The Ohio Center for Law-Related Education 
(OCLRE) will host its fourth annual high school 
Moot Court Competition today at the Thomas J. 
Moyer Ohio Judicial Center. Students will take on 
the role of appellate attorneys and argue both 
sides of an original case.

More than 100 students representing the following 
schools from across the state will participate:

    Danville High School (Knox County);
    Gilmour Academy (Lake County);
    Indian Hill High School (Hamilton County);
    Kenton High School (Hardin County);
    Marysville High School (Union County);
    Springfield High School (Clark County);
    Sycamore High School (Hamilton County);
    Upper Arlington High School (Franklin County);
    Village Academy (Delaware County);
    William Mason High School (Warren County).

The 2017 Moot Court case follows the aftermath 
of a school prank gone wrong. When beloved 
mascot Harry the honey badger disappeared from 
Harrison High School, a series of mysterious 
social media posts indicated that Harry had been 
to many of Ohio’s tourist destinations. Desperate 
to bring Harry home, the school principal used cell 
phone data to find geotagged photos. The 
convicted student, Tracy Matthews, claims that 
the school violated her Fourth Amendment rights 
by searching her photos, and the school believes 
it followed school policies.

Teams will compete in a legal brief-writing phase 
and an oral argument phase to test their skills as 
appellate advocates. The championship round of 
oral arguments will be streamed live on the Ohio 
Channel website beginning at 4:15 p.m. today.

Kenton is competing for the first time. “Our 
students decided to compete in OCLRE’s moot 
court competition after their overwhelmingly 
positive experience in OCLRE’s mock trial 
competition,” said advisor and attorney Christina 
Q. Cross. “[They] are extremely excited to argue 
their appellate brief at the Ohio Supreme Court – 
to be able to participate in legal arguments in our 
state’s highest court is truly an honor and 
opportunity of a lifetime."

Supreme Court Justice Patrick F. Fischer will 
preside over the final round of competition. Fellow 
panelists will include Michael J. Hendershot, chief 
deputy solicitor; Samuel Peterson, deputy 
solicitor; and Tiffany Carwile, assistant attorney 
general in the Constitutional Offices Section, at 
the Ohio Attorney General’s Office; Nikki 
Baszynski, assistant state public defender for the 
Ohio Public Defender; Christopher Walker, 
associate professor of law for the Moritz College 
of Law at Ohio State University, and Benjamin 
Tracy, staff attorney for the Tenth District Court of 
Appeals.





OHIO CASE ANNOUNCEMENTS

May 3, 2017

[Cite as 05/03/2017 Case Announcements #2, 
2017-Ohio-2632.]

MOTION AND PROCEDURAL RULINGS

2017-0205. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On joint motion to 
consolidate 2017-0205 and 2017-0241 for 
purposes of briefing and oral argument and 
request for expedited treatment. Motion denied. 
Sua sponte, cause dismissed.

2017-0241. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-EL-AAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On joint motion to 
consolidate 2017-0205 and 2017-0241 for 
purposes of briefing and oral argument and 
request for expedited treatment. Motion denied.

APPEALS NOT ACCEPTED FOR REVIEW

2016-1904. U.S. Bank Natl. Assn. v. Lavelle.

Cuyahoga App. No. 104234, 2016-Ohio-7783. On 
motion for stay “to grant 26784 Fairfax Lane 
remain unsold.” Motion denied as moot.





OHIO CASE ANNOUNCEMENTS

May 3, 2017

[Cite as 05/03/2017 Case Announcements, 2017-
Ohio-2631.]

MOTION AND PROCEDURAL RULINGS

2013-0536. State v. Spaulding.

Summit C.P. No. CR 12 05 1508. On appellant’s 
motion to exceed page limitation on application for 
reopening under S.Ct.Prac.R. 11.06. Motion 
granted. Appellant’s application for reopening 
shall not exceed 25 pages, exclusive of affidavits 
and parts of the record. Any response to the 
application for reopening shall also not exceed 25 
pages, exclusive of affidavits and parts of the 
record.

MISCELLANEOUS ORDERS

CLE-2005-68789. In re Continuing Legal Edn. 
Suspension of Squires.

On report by the Commission on Continuing Legal 
Education pursuant to former Gov.Bar. R. X(6)(A)
(1)(b) and (A)(2)(d). Recommendation of the 
commission adopted. Respondent, Thomas Clark 
Squires, reinstated to the practice of law.






OHIO CASE ANNOUNCEMENTS

May 2, 2017

[Cite as 05/02/2017 Case Announcements, 2017-
Ohio-2615.]

MISCELLANEOUS DISMISSALS

2017-0045. State ex rel. Adena Med. Ctr. v. Indus. 
Comm.

Franklin App. No. 15AP-1167, 2016-Ohio-8277. 
On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2017-0160. State ex rel. Miller v. Kidron Volunteer 
Fire Dept., Inc.

In Mandamus. On relators’ application for 
dismissal. Application granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS

May 1, 2017

[Cite as 05/01/2017 Case Announcements, 2017-
Ohio-2583.]

MOTION AND PROCEDURAL RULINGS

2017-0236. Pi in the Sky, L.L.C. v. Testa.

Board of Tax Appeals, No. 2015-2005. On motion 
to refer case to mediation. Motion granted.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0522. State ex rel. Shelter v. Indus. Comm.

Franklin App. No. 16AP-119, 2017-Ohio-1063.

2017-0529. State ex rel. Meilstrup v. Indus. 
Comm.

Franklin App. No. 16AP-250, 2017-Ohio-811.

2017-0544. Daher v. DeWine.

In Mandamus and Prohibition.

The following cases have been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellants in each case shall file a brief within 40 
days, and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.07. As provided in S.Ct.Prac.R. 16.07, the 
court may dismiss these cases or take other 
action if the parties fail to timely file merit briefs.

2016-1497. Lakewood City Schools Bd. of Edn. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-177.

2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2046.

2016-1752. ARCP LS Lakewood, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1853.

2016-1753. ARCP LS S. Euclid, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1852.

2016-1754. ARCP LS S. Euclid, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1854.

2017-0064. MK Menlo Property Owner, L.L.C. v. 
Summit Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1845, 2015-
1869, and 2015-1870.

2017-0109. State ex rel. Cook v. Indus. Comm.

Franklin App. No. 15AP-1025, 2016-Ohio-8497.

2017-0141. State ex rel. Wegman v. Ohio Police & 
Fire Pension Fund.

Franklin App. No. 16AP-112, 2016-Ohio-8270.

The following case is returned to the regular 
docket under S.Ct.Prac.R. 19.01. Respondent 
shall file a response to the complaint within 21 
days.

2017-0331. State ex rel. Rogers v. Dept. of 
Rehab. & Corr.

In Mandamus.






Local Bar Associations Recognize Law Day with 
Help from Supreme Court Justices
By Bret Crow | April 28, 2017

Ohio Supreme Court Justices will help draw 
attention to the day set aside each year to 
celebrate the U.S. legal system.

President Eisenhower established Law Day in 
1958 as a day of national dedication to the 
principles of government under law. In 1968, 
Congress designated May 1 as the official date for 
celebrating Law Day.

This year’s theme, “The 14th Amendment: 
Transforming American Democracy,” explores 
how the amendment has reshaped American law 
and society, according to the American Bar 
Association.

The ABA further notes in its Law Day 2017 
resources: “Through its Citizenship, Due Process, 
and Equal Protection clauses, this transformative 
amendment advanced the rights of all Americans. 
It also played a pivotal role in extending the reach 
of the Bill of Rights to the states.”

Law Day activities involving Supreme Court 
justices include:

    The Lake County Bar Association 41st Annual 
Law Day Breakfast May 1 in Mentor, which will 
feature Justice William M. O’Neill as the keynote 
speaker.
    The Miami County Bar Association Law Day 
Celebration May 5 in Troy, which will feature 
Justice R. Patrick DeWine as the keynote 
speaker.
    The Toledo Bar Association Law Day Luncheon 
on May 5, which will honor recently retired Justice 
Judith Ann Lanzinger.






More than 200 Applicants Pass February 2017 
Bar Exam
Staff Report | April 28, 2017

The Ohio Supreme Court today released the 
results of the February 2017 Ohio Bar 
Examination, which was administered in 
Columbus on Feb. 21-23.

Out of 436 applicants who sat for the exam, 224 
(51.4 percent) received passing scores; of 173 
first-time applicants, 66 percent received passing 
scores. View a complete list of names of the 
successful applicants. Of the two annual bar 
exams, fewer attorney hopefuls take the February 
exam than the exam in July.

The oath of office will be administered to 
applicants who were successful on the exam and 
who have satisfied all of the Supreme Court’s 
other requirements for admission. The oath will be 
administered during a special public session of 
the Supreme Court at 2 p.m. May 15 at The 
Palace Theatre, 34 W. Broad St., Columbus.

Article IV, Section 2(B)(1)(g) of the Ohio 
Constitution grants the Supreme Court exclusive 
jurisdiction to regulate admission to the practice of 
law in Ohio. Among other duties, the Office of Bar 
Admissions oversees the admissions process for 
the Supreme Court.

The second bar exam of 2017 will be July 25-27 
in Columbus. Learn more about the bar exam.





OHIO CASE ANNOUNCEMENTS
April 27, 2017

[Cite as 04/27/2017 Case Announcements, 2017-
Ohio-1542.]

MOTION AND PROCEDURAL RULINGS

2016-1195. In re D.H.

Montgomery App. No. 27074, 2016-Ohio-5265. 
On appellant’s motion for appointment of the 
Office of the Ohio Public Defender as counsel. 
Motion granted.

2016-1197. In re D.H.

Montgomery App. No. 27075. On appellant’s 
motion for appointment of the Office of the Ohio 
Public Defender as counsel. Motion granted.

2017-0204. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428ELAAM, 12-429-EL-
WVR, and 12-672-EL-RDR. On motion of the 
Dayton Power and Light Company for leave to 
intervene as appellee. Motion granted.

2017-0205. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the 
Dayton Power and Light Company for leave to 
intervene as appellee. Motion granted.

2017-0241. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the 
Dayton Power and Light Company for leave to 
intervene as appellee. Motion granted.

2017-0412. In re Application of Black Fork Wind 
Energy, L.L.C.

Power Siting Board, No. 10-8265-EL-BGN. On 
motion of Black Fork Wind Energy, L.L.C., for 
leave to intervene as appellee. Motion granted.

2 04-27-17





Supreme Court Issues $2.8 Million in Technology 
Grant Funding to 70 Local Court Projects

By Bret Crow | April 26, 2017

Infographic detailing the total amount of grant 
money awarded, the total number of projects 
funded, the number and location of Ohio counties 
receiving grants, the total number of Ohio courts 
receiving grants, and the average award amount

The Ohio Supreme Court announced today that 
70 local court projects received more than $2.8 
million in technology grant funding.

Ohio courts were encouraged to submit one 
funding request for up to two separate projects in 
the competitive program. Courts located within an 
entity deemed to be in Fiscal Emergency or Fiscal 
Watch by the Ohio Auditor and those that had not 
received a technology grant previously were given 
priority.

“Technology grants increase access to justice to 
more Ohioans and remove barriers to the efficient 
and effective administration of justice for local 
courts,” Chief Justice Maureen O’Connor said. 
“Without this initiative, many much-needed 
technology improvements in courts around Ohio 
would not occur.”

For this third annual round of funding, preference 
was given to projects in the following order:

    Upgrade to the court’s existing case 
management system that affects caseflow;
    Upgrade, replacement, or purchase of other 
technology systems that affect caseflow or the 
fundamental duties of the court;
    Upgrade, replacement, or improvement to 
computer hardware or equipment that supports 
the case management system or other systems 
that affect caseflow or the fundamental duties of 
the court;
    All other computer hardware and software or 
equipment, including physical security equipment 
related projects.

View the complete list of recipients.





OHIO CASE ANNOUNCEMENTS
April 26, 2017

[Cite as 04/26/2017 Case Announcements, 2017-
Ohio-1536.]

MOTION AND PROCEDURAL RULINGS

2016-1319. State v. Garcia.

Summit App. Nos. 27810 and 17811, 2016-Ohio-
4667. On appellant’s motion to expedite decision 
to accept or deny jurisdiction. Motion denied as 
moot.

2017-0204. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428ELAAM, 12-429-EL-
WVR, and 12-672-EL-RDR. On application for 
dismissal filed by appellant Ohio Energy Group. 
Application granted. The other appeals in this 
cause remain pending.

2017-0205. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On application for 
dismissal filed by appellant Ohio Energy Group. 
Application granted. The other appeals in this 
cause remain pending.

2017-0241. In re Application of Dayton Power & 
Light Co.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On application for 
dismissal filed by appellant Ohio Energy Group. 
Application granted. The other appeals in this 
cause remain pending.

DISCIPLINARY CASES

2016-1149. Disciplinary Counsel v. Doumbas.

Sua sponte, Marc George Doumbas, Attorney 
Registration No. 0074028, last known business 
address in Strongsville, Ohio, found in contempt 
for failure to file an affidavit of compliance on or 
before March 23, 2017.

2 04-26-17





The Ohio Board of Professional Conduct 
Schedule Released for May Disciplinary Hearings

Staff Report | April 25, 2017

The Ohio Board of Professional Conduct today 
announced May disciplinary hearings involving 
attorneys and judges charged with professional 
misconduct. All hearings take place before a 
three-member panel of the board and are open to 
the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

May 1
Disciplinary Counsel v. Magistrate Cynthia Ann 
Williams
Case No. 2016-070
Respondent’s counsel: Jonathan E. Coughlan, 
Columbus
Hearing Time/Location: 9:30 a.m.; Thomas J. 
Moyer Ohio Judicial Center, 65 S. Front St., South 
Hearing Room 106, Columbus

Disciplinary Counsel v. Steven Powell Schnittke
Case No. 2015-075
Respondent’s counsel: Christopher J. Weber and 
Jason H. Beehler, Columbus
Hearing Time/Location: 11 a.m.; Moyer Judicial 
Center, South Hearing Room 106

May 2
Mahoning County Bar Association v. Neal Ghaleb 
Atway
Case No. 2016-064
Respondent’s counsel: John B. Juhasz Jr. and 
Lynn A. Maro, Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, South Hearing Room 106

May 5
Disciplinary Counsel v. Quentin Martin Derryberry 
II
Case No. 2015-033
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Tenth District 
Court of Appeals, 373 S. High St., Courtroom 
23A, Columbus

May 12
Cincinnati Bar Association v. William Douglass 
Bell
Case No. 2016-056
Respondent’s counsel: Alvertis W. Bishop Jr.
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, South Hearing Room 106

Disciplinary Counsel v. John Edward Patterson
Case No. 2016-073
Respondent’s counsel: Alvin E. Mathews Jr., 
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, West Hearing Room 104

May 18
Disciplinary Counsel v. Paul Anthony Mancino Jr.
Case No. 2016-074
Respondent’s counsel: Brett M. Mancino, 
Cleveland
Hearing Time/Location: 10 a.m.; Cleveland 
Metropolitan Bar Association, 1375 E. 9th St., 2nd 
Floor, Cleveland

May 25
Disciplinary Counsel v. Andrew Mahlon Engel
Case No. 2016-030
Respondent’s counsel: William C. Mann and 
William H. Dulaney III
Hearing Time/Location: 9 a.m.; Moyer Judicial 
Center, South Hearing Room 106

May 26
Cincinnati Bar Association v. John Patrick Weber
Case No. 2016-057
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, South Hearing Room 106

May 31
Columbus Bar Association v. Bradley Dennis 
Keating
Case No. 2016-071
Respondent’s counsel: Alvin E. Mathews Jr., 
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, West Hearing Room 104





OHIO CASE ANNOUNCEMENTS
April 25, 2017
[Cite as 04/25/2017 Case Announcements, 2017-
Ohio-1518.]

MISCELLANEOUS DISMISSALS

2015-0327. Mace v. Washington Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2014-1952. On 
appellants’ application for dismissal. Application 
granted. Cause dismissed.

2015-0328. Mace v. Washington Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2014-1951. On 
appellants’ application for dismissal. Application 
granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS
April 24, 2017

[Cite as 04/24/2017 Case Announcements, 2017-
Ohio-1475.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF APRIL 24, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the April 24, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2011-1921. State v. Sowell, 148 Ohio St.3d 554, 
2016-Ohio-8025.

2014-0733. State v. Kona, 148 Ohio St.3d 539, 
2016-Ohio-7796.

2014-0885. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision, 148 Ohio St.3d 499, 
2016-Ohio-7466.

2014-1651. In re Application of Duke Energy 
Ohio, Inc., for Approval of its Fourth Amended 
Corporate Separation Plan, 148 Ohio St.3d 510, 
2016-Ohio7535.

2014-1893. Renacci v. Testa, 148 Ohio St.3d 470, 
2016-Ohio-3394.

2015-0243. Akron Bar Assn. v. Bednarski, 148 
Ohio St.3d 615, 2017-Ohio

522.

2015-0467. Antoon v. Cleveland Clinic Found., 
148 Ohio St.3d 483, 2016Ohio-7432.

2015-0545. Lutz v. Chesapeake Appalachia, 
L.L.C., 148 Ohio St.3d 524, 2016Ohio-7549.

2015-0652. State v. Hand, 148 Ohio St.3d 610, 
2016-Ohio-8355.
2015-0839. State ex rel. Cuyahoga Lakefront, 
L.L.C. v. Cleveland, 148 Ohio
St.3d 531, 2016-Ohio-7640.

2015-1204. State ex rel. Cleveland v. Indus. 
Comm., 148 Ohio St.3d 553, 2016

Ohio-8015.
2015-1222. State ex rel. Cincinnati Enquirer v. 
Deters, 148 Ohio St.3d 595,
2016-Ohio-8195.

2015-1610. In re R.A.H., 148 Ohio St.3d 531, 
2016-Ohio-7592.

2015-1685. Dunkle v. Dept. of Rehab. & Corr., 
148 Ohio St.3d 621, 2017Ohio-551.
2015-1782. State v. Shalash, 148 Ohio St.3d 611, 
2016-Ohio-8358.
2015-1984. State ex rel. Cornwall v. Sutula, 148 
Ohio St.3d 536, 2016-Ohio

7652.
2016-0199. Dayton Bar Assn. v. Hooks, 148 Ohio 
St.3d 1209, 2016-Ohio-7557.
2016-0379. State ex rel. Littlepage v. Deters, 148 
Ohio St.3d 507, 2016-Ohio

7467.
2016-0395. In re C.C.S., 148 Ohio St.3d 509, 
2016-Ohio-7472.
2016-0845. Cleveland Metro. Bar Assn. v. King, 
148 Ohio St.3d 602, 2016

Ohio-8255.

2016-0848. Disciplinary Counsel v. Elum, 148 
Ohio St.3d 606, 2016-Ohio8256. 2016-1024. 
State v. Jackson, 148 Ohio St.3d 615, 2016-Ohio-
8373.

2 04-24-17

2016-1506. Lorain Cty. Bar Assn. v. Mackin, 148 
Ohio St.3d 1211, 2016-Ohio7556.

16-AP-018. In re Disqualification of O’Donnell, 
148 Ohio St.3d 1204, 2016Ohio-8570.

16-AP-023. In re Disqualification of Brown and 
McGrath, 148 Ohio St.3d 1205, 2016-Ohio-8571.

16-AP-026. In re Disqualification of Stevenson, 
148 Ohio St.3d 1207, 2016Ohio-8572.

DISCIPLINARY CASES

2013-0924. Disciplinary Counsel v. Marshall.

On application for reinstatement by respondent, 
Joy Lenore Marshall, Attorney Registration No. 
0073585, last known business address in 
Columbus, Ohio. Application denied.

MEDIATION MATTERS

The following case has been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellants shall file a brief within 40 days, and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss this case or take other action if the parties 
fail to timely file merit briefs.

2016-1713. Beavercreek Towne Station, L.L.C. v. 
Greene Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.

3 04-24-17





OHIO CASE ANNOUNCEMENTS

April 20, 2017

[Cite as 04/20/2017 Case Announcements, 2017-
Ohio-1442.]

MERIT DECISIONS WITH OPINIONS

2014-1157. State ex rel. James v. Wal-Mart 
Stores, Inc., Slip Opinion No. 2017-Ohio-1426.

Franklin App. No. 13AP-3, 2014-Ohio-2279. 
Judgment affirmed in part and

reversed in part, and writ denied.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., not participating.

2015-0078. Groveport Madison Local Schools Bd. 
of Edn. v. Franklin Cty. Bd. of Revision, Slip 
Opinion No. 2017-Ohio-1428.

Board of Tax Appeals, No. 2011-K-3704. Decision 
affirmed.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents and would reverse the 
decision of the Board of Tax Appeals.

2016-0962. State ex rel. Thomas v. Richard, Slip 
Opinion No. 2017-Ohio1343.

Madison App. No. CA2016-04-018. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., concurs in judgment only.

2016-1487. Disciplinary Counsel v. Denslow, Slip 
Opinion No. 2017-Ohio1429.

On Certified Report by the Board of Professional 
Conduct, No. 2016-014. Jeremiah Justin Denslow, 
Attorney Registration No. 0074784, suspended 
from the practice of law for six months, all stayed 
on conditions.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

17-AP-006. In re Disqualification of Tenth Dist. 
Court of Appeals, Slip Opinion No. 2017-Ohio-
1434 (decided Mar. 10, 2017).

17-AP-019. In re Disqualification of Jamison, Slip 
Opinion No. 2017-Ohio1436 (decided Mar. 13, 
2017).

MOTION AND PROCEDURAL RULINGS

2016-1398. Troja v. Pleatman.

Hamilton App. No. C-150746, 2016-Ohio-5294. 
On appellant’s motion to consolidate with 2017-
0319, 2017-0323, and 2016-1895. Motion denied 
as moot.

2016-1847. May v. Delaware Cty. Court of 
Common Pleas, Juvenile Div.

In Prohibition. On respondents’ motion to strike 
relators’ newly discovered evidence. Motion 
denied as moot.

2017-0070. State ex rel. Taylor v. Adult Parole 
Auth.

In Mandamus. On relator’s motion to correct and 
supplement the record. Motion denied as moot.

2 04-20-17

MISCELLANEOUS DISMISSALS

2016-0909. State ex rel. Bloodworth v. Crutchfield.

Warren App. No. CA2015-07-066. On appellant’s 
application for dismissal. Application granted. 
Cause dismissed.

2017-0026. State v. Vigil.

Cuyahoga App. No. 103940, 2016-Ohio-7485. 
Appellant has failed to file a memorandum in 
support of jurisdiction and therefore has failed to 
prosecute this cause with the requisite diligence. 
Cause dismissed.

2017-0067. State v. Suggs.

Summit App. Nos. 27812, 27865, and 27866. 
Appellant has failed to file a memorandum in 
support of jurisdiction and therefore has failed to 
prosecute this cause with the requisite diligence. 
Cause dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0389. State ex rel. Armatas v. Haas.

In Prohibition.

2017-0413. State ex rel. Silver v. Pub. Emps. 
Retirement Sys.

Franklin App. No. 15AP-864, 2017-Ohio-445.

2017-0430. State ex rel. Witt v. Indus. Comm.

Franklin App. No. 15AP-804, 2017-Ohio-554.

2017-0458. State ex rel. Weide v. Ohio State Univ.

In Mandamus.

2017-0464. State ex rel. Cleveland Browns 
Football Co., L.L.C. v. Indus. Comm.

Franklin App. No. 14AP-1031, 2017-Ohio-837.

The following cases have been returned to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellants in each case shall file a brief within 40 
days,

3 04-20-17

and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.07. As provided in S.Ct.Prac.R. 16.07, the 
court may dismiss this case or take other action if 
the parties fail to timely file merit briefs.

2016-1188. Seaton Corp. v. Testa.

Board of Tax Appeals, Nos. 2015-224 and 2015-
743.

2016-1553. NRG Power Midwest, L.P. v. Lorain 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-874 and 2015-
890.

2017-0345. State ex rel. Ohio Patrolmen’s 
Benevolent Assn. v. Warren.

Trumbull App. No. 2015-T-0017.

4 04-20-17





Twenty Cases Certified to Disciplinary Board

Staff Report | April 19, 2017

The Ohio Board of Professional Conduct today 
announced the certification of 20 cases from 
February through April for formal disciplinary 
proceedings.

In each case, a certified complaint has been sent 
to the respondent, and the respondent has been 
directed to file an answer to the allegations 
contained in the complaint. Once an answer is 
received, the case will be assigned to a three-
member hearing panel of the Board, and the 
hearing panel will conduct further proceedings. If 
the respondent does not answer the allegations, 
the respondent’s failure to answer will be certified 
to the Ohio Supreme Court, and the Supreme 
Court may suspend the respondent’s license to 
practice law.

Typically, a public hearing is scheduled within four 
to six months after the case is assigned to a 
hearing panel. Please consult the Upcoming 
Hearings Schedule for a monthly list of Board 
hearings.

If the Board finds that a lawyer or judge has 
engaged in professional misconduct, the Board 
will file a report with the Court that includes a 
recommended sanction. The Court is responsible 
for reviewing the Board report and case record 
and imposing discipline.

To access the complaints in these cases, click on 
the individual case numbers below.

Cleveland Metropolitan Bar Association v. James 
Arthur Gay
Case No. 2017-003
Respondent’s counsel: Tyrone E. Reed

Akron Bar Association v. Jon David Tucker
Case No. 2017-004
Respondent’s counsel: None

Warren County Bar Association v. Jeffrey Charles 
Meadows
Case No. 2017-005
Respondent’s counsel: George D. Jonson

Columbus Bar Association v. David Paul Rieser
Case No. 2017-006
Respondent’s counsel: Jonathan E. Coughlan

Disciplinary Counsel v. Christopher Thomas 
Cicero
Case No. 2017-007
Respondent’s counsel: None

Cleveland Metropolitan Bar Association v. Steven 
Jerome Moody
Case No. 2017-008
Respondent’s counsel: Richard C. Alkire and 
Dean C. Nieding

Mahoning County Bar Association v. John 
Aloysius McNally IV
Case No. 2017-009
Respondent’s counsel: Lynn A. Maro

Cleveland Metropolitan Bar Association v. Alisa 
Carol Butscher
Case No. 2017-010
Respondent’s counsel: None

Cleveland Metropolitan Bar Association v. Debbie 
Kay Horton
Case No. 2017-011
Respondent’s counsel: None

Wood County Bar Association v. Sarah Ann Miller 
Driftmyer
Case No. 2017-012
Respondent’s counsel: None

Mahoning County Bar Association v. Michael 
Vincent Sciortino
Case No. 2017-013
Respondent’s counsel: John B. Juhasz Jr.

Dayton Bar Association v. Clinton Ralph 
Wilcoxson II
Case No. 2017-014
Respondent’s counsel: None

Disciplinary Counsel v. Jason Allan Sarver
Case No. 2017-015
Respondent’s counsel: None

Mahoning County Bar Association v. Martin 
Edward Yavorcik
Case No. 2017-016
Respondent’s counsel: John B. Juhasz Jr.

Columbus Bar Association v. John Joseph Okuley
Case No. 2017-017
Respondent’s counsel: None

Mahoning County Bar Association v. Dennis 
Armand DiMartino
Case No. 2017-018
Respondent’s counsel: John B. Juhasz Jr.

Columbus Bar Association v. Christopher William 
Striff Jr.
Case No. 2017-019
Respondent’s counsel: None

Disciplinary Counsel v. Brian William Benbow
Case No. 2017-020
Respondent’s counsel: None

Disciplinary Counsel v. Brian Wade Harter
Case No. 2017-021
Respondent’s counsel: None

Akron Bar Association v. Jeffrey Van Hawkins
Case No. 2017-022
Respondent’s counsel: None





OHIO CASE ANNOUNCEMENTS

April 19, 2017

[Cite as 04/19/2017 Case Announcements, 2017-
Ohio-1427.]

MERIT DECISIONS WITH OPINIONS
2014-2008, 2014-2009, and 2014-2010. Dauch v. 
Erie Cty. Bd. of Revision, Slip Opinion No. 2017-
Ohio-1412.

Board of Tax Appeals, Nos. 2014-1410, 2014-
1412, and 2014-1413. Decisions affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2015-2081 and 2016-0180. Wilson v. Lawrence, 
Slip Opinion No. 2017-Ohio1410.

Cuyahoga App. No. 12585, 2015-Ohio-4677. 
Certified conflict dismissed as improvidently 
certified. Judgment reversed and cause 
remanded.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents, with an opinion.
2016-0837. State ex rel. Samarghandi v. Ferenc, 
Slip Opinion No. 2017-Ohio1413.

Clermont App. No. CA2016-02-101. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS
2016-1583. State ex rel. McCuller v. Eppinger.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1770. State ex rel. White v. Adult Parole Bd.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

Kennedy, French, O’Neill, Fischer, and DeWine, 
JJ., concur.

O’Connor, C.J., and O’Donnell, J., dissent and 
would grant an alternative writ.
2016-1847. May v. Delaware Cty. Court of 
Common Pleas, Juvenile Div.

In Prohibition. On respondents’ motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1850. State ex rel. Smith v. Dept. of Rehab. 
& Corr.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1862. Bedell v. Portage Cty. Court of 
Common Pleas.

In Mandamus. On respondent’s motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1907. In re Apparent Violation & Intent to 
Assess Forfeiture of Wylie.

Public Utilities Commission, No. 15-2029-TR-CVF. 
On appellant’s motion to transfer appeal. Motion 
denied. On appellee’s motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0030. State ex rel. Alexander v. McGinty.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0046. State ex rel. Williams v. Smith.

In Procedendo and Prohibition. On respondent’s 
motion to dismiss. Motion granted. Cause 
dismissed. On relator’s amended verified motion 
for stay. Motion denied. On respondent’s motion 
to strike relator’s amended verified motion for 
stay. Motion denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0048. Pryor v. Koukoutas.

In Habeas Corpus. On respondents’ motions to 
dismiss. Motions granted. Cause dismissed. On 
petitioner’s motion to stay and motion to strike. 
Motions denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0053. State ex rel. Jackson v. Ferguson.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0070. State ex rel. Taylor v. Adult Parole 
Auth.

In Mandamus. On respondent Erie County 
Common Pleas Court’s motion to dismiss and 
respondent Adult Parole Authority’s amended 
Civ.R. 12(B)(6) motion to dismiss. Motions 
granted. Cause dismissed. On respondent Adult 
Parole Authority’s motion to quash subpoena 
duces tecum and motion to stay discovery. 
Motions denied. On relator’s motions for default 
judgment, motion for counsel re-request, and 
motion to amend mandamus. Motions denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0075. Evans v. Stammitti.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2017-0112. State v. Cooper.

In Habeas Corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0121. State ex rel. Hobbs v. Gilb.

In Mandamus and Prohibition. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2017-0197. State ex rel. Hayes v. Jones.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., not participating.

MOTION AND PROCEDURAL RULINGS
2005-2284. State v. Bonnell.

Cuyahoga App. No. 223820. On application for 
reopening under S.Ct.Prac.R.

11.06. Application denied.
2008-1974. State v. Stepp.

Butler App. No. CA200705117, 2008-Ohio-4305. 
On motion for order or relief. Motion denied.

2015-0435. State v. Stepp.

Butler App. No. CA2013-12-226. On motion for 
order or relief. Motion denied.
2015-1128. State v. Victor.

Geauga App. Nos. 2014-G-3220 and 2014-G-
3241, 2015-Ohio-5520. On petition to advise. 
Petition denied.
2015-1717. State ex rel. Tolle v. Spherion of Mid-
Ohio, Inc.

Franklin App. No. 14AP-717, 2015-Ohio-3593. On 
request for oral argument. Request denied.

2016-1110. Goldshtein v. Mohr.

In Habeas Corpus. On motion to strike. Motion 
denied.
2016-1115. State ex rel. Cincinnati Enquirer v. 
Pike Cty. Coroner’s Office.

In Mandamus. On motion to submit documents for 
in camera inspection. Motion granted in part and 
denied in part. Respondent shall file the 
unredacted autopsy reports under seal within 14 
days of the date of this entry. No additional 
materials shall be submitted.

O’Connor, C.J., and O’Donnell, J., would grant the 
motion in full and permit the respondent to file 
both the unredacted reports as well as additional 
material explaining the reasons for the proposed 
redaction.

French and DeWine, JJ., not participating.
2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus. On motion to submit documents for 
in camera inspection. Motion granted in part and 
denied in part. Respondent shall file the 
unredacted autopsy reports under seal within 14 
days of the date of this entry. No additional 
materials shall be submitted.

O’Connor, C.J., and O’Donnell, J., would grant the 
motion in full and permit the respondent to file 
both the unredacted reports as well as additional 
material explaining the reasons for the proposed 
redaction.

French and DeWine, JJ., not participating.
2016-1713. Beavercreek Towne Station, L.L.C. v. 
Greene Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. On appellee’s motion to 
dismiss and motion to strike portions of 
memorandum in response to motion to dismiss. 
Motions denied.

O’Donnell, J., dissents and would grant the 
motion to dismiss and would dismiss the cause.
2017-0120. State v. James.

Seneca App. No. 13-16-17, 2016-Ohio-7825. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2017-0131. State v. Pippen.

Scioto App. No. 16CA3727, 2016-Ohio-7105. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2017-0132. State v. McGee.

Hamilton App. No. C-150496, 2016-Ohio-7510. 
On motion for leave to file

delayed appeal. Motion fails for want of four 
votes.

Kennedy and O’Neill, JJ., dissent.

Fischer and DeWine, JJ., not participating.
2017-0139. State v. Fant.

Mahoning App. No. 14 MA 0067, 2016-Ohio-7429. 
On motion for leave to file delayed appeal. Motion 
denied.

French, O’Neill, and Fischer, JJ., dissent.
2017-0152. State v. Mann.

Ottawa App. No. OT-16-027. On motion for leave 
to file delayed appeal. Motion denied.

O’Neill, J., dissents.
2017-0157. State v. Newman.

Muskingum App. No. CT2016-0002, 2016-Ohio-
7498. On review of an order certifying a conflict. It 
is determined that no conflict exists within the 
meaning of S.Ct.Prac.R. 8.02. Cause dismissed.

O’Neill, J., dissents.
2017-0162. State v. Rusnak.

Jefferson App. No. 15 JE 0002, 2016-Ohio-7820. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2017-0196. State v. Elam.

Cuyahoga App. No. 103122, 2016-Ohio-5619. On 
motion for leave to file delayed appeal. Motion 
denied.
2017-0198. State v. Murphy.

Cuyahoga App. No. 102284. On motion for leave 
to file delayed appeal. Motion denied.
2017-0216. State v. Burnett.

Stark App. No. 2016CA00007, 2016-Ohio-7502. 
On motion for leave to file delayed appeal. Motion 
denied.

2017-0219. State v. Walker.

Stark App. No. 2016CA00076, 2016-Ohio-7314. 
On motion for leave to file delayed appeal. Motion 
denied.

Fischer, J., dissents.
2017-0230. State v. Fox.

Delaware App. No. 15 CAA 10 0082, 2016-Ohio-
3293. On motion for leave to file delayed appeal. 
Motion denied.

DeWine, J., dissents.
2017-0233. State v. Staats.

Stark App. No. 2014 CA 00197, 2016-Ohio-4650. 
On motion for leave to file delayed appeal. Motion 
denied.
2017-0245. State v. Tooles.

Hamilton App. No. C-1503222. On motion for 
leave to file delayed appeal. Motion denied.

Fischer, J., not participating.
2017-0258. State v. Taylor.

Cuyahoga App. No. 104284, 2016-Ohio-8311. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2017-0266. State v. Belton.

Mahoning App. No. 15 MA 0142, 2016-Ohio-8416. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Connor, C.J., and O’Neill, J., dissent.
2017-0289. State v. Cremeans.

Muskingum App. No. CT2015-0062, 2016-Ohio-
7930. On motion for leave to file delayed appeal. 
Motion denied.

APPEALS ACCEPTED FOR REVIEW
2016-1372. Schwartz v. Honeywell Internatl., Inc.

Cuyahoga App. No. 103377, 2016-Ohio-3175. 
Discretionary appeal accepted on proposition of 
law No. I.

Kennedy and French, JJ., would also accept the 
cause on proposition of law No. II.

O’Connor, C.J., and O’Donnell and O’Neill, JJ., 
dissent.
2016-1462. State v. Gordon.

Cuyahoga App. No. 103494, 2016-Ohio-5407. 
O’Connor, C.J., and French and O’Neill, JJ., 
dissent.
2017-0244. State v. Johnson.

Muskingum App. No. CT2016-0035, 2016-Ohio-
7931. Cause accepted and held for decision in 
2016-1652, State v. Brown, and briefing schedule 
stayed. On motion to stay court of appeals’ 
decision. Motion granted.

French, O’Neill, and Fischer, JJ., dissent and 
would not accept the cause and would deny the 
motion to stay.

APPEALS NOT ACCEPTED FOR REVIEW
2015-2018. State v. Dunlap.

Hamilton App. No. C-140594, 2015-Ohio-4644. 
DeWine, J., not participating.
2016-1266. State v. Neal.

Crawford App. No. 3-15-14, 2016-Ohio-3282.
2016-1293. State v. Turner.

Lake App. No. 2015-L-116, 2016-Ohio-4733.
2016-1305. Evans v. Avon.

Lorain App. No. 15CA010879, 2016-Ohio-5460. 
Kennedy and French, JJ., dissent.

2016-1319. State v. Garcia.

Summit App. Nos. 27810 and 27811, 2016-Ohio-
4667.
2016-1357. Marks v. Aurora Bd. of Zoning 
Appeals.

Portage App. No. 2015-P-0048, 2016-Ohio-5182. 
Kennedy, J., dissents.
2016-1358. Marks v. Aurora Bd. of Zoning 
Appeals.

Portage App. No. 2015-P-0049, 2016-Ohio-5183. 
Kennedy, J., dissents.
2016-1363. State v. Velazquez.

Muskingum App. No. CT2015-0043, 2016-Ohio-
5203.
2016-1369. State v. Amegatcher.

Delaware App. No. 15 CAC 10 0081, 2016-Ohio-
5198.
2016-1374. State v. Holt.

Cuyahoga App. No. 103772, 2016-Ohio-5246.
2016-1377. State v. Daniel.

Cuyahoga App. No. 103258, 2016-Ohio-5231.
2016-1391. Gattozzi v. Sheehan.

Cuyahoga App. No. 103246, 2016-Ohio-5230. 
Kennedy, J., dissents.
2016-1398. Troja v. Pleatman.

Hamilton App. No. C-150746, 2016-Ohio-5294. 
Fischer and DeWine, JJ., not participating.
2016-1399. State v. Johnson.

Hamilton App. Nos. C-150595 and C-150596, 
2016-Ohio-4934. Fischer and DeWine, JJ., not 
participating.
2016-1401. Fulmer v. W. Licking Joint Fire Dist.

Licking App. No. 16-CA-8, 2016-Ohio-5301.

O’Connor, C.J., dissents and would accept the 
cause on proposition of law No. I.

French, J., dissents.

Kennedy, J., not participating.
2016-1402. State v. Jones.

Cuyahoga App. No. 103495, 2016-Ohio-4565.

O’Neill and Fischer, JJ., dissent and would accept 
the cause on proposition of law Nos. I and III.

2016-1405. Wetzel v. Auto Owners Ins. Co.

Darke App. No. 2015-CA-25, 2016-Ohio-5355.
2016-1406. State v. Rose.

Preble App. No. CA2015-08-016, 2016-Ohio-
5289.
2016-1408. Taft, Stettinius, & Hollister, L.L.P. v. 
Calabrese.

Hamilton App. No. C-150097, 2016-Ohio-4713. 
O’Donnell, J., dissents. Fischer, J., not 
participating.
2016-1410. Willig v. Willig.

Hamilton App. No. C-150722. O’Donnell, J., 
dissents. Fischer, J., not participating.
2016-1415. State v. Silka.

Ashtabula App. No. 2015-A-0053, 2016-Ohio-
5784.
2016-1417. State v. Lein.

Cuyahoga App. No. 103954, 2016-Ohio-5330.
2016-1419. Resendez v. Allstate Ins. Co.

Ottawa App. No. OT-16-022.
2016-1420. State v. Tutt.

Cuyahoga App. No. 103181, 2016-Ohio-3259. 
O’Donnell and French, JJ., dissent.
2016-1421. Partin v. C.S. White Industries, Inc.

Miami App. No. 2015-CA-23, 2016-Ohio-4894. 
O’Donnell, J., dissents.

2016-1425. Kirila v. Kirila Contrs., Inc.

Trumbull App. No. 2015-T-0108, 2016-Ohio-5469.
2016-1430. Casares v. Mercy St. Vincent Med. 
Ctr.

Lucas App. No. L-15-1313, 2016-Ohio-5542. 
O’Donnell, Kennedy, and DeWine, JJ., dissent.

2016-1446. State v. Aquila.

Cuyahoga App. No. 103889, 2016-Ohio-5140.
2016-1454. Paulozzi v. Iannotti.

Cuyahoga App. No. 103381, 2016-Ohio-5511.
2016-1459. State v. Norman.

Mahoning App. No. 2016 MA 0110.

O’Donnell, J., dissents and would accept the 
cause on proposition of law Nos. II and III.
2016-1471. Martin v. Durrani.

Butler App. No. CA20160022, 2016-Ohio-5472. 
Fischer, J., not participating.
2016-1472. Martin v. Durrani.

Butler App. No. CA2016010023, 2016-Ohio-5472. 
Fischer, J., not participating.
2016-1473. State v. Han.

Stark App. No. 2016CA00085, 2016-Ohio-5613.
2016-1480. State v. Thomas.

Summit App. No. 27698, 2016-Ohio-5507.
2016-1508. State v. Croom.

Mahoning App. No. 14 MA 0175, 2016-Ohio-5686.
2016-1516. State v. Brooks.

Mahoning App. No. 14 MA 0150, 2016-Ohio-5685. 
French, J., dissents.

2016-1540. In re C.B.

Highland App. No. 16CA20, 2016-Ohio-7728.

2016-1597. State ex rel. Rarden v. Dept. of 
Rehab. & Corr.

Franklin App. No. 16AP-149, 2016-Ohio-7137.

2016-1602. Mills v. Westlake.

Cuyahoga App. No. 103643, 2016-Ohio-5836.

2016-1614. State v. Lusane.

Portage App. No. 2016-P-0009, 2016-Ohio-5886.
2016-1619. State v. Lewis.

Richland App. No. 15 CA 106, 2016-Ohio-7002.
2016-1621. State v. Bridges.

Cuyahoga App. Nos. 103634 and 104506, 2016-
Ohio-7298.
2016-1630. State v. Croom.

Mahoning App. No. 15 MA 0110, 2016-Ohio-6997.
2016-1631. State v. Pawlak.

Cuyahoga App. No. 103444, 2016-Ohio-5926.
2016-1634. State v. Johnson.

Delaware App. No. 16CAA030011, 2016-Ohio-
4617.
2016-1635. In re Estate of Leichman.

Warren App. No. 15-07-060, 2016-Ohio-4592.
2016-1670. State v. Sanders.

Ashland App. No. 15-COA-33, 2016-Ohio-7204.
2016-1680. Farmer v. Kidwell.

Knox App. No. 16CA07.
2016-1689. Jones v. Dept. of Rehab. & Corr.

Franklin App. No. 16AP-138, 2016-Ohio-5425.

2016-1691. Armatas v. Aultman Health Found.

Stark App. No. 2016CA00130, 2016-Ohio-7316.

2016-1692. State v. Dixon.

Montgomery App. No. 26873, 2016-Ohio-5538.

2016-1695. State v. Wofford.

Butler App. No. CA2016-03-057, 2016-Ohio-7188.
2016-1698. State v. Ingels.

Hamilton App. Nos. C-160295, C-160303, and C-
160304. O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.
2016-1699. Alford v. Crutchfield.

Warren App. No. CA2016-03-021, 2016-Ohio-
7295.
2016-1716. State v. Davis.

Cuyahoga App. No. 103764, 2016-Ohio-7222.
2016-1718. State v. Young.

Erie App. No. E-16-044.
2016-1719. State v. Bubenchik.

Stark App. No. 2016 CA 00086, 2016-Ohio-7289.
2016-1724. State v. Daviduk.

Stark App. No. 2015CA00209, 2016-Ohio-7515.
2016-1725. Armatas v. Cleveland Clinic Found.

Stark App. No. 2016CA00123, 2016-Ohio-7315.
2016-1748. State v. Newman.

Muskingum App. No. CT2016-0002, 2016-Ohio-
7498.
2016-1751. State v. Evans.

Wayne App. No. 15AP0054, 2016-Ohio-7256.
2016-1763. State v. Diaz.

Lucas App. No. L-16-1104, 2016-Ohio-7526.

2016-1764. State v. Bronczyk.

Cuyahoga App. No. 104326, 2016-Ohio-7494.

2016-1791. State v. Yancey.

Clermont App. No. CA2016-05-029.

2016-1793. State v. Wooden.

Summit App. No. 28108, 2016-Ohio-7465.

2016-1795. State v. Bevins.

Hamilton App. No. C-150550.

Fischer and DeWine, JJ., not participating.
2016-1799. State v. Dukes.

Summit App. No. 27966, 2016-Ohio-5596.
2016-1807. State v. Hairston.

Franklin App. No. 16AP-220, 2016-Ohio-7511. 
O’Donnell, J., not participating.
2017-0114. State v. Ezell.

Lucas App. No. L-15-1054.
2017-0129. In re Adoption of J.L.M-L.

Muskingum App. No. CT2016-0030, 2017-Ohio-
61. Fischer, J., dissents and would accept the 
cause on proposition of law No. I.
2017-0182. State v. Castagnola.

Summit App. No. 26185. Motion to remand denied 
as moot.
2017-0209. Dept. of Natural Resources v. 
Thomas.

Mercer App. No. 10-16-05, 2016-Ohio-8406. 
Motion for stay denied as moot.
2017-0253. State v. Payne.

Butler App. No. CA2015-12-219, 2016-Ohio-5470.
2017-0260. In re C.M.

Clermont App. No. CA2016-07-051, 2017-Ohio-
57. O’Neill, J., dissents.

2017-0275. State v. Battiste.

Cuyahoga App. No. 102299, 2017-Ohio-83.

RECONSIDERATION OF PRIOR DECISIONS
2016-1130. Hixon v. Gipson.

Hamilton App. Nos. C-150767 and C-150768. 
Reported at 147 Ohio St.3d 1506, 2017-Ohio-261, 
67 N.E.3d 823. On motion for reconsideration. 
Motion denied. Fischer and DeWine, JJ., not 
participating.
2016-1268. Snowden v. Ekeh.

Montgomery App. No. 26688, 2016-Ohio-4976. 
Reported at 148 Ohio St.3d 1415, 2017-Ohio-664, 
70 N.E.3d 599. On motion for reconsideration. 
Motion denied.
2016-1327. State v. Davic.

Franklin App. No. 15AP-1000, 2016-Ohio-4883. 
Reported at 147 Ohio St.3d 1508, 2017-Ohio-261, 
67 N.E.3d 824. On motion for reconsideration. 
Motion denied.
2016-1701. State ex rel. Ebersole v. Powell City 
Council.

In Mandamus. Reported at __ Ohio St.3d __, 
2017-Ohio-509, __ N.E.3d __. On motion for 
reconsideration. Motion denied.
2016-1704. State ex rel. Williams v. Trim.

Union App. No. 14-13-18. Reported at 147 Ohio 
St.3d 1511, 2017-Ohio-366, 68 N.E.3d 818. On 
motion for reconsideration. Motion denied. On 
motion to reclassify extension motion. Motion 
denied as moot.
2016-1863. State ex rel. Fockler v. Husted.

In Mandamus. Reported at __ Ohio St.3d __, 
2017-Ohio-224, __ N.E.3d __. On motion for 
reconsideration. Motion denied. On motion to 
strike incorrect statement. Motion denied.





OHIO CASE ANNOUNCEMENTS

April 18, 2017

[Cite as 04/18/2017 Case Announcements, 2017-
Ohio-1421.]

MERIT DECISIONS WITH OPINIONS

2015-1892. State v. Rahab, Slip Opinion No. 
2017-Ohio-1401.

Hamilton App. No. C-150186. Judgment affirmed. 
French and DeWine, JJ., concur. O’Connor, C.J., 
and O’Donnell and Kennedy, JJ., concur in 
judgment only. Hoover, J., concurs in part and 
dissents in part, with an opinion joined by

O’Neill, J. Marie Moraleja Hoover, J., of the Fourth 
District Court of Appeals, sitting for Fischer, J.

2016-0750. Perry v. Sloan, Slip Opinion No. 2017-
Ohio-1404.

Ashtabula App. No. 2015-A-0064, 2016-Ohio-
1605. Judgment affirmed. O’Connor, C.J., and 
O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.





Lawyer Advertising, Ex-Magistrate Representation 
Opinions Issued by Board of Professional 
Conduct
Staff Report | April 14, 2017

The Ohio Board of Professional Conduct today 
issued advisory opinions on lawyer advertising 
and the representation of clients by a former 
magistrate. The opinions update and replace 
opinions previously issued by the Board under the 
former Code of Professional Responsibility and 
the former Code of Judicial Conduct.

In Advisory Opinion 2017-3, the Board provides 
guidance for lawyers who desire to use 
unsolicited emails as a form of advertising to 
attract new clients.

As a general rule, lawyers are not permitted to 
solicit clients through in-person contact, real-time 
electronic contact, or by live telephone. However, 
other forms of non-direct solicitation by lawyers 
are permissible. The Board advises that email is a 
form of an indirect communication that may be 
utilized by lawyers seeking new clients. When 
using email as a form of advertisement, the 
lawyer must abide by other conduct rules 
including avoiding misleading communications, 
not engaging in unwanted communications or 
harassment, and adding a disclaimer that the 
email is an “Advertisement Only.” The opinion also 
advises that a lawyer may use third-party services 
to send the emails, as long as the lawyer 
maintains responsibility for the actions of the 
service and the content of the emails. The opinion 
updates and withdraws former Adv.Op 2004-1.

In Advisory Opinion 2017-04, the Board 
considered the ability of a former magistrate, now 
practicing law, to represent a domestic relations 
client, post-decree, in a matter originally heard by 
the magistrate.

The Board advises that a former magistrate may 
not represent the client, unless all parties give 
informed consent, in writing, to the representation. 
If the former magistrate is not permitted to 
represent the client, no lawyer in the former 
magistrate’s firm may represent the client unless 
the former magistrate is timely and properly 
screened by the firm, receives no part of the fee, 
and written notice is provided to the parties and 
the court.

The Board also advises that under the Ohio 
Ethics Law, the former magistrate is prohibited for 
12 months from representing a client in any 
matter the former magistrate personally 
participated before leaving public office. The 
opinion updates and withdraws former Adv. Op. 
2005-5.





OHIO CASE ANNOUNCEMENTS
April 13, 2017
[Cite as 04/13/2017 Case Announcements, 2017-
Ohio-1355.]

MERIT DECISIONS WITH OPINIONS

2016-0252. State ex rel. Bradford v. Dinkelacker, 
Slip Opinion No. 2017Ohio-1342.

Hamilton App. No. C-150714. Judgment affirmed 
and motion denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
and O’Neill, JJ., concur.

Fischer and DeWine, JJ., not participating.

2016-0812. State ex rel. Dailey v. Dawson, Slip 
Opinion No. 2017-Ohio-1350.

Cuyahoga App. No. 103237, 2016-Ohio-2837. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2017-0211. State v. Yuschak.

Medina App. No. 15CA0055-M, 2016-Ohio-8507. 
On appellee’s motion to strike for lack of service. 
Motion denied. Appellee may file a memorandum 
in response within 30 days from the date of this 
entry.

2017-0485. State ex rel. Brown v. Nusbaum.

Ross App. No. 16CA3572, 2017-Ohio-797. On 
appellant’s memorandum in support of jurisdiction. 
This cause originated in the court of appeals and, 
therefore, should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

The clerk shall issue an order for the transmission 
of the record from the Court of Appeals for Ross 
County, and the parties shall otherwise proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.07.

2 04-13-17





Ohio Board of Professional Conduct Files 
Disciplinary Case Reports and Recommendations
Staff Report | April 12, 2017

The Ohio Board of Professional Conduct today 
announced the filing of disciplinary case reports 
with the Ohio Supreme Court. Five reports 
recommend discipline for attorneys charged with 
professional misconduct. The sixth report 
recommends the reinstatement of an attorney 
previously suspended for misconduct.

Except in consent-to-discipline cases, the parties 
will have an opportunity to file objections to the 
board’s report and recommendation with the 
Supreme Court. If objections are filed, the case 
will be scheduled for oral argument. Oral 
argument is not scheduled in reinstatement 
cases, except upon order of the Court. In cases in 
which the board recommends acceptance of a 
consent-to-discipline agreement, no objections 
are permitted, and the case is submitted to the 
Court for consideration.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Cases on Report of the Board

Franklin County
Columbus Bar Association v. Earl Darren McNeal
Supreme Court Case No. 2017-0491
Recommended sanction: One-year suspension, 
stayed

Trumbull County
Trumbull County Bar Association v. Joseph 
Terrence Dull
Supreme Court Case No. 2017-0490
Recommended sanction: One-year suspension, 
six months stayed

Out-of-State

Disciplinary Counsel v. Brian Allan Maciak
Supreme Court Case No. 2017-0492
Recommended sanction: Two-year suspension, 
stayed

Consent-to-Discipline Cases

Cuyahoga County
Disciplinary Counsel v. Samuel Ray Smith II
Supreme Court Case No. 2017-0487
Recommended sanction: 18-month suspension, 
12 months stayed

Summit County
Disciplinary Counsel v. Gigi Hoang Fuhry
Supreme Court Case No. 2017-0489
Recommended sanction: Two-year suspension, 
six months stayed

Reinstatement Case

Mahoning County
Mahoning County Bar Association v. Charles 
Walter Theisler
Supreme Court Case No. 2009-1541
Recommendation: Grant reinstatement





Ohio Board of Professional Conduct


Schedule Released for April Disciplinary Hearings
Staff Report | April 3, 2017

The Ohio Board of Professional Conduct today 
announced April disciplinary hearings involving 
attorneys and judges charged with professional 
misconduct. All hearings take place before a 
three-member panel of the board and are open to 
the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

April 17 & 18
Disciplinary Counsel v. Andrew Mahlon Engel
Case No. 2016-030
Respondent’s address: 7925 Paragon Road, 
Centerville
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., West 
Hearing Room 104, Columbus

April 21
Disciplinary Counsel v. Mark Alan Deters
Case No. 2016-076
Respondent’s address: 2011 S. Lakeman Drive, 
Bellbrook
Respondent’s counsel: Alvin E. Mathews Jr., 
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

April 24
Cleveland Metropolitan Bar Association v. Rosel 
Charles Hurley III
Case No. 2017-001
Respondent’s address: 12800 Shaker Blvd., Suite 
230, Cleveland
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, West Hearing Room 104

April 24 & 25
Dayton Bar Association v. Derrick Anthony 
Strahorn
Case No. 2016-029
Respondent’s address: 6233 N. Main St., Dayton
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Moyer Judicial 
Center, North Hearing Room 106

April 28
Trumbull County Bar Association v. John Harold 
Large
Case No. 2016-045
Respondent’s address: 1569 Woodland NE, Suite 
1, Warren
Respondent’s counsel: Thomas J. Wilson, 
Youngstown Hearing Time/Location: 9:30 a.m.; 
Moyer Judicial Center, North Hearing Room 106





OHIO CASE ANNOUNCEMENTS
March 31, 2017
[Cite as 03/31/2017 Case Announcements, 2017-
Ohio-1176.]

MOTION AND PROCEDURAL RULINGS

In re Lewis.

On motion for leave to lift vexatious-litigator 
sanctions. Motion denied.

DISCIPLINARY CASES

2016-1868. Trumbull Cty. Bar Assn. v. Bellew.

Sua sponte, Timothy Eric Bellew, Attorney 
Registration No. 0067573, last known business 
address in Girard, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before February 23, 2017.

2016-1871. In re Resignation of Boston.

Sua sponte, Shannon C. Boston, Attorney 
Registration No. 0068515, last known business 
address in Westerville, Ohio, found in contempt 
for failure to surrender his certificate of admission 
and file an affidavit of compliance on or before 
February 21, 2017.

2017-0092. In re Pioch.

Sua sponte, Susan Marie Pioch, Attorney 
Registration No. 0012533, last known business 
address in Toledo, Ohio, found in contempt for 
failure to file an affidavit of compliance on or 
before February 22, 2017.





OHIO CASE ANNOUNCEMENTS
March 30, 2017
[Cite as 03/30/2017 Case Announcements, 2017-
Ohio-1153.]

MOTION AND PROCEDURAL RULINGS

2016-0564. Gyugo v. Franklin Cty. Bd. of Dev. 
Disabilities.

Franklin App. No. 15AP-150, 2016-Ohio-823. On 
the joint motion of appellee and amicus curiae 
state of Ohio for divided oral-argument time 
scheduled for April 4, 2017. Motion granted. 
Amicus curiae shall share the time allotted to 
appellee.

2016-0930. State v. Banks-Harvey.

Warren App. No. CA2015-08-073, 2016-Ohio-
2894. On the joint motion of appellee and amicus 
curiae, Ohio Attorney General Michael DeWine, 
for divided oral-argument time scheduled for April 
6, 2017. Motion granted. Amicus curiae shall 
share the time allotted to appellee.

2016-1318. Ferrara v. Vicchiarelli Funeral Servs., 
Inc.

Cuyahoga App. No. 104084, 2016-Ohio-5144. On 
appellees’ motion to strike appeal. Motion denied 
as moot.

2017-0097. Deutsche Bank Natl. Trust Co. v. 
Taylor.

Summit App. No. 28069, 2016-Ohio-7090. On 
appellee’s motion to strike notice of appeal and 
memorandum in support of jurisdiction due to 
improper service. Motion denied. Appellee may 
file a memorandum in response within 30 days of 
the date of this entry.

MISCELLANEOUS DISMISSALS

2017-0062. State ex rel. Patterson v. Sloan.

Ashtabula App. No. 2016-A-0018, 2016-Ohio-
2902. Appellant has not filed a merit brief and 
therefore has failed to prosecute this cause with 
the requisite diligence. Cause dismissed.

2017-0304. State ex rel. Bucher v. Stephens.

Butler App. No. CA2017-02-024. On appellant’s 
application for dismissal. Application granted. 
Cause dismissed.

2 03-30-17





OHIO CASE ANNOUNCEMENTS
March 24, 2017
[Cite as 03/24/2017 Case Announcements, 2017-
Ohio-1066.]

MOTION AND PROCEDURAL RULINGS

2017-0059. State v. Barnes.

Muskingum App. No. CT2005-0013. On 
appellee’s motion to strike for failure to provide 
service pursuant to S.Ct.Prac.R. 3.11(E)(1). 
Motion denied.

Appellee may file a memorandum in response 
within 30 days of the date of this entry.

2017-0126. State v. Barnes.

Muskingum App. No. CT2016-0024, 2016-Ohio-
8247. On appellee’s motion to strike for failure to 
provide service pursuant to S.Ct.Prac.R. 3.11(E)
(1). Motion denied.

Appellee may file a memorandum in response 
within 30 days of the date of this entry.

DISCIPLINARY CASES

2017-0280. Disciplinary Counsel v. Jackson.

On certification of default. Harry Earl Jackson, 
Attorney Registration No. 0021324, suspended 
from the practice of law for an interim period.

MISCELLANEOUS DISMISSALS

2016-1708. Engelhart v. Bluett.

Hamilton App. No. C-160189, 2016-Ohio-7237. 
On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2 03-24-17





OHIO CASE ANNOUNCEMENTS
March 16, 2017
[Cite as 03/16/2017 Case Announcements, 2017-
Ohio-922.]

MERIT DECISIONS WITH OPINIONS

2014-1032. Lutheran Social Servs. of Cent. Ohio 
Village Hous., Inc. v. Franklin Cty. Bd. of Revision, 
Slip Opinion No. 2017-Ohio-900.

Board of Tax Appeals, No. 2012-386 and 2012-
387. Decision vacated and cause remanded.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents and would affirm the 
decision of the Board of Tax Appeals.

MOTION AND PROCEDURAL RULINGS

2017-0356. State ex rel. Franklin v. Stark Cty. 
Dept. of Job & Family Servs.

Stark App. No. 2016CA00109. On appellant’s 
memorandum in support of jurisdiction. This 
cause originated in the court of appeals and, 
therefore, should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 501.

The clerk shall issue an order for the transmission 
of the record from the Court of Appeals for 
Cuyahoga County, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R. 16.02 
through 16.07.

DISCIPLINARY CASES

2014-1394. Cleveland Metro. Bar Assn. v. Sleibi.

On application for reinstatement. Jalal Tamer 
Sleibi, Attorney Registration No. 0076633, 
reinstated to the practice of law.

2015-0293. Disciplinary Counsel v. Williams.

On application for reinstatement. Orlando Joseph 
Williams, Attorney Registration No. 0033558, 
reinstated to the practice of law.

2016-1846. Disciplinary Counsel v. Edmondson.

Sua sponte, Christina Rose Edmondson, Attorney 
Registration No. 0080214, last known business 
address in Hebron, Kentucky, found in contempt 
for failure to file an affidavit of compliance on or 
before February 10, 2017.

2 03-16-17





Team from Indian Hill High School Wins State 
Mock Trial
Staff Report | March 15, 2017

Indian Hill High School Team Red (Hamilton 
County) defeated the Notre Dame Cathedral Latin 
High School-Legal Lions (Geauga County) to win 
the 34th annual high school Mock Trial state 
championship over the weekend.

Sponsored by the Ohio Center for Law-Related 
Education (OCLRE), the competition began on 
March 9 at the Franklin County Courthouse with 
32 teams from across the state. Indian Hill and 
Notre Dame each won four consecutive trials to 
advance to the championship, which took place 
on March 11 at the Ohio Statehouse and was 
broadcast live by the Ohio Channel. The Indian 
Hill team will compete for the National High 
School Mock Trial Championship, May 11-13, in 
Hartford, Connecticut.

Ohio Mock Trial is the state’s largest high school 
academic competition. More than 3,500 students 
participate each year, and about 1,000 legal 
professionals volunteer to serve as judges and 
team advisors. Each year, OCLRE writes an 
original case based on a relevant constitutional 
issue. This year’s case, Pat Justice v. CAT News 
et al., focused on a First Amendment issue in 
which students considered a case of defamation 
of a public official by a news station.

Students must prepare arguments for both plaintiff 
and defense. Ohio Mock Trial is designed to 
educate students about the U.S. Constitution and 
judicial system and to help them develop critical 
thinking, reading, writing, public speaking and 
listening skills.

The panel of judges for the final trial included 
Ohio State Bar Association President Ronald 
Kopp; Ohio State Bar Foundation President 
Andrew Storar; OCLRE Board of Trustees 
member Candice Suffren; Clermont County 
Common Pleas Court Judge Jerry R. McBride; 
Holmes County Department of Job and Family 
Services Personnel Director Jeff Ginsburg; 
Cleveland Metropolitan Bar Association Assistant 
Director of Community Programs & Information 
Jessica Paine; and Ohio Supreme Court Children 
& Families Section Manager Stephanie Nelson.





OHIO CASE ANNOUNCEMENTS
March 15, 2017

[Cite as 03/15/2017 Case Announcements #2, 
2017-Ohio-906.]

MOTION AND PROCEDURAL RULINGS
1989-0846. State v. Lott.

Cuyahoga App. No. 54537. On motion for order or 
relief pursuant to S.Ct.Prac.R.
4.01. Motion denied.
O’NEILL, J., concurring.

{¶ 1} I concur in the court’s decision to deny the 
motion of appellant, Gregory Lott, to vacate his 
death sentence and remand the matter to the trial 
court for a new sentencing hearing on the 
authority of Hurst v. Florida, ___ U.S. __, 136 
S.Ct. 616, 193 L.Ed.2d 504 (2016). I write 
separately to explain my vote and to reconcile it 
with my position that the death penalty is a cruel 
and unusual penalty and thus unconstitutional 
under the Eighth Amendment to the United States 
Constitution, State v. Wogenstahl, 134 Ohio St.3d 
1437, 2013-Ohio-164, 981 N.E.2d 900 (O’Neill, J., 
dissenting).

{¶ 2} Nearly 30 years ago, Lott waived his right to 
a jury trial both in writing and by verbal agreement 
before the trial court. Lott v. Bagley, N.D.Ohio No. 
1:04 CV 822, 2007 WL 2891272, *1 (Sept. 28, 
2007). He was represented by counsel at the time 
and he did not challenge the validity of his waiver 
on appeal. State v. Lott, 51 Ohio St.3d 160, 162, 
555 N.E.2d 293 (1990). In a petition for 
postconviction relief, Lott claimed that he was 
improperly induced to waive his right to a jury trial, 
but that issue was rejected because it was or 
could have been raised on direct appeal and thus 
was barred by res judicata. State v. Lott, 8th Dist. 
Cuyahoga Nos. 66388, 66389, and 66390, 1994 
WL 615012, *8 (Nov. 3, 1994). Lott was 
represented at trial, on direct appeal, and during 
post-conviction proceedings by different attorneys. 
Lott v. Bagley at *2, fn. 2 and 3; see generally 
State v. Cole, 2 Ohio St.3d 112, 443 N.E.2d 169 
(1982), syllabus (when a defendant represented 
by new counsel on appeal fails to raise a claim 
that trial counsel was incompetent, the issue is 
properly dismissed based on res judicata on a 
motion for postconviction relief). Any question 
regarding the validity of Lott’s jury waiver has 
been conclusively settled for decades.

{¶ 3} “Waiver is the intentional relinquishment or 
abandonment of a right * * *.” State v. Payne, 114 
Ohio St.3d 502, 2007-Ohio-4642, 873 N.E.2d 306, 
¶ 23. Lott consciously chose to be tried by a 
three-judge panel. Electing to be tried before such 
a panel is widely regarded as a reasonable trial 
strategy, particularly when the case is complex. 
E.g, State v. Young, 4th Dist. Scioto No. 
07CA3195, 2008-Ohio-4752, ¶ 50-51.

{¶ 4} The ruling in Hurst invalidated Florida’s 
capital-sentencing scheme based on the right to a 
jury trial under the Sixth Amendment to the United 
States Constitution. Hurst at 621

622. In the future, this court may have to consider 
whether Ohio’s capital-sentencing scheme is 
constitutional after Hurst. However, it is unlikely 
that Lott’s case will provide the fact pattern that 
will clarify that issue. Simply stated, Lott waived 
the right upon which Hurst is based. Lott placed 
his future in the hands of a three-judge panel 
decades ago, and his motion relying upon Hurst 
presents inadequate grounds to support ordering 
a new capital-sentencing hearing before a jury.

{¶ 5} Based upon recent cases that have come 
before this court and before federal courts, I 
remain convinced that capital punishment is 
inherently cruel and unusual and is barbaric in the 
way that it has been carried out. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900 
(O’Neill, J. dissenting); State v. Broom, 146 Ohio 
St.3d 60, 2016-Ohio-1028, 51 N.E.3d 620, ¶ 92 
(O’Neill, J. dissenting); see also In re Ohio 
Execution Protocol Litigation, S.D.Ohio No. 2:11–
cv–1016, 2017 WL 378690 (Jan. 26, 2017). But 
because Lott has not asked for relief under the 
Eighth Amendment to the United States 
Constitution, and because the ruling today does 
not advance the date of Lott’s execution or affirm 
the validity of his death sentence, I respectfully 
join the court’s decision.

{¶ 6} For the foregoing reasons, I concur.

2 03-15-17

APPEALS NOT ACCEPTED FOR REVIEW
2016-0423. State v. Wogenstahl.
Hamilton App. No. C-140683, 2015-Ohio-5346. 
Fischer and DeWine, JJ., not participating.
O’NEILL, J., concurring.

{¶ 1} I concur in the court’s decision not to 
exercise jurisdiction over Jeffrey A. Wogenstahl’s 
appeal from the court of appeals’ judgment 
affirming the trial court’s refusal to grant him a 
new trial. I write separately to explain why.

{¶ 2} Amici Curiae National Association of 
Criminal Defense Lawyers and The Innocence 
Network claim that Wogenstahl was one of 
several hundred individuals nationwide against 
whom a Federal Bureau of Investigation expert 
offered scientifically invalid microscopic-hair-
comparison evidence. Wogenstahl claims that the 
Department of Justice reviewed the expert’s 
testimony in his trial and declared in a letter that 
based upon a new understanding about what this 
methodology can actually prove, the expert 
testified “beyond the bounds of science.”

{¶ 3} Based on this new evidence, Wogenstahl 
filed a motion for leave to file a motion for a new 
trial and a motion for a new trial. The trial court 
denied his motion for leave. On appeal, the court 
of appeals held that the trial court had erred in not 
granting him leave to file his motion for a new trial 
but that Wogenstahl had not been prejudiced by 
the denial of leave, because “the record does not 
disclose a strong probability that the newly 
discovered evidence would change the outcome if 
a new trial were granted.” 2015-Ohio-5346 at ¶ 
36. Wogenstahl now appeals that ruling to this 
court, asserting both that the court of appeals 
applied a higher standard than it should have in 
reviewing his motion and that the new evidence 
satisfies even the standard applied by the court of 
appeals.

{¶ 4} Wogenstahl’s appeal was filed in this court in 
March 2016, and according to Wogenstahl, less 
than two months later, the Harrison Police 
Department released to him its full investigatory 
file on his case. Asserting that some of the 
information in the file calls into question his 
convictions and death sentence and that the 
prosecution had failed to provide the

3 03-15-17

information to his counsel at the time of trial, 
Wogenstahl asks this court to remand the matter 
to the trial court so that he can file a new motion 
for new trial that is based on both the new 
evidence from the Department of Justice and the 
newly discovered information in the police file. 
Although Wogenstahl filed an appendix to his 
motion to remand containing documents allegedly 
from the police file that he asserts support his 
motion for a new trial, I will not comment on those 
documents, which are not part of the record in his 
present appeal.

{¶ 5} These circumstances present a dilemma. 
Accepting the present appeal would be premature 
in the sense that we are limited to an incomplete 
picture of the evidence Wogenstahl has recently 
discovered. And whatever decision we might 
come to would be inconsequential if Wogenstahl 
were eventually granted a new trial based on the 
evidence in the investigatory file.

{¶ 6} Presuming that this court’s decision not to 
exercise jurisdiction over this appeal will 
immediately end this litigation and allow 
Wogenstahl to start over with a new motion in the 
trial court, I respectfully concur.

4 03-15-17





OHIO CASE ANNOUNCEMENTS
March 14, 2017

[Cite as 03/14/2017 Case Announcements #2, 
2017-Ohio-902.]

MOTION AND PROCEDURAL RULINGS
2017-0315. State ex rel. Rocco v. Cuyahoga Cty. 
Bd. of Elections.

In Mandamus. On relator’s motion to expedite. 
Motion granted. The following schedule for the 
presentation of evidence and filing of briefs is set 
for this case.

Relator shall file any evidence and a merit brief 
within three days of the date of this entry; 
respondents shall file any evidence and a merit 
brief within three days of the filing of relator’s 
merit brief; and relator may file a reply brief within 
three days of the filing of respondents’ merit brief.
2017-0321. State ex rel. Rocky Ridge Dev., L.L.C. 
v. Winters.

In Prohibition. On relators’ motion for emergency 
stay and expedited alternative writ. Emergency 
stay denied. Expedited alternative writ granted. 
The following briefing schedule is set for the 
presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05.

Respondent shall file an answer within three days 
of the date of this entry; relators shall file a brief 
and evidence within seven days of the filing of 
respondent’s answer; respondent shall file a brief 
and evidence within seven days of the filing of 
relators’ brief; and relators may file a reply brief 
within three days after the filing of respondent’s 
brief.

The preliminary injunction issued by respondent 
shall remain in effect while this action remains 
pending, and the proceedings in the action 
pending before respondent are otherwise stayed 
in accordance with S.Ct.Prac.R. 12.05.

O’Donnell, J., concurs in part and dissents in part, 
would deny the request for a stay of the 
preliminary injunction as moot because the trial 
court has already granted that relief, and would 
deny the motion for expedited alternative writ but 
permit Rocky Ridge to remediate the conditions in 
the notice of violation issued by the EPA pending 
further proceedings in the common pleas court.

2 03-14-17





OHIO CASE ANNOUNCEMENTS
March 14, 2017
[Cite as 03/14/2017 Case Announcements, 2017-
Ohio-895.]

MERIT DECISIONS WITH OPINIONS

2014-1794. Emerson v. Erie Cty. Bd. of Revision, 
Slip Opinion No. 2017Ohio-865.

Board of Tax Appeals, No. 2012-Y-2287. Decision 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2014-1820. Johnston Coca-Cola Bottling Co., Inc. 
v. Hamilton Cty. Bd. of Revision, Slip Opinion No. 
2017-Ohio-870.

Board of Tax Appeals, No. 2013-5973. Decision 
affirmed as modified.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.





OHIO CASE ANNOUNCEMENTS
March 13, 2017
[Cite as 03/13/2017 Case Announcements, 2017-
Ohio-866.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF MARCH 13, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the March 13, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format. 2014-0249. Krehnbrink v. 
Testa, 148 Ohio St.3d 129, 2016-Ohio-3391. 
2014-0688. Morris v. Morris, 148 Ohio St.3d 138, 
2016-Ohio-5002. 2014-1594. Jefferson Industries 
Corp. v. Madison Cty. Bd. of Revision, 148

Ohio St.3d 181, 2016-Ohio-7089.

2014-1881 and 2014-1962. Onderko v. Sierra 
Lobo, Inc., 148 Ohio St.3d 156,
2016-Ohio-5027.
2014-2190. In re A.G., 148 Ohio St.3d 118, 2016-
Ohio-3306.
2015-1093. State v. Sergent, 148 Ohio St.3d 94, 
2016-Ohio-2696.
2015-1221. State v. J.M., 148 Ohio St.3d 113, 
2016-Ohio-2803.
2015-1243. State ex rel. BF Goodrich Co., 
Specialty Chems. Div. v. Indus.

Comm., 148 Ohio St.3d 212, 2016-Ohio-7988.
2015-1419. Smith v. Erie Ins. Co., 148 Ohio St.3d 
192, 2016-Ohio-7742.

2015-1427. State v. Jones, 148 Ohio St.3d 167, 
2016-Ohio-5105.

2016-0260. Cincinnati Bar Assn. v. Hauck, 148 
Ohio St.3d 203, 2016-Ohio7826.

2016-0353. In re A.J., 148 Ohio St.3d 218, 2016-
Ohio-8196.

2016-0729. State ex rel. Dir., Ohio Dept. of 
Agriculture v. Forchione, 148 Ohio St.3d 105, 
2016-Ohio-3049.

2016-0856. Disciplinary Counsel v. Truax, 148 
Ohio St.3d 190, 2016-Ohio7334.

2016-1277. State ex rel. Sensible Norwood v. 
Hamilton Cty. Bd. of Elections, 148 Ohio St.3d 
176, 2016-Ohio-5919.

2016-1654. In re Resignation of Richman, 148 
Ohio St.3d 1201, 2016-Ohio7972.

MOTION AND PROCEDURAL RULINGS

2011-1921. State v. Sowell.

Cuyahoga C.P. No. CR-09-530885. On appellant’s 
motion to clarify due date. Motion granted. The 
application for reopening is due May 17, 2017.

2016-1713. Beavercreek Towne Station, L.L.C. v. 
Kohl’s Illinois, Inc.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. Sua sponte, briefing 
schedule stayed and appellants’ joint motion to 
stay briefing deadlines denied as moot.

DISCIPLINARY CASES

2017-0193. Cincinnati Bar Assn. v. May.

On certification of default. Neal Allen May, 
Attorney Registration No. 0062317, suspended 
from the practice of law for an interim period.

2 03-13-17

2017-0210. Disciplinary Counsel v. Edmondson.

On certified order of the Supreme Court of 
Kentucky, No. 2016-SC-000388-KB. Christina 
Rose Edmondson, Attorney Registration No. 
0080214, suspended from the practice of law in 
Ohio for a period of 181 days, to run concurrently 
with her suspension in case No. 2016-1846 and 
all other current suspensions.

MISCELLANEOUS DISMISSALS

2016-1591. Fravel v. Columbus Rehab. & 
Subacute Inst.

Franklin App. No. 16AP-270, 2016-Ohio-5807. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.

3 03-13-17





OHIO CASE ANNOUNCEMENTS
March 10, 2017
[Cite as 03/10/2017 Case Announcements, 2017-
Ohio-846.]

MOTION AND PROCEDURAL RULINGS

2017-0204. In re Application of Dayton Power & 
Light Co. to Establish a Std. Serv. Offer in the 
Form of an Elec. Sec. Plan.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the 
Office of the Ohio Consumers’ Counsel for leave 
to amend its notice of appeal. Motion granted.

2017-0205. In re Application of Dayton Power & 
Light Co. to Establish a Std. Serv. Offer in the 
Form of an Elec. Sec. Plan.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. On motion of the 
Office of the Ohio Consumers’ Counsel for leave 
to amend its notice of appeal. Motion granted.





OHIO CASE ANNOUNCEMENTS
March 9, 2017
[Cite as 03/9/2017 Case Announcements #2, 
2017-Ohio-835.]

MOTION AND PROCEDURAL RULINGS

2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus. On respondents’ motion for 
protective order. Motion denied. On

relators’ motion to compel. Motion denied. 
O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
and Fischer, JJ., concur. French and DeWine, JJ., 
not participating.





OHIO CASE ANNOUNCEMENTS
March 9, 2017
[Cite as 03/09/2017 Case Announcements, 2017-
Ohio-832.]

MERIT DECISIONS WITH OPINIONS

2015-1841. State ex rel. Marsh v. Tibbals, Slip 
Opinion No. 2017-Ohio-829.

Madison App. No. CA2015-04-013. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. On 
appellant’s motion to unseal record. Motion 
denied. Counsel for appellant in this case and 
counsel for appellant in his postconviction-relief 
proceedings may come to the Supreme Court of 
Ohio Clerk’s Office to review the sealed 
documents.

DISCIPLINARY CASES

2016-0259. Disciplinary Counsel v. Simmonds.

On notice of violation and motion to lift stay. 
Rasheed Asani Simmonds, Attorney Registration 
No. 0067797, found in contempt, stay of 
suspension revoked, and respondent suspended 
from the practice of law for one year.






31 Victims of Attorney Theft Awarded More Than 
$180,000
Staff Report | March 8, 2017

The Board of Commissioners of the Lawyers’ 
Fund for Client Protection awarded a $75,000 
maximum claim as part of $180,445.18 distributed 
to 31 victims of attorney theft at its meeting March 
3. Thirteen former or suspended Ohio attorneys 
were found to have misappropriated client funds. 
Three deceased attorneys also were involved in 
claims.

Cuyahoga County
The board determined that former clients of six 
attorneys were eligible for reimbursement.

    A former client of deceased attorney Carl F. 
Gillombardo Jr. was reimbursed $1,500 as a 
result of Gillombardo’s failure to complete the 
services requested before his death on April 22, 
2015.
    A former client of former attorney Matthew J. 
King was reimbursed $300 as a result of King’s 
failure to provide the services requested. King’s 
license to practice law in Ohio was suspended on 
Dec. 21, 2016.
    A former client of deceased attorney Donald R. 
Murphy was reimbursed $6,990 as a result of 
Murphy’s failure to complete the services 
requested before his death on Feb. 14, 2016.
    A former client of former attorney Kevin Purcell 
was reimbursed $48,935.43 as a result of 
Purcell’s conversion of client funds. Purcell 
resigned from the practice of law in Ohio, with 
discipline pending, on May 28, 2015.
    Two former clients of suspended attorney Guy 
D. Rutherford were reimbursed a total of $9,100 
as a result of Rutherford’s failure to provide the 
services requested. Rutherford’s license to 
practice law in Ohio was suspended on Feb. 1.
    A former client of former attorney William L. 
Summers was reimbursed $5,000 as a result of 
Summers’ failure to provide the services 
requested. Summers resigned from the practice of 
law in Ohio, with discipline pending, on Oct. 20, 
2016.

Delaware County
A former client of former attorney Jennifer L. 
Coriell was reimbursed $12,500 as a result of 
Coriell’s failure to provide the services requested. 
Coriell resigned from the practice of law in Ohio, 
with discipline pending, on Dec. 16, 2016.

Fairfield County
A former client of deceased attorney Ronald C. 
Stoughton Sr. was reimbursed $1,000 as a result 
of Stoughton’s failure to complete the services 
requested before his death on March 26, 2016.

Franklin County
The board awarded reimbursement to former 
clients of two attorneys.

    Two former clients of suspended attorney 
Mohammed Noure Alo were reimbursed a total of 
$2,000 as a result of Alo’s failure to provide the 
services requested. Alo’s license to practice law in 
Ohio was suspended on Jan. 22, 2016.
    A former client of suspended attorney Joseph 
D. Reed was reimbursed $375 as a result of 
Reed’s failure to provide the services requested. 
Reed’s license to practice law in Ohio was 
suspended on Nov. 14, 2016.

Huron County
Thirteen former clients of suspended attorney 
Charles R. Smith III were reimbursed a total of 
$12,205 as a result of Smith’s failure to provide 
the services requested. Smith’s license to practice 
law in Ohio was suspended indefinitely on March 
10, 2016.

Licking County
A former client of former attorney Stephanie G. 
Gussler was reimbursed $1,000 as a result of 
Gussler’s failure to provide the services 
requested. Gussler resigned from the practice of 
law in Ohio, with discipline pending, on Sept. 26, 
2016.

Morrow County
Two former clients of former attorney William M. 
Adams were reimbursed a total of $2,499.75 as a 
result of Adams’ failure to provide the services 
requested. Adams resigned from the practice of 
law in Ohio, with discipline pending, on April 18, 
2014.

Shelby County
A former client of former attorney Joshua S. 
Albright was reimbursed $1,540 as a result of 
Albright’s failure to provide the services 
requested. Albright resigned from the practice of 
law in Ohio, with discipline pending, on June 10, 
2016.

Trumbull County
The board awarded reimbursement to former 
clients of two attorneys.

    A former client of suspended attorney Timothy 
E. Bellew was reimbursed $500 as a result of 
Bellew’s failure to provide the services requested. 
Bellew’s license to practice of law in Ohio was 
suspended on Jan. 24.

    The ex-spouse of a former client of former 
attorney David K. Roland was reimbursed the 
maximum award amount of $75,000 as a result of 
Roland’s failure to account for funds deposited 
with him. Rolandwas disbarred from the practice 
of law in Ohio on Aug. 31, 2016.

The Ohio Supreme Court created the Lawyers’ 
Fund for Client Protection in 1985 to reimburse 
victims of attorney theft, embezzlement or 
misappropriation. The fund is not taxpayer 
funded, but is funded primarily by registration fees 
paid by every Ohio attorney. Ohio has more than 
44,000 attorneys engaged in the active practice of 
law with less than 1 percent involved in claims 
reimbursed by the fund.

Law clients who believe they have sustained 
financial losses resulting from attorney theft, 
embezzlement, or misappropriation should 
contact the fund by calling 614.387.9390 or 
1.800.231.1680.






Students’ Legal Battle to End at the Ohio 
Statehouse
Staff Report | March 8, 2017

About 300 Ohio high school students will arrive in 
Columbus on March 9 to vie to become state 
champion of the 34th Annual Ohio Mock Trial 
Competition.

In this year’s fictitious case, Pat Justice v. CAT 
News et al., students will consider the defamation 
of a public official by a news station. Gov. Pat 
Justice speaks at a school assembly. Afterward, 
he meets with the school principal and an 
argument ensues. Gov. Justice leaves abruptly, 
and the principal is found dead from a brain 
aneurysm. A student who overheard the argument 
reports to a local news outlet that Gov. Justice 
killed the principal. While the student’s account is 
quickly disproven, the story goes viral. The 
governor loses a bid for re-election and files civil 
suit against the news station, alleging defamation.

Mock trial teams from the following high schools 
have advanced from district and regional 
competitions:

    Athens County; home-school team – Olivia 
Davidson Washington
    Butler County – Talawanda High School
    Clark County – Springfield High School
    Cuyahoga County – Hathaway Brown High 
School, Orange High School, Strongsville High 
School
    Franklin County – Bishop Watterson High 
School, Columbus School for Girls, Dublin Jerome 
High School, Thomas Worthington High School, 
Westerville North High School
    Geauga County – Notre Dame Cathedral Latin 
High School
    Hamilton County – Indian Hills High School, 
Reading Community High School, St. Xavier High 
School, Summit Country Day School, Sycamore 
High School
    Knox County – Danville School District
    Lorain County – Lake Ridge Academy
    Lucas County – Sylvania Southview High 
School
    Montgomery County – Dayton Early College 
Academy
    Scioto County – Portsmouth High School
    Stark County – Lake High School Uniontown, 
Perry High School
    Summit County – Archbishop Hoban High 
School, St. Vincent St. Mary High School
    Warren County – Kings High School

Each team consists of five to 11 students who 
assume the roles of witnesses and attorneys to 
present both sides of an original case based on a 
constitutional issue. Each team will compete in 
two trials against opposing teams.

Ohio Mock Trial is a program of the Ohio Center 
for Law-Related Education and is Ohio’s largest 
high school academic competition. More than 
3,500 students participate each year, and about 
1,000 legal professionals volunteer to serve as 
judges, competition coordinators and team 
advisors. Mock Trial is designed to educate 
students about the rights and responsibilities of 
citizens. Students also develop critical thinking, 
reading, writing, public speaking, and listening 
skills.

The 2017 State Champion will represent Ohio at 
the National High School Mock Trial 
Championship in Hartford, Connecticut May 11-
13.





OHIO CASE ANNOUNCEMENTS
March 8, 2017
[Cite as 03/08/2017 Case Announcements, 2017-
Ohio-826.]

MERIT DECISIONS WITH OPINIONS

2017-0079. State ex rel. Delaware Joint 
Vocational School Dist. Bd. of Edn. v. Testa, Slip 
Opinion No. 2017-Ohio-796.

In Mandamus. Writ denied.

O’Donnell, Kennedy, O’Neill, and DeWine, JJ., 
concur.

O’Connor, C.J., dissents, with an opinion joined 
by French and Fischer, JJ.

MOTION AND PROCEDURAL RULINGS

2015-1309. State v. Ford.

Summit C.P. No. CR 2013 04 1008 (A). On 
appellee’s motion to supplement the record. 
Motion granted. The Summit County clerk of 
courts shall supplement the record within 20 days 
of the date of this entry with a certified copy of the 
transcript of the hearing held October 3, 2014, at 
4:30 p.m.

On appellee’s motion to supplement its merit brief. 
Motion denied for failure to comply with 
S.Ct.Prac.R. 3.13. The court takes notice of page 
94 of appellee’s merit brief, which is attached to 
the motion to supplement the merit brief.

2016-0585. Nationwide Mut. Ins. Co. v. Lucarell.

Mahoning App. Nos. 2013 MA 00074 and 2013 
MA 00133. On appellant’s motion to reschedule 
oral argument. Motion denied.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0276. Worthington City Schools Bd. of Edn. 
v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-151.

2017-0285. Hertz Ctr. at 600 Vine, L.L.C. v. 
Hamilton Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-2427.

2017-0297. Greenway Ohio, Inc. v. Cuyahoga Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2016-2531.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days of the date of this entry, and the parties 
shall otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As provided in 
S.Ct.Prac.R. 16.07, the court may dismiss these 
cases or take other action if the parties fail to 
timely file merit briefs.

2016-1549. Johnson v. Clark Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-326.

2017-0003. Worthington City Schools Bd. of Edn. 
v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-414.

2 03-08-17





OHIO CASE ANNOUNCEMENTS
March 6, 2017
[Cite as 03/06/2017 Case Announcements #2, 
2017-Ohio-787.]

MOTION AND PROCEDURAL RULINGS

2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus. Sua sponte, relators are ordered to 
file a response, if any, to the motion for protective 
order no later than 12:00 p.m. on Wednesday, 
March 8, 2017.







CASE ANNOUNCEMENTS
March 6, 2017
[Cite as 03/06/2017 Case Announcements, 2017-
Ohio-772.]

OHIO MERIT DECISIONS WITH OPINIONS

2015-0384 and 2015-0385. State v. Gonzales, 
Slip Opinion No. 2017-Ohio-777.

Wood App. No. WD-13-086, 2015-Ohio-461. 
Motion for reconsideration granted,

decision vacated, and judgment reversed. 
O’Connor, C.J., and O’Donnell, French, and 
DeWine, JJ., concur. DeWine, J., concurs, with an 
opinion. Fischer, J., concurs in part and dissents 
in part, with an opinion. Kennedy, J., dissents, 
with an opinion. O’Neill, J., dissents, with an 
opinion.

MISCELLANEOUS DISMISSALS

2016-0054. State ex rel. Noxious Vegetation 
Control, Inc. v. Ohio Bur. of Workers’ Comp.

Franklin App. No. 14AP-51, 2015-Ohio-5234. On 
appellant’s application for dismissal. Application 
granted. Cause dismissed.







OHIO CASE ANNOUNCEMENTS
March 1, 2017
[Cite as 03/01/2017 Case Announcements, 2017-
Ohio-717.]

MOTION AND PROCEDURAL RULINGS

2012-0902. State v. Belton.

Lucas C.P. No. CR0200802934000. On 
appellant’s motion for appointment of counsel. 
Motion granted. Elizabeth Arrick is appointed to 
represent appellant for the purpose of filing an 
application to reopen his direct appeal pursuant to 
S.Ct.Prac.R. 11.06.

MISCELLANEOUS DISMISSALS

2015-1904. Lorring v. Cleveland.

In Mandamus. On joint stipulation of dismissal 
with prejudice. Cause dismissed with prejudice.





OHIO CASE ANNOUNCEMENTS
March 3, 2017
[Cite as 03/03/2017 Case Announcements, 2017-
Ohio-749.]

DISCIPLINARY CASES

2016-0261. Disciplinary Counsel v. Joltin.

Sua sponte, Benjamin Joltin, Attorney 
Registration No. 0072993, last known business 
address in Canfield, Ohio, found in contempt for 
failure to surrender his attorney-registration card 
and failure to file an affidavit of compliance on or 
before January 18, 2017.

2016-0853. Columbiana Cty. Bar Assn. v. 
Barborak.

Sua sponte, Virginia Mary Barborak, Attorney 
Registration No. 0068601, last known business 
address in Lisbon, Ohio, found in contempt for 
failure to surrender her attorney-registration card, 
failure to surrender her certificate of admission, 
and failure to file an affidavit of compliance on or 
before January 18, 2017.

2016-0994. Disciplinary Counsel v. DeMasi.

On respondent’s motion to purge contempt. 
Motion granted.

MISCELLANEOUS DISMISSALS

2016-1451. Kinderdine v. Mahoning Cty. 
Educational Serv. Ctr.

Mahoning App. No. 2014 MA 00180, 2016-Ohio-
5482. On appellant’s application for dismissal. 
Application granted. Cause dismissed.

2016-1452. Kinderdine v. Alleman.

Mahoning App. No. 2014 MA 0177, 2016-Ohio-
5481. On appellants’ application for dismissal. 
Application granted. Cause dismissed.





OHIO CASE ANNOUNCEMENTS
March 2, 2017
[Cite as 03/2/2017 Case Announcements, 2017-
Ohio-724.]

MOTION AND PROCEDURAL RULINGS

2013-0536. State v. Spaulding.

Summit C.P. No. CR 12 05 1508. On appellant’s 
motion for stay of execution of death sentence 
pending disposition of available state remedies. 
Motion granted. This stay shall remain in effect 
until exhaustion of all state postconviction 
proceedings, including any appeals.






Attorneys Reminded to Report Their 2016 Pro 
Bono Involvement
Staff Report | February 24, 2017

Ohio attorneys registered for active, corporate, or 
emeritus pro bono status have about a month to 
voluntarily report their 2016 pro bono activities.

Attorneys received an email in January with a link 
to a website where pro bono information can be 
reported. The portal is open until March 31. All 
information is collected anonymously.

Any pro bono work, including financial 
contributions to organizations that provide legal 
services to people of limited means, can be 
reported.

The Ohio Legal Assistance Foundation compiles 
the responses and uses the data to improve the 
delivery of civil legal services to low-income 
Ohioans. The information is shared with the Ohio 
Supreme Court, bar associations, and legal aid 
organizations across the state.

Participating attorneys in 2015 reported more than 
76,000 hours of pro bono legal services valued at 
more than $10 million.

Attorneys who wish to participate in voluntary pro 
bono reporting may request a link to the reporting 
website by email to justiceinaction@olaf.org.





OHIO CASE ANNOUNCEMENTS
February 24, 2017
[Cite as 02/24/2017 Case Announcements, 2017-
Ohio-664.]

MOTION AND PROCEDURAL RULINGS

2014-1290. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10 regarding Elec. Cos.

Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint status report filed 
by appellant and appellee, it is ordered by the 
court that the stay of the briefing schedule is 
hereby extended. The parties shall notify the court 
within 180 days from the date of this entry of the 
status and whether the stay may be lifted.

2014-1633. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10 regarding Elec. Cos.

Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint status report filed 
by appellants and appellee, it is ordered by the 
court that the stay of the briefing schedule is 
hereby extended. The parties shall notify the court 
within 180 days from the date of this entry of the 
status and whether the stay may be lifted.

2016-1252. Preterm-Cleveland, Inc. v. Kasich.

Cuyahoga App. No. 103103, 2016-Ohio-4859. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Cuyahoga 
County.

Upon review of the notice of automatic exclusion 
filed in this case by the Office of Attorney 
Services, it is evident that Jennifer Lee has not 
complied with the pro hac vice registration 
requirements as outlined in Gov.Bar R. XII. 
Therefore, it is ordered by the court that the pro 
hac vice admission of Jennifer Lee is revoked.

2016-1268. Snowden v. Ekeh.

Montgomery App. No. 26688, 2016-Ohio-4976. 
This cause came on for further consideration 
upon the filing of appellant’s motion for stay in 
lower-court proceedings. It is ordered by the court 
that the motion is denied as moot.

2016-1381. State v. Sinkovitz.

Hocking App. No. 13CA12, 2014-Ohio-4492. This 
cause came on for further consideration upon the 
filing of appellant’s motion for stay of execution of 
sentence. It is ordered by the court that the 
motion is denied as moot.

2017-0063. State v. Halsey.

Butler App. No. CA2016-01-001, 2016-Ohio-7990. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Butler 
County.

Upon review of appellee’s memorandum in 
response to jurisdiction, it is ordered by the court, 
sua sponte, that the memorandum in response is 
stricken as untimely pursuant to S.Ct.Prac.R. 
7.03(A)(1).

DISCIPLINARY CASES

2007-2381. Columbus Bar Assn. v. Hayes.

On January 17, 2017, respondent, Michael Jeffrey 
Hayes, filed an application to terminate probation. 
Upon consideration thereof, the court finds that 
respondent has substantially complied with 
Gov.Bar R. V(21)(D) and with its order, dated 
December 13, 2013, in which the court reinstated 
respondent to the practice of law and placed him 
on monitored probation with conditions for three 
years.

On consideration thereof, it is ordered by this 
court that the probation of respondent, Michael 
Jeffrey Hayes, Attorney Registration No. 0069111, 
last known business address in Columbus, Ohio, 
is terminated.

It is further ordered that the clerk of this court 
issue certified copies of this order as provided for 
in Gov.Bar R. V(17)(D)(1) and that publication be 
made as provided for in Gov.Bar R. V(17)(D)(2).

02-24-17 2





OHIO CASE ANNOUNCEMENTS
February 23, 2017
[Cite as 02/23/2017 Case Announcements, 2017-
Ohio-644.]

MOTION AND PROCEDURAL RULINGS

2011-1921. State v. Sowell.

Cuyahoga C.P. No. CR-09-530885. This cause 
came on for further consideration upon the filing 
of appellant’s motion for appointment of counsel. 
It is ordered by the court that the motion is 
granted and Daniel P. Jones is appointed to 
represent appellant for the purposes of filing an 
application to reopen his direct appeal pursuant to 
S.Ct.Prac.R. 11.06.

2016-0317. State v. Anderson.

Montgomery App. No. 26525, 2016-Ohio-135. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Montgomery 
County.

Upon consideration of the motion of amicus curiae 
Ohio Attorney General Michael DeWine to 
participate in oral argument scheduled for 
Tuesday, February 28, 2017, it is ordered by the 
court that the motion is granted. Amicus curiae 
Ohio Attorney General Michael DeWine is 
permitted five minutes of oral-argument time and 
shall argue after the completion of appellee’s 15 
minutes of oral-argument time.

It is further ordered that appellant is allotted 20 
total minutes of oral-argument time.

2017-0100. State v. Dye.

Cuyahoga App. No. 103907, 2016-Ohio-8044. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Allen Bloom, it is ordered by the 
court that the motion is granted. Pursuant to 
Gov.Bar

R. XII(4), counsel shall file a notice of permission 
to appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days of the 
date of this entry.

2017-0115. State v. Bonnell.

Cuyahoga C.P. No. CR-87-223820-ZA. This 
cause is pending before the court as an appeal 
from the Court of Common Pleas of Cuyahoga 
County.

Upon consideration of appellant’s motion for an 
extension of time to file the record, it is ordered by 
the court that the motion is granted. The time for 
the Clerk of the Cuyahoga County Court of 
Common Pleas to transmit the record is hereby 
extended to March 20, 2017.

2017-0171. Arpin v. Consol. Rail Co.

Cuyahoga App. No. 104279, 2016-Ohio-8313. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Dan Himmelfarb, it is ordered by 
the court that the motion is granted. Pursuant to 
Gov.Bar R. XII(4), counsel shall file a notice of 
permission to appear pro hac vice with the 
Supreme Court’s Office of Attorney Services 
within 30 days of the date of this entry.

MISCELLANEOUS DISMISSALS

2017-0107. Huntington Natl. Bank v. Widenmeyer.

Medina App. No. 15CA0066-M. This cause is 
pending before the court as a jurisdictional 
appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2017-0141. State ex rel. Wegman v. Ohio Police & 
Fire Pension Fund.

Franklin App. No. 16AP-112, 2016-Ohio-8270.

2 02-23-17

2017-0160. State ex rel. Miller v. Kidron Volunteer 
Fire Dept., Inc.

In Mandamus.

2017-0161. Kohl’s Illinois, Inc. v. Marion Cty. Bd. 
of Revision.

Board of Tax Appeals, No. 2016-138.

2017-0185. State ex rel. Seibert v. Richard Cyr, 
Inc.

Franklin App. No. 15AP-402, 2016-Ohio-8335.

2017-0188. Georgetown/Chase Phase I, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1903 and 2015-
1904.

2017-0228. Scaglione v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, Nos. 2016-532, 2016-533, 
2016-536, 2016-1331, and 20161335.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days of the date of this entry, and the parties 
shall otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As provided in 
S.Ct.Prac.R. 16.07, the court may dismiss these 
cases or take other action if the parties fail to 
timely file merit briefs.

2016-0054. State ex rel. Noxious Vegetation 
Control, Inc. v. Ohio Bureau of Workers’ Comp.

Franklin App. No. 14AP-51, 2015-Ohio-5234.

2016-1713. Beavercreek Towne Station, L.L.C. v. 
Greene Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.

3 02-23-17





OHIO CASE ANNOUNCEMENTS
February 22, 2017
[Cite as 02/22/2017 Case Announcements, 2017-
Ohio-573.]

MERIT DECISIONS WITH OPINIONS
2015-1685. Dunkle v. Dept. of Rehab. & Corr., 
Slip Opinion No. 2017-Ohio

551.

Marion App. No. 9-15-28. Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2015-1847. State v. Orr, Slip Opinion No. 2017-
Ohio-552.

Cuyahoga App. No. 102460, 2015-Ohio-4081. 
Cause dismissed as having been improvidently 
accepted.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS
2016-1115. State ex rel. Cincinnati Enquirer v. 
Pike Cty. Coroner’s Office.

In Mandamus. Sua sponte, alternative writ 
granted and briefing schedule set for presentation 
of evidence and filing of briefs pursuant to 
S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

On respondent’s motion to dismiss. Motion 
denied.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
and Fischer, JJ., concur. French and DeWine, JJ., 
not participating.
2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus. Sua sponte, alternative writ 
granted and briefing schedule set for presentation 
of evidence and filing of briefs pursuant to 
S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

On respondents’ motion to dismiss. Motion 
denied. On relators’ motion for order lifting 
mediation stay. Motion denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
and Fischer, JJ., concur.

French and DeWine, JJ., not participating.
2016-1362. Sims v. Pinkney.

In Habeas Corpus. On petition for writ of habeas 
corpus of Antrown T. Sims. Sua sponte, cause 
dismissed without prejudice.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1414. Melhado v. Wainwright.

In Habeas Corpus. On petition for writ of habeas 
corpus of Clive Melhado. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1526. In re Boylen v. Marquis.

In Habeas Corpus. On petition for writ of habeas 
corpus of Adam Boylen. Sua sponte, cause 
dismissed.

On petitioner’s motion for peremptory writ 
ordering the immediate release and discharge of 
petitioner from confinement and imprisonment. 
Motion denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

2016-1661. State ex rel. Black v. Harsha.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1717. State ex rel. Griffin v. Myers.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1723. State ex rel. Russell v. Klatt.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, O’Neill, 
Fischer, and DeWine, JJ., concur.

French, J., not participating.
2016-1745. State ex rel. Haddix v. Forchione.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1767. State ex rel. Rink v. Duhart.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents and would grant an alternative 
writ.
2016-1849. Jones v. State.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS
1993-1667. State v. Bidinost.

Cuyahoga App. No. 62925. On appellee’s motion 
to redact the full names of minor victims. Motion 
granted. The Reporter of Decisions shall replace 
the victims’ full names with the victims’ initials in 
the opinion for this case that is available on the 
court’s website.
1994-2622. State v. Otte.

Cuyahoga App. No. 64617. On motion to vacate 
Gary Otte’s death sentences. Motion denied. On 
motion to stay execution date. Motion denied.

O’Neill, J., dissents and would grant both motions.
2015-0192. State v. D.B.

Montgomery App. No. 25859, 2014-Ohio-4858. 
On appellant’s motion for stay of execution of 
judgment. Motion granted.

O’Connor, C.J., and O’Neill, J., dissent.
2015-0677. State v. Aalim.

Montgomery App. No. 26249, 2015-Ohio-892. On 
appellee’s motion for stay of execution of 
judgment. Motion granted.

O’Connor, C.J., and O’Neill, J., dissent.
2015-1517. State ex rel. Singer v. Fairland Local 
School Dist. Bd. of Edn.

In Mandamus. On request for oral argument. 
Motion granted.

O’Donnell, J., dissents and would deny the 
request for oral argument and grant a writ of 
mandamus.
2016-1325. In re Application of Ohio Edison Co.

Public Utilities Commission, No. 14-1297-EL-
SSO. On motion to dismiss of Public Utilities 
Commission of Ohio. Motion granted. On motion 
to dismiss of Ohio Edison Company, The 
Cleveland Electric Illuminating Company, and The 
Toledo Edison Company. Motion granted. Cause 
dismissed.
2016-1798. State v. Pulvino.

Portage App. No. 2015-P-0056, 2016-Ohio-1589. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill and Fischer, JJ., dissent.
2016-1814. State v. Dominguez.

Cuyahoga App. No. 104796. On motion for leave 
to file delayed appeal. Motion denied.
2016-1831. State v. Smith.

Summit App. No. 27832, 2016-Ohio-7084. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2016-1835. Perry v. Allstate Indemn. Co.

Certified Question of State Law, United States 
District Court, Northern District of Ohio, Eastern 
Division, No. 1:16-cv-1522. On review of 
preliminary memoranda pursuant to S.Ct.Prac.R. 
9.05. The court determines that it will not answer 
the certified question. Cause dismissed. On 
request to consolidate 2016-1835 and 2016-1840. 
Request denied as moot.

French, Fischer, and DeWine, JJ., dissent.
2016-1837. State v. Daniels.

Franklin App. No. 14AP-326, 2015-Ohio-2649. On 
motion for leave to file delayed appeal. Motion 
denied.
2016-1840. Cranfield v. State Farm Fire & Cas. 
Co.

Certified Question of State Law, United States 
District Court, Northern District of Ohio, Eastern 
Division, No. 1:16-cv-1273. On review of 
preliminary memoranda pursuant to S.Ct.Prac.R. 
9.05. The court determines that it will not answer 
the certified question. Cause dismissed.

French, Fischer, and DeWine, JJ., dissent.
2016-1856. State v. Suber.

Licking App. No. 16 CA 14, 2016-Ohio-7497. On 
motion for leave to file delayed appeal. Motion 
granted. It is further ordered by the court that 
appellant shall file a memorandum in support of 
jurisdiction within 30 days from the date of this 
entry.

O’Connor, C.J., and O’Donnell and DeWine, JJ., 
dissent.
2016-1861. State v. Saracco-Rios.

Madison App. Nos. CA2016-02-011 and CA2016-
03-014, 2016-Ohio-7192. On motion for leave to 
file delayed appeal. Motion denied.
2016-1870. Cyran v. Cyran.

Montgomery App. No. 27009, 2016-Ohio-7323. 
On review of an order certifying a conflict. The 
court determines that a conflict exists. The parties 
are to brief the issue stated at page 2 of the court 
of appeals’ entry filed November 21, 2016:

“Does the collateral consequences exception to 
mootness apply to an appeal from an expired 
protective order when the appellant faces possible 
collateral consequences that may not be 
ascertainable at the time of the appeal?”

The conflict case is Wilder v. Perma, 174 Ohio 
App.3d 586, 2007-Ohio6635 (8th Dist.).

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
Court of Appeals for Montgomery County.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2016-1737, Cyran v. 
Cyran, and that briefing in 2016-1737 and 2016-
1870 shall be consolidated. The parties shall file 
two originals of each of the briefs under 
S.Ct.Prac.R. 16.02 through 16.04 and include 
both case numbers on the cover of the briefs. The 
parties shall otherwise comply with the 
requirements of S.Ct.Prac.R. 16.01 through 
16.04.

O’Connor, C.J., dissents.
2016-1872. State v. Hodges.

Medina App. No. 15CA0056-M, 2016-Ohio-5461. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Connor, C.J., and O’Neill, J., dissent.
2016-1887. State v. Geiger.

Franklin App. No. 15AP-1120, 2016-Ohio-7571. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2016-1890. State v. Williams.

Lorain App. No. 16CA010900, 2016-Ohio-7345. 
On motion for leave to file delayed appeal. Motion 
granted. It is further ordered by the court that 
appellant shall file a memorandum in support of 
jurisdiction within 30 days from the date of this 
entry.

O’Connor, C.J., and O’Donnell and French, JJ., 
dissent.
2016-1895. State v. Pleatman.

Hamilton App. No. C-160234, 2016-Ohio-7659. 
On motion to stay imposition of sentence. Motion 
denied. On motion to stay pending decision by 
court of appeals. Motion denied.

O’Donnell and O’Neill, JJ., dissent.

Fischer and DeWine, JJ., not participating.
2016-1910. State v. Miler.

Cuyahoga App. No. 100461, 2015-Ohio-1535. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-1912. State v. Woogerd.

Franklin App. No. 05AP-45, 2007-Ohio-1518. On 
motion for leave to file delayed appeal. Motion 
denied.

APPEALS ACCEPTED FOR REVIEW
2015-1736. State v. Mack.

Cuyahoga App. No. 10261, 2015-Ohio-2149.

Discretionary appeal accepted on proposition of 
law No. I only. Judgment vacated and cause 
remanded to the court of appeals to consider the 
merits of appellant’s appeal.
2016-1236. O’Hamill v. CareSource Mgt. Group.

Cuyahoga App. No. 104586. Discretionary appeal 
accepted and cause held for decision in 2015-
1975, Ferguson v. State, and briefing schedule 
stayed.

O’Neill, J., dissents.
2016-1252. Preterm-Cleveland, Inc. v. Kasich.

Cuyahoga App. No. 103103, 2016-Ohio-4859. 
O’Connor, C.J., dissents.
2016-1255. State v. Pountney.

Cuyahoga App. No. 103686, 2016-Ohio-4866. 
O’Donnell, O’Neill, and DeWine, JJ., dissent.
2016-1737. Cyran v. Cyran.

Montgomery App. No. 27009, 2016-Ohio-7323. 
Discretionary appeal accepted. Sua sponte, 
cause consolidated with 2016-1870, Cyran v. 
Cyran.

APPEALS NOT ACCEPTED FOR REVIEW
2015-0264. State v. Jackson.

Trumbull App. No. 2008-T-077. O’Neill, J., not 
participating.
2015-0265. State v. Jackson.

Trumbull App. No. 2013-T-0103, 2015-Ohio-7. 
O’Neill, J., not participating.
2016-0706. State v. Phillips.

Summit App. No. 27733, 2016-Ohio-1198. 
O’Connor, C.J., not participating.
2016-0949. State v. Sweeting.

Hamilton App. No. C-150436. Fischer, J., not 
participating.
2016-1184. Parrott v. State Med. Bd. of Ohio.

Franklin App. No. 15-AP-963, 2016-Ohio-4635.
2016-1186. Wright v. Harts Machine Servs., Inc.

Fulton App. No. F-15-004, 2016-Ohio-4758.

Kennedy, J., dissents.

French, J., dissents and would accept the appeal 
on proposition of law No. I.
2016-1190. Huntington Natl. Bank v. Cade.

Cuyahoga App. No. 103674, 2016-Ohio-4705.
2016-1193. State v. Kadunc.

Franklin App. No. 15AP-920, 2016-Ohio-4637.

O’Neill, J., dissents.

O’Donnell, J., not participating.
2016-1194. Beadle v. O’Konski-Lewis.

Lucas App. No. L-15-1216, 2016-Ohio-4749.
2016-1198. Beacon Place at Church Square 
Homeowner’s Assn., Inc. v. Smith.

Cuyahoga App. No. 103323, 2016-Ohio-4694. 
Motion to strike denied as moot.
2016-1203. State v. Phillips.

Hamilton App. No. C-150376, 2016-Ohio-4672. 
Fischer and DeWine, JJ., not participating.

2016-1206. Rickets v. Everflow E., Inc.

Mahoning App. No. 14 MA 0103, 2016-Ohio-4807.

2016-1207. Weber v. Ferrellgas, Inc.

Trumbull App. No. 2015-T-0071, 2016-Ohio-4738.
2016-1213. WCI, Inc. v. Ohio State Liquor Control 
Comm.

Franklin App. No. 16AP-72, 2016-Ohio-4778.
2016-1216. State v. Sherman.

Tuscarawas App. No. 2015 AP 12 0067, 2016-
Ohio-4967. O’Neill, J., dissents.
2016-1217. State v. Hedges.

Hocking App. No. 15CA21, 2016-Ohio-5038. 
O’Neill, J., dissents.
2016-1220. State ex rel. Macey v. Byrd.

Cuyahoga App. No. 103646, 2016-Ohio-4703. 
O’Donnell, J., dissents.
2016-1222. State v. Brantley.

Summit App. No. 27466, 2016-Ohio-4680. O’Neill, 
J., dissents.
2016-1223. State v. Thompson.

Wayne App. No. 15AP0016, 2016-Ohio-4689. 
DeWine, J., dissents and would accept the appeal 
on proposition of law No.

IV.
2016-1225. State v. Victor.

Geauga App. Nos. 2014-G-3220, 2014-G-3241, 
and 2015-G-0010, 2015-Ohio5520. Appeal and 
cross-appeal not accepted. Motion to strike 
denied as moot.
2016-1227. Dellecurti v. Walgreen Co.

Trumbull App. No. 2015-T-0097, 2016-Ohio-4741. 
O’Donnell, J., dissents.
2016-1246. Simmons v. Extendicare Health 
Servs., Inc.

Delaware App. No. 15 CAE 12 0095, 2016-Ohio-
4831. O’Donnell, J., dissents.
2016-1249. Automation Tool & Die, Inc. v. Ohio 
Bur. of Workers’ Comp.

Franklin App. No. 15AP-631, 2016-Ohio-4882. 
O’Donnell, J., dissents.
2016-1258. State v. Radney.

Cuyahoga App. No. 103869, 2016-Ohio-5328.

O’Neill, J., dissents and would accept the appeal 
and hold the cause for the decision in 2016-0672, 
State v. Mohamed.
2016-1262. U.S. Bank, N.A. v. Beach.

Summit App. No. 27928, 2016-Ohio-4938.
2016-1267. Whitmer v. Zochowski.

Franklin App. Nos. 15AP-52, 15AP-60, and 15AP-
65, 2016-Ohio-4764. O’Neill, J., dissents and 
would accept the appeal and second appeal.
2016-1268. Snowden v. Ekeh.

Montgomery App. No. 26688, 2016-Ohio-4976.
2016-1315. State v. Peirano.

Franklin App. No. 16AP-96, 2016-Ohio-5045.

French and Fischer, JJ., dissent and would accept 
the appeal on proposition of law No. I.
2016-1324. Miller v. Cloud.

Columbiana App. No. 2015 CO 0018, 2016-Ohio-
5063. Kennedy and O’Neill, JJ., dissent.
2016-1329. State v. Rucker.

Hamilton App. No. C-150434, 2016-Ohio-5111.

O’Donnell, J., dissents and would accept the 
appeal on proposition of law No. II.

O’Neill, J., dissents.

Fischer, J., not participating.

2016-1331. State v. Nian.

Delaware App. No. 15CAA070052, 2016-Ohio-
5146.

2016-1343. State v. Tracey.

Muskingum App. No. CT2015-0040, 2016-Ohio-
5255.

2016-1352. State v. Lee.

Richland App. No. 15 CA 52, 2016-Ohio-1045. 
Appellee’s motion to strike and dismiss appeal 
denied as moot.
2016-1365. Barton v. Barton.

Greene App. No. 2015-CA-53, 2016-Ohio-5264.
2016-1381. State v. Sinkovitz.

Hocking App. No. 13CA12.
2016-1382. State v. Malone.

Scioto App. No. 14CA3648, 2016-Ohio-3543.
2016-1383. State v. Armengau.

Franklin App. No. 16AP-418, 2016-Ohio-5534.
2016-1386. State v. Kudla.

Summit App. No. 27652, 2016-Ohio-5215.
2016-1388. Cunningham v. Protect Autoworks.

Portage App. No. 2015-P-0066, 2016-Ohio-4745. 
O’Donnell, J., dissents.
2016-1389. State v. Pertee.

Summit App. No. 27898. O’Donnell, French, and 
O’Neill, JJ., dissent.

2016-1390. In re Estate of Geneva.

Tuscarawas App. No. 2016 AP 02 0013, 2016-
Ohio-5382.

2016-1400. State v. Norris.

Licking App. No. 16 CA 7, 2016-Ohio-5381.

2016-1404. State v. Dixon.

Montgomery App. No. 26873, 2016-Ohio-5538.

2016-1409. State v. Moffett.

Summit App. No. 28001, 2016-Ohio-5314.

2016-1433. State v. Wilson.

Cuyahoga App. No. 102673.
2016-1457. State v. Payne.

Butler App. No. CA2015-12-219, 2016-Ohio-5470.
2016-1458. State v. Reed.

Franklin App. No. 15AP-952, 2016-Ohio-5494.
2016-1461. State v. Arega.

Franklin App. No. 12AP-263.
2016-1476. State v. Ramallo.

Lucas App. No. L-15-1236, 2016-Ohio-5544.
2016-1482. State v. Jenkins.

Franklin App. No. 16AP-105, 2016-Ohio-5533.
2016-1485. State v. Weckel.

Greene App. No. 2015-CA-64, 2016-Ohio-5654.
2016-1492. State v. Hewitt.

Stark App. No. 2016CA00067, 2016-Ohio-5762. 
French, J., dissents.
2016-1509. State v. Williams.

Montgomery App. No. 26635, 2016-Ohio-5655. 
Motion to vacate or set aside judgment denied as 
moot.
2016-1519. State v. Colvin.

Mahoning App. No. 15 MA 0162, 2016-Ohio-5644. 
O’Donnell, J., dissents.

2016-1522. State v. Smelko.

Summit App. No. 28320.

2016-1524. State v. Dukes.

Summit App. No. 27966, 2016-Ohio-5596.

2016-1541. State v. West.

Summit App. No. 28051, 2016-Ohio-5694.
2016-1542. State v. McMullen.

Clark App. No. 2014-CA-153, 2016-Ohio-5650.
2016-1552. State v. Gilmore.

Cuyahoga App. No. 104854.
2016-1554. State v. Norris.

Clark App. No. 2015-CA-22, 2016-Ohio-5729.
2016-1674. State v. Jackson.

Cuyahoga App. No. 100877, 2016-Ohio-7474.
2016-1771. State v. Payne.

Ashtabula App. No. 2015-A-0036.
2016-1808. State v. Smith.

Guernsey App. No. 15CA00020.
2016-1824. In re Z.F.

Summit App. Nos. 28246 and 28247, 2016-Ohio-
7463.
2016-1836. State v. Kalman.

Ashland App. No. 15 COA 041.
2016-1875. In re B.A.

Cuyahoga App. No. 104496, 2016-Ohio-7786.

RECONSIDERATION OF PRIOR DECISIONS
2014-1940. Linert v. Foutz.

Mahoning App. No. 11 MA 189, 2014-Ohio-4431. 
Reported at __ Ohio St.3d __, 2016-Ohio-8445, 
__ N.E.3d __. On motion for reconsideration. 
Motion denied. O’Neill, J., dissents.
2016-1073. Ellison v. Hillsboro.

Highland App. No. 15CA17, 2016-Ohio-1556. 
Reported at 147 Ohio St.3d 1474, 2016-Ohio-
8438, 65 N.E.3d 777. On motion for 
reconsideration. Motion denied. O’Donnell and 
Kennedy, JJ., dissent.
2016-1174. State v. Hackney.

Hamilton App. No. C-150375, 2016-Ohio-4609. 
Reported at 147 Ohio St.3d 1475,

2016-Ohio-8438, 65 N.E.3d 778. On motion for 
reconsideration. Motion denied. O’Neill, J., 
dissents. Fischer, J., not participating.





OHIO CASE ANNOUNCEMENTS
February 21, 2017
[Cite as 02/21/2017 Case Announcements #2, 
2017-Ohio-575.]

MOTION AND PROCEDURAL RULINGS

2017-0242. State ex rel. Curtis v. Vital Statistics 
Registrar, Brown Cty. Health Dept.

Brown App. No. CA2017-01-001. This cause is 
pending before the court as a jurisdictional 
appeal.

It is ordered by the court, sua sponte, that 
appellee shall file a response, if any, to appellant’s 
motion for stay of court of appeals’ judgment no 
later than

12:00 p.m. on Thursday, February 23, 2017.





OHIO CASE ANNOUNCEMENTS
February 21, 2017
[Cite as 02/21/2017 Case Announcements, 2017-
Ohio-566.]

MERIT DECISIONS WITH OPINIONS

2016-1149. Disciplinary Counsel v. Doumbas, Slip 
Opinion No. 2017-Ohio

550.

On Certified Report by the Board of Professional 
Conduct, No. 2014-018. Marc George Doumbas, 
Attorney Registration No. 0074028, is hereby 
indefinitely suspended from the practice of law.

French, O’Neill, Fischer, and DeWine, JJ., concur.

O’Connor, C.J., and O’Donnell and Kennedy, JJ, 
dissent and would not grant respondent credit for 
time served under interim felony suspension.

MOTION AND PROCEDURAL RULINGS

1989-2139. State v. Bonnell.

Cuyahoga App. No. 55927. This cause came on 
for further consideration upon the filing of 
appellant’s motion to withdraw his motion for stay 
of execution. It is ordered by the court that the 
motion is granted.

2015-1773. State ex rel. Sunesis Constr. Co. v. 
Indus. Comm.

Franklin App. No. 13AP-449, 2015-Ohio-3973. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County.

Upon consideration of the joint motion for 
extension of time to file merit briefs of appellees, it 
is ordered by the court that appellees’ merit briefs 
shall be filed no later than March 10, 2017.





OHIO CASE ANNOUNCEMENTS
February 16, 2017

[Cite as 02/16/2017 Case Announcements, 2017-
Ohio-528.]

MERIT DECISIONS WITH OPINIONS
2015-0243. Akron Bar Assn. v. Bednarski, Slip 
Opinion No. 2017-Ohio-522.

On Certified Report by the Board of Professional 
Conduct, No. 2014-094. Holly Lynn Bednarski, 
Attorney Registration No. 0077231, is hereby 
suspended from the practice of law for two years, 
with the final six months stayed on conditions.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
Fischer, and DeWine, JJ., concur.

O’Neill, J., dissents and would grant respondent 
credit for time served under interim default 
suspension.
AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinion, which was 
previously issued as an entry in response to an 
affidavit of disqualification filed pursuant to R.C. 
2701.03.

17-AP-002. In re Disqualification of Saffold, Slip 
Opinion No. 2017-Ohio-523 (decided Feb. 2, 
2017).

MOTION AND PROCEDURAL RULINGS
2016-0172. Cleveland v. Oles.

Cuyahoga App. No. 102835, 2016-Ohio-23. This 
cause is pending before the court on the 
certification of a conflict by the Court of Appeals 
for Cuyahoga County.

Upon consideration of the joint motion of appellant 
and amicus curiae Cuyahoga County Prosecuting 
Attorney for divided argument time on 
Wednesday, March 1, 2017, it is ordered by the 
court that the motion is granted. Amicus curiae 
shall share the time allotted to appellant.
2016-0238. State v. Bembry.

Mahoning App. Nos. 2014 MA 51 and 2014 MA 
52, 2015-Ohio-5598. This cause is pending before 
the court as an appeal from the Court of Appeals 
for Mahoning County.

Upon consideration of the joint motion of appellee 
and amicus curiae Ohio Attorney General Michael 
DeWine for divided argument time scheduled for 
March 1, 2017, it is ordered by the court that the 
motion is granted. Amicus curiae shall share the 
time allotted to appellee.
2016-0271. State v. Polk.

Franklin App. No. 14AP-787, 2016-Ohio-28. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Franklin County.

Upon consideration of the joint motion of appellant 
and amicus curiae Ohio Attorney General Michael 
DeWine for divided argument time scheduled for 
March 1, 2017, it is ordered by the court that the 
motion is granted. Amicus curiae shall share the 
time allotted to appellant.
2016-0282. Cleveland v. Oles.

Cuyahoga App. No. 102835, 2016-Ohio-23. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Cuyahoga County.

Upon consideration of the joint motion of appellant 
and amicus curiae Cuyahoga County Prosecuting 
Attorney for divided argument time scheduled for 
Wednesday, March 1, 2017, it is ordered by the 
court that the motion is granted. Amicus curiae 
shall share the time allotted to appellant.
2017-0220. State ex rel. Cowan v. Gallagher.

Cuyahoga App. No. 104666, 2017-Ohio-108. This 
cause was filed as a jurisdictional appeal. Upon 
consideration of appellant’s memorandum in 
support of jurisdiction, it is determined by the 
court that this cause originated in the court of 
appeals and, therefore, should proceed as an 
appeal of right pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Cuyahoga County and 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.

2 02-16-17

DISCIPLINARY CASES
2016-0538. Disciplinary Counsel v. Walton.

This matter came on for further consideration 
upon the filing by relator of a notice of violation 
and motion to lift stay.

Upon consideration thereof, it is ordered by the 
court that the motion is denied.

O’Connor, C.J., dissents.

Fischer, J., not participating.
2016-1148. Lorain Cty. Bar Assn. v. Mackin.

This cause is pending before the court upon the 
filing of a report by the Board of Professional 
Conduct.

On February 16, 2017, in 2017-0037, In re 
Resignation of Mackin, this court accepted 
respondent’s resignation from the practice of law 
with disciplinary action pending.

Therefore, it is ordered by the court that 2016-
1148 is dismissed.

It is further ordered that respondent be taxed the 
costs of these proceedings in the amount of 
$2,619.02, which costs shall be payable to this 
court by cashier’s check or money order on or 
before 90 days from the date of this order. It is 
further ordered that if these costs are not paid in 
full on or before 90 days from the date of this 
order, interest at the rate of 10 percent per annum 
shall accrue as of 90 days from the date of this 
order and the matter may be referred to the 
attorney general for collection. It is further ordered 
that respondent is liable for all collection costs 
pursuant to R.C. 131.02 if the debt is certified to 
the attorney general for collection.
2016-1844. Lorain Cty. Bar Assn. v. Jones.

On December 15, 2016, and pursuant to Gov.Bar 
R. V(14)(A), the Board of Professional Conduct 
filed with this court a certification of default, 
alleging that respondent, Ken Jones, failed to file 
an answer to a formal complaint pending before 
the board. Respondent did not file a response.

Upon consideration thereof and pursuant to 
Gov.Bar R. V(14)(B)(1), it is ordered that this 
matter is dismissed pursuant to Disciplinary 
Counsel v. Harris, 137 Ohio St.3d 1, 2013-Ohio-
4026, 996 N.E.2d 921. It is further ordered that 
this matter is referred to the Board on the 
Unauthorized Practice of Law for further 
proceedings.

Fischer, J., dissents.

3 02-16-17
2017-0037. In re Resignation of Mackin.

On application for resignation of Patrick Charles 
Mackin, Attorney Registration No. 0038677, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.
2017-0038. In re Resignation of Goldthorpe.

On application for resignation of Christopher J. 
Goldthorpe, Attorney Registration No. 0007787, 
and on report filed under seal by disciplinary 
counsel. Resignation accepted with disciplinary 
action pending.

O’Neill and Fischer, JJ., dissent.

4 02-16-17





Ohio Board of Professional Conduct

Board of Professional Conduct Files Disciplinary 
Case Reports and Recommendations
Staff Report | February 15, 2017

The Ohio Board of Professional Conduct today 
announced the filing of disciplinary case reports 
with the Ohio Supreme Court. Each report 
includes a recommendation of discipline for 
attorneys and judges charged with professional 
misconduct.

Except in consent-to-discipline cases, the parties 
will have an opportunity to file objections to the 
board’s report and recommendation with the 
Supreme Court. If objections are filed, the case 
will be scheduled for oral argument. Oral 
argument is not scheduled in reinstatement 
cases, except upon order of the Court. In cases in 
which the board recommends acceptance of a 
consent-to-discipline agreement, no objections 
are permitted, and the case is submitted to the 
Court for consideration.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Cases on Report of the Board

Hamilton County
Lorain County Bar Association v. Anisa Asha 
Williamson
Supreme Court Case No. 2017-0226
Recommended sanction: Public reprimand

Montgomery County
Disciplinary Counsel v. Patricia Ann Pickrel
Supreme Court Case No. 2017-0225
Recommended sanction: Two-year suspension, 
one year stayed

Stark County
Stark County Bar Association v. Glen F. 
Buttacavoli
Supreme Court Case No. 2017-0227
Recommended sanction: Two-year suspension, 
18 months stayed

Consent-to-Discipline Cases

Cuyahoga County
Cleveland Metropolitan Bar Association v. Michael 
William Callahan
Supreme Court Case No. 2017-0223
Recommended sanction: Public reprimand

Franklin County
Columbus Bar Association v. Jeffrey Thomas 
Kluesener
Supreme Court Case No. 2017-0221
Recommended sanction: Six-month suspension, 
stayed







CASE ANNOUNCEMENTS
February 13, 2017
[Cite as 02/13/2017 Case Announcements, 2017-
Ohio-490.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF FEBRUARY 13, 
2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the February 13, 2017 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2013-0521. In re Application of Columbus S. 
Power Co., 147 Ohio St.3d 439, 2016-Ohio-1608.

2014-0192. Cleveland Metro. Bar Assn. v. Bancsi, 
147 Ohio St.3d 1281, 2016Ohio-5917.

2015-0363. State ex rel. N.G. v. Cuyahoga Cty. 
Court of Common Pleas, Juvenile Div., 147 Ohio 
St.3d 432, 2016-Ohio-1519.

2015-0724. Ratonel v. Roetzel & Andress, L.P.A., 
147 Ohio St.3d 485, 2016Ohio-8013.

2015-1670. State ex rel. Bunting v. Styer, 147 
Ohio St.3d 462, 2016-Ohio-5781.

2015-1762. Robinson v. LaRose, 147 Ohio St.3d 
473, 2016-Ohio-7647.

2015-2080. State ex rel. Durrani v. Ruehlman, 147 
Ohio St.3d 478, 2016-Ohio7740.

2016-0261. Disciplinary Counsel v. Joltin, 147 
Ohio St.3d 490, 2016-Ohio8168.

2016-0285. State ex rel. Williams v. Sutula, 147 
Ohio St.3d 472, 2016-Ohio7453.

2016-0459. State ex rel. Cain v. Gee, 147 Ohio 
St.3d 477, 2016-Ohio-7653.

2016-0614. State ex rel. Jacquemin v. Union Cty. 
Bd. of Elections, 147 Ohio St.3d 467, 2016-Ohio-
5880.

2016-0855. Toledo Bar Assn. v. Crosser, 147 Ohio 
St.3d 499, 2016-Ohio-8257.

2016-1176. In re Resignation of Culbreath, 147 
Ohio St.3d 1279, 2016-Ohio5675.

2016-1261. In re Resignation of Gussler, 147 
Ohio St.3d 1283, 2016-Ohio6967.

2016-1448. Mahoning Cty. Bar Assn. v. Verkhlin, 
147 Ohio St.3d 1285, 2016Ohio-7370.

2016-1475. In re Resignation of Stacy, 147 Ohio 
St.3d 1288, 2016-Ohio-7533.

2016-1576. In re Resignation of Winters, 147 
Ohio St.3d 1291, 2016-Ohio7758.

2016-1690. In re Potts, 147 Ohio St.3d 1294, 
2016-Ohio-7812.

MOTION AND PROCEDURAL RULINGS

2016-0680. Hull Organization, L.L.C. v. Clermont 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-888. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals, it is 
ordered by the court that the cause is remanded 
to the Board of Tax Appeals to take further action 
as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2 02-13-17





CASE ANNOUNCEMENTS

February 14, 2017
[Cite as 02/14/2017 Case Announcements #3, 
2017-Ohio-510.]

MERIT DECISIONS WITH OPINIONS

2016-1701. State ex rel. Ebersole v. City Council 
of Powell, Slip Opinion No. 2017-Ohio-509.

In Mandamus. Writ denied.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., concurs separately, with an opinion.





CASE ANNOUNCEMENTS
February 14, 2017

[Cite as 02/14/2017 Case Announcements, 2017-
Ohio-507.]

DISCIPLINARY CASES

2015-2007. Cleveland Metro. Bar Assn. v. Azman.

On application for reinstatement. Brandon Louis 
Azman, Attorney Registration No. 0087246, is 
hereby reinstated to the practice of law.

MISCELLANEOUS DISMISSALS
2016-0302. State ex rel. Bennett v. Aldi, Inc.

Franklin App. No. 14AP-632, 2016-Ohio-83. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Franklin County.

Upon consideration of the application for 
dismissal of its appeal filed by the Industrial 
Commission of Ohio, it is ordered by the court that 
the application for dismissal is granted. 
Accordingly, this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.
2017-0140. Fed. Natl. Mtge. Assn. v. Jervis.

Licking App. No. 16-CA-73. This cause is pending 
before the court as a jurisdictional appeal. The 
records of this court indicate that appellant has 
not filed a memorandum in support of jurisdiction, 
due February 10, 2017, in compliance with the 
Rules of Practice of the Supreme Court of Ohio 
and therefore has failed to prosecute this cause 
with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.






CASE ANNOUNCEMENTS
February 14, 2017

[Cite as 02/14/2017 Case Announcements #2, 
2017-Ohio-508.]

MOTION AND PROCEDURAL RULINGS

2016-0317. State v. Anderson.

Montgomery App. No. 26525, 2016-Ohio-135. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Montgomery 
County.

Upon consideration of appellant’s motion to stay 
Supreme Court proceedings, cancel oral 
argument, and remand for application of State v. 
Aalim, and amicus curiae Franklin County 
Prosecutor Ron O’Brien’s motion for leave to file 
memorandum in support of the state of Ohio’s 
opposition to motion for stay, it is ordered by the 
court that the motions are denied.

O’Donnell, J., dissents and would cancel oral 
argument in the cause.

French, J., dissents and would grant appellant’s 
motion and amicus curiae’s motion.

O’Neill, J., dissents and would grant appellant’s 
motion.






CASE ANNOUNCEMENTS
February 10, 2017

[Cite as 02/10/2017 Case Announcements, 2017-
Ohio-473.]

MOTION AND PROCEDURAL RULINGS
2015-2111. Dulay v. Testa.

Board of Tax Appeals, No. 2014-2074. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant/cross-appellee’s 
motion to supplement the record, it is ordered by 
the court that the motion is granted. The Board of 
Tax Appeals shall supplement the record in this 
case, within 14 days of the date of this entry, with 
appellant’s witness and exhibit list docketed on 
December 8, 2014, the hearing subpoena issued 
to Judy Ransom, docketed on April 2, 2015, and 
the deposition subpoena issued to Judy Ransom, 
docketed December 19, 2014, as 
Subponea4.PDF.

DISCIPLINARY CASES
2016-0370. Disciplinary Counsel v. Leneghan.

It is ordered by this court, sua sponte, that Patrick 
Peter Leneghan, Attorney Registration No. 
0041931, last known business address in 
Brooklyn Heights, Ohio, is found in contempt for 
failure to comply with this court’s order of 
December 2, 2016, to wit, failure to surrender his 
attorney-registration card and failure to file an 
affidavit of compliance on or before January 3, 
2017.
2016-1569. Disciplinary Counsel v. Garber.

It is ordered by this court, sua sponte, that Ronald 
David Garber, Attorney Registration No. 0046371, 
last known business address in Toledo, Ohio, is 
found in contempt for failure to comply with this 
court’s order of December 1, 2016, to wit, failure 
to file an affidavit of compliance on or before 
January 3, 2017.
2016-1654. In re Resignation of Richman.

It is ordered by this court, sua sponte, that Brian 
H. Richman, Attorney Registration No. 0013467, 
last known business address in Cleveland, Ohio, 
is found in contempt for failure to comply with this 
court’s order of December 2, 2016, to wit, failure 
to surrender his attorney-registration card and 
failure to file an affidavit of compliance on or 
before January 3, 2017.
2016-1659. In re Resignation of Feighan.

It is ordered by this court, sua sponte, that Joseph 
English Feighan III, Attorney Registration No. 
0066256, last known business address in 
Lakewood, Ohio, is found in contempt for failure 
to comply with this court’s order of December 2, 
2016, to wit, failure to surrender his attorney-
registration card, failure to surrender his certificate 
of admission, and failure to file an affidavit of 
compliance on or before January 3, 2017.
2017-0052. Disciplinary Counsel v. Niehaus.

On certification of default. Daniel Allen Niehaus, 
Attorney Registration No. 0078682, is hereby 
suspended from the practice of law for an interim 
period.

MISCELLANEOUS DISMISSALS
2017-0122. State v. Lee.

Richland App. No. 16CA82. This cause is pending 
before the court as a jurisdictional appeal. The 
records of this court indicate that appellant has 
not filed a memorandum in support of jurisdiction, 
due January 30, 2017, in compliance with the 
Rules of Practice of the Supreme Court of Ohio 
and therefore has failed to prosecute this cause 
with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

2 02-10-17






CASE ANNOUNCEMENTS
February 8, 2017

[Cite as 02/08/2017 Case Announcements, 2017-
Ohio-452.]

MOTION AND PROCEDURAL RULINGS
2016-1530. Dublin City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920. This cause is pending before the court as 
an appeal from the Board of Tax Appeals.

Upon consideration of the joint motion to remand 
to the Franklin County Board of Revision to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Franklin County 
Board of Revision to take further action as 
appropriate.

It is further ordered that mandates be sent to and 
filed with the Board of Tax Appeals and the 
Franklin County Board of Revision.
2016-1907. In re Apparent Violation & Intent to 
Assess Forfeiture of Wylie.

Public Utilities Commission, No. 15-2029-TR-CVF. 
This cause is pending before the court as an 
appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of appellee’s motion to 
suspend briefing schedule, it is ordered by the 
court that the motion is granted and the briefing 
schedule is stayed pending the court’s resolution 
of appellee’s motion to dismiss and appellant’s 
motion to transfer appeal.

MISCELLANEOUS DISMISSALS
2016-1881. State ex rel. Moore v. Reinbold.

Cuyahoga App. No. 104903, 2016-Ohio-7787. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Cuyahoga 
County.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Cuyahoga County.
2016-1905. Moore v. Reinbold.

In Procedendo. This cause originated in this court 
on the filing of a complaint for a writ of 
procedendo.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 02-08-17






CASE ANNOUNCEMENTS
February 8, 2017

[Cite as 02/08/2017 Case Announcements, 2017-
Ohio-452.]

MOTION AND PROCEDURAL RULINGS
2016-1530. Dublin City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920. This cause is pending before the court as 
an appeal from the Board of Tax Appeals.

Upon consideration of the joint motion to remand 
to the Franklin County Board of Revision to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Franklin County 
Board of Revision to take further action as 
appropriate.

It is further ordered that mandates be sent to and 
filed with the Board of Tax Appeals and the 
Franklin County Board of Revision.
2016-1907. In re Apparent Violation & Intent to 
Assess Forfeiture of Wylie.

Public Utilities Commission, No. 15-2029-TR-CVF. 
This cause is pending before the court as an 
appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of appellee’s motion to 
suspend briefing schedule, it is ordered by the 
court that the motion is granted and the briefing 
schedule is stayed pending the court’s resolution 
of appellee’s motion to dismiss and appellant’s 
motion to transfer appeal.

MISCELLANEOUS DISMISSALS
2016-1881. State ex rel. Moore v. Reinbold.

Cuyahoga App. No. 104903, 2016-Ohio-7787. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Cuyahoga 
County.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Cuyahoga County.
2016-1905. Moore v. Reinbold.

In Procedendo. This cause originated in this court 
on the filing of a complaint for a writ of 
procedendo.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 02-08-17






CASE ANNOUNCEMENTS
February 3, 2017

[Cite as 02/03/2017 Case Announcements, 2017-
Ohio-393.]

DISCIPLINARY CASES

2011-1017. Disciplinary Counsel v. Hall.

On January 9, 2017, respondent, Eric Dorman 
Hall, filed an application to terminate probation. 
Upon consideration thereof, the court finds that 
respondent has substantially complied with 
Gov.Bar R. V(21)(D), and with its order, dated 
September 24, 2015, in which the court reinstated 
respondent to the practice of law and placed him 
on monitored probation for a period of one year.

On consideration thereof, it is ordered by this 
court that the probation of respondent, Eric 
Dorman Hall, Attorney Registration No. 0067566, 
last known business address in Medina, Ohio, is 
terminated.

It is further ordered that the clerk of this court 
issue certified copies of this order as provided for 
in Gov.Bar R. V(17)(D)(1) and that publication be 
made as provided for in Gov.Bar R. V(17)(D)(2).
2013-1252. Disciplinary Counsel v. Turner.

This cause came on for further consideration 
upon the filing of an application for reinstatement 
by respondent, Talbert Randall Turner, Attorney 
Registration No. 0016670, last known business 
address in Monroe, Ohio.

Upon consideration thereof, it is ordered by this 
court that the application is denied.





OHIO COURTS CASE ANNOUNCEMENTS
February 2, 2017
[Cite as 02/02/2017 Case Announcements, 2017-
Ohio-376.]

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

16-AP-065. In re Disqualification of Sutula, Slip 
Opinion No. 2016-Ohio-8599 (decided Aug. 25, 
2016).

16-AP-067. In re Disqualification of Fregiato, Slip 
Opinion No. 2016-Ohio8600 (decided Aug. 18, 
2016).

The chief justice has released the following 
judicial-disqualification opinion, which was 
previously issued as an entry in response to an 
affidavit of disqualification filed pursuant to R.C. 
2743.041.

16-AP-080. In re Disqualification of McGrath, Slip 
Opinion No. 2016-Ohio8601 (decided Sep. 22, 
2016).

MOTION AND PROCEDURAL RULINGS

2015-1892. State v. Rahab.

Hamilton App. No. C-150186. This cause is 
pending before the court as an appeal from the 
Court of Appeals for Hamilton County.

Upon consideration of the joint motion of appellee 
and amicus curiae Ohio Attorney General Michael 
DeWine for divided oral-argument time scheduled 
for February 9, 2017, it is ordered by the court 
that the motion is granted. Amicus curiae shall 
share the time allotted to appellee.

2016-0215. State v. Grimes.

Muskingum App. No. CT2015-0026, 2015-Ohio-
3497. This cause is pending before the court as 
an appeal from the Court of Appeals for 
Muskingum County.

Upon consideration of the joint motion of appellant 
and amicus curiae Ohio Attorney General Michael 
DeWine for divided oral-argument time scheduled 
for February 9, 2017, it is ordered by the court 
that the motion is granted. Amicus curiae shall 
share the time allotted to appellant.

2016-1717. State ex rel. Griffin v. Myers.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s motion for 
mediation, it is ordered by the court that the 
motion is denied.

2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C.

Summit App. No. 27759, 2016-Ohio-4828. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Summit County.

Upon consideration of the joint motion to remand 
the appeal of appellant 2007 Gaslight Ohio, 
L.L.C., to the Summit County Court of Appeals, it 
is ordered by the court that the appeal filed by 
2007 Gaslight Ohio, L.L.C., is remanded to 
Summit County Court of Appeals to take further 
action as appropriate.

The appeal of appellants George and Patricia 
Waliga remains pending.

2 02-02-17






Chief Justice O’Connor Announces Support for 
Prescription Database Access for Drug Courts
Staff Report | January 31, 2017

Ohio Supreme Court Chief Justice Maureen 
O’Connor today applauded Gov. John Kasich’s 
proposal to expand access to the state’s 
prescription drug monitoring program, known as 
the Ohio Automated Rx Reporting System 
(OARRS), to include the state’s drug courts. She 
urged the General Assembly to move legislation 
as quickly as possible.

“At a time when Ohio faces the most significant 
drug abuse problem in its history with the opioid 
epidemic crippling individuals, families and our 
state, it is important that our courts have access 
to every tool available to combat this scourge,” 
Chief Justice O’Connor said. “I applaud Gov. 
Kasich’s initiative and, as I have in the past, 
support expanding access to this critical tool.”

Nineteen states allow access to their prescription 
drug monitoring programs by judges and 
prosecutorial officials.

Chief Justice O’Connor noted that “courts and key 
justice partners must be able to understand the 
prescription history of individuals under court 
supervision so that we can identify, treat, and hold 
them accountable to the law based on a fuller 
understanding of their drug use.”

Ohio’s drug court judges have access to OARRS 
but only through their probation offices. “It is 
important that drug court judges have direct 
access to the system in order to speed up 
response times and enable judges to make direct, 
real-time queries of the system,” the Chief Justice 
said.

Established in 2006, OARRS collects information 
on all outpatient prescriptions for controlled 
substances dispensed by Ohio-licensed 
pharmacies and those personally furnished by 
Ohio prescribers. Addressing possible privacy 
concerns about granting drug courts access to 
OARRS, the Chief Justice observed: “Judges use 
sensitive information to make life-altering 
decisions every day in every courtroom across 
this state. Drug abuse is often the foundation for a 
host of other social and criminal justice problems. 
It is not unreasonable that we provide judges with 
the tools needed to make better decisions.”

Ninety-six certified drug courts operate throughout 
the state. Drug courts connect high-need, high-
risk defendants with the treatment they need.

“Unfortunately, but not surprisingly, drug courts 
across Ohio report ever-increasing numbers of 
opioid-addicted offenders,” the Chief Justice said. 
“But as we confront this problem we should be 
clear on one point: what we are seeing across 
Ohio, in and out of our courts, is not a problem of 
overdose deaths but a problem of self-
administered poisonings.”

“The term ‘overdose’ suggests there are 
appropriate doses of heroine, or fentanyl-laced 
opioids, or carfentanil. The reality is that the 
appropriate dose of any of these substances is 
zero,” she said. “Anything over zero is just self-
poisoning with death often being the result. While 
we provide courts with new tools we also need to 
change our language. Poisoning is the only 
appropriate term when it comes to this problem.”






Supreme Court Guide Leads Courts Through 
Language Access Issues
By Bret Crow | January 31, 2017

The Ohio Supreme Court today announced the 
availability of a model language access plan. The 
model plan assists local courts in meeting their 
obligations under federal law to ensure access to 
justice for litigants with limited English proficiency 
and those who are deaf or hard of hearing.

It also encourages local courts to appoint a 
language access coordinator to ensure 
compliance with foreign language and sign 
language interpreter statewide rules as well as 
additional federal mandates including Title VI of 
the Civil Rights Act and Title II of the Americans 
with Disabilities Act.

Other elements of the plan inform courts on when 
to provide a court interpreter, the qualifications an 
interpreter must meet, the language services that 
must be provided outside the courtroom in 
ancillary matters, and the complaint process for 
individuals who did not receive language 
assistance.

The text of statewide rules, including those 
governing when interpreting by telephone is 
appropriate, are embedded in the back of the plan 
as well as several model forms and resources for 
further information.

The Supreme Court will update the plan annually.







CASE ANNOUNCEMENTS
January 30, 2017
[Cite as 01/30/2017 Case Announcements, 2017-
Ohio-325.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JANUARY 30, 
2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the January 30, 2017 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2014-1582. Olentangy Local Schools Bd. of Edn. 
v. Delaware Cty. Bd. of Revision, 147 Ohio St.3d 
409, 2016-Ohio-7381.

2015-0532. State ex rel. Perez v. Indus. Comm., 
147 Ohio St.3d 383, 2016Ohio-5084.

2015-0604. State ex rel. Chester Twp. v. Grendell, 
147 Ohio St.3d 366, 2016Ohio-1520.

2015-1278. State ex rel. Marmaduke v. Ohio 
Police & Fire Pension Fund, 147 Ohio St.3d 390, 
2016-Ohio-5550.

2015-1525. State ex rel. Winfree v. McDonald, 
147 Ohio St.3d 428, 2016Ohio-8098.

2015-1641. Disciplinary Counsel v. Mahin, 147 
Ohio St.3d 1266, 2016-Ohio7717.

2015-1755. State ex rel. Poulton v. Cottrill, 147 
Ohio St.3d 402, 2016-Ohio5789.

2015-1974. State ex rel. Steele v. Eppinger, 147 
Ohio St.3d 404, 2016-Ohio5790.

2015-2007. Cleveland Metro. Bar Assn. v. Azman, 
147 Ohio St.3d 379, 2016Ohio-3393.

2015-2088. State ex rel. Cowan v. Gallagher, 147 
Ohio St.3d 416, 2016-Ohio7430.

2016-0032. Trumbull Cty. Bar Assn. v. Bellew, 147 
Ohio St.3d 1258, 2016Ohio-6966.

2016-0089. State ex rel. Tucker v. Matia, 147 
Ohio St.3d 418, 2016-Ohio-7450.

2016-0214. Disciplinary Counsel v. Whitt, 147 
Ohio St.3d 1263, 2016-Ohio7530.

2016-0231. State ex rel. Dynamic Industries, Inc. 
v. Cincinnati, 147 Ohio St.3d 422, 2016-Ohio-
7663.

2016-0250. Disciplinary Counsel v. Kendrick, 147 
Ohio St.3d 395, 2016-Ohio5600.

2016-0251. Disciplinary Counsel v. Warren, 147 
Ohio St.3d 406, 2016-Ohio7333.

2016-0258. Warren Cty. Bar Assn. v. Clifton, 147 
Ohio St.3d 399, 2016-Ohio5587.

2016-0370. Disciplinary Counsel v. Leneghan, 
147 Ohio St.3d 1270, 2016Ohio-7976.

2016-0464. State ex rel. Ethics First—You Decide 
Ohio Political Action Commt. v. DeWine, 147 Ohio 
St.3d 373, 2016-Ohio-3144.

2016-0539. Lorain Cty. Bar Assn. v. Smith, 147 
Ohio St.3d 419, 2016-Ohio7469.

2 01-30-17

2016-0851. Disciplinary Counsel v. Champion, 
147 Ohio St.3d 425, 2016

Ohio-8023.
2016-1082. Disciplinary Counsel v. Bellew, 147 
Ohio St.3d 1255, 2016-Ohio5724.

2016-1204. In re Resignation of Wallace, 147 
Ohio St.3d 1253, 2016-Ohio

5677.
2016-1333. Disciplinary Counsel v. Brumbaugh, 
147 Ohio St.3d 1261, 2016
Ohio-7272.

2016-1500. Columbus Bar Assn. v. Reed, 147 
Ohio St.3d 1267, 2016-Ohio7719.
2016-1762. In re Resignation of Coriell, 147 Ohio 
St.3d 1272, 2016-Ohio-8160.

2016-1768. In re Resignation of Porter, 147 Ohio 
St.3d 1275, 2016-Ohio-8161.
16-AP-022. In re Disqualification of Giulitto, 147 
Ohio St.3d 1248, 2016-Ohio7075.

16-AP-027. In re Disqualification of Tyack, 147 
Ohio St.3d 1249, 2016-Ohio

7087.
16-AP-032. In re Disqualification of Gaul, 147 
Ohio St.3d 1251, 2016-Ohio7033.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinions, which were 
previously issued as entries in response to 
affidavits of disqualification filed pursuant to R.C. 
2701.03.

16-AP-099. In re Disqualification of Swenski, Slip 
Opinion No. 2016-Ohio8593 (decided Dec. 22, 
2016).

16-AP-105. In re Disqualification of Zmuda, Slip 
Opinion No. 2017-Ohio-317 (decided Jan. 9, 
2017).

3 01-30-17

16-AP-106. In re Disqualification of Franks, Slip 
Opinion No. 2017-Ohio-321 (decided Jan. 3, 
2017).

MOTION AND PROCEDURAL RULINGS

2016-1344. Payne v. State.

In Habeas Corpus. This cause came on for further 
consideration upon the filing of petitioner’s motion 
for leave to enter failure to give notice of 
appearance pursuant to S.Ct.Prac.R. 2.01(B). It is 
ordered by the court that the motion is denied as 
moot.

O’Connor, C.J., not participating.

MISCELLANEOUS DISMISSALS

2016-1054. Laguna Property Assocs., Ltd. v. Ross 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1555. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

4 01-30-17





February Disciplinary Hearings Announced
Staff Report | January 27, 2017
The Ohio Board of Professional Conduct today 
announced February disciplinary hearings 
involving attorneys and judges charged with 
professional misconduct. All hearings take place 
before a three-member panel of the board and are 
open to the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

Feb. 3
Columbus Bar Association v. Kinsley Frampton 
Nyce
Case No. 2016-007
Respondent’s address: 1601 W. Fifth Ave., Suite 
112, Columbus
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., Room 106, 
Columbus

Feb. 6
Disciplinary Counsel v. Christopher Ramon Bucio
Case No. 2015-053
Respondent’s address: 10 N. Market St., Troy
Respondent’s counsel: David C. Greer, Dayton 
and Charles J. Kettlewell, Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 21 & 22
Disciplinary Counsel v. Brian Allan Maciak
Case No. 2016-035
Respondent’s address: 4300 TBC Way, Palm 
Beach Gardens, Florida
Respondent’s counsel: Jonathan E. Coughlan, 
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 24
Columbus Bar Association v. Eric Lee LaFayette
Case No. 2015-052
Respondent’s address: 415 E. Broad St., Suite 
113, Columbus
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 27
Trumbull County Bar Association v. Joseph 
Terrence Dull
Case No. 2016-027
Respondent’s address: 724 Youngstown Warren 
Road, Suite 11, Niles
Respondent’s counsel: Thomas J. Wilson, 
Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Cincinnati Bar Association v. Ernest Alfred Eynon 
II
Case No. 2016-055
Respondent’s address: 1 W. Fourth St., Suite 
2100, Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, West Hearing Room 104






February Disciplinary Hearings Announced
Staff Report | January 27, 2017

The Ohio Board of Professional Conduct today 
announced February disciplinary hearings 
involving attorneys and judges charged with 
professional misconduct. All hearings take place 
before a three-member panel of the board and are 
open to the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

Feb. 3
Columbus Bar Association v. Kinsley Frampton 
Nyce
Case No. 2016-007
Respondent’s address: 1601 W. Fifth Ave., Suite 
112, Columbus
Respondent’s counsel: None
Hearing Time/Location: 9 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., Room 106, 
Columbus

Feb. 6
Disciplinary Counsel v. Christopher Ramon Bucio
Case No. 2015-053
Respondent’s address: 10 N. Market St., Troy
Respondent’s counsels: David C. Greer, Dayton 
and Charles J. Kettlewell, Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 21 & 22
Disciplinary Counsel v. Brian Allan Maciak
Case No. 2016-035
Respondent’s address: 4300 TBC Way, Palm 
Beach Gardens, Florida
Respondent’s counsel: Jonathan E. Coughlan, 
Columbus
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 24
Columbus Bar Association v. Eric Lee LaFayette
Case No. 2015-052
Respondent’s address: 415 E. Broad St., Suite 
113, Columbus
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Feb. 27
Trumbull County Bar Association v. Joseph 
Terrence Dull
Case No. 2016-027
Respondent’s address: 724 Youngstown Warren 
Road, Suite 11, Niles
Respondent’s counsel: Thomas J. Wilson, 
Youngstown
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Cincinnati Bar Association v. Ernest Alfred Eynon 
II
Case No. 2016-055
Respondent’s address: 1 W. Fourth St., Suite 
2100, Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, West Hearing Room 104








CASE ANNOUNCEMENTS
January 25, 2017

[Cite as 01/25/2017 Case Announcements, 2017-
Ohio-261.]

MERIT DECISIONS WITH OPINIONS
2015-1608. Zillow v. Bosel, Slip Opinion No. 2017-
Ohio-260.

In Mandamus. Cause dismissed as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS
2015-1904. Lorring v. Cleveland.

In Mandamus. On answer of respondent. Sua 
sponte, an alternative writ is granted and the 
following briefing schedule is set for presentation 
of evidence and filing of briefs pursuant to 
S.Ct.Prac.R. 12.05:

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relators shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relators’ brief; and 
relators may file a reply brief within 7 days after 
the filing of respondent’s brief.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-0936. Field v. Mohr.

In Habeas Corpus. On amended petition for writ 
of habeas corpus of Dale P. Field Jr. Sua sponte, 
cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1110. Goldshtein v. Mohr.

In Habeas Corpus. On amended petition for writ 
of habeas corpus of Feliks Goldshtein. Sua 
sponte, cause dismissed. On motion for bail and 
motion to expedite. Motions denied as moot.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1344. Payne v. State.

In Habeas Corpus. On amended petition for writ 
of habeas corpus of Michael A. Payne. Sua 
sponte, cause dismissed. On motion for leave to 
amend complaint, motions for leave to file, and 
motion for leave to give clerk address and name 
of respondent. Motions denied as moot.

O’Donnell, Kennedy, French, O’Neill, Fischer, and 
DeWine, JJ., concur.

O’Connor, C.J., not participating.
2016-1378. Schlosser v. Tibbels.

In Habeas Corpus. On petition for writ of habeas 
corpus of Matthew Todd Schlosser. Sua sponte, 
cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1403. Snowden v. Bracy.

In Habeas Corpus. On petition for writ of habeas 
corpus of William Snowden, Jr. Sua sponte, cause 
dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1563. State ex rel. West v. Greven.

In Mandamus. On complaint in mandamus of 
Jason West. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1566. State ex rel. Barron v. Hamilton Cty. 
Clerk of Courts.

In Mandamus. On complaint in mandamus of 
Cameron Barron. On response to petition for writ 
of mandamus. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill and DeWine, JJ., concur.

Fischer, J., not participating.
2016-1580. State ex rel. Garner v. Eleventh Dist. 
Court of Appeals Judges.

In Mandamus and Prohibition. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.
2016-1609. McCarthy v. State.

In Mandamus and Prohibition. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and Kennedy, French, O’Neill, 
Fischer, and DeWine, JJ., concur.

O’Donnell, J., dissents and would grant an 
alternative writ.
2016-1682. Green v. State.

In Mandamus and Prohibition. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Kennedy, French, 
O’Neill, Fischer, and DeWine, JJ., concur.

MOTION AND PROCEDURAL RULINGS
2015-1480. State v. Bailey.

Hamilton App. No. C-140129, 2015-Ohio-2997. 
On motion to rule in favor of the plaintiff. Motion 
denied.

DeWine, J., not participating.
2016-1184. Parrott v. Ohio State Med. Bd.

Franklin App. No. 15-AP-963, 2016-Ohio-4635. 
On motion to stay adjudication order. Motion 
granted.
2016-1702. State v. Warren.

Cuyahoga App. No. 104018, 2016-Ohio-5933. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Donnell, Kennedy, and O’Neill, JJ., dissent.
2016-1720. State v. Broderson.

Cuyahoga App. No. 103724, 2016-Ohio-5839. On 
motion for leave to file delayed appeal. Motion 
denied.
2016-1729. State v. Taylor.

Lucas App. No. L-15-1151, 2016-Ohio-5862. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.
2016-1741. State v. Hardman.

Hamilton App. No. C-150549. On motion for leave 
to file delayed appeal. Motion

granted.

O’Donnell, J., dissents.

Fischer and DeWine, JJ., not participating.
2016-1859. Bank of New York Mellon v. Broyles.

Mahoning App. No. 16 MA 0093. On motion for 
stay of execution. Motion denied.
2016-1876. Premier Therapy, L.L.C. v. Childs.

Columbiana App. Nos. 2014 CO 0048 and 2015 
CO 0028, 2016-Ohio-7934. On motion for stay of 
execution. Motion granted and bond posted with 
Columbiana County Clerk of Courts continued.

O’Connor, C.J., and Fischer, J., dissent.

APPEALS ACCEPTED FOR REVIEW
2016-1116. Lightning Rod Mut. Ins. Co. v. 
Southworth.

Scioto App. No. 15CA3704, 2016-Ohio-3473. 
O’Connor, C.J., and Kennedy and DeWine, JJ., 
dissent.
2016-1122. Reid v. Cleveland Police Dept.

Cuyahoga App. No. 103781, 2016-Ohio-3466. 
French, O’Neill, and DeWine, JJ., dissent.
2016-1195. In re D.H.

Montgomery App. No. 27074, 2016-Ohio-5265.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2016-1197, In re: D.H., 
and that the briefing in 2016-1195 and 2016-1197 
shall be consolidated.

O’Donnell, Kennedy, and DeWine, JJ., dissent.
2016-1197. In re D.H.

Montgomery App. No. 27075.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2016-1195, In re: D.H., 
and that the briefing in 2016-1195 and 2016-1197 
shall be consolidated.

O’Donnell, Kennedy, and DeWine, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW
2015-1917. State v. McKelton.

Butler App. No. CA2015-02-028, 2015-Ohio-4228. 
French, J., dissents and would accept the cause 
on Proposition of Law No.

III. O’Neill, J., dissents.
2016-0781. State v. Hamlin.

Summit App. No. 27650, 2016-Ohio-1196.
2016-0946. State v. McKelton.

Butler App. No. CA2015-10-183, 2016-Ohio-3216.
2016-0978. State v. Beckwith.

Cuyahoga App. No. 102544, 2016-Ohio-3267.
2016-1101. State v. Costell.

Union App. No. 14-15-11, 2016-Ohio-3386.

2016-1108. State v. Harris.

Franklin App. No. 15AP-683, 2016-Ohio-3424.

2016-1117. Prime Equip. Group, Inc. v. Schmidt.

Franklin App. No. 15AP-584, 2016-Ohio-3472.
2016-1124. State v. Pompey.

Hamilton App. No. C-150479, 2016-Ohio-4610. 
Fischer and DeWine, JJ., not participating.

2016-1128. Canton v. Burns.

Stark App. Nos. 2015CA00163 and 
2015CA00164, 2016-Ohio-4885.
2016-1129. Shuster v. Jenkins.

Ross App. No. 15CA3516, 2016-Ohio-4676.
2016-1130. Hixon v. Gipson.

Hamilton App. No. C-150767 and C-150768. 
Fischer and DeWine, JJ., not participating.
2016-1139. State v. Neal.

Franklin App. No. 15AP-771, 2016-Ohio-1406. 
French and O’Neill, JJ., dissent.
2016-1140. State v. L.B.S.

Franklin App. No. 14AP-994, 2016-Ohio-3527.
2016-1142. RHDK Oil & Gas, L.L.C. v. Dye.

Harrison App. No. 14 HA 0019, 2016-Ohio-4654.
2016-1146. State v. Perry.

Montgomery App. No. 26874, 2016-Ohio-4582.
2016-1152. Carter v. Gerbec.

Summit App. No. 27712, 2016-Ohio-4666. O’Neill, 
J., dissents.
2016-1154. State v. Neil.

Franklin App. Nos. 14AP-981 and 15AP-594, 
2016-Ohio-4762.

2016-1155. State v. Johnston.

Franklin App. No. 15AP-512, 2016-Ohio-4553.

2016-1163. State v. Kaiser.

Greene App. No. 2015-CA-47, 2016-Ohio-4890.
2016-1166. Kinder Morgan Cochin, L.L.C. v. 
Simonson.

Ashland App. No. 15 COA 044, 2016-Ohio-4647.

O’Connor, C.J., dissents and would accept the 
cause on Proposition of Law No. I.

Kennedy, J., dissents.
2016-1167. Lehigh Gas-Ohio, L.L.C. v. Cincy Oil 
Queen City, L.L.C.

Hamilton App. No. C-150572, 2016-Ohio-4611. 
Fischer and DeWine, JJ., not participating.
2016-1169. State v. Burns.

Licking App. No. 15-CA-98, 2016-Ohio-4833.
2016-1175. Cleveland v. Merritt.

Cuyahoga App. No. 103275, 2016-Ohio-4693. 
O’Donnell and French, JJ., dissent.

2016-1179. State v. Kotomski.
Ashtabula App. No. 2015-A-0047, 2016-Ohio-
4731.
2016-1200. Holland v. Gas Ents., Co.

Washington App. No. 15CA42, 2016-Ohio-4792.

O’Connor, C.J., dissents and would accept the 
appeal on Proposition of Law Nos. II and IV and 
hold the cause for the decision in 2016-0623, 
Schultheiss v. Heinrich Ents., Inc.

Kennedy, J., dissents.
2016-1211. Grenga v. Vantell.

Mahoning App. No. 14 MA 0011, 2016-Ohio-4804.
2016-1218. In re M.B.

Ashland App. No. 15-COA-028, 2016-Ohio-4780. 
O’Connor, C.J., and O’Neill, J., dissent.
2016-1219. In re C.B.

Ashland App. No. 15-COA-027, 2016-Ohio-4779.

O’Connor, C.J., and O’Neill, J., dissent and would 
accept the appeal and hold the cause for decision 
in 2016-1218, In re M.B.

2016-1234. Williams v. Matthews.

Cuyahoga App. No. 103501, 2016-Ohio-3461.

2016-1238. State v. Kalman.

Ashland App. No. 15 COA 041, 2016-Ohio-5013.

2016-1244. State v. Williams.

Summit App. No. 27963, 2016-Ohio-4943. 
O’Connor, C.J., not participating.
2016-1251. State v. Webb.

Montgomery App. No. 26847, 2016-Ohio-4896.
2016-1259. State v. Tayse.

Summit App. No. 23978. Fischer, J., dissents.
2016-1260. State v. Keith.

Cuyahoga App. Nos. 102981, 103006, and 
103009, 2016-Ohio-3056.
2016-1271. State v. Stephens.

Summit App. No. 27957, 2016-Ohio-4942.
2016-1274. State v. Coley-Carr.

Cuyahoga App. No. 104643.
2016-1275. State v. McDougald.

Scioto App. No. 16CA3736, 2016-Ohio-5080.
2016-1280. State v. Reaves.

Stark App. No. 2016CA00126.
2016-1283. State v. Ouyang.

Athens App. No. 15CA35, 2016-Ohio-5103.

2016-1286. Karnofel v. Nye.

Trumbull App. No. 2015-T-0126, 2016-Ohio-3406.

2016-1289. State v. Biggs.

Stark App. Nos. 2016CA00024 and 
2016CA00025, 2016-Ohio-5305.

2016-1298. State v. Mitchell.

Muskingum App. No. CT2015-0055, 2016-Ohio-
5149.
2016-1301. Calo v. Eppinger.

Lorain App. No. 15CA010854, 2016-Ohio-4681. 
Motion to dismiss denied as moot.

French, J., dissents, and would accept the cause 
and grant the motion to dismiss.
2016-1313. State v. Washington.

Cuyahoga App. No. 103875, 2016-Ohio-5329.
2016-1314. State v. Hilliard.

Cuyahoga App. No. 102214, 2016-Ohio-2828.
2016-1321. State v. Siddle.

Muskingum App. No. CT 2016-0029.
2016-1323. State v. Smith.

Gallia App. No. 15CA2, 2016-Ohio-5374.
2016-1327. State v. Davic.

Franklin App. No. 15AP-1000, 2016-Ohio-4883.
2016-1346. State v. Gopp.

Wayne App. No. 15AP0046, 2016-Ohio-5088.
2016-1355. State v. Swogger.

Stark App. No. 2016CA00145.
2016-1367. State v. Black.

Richland App. No. 16 CA 4, 2016-Ohio-5612.
2016-1371. State v. Ridder.

Hamilton App. No. C-150460, 2016-Ohio-5195. 
Fischer and DeWine, JJ., not participating.

2016-1424. State v. Rock.

Lake App. No. 2015-L-047, 2015-Ohio-4639.

2016-1431. State v. Fields.

Muskingum App. No. CT2015-0031, 2016-Ohio-
1217.

2016-1432. State v. Gibson.

Stark App. No. 2016CA00070, 2016-Ohio-6983.
2016-1456. State v. Morris.

Hamilton App. No. C-150421, 2016-Ohio-5490. 
Fischer and DeWine, JJ., not participating.
2016-1628. State v. Davis.

Lucas App. No. L-14-1274, 2015-Ohio-5159.
2016-1678. State v. Clark.

Hamilton App. No. C-150318, 2016-Ohio-948. 
DeWine, J., not participating.
2016-1688. State v. Perry.

Richland App. Nos. 13CA56, 14CA27, and 
14CA28, 2015-Ohio-779.
2016-1700. State v. Wilson.

Holmes App. No. 15CA15, 2015-Ohio-5588.
2016-1747. In re K.T.

Lorain App. No. 16CA010956, 2016-Ohio-7366.

2016-1828. In re Adoption of K.N.S. Medina App. 
No. 16CA0035-M, 2016-Ohio-7427. Kennedy, 
O’Neill, and DeWine, JJ., dissent.

RECONSIDERATION OF PRIOR DECISIONS
2016-1359. State ex rel. Thomas v. Kelly.

In Mandamus. Reported at 147 Ohio St.3d 1444, 
2016-Ohio-7854, 63 N.E.3d 1213. On motion for 
reconsideration. Motion denied. On motion for 
objection/complaint. Motion denied as moot.
2016-1412. State ex rel. Davie v. Calabrese.

Cuyahoga App. No. 104205, 2016-Ohio-5420. 
Reported at 147 Ohio St.3d 1452, 2016-Ohio-
8021, 64 N.E.3d 997. On motion for 
reconsideration. Motion denied. French and 
O’Neill, JJ., dissent.






CASE ANNOUNCEMENTS
January 24, 2017
[Cite as 01/24/2017 Case Announcements, 2017-
Ohio-257.]

DISCIPLINARY CASES

2014-0136. Lorain Cty. Bar Assn. v. Johnson.

This cause is pending before the court upon the 
filing of a report and recommendation by the 
Board of Professional Conduct.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2014-1403, Trumbull 
Cty. Bar Assn. v. Johnson.

2014-1403. Trumbull Cty. Bar Assn. v. Johnson.

This cause is pending before the court upon the 
filing of a report and recommendation by the 
Board of Professional Conduct.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2014-0136, Lorain Cty. 
Bar Assn. v. Johnson.

2016-1868. Trumbull Cty. Bar Assn. v. Bellew.

On certification of default. Timothy Eric Bellew, 
Attorney Registration No. 0067573, is hereby 
suspended from the practice of law for an interim 
period.







CASE ANNOUNCEMENTS
January 23, 2017
[Cite as 01/23/2017 Case Announcements, 2017-
Ohio-228.]

MOTION AND PROCEDURAL RULINGS

2016-1760. Fazio v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2016-678. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

DISCIPLINARY CASES

2017-0092. In re Pioch.
On certified entry of felony conviction. Susan 
Marie Pioch, Attorney Registration
No. 0012533, is hereby suspended from the 
practice of law for an interim period.

MISCELLANEOUS DISMISSALS

2015-2021. Columbus City School Dist. Bd. of 
Edn. v. Testa.

Board of Tax Appeals, No. 2014-4914. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2016-1368. State v. Haddox.

Erie App. No. E-15-017, 2016-Ohio-3368. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 01-23-17






NEWS RELEASE

From the Office of:
JOHN D. FERRERO

Prosecuting Attorney, Stark County, Ohio

January 19, 2017
John D. Ferrero, Stark County Prosecuting 
Attorney, announced the Grand Jury reported an 
Indictment against the following individual(s):

CATHY WRAE SPENCER, 49, 1417 Arnold 
Avenue NW, Canton – Assault

MELISSA FOX, 37, 189 W. Cambridge Street, 
Alliance – Receiving Stolen Property; Theft 3 Cts.

CLIFTON JOHN SMITH, 20, 3403 30th Street NE, 
Canton – Participating in a Criminal Gang; Having 
Weapons While Under Disability; Carrying 
Concealed Weapons; Possession of Cocaine

WILLIAM E. JENKINS, 49, 823 W. Maple Street, 
North Canton – Breaking and Entering

ANTHONY MONTRAIL BOOKER, 36, 3711 4th 
Street NW, Canton – Possession of Drugs; 
Operating a Motor Vehicle Under the Influence of 
Alcohol, a Drug of Abuse, or a Combination of 
Them

WILBERT RAY GREATHOUSE, 27, 1815 
Sandwith Avenue SW, Canton – Burglary

JULIE ANN WITHROW, 31, 1040 Nantucket 
Circle, Apt. B, Alliance – Trafficking in Drugs

DEJOUR LEJON KELLY, 24, 2218 24th Street 
NE, Canton – Participating in a Criminal Gang; 
Possession of Cocaine

RANDY RASHAUD POLITE, 29, 926 Tuscarawas 
Street West, Canton – Trafficking in Cocaine; 
Possession of Cocaine; Trafficking in Heroin; 
Possession of Heroin

KEVIN T. DOHERTY, 25, 10168 Hunting Hills 
Avenue, Hartville – Carrying Concealed Weapons; 
Using Weapons While Intoxicated; Operating a 
Vehicle Under the Influence of Alcohol, a Drug of 
Abuse, or a Combination of Them

JESSICA RYAN DUNSMORE, 34, 284 W. Market 
Street, Alliance – Theft from an Elderly Person or 
Disabled Adult

KENNETH KNITTLE, 30, 2219 Penn Place NE, 
Canton – Domestic Violence

JOSHUA ALLEN WILLIAMS, 26, 1311 3rd Street 
NE, Canton – Assault

RAYNALDO RAMON MORALES-BAILEY, 27, 
1226 Shriver Avenue NE, Canton – Domestic 
Violence; Intimidation of an Attorney, Victim, or 
Witness in a Criminal Case

JEANNE DENICE DIGIULIO, 41, 120 Wildon 
Avenue, Rear, Steubenville – Notice of

Change of Address; Registration of New Address
In its report, the Grand Jury reported that they had 
voted No-Bill on the following individual(s):

TYVION DASHAWN HALL, 18, No Permanent 
Address – Having Weapons While Under 
Disability; Trafficking in Controlled Substance; 
Possession of Cocaine

CLIFTON JOHN SMITH, 21, 3403 30th Street NE, 
Canton – Having Weapons While Under Disability; 
Trafficking in Controlled Substance; Possession of 
Cocaine

JAMAL PARKER, 30, 1624 Henry Avenue SW, 
Canton -Rape







CASE ANNOUNCEMENTS
January 20, 2017
[Cite as 01/20/2017 Case Announcements, 2017-
Ohio-207.]

DISCIPLINARY CASES

2016-0259. Disciplinary Counsel v. Simmonds.

This cause is pending before the court upon the 
filing of a notice of violation and motion to lift stay 
by relator, disciplinary counsel.

Upon consideration thereof, it is ordered by this 
court that respondent, Rasheed Asani Simmonds, 
show cause by filing a written response with the 
clerk of this court on or before ten days from the 
date of this order why respondent should not be 
held in contempt, the stay of his suspension 
should not be revoked, and he should not be 
suspended for failure to comply with this court’s 
order of September 1, 2016.






CASE ANNOUNCEMENTS
January 19, 2017

[Cite as 01/19/2017 Case Announcements
#2, 2017-Ohio-208.]

MOTION AND PROCEDURAL RULINGS

2017-0079. State ex rel. Delaware Joint
Vocational School Dist. Bd. of Edn. v.
Testa.

In Mandamus. This cause originated in
this court on the filing of a complaint
for a writ of mandamus.

Upon consideration of relator’s
unopposed motion for expedited
consideration, it is ordered by the
court that the motion is granted.

It is further ordered by the court that
an alternative writ is granted and the
following briefing schedule is set for
presentation of evidence and filing of 

briefs pursuant to S.Ct.Prac.R. 12.05.

Relator shall file its merit brief and
evidence within seven days of the date
of this entry; respondent shall file his
merit brief and evidence within 

seven days after the filing of relator’s
brief; and relator may file a reply
brief within five days after the filing
of respondent’s brief.

It is further ordered that the
requirement for respondent to file a
response to the complaint pursuant to
S.Ct.Prac.R. 12.04(A) is waived.






Students Head to Court, Tackle Timely
Issue in Mock Trial Competition
Staff Report | January 19, 2017

More than 3,000 high school students
will enter courtrooms across the state
on Friday to take part in the Ohio
Center for 

Law-Related Education’s (OCLRE) 34th
Annual Ohio Mock Trial Competition.

In this year’s fictitious case, Pat
Justice v. CAT News et al., students
will consider the defamation of a public
official by a news 

station. Gov. Pat Justice speaks at a
school assembly. Afterward, he meets
with the school principal and an
argument ensues. Gov. 

Justice leaves abruptly, and the
principal is found dead from a brain
aneurysm. A student who overheard the
argument reports to a 

local news outlet that Gov. Justice
killed the principal. While the
student’s account is quickly disproven,
the story goes viral. The 

governor loses a bid for re-election and
files civil suit against the news
station, alleging defamation.

Each Ohio Mock Trial team consists of
five to 11 students who assume the roles
of witnesses and attorneys to present
both sides 

of an original case based on a
constitutional issue. Each team will
compete in two trials against opposing
teams.

Twenty-seven counties will host district
competitions. More than 1,000 legal
professionals will serve as volunteer
judges, 

competition coordinators, and team
advisors. Mock Trial is Ohio’s largest
high school academic competition and
among the 

largest mock trial programs in the nation.

Teams that advance from the districts
will compete in the regionals on Feb.
10. Regional winners will compete in the
state 

competition on March 9-11 in Columbus.
The 2017 State Champion will represent
Ohio at the National High School Mock Trial 

Championship in Hartford, Connecticut,
on May 11-13.







CASE ANNOUNCEMENTS
January 19, 2017
[Cite as 01/19/2017 Case Announcements,
2017-Ohio-175.]

MOTION AND PROCEDURAL RULINGS

2017-0021. State v. Goff.

Clinton App. No. CA2015-08-017,
2016-Ohio-7834. This cause is pending
before the court as a death-penalty
appeal from the Court of Appeals for
Clinton County.

Upon consideration of appellant’s motion
for stay of execution, it is ordered by
the court that the motion is denied
because no execution date is currently
set for appellant. No execution date
shall be set while this appeal remains
pending.

DISCIPLINARY CASES

2014-0200. Mahoning Cty. Bar Assn. v.
Helbley.

On petition for reinstatement. Charles
Helbley Jr., Attorney Registration No.
0041660, is hereby reinstated to the
practice of law.

O’Donnell, J., dissents.

2016-1789. In re Resignation of Simonette.

On application for resignation of David
Gregory Simonette, Attorney Registration
No. 0079707, and on report filed under
seal by disciplinary counsel.
Resignation accepted with disciplinary
action pending.

Fischer, J., dissents.

2016-1871. In re Resignation of Boston.

On application for resignation of
Shannon C. Boston, Attorney Registration
No. 0068515, and on report filed under
seal by disciplinary counsel.
Resignation accepted with disciplinary
action pending.

2017-0020. Lorain Cty. Bar Assn. v. Wilsey.

On motion for immediate interim remedial
suspension. Heather B. Wilsey, Attorney
Registration No. 0092809, is suspended
from the practice of law for an interim
period.

MISCELLANEOUS DISMISSALS

2015-1933. State ex rel. Black v. CVS
Pharmacy, Inc.

Franklin App. No. 15AP-120,
2015-Ohio-4868. This cause is pending
before the court as an appeal from the
Court of Appeals for Franklin County.

Upon consideration of appellant’s
application for dismissal, it is ordered
by the court that the application for
dismissal is granted. Accordingly, this
cause is dismissed.

It is further ordered that a mandate be
sent to and filed with the clerk of the
Court of Appeals for Franklin County.

MEDIATION MATTERS

The following cases have been referred
to mediation pursuant to S.Ct.Prac.R.
19.01(A).

2016-1649. State ex rel. Kindred
Healthcare Operating, Inc. v. Indus. Comm.

Franklin App. No. 15AP-1106, 2016-Ohio-7128.

2016-1818. Rothstein v. Cuyahoga Cty.
Bd. of Revision.

Board of Tax Appeals, No. 2015-2253.

2016-1874. State ex rel. Bergen v.
Northgate Masonry, Inc.

Franklin App. No. 15AP-923, 2016-Ohio-7705.

2016-1906. State ex rel. Sanders v.
Indus. Comm.

Franklin App. No. 15AP-496, 2016-Ohio-7704.

2017-0003. Worthington City Schools Bd.
of Edn. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-414.

2 01-19-17

2017-0007. Columbus City Schools Bd. of
Edn. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-164 and
2016-175.

2017-0009. South-Western City Schools
Bd. of Edn. v. Franklin Cty. Bd. of
Revision.

Board of Tax Appeals, Nos. 2016-163 and
2016-176.

The following case has been returned to
the regular docket under S.Ct.Prac.R.
19.01. Respondent shall file a response
to the complaint within 21 days of the
date of this entry.

2016-1776. State ex rel. Hogan Lovells
U.S., L.L.P. v. Ohio Dept. of Rehab. & Corr.

In Mandamus.

The following case has been returned to
the regular docket pursuant to
S.Ct.Prac.R. 19.01(E). The appellant
shall file a brief within 40 days of the
date of this entry, and the parties
shall otherwise proceed in accordance
with S.Ct.Prac.R.

16.02 through 16.07. As provided in
S.Ct.Prac.R. 16.07, the court may
dismiss this case or take other action
if the parties fail to timely file merit
briefs.

2016-1839. State ex rel. Belle Tire
Distribs. v. Indus. Comm.

Franklin App. No. 16AP-92, 2016-Ohio-7869.

3 01-19-17






CASE ANNOUNCEMENTS
January 18, 2017

[Cite as 01/18/2017 Case Announcements,
2017-Ohio-143.]

MOTION AND PROCEDURAL RULINGS
2016-1701. State ex rel. Ebersole v.
Powell City Council.

In Mandamus. This cause originated in
this court on the filing of 

a complaint for a writ of mandamus.

Upon consideration of respondent’s
motion to dismiss, it is 

ordered by the court that the motion to
dismiss is denied.

It is further ordered that the motion to
intervene as party 

respondents of LS Powell 2470, L.L.C.,
and Len Pivar Builder, 

Inc., d.b.a. Arlington Homes, is granted.

It is further ordered by the court, sua
sponte, that an alternative 

writ is granted and the following
briefing schedule is set for 

presentation of evidence and filing of
briefs pursuant to 

S.Ct.Prac.R. 12.05.

Relator shall file his merit brief and
evidence within seven days 

of the date of this entry; respondent
and intervening 

respondents shall file their merit
briefs and evidence within 

seven days after the filing of relator’s
brief; and relator may file a 

reply brief within five days after the
filing of respondent’s or 

intervening respondents’ merit brief,
whichever is later.

It is further ordered that no
stipulations or requests for 

extension of time shall be permitted in
this case and the clerk of 

court shall refuse to file any
stipulations or requests for 

extension of time.

O’Connor, C.J., and O’Donnell, Kennedy,
French, O’Neill, 

Fischer, and DeWine, JJ., concur.
2016-1835. Perry v. Allstate Indemnity Co.

Certified Question of State Law, United
States District Court, 

Northern District of Ohio, Eastern
Division, No. 

1:16-cv-01522-CAB. This cause is here on
the certification of a 

state-law question from the United
States District Court for the 

Northern District of Ohio, Eastern Division.

Upon consideration of the motions for
admission pro hac vice of 

Leah R. Bruno, Mark L. Hanover, and
Kristine M. Schanbacher, 

it is ordered by the court that the
motions are granted. Pursuant 

to Gov.Bar R. XII(4), counsel shall file
a notice of permission to 

appear pro hac vice with the Supreme
Court’s Office of Attorney 

Services within 30 days of the date of
this entry.
2016-1842. In re S.J.

Shelby App. Nos. 17-16-16 and 17-16-17,
2016-Ohio-7540. This 

cause is pending before the court as a
jurisdictional appeal.

Upon consideration of appellee’s motion
to strike notice of 

appeal, notice of entry of appointment
of counsel, and 

memorandum in support of jurisdiction,
it is ordered by the court 

that the motion is denied.

2 01-18-17







CASE ANNOUNCEMENTS 
January 13, 2017 

[Cite as 01/13/2017 Case Announcements, 2017-
Ohio-115.]

MOTION AND PROCEDURAL RULINGS

2016-1713. Beavercreek Towne Station, L.L.C. v. 
Greene Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544. This cause is pending 
before the court as an appeal from the Board of 
Tax Appeals.

It is ordered by the court, sua sponte, that the 
memo opposing the motion to dismiss filed by the 
Board of Education of the Beavercreek City 
School District is stricken as prohibited for filing 
while the case is in mediation under S.Ct.Prac.R. 
19.01(A).

2016-1755. State ex rel. Evans v. McGrath.

Franklin App. No. 16AP-458, 2016-Ohio-8348. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County.

Upon consideration of appellant’s motion to 
supplement the record, it is ordered by the court 
that the motion is denied.

2016-1783. State v. Bates.

Hamilton C.P. No. B1501811. This cause is 
pending before the court as a death-penalty 
appeal from the Court of Common Pleas of 
Hamilton County.

Upon consideration of appellant’s motion for stay 
of execution set for April 17, 2017, it is ordered by 
the court that the motion is granted and no 
execution date shall be set while this appeal 
remains pending.

DISCIPLINARY CASES

2015-2008. Cincinnati Bar Assn. v. Glaser.

This matter came on for further consideration 
upon the filing by respondent of a “motion to 
terminate stayed suspension.”

Upon consideration thereof, it is ordered by the 
court that the motion is denied as moot. The court 
did not place respondent on a monitored 
probationary period pursuant to Gov.Bar R. V(21).

MISCELLANEOUS DISMISSALS

2016-1787. State ex rel. Curtis v. Zuk.

In Procedendo. This cause originated in this court 
on the filing of a complaint for a writ of 
procedendo.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 01-13-17






CASE ANNOUNCEMENTS 
January 12, 2017 

[Cite as 01/12/2017 Case Announcements, 2017-
Ohio-82.]

DISCIPLINARY CASES

2016-0206. Disciplinary Counsel v. Rutherford.

It is ordered by this court, sua sponte, that Guy 
Darius Rutherford, Attorney Registration No. 
0066032, last known business address in 
Cleveland, Ohio, is found in contempt for failure to 
comply with this court’s order of October 31, 2016, 
to wit: failure to file an affidavit of compliance on 
or before November 30, 2016.

2016-0214. Disciplinary Counsel v. Whitt.

It is ordered by this court, sua sponte, that Angela 
Marie Whitt, Attorney Registration No. 0081658, 
last known business address in Grove City, Ohio, 
is found in contempt for failure to comply with this 
court’s order of October 31, 2016, to wit: failure to 
file an affidavit of compliance on or before 
November 30, 2016.

MISCELLANEOUS DISMISSALS

2016-1449. State ex rel. Jochum v. Lake Cty. 
Court of Common Pleas.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





OHIO COURTS RELEASE
CASE ANNOUNCEMENTS
January 11, 2017
[Cite as 01/11/2017 Case Announcements, 2017-
Ohio-68.]

MOTION AND PROCEDURAL RULINGS

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. This cause 
is pending before the court as an appeal from the 
Court of Common Pleas of Cuyahoga County.

Upon consideration of appellant’s motion for 
extension of time to transmit the record, it is 
ordered by the court that the motion is denied as 
moot.

DISCIPLINARY CASES

2016-1361. In re Resignation of Hanni.

It is ordered by this court, sua sponte, that Heidi 
A. Hanni, Attorney Registration No. 0074801, last 
known business address in Poland, Ohio, is found 
in contempt for failure to comply with this court’s 
order of October 20, 2016, to wit: failure to 
surrender her attorney-registration card, failure to 
surrender her certificate of admission, and failure 
to file an affidavit of compliance on or before 
November 21, 2016.

2016-1397. In re Resignation of Summers.

It is ordered by this court, sua sponte, that William 
Lawrence Summers, Attorney Registration No. 
0013007, last known business address in 
Cleveland, Ohio, is found in contempt for failure to 
comply with this court’s order of October 20, 2016, 
to wit: failure to surrender his certificate of 
admission and failure to file an affidavit of 
compliance on or before November 21, 2016.

2016-1846. Disciplinary Counsel v. Edmondson.

On certified order of the Supreme Court of 
Kentucky, No. 2016-SC-000216-KB. Christina 
Rose Edmondson, Attorney Registration No. 
0080214, is hereby suspended from the practice 
of law in Ohio for a period of 180 days.

MISCELLANEOUS DISMISSALS

2016-1636. Fannie Mae v. Hicks.

Cuyahoga App. No. 103804, 2016-Ohio-7483. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 01-11-17






CASE ANNOUNCEMENTS
January 10, 2017

[Cite as 01/10/2017 Case Announcements, 2017-
Ohio-58.]

MOTION AND PROCEDURAL RULINGS

2016-0907. In re D.S.

Franklin App. No. 15AP-487, 2016-Ohio-2810. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Riya S. Shah, it is ordered by the 
court that the motion is granted. Pursuant to 
Gov.Bar R. XII(4), counsel shall file a notice of 
permission to appear pro hac vice with the 
Supreme Court’s Office of Attorney Services 
within 30 days of the date of this entry.
2016-1011. Kerns v. Simmers.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of the motion for admission 
pro hac vice of Bruce M. Kramer, it is ordered by 
the court that the motion is granted. Pursuant to 
Gov.Bar

R. XII(4), counsel shall file a notice of permission 
to appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days of the 
date of this entry.





Western Reserve Lady Devils traveled to 
McDonald to play the other lady blue devils.  The 
score was 53 - 33 .  Western Reserve's next 
game will be @ Lowellville.  

WR - 9 20 28 33
McD - 12 27 44 53

WR Leading Scorers:
Alexis Hughes 11

McDonald Leading Scorers:
Perry 17

WR Leading Rebounder:
Erica Dezee 6

WR Leading Steals:
Alexia Hughes 2

WR Leading Assists:
Erica Dezee 2


Western Reserve Junior Varsity also played the 
McDonald girls basketball team.  The score was 
38 - 18. 

WR JV - 8 18 26 38
McD JV - 1 3 9 18

WR JV leading scorers:
Morgan Donithan 9
Emma Heater 8

McDonald JV Leading Scorers:
Worford 8
Katie Donkers 6






CASE ANNOUNCEMENTS
January 9, 2017
[Cite as 01/09/2017 Case Announcements #2, 
2017-Ohio-32.]

DISCIPLINARY CASES

2017-0020. Lorain Cty. Bar Assn. v. Wilsey.

On January 5, 2017, relator filed a motion for 
immediate interim remedial suspension pursuant 
to Gov.Bar R. V(19).

Upon consideration thereof, it is ordered by the 
court that respondent shall file a response, if any, 
to relator’s motion by 12:00 p.m. on January 10, 
2017.






CASE ANNOUNCEMENTS
January 5, 2017

[Cite as 01/05/2017 Case Announcements, 2017-
Ohio-10.]

MOTION AND PROCEDURAL RULINGS
2011-1921. State v. Sowell.

Cuyahoga C.P. No. CR-09-530885. This cause 
came on for further consideration upon appellant’s 
filing of a motion for stay of execution of death 
sentence pending disposition of available state 
remedies.

Upon consideration of appellant’s motion for stay 
of execution of death sentence pending 
disposition of available state remedies, it is 
ordered by the court that the motion is granted. It 
is further ordered that this stay shall remain in 
effect until exhaustion of all state postconviction 
proceedings, including any appeals.
2016-1590. State v. Speed.

Cuyahoga App. No. 103953. This cause is 
pending before the court as a jurisdictional 
appeal.

Upon consideration of appellee’s motion to strike 
notice of appeal and memorandum in support of 
jurisdiction, it is ordered by the court that the 
motion is denied.

It is further ordered that appellee may file a 
memorandum in response within 30 days from the 
date of this entry.
2016-1652. State v. Brown.

Richland App. No. 16CA15, 2016-Ohio-5893. This 
cause is pending before the court on the 
certification of a conflict by the Court of Appeals 
for Richland County.

Upon consideration of appellant’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and the Ohio Public 
Defender’s Office is appointed to represent 
appellant.
2016-1881. State ex rel. Moore v. Reinbold.

Cuyahoga App. No. 104903, 2016-Ohio-7787. 
This cause was filed as a jurisdictional appeal. 
Upon consideration of appellant’s memorandum 
in support of jurisdiction, it is determined by the 
court that this cause originated in the court of 
appeals and, therefore, should proceed as an 
appeal of right pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Cuyahoga County and 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.
2016-1894. McCain v. Huffman.

Montgomery App. No. CA-27142. This cause was 
filed as a jurisdictional appeal. Upon consideration 
of appellant’s memorandum in support of 
jurisdiction, it is determined by the court that this 
cause originated in the court of appeals and, 
therefore, should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Montgomery County and 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.
2016-1909. State v. New.

Lorain App. No. 15CA010754, 2016-Ohio-7730. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon review of the notice of appeal and 
memorandum in support of jurisdiction filed 
through the E-Filing portal in this case, it is 
evident that the margins of the documents have 
caused the document to be incomplete. 
Therefore, it is ordered by the court that appellant 
shall file an amended notice of appeal and 
memorandum in support of jurisdiction that is 
complete and fully complies with the mechanical 
requirements of S.Ct.Prac.R. 3.08, within five 
days of the date of this entry.

It is further ordered that the time for appellee to 
file a memorandum in response shall begin to run 
upon the filing of appellant’s amended 
memorandum in support of jurisdiction.

2 01-05-17

DISCIPLINARY CASES
2013-0924. Disciplinary Counsel v. Marshall.

This cause came on for further consideration 
upon the filing of an application for reinstatement 
by respondent, Joy Lenore Marshall, Attorney 
Registration No. 0073585, last known business 
address in Columbus, Ohio.

Upon consideration thereof, it is ordered by this 
court that the application is denied.

3 01-05-17







CASE ANNOUNCEMENTS
January 4, 2017
[Cite as 01/04/2017 Case Announcements, 2017-
Ohio-6.]

MOTION AND PROCEDURAL RULINGS

2016-1809. Fish v. Seventh Dist. Court of 
Appeals.

Miscellaneous case. This cause originated in this 
court on the filing of a petition to set aside 
judgment.

It is ordered by the court, sua sponte, that 
attorney James P. Ginzkey shall file a motion for 
admission pro hac vice within 14 days of the date 
of this entry. Failure to file a motion for pro hac 
vice admission shall result in all documents filed 
by James P. Ginzkey being stricken.







CASE ANNOUNCEMENTS
January 3, 2017
[Cite as 1/03/2017 Case Announcements, 2017-
Ohio-3.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JANUARY 2, 2017

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the January 2, 2017 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2012-2070. Disciplinary Counsel v. O’Malley, 147 
Ohio St.3d 1228, 2016Ohio-7387.

2015-0132. Link v. FirstEnergy Corp., 147 Ohio 
St.3d 285, 2016-Ohio-5083.

2015-0494. Cox v. Dayton Pub. Schools Bd. of 
Edn., 147 Ohio St.3d 298, 2016Ohio-5505.

2015-1640. Disciplinary Counsel v. Lawrence, 147 
Ohio St.3d 1227, 2016Ohio-7238.

2016-1098. Disciplinary Counsel v. Chuparkoff, 
147 Ohio St.3d 1222, 2016Ohio-5428.

2016-1177. In re Resignation of Johnson, 147 
Ohio St.3d 1224, 2016-Ohio5676.

2016-1361. In re Resignation of Hanni, 147 Ohio 
St.3d 1229, 2016-Ohio-7385.

2016-1397. In re Resignation of Summers, 147 
Ohio St.3d 1232, 2016-Ohio7386.

2 01-03-17








CASE ANNOUNCEMENTS
December 30, 2016
[Cite as 12/30/2016 Case Announcements, 2016-
Ohio-8492.]

MERIT DECISIONS WITH OPINIONS

2014-0454. State v. Watkins, Slip Opinion No. 
2016-Ohio-8464.

Franklin App. Nos. 13AP-133 and 13AP-134, 
2013-Ohio-5544. Judgment

reversed and cause remanded. O’Connor, C.J., 
and Pfeifer, Lanzinger, French, and O’Neill, JJ., 
concur. O’Donnell and Kennedy, JJ., dissent.

2014-0940. State v. Woods, Slip Opinion No. 
2016-Ohio-8465.

Cuyahoga App. No. 99630, 2014-Ohio-1722. 
Cause dismissed. O’Connor, C.J., and Pfeifer, 
Lanzinger, French, and O’Neill, JJ., concur. 
O’Donnell, J., dissents for the reasons stated in 
his dissent in State v.

Walker, ___ Ohio St.3d ___, 2016-Ohio-8295, ___ 
N.E.3d ___. Kennedy, J., dissents.

2015-2019. State v. Baird, Slip Opinion No. 2016-
Ohio-8466.

Lake App. No. 2014-L-098, 2015-Ohio-4539. 
Cause dismissed. O’Connor, C.J., and Pfeifer, 
O’Donnell, Lanzinger, Kennedy, French, and 
O’Neill, JJ., concur.

2015-2038. Hardesty v. Alcantara, Slip Opinion 
No. 2016-Ohio-8468.

Cuyahoga App. No. 102684, 2015-Ohio-4591. 
Cause dismissed. O’Connor, C.J., and Pfeifer, 
O’Donnell, French, and O’Neill, JJ., concur. 
Lanzinger, J., dissents and would order the cause 
to be briefed and argued

for the decision. Kennedy, J., dissents.

2016-0315. State v. Lee, Slip Opinion No. 2016-
Ohio-8469.

Franklin App. No. 14AP-1009, 2016-Ohio-122. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell and Kennedy, JJ., dissent.

2016-0428. State v. Sanchez, Slip Opinion No. 
2016-Ohio-8470.

Sandusky App. No. S-14-030, 2016-Ohio-542. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
and O’Neill, JJ., concur.

French, J., concurs in judgment only.

O’Donnell, J., dissents.

2016-0656. State v. Reese, Slip Opinion No. 
2016-Ohio-8471.

Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents.

2016-1033. State v. Bettis, Slip Opinion No. 2016-
Ohio-8472.

Delaware App. No. 15-CAA-10-0088, 2016-Ohio-
4615. Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS

2011-1921. State v. Sowell.

Cuyahoga C.P. No. CR-09-530885. On motion for 
reconsideration. Motion denied.

O’Connor, C.J., and O’Neill, J., dissent.

2013-0536. State v. Spaulding.

Summit C.P. No. CR2012-05-1508. On motion for 
reconsideration. Motion denied.

O’Neill, J., dissents.

2 12-30-16

2013-0915. State v. Cepec.

Medina C.P. No. 10-CR-0588. On motion for 
reconsideration. Motion denied. O’Neill, J., 
dissents.

2015-1074. State ex rel. Ohio Presbyterian 
Retirement Servs., Inc. v. Indus. Comm.

Franklin App. No. 14AP-624, 2015-Ohio-2122. On 
motion for reconsideration of Sherry L. Redwine. 
Motion granted. Case reopened for further 
consideration.

It is further ordered by the court, sua sponte, that 
oral argument will be scheduled for this cause on 
a later date. No additional briefing will be 
permitted.

Kennedy, J., concurs in part and dissents in part, 
and would grant additional briefing.

O’Donnell., J., dissents and would grant the 
motion in part and only to delete the second 
sentence of paragraph twenty-five of the 
previously released opinion.

2015-1230. James v. State.

Clark App. No. 2013-CA-28, 2015-Ohio-623. On 
motion for reconsideration. Motion denied.

O’Neill, J., dissents.

2015-1831. State ex rel. Schroeder v. Cleveland.

In Mandamus. On motion for reconsideration. 
Motion denied. O’Donnell, Kennedy, and French, 
JJ., dissent.

2016-0858. Disciplinary Counsel v. Tamburrino.

On Certified Report by the Board of Professional 
Conduct, No. 2015-078. On motion for 
reconsideration. Motion denied.

Kennedy and French, JJ., dissent.

2016-1413. State ex rel. Thomas v. Basinski.

In Prohibition. On motion for reconsideration. 
Motion denied.

O’Donnell, J., dissents in accordance with Civ.R. 
41(B)(1).

O’Neill, J., dissents.

2016-1544. State v. Johnson.

Richland App. No. 15-CA-114, 2016-Ohio-5611. 
On motion for reconsideration. Motion denied.

Kennedy and O’Neill, JJ., dissent.

3 12-30-16






Amended Statewide Rules on Court-Appointed 
Lawyers Take Effect Jan. 1
Staff Report | December 29, 2016

The Supreme Court of Ohio has amended 
statewide rules governing court-appointed lawyers 
and others representing or acting on behalf of 
people in court and in legal proceedings. The 
rules take effect on Jan. 1, 2017.

Rule 8 of the Rules of Superintendence for the 
Courts of Ohio currently requires courts to make 
sure there’s an “equitable distribution” when it 
comes to these appointments. The amendment 
defines equitable as “a system through which 
appointments are made in an objectively rational, 
fair, neutral, and nondiscriminatory manner” from 
a list of pre-qualified persons.

Also included in the rule changes are a set of five 
factors a court must take into account when 
making appointments:

    The complexity of the case.
    Any language, educational, or other challenges 
facing the defendant.
    The relevant experience of the attorney.
    The avoidance of any conflicts of interest or 
other situations that could delay the case.
    Intangible factors, including a potential 
appointee’s commitment to providing timely, 
quality representation to the client.

The amendments do not apply to the appointment 
of any of the following persons:

    Acting judges.
    Receivers.
    An arbitrator, mediator, investigator, 
psychologist, interpreter, or other expert in a case.
    Persons appointed to serve in a non-judicial 
public office.
    Guardians ad litem.
    Guardians.

The amendments were proposed by the Advisory 
Committee on Case Management Subcommittee 
on Court Appointments with input from lawyers 
and judges, and are meant to allow Ohio judges 
to retain local control over appointments while 
encouraging best practices and improving the 
current system.






CASE ANNOUNCEMENTS
December 29, 2016
[Cite as 12/29/2016 Case Announcements, 2016-
Ohio-8458.]

MERIT DECISIONS WITH OPINIONS

2014-1844. State v. Creech, Slip Opinion No. 
2016-Ohio-8440.

Jefferson App. No. 13 JE 41, 2014-Ohio-4004. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
Lanzinger, French, and O’Neill, JJ., concur. 
O’Donnell, J., dissents and would dismiss the 
cause as improvidently

allowed. Kennedy, J., dissents, with an opinion.

2014-1940. Linert v. Foutz, Slip Opinion No. 2016-
Ohio-8445.

Mahoning App. No. 11 MA 189, 2014-Ohio-4431. 
Judgment reversed. O’Connor, C.J., and 
O’Donnell, Lanzinger, Kennedy, and French, JJ.,

concur. Pfeifer, J., dissents and would affirm the 
judgment of the court of appeals. O’Neill, J., 
dissents, with an opinion.

2015-0163. State ex rel. Cordell v. Pallet Cos., 
Inc., Slip Opinion No. 2016Ohio-8446.

Franklin App. No. 13AP-1017, 2014-Ohio-5561. 
Judgment affirmed. Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur. O’Connor, C.J., concurs 
in judgment only. O’Donnell, J., dissents, with an 
opinion. Kennedy, J., dissents, with an opinion.

2015-0360. State ex rel. Shaughnessy v. 
Cleveland, Slip Opinion No. 2016Ohio-8447.

In Mandamus. Writ denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
French, and O’Neill, JJ., concur.

Kennedy, J., dissents, with an opinion.

2015-0629 and 2015-1048. State v. Richardson, 
Slip Opinion No. 2016-Ohio8448.

Montgomery App. No. 26191, 2015-Ohio-757. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Lanzinger, J., dissents, with an opinion.

O’Neill, J., dissents, with an opinion joined by 
Pfeifer, J.

2015-1737. Bibler v. Stevenson, Slip Opinion No. 
2016-Ohio-8449.

Hancock App. No. 5-14-29, 2015-Ohio-3717. 
Judgment reversed and cause

remanded.

O’Connor, C.J., and Pfeifer and O’Neill, JJ., 
concur.

O’Donnell, J., concurs in judgment only.

Lanzinger, J., dissents, with an opinion joined by 
Kennedy and French, JJ.

APPEALS NOT ACCEPTED FOR REVIEW

2015-1284. State v. Noling.

Portage App. No. 2014-P-0045, 2015-Ohio-2454.

O’Donnell and Kennedy, JJ., dissent.

O’Neill, J., not participating.

RECONSIDERATION OF PRIOR DECISIONS

2015-2059. State ex rel. Ridenour v. O’Connell.

Montgomery App. No. 26592. Reported at ___ 
Ohio St.3d ___, 2016-Ohio-7368, ___ N.E.3d ___. 
On motion for reconsideration. Motion denied.

2016-1002. Burkhart Family Trust v. Antero 
Resources Corp.

Monroe App. Nos. 14 MO 0019 and 14 MO 0020, 
2016-Ohio-4817. Reported at 147 Ohio St.3d 
1437, 2016-Ohio-7677, 63 N.E.3d 156. On motion 
for reconsideration. Motion denied.

2 12-29-16

Pfeifer, Kennedy, and O’Neill, JJ., dissent.

2016-1057. Jabr v. Ohio Dept. of Job & Family 
Servs.

Franklin App. No. 15AP-1141, 2016-Ohio-4775. 
Reported at 147 Ohio St.3d 1438, 2016-Ohio-
7677, 56 N.E.3d 156. On motion for 
reconsideration. Motion denied.

2016-1058. Jabr v. Ohio Dept. of Taxation.

Franklin App. No. 16AP-26, 2016-Ohio-4776. 
Reported at 147 Ohio St.3d 1438, 2016-Ohio-
7677, 56 N.E.3d 156. On motion for 
reconsideration. Motion denied.

2016-1093. Miller v. State.

Richland App. No. 15CA96, 2016-Ohio-4623. 
Reported at 147 Ohio St.3d 1445, 2016-Ohio-
7854, 63 N.E.3d 1214. On motion for 
reconsideration. Motion denied.

2016-1094. In re Estate of Harmon.

Tuscarawas App. No. 2015 AP 09 0052, 2016-
Ohio-2617. Reported at 147 Ohio St.3d 1445, 
2016-Ohio-7854, 63 N.E.3d 1215. On motion for 
reconsideration. Motion denied.

2016-1100. State v. Terrell.

Cuyahoga App. No. 103428, 2016-Ohio-4563. 
Reported at 147 Ohio St.3d 1445, 2016-Ohio-
7854, 63 N.E.3d 1215. On motion for 
reconsideration. Motion granted. Discretionary 
appeal accepted, cause held for decision in 2016-
0317, State v. Anderson, and briefing schedule 
stayed.

Lanzinger, J., would not hold the cause and would 
not stay the briefing schedule.

O’Donnell and Kennedy, JJ., dissent.

2016-1366. State ex rel. Boles v. Gorman.

In Mandamus and Procedendo. Reported at 147 
Ohio St.3d 1447, 2016-Ohio7924, 63 N.E.3d 
1216. On motion for reconsideration. Motion 
denied.

MEDIATION MATTERS

The court hereby returns the following case to the 
regular docket under S.Ct.Prac.R. 19.01. The 
appellant shall file a brief within 40 days of the 
date of this entry, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R.

3 12-29-16

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2016-0568. Harrah’s Ohio Acquisition Co., L.L.C. 
v. Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2014-4596, 2014-
4810, 2014-4818, and 2014-4896.

4 12-29-16






CASE ANNOUNCEMENTS
December 28, 2016

[Cite as 12/28/2016 Case Announcements #3, 
2016-Ohio-8459.]

MOTION AND PROCEDURAL RULINGS

2016-1863. State ex rel. Fockler v. Husted.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of the motion for expedited 
consideration, it is ordered by the court that the 
motion is granted. It is further ordered by the court 
that an alternative writ is granted and the following 
briefing schedule is set for presentation of 
evidence and filing of briefs pursuant to 
S.Ct.Prac.R. 12.05: relators shall file their brief 
and evidence no later than January 3, 2017; 
respondent shall file his brief and evidence no 
later than January 6, 2017; and relators may file a 
reply brief no later than January 11, 2017.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J, concurs and would further order oral 
argument to be scheduled in this cause.







CASE ANNOUNCEMENTS
December 28, 2016

[Cite as 12/28/2016 Case Announcements #2, 
2016-Ohio-8439.]

MERIT DECISIONS WITHOUT OPINIONS
2016-1483. State ex rel. McCall v. Gall.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration pursuant to S.Ct.Prac.R. 
12.04 and upon respondents’ answer and motion 
for judgment on the pleadings, it is ordered by the 
court that the cause is dismissed.
O’Neill, J., dissents, with an opinion joined by 
Lanzinger, J.
O’NEILL, J., dissenting.

{¶ 1} Respectfully, I dissent from the court’s 
dismissal of this petition for a writ of mandamus.

{¶ 2} Relator, Tony McCall, petitions this court for 
a writ of mandamus commanding Cuyahoga 
County officials to produce copies of letters he 
believes the Cuyahoga County prosecuting 
attorney sent to the parole board in breach of his 
plea agreement. I believe that a prisoner is 
entitled to see what has been submitted against 
him in support of a denial of parole under the Due 
Process Clauses of the United States and Ohio 
Constitutions. Courts often state that due process 
“ ‘calls for such procedural protections as the 
particular situation demands.’ ” Mathews v. 
Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 
L.Ed.2d 18 (1976), quoting Morrissey

v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33 
L.Ed.2d 484 (1972). But in the context of a 
hearing under Ohio Adm.Code 5120:1-1-10(A) for 
the purpose of considering whether granting 
parole “would further the interests of justice and 
be consistent with the welfare and security of 
society,” R.C. 2967.03, this court has decided that 
the state parole laws do not “create an 
expectancy of parole upon which [an individual] 
can base [a] due process claim.” State ex rel. 
Blake v. Shoemaker, 4 Ohio St.3d 42, 43, 446 
N.E.2d 169 (1983).

{¶ 3} I disagree with that conclusion, and I believe 
it is time to reconsider it. The parole board 
commonly sets a “projected release date” for 
prisoners who are denied parole after a hearing. 
Ohio Adm.Code 5120:1-1-10(B)(1). I believe that 
this practice creates an “expectancy of release * * 
* entitled to some measure of constitutional 
protection.” Greenholtz v. Inmates of Nebraska 
Penal & Corr. Complex, 442 U.S. 1, 99 S.Ct. 
2100, 60 L.Ed.2d 668 (1979). But more to the 
point, I believe, contrary to the holding in 
Greenholtz, that every prisoner with a maximum 
prison term expects to be released someday. In 
his eyes, that day would be before the end of his 
imposed sentence. That future-liberty interest 
should be sufficient to trigger due-process 
protections at any hearing in which the parole 
board considers releasing an inmate sooner. 
Under either theory, McCall is entitled to an 
“opportunity to be heard” regarding the propriety 
of parole “ ‘at a meaningful time and in a 
meaningful manner.’ ” Mathews at 333, quoting 
Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct. 
1187, 14 L.Ed.2d 62 (1965). And I believe that 
there can be no meaningful parole hearing if a 
prisoner cannot rebut the particular assertions of 
those who show up to say he should remain in 
prison.

{¶ 4} How can we as a court say that there has 
been a meaningful hearing when the party 
requesting the hearing was not permitted the 
opportunity to inspect and rebut that which was 
presented? Ignore for a moment the “expectancy 
of release,” which apparently is being summarily 
dismissed by the majority. The state is making a 
decision whether to continue the incarceration of 
one of its citizens. Certainly, liberty is at stake. 
The current procedure is the modern day 
equivalent of a Star Chamber proceeding. 
Imagine, if you will, the following colloquy, which is 
not only permitted but encouraged by the current 
law: “Well, Mr. Prisoner, do you have anything 
else to present? I have heard all your arguments 
about being rehabilitated, read the favorable 
comments from your correctional officers, and 
even considered that glowing letter from your 
former employer who needs you back on the job. 
Unfortunately, I also have read many documents, 
none of which I am going to show you, indicating 
that you were a bad child, a bad adolescent, a 
bad neighbor, and generally a bad influence in 
your neighborhood 20 years ago. Since you have 
not rebutted that which you have not seen, I really 
have no choice but to deny your application to be 
released. Have a nice day. This hearing is 
adjourned.”

{¶ 5} That is not due process. It is a badly flawed 
system that violates the United States and Ohio 
Constitutions. Daily.

{¶ 6} I therefore believe that McCall is entitled to 
copies of any documents sent to the parole board 
that were relied upon in determining the outcome 
of his petition. This is notwithstanding the 
respondents’ argument that these items are not 
public records.

{¶ 7} Respectfully, I dissent.

LANZINGER, J., concurs in the foregoing opinion.

RECONSIDERATION OF PRIOR DECISIONS
2016-0880. State v. Gall.

Montgomery App. Nos. 26114 and 26115, 2016-
Ohio-2748. This cause came on for further 
consideration upon the filing of appellant’s motion 
for reconsideration. It is ordered by the court that 
the motion is denied.
O’Neill, J., dissents, with an opinion joined by 
Lanzinger, J.
O’NEILL, J., dissenting.

{¶ 1} Respectfully, I must dissent from the 
decision to deny reconsideration.

{¶ 2} I originally joined the court in voting to deny 
jurisdiction over this matter and reject the appeal 
of appellant, Eugene Gall. 146 Ohio St.3d 1514, 
2016-Ohio-7199, 60 N.E.3d 6. Upon reflection, I 
believe that Gall’s appeal presents an issue of 
great importance. For that reason, I would accept 
his first proposition of law: “If an offender serves 
time on a nullified, expunged conviction, the 
sentence is invalid and any time served on that 
invalid sentence should be credited towards a 
valid sentence to avoid collateral consequences.”

{¶ 3} The full course of Gall’s history of 
imprisonment was explained in the opinion of the 
Second District Court of Appeals. 2016-Ohio-
2748, 51 N.E.3d 703, ¶ 2-7 (2d Dist.). Briefly, Gall 
served many years on death row in Kentucky 
while waiting to serve consecutive sentences 
imposed for multiple rapes he committed in Ohio 
in the late 1970s. Id. at ¶ 3-5. In October 2000, 
the United States Court of Appeals for the Sixth 
Circuit granted relief in habeas corpus, declared 
Gall’s Kentucky death-penalty conviction 
unconstitutional, and determined that he could not 
be retried. Gall v. Parker, 231 F.3d 265, 335 (6th 
Cir.2000). A federal district court later nullified the 
conviction and ordered it expunged from Gall’s 
record. Gall v. Scroggy, E.D.Ky. No. 2:87-56-DCR, 
2008 WL 9463883 (Dec. 4, 2008). The issue 
before us now is whether the time served in 
Kentucky should be credited toward Gall’s Ohio 
sentences.

{¶ 4} This court once declared that “time served 
under a conviction which is subsequently vacated 
and not reimposed should be credited to a prior 
existing sentence which was not running during 
the period the accused was in custody under the 
vacated sentence.” McNary v. Green, 12 Ohio 
St.2d 10, 12, 230 N.E.2d 649 (1967). We spoke 
generally and made no distinction between prison 
sentences served in this or another state. We 
called this “the sound rule” to follow in our state, 
id., and based our decision on no other authority
—not even a statute.

{¶ 5} Only a few courts have considered our ruling 
in McNary in the ensuing decades. In 1967, we 
did not balk at declaring a rule of law for no other 
reason than that we thought it was the most 
reasonable one whenever a prisoner “was 
deprived of his liberty” illegally. Id. at 12. Shortly 
thereafter, an appellate court applied the rule in 
McNary to the case of a man who had been 
imprisoned for some time on an invalid charge 
and credited the time on the invalid charge toward 
a prison sentence he should have been serving 
on a valid charge. State v. Preston, 20 Ohio 
App.2d 333, 335, 253 N.E.2d 827 (7th Dist.1969). 
But 47 years later, another appellate court has 
now found a factual distinction between the 
instant case and the McNary and Preston cases. 
The appellate court was persuaded by the fact 
that Gall served his time in Kentucky and not in 
Ohio. 2016-Ohio-2748, 51 N.E.3d 703, ¶ 23. 
Moreover, according to the court of appeals, the 
version of the jail-time-credit statute in effect when 
McNary and Preston were decided was not as 
limited as the current statute. I question this 
holding. In McNary, we did not narrow our rule 
factually, and we did not rely on a statute. In fact, 
the jail-time-credit statute does not address the 
circumstances in this case. R.C. 2967.191.

{¶ 6} Rather than allowing the lower courts to 
overrule our precedent, we should address the 
question whether an inmate gets credit for time 
served in another state when that foreign 
sentence has been vacated and when it 
prevented the inmate from serving a term in an 
Ohio prison. We adhere strongly to precedent in 
the modern era, only overruling our prior case law 
in very limited circumstances. Westfield Ins. Co. v. 
Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 
797 N.E.2d 1256, paragraph one of the syllabus. 
And we should do that work for ourselves rather 
than encouraging courts of appeals to do the 
heavy lifting. This is a policy question, and this is 
a policy court.

{¶ 7} Without question, Gall committed terrible 
crimes for which he should be punished. He 
should serve precisely the sentence he deserves 
because his crimes are so profoundly 
reprehensible. But he is a human being living in 
Ohio, and he should not serve a day more than 
the law requires—it is elementary that all people 
in Ohio are guaranteed the due process of law. 
The Kentucky conviction did not happen in a legal 
sense. That entire proceeding has been 
expunged. Because Gall was deprived of his 
ability to complete his Ohio prison time by virtue 
of prison time served in Kentucky, we should 
decide whether or not the time Gall served in 
Kentucky is also now a legal fiction.

{¶ 8} For these reasons, I dissent.

LANZINGER, J., concurs in the foregoing opinion.






CASE ANNOUNCEMENTS
December 28, 2016

[Cite as 12/28/2016 Case Announcements, 2016-
Ohio-8438.]

MERIT DECISIONS WITH OPINIONS
2013-0449. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision, Slip Opinion No. 
2016-Ohio-8375.

Board of Tax Appeals, No. 2010-W-3563. 
Decision vacated and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.
2014-1621. Caster v. Columbus, Slip Opinion No. 
2016-Ohio-8394.

In Mandamus. Writ granted.

Pfeifer, Kennedy, French, and O’Neill, JJ., concur.

O’Connor, C.J., concurs in part and dissents in 
part, with an opinion joined by Lanzinger, J.

O’Donnell, J., dissents and would not overrule any 
portion of State ex rel. Steckman v. Jackson, 70 
Ohio St.3d 420, 639 N.E.2d 83 (1994).
2014-1781. Emerson Network Power, Energy 
Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision, 
Slip Opinion No. 2016-Ohio-8392.

Board of Tax Appeals, No. 2013-5354. Decision 
vacated and cause remanded with

instructions.

O’Connor, C.J., and Pfeifer, Kennedy, French, and 
O’Neill, JJ., concur.

Lanzinger, J., concurs in judgment only.

O’Donnell, J., dissents and would affirm the 
decision of the Board of Tax Appeals.
2014-1831. Utt v. Lorain Cty. Bd. of Revision, Slip 
Opinion No. 2016-Ohio8402.

Board of Tax Appeals, No. 2013-2664. Decision 
reversed.

O’Connor, C.J., and Lanzinger, Kennedy, and 
French, JJ., concur.

Pfeifer, O’Donnell, and O’Neill, JJ., dissent and 
would affirm the decision of the Board of Tax 
Appeals.
2014-2012. Giddens v. Testa, Slip Opinion No. 
2016-Ohio-8412.

Board of Tax Appeals, No. 2012-359. Decision 
affirmed in part and reversed in part and 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.
2015-0917. T. Ryan Legg Irrevocable Trust v. 
Testa, Slip Opinion No. 2016Ohio-8418.

Board of Tax Appeals, No. 2013-1469. Decision 
affirmed in part and vacated in part and 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., concurs, with an opinion.
2015-1340. Jacobson v. Kaforey, Slip Opinion No. 
2016-Ohio-8434.

Summit App. No. 26915, 2015-Ohio-2624. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

Kennedy, J., concurs in judgment only, with an 
opinion joined by Jensen, J.

O’Donnell, J., dissents, with an opinion.

James D. Jensen, of the Sixth District Court of 
Appeals, sitting for French, J.

MERIT DECISIONS WITHOUT OPINIONS
2016-1510. State ex rel. Jackson v. O’Donnell.

In Mandamus and Prohibition. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1512. Rose v. Powers.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents and would grant a 
peremptory writ.
2016-1517. State ex rel. Buchanan v. Mohr.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents and would grant an alternative 
writ.
2016-1534. Doremus v. Lucas Cty. Probate Court.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS
1989-0454. State v. Landrum.

Ross App. No. 1330. This cause came on for 
further consideration upon appellee’s motion to 
set an execution date.

Upon consideration thereof, it is ordered by the 
court that the motion is granted.

It is further ordered that James P. Frazier’s 
sentence be carried into execution by the warden 
of the Southern Ohio Correctional Facility or, in 
his absence, by the deputy warden on 
Wednesday, the 12th day of February, 2020, in 
accordance with the statutes so provided.

It is further ordered that a certified copy of this 
entry and a warrant under the seal of this court be 
duly certified to the warden of the Southern Ohio 
Correctional Facility and that said warden shall 
make due return thereof to the Clerk of the Court 
of Common Pleas of Ross County.

Pfeifer and O’Neill, JJ., dissent.
1989-2136. State v. Bonnell.

Cuyahoga App. No. 55927. On motion for order or 
relief pursuant to S.Ct.Prac.R.

4.01. Motion denied. O’Neill, J., dissents.

1998-1970. State v. Tibbetts.

Hamilton C.P. No. B9708596. On motion for stay 
of execution. Motion denied.

O’Neill, J., dissents for the reasons set forth in his 
dissenting opinion in State v. Wogenstahl, 134 
Ohio St.3d 1437, 2013-Ohio-164, 981 N.E.2d 900.
2015-1762. Robinson v. LaRose.

Trumbull App. No. 2015-T-0051, 2015-Ohio-4323. 
On motion to certify the record. Motion denied as 
moot.
2016-1486. Sunoco Pipeline, L.P. v. Teter.

Harrison App. Nos. 16 HA 0002 and 16 HA 0005, 
2016-Ohio-7073. On motion of Sunoco Pipeline, 
L.P., to lift stay of execution of appellate court’s 
judgment. Motion denied. On motion to strike 
motion of Sunoco Pipeline, L.P., to lift stay of 
execution of appellate court’s judgment. Motion 
denied.

O’Donnell, Lanzinger, and French, JJ., dissent 
and would grant the motion to lift stay of execution 
and would require a bond in the amount of $2.5 
million.
2016-1596. State v. Juan.

Franklin App. Nos. 15AP-447 and 15AP-1054, 
2016-Ohio-5339. On motion for leave to file 
delayed appeal. Motion denied.

Pfeifer and O’Neill, JJ., dissent.
2016-1599. State v. Wilson.

Putnam App. No. 12-15-13. On motion for leave 
to file delayed appeal. Motion denied.
2016-1600. State v. Bowers.

Hamilton App. No. C-150024, 2016-Ohio-904. On 
motion for leave to file delayed appeal. Motion 
denied.
2016-1620. State v. Murphy.

Ross App. No. 15CA3475, 2016-Ohio-1165. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2016-1625. State v. Blair.

Washington App. No. 14CA33, 2016-Ohio-2872. 
On motion for leave to file delayed appeal. Motion 
denied.
2016-1636. Fannie Mae v. Hicks.

Cuyahoga App. No. 103804, 2016-Ohio-7483. On 
motion for stay. Motion denied.

Lanzinger and Kennedy, JJ., dissent.
2016-1644. State v. Weems.

Cuyahoga App. No. 102954, 2016-Ohio-701. On 
motion for leave to file delayed appeal. Motion 
denied.
2016-1652. State v. Brown.

Richland App. No. 16CA15, 2016-Ohio-5893. On 
review of an order certifying a conflict. The court 
determines that a conflict exists. The parties are 
ordered to brief the issue stated at page 5 of the 
court of appeals’ entry filed October 28, 2016:

“Whether the post-release control notification of 
R.C. 2929.19(B)(2)(e) must include notification of 
the penalty provisions in R.C. 2929.141(A)(1)-(2), 
specifically, whether a trial court must inform an 
offender at the time of sentencing that the 
commission of a felony during a period of post-
release control permits a trial court to impose a 
new prison term for the violation to be served 
consecutively with any prison term for the new 
felony.”

The conflict case is State v. Pippen, 4th Dist. 
Scioto No. 14CA3595, 2014Ohio-4454.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
Court of Appeals for Richland County.

Pfeifer, J., dissents.
2016-1656. State v. Ward.

Montgomery App. No. 26773, 2016-Ohio-5354. 
On motion for leave to file delayed appeal. Motion 
denied.
2016-1662. State v. Holden.

Hamilton App. No. C-1600150, 2016-Ohio-7042. 
On motion for stay. Motion denied.

O’Neill, J., dissents and would grant the stay and 
order the bond continued.
2016-1663. Rownd v. Marcelli.

Stark App. No. 2015 CA 00154, 2016-Ohio-7142. 
On motion for stay of trial court's July 28, 2015 
judgment and the court of appeals’ September 30, 
2016 opinion. Motion denied.
2016-1669. State v. Travis.

Seneca App. No. 13-16-08. On motion for leave to 
file delayed appeal. Motion denied.

O’Connor, C.J., and Lanzinger and O’Neill, JJ., 
dissent.
2016-1674. State v. Jackson.

Cuyahoga App. No. 100877, 2016-Ohio-7474. On 
emergency motion to stay court of appeals’ 
judgment. Motion denied.
2016-1685. State v. Murphy.

Ross App. No. 15CA3475, 2016-Ohio-1165. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2016-1704. State ex rel. Williams v. Trim.

Union App. No. 14-13-18. On motion for stay. 
Motion denied. Pfeifer, J., dissents.

APPEALS NOT ACCEPTED FOR REVIEW
2015-0262. State v. Montgomery.

Franklin App. No. 13AP-1091, 2015-Ohio-500.

O’Donnell, J., dissents and would accept the 
cause on Proposition of Law Nos. IV and V.

Kennedy, J., dissents.
2016-1049. State v. Patrick.

Mahoning App. No. 14 MA 0093, 2016-Ohio-3283. 
O’Donnell, Kennedy, and French, JJ., dissent.
2016-1073. Ellison v. Hillsboro.

Highland App. No. 15CA17, 2016-Ohio-1556. 
O’Donnell and Kennedy, JJ., dissent.
2016-1077. Cunningham v. Bone Dry 
Waterproofing, Inc.

Franklin App. No. 15AP-587, 2016-Ohio-3341. 
O’Donnell and O’Neill, JJ., dissent.

2016-1081. State v. Walker.

Seneca App. No. 13-15-42, 2016-Ohio-3499.

2016-1085. State v. Clark.

Cuyahoga App. No. 96207, 2016-Ohio-2825. 
Motion to strike denied.

O’Connor, C.J., dissents and would accept the 
appeal on Proposition of Law No. II, reverse the 
decision of the court of appeals, and remand the 
cause to the court of appeals for application of 
State v. Johnson, 128 Ohio St.3d 153, 2010Ohio-
6314, 942 N.E.2d 1061.

O’Neill, J., dissents.
2016-1086. In re P.G.T.

Columbiana App. No. 14 CO 0034, 2016-Ohio-
3429.
2016-1090. State v. Cannon.

Cuyahoga App. No. 103298, 2016-Ohio-3173.
2016-1096. In re Estate of Ball.

Belmont App. No. 15 BE 0004, 2016-Ohio-4817. 
Pfeifer, Kennedy, and O’Neill, JJ., dissent.
2016-1097. Brown v. Ralston.

Belmont App. No. 14 BE 0051, 2016-Ohio-4916.
2016-1104. Hutchinson v. Kaforey.

Summit App. No. 27761, 2016-Ohio-3541.
2016-1114. State v. Hicks.

Hamilton App. No. C-150311.

2016-1118. CapitalSource Bank v. Hnatiuk.

Cuyahoga App. No. 103210, 2016-Ohio-3450.

2016-1127. State v. Clark.

Cuyahoga App. No. 103324, 2016-Ohio-4561.

2016-1132. State v. Wolfe.

Delaware App. No. 16CAA020008, 2016-Ohio-
4616.

2016-1144. State v. Lytle.

Franklin App. Nos. 15AP-748 and 15AP-754, 
2016-Ohio-3532.

2016-1151. State v. Hasenyager.

Summit App. No. 27756, 2016-Ohio-3540.

O’Neill, J., dissents and would accept the cause 
on Proposition of Law No.

III.
2016-1171. Grubb v. Buehrer.

Franklin App. No. 15AP-576, 2016-Ohio-4645.
2016-1174. State v. Hackney.

Hamilton App. No. C-150375, 2016-Ohio-4609. 
O’Neill, J., dissents.
2016-1180. State v. Lenoir.

Montgomery App. No. 26846, 2016-Ohio-4981.

2016-1182. State v. Steiner.
Holmes App. No. 15CA17, 2016-Ohio-4648.
2016-1192. State v. Mickens.

Franklin App. No. 15AP-961, 2016-Ohio-4636.

2016-1215. Hess v. Satink.
Summit App. No. 27729, 2016-Ohio-4684.

2016-1226. New Beginnings Residential 
Treatment Ctr., L.L.C. v. Steel Town,
L.L.C.

Mahoning App. No. 15 MA 0185, 2016-Ohio-4814. 
O’Donnell, J., dissents.

2016-1230. State v. Smith.

Fairfield App. No. 15-CA-46, 2016-Ohio-4832.

2016-1253. State v. Johnson.

Montgomery App. No. 26339, 2016-Ohio-4888.

2016-1254. State v. Johnson.

Montgomery App. No. 26795, 2016-Ohio-4889.

2016-1276. State ex rel. Curtis v. Brown Cty. 
Coroner.

Brown App. No. CA2006-02-002.

2016-1285. State v. Miller.

Lorain App. No. 14CA010556, 2016-Ohio-4993.
2016-1294. State v. Mallett.

Lucas App. Nos. L-15-1143 and L-15-1144.
2016-1296. State v. Blevins.

Clark App. No. 2014-CA-47, 2016-Ohio-5049.
2016-1523. State v. Lumbus.

Cuyahoga App. No. 102273, 2016-Ohio-5920.
2016-1531. Fifth Third Mtge. Co. v. Perry.

Pickaway App. No. 15CA22, 2016-Ohio-7811. 
Motion for stay denied.

Pfeifer and O’Neill, JJ., dissent and would accept 
the cause and grant the motion for stay.
2016-1539. State v. Pullens.

Clermont App. No. CA2015-03-024, 2016-Ohio-
260. O’Neill, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS
2015-0839. State ex rel. Cuyahoga Lakefront 
Land, L.L.C. v. Cleveland.

Cuyahoga App. No. 101438, 2015-Ohio-1637. 
Reported at ___ Ohio St.3d ___, 2016-Ohio-7640, 
___ N.E.3d ___. On motion for reconsideration. 
Motion denied.

Pfeifer, J., dissents.
2015-1419. Smith v. Erie Ins. Co.

Ottawa App. No. OT-15-005, 2015-Ohio-3078. 
Reported at ___ Ohio St.3d ___, 2016-Ohio-7742, 
___ N.E.3d ___. On motion for reconsideration. 
Motion denied.

O’Donnell, Kennedy, and French, JJ., dissent.
2016-0638. State v. Blair.

In Habeas Corpus. Reported at 146 Ohio St.3d 
1506, 2016-Ohio-5873, 58 N.E.3d 1177. On 
motion for reconsideration. Motion granted. On 
entry of judgment. Entry denied as moot. Sua 
sponte, cause dismissed.

Pfeifer and Kennedy, JJ., dissent and would deny 
the motion for reconsideration.
2016-0954. State v. Johnson.

Cuyahoga App. No. 102449, 2016-Ohio-1536. 
Reported at 62 Ohio St.3d 185, 2016-Ohio-7455, 
147 N.E.3d 1412. On motion for reconsideration. 
Motion denied.

O’Donnell, Kennedy, and French, JJ., dissent.
2016-1172. State ex rel. Stanley v. Andrews.

In Mandamus. Reported at 147 Ohio St.3d 1416, 
2016-Ohio-7598, 62 N.E.3d 188. On motion for 
reconsideration. Motion denied. On motion to take 
judicial notice. Motion denied as moot.
2016-1189. State ex rel. Bradford v. First Dist. 
Court of Appeals Judges.

In Prohibition. Reported at 147 Ohio St.3d 1410, 
2016-Ohio-7455, 62 N.E.3d 183. On motion for 
reconsideration. Motion denied.
2016-1304. State ex rel. Victor v. Stupika.

In Prohibition. Reported at 147 Ohio St.3d 1410, 
2016-Ohio-7455, 62 N.E.3d 184. On motion for 
reconsideration. Motion denied.
2016-1340. Disciplinary Counsel v. Cummings.

Reported at 147 Ohio St.3d 1214, 2016-Ohio-
7294, 63 N.E.3d 135. On motion for 
reconsideration. Motion denied.

O’Neill, J., dissents.
2016-1385. State v. Goldshtein.

Cuyahoga App. No. 104262. Reported at 147 
Ohio St.3d 1436, 2016-Ohio-7677, 63 N.E.3d 155. 
On motion for reconsideration. Motion denied.

O’Donnell, J., dissents.








CASE ANNOUNCEMENTS
December 27, 2016
[Cite as 12/27/2016 Case Announcements, 2016-
Ohio-8376.]

MERIT DECISIONS WITH OPINIONS

2014-0552. Olentangy Local Schools Bd. of Edn. 
v. Delaware Cty. Bd. of Revision, Slip Opinion No. 
2016-Ohio-8332.

Board of Tax Appeals, No. 2011-A-565. Decision 
affirmed. O’Connor, C.J., and Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur. Pfeifer, 
J., dissents and would reinstate the decision of 
the Board of

Revision. O’Donnell, J., dissents.

2015-0192. State v. D.B., Slip Opinion No. 2016-
Ohio-8334.

Montgomery App. No. 25859, 2014-Ohio-5368. 
Judgment reversed and cause

remanded. O’Connor, C.J., and Pfeifer, Lanzinger, 
and O’Neill, JJ., concur. O’Donnell, Kennedy, and 
French, JJ., concur in judgment only.

2015-0348. Argabrite v. Neer, Slip Opinion No. 
2016-Ohio-8374.

Montgomery App. No. 26220, 2015-Ohio-125. 
Judgment affirmed. O’Connor, C.J., and 
O’Donnell, Lanzinger, and French, JJ., concur. 
Lanzinger, J., concurs, with an opinion. Kennedy, 
J., concurs in judgment only, with an opinion. 
Pfeifer, J., concurs in part and dissents in part, 
with an opinion joined by

O’Neill, J. O’Neill, J., concurs in part and dissents 
in part, with an opinion.

2015-0652. State v. Hand, Slip Opinion No. 2016-
Ohio-8355.

Montgomery App. No. 25840. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
French, and O’Neill, JJ., concur.

Kennedy, J., dissents.

2015-0774. State v. Mohammad, Slip Opinion No. 
2016-Ohio-8362.

Franklin App. No. 14AP-662, 2015-Ohio-1234. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2015-1187 and 2015-1189. In re Grand Jury 
Proceeding of Doe, Slip Opinion No. 2016-Ohio-
8356.

Cuyahoga App. No. 102978. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, Kennedy, and French, JJ., concur in 
judgment only.

2015-1239 and 2015-1240. In re Grand Jury 
Proceeding of Doe, Slip Opinion No. 2016-Ohio-
8357.

Cuyahoga App. No. 102979. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, Kennedy, and French, JJ., concur in 
judgment only.

2015-1259. State v. Mobarak, Slip Opinion No. 
2016-Ohio-8372.

Franklin App. No. 14AP-517, 2015-Ohio-3007. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2015-1782. State v. Shalash, Slip Opinion No. 
2016-Ohio-8358.

Warren App. No. CA2014-12-146, 2015-Ohio-
3836. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2016-0118. State v. Jackson, Slip Opinion No. 
2016-Ohio-8363.

Summit App. No. 27133, 2015-Ohio-5246. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

2 12-27-16

O’Neill, J., dissents.

2016-0179 and 2016-0201. State v. Mustafa, Slip 
Opinion No. 2016-Ohio-8364.

Franklin App. No. 15AP-465 and 15AP-466, 2015-
Ohio-5370. Judgment reversed and cause 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2016-1024. State v. Jackson, Slip Opinion No. 
2016-Ohio-8373.

Summit App. No. 27132. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2016-1168 and 2016-1297. State v. Mobarak, Slip 
Opinion No. 2016-Ohio8368.

Franklin App. No. 16AP-162, 2016-Ohio-4632. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

MISCELLANEOUS DISMISSALS

2016-0302. State ex rel. Bennett v. Aldi.

Franklin App. No. 14AP-632, 2016-Ohio-83. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Franklin County.

Upon consideration of the application for 
dismissal of its appeal filed by Aldi, Inc., Ohio, it is 
ordered by the court that the application for 
dismissal is granted. Aldi’s notice of appeal is 
dismissed, and the case remains pending on the 
appeal of the Industrial Commission of Ohio.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

3 12-27-16

2016-1796. Yves v. Montogmery Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-2323.

2016-1797. Brutten Family Partners, L.L.C. v. 
Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2325.

2016-1815. ARCP LS Bedford Heights OH, L.L.C. 
v. Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2145.

2016-1839. State ex rel. Belle Tire Distribs., Inc. v. 
Indus. Comm.

Franklin App. No. 16AP-92, 2016-Ohio-7869.

2016-1845. State ex rel. Roberts v. Indus. Comm. 
Franklin App. No. 15AP-892, 2016-Ohio-7570.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellant shall file a brief within 40 days of 
the date of this entry, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R.

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2016-1423. Spirit Master Funding IX, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2188 and 2015-
2195.

4 12-27-16






CASE ANNOUNCEMENTS 
December 20, 2016 

[Cite as 12/20/2016 Case Announcements, 2016-
Ohio-8198.]

MERIT DECISIONS WITH OPINIONS

2015-1222. State ex rel. Cincinnati Enquirer v. 
Deters, Slip Opinion No. 2016Ohio-8195.

In Mandamus. Cause dismissed in part and writ 
denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and O’Neill, JJ., concur.

French, J., concurs in judgment only.

2016-0353. In re A.J., Slip Opinion No. 2016-
Ohio-8196.

Crawford App. No. 3-15-12, 2016-Ohio-248. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell, J., dissents, with an opinion joined by 
Kennedy, J.

MOTION AND PROCEDURAL RULINGS

2016-1739. Mozingo v. 2007 Gaslight Ohio, L.L.C.

Summit App. No. 27759, 2016-Ohio-4828. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Brian W. Zimmerman, it is ordered 
by the court that the motion is granted. Pursuant 
to Gov.Bar R. XII(4), counsel shall file a notice of 
permission to appear pro hac vice with the 
Supreme Court’s Office of Attorney Services 
within 30 days of the date of this entry.







CASE ANNOUNCEMENTS 
December 16, 2016 

[Cite as 12/16/2016 Case Announcements, 2016-
Ohio-8162.]

MOTION AND PROCEDURAL RULINGS

2016-0901. ARCP RL Portfolio VIII, L.L.C. v. Stark 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1206. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2016-1505. Cincinnati City Schools Bd. of Edn. v. 
Hamilton Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1993. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

DISCIPLINARY CASES

2000-1889. Cincinnati Bar Assn. v. Jones.

This cause came on for further consideration 
upon the filing of an application for reinstatement 
by respondent, Timothy V. Jones, Attorney 
Registration No. 0063968, last known business 
address in Statesboro, Georgia.

Upon consideration thereof, it is ordered by this 
court that the application is denied.

2016-0800. Disciplinary Counsel v. Coriell.

This cause is pending before the court upon the 
filing of a certification of default by the Board of 
Professional Conduct. On December 16, 2016, in 
case No. 20161762, In re Resignation of Coriell, 
the resignation of respondent was accepted by 
the court pursuant to Gov.Bar R. VI(11)(C) as a 
resignation with disciplinary action pending.

Therefore, it is ordered by the court that case No. 
2016-0800 is dismissed.

2016-0861. Disciplinary Counsel v. Schnittke.

This cause is pending before the court upon the 
filing of a report by the Board of Professional 
Conduct. Upon consideration thereof, it is ordered 
by the court, sua sponte, that this matter is 
remanded to the board for further proceedings, 
including consideration of a more severe sanction. 
Proceedings before this court in this case are 
stayed until further order of this court.

2016-1613. Disciplinary Counsel v. Porter.

This cause is pending before the court upon the 
filing of a notice of the imposition of reciprocal 
discipline. On December 16, 2016, in case No. 
2016-1768, In re Resignation of Porter, the 
resignation of respondent was accepted by the 
court pursuant to Gov.Bar R. VI(11)(C) as a 
resignation with disciplinary action pending.

Therefore, it is ordered by the court that case No. 
2016-1613 is dismissed.

2016-1762. In re Resignation of Coriell.

On application for resignation of Jennifer Lynn 
Coriell, Attorney Registration No. 0072791, and 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2 12-16-16

2016-1768. In re Resignation of Porter.

On application for resignation of Dean Douglas 
Porter, Attorney Registration No. 0051417, and 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

MISCELLANEOUS DISMISSALS

2016-1439. State v. White.

Lucas App. No. L-16-1138. This cause is pending 
before the court as a jurisdictional appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2016-1694. State v. Liller.

Trumbull App. No. 2015-T-0112, 2016-Ohio-7155. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2016-1738. Panezich v. Green.

Mahoning App. No. 16 MA 0163, 2016-Ohio-7948. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Mahoning 
County.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Mahoning County.

3 12-16-16







CASE ANNOUNCEMENTS 
December 15, 2016 

[Cite as 12/15/2016 Case Announcements, 2016-
Ohio-8140.]

MERIT DECISIONS WITH OPINIONS

2013-0536. State v. Spaulding, Slip Opinion No. 
2016-Ohio-8126.

Summit C.P. No. CR2012-05-1508. Judgment 
affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents, with an opinion.

2015-1137. State v. Jackson, Slip Opinion No. 
2016-Ohio-8127.

Hamilton App. No. C-140384, 2015-Ohio-2171. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and O’Neill, JJ., concur.

French, J., concurs in judgment only.

MOTION AND PROCEDURAL RULINGS

2016-1584. Kolosai v. Azem.

Cuyahoga App. No. 102920, 2016-Ohio-5831. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellee’s amended motion 
to strike notice of appeal and memorandum in 
support of jurisdiction, it is ordered by the court 
that the motion is denied.

It is further ordered that the appellee may file a 
memorandum in response within 30 days from the 
date of this entry.

DISCIPLINARY CASES

2015-0602. Disciplinary Counsel v. Hiatt.

This cause is pending before the court upon the 
filing of a report and recommendation by the 
Board of Professional Conduct. On December 7, 
2016, relator, disciplinary counsel, filed a 
suggestion of death of respondent.

Upon consideration thereof, it is ordered by the 
court that this matter is dismissed.

2016-0032. Trumbull Cty. Bar. Assn. v. Bellew.

It is ordered by this court, sua sponte, that 
Timothy Eric Bellew, Attorney Registration No. 
0067573, last known business address in Girard, 
Ohio, is found in contempt for failure to comply 
with this court’s order of September 26, 2016, to 
wit: failure to file an affidavit of compliance on or 
before October 26, 2016.

2016-1030. In re Resignation of Stevens.

This matter came on for further consideration 
upon the filing by respondent of a motion to purge 
contempt.

Upon consideration thereof, it is ordered by the 
court that the motion is granted.

2016-1261. In re Resignation of Gussler.

It is ordered by this court, sua sponte, that 
Stephanie Gail Gussler, Attorney Registration No. 
59803, last known business address in Granville, 
Ohio, is found in contempt for failure to comply 
with this court’s order of September 26, 2016, to 
wit: failure to file an affidavit of compliance on or 
before October 26, 2016.

2016-1489. Wood Cty. Bar Assn. v. Searfoss.

This cause is pending before the court upon the 
filing by the Board of Professional Conduct of a 
final report and recommendation. It has come to 
the court’s attention that some of the exhibits 
attached to relator’s answer contain personal 
identifiers, as defined by Rule 44(H) of the Rules 
of Superintendence of the Courts of Ohio, which 
have not been redacted.

It is ordered by the court, sua sponte, that counsel 
for relator shall come to the Supreme Court of 
Ohio Clerk’s Office and redact any and all 
personal identifiers, as defined by Rule 44(H) of 
the Rules of Superintendence, from relator’s 
answer and any exhibits attached thereto within 
ten days of the date of this entry.

2 12-15-16







CASE ANNOUNCEMENTS

December 19, 2016
[Cite as 12/19/2016 Case Announcements, 2016-
Ohio-8194.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF DECEMBER 19, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the December 19, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2011-2042. Disciplinary Counsel v. Ford, 147 Ohio 
St.3d 1220, 2016-Ohio

5914. 2014-0749. State ex rel. School Choice 
Ohio, Inc. v. Cincinnati Pub. School Dist., 147 
Ohio St.3d 256, 2016-Ohio-5026.

2014-1173. State v. Marks, 147 Ohio St.3d 243, 
2016-Ohio-4837. 2014-1175. State v. Jenkins, 147 
Ohio St.3d 244, 2016-Ohio-4838. 2014-1176. 
State v. Harris, 147 Ohio St.3d 244, 2016-Ohio-
4839. 2014-1177. State v. Scott, 147 Ohio St.3d 
245, 2016-Ohio-4840. 2014-1200. State v. Collins, 
147 Ohio St.3d 245, 2016-Ohio-4841. 2014-1201. 
State v. Wiley, 147 Ohio St.3d 246, 2016-Ohio-
4843. 2014-1363. State v. Washington, 147 Ohio 
St.3d 247, 2016-Ohio-4845.

2014-1368. State v. Washington, 147 Ohio St.3d 
247, 2016-Ohio-4847.

2014-1626. Christian Voice of Cent. Ohio v. Testa, 
147 Ohio St.3d 217, 2016Ohio-1527. 2014-1712. 
State v. Diamond, 147 Ohio St.3d 248, 2016-
Ohio-4848. 2014-1714. State v. Diamond, 147 
Ohio St.3d 248, 2016-Ohio-4849. 2014-1715. 
State v. Turner, 147 Ohio St.3d 249, 2016-Ohio-
4850. 2014-1716. State v. Melton, 147 Ohio St.3d 
250, 2016-Ohio-4851. 2014-1717. State v. 
Wimbush, 147 Ohio St.3d 250, 2016-Ohio-4852. 
2014-1721. State v. Diamond, 147 Ohio St.3d 
251, 2016-Ohio-4853. 2014-1725. State v. 
Stewart, 147 Ohio St.3d 251, 2016-Ohio-4854. 
2014-1738. Toledo Bar Assn. v. DeMarco, 147 
Ohio St.3d 1220, 2016-Ohio

5916. 2014-1776. State v. Wimbush, 147 Ohio 
St.3d 252, 2016-Ohio-4855. 2014-2051. Wendt v. 
Dickerson, 147 Ohio St.3d 284, 2016-Ohio-5822. 
2015-1381. State ex rel. Gibson v. Sloan, 147 
Ohio St.3d 240, 2016-Ohio-3422. 2015-1455. 
State v. Wheeler, 147 Ohio St.3d 253, 2016-Ohio-
4860. 2015-1483. State ex rel. Keith v. Gaul, 147 
Ohio St.3d 270, 2016-Ohio-5566. 2015-1634. 
State v. Clark, 147 Ohio St.3d 253, 2016-Ohio-
4873. 2015-1637. State v. Sheppard, 147 Ohio 
St.3d 254, 2016-Ohio-4874. 2015-1691. State v. 
George, 147 Ohio St.3d 254, 2016-Ohio-4876. 
2015-1692. State v. Johnson, 147 Ohio St.3d 255, 
2016-Ohio-4877.

2 12-19-16

2016-0257. Trumbull Cty. Bar Assn. v. Roland, 
147 Ohio St.3d 274, 2016Ohio-5579.

2016-0259. Disciplinary Counsel v. Simmonds, 
147 Ohio St.3d 280, 2016Ohio-5599.

16-AP-037. In re Disqualification of Rastatter, 147 
Ohio St.3d 1217, 2016Ohio-7088.

16-AP-049. In re Disqualification of Gaul, 147 
Ohio St.3d 1219, 2016-Ohio7034.

MERIT DECISIONS WITH OPINIONS

2016-0261. Disciplinary Counsel v. Joltin, Slip 
Opinion No. 2016-Ohio-8168.

On Certified Report by the Board of Professional 
Conduct, No. 2015-022. Benjamin Joltin, Attorney 
Registration No. 0072993, is hereby suspended 
from the practice of law in Ohio for two years with 
the second year stayed on conditions.

Pfeifer, O’Donnell, Kennedy, French, and O’Neill, 
JJ., concur.

Lanzinger, J., dissents, with an opinion joined by 
O’Connor, C.J.

2016-0263. Cincinnati Bar Assn. v. Wiest, Slip 
Opinion No. 2016-Ohio-8166.

On Certified Report by the Board of Professional 
Conduct, No. 2014-095. Christopher D. Wiest, 
Attorney Registration No. 0077931, is hereby 
suspended from the practice of law in Ohio for two 
years with the second year stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0853. Columbiana Cty. Bar Assn. v. 
Barborak, Slip Opinion No. 2016Ohio-8167.

On Certified Report by the Board of Professional 
Conduct, No. 2015-030. Virginia Mary Barborak, 
Attorney Registration No. 0068601, is hereby 
permanently disbarred from the practice of law in 
Ohio.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

3 12-19-16

MOTION AND PROCEDURAL RULINGS

2014-0313. State v. Beasley.

Summit C.P. No. CR2012010169(A). This cause 
is pending before the court as a death-penalty 
appeal from the Court of Common Pleas of 
Summit County.

Upon consideration of appellant’s motion for leave 
to review the presentencing-investigation reports, 
it is ordered by the court that the motion is 
granted. Appellant’s counsel may come to the 
clerk’s office to review all presentencing-
investigation reports, but counsel shall not make 
copies of the reports.

2016-1777. State v. K.W.

Warren App. No. CA2016-01-004, 2016-Ohio-
7365. This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion to file a 
copy of the entry of appointment of counsel under 
seal, it is ordered by the court that the motion is 
granted.

4 12-19-16






Board of Professional Conduct Files Disciplinary 
Case Reports and Recommendations
Staff Report | December 16, 2016

The Ohio Board of Professional Conduct today 
announced it has filed the following reports and 
recommendations for disciplinary cases involving 
attorneys and judges charged with professional 
misconduct with the Ohio Supreme Court.

Except in consent-to-discipline cases, the parties 
will have an opportunity to file objections to the 
board’s report and recommendation with the 
Supreme Court. If objections are filed, the case 
will be scheduled for oral argument. Oral 
argument is not scheduled in reinstatement 
cases, except upon order of the Court. In cases in 
which the board recommends acceptance of a 
consent-to-discipline agreement, no objections 
are permitted, and the case is submitted to the 
Court for consideration.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Cases on Report of the Board

Franklin County
Disciplinary Counsel v. Mohammed Noure Alo
Case No. 2015-2053
Recommended sanction: Permanent disbarment

Disciplinary Counsel v. Shawn Andrea Little
Case No. 2016-1838
Recommended sanction: Permanent disbarment

Columbus Bar Association v. Kristina Marie 
Lindner
Case No. 2016-1820
Recommended sanction: Indefinite suspension

Lorain County
Lorain County Bar Association v. Kenneth Allen 
Nelson II
Case No. 2016-1830
Recommended sanction: Two-year suspension, 
18 months stayed

Lorain and Trumbull Counties
Lorain County Bar Association and Trumbull 
County Bar Association v. Robert Lawrence 
Johnson
Case No. 2014-0136 and 2014-1403
Recommended sanction: Indefinite suspension

Lucas County
Toledo Bar Association v. Beauregard Maximillion 
Harvey
Case No. 2015-0742
Recommended sanction: Indefinite suspension

Portage
Disciplinary Counsel v. Andrew Osyp Martyniuk
Case No. 2016-1821
Recommended sanction: Indefinite suspension

Wood County
Disciplinary Counsel v. Andrew Robert Schuman
Case No. 2016-1834
Recommended sanction: One-year suspension, 
six months stayed

Consent-to-Discipline Case

Tuscarawas County
Disciplinary Counsel v. J. Greg Miller
Case No. 2016-1829
Recommended sanction: One-year suspension, 
stayed






CASE ANNOUNCEMENTS
December 16, 2016

[Cite as 12/14/2016 Case Announcements #2, 
2016-Ohio-8139.]

MOTION AND PROCEDURAL RULINGS

2016-1651. May v. Delaware Cty. Dept. of Job & 
Family Servs.

In Mandamus and Procedendo. This cause 
originated in this court on the filing of a complaint 
for writs of mandamus and procedendo.

Upon consideration of relators’ emergency motion 
to expedite response, it is ordered by the court 
that the motion is denied as moot.

It is further ordered that respondent’s motion to 
dismiss is granted. Accordingly, this cause is 
dismissed.
2016-1731. State ex rel. BC South, L.L.C. v. 
Knece.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relator’s motion for an 
immediate stay, it is ordered by the court that the 
motion is granted.
2016-1736. State ex rel. Matheny v. Knece.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relators’ motion for an 
immediate stay, it is ordered by the court that the 
motion is granted.








CASE ANNOUNCEMENTS
December 14, 2016
[Cite as 12/14/2016 Case Announcements, 2016-
Ohio-8121.]

MERIT DECISIONS WITH OPINIONS
2014-1953. Simpkins v. Grace Brethren Church, 
Slip Opinion No. 2016-Ohio8118.

Delaware App. No. 13 CAE 10 0073, 2014-Ohio-
3465. Judgment affirmed.

Kennedy and French, JJ., concur.

Lanzinger, J., concurs in judgment only, with an 
opinion.

O’Connor, C.J., and O’Donnell, J., would dismiss 
the case as having been improvidently allowed.

O’Neill, J., dissents, with an opinion joined by 
Pfeifer, J.

Pfeifer, J., dissents, with an opinion.
2015-1525. State ex rel. Winfree v. McDonald, 
Slip Opinion No. 2016-Ohio8098.

Lucas App. No. L-14-1222. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.
2015-1536. Lee v. Weir, Slip Opinion No. 2016-
Ohio-8104.

Hamilton App. No. C-150417. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1831. State ex rel. Schroeder v. Cleveland, 
Slip Opinion No. 2016-Ohio8105.

In Mandamus. Cause dismissed.

O’Connor, C.J., Pfeifer, Lanzinger, and O’Neill, 
JJ., concur.
O’Donnell, J., dissents, with an opinion joined by 
Kennedy and French, JJ.
2015-1879. State ex rel. Carroll v. Gallion 
Assisted Living Ltd., Slip Opinion No. 2016-Ohio-
8117.

Franklin App. No. 14AP-944, 2015-Ohio-4874. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
O’Donnell, Lanzinger, Kennedy, French, and 
O’Neill, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS
2016-1380. State ex. rel. Barton v. Supreme Court 
of Ohio.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.
2016-1413. State ex rel. Thomas v. Basinski.

In Prohibition. On motion for judgment on 
pleadings. Motion granted. O’Connor, C.J., and 
Pfeifer, Lanzinger, Kennedy, and French, JJ., 
concur. O’Donnell and O’Neill, JJ., dissent and 
would grant an alternative writ.
2016-1422. State ex rel. Marcelis v. Sloan.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.
2016-1438. Rasheed v. Orlando.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.
2016-1467. Nixon v. Portage Cty. Court of 
Common Pleas.

In Mandamus. On complaint in mandamus of 
David A. Nixon. On S.Ct.Prac.R.

12.04 determination, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1504. State v. Blair.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. On motion for entry of 
judgment. Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS
1994-2622. State v. Otte.

Cuyahoga App. No. 64617. On motion to stay 
execution date. Motion denied. O’Neill, J., 
dissents.
2015-0612. State ex rel. Miller v. Bova.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

It is ordered by the court, sua sponte, that within 
ten days of the date of this order respondents 
shall submit under seal each offense and incident 
report in the possession of the sheriff’s office that 
is responsive to relator Mark Miller’s request so 
that the court may review the records in camera to 
determine which reports may be released and 
which reports satisfy the definition of a “security 
record” in R.C.

149.433.
2015-1568. State v. Raphael.

Warren App. Nos. CA2014-11-138 and CA2014-
11-139, 2015-3179. On pro se application for 
reopening under S.Ct. Prac. R. 11.06 and pro se 
motion for relief pursuant to Ohio S.Ct.R. 4.01. 
Motions denied.

O’Neill, J., dissents, and would grant appellant’s 
motion for relief.
2016-0732. West v. Second Dist. Court of 
Appeals.

In Mandamus and Prohibition. On demand for 
conclusion of law and facts, with full disclosure. 
Demand denied.
2016-1088. State ex rel. Harrison v. Cuyahoga 
Cty. Prosecutor.

In Mandamus. On motion to consolidate with case 
number 2016-1429. Motion denied.

Kennedy, J., dissents.
2016-1491. State v. Meyer.

Franklin App. No. 15AP-589, 20156-Ohio-5638. 
On motion to stay execution of sentence. Motion 
denied.

Pfeifer and O’Donnell, JJ., dissent.
2016-1503. State v. Rice.

Lucas App. No. L-06-1343. On motion for leave to 
file delayed appeal. Motion denied.
2016-1518. State v. Hall.

Cuyahoga App. No. 103747, 2016-Ohio-4569. On 
motion for leave to file delayed appeal. Motion 
denied.
2016-1528. State v. Curry.

Muskingum App. No. CT2015-0005, 2016-Ohio-
401. On motion for leave to file delayed appeal. 
Motion denied.
2016-1535. State v. Reed.

Summit App. No. 27755, 2016-Ohio-5123. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.
2016-1540. In re C.B.

Highland App. No. 16CA20. On motion for stay. 
Motion denied. O’Donnell, J., dissents.
2016-1544. State v. Johnson.

Richland App. No. 15-CA-114, 2016-Ohio-5611. 
On motion for leave to file delayed appeal. Motion 
denied.

Pfeifer and O’Neill, JJ., dissent.
2016-1548. State v. Speelman.

Ashland App. No. 15-COA-045, 2016-Ohio-3409. 
On motion for leave to file delayed appeal. Motion 
granted.

O’Connor, C.J., and Pfeifer and O’Donnell, JJ., 
dissent.
2016-1579. State v. Thomas.

Cuyahoga App. No. 103759, 2016-Ohio-4961. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-1588. State v. Tracey.

Muskingum App. No. CT2015-0040, 2016-Ohio-
5255. On motion for leave to file delayed appeal. 
Motion granted.

O’Connor, C.J., and Lanzinger and French, JJ., 
dissent.
2016-1589. State v. Johnson.

Cuyahoga App. No. 102047, 2016-Ohio-2622. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Connor, C.J., and Pfeifer and Kennedy, JJ., 
dissent.
2016-1648. Fisher v. Doe.

Hamilton App. No. C-160226, 2016-Ohio-7383. 
On emergency motion to stay appellate court 
judgment and opinion. Motion denied.

APPEALS NOT ACCEPTED FOR REVIEW
2016-1429. State v. Harrison.

Cuyahoga App. No. 93132, 2016-Ohio-5398. 
Motion to consolidate with case number 2016-
1088 denied as moot.
2016-1436. State v. Allen.

Cuyahoga App. No. 103148, 2016-Ohio-5400.
2016-1440. State v. Campbell.

Cuyahoga App. No. 102788, 2016-Ohio-5510. 
O’Neill, J., dissents.

2016-1463. State v. Johnson.

Richland App. No. 15CA89, 2016-Ohio-3000.

2016-1466. State v. Matthews.

Cuyahoga App. No. 101276.
2016-1470. State v. Teitelbaum.

Franklin App. No. 14AP-310, 2016-Ohio-3524. 
Appellee’s motion to strike memorandum in 
support of jurisdiction and motion to dismiss 
denied as moot.

2016-1558. State v. Banks.

Lake App. No. 2015-L-128, 2016-Ohio-4925.

RECONSIDERATION OF PRIOR DECISIONS
2015-1670. State ex rel. Bunting v. Styer.

Tuscarawas App. No. 2014 AP 12 0054, 2015-
Ohio-3662. Reported at __ Ohio St.3d __, 2016-
Ohio-5781, __ N.E.3d __. On motion for 
reconsideration. Motion denied.
2016-0395. In re C.C.S.

Franklin App. No. 15AP-884, 2016-Ohio-388. 
Reported at __ Ohio St.3d __, 2016-Ohio-7472, 
__ N.E.3d __. On motion for reconsideration. 
Motion denied. On motion for stay of adoption 
proceeding pending ruling on reconsideration. 
Motion denied.

Pfeifer, Kennedy, and French, JJ., dissent.
2016-0809. Pontius v. Riverside Radiology & 
Interventional Assocs., Inc.

Franklin App. No. 15AP-906, 2016-Ohio-1515. 
Reported at 146 Ohio St.3d 1503, 2016-Ohio-
5792, 58 N.E.3d 1174. On motion for 
reconsideration. Motion denied. On appellee’s 
motion to strike notice of supplemental authority. 
Motion granted.

O’Connor, C.J., and O’Neill, J., dissent and would 
deny the motion to strike.

O’Donnell and Kennedy, JJ., dissent and would 
grant the motion for reconsideration.

French, J., dissents and would grant the motion 
for reconsideration and deny the motion to strike.
2016-0884. Brooklyn v. Woods.

Cuyahoga App. No. 103120, 2016-Ohio-1223. 
Reported at 146 Ohio St.3d 1514, 2016-Ohio-
7199, 60 N.E.3d 6. On motion for reconsideration. 
Motion denied.
2016-0922. Sparks v. Sparks.

Warren App. No. CA2015-10-095, 2016-Ohio-
2896. Reported at 146 Ohio St.3d 1515, 2016-
Ohio-7199, 60 N.E.3d 7. On motion for 
reconsideration. Motion denied. On motion to 
strike memorandum in response. Motion denied 
as moot.
2016-0939. Lee v. Ellison.

Hamilton App. No. C-150580. Reported at 146 
Ohio St.3d 1515, 2016-Ohio-7199, 60 N.E.3d 7. 
On motion for reconsideration. Motion denied.








CASE ANNOUNCEMENTS
December 12, 2016
[Cite as 12/12/16 Case Announcements, 2016-
Ohio-8089.]

MOTION AND PROCEDURAL RULINGS

In re Parker.

On March 4, 2010, Deborah A. Parker was found 
to be a vexatious litigator under S.Ct.Prac.R. 
4.03(B) and was prohibited from continuing or 
instituting any affidavits of disqualification without 
first obtaining leave. On December 7, 2016, 
Parker submitted a motion for leave.

It is ordered by the court that the motion for leave 
is denied.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1712. HCP EMOH, L.L.C. v. Washington 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-700.

2016-1713. Beavercreek Towne Station, L.L.C. v. 
Greene Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1488, 2015-
1496, and 2015-1544.

2016-1752. ARCP LS Lakewood, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1853.

2016-1753. ARCP LS Lakewood, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1852.

2016-1754. ARCP LS Lakewood, OH, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1854.

2016-1759. State ex rel. Goff v. Indus. Comm.

Franklin App. No. 15AP-1016, 2016-Ohio-7270.

2016-1760. Fazio v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2016-678.

2016-1766. Three Harbor Berea 3035, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2252.

2016-1776. State ex rel. Hogan Lovells U.S., 
L.L.P. v. Ohio Dept. of Rehab. and Corr.

In Mandamus.

2016-1785. 600 Pioneer, L.L.C./CVS 3346, OH, 
L.L.C. v. Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2144.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days of the date of these entries, and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss these cases or take other action if the 
parties fail to timely file merit briefs.

2015-1773. State ex rel. Sunesis Constr. Co. v. 
Indus. Comm. of Ohio.

Franklin App. No. 13AP-449, 2015-Ohio-3973.

2015-2111. Dulay v. Testa.

Board of Tax Appeals, No. 2014-2074.

2 12-12-16

2016-0551. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-4633.

2016-1427. Realty Income Properties 24, L.L.C. v. 
Delaware Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2413 and 2015-
2414.

2016-1468. Bronx Park South III Lancaster, L.L.C. 
v. Fairfield Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-973.

2016-1560. Centerville City Schools Bd. of Edn. v. 
Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2364.

2016-1575. State ex rel. Ohio Paperboard v. 
Indus. Comm.

Franklin App. No. 15AP-871, 2016-Ohio-7005.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01. 
The respondents shall file a response to the 
complaint within 21 days of the date of this entry.

2016-0747. State ex rel. Beavercreek Twp. Fiscal 
Officer v. Graff.

In Mandamus.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01. 
The relator may file a response to respondents’ 
motion to dismiss within 10 days of the date of 
this entry.

2016-1449. State ex rel. Jochum v. Lake Cty. 
Common Pleas Court.

In Prohibition.

3 12-12-16







CASE ANNOUNCEMENTS
December 13, 2016
[Cite as 12/13/2016 Case Announcements, 2016-
Ohio-8106.]

MERIT DECISIONS WITH OPINIONS

2013-0915. State v. Cepec, Slip Opinion No. 
2016-Ohio-8076.

Medina C.P. No. 10-CR-0588. Judgment and 
sentence affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., concurs in part and dissents in part for 
the reasons set forth in his dissenting opinion in 
State v. Wogenstahl, 134 Ohio St.3d 1437, 2013-
Ohio-164, 981 N.E.2d 900.

2014-0990. State v. V.M.D., Slip Opinion No. 
2016-Ohio-8090.

Cuyahoga App. No. 100522, 2014-Ohio-1844. 
Judgment reversed and trial-court judgment 
reinstated.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1669. Lunn v. Lorain Cty. Bd. of Revision, 
Slip Opinion No. 2016-Ohio8075.

Board of Tax Appeals, No. 2013-2661. Decision 
reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., dissents, with an opinion joined by 
O’Neill, J.

2014-1771. Musto v. Lorain Cty. Bd. of Revision, 
Slip Opinion No. 2016Ohio-8058.

Board of Tax Appeals, No. 2013-4191. Decision 
affirmed. O’Connor, C.J., and O’Donnell, 
Lanzinger, and French, JJ., concur.

Kennedy, J., concurs in judgment only.

O’Neill, J., dissents, with an opinion joined by 
Pfeifer, J.

MOTION AND PROCEDURAL RULINGS

2016-0510. Adams v. Testa.

Board of Tax Appeals, No. 2015-2244. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellants’ amended 
request for oral argument, it is ordered by the 
court that the amended request is granted.

2016-0778. MacDonald v. Cleveland Bd. of Rev.

Board of Tax Appeals, No. 2009-1130. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellants’ request for oral 
argument, it is ordered by the court that the 
request is granted.

2 12-13-16







CASE ANNOUNCEMENTS 
December 9, 2016 

[Cite as 12/09/2016 Case Announcements, 2016-
Ohio-8061.]

MOTION AND PROCEDURAL RULINGS

2014-1862. State v. Myers.

Warren C.P. No. 14CR29826. This cause is 
pending before the court as an appeal from the 
Court of Common Pleas of Warren County.

Upon consideration of appellant’s application for 
interim attorney fees and/or expenses, it is 
ordered by the court that the application is 
granted. Counsel for appellant may file 
applications for attorney’s fees at the completion 
of briefing and upon completion of the case.

2015-2055. Navistar, Inc. v. Levin.

Board of Tax Appeals, No. 2010-575. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s request for 
“argument before full court/not commissioner,” it is 
ordered by the court that the request is denied.

2015-2063. Terraza 8, L.L.C. v. Franklin Cty. Bd. 
of Revision.

Board of Tax Appeals, Nos. 2015-279 and 2015-
280. This cause is pending before the court as an 
appeal from the Board of Tax Appeals.

It is ordered by the court, sua sponte, that this 
cause be scheduled for oral argument before the 
full court.

2015-2105. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-3918. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s motion for oral 
argument, it is ordered by

the court that the motion is granted.

2016-0102. NWD 300 Spring, L.L.C. v. Franklin 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-106, 2015-123 
through 2015-145, 2015-147 through 2015-164, 
2015-169 through 2015-182, 2015-184 through 
2015-190, 2015-193, and 2015-194. This cause is 
pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellants’ request for oral 
argument, it is ordered by the court that the 
request is granted.

2016-0256. Adams v. Testa.

Board of Tax Appeals, No. 2015-1090. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellants’ request for oral 
argument, it is ordered by the court that the 
request is granted.

2016-0495. Buckeye Terminals, L.L.C. v. Franklin 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-4958. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s request for oral 
argument before the full court rather than a 
master commissioner, it is ordered by the court 
that the request is granted.

2 12-09-16






CASE ANNOUNCEMENTS 
December 7, 2016 

[Cite as 12/07/2016 Case Announcements #2, 
2016-Ohio-8034.]

MOTION AND PROCEDURAL RULINGS

2016-1651. May v. Delaware Cty. Dept. of Job & 
Family Servs.

In Mandamus and Procedendo. This cause 
originated in this court on the filing of a complaint 
for a writ of mandamus and/or procedendo 
involving termination of parental rights/adoption.

It is ordered by the court, sua sponte, that 
respondent shall file a response, if any, to relators’ 
emergency motion to expedite response no later 
than 12:00 p.m. on Friday, December 9, 2016.







CASE ANNOUNCEMENTS 
December 8, 2016 

[Cite as 12/08/2016 Case Announcements, 2016-
Ohio-8033.]

MERIT DECISIONS WITH OPINIONS

2011-1921. State v. Sowell, Slip Opinion No. 
2016-Ohio-8025.

Cuyahoga C.P. No. CR-09-530885. Judgment 
affirmed.

Pfeifer, O’Donnell, Lanzinger, Kennedy, and 
French, JJ., concur.

O’Connor, C.J., dissents, with an opinion.

O’Neill, J., dissents, with an opinion joined in part 
by O’Connor, C.J.

2015-1074. State ex rel. Ohio Presbyterian 
Retirement Servs., Inc. v. Indus. Comm., Slip 
Opinion No. 2016-Ohio-8024.

Franklin App. No. 14AP-624, 2015-Ohio-2122. 
Judgment reversed and writ granted.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., dissents, with an opinion joined by 
O’Neill, J.

2016-0851. Disciplinary Counsel v. Champion, 
Slip Opinion No. 2016-Ohio8023.

On Certified Report by the Board of Professional 
Conduct, No. 2015-071. Timothy Harman 
Champion, Attorney Registration No. 0040254, is 
hereby suspended from the practice of law for one 
year, fully stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents and would remand the cause 
to the Board of Professional Conduct to consider 
increasing the severity of the sanction imposed 
upon the respondent.

2016-0852. Disciplinary Counsel v. Mickens, Slip 
Opinion No. 2016-Ohio8022. On Certified Report 
by the Board of Professional Conduct, No. 2015-
051. Charles Gary Mickens, Attorney Registration 
No. 0052024, is hereby publicly reprimanded.

Pfeifer, Lanzinger, Kennedy, French, and O’Neill, 
JJ., concur.

O’Connor, C.J., and O’Donnell, J., dissent and 
would remand the cause to the Board of 
Professional Conduct to consider increasing the 
severity of the sanction imposed upon the 
respondent.

MOTION AND PROCEDURAL RULINGS

2016-1617. State v. Anderson.

Franklin App. No. 15AP-1082, 2016-Ohio-5946. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellee’s motion to seal 
memorandum in support of jurisdiction, it is 
ordered by the court that the motion is denied.

It is further ordered by the court, sua sponte, that 
appellant shall come to the clerk’s office within ten 
days of the date of this entry and redact from the 
memorandum in support of jurisdiction all 
references to the victim in this case and replace 
them with the initials of the victim.

2 12-08-16







CASE ANNOUNCEMENTS 
December 7, 2016 

[Cite as 12/07/2016 Case Announcements, 2016-
Ohio-8021.]

MERIT DECISIONS WITH OPINIONS

2015-1127. Burnham v. Cleveland Clinic, Slip 
Opinion No. 2016-Ohio-8000.

Cuyahoga App. No. 102038, 2015-Ohio-2044. 
Judgment reversed and cause

remanded.

O’Connor, C.J., and Lanzinger and O’Neill, JJ., 
concur.

Kennedy, J., concurs in judgment only, with an 
opinion joined by O’Donnell and French, JJ.

Pfeifer, J., dissents, with an opinion.

2015-1181 and 2015-1182. In re Grand Jury 
Proceedings of John Doe, Slip Opinion No. 2016-
Ohio-8001.

Cuyahoga App. No. 102977. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, J., concurs in judgment and concurs in 
paragraph two of the syllabus.

Kennedy, J., concurs in judgment only, with an 
opinion joined by French, J.

2015-1204. State ex rel. Cleveland v. Indus. 
Comm., Slip Opinion No. 2016Ohio-8015.

Franklin App. No. 13AP-1069, 2015-Ohio-2165. 
Judgment affirmed. Oral

argument canceled.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell and Kennedy, JJ., dissent and urge oral 
argument in this case for the reasons stated in the 
dissenting opinion in State ex rel. BF Goodrich 
Co., Specialty Chems. Div. v. Indus. Comm.

2015-1230. James v. State, Slip Opinion No. 
2016-Ohio-8012.

Clark App. No. 2013-CA-28, 2015-Ohio-623. 
Judgment reversed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents, with an opinion.

2015-0724. Ratonel v. Roetzel & Andress, L.P.A., 
Slip Opinion No. 2016Ohio-8013.

Montgomery App. No. 26259, 2015-Ohio-1166. 
Judgment reversed.

O’Donnell, Pfeifer, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

Luper-Schuster, J., dissents.

Betsy Luper-Schuster, of the Tenth District Court 
of Appeals, sitting for O’Connor, C.J.

2016-0858. Disciplinary Counsel v. Tamburrino, 
Slip Opinion No. 2016-Ohio8014.

On Certified Report by the Board of Professional 
Conduct, No. 2015-078. Ronnie Michael 
Tamburrino, Attorney Registration No. 0021594, is 
hereby suspended from the practice of law for one 
year, with the final six months stayed on 
conditions.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, J., concurs in judgment only.

French, J., dissents, with an opinion joined by 
Kennedy, J.

MOTION AND PROCEDURAL RULINGS

2016-1708. Englehart v. Bluett.

Hamilton App. No. C-160189, 2016-Ohio-7237. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of T. Lawrence Hicks, it is ordered by 
the court that the motion is granted. Pursuant to 
Gov.Bar R. XII(4), counsel shall file a notice of 
permission to appear pro hac vice with the 
Supreme Court’s Office of Attorney Services 
within 30 days of the date of this entry.

MISCELLANEOUS DISMISSALS

2016-1412. State ex rel. Davie v. Calabrese.

2 12-07-16

Cuyahoga App. No. 104205, 2016-Ohio-5420. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Cuyahoga 
County. The records of this court indicate that 
appellant has not filed a merit brief, due 
December 1, 2016, in compliance with the Rules 
of Practice of the Supreme Court of Ohio and 
therefore has failed to prosecute this cause with 
the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Cuyahoga County.

3 12-07-16







NEWS RELEASE

From the Office of:

JOHN D. FERRERO

Prosecuting Attorney, Stark County, Ohio

December 6, 2016

John D. Ferrero, Stark County Prosecuting 
Attorney, announced the Grand Jury reported an 
Indictment against the following individual(s):

Cecil Leon Smith, 23, 1218 Spring Ave NE, 
Canton – Participating in a Criminal Gang, 
Carrying Concealed Weapons, Improperly 
Handling Firearms in a Motor Vehicle

Joshua James Preusser, 37, 320 Roxbury Ave, 
Massillon – Possession of Cocaine

Marlon Lamar Brooks, 27, 802 12th Street Apt #7, 
Canton – Criminal Damaging or Endangering

Manranzano Kavon Grimes, 26, 1127 Dougherty 
Pl. NW, Canton – Possession of Marijuana

Lavasia Sharisse Williams, 32, 1127 Dougherty 
Pl. NW, Canton – Possession of Marijuana

Tabitha Sue Moore, 30, 700 McKinley Ave, 
Canton – Forgery, 4 Counts, Receiving Stolen 
Property, 4 Counts

William Cody Suttle, 18, 917 Gilmore Ave NW, 
Canton – Receiving Stolen Property,

3 Counts

Rebecca Lynn Vore, 32, 2316 Gridley Ave NE, 
Canton – Assault, Petty Theft

Ishauna Lateais Williams, 20, 1305 18th Street 
NW, Canton – Forgery, Theft

Andre Joe Weber, 37, 2100 Lakeside Ave East, 
Cleveland – Forgery

Sean Joseph Goe, 19, 3323 Norman Ave NW, 
Canton – Receiving Stolen Property

Rebecca Sue Audi, 51, 4446 Star St. NW, Canton 
– Receiving Stolen Property

In its report, the Grand Jury reported that they had 
voted No-Bill on the following individual(s):

Isaac Jameson Fransico, 27, 419 East 112th 
Street, Cleveland – Felonious Assault, Having 
Weapons While Under Disability

Tylor Charles Gbor, 20, 1605 Fourth Street NW, 
Apt #7, Canton – Trespass into Habitation

Justin Anthony Bamba, 32, 1507 17th Street NW, 
Canton – Domestic Violence

Frank Jermel Meely, 25, 1946 Otto Place NE, 
Canton – Felonious Assault, Vandalism







CASE ANNOUNCEMENTS
December 5, 2016
[Cite as 12/05/2016 Case Announcements, 2016-
Ohio-7985.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF MONTH 
DECEMBER 5, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the December 5, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format. 2011-0857. State 
v. Obermiller, 147 Ohio St.3d 175, 2016-Ohio-
1594. 2013-1987. Dayton Bar Assn. v. Swift, 147 
Ohio St.3d 1210, 2016-Ohio-2995. 2014-1267. 
State ex rel. Maddox v. Lincoln Hts., 147 Ohio 
St.3d 213, 2016

Ohio-5001.
2014-1315. In re M.R., 147 Ohio St.3d 216, 2016-
Ohio-5451.
2014-2157. Disciplinary Counsel v. Terry, 147 
Ohio St.3d 169, 2016-Ohio-563.
2016-0994. Disciplinary Counsel v. DeMasi, 147 
Ohio St.3d 1211, 2016-Ohio

5220. 2016-1340. Disciplinary Counsel v. 
Cummings, 147 Ohio St.3d 1214, 2016Ohio-7294.

MOTION AND PROCEDURAL RULINGS

In re Parker.

On March 4, 2010, Deborah A. Parker was found 
to be a vexatious litigator under S.Ct.Prac.R. 
4.03(B) and was prohibited from continuing or 
instituting any affidavits of disqualification without 
first obtaining leave. On November 29, 2016, 
Parker submitted a motion for leave to file an 
affidavit of disqualification.

It is ordered by the court that the motion for leave 
is denied.

2016-1568. Eckert v. Summit Cty. Pub. Health.

Summit App. No. 27844, 2016-Ohio-7076. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion for stay, 
it is ordered by the court that the motion is denied.

MEDIATION MATTERS

2016-1608. Cole SN Canton Ohio, L.L.C. v. Stark 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2046. The court 
refers this case to mediation under S.Ct.Prac.R. 
19.01 and stays all filing deadlines for this case 
until further order of this court. The court will not 
issue any decision on the merits of this case until 
mediation has concluded.

2 12-05-16







CASE ANNOUNCEMENTS
December 6, 2016
[Cite as 12/06/2016 Case Announcements, 2016-
Ohio-7999.]

MERIT DECISIONS WITH OPINIONS

2015-1243. State ex rel. BF Goodrich Co., 
Specialty Chems. Div. v. Indus. Comm., Slip 
Opinion No. 2016-Ohio-7988.

Franklin App. No. 13AP-1056, 2015-Ohio-2239. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell, J., dissents, with an opinion joined by 
Kennedy, J.

2015-0390. State ex rel. Cincinnati Enquirer v. 
Ohio Dept. of Pub. Safety, Slip Opinion No. 2016-
Ohio-7987.

In Mandamus. Request for attorney fees, statutory 
damages, and costs denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., concurs in part and dissents in part, 
with an opinion.

MEDIATION MATTERS

2016-1568. Eckert v. Summit Cty. Pub. Health.

Summit App. No. 27844, 2016-Ohio-7076. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for referral to 
mediation or, in the alternative, extension of time 
to facilitate mediation, it is ordered by the court 
that the motion is granted. The court refers this 
case to mediation under S.Ct.Prac.R. 19.01, and 
stays all filing deadlines for this case until further 
order of this court. The court will not issue any 
decision on the merits of this case until mediation 
has concluded.






CASE ANNOUNCEMENTS 
December 1, 2016 

[Cite as 12/01/2016 Case Announcements #2, 
2016-Ohio-7975.]

MOTION AND PROCEDURAL RULINGS

2016-1738. Panezich v. Green.

Mahoning App. No. 16 MA 0163. This cause is 
pending before the court as an appeal from the 
Court of Appeals for Mahoning County.

It is ordered by the court, sua sponte, that 
appellee shall file a response, if any, to appellant’s 
emergency motion to shorten response time and 
for expedited processing no later than Tuesday, 
December 6, 2016.






CASE ANNOUNCEMENTS 
December 2, 2016 

[Cite as 12/02/2016 Case Announcements, 2016-
Ohio-7973.]

MOTION AND PROCEDURAL RULINGS

2016-1672. In re A.B.

Hamilton App. No. C-150743. This cause is 
pending before the court as an appeal involving 
the termination of parental rights or adoption. 
Upon review of appellees’ motion to correct case 
type per S.Ct.Prac.R. 7.01, it is ordered that the 
motion is granted. This appeal shall proceed as a 
standard jurisdictional appeal, and appellees’ 
memorandum in response is due no later than 
December 14, 2016.

DISCIPLINARY CASES

2016-0370. Disciplinary Counsel v. Leneghan.

On certification of default. Patrick Peter 
Leneghan, Attorney Registration No. 0041931, is 
hereby indefinitely suspended from the practice of 
law.

2016-1654. In re Resignation of Richman.

On application for resignation of Brian H. 
Richman, Attorney Registration No. 0013467, and 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2016-1659. In re Resignation of Feighan.

On application for resignation of Joseph English 
Feighan III, Attorney Registration No. 0066256, 
and report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.







CASE ANNOUNCEMENTS 
December 1, 2016 

[Cite as 12/01/2016 Case Announcements, 2016-
Ohio-7957.]

DISCIPLINARY CASES

2016-1569. Disciplinary Counsel v. Garber.

On certified order of the Supreme Court of 
California, No. S234942. Ronald David Garber, 
Attorney Registration No. 0046371, is hereby 
indefinitely suspended from the practice of law in 
Ohio.

MISCELLANEOUS DISMISSALS

2016-1143. Mansfield Mem. Homes v. Wallace 
Mgt. Corp.

Cuyahoga App. No. 104220. This cause is 
pending before the court as a jurisdictional 
appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.







CASE ANNOUNCEMENTS 
November 30, 2016 

[Cite as 11/30/2016 Case Announcements, 2016-
Ohio-7941.]

MOTION AND PROCEDURAL RULINGS

2016-1205. NHI-REIT of Ohio, L.L.C. v. Union Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-1519. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.






December Disciplinary Hearings Announced
Staff Report | November 30, 2016

The Ohio Board of Professional Conduct today 
announced the December disciplinary hearings 
involving attorneys and judges charged with 
professional misconduct. All hearings take place 
before a three-member panel of the board and are 
open to the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

Dec. 8
Mahoning County Bar Association v. Charles 
Walter Theisler (Petition for Reinstatement)
Case No. 2005-012
Respondent’s address: 2111 Woodland Trace, 
Austintown
Respondent’s counsel: George D. Jonson and 
Lisa M. Zaring, Cincinnati
Hearing Time/Location: 1 p.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., West 
Hearing Room 104, Columbus

Lorain County Bar Association v. Anisa Asha 
Williamson
Case No. 2016-031
Respondent’s address: 10339 Giverny Boulevard, 
Cincinnati
Respondent’s counsel: None
Hearing Time/Location: 1:30 p.m.; Moyer Judicial 
Center, Court of Claims, Courtroom 4A

Dec. 20
Disciplinary Counsel v. Patricia Ann Pickrel
Case No. 2016-024
Respondent’s address: 1081 Kenworthy Place, 
Centerville
Respondent’s counsel: Martin A. Beyer, Dayton
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106






CASE ANNOUNCEMENTS
November 22, 2016
[Cite as 11/22/2016 Case Announcements, 2016-
Ohio-7852.]

MERIT DECISIONS WITH OPINIONS

2016-0260. Cincinnati Bar Assn. v. Hauck, Slip 
Opinion No. 2016-Ohio-7826.

On Certified Report by the Board of Professional 
Conduct, No. 2014-098. John Wesche Hauck, 
Attorney Registration No. 0023153, is hereby 
suspended from the practice of law for two years, 
with the second year stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., concurs in judgment only.

2016-0304. State ex rel. Rohrer v. Holzapfel, Slip 
Opinion No. 2016-Ohio7827.

Ross App. No. 15CA3508. Judgment affirmed and 
motion denied.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., concurs in judgment only.

2016-0309. Robinson v. Miller, Slip Opinion No. 
2016-Ohio-7828.

Belmont App. No. 15 BE 62. Judgment affirmed.

O’Donnell, Lanzinger, Kennedy, and French, JJ., 
concur.

O’Connor, C.J., dissents.

O’Neill, J., dissents, with an opinion joined by 
Pfeifer, J.

2016-0854. Geauga Cty. Bar Assn. v. Snavely, 
Slip Opinion No. 2016-Ohio7829.

On Certified Report by the Board of Professional 
Conduct, No. 2015-034. Carly

L. Snavely, Attorney Registration No. 0081569, is 
hereby suspended from the

practice of law for two years, with the final 18 
months stayed on conditions. O’Connor, C.J., and 
Pfeifer, Lanzinger, French, and O’Neill, JJ., 
concur. O’Donnell, J., dissents, with an opinion 
joined by Kennedy, J.

2016-0857. Disciplinary Counsel v. Ames, Slip 
Opinion No. 2016-Ohio-7830.

On Certified Report by the Board of Professional 
Conduct, No. 2015-079. Arthur Anould Ames, 
Attorney Registration No. 0018227, is hereby 
suspended from the practice of law for two years, 
with the final six months stayed.

Pfeifer, Lanzinger, French, and O’Neill, JJ., 
concur.

O’Connor, C.J., and O’Donnell and Kennedy, JJ., 
dissent and would remand the cause to the Board 
of Professional Conduct, to reconsider the 
decision to grant respondent credit for time served 
under interim felony suspension.

2 11-22-16






CASE ANNOUNCEMENTS
November 21, 2016
[Cite as 11/21/2016 Case Announcements, 2016-
Ohio-7813.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF NOVEMBER 21, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the November 21, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2014-0718. State v. Arnold, 147 Ohio St.3d 138, 
2016-Ohio-1595.

2014-0957. Cannata v. Cuyahoga Cty. Bd. of 
Revision, 147 Ohio St.3d 129, 2016-Ohio-1094. 
2014-1092. Clayton v. Ohio Bd. of Nursing, 147 
Ohio St.3d 114, 2016-Ohio

643.

2014-1505. In re Application of Dayton Power & 
Light Co., 147 Ohio St.3d 166, 2016-Ohio-3490. 
2015-0956. State v. Overholser, 147 Ohio St.3d 
165, 2016-Ohio-2969. 2015-1596. State v. 
McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971. 
2016-0003 and 2016-0152. State v. Washington, 
147 Ohio St.3d 168, 2016

Ohio-5152.

MERIT DECISIONS WITH OPINIONS

2014-0733. State v. Kona, Slip Opinion No. 2016-
Ohio-7796.

Cuyahoga App. No. 100191, 2014-Ohio-1242. 
Judgment reversed and cause

remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell and French, JJ., dissent and would 
dismiss the cause as improvidently allowed.

Kennedy, J., dissents and would affirm the 
judgment for the reasons stated by the court of 
appeals.

DISCIPLINARY CASES

2016-1690. In re Potts.

On certified entry of felony conviction. Timothy 
Eugene Potts, Attorney Registration No. 0068147, 
is hereby suspended from the practice of law for 
an interim period.

2 11-21-16





CASE ANNOUNCEMENTS 
November 17, 2016 

[Cite as 11/17/2016 Case Announcements, 2016-
Ohio-7771.]

MERIT DECISIONS WITH OPINIONS

2015-0386. Crutchfield Corp. v. Testa, Slip 
Opinion No. 2016-Ohio-7760.

Board of Tax Appeals, Nos. 2012-926, 2012-3068, 
and 2013-2021. Decision

affirmed. O’Connor, C.J., and Pfeifer, O’Donnell, 
French, and O’Neill, JJ., concur. Kennedy, J., 
dissents, with an opinion joined by Lanzinger, J.

2015-0483. Newegg, Inc. v. Testa, Slip Opinion 
No. 2016-Ohio-7762.

Board of Tax Appeals, No. 2012-0234. Decision 
affirmed. O’Connor, C.J., and Pfeifer, O’Donnell, 
French, and O’Neill, JJ., concur. Lanzinger and 
Kennedy, JJ., dissent and would reverse the 
decision of the

Board of Tax Appeals for the reasons stated in the 
dissenting opinion in 20150386, Crutchfield v. 
Testa.

2015-0794. Mason Cos., Inc. v. Testa, Slip 
Opinion No. 2016-Ohio-7768.

Board of Tax Appeals, Nos. 2012-1169 and 2012-
2806. Decision affirmed. O’Connor, C.J., and 
Pfeifer, O’Donnell, French, and O’Neill, JJ., 
concur. Lanzinger and Kennedy, JJ., dissent and 
would reverse the decision of the

Board of Tax Appeals for the reasons stated in the 
dissenting opinion in 20150386, Crutchfield v. 
Testa.

MOTION AND PROCEDURAL RULINGS

2016-0672. State v. Mohamed.

Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116. This cause is pending before the court 
as an appeal from the Court of Appeals for 
Cuyahoga County.

Upon consideration of appellant’s motion to avoid 
dismissal for want of prosecution, it is ordered by 
the court that the motion is granted. Appellant 
shall file its merit brief within five days of the date 
of this entry, and the case shall proceed in 
accordance with S.Ct.Prac.R. 16.02 through 
16.04.

2016-1586. Goodrich Corp. v. PolyOne Corp.

Summit App. No. 27691, 2016-Ohio-1068. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the amended motion for 
admission pro hac vice of Samuel D. Hinkle IV 
and motion for admission pro hac vice of David A. 
Super, it is ordered by the court that the motions 
are granted. Pursuant to Gov.Bar R. XII(4), 
counsel shall file a notice of permission to appear 
pro hac vice with the Supreme Court’s Office of 
Attorney Services within 30 days of the date of 
this entry.

2 11-17-16





CASE ANNOUNCEMENTS 
November 16, 2016 

[Cite as 11/16/2016 Case Announcements, 2016-
Ohio-7759.]

MERIT DECISIONS WITH OPINIONS

2015-1347. State ex rel. Manpower of Dayton, 
Inc. v. Indus. Comm., Slip Opinion No. 2016-Ohio-
7741.

Franklin App. No. 14AP-376, 2015-Ohio-2650. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1419. Smith v. Erie Ins. Co., Slip Opinion 
No. 2016-Ohio-7742.

Ottawa App. No. OT-15-005, 2015-Ohio-3078. 
Judgment affirmed and cause

remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

Kennedy, J., dissents, with an opinion joined by 
O’Donnell and French, JJ.

DISCIPLINARY CASES

2016-1576. In re Resignation of Winters.

On application for resignation of Steven Bruce 
Winters, Attorney Registration No. 0066037, and 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.





CASE ANNOUNCEMENTS 
November 15, 2016 

[Cite as 11/15/2016 Case Announcements, 2016-
Ohio-7748.]

MERIT DECISIONS WITH OPINIONS

2015-2080. State ex rel. Durrani v. Ruehlman, Slip 
Opinion No. 2016-Ohio7740.

Hamilton App. No. C-1500547. Judgment 
reversed and motion denied.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and O’Neill, JJ., concur.

French, J., concurs in judgment only.

Pfeifer, J., dissents and would affirm the judgment 
of the court of appeals.

MOTION AND PROCEDURAL RULINGS

2016-1006. State v. Madison.

Cuyahoga C.P. No. CR-13-579539-A. This cause 
is pending before the court as an appeal from the 
Court of Common Pleas of Cuyahoga County.

Upon consideration of appellant’s second motion 
for extension of time to transmit the record, it is 
ordered by the court that the motion is granted. 
The record shall be filed no later than January 9, 
2017.

2016-1394. Johnson v. Shaker Heights Mun. 
Court.

In Mandamus. It is ordered by the court, sua 
sponte, that S.Ct.Prac.R. 19.01(A)(3) 
notwithstanding, relator John Johnson may file a 
motion for joinder in this case within ten days of 
the date of this entry.





CASE ANNOUNCEMENTS 
November 10, 2016 

[Cite as 11/10/2016 Case Announcements, 2016-
Ohio-7682.]

MERIT DECISIONS WITH OPINIONS

2015-1478. State v. Williams, Slip Opinion No. 
2016-Ohio-7658.

Summit App. No. 27482, 2015-Ohio-2632. 
Judgment affirmed as modified.

O’Connor, C.J., and Pfeifer, O’Donnell, and 
O’Neill, JJ., concur.

Lanzinger, J., dissents, with an opinion joined by 
French, J.

Kennedy, J., dissents, with an opinion.

2016-0231. State ex rel. Dynamic Industries, Inc. 
v. Cincinnati, Slip Opinion No. 2016-Ohio-7663.

Hamilton App. No. C-150563. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

DISCIPLINARY CASES

2013-1262. Disciplinary Counsel v. Thompson.

On August 26, 2016, respondent, Harold Lee 
Thompson, filed an application for termination of 
probation. Upon consideration thereof, the court 
finds that respondent has substantially complied 
with Gov.Bar R. V(21)(D) and with its order, dated 
February 6, 2015, in which the court reinstated 
respondent to the practice of law and placed him 
on monitored probation for a period of 18 months.

On consideration thereof, it is ordered by this 
court that the probation of respondent, Harold Lee 
Thompson, Attorney Registration No. 0033253, 
last known business address in Columbus, Ohio, 
is terminated.

It is further ordered that the clerk of this court 
issue certified copies of this order as provided for 
in Gov.Bar R. V(17)(D)(1) and that publication be 
made as provided for in Gov.Bar R. V(17)(D)(2).

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1553. NRG Power Midwest, L.P. v. Lorain 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-874 and 2015-
890.

2016-1560. Centerville City Schools Bd. of Edn. v. 
Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2364.

2016-1575. State ex rel. Ohio Paperboard v. 
Indus. Comm.

Franklin App. No. 15AP-871, 2016-Ohio-7005.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days of the date of these entries, and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss these cases or take other action if the 
parties fail to timely file merit briefs.

2016-0267. Kettering City Schools Bd. of Edn. v. 
Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-4889.

2016-1469. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2136.

2 11-10-16





CASE ANNOUNCEMENTS 
November 9, 2016 

[Cite as 11/09/2016 Case Announcements #2, 
2016-Ohio-7681.]

MOTION AND PROCEDURAL RULINGS

1997-1474. State v. Sheppard.

Hamilton App. Nos. C-950402 and C-950744. 
This cause came on for further consideration 
upon the filing of appellant’s motion for order or 
relief. It is ordered by the court that the motion is 
denied.

O’Neill, J., dissents and would remand the case to 
the trial court for resentencing in accordance with 
Hurst v. Florida, __ U.S. __, 136 S.Ct. 616, 193 
L.Ed.2d 504 (2016).

1998-0019. State v. Fears.

Hamilton C.P. No. B9702360B. This cause came 
on for further consideration upon the filing of 
appellant’s motion for stay of execution pending 
determination of the applicability of Hurst v. 
Florida, __ U.S. __, 136 S.Ct. 616, 193 L.Ed.2d 
504 (2016), to Angelo Fears’s death sentence. It 
is ordered by the court that the motion is denied.

It is further ordered that appellant’s motion for 
leave to file a reply to the memorandum in 
opposition to stay of execution is granted.

O’Neill, J., dissents and would grant the motion 
for stay of execution.

1999-0395. State v. Myers.

Greene App. No. 96CA38. This cause came on 
for further consideration upon the filing of 
appellant’s motion for order or relief. It is ordered 
by the court that the motion is denied.

O’Neill, J., dissents.

2001-1518. State v. Gapen.

Montgomery C.P. No. 2000CR02945. This cause 
came on for further consideration upon the filing 
of appellant’s motion for order or relief. It is 
ordered by the court that the motion is denied.

It is further ordered that the motion of amicus 
curiae, Franklin County Prosecuting Attorney Ron 
O’Brien, for leave to file a memorandum in 
support of the state of Ohio’s opposition to the 
motion for order or relief is denied.

O’Donnell and Kennedy, JJ., dissent and would 
grant the motion of amicus curiae for leave to file.

O’Neill, J., dissents and would grant appellant’s 
motion for order or relief and would grant the 
motion of amicus curiae for leave to file.

RECONSIDERATION OF PRIOR DECISIONS

2010-0854. State v. Kirkland.

Hamilton C.P. No. B0901629. Reported at 145 
Ohio St.3d 1455, 2016-Ohio-2807, 49 N.E.3d 318. 
On motion for reconsideration. Motion denied.

Pfeifer, O’Donnell, and Kennedy, JJ., dissent.

2012-0902. State v. Belton.

Lucas C.P. No. CR0200802934000. Reported at 
__ Ohio St.3d __, 2016-Ohio-1581, __ N.E.3d __. 
On motion for reconsideration. Motion denied.

O’Neill, J., dissents.

2

11-09-16






CASE ANNOUNCEMENTS 
November 9, 2016 

[Cite as 11/09/2016 Case Announcements, 2016-
Ohio-7677.]

MERIT DECISIONS WITH OPINIONS

2015-1762. Robinson v. LaRose, Slip Opinion No. 
2016-Ohio-7647.

Trumbull App. No. 2015-T-0051, 2015-Ohio-4323. 
Judgment affirmed and motions denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1984. State ex rel. Cornwall v. Sutula, Slip 
Opinion No. 2016-Ohio-7652.

Cuyahoga App. No. 103322, 2015-Ohio-4704. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0459. State ex rel. Cain v. Gee, Slip Opinion 
No. 2016-Ohio-7653.

Miami App. No. 15-CA-27. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-1011. Kerns v. Simmers.

In Mandamus. It is ordered by the court that an 
alternative writ is granted and the following 
briefing schedule is set for presentation of 
evidence and filing of briefs pursuant to 
S.Ct.Prac.R. 12.05.

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relators shall file a brief within 10 days of the filing 
of the evidence; respondents shall file a brief 
within 20 days after the filing of relators’ brief; and 
relators may file a reply brief within 7 days after 
the filing of respondents’ brief.

It is further ordered that respondents’ motion for 
judgment on the pleadings is denied.

Pfeifer, O’Donnell, Kennedy, and O’Neill, JJ., 
concur.

O’Connor, C.J., and Lanzinger and French, JJ., 
dissent.

2016-1279. Staats v. Ferrero.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1309. State ex rel. Jordan v. Marshall.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., concurs in dismissal on authority of 
State ex rel. Ervin v. Barker, 136 Ohio St.3d 160, 
2013-Ohio-3171, 991 N.E.2d 1146 (“Because 
[petitioner] has an adequate remedy at law by 
way of appeal, he cannot establish the elements 
for a writ of mandamus”), and State v. Thompson, 
147 Ohio St.3d 29, 2016-Ohio-2769, 59 N.E.3d 
1264 (“denial of a motion for jail-time credit 
pursuant to R.C. 2929.19(B)(2)(g)(iii) is a final, 
appealable order”).

2016-1311. State ex rel. Diaz v. Donnely.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1360. State v. Blair.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2016-1395. State v. Dye.

Fairfield App. No. 15-CA-65, 2016-Ohio-5065. On 
review of an order certifying a conflict. The court 
determines that a conflict exists. The parties are 
ordered to brief the issue stated at page 2 of the 
court of appeals’ entry filed August 30, 2016:

"Pursuant to R.C. 2953.52, must trial courts wait 
until the applicable statute of limitations has 
expired prior to sealing the records of a case 
dismissed without prejudice?"

The conflict case is State v. C.K., First Dist. 
Cuyahoga App. No. 99886, 2013-Ohio-5135.

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
Court of Appeals for Fairfield County.

Lanzinger and French, JJ., dissent.

2016-0645. Orr v. Lazaroff.

In Habeas Corpus. On petitioner’s motion 
requesting full disclosure of proof, petitioner’s 
objection against 16-0645 unconstitutional 
judgment of dismissal, and petitioner’s motion to 
set aside unconstitutional Title 27 16-0645 
dismissal judgment. Objection and motions 
denied.

2016-1384. State v. Schwab.

Athens App. No. 12CA39, 2013-Ohio-4349. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Connor, C.J., dissents.

2016-1385. State v. Goldshtein.

Cuyahoga App. No. 104262. On motion for leave 
to file delayed appeal. Motion denied. On motion 
for stay of execution. Motion denied.

O’Donnell, J., dissents and would grant the 
motion for leave to file a delayed appeal.

2016-1392. State v. Taylor.

Cuyahoga App. No. 104648. On motion for leave 
to file delayed appeal. Motion denied.

2016-1399. State v. Johnson.

Hamilton App. Nos. C-150595 and C-150596, 
2016-Ohio-4934. On motion for leave to file 
delayed appeal. Motion granted.

Pfeifer and O’Donnell, JJ., dissent.

2016-1439. State v. White.

Lucas App. No. L-16-1138. On motion for stay of 
judgment. Motion denied.

Pfeifer, J., dissents.

APPEALS ACCEPTED FOR REVIEW

2016-1014. Brecksville-Broadview Hts. Bd. of 
Edn. v. Cuyahoga Cty. Bd. of Revision.

Cuyahoga App. No. 103015, 2016-Ohio-3166. 
O’Connor, C.J., and Lanzinger and French, JJ., 
dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0810. Sivit v. Village Green of Beachwood, 
L.P.

Cuyahoga App. Nos. 103340 and 103498, 2016-
Ohio-2940. Appeal and cross-

appeal not accepted. Pfeifer, J., dissents and 
would accept the appeal and the cross-appeal. 
Lanzinger, J., dissents and would accept the 
appeal on Proposition of Law

No. II. O’Neill, J., dissents and would accept the 
appeal.

2016-0896. In re Guardianship of Sweeney.

Cuyahoga App. No. 103285, 2016-Ohio-3260. 
O’Donnell, J., dissents.

2016-0945. Wiltz v. Ohio Civ. Rights Comm.

Knox App. No. 15CA21, 2016-Ohio-3046.

2016-0984. State v. Randle.

Cuyahoga App. No. 103264, 2016-Ohio-3059. 
Pfeifer and O’Neill, JJ., dissent.

2016-0988. State v. Montanez-Roldon.

Cuyahoga App. No. 103509, 2016-Ohio-3062.

2016-0993. State v. Scott.

Licking App. Nos. 15 CA 82 and 15 CA 81, 2016-
Ohio-3488.

2016-0998. Sky Bank v. Colley.

Franklin App. Nos. 15AP-736 and 15AP-737, 
2016-Ohio-3139.

2016-0999. State v. Nitsche.

Cuyahoga App. No. 103174, 2016-Ohio-3170.

2016-1000. Parham v. McManamon.

Cuyahoga App. No. 103679, 2016-Ohio-3264.

2016-1002. Burkhart Family Trust v. Antero 
Resources Corp.

Monroe App. Nos. 14 MO 0019 and 14 MO 0020, 
2016-Ohio-4817. Pfeifer, Kennedy, and O’Neill, 
JJ., dissent.

2016-1004. State v. Shine.

Trumbull App. No. 2015-T-0006, 2016-Ohio-3123.

2016-1009. Nieman v. Moving Ins., L.L.C.

Hamilton App. No. C-150666. Pfeifer, O’Donnell 
and O’Neill, JJ., dissent.

2016-1016. State v. Marshall.

Hamilton App. No. C-150383, 2016-Ohio-3184.

2016-1021. Cracraft v. Dayton Power & Light Co.

Montgomery App. No. 26808, 2016-Ohio-3272.

2016-1025. Branche v. Motorists Mut. Ins. Co.

Lake App. No. 2016-L-004, 2016-Ohio-3238. 
Kennedy, J., dissents.

2016-1031. State v. Panning.

Van Wert App. No. 15-15-11, 2016-Ohio-3284.

2016-1034. Hetzer-Young v. Elano Corp.

Greene App. No. 2015-CA-38, 2016-Ohio-3356. 
Pfeifer and O’Neill, JJ., dissent.

2016-1041. Brunner v. RJ Lipps, Inc.

Hamilton App. No. C-150601, 2016-Ohio-3231.

2016-1048. State v. Carnahan.

Defiance App. No. 4-15-18, 2016-Ohio-3213.

2016-1057. Jabr v. Ohio Dept. of Job & Family 
Servs.

Franklin App. No. 15AP-1141, 2016-Ohio-4775. 
Motion for judgment entry
denied as moot.

2016-1058. Jabr v. Ohio Dept. of Taxation. 
Franklin App. No. 16AP-26, 2016-Ohio-4776. 
Motion for judgment entry denied
as moot.

2016-1060. Vickers v. Canal Pointe Nursing Home 
& Rehab. Ctr.

Summit App. No. 27757, 2016-Ohio-3244. 
O’Donnell, J., dissents.

2016-1061. State v. Hunter.

Erie App. No. E-15-049.

2016-1070. Bond v. Pandolfi de Rinaldis.

Franklin App. No. 15AP-646, 2016-Ohio-3342.

2016-1109. State v. Williams.

Cuyahoga App. Nos. 103343 and 103350, 2016-
Ohio-3454.

2016-1121. State v. Hammock.

Richland App. No. 16CA37.

2016-1133. State v. Rickard.

Lucas App. No. L-16-1043, 2016-Ohio-4755.

2016-1135. State v. Williams.

Franklin App. No. 15AP-48, 2016-Ohio-4550.

2016-1221. Draughon v. Jenkins.

Ross App. No. 16CA3528, 2016-Ohio-5364. 
Pfeifer, J., dissents.

2016-1265. State v. Huge.

Hamilton App. No. C-120388, 2013-Ohio-2160. 
On motion to reclassify as appeal of right 
pursuant to S.Ct.Prac.R. 5.01(A)(2). Motion 
denied.

French, J., dissents, and would grant the motion 
to reclassify and accept the cause.

2016-1379. State v. Connin.

Lucas App. No. L-11-1312, 2012-Ohio-4989. On 
motion to exceed page limitation. Motion denied 
as moot.

RECONSIDERATION OF PRIOR DECISIONS

2012-1212. State v. Montgomery.

Franklin C.P. No. 10CR-12-7125. Reported at __ 
Ohio St.3d __, 2016-Ohio-5585, __ N.E.3d __. On 
motion for reconsideration. Motion granted in part, 
to the extent that Paragraph 191 of the opinion is 
modified to read as follows: “Moreover, we have 
previously upheld the imposition of death where 
the defendant was convicted of both the course-
of-conduct specification under R.C. 2929.04(A)(5) 
and the escaping-detection specification under 
R.C. 2929.04(A)(3). Bethel at ¶212, citing State v. 
White, 85 Ohio St.3d 433, 457, 709 N.E.2d 140 
(1999).” Motion denied in all other respects.

O’Donnell and Kennedy, JJ., dissent and would 
deny the motion in its entirety.

O’Neill, J., dissents and would grant the motion.

2012-1644. State v. Jackson.

Trumbull App. No. 01-CR-794. Reported at __ 
Ohio St.3d __, 2016-Ohio-5488,

__ N.E.3d __. On motion for reconsideration. 
Motion denied.

Lanzinger, J., dissents.

William A. Klatt, J., of the Tenth District Court of 
Appeals, sitting for O’Neill, J.

2014-1909. Farnsworth v. Burkhart.

Monroe App. No. 13 MO 14, 2014-Ohio-4184. 
Reported at __ Ohio St.3d __, 2016-Ohio-5816, 
__ N.E.3d __. On motion for reconsideration. 
Motion denied.

Pfeifer, J., dissents.

2015-1548. State ex rel. Ullmann v. Husted.

Franklin App. No. 14AP-863, 2015-Ohio-3120. 
Reported at __ Ohio St.3d __, 2016-Ohio-5584, 
__ N.E.3d __. On motion for reconsideration. 
Motion denied.

O’Neill, J., dissents.

2016-0762. Walker v. Brewster.

Stark App. No. 2015CA00142, 2016-Ohio-1463. 
Reported at 146 Ohio St.3d 1492, 2016-Ohio-
5585, 57 N.E.3d 1171. On motion for 
reconsideration. Motion denied.

2016-0782. State v. Jackson.

Cuyahoga App. No. 103035, 2016-Ohio-704. 
Reported at 146 Ohio St.3d 1492, 2016-Ohio-
5585, 57 N.E.3d 1171. On motion for 
reconsideration. Motion granted. The 
discretionary appeal is accepted. The clerk shall 
issue an order for the transmittal of the record 
from the Court of Appeals for Cuyahoga County, 
and the parties shall brief this case in accordance 
with the Rules of Practice of the Supreme Court of 
Ohio.

Pfeifer, O’Donnell, and Kennedy, JJ., dissent.

2016-0817. State v. Gall.

Montgomery App. Nos. 26240 and 26245, 2016-
Ohio-1562. Reported at 146 Ohio St.3d 1503, 
2016-Ohio-5792, 58 N.E.3d 1174. On motion for 
reconsideration. Motion denied.

2016-0920. In re Complaint Smith v. Ohio Power 
Co.

Public Utilities Commission, No. 13-2109-EL-
CSS. Reported at 146 Ohio St.3d 1495, 2016-
Ohio-5642, 57 N.E.3d 1173. On motion for 
reconsideration. Motion denied.

O’Neill, J., dissents.





CASE ANNOUNCEMENTS 
November 8, 2016 

[Cite as 11/08/2016 Case Announcements, 2016-
Ohio-7657.]

MERIT DECISIONS WITH OPINIONS

2014-1389. Cleveland Metro. Bar Assn. v. Zoller 
and Mamone, Slip Opinion No. 2016-Ohio-7639.

On Certified Report by the Board of Professional 
Conduct, No. 2013-060. Nancy Anne Zoller, 
Attorney Registration No. 0037933, and Edward 
James Mamone, Attorney Registration No. 
0039310 are hereby suspended from the practice 
of law in Ohio for one year.

O’Connor, C.J., and Pfeifer, O’Donnell, and 
O’Neill, JJ., concur.

Lanzinger, J., dissents and would suspend 
respondents for two years.

Kennedy and French, JJ., dissent and would 
suspend respondent Zoller for one year and 
suspend respondent Mamone for six months, with 
both suspensions fully stayed.

2015-0839. State ex rel. Cuyahoga Lakefront 
Land, L.L.C. v. Cleveland, Slip Opinion No. 2016-
Ohio-7640.

Cuyahoga App. No. 101438, 2015-Ohio-1637. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

Pfeifer, J., dissents and would affirm the judgment 
of the Eighth District Court of Appeals.





CASE ANNOUNCEMENTS 
November 7, 2016 

[Cite as 11/07/2016 Case Announcements, 2016-
Ohio-7630.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF NOVEMBER 7, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the November 7, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2012-2098 and 2013-0228. In re Comm. Rev. of 
Capacity Charges of Ohio Power Co., 147 Ohio 
St.3d 59, 2016-Ohio-1607.

2014-0791. Deutsche Bank Natl. Trust Co. v. 
Holden, 147 Ohio St.3d 85, 2016-Ohio-4603.

2014-1236 and 2015-0186. Midland Funding, 
L.L.C. v. Hottenroth, 147 Ohio St.3d 112, 2016-
Ohio-5489.

2014-1796. White v. King, 147 Ohio St.3d 74, 
2016-Ohio-2770.

2014-2079. Baker v. Wayne Cty., 147 Ohio St.3d 
51, 2016-Ohio-1566.

2015-0340. 250 Shoup Mill, L.L.C. v. Testa, 147 
Ohio St.3d 98, 2016-Ohio5012.

2015-1247 and 2015-1335. State v. Snowden, 
147 Ohio St.3d 95, 2016-Ohio4856.

2015-1341 and 2015-1342. State v. Wright, 147 
Ohio St.3d 96, 2016-Ohio4857.

2015-1645. In re A.W., 147 Ohio St.3d 110, 2016-
Ohio-5455.

2015-1679. State v. Sprague, 147 Ohio St.3d 96, 
2016-Ohio-4875.

2015-1816. In re D.D., 147 Ohio St.3d 111, 2016-
Ohio-5456.

2015-2022. State v. Norquest, 147 Ohio St.3d 97, 
2016-Ohio-4878.

2015-2065. State v. Valentyn, 147 Ohio St.3d 97, 
2016-Ohio-4879.

MOTION AND PROCEDURAL RULINGS

In re Martin.

On May 5, 2010, this court found Robert Martin to 
be a vexatious litigator under S.Ct.Prac.R. 
4.03(B). This court further ordered that Martin was 
prohibited from continuing or instituting legal 
proceedings in this court without first obtaining 
leave. On October 31, 2016, Martin submitted a 
motion to obtain leave to file a mandamus writ.

It is ordered by the court that the motion for leave 
is denied.

2 11-07-16






CASE ANNOUNCEMENTS 
November 2, 2016 

[Cite as 11/02/2016 Case Announcements, 2016-
Ohio-7581.]

MERIT DECISIONS WITH OPINIONS

In re Cases Held for the Decision in State v. 
Thomas, Slip Opinion No. 2016Ohio-7561.

Dispositions of cases held for the decision in 
State v. Thomas, __ Ohio St.3d __,

2016-Ohio-5567, __ N.E.3d __.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell and Kennedy, JJ., dissent.

2015-0545. Lutz v. Chesapeake Appalachia, 
L.L.C., Slip Opinion No. 2016Ohio-7549.

Certified Question of State Law, United States 
District Court, Northern District of Ohio, Eastern 
Division, No. 4:09-cv-2256. Cause dismissed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., dissents, with an opinion.

O’Neill, J., dissents, with an opinion.

2015-1205. Greater Dayton Regional Transit 
Auth. v. State Emp. Relations Bd., Slip Opinion 
No. 2016-Ohio-7559.

Franklin App. No. 14AP-876, 2015-Ohio-2049. 
Cause dismissed as having been

improvidently accepted.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
and O’Neill, JJ., concur.

Kennedy and French, JJ., dissent.

2015-1893. State v. Bell, Slip Opinion No. 2016-
Ohio-7560.

Cuyahoga App. No. 102141, 2015-Ohio-4178. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell and Kennedy, JJ., concur with respect 
to the appeal, dissent with respect to the cross-
appeal, and would reinstate the sentence 
imposed by the trial court.

2 11-02-16





CASE ANNOUNCEMENTS 
November 1, 2016 

[Cite as 11/01/2016 Case Announcements, 2016-
Ohio-7558.]

MERIT DECISIONS WITH OPINIONS

2014-1651. In re Application of Duke Energy 
Ohio, Inc., for Approval of its Fourth Amended 
Corporate Separation Plan, Slip Opinion No. 
2016-Ohio7535.

Public Utilities Commission, Nos. 14-689-EL-UNC 
and 14-690-EL-ATA. Orders

reversed and cause remanded.

O’Connor, C.J., and Lanzinger, French, and 
O’Neill, JJ., concur.

O’Donnell, J., concurs in part and dissents in part, 
with an opinion.

Kennedy, J., concurs in part and dissents in part, 
with an opinion joined by Pfeifer, J.

DISCIPLINARY CASES

2016-0199. Dayton Bar Assn. v. Hooks.

On certification of default. On consideration 
thereof, it is ordered and adjudged by this court 
that pursuant to Gov.Bar R. V(14)(E)(1), 
respondent, Shawn Patrick Hooks, Attorney 
Registration No. 0079100, last known address in 
Dayton, Ohio, is indefinitely suspended from the 
practice of law.

2016-1148. Lorain Cty. Bar Assn. v. Mackin.

This cause is pending before the court upon the 
filing of a report by the Board of Professional 
Conduct. On October 12, 2016, relator, the Lorain 
County Bar Association, filed a motion to stay 
Gov.Bar R. V(17)(D) proceedings and remand this 
matter to the board.

Upon consideration thereof, it is ordered by the 
court that the motion is granted. This matter is 
remanded to the board for further proceedings. 
Proceedings before this court in this case are 
stayed until further order of this court.

2016-1506. Lorain Cty. Bar Assn. v. Mackin.

On motion for immediate interim remedial 
suspension. Upon consideration thereof and 
pursuant to Gov.Bar R. V(19)(B), it is ordered and 
decreed that an interim remedial suspension is 
entered against Patrick Charles Mackin, Attorney 
Registration No. 0038677, last known business 
address in Avon Lake, Ohio, and that the 
suspension be effective as of November 30, 2016, 
pursuant to the parties’ joint notice of stipulation, 
pending final disposition of these disciplinary 
proceedings.

O’Donnell, Kennedy, and French, JJ., dissent.

2 11-01-16





CASE ANNOUNCEMENTS 
October 31, 2016 

[Cite as 10/31/2016 Case Announcements, 2016-
Ohio-7531.]

MOTION AND PROCEDURAL RULINGS

2016-0961. Young v. Craig Transp. Co.

Wood App. Nos. WD-14-068, WD-14-073 and 
WD-14-077, 2016-Ohio-1401.

This cause came on for further consideration 
upon the filing of appellees’ motions to strike 
notice of appeal and memorandum in support of 
jurisdiction. It is ordered by the court that the 
motions are denied as moot.

DISCIPLINARY CASES

2016-0206. Disciplinary Counsel v. Rutherford.

On certification of default. On consideration 
thereof, it is ordered and adjudged by this court 
that pursuant to Gov.Bar R. V(14)(E)(1), 
respondent, Guy Darius Rutherford, Attorney 
Registration No. 0066032, last known address in 
Cleveland, Ohio, is indefinitely suspended from 
the practice of law.

2016-0214. Disciplinary Counsel v. Whitt.

On certification of default. On consideration 
thereof, it is ordered and adjudged by this court 
that pursuant to Gov.Bar R. V(14)(E)(1), 
respondent, Angela Marie Whitt, Attorney 
Registration No. 0081658, last known address in 
Grove City, Ohio, is indefinitely suspended from 
the practice of law.

2016-0800. Disciplinary Counsel v. Coriell.

This cause is pending before the court upon the 
filing of a certification of default by the Board of 
Professional Conduct.

Upon consideration of relator’s motion to remand 
to the Board of Professional Conduct to initiate 
default proceedings seeking permanent 
disbarment, it is ordered by the court that the 
motion is granted. This matter is remanded to the 
board for further proceedings under Gov.Bar R. 
V(14)(F).

The court further orders that the interim default 
judgment suspension imposed against 
respondent on June 21, 2016, shall remain in 
place while this matter is pending before the 
board. Proceedings before this court in this case 
are stayed until further order of this court.

2016-1291. Columbus Bar Assn. v. Simonette.

This matter came on for further consideration 
upon the filing by relator of a motion for sanctions.

Upon consideration thereof, it is ordered by the 
court that the motion is denied.

2016-1475. In re Resignation of Stacy.

On application for resignation of Noah Thomas 
Stacy, Attorney Registration No. 0091733, and 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

O’Donnell, J., not participating.

MISCELLANOUS ORDERS

2016-1426. Lorain Cty. Bar Assn. v. Saghafi.

This matter came on for consideration upon the 
filing by relator of a motion to order respondent to 
immediately cease and desist engaging in the 
unauthorized practice of law.

On consideration thereof, this court orders that 
respondent immediately cease and desist 
engaging in the unauthorized practice of law in 
any form effective as of the date of this entry, 
pending final disposition of proceedings before 
the Board on the Unauthorized Practice of Law.

French, J., dissents.

2

10-31-16




SLIP OPINION NO. 2016-OHIO-7454
INTERNATIONAL PAPER COMPANY, 
APPELLEE, v. TESTA, TAX COMMR.,
APPELLANT. 


[Until this opinion appears in the Ohio Official 
Reports advance sheets, it
may be cited as Internatl. Paper Co. v. Testa, Slip 
Opinion No. 
2016-Ohio-7454.] 

Taxation—Commercial-activities tax—R.C. 
5751.53(D) requires tax commissioner to 
journalize, but not mail, the final determination on 
taxpayer’s amortizable amount by June 30, 2010 
deadline—Taxpayer not required to file protective 
cross-appeal when this court had not been asked 
to rule on taxpayer’s substantive tax-law 
challenge—Decision reversed and cause 
remanded. (No. 2014-1614—Submitted July 12, 
2016—Decided October 26, 2016.) APPEAL from 
the Board of Tax Appeals, No. 2010-2230.

Per Curiam.

{¶ 1} This case presents an issue of the credit 
under the commercial-activity tax (“CAT”), which 
permits taxpayers to realize some benefit from net 
operating losses (“NOLs”) now that Ohio’s 
corporate-franchise tax has been replaced by the 
CAT. As we explained in Navistar, Inc. v. Testa, 
143 Ohio St.3d 460, 2015-Ohio3283, 39 N.E.3d 
509, the NOLs were potential deductions under 
the income measure of the former corporate-
franchise tax, and they were carried on the 
corporate books as tax-deferral assets. Id. at ¶ 10. 
When 2005 legislation phased out the corporate-
franchise tax and replaced it with the CAT, the 
NOLs lost their value in Ohio, so the CAT/NOL 
credit was created to insulate taxpayers that had 
accumulated NOLs from the balance-sheet hit of 
losing them. See id. at ¶ 1, 11.

{¶ 2} The taxpayer’s first step in claiming the 
credit is filing a report to establish the total 
amount of credit that might be taken over a ten- to 
twenty-year period. R.C. 5751.53(B) and (D). That 
report proposes the “amortizable amount,” which 
is then subject to tax-commissioner review. R.C. 
5751.53(A)(9) and (D). Here, appellant, the tax 
commissioner, in a final determination journalized 
on June 8, 2010, reduced to $927,513 the almost 
$17 million amortizable amount that appellee, 
International Paper Company, had reported. 
However, the tax commissioner’s letter to 
International Paper memorializing this 
determination, dated June 8, 2010, was not 
mailed until July 12. International Paper opposed 
the reduction by appealing to the Board of Tax 
Appeals (“BTA”), which reinstated International 
Paper’s amortizable amount after concluding that 
the tax commissioner had violated R.C. 
5751.53(D) by failing to notify International Paper 
of its assessment by the June 30, 2010 deadline. 
The tax commissioner now appeals that decision.

{¶ 3} On this appeal, we confront only procedural 
issues. One was dispositive before the BTA: 
whether the tax commissioner must not only enter 
his determination on the journal, but also mail it to 
the taxpayer, before the June 30, 2010 deadline. 
The second issue is raised by the tax 
commissioner as a threshold to the deadline 
issue: whether the statutes in the first instance 
require the tax commissioner to issue a final 
determination to effect a reduction of the 
amortizable amount. The tax commissioner 
submits that even failure to comply with the 
deadline for issuing the final determination has no 
effect so long as he has actually performed and 
completed his audit and his adjustment of the 
amortizable amount by the June 30, 2010 
deadline. The commissioner also argues that the 
deadline is merely directory rather than 
mandatory.

{¶ 4} Because it is a threshold issue, we consider 
the second issue first. We hold that R.C. 
5751.53(D) does require that a reduction in the 
amortizable amount be embodied in a timely 
issued final determination and that a failure to 
comply with that requirement means that the 
taxpayer is entitled to claim the NOL credit in 
accordance with its originally reported amortizable 
amount. As a result, the amortizable amount 
depends upon whether a final determination 
adjusted that amount by the June 30 deadline.

{¶ 5} Next, we consider whether the requirement 
that the tax commissioner’s determination be 
“issued” by the June 30 deadline means that the 
determination must be mailed as well as 
journalized by that date. We hold that R.C. 
5751.53(D) requires that the determination be 
journalized by June 30, but that the determination 
need not be mailed by that date to be effective. As 
a result, the BTA erred by finding the tax 
commissioner’s final determination void, and it 
should have considered International Paper’s 
substantive challenge to the tax commissioner’s 
determination.

{¶ 6} Before deciding to return this case to the 
BTA for review of the merits, however, we 
consider the tax commissioner’s procedural 
question. Did International Paper jurisdictionally 
forfeit any right to a remand for consideration of 
its substantive claim because it failed to preserve 
that right by filing a protective cross-appeal? Our 
answer to this question is no. We hold that 
because International Paper was not seeking 
review of the merits issue by this court and 
because the BTA had not addressed the merits 
issue in its previous decision, the company was 
not required to file a protective cross-appeal. 
Accordingly, we reverse the decision of the BTA, 
and we remand for consideration of International 
Paper’s substantive challenge to the tax 
commissioner’s determination.

FACTUAL BACKGROUND

{¶ 7} International Paper timely filed its 
Amortizable Amount Report with the tax 
commissioner in 2006. The report was mailed on 
June 29, 2006 and received on July 3, 2006. The 
report computed an amortizable amount of 
$16,957,077. The tax commissioner conducted an 
audit that initially led to a reduction of that amount 
to zero. After consideration of new information, 
the tax commissioner’s agents adjusted the 
amortizable amount to $927,513 and formulated a 
final determination embodying that conclusion.

{¶ 8} The parties agree that the final determination 
was entered on the tax commissioner’s journal on 
June 8, 2010. It was not mailed to the taxpayer, 
however, until July 12. The final determination 
recited the reduction of the amortizable amount, 
and it stated that the taxpayer agreed with the 
reduction.

{¶ 9} International Paper appealed to the BTA, 
where discovery was conducted and a hearing 
held.

{¶ 10} The BTA issued its decision on August 19, 
2014. In it, the BTA adhered to an earlier decision 
that the June 30, 2010 deadline stated in R.C. 
5751.53(D) set a boundary for action by the 
commissioner, just as the June 30, 2006 date 
stated in the statute set a deadline for submission 
of the amortizable-amount report by the taxpayer. 
BTA No. 2010-2230, 2014 Ohio Tax LEXIS 3869, 
7 (Aug. 19, 2014). The BTA invoked its own “plain 
reading” of the statute to find that the issuance of 
the final determination was subject to the June 30 
deadline, and then relied on Carstab Corp. v. 
Limbach, 40 Ohio St.3d 89, 532 N.E.2d 102 
(1988), for the proposition that the word “issue” in 
the statute refers to mailing the determination, not 
journalizing it. Id. at 6-7. Based on that reasoning, 
the BTA remanded the matter to the commissioner 
with the instruction to vacate his final 
determination, specifying that because that final 
determination was never properly issued, the 
amortizable amount was $16,957,077. Id. at 9.

ANALYSIS
R.C. 5751.53(D) REQUIRES THE TAX 
COMMISSIONER TO ISSUE A FINAL 
DETERMINATION IN ORDER TO REDUCE THE 
AMORTIZABLE AMOUNT

{¶ 11} The tax commissioner contends that issuing 
an “assessment or final determination” reflecting 
an adjustment of the amortizable amount is purely 
optional. The relevant sentence is:

Unless extended by mutual consent, the tax 
commissioner may, until June 30, 2010, audit the 
accuracy of the amortizable amount available to 
each taxpayer that will claim the credit, and adjust 
the amortizable amount or, if appropriate, issue 
any assessment or final determination, as 
applicable, necessary to correct any errors found 
upon audit.

R.C. 5751.53(D).

{¶ 12} This sentence falls short of the ideal of 
good draftsmanship, and one difficulty with the 
statute is the first appearance of the conjunction 
“or.” The tax commissioner reads the “or” as 
making the issuance of an assessment or final 
determination completely optional; his theory is 
that the audit process and any taxpayer 
communications in relation to the audit are 
sufficient to reduce the potential amount of CAT 
credit. The practical effect of that reading would 
be that the taxpayer would not be able to appeal a 
reduced amount of potential credit until some later 
date when the tax commissioner disallows the 
amount of credit claimed. Because that date 
would not arrive until the taxpayer had exhausted 
the entire amount of potential credit, the 
occurrence might come relatively late during the 
long ten- to twenty-year period during which the 
credit might be taken.

{¶ 13} We reject the tax commissioner’s reading of 
the statute for several reasons. Foremost among 
them is that as a matter of plain language, the use 
of the word “necessary” in the quoted sentence 
strongly implies that the issuance of a final 
determination is required if the tax commissioner 
is going to reduce the amount of potential CAT 
credit. The necessity arises for two reasons: first, 
a need to definitively inform the taxpayer as to 
how much credit the commissioner concludes is 
available, and second, a need to afford the 
taxpayer an opportunity to contest any reduction 
by appealing the assessment or final 
determination to the BTA under R.C. 5717.02.

{¶ 14} We conclude that the inference that the 
commissioner draws from the conjunction “or” 
conflicts with the implication of the word 
“necessary” and so the statute is thereby 
rendered ambiguous. In determining the proper 
construction of the statute, we must presume that 
a just and “reasonable result is intended.” R.C. 
1.47(C). Additionally, our determination that the 
statute is ambiguous sets the stage for our 
consideration of “[t]he object sought to be 
attained” and “[t]he consequences of a particular 
construction.” R.C. 1.49(A) and (E).

{¶ 15} In considering the “object” of the statute, 
along with what would constitute “a just and 
reasonable result,” we conclude that the intent of 
the General Assembly was to require the tax 
commissioner to formalize his decision to reduce 
the amortizable amount, both in order to put the 
taxpayer on notice and to permit an immediate 
challenge to the reduction. Indeed, to allow the 
commissioner to contemplate a reduction but 
postpone a challenge for a decade or more 
contradicts an important purpose of the NOL 
credit, which is not only to allow the credit to be 
taken, but to permit the taxpayer to account for 
the tax asset on its books going forward.

{¶ 16} That same reasoning leads us to reject the 
tax commissioner’s contention that “or” in R.C. 
5751.53(D) severs the issuance of the final 
determination from the June 30, 2010 deadline. In 
particular, we are not persuaded by the 
commissioner’s reliance on analysis offered by 
the Legislative Service Commission when the 
statute was passed by the General Assembly; that 
analysis does not clarify the statute, but instead 
paraphrases it and reproduces its ambiguity. We 
hold that in order to effectuate the legislative 
purpose of finalizing the amortizable amount, R.C. 
5751.53(D) sets a firm time limit of June 30, 2010, 
and thereby avoids an indefinite delay in the 
issuance of the determination.

{¶ 17} Finally, we also reject the tax 
commissioner’s invocation of the doctrine of 
longstanding administrative practice. Compare 
UBS Fin. Servs., Inc. v. Levin, 119 Ohio St.3d 
286, 2008-Ohio-3821, 893 N.E.2d 811, ¶ 34 
(adopting the tax commissioner’s longstanding 
construction of a statute) with HealthSouth Corp.

v. Levin, 121 Ohio St.3d 282, 2009-Ohio-584, 903 
N.E.2d 1179, ¶ 26 (“The doctrine applies against 
the state when the state has interpreted the law in 
favor of a particular taxpayer in writing and has 
adhered to that interpretation over an extended 
period of time, but later corrects its interpretation 
and attempts to assess taxes retroactively in 
accordance with the new interpretation”), citing 
NLO, Inc. v. Limbach, 66 Ohio St.3d 389, 395, 
613 N.E.2d 193 (1993), and Ormet Corp. v. 
Lindley, 69 Ohio St.2d 263, 266, 431 N.E.2d 686 
(1982). Here the statute was enacted in 2005 and 
modified in early 2006, and the administrative 
practice is entirely recent and relatively limited.1 
In this context, there is no established 
administrative practice that would have binding 
effect.

1 The tax commissioner also cites an information 
release from 2006, “CAT 2006-06,” which states: 
“The Tax Commissioner can audit and adjust the 
taxpayer’s amortizable amount until June 30, 
2010. However, that date can be extended by 
agreement between the taxpayer and the Tax 
Commissioner. See R.C. 5751.53(B) and (D).” 
Contrary to the tax commissioner’s suggestion, 
we do not read the release as addressing the 
issue before the court.

THE JUNE 30, 2010 DEADLINE IS MANDATORY

{¶ 18} The tax commissioner argues, in the 
alternative, that the June 30 deadline is merely 
directory rather than mandatory, and therefore, 
late issuance of a final determination does not 
void the tax commissioner’s determination.2

{¶ 19} In the tax area, we recently addressed the 
directory-versusmandatory issue in 2200 
Carnegie, L.L.C. v. Cuyahoga Cty. Bd. of 
Revision, 135 Ohio St.3d 284, 2012-Ohio-5691, 
986 N.E.2d 919. There, we considered whether

R.C. 5715.19(B)’s 30-day time requirement for the 
county auditor to give notice of the filing of a 
complaint was jurisdictional. To make that 
determination, we reviewed “ ‘the entire act, its 
nature, its effect and the consequences which 
would result from construing it one way or 
another.’ ” Id. at ¶ 27, quoting State ex rel. Jones 
v. Farrar, 146 Ohio St. 467, 472, 66 N.E.2d 531 
(1946). If the time limit were jurisdictional, the 
adverse consequence would be that an error 
committed by the auditor would deprive both the 
complainant and its opponent of the opportunity to 
be heard on the property’s value. Such an 
outcome made no sense and was surely not 
intended by the legislature.

{¶ 20} Under 2200 Carnegie, the core-of-
procedural-efficiency test is crucial to determining 
the status of a requirement and a time limit as 
being mandatory or directory. Under the test as 
applied in that case, giving the notice ran

2 We reject International Paper’s contention that 
this argument was not jurisdictionally preserved in 
the notice of appeal to the court as required by 
R.C. 5717.04. Although the tax commissioner did 
not use the words “directory” and “mandatory” in 
the notice of appeal to the court, the notice does 
identify what the commissioner believed the BTA’s 
error to be (“determining that the Commissioner’s 
final determination was not ‘properly issued’ ”), 
and does state how the commissioner believed 
the BTA should have handled this issue (“[t]he 
BTA should have determined that the 
Commissioner’s final determination was properly 
and validly issued under R.C. 5751.53(D)”). This 
language satisfies the criteria in WCI Steel, Inc. v. 
Testa, 129 Ohio St.3d 256, 2011-Ohio-3280, 951 
N.E.2d 421, paragraph one of the syllabus, and 
as in WCI Steel, the notice here brings within the 
court’s jurisdiction all the relevant arguments that 
the tax commissioner advanced below, including 
the directory-versus-mandatory argument. We 
conclude that we have jurisdiction over that issue.

to the core of procedural efficiency, while the time 
for giving it did not. Id. at ¶ 24-26.

{¶ 21} Applying that analysis, we consider whether 
the issuance of the final determination of the 
amortizable amount by June 30, 2010, is 
procedurally essential. We conclude that the 
structure of R.C. 5751.53(D) indicates that it is. 
The statute contemplates a hard deadline for the 
taxpayer to file its report—June 30, 2006—and 
likewise contemplates finality in the determination 
of the potential CAT credit by June 30, 2010. 2010 
is the year in which the credit may first be taken, 
and the legislative intent is that the question of 
potential credit be resolved “up front” through the 
filing and audit of the report. The statutory 
requirement of “mutual consent” to extend the 
deadline supports this conclusion, because the 
inference is clear that in the absence of the 
consent, the commissioner must comply with the 
deadline. Moreover, unlike in 2200 Carnegie, if 
the tax commissioner fails to comply with the 
deadline, construing it as mandatory inflicts the 
adverse consequence on the state itself and on 
no other party.

{¶ 22} In this regard, the present case provides a 
stark contrast to our ruling in Hardy v. Delaware 
Cty. Bd. of Revision, 106 Ohio St.3d 359, 2005-
Ohio-5319, 835 N.E.2d 348. In that case, the 
county auditor did not abide by a statutory 
deadline in declaring that certain property was no 
longer part of the current agricultural-use 
valuation program. In Hardy, the question was 
whether the first-Monday-in-August deadline set 
forth in former R.C. 5713.32 was supposed to limit 
the auditor’s power to act, and we concluded that 
that was not the General Assembly’s intent. Id. at 
¶ 23. The overriding purpose of the time limit was 
to assure the opportunity of the taxpayer to 
challenge the action, and that right had been fully 
safeguarded in the case. By contrast, 
International Paper’s right to a clear, up-front 
determination of the amortizable amount would be 
lost unless the June 30, 2010 deadline is 
mandatory. We hold that it is.

“ISSUE” SHOULD BE LIBERALLY CONSTRUED 
IN FAVOR OF PERMITTING THE TAX 
COMMISSIONER TO CORRECT THE 
AMORTIZABLE AMOUNT

{¶ 23} We now turn to the central question 
resolved against the tax commissioner by the 
BTA: was the final determination of the 
amortizable amount timely “issued”? We hold that 
it was.

{¶ 24} Here the facts, as well as the law, deserve 
reiteration: the final determination reducing the 
potential tax credit was entered on the tax 
commissioner’s journal on June 8, 2010. It was 
mailed to the taxpayer on July 12, 2010, and was 
received by the taxpayer on July 14, 2010. If 
“issuing” the determination occurred on June 8 
with the entry on the journal, it was timely; if it 
occurred on July 12 with the mailing, it was too 
late.

{¶ 25} The BTA resolved this issue by citing a 
case from this court and a dictionary definition. 
The tax commissioner cites a few cases in which 
this court, in passing, appears to use “issue” to 
mean placing the final determination in the journal 
that the commissioner is required to maintain 
pursuant to R.C. 5703.05(L).

{¶ 26} We disagree with the BTA’s reliance on our 
decision in Carstab, 40 Ohio St.3d 89, 532 N.E.2d 
102. To be sure, International Paper correctly 
notes that the court did associate the “making” of 
a sales- and use-tax assessment with journalizing 
the assessment, “issuing” with mailing the 
assessment, and “serving” with receiving service 
of the entry. Id. at 90. Those three words were 
used in the version of the statute that was at issue 
in the case, and we stated that those were the 
meanings of the words in the context of that 
statute.

{¶ 27} But the tax commissioner’s objections to 
relying on Carstab are sound. First, the statement 
about the meaning of “issue” is obiter dictum, 
because we specifically identified the “sole 
question presented” as being “whether an 
assessment is barred [by the statute of limitations] 
if it is not received by a taxpayer within the time 
limits provided” by the statutes. Id. at 89. The only 
necessary determination in Carstab was whether 
receipt by the taxpayer was a necessary 
constituent of “issuing” the assessment; it was 
simply unnecessary to decide whether “issuance” 
was complete with journalization or mailing, 
because in Carstab, both events had clearly 
occurred within the statutory limitation period. We 
also find it telling in this regard that after neatly 
defining the three terms in Carstab, we disavowed 
the significance of our having done so by 
acknowledging that we were “not faced with [the] 
situation” of deciding between journalization or 
mailing. Id. at 90. Thus, construal of “issuing” to 
be the same as “mailing” in Carstab is dicta that is 
not binding here. Furthermore, R.C. 5751.53(D) is 
a commercial-activity-tax statute, not a sales-tax 
statute, and must be construed in light of its 
specific legislative purposes.

{¶ 28} The tax commissioner points to instances in 
which this court has used the word “issue” to refer 
to the journalization of a determination. Most 
prominently, in Navistar, 143 Ohio St.3d 460, 
2015-Ohio-3283, 39 N.E.3d 509, ¶ 18, the 
recitation of facts asserts that the commissioner 
“issued his final determination in this matter on 
January 11, 2010.” That in fact was the date of 
journalization of the entry, and the commissioner 
points to similar use of “issue” in DeWeese v. 
Zaino, 100 Ohio St.3d 324, 2003-Ohio-6502, 800 
N.E.2d 1: the statute under discussion there, R.C. 
5711.31, permitted taxpayers to state additional 
objections to the tax commissioner’s amended 
assessment “prior to the date shown on the final 
determination by the commissioner,” and the court 
characterized this as requiring the taxpayer to 
submit additional objections in writing “before the 
Tax Commissioner issues his final determination.” 
(Emphasis added.) Id. at ¶ 10. The date shown on 
final determinations is the journalization date, not 
the mailing date.

{¶ 29} The significance of these cases is not to 
furnish binding or persuasive authority, but to 
establish that the term “issue” in R.C. 5751.53(D) 
is ambiguous with regard to the issue presented. 
That being so, the important canon here is that of 
liberal construction of remedial statutes, which 
has been applied to construe procedural statutes 
in favor of the tax assessor’s ability to properly 
impose tax obligations. See Heuck v. Cincinnati 
Model Homes Co., 130 Ohio St. 378, 199 N.E. 
698 (1936), paragraph one of the syllabus 
(“Statutory provisions which do not relate to the 
creation of tax obligations, but merely to the 
instrumentalities by which tax valuations may be 
determined, clerical errors rectified or omissions 
supplied, or to the enforcement of tax obligations, 
are remedial in character and should be liberally 
construed”); State ex rel. Poe v. Raine, 47 Ohio 
St. 447, 454, 25 N.E. 54 (1890) (statutes “giving 
to state and county auditors authority relating to 
the collection of the public revenue * * * provide 
the instrumentalities by which the revenue officers 
may enforce obligations imposed by the statutes 
which create the tax”; because they are 
“remedial,” such statutes “should be liberally 
construed to advance the remedy”). In this 
context, construing R.C. 5751.53(D) liberally in 
favor of the tax commissioner means construing it 
to require him to have completed fewer, rather 
than more, actions by June 30, 2010. That leads 
us to conclude that the journalization of the final 
determination on June 8, 2010, sufficed to 
constitute “issuance” and thereby satisfied the 
deadline.

INTERNATIONAL PAPER DID NOT NEED TO 
FILE A PROTECTIVE CROSS-APPEAL IN 
ORDER TO PRESERVE ITS MERITS 
ARGUMENT

{¶ 30} International Paper requests that if the 
court reverses and concludes that the tax 
commissioner’s final determination was validly 
issued, the court should remand the cause to the 
BTA for consideration of International Paper’s 
substantive challenge to the determination. In 
opposition, the tax commissioner argues that if 
this court reverses the BTA’s ruling on the validity 
of the final determination, the case is over, and 
the reduced amortizable amount determined by 
the tax commissioner is in force. That is so, 
according to the commissioner, because 
International Paper did not file a protective cross-
appeal preserving its substantive tax-law 
challenge to the reduction of the potential CAT 
credit amount.

{¶ 31} The tax commissioner’s argument rests on 
a body of case law dating back to the 1970s: the 
early cases are Lenart v. Lindley, 61 Ohio St.2d 
110, 115, 399 N.E.2d 1222 (1980), fn. 1, and 
Rowland v. Collins, 48 Ohio St.2d 311, 312, 358 
N.E.2d 582 (1976). In both cases, the tax 
commissioner appealed from an adverse decision 
of the BTA, and on appeal the taxpayers 
attempted to assert alternative reasons why the 
BTA’s rulings in their favor should be affirmed. In 
each case, the court stated that the alternative 
grounds for affirmance could not be considered 
because the taxpayer had not availed itself of the 
right to assert those issues through a notice of 
appeal under R.C. 5717.04, which predicates 
jurisdiction of the court over the appeal on a filing 
of the notice of appeal that specified the errors 
complained of in the BTA decision. Additionally, 
the BTA in Rowland had made an actual finding 
on the alternative ground, id. at 312-313, making 
it imperative that that finding be affirmatively 
challenged as error in order for relief to be 
granted on that point.

{¶ 32} In support of his position, the commissioner 
cites cases that follow Rowland and Lenart:  
Equity Dublin Assocs. v. Testa, 142 Ohio St.3d 
152, 2014-Ohio-5243, 28 N.E.3d 1206, ¶ 23-25 
(when tax commissioner and two boards of 
education appealed partial grant of exemption 
under one statutory provision, taxpayer’s failure to 
file protective cross-appeal with respect to BTA’s 
denial of a different statutory basis for exemption 
barred consideration of that claim on appeal);  
Polaris Amphitheater Concerts, Inc. v. Delaware 
Cty. Bd. of Revision, 118 Ohio St.3d 330, 2008-
Ohio-2454, 889 N.E.2d 103, ¶ 12-15 (board of 
education could not call into question the total 
value assigned to property in defending an 
appeal, when the owner/appellant had challenged 
only the land valuation and the board of education 
had filed no protective cross-appeal raising any 
issue as to the value assigned to the 
improvements);  Dayton-Montgomery Cty. Port 
Auth. v. Montgomery Cty. Bd. of Revision, 113 
Ohio St.3d 281, 2007-Ohio-1948, 865 N.E.2d 22, 
¶ 33 (agreement of parties that a clerical error led 
to assignment of the wrong number as land value 
was not sufficient to empower the court to effect a 
change in that value or to remand for change, 
given that the notice of appeal placed only the 
value of improvements at issue and not the value 
of the land).

{¶ 33} Those cases, however, are not apposite 
here. In each of the cases, the appellee had 
asked for a ruling by the court as to an issue on 
which the appellee had not prevailed below. 
Accord Norandex, Inc. v. Limbach, 69 Ohio St.3d 
26, 630 N.E.2d 329 (1994), fn. 1. By contrast, 
International Paper seeks a remand and does not 
ask us to rule on the substantive tax-law issue. 
And in each of the cases except Lenart, the BTA 
had explicitly ruled against the appellee’s position 
below, making it necessary that the alleged error 
be set forth in a notice of cross-appeal in order to 
invoke the court’s jurisdiction consistent with R.C. 
5717.04. See also Northeast Ohio Psychiatric 
Inst. v. Levin, 121 Ohio St.3d 292, 2009-Ohio-583, 
903 N.E.2d 1188, ¶ 23, in which the appellee tax 
commissioner could not, as an alternative ground 
for affirmance, challenge the BTA’s explicit finding 
that the lessee entity qualified as a charitable 
institution because the tax commissioner did not 
file a protective cross-appeal.3

{¶ 34} Thus, the cited cases are not apposite. 
International Paper did not have to file a cross-
appeal because there was no ruling on its 
substantive issue from the BTA, so there is no 
need for us to exercise jurisdiction to decide the 
issue, in

3 As indicated, in Lenart, the court has also 
enforced the requirement of filing a cross-appeal 
when an appellee might want to have the court 
consider an issue raised below but not addressed 
by the BTA in its decision. See Lenart, 61 Ohio 
St.2d at 115, 399 N.E.2d 1222, fn. 1. Not cited by 
the tax commissioner but additionally unavailing 
to him is Christian Church of Ohio v. Limbach, 53 
Ohio St.3d 270, 271, 560 N.E.2d 199 (1990), fn. 
1. In Polaris Amphitheater Concerts, 118 Ohio 
St.3d 330, 2008-Ohio-2454, 889 N.E.2d 103, ¶ 
14, we cited Christian Church as holding that “[the 
court] had no jurisdiction to consider the additional 
claim of exemption because the owner had not 
filed a cross-appeal”; as discussed, International 
Paper does not ask the court to address its 
substantive issue. Moreover, despite our 
statement in Polaris, Christian Church really has 
no holding, because the appellee in that case 
completely abandoned the alternative exemption 
claim in this court, asserting it neither by a notice 
of cross-appeal nor in its brief. See Couchot v. 
State Lottery Comm., 74 Ohio St.3d 417, 423-
424, 659 N.E.2d 1225 (1996) (noting that a party’s 
reliance on Christian Church was misplaced 
because “[i]n that case, the issue under 
discussion was abandoned by the appellee on 
appeal to the court”).

whole or in part. Nor does International Paper 
seek our pronouncement on the issue in the first 
instance. It follows that no cross-appeal was 
necessary.

CONCLUSION

{¶ 35} For the foregoing reasons, we reverse the 
decision of the BTA and remand with instructions 
that the BTA consider International Paper’s 
substantive challenge to the tax commissioner’s 
determination.

Decision reversed

and cause remanded.

O’CONNOR, C.J., and PFEIFER, LANZINGER, 
and O’NEILL, JJ., concur.

FRENCH, J., dissents, with an opinion joined by 
O’DONNELL and KENNEDY, JJ.

FRENCH, J., dissenting.

{¶ 36} I respectfully dissent. I agree with the 
majority opinion that R.C. 5751.53(D) required the 
tax commissioner to issue a final determination by 
June 30, 2010, in order to reduce the amortizable 
amount claimed by appellee, International Paper 
Company. In my view, however, the tax 
commissioner’s final determination was untimely.

{¶ 37} R.C. 5751.53 created a credit against the 
commercial-activity tax (“CAT”) in order to 
preserve part of the value of net operating losses 
(“NOLs”) that a corporate taxpayer had 
accumulated and was entitled to carry forward as 
a deduction against income under Ohio’s former 
corporate franchise tax. Navistar, Inc. v. Testa, 
143 Ohio St.3d 460, 2015-Ohio-3283, 39 N.E.3d 
509, ¶ 2. To claim that credit, International Paper 
filed an amortizable-amount report with the tax 
commissioner in June 2006. R.C. 5751.53(D) then 
afforded the tax commissioner limited authority to 
audit and correct the claimed amortizable amount:

Unless extended by mutual consent, the tax 
commissioner may, until June 30, 2010, audit the 
accuracy of the amortizable amount available to 
each taxpayer that will claim the credit, and adjust 
the amortizable amount or, if appropriate, issue 
any assessment or final determination, as 
applicable, necessary to correct any errors found 
upon audit.

(Emphasis added.)

{¶ 38} R.C. 5703.05(L) requires the tax 
commissioner to maintain a journal of his final 
determinations that is “open to public inspection.” 
On June 8, 2010, the tax commissioner entered 
on his journal a final determination reducing 
International Paper’s amortizable amount from 
almost $17 million to $927,513. Although “open to 
public inspection,” the tax commissioner’s journal 
is not accessible through the Department of 
Taxation’s website, and here the tax 
commissioner did not mail his final determination 
to International Paper until July 12, 2010. The 
question before this court, then, is whether the tax 
commissioner timely issued his final 
determination. If he issued that determination 
when he entered it on the journal, the answer is 
yes; if he issued it when he placed it in the mail, 
the answer is no. In my view, the tax 
commissioner issued his final determination when 
he mailed it on July 12, 2010, outside the 
statutory timeframe.

{¶ 39} The Board of Tax Appeals (“BTA”) 
concluded that the tax commissioner’s final 
determination was untimely. In doing so, it relied 
primarily on Carstab Corp. v. Limbach, 40 Ohio 
St.3d 89, 532 N.E.2d 102 (1988). In Carstab, this 
court considered a statutory limitation on the tax 
commissioner’s authority to make sales-and use-
tax assessments: “[N]o assessment shall be 
made or issued * * * more than four years after 
the return date for the period in which the sale or 
purchase was made, or more than four years after 
the return for such period is filed, whichever is 
later.” R.C. 5739.16(A). The tax commissioner in 
Carstab had entered her assessment on the 
journal and mailed it to the taxpayer within the 
statutory time limit, but the taxpayer received the 
assessment after the time limit expired.

{¶ 40} The majority dismisses the BTA’s reliance 
on Carstab because it contends that the only 
necessary determination in that case was whether 
the statutory phrase “made or issued” 
encompassed receipt by the taxpayer. But this 
court could not resolve Carstab without 
determining the “pivotal” meaning of the phrase 
“made or issued.” Carstab at 90.

{¶ 41} In determining the meaning of “made or 
issued” in Carstab, we considered the phrase in 
light of the tax commissioner’s general powers 
and duties. These include the power to make 
assessments authorized by law, R.C. 5703.05(H), 
and the duty to maintain a public journal 
containing a record of her actions, R.C. 
5703.05(L). Recognizing that “making” and 
“issuing” an assessment are different events, we 
held that the tax commissioner “ ‘makes’ an 
assessment when she journalizes it because this 
is the act that concludes her audit activity and by 
which she places the assessment on the public 
record.” Carstab at 90. But “the commissioner 
‘issues’ notice of the assessment when she ‘gives’ 
notice to the assessee,” which in that case meant 
when she deposited it in the mail. Id. Ultimately, 
we concluded that neither “making” nor “issuing” 
incorporates a requirement of receipt by the 
taxpayer. Id. While I agree with the majority that 
Carstab is not binding authority, it is persuasive as 
to the meaning of “issue” in

R.C. 5751.53(D).

{¶ 42} The General Assembly has twice amended 
R.C. 5739.16—the statute at issue in Carstab—
since our 1988 decision. See 1993 Am.Sub.H.B. 
No. 327, 145 Ohio Laws, Part III, 5409, 5415, and 
2005 Am.Sub.H.B. No. 66, 151 Ohio Laws, Part II, 
2868, Part III, 4612. Nevertheless, the statute 
continues to state that “no assessment shall be 
made or issued” beyond the four-year timeframe, 
R.C. 5739.16(A), and the General Assembly has 
not statutorily defined the terms “made” and 
“issued” in response to Carstab. We must 
presume that the General Assembly “ha[s] in mind 
prior judicial constructions” of a statute when it 
enacts amendments. State ex rel. Huron Cty. Bd. 
of Edn. v. Howard, 167 Ohio St. 93, 96, 146 
N.E.2d 604 (1957).

{¶ 43} We should also assume that the General 
Assembly was aware of this court’s construction 
of the term “issue” when it enacted R.C. 5751.53
—the statute at issue here—17 years after 
Carstab. See Howard v. Seidler, 116 Ohio App.3d 
800, 811, 689 N.E.2d 572 (7th Dist.1996), citing 
Seeley v. Expert, Inc., 26 Ohio St.2d 61, 72-73, 
269 N.E.2d 121 (1971). Had the General 
Assembly intended that entry of a reduction on 
the tax commissioner’s journal satisfied the tax 
commissioner’s duty under R.C. 5751.53(D), 
without regard to whether the tax commissioner 
informed the taxpayer of his decision, it could 
have enacted statutory language to that effect. In 
other contexts, for example, the General 
Assembly has expressly tied time limits to the 
entry on a public journal. See, e.g., R.C. 5717.04 
(providing for a 30-day appeal period from “the 
date of the entry of the decision of the [BTA] on 
the journal of its proceedings”). R.C. 5751.53(D), 
however, uses only the word “issue” to describe 
the tax commissioner’s obligation. In my view, 
“issue”—here, as in Carstab—relates to the 
mailing of the tax commissioner’s final 
determination, so as to give the taxpayer notice of 
the determination.

{¶ 44} In addition to dismissing the BTA’s reliance 
on Carstab, the majority concludes that R.C. 
5751.53(D) is an ambiguous remedial statute that 
this court must liberally construe in favor of the tax 
commissioner. I agree that R.C. 5751.53 is a 
remedial statute and that we must construe 
remedial statutes liberally in order to promote their 
intended goal. R.C. 1.11; Robert V. Clapp Co. v. 
Fox, 124 Ohio St. 331, 334, 178 N.E. 586 (1931). 
But liberal construction does not always equate to 
a reading that benefits the tax commissioner. For 
example, statutes that provide for the refund of 
taxes illegally or erroneously paid or assessed are 
liberally construed in favor of the taxpayer. 
Phoenix Amusement Co. v. Glander, 148 Ohio St. 
592, 76 N.E.2d 605 (1947), paragraph one of the 
syllabus.

{¶ 45} Here, as the majority opinion 
acknowledges, the legislative aim of the CAT 
credit was to “insulate taxpayers that had NOLs” 
under the corporate-franchise tax from losing the 
value of those NOLs under the new CAT. In 
Navistar, 143 Ohio St.3d 460, 2015-Ohio-3283, 39 
N.E.3d 509, at ¶ 10, we quoted a reference to 
R.C. 5751.53 “as a ‘grand bargain’ between Ohio 
franchise-tax payers and the tax department, 
under which the taxpayers would support the tax 
reform while still retaining some of the value of 
their Ohio deferred-tax assets such as NOLs.” 
The remedy that R.C. 5751.53 provides operates 
in favor of the taxpayer, as should our liberal 
construction of the statutory language. In this 
case, that means the tax commissioner must mail 
his final determination to the taxpayer claiming the 
CAT credit before June 30, 2010.

{¶ 46} Because I would apply the established 
meaning of “issue” stated in Carstab to R.C. 
5751.53(D) or would alternatively construe R.C. 
5751.53(D) liberally in favor of the taxpayer, I 
conclude that the tax commissioner did not issue 
his final determination within the time prescribed 
by R.C. 5751.53(D). I therefore respectfully 
dissent and would affirm the decision of the BTA, 
which reinstated International Paper’s claimed 
amortizable amount.

O’DONNELL AND KENNEDY, JJ., concur in the 
foregoing opinion.

Zaino, Hall & Farrin, L.L.C., Thomas M. Zaino, 
and Richard C. Farrin, for appellee.

Michael DeWine, Attorney General, and Barton A. 
Hubbard, Assistant Attorney General, for 
appellant.





CASE ANNOUNCEMENTS 
October 25, 2015 

[Cite as 10/25/2016 Case Announcements #2, 
2016-Ohio-7459.]

MOTION AND PROCEDURAL RULINGS

2015-2080. State ex rel. Durrani v. Ruehlman.

Hamilton App. No. C-150547. This cause is 
pending before the court as an appeal from the 
Court of Appeals for Hamilton County.

It is ordered by the court, sua sponte, that 
appellee shall file a response, if any, to appellants’ 
motion for immediate stay no later than 3:00 p.m. 
on Wednesday, October 26, 2016.





CASE ANNOUNCEMENTS 
October 25, 2016 

[Cite as 10/25/2016 Case Announcements, 2016-
Ohio-7433.]

MERIT DECISIONS WITH OPINIONS

2015-0467. Antoon v. Cleveland Clinic Found., 
Slip Opinion No. 2016-Ohio7432.

Cuyahoga App. No. 101373, 2015-Ohio-421. 
Judgment reversed and cause remanded.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., concurs in judgment only, with an 
opinion.

O’Neill, J., not participating.

2015-2088. State ex rel. Cowan v. Gallagher, Slip 
Opinion No. 2016-Ohio7430.

Cuyahoga App. No. 103470, 2015-Ohio-5156. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0074. State ex rel. Curtis v. Bunting, Slip 
Opinion No. 2016-Ohio-7431.

Marion App. No. 9-15-43. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2010-2198. State v. McKelton.

Butler C.P. No. CR2010-02-0189. This cause 
came for further consideration upon appellant’s 
filing of a motion for stay of execution of death 
sentence pending disposition of available state 
remedies.

Upon consideration of appellant’s motion for stay 
of execution of death sentence pending 
disposition of available state remedies, it is 
ordered by the court that the motion is granted. It 
is further ordered that this stay shall remain in 
effect until exhaustion of all state post-conviction 
proceedings, including any appeals.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1449. State ex rel. Jochum v. Lake Cty. 
Common Pleas Court.

In Prohibition.

2016-1468. Bronx Park S. III Lancaster, L.L.C. v. 
Fairfield Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-973.

2016-1469. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2136.

2016-1497. Lakewood City Schools Bd. of Edn. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-177.

2016-1505. Cincinnati City Schools Bd. of Edn. v. 
Hamilton Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1993.

2016-1530. Dublin City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1919 and 2015-
1920.

2016-1549. Johnson v. Clark Cty. Bd. of Revision.

Board of Tax Appeals, No. 2016-326.

2016-1551. 327-42 Findlay, L.L.C. v. Hancock Cty. 
Bd. of Revision.

2 10-25-16

Board of Tax Appeals. No. 2015-1342.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellant shall file a brief within 40 days of 
the date of this entry, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R.

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2016-0659. Worthington City Schools Bd. of Edn. 
v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-585.

3 10-25-16





CASE ANNOUNCEMENTS 
October 24, 2016 

[Cite as 10/24/2016 Case Announcements, 2016-
Ohio-7426.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF OCTOBER 24, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the October 24, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format. 2013-0656. State 
ex rel. Walgate v. Kasich, 147 Ohio St.3d 1, 2016-
Ohio-1176. 2014-0618. State v. F.R., 147 Ohio 
St.3d 1, 2015-Ohio-1816. 2014-0881. Dublin City 
Schools Bd. of Edn. v. Franklin Cty. Bd. of 
Revision,

147 Ohio St.3d 38, 2016-Ohio-3025.
2014-1230. State v. Thompson, 147 Ohio St.3d 
29, 2016-Ohio-2769.
2014-1825 and 2014-2122. State v. Marcum, 146 
Ohio St.3d 516, 2016-Ohio

1002. 
2015-0367. Leyman v. Bradshaw, 146 Ohio St.3d 
522, 2016-Ohio-1093.
2015-0539. In re Application of Myers, 147 Ohio 
St.3d 32, 2016-Ohio-2812.
2015-0584. Snodgrass v. Testa, 147 Ohio St.3d 
34, 2016-Ohio-2910.
2015-1197. Disciplinary Counsel v. Bellew, 147 
Ohio St.3d 1202, 2016-Ohio

1534. 

2015-1339. Jury v. Miller, 147 Ohio St.3d 49, 
2016-Ohio-3044.

2015-1365. State ex rel. T.L.M. v. Judges of the 
First Dist. Court of Appeals, 147 Ohio St.3d 25, 
2016-Ohio-1601.

2015-1955. Toledo Bar Assn. v. Abreu, 147 Ohio 
St.3d 35, 2016-Ohio-2972.

2016-0313. Ohio Manufacturers’ Assn. v. Ohioans 
for Drug Price Relief Act, 147 Ohio St.3d 42, 
2016-Ohio-3038.

2016-0370. Disciplinary Counsel v. Leneghan, 
147 Ohio St.3d 1205, 2016Ohio-2614.

15-AP-037. In re Disqualification of Huffman, 147 
Ohio St.3d 1201, 2015Ohio-3926.

16-AP-029. In re Disqualification of Berkowitz, 
147 Ohio St.3d 1207, 2016Ohio-5127.

MOTION AND PROCEDURAL RULINGS

2016-0440. State v. Mutter.

Scioto App. No. 15CA3691, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2016-0441, State v. 
Mutter, for oral argument only.

2016-0441. State v. Mutter.

Scioto App. No. 15CA3690, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

It is ordered by the court, sua sponte, that this 
cause is consolidated with 2016-0440, State v. 
Mutter, for oral argument only.

2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd. 
of Revision.

Board of Tax Appeals Nos. 2015-1231, 2015-
1232, and 2015-1233. This cause is pending 
before the court as an appeal from the Board of 
Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the

2 10-24-16

cause is remanded to the Board of Tax Appeals to 
take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

MISCELLANEOUS DISMISSALS

2016-0575. State ex rel. Barnes v. Indus. Comm.

Franklin App. No. 15AP-170, 2016-Ohio-824. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Franklin County. 
The records of this court indicate that appellant 
has not filed a merit brief, due October 13, 2016, 
in compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore has failed to 
prosecute this cause with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.

3 10-24-16






CASE ANNOUNCEMENTS 
October 21, 2016 

[Cite as 10/21/2016 Case Announcements, 2016-
Ohio-7410.]

MOTION AND PROCEDURAL RULINGS

2016-0723. State ex rel. Allen Cty. Children Servs. 
Bd. v. Mercer Cty. Common Pleas Court, Probate 
Div.

In Prohibition. This cause came on for further 
consideration upon the filing of respondents’ 
motion for leave to supplement motion for 
reconsideration. It is ordered by the court that the 
motion is denied as moot.

2016-0763. State ex rel. Anderson v. Derryberry.

In Prohibition. This cause came on for further 
consideration upon the filing of a motion for leave 
to file a memorandum of amicus curiae American 
Academy of Adoption Attorneys. It is ordered by 
the court that the motion for leave is denied as 
moot.

DISCIPLINARY CASES

2016-1240. In re Application of Callam.

This cause is pending before the court upon the 
filing of a report by the Board of Commissioners 
on Character and Fitness. On September 27, 
2016, applicant, Michael Alexander Callam, filed a 
motion to supplement the record.

Upon consideration thereof, it is ordered by the 
court that the motion is granted.

2016-1240. In re Application of Callam.

This cause is pending before the court upon the 
filing of a report by the Board of Commissioners 
on Character and Fitness. On September 28, 
2016, amicus curiae, the Gertsburg Law Firm Co., 
L.P.A., filed a motion for leave to participate in oral 
argument.

Upon consideration thereof, it is ordered by the 
court that the motion is granted. Amicus curiae 
shall share the time allotted to applicant.

MISCELLANEOUS DISMISSALS

2016-1416. State ex rel. Belegrin v. Oliver.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2

10-21-16






CASE ANNOUNCEMENTS 
October 20, 2016 

[Cite as 10/20/2016 Case Announcements, 2016-
Ohio-7388.]

MERIT DECISIONS WITH OPINIONS

2014-1582. Olentangy Local Schools Bd. of Edn. 
v. Delaware Cty. Bd. of Revision, Slip Opinion No. 
2016-Ohio-7381.

Board of Tax Appeals, No. 2012-694. Decision 
vacated and cause remanded. O’Connor, C.J., 
and Pfeifer, O’Donnell, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

2016-0723. State ex rel. Allen Cty. Children Servs. 
Bd. v. Mercer Cty. Common Pleas Court, Probate 
Div., Slip Opinion No. 2016-Ohio-7382.

In Prohibition. Motion for reconsideration granted 
and writ denied. Pfeifer, O’Donnell, Lanzinger, and 
French, JJ., concur. O’Connor, C.J., dissents, with 
an opinion joined by O’Neill, J. O’Neill, J., 
dissents, with an opinion joined by O’Connor, C.J. 
Kennedy, J., not participating.

MOTION AND PROCEDURAL RULINGS

2016-1207. Weber v. Ferrellgas, Inc.

Trumbull App. No. 2015-T-0071, 2016-Ohio-4738. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the second amended 
motion for admission pro hac vice of Brent N. 
Coverdale, it is ordered by the court that the 
motion is granted. Pursuant to Gov.Bar R. XII(4), 
counsel shall file a notice of permission to appear 
pro hac vice with the Supreme Court’s Office of 
Attorney Services within 30 days of the date of 
this entry.

RECONSIDERATION OF PRIOR DECISIONS

2016-0763. State ex rel. Anderson v. Derryberry.

In Prohibition. Reported at 146 Ohio St.3d 1476, 
2016-Ohio-3085, 49 N.E.3d

1317. On motion for reconsideration. Motion 
denied.

Pfeifer and O’Donnell, JJ., dissent.

Kennedy, J., not participating.

DISCIPLINARY CASES

2012-2070. Disciplinary Counsel v. O’Malley.

On petition for reinstatement. Joseph Patrick 
O’Malley, Attorney Registration No. 0060087, is 
hereby reinstated to the practice of law.

2016-1361. In re Resignation of Hanni.

On application for resignation of Heidi A. Hanni, 
Attorney Registration No. 0074801, and on report 
filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2016-1397. In re Resignation of Summers.

On application for resignation of William Lawrence 
Summers, Attorney Registration No. 0013007, 
and on report filed under seal by disciplinary 
counsel. Resignation accepted with disciplinary 
action pending.

2 10-20-16






CASE ANNOUNCEMENTS 
October 19, 2016 

[Cite as 10/19/2016 Case Announcements, 2016-
Ohio-7371.]

MERIT DECISIONS WITH OPINIONS

2015-0505. In re D.S., Slip Opinion No. 2016-
Ohio-7369.

Cuyahoga App. No. 101161, 2015-Ohio-518. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
French, and O’Neill, JJ., concur.

Kennedy, J., concurs in judgment only, with an 
opinion.

2015-1969. State ex rel. Nichols v. Eppinger, Slip 
Opinion No. 2016-Ohio7367.

Lorain App. No. 15CA010807. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., concurs in judgment only.

2015-2059. State ex rel. Ridenour v. O’Connell, 
Slip Opinion No. 2016-Ohio7368.

Montgomery App. No. 26592. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS 

2016-1162. Cleveland Hts.-Univ. Hts. City School 
Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-1950. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

DISCIPLINARY CASES

2014-1737. Cincinnati Bar Assn. v. Moore.

On motion for contempt. This matter is pending 
before the court upon the filing of a motion for 
contempt by relator, the Cincinnati Bar 
Association.

Upon consideration thereof, it is ordered and 
adjudged by this court that respondent, Rodger 
William Moore, Attorney Registration No. 
0074144, last known address in Fort Mitchell, 
Kentucky, is found in contempt for failure to 
comply with the court’s June 25, 2015 order, to 
wit: continuing to practice law after this court’s 
June 25, 2015 suspension order.

French, J., dissents.

2016-1291. Columbus Bar Assn. v. Simonette.

On motion for contempt. This matter is pending 
before the court upon the filing of a motion for 
contempt by relator, the Columbus Bar 
Association.

Upon consideration thereof, it is ordered by this 
court that relator’s motion for contempt filed 
August 30, 2016, is granted. It is further ordered 
that respondent, David G. Simonette, is found in 
contempt. In addition, it is ordered that 
respondent shall appear for his deposition and 
shall comply with the orders issued by the Board 
of Professional Conduct.

French, J., dissents.

2016-1448. Mahoning Cty. Bar Assn. v. Verkhlin.

On motion for immediate interim remedial 
suspension. Mark Verkhlin, Attorney Registration 
No. 0083203, last known business address in 
Tallmadge, Ohio, is suspended from the practice 
of law for an interim period.

2 10-19-16

French, J., dissents.

MISCELLANEOUS DISMISSALS

2016-1312. State ex rel. Haddix v. Forchione.

In Procedendo. This cause originated in this court 
on the filing of a complaint for a writ of 
procedendo.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

3 10-19-16






CASE ANNOUNCEMENTS 
October 18, 2016 

[Cite as 10/18/2016 Case Announcements, 2016-
Ohio-7354.]

MERIT DECISIONS WITH OPINIONS

2016-0251. Disciplinary Counsel v. Warren, Slip 
Opinion No. 2016-Ohio7333.

On Certified Report by the Board of Professional 
Conduct, No. 2015-035. Kenneth Jay Warren, 
Attorney Registration No. 0011040, is hereby 
suspended from the practice of law for two years, 
with no credit for time served under interim 
suspension.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
and French, JJ., concur.

O’Donnell, J., dissents and would remand the 
cause to the Board of Professional Conduct to 
reconsider the sanction to be imposed.

O’Neill, J., dissents and would grant respondent 
credit for time served under interim remedial 
suspension.

2016-0856. Disciplinary Counsel v. Truax, Slip 
Opinion No. 2016-Ohio-7334.

On Certified Report by the Board of Professional 
Conduct, No. 2015-080. William Henry Truax, 
Attorney Registration No. 0001923, is hereby 
suspended from the practice of law for six 
months, all stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents and would publicly reprimand 
respondent.

MOTION AND PROCEDURAL RULINGS

2016-1300. Meeker R & D, Inc. v. Evenflo Co., 
Inc.

Portage App. Nos. 2014-P-0060 and 2015-P-
0017, 2016-Ohio-2688.

This cause is pending before the court as an 
appeal from the Court of Appeals for Portage 
County.

Upon consideration of appellant’s motion for stay, 
it is ordered by the court that the motion is 
granted and the supersedeas bond posted shall 
continue during the pendency of this appeal.

O’Connor, C.J., and Pfeifer and O’Donnell, JJ., 
dissent.

2016-1353. Dave v. Dave.

Portage App. No. 2016-P-0020, 2016-Ohio-5185.

This cause is pending before the court as an 
appeal from the Court of Appeals for Portage 
County.

Upon consideration of appellant’s motion to stay 
lower court decisions, it is ordered by the court 
that the motion is denied.

O’Neill, J., dissents.

2016-1398. Troja v. Pleatman.

Hamilton App. No. C-150746, 2016-Ohio-5294.

This cause is pending before the court as an 
appeal from the Court of Appeals for Hamilton 
County.

Upon consideration of appellant’s motion to stay 
imposition of sentence, it is ordered by the court 
that the motion is denied.

O’Donnell, Kennedy, and O’Neill, JJ., dissent.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A). 
2016-0680. Hull Org., L.L.C. v. Clermont Cty. Bd. 
of Revision. Board of Tax Appeals, No. 2015-888.

2016-1373. State ex rel. DeCrane v. Cleveland.

In Mandamus.

2016-1394. Johnson v. Shaker Heights Mun. 
Court.

In Manadmus.

2016-1423. Spirit Master Funding IX, L.L.C. v. 
Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2188 and 2015-
2195.

2 10-18-16

2016-1427. Realty Income Properties 24, L.L.C. v. 
Delaware Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-2413 and 2015-
2414.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellant shall file a brief within 40 days of 
the date of this entry, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R.

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2016-1137. Willoughby Hills Dev. and Distrib., Inc. 
v. Testa.

Board of Tax Appeals, No. 2015-1069.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
Respondent shall file a response to the complaint 
within 21 days of the date of this entry.

2016-1115. State ex rel. Cincinnati Enquirer v. 
Pike Cty. Coroner’s Office.

In Mandamus.

3 10-18-16




CASE ANNOUNCEMENTS 
October 17, 2016 

[Cite as 10/17/2016 Case Announcements, 2016-
Ohio-7332.]

MOTION AND PROCEDURAL RULINGS

2016-0930. State v. Banks-Harvey.

Warren App. No. CA2015-08-073, 2016-Ohio-
2894. This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and the Ohio Public 
Defender’s Office is appointed to represent 
appellant.

2016-1212. State ex rel. Peoples v. Johnson.

Franklin App. No. 15AP-765, 2016-Ohio-5204. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County.

The records of this court indicate that appellant 
has not filed a merit brief, due October 12, 2016, 
in compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore has failed to 
prosecute this cause with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.





CASE ANNOUNCEMENTS 
October 14, 2016 

[Cite as 10/14/2016 Case Announcements #3, 
2016-Ohio-7331.]

MOTION AND PROCEDURAL RULINGS

2016-1486. Sunoco Pipeline, L.P. v Teter.

Harrison App. Nos. 16 HA 0002 and 16 HA 0005, 
2016-Ohio-7073. This cause is pending before the 
court as a jurisdictional appeal.

Upon consideration of appellant’s emergency 
motion to stay execution of court of appeals’ 
judgment, it is ordered by the court that the 
motion is granted. No bond is required to be 
posted for this stay.

Lanzinger and French, JJ., dissent.





CASE ANNOUNCEMENTS 
October 14, 2016 

[Cite as 10/14/2016 Case Announcements #2, 
2016-Ohio-7320.]

DISCIPLINARY CASES

2016-1148. Lorain Cty. Bar Assn. v. Mackin.

On motion to stay. On October 12, 2016, relator 
filed a motion to stay proceedings and remand 
this matter to the board.

Upon consideration thereof, it is ordered by the 
court that respondent shall file a response, if any, 
to relator’s motion by 12:00 p.m. on October 18, 
2016. No requests or stipulations of extension of 
time shall be permitted and the clerk of court shall 
refuse to file any requests or stipulations for 
extension of time.

2016-1506. Lorain Cty. Bar Assn. v. Mackin.

On motion for immediate interim remedial 
suspension. On October 12, 2016, relator filed a 
motion for immediate interim remedial suspension 
pursuant to Gov.Bar R. V(19).

Upon consideration thereof, it is ordered by the 
court that respondent shall file a response, if any, 
to relator’s motion by 12:00 p.m. on October 18, 
2016. No requests or stipulations of extension of 
time shall be permitted and the clerk of court shall 
refuse to file any requests or stipulations for 
extension of time.





CASE ANNOUNCEMENTS 
October 14, 2016 

[Cite as 10/14/2016 Case Announcements, 2016-
Ohio-7317.]

MOTION AND PROCEDURAL RULINGS

2016-0929. ARCP RL Portfolio VI, L.L.C. v. 
Fairfield Cty. Bd. of Revision.

Board of Tax Appeals No. 2015-1423. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.





CASE ANNOUNCEMENTS 
October 13, 2016 

[Cite as 10/13/2016 Case Announcements, 2016-
Ohio-7296.]

MOTION AND PROCEDURAL RULINGS

2016-0440. State v. Mutter.

Scioto App. No. 15CA3691, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

It is ordered by the court, sua sponte, that the 
parties show cause within seven days of the date 
of this entry why this court should not consolidate 
this case with 2016-0441, State v. Mutter, for oral 
argument only.

2016-0441. State v. Mutter.

Scioto App. No. 15CA3690, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

It is ordered by the court, sua sponte, that the 
parties show cause within seven days of the date 
of this entry why this court should not consolidate 
this case with 2016-0440, State v. Mutter, for oral 
argument only.

DISCIPLINARY CASES

2016-1340. Disciplinary Counsel v. Cummings.

On certified order of the Supreme Court of 
Georgia, Nos. S12Y1443 and S12Y1461. Lisa 
Mechelle Cummings, Attorney Registration No. 
0064435, is hereby indefinitely suspended from 
the practice of law in Ohio.





CASE ANNOUNCEMENTS 
October 12, 2016 

[Cite as 10/12/2016 Case Announcements #2, 
2016-Ohio-7280.]

MOTION AND PROCEDURAL RULINGS

2016-1486. Sunoco Pipeline, L.P. v Teter.

Harrison App. No. 16 HA 0002 and 16 HA 0005, 
2016-Ohio-7073. This cause is pending before the 
court as a jurisdictional appeal.

It is ordered by the court, sua sponte, that 
appellees shall file a response, if any, to 
appellant’s emergency motion to stay execution of 
court of appeals’ judgment no later than 12:00 
p.m. on Thursday, October 13, 2016.





CASE ANNOUNCEMENTS 
October 12, 2016 

[Cite as 10/12/2016 Case Announcements, 2016-
Ohio-7273.]

DISCIPLINARY CASES

2016-1333. Disciplinary Counsel v. Brumbaugh.

On certification of default. Jeffrey Shane 
Brumbaugh, Attorney Registration No. 0074102, 
is hereby suspended from the practice of law for 
an interim period.





Board of Professional Conduct Files Disciplinary 
Case Reports and Recommendations

Staff Report | October 12, 2016

The Ohio Board of Professional Conduct today 
announced it has filed the following reports and 
recommendations for disciplinary cases involving 
attorneys and judges charged with professional 
misconduct with the Supreme Court of Ohio.

Except in consent-to-discipline cases, the parties 
will have an opportunity to file objections to the 
board’s report and recommendation with the 
Supreme Court. If objections are filed, the case 
will be scheduled for oral argument. Oral 
argument is not scheduled in reinstatement 
cases, except upon order of the Court. In cases in 
which the board recommends acceptance of a 
consent-to-discipline agreement, no objections 
are permitted, and the case is submitted to the 
Court for consideration.

Additional information about each case, including 
the report and recommendation, may be obtained 
by clicking on the hyperlink for each case. 
Questions regarding pending cases should be 
directed to the Office of Public Information at 
614.387.9250.

Cases on Report of the Board

Butler County
Disciplinary Counsel v. Gregory Lawrence Peck
Case No. 2016-1490
Recommended sanction: Six-month suspension, 
stayed

Cuyahoga County
Disciplinary Counsel v. Scott Clifford Smith
Case No. 2014-0197 (on remand)
Recommended sanction: Indefinite suspension

Ohio State Bar Association v. Harry Joseph Jacob 
III
Case No. 2016-1488
Recommended Sanction: Two-year suspension, 
one year stayed

Cleveland Metropolitan Bar Association v. Edward 
Joseph Heben, Jr.
Case No. 2016-1495
Recommended Sanction: One-year suspension, 
six months stayed

Franklin County
Disciplinary Counsel v. Thomas Patrick Maney Jr.
Case No. 2016-1494
Recommended sanction: One-year suspension, 
six months stayed

Hamilton County
Disciplinary Counsel v. Robert Hansford Hoskins
Case No. 2016-1496
Recommended sanction: Disbarment

Warren County
Disciplinary Counsel v. Jeremiah Justin Denslow
Case No. 2016-1487
Recommended sanction: Six-month suspension, 
stayed

Wood County
Wood County Bar Association v. Robert Eugene 
Searfoss III
Case No. 2016-1489
Recommended sanction: Two-year suspension, 
one year stayed

Reinstatement Case

Mahoning County
Mahoning County Bar Association v. William 
Charles Helbley Jr.
Case No. 2012-0200
Recommendation: Grant reinstatement

Dismissal Based on Finding of No Misconduct

Cuyahoga County
Disciplinary Counsel v. Alan Jack Rapoport
Board Case No. 15-073





CASE ANNOUNCEMENTS 
October 10, 2016 

[Cite as 10/10/2016 Case Announcements, 2016-
Ohio-7251.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF OCTOBER 10, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the October 10, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2013-1874. In re Application of Champaign Wind, 
L.L.C., 146 Ohio St.3d

489, 2016-Ohio-1513. 2014-0883. Columbus City 
Schools Bd. of Edn. v. Franklin Cty. Bd. of 
Revision, 146 Ohio St.3d 470, 2016-Ohio-757.

2014-1025. Oak View Properties, L.L.C. v. 
Franklin Cty. Bd. of Revision, 146 Ohio St.3d 478, 
2016-Ohio-786. 2014-1241. Haight v. Minchak, 
146 Ohio St.3d 481, 2016-Ohio-1053. 2014-1295. 
State v. Baker, 146 Ohio St.3d 456, 2016-Ohio-
451. 2014-1923. State ex rel. Conley v. Park, 146 
Ohio St.3d 454, 2015-Ohio-5226. 2015-0852. 
State ex rel. Lockhart v. Sheldon, 146 Ohio St.3d 
468, 2016-Ohio

627.

16-AP-007. In re Disqualification of Dezso, 146 
Ohio St.3d 1278, 2016-Ohio3110.





CASE ANNOUNCEMENTS 
October 7, 2016 

[Cite as 10/07/2016 Case Announcements, 2016-
Ohio-7239.]

DISCIPLINARY CASES

2015-1640. Disciplinary Counsel v. Lawrence.

On application for reinstatement. Meredith Lynn 
Lawrence, Attorney Registration No. 0029098, is 
hereby reinstated to the practice of law.





CASE ANNOUNCEMENTS 
October 6, 2016 

[Cite as 10/06/2016 Case Announcements #2, 
2016-Ohio-7234.]

MOTION AND PROCEDURAL RULINGS

2016-1416. State ex rel. Belegrin v. Oliver.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relator’s motion for 
emergency stay, it is ordered by the court that the 
motion is denied.






CASE ANNOUNCEMENTS 
October 6, 2016 

[Cite as 10/06/2016 Case Announcements, 2016-
Ohio-7219.]

MERIT DECISIONS WITH OPINIONS

2016-0265. Cleveland Metro. Bar Assn. v. 
Frenden, Slip Opinion No. 2016Ohio-7198.

On Certified Report by the Board of Professional 
Conduct, No. 2015-015. John Barry Frenden, 
Attorney Registration No. 0076200, is hereby 
permanently disbarred from the practice of law in 
Ohio.

O’Connor, C.J., and Pfeifer, Lanzinger, French, 
and O’Neill, JJ., concur.

O’Donnell and Kennedy, JJ., dissent and would 
indefinitely suspend respondent.

MOTION AND PROCEDURAL RULINGS

2011-0093. State v. Ketterer.

Butler C.P. No. CR2003030309. This cause came 
for further consideration upon appellant’s filing of 
a motion for stay of execution of death sentence 
pending disposition of available state remedies.

Upon consideration of appellant’s motion to stay 
execution of death sentence pending disposition 
of available state remedies, it is ordered by the 
court that the motion is granted. It is further 
ordered that this stay shall remain in effect until 
exhaustion of all state postconviction 
proceedings, including any appeals.

2016-0646. Johnson v. Moore.

Warren App. No. CA2016-02-011. This cause is 
pending before the court as an appeal from the 
Court of Appeals for Warren County.

Upon consideration of appellant’s motion for 
appointment of counsel, it is

ordered by the court that the motion is denied.

2016-0979. State ex rel. Sultaana v. Am. Honda 
Fin. Corp.

In Mandamus. This cause came on for further 
consideration upon the filing of relator’s 
emergency motion to proceed to judgment. It is 
ordered by the court that the motion is denied as 
moot.

2016-1252. Preterm-Cleveland, Inc. v. Kasich.

Cuyahoga App. No. 103103, 2016-Ohio-4859. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motions for admission 
pro hac vice of Lorie Chaiten and Jennifer Lee, it 
is ordered by the court that the motions are 
granted. Pursuant to Gov.Bar R. XII(4), counsel 
shall file a notice of permission to appear pro hac 
vice with the Supreme Court’s Office of Attorney 
Services within 30 days of the date of this entry.

2

10-06-2016






CASE ANNOUNCEMENTS 
October 5, 2016 

[Cite as 10/05/2016 Case Announcements, 2016-
Ohio-7199.]

MERIT DECISIONS WITH OPINIONS

2014-2028. State v. Martin, Slip Opinion No. 
2016-Ohio-7196.

Montgomery App. No. 26033, 2014-Ohio-3640. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
O’Donnell, Kennedy, and French, JJ., concur. 
Lanzinger, J., dissents, with an opinion. O’Neill, J., 
dissents, with an opinion.

MERIT DECISIONS WITHOUT OPINIONS

2016-0321. State ex rel. Sultaana v. Gaul.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. On petitioner’s 
motions to consolidate and to amend complaint, 
and respondent’s motion to strike. Motions denied 
as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0364. McIntyre v. Turner.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause

dismissed. Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur. 
O’Connor, C.J., not participating.

2016-0612. Parks v. State.

In Habeas Corpus. On motions to dismiss and to 
strike. Motions granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0824. Petric v. Bracy.

In Habeas Corpus. On motion for stay of 
proceedings of this case. Motion granted.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents.

2016-0873. State v. Blair.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0963. Walker v. Bracy.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0966. McCarthy v. State.

In Mandamus. On amended motion to dismiss. 
Motion granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents, and would deny the 
motion and grant an alternative writ.

2016-0979. State ex rel. Sultaana v. Am. Honda 
Fin. Corp.

In Mandamus. On complaint in mandamus of 
Amirah Sultaana. On S.Ct.Prac.R.

10.5 determination, cause dismissed. On 
amended motion to consolidate. Motion denied as 
moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0987. Sudberry v. Schweitzer.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1022. Rose v. Powers.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1040. Butcher v. Portage Cty. Court of 
Common Pleas.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause

dismissed.

O’Connor, C.J., and Pfeifer, Kennedy, and French, 
JJ., concur.

O’Donnell, Lanzinger, and O’Neill, JJ., dissent and 
would grant an alternative writ.

2016-1071. State ex rel. Brown v. Schneider.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1072. State ex rel. Welling v. Dungy.

In Prohibition. On motions to dismiss. Motions 
granted. Cause dismissed. On notice and demand 
and objection to name change. Motion denied as 
moot.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents, and would deny the 
motions to dismiss and grant an alternative writ.

2016-1079. State ex rel. Bloodworth v. Powell.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1083. Phillips v. Erdos.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed. On motion 
to proceed to judgment. Motion denied.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
and French, JJ., concur.

O’Donnell, J., dissents and would grant the 
petition and deny the motion as moot.

O’Neill, J., dissents and would grant an alternative 
writ.

2016-1088. State ex rel. Harrison v. Cuyahoga 
Cty. Prosecutor.

In Mandamus. On request for civil discovery and 
production of documents. Requests denied. On 
motion to dismiss. Motion granted. Cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1092. State ex rel. Crim v. Capper.

In Mandumus. On S.Ct.Prac.R. 12.04 
determination, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1103. State ex rel. McArthur v. Suster.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-1110. Goldshtein v. Mohr.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause

dismissed. On motion for leave to amend petition. 
Motion granted.

O’Donnell, Lanzinger, Kennedy, French, and 
O’Neill, JJ., concur.

O’Connor, C.J., and Pfeifer, J., would deny the 
motion for leave to amend petition.

2016-1134. Nedea v. Cook.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

O’Donnell, J., would find the petitioner to be a 
vexatious litigator under S.Ct.Prac.R. 4.03(B).

2016-1185. State ex rel. Armengau v. Haviland.

In Habeas Corpus. On petition for writ of habeas 
corpus. Sua sponte, cause dismissed. On motion 
requesting expedited ruling on petition for writ of 
habeas corpus. Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2016-1141. State v. Casada.

Cuyahoga App. No. 103362, 2016-Ohio-2633. On 
motion for leave to file delayed appeal. Motion 
denied.

Pfeifer and Kennedy, JJ., dissent.

2016-1157. State v. Torres.

Ashtabula App. No. 2014-A-0064. On motion for 
leave to file delayed appeal. Motion denied.

2016-1165. State v. Sampson.

Cuyahoga App. No. 103311, 2016-Ohio-4560. On 
motion for leave to file delayed appeal. Motion 
granted.

2016-1173. State v. Albert.

Franklin App. No. 14AP-30, 2015-Ohio-249. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-1178. State v. Thomas.

Summit App. No. 27405, 2015-Ohio-2377. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-1191. State v. Musser.

Licking App. No. 15 CA 85, 2016-Ohio-3023. On 
motion for leave to file delayed appeal. Motion 
denied.

Pfeifer and Lanzinger, JJ., dissent.

2016-1209. State v. Garcia.

Cuyahoga App. No. 102546, 2016-Ohio-585. On 
motion for leave to file delayed appeal. Motion 
denied.

Pfeifer, J., dissents.

2016-1225. State v. Victor.

Geauga App. Nos. 2014-G-3220, 2014-G-3241, 
and 2015-G-0010, 2015-Ohio5520. On motion for 
stay of court of appeals’ judgment and petition for 
court-ordered reinstatement of defendant’s state 
driver’s license. Motions denied.

2016-1305. Evans v. Avon.

Lorain App. No. 15CA010879, 2016-Ohio-5460. 
On emergency motion for stay of court of appeals’ 
judgment. Motion denied.

Lanzinger, Kennedy, and French, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2014-1181. State v. Obermiller.

Cuyahoga App. No. 101546, 2016-Ohio-1141. 
Upon consideration of the jurisdictional 
memoranda filed in this case, the court accepts 
the appeal, vacates the decision of the court of 
appeals, and remands this cause to the court of 
appeals to consider the timeliness of the 
appellant’s appeal on the merits.

O’Donnell, J., dissents.

2016-0903. State v. Batista.

Hamilton App. No. C-150341, 2016-Ohio-2848. 
O’Connor, C.J., and Pfeifer and O’Donnell, JJ., 
dissent.

2016-0907. In re D.S.

Franklin App. No. 15AP-487, 2016-Ohio-2810. 
Pfeifer and Kennedy, JJ., dissent.

2016-1020. State v. Beasley.

Hamilton App. No. C-150431, 2016-Ohio-1603. 
Pfeifer and Kennedy, JJ., dissent.

2016-1024. State v. Jackson.

Summit App. No. 27132, 2015-Ohio-5246. 
Discretionary appeal accepted and cause held for 
decision in 2016–1782, State v. Shalash, and 
briefing schedule stayed.

O’Connor, C.J., dissents.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0226. State v. James.

Cuyahoga App. No. 102604, 2015-Ohio-4987.

2016-0842. State v. Taylor.

Lawrence App. No. 15CA12, 2016-Ohio-2781.

2016-0843. In re Estate of Burton.

Warren App. No. CA2015-12-110, 2016-Ohio-
2683.

2016-0846. State v. Saah.

Cuyahoga App. No. 103601, 2016-Ohio-2643. 
O’Donnell, J., dissents.

2016-0847. State v. McClendon.

Cuyahoga App. No. 103202, 2016-Ohio-2630. 
O’Neill, J., dissents.

2016-0862. State v. Knowles.

Franklin App. No. 15AP-991, 2016-Ohio-2859.

2016-0869. In re J.B.

Allen App. No. 1-15-79, 2016-Ohio-2670.

2016-0870. State v. McDonald.

Fairfield App. No. 15-CA-45, 2016-Ohio-2699. 
French and O’Neill, JJ., dissent.

2016-0876. State v. Hayes.

Portage App. No. 2014-P-0044, 2016-Ohio-2794.

2016-0880. State v. Gall.

Montgomery App. Nos. 26114 and 26115, 2016-
Ohio-2748.

2016-0882. State v. Wright.

Summit App. No. 28225. O’Connor, C.J., not 
participating.

2016-0884. Brooklyn v. Woods.

Cuyahoga App. No. 103120, 2016-Ohio-1223.

2016-0889. State v. Young.

Cuyahoga App. No. 103024, 2016-Ohio-2720.

2016-0893. State v. Reyes.

Butler App. Nos. CA2015-06-113, CA2015-06-
114, and CA2015-06-115, 2016Ohio-2771.

French and O’Neill, JJ., dissent.

2016-0895. State v. Sekse.

Preble App. No. CA2015-07-015, 2016-Ohio-
2779.

2016-0898. State v. Lacey.

Cuyahoga App. No. 102812, 2016-Ohio-1375.

2016-0900. Sygula v. Regency Hosp. of 
Cleveland, E.

Cuyahoga App. No. 103436, 2016-Ohio-2843.

2016-0905. State v. Davie.

Summit App. No. 27961, 2016-Ohio-2816. 
O’Connor, C.J., not participating.

2016-0906. State v. Abdul.

Cuyahoga App. No. 103510, 2016-Ohio-3063.

2016-0908. Hill v. Pepsi-Cola Gen. Bottlers, Inc.

Lucas App. No. L-15-1184, 2016-Ohio-2868. 
Lanzinger, J., not participating.

2016-0910. State v. Hartman.

Montgomery App. No. 26609, 2016-Ohio-2883.

2016-0911. Burton v. Cleveland Hts.-Univ. Hts. 
School Dist.

Cuyahoga App. No. 103415, 2016-Ohio-2841.

2016-0912. State v. Cole.

Cuyahoga App. Nos. 103187, 103188, 103189, 
and 103190, 2016-Ohio-2936.

2016-0913. S.F. v. Watson.

Mahoning App. No. 15 MA 0082, 2016-Ohio-2928. 
O’Donnell, J., dissents.

2016-0915. State v. King.

Muskingum App. No. CT2015-0058, 2016-Ohio-
2788.

2016-0916. State v. Castleberry.

Cuyahoga App. No. 103124, 2016-Ohio-1539.

2016-0918. State v. Rarden.

Butler App. No. CA2015-12-214, 2016-Ohio-3108. 
O’Neill, J., dissents.

2016-0922. Sparks v. Sparks.

Warren App. No. CA2015-10-095, 2016-Ohio-
2896.

2016-0924. State v. Jenkins.

Cuyahoga App. No. 102462, 2015-Ohio-4583.

2016-0927. State v. Dawley.

Fairfield App. No. 15-CA-66, 2016-Ohio-2904. 
Kennedy, J., dissents.

2016-0932. AWL Transport, Inc. v. Ohio Dept. of 
Job & Family Servs.

Franklin App. No. 15 AP-674, 2016-Ohio-2954. 
O'Donnell, J., dissents.

2016-0933. State v. Goodson.

Cuyahoga App. Nos. 101830 and 101831, 2016-
Ohio-1535. O’Donnell, J., dissents.

2016-0939. Lee v. Ellison.

Hamilton App. No. C-150580.

2016-0941. State v. Brown.

Scioto App. No. 13CA3585, 2016-Ohio-1453.

2016-0944. Withintime, Inc. v. Cuyahoga Cty. 
Fiscal Officer.

Cuyahoga App. No. 103482, 2016-Ohio-2944. 
Pfeifer, J., dissents.

2016-0948. State v. Harris.

Cuyahoga App. No. 103807, 2016-Ohio-3071.

2016-0950. State v. Skipworth.

Cuyahoga App. No. 103701, 2016-Ohio-3069.

2016-0977. State v. Owens.

Lucas App. No. L-15-1215, 2016-Ohio-3092.

2016-0985. State v. Rodriguez.

Mahoning App. No. 16 MA 0046.

2016-0986. State v. Payne.

Summit App. No. 27947, 2016-Ohio-2819.

2016-0989. State v. Morales.

Summit App. No. 27765, 2016-Ohio-3313.

2016-0992. Gordon v. Ohio Dept. of Rehab. & 
Corr.

Franklin App. No. 15AP-1081, 2016-Ohio-3142.

2016-0997. State v. Roberts.

Hamilton App. No. C-150293.

2016-1007. State v. Ladson.

Cuyahoga App. No. 103361, 2016-Ohio-3455.

2016-1018. State v. Sanchez.

Cuyahoga App. No. 103078, 2016-Ohio-3167. 
O’Donnell, J., dissents.

2016-1019. State v. Sherrer. 
Greene App. No. 2015-CA-40, 2016-Ohio-3198. 

2016-1028. State v. Melhado.

Franklin App. No. 15AP-960.

2016-1125. State v. Trem.

Cuyahoga App. No. 102894, 2016-Ohio-4952.

2016-1156. State v. Lackey.

Montgomery App. No. 26293.

RECONSIDERATION OF PRIOR DECISIONS

2013-1619. State v. Mole.

Cuyahoga App. No. 98900, 2013-Ohio-3131. 
Reported at __ Ohio St.3d __, 2016Ohio-5124, __ 
N.E.3d __. On motion for reconsideration. Motion 
denied.

O’Donnell, Kennedy, and French, JJ., dissent.

2015-0132. Link v. FirstEnergy Corp.

Cuyahoga App. No. CA-14-101286, 2014-Ohio-
5432. Reported at __ Ohio St.3d __, 2016-Ohio-
5083, __ N.E.3d __. On motion for 
reconsideration. Motion denied.

Pfeifer, O’Donnell, and O’Neill, JJ., dissent.

2015-1470. State ex rel. Ford v. Ruehlman.

In Mandamus and Prohibition. Reported at __ 
Ohio St.3d __, 2016-Ohio-3529, __ N.E.3d __. On 
emergency motion for reconsideration of 
intervenors Stanley M. Chesley and Waite, 
Schneider, Bayless & Chesley Co., L.P.A. Motion 
denied.

Pfeifer and O’Donnell, JJ., dissent.

2016-0268. State ex rel. McIntyre v. Ninth Dist. 
Court of Appeals.

In Mandamus. Reported at 146 Ohio St.3d 1466, 
2016-Ohio-5108, 54 N.E.3d 1266. On motion for 
reconsideration. Motion denied.

O’Connor, C.J., not participating.

2016-0409. State ex rel. Wilson v. Robinson.

In Habeas Corpus. Reported at 146 Ohio St.3d 
1466, 2016-Ohio-5108, 54 N.E.3d 1266. On 
motion for reconsideration. Motion denied.

2016-0502. Appenzeller v. Miller.

In Habeas Corpus. Reported at 146 Ohio St.3d 
1466, 2016-Ohio-5108, 54 N.E.3d 1266. On 
motion for reconsideration. Motion denied.

2016-0586. Shuerman v. Eastwood Local School 
Dist. Bd. of Edn.

Wood App. No. WD-15-044, 2016-Ohio-846. 
Reported at 146 Ohio St.3d 1470, 2016-Ohio-
5108, 54 N.E.3d 1269. On motion for 
reconsideration. Motion denied.

Pfeifer and O’Neill, JJ., dissent.

2016-0675. State v. Lonero.

Lucas App. No. L-14-1229, 2016-Ohio-1113. 
Reported at 146 Ohio St.3d 1472, 2016-Ohio-
5108, 54 N.E.3d 1270. On motion for 
reconsideration. Motion granted. Discretionary 
appeal accepted and cause held for decision in 
2016–0215, State v. Grimes, and briefing 
schedule stayed.

Pfeifer, O’Donnell, and French, JJ., dissent.

2016-0774. Wilson v. Bracy.

In Habeas Corpus. Reported at 146 Ohio St.3d 
1467, 2016-Ohio-5108, 54 N.E.3d 1267. On 
motion for reconsideration. Motion denied.





CASE ANNOUNCEMENTS 
October 4, 2016 

[Cite as 10/04/2016 Case Announcements, 2016-
Ohio-7180.]

MERIT DECISIONS WITH OPINIONS

2014-1594. Jefferson Industries Corp. v. Madison 
Cty. Bd. of Revision, Slip Opinion No. 2016-Ohio-
7089.

Board of Tax Appeals, No. 2012-3624. Decision 
vacated and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

AFFIDAVITS OF DISQUALIFICATION

16-AP-022. In re Disqualification of Giulitto, 2016-
Ohio-7033 (decided May 3, 2016).

16-AP-027. In re Disqualification of Tyack, 2016-
Ohio-7087 (decided May 4, 2016).

16-AP-037. In re Disqualification of Rastatter, 
2016-Ohio-7088 (decided May 25, 2016).

MOTION AND PROCEDURAL RULINGS

2011-0857. State v. Obermiller.

Cuyahoga C.P. No. CR542119. This cause came 
on for further consideration upon appellant’s filing 
of a motion for appointment of counsel.

Upon consideration of appellant’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and Dennis L. Sipe is 
appointed to represent appellant for the purpose 
of filing an application to reopen his direct appeal 
pursuant to S.Ct.Prac.R. 11.06.

2

10-04-2016





CASE ANNOUNCEMENTS 
October 3, 2016 

[Cite as 10/03/2016 Case Announcements, 2016-
Ohio-7123.]

MISCELLANOUS DISMISSALS

2016-1126. State ex rel. Maglis v. Indus. Comm.

Franklin App. No. 15AP-648, 2016-Ohio-4644. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County. The records of this court indicate that 
appellant has not filed a merit brief, due 
September 28, 2016, in compliance with the 
Rules of Practice of the Supreme Court of Ohio 
and therefore has failed to prosecute this cause 
with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.





CASE ANNOUNCEMENTS 
September 30, 2016 

[Cite as 09/30/2016 Case Announcements, 2016-
Ohio-7074.]

MOTION AND PROCEDURAL RULINGS

2016-0271. State v. Polk.

Franklin App. No. 14AP-787, 2016-Ohio-28. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Marsha L. Levick, it is ordered by 
the court that the motion is granted. Pursuant to 
Gov.Bar

R. XII(4), counsel shall file a notice of permission 
to appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days of the 
date of this entry.

2016-1207. Weber v. Ferrellgas, Inc.

Trumbull App. No. 2015-T-0071, 2016-Ohio-4738. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon review of the amended motion for 
admission pro hac vice of Brent N. Coverdale, it 
appears that the motion is deficient, and therefore 
it is ordered by the court that Brent N. Coverdale 
shall file an amended motion for pro hac vice 
admission that complies with S.Ct.Prac.R. 2.02(B)
(1) and has attached to the motion a certificate of 
registration from the Office of Attorney Services.

2016-1325. In re Application of Ohio Edison Co. 
to Provide for a Std. Serv. Offer in the Form of an 
Elec. Sec. Plan.

Public Utilities Commission, No. 14-1297-EL-
SSO. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the motion of Ohio Edison 
Company, the Cleveland Electric Illuminating 
Company, and the Toledo Edison Company for 
leave to intervene as appellees, it is ordered by 
the court that the motion is granted.

Upon consideration of the joint motion to stay the 
briefing schedule, it is ordered by the court that 
the motion is granted.

DISCIPLINARY CASES

2015-1423. Disciplinary Counsel v. Coriell.

It is ordered by this court, sua sponte, that 
Jennifer Lynn Coriell, Attorney Registration No. 
0072791, last known business address in 
Delaware, Ohio, is found in contempt for failure to 
comply with this court’s order of May 12, 2016, to 
wit: failure to file an affidavit of compliance on or 
before June 13, 2016.

2016-0808. Lorain Cty. Bar Assn. v. Provenza.

It is ordered by this court, sua sponte, that Mark 
Russell Provenza, Attorney Registration No. 
0022490, last known business address in Lorain, 
Ohio, is found in contempt for failure to comply 
with this court’s order of June 2, 2016, to wit: 
failure to file an affidavit of compliance on or 
before July 5, 2016.

2 09-30-16




  CASE ANNOUNCEMENTS September 27, 2016
[Cite as 09/27/2016 Case Announcements, 2016-
Ohio-6988.]
MOTION AND PROCEDURAL RULINGS
2016-1223. State v. Thompson.
Wayne App. No. 15AP0016, 2016-Ohio-4689. 
This cause is pending before the court as a 
jurisdictional appeal.
Upon consideration of appellee’s motion to strike 
memorandum in support of jurisdiction, it is 
ordered by the court that the motion is denied. 
Appellee may file a memorandum in response to 
jurisdiction within 30 days of the date of this entry.
 






CASE ANNOUNCEMENTS 
September 26, 2016 

[Cite as 09/26/2016 Case Announcements, 2016-
Ohio-6965.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF SEPTEMBER 26, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the September 26, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2011-0890. State ex rel. DeWine v. GMAC Mtge., 
L.L.C., 146 Ohio St.3d 393, 2016-Ohio-985.

2014-0941. State v. Shabazz, 146 Ohio St.3d 
404, 2016-Ohio-1055. 2014-1036. Westerville City 
Schools Bd. of Edn. v. Franklin Cty. Bd. of 
Revision, 146 Ohio St.3d 412, 2016-Ohio-1506.

2014-1462. Whetstone v. Binner, 146 Ohio St.3d 
395, 2016-Ohio-1006.
2015-0286. Cincinnati Bar Assn. v. Ball, 146 Ohio 
St.3d 382, 2016-Ohio-785.
2015-0540. In re Application of Swendiman, 146 
Ohio St.3d 444, 2016-Ohio

2813. 
2015-0619. In re Von, 146 Ohio St.3d 448, 2016-
Ohio-3020. 
2015-0622. State ex rel. Nye v. Coates, 146 Ohio 
St.3d 426, 2016-Ohio-1559. 
2015-0782. State ex rel. Morgan v. Fais, 146 Ohio 
St.3d 428, 2016-Ohio-1564.

2015-0846. State ex rel. Dawson v. Summit Cty. 
Court of Common Pleas, 146 Ohio St.3d 435, 
2016-Ohio-1597.

2015-0907. State ex rel. Abraitis v. Gallagher, 146 
Ohio St.3d 437, 2016-Ohio1598.

2015-1001. Disciplinary Counsel v. Thomas, 146 
Ohio St.3d 429, 2016-Ohio1582.

2015-1398. State ex rel. Rudert v. Collier, 146 
Ohio St.3d 441, 2016-Ohio1600.

2015-1632. Erie-Huron Cty. Bar Assn. v. Smith, 
146 Ohio St.3d 390, 2016Ohio-881.

15-AP-061. In re Disqualification of Fragale, 146 
Ohio St.3d 1275, 2015-Ohio5685.

MOTION AND PROCEDURAL RULINGS

2016-0506. Merriweather v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-456. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

DISCIPLINARY CASES

2016-0032. Trumbull Cty. Bar Assn. v. Bellew.

On certification of default. Timothy Eric Bellew, 
Attorney Registration No. 0067573, is hereby 
indefinitely suspended from the practice of law in 
Ohio.

2 09-26-16

2016-1261. In re Resignation of Gussler.

On application for resignation of Stephanie Gail 
Gussler, Attorney Registration No. 0059803, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

3 09-26-16





CASE ANNOUNCEMENTS 
September 23, 2016 

[Cite as 09/23/2016 Case Announcements, 2016-
Ohio-5955.]

MOTION AND PROCEDURAL RULINGS

2010-0256. In re C.E.M.

Hamilton App. No. C081233. This cause came on 
for further consideration upon the filing of the 
“motion of juvenile-appellant to restrict public 
access to all documents filed in case No. 2010-
0256 pursuant to Sup.R. 45(E).” It is ordered by 
the court that the motion is granted in part.

It is further ordered that counsel for appellant shall 
come to the clerk’s office within 14 days of the 
date of this order and redact the full name of 
appellant in all the documents in the case and 
replace it with appellant’s initials. The redactions 
will also pertain to the remote access to the 
documents.

MEDIATION MATTERS

2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus. The court hereby returns this case 
to the regular docket under S.Ct.Prac.R. 19.01. 
Respondents shall file a response to the 
complaint within 21 days of the date of this entry.





CASE ANNOUNCEMENTS 
September 22, 2016 

[Cite as 09/22/2016 Case Announcements #2, 
2016-Ohio-5922.]

MERIT DECISIONS WITH OPINIONS

2016-1277. State ex rel. Sensible Norwood v. 
Hamilton Cty. Bd. of Elections, Slip Opinion No. 
2016-Ohio-5919.

In Mandamus. Writ denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.





CASE ANNOUNCEMENTS 
September 22, 2016 

[Cite as 09/22/2016 Case Announcements, 2016-
Ohio-5915.]

DISCIPLINARY CASES

2011-2042. Disciplinary Counsel v. Ford.

On application for reinstatement. George Cook 
Ford III, Attorney Registration No. 0011982, is 
hereby reinstated to the practice of law.

2014-0192. Cleveland Metro. Bar Assn. v. Bancsi.

On application for reinstatement. Joseph Bancsi, 
Attorney Registration No. 0025450, is hereby 
reinstated to the practice of law.

2014-1738. Toledo Bar Assn. v. DeMarco.

On application for reinstatement. Robert Paul 
DeMarco, Attorney Registration No. 0031530, is 
hereby reinstated to the practice of law.





CASE ANNOUNCEMENTS 
September 20, 2016 

[Cite as 09/20/2016 Case Announcements #3, 
2016-Ohio-5897.]

MOTION AND PROCEDURAL RULINGS

2016-0763. State ex rel. Anderson v. Derryberry.

In Prohibition. This matter came on for further 
consideration upon the filing by relators of a 
motion for reconsideration.

It is hereby ordered by the court, sua sponte, that 
all proceedings in the case captioned In the 
Matter of M.A.S., case No. 2014 JG 31779, in the 
Allen County Juvenile Court are stayed pending 
resolution of relators’ motion for reconsideration.





CASE ANNOUNCEMENTS 
September 20, 2016 

[Cite as 09/20/2016 Case Announcements #2, 
2016-Ohio-5890.]

MERIT DECISIONS WITHOUT OPINIONS

2016-1370. State ex rel. Cairo v. Martin.

In Prohibition. Writ denied. Stay denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.





CASE ANNOUNCEMENTS 
September 20, 2016 

[Cite as 09/20/2016 Case Announcements, 2016-
Ohio-5888.]

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1328. Store Master Funding VI, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Apppeals, Nos. 2015-1492 and 
2015-1493.

2016-1334. State ex rel. Gwiazda v. Indus. 
Comm.

Franklin App. No. 15AP-882, 2016-Ohio-5153.

2016-1342. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-2099.





CASE ANNOUNCEMENTS 
September 19, 2016 

[Cite as 09/19/2016 Case Announcements #2, 
2016-Ohio-5881.]

MERIT DECISIONS WITH OPINIONS

2016-0614. State ex rel. Jacquemin v. Union Cty. 
Bd. of Elections, Slip Opinion No. 2016-Ohio-
5880.

In Mandamus and Prohibition. Writ of mandamus 
granted.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.





CASE ANNOUNCEMENTS 
September 19, 2016 

[Cite as 09/19/2016 Case Announcements, 2016-
Ohio-5873.]

MISCELLANEOUS DISMISSALS

2016-0638. State v. Blair.

In Habeas Corpus. This cause originated in this 
court on the filing of a petition for a writ of habeas 
corpus.

Upon consideration of petitioner’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2016-1065. State v. Blair.

In Habeas Corpus. This cause originated in this 
court on the filing of a petition for a writ of habeas 
corpus.

Upon consideration of petitioner’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





CASE ANNOUNCEMENTS 
September 16, 2016 

[Cite as 09/16/2016 Case Announcements #3, 
2016-Ohio-5874.]

MOTION AND PROCEDURAL RULINGS

2016-1370. State ex rel. Cairo v. Martin.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition 
involving termination of parental rights/adoption.

It is ordered by the court, sua sponte, that 
respondent shall file a response to the complaint 
no later than 3:00 p.m. on Monday, September 
19, 2016.





CASE ANNOUNCEMENTS 
September 16, 2016 

[Cite as 09/16/2016 Case Announcements #2, 
2016-Ohio-5865]

MERIT DECISIONS WITH OPINIONS

2016-1241. State ex rel. Ganoom v. Franklin Cty. 
Bd. of Elections.

In Mandamus. Motion for leave to amend 
mandamus affidavit granted. Writ

granted in part and denied in part. Pfeifer, French, 
and O’Neill, JJ., concur. O’Connor, C.J., concurs, 
with an opinion. Lanzinger and Kennedy, JJ., 
concur in judgment only. O’Donnell, J., dissents, 
with an opinion.





CASE ANNOUNCEMENTS 
September 16, 2016 

[Cite as 09/16/2016 Case Announcements, 2016-
Ohio-5856.]

DISCIPLINARY CASES

2016-1291. Columbus Bar Assn. v. Simonette.

This cause is pending before the court upon the 
filing of a motion for contempt by relator, 
Columbus Bar Association.

Upon consideration thereof, it is ordered by this 
court that respondent, David

G. Simonette, show cause by filing a written 
response with the clerk of this court on or before 
ten days from the date of this order why 
respondent should not be held in contempt.

MISCELLANEOUS DISMISSALS

2015-1012. State ex rel. Lakewood Senior 
Campus, L.L.C. v. Carpenter.

Franklin App. No. 14AP-587, 2015-Ohio-1732. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County.

Upon consideration of the joint application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.






CASE ANNOUNCEMENTS 
September 15, 2016 

[Cite as 09/15/2016 Case Announcements, 2016-
Ohio-5825.]

MERIT DECISIONS WITH OPINIONS

2014-0803. Walker v. Shondrick-Nau, Slip Opinion 
No. 2016-Ohio-5793.

Noble App. No. 13 NO 402, 2014-Ohio-1499. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., dissents, with an opinion.

O’Neill, J., dissents, with an opinion.

2014-0804. Corban v. Chesapeake Exploration, 
L.L.C., Slip Opinion No. 2016-Ohio-5796.

Certified Question of State Law, United States 
District Court, Southern District of Ohio, Eastern 
Division, No. 2:13-cv-246. First certified question 
answered in the affirmative. Second certified 
question answered in the negative.

O’Connor, C.J, and O’Donnell and French, JJ., 
concur.

Lanzinger, J., concurs in judgment only.

Kennedy, J., concurs in judgment only as to the 
first certified question and concurs as to the 
second certified question, with an opinion.

Pfeifer, J., dissents as to the first certified question 
and concurs as to the second certified question, 
with an opinion joined by O’Neill, J.

2014-1208 and 2014-1209. Swartz v. 
Householder, Slip Opinion No. 2016Ohio-5817.

Jefferson App. Nos. 13 JE 24 and 13 JE 25, 
2014-Ohio-2359. Judgments reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2014-1655. Dahlgren v. Brown Farm Properties, 
L.L.C., Slip Opinion No. 2016-Ohio-5818.

Carroll App. No. 13 CA 896, 2014-Ohio-4001. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2014-1767. Eisenbarth v. Reusser, Slip Opinion 
No. 2016-Ohio-5819.

Monroe App. No. 13 MO 10, 2014-Ohio-3792. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2014-1886. Taylor v. Crosby, Slip Opinion No. 
2016-Ohio-5820.

Belmont App. No. 13 BE 32, 2014-Ohio-4433. 
Judgment affirmed and cause remanded.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2014-1909. Farnsworth v. Burkhart, Slip Opinion 
No. 2016-Ohio-5816.

Monroe App. No. 13 MO 14, 2014-Ohio-4184. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., concurs in judgment only, with an 
opinion.

Pfeifer, J., dissents.

2014-1966. Tribett v. Shepherd, Slip Opinion No. 
2016-Ohio-5821.

Belmont App. No. 13 BE 32, 2014-Ohio-4320. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2014-2051. Wendt v. Dickerson, Slip Opinion No. 
2016-Ohio-5822.

Tuscarawas App. No. 2014 AP 01 0003, 2014-
Ohio-4615. Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2 09-15-16

2015-0120 and 2015-0121. Albanese v. Batman, 
Slip Opinion No. 2016-Ohio5814.

Belmont App. No. 14 BE 22, 2014-Ohio-5517, and 
14 BE 2, 2014-Ohio-5500. Judgments affirmed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., concurs in judgment only, with an 
opinion joined by O’Neill, J.

2015-0195. Thompson v. Custer, Slip Opinion No. 
2016-Ohio-5823.

Trumbull App. No. 2014-T-0052, 2014-Ohio-5711. 
Judgment reversed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

2015-0235. Carney v. Shockley, Slip Opinion No. 
2016-Ohio-5824.

Jefferson App. No. 14 JE 8, 2014-Ohio-5829. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer and O’Neill, JJ., dissent.

MOTION AND PROCEDURAL RULINGS

2015-0323. Steak N Shake, Inc. v. Warren Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2013-6104. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2016-1213. WCI, Inc. v. Ohio State Liquor Control 
Comm.

Franklin App. No. 16AP-72, 2016-Ohio-4778. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of Luke Lirot, it is ordered by the 
court that the motion is granted. Pursuant to 
Gov.Bar R. XII(4), counsel shall file a notice of 
permission to appear pro hac vice with the

3 09-15-16

Supreme Court’s Office of Attorney Services 
within 30 days of the date of this entry.

4 09-15-16





CASE ANNOUNCEMENTS 
September 14, 2016 

[Cite as 09/14/2016 Case Announcements #2, 
2016-Ohio-5815.]

RECONSIDERATION OF PRIOR DECISIONS

2016-1164. State ex rel. Jones v. Husted.

In Mandamus. Reported at __ Ohio St.3d __, 
2016-Ohio-5681, __ N.E.3d __. On motion for 
reconsideration. Motion denied.





CASE ANNOUNCEMENTS 
September 13, 2016 

[Cite as 09/13/2016 Case Announcements #2, 
2016-Ohio-5795.]

MERIT DECISIONS WITH OPINIONS

2016-1247. State ex rel. Coover v. Husted.

In Mandamus. Writ denied. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, and French, JJ., 
concur. Kennedy, J., concurs in judgment only. 
O’Neill, J., dissents, with an opinion.






CASE ANNOUNCEMENTS 
September 14, 2016 

[Cite as 09/14/2016 Case Announcements, 2016-
Ohio-5792.]

MERIT DECISIONS WITH OPINIONS

2015-1107. State v. Anderson, Slip Opinion No. 
2016-Ohio-5791.

Mahoning App. No. 11 MA 43, 2015-Ohio-2029. 
Judgment affirmed and cause

remanded.

O’Donnell, Kennedy, and French, JJ., concur.

O’Connor, C.J., concurs in judgment only.

Lanzinger, J., concurs in judgment only, with an 
opinion joined by Pfeifer, J.

O’Neill, J., dissents.

2015-1670. State ex rel. Bunting v. Styer, Slip 
Opinion No. 2016-Ohio-5781.

Tuscawaras App. No. 2014 AP 12 0054, 2015-
Ohio-3662. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1755. State ex rel. Poulton v. Cottrill, Slip 
Opinion No. 2016-Ohio-5789.

Muskingum App. No. CT2015-0014, 2015-Ohio-
3857. Judgment affirmed and motions denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1974. State ex rel. Steele v. Eppinger, Slip 
Opinion No. 2016-Ohio-5790.

Lorain App. No. 15CA010810. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-0955. State ex rel. Russell v. Clark Cty. 
Court of Common Pleas.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0957. State ex rel. Russell v. Clark Cty. 
Sheriff.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, and Kennedy, JJ., 
concur. French and O’Neill, JJ., dissent.

2016-0971. State ex rel. Bradford v. First Dist. 
Court of Appeals Judges.

In Prohibition. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0991. Brown v. Williams.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-1069. State ex. rel. Shearer v. Britt.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination, cause dismissed without prejudice. 
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2015-1754. Freedom Mtge. Corp. v. Robbins.

Hamilton App. No. C-140475. On motion on 
decision of merits of case. Motion denied.

2016-0875. State v. Parks.

Highland App. No. 16CA3. On motion for 
emergency stay. Motion denied.

2016-0885. State v. Wilson.

Cuyahoga App. No. 102921, 2016-Ohio-2718. On 
motion for delayed cross-appeal. Motion denied.

Pfeifer and O’Neill, JJ., dissent.

2016-1013. Stewart v. Vivian.

Clermont App. No. CA2015-05-039, 2016-Ohio-
2892. On review of order certifying a conflict. The 
court determines that a conflict exists. The parties 
are to brief the issue stated at page 2 of the court 
of appeals’ entry filed July 7, 2016:

“Whether a health care provider's statements of 
fault or statements admitting liability made during 
the course of apologizing or commiserating with a 
patient or the patient's family are prohibited from 
admission of evidence in a civil action under 
Ohio's apology statute, R.C. 2317.43.”

The conflict case is Davis v. Wooster 
Orthopaedics and Sports Med., Inc., 193 Ohio 
App.3d 581, 2011-Ohio-3199 (9th Dist.).

It is ordered by the court that the clerk shall issue 
an order for the transmittal of the record from the 
Court of Appeals for Clermont County.

O’Donnell and French, JJ., dissent.

2016-1039. State v. Crider.

Allen App. No. 1-13-20, 2014-Ohio-2240. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-1052. State v. Malone.

Hamilton App. No. C-160388. On motion for leave 
to file delayed appeal. Motion denied.

Lanzinger and O’Neill, JJ., dissent.

2016-1057. Jabr v. Ohio Dept. of Job & Family 
Servs.

Franklin App. No. 15AP-1141, 2016-Ohio-4775. 
On motion for stay and for expedited decisions. 
Motion denied.

2016-1058. Jabr v. Ohio Dept. of Taxation.

Franklin App. No. 16AP-26, 2016-Ohio-4776. On 
motion for stay and for expedited decisions. 
Motion denied.

O’Neill, J., dissents.

2016-1063. State v. Herrington.

Summit App. No. 27773. On motion for leave to 
file delayed appeal. Motion denied.

2016-1064. State v. Gilliam.

Pickaway App. Nos. 15CA19 and 15CA20, 2016-
Ohio-2950. On motion for leave to file delayed 
appeal. Motion denied.

Pfeifer, J., dissents.

2016-1066. State v. Patterson.

Cuyahoga App. No. 101415, 2015-Ohio-873. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-1084. Mentor Way Real Estate Partnership 
v. Hertanu.

Cuyahoga App. No. 103267, 2016-Ohio-4692. On 
motion for stay of execution of court of appeals’ 
judgment. Motion denied.

French, J., dissents.

2016-1087. State v. Lewis.

Mahoning App. No. 15MA0071, 2016-Ohio-2716. 
On motion for leave to file delayed appeal. Motion 
denied.

2016-1112. State v. Allen.

Warren App. No. CA2014-03-048, 2015-Ohio-
5752. On motion for leave to file delayed appeal. 
Motion denied.

2016-1113. State v. Lewis.

Mahoning App. No. 07 MA 0199. On motion for 
leave to file delayed appeal. Motion denied.

O’Connor, C.J. dissents.

APPEALS ACCEPTED FOR REVIEW

2016-0704. Koprivec v. Rails-to-Trails of Wayne 
Cty.

Wayne App. No. 15AP0006, 2016-Ohio-1141. 
Discretionary appeal and cross-appeal accepted.

O’Connor, C.J., dissents, and would not accept 
the appeal or the cross-appeal.

O’Donnell, J., dissents, and would not accept the 
cross-appeal.

Kennedy and French, JJ., dissent, and would not 
accept the appeal.

2016-0789. State v. Zimmerman.

Clark App. Nos. 2015-CA-62 and 2015-CA-63, 
2016-Ohio-1475. Discretionary appeal accepted 
and held for decision in 2016-0317, State v. 
Anderson, and briefing schedule stayed.

O’Donnell and Kennedy, JJ., dissent.

2016-0790. Johnson v. Montgomery.

Montgomery App. Nos. 26319 and 26322, 2016-
Ohio-1472. O’Connor, C.J., and Kennedy and 
French, JJ., dissent.

2016-0930. State v. Banks-Harvey.

Warren App. No. CA2015-08-073, 2016-Ohio-
2894. O’Connor, C.J., and Pfeifer and Lanzinger, 
JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0403. State v. Marcum.

Preble App. No. CA2015-04-011, 2016-Ohio-263.

2016-0608. State v. Richard.

Hamilton App. No. C-150325.

2016-0739. State v. Curtis.

Hamilton App. No. C-150174, 2016-Ohio-1318. 
Discretionary appeal and cross-appeal not 
accepted.

2016-0769. State v. Hicks.

Greene App. No. 2015-CA-20, 2016-Ohio-1420.

2016-0773. State v. Gray.

Montgomery App. No. 26139, 2016-Ohio-1419.

2016-0775. State v. Edwards.

Mahoning App. No. 16 MA 0027. O’Donnell, J., 
dissents.

2016-0783. State v. Francis.

Fairfield App. No. 15-CA-31, 2016-Ohio-1459.

2016-0786. In re K.Z.-P.

Wood App. Nos. WD-15-014, WD-15-015, and 
WD-15-016. O’Donnell, J., dissents.

2016-0787. Prewitt v. Wood Cty. Prosecutor’s 
Office.

Wood App. No. WD-15-029, 2016-Ohio-1477. 
Motions to dismiss denied as moot.

2016-0793. State v. Perander.

Montgomery App. No. 26790, 2016-Ohio-1474.

2016-0794. State v. Graves.

Lucas App. No. L-15-1226.

2016-0798. Kaminsky v. New Horizons Computer 
Learning Ctr. of Cleveland.

Cuyahoga App. No. 103416, 2016-Ohio-1468.

2016-0802. Albert v. United Parcel Serv. of Am., 
Inc.

Cuyahoga App. No. 103163, 2016-Ohio-1541. 
Pfeifer, J., dissents.

2016-0803. Webster v. Shaw.

Wyandot App. No. 16-15-08.

2016-0805. Black v. Hicks.

Cuyahoga App. No. 104461. Motion for sanctions 
denied.

2016-0806. State Farm Mut. Auto. Ins. Co. v. 
Schalk.

Montgomery App. No. 26573, 2016-Ohio-732. 
O’Donnell, Kennedy, and French, JJ., dissent.

2016-0809. Pontius v. Riverside Radiology & 
Interventional Assocs., Inc.

Franklin App. No. 15AP-906, 2016-Ohio-1515. 
O’Donnell, Kennedy, and French, JJ., dissent.

2016-0814. State v. Lytle.

Franklin App. No. 15AP-556, 2016-Ohio-1552. 
O’Donnell, J., dissents.

2016-0815. State v. Almedom.

Franklin App. No. 15AP-852, 2016-Ohio-1553. 
O’Donnell and French, JJ., dissent.

2016-0817. State v. Gall.

Montgomery App. Nos. 26240 and 26245, 2016-
Ohio-1562.

2016-0818. Bodegas LAN S.A. v. European Wine 
Imports, Inc.

Cuyahoga App. No. 103871.

2016-0819. State v. Mehanny.

Lucas App. No. L-15-1141, 2016-Ohio-2867. 
Lanzinger, J., not participating.

2016-0820. State v. Cortez.

Licking App. No. 16CA0018.

2016-0825. State v. Clark.

Clark App. No. 2015-CA-23, 2016-Ohio-1560.

2016-0828. Bank of New York Mellon v. 
McMasters.

Lake App. No. 2015-L-068, 2016-Ohio-1588. 
O’Neill, J., dissents.

2016-0830. Gehrke v. Senkiw.

Montgomery App. No. 26829, 2016-Ohio-2657. 
O’Neill, J., dissents.

2016-0831. Aurora Bank F.S.B. v. Gordon.

Cuyahoga App. No. 103074, 2016-Ohio-935.

2016-0832. State v. Pence.

Ross App. No. 14CA3473, 2016-Ohio-2880.

2016-0833. Thompson v. Buckeye Joint 
Vocational School Dist.

Tuscarawas App. No. 2015 AP 08 0047, 2016-
Ohio-2804. Kennedy, J., dissents.

2016-0834. Cleveland v. Cleveland Police 
Patrolmen’s Assn.

Cuyahoga App. No. 103456, 2016-Ohio-2635.

2016-0835. Chase Home Fin., L.L.C. v. Pfaffl.

Hamilton App. No. C-150483, 2016-Ohio-2621. 
O’Neill, J., dissents.

2016-0836. State v. Phelps.

Cuyahoga App. No. 103206, 2016-Ohio-2631.

2016-0838. State v. Ojezua.

Montgomery App. No. 26787, 2016-Ohio-2659.

2016-0841. State v. Webster.

Cuyahoga App. No. 102833, 2016-Ohio-2624. 
O’Neill, J., dissents and would accept the appeal 
on Proposition of Law No.

II.

2016-0844. State v. Hogan.

Lucas App. No. L-14-1207.

2016-0849. State v. Hartley.

Franklin App. No. 15AP-192, 2016-Ohio-2854. 
Lanzinger, J., dissents.

2016-0850. State v. Garner.

Cuyahoga App. No. 102816, 2016-Ohio-2623.

2016-0860. Agee v. Cuyahoga Cty.

Cuyahoga App. No. 103464, 2016-Ohio-2728.

2016-0868. State v. Hendrix.

Hamilton App. No. C-150194 and C-150200, 
2016-Ohio-2697. O’Neill, J., dissents.

2016-0878. State v. Withrow.

Clark App. No. 2015-CA-24, 2016-Ohio-2884.

2016-0879. State v. Moore.

Stark App. No. 2015CA00137, 2016-Ohio-1339.

2016-0881. State v. Dennard.

Lorain App. No. 15CA010743, 2016-Ohio-2760.

2016-0883. State v. Banks.

Franklin App. No. 15AP-653, 2016-Ohio-5372.

2016-0887. Salim v. Smith.

Lorain App. No. 15CA010790, 2016-Ohio-2764.

2016-0897. Gianetti v. Teakwood, Ltd.

Franklin App. No. 15AP-413, 2016-Ohio-213.

2016-0931. Stewart v. Vivian.

Clermont App. No. CA2015-05-039, 2016-Ohio-
2892.

O’Connor, C.J., dissents and would accept the 
appeal on Proposition of Law No. I.

Pfeifer and O’Neill, JJ., dissent.

2016-0938. State v. Ahlers.

Butler App. No. CA2015-06-100, 2016-Ohio-2890.

2016-0956. State v. Myers.

Wood App. No. WD-15-017. Motion to expand the 
record and Second motion to expand the record 
denied as moot.

2016-1043. State v. Hedenberg.

Cuyahoga App. No. 102112, 2016-Ohio-3318.

RECONSIDERATION OF PRIOR DECISIONS

2016-0668. Chase Home Fin., L.L.C. v. 
Lindenmayer.

Licking App. No. 15-CA-32, 2016-Ohio-1202. 
Reported at 146 Ohio St.3d 1472, 2016-Ohio-
5108, 54 N.E.3d 1270. On motion for 
reconsideration. Motion denied.

2016-0959. Parks v. Parks.

Butler App. No. CA2015-12-223, 2016-Ohio-3218. 
Reported at 146 Ohio St.3d 1463, 2016-Ohio-
5010, 54 N.E.3d 1263. On motion for 
reconsideration. Motion denied.

2016-0996. State v. Bradley.

Scioto App. No. 15CA3721, 2016-Ohio-3245. 
Reported at 146 Ohio St.3d 1464, 2016-Ohio-
5021, 54 N.E.3d 1264. On motion for 
reconsideration. Motion denied.






CASE ANNOUNCEMENTS 
September 13, 2016 

[Cite as 09/13/2016 Case Announcements, 2016-
Ohio-5782.]

MERIT DECISIONS WITH OPINIONS

2010-2198. State v. McKelton, Slip Opinion No. 
2016-Ohio-5735.

Butler C.P. No. CR2010-02-0189. Judgment 
affirmed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., concurs in part and dissents in part, 
with an opinion.

O’Neill, J., concurs in part and dissents in part, 
with an opinion.

2015-0197. State ex rel. Pietrangelo v. Avon Lake, 
Slip Opinion No. 2016Ohio-5725.

In Mandamus. Writ denied.

O’Connor, C.J., and Pfeifer, O’Donnell, and 
O’Neill, JJ., concur.

Lanzinger, J., concurs in judgment only.

Kennedy, J., concurs in part and dissents in part, 
with an opinion joined by French, J.

2015-2000. Disciplinary Counsel v. Kramer, Slip 
Opinion No. 2016-Ohio5734.

On Certified Report by the Board of Professional 
Conduct, No. 2014-104. Roger Stephen Kramer, 
Attorney Registration No. 0019210, is hereby 
suspended from the practice of law for one year, 
with the entire suspension stayed on conditions.

O’Connor, C.J., and Lanzinger and O’Neill, JJ., 
concur.

French, J., concurs in judgment only.

Kennedy, J., dissents, with an opinion joined by 
Pfeifer and O’Donnell, JJ.

MISCELLANEOUS ORDERS

In re Overmyer.

On August 25, 2016, Special Prosecutor Carol 
Hamilton O’Brien presented a request that the 
chief justice establish a special commission of 
three retired judges pursuant to R.C. 3.16(C). 
Pursuant to R.C. 3.16, the special commission 
shall be established by the chief justice, not 
sooner than 14 days after receipt of the request, 
to consider the suspension from public office of 
Kyle Overmyer, Sheriff of Sandusky County, Ohio, 
in relation to felony charges pertaining to official 
conduct in office.

Accordingly, the following three retired judges are 
hereby appointed and directed to proceed as 
provided by R.C. 3.16:

Retired Judge Patrick McGrath

Retired Judge V. Lee Sinclair

Retired Judge John Solovan

Pursuant to R.C. 3.16(C)(1), at least one member 
of the special commission is of the same party as 
the public official and all members of the special 
commission shall receive compensation for their 
services and reimbursement for expenses 
incurred in connection with special commission 
functions, from funds appropriated by the attorney 
general’s office.

It is further ordered that Jesse Mosser, staff 
attorney in the Office of Chief Legal Counsel of 
the Supreme Court of Ohio, shall serve as 
secretary to the special commission, with 
authority to contact the parties, schedule 
hearings, and sign orders on behalf of and at the 
direction of the special commission.

All documents in this matter shall be filed with the 
secretary to the special commission either by mail 
or in another manner directed by the secretary. 
The original and five copies of all documents shall 
be filed. All documents filed with the special 
commission shall also be served on all other 
parties to this matter on the day of filing with the 
secretary.

Pursuant to R.C. 3.16(C)(2), all meetings of the 
special commission shall be closed to the public 
and the records shall not be made available to the 
public for inspection or copying until the special 
commission issues its written report or otherwise 
concludes its proceedings.

2 09-13-16




11 Cases Certified to Attorney Discipline Board
Staff Report | September 13, 2016

The Ohio Board of Professional Conduct today 
announced the certification of 11 cases to the 
board for formal disciplinary proceedings.

In each case, a certified complaint has been sent 
to the respondent, and the respondent has been 
asked to file an answer to the allegations 
contained in the complaint. Once an answer is 
received, the case will be assigned to a three-
member hearing panel of the board, and the 
hearing panel will conduct further proceedings.

Typically, a public hearing is scheduled within four 
to six months after the case is assigned to a 
hearing panel. Please consult the Upcoming 
Hearings Schedule for a monthly list of board 
hearings. Contact the board at 614.387.9370 to 
confirm that a hearing will be held as scheduled or 
for more information about a case. Case 
documents can be obtained via e-mail upon 
request.

If the board finds that a lawyer or judge has 
engaged in professional misconduct, the board 
will file a report with the Ohio Supreme Court that 
includes a recommended sanction. The Supreme 
Court is responsible for reviewing the case record 
and imposing discipline.

To access the complaints in these cases, click on 
the individual case numbers below.

Trumbull County Bar Association, Relator v. 
Joseph Terrence Dull, Respondent
Case No. 2016-027
Respondent’s counsel: Thomas J. Wilson

Columbus Bar Association, Relator v. Joseph 
Dues Reed, Respondent
Case No. 2016-028
Respondent’s counsel: None

Dayton Bar Association, Relator v. Derrick 
Anthony Strahorn, Respondent
Case No. 2016-029
Respondent’s counsel: None

Disciplinary Counsel, Relator v. Andrew Mahlon 
Engel, Respondent
Case No. 2016-030
Respondent’s counsel: William C. Mann

Lorain County Bar Association, Relator v. Anisa 
Asha Williamson, Respondent
Case No. 2016-031
Respondent’s counsel: None

Lorain County Bar Association, Relator v. Heather 
B. Wilsey, Respondent
Case No. 2016-032
Respondent’s counsel: None

Lorain County Bar Association, Relator v. Kenneth 
James Lewis, Respondent
Case No. 2016-033
Respondent’s counsel: Timothy T. Brick & Kevin 
R. Marchaza

Disciplinary Counsel, Relator v. Brian Allan 
Maciak, Respondent
Case No. 2016-035
Respondent’s counsel: Jonathan E. Coughlan

Columbus Bar Association, Relator v. Jeffrey 
Thomas Kluesener, Respondent
Case No. 2016-036
Respondent’s counsel: Jonathan E. Coughlan

Ohio State Bar Association, Relator v. Lance 
Timothy Mason, Respondent
Case No. 2016-037
Respondent’s counsel: None

Lorain County Bar Association, Relator v. James 
Lee Lindon, Respondent
Case No. 2016-038
Respondent’s counsel: None






CASE ANNOUNCEMENTS 
September 12, 2016 

[Cite as 09/12/2016 Case Announcements, 2016-
Ohio-5765.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF SEPTEMBER 12, 
2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the September 12, 2016 
Ohio Official Reports advance sheet. These 
opinions should now be cited using the Ohio 
Official Reports citation format.

2014-0319. State ex rel. Ohio Civ. Serv. Emps. 
Assn. v. State, 146 Ohio St.3d 315, 2016-Ohio-
478.

2014-0998. In re Resignation of Naumoff, 146 
Ohio St.3d 1264, 2014-Ohio3125.

2014-1769. Toledo City School Dist. Bd. of Edn. v. 
State Bd. of Edn., 146 Ohio St.3d 356, 2016-
Ohio-2806.

2014-1778. Geneva Area Recreational, 
Educational & Athletic Trust v. Testa, 146 Ohio 
St.3d 345, 2016-Ohio-2695.

2015-0175. Jefferson v. Bunting, 146 Ohio St.3d 
340, 2016-Ohio-614.

2015-0591. Cleveland Metro. Bar Assn. v. 
Sweeney, 146 Ohio St.3d 335, 2016Ohio-469.

2015-0606. Disciplinary Counsel v. Ruffin, 146 
Ohio St.3d 1267, 2016-Ohio

89.

2015-1004. Disciplinary Counsel v. Jackson, 146 
Ohio St.3d 341, 2016-Ohio1599.

2015-1288. State v. Heinz, 146 Ohio St.3d 374, 
2016-Ohio-2814.

2016-0719. In re Resignation of Albright, 146 
Ohio St.3d 1269, 2016-Ohio3335.

2016-1035. In re King, 146 Ohio St.3d 1272, 
2016-Ohio-4985.

MOTION AND PROCEDURAL RULINGS

2016-0899. State v. Tench.

Medina C.P. No. 14CR0541. This cause is 
pending before the court as an appeal from the 
Court of Common Pleas of Medina County.

Upon consideration of appellant’s motion for 
extension of time to transmit record, it is ordered 
by the court that the motion is granted. The record 
shall be filed no later than October 25, 2016.

2 09-12-16





CASE ANNOUNCEMENTS 
September 9, 2016 

[Cite as 09/09/2016 Case Announcements, 2016-
Ohio-5719.]

MOTION AND PROCEDURAL RULINGS

2016-1316. State ex rel. Alford v. Ohio Adult 
Parole Auth.

Warren App. No. CA2015-11-104. This cause was 
filed as a jurisdictional appeal. Upon consideration 
of appellant’s memorandum in support of 
jurisdiction, it is determined by the court that this 
cause originated in the court of appeals and, 
therefore, should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Warren County and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.

DISCIPLINARY CASES

2016-1082. Disciplinary Counsel v. Bellew.

On certification of default. Timothy Eric Bellew, 
Attorney Registration No. 0067573, is hereby 
suspended from the practice of law for an interim 
period.

2016-1102. Disciplinary Counsel v. Williams.

On certified order of the State of Michigan 
Attorney Discipline Board, No. 16-9JC. Debbie 
Grace Williams, Attorney Registration No. 
0037530, is hereby suspended from the practice 
of law in Ohio for 180 days.

2016-1105. Disciplinary Counsel v. Pearson.

On certified order of the New Hampshire Supreme 
Court Professional Conduct Committee, Nos. 13-
026 and 14-032. Michael Taylor Pearson, Attorney 
Registration No. 0061360, is hereby suspended 
from the practice of law in Ohio for six months, 
fully stayed on conditions.

MISCELLANEOUS DISMISSALS

2016-0371. State ex rel. McLane/Midwest, Inc. v. 
Testa.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2016-1008. Snyder v. Fourth Dist. Court of 
Appeals.

Pike App. No. 16CA870. This cause is pending 
before the court as an appeal from the Court of 
Appeals for Pike County. The records of this court 
indicate that appellant has not filed a merit brief, 
due September 6, 2016, in compliance with the 
Rules of Practice of the Supreme Court of Ohio 
and therefore has failed to prosecute this cause 
with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for Pike 
County.

2016-1250. State ex rel. Bloodworth v. Doe.

In Procedendo and Mandamus. This cause 
originated in this court on the filing of a complaint 
for writs of procedendo and mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 09-09-16





CASE ANNOUNCEMENTS 
September 7, 2016 

[Cite as 09/07/2016 Case Announcements, 2016-
Ohio-5680.]

MERIT DECISIONS WITH OPINIONS

2014-1210. In re Application of Buckeye Wind, 
L.L.C., Slip Opinion No. 2016-Ohio-5664.

Power Siting Board, No. 13-360-EL-BGA. Order 
affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0537. Mahoning Cty. Bar Assn. v. DiMartino, 
Slip Opinion No. 2016Ohio-5665.

On Certified Report by the Board of Professional 
Conduct, No. 2015-0060. Dennis Armand 
DiMartino, Attorney Registration No. 0039270, is 
hereby indefinitely suspended from the practice of 
law.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., dissents and would permanently 
disbar respondent.

DISCIPLINARY CASES

2016-1176. In re Resignation of Culbreath.

On application for resignation of Stanlee Earl 
Culbreath, Attorney Registration No. 0033211, 
and on report filed under seal by disciplinary 
counsel. Resignation accepted with disciplinary 
action pending.

2016-1177. In re Resignation of Johnson.

On application for resignation of James M. 
Johnson, Attorney Registration No. 0012815, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2016-1204. In re Resignation of Wallace.

On application for resignation of Paul Lawrence 
Wallace, Attorney Registration No. 0010369, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

MISCELLANEOUS DISMISSALS

2016-1264. State v. Teagarden.

Licking App. No. 15-CA-66, 2016-Ohio-3446. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

MEDIATION MATTERS

The following case has been referred to mediation 
pursuant to S.Ct.Prac.R. 19.01(A).

2016-1245. Kengary Way OH Partnership, L.L.C. 
v. Fairfield Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1432 and 2015-
1433.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
Appellant shall file a brief within 40 days of the 
date of these entries, and the parties shall 
otherwise proceed in accordance with 
S.Ct.Prac.R. 16.02 through 16.07. As provided in 
S.Ct.Prac.R. 16.07, the court may dismiss this 
case or take other action if the parties fail to timely 
file merit briefs.

2016-0968. State ex rel. 31, Inc. v. Indus. Comm.

Franklin App. No. 14AP-925, 2016-Ohio-3526.

2 09-07-16

The following case has been returned to the 
regular docket pursuant to

S.Ct.Prac.R. 19.01(E).

2015-1904. Lorring v. Cleveland.

In Mandamus.

3 09-07-16





CASE ANNOUNCEMENTS 
September 6, 2016 

[Cite as 09/06/2016 Case Announcements #2, 
2016-Ohio-5683.]

MERIT DECISIONS WITH OPINIONS

2016-1164. State ex rel. Jones v. Husted, Slip 
Opinion No. 2016-Ohio-5681.

In Mandamus. Writ denied.

O’Connor, C.J., and Lanzinger, Kennedy, and 
O’Neill, JJ., concur.

Pfeifer, J., concurs in judgment only, with an 
opinion.

O’Donnell, J., concurs in judgment only.

French, J., concurs in judgment only and would 
deny the writ on the authority of State ex rel. 
Walker v. Husted, 144 Ohio St.3d 361, 2015-Ohio-
3749, 43 N.E.3d 419.




CASE ANNOUNCEMENTS 
September 6, 2016 

[Cite as 09/06/2016 Case Announcements, 2016-
Ohio-5660.]

MERIT DECISIONS WITH OPINIONS

2015-1719. State ex rel. Meigs Cty. Home Rule 
Commt. v. Meigs Cty. Bd. of Commrs., Slip 
Opinion No. 2016-Ohio-5658.

Meigs App. No. 15CA9, 2015-Ohio-3701. 
Judgment reversed and writ granted. O’Connor, 
C.J., and Lanzinger, French, and O’Neill, JJ., 
concur. O’Donnell, J., dissents, with an opinion 
joined by Pfeifer and Kennedy, JJ.

DISCIPLINARY CASES

2015-0589. Warren Cty. Bar Assn. v. Vardiman.

On application for reinstatement. Edwin Lowe 
Vardiman Jr., Attorney Registration No. 0070574, 
is hereby reinstated to the practice of law.





CASE ANNOUNCEMENTS 
September 2, 2016 

[Cite as 09/02/2016 Case Announcements #2, 
2016-Ohio-5661.]

MOTION AND PROCEDURAL RULINGS

2016-1235. State ex rel. Jones v. Husted.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relators’ motion for 
emergency relief, it is ordered by the court that 
the motion is denied.

O’Connor, C.J., and Pfeifer and O’Neill, JJ., 
dissent.





CASE ANNOUNCEMENTS 
September 2, 2016 

[Cite as 09/02/2016 Case Announcements, 2016-
Ohio-5642.]

DISCIPLINARY CASES

2016-1290. In re May.

On certified entry of felony conviction. Neal Allen 
May, Attorney Registration No. 0062317, is 
suspended from the practice of law in Ohio for an 
interim period.

MISCELLANEOUS DISMISSALS

2016-0920. In re Complaint of Smith v. Ohio 
Power Co.

Public Utilities Commission, No. 13-2109-EL-
CSS. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio. The records of this court indicate that 
appellants have not filed a merit brief, due August 
30, 2016, in compliance with the Rules of Practice 
of the Supreme Court of Ohio and therefore have 
failed to prosecute this cause with the requisite 
diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the Public Utilities Commission of Ohio.






CASE ANNOUNCEMENTS 
September 1, 2016 

[Cite as 09/01/2016 Case Announcements, 2016-
Ohio-5604.]

MERIT DECISIONS WITH OPINIONS

2015-2001. Cincinnati Bar Assn. v. Fernandez, 
Slip Opinion No. 2016-Ohio5586.

On Certified Report by the Board of Professional 
Conduct, No. 2015-039. Justin Enrique 
Fernandez, Attorney Registration No. 0062974, is 
hereby publicly reprimanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0250. Disciplinary Counsel v. Kendrick, Slip 
Opinion No. 2016-Ohio5600.

On Certified Report by the Board of Professional 
Conduct, No. 2015-038. Linda Louise Kendrick, 
Attorney Registration No. 0078797, is hereby 
suspended from the practice of law for one year, 
fully stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0258. Warren Cty. Bar Assn. v. Clifton, Slip 
Opinion No. 2016-Ohio5587.

On Certified Report by the Board of Professional 
Conduct, No. 2015-040. Parker Lee Clifton, 
Attorney Registration No. 0081815, is hereby 
publicly reprimanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0259. Disciplinary Counsel v. Simmonds, 
Slip Opinion No. 2016-Ohio5599.

On Certified Report by the Board of Professional 
Conduct, No. 2015-047. Rasheed Asani 
Simmonds, Attorney Registration No. 0067797, is 
hereby suspended from the practice of law for one 
year, with the entire suspension stayed on 
conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0262. Medina Cty. Bar Assn. v. Beranek, 
Slip Opinion No. 2016-Ohio5595.

On Certified Report by the Board of Professional 
Conduct, No. 2015-049. Steven Bruce Beranek, 
Attorney Registration No. 0066847, is hereby 
publicly reprimanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0595. Cleveland Metro. Bar Assn. v. 
Wallace, Slip Opinion No. 2016Ohio-5603.

On Final Report by the Board on the 
Unauthorized Practice of Law, No. UPL 14

06. Consent decree approved. Robert K. Wallace 
and Amy M. Wallace are enjoined from all 
activities that constitute the unauthorized practice 
of law in Ohio.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2016-0920. In re Complaint of Smith v. Ohio 
Power Co.

Public Utilities Commission, No. 13-2109-EL-
CSS. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of Ohio Power Company’s 
motion to intervene as appellee, it is ordered by 
the court that the motion is granted.

2016-1288. State ex rel. Perotti v. Clipper.

Lorain App. No. 16CA010962. This cause was 
filed as a jurisdictional appeal. Upon consideration 
of appellant’s memorandum in support of 
jurisdiction, it is determined by the court that this 
cause originated in the court of appeals and, 
therefore, should proceed as an appeal of right 
pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Lorain County and the

2 09-01-16

parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.

MISCELLANEOUS DISMISSALS

2016-0207. RG Steel Warren, L.L.C. v. Biviano.

Trumbull App. No. 2014-T-0064, 2015-Ohio-5463. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Trumbull 
County.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Trumbull County.

2016-0776. State v. Weems.

Cuyahoga App. No. 102954, 2016-Ohio-701. This 
cause is pending before the court as a 
jurisdictional appeal. The records of this court 
indicate that appellant has not filed a 
memorandum in support of jurisdiction, due 
August 26, 2016, in compliance with the Rules of 
Practice of the Supreme Court of Ohio and 
therefore has failed to prosecute this cause with 
the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

3 09-01-16





Opioid Addiction Tackled in First-Ever Regional 
Summit
By Edward Miller | August 31, 2016

To kick off of a nine-state joint effort to combat 
“the scourge of opioid addiction,” Ohio Supreme 
Court Chief Justice Maureen O’Connor declared 
that regional cooperation “will be critical in this 
battle that we cannot afford to lose.”

“Our region’s judicial leaders have an especially 
important role to play,” Chief Justice O’Connor 
said. “In fact, I would argue we have no choice but 
to step up.”

The Regional Judicial Opioid Initiative Opening 
Summit, initiated by the Supreme Court and the 
first of its kind, took place over three days last 
week in Cincinnati and brought together judges, 
criminal justice officers, public health experts, and 
addiction specialists from Ohio, Michigan, Indiana, 
Illinois, Kentucky, West Virginia, Virginia, 
Tennessee, and Pennsylvania, as well as the 
federal government.

As the attendees labored in a workshop setting, 
the problem they’re committed to end raged in 
their states back home and on the streets of the 
host city. Health officials in Cincinnati responded 
to more than 100 drug poisonings and overdoses, 
three of them fatal, while the conference was 
being held and spikes of opioid poisoning hit the 
national news from Indiana, Kentucky, and West 
Virginia.

The Ohio Department of Health issued a gloomy 
drug abuse death report last week that said 
deaths from the opioid fentanyl rose from 84 in 
2013 to 503 in 2014 to 1,155 in 2015.

“It is a problem that respects no borders, no 
boundaries, and no political concepts of who 
should be responsible for addressing this 
problem,” Chief Justice O’Connor told the 
delegates. “Solving the opioid crisis that continues 
to grow in our communities rests with each of us 
and all of us.”

The conference was designed to be a problem-
solving first step in a year-long effort to knock 
down institutional silos and thinking and to 
establish a mindset of regional sharing – of ideas 
and solutions.

“A cross-section of all three branches of 
government and our partners in the private sector 
must join forces to tackle this problem head-on,” 
Chief Justice O’Connor said.

Kentucky Supreme Court Chief Justice John 
Minton, who said an average of four people a day 
in his state die of opioid abuse, told the delegates 
that the epidemic “is devastating the lives of 
addicts and those who love them.”

“It is flooding our emergency rooms, our courts, 
our prisons, our child welfare systems, and our 
treatment providers. It is taking an emotional toll 
on our families and our communities,” Chief 
Justice Minton said.

Chief Justice O’Connor declared that “the 
government’s response must jettison traditional 
notions of how government works and think 
outside the box,” a theme that Ohio Gov. John 
Kasich captured in a luncheon address on Day 2 
of the conference.

”If you take a non-violent drug offender, the last 
thing you want to do is put them in a penitentiary,” 
Kasich said. “It would be great to keep them in 
their local community.” Kasich then noted that 
many addicts live in areas where help is scarce, 
an issue for governments to address.

During the next 12 months, the delegates and the 
departments they represent will share information 
from their own programs and establish regional 
policy planning and development across their 
criminal justice, public health, family support, 
medical, and behavioral systems.

“Ideas gleaned this week from our regional 
partners will be critical in a battle that we cannot 
afford to lose,” Chief Justice O’Connor said. At the 
close of the conference, the Ohio chief justice told 
the delegates that “the collaboration here was 
phenomenal,” and added: “I want to thank you for 
the hard work so far and the hard work that’s yet 
to come.”

“This is a first-of-its-kind summit,” she said. “Let’s 
make sure it’s not the last of its kind.”






CASE ANNOUNCEMENTS 
August 31, 2016 

[Cite as 08/31/2016 Case Announcements, 2016-
Ohio-5585.]

MERIT DECISIONS WITH OPINIONS

2015-1548. State ex rel. Ullmann v. Husted, Slip 
Opinion No. 2016-Ohio-5584.

Franklin App. No. 14AP-863, 2015-Ohio-3120. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, and Lanzinger, 
JJ., concur.

Pfeifer, Kennedy, and French, JJ., concur in 
judgment only.

O’Neill, J., dissents, with an opinion.

2015-1615. State ex rel. Bevins v. Cooper, Slip 
Opinion No. 2016-Ohio-5578.

Hamilton App. No. C-150507. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-2009. Cleveland Metro. Bar Assn. v. Paris, 
Slip Opinion No. 2016-Ohio5581.

On Certified Report by the Board of Professional 
Conduct, No. 2015-005. Tasso Paris, Attorney 
Registration No. 0038609, is hereby suspended 
from the practice of law for six months, all stayed 
on conditions.

Pfeifer, O’Donnell, Kennedy, and French, JJ., 
concur.

Kennedy, J., concurs, with an opinion.

Lanzinger, J., dissents, with an opinion joined by 
O’Connor, C.J., and O’Neill, J.

2016-0257. Trumbull Cty. Bar Assn. v. Roland, 
Slip Opinion No. 2016-Ohio5579.

On Certified Report by the Board of Professional 
Conduct, No. 2014-054. David Keith Roland, 
Attorney Registration No. 0037125, is hereby 
permanently disbarred from the practice of law in 
Ohio.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-0322. State ex rel. Graves v. Sixth Dist. 
Court of Appeals.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French and O’Neill, JJ., concur.

2016-0569. State ex rel. Deloney v. First Dist. 
Court of Appeals Judges.

In Prohibition. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

Pfeifer, J., dissents and would grant the writ.

2016-0689. Fields v. Reinbold.

In Procedendo. On motions to dismiss. Motions 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents in part and would deny the 
motions to dismiss as they relate to Judge 
Reinbold and grant an alternative writ.

2016-0722. State ex rel. Loper v. King.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. Motion to strike motion 
to dismiss and motion for sanctions denied as 
moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0732. West v. Second Dist. Court of 
Appeals.

In Mandamus and Prohibition. On motions to 
dismiss. Motions granted. Cause dismissed. 
Objection and clarification denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0733. Johnson v. Montgomery Cty. Common 
Pleas Court.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0734. Johnson v. Madison Cty. Common 
Pleas Court.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0736. State ex rel. Thomas v. Culotta.

In Prohibition. On S.Ct.Prac.R. 12.04 
determination, cause dismissed. O’Connor, C.J., 
and Pfeifer, O’Donnell, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

2016-0737. Johnson v. Highland Cty. Common 
Pleas Court.

In Procedendo. On S.Ct.Prac.R. 12.04 
determination, cause dismissed. O’Connor, C.J., 
and Pfeifer, O’Donnell, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

2016-0738. Johnson v. Fayette Cty. Common 
Pleas Court.

In Procedendo. On answer of respondent and 
motion for judgment on the pleadings. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0740. Johnson v. Adams Cty. Common 
Pleas Court.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0751. Brotherton v. Sixth Dist. Court of 
Appeals.

In Prohibition. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0827. State ex rel. Solomon v. Sheehan.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. O’Connor, C.J., and 
Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

2016-0864. State ex rel. Bradford v. Hamilton Cty. 
Common Pleas Court.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed. On motion for 
sanctions, motion to deem admitted, and motion 
to strike motion to dismiss. Motions denied.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0872. State ex rel. Rittner v. Sixth Dist. 
Court of Appeals.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0890. State ex rel. Hinton v. Jackson.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2015-0080. State ex rel. McIntyre v. Summit Cty. 
Court of Common Pleas.

In Mandamus and Prohibition. On motion to show 
cause and/or for supplemental issuance of writ of 
mandamus. Motion denied.

O’Connor, C.J., not participating.

2015-1204. State ex rel. Cleveland v. Indus. 
Comm. of Ohio.

Franklin App. No. 13AP-1069, 2015-Ohio-2165. 
On request for oral argument. Motion granted.

O’Connor, C.J., and Pfeifer and Lanzinger, JJ., 
dissent.

2015-1310. Cook v. State.

Allen App. No. 1-15-21. On motion to request 
leaving jurisdiction of Ohio for medical purposes. 
Motion denied.

2015-2021. Columbus City School Dist. Bd. of 
Edn. v. Testa.

Board of Tax Appeals, No. 2014-4914. On joint 
motion for partial remand of case to Tax 
Commissioner and stay of briefing schedule. 
Motion denied.

Pfeifer and O’Neill, JJ., dissent and would issue 
an order to show cause why the appeal should 
not be dismissed for lack of a final order.

O’Donnell, J., dissents and would remand the 
entire cause to the Board of Tax Appeals.

2015-2081. Wilson v. Lawrence.

Cuyahoga App. No. 102585, 2015-Ohio-4677. On 
motion to dismiss case numbers 2015-2081 and 
2016-0180 as improvidently accepted. Motion 
denied.

2016-0180. Wilson v. Lawrence.

Cuyahoga App. No. 102585, 2015-Ohio-4677. On 
motion to dismiss case numbers 2015-2081 and 
2016-0180 as improvidently accepted. Motion 
denied.

2016-0288. Washington v. Hooks.

Ross App. No. 15CA3521. On motion to proceed 
to United States Supreme Court, the court notes it 
has no authority to grant the motion. Motion 
denied.

2016-0499. State ex rel. Rohfeld v. Ohio Dept. of 
Rehab. & Corr.

In Mandamus. On motion for relief from judgment. 
Motion denied.

2016-0866. State v. Patrick.

Butler App. No. CA2015-05-090, 2016-Ohio-995. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0871. State v. Weaver.

Cuyahoga App. No. 102902, 2016-Ohio-811. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.

2016-0874. State, v. Spencer.

Scioto App. No. 15CA3722. On motion for leave 
to file delayed appeal. Motion denied.

2016-0888. State v. Short.

Richland App. No. 14CA67, 2015-Ohio-3183. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0914. State v. Hudson.

Mahoning App. No. 11 MA 77. On motion for 
leave to file delayed appeal. Motion denied.

2016-0919. State v. Clark.

Montgomery App. No. 26596, 2016-Ohio-39. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0934. State v. Trollinger.

Hamilton App. No. C-150173. On motion for leave 
to file delayed appeal. Motion denied.

French and O’Neill, JJ., dissent.

2016-0935. State v. Roy.

Franklin App. No. 14AP-986, 2015-Ohio-4959. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0949. State v. Sweeting.

Hamilton App. No. C-150436. On motion for leave 
to file delayed appeal. Motion granted.

O’Connor, C.J., and Pfeifer and Lanzinger, JJ., 
dissent.

2016-0969. State v. Gipson.

Allen App. No. 1-15-51, 2016-Ohio-994. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0980. State v. Johnson.

Stark App. No. 2014CA00189, 2015-Ohio-3113. 
On motion for leave to file delayed appeal. Motion 
denied.

2016-1005. State v. Reid.

Cuyahoga App. No. 93222. On motion for leave to 
file delayed appeal. Motion denied.

2016-1023. State v. Wolke.

Adams App. No. 15CA1008. On motion for leave 
to file delayed appeal. Motion denied.

2016-1026. State v. Nelson.

Muskingum App. No. CT2015-0057, 2016-Ohio-
2787. On motion for leave to file delayed appeal. 
Motion denied.

O’Neill, J., dissents.

2016-1029. State v. Johnson.

Cuyahoga App. No. 103408, 2016-Ohio-2840. On 
motion for leave to file delayed appeal. Motion 
denied.

Kennedy and O’Neill, JJ., dissent.

2016-1047. State v. Reyes-Rosales.

Adams App. No. 15CA1010, 2016-Ohio-3338. On 
motion to stay execution of 90 day jail sentence. 
Motion granted.

O’Connor, C.J., and Pfeifer and French, JJ., 
dissent.

2016-1076. Souders v. Souders.

Hamilton App. No. C-150552, 2016-Ohio-3522. 
On motion for stay of court of appeals’ judgment. 
Motion denied.

O’Donnell and Kennedy, JJ., dissent.

2016-1128. Canton v. Burns.

Stark App. Nos. 2015CA00163 and 
2015CA00164, 2016-Ohio-4885. On motion for 
stay of court of appeals’ judgment. Motion denied.

Lanzinger, Kennedy, and O’Neill, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2016-0672. State v. Mohamed. 
Cuyahoga App. Nos. 102398 and 103602, 2016-
Ohio-1116.

Pfeifer, Kennedy, and French, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2015-1073. State v. Bays.

Greene App. No. 2014-CA-24, 2015-Ohio-1935.

2015-1866. State v. Osie.

Butler App. No. CA2014-10-222, 2015-Ohio-3406. 
Appeal and cross-appeal not accepted.

2016-0530. State v. Carlton.

Stark App. No. 2016CA00036. Motion to strike 
waiver denied as moot.

2016-0576. English v. Progressive Specialty Ins. 
Co.

Lucas App. No. L-14-1239, 2016-Ohio-847. 
Appeal and cross-appeal not accepted.

O’Donnell, Kennedy, and French, JJ., dissent.

2016-0609. State v. Starr.

Richland App. No. 15-CA-36, 2016-Ohio-1004. 
O’Neill, J., dissents.

2016-0682. State v. Melin.

Seneca App. No. 13-15-29, 2016-Ohio-1427. 
O’Donnell and O’Neill, JJ., dissent.

2016-0688. State v. Sanchez.

Putnam App. No. 12-16-01.

2016-0691. Routson-Gim-Belluardo v. Jefferson 
Twp. Local School Dist. Bd. of Edn.

Montgomery App. No. CA 026789, 2016-Ohio-
1265. O’Donnell, J., dissents.

2016-0692. Home S. & L. Co. of Youngstown v. 
Evergreen Land Dev.

Mahoning App. No. 12 MA 215, 2016-Ohio-1248.

2016-0693. Thompson v. Oberlander’s Tree & 
Landscape, Ltd.

Marion App. No. 9-15-44, 2016-Ohio-1147. 
Lanzinger and Kennedy, JJ., dissent.

2016-0694. Brahm v. DHSC, L.L.C.

Stark App. No. 2015CA00165, 2016-Ohio-1204. 
O’Donnell, Kennedy, and French, JJ., dissent.

2016-0695. Levy v. Seiber.

Butler App. Nos. CA2015-02-019, CA2015-02-
021, and CA2015-02-030, 2016Ohio-68.

2016-0698. State v. Scott.

Sandusky App. No. S-15-012, 2016-Ohio-1480.

2016-0699. State v. Simpson.

Montgomery App. No. 26632, 2016-Ohio-1267.

2016-0700. State v. Simpson.

Montgomery App. No. 26633, 2016-Ohio-1268.

2016-0702. State v. Bozek.

Portage App. No. 2015-P-0018, 2016-Ohio-1305.

2016-0705. State v. Ealy.

Franklin App. No. 15AP-600, 2016-Ohio-1185.

2016-0709. State v. Simpson.

Montgomery App. No. 26631, 2016-Ohio-1266.

O’Donnell, J., dissents and would accept the 
cause on Proposition of Law No. I.

2016-0710. Christian v. Kettering Med. Ctr.

Montgomery App. No. 26717, 2016-Ohio-1260.

2016-0711. Bayer v. S. Pleasant Dev. Group, 
L.L.C.

Fairfield App. No. 15-CA-16, 2016-Ohio-1336.

Pfeifer J., dissents.

French, J., dissents and would accept the cause 
on Proposition of Law No. I.

2016-0712. Slane v. Hilliard.

Franklin App. No. 15AP-493, 2016-Ohio-306.

Pfeifer, J., dissents.

O’Donnell, J., not participating.

2016-0713. Helton v. U.S. Restoration & 
Remodeling, Inc.

Franklin App. No. 14AP-899, 2016-Ohio-1232. 
French, J., not participating.

2016-0714. State v. Powell.

Cuyahoga App. No. 102922, 2016-Ohio-1220.

O’Connor, C.J., and O’Donnell and Kennedy, JJ., 
dissent and would accept the cause, vacate the 
judgment, and remand the case to the court of 
appeals for application of State v. Jones, Slip 
Opinion No. 2016-Ohio-5105.

2016-0715. In re L.Z.

Licking App. No. 15-CA-36, 2016-Ohio-1337. 
Pfeifer, O’Donnell, and French, JJ., dissent.

2016-0716. White v. Cuyahoga Falls.

Summit App. No. 27807, 2016-Ohio-1200.

2016-0717. Dunkin's Diamonds, Inc. v. Chavis.

Franklin App. No. 15AP-753, 2016-Ohio-1243.

2016-0725. Calkins v. Calkins.

Geauga App. Nos. 2014-G-3203 and 2014-G-
3218, 2016-Ohio-1297. O’Donnell and Kennedy, 
JJ., dissent.

2016-0728. Young v. Craig Transp.

Wood App. Nos. WD-14-068, WD-14-073, and 
WD-14-077, 2016-Ohio-1401.

O’Connor, C.J., and Lanzinger, J., dissent and 
would accept the cause on Proposition of Law No. 
I.

O’Neill, J., dissents.

2016-0730. Tighe v. Kaiser.

Ottawa App. No. OT-15-032, 2016-Ohio-1400.

2016-0731. Elliot v. Aloha Spy.

Cuyahoga App. No. 104304. Application to 
proceed denied as moot.

2016-0742. State v. Bacon.

Lucas App. No. L-14-1112, 2016-Ohio-618.

2016-0744. State v. Mitchell.

Mahoning App. No. 14 MA 0119, 2016-Ohio-1439. 
French, J., dissents.

2016-0745. State v. Colon.

Cuyahoga App. No. 103150, 2016-Ohio-707. 
O'Donnell and French, JJ., dissent.

2016-0748. Kearney v. Campbell.

Summit App. No. 27495, 2016-Ohio-1332. Pfeifer, 
J., dissents.

2016-0749. State v. Brown.

Lake App. No. 2014-L-037, 2016-Ohio-1358. 
O’Donnell, J., dissents.

2016-0753. State v. Dovala.

Lorain App. No. 14CA010692, 2016-Ohio-1349.

2016-0754. State v. Thompson.

Lucas App. No. L-15-1006, 2016-Ohio-1399. 
O’Neill, J., dissents.

2016-0755. In re P.G.

Warren App. No. CA201501009010, 2016-Ohio-
1433.

2016-0758. Acuity, A Mut. Ins. Co. v. Siding & 
Insulation Co.

Cuyahoga App. No. 103180, 2016-Ohio-1381. 
French, J., dissents.

2016-0759. State ex rel. Brannon v. Lakeview 
Local School Dist. Bd. of Edn.

Trumbull App. No. 2015-T-0034, 2016-Ohio-1367. 
O’Donnell and Kennedy, JJ., dissent.

2016-0760. CitiMortgage Inc. v. Hasan.

Cuyahoga App. No. 103248, 2016-Ohio-1544.

2016-0762. Walker v. Brewster.

Stark App. No. 2015CA00142, 2016-Ohio-1463.

2016-0766. State v. Newman.

Wood App. No. WD-15-031, 2016-Ohio-2667.

2016-0768. State v. Delong.

Ross App. No. 15CA3482, 2016-Ohio-1412. 
French, J., dissents.

2016-0770. State v. Young.

Cuyahoga App. No. 103080, 2016-Ohio-1379.

2016-0782. State v. Jackson.

Cuyahoga App. No. 103035, 2016-Ohio-704.

O’Connor, C.J., and French and O’Neill, JJ., 
dissent.

2016-0784. Boddie v. Landers.

Franklin App. No. 15AP-962, 2016-Ohio-1410. 
French, J., not participating.

2016-0795. Rohrer v. Ohio Pub. Defender.

Franklin App. No. 16AP-153.

2016-0799. Black v. Watson.

Cuyahoga App. No. 103600, 2016-Ohio-1470.

2016-0807. State v. Glover.

Montgomery App. No. 26523, 2016-Ohio-2749.

2016-0829. State v. Rivera.

Lucas App. No. L-15-1227.

2016-0891. State v. Rolfes.

Cuyahoga App. No. 102521, 2016-Ohio-2933.

2016-0892. State v. Warren.

Cuyahoga App. No. 102181, 2016-Ohio-2827.

2016-0917. State v. Everson.

Mahoning App. Nos. 14 MA 0072 and 12 MA 
0128.

2016-0964. State v. Creech.

Scioto App. No. 09CA3291.

2016-0983. In re N.P.

Lake App. Nos. 2016-L-002 and 2016-L-003, 
2016-Ohio-3125. Kennedy and O’Neill, JJ., 
dissent.

2016-1027. State v. Thomas.

Summit App. No. 27405. French, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS 
2011-0857. State v. Obermiller.

Cuyahoga C.P. No. CR542119. Reported at __ 
Ohio St.3d __, 2016-Ohio-1594, __ N.E.3d __. On 
motion for reconsideration. Motion denied.

Pfeifer and O’Neill, JJ., dissent.

2014-0650. State ex rel. Altman-Bates v. Pub. 
Emps. Retirement Bd.

Franklin App. No. 11AP-196, 2014-Ohio-1182. 
Reported at __ Ohio St.3d __, 2016-Ohio-3100, 
__ N.E.3d __. On motion for reconsideration of 
Franklin County Board of Commissioners. Motion 
denied.

O’Donnell, Lanzinger, and Kennedy, JJ., dissent.

Kathleen Ann Keough, J., of the Eighth Appellate 
District, sitting for French, J.

2014-0791. Deutsche Bank Natl. Trust Co. v. 
Holden.

Summit App. No. 26970, 2014-Ohio-1333. 
Reported at __ Ohio St.3d __, 2016Ohio-4603, __ 
N.E.3d __. On motion for reconsideration. Motion 
denied.

2015-1858. In re Estate of Cvanciger.

Lake App. No. 2014-L-095, 2015-Ohio-4318. 
Reported at 146 Ohio St.3d 1427, 2016-Ohio-
4606, 52 N.E.3d 1203. On motion for 
reconsideration. Motion denied.

2016-0191. State ex rel. Vincent v. Jenkins.

In Habeas Corpus. Reported at 146 Ohio St.3d 
1412, 2016-Ohio-3390, 51 N.E.3d

657. On motion for reconsideration. Motion 
denied.

2016-0339. State v. Dickerson.

Cuyahoga App. No. 102461, 2016-Ohio-807. 
Reported at 146 Ohio St.3d 1428, 2016-Ohio-
4606, 52 N.E.3d 1203. On motion for 
reconsideration. Motion granted and cause 
accepted. Judgment vacated and cause 
remanded to the court of appeals for application 
of State v. Jones, Slip Opinion No. 2016-Ohio-
5105.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent.

2016-0380. Wells Fargo Bank, N.A. v. Hazel.

Franklin App. No. 15AP-93, 2016-Ohio-305. 
Reported at 146 Ohio St.3d 1415, 2016-Ohio-
3390, 51 N.E.3d 660. On motion for 
reconsideration. Motion denied.

2016-0411. Gregory v. Martin.

Jefferson App. No. 15 JE 17, 2016-Ohio-650. 
Reported at 146 Ohio St.3d 1416, 2016-Ohio-
3390, 51 N.E.3d 660. On motion for 
reconsideration. Motion denied.

2016-0420. Fisher v. Ironton.

Miscellaneous case. Reported at 146 Ohio St.3d 
1412, 2016-Ohio-3390, 51 N.E.3d 657. On motion 
for reconsideration. Motion denied. On motion for 
all transcripts to be filed from the lower court. 
Motion denied.

2016-0434. Dillard v. Automation Tool & Die, Inc.

Medina App. No. 15CA0055-M. Reported at 146 
Ohio St.3d 1416, 2016-Ohio3390, 51 N.E.3d 660. 
On motion for reconsideration. Motion denied.

Pfeifer and French, JJ., dissent.

2016-0477. Wheatley v. Marietta College.

Washington App. No. 14CA18, 2016-Ohio-949. 
Reported at 146 Ohio St.3d 1208, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for 
reconsideration. Motion denied.

O’Connor, C.J., and Pfeifer and O’Neill, JJ., 
dissent.

2016-0498. In re J.L.

Trumbull App. No. 2015-T-0137, 2016-Ohio-644. 
Reported at 146 Ohio St.3d 1429, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for 
reconsideration. Motion denied.

O'Connor, C.J., and Lanzinger and O’Neill, JJ., 
dissent.

2016-0529. Lundeen v. Smith-Hoke.

Franklin App. No. 15AP-236, 2015-Ohio-5086. 
Reported at 146 Ohio St.3d 1429, 2016-Ohio-
4606, 52 N.E.3d 1204. On motion for 
reconsideration. Motion denied.

2016-0623. Schultheiss v. Heinrich Ents., Inc.

Washington App. No. 15CA20, 2016-Ohio-121. 
Reported at 146 Ohio St.3d 1431, 2016-Ohio-
4606, 52 N.E.3d 1205. On motion for 
reconsideration. Motion granted and cause 
accepted on Proposition of Law No. I.

Lanzinger, Kennedy, and French, JJ., would 
accept the cause on all Propositions of Law.

Pfeifer, O’Donnell, and O’Neill, JJ., dissent.

2016-0629. Bank of New York Mellon v. 
Ackerman.

Montgomery App. No. 26779, 2016-Ohio-960. 
Reported at 146 Ohio St.3d 1431, 2016-Ohio-
4606, 52 N.E.3d 1205. On motion for 
reconsideration. Motion denied.

2016-0644. State v. Anderson.

Franklin App. No. 16AP-156. Reported at 146 
Ohio St.3d 1431, 2016-Ohio-4606, 52 N.E.3d 
1205. On motion for reconsideration. Motion 
denied.

2016-0746. State ex rel. Stanley v. Andrews.

In Mandamus. Reported at 146 Ohio St.3d 1404, 
2016-Ohio-3194, 50 N.E.3d 570. On motion for 
reconsideration and vacate. Motion denied. On 
motion to dismiss and disregard, motion for 
clarification of record, and motion to vacate 
judgment. Motions denied as moot.




Amendment Would Clarify Lawyers’ 
Responsibilities In Providing Services to Medical 
Marijuana Clients
Staff Report | August 31, 2016

The Ohio Supreme Court today announced a 
proposed amendment to the Rules of Professional 
Conduct clarifying the ethical responsibilities of 
lawyers under the state’s new medical marijuana 
law. The Supreme Court will accept public 
comment through Sept. 18.

If adopted, the proposed amendment would 
modify the provision in Prof. Cond. R. 1.2(d) by 
adding a new subsection, which reads:

“A lawyer may counsel or assist a client regarding 
conduct expressly permitted under Sub.H.B. 523 
of the 131st General Assembly authorizing the 
use of marijuana for medical purposes and any 
state statutes, rules, orders, or other provisions 
implementing the act. In these circumstances, the 
lawyer shall also advise the client regarding 
related federal law.”

The need to clarify the services attorneys can 
offer clients arose after an Aug. 11 non-binding 
advisory opinion issued by the independent Board 
of Professional Conduct. The Board’s advisory 
opinion acknowledged the state’s new law, but 
also stated that prohibitions in federal law might 
create ethical problems for lawyers counseling or 
assisting a client with regard to the new state law, 
depending upon the nature of the services their 
clients are seeking.

Chief Justice Maureen O’Connor today reiterated 
the need for the Court to move expeditiously, yet 
with due diligence. “We will revisit the issue after 
examining public comments, which serve as a 
backstop to identify any unintended 
consequences that haven’t been uncovered so 
far,” she said.

Public comment should be submitted in writing or 
via email by Sept. 18 to:

    John VanNorman, Senior Policy and Research 
Counsel
    Ohio Supreme Court
    65 S. Front St., Seventh Floor
    Columbus, OH 43215
    or
    John.VanNorman@sc.ohio.gov





CASE ANNOUNCEMENTS 
August 30, 2016 

[Cite as 08/30/2016 Case Announcements, 2016-
Ohio-5577.]

MERIT DECISIONS WITH OPINIONS

2015-0108. Carter v. Reese, Slip Opinion No. 
2016-Ohio-5569.

Butler App. No. CA2014-04-095, 2014-Ohio-5395. 
Judgment affirmed. O’Donnell, Kennedy, French, 
and O’Neill, JJ., concur. O’Connor, C.J., dissents, 
with an opinion joined by Lanzinger, J. Pfeifer, J., 
dissents, with an opinion.

2015-0473. State v. Thomas, Slip Opinion No. 
2016-Ohio-5567.

Cuyahoga App. No. 101202, 2015-Ohio-415. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
Lanzinger, French, and O’Neill, JJ., concur. 
O’Donnell, J., dissents, with an opinion joined by 
Kennedy, J.

2015-1278. State ex rel. Marmaduke v. Ohio 
Police & Fire Pension Fund, Slip Opinion No. 
2016-Ohio-5550.

Franklin App. No. 14AP-489, 2015-Ohio-2491. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
O’Donnell, Lanzinger, Kennedy, French, and 
O’Neill, JJ., concur.

2015-1483. State ex rel. Keith v. Gaul, Slip 
Opinion No. 2016-Ohio-5566.

Cuyahoga App. No. 102875, 2015-Ohio-3480. 
Judgment affirmed. O’Connor, C.J., and Pfeifer, 
O’Donnell, Lanzinger, Kennedy, French, and 
O’Neill, JJ., concur.

2015-1533. State ex rel. Steinle v. Dewey, Slip 
Opinion No. 2016-Ohio-5549.

Sandusky App. No. S-15-016, 2015-Ohio-3618. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2004-0586. State v. Drummond.

Mahoning C.P. No. 03CR358. This cause came 
on for further consideration upon appellee’s 
motion to set an execution date.

Upon consideration thereof, it is ordered by the 
court that the motion is granted.

It is further ordered that John E. Drummond’s 
sentence be carried into execution by the warden 
of the Southern Ohio Correctional Facility, or in his 
absence, by the deputy warden on Thursday, the 
17th day of September, 2020, in accordance with 
the statutes so provided.

It is further ordered that a certified copy of this 
entry and a warrant under the seal of this court be 
duly certified to the warden of the Southern Ohio 
Correctional Facility and that said warden shall 
make due return thereof to the Clerk of the Court 
of Common Pleas of Mahoning County.

Pfeifer, J., dissents.

O’Neill, J., dissents for the reasons stated in his 
dissenting opinion in State

v. Wogenstahl, 134 Ohio St.3d 1437, 2013-Ohio-
164, 981 N.E.2d 900.

2016-0441. State v. Mutter.

Scioto App. No. 15CA3690, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and the Ohio Public 
Defender is appointed to represent appellant.

2 08-30-16




Ohio Board of Professional Conduct Announces 
September Disciplinary Hearings

The following schedule of disciplinary cases is set 
for September hearings by the Ohio Board of 
Professional Conduct. All hearings take place 
before a three-member panel of the board and are 
open to the public. The hearings involve an 
individual attorney or judge who is charged with 
professional misconduct.

Hearings may be continued for good cause at any 
time. Contact the board's office at 614.387.9370 
to confirm that a hearing will be held as scheduled 
or for more information about a case. Case 
documents can be obtained via email upon 
request.

Sept. 6
Disciplinary Counsel, Relator v. Gregory 
Lawrence Peck, Respondent
Case No. 2015-067
Respondent’s address: 3426 Indian Creek Road, 
Oxford
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., North 
Hearing Room 106, Columbus

Sept. 26
Disciplinary Counsel, Relator v. Andrew Robert 
Schuman, Respondent
Case No. 2016-021
Respondent’s address: 610 Fifth St., Bowling 
Green
Respondent’s counsel: Jeffrey Nunnari, Toledo
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

Sept. 30
Cleveland Metropolitan Bar Association, Relator v. 
Joseph English Feighan III, Respondent
Case No. 2016-012
Respondent’s address: 14516 Detroit Ave., 
Lakewood
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106




..


CASE ANNOUNCEMENTS 
August 29, 2016 

[Cite as 08/29/2016 Case Announcements, 2016-
Ohio-5548.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 29, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the August 29, 2016 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2013-1979. Disciplinary Counsel v. Ward, 146 
Ohio St.3d 1254, 2016-Ohio

734.

2014-1437. State ex rel. Ritzie v. Reece-
Campbell, Inc., 146 Ohio St.3d 259, 2015-Ohio-
5224.

2014-1823. ShadoArt Prods., Inc. v. Testa, 146 
Ohio St.3d 263, 2016-Ohio

511.

2014-1891. Combs v. Ohio Dept. of Natural 
Resources, Div. of Parks & Recreation, 146 Ohio 
St.3d 271, 2016-Ohio-1565.

2015-0495. State ex rel. Pietrangelo v. Avon Lake, 
146 Ohio St.3d 292, 2016Ohio-2974.

2015-0628. Stolz v. J & B Steel Erectors, Inc., 146 
Ohio St.3d 281, 2016-Ohio1567.

2015-1315. Disciplinary Counsel v. Eichenberger, 
146 Ohio St.3d 302, 2016Ohio-3332.

2015-1641. Disciplinary Counsel v. Mahin, 146 
Ohio St.3d 312, 2016-Ohio3336.

2016-0199. Dayton Bar Assn. v. Hooks, 146 Ohio 
St.3d 1255, 2016-Ohio-929.

2016-0208. Disciplinary Counsel v. Thomas, 146 
Ohio St.3d 1260, 2016-Ohio1281.

2016-0214. Disciplinary Counsel v. Whitt, 146 
Ohio St.3d 1258, 2016-Ohio

958.

15-AP-072. In re Disqualification of Searcy, 146 
Ohio St.3d 1247, 2016-Ohio

442.

15-AP-083. In re Disqualification of Ghiz, 146 
Ohio St.3d 1249, 2015-Ohio5667.

15-AP-103. In re Disqualification of Jamison, 146 
Ohio St.3d 1251, 2015Ohio-5674.

15-AP-106. In re Disqualification of Jamison, 146 
Ohio St.3d 1252, 2015Ohio-5683.

MOTION AND PROCEDURAL RULINGS

2015-1309. State v. Ford.

Summit C.P. No. CR 2013 04 1008 (A). This 
cause is pending before the court as an appeal 
from the Court of Common Pleas of Summit 
County.

Upon consideration of appellant’s motion to 
unseal parts of the record, it is ordered by the 
court that the motion is denied.

It is further ordered that counsel for appellant and 
appellee in this case, and the Office of the Ohio 
Public Defender, may come to the Supreme Court 
of Ohio Clerk’s Office to review the sealed 
documents.

2 08-29-16





CASE ANNOUNCEMENTS 
August 26, 2016 

[Cite as 08/26/2016 Case Announcements, 2016-
Ohio-5529.]

MOTION AND PROCEDURAL RULINGS

2016-0440. State v. Mutter.

Scioto App. No. 15CA3691, 2016-Ohio-512. This 
cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and the Ohio Public 
Defender is appointed to represent appellant.

DISCIPLINARY CASES

2015-2010. Columbus Bar Assn. v. LaFayette.

On December 14, 2015, the Board of Professional 
Conduct filed a final report in the office of the clerk 
of this court pursuant to Gov.Bar R. V(16), in 
which the board accepted the agreement entered 
into by relator, Columbus Bar Association, and 
respondent, Eric Lee LaFayette. The agreement 
set forth the misconduct and the agreed, 
recommended sanction of a one-year suspension 
from the practice of law, stayed in its entirety upon 
conditions. The board recommended that the 
agreement be accepted. The court, sua sponte, 
issued an order waiving the issuance of a show-
cause order, and this matter was submitted to the 
court on the report and record filed by the board.

It is hereby ordered by the court, sua sponte, that 
the recommended sanction is rejected. It is further 
ordered that pursuant to Gov.Bar R. V(17)(D), this 
cause is remanded to the Board of Professional 
Conduct for further proceedings, including 
consideration of a more severe sanction. 
Proceedings before this court in this case are 
stayed until further order of this court. Costs to 
abide final determination of the case.

2015-2053. Disciplinary Counsel v. Alo.

This cause is pending before the court upon the 
filing of a certification of default by the Board of 
Professional Conduct.

Upon consideration of relator’s motion to initiate 
default proceedings, it is ordered by the court that 
the motion is granted. This matter is remanded to 
the board for further proceedings under Gov.Bar 
R. V(14)(F).

The court further orders that the interim default-
judgment suspension imposed against 
respondent on January 22, 2016, shall remain in 
place while this matter is pending before the 
board. Proceedings before this court in this case 
are stayed until further order of this court.

2016-1030. In re Resignation of Stevens.

On application for resignation of Bruce Berton 
Stevens, Attorney Registration No. 0071250, and 
on report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2 08-26-16





CASE ANNOUNCEMENTS 
August 25, 2016 

[Cite as 08/25/2016 Case Announcements, 2016-
Ohio-5509.]

MERIT DECISIONS WITH OPINIONS

2014-1814. State v. Hand, Slip Opinion No. 2016-
Ohio-5504.

Montgomery App. No. 25840, 2014-Ohio-3838. 
Judgment reversed and cause

remanded.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, J., dissents, with an opinion joined by 
Kennedy and French, JJ.

2015-0494. Cox v. Dayton Pub. Schools Bd. of 
Edn., Slip Opinion No. 2016Ohio-5505.

Montgomery App. No. 26382, 2015-Ohio-620. 
Judgment affirmed and cause

remanded.

Pfeifer, Kennedy, French, and O’Neill, JJ., concur.

O’Connor, C.J., dissents, with an opinion joined 
by O’Donnell and Lanzinger, JJ.

MOTION AND PROCEDURAL RULINGS

2014-0313. State v. Beasley.

Summit C.P. No. CR2012010169(A). This cause 
is pending before the court as a death-penalty 
appeal from the Court of Common Pleas of 
Summit County.

Upon consideration of the motion of the Office of 
the Ohio Public Defender to withdraw as counsel 
for appellant, it is ordered by the court that the 
motion is granted.

It is further ordered that attorneys Donald M. 
Gallick and Donald R. Hicks are appointed as 
substitute counsel to represent appellant.

2014-1290. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10.

Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint status report, it is 
ordered by the court that the stay of the briefing 
schedule is hereby extended. The parties shall 
notify the court within 180 days from the date of 
this entry of the status and whether the stay may 
be lifted.

2016-0395. In re C.C.S.

Franklin App. No. 15AP-884, 2016-Ohio-388. This 
cause is pending before the court as an appeal 
involving the termination of parental 
rights/adoption.

Upon consideration of the motion for leave of 
amici curiae, Ohio Birthparent Group and Kate 
Livingston, Ph.D., to participate in oral argument 
scheduled for Wednesday, August 31, 2016, it is 
ordered by the court that the motion is granted. 
Amici curiae shall share the time allotted to 
appellant.

2 08-25-16





CASE ANNOUNCEMENTS 
August 23, 2016 

[Cite as 08/23/2016 Case Announcements, 2016-
Ohio-5479.]

MERIT DECISIONS WITH OPINIONS

2014-0943. In re C.R., Slip Opinion No. 2016-
Ohio-5450.

Ross App. No. 13CA3411, 2014-Ohio-1936. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184.

2014-1315. In re M.R., Slip Opinion No. 2016-
Ohio-5451.

Jefferson App. No. 13 JE 30, 2014-Ohio-2623. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184, and would order briefing on the 
issues raised in the remainder of the appeal.

2014-1759. In re M.W., Slip Opinion No. 2016-
Ohio-5452.

Wood App. No. WD-13-089, 2014-Ohio-3758. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184.

2014-1860. In re J.O., Slip Opinion No. 2016-
Ohio-5453.

Montgomery App. No. 25903, 2014-Ohio-2813. 
Judgment affirmed. O’Connor, C.J., and 
O’Donnell, Kennedy, and French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184.

2015-0738. In re D.M.D., Slip Opinion No. 2016-
Ohio-5454.

Franklin App. No. 14AP-289, 2015-Ohio-1134. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184.

2015-1645. In re A.W., Slip Opinion No. 2016-
Ohio-5455.

Knox App. No. 15CA3, 2015-Ohio-3463. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184, and would order briefing on the 
issues raised in the remainder of the appeal.

2015-1816. In re D.D., Slip Opinion No. 2016-
Ohio-5456.

Stark App. No. 2015CA0043, 2015-Ohio-3999. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184, and would order briefing on the 
issues raised in the remainder of the appeal.

2015-1977. In re J.N., Slip Opinion No. 2016-
Ohio-5457.

Franklin App. No. 15AP-159, 2015-Ohio-4464. 
Judgment affirmed.

O’Connor, C.J., and O’Donnell, Kennedy, and 
French, JJ., concur.

Pfeifer, Lanzinger, and O’Neill, JJ., dissent for the 
reasons stated in the dissenting opinion in In re 
D.S., 146 Ohio St.3d 182, 2016-Ohio-1027, 54 
N.E.3d 1184.

2016-0134. State ex rel. Bates v. Smith, Slip 
Opinion No. 2016-Ohio-5449.

In Quo Warranto. Writ granted.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2 08-23-16

MEDIATION MATTERS 

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1137. Willoughby Hills Dev. & Distrib., Inc. v. 
Testa.

Board of Tax Appeals, No. 2015-1069.

2016-1150. TEG Properties, Inc. v. Cuyahoga Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-1906.

2016-1153. State ex rel. GateHouse Media Ohio 
Holdings II, Inc. v. Pike Cty. Coroner’s Office.

In Mandamus.

2016-1158. State ex rel. Andrasi v. Indus. Comm.

Franklin App. No. 15AP-531, 2016-Ohio-4971.

2016-1162. Cleveland Hts.-Univ. Hts. City School 
Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-1950.

2016-1188. Seaton Corp. v. Testa.

Board of Tax Appeals, Nos. 2015-224 and 2015-
743.

2016-1199. State ex rel. Gulley v. Indus. Comm.

Franklin App. No. 15AP-759.

2016-1205. NHI-REIT of Ohio, L.L.C. v. Union Cty. 
Bd. of Revision.

Board of Tax Appeals, No. 2015-1519.

The following cases have been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
The appellants in each case shall file a brief within 
40 days of the date of these entries, and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through 16.07. As 
provided in S.Ct.Prac.R. 16.07, the court may 
dismiss these cases or take other action if the 
parties fail to timely file merit briefs.

2016-0509. State ex rel. McKee v. Union Metal 
Corp.

Franklin App. No. 15AP-414, 2016-Ohio-1236.

3 08-23-16

2016-0575. State ex rel. Barnes v. Indus. Comm.

Franklin App. No. 15AP-170, 2016-Ohio-824.

4 08-23-16





CASE ANNOUNCEMENTS 
August 19, 2016 

[Cite as 08/19/2016 Case Announcements, 2016-
Ohio-5430.]

DISCIPLINARY CASES

2016-1098. Disciplinary Counsel v. Chuparkoff.

On motion for immediate interim remedial 
suspension. Mark Andrew Chuparkoff, Attorney 
Registration No. 0071982, is suspended from the 
practice of law for an interim period.





CASE ANNOUNCEMENTS 
August 18, 2016 

[Cite as 08/18/2016 Case Announcements #3, 
2016-Ohio-5431.]

MOTION AND PROCEDURAL RULINGS

2016-1235. State ex rel. Jones v. Husted.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relators’ motion to expedite, 
it is ordered by the court that the motion is 
granted. The following schedule is set for the filing 
of the answer, briefs, and evidence: respondent 
shall file an answer to the complaint by

5:00 p.m. on Friday, August 19, 2016; relators 
shall file their brief and evidence no later than 
5:00 p.m. on Monday, August 22, 2016; 
respondent shall file his brief and evidence no 
later than 5:00 p.m. on Wednesday, August 24, 
2016; and relators may file a reply brief no later 
than 5:00 p.m. on Friday, August 26, 2016.

It is further ordered that no requests or 
stipulations for extension of time shall be filed and 
the clerk of court shall refuse to file any requests 
or stipulations for extension of time.

It is further ordered that all documents filed in this 
case shall be served as specified by S.Ct.Prac.R. 
12.08(C).





CASE ANNOUNCEMENTS 
August 18, 2016 

[Cite as 08/18/2016 Case Announcements #2, 
2016-Ohio-5429.]

MOTION AND PROCEDURAL RULINGS

2015-0360. State ex rel. Shaughnessy v. 
Cleveland.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of respondents’ motion for 
leave to supplement evidence and relator’s 
motion for leave to supplement 
evidence/alternative objection to respondents’ 
motion for leave to supplement evidence, it is 
ordered by the court that the motions are granted. 
The parties shall file their supplemental evidence 
within five days of the date of this entry.

2016-1069. State ex rel. Shearer v. Britt.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

It is ordered by the court, sua sponte, that the 
parties shall supplement the record with 
information regarding actions taken at and results 
from the August 10, 2016 city council meeting 
within five days of the date of this entry.





CASE ANNOUNCEMENTS 
August 18, 2016 

[Cite as 08/18/2016 Case Announcements, 2016-
Ohio-5397.]

MISCELLANEOUS DISMISSALS

2016-0497. State ex rel. Pepper v. Ada-Liberty 
Joint Ambulance Dist.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





CASE ANNOUNCEMENTS 
August 17, 2016 

[Cite as 08/17/2016 Case Announcements #2, 
2016-Ohio-5396.]

MOTION AND PROCEDURAL RULINGS

2016-1164. State ex rel. Jones v. Husted.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of mandamus 
involving an expedited election matter.

Upon consideration of the motion of Ohio 
Secretary of State Jon Husted to reclassify 
complaint pursuant to S.Ct.Prac.R. 12.04, it is 
ordered by the court that the motion is granted.

It is further ordered, however, that the case shall 
continue to proceed on the briefing schedule 
provided for by S.Ct.Prac.R. 12.08 and the parties 
shall comply with all other filing requirements as 
specified by S.Ct.Prac.R. 12.08. This order does 
not alter the current due dates of any documents 
filed in this case, and the time for filing briefs and 
evidence in this case shall remain the same as 
before this order was issued.





CASE ANNOUNCEMENTS 
August 17, 2016 

[Cite as 08/17/2016 Case Announcements, 2016-
Ohio-5389.]

MOTION AND PROCEDURAL RULINGS

2016-0617. Spy v. Ace Home Health Care.

Cuyahoga App. No. 104271. This cause came on 
for further consideration upon the filing of 
appellant’s motion to strike. It is ordered by the 
court that the motion is denied as moot.

2016-0731. Elliot v. Spy.

Cuyahoga App. No. 104304. This cause is 
pending before the court as a jurisdictional 
appeal.

Upon consideration of appellant’s motion to strike, 
it is ordered by the court that the motion is denied 
as moot.





CASE ANNOUNCEMENTS 
August 16, 2016 

[Cite as 08/16/2016 Case Announcements, 2016-
Ohio-5376.]

MOTION AND PROCEDURAL RULINGS

In re Ealy.

On February 18, 2009, this court found Larry Ealy 
to be a vexatious litigator under S.Ct.Prac.R. 
4.03(B). This court further ordered that Ealy was 
prohibited from continuing or instituting legal 
proceedings in the court without obtaining leave. 
On August 10, 2016, Ealy presented a motion for 
leave to file notice of appeal.

It is ordered by the court that the motion for leave 
is denied.

MISCELLANEOUS DISMISSALS

2014-1267. State ex rel. Maddox v. Lincoln Hts.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relators’ application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





CASE ANNOUNCEMENTS 
August 15, 2016 

[Cite as 08/15/2016 Case Announcements #2, 
2016-Ohio-5378.]

MERIT DECISIONS WITH OPINIONS

2016-0313. Ohio Manufacturers’ Assn. v. Ohioans 
for Drug Price Relief Act, Slip Opinion No. 2016-
Ohio-5377.

Per Curiam. Challenge sustained in part, motion 
to strike denied, and motion for

partial summary judgment denied as moot. 
French, J., concurs, and concurs with an opinion. 
O’Connor, C.J., concurs in part and dissents in 
part, with an opinion. O’Donnell, J., concurs in 
part and dissents in part, with an opinion that

Kennedy, J., joins.

Lanzinger, J., concurs in part and dissents in part, 
and would sustain the relators’ first allegation and 
sustain the relators’ second allegation as to all 
four circulators.

O’Neill, J., concurs in part and dissents in part, 
with an opinion.
Pfeifer, J., dissents, with an opinion.





CASE ANNOUNCEMENTS 
August 15, 2016 

[Cite as 08/15/2016 Case Announcements, 2016-
Ohio-5365.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 15, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the August 15, 2016 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2012-1274. State v. Adams, 146 Ohio St.3d 232, 
2016-Ohio-3043.

2013-0513. In re Application of Ohio Edison Co., 
146 Ohio St.3d 222, 2016
Ohio-3021.
2014-0607. In re D.S., 146 Ohio St.3d 182, 2016-
Ohio-1027.
2014-0828. Rite Aid of Ohio, Inc. v. Washington 
Cty. Bd. of Revision, 146

Ohio St.3d 173, 2016-Ohio-371. 

2014-0997. Columbus Bar Assn. v. Armengau, 
146 Ohio St.3d 1233, 2014Ohio-3023.
2014-1055. Griffith v. Aultman Hosp., 146 Ohio 
St.3d 196, 2016-Ohio-1138.
2014-1402. State v. Cornelison, 146 Ohio St.3d 
220, 2016-Ohio-2968.
2014-1847. Am. Mun. Power, Inc. v. Bechtel 
Power Corp., 146 Ohio St.3d

251, 2016-Ohio-3431.

2015-0381. Cleveland v. Jones, 146 Ohio St.3d 
218, 2016-Ohio-2914.
2015-0543. In re Application of Tynes, 146 Ohio 
St.3d 243, 2016-Ohio-3307.
2015-1031. State ex rel. Bradford v. Dinkelacker, 
146 Ohio St.3d 219, 2016

Ohio-2916.
2015-1210. Kneuss v. Sloan, 146 Ohio St.3d 248, 
2016-Ohio-3310.
2015-1218, 2015-1253, and 2015-1338. State ex 
rel. Henderson v. Sweeney,

146 Ohio St.3d 252, 2016-Ohio-3413.

2015-1252. Wells Fargo Bank, N.A. v. Allstate Ins. 
Co., 146 Ohio St.3d 232, 2016-Ohio-3026. 2015-
1268. State ex rel. Davenport v. State, 146 Ohio 
St.3d 255, 2016-Ohio

3414.

2015-1330 and 2015-1489. State v. Bradenburg, 
146 Ohio St.3d 221, 2016Ohio-2970. 2015-1423. 
Disciplinary Counsel v. Coriell, 146 Ohio St.3d 
1241, 2016-Ohio

2922.

2015-1578. State ex rel. Davenport v. State, 146 
Ohio St.3d 256, 2016-Ohio3430. 2015-1633. 
Disciplinary Counsel v. Martinez, 146 Ohio St.3d 
212, 2016-Ohio

2709.

2015-1639. Disciplinary Counsel v. Smith, 146 
Ohio St.3d 209, 2016-Ohio1584. 2015-2004. 
Disciplinary Counsel v. Bennett, 146 Ohio St.3d 
237, 2016-Ohio

3045. 
2016-0648. In re Yavorcik, 146 Ohio St.3d 1238, 
2016-Ohio-2740.
2016-0800. Disciplinary Counsel v. Coriell, 146 
Ohio St.3d 1244, 2016-Ohio

3502. 

2 08-15-16

16-AP-003. In re Disqualification of Ingraham, 146 
Ohio St.3d 1236, 2016Ohio-3097.

MOTION AND PROCEDURAL RULINGS

2016-0922. Sparks v. Sparks.

Warren App. No. CA2015-10-095, 2016-Ohio-
2896. This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellee’s motion to strike 
memorandum in support of jurisdiction, it is 
ordered by the court that the motion is denied. 
Appellee may file a memorandum in response to 
jurisdiction within 30 days of the date of this entry.

3 08-15-16






CASE ANNOUNCEMENTS 
August 12, 2016 

[Cite as 08/12/2016 Case Announcements, 2016-
Ohio-5346.]

MOTION AND PROCEDURAL RULINGS

In re Harris.

On April 20, 2016, this court found Dwayne Harris 
to be a vexatious litigator under S.Ct.Prac.R. 
4.03(B). This court further ordered that Harris was 
prohibited from continuing or instituting legal 
proceedings in the court without obtaining leave. 
On August 8, 2016, Harris presented an 
application for leave to institute a legal proceeding 
in the Ohio Supreme Court.

It is ordered by the court that the application for 
leave is denied.

2015-0575. New York Frozen Foods, Inc. v. 
Bedford Hts. Income Tax Bd. of Rev.

Board of Tax Appeals, No. 2012-55. This cause is 
pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion of 
appellees/cross-appellants and amicus curiae, 
Regional Income Tax Agency, for leave of court 
for divided argument time scheduled for 
Wednesday, August 17, 2016, it is ordered by the 
court that the motion is granted. Amicus curiae 
shall share the time allotted to appellees/cross-
appellants.

2016-0788. Hooks v. Turner.

Ross App. No. 15CA3477, 2016-Ohio-3083. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Ross County.

Upon consideration of appellee’s motion for 
appointment of counsel, it is ordered by the court 
that the motion is granted and the Ohio Public 
Defender’s Office is appointed to represent 
appellee.

DISCIPLINARY CASES

2016-0973. Disciplinary Counsel v. Dickinson.

On certified order of the Supreme Court of 
California, case No. S231746. Steven Lee 
Dickinson, Attorney Registration No. 0025415, is 
hereby suspended from the practice of law in 
Ohio for two years with 22 months stayed.

2 08-12-16





CASE ANNOUNCEMENTS 
August 11, 2016 

[Cite as 08/11/2016 Case Announcements, 2016-
Ohio-5318.]

MEDIATION MATTERS

2016-0321. State ex rel. Sultaana v. Gaul.

In Procedendo. This cause originated in this court 
on the filing of a complaint for a writ of 
procedendo.

Upon consideration of relator’s motion to lift the 
mediation stay, it is ordered by the court that the 
motion is granted, and the court hereby returns 
this case to the regular docket under S.Ct.Prac.R. 
19.01. Respondent shall file a response to the 
complaint within 21 days of the date of this entry.





CASE ANNOUNCEMENTS 
August 10, 2016 

[Cite as 08/10/2016 Case Announcements, 2016-
Ohio-5299.]

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-1115. State ex rel. Cincinnati Enquirer v. 
Pike Cty. Coroner’s Office.

In Mandamus.

2016-1131. State ex rel. Ali v. Cleveland.

In Mandamus.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
Appellant shall file a brief within 40 days of the 
date of this entry, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R.

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2015-1012. State ex rel. Lakewood Senior 
Campus, L.L.C. v. Carpenter.

Franklin App. No. 14AP-587, 2015-Ohio-1732.





CASE ANNOUNCEMENTS 
August 9, 2016 

[Cite as 08/09/2016 Case Announcements, 2016-
Ohio-5291.]

MISCELLANEOUS DISMISSALS

2013-1472. In re Adoption of Rules for Alternative 
& Renewable Energy Technology, Resources, & 
Regulations.

Public Utilities Commission, No. 08-888-EL-ORD. 
This cause is pending before the court as an 
appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the Public Utilities Commission of Ohio.






CASE ANNOUNCEMENTS 
August 8, 2016 

[Cite as 08/08/2016 Case Announcements, 2016-
Ohio-5277.]

MOTION AND PROCEDURAL RULINGS

2015-1964. Southwestern City Schools Bd. of 
Edn. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-1224. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals, it is 
ordered by the court that the cause is remanded 
to the Board of Tax Appeals to take further action 
as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2015-1966. Columbus City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-1230. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals, it is 
ordered by the court that the cause is remanded 
to the Board of Tax Appeals to take further action 
as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

MISCELLANEOUS DISMISSALS

2016-0972. State ex rel. Armengau v. Tenth Dist. 
Court of Appeals.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 08-08-16





CASE ANNOUNCEMENTS 
August 5, 2016 

[Cite as 08/05/2016 Case Announcements, 2016-
Ohio-5259.]

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-0615. State ex rel. Kesterson v. Kent State 
Univ.

In Mandamus.

2016-1123. State ex rel. Kesterson v. Kent State 
Univ.

In Mandamus.





CASE ANNOUNCEMENTS 
August 4, 2016 

[Cite as 08/04/2016 Case Announcements, 2016-
Ohio-5219.]

DISCIPLINARY CASES

2016-0994. Disciplinary Counsel v. DeMasi.

On certification of default. Michelle Lynn DeMasi, 
Attorney Registration No. 0078628, is hereby 
suspended from the practice of law for an interim 
period.





CASE ANNOUNCEMENTS 
August 3, 2016 

[Cite as 08/03/2016 Case Announcements, 2016-
Ohio-5209.]

MOTION AND PROCEDURAL RULINGS

2015-1847. State v. Orr.

Cuyahoga App. No. 102460, 2015-Ohio-4081. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motions for admission 
pro hac vice of Nadia N. Seeratan and Marsha L. 
Levick, it is ordered by the court that the motions 
are granted. Pursuant to Gov.Bar R. XII(4), 
counsel shall file a notice of permission to appear 
pro hac vice with the Supreme Court’s Office of 
Attorney Services within 30 days of the date of 
this entry.





CASE ANNOUNCEMENTS 
August 2, 2016 

[Cite as 08/02/2016 Case Announcements, 2016-
Ohio-5192.]

MISCELLANEOUS DISMISSALS

2016-0821. State ex rel. Patterson v. Sloan.

Ashtabula App No. 2016-A-0018, 2016-Ohio-
2902. This cause is pending before the court as 
an appeal from the Court of Appeals for Ashtabula 
County. The records of this court indicate that 
appellant has not filed a merit brief, due July 27, 
2016, in compliance with the Rules of Practice of 
the Supreme Court of Ohio and therefore has 
failed to prosecute this cause with the requisite 
diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Ashtabula County.

MEDIATION MATTERS

The following case has been referred to mediation 
pursuant to S.Ct.Prac.R. 19.01(A).

2016-1054. Laguna Property Assocs., Ltd. v. Ross 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1555.

The following case has been returned to the 
regular docket pursuant to S.Ct.Prac.R. 19.01(E). 
Appellant shall file a brief within 40 days of the 
date of this entry, and the parties shall otherwise 
proceed in accordance with S.Ct.Prac.R.

16.02 through 16.07. As provided in S.Ct.Prac.R. 
16.07, the court may dismiss this case or take 
other action if the parties fail to timely file merit 
briefs.

2016-0632. State ex rel. R&L [Carriers] Shared 
Servs., L.L.C. v. Indus. Comm.

2 08-02-16





August Disciplinary Hearings Announced
By Staff Report | August 1, 2016

The Board of Professional Conduct today 
announced the disciplinary hearings involving 
attorneys and judges charged with professional 
misconduct that are scheduled in August. All 
hearings take place before a three-member panel 
of the board and are open to the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as 
scheduled. Upon request, case documents can be 
obtained via email.

August 15
Reinstatement of William Charles Helbley Jr., 
Petitioner; Mahoning County Bar Association, 
Relator
Case No. 2012-054
Petitioner’s address: 3480 Olde Winter Trail, 
Poland
Petitioner’s counsel: James R. Wise, Boardman
Hearing Time/Location: 10 a.m.; Cuyahoga 
County Common Pleas Court, Justice Center, 
1200 Ontario St., Courtroom 21D, Cleveland

August 16
Disciplinary Counsel, Relator v. Thomas Patrick 
Maney Jr., Respondent
Case No. 2015-074
Respondent’s address: 7100 Huntley Road, Suite 
202, Columbus
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., North 
Hearing Room 106, Columbus

August 26
Disciplinary Counsel, Relator v. Stephanie Gail 
Gussler, Respondent
Case No. 2015-021
Respondent’s address: 339 E. Maple St., 
Granville
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

August 29
Disciplinary Counsel, Relator v. Andrew Osyp 
Martyniuk, Respondent
Case No. 2016-015
Respondent’s address: 1235 Fairview Drive, Kent
Respondent’s counsel: Peter T. Cahoon, Akron
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

August 30
Lorain County Bar Association, Relator v. Kenneth 
Allen Nelson II, Respondent
Case No. 2016-010
Respondent’s address: 175 Inwood Blvd., Avon 
Lake
Respondent’s counsel: Daniel G. Wightman, Avon 
Lake
Hearing Time/Location: 10 a.m.; Fifth District 
Court of Appeals, Citizens Building, 110 Central 
Plaza, Suite 320, Canton

August 30
Disciplinary Counsel, Relator v. Shawn Andrea 
Little, Respondent
Case No. 2016-011
Respondent’s address: 118 Graceland Blvd., 
Columbus
Respondent’s counsel: William C. Mann, Powell
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, Room 281





CASE ANNOUNCEMENTS 
August 1, 2016 

[Cite as 08/01/2016 Case Announcements, 2016-
Ohio-5164.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF AUGUST 1, 2016

The official version of the opinion listed below, 
which was previously released as a slip opinion, 
has been published in the August 1, 2016 Ohio 
Official Reports advance sheet. This opinion 
should now be cited using the Ohio Official 
Reports citation format.

2011-2005. State v. Dean, 146 Ohio St.3d 106, 
2015-Ohio-4347.

MOTION AND PROCEDURAL RULINGS

2016-0683. Lavi Holdings, L.L.C. v. Cuyahoga 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-904 through 
2015-907. This cause is pending before the court 
as an appeal from the Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals, it is 
ordered by the court that the cause is remanded 
to the Board of Tax Appeals to take further action 
as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.





CASE ANNOUNCEMENTS 
July 29, 2016

[Cite as 07/29/2016 Case Announcements, 2016-
Ohio-5156.]

MERIT DECISIONS WITH OPINIONS

2016-0003 and 2016-0152. State v. Washington, 
Slip Opinion No. 2016-Ohio5152.

Franklin App. No. 15AP-538, 2015-Ohio-4970. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2015-1880. Cleveland Mun. School Dist. Bd. of 
Edn. v. Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, No. 2014-3488. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.




CASE ANNOUNCEMENTS July 29, 2016
[Cite as 07/29/2016 Case Announcements, 2016-
Ohio-5156.]
MERIT DECISIONS WITH OPINIONS
2016-0003 and 2016-0152. State v. Washington, 
Slip Opinion No. 2016-Ohio- 5152.
Franklin App. No. 15AP-538, 2015-Ohio-4970. 
Judgment reversed and cause remanded.
O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.
MOTION AND PROCEDURAL RULINGS
2015-1880. Cleveland Mun. School Dist. Bd. of 
Edn. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2014-3488. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.
Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals in order to 
implement a settlement, it is ordered by the court 
that the cause is remanded to the Board of Tax 
Appeals to take further action as appropriate.
It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.





CASE ANNOUNCEMENTS 
July 28, 2016

[Cite as 07/28/2016 Case Announcements, 2016-
Ohio-5129.]

MERIT DECISIONS WITH OPINIONS

2013-1619. State v. Mole, Slip Opinion No. 2016-
Ohio-5124.

Cuyahoga App. No. 98900, 2013-Ohio-3131. 
Judgment affirmed. O’Connor, C.J., and Pfeifer 
and O’Neill, JJ., concur. Lanzinger, J., concurs in 
judgment only, in an opinion. Kennedy, J., 
dissents in an opinion that O’Donnell, J., joins. 
French, J., dissents in an opinion that O’Donnell, 
J., joins.

2015-2078. Disciplinary Counsel v. Catalfina, Slip 
Opinion No. 2016-Ohio5126.

On Final Report by the Board on the 
Unauthorized Practice of Law, No. UPL 13

05. Consent decree approved. Kelly Catalfina is 
enjoined from all activities that constitute the 
unauthorized practice of law in Ohio.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

AFFIDAVITS OF DISQUALIFICATION

The chief justice has released the following 
judicial-disqualification opinion, which was 
previously issued as an entry in response to an 
affidavit of disqualification filed pursuant to R.C. 
2701.031.

16-AP-029. In re Disqualification of Berkowitz, 
2016-Ohio-5127 (decided May 4, 2016).

MOTION AND PROCEDURAL RULINGS

2016-0645. Orr v. Lazaroff.

In Habeas Corpus. This cause came on for further 
consideration upon the filing of petitioner’s motion 
for judgment on the pleadings. It is ordered by the 
court that the motion is denied as moot.

2016-0735. Arc Cafeusa001, L.L.C. v. Greene 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-922. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Greene County Board of 
Revision in order to implement a settlement, it is 
ordered by the court that the cause is remanded 
to the Greene County Board of Revision to take 
further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals and the 
Greene County Board of Revision.

DISCIPLINARY CASES

2014-1905. Disciplinary Counsel v. Stokes.

On application for reinstatement. Angela Rochelle 
Stokes, Attorney Registration No. 0025650, is 
hereby reinstated to the practice of law.

MISCELLANEOUS DISMISSALS

2016-0603. State ex rel. Dunn v. Butler Cty. 
Probate Court.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relators’ application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 07-28-16






CASE ANNOUNCEMENTS 
July 27, 2016

[Cite as 07/27/2016 Case Announcements, 2016-
Ohio-5108.]

MERIT DECISIONS WITH OPINIONS

2014-0490. Innkeeper Ministries, Inc. v. Testa, 
Slip Opinion No. 2016-Ohio5104.

Board of Tax Appeals, No. 2010-2803. Decision 
reversed.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, J., dissents in an opinion that Kennedy 
and French, JJ., join.

2015-1427. State v. Jones, Slip Opinion No. 2016-
Ohio-5105.

Cuyahoga App. No. 101258, 2015-Ohio-2853. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neill, JJ., concur.

Lanzinger, J., concurs in judgment only.

2015-1477. State ex rel. Jackson v. Sloan, Slip 
Opinion No. 2016-Ohio-5106.

Ashtabula App. No. 2015-A-0028, 2015-Ohio-
3220. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1497. State ex rel. McQueen v. Weibling-
Holliday, Slip Opinion No. 2016-Ohio-5107.

Allen App. No. 1-15-28. Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2016-0163. State ex rel. Cincinnati Enquirer v. 
Ohio Dept. of Commerce, Div. of State Fire 
Marshal.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0203. Nelson v. Moore.

In Habeas Corpus. On petition for writ of habeas 
corpus of Jeffrey Nelson. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0230. Byrd v. O'Connell.

In Habeas Corpus. On petition for writ of habeas 
corpus of Kevin Byrd Jr. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0234. Harris v. Luebbers.

In Habeas Corpus. On petition for writ of habeas 
corpus of Donnell Harris. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0268. State ex rel. McIntyre v. Ninth Dist. 
Court of Appeals.

In Mandamus and Prohibition. On motion to 
dismiss of Ninth District Court of

Appeals. Motion granted.

Pfeifer, O’Donnell, Lanzinger, Kennedy, French, 
and O’Neill, JJ., concur.

O’Connor, C.J., not participating.

2016-0294. State ex rel. Evans v. Rothgery.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0409. State ex rel. Wilson v. Robinson.

In Habeas Corpus. On petition for writ of habeas 
corpus of Lawrence Earl Wilson. Sua sponte, 
cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0418. Pianowski v. Coleman.

In Habeas Corpus. On petition for writ of habeas 
corpus of Ted A. Pianowski. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0443. Taylor v. Chuvalas.

In Habeas Corpus. On notice and motion to 
amend caption and substitute warden’s address 
of confinement. Motion granted. On request for 
appointment of counsel. Request denied. On 
petition for writ of habeas corpus of Brentford 
Taylor. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0451. Gerald v. Summit Cty. Jail.

In Habeas Corpus. On petition for writ of habeas 
corpus of Jeremy Gerald. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0502. Appenzeller v. Miller.

In Habeas Corpus. On petition for writ of habeas 
corpus of Russell E. Appenzeller. Sua sponte, 
cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0602. Johnson v. Mohr.

In Habeas Corpus. On amended petition for writ 
of habeas corpus of Ronald G. Johnson. Sua 
sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0645. Orr v. Lazaroff.

In Habeas Corpus. On motion to take judicial 
notice in accord to plain error provisions. Motion 
denied. On conditional petition for writ of habeas 
corpus concerning condition of confinement of 
Darllel B. Orr. Sua sponte, cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0653. Johnson v. Bur. of Sentence 
Computation.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0666. Lang v. Gorman.

In Procedendo. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

O’Neill, J., dissents.

2016-0686. State ex rel. Prade v. Ninth Dist. Court 
of Appeals.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration thereof, it is ordered by the 
court, sua sponte, that an alternative writ is 
granted and the following briefing schedule is set 
for presentation of evidence and filing of briefs 
pursuant to S.Ct.Prac.R. 12.05:

The parties shall file any evidence they intend to 
present within 20 days of the date of this entry; 
relator shall file a brief within 10 days of the filing 
of the evidence; respondent shall file a brief within 
20 days after the filing of relator’s brief; and 
relator may file a reply brief within 7 days after the 
filing of respondent’s brief.

It is further ordered that the respondents’ motions 
to dismiss are denied. Relator’s motion for leave 
to file revised memorandum in support of writ of 
prohibition and incorporated memorandum in 
support is granted.

Pfeifer, Kennedy, French, and O’Neill, JJ., concur.

O’Donnell and Lanzinger, JJ., dissent.

O’Connor, C.J., not participating.

2016-0720. Ward v. Belmont Cty. Court of 
Common Pleas.

In Mandamus. On S.Ct.Prac.R. 12.04 
determination and motion for judgment on 
pleadings. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0774. Wilson v. Bracy.

In Habeas Corpus. On petition for writ of habeas 
corpus of Shawn Wilson. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0785. Parks v. State.

Miscellaneous case. On motion of Rachel N. 
Parks, Clayton M. Bates, and R-Lotus Justice for 
emergency injunction and ex parte order. Motion 
denied. On motions to dismiss. Motions granted, 
cause dismissed. On motion to strike and demand 
for emergency injunction and stay. Motions denied 
as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0839. Nedea v. Cook.

In Habeas Corpus. On petition for writ of habeas 
corpus of Romulus Nedea. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0863. Smith v. Moore.

In Habeas Corpus. On petition for writ of habeas 
corpus of Christopher Smith. Sua sponte, cause 
dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2010-1406. State v. Pickens.

Hamilton C.P. No. B0905088. On application for 
reopening under S.Ct.Prac.R.

11.06. Application denied.

2014-0940. State v. Woods.

Cuyahoga App. No. 99630, 2014-Ohio-1722. It is 
ordered by the court, sua sponte, that this cause 
is no longer held for the decision in 2014-0941, 
State v. Shabazz. The case is now held for the 
decision in 2014-0942, State v. Walker, and the 
briefing schedule remains stayed.

2015-1608. Zillow v. Bosel.

In Mandamus. On motion for hearing to present 
evidence. Motion denied.

2015-1831. State ex rel. Schroeder v. Cleveland.

In Mandamus. On motion to intervene of John 
Coughlin, Vincent DiTeodoro, Bradley Englehart, 
William Gorey III, and James Thomas. Motion 
granted.

2016-0593. U.S. Bank, N.A. v. Christmas.

Montgomery App. No. 26695, 2016-Ohio-236. On 
review of an order certifying a conflict. The court 
determines that a conflict exists. The cause is 
accepted, the judgment of the court of appeals is 
vacated, and the cause is remanded to the court 
of appeals for application of the decision in 
Deutsche Bank Natl. Trust Co. v. Holden, Slip 
Opinion No. 2016-Ohio-4603.

2016-0621. Rush v. Univ. of Cincinnati Physicians, 
Inc.

Hamilton App. No. C-150309, 2016-Ohio-947. On 
review of an order certifying a conflict. It is 
determined that no conflict exists within the 
meaning of S.Ct.Prac.R.

8.02.	Cause dismissed. Pfeifer and O’Neill, 
JJ., dissent.

2016-0776. State v. Weems.

Cuyahoga App. No. 102954, 2016-Ohio-701. On 
motion for leave to file delayed appeal. Motion 
granted.

O’Donnell, Lanzinger, and French, JJ., dissent.

2016-0780. State v. North.

Seneca App. No. 13-15-16, 2015-Ohio-4526. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0781. State v. Hamlin.

Summit App. No. 27650, 2016-Ohio-1196. On 
motion for leave to file delayed appeal. Motion 
granted.

2016-0791. State v. Law.

Medina App. No. 15CA0087-M. On motion for 
leave to file delayed appeal. Motion denied.

2016-0792. State v. Harris.

Cuyahoga App. No. 102855, 2016-Ohio-391. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0796. State v. Johnson.

Lorain App. No. 15CA010746, 2016-Ohio-58. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0797. State v. Lee.

Richland App. No. 15-CA-52, 2016-Ohio-1045. 
On motion for leave to file delayed appeal. Motion 
denied.

Pfeifer and O’Neill, JJ., dissent.

2016-0801. State v. Tubbs.

Miami App. No. 2015-CA-14, 2016-Ohio-842. On 
motion for leave to file delayed appeal. Motion 
denied.

2016-0822. State v. Gibson.

Stark App. No. 2013CA00175, 2014-Ohio-1169. 
On motion for leave to file delayed appeal. Motion 
denied.

2016-0826. State v. Person.

Summit App. No. 27600, 2016-Ohio-681. On 
motion for leave to file delayed appeal. Motion 
denied.

Lanzinger, J., dissents.

2016-0840. State v. Bates.

Cuyahoga App. No. 102756, 2015-Ohio-4989. On 
motion for leave to file delayed appeal. Motion 
denied. On motion for stay of court of appeals’ 
judgment. Motion denied as moot.

2016-0877. State v. Terry.

Franklin App. Nos. 15AP-176 and 15AP-178, 
2015-Ohio-3847. On motion for leave to file 
delayed appeal. Motion denied.

2016-0896. In re Guardianship of Sweeney.

Cuyahoga App. No. 103285, 2016-Ohio-3260. On 
motion for stay of judgment of the court of 
appeals. Motion denied. On motion to strike 
response to motion for stay of judgment of the 
court of appeals. Motion denied.

O’Donnell, Lanzinger, and Kennedy, JJ., dissent.

2016-0922. Sparks v. Sparks.

Warren App. No. CA2015-10-095, 2016-Ohio-
2896. On motion for immediate stay of court of 
appeals’ decision. Motion denied.

APPEALS ACCEPTED FOR REVIEW

2016-0490. State v. Gales.

Cuyahoga App. No. 102809, 2016-Ohio-588. 
Discretionary appeal accepted, cross-appeal not 
accepted, and cause held for decision in 2015-
0473, State v. Thomas, and briefing schedule 
stayed.

French, J., dissents in part and would also accept 
the cross-appeal on Proposition of Law No. I only, 
and hold the cause for the decision in 2015-1427, 
State v. Jones.

Pfeifer and O’Neill, JJ., dissent and would not 
accept the discretionary appeal.

2016-0564. Gyugo v. Franklin Cty. Bd. of Dev. 
Disabilities.

Franklin App. No. 15AP-150, 2016-Ohio-823. 
O’Connor, C.J., and Lanzinger and Kennedy, JJ., 
dissent.

2016-0570. State v. Schroeder.

Lucas App. No. L-14-1228, 2016-Ohio-849. 
Discretionary appeal accepted and cause held for 
decision in 2016-0215, State v. Grimes, and 
briefing schedule stayed.

O’Connor, C.J., and Pfeifer, J., dissent.

2016-0585. Nationwide Mut. Ins. Co. v. Lucarell.

Mahoning App. Nos. 2013 MA 00074 and 2013 
MA 00133. O’Connor, C.J., and Lanzinger and 
O’Neill, JJ., dissent.

2016-0636. Rush v. Univ. of Cincinnati Physicians, 
Inc.

Hamilton App. No. C-150309, 2016-Ohio-947. 
Discretionary appeal accepted on

Proposition of Law No. I.

Pfeifer and O’Neill, JJ., would accept the cause 
on all propositions of law.

O’Connor, C.J., and O’Donnell and Kennedy, JJ., 
dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2016-0391. State v. Chandler.

Trumbull App. No. 2015-T-0033, 2016-Ohio-1017.

2016-0548. State v. Wells.

Jefferson App. No. 15 JE 0007, 2016-Ohio-3019.

2016-0552. In re R.H.

Allen App. No. 1-15-37, 2016-Ohio-746. Pfeifer, 
J., dissents.

2016-0553. Parmertor v. Chardon Local Schools.

Lake App. Nos. 2014-L-129 and 2014-L-133, 
2016-Ohio-761.

O’Connor, C.J., dissents and would accept the 
appeal, and would accept the second appeal on 
Proposition of Law No. I.

Lanzinger, J., dissents and would accept the 
appeal.

2016-0554. State v. Johnson.

Scioto App. No. 14CA3612, 2016-Ohio-1070.

2016-0555. State v. Mansour.

Warren App. No. CA2015-06-051, 2016-Ohio-755.

2016-0557. Ohio Dist. Council, Inc., of the 
Assemblies of God v. Speelman.

Butler App. No. CA2015-02-031, 2016-Ohio-751. 
Pfeifer, J., dissents.

2016-0571. Caldwell v. Good Samaritan Hosp.

Hamilton App. No. C-150750.

2016-0574. State v. Woods.

Franklin App. No. 15AP-24, 2016-Ohio-661. 
O’Donnell and French, JJ., dissent.

2016-0581. HIP Loans, L.L.C. v. Horta, L.L.C.

Clark App. No. 2015-CA-10.

2016-0582. State v. Curry.

Allen App. No. 1-15-05, 2016-Ohio-861.

2016-0583. Rogers v. Eppinger.

Lorain App. No. 16CA010920.

2016-0586. Shuerman v. Eastwood Local School 
Dist. Bd. of Edn.

Wood App. No. WD-15-044, 2016-Ohio-846. 
Pfeifer and O’Neill, JJ., dissent.

2016-0587. Smith v. Candiello.

Lucas App. No. L-15-1125, 2016-Ohio-844. 
Lanzinger, J., dissents.

2016-0592. State v. Rupert.

Belmont App. No. 14 BE 0018, 2016-Ohio-1056.

2016-0597. State v. Gammon.

Hardin App. No. 6-15-12.

2016-0598. State v. Tucker.

Franklin App. Nos. 15AP-434 and 15AP-435, 
2016-Ohio-1033.

2016-0599. State v. Robinson.

Cuyahoga App. No. 104110.

2016-0610. U.S. Bank v. Maxfield.

Butler App. No. CA2015-06-121, 2016-Ohio-71.

2016-0617. Aloha Spy v. Ace Home Health Care.

Cuyahoga App. No. 104271. Motion for leave to 
proceed denied as moot.

2016-0619. State v. Martin.

Cuyahoga App. No. 102783, 2016-Ohio-922. 
Lanzinger and French, JJ., dissent.

2016-0620. Marshall v. Durrani.

Butler App. No. CA2015-07-130.

2016-0624. Delta Fuels, Inc. v. DLZ Ohio, Inc.

Lucas App. No. L-15-1001, 2016-Ohio-970.

2016-0625. State v. Jones.

Cuyahoga App. No. 103017.

2016-0628. Harris v. Ohio Bur. of Sentence 
Computation.

Franklin App. No. 16AP-115.

2016-0630. State v. Clark.

Hamilton App. No. C-150318, 2016-Ohio-948. 
Pfeifer, French, and O’Neill, JJ., dissent.

2016-0631. State v. Davis.

Hamilton App. No. C-160287.

2016-0635. State v. Saunders.

Cuyahoga App. No. 102731, 2016-Ohio-292.

2016-0637. State v. Vega.

Cuyahoga App. No. 103142, 2016-Ohio-939.

2016-0640. State v. Summers.

Mercer App. No. 10-15-15.

2016-0641. Auora Bank F.S.B. v. Gordon.

Cuyahoga App. No. 103138, 2016-Ohio-938. 
Motion for stay denied as moot.

2016-0642. State v. Taylor.

Montgomery App. No. 26327, 2016-Ohio-1100.

2016-0650. State v. Johnson.

Delaware App. No. 15 CAA 11 0092, 2016-Ohio-
1213.

2016-0651. State v. Martin.

Hancock App. No. 5-15-28, 2016-Ohio-989.

2016-0655. Boyd v. Ohio Dept. of Rehab. & Corr.

Franklin App. No. 16AP-245.

2016-0657. State v. Underwood.

Montgomery App. No. 26711, 2016-Ohio-1101.

2016-0660. State v. Mitchell.

Pickaway App. No. 15CA18, 2016-Ohio-1133. 
O’Donnell, J., dissents.

2016-0661. State v. Artripe.

Knox App. No. 15CA7, 2015-Ohio-4155.

2016-0662. State v. Pullin.

Stark App. No. 2015CA00134, 2016-Ohio-1179.

2016-0663. McCarthy v. Sterling Chems., Inc.

Hamilton App. No. C-150274, 2016-Ohio-1039. 
Pfeifer, O’Donnell, and O’Neill, JJ., dissent.

2016-0664. Ford v. Sunbridge Care Ents.

Cuyahoga App. No. 103031, 2016-Ohio-1122.

2016-0668. Chase Home Fin., L.L.C. v. 
Lindenmayer.

Licking App. No. 15-CA-32, 2016-Ohio-1202.

2016-0669. Pottmeyer v. E. Ohio Gas Co.

Washington App. Nos. 15CA14 and 15CA29, 
2016-Ohio-1294.

2016-0670. Zielinski v. Prewitt.

Wood App. No. WD-15-011, 2016-Ohio-1112.

2016-0671. State v. Norton.

Cuyahoga App. No. 103048, 2016-Ohio-1123.

2016-0673. Ohio Council 8, AFSCME, AFL-CIO v. 
Cleveland.

Cuyahoga App. No. 103354, 2016-Ohio-1128.

2016-0674. State v. Valdez.

Lorain App. No. 14CA010624.

2016-0675. State v. Lonero.

Lucas App. No. L-14-1229, 2016-Ohio-1113.

O’Connor, C.J., and Lanzinger and Kennedy, JJ., 
dissent and would accept the appeal and hold the 
cause for the decision in 2016-0215, State v. 
Grimes.

2016-0677. State v. Amey.

Cuyahoga App. Nos. 103000 and 103001, 2016-
Ohio-1121.

2016-0678. State v. Jones.

Cuyahoga App. No. 102995, 2016-Ohio-1120.

2016-0679. State v. Saxton.

Franklin App. No. 15AP-16, 2016-Ohio-1233.

2016-0684. State v. Williams.

Butler App. No. CA2015-08-152. O’Donnell, J., 
dissents.

2016-0685. State v. Wainscott.

Clermont App. No. CA2015-07-056, 2016-Ohio-
1153.

2016-0687. State v. Gensert.

Trumbull App. No. 2015-T-0084, 2016-Ohio-1163.

2016-0690. Breitenbach v. Double Z Constr. Co., 
L.L.C.

Licking App. No. 15 CA 53, 2016-Ohio-1272. 
Pfeifer and O’Neill, JJ., dissent.

2016-0697. State v. Stober.

Putnam App. No. 12-13-09.

2016-0701. Mayberry v. Mayberry.

Franklin App. No. 15AP-160, 2016-Ohio-1031.

2016-0703. Barrow v. New Miami.

Butler App. No. CA2015-03-043, 2016-Ohio-340.

O’Connor, C.J., dissents and would accept the 
appeal on Proposition of Law No. I.

Lanzinger, J. dissents and would accept the 
appeal on Proposition of Law Nos. I and III.

Kennedy, J., dissents.

William J. Klatt, J. of the Tenth Appellate District, 
sitting for O’Donnell, J.

2016-0718. State v. Franchi.

Summit App. No. 27797, 2016-Ohio-1195.

2016-0721. State v. Breeze.

Franklin App. No. 15AP-1027, 2016-Ohio-1457.

2016-0752. State v. Amos.

Hamilton App. No. C-150265, 2016-Ohio-1319.

2016-0756. State v. Willan.

Summit App. No. 27188, 2016-Ohio-1335.

Lanzinger, J., dissents.

O’Connor, C.J., not participating.

2016-0764. State v. Hunter.

Summit App. No. 26610.

2016-0767. State v. Hawkins.

Franklin App. No. 15AP-35, 2016-Ohio-1404.

2016-0771. State v. Layman.

Lawrence App. No. 14CA35, 2016-Ohio-1503.

2016-0772. Farmer v. PNC Bank, N.A.

Montgomery App. No. 26911.

2016-0777. State v. Jordan.

Scioto App. No. 13CA3590.

2016-0779. State v. Groves.

Franklin App. Nos. 15AP-855, 15AP-856, 15AP-
861, and 15AP-862, 2016-Ohio1408.

2016-0804. State v. Guzman.

Butler App. No. CA2015-11-198 French, J., 
dissents.

2016-0816. In re S.D.

Lorain App. Nos. 15CA010864 and 15CA010867, 
2016-Ohio-1493.

2016-0867. State v. Pyles.

Mahoning App. No. 13 MA 22, 2016-Ohio-3014.

2016-0894. In re J.L.

Franklin App. No. 15AP-889, 2016-Ohio-2858. 
Motion for stay is denied as moot.

O’Donnell, J., dissents, and would accept the 
cause and grant the motion for stay.

RECONSIDERATION OF PRIOR DECISIONS

2014-1161. World Harvest Church v. Grange Mut. 
Cas. Co.

Franklin App. No. 13AP-290, 2013-Ohio-5707. 
Reported at __ Ohio St.3d __, 2016-Ohio-2913, 
__N.E.3d __. On motion for reconsideration. 
Motion denied.

2014-1769. Toledo City School Dist. Bd. of Edn. v. 
State Bd. of Edn.

Franklin App. Nos. 14AP-93, 14AP-94, and 14AP-
95, 2014-Ohio-3741. Reported at __ Ohio St.3d 
__, 2016-Ohio-2806, __N.E.3d __. On motion for 
reconsideration. Motion denied.

Lanzinger and O’Neill, JJ., dissent.

2015-0846. State ex rel. Dawson v. Summit Cty. 
Court of Common Pleas.

Summit App. No. 27728. Reported at __ Ohio 
St.3d __, 2016-Ohio-1597, __ N.E.3d __. On 
motion for reconsideration. Motion denied.

Pfeifer, J., dissents.

2015-1031. State ex rel. Bradford v. Dinkelacker.

Hamilton App. No. C-150237. Reported at __ 
Ohio St.3d __, 2016-Ohio-2916, __ N.E.3d __. On 
amended motion for reconsideration. Motion 
denied.

O’Donnell, J., dissents.

2016-0056. Clark v. Grant Med. Ctr.

Franklin App. No. 14AP-833, 2015-Ohio-4958. 
Reported at 145 Ohio St.3d 1458, 2016-Ohio-
2807, 49 N.E.3d 320. On motion for 
reconsideration. Motion denied.

O’Neill, J., dissents.

2016-0120. Kerger & Hartman, L.L.C. v. Ajami.

Lucas App. No. L-14-1219, 2015-Ohio-5157. 
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for 
reconsideration as to Proposition of Law No. 1. 
Motion denied.

O’Connor, C.J., and Lanzinger and O’Neill, JJ., 
dissent.

2016-0311. State v. Fite.

Adams App. No. 14CA998, 2016-Ohio-284. 
Reported at 145 Ohio St.3d 1472, 2016-Ohio-
3028, 49 N.E.3d 1314. On motion for 
reconsideration. Motion denied.

2016-0414. State v. Elder.

Stark App. No. 2014CA00135, 2015-Ohio-3564. 
Reported at 145 Ohio St.3d 1469, 2016-Ohio-
3028, 49 N.E.3d 1312. On motion for 
reconsideration. Motion denied.

Pfeifer and Kennedy, JJ., dissent.





CASE ANNOUNCEMENTS 
July 26, 2016

[Cite as 07/26/2016 Case Announcements, 2016-
Ohio-5101.]

MERIT DECISIONS WITH OPINIONS

2015-0132. Link v. FirstEnergy Corp., Slip Opinion 
No. 2016-Ohio-5083.

Cuyahoga App. No. 101286, 2014-Ohio-5432. 
Judgment reversed and cause

remanded.

O’Connor, C.J., and Lanzinger, Kennedy, and 
French, JJ., concur.

O’Donnell, J., dissents.

O’Neill, J., dissents in an opinion that Pfeifer, J., 
joins.

2015-0532. State ex rel. Perez v. Indus. Comm., 
Slip Opinion No. 2016-Ohio5084.

Franklin App. No. 14AP-394, 2015-Ohio-588. 
Judgment affirmed in part and reversed in part.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

Pfeifer, J., dissents and would affirm the judgment 
of the court of appeals.

2015-2012. Columbus Bar Assn. v. Roseman, Slip 
Opinion No. 2016-Ohio5085.

On Certified Report by the Board of Professional 
Conduct, No. 2015-003. Darwin Richard 
Roseman, Attorney Registration No. 0064756, is 
hereby suspended from the practice of law for one 
year, with six months stayed on conditions.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2014-1966. Tribett v. Shepherd.

Belmont App. No. 13 BE 22, 2014-Ohio-4320. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the joint motion of 
appellees and amicus curiae, the state of Ohio, 
for divided argument time scheduled for Tuesday, 
August 16, 2016, it is ordered by the court that the 
motion is granted. Amicus curiae shall share the 
time allotted to appellees.

2015-0389. Carrollton City Schools Bd. of Edn. v. 
Montgomery Cty. Bd. of Revision.

Board of Tax Appeals, No. 2012-4862. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellee’s motion to reset 
date for oral argument, it is ordered by the court 
that the motion is granted.

MISCELLANEOUS DISMISSALS

2015-1744. CSFB 2002-CP3 River St. Square, 
L.L.C. v. Lorain Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1104. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of appellant’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

2 07-26-16





CASE ANNOUNCEMENTS 
July 25, 2016

[Cite as 07/25/2016 Case Announcements, 2016-
Ohio-5078.]

DISCIPLINARY CASES

2013-1622. Disciplinary Counsel v. Hale.

On application for reinstatement. Harland Hanna 
Hale, Attorney Registration No. 0023464, is 
hereby reinstated to the practice of law.






CASE ANNOUNCEMENTS 
July 22, 2016

[Cite as 07/22/2016 Case Announcements, 2016-
Ohio-5047.]

MOTION AND PROCEDURAL RULINGS

2015-1782. State v. Shalash.

Warren App. No. CA2014-12-146, 2015-Ohio-
3836. This cause is pending before the court on 
the certification of a conflict by the Court of 
Appeals for Warren County.

Upon consideration of the joint motion of appellee 
and amicus curiae, Ohio Attorney General 
Michael DeWine, for divided argument time 
scheduled for Tuesday, August 30, 2016, it is 
ordered by the court that the motion is granted. 
Amicus curiae shall share the time allotted to 
appellee.

2016-0453. Whirlpool Corp. v. Hancock Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-122. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Hancock County Board of 
Revision in order to implement a settlement, it is 
ordered by the court that the cause is remanded 
to the Hancock County Board of Revision to take 
further action as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals and the 
Hancock County Board of Revision.

DISCIPLINARY CASES

2010-1463. Disciplinary Counsel v. Muntean.

On July 5, 2016, respondent, Christopher 
Muntean, filed a motion to terminate probation. 
Upon consideration thereof, the court finds that 
respondent has substantially complied with 
Gov.Bar R. V(21)(D) and with its order dated 
March 17, 2014, in which the court reinstated 
respondent to the practice of law and placed him 
on monitored probation for a period of two years.

On consideration thereof, it is ordered by this 
court that the probation of respondent, 
Christopher Muntean, Attorney Registration No. 
0077343, last known business address in Akron, 
Ohio, is terminated.

It is further ordered that the clerk of this court 
issue certified copies of this order as provided for 
in Gov.Bar R. V(17)(D)(1) and that publication be 
made as provided for in Gov.Bar R. V(17)(D)(2).

2 07-22-16





CASE ANNOUNCEMENTS 
July 21, 2016

[Cite as 07/21/2016 Case Announcements, 2016-
Ohio-5039.]

MERIT DECISIONS WITH OPINIONS

2014-0749. State ex rel. School Choice Ohio, Inc. 
v. Cincinnati Pub. School Dist., Slip Opinion No. 
2016-Ohio-5026.

In Mandamus. Writ granted in part and denied in 
part.

Pfeifer, Lanzinger, Kennedy, and O’Neill, JJ., 
concur.

O’Connor, C.J., concurs in part and dissents in 
part in declining to award attorney fees.

O’Donnell, J., concurs in judgment in an opinion 
that French, J., joins.

2014-1881 and 2014-1962. Onderko v. Sierra 
Lobo, Inc., Slip Opinion No. 2016-Ohio-5027.

Erie App. No. E-14-009, 2014-Ohio-4115. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, 
French, and O’Neill, JJ., concur.

O’Donnell, J., dissents in an opinion.





CASE ANNOUNCEMENTS 
July 20, 2016

[Cite as 07/20/2016 Case Announcements, 2016-
Ohio-5021.]

MERIT DECISIONS WITH OPINIONS

2014-1641. State ex rel. Aaron’s, Inc. v. Ohio Bur. 
of Workers’ Comp., Slip Opinion No. 2016-Ohio-
5011.

Franklin App. No. 13AP-170, 2014-Ohio-3425. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, French, and O’Neill, 
JJ., concur.

O’Donnell, J., dissents in an opinion that 
Lanzinger and Kennedy, JJ., join.

2015-0340. 250 Shoup Mill, L.L.C. v. Testa, Slip 
Opinion No. 2016-Ohio-5012.

Board of Tax Appeals, No. 2011-2226. Decision 
affirmed.

O’Connor, C.J., and Pfeifer, Lanzinger, and 
O’Neill, JJ., concur.

O’Donnell, J., dissents in an opinion.

Kennedy, J., dissents in an opinion that O’Donnell 
and French, JJ., join.

MOTION AND PROCEDURAL RULINGS

2016-0317. State v. Anderson.

Montgomery App. No. 26525, 2016-Ohio-135. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Montgomery 
County.

Upon consideration of appellant’s motion for 
appointment of the Office of the Ohio Public 
Defender as counsel, it is ordered by the court 
that the motion is granted and the Office of the 
Ohio Public Defender is appointed to represent 
appellant.

2016-0743. Giant Oil, Inc. v. Ashland Cty. Bd. of 
Revision.

Board of Tax Appeals, No. 2015-930. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Board of Tax Appeals, it is 
ordered by the court that the cause is remanded 
to the Board of Tax Appeals to take further action 
as appropriate.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals.

MISCELLANEOUS DISMISSALS

2016-0996. State v. Bradley.

Scioto App. No. 15CA3721, 2016-Ohio-3245. This 
cause is pending before the court as a 
jurisdictional appeal. The records of this court 
indicate that appellant has not filed a 
memorandum in support of jurisdiction, due July 
18, 2016, in compliance with the Rules of Practice 
of the Supreme Court of Ohio and therefore has 
failed to prosecute this cause with the requisite 
diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

DISCIPLINARY CASES

2005-1115. Columbus Bar Assn. v. Winkfield.

This matter came on for further consideration 
upon the filing by respondent of a motion for an 
extension of time for the Ohio Lawyers Assistance 
Program (“OLAP”) to conduct an evaluation of 
respondent as previously ordered by this court 
and the filing by relator of an amended motion to 
impose suspension.

Upon consideration thereof, it is ordered by the 
court that respondent’s motion for an extension of 
time for OLAP to conduct an evaluation of 
respondent is granted. Respondent shall undergo 
an evaluation by OLAP within 60 days of the date 
of this order. It is further ordered that relator’s 
amended motion to impose suspension is denied.

2016-0886. In re Resignation of Bodor.

On application for resignation of Csaba Andrew 
Bodor, Attorney Registration No. 0025613, and on 
report filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.

2 07-20-16

MEDIATION MATTERS

The following case has been referred to mediation 
pursuant to S.Ct.Prac.R. 19.01(A).

2016-0968. State ex rel. 31, Inc. v. Indus. Comm.

Franklin App. No. 14AP-925, 2016-Ohio-3526.

3 07-20-16






CASE ANNOUNCEMENTS 
July 19, 2016

[Cite as 07/19/2016 Case Announcements, 2016-
Ohio-5010.]

MERIT DECISIONS WITH OPINIONS

2014-0688. Morris v. Morris, Slip Opinion No. 
2016-Ohio-5002.

Greene App. No. 2013-CA-29, 2014-Ohio-734. 
Judgment affirmed.

Pfeifer, O’Donnell, Lanzinger, Kennedy, and 
Baldwin, JJ., concur.

O’Connor, C.J., concurs in judgment only.

O’Neill, J., dissents in an opinion.

Craig R. Baldwin, J., of the Fifth Appellate District, 
sitting for French, J.

2014-1267. State ex rel. Maddox v. Lincoln Hts., 
Slip Opinion No. 2016-Ohio5001.

In Mandamus. Motion denied and cause returned 
to mediation.

O’Connor, C.J., and O’Donnell, Lanzinger, and 
O’Neill, JJ., concur.

Pfeifer, J., dissents and would approve the 
settlement.

Kennedy and French, JJ., dissent.

MISCELLANEOUS DISMISSALS

2016-0959. Parks v. Parks.

Butler App. No. CA2015-12-223, 2016-Ohio-3218. 
This cause is pending before the court as a 
jurisdictional appeal. The records of this court 
indicate that appellant has not filed a 
memorandum in support of jurisdiction, due July 
15, 2016, in compliance with the Rules of Practice 
of the Supreme Court of Ohio and therefore has 
failed to prosecute this cause with the requisite 
diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.






CASE ANNOUNCEMENTS 
July 18, 2016

[Cite as 07/18/2016 Case Announcements, 2016-
Ohio-4986.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JULY 18, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the July 18, 2016 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2012-2049 and 2014-1392. Disciplinary Counsel 
v. Bunstine, 146 Ohio St.3d 1229, 2016-Ohio-
2735.

2014-2148. Disciplinary Counsel v. Coleman, 146 
Ohio St.3d 1230, 2016-Ohio2736.

2014-2159. Disciplinary Counsel v. Quinn, 146 
Ohio St.3d 1231, 2016-Ohio2737.

2015-0159. State ex rel. R.W. v. Williams, 146 
Ohio St.3d 91, 2016-Ohio-562.

2015-0889. State ex rel. Dunn v. Franklin Cty. 
Court of Common Pleas, 146 Ohio St.3d 101, 
2016-Ohio-2915.

2015-1636. Geauga Cty. Bar Assn. v. Bond, 146 
Ohio St.3d 97, 2016-Ohio1587.

2015-2008. Cincinnati Bar Assn. v. Glaser, 146 
Ohio St.3d 102, 2016-Ohio3052.

16-AP-009. In re Disqualification of Forchione, 
146 Ohio St.3d 1224, 2016Ohio-3111.

16-AP-010. In re Disqualification of Ghiz, 146 
Ohio St.3d 1222, 2016-Ohio3132.

16-AP-014. In re Disqualification of Huffman, 146 
Ohio St.3d 1226, 2016Ohio-3133.

DISCIPLINARY CASES

2016-1035. In re King.

On certified entry of felony conviction. Matthew 
Joseph King, Attorney Registration No. 0067189, 
is hereby suspended from the practice of law for 
an interim period.

2 07-18-16





CASE ANNOUNCEMENTS 
July 15, 2016

[Cite as 07/15/2016 Case Announcements, 2016-
Ohio-4969.]

MOTION AND PROCEDURAL RULINGS

In re Harper.

On April 20, 2016, this court found Henry N. 
Harper to be a vexatious litigator under 
S.Ct.Prac.R. 4.03(B). This court further ordered 
that Harper was prohibited from continuing or 
instituting legal proceedings in this court without 
first obtaining leave. On June 27, 2016, Harper 
submitted a motion to obtain leave from the court 
for an appeal.

It is ordered by the court that the motion for leave 
is denied.

In re Howard.

On September 24, 2004, this court found Gregory 
T. Howard to be a vexatious litigator under 
S.Ct.Prac.R. 4.03. This court further ordered that 
Howard was prohibited from continuing or 
instituting legal proceedings in the court without 
obtaining leave. On June 28, 2016, Howard 
presented an application for leave to file a motion 
for reconsideration of the court’s judgment of June 
24, 2016.

It is ordered by the court that the application for 
leave is denied.





CASE ANNOUNCEMENTS 
July 14, 2016

[Cite as 07/14/2016 Case Announcements #2, 
2016-Ohio-4968.]

MOTION AND PROCEDURAL RULINGS

2016-0788. Hooks v. Turner.

Ross App. No. 15CA3477, 2016-Ohio-3083. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Ross County.

Upon consideration of appellant’s motion for stay 
of the court of appeals’ May 18, 2016 decision 
and judgment pending appellate review, it is 
ordered by the court that the motion is granted.





CASE ANNOUNCEMENTS 
July 14, 2016

[Cite as 07/14/2016 Case Announcements, 2016-
Ohio-4949.]

MISCELLANEOUS DISMISSALS

2016-0724. State ex rel. Brotherton v. McMillon.

Erie App. No. E-16-019. This cause is pending 
before the court as an appeal from the Court of 
Appeals for Erie County. The records of this court 
indicate that appellant has not filed a merit brief, 
due July 12, 2016, in compliance with the Rules of 
Practice of the Supreme Court of Ohio and 
therefore has failed to prosecute this cause with 
the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for Erie 
County.





CASE ANNOUNCEMENTS 
July 13, 2016

[Cite as 07/13/2016 Case Announcements, 2016-
Ohio-4936.]

MOTION AND PROCEDURAL RULINGS

2016-1008. Snyder v. Fourth Dist. Court of 
Appeals.

Pike App. No. 16CA870. This cause was filed as 
a jurisdictional appeal. Upon consideration of 
appellant’s memorandum in support of jurisdiction, 
it is determined by the court that this cause 
originated in the court of appeals and, therefore, 
should proceed as an appeal of right pursuant to 
S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Pike County and the 
parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.






CASE ANNOUNCEMENTS 
July 11, 2016

[Cite as 07/11/2016 Case Announcements #3, 
2016-Ohio-4932.]

MOTION AND PROCEDURAL RULINGS

2015-0484. Defiance Cty. v. Testa.

Board of Tax Appeals, No. 2014-2059. This cause 
is pending before the court as an appeal from the 
Board of Tax Appeals.

Upon consideration of the joint motion to remand 
the appeal to the Tax Commissioner of Ohio to 
effectuate settlement, it is ordered by the court 
that the cause is remanded to the tax 
commissioner to take further action as 
appropriate.

It is further ordered that the oral argument 
scheduled for July 13, 2016, is cancelled and the 
emergency joint motion for extension of oral 
argument pending settlement is denied as moot.

It is further ordered that a mandate be sent to and 
filed with the Board of Tax Appeals and the tax 
commissioner.





CASE ANNOUNCEMENTS 
July 12, 2016

[Cite as 07/12/2016 Case Announcements, 2016-
Ohio-4914.]

MISCELLANEOUS DISMISSALS

2016-0970. Schmidt v. Franklin Cty. Court of 
Common Pleas.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





CASE ANNOUNCEMENTS 
July 11, 2016

[Cite as 07/11/2016 Case Announcements #2, 
2016-Ohio-4913.]

MOTION AND PROCEDURAL RULINGS

2016-0261. Disciplinary Counsel v. Joltin.

This cause is scheduled for oral argument on 
Tuesday, July 12, 2016. Upon consideration of 
relator’s motion for continuance of oral argument, 
it is ordered by the court that the motion is 
granted. The oral argument will be rescheduled at 
a later date.






CASE ANNOUNCEMENTS 
July 11, 2016

[Cite as 07/11/2016 Case Announcements, 2016-
Ohio-4899.]

MERIT DECISIONS WITH OPINIONS

2014-1173. State v. Marks, Slip Opinion No. 2016-
Ohio-4837.

Cuyahoga App. No. 101561. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1175. State v. Jenkins, Slip Opinion No. 
2016-Ohio-4838.

Cuyahoga App. No. 101560. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1176. State v. Harris, Slip Opinion No. 2016-
Ohio-4839.

Cuyahoga App. No. 101562. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1177. State v. Scott, Slip Opinion No. 2016-
Ohio-4840.

Cuyahoga App. No. 101565. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1200. State v. Collins, Slip Opinion No. 
2016-Ohio-4841.

Cuyahoga App. No. 101557. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1201. State v. Wiley, Slip Opinion No. 2016-
Ohio-4843.

Cuyahoga App. No. 101563. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1363. State v. Washington, Slip Opinion No. 
2016-Ohio-4845.

Cuyahoga App. No. 101406. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1368. State v. Washington, Slip Opinion No. 
2016-Ohio-4847.

Cuyahoga App. No. 101407. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1712. State v. Diamond, Slip Opinion No. 
2016-Ohio-4848.

Cuyahoga App. No. 101915. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1714. State v. Diamond, Slip Opinion No. 
2016-Ohio-4849.

Cuyahoga App. No. 101914. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1715. State v. Turner, Slip Opinion No. 
2016-Ohio-4850.

Cuyahoga App. No. 101860. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1716. State v. Melton, Slip Opinion No. 
2016-Ohio-4851.

Cuyahoga App. No. 101859. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1717. State v. Wimbush, Slip Opinion No. 
2016-Ohio-4852.

Cuyahoga App. No. 101857. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1721. State v. Diamond, Slip Opinion No. 
2016-Ohio-4853.

Cuyahoga App. No. 101916. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1725. State v. Stewart, Slip Opinion No. 
2016-Ohio-4854.

Cuyahoga App. No. 101917. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2014-1776. State v. Wimbush, Slip Opinion No. 
2016-Ohio-4855.

Cuyahoga App. No. 101858. Judgment reversed 
and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1247 and 2015-1335. State v. Snowden, 
Slip Opinion No. 2016-Ohio4856.

Trumbull App. No. 2014-T-0092, 2015-Ohio-2611. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1341 and 2015-1342. State v. Wright, Slip 
Opinion No. 2016-Ohio-4857.

Lake App. No. 2013-L-089, 2015-Ohio-2601. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1455. State v. Wheeler, Slip Opinion No. 
2016-Ohio-4860.

Cuyahoga App. Nos. 102182 and 102183, 2015-
Ohio-3231. Judgment reversed and cause 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1634. State v. Clark, Slip Opinion No. 2016-
Ohio-4873.

Cuyahoga App. Nos. 102758 and 102759, 2015-
Ohio-4089. Judgment reversed and cause 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1637. State v. Sheppard, Slip Opinion No. 
2016-Ohio-4874.

Cuyahoga App. No. 102563, 2015-Ohio-4084. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1679. State v. Sprague, Slip Opinion No. 
2016-Ohio-4875.

Auglaize App. No. 2-15-03, 2015-Ohio-3526. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1691. State v. George, Slip Opinion No. 
2016-Ohio-4876.

Cuyahoga App. No. 102562, 2015-Ohio-4187. 
Judgment reversed and cause remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-1692. State v. Johnson, Slip Opinion No. 
2016-Ohio-4877.

Cuyahoga App. Nos. 102760 and 102761, 2015-
Ohio-4189. Judgment reversed and cause 
remanded.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-2022. State v. Norquest, Slip Opinion No. 
2016-Ohio-4878.

Geauga App. No. 2015-G-0003, 2015-Ohio-4541. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2015-2065. State v. Valentyn, Slip Opinion No. 
2016-Ohio-4879.

Lake App. No. 2015-L-072, 2015-Ohio-4834. 
Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

DISCIPLINARY CASES

2011-2042. Disciplinary Counsel v. Ford.

This matter came on for further consideration 
upon the filing by respondent of an application for 
reinstatement.

Review of the application reveals that it fails to 
comply with S.Ct.Prac.R. 3.11(D)(1), which 
requires that all documents presented for filing 
with the clerk shall contain a certificate of service. 
Therefore, it is ordered by the court, sua sponte, 
that the application for reinstatement is stricken.

2014-1896. Columbus Bar Assn. v. McCord.

On written request of relator, Columbus Bar 
Association, it is ordered that the time for relator 
to file the name of an attorney who will monitor 
respondent is extended to August 8, 2016.






CASE ANNOUNCEMENTS 
July 7, 2016 

[Cite as 07/07/2016 Case Announcements, 2016-
Ohio-4846.]

MOTION AND PROCEDURAL RULINGS

2015-1517. State ex rel. Singer v. Fairland Local 
School Dist. Bd. of Edn.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus. It has come to the court’s attention 
that volumes 10 and 14 of the evidence submitted 
by respondent, Fairland Local School District 
Board of Education, contain personal identifiers, 
as defined by Rule 44(H) of the Rules of 
Superintendence of the Courts of Ohio, that have 
not been redacted.

It is ordered by the court, sua sponte, that counsel 
for respondent shall come to the Supreme Court 
of Ohio Clerk’s Office and redact any and all 
personal identifiers, as defined by Rule 44(H) of 
the Rules of Superintendence, from the evidence 
within ten days of the date of this entry.

DISCIPLINARY CASES

2015-0293. Disciplinary Counsel v. Williams.

This matter came on for further consideration 
upon the filing by respondent of a motion to purge 
contempt.

Upon consideration thereof, it is ordered by the 
court that the motion is granted.

2015-1197. Disciplinary Counsel v. Bellew.

It is ordered by this court, sua sponte, that 
Timothy Eric Bellew, Attorney Registration No. 
0067573, last known business address in Girard, 
Ohio, is found in contempt for failure to comply 
with this court’s order of April 15, 2016, to wit: 
failure to file an affidavit of compliance on or 
before May 16, 2016.

2015-1635. Disciplinary Counsel v. Rosenfield.

It is ordered by this court, sua sponte, that Ronald 
Lee Rosenfield, Attorney Registration No. 
0021093, last known business address in 
Cleveland, Ohio, is found in contempt for failure to 
comply with this court’s order of April 20, 2016, to 
wit: failure to file an affidavit of compliance on or 
before May 20, 2016.

2016-0349. In re Resignation of Finan.

It is ordered by this court, sua sponte, that Nancy 
Cole Finan, Attorney Registration No. 0042335, 
last known business address in Bay Village, Ohio, 
is found in contempt for failure to comply with this 
court’s order of April 15, 2016, to wit: failure to 
surrender her certificate of admission and failure 
to file an affidavit of compliance on or before May 
16, 2016.

2016-0370. Disciplinary Counsel v. Leneghan.

It is ordered by this court, sua sponte, that Patrick 
Peter Leneghan, Attorney Registration No. 
0041931, last known business address in 
Brooklyn Heights, Ohio, is found in contempt for 
failure to comply with this court’s order of April 21, 
2016, to wit: failure to file an affidavit of 
compliance on or before May 23, 2016.

2016-0600. In re Albright.

It is ordered by this court, sua sponte, that Joshua 
Scott Albright, Attorney Registration No. 0087867, 
last known business address in Sidney, Ohio, is 
found in contempt for failure to comply with this 
court’s order of April 22, 2016, to wit: failure to file 
an affidavit of compliance on or before May 23, 
2016.

2016-0613. In re McNamee.

It is ordered by this court, sua sponte, that Brian 
Francis McNamee, Attorney Registration No. 
0040494, last known business address in 
Fairview Park, Ohio, is found in contempt for 
failure to comply with this court’s order of April 27, 
2016, to wit: failure to file an affidavit of 
compliance on or before May 27, 2016.

MISCELLANEOUS DISMISSALS

2016-0594. State v. Burroughs.

Lorain App. No. 14CA010595, 2016-Ohio-1139. 
This cause is pending before the court as a 
jurisdictional appeal. The records of this court 
indicate that appellant has not filed a 
memorandum in support of jurisdiction, due May 
9, 2016, in

2 07-07-16

compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore has failed to 
prosecute this cause with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

2016-0605. State ex rel. Royster v. Ohio Adult 
Parole Auth.

Franklin App. No. 15AP-863, 2016-Ohio-953. This 
cause is pending before the court as an appeal 
from the Court of Appeals for Franklin County. 
The records of this court indicate that appellant 
has not filed a merit brief, due June 28, 2016, in 
compliance with the Rules of Practice of the 
Supreme Court of Ohio and therefore has failed to 
prosecute this cause with the requisite diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

It is further ordered that a mandate be sent to and 
filed with the clerk of the Court of Appeals for 
Franklin County.

3 07-07-16






CASE ANNOUNCEMENTS 
July 6, 2016 

[Cite as 07/06/2016 Case Announcements, 2016-
Ohio-4824.]

MOTION AND PROCEDURAL RULINGS

2015-1278. State ex rel. Marmaduke v. Ohio 
Police & Fire Pension Fund.

Franklin App. No. 14AP-489, 2015-Ohio-2491. 
This cause is pending before the court as an 
appeal from the Court of Appeals for Franklin 
County.

Upon consideration of Paul M. Friedman and 
Michael P. O’Malley’s motion to withdraw as 
counsel for appellant, it is ordered by the court 
that the motion is granted.

2016-0962. State ex rel. Thomas v. Richard.

Madison App. No. CA2016-04-018. This cause 
was filed as a jurisdictional appeal. Upon 
consideration of appellant’s memorandum in 
support of jurisdiction, it is determined by the 
court that this cause originated in the court of 
appeals and therefore should proceed as an 
appeal of right pursuant to S.Ct.Prac.R. 5.01.

It is ordered by the court that the clerk shall issue 
an order for the transmission of the record from 
the Court of Appeals for Madison County and that 
the parties shall otherwise proceed in accordance 
with S.Ct.Prac.R. 16.02 through

16.07.

MISCELLANEOUS DISMISSALS

2015-1733. State ex rel. Rogers v. Ohio Dept. of 
Rehab. & Corr.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2016-0504. State ex rel. Tesack v. Miller.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s amended 
application for dismissal, it is ordered by the court 
that the application for dismissal is granted. 
Accordingly, this cause is dismissed.

MEDIATION MATTERS

The following cases have been referred to 
mediation pursuant to S.Ct.Prac.R. 19.01(A).

2016-0901. ARCP RL Portfolio VIII, L.L.C. v. Stark 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1206.

2016-0902. Westerville City Schools Bd. of Edn. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-828 and 2015-
1165.

2016-0904. Licking Hts. Local Schools Bd. of Edn. 
v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1448.

2016-0925. Beavercreek City School Dist. Bd. of 
Edn. v. Greene Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-901.

2016-0926. ARCP RL Portfolio V, L.L.C. v. Clark 
Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2015-1167 and 2015-
1660.

2016-0928. Micromont Holdings 3, L.L.C. v. 
Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1209.

2016-0929. ARCP Portfolio VI, L.L.C. v. Fairfield 
Cty. Bd. of Revision.

Board of Tax Appeals, No. 2015-1423.

2 00-00-16





CASE ANNOUNCEMENTS 
July 5, 2016 

[Cite as 07/05/2016 Case Announcements #3, 
2016-Ohio-4825.]

MOTION AND PROCEDURAL RULINGS

2016-0896. In re Guardianship of Sweeney.

Cuyahoga App. No. 103285, 2016-Ohio-3260. 
This cause is pending before the court as a 
jurisdictional appeal.

It is ordered by the court, sua sponte, that 
appellee shall file a response, if any, to appellant’s 
motion to strike response to motion for stay of 
judgment of the court of appeals no later than 
Friday, July 8, 2016.





CASE ANNOUNCEMENTS 
July 5, 2016 

[Cite as 07/05/2016 Case Announcements #2, 
2016-Ohio-4821.]

MOTION AND PROCEDURAL RULINGS

2016-0970. Schmidt v. Franklin Cty. Court of 
Common Pleas.

In Prohibition. This cause originated in this court 
on the filing of a complaint for a writ of prohibition.

It is ordered by the court, sua sponte, that 
respondents shall file a response to the complaint 
no later than Wednesday, July 6, 2016. If 
respondents file a motion to dismiss or motion for 
judgment on the pleadings, relator shall file a 
response, if any, to respondents’ motion no later 
than 12:00 p.m. on Thursday, July 7, 2016.





CASE ANNOUNCEMENTS 
July 5, 2016 

[Cite as 07/05/2016 Case Announcements, 2016-
Ohio-4791.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JULY 5, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the July 5, 2016 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format. 2012-0852. State v. 
Broom, 146 Ohio St.3d 60, 2016-Ohio-1028. 
2013-1886. State v. North, 146 Ohio St.3d 12, 
2015-Ohio-1812. 2013-1951. Ross v. Cuyahoga 
Cty. Bd. of Revision, 146 Ohio St.3d 12, 2015

Ohio-3443.

2014-0170. Veolia Water N. Am. Operating 
Servs., Inc. v. Testa, 146 Ohio St.3d 52, 2016-
Ohio-756. 2014-0358. Lycan v. Cleveland, 146 
Ohio St.3d 29, 2016-Ohio-422. 2014-1159. State 
ex rel. Old Dominion Freight Line, Inc. v. Indus. 
Comm.,

146 Ohio St.3d 13, 2016-Ohio-343. 2014-1557. 
State v. Klembus, 146 Ohio St.3d 84, 2016-Ohio-
1092. 2014-2155. Disciplinary Counsel v. Simon, 
146 Ohio St.3d 44, 2016-Ohio-535.

2015-0589. Warren Cty. Bar Assn. v. Vardiman, 
146 Ohio St.3d 23, 2016
Ohio-352.
2016-0474. In re Atway, 146 Ohio St.3d 1216, 
2016-Ohio-1452.
2016-0613. In re McNamee, 146 Ohio St.3d 1218, 
2016-Ohio-2706.

2 07-05-16





CASE ANNOUNCEMENTS 
July 1, 2016 

[Cite as 07/01/2016 Case Announcements, 2016-
Ohio-4760.]

MERIT DECISIONS WITH OPINIONS

2014-0791. Deutsche Bank Natl. Trust Co. v. 
Holden, Slip Opinion No. 2016Ohio-4603.

Summit App. No. 46970, 2014-Ohio-1333. 
Judgment reversed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, and O’Neill, JJ., concur.

French, J., concurs in judgment only.

DISCIPLINARY CASES

2016-0953. In re Sciortino.

On certified entry of felony conviction. Michael 
Vincent Sciortino, Attorney Registration No. 
0077089, is hereby suspended from the practice 
of law for an interim period.





July Disciplinary Hearings Announced
June 30, 2016

The Board of Professional Conduct today 
announced the disciplinary hearings involving 
attorneys and judges charged with professional 
misconduct that are scheduled in July. All 
hearings take place before a three-member panel 
of the board and are open to the public.

Hearings may be continued for good cause at any 
time. Contact the board’s office at 614.387.9370 
to confirm that a hearing will be held as 
scheduled. Upon request, case documents can be 
obtained via email.

July 6
Wood County Bar Association, Relator v. Robert 
Eugene Searfoss III, Respondent
Case No. 2015-055
Respondent’s address: 112 E. Oak St., Bowling 
Green
Respondent’s counsel: Patrick Cavanaugh, 
Toledo
Hearing Time/Location: 10 a.m.; Thomas J. Moyer 
Ohio Judicial Center, 65 S. Front St., West 
Hearing Room 104, Columbus

July 6
Disciplinary Counsel, Relator v. Richard Barbera, 
Respondent
Case No. 2015-070
Respondent’s address: 144-H Royal Crest Drive, 
Seville
Respondent’s counsel: None
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106

July 12
Ohio State Bar Association, Relator v. Harry 
Joseph Jacob III, Respondent
Case No. 2015-019
Respondent’s address: 7163 Southside Park 
Drive, Solon
Respondent’s counsel: Michael Murman, 
Lakewood
Hearing Time/Location: 10 a.m.; Moyer Judicial 
Center, North Hearing Room 106





CASE ANNOUNCEMENTS 
June 30, 2016 

[Cite as 06/30/2016 Case Announcements, 2016-
Ohio-4677.]

MERIT DECISIONS WITH OPINIONS

2015-1640. Disciplinary Counsel v. Lawrence, Slip 
Opinion No. 2016-Ohio4605.

On Certified Report by the Board of Professional 
Conduct, No. 2015-048. Meredith Lynn Lawrence, 
Attorney Registration No. 0029098, is hereby 
suspended from the practice of law for a period of 
two years with credit for time served under interim 
suspension.

Pfeifer, Lanzinger, French, and O’Neill, JJ., 
concur.

O’Connor, C.J., and O’Donnell and Kennedy, JJ., 
dissent and would remand the cause to the Board 
of Professional Conduct to reconsider the grant of 
credit for time served under interim suspension.

MOTION AND PROCEDURAL RULINGS

2016-0530. State v. Carlton.

Stark App. No. 2016CA00036. This cause is 
pending before the court as a jurisdictional 
appeal.

Upon consideration of appellant’s motion to 
consolidate with No. 2016-0448 and take judicial 
notice, it is ordered by the court that the motion is 
denied as moot.

DISCIPLINARY CASES

2016-0951. In re Lindon.

On certified entry of felony conviction. James Lee 
Lindon, Attorney Registration No. 0068842, is 
hereby suspended from the practice of law for an 
interim period.

2 06-30-16






CASE ANNOUNCEMENTS 
June 29, 2016 

[Cite as 06/29/2016 Case Announcements, 2016-
Ohio-4606.]

MERIT DECISIONS WITHOUT OPINIONS

2016-0499. State ex rel. Rohfeld v. Ohio Dept. of 
Rehab. & Corr.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. On motion for 
judgment on pleadings. Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0526. Dates v. John D. Clunk Co., L.P.A.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. On motion to strike 
respondents’ motion to dismiss. Motion denied as 
moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0543. State ex rel. Loper v. Rein.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed. On motion in limine to 
provide relator additional time for filing responses. 
Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0549. State ex rel. Hearn v. DeWine.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0589. State ex rel. Johnson v. Mohr.

In Mandamus. On amended motion to dismiss. 
Motion granted. Cause dismissed. On motion for 
judgment pursuant to S.Ct.Prac.R. 12.07(B)(3). 
Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0604. State ex rel. Mast v. Holmes Cty. 
Court of Common Pleas.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0634. State ex rel. Bryant v. Allen Cty. 
Common Pleas Court.

In Mandamus and Procedendo. On motion to 
dismiss. Motion granted. Cause dismissed. On 
motion to supplement. Motion denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

2016-0658. State ex rel. Hilliard v. Russo.

In Mandamus. On motion to dismiss. Motion 
granted. Cause dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, 
Kennedy, French, and O’Neill, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2010-0944. State v. Jackson.

Cuyahoga C.P. No. CR532145. On application for 
reopening under S.Ct.Prac.R.

11.06. Application denied.

2015-1514. State v. Henry.

Crawford App. No. 3-15-01. On motion to strike. 
Motion denied. On motion to stay. Motion denied. 
On motion for supplementation of the record. 
Motion denied.

2016-0256. Adams v. Testa.

Board of Tax Appeals, No. 2015-1090. On motion 
to consolidate case with 20160510, Adams v. 
Testa. Motion denied.

O’Donnell and O’Neill, JJ., dissent.

2016-0667. State v. Lloyd.

Warren App. No. CA2015-05-038, 2015-Ohio-
3636. On motion for leave to file delayed appeal. 
Motion denied.

2016-0707. State v. Shepherd.

Cuyahoga App. No. 102974, 2016-Ohio-1119. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Donnell and O’Neill, JJ., dissent.

2016-0708. State v. Robinson.

Franklin App. No. 15AP-798, 2016-Ohio-952. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Donnell and O’Neill, JJ., dissent.

2016-0727. State v. Smoot.

Montgomery App. No. 26297, 2015-Ohio-2717. 
On motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0757. State v. Shepherd.

Cuyahoga App. No. 102951, 2016-Ohio-931. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0765. State v. Winters.

Cuyahoga App. No. 102871, 2016-Ohio-928. On 
motion for leave to file delayed appeal. Motion 
denied.

O’Neill, J., dissents.

2016-0810. Sivit v. Village Green of Beachwood, 
L.P.

Cuyahoga App. Nos. 103340 and 103498, 2016-
Ohio-2940. On motion for limited stay relief. 
Motion denied.

Pfeifer, O’Donnell, and Kennedy, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2016-0461. Springfield v. State.

Clark App. No. 2015-CA-77, 2016-Ohio-725. 
Discretionary appeal accepted on Proposition of 
Law Nos. I and II and cause held for decision in 
2015-1549, Dayton

v. State, and briefing schedule stayed. O’Connor, 
C.J., would accept the cause on Proposition of 
Law No. II only. Lanzinger, Kennedy, and O’Neill, 
JJ., would accept the cause on all

Propositions of Law. Pfeifer, J., dissents. 
O’Donnell, J., not participating.

2016-0656. State v. Reese.

Muskingum App. No. CT2015-0046, 2016-Ohio-
1591. Discretionary appeal accepted, cause held 
for decision in 2015-0384, State v. Gonzales, and 
briefing schedule stayed.

Pfeifer and French, JJ., dissent.

APPEALS NOT ACCEPTED FOR REVIEW

2015-1858. In re Estate of Cvanciger.

Lake App. No. 2014-L-095, 2015-Ohio-4318. 
O’Connor, C.J., dissents.

2016-0291. Formica v. Dehner.

Warren App. No. CA2015-03-016, 2016-Ohio-75. 
Kennedy, J., not participating.

2016-0330. State v. Jordan.

Scioto App. No. 13CA3590, 2015-Ohio-5253. 
Motion for stay of Supreme Court proceedings 
denied.

2016-0339. State v. Dickerson.

Cuyahoga App. No. 102461, 2016-Ohio-807. 
Motion for bond pending court’s ruling on request 
for leave to appeal denied as moot.

O’Connor, C.J., and O’Donnell and Kennedy, JJ., 
dissent and would hold the cause for decision in 
2015-1427, State v. Jones.

2016-0346. State v. Maser.

Franklin App. No. 15AP-129, 2016-Ohio-211.

Lanzinger and O’Neill, JJ., dissent and would hold 
the cause for decision in 2016-0215, State v. 
Grimes.

2016-0358. State v. Baker.

Montgomery App. No. 26703, 2016-Ohio-315. 
Appeal and cross-appeal not accepted.

O’Donnell and O’Neill, JJ., dissent and would 
accept jurisdiction over the cross-appeal.

2016-0449. Home Fed. S. & L. Assn. of Niles v. 
Keck.

Mahoning App. No. 15 MA 0041, 2016-Ohio-651.

2016-0452. State v. Reese.

Mahoning App. No. 2014 MA 00116, 2016-Ohio-
557.

2016-0454. Ogle v. Greco.

Hocking App. No. 15CA2, 2015-Ohio-4841.

2016-0457. State v. Oliver.

Franklin App. No. 15AP000810, 2016-Ohio-475. 
O’Donnell, J., dissents.

2016-0458. State v. Lee.

Mahoning App. No. 14 MA 120, 2016-Ohio-649.

2016-0460. State v. Brooks.

Cuyahoga App. No. 102551, 2016-Ohio-489. 
O’Donnell and French, JJ., dissent.

2016-0467. State v. Welly.

Seneca App. No. 13-15-37, 2016-Ohio-863.

2016-0468. State v. Menkhaus.

Clermont App. No. CA2015-04-035, 2016-Ohio-
550. French, J., dissents.

2016-0471. McIntire v. Cuyahoga Cty.

Cuyahoga App. Nos. 103126, 103192, and 
103253, 2016-Ohio-593.

2016-0476. State v. Jordan.

Montgomery App. No. 26163, 2016-Ohio-603. 
O’Neill, J., dissents.

2016-0477. Wheatley v. Marietta College.

Washington App. No. 14CA18, 2016-Ohio-949. 
Pfeifer and O’Neill, JJ., dissent.

2016-0478. Gallito v. Levinsky.

Mahoning App. No. 13 MA 143, 2016-Ohio-889.

2016-0479. Wells Fargo Bank, N.A. v. Carver.

Cuyahoga App. No. 102822, 2016-Ohio-589. 
O’Donnell, J., dissents.

2016-0483. State v. Feagin.

Richland App. No. 2015-CA-0041, 2015-Ohio-
5107.

2016-0485. Definitive Solutions Co., Inc. v. Sliper.

Hamilton App. No. C-150281, 2016-Ohio-533. 
O’Neill, J., dissents.

2016-0487. State v. Silva.

Henry App. No. 7-15-07, 2016-Ohio-633.

2016-0488. State v. Porter.

Cuyahoga App. No. 102257, 2016-Ohio-1115.

2016-0489. Pastroumas v. UCL, Inc.

Hamilton App. No. C-150352. Pfeifer and O’Neill, 
JJ., dissent.

2016-0498. In re J.L.

Trumbull App. No. 2015-T-0137, 2016-Ohio-644. 
O’Connor, C.J., and Lanzinger and O’Neill, JJ., 
dissent.

2016-0503. Bank of Am., N.A. v. Singh.

Butler App. No. CA2015-07-131, 2016-Ohio-639.

2016-0508. Schlaegel v. Howell.

Champaign App. No. 2014-CA-37, 2015-Ohio-
4296.

2016-0511. State v. Day.

Greene App. No. 2015-CA-15.

2016-0512. Rodgers v. Genesis Healthcare Sys., 
Inc.

Muskingum App. No. CT2015-0030, 2016-Ohio-
721.

2016-0515. Dorazio v. Dorazio.

Cuyahoga App. No. 103308, 2016-Ohio-713. 
Motion to dismiss denied as moot.

2016-0517. State ex rel. DeWine v. Mastergard.

Franklin App. No. 14AP-1024, 2016-Ohio-660. 
Pfeifer, J., dissents.

2016-0518. Crown Chrysler Jeep, Inc. v. 
Boulware.

Franklin App. No. 15AP-162, 2015-Ohio-5084.

2016-0520. State v. Domokos.

Ottawa App. No. OT-15-008, 2016-Ohio-739.

2016-0522. State v. Chisenhall.

Clermont App. Nos. CA2015-07-055 and CA2015-
07-063, 2016-Ohio-999.

2016-0523. Gattrell v. Utica.

Licking App. No. 15-CA-26, 2016-Ohio-792.

Pfeifer, J., dissents.

Kennedy, J., dissents and would hold the cause 
for the decision in 20150348, Argabrite v. Neer.

2016-0524. Lerner v. Giolekas.

Cuyahoga App. No. 102768, 2016-Ohio-696. 
O’Donnell, J., dissents.

2016-0525. State v. Durham.

Cuyahoga App. No. 102654, 2016-Ohio-691. 
Appeal and cross-appeal not accepted.

O’Connor, C.J., and Lanzinger, J., dissent, and 
would accept the cross-appeal on Proposition of 
Law No. I and hold the cause for decision in 2014-
0942, State v. Walker.

2016-0529. Lundeen v. Smith-Hoke.

Franklin App. No. 15AP-236, 2015-Ohio-5086.

2016-0532. Cleveland v. Cleveland Police 
Patrolmen’s Assn.

Cuyahoga App. No. 103010, 2016-Ohio-702. 
O’Donnell, J., dissents.

2016-0533. State v. Hall.

Cuyahoga App. No. 102789, 2016-Ohio-698. 
O’Donnell, J., dissents.

2016-0534. State v. Davis.

Cuyahoga App. No. 102726, 2016-Ohio-694. 
French, J., dissents.

2016-0535. State v. Brown.

Montgomery App. No. 21540.

2016-0536. State v. Scott.

Summit App. No. 27846, 2016-Ohio-682.

2016-0540. State v. G.C.

Franklin App. No. 15AP-536, 2016-Ohio-717. 
Pfeifer, J., dissents.

2016-0544. State v. Burke.

Franklin App. No. 15AP-54, 2016-Ohio-822.

2016-0558. Fed. Natl. Mtge. Assn. v. Ford.

Cuyahoga App. No. 102395, 2016-Ohio-919. 
O’Donnell, J., dissents.

2016-0561. State v. Snodgrass.

Clark App. No. 2015-CA-59, 2015-Ohio-5304.

2016-0577. State v. Conner.

Cuyahoga App. No. 103092, 2016-Ohio-301.

2016-0579. State v. Stephenson.

Franklin App. No. 14AP-826.

2016-0580. State v. Pough.

Trumbull App. No. 2015-T-0095, 2016-Ohio-1315.

2016-0584. State v. Doumbas.

Cuyahoga App. No. 100777, 2016-Ohio-956.

2016-0588. State v. Rice.

Lucas App. No. L-15-1139.

2016-0591. State v. Smith.

Montgomery App. No. 26307, 2016-Ohio-1269.

2016-0606. State v. Patterson.

Trumbull App. No. 2013-T-0062, 2015-Ohio-4423.

2016-0611. Rauch v. Jefferson Twp. Bd. of Zoning 
Appeals.

Montgomery App. No. 26941, 2016-Ohio-967. 
Motion for stay denied.

O’Connor, C.J., dissents and would accept the 
cause on Proposition of Law No. I.

2016-0616. State v. Hubbard.

Cuyahoga App. No. 83384, 2016-Ohio-918.

2016-0618. State v. Barnes.

Muskingum App. No. CT2015-0013, 2016-Ohio-
1168.

2016-0622. State v. Schlemmer.

Stark App. No. 2015CA00136, 2016-Ohio-1075.

2016-0623. Schultheiss v. Heinrich Ents., Inc.

Washington App. No. 15CA20, 2016-Ohio-121.

O’Connor, C.J., dissents and would accept the 
cause on Proposition of Law No. I.

Kennedy and French, JJ., dissent.

2016-0626. State v. Grissom.

Montgomery App. No. 26626, 2016-Ohio-961.

2016-0627. State v. Burrage.

Cuyahoga App. No. 104175.

2016-0629. Bank of New York Mellon v. 
Ackerman.

Montgomery App. No. 26779, 2016-Ohio-960.

2016-0633. State v. Chiles.

Cuyahoga App. No. 103179, 2016-Ohio-1225.

2016-0643. State v. Griggs.

Lake App. No. 2014-L-127, 2015-Ohio-4635.

2016-0644. State v. Anderson.

Franklin App. No. 16AP-156.

2016-0649. State v. Castle.

Hardin App. No. 6-15-11, 2016-Ohio-993.

2016-0652. State v. Turner.

Cuyahoga App. No. 104215.

2016-0654. State v. Rodriguez.

Franklin App. No. 15AP-953, 2016-Ohio-1090.

2016-0665. State v. Irbey.

Lucas App. No. L-15-1082, 2016-Ohio-1393.

2016-0676. State v. Watkins.

Franklin App. No. 14AP-807, 2016-Ohio-1029. 
O’Donnell, J., not participating.

2016-0681. State v. Payne.

Ashtabula App. No. 2015-A-0036, 2016-Ohio-
1301.

RECONSIDERATION OF PRIOR DECISIONS

2014-2079. Baker v. Wayne.

Wayne App. No. 13CA0029, 2014-Ohio-3529. 
Reported at __ Ohio St.3d __, 2016-Ohio-1566, 
__ N.E.3d __. On motion for reconsideration. 
Motion denied. Pfeifer, O’Donnell, and O’Neill, JJ., 
dissent.

2015-1195. State v. Henry.

Crawford App. No. 3-15-01. Reported at 146 Ohio 
St.3d 10, 2016-Ohio-1525, 50 N.E.3d 555. On 
motion for reconsideration. Motion denied. On 
motion to strike, motion to stay, and motion for 
supplementation of the record. Motions denied.

2015-1754. Freedom Mtge. Corp. v. Robbins.

Hamilton App. No. C-140475. Reported at 145 
Ohio St.3d 1457, 2016-Ohio-2807, 49 N.E.3d 320. 
On motion for reconsideration. Motion denied. On 
motion to place stay on property. Motion denied 
as moot.

2016-0030. State v. Bridges.

Cuyahoga App. Nos. 102930 and 103090, 2015-
Ohio-5428. Reported at 145 Ohio St.3d 1458, 
2016-Ohio-2807, 49 N.E.3d 320. On motion for 
reconsideration. Motion denied.

2016-0038. State ex rel. McDuffie v. Saffold.

In Mandamus. Reported at 145 Ohio St.3d 1439, 
2016-Ohio-1596, 48 N.E.3d 580. On motion for 
reconsideration. Motion denied.

2016-0049. State v. Moore.

Muskingum App. No. CT2015-0027, 2015-Ohio-
3435. On motion for reconsideration. Motion 
granted. Discretionary appeal accepted and 
cause held for decision in 2016-0215, State v. 
Grimes, and briefing schedule stayed.

O’Connor, C.J., and Pfeifer and Kennedy, JJ., 
dissent.

2016-0075. State ex rel. Bloodworth v. Piper.

In Mandamus. Reported at 145 Ohio St.3d 1439, 
2016-Ohio-1596, 48 N.E.3d 580. On motion for 
reconsideration. Motion denied. On motion for 
sanctions. Motion denied.

2016-0124. Jones v. Lerner Sampson & Rothfuss.

In Mandamus. Reported at 145 Ohio St.3d 1454, 
2016-Ohio-2807, 49 N.E.3d 318. On motion for 
reconsideration. Motion denied. On demand for 
finding of facts and conclusions of law. Motion 
denied.

2016-0126. State v. Hignite.

Warren App. No. CA2015-07-063, 2015-Ohio-
5204. Reported at 145 Ohio St.3d 1459, 2016-
Ohio-2807, 49 N.E.3d 321. On motion for 
reconsideration. Motion denied.

Kennedy, J., dissents.

2016-0135. Johnson v. State.

In Procedendo. Reported at 145 Ohio St.3d 1450, 
2016-Ohio-2687, 49 N.E.3d

314. On motion for reconsideration. Motion 
denied.

2016-0138. State v. Knoefel.

Lake App. No. 2014-L-088, 2015-Ohio-5207. 
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for 
reconsideration. Motion denied.

Pfeifer, J., dissents.

2016-0149. Shields v. Tyack.

Franklin App. No. 15AP-114, 2015-Ohio-5369. 
Reported at 145 Ohio St.3d 1459, 2016-Ohio-
2807, 49 N.E.3d 321. On motion for 
reconsideration. Motion denied.

2016-0178. State ex rel. Bloodworth v. Powell.

In Mandamus. Reported at 145 Ohio St.3d 1440, 
2016-Ohio-1596, 48 N.E.3d 580. On motion for 
reconsideration. Motion denied. On motion for 
sanctions. Motion denied.

2016-0296. State ex rel. Victor v. Stupica.

In Procedendo. Reported at 145 Ohio St.3d 1455, 
2016-Ohio-2807, 49 N.E.3d

318. On motion for reconsideration. Motion 
denied.





CASE ANNOUNCEMENTS 
June 28, 2016 

[Cite as 06/28/2016 Case Announcements, 2016-
Ohio-4594.]

MERIT DECISIONS WITH OPINIONS

2015-1003. Cincinnati Bar Assn. v. Hoskins, Slip 
Opinion No. 2016-Ohio4576.

On Certified Report by the Board of Professional 
Conduct, No. 2014-014. Robert Hansford 
Hoskins, Attorney Registration No. 0068550, is 
hereby indefinitely suspended from the practice of 
law.

Pfeifer, Kennedy, French, and O’Neill, JJ., concur.

O’Connor, C.J., and O’Donnell and Lanzinger, JJ., 
dissent and would disbar respondent.

DISCIPLINARY CASES

2013-0569. Cincinnati Bar Assn. v. McBeth.

On June 9, 2016, respondent, Steven James 
McBeth, filed an application for termination of 
probation. Upon consideration thereof, the court 
finds that respondent has substantially complied 
with Gov.Bar R. V(21)(D) and with its order dated 
December 4, 2014, in which the court reinstated 
respondent to the practice of law and placed him 
on monitored probation for a period of 18 months.

On consideration thereof, it is ordered by this 
court that the probation of respondent, Steven 
James McBeth, Attorney Registration No. 
0063426, last known business address in 
Cincinnati, Ohio, is terminated.

It is further ordered that the clerk of this court 
issue certified copies of this order as provided for 
in Gov.Bar R. V(17)(D)(1) and that publication be 
made as provided for in Gov.Bar R. V(17)(D)(2).

2015-0481. Disciplinary Counsel v. Hoskins.

On April 23, 2015, this court suspended 
respondent, Robert Hansford Hoskins, from the 
practice of law for a period of 60 days pursuant to 
Gov.Bar R. V(20)(C). On September 2, 2015, co-
relators, disciplinary counsel and Cincinnati Bar 
Association, filed a motion to hold respondent in 
contempt. On November 5, 2015, this court 
granted the motion and ordered respondent to 
appear in person before the court on December 1, 
2015. Respondent appeared as ordered.

Upon consideration thereof, it is ordered that a 
fine in the amount of $200 for each of the three 
acts of practicing law while his license was under 
suspension, for a total of $600, is imposed upon 
respondent. The fine shall be paid to this court by 
cashier’s check or money order on or before 30 
days from the date of this order. If respondent fails 
to pay said fine on or before 30 days from the 
date of this order, the matter will be referred to the 
attorney general for collection, and this court may 
find respondent in contempt. It is further ordered 
that respondent is liable for all collection costs 
pursuant to R.C. 131.02 if the debt is certified to 
the attorney general for collection.

It is further order by the court that respondent is 
ordered to pay the costs incurred by co-relators in 
pursuing the motion to hold respondent in 
contempt. Corelators shall file a statement of the 
costs incurred in preparing the motion within 
seven days from the date of this order. 
Respondent shall pay the costs to corelators 
within 30 days from the date of this order.

2 06-28-16





CASE ANNOUNCEMENTS 
June 27, 2016 

[Cite as 06/27/2016 Case Announcements, 2016-
Ohio-4587.]

MOTION AND PROCEDURAL RULINGS

2016-0923. State ex rel. Love v. O’Donnell.

Lake App. No. 2015-L-143, 2016-Ohio-3007. This 
cause was filed as a jurisdictional appeal. Upon 
consideration of appellant’s memorandum in 
support of jurisdiction, it is determined by the 
court that this cause originated in the court of 
appeals and, therefore, should proceed as an 
appeal of right pursuant to S.Ct.Prac.R. 5.01.

The clerk shall issue an order for the transmittal of 
the record from the Court of Appeals for Lake 
County, and the parties shall brief this case in 
accordance with the Rules of Practice of the 
Supreme Court of Ohio.

MISCELLANEOUS DISMISSALS

2016-0466. State v. Wood.

Montgomery App. No. 26134, 2016-Ohio-143. 
This cause is pending before the court as a 
jurisdictional appeal. The records of this court 
indicate that appellant has not filed a 
memorandum in support of jurisdiction, due June 
17, 2016, in compliance with the Rules of Practice 
of the Supreme Court of Ohio and therefore has 
failed to prosecute this cause with the requisite 
diligence.

Upon consideration thereof, it is ordered by the 
court that this cause is dismissed.

2016-0813. Peterson v. Bradshaw.

In Habeas Corpus. This cause originated in this 
court on the filing of a petition for a writ of habeas 
corpus.

Upon consideration of petitioner’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.

2 06-27-16





CASE ANNOUNCEMENTS 
June 24, 2016 

[Cite as 06/24/2016 Case Announcements, 2016-
Ohio-4551.]

MOTION AND PROCEDURAL RULINGS

In re Howard.

On September 24, 2004, this court found Gregory 
T. Howard to be a vexatious litigator under 
S.Ct.Prac.R. 4.03. This court further ordered that 
Howard was prohibited from continuing or 
instituting legal proceedings in the court without 
obtaining leave. On June 21, 2016, Howard 
presented an application for leave to file.

It is ordered by the court that the application for 
leave is denied.

MISCELLANEOUS DISMISSALS

2016-0823. State ex rel. Dabney v. Winkler.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of relator’s application for 
dismissal, it is ordered by the court that the 
application for dismissal is granted. Accordingly, 
this cause is dismissed.





CASE ANNOUNCEMENTS 
June 23, 2016 

[Cite as 06/23/2016 Case Announcements, 2016-
Ohio-3548.]

MOTION AND PROCEDURAL RULINGS

In re Harris. On April 20, 2016, this court found 
Dwayne Harris to be a vexatious litigator under 
S.Ct.Prac.R. 4.03(B). This court further ordered 
that Harris was prohibited from continuing or 
instituting legal proceedings in the court without 
obtaining leave. On June 16, 2016, Harris 
presented an application for leave.

It is ordered by the court that the application for 
leave is denied.

RECONSIDERATION OF PRIOR DECISIONS

2005-1115. Columbus Bar Assn. v. Winkfield.

This matter came on for further consideration 
upon the filing by relator of a motion for 
reconsideration.

Upon consideration thereof, it is ordered by the 
court that the motion is granted in part. The 
second condition set forth in this court’s April 15, 
2016 order is modified as follows: relator shall 
select a monitoring attorney designated by OLAP 
pursuant to Gov.Bar R. V(21)(A)(6) to assume the 
duty of monitoring respondent and reporting 
respondent’s compliance with the court’s order to 
relator.

DISCIPLINARY CASES

2016-0811. In re Resignation of Phillips.

On application for retirement or resignation from 
the practice of law of Susan Joan Phillips, 
Attorney Registration No. 0043971, and on report 
filed under seal by disciplinary counsel. 
Resignation accepted with disciplinary action 
pending.





CASE ANNOUNCEMENTS 
June 21, 2016 

[Cite as 06/21/2016 Case Announcements #2, 
2016-Ohio-3538.]

MERIT DECISIONS WITH OPINIONS

2015-1470. State ex rel. Ford v. Ruehlman, Slip 
Opinion No. 2016-Ohio-3529.

In Mandamus and Prohibition. This cause 
originated in this court on the filing of a complaint 
for writs of mandamus and prohibition.

Upon consideration thereof, it is ordered by the 
court that a peremptory writ of prohibition is 
granted to order respondent, Hamilton County 
Common Pleas Court Judge Robert Ruehlman, to 
vacate his orders, consistent with the opinion 
rendered herein.

It is further ordered by the court that the request 
for a writ of mandamus is denied.

It is further ordered by the court that intervening 
respondents’ motion for leave to file a 
memorandum in opposition to relator’s motion to 
join Linda Brumley as a co-relator and intervening 
respondents’ motion for leave to file a 
memorandum in opposition to relator’s “notice of 
respondent’s latest order” are granted.

It is further ordered by the court that relator’s 
motion to join Linda Brumley as co-relator, 
respondent’s motion for judgment on pleadings, 
intervening respondents’ motion for judgment on 
the pleadings and respondent’s motion to dismiss 
are denied.

It is further ordered by the court that relator’s 
motion for alternative writ and intervening 
respondents’ motion to vacate the September 17, 
2015 order staying the Hamilton County action 
are denied as moot.

Costs assessed to respondent.

O’Connor, C.J., and O’Donnell, Lanzinger, 
Kennedy, and French, JJ., concur.

Pfeifer, J., dissents with an opinion.

O’Neill, J., not participating.

MOTION AND PROCEDURAL RULINGS

2015-1470. State ex rel. Ford v. Ruehlman.

In Mandamus and Prohibition. This cause 
originated in this court on the filing of a complaint 
for writs of mandamus and prohibition.

Upon consideration of relator’s motion for 
emergency relief, it is ordered by the court that 
the motion is granted.

Pfeifer, J., dissents.

O’Donnell, J., dissents, because the court has no 
jurisdiction over the newly filed case and there is 
no statement regarding bond submitted by 
movant.

O’Neill, J., not participating.

2 06-21-16





CASE ANNOUNCEMENTS 
June 22, 2016 

[Cite as 06/22/2016 Case Announcements, 2016-
Ohio-3537.]

MOTION AND PROCEDURAL RULINGS

2014-1290. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10.

Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint status report, it is 
ordered by the court that the stay of the briefing 
schedule is hereby extended. The parties shall 
notify the court within 60 days from the date of 
this entry of the status and whether the stay may 
be lifted.

2014-2028. State v. Martin.

Montgomery App. No. 26033, 2014-Ohio-3640. 
This cause is pending before the court on the 
certification of a conflict by the Court of Appeals 
for Montgomery County.

It is ordered by the court, sua sponte, that the 
portion of the record identified as State’s Exhibit 1 
is placed under seal.





CASE ANNOUNCEMENTS 
June 21, 2016 

[Cite as 06/21/2016 Case Announcements, 2016-
Ohio-3507.]

MOTION AND PROCEDURAL RULINGS

2016-0803. Webster v. Shaw.

Wyandot App. No. 16-15-08, 2016-Ohio-1484. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of John J. Bursch, it is ordered by the 
court that the motion is granted. Pursuant to 
Gov.Bar

R. XII(4), counsel shall file a notice of permission 
to appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days of the 
date of this entry.

2016-0875. State v. Parks.

Highland App. No. 16CA3. On June 10, 2016, this 
case was initiated by the filing of a notice of 
appeal that indicated it was filed by “~r-lotus: 
justice: sui juris, Relator as Appointed Counsel of 
~rachael-n: parks, et al. and ~clayton-m: bates, et 
al.” S.Ct.Prac.R. 2.01(A)(1)(b) states that “[o]nly 
persons who are attorneys qualified pursuant to 
division (A)(1)(a) of this rule may file documents 
on behalf of another person or entity.” Review of 
the records of the Office of Attorney Services of 
the Supreme Court reveals that there is no Ohio 
registered attorney named ~r-lotus: justice, nor is 
there any record of an out-of-state attorney 
registered for pro hac vice status with the name 
~r-lotus: justice.

Because ~r-lotus: justice is not an attorney 
permitted to file documents on behalf of another 
person or entity, it is ordered by the court, sua 
sponte, that the name ~r-lotus: justice is stricken 
from all documents filed in case No. 2016-0875.

It is further ordered that ~r-lotus: justice is 
prohibited from filing any documents in this case, 
or any other case, on behalf of Rachael N. Parks 
or any other person or entity.

It is further ordered that the clerk’s office shall 
forward copies of the documents in this case to 
the Board on the Unauthorized Practice of Law for 
investigation and review as it deems appropriate.

It is further ordered that appellant, Rachael N. 
Parks, shall file an amended notice of appeal, 
amended motion for stay, and memorandum in 
support of jurisdiction, either pro se or with the 
assistance of an attorney qualified pursuant to 
S.Ct.Prac.R. 2.01(A)(1)(a), within 30 days of the 
date of this entry or this case shall be dismissed.

DISCIPLINARY CASES

2016-0800. Disciplinary Counsel v. Coriell.

On certification of default. Jennifer Lynn Coriell, 
Attorney Registration No. 0072791, is hereby 
suspended from the practice of law for an interim 
period.

MEDIATION MATTERS

The following case has been referred to mediation 
pursuant to S.Ct.Prac.R. 19.01(A).

2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd. 
of Revision.

Board of Tax Appeals, Nos. 2015-1231, 2015-
1232, and 2015-1233.

2 06-21-16





CASE ANNOUNCEMENTS 
June 21, 2016 

[Cite as 06/21/2016 Case Announcements, 2016-
Ohio-3507.]

MOTION AND PROCEDURAL RULINGS

2016-0803. Webster v. Shaw.

Wyandot App. No. 16-15-08, 2016-Ohio-1484. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of the motion for admission 
pro hac vice of John J. Bursch, it is ordered by the 
court that the motion is granted. Pursuant to 
Gov.Bar

R. XII(4), counsel shall file a notice of permission 
to appear pro hac vice with the Supreme Court’s 
Office of Attorney Services within 30 days of the 
date of this entry.

2016-0875. State v. Parks.

Highland App. No. 16CA3. On June 10, 2016, this 
case was initiated by the filing of a notice of 
appeal that indicated it was filed by “~r-lotus: 
justice: sui juris, Relator as Appointed Counsel of 
~rachael-n: parks, et al. and ~clayton-m: bates, et 
al.” S.Ct.Prac.R. 2.01(A)(1)(b) states that “[o]nly 
persons who are attorneys qualified pursuant to 
division (A)(1)(a) of this rule may file documents 
on behalf of another person or entity.” Review of 
the records of the Office of Attorney Services of 
the Supreme Court reveals that there is no Ohio 
registered attorney named ~r-lotus: justice, nor is 
there any record of an out-of-state attorney 
registered for pro hac vice status with the name 
~r-lotus: justice.

Because ~r-lotus: justice is not an attorney 
permitted to file documents on behalf of another 
person or entity, it is ordered by the court, sua 
sponte, that the name ~r-lotus: justice is stricken 
from all documents filed in case No. 2016-0875.

It is further ordered that ~r-lotus: justice is 
prohibited from filing any documents in this case, 
or any other case, on behalf of Rachael N. Parks 
or any other person or entity.

It is further ordered that the clerk’s office shall 
forward copies of the documents in this case to 
the Board on the Unauthorized Practice of Law for 
investigation and review as it deems appropriate.

It is further ordered that appellant, Rachael N. 
Parks, shall file an amended notice of appeal, 
amended motion for stay, and memorandum in 
support of jurisdiction, either pro se or with the 
assistance of an attorney qualified pursuant to 
S.Ct.Prac.R. 2.01(A)(1)(a), within 30 days of the 
date of this entry or this case shall be dismissed.

DISCIPLINARY CASES

2016-0800. Disciplinary Counsel v. Coriell.

On certification of default. Jennifer Lynn Coriell, 
Attorney Registration No. 0072791, is hereby 
suspended from the practice of law for an interim 
period.

MEDIATION MATTERS

The following case has been referred to mediation 
pursuant to S.Ct.Prac.R. 19.01(A).

2016-0865. Lion Island, L.L.C. v. Fairfield Cty. Bd. 
of Revision.

Board of Tax Appeals, Nos. 2015-1231, 2015-
1232, and 2015-1233.

2 06-21-16





CASE ANNOUNCEMENTS 
June 20, 2016 

[Cite as 06/20/2016 Case Announcements #2, 
2016-Ohio-3491.]

MERIT DECISIONS WITH OPINIONS

2014-1505. In re Application of Dayton Power & 
Light Co., Slip Opinion No. 2016-Ohio-3490.

Public Utilities Commission, Nos. 12-426-EL-
SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-
EL-WVR, and 12-672-EL-RDR. Decision 
reversed.

O’Connor, C.J., and Pfeifer, O’Donnell, Kennedy, 
French, and O’Neil, JJ., concur.

Lanzinger, J., dissents.





CASE ANNOUNCEMENTS 
June 20, 2016 

[Cite as 06/20/2016 Case Announcements, 2016-
Ohio-3486.]

SLIP OPINIONS REPLACED BY OHIO OFFICIAL 
REPORTS VERSIONS AS OF JUNE 20, 2016

The official versions of the opinions listed below, 
which were previously released as slip opinions, 
have been published in the June 20, 2016 Ohio 
Official Reports advance sheet. These opinions 
should now be cited using the Ohio Official 
Reports citation format.

2014-0223. Cuyahoga Cty. Bd. of Health v. Lipson 
O’Shea Legal Group, 145 Ohio St.3d 446, 2016-
Ohio-556.

2014-0632. Columbus Bar Assn. v. Santos, 146 
Ohio St.3d 1201, 2014-Ohio2142.

2014-0963. Rural Health Collaborative of S. Ohio, 
Inc. v. Testa, 145 Ohio St.3d 430, 2016-Ohio-508.

2014-0978. Boone Coleman Constr., Inc. v. 
Piketon, 145 Ohio St.3d 450, 2016Ohio-628.

2014-1126. Radatz v. Fed. Natl. Mtge. Assn., 145 
Ohio St.3d 475, 2016-Ohio1137.

2014-1362. Snodgrass v. Testa, 145 Ohio St.3d 
418, 2015-Ohio-5364.

2014-1413. Bigelow v. Am. Family Ins. Co., 145 
Ohio St.3d 488, 2016-Ohio1135.

2014-2036. In re Messer, 145 Ohio St.3d 441, 
2016-Ohio-510. 2015-0055. State v. Henton, 146 
Ohio St.3d 9, 2016-Ohio-1518. 2015-0201. State 
ex rel. Smith v. Hall, 145 Ohio St.3d 473, 2016-
Ohio-1052. 2015-0587. Columbus Bar Assn. v. 
Reed, 145 Ohio St.3d 464, 2016-Ohio-834. 2015-
0594. Disciplinary Counsel v. Hillman, 145 Ohio 
St.3d 489, 2016-Ohio

1172. 2015-1000. Disciplinary Counsel v. Salters, 
146 Ohio St.3d 1, 2016-Ohio-1505. 2015-1023. 
State ex rel. Boyd v. Scotts Miracle-Gro Co., 146 
Ohio St.3d 3,

2016-Ohio-1508. 2015-1082. State ex rel. Capron 
v. Dattilio, 146 Ohio St.3d 7, 2016-Ohio-1504. 
2015-1195. State v. Henry, 146 Ohio St.3d 10, 
2016-Ohio-1525. 2015-1630. Mahoning Cty. Bar 
Assn. v. Hanni, 146 Ohio St.3d 492, 2016

Ohio-1174.

2015-2028. State ex rel. Walton v. Williams, 145 
Ohio St.3d 469, 2016-Ohio1054. 2016-0159. In re 
Resignation of Courtney, 146 Ohio St.3d 1203, 
2016-Ohio

833.
2016-0349. In re Resignation of Finan, 146 Ohio 
St.3d 1209, 2016-Ohio-1533.
2016-0507. In re Sciortino, 146 Ohio St.3d 1206, 
2016-Ohio-1482.
2016-0600. In re Albright, 146 Ohio St.3d 1213, 
2016-Ohio-2642. 
15-AP-036. In re Disqualification of Park, 146 
Ohio St.3d 1212, 2015-Ohio

3840. 

2 06-20-16

MOTION AND PROCEDURAL RULINGS 

2014-1633. In re Comm. Rev. of Ohio Adm.Code 
Chapter 4901:1-10 regarding Elec. Cos.

Public Utilities Commission, No. 12-2050-EL-
ORD. This cause is pending before the court as 
an appeal from the Public Utilities Commission of 
Ohio.

Upon consideration of the joint status report filed 
by appellants and appellee, it is ordered by the 
court that the stay of the briefing schedule is 
hereby extended. The parties shall notify the court 
within 60 days from the date of this entry of the 
status and whether the stay may be lifted.

2015-2036. Henry v. Cleveland Clinic Found.

Cuyahoga App. No. 101652, 2015-Ohio-1826. 
This cause came on for further consideration 
upon the filing of appellee’s motion to strike 
motion for reconsideration. It is ordered by the 
court that the motion is denied as moot.

3 06-20-16





CASE ANNOUNCEMENTS 
June 17, 2016 

[Cite as 06/17/2016 Case Announcements, 2016-
Ohio-3474.]

MERIT DECISIONS WITHOUT OPINIONS

2016-0384. State ex rel. Fort v. Mason.

In Mandamus. This cause originated in this court 
on the filing of a complaint for a writ of 
mandamus.

Upon consideration of respondents’ motion to 
dismiss, it is ordered by the court that the motion 
to dismiss is granted. Accordingly, this cause is 
dismissed.

O’Donnell, Lanzinger, Kennedy, and French, JJ., 
concur.

O’Connor, C.J., and Pfeifer and O’Neill, JJ., 
dissent, and would grant an alternative writ.

MOTION AND PROCEDURAL RULINGS

2016-0448. State ex rel. Carlton v. Haas.

In Prohibition. This cause came on for further 
consideration upon the filing of relator’s motion to 
apply “one document rule” and motion to 
consolidate with No. 2016-0530 and take judicial 
notice. It is ordered by the court that the motions 
are denied as moot.

2016-0760. CitiMortgage, Inc. v. Hasan.

Cuyahoga App. No. 103248, 2016-Ohio-1544. 
This cause is pending before the court as a 
jurisdictional appeal.

Upon consideration of appellant’s motion for stay 
of court of appeals’ judgment, it is ordered by the 
court that the motion is denied.

O’Neill, J., dissents.

RECONSIDERATION OF PRIOR DECISIONS

2016-0226. State v. James.

Cuyahoga App. No. 102604, 2015-Ohio-4987. 
This cause came on for further consideration 
upon the filing of appellant’s motion for 
reconsideration. It is ordered by the court that the 
motion is granted.

It further ordered by the court that the clerk’s 
office shall imme