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

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Richland App. No. 2005-CA-0004, 2005-Ohio-4405. Judgment reversed and cause remanded. Resnick, Lundberg Stratton and O’Connor, JJ., concur. O’Donnell, J., concurs separately. Moyer, C.J., Pfeifer and Lanzinger, JJ., dissent. Robinson v. Bates Case no. 2005-0998 Web cite 2006-Ohio-6362 In personal injury cases, a jury considering the reasonable value of a plaintiff’s medical treatment may hear evidence of both the amount originally billed by a medical care provider for treatment, and a lesser amount accepted by the care provider from an insurance company as full payment for the billed services. Hamilton App. No. C-040063, 160 Ohio App.3d 668, 2005-Ohio-1879. Judgment affirmed and cause remanded to the trial court. Moyer, C.J., Resnick, Pfeifer, O’Connor and Lanzinger, JJ., concur. O’Donnell, J., concurs in judgment only. Lundberg Stratton, J., concurs in part and dissents in part. State v. Gondor Case nos. 2005-0329 and 2005-0336 Web cite 2006-Ohio-6679 Orders new trials for two men convicted of participating in the 1988 kidnapping, attempted rape and murder of a Portage County woman. Portage App. No. 2002-P-0073, 2004-Ohio-7219, and Portage App. No. 2002-P-0074, 2004-Ohio-7220. Judgments reversed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty & Landwehr Inc. Case no. 2006-0839 Web cite 2006-Ohio-6511 Holds a nonlawyer does not engage in the unauthorized practice of law by representing another in unionelection matters or in the negotiation of a collective bargaining agreement when the activities of the nonlawyer are confined to providing advice and services not requiring legal analysis, legal conclusions or legal training. Also holds it is the unauthorized practice of law for a nonlawyer to draft or write a contract or other legal instrument on behalf of another that is intended to create a legally binding relationship between an employer and a union, even if the contract is copied from a form book or was previously prepared by a lawyer. On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-05. Respondents are enjoined from the drafting or writing of contracts. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State v. Cress Case nos. 2005-1965 and 2005-2114 Web cite 2006-Ohio-6501 A criminal charge of felony intimidation does not require the state to prove the defendant made a threat to engage in unlawful conduct, but it does require showing the defendant engaged in a predicate underlying criminal offense in making the threat. Marion App. No. 09-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620. Judgment affirmed. Moyer, C.J., Pfeifer, O’Donnell and Lanzinger, JJ., concur. 106
Resnick, Lundberg Stratton and O’Connor, JJ., dissent. Sherwin-Williams Co. v. Dayton Freight Lines Inc. Case nos. 2005-1194 and 2005-1247 Web cite 2006-Ohio-6498 A political subdivision can be liable for damages when a hazard created by its employees in the performance of their duties within its borders contributes to an accident occurring outside the limits of the subdivision. Montgomery App. No. 20651, 161 Ohio App.3d 444, 2005-Ohio-2773. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., dissents. State ex rel. Carr v. Akron (per curiam) Case no. 2006-0168 Web cite 2006-Ohio-6714 Denies a writ of mandamus sought by two Akron firefighters to compel the city of Akron to release certain records and test materials pertaining to a fire captain promotion examination, because various documents to which the firefighters sought access either had already been provided, did not exist, or were excepted from disclosure by various exceptions in the public records statute. In Mandamus. Writ denied. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only. O’Donnell, J., dissents and would allow the cause to be dismissed. State v. Haines Case nos. 2005-0853 and 2005-0959 Web cite 2006-Ohio-6711 If the credibility of an alleged victim of domestic violence has been challenged on cross-examination during the state’s case-in-chief, the state may introduce limited expert testimony regarding battered woman syndrome to aid the judge or jury in determining the victim’s state of mind in returning to or remaining in a relationship with the defendant, despite the alleged abuse. Lake App. No. 2003-L-035, 2005- Ohio-1692. Judgment affirmed in part and reversed in part, and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Lanzinger, J., dissents. State ex rel. Repository v. Nova Behavioral Health Inc. Case no. 2005-0813 Web cite 2006-Ohio-6713 A private, nonprofit corporation contracting with a county mental health board to provide community mental health services does not qualify as the functional equivalent of a public office whose records are subject to mandatory public disclosure under the state Public Records Act. In Mandamus. Writ denied. Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur. Moyer, C.J., O’Connor and O’Donnell, JJ., dissent. 107
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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
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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 and 110: statements may not be compelled by
Page 111: Judgment affirmed. Moyer, C.J., Res
Page 115: Herb Hungerford, Custodian Herbert
Page 118: The Supreme Court of Ohio 65 South
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