Supreme Court of Ohio 2006 Annual Report - Supreme Court - State ...

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Moyer, C.J., Gwin, Pfeifer, Lundberg Stratton and O’Donnell, JJ., concur. O’Connor and Lanzinger, JJ., dissent. W. Scott Gwin, J., of the 5 th Appellate District, sitting for Resnick, J. State ex rel. Butler Twp. Bd. of Trustees v. Montgomery Cty. Bd. of Commrs. Case no. 2005-1685 Web cite 2006-Ohio-6411 When annexation of a roadway into a municipality is sought, landholders who own property over which a roadway easement exists are owners of the roadway property and must be included in determining the number of owners needed to sign the annexation petition. Montgomery App. No. 20725, 162 Ohio App.3d 394, 2005-Ohio-3872. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., dissents. Holdeman v. Epperson Case no. 2005-1642 Web cite 2006-Ohio-6209 The executor of the estate of a deceased member of an Ohio limited liability company may exercise all rights the member had prior to death for the limited purpose of settling the decedant’s estate. Clark App. No. 2004-CA-49, 2005- Ohio-3750. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O’Connor and Lanzinger, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent. Theobald v. Univ. of Cincinnati Case no. 2005-0896 Web cite 2006-Ohio-6208 When a physician is employed as an instructor at a state university medical school and is engaged in teaching one or more medical students or hospital residents, the physician is acting within the scope of his public employment, and thus immune from personal liability for negligence, when he performs a medical procedure on a private patient. Franklin App. No. 02AP-560, 160 Ohio App.3d 342, 2005-Ohio-1510. Judgment affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., dissents. Thornton v. Salak Case no. 2005-0880 Web cite 2006-Ohio-6407 When the original effective date of a legislative enactment is delayed by the filing of a referendum petition, but that petition is later disqualified by the secretary of state, the new provisions take effect as of the date the referendum petition was ruled invalid. Fairfield App. Nos. 03 CA 63 and 03 CA 64, 2005-Ohio-1612. Judgment affirmed and cause remanded. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. McMonagle, J., dissents. Christine T. McMonagle, J., of the 8 th Appellate District, sitting for Resnick, J. State v. Johnson Case no. 2004-1163 Web cite 2006-Ohio-6404 Affirms the convictions and death sentence of Marvin Johnson of Cambridge for the 2003 kidnapping and murder of 13-year-old Daniel Bailey and the kidnapping, rape and robbery of Daniel’s mother, Lisa Bailey Guernsey C.P. No. 03-CR-116. 104
Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State v. Elmore Case no. 2004-0041 Web cite 2006-Ohio-6207 Affirms the convictions and death sentence of Phillip E. Elmore of Newark for the murder of Pamela Annarino in June 2002. Re-sentencing was ordered for other non-capital offenses of which Elmore also was convicted. Licking C.P. No. 02 CR 275. Judgment affirmed, but cause remanded for resentencing on noncapital offenses. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State ex rel. Wellington v. Kobly (per curiam) Case no. 2006-1163 Web cite 2006-Ohio-6571 Reverses a writ of prohibition issued by the 7 th District Court of Appeals barring Youngstown Municipal Court Judge Elizabeth A. Kobly from conducting contempt proceedings against Mahoning County Sheriff Randall A. Wellington. Mahoning App. No. 05 MA 228. Judgment reversed. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., dissents. State ex rel. Scott v. Cleveland (per curiam) Case no. 2006-0971 Web cite 2006-Ohio-6573 Upholds a ruling in which the 8 th District Court of Appeals refused to issue a writ of prohibition barring the city of Cleveland from conducting administrative hearings or collecting traffic fines based on evidence of traffic violations obtained through a system of automated roadside cameras. Cuyahoga App. No. 87985, 2006- Ohio-2062. Judgment affirmed. Resnick, Lundberg Stratton, O’Connor and O’Donnell JJ., concur. Moyer, C.J., Pfeifer and Lanzinger, JJ., concur in judgment only. State ex rel. Moorehead v. Indus. Comm. Case no. 2005-1121 Web cite 2006-Ohio-6364 If a worker is rendered quadriplegic by a workplace accident and survives for a short time, but does not regain consciousness before dying, his surviving spouse is entitled to scheduled loss compensation for her spouse’s loss of use of both arms and legs under provisions of Ohio’s workers’ compensation law Franklin App. No. 04AP-404, 2005- Ohio-2667. Judgment reversed and writ allowed. Moyer, C.J., Resnick, Pfeifer, O’Connor and Lanzinger, JJ., concur. Lundberg Stratton and O’Donnell, JJ., concur separately. State v. Azbell Case no. 2005-1788 Web cite 2006-Ohio-6552 Rules the statutory 270-day limit within which the state must bring a felony defendant to trial does not begin to run until the accused is formally charged in a criminal indictment or complaint, is held in custody pending the filing of charges, or is released on bail or recognizance. 105
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The Supreme Court of Ohio Annual Re
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The Supreme Court of Ohio Annual 20
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table of contents 2006 2 Justices o
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Justice Alice Robie Resnick is the
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With his re-election to the Supreme
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2006A look back January A collectio
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Oct. 20 Fifteen Ohio judges are sel
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Justice Brown (back row, far left)
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Justice Resnick with Chief Justice
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need to repeatedly visit a Web site
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supreme court administrative struct
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The Administrative Division is the
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The Office of Court Security provid
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Visitor Education Center The Visito
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In 2006 The Clerk’s Division cons
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educed handwriting fatigue and enha
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The Supreme Court of Ohio 2006 Case
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The Legal Resources Division consis
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Law Library Updates Information Ser
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The Fiscal & Management Resources D
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The Employee Events Committee is an
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Judiciary/Supreme Court 2006 expend
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The Information Technology Division
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Advisory Committee on Technology &
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the ohio courts network “All cour
Page 59 and 60: The Facilities Management Division
Page 61 and 62: Meetings & Events The Meetings & Ev
Page 63 and 64: The Office of Court Security organi
Page 65 and 66: The Attorney Services Division is r
Page 67 and 68: Attorney Registration & CLE Section
Page 69 and 70: The Judicial & Court Services Divis
Page 71 and 72: Judicial College The Judicial Colle
Page 73 and 74: Department of Job & Family Services
Page 75 and 76: The Specialized Dockets Section als
Page 77 and 78: Hon. Scott Gwin 5 th District Court
Page 79 and 80: Hon. Richard Rogers 3 rd District C
Page 81 and 82: The supreme Court has the constitut
Page 83 and 84: Five present and former board membe
Page 85 and 86: Ohio Criminal Sentencing Commission
Page 87 and 88: The following is a chronological li
Page 89 and 90: is entitled to exemption of its inv
Page 91 and 92: exception to the state Public Recor
Page 93 and 94: Judgment reversed. Moyer, C.J., O
Page 95 and 96: Orders the Public Utilities Commiss
Page 97 and 98: June Knox Cty. Bd. of Commrs. v. Kn
Page 99 and 100: Lundberg Stratton, O’Connor, O’
Page 101 and 102: Moyer, C.J., Resnick, Pfeifer, Lund
Page 103 and 104: Lundberg Stratton, J., concurs in p
Page 105 and 106: October State ex rel. Ohio Democrat
Page 107 and 108: November In re J.J. Case no. 2006-0
Page 109: statements may not be compelled by
Page 113 and 114: Resnick, Lundberg Stratton and O’
Page 115: Herb Hungerford, Custodian Herbert
Page 118: The Supreme Court of Ohio 65 South
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