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

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seeking discovery must show the materials sought are relevant to the current legal action and are not available from other sources. Montgomery App. No. 20693, 160 Ohio App.3d 258, 2005-Ohio-1588. Judgment affirmed. Moyer, C.J., Resnick, Lundberg Stratton and O’Connor, JJ., concur. Lanzinger, J., concurs in judgment only. Pfeifer, J., concurs in part and dissents in part. O’Donnell, J., dissents. State v. Drummond Case no. 2004-0586 Web cite 2006-Ohio-5084 Affirms the conviction and death sentence of John Drummond of Youngstown for the aggravated murder of 3-month-old Jiyen Dent Jr. in March 2003. Mahoning C.P. No. 03-CR-358. Judgment affirmed. Resnick, Lundberg Stratton, O’Connor, and Lanzinger, JJ., concur. Moyer, C.J., Pfeifer and O’Donnell, JJ., dissent. In re Schaefer Case no. 2005-0755 Web cite 2006-Ohio-5513 If a juvenile court determines a neglected or dependent child cannot be placed with either of the child’s parents within a reasonable time or should not be placed with the parents, the court is not required in its decision to determine whether a suitable relative is available to assume custody of the child before granting an order terminating parental rights and awarding permanent custody of the child to a county children services agency. Geauga App. No. 2004-G-2594, 2005-Ohio-1258. Judgment reversed and judgment of the trial court reinstated. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State ex rel. Ohio Congress of Parents and Teachers v. State Bd. of Edn. Case no. 2004-1668 Web cite 2006-Ohio-5512 Rules the Ohio statute authorizing charter schools is constitutional both on its face and as applied. Franklin App. No. 03AP-508, 2004- Ohio-4421. Judgment affirmed in part and reversed in part. Moyer, C.J., Lundberg Stratton, O’Connor and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent. O’Donnell, J., dissents and would dismiss the appeal as having been improvidently accepted. State v. Ketterer Case no. 2004-0485 Web cite 2006-Ohio-5283 Affirms the conviction and death sentence of Donald J. Ketterer for the aggravated murder of 85-year-old Lawrence Sanders of Hamilton in February 2003. Butler C.P. No. CR 2003-03-0309. Judgment affirmed. Moyer, C.J., Resnick, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer and Lundberg Stratton, JJ., concur separately. 100
November In re J.J. Case no. 2006-0064 Web cite 2006-Ohio-5484 When a trial court possesses subjectmatter jurisdiction over a case, a procedural error when transferring the case to a visiting judge is grounds for a timely objection, but does not void the trial court’s judgment by negating its subject-matter jurisdiction over the case. In addition, when two different panels of the same court of appeals issue conflicting rulings on a legal matter, the conflict may not be certified for review by the Supreme Court, but must be resolved through an en banc session in which all judges of the court of appeals participate. Cuyahoga App. No. 86276, 2005- Ohio-6096. Judgment reversed and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Lanzinger, J., concurs in judgment only. State v. Stahl Case no. 2005-0773 Web cite 2006-Ohio-5482 Rules that the admissibility at trial of third-party hearsay testimony about statements that a since-deceased crime victim made during a medical examination depends on whether the statements were made under circumstances that would lead an objective witness reasonably to believe the statements would be available later for a trial. Summit App. No. 22261, 2005-Ohio- 1137. Judgment affirmed. Resnick, Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Moyer, C.J., Pfeifer and Lanzinger, JJ., dissent. Whitaker v. M.T. Automotive Inc. Case no. 2005-0331 Web cite 2006-Ohio-5481 If a consumer is harmed by a supplier’s unfair or deceptive trade practice, the consumer is entitled to recover actual economic losses and other damages resulting from the supplier’s violations of the Ohio Consumer Sales Practices Act. Summit App. No. 21836, 2004-Ohio- 7166. Judgment reversed and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and Lanzinger, JJ., concur. O’Donnell, J., dissents. O’Connor, J., not participating. Am. Financial Servs. Assn. v. Cleveland Case nos. 2005-0160 and 2005-0161 Web cite 2006-Ohio-6043 Holds three Cleveland city ordinances violate the home-rule provision of the Ohio Constitution because state statutes setting regulatory guidelines for Ohio residential mortgage lenders are “general laws” to prescribe a uniform statewide regulatory scheme and provisions of the Cleveland ordinances conflict with the state law by prohibiting lending practices within the city that are implicitly permitted under the state statute. Cuyahoga App. No. 83676, 159 Ohio App.3d 489, 2004-Ohio-6416. Judgment reversed. Moyer, C.J., Lundberg Stratton, O’Donnell and Lanzinger, JJ., concur. O’Connor, J., concurs in judgment only. Resnick and Pfeifer, JJ., dissent. 101
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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
Page 55 and 56: Advisory Committee on Technology &
Page 57 and 58: the ohio courts network “All cour
Page 59 and 60: The Facilities Management Division
Page 61 and 62: Meetings & Events The Meetings & Ev
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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
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Page 105: October State ex rel. Ohio Democrat
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Page 111 and 112: Judgment affirmed. Moyer, C.J., Res
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Page 115: Herb Hungerford, Custodian Herbert
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