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

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February Cousino Constr. Co. v. Wilkins Case no. 2004-1560 Web cite 2006-Ohio-162 Holds that a general contractor’s purchases of third-party janitorial services used in the course of restoring damaged buildings are not eligible for a resale exemption from use tax. Board of Tax Appeals, No. 2002- N-919. Decision affirmed in part and reversed in part, and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State ex rel. Loyd v. Lovelady Case no. 2004-1465 Web cite 2006-Ohio-161 Upholds as constitutional a state law enacted in 2000 creating a substantive right for men against whom paternity judgments have been entered to obtain relief from those judgments through DNA testing, despite their failure to comply with the Supreme Court Rules of Civil Procedure. Cuyahoga App. No. 83090, 2004- Ohio-3617. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State v. Hancock Case no. 2003-2099 Web cite 2006-Ohio-160 Affirms the aggravated murder conviction of Timothy Hancock for the November 2000 strangulation killing of his cellmate at the Warren Correctional Institution in Lebanon. Hancock’s death sentence was ruled invalid as the jury inadvertently reviewed evidence barred by the trial judge from the penalty phase of the trial. The case was remanded to the Warren County Court of Common Pleas for a new sentencing hearing. Warren C.P. No. 00CR19073. Judgment affirmed in part and vacated in part, and cause remanded for further proceedings. Moyer, C.J., Pfeifer, O’Connor and Lanzinger, JJ., concur. Resnick, Lundberg Stratton and O’Donnell, JJ., concur in part and dissent in part. Strongsville Bd. of Edn. v. Wilkins Case no. 2004-1854 Web cite 2006-Ohio-248 Rules the state tax commissioner may not consider an application for exemption of a property from property taxes unless the application is accompanied by a certificate signed by the county treasurer showing that, at the time the application was filed, all non-remittable taxes, interest, and penalties due on the subject property have been paid, or that the applicant has entered into a contract with the county treasurer for payment of all delinquent taxes and penalties. Board of Tax Appeals, No. 2002-G- 2562. Decision affirmed. Moyer, C.J., Resnick, O’Connor and Lanzinger, JJ., concur. Pfeifer, Lundberg Stratton and O’Donnell, JJ., dissent. Fichtel & Sachs Industries Inc. v. Wilkins Case no. 2004-1216 Web cite 2006-Ohio-246 When a warehouse facility receives and stores finished auto clutch components, and later packages those parts into kits for various makes and models of vehicles to ship to customers, the warehouse does not engage in processing those parts and 82
is entitled to exemption of its inventory from Ohio’s business property tax. Board of Tax Appeals, No. 2003-M- 408. Decision affirmed in part and reversed in part, and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State v. Foster Case nos. 2004-1568, 2004-1771, 2005-0735, and 2005-2156 Web cite 2006-Ohio-856 Applying recent U.S. Supreme Court decisions to Ohio’s felony sentencing system, rules unconstitutional those portions of Ohio’s criminal sentencing statute requiring judges to make findings not found by a jury or admitted by a defendant before imposing consecutive or maximum sentences, more than the minimum term on first-time prison sentences, or additional sentences on repeat violent and major drug offenders. Licking App. No. 03CA95, 2004-Ohio- 4209, Cuyahoga App. No. 83720, 2004- Ohio-4485, Lake App. No. 2003-L-110, 2005-Ohio-1107, and Ottawa App. No. OT-03-016, 2005-Ohio-5257. Judgment reversed in No. 2004-1568 and cause remanded to the trial court. Judgment affirmed in No. 2004-1771 and cause remanded to the trial court. Judgment reversed in No. 2005-0735 and cause remanded to the trial court. Judgment affirmed in No. 2005-2156. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick, J., concurs in paragraph seven of the syllabus and in judgment. NOTE: Foster also decided State v. Quinones (2004-1771), State v. Adams (2005-0735) and State v. Horn (2005- 2156), which were consolidated for decision by the Court because they raised closely related legal issues and arguments. March State ex rel. Montgomery Cty. Pub. Defender v. Siroki (per curiam) Case no. 2005-1142 Web cite 2006-Ohio-662 If a clerk of court needs to redact Social Security numbers from records after a public defender has requested the documents, the clerk may, for a reasonable time, delay in complying with the request. Montgomery App. No. 20433. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Academy of Medicine of Cincinnati v. Aetna Health Inc. Case no. 2004-0001 Web cite 2006-Ohio-657 A state court may apply a federal standard in determining whether a dispute is subject to mandatory arbitration. Hamilton App. Nos. C-030109, C- 030110, and C-030111, 2003-Ohio- 6194. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, O’Connor and O’Donnell, JJ., concur. Lundberg Stratton and Lanzinger, JJ., dissent. Portage Cty. Bd. of Commrs. v. Akron Case no. 2004-0783 Web cite 2006-Ohio-954 Rules that Akron must maintain the current aggregate downriver flow of between 8.1 and 9.5 million gallons of 83
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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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Page 43 and 44: The Legal Resources Division consis
Page 45 and 46: Law Library Updates Information Ser
Page 47 and 48: The Fiscal & Management Resources D
Page 49 and 50: The Employee Events Committee is an
Page 51 and 52: Judiciary/Supreme Court 2006 expend
Page 53 and 54: 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
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: The following is a chronological li
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 and 112: Judgment affirmed. Moyer, C.J., Res
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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