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

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Kish v. Akron Case no. 2004-0738 Web cite 2006-Ohio-1244 Rules that, as the term is used in the state law barring the destruction of public records, a record may consist of a single document within a larger file of documents or a compilation of documents. On Order from the United States Court of Appeals for the 6 th Circuit Certifying a Question of State Law, Nos. 2002-3631 and 2002-3632. Certified question answered. See opinion. Moyer, C.J., Resnick, Pfeifer and O’Connor, JJ., concur. Lundberg Stratton, O’Donnell and Lanzinger, JJ., dissent. Campbell v. Ohio State Univ. Med. Ctr. Case no. 2004-2173 Web cite 2006-Ohio-1192 Holds that, if a patient is injured by a fellow patient at a state-run mental hospital, in order to recover damages under Ohio’s patient bill of rights statute, the injured party must establish that the attacker had explicitly threatened imminent and serious physical harm. Franklin App. No. 04AP-96, 2004- Ohio-6072. Judgment affirmed. Moyer, C.J., Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Lanzinger, J., concurs separately. Resnick and Pfeifer, JJ., dissent. In re C.R. Case no. 2004-2031 Web cite 2006-Ohio-1191 When a juvenile court decides a child is abused, neglected, or dependent, the judgment also implies that neither of the child’s natural parents is presently suitable to have legal custody of the child. When awarding legal custody of the aforementioned child, a juvenile court is not required to make a specific finding at the dispositional hearing that noncustodial parents are unsuitable. Cuyahoga App. No. 82891, 2004-Ohio- 4465. Certified question answered. Moyer, C.J., O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick, Pfeifer and Lundberg Stratton, JJ., dissent. Bakies v. Perrysburg Case no. 2004-1923 Web cite 2006-Ohio-1190 Rules valid and enforceable a contract in which a municipality requires a nonresident customer of the city’s water and sewer services to agree to annexation of his property or face termination of service. Wood App. Nos. WD-03-055 and WD- 03-062, 2004-Ohio-5231. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Sadler, JJ., concur. Lisa Sadler, J., of the 10 th Appellate District, sitting for Lanzinger, J. Groob v. KeyBank Case no. 2004-0214 Web cite 2006-Ohio-1189 If a bank is dealing at arm’s length with a prospective borrower, the bank does not have a fiduciary duty to that prospective borrower unless special circumstances exist. The ruling also holds that for an employer to be liable for an intentional act of an employee, the employee must be acting within the scope of his or her employment at the time the act is committed. Hamilton App. No. C-020191, 155 Ohio App.3d 510, 2003-Ohio-6915. 86
Judgment reversed. Moyer, C.J., O’Connor, O’Donnell and Lanzinger, JJ., concur. Farmer, Pfeifer and Lundberg Stratton, JJ, dissent. Sheila G. Farmer, J., of the 5 th Appellate District, sitting for Resnick, J. April Clark v. Greene Cty. Combined Health Dist. Case no. 2004-1911 Web cite 2006-Ohio-1326 Rules a county combined health district has legal authority to require a property owner to connect his household sewer outlet to an available municipal sanitary sewer system, even when the municipality operating the sewer system requires annexation of the property to the municipality as a condition of connection. Greene App. No. 04CA0027, 158 Ohio App.3d 492, 2004-Ohio-5276. Judgment affirmed. Moyer, C.J., Resnick, O’Connor and O’Donnell, JJ., concur. Lanzinger, J., concurs in judgment only. Pfeifer and Lundberg Stratton, JJ., concur in part and dissent in part. Oriana House Inc. v. Montgomery Case no. 2004-1769 Web cite 2006-Ohio-1325 Holds the state auditor has the authority to conduct a special audit of Oriana House, a private corporation operating the Summit County community-based correctional facility, and has the ability to subpoena records of Correctional Health Services, an Oriana subsidiary. Holds, however, that the state auditor does not have the authority to subpoena personal financial records of Oriana House employees, specifically, CEO James Lawrence. Franklin App. No. 03AP-1178, 2004- Ohio-4788. Judgment affirmed in part and reversed in part. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State v. Barton Case no. 2003-2036 Web cite 2006-Ohio-1324 When a criminal defendant in a capital murder case waives presentation of all mitigating evidence during both the guilt and sentencing phases of his trial, the trial court must conduct an inquiry of the defendant to determine if the waiver was produced knowingly and voluntarily. Affirms the aggravated murder conviction and death sentence of Rocky Barton of Waynesville for the murder of his wife, Kimbirli. Warren C.P. No. 03CR20526. Judgment affirmed. Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick, concurs in judgment only. Moyer, C.J., concurs in part and dissents in part. Pfeifer, J., dissents. State v. Ferguson Case no. 2003-1904 Web cite 2006-Ohio-1502 Affirms the convictions and death sentence of Darrell Ferguson for the aggravated murders of Thomas King, and Arlie and Mae Fugate in December 2001. Montgomery C.P. No. 02-CR-0353. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, 87
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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 41 and 42: The Supreme Court of Ohio 2006 Case
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 and 88: The following is a chronological li
Page 89 and 90: is entitled to exemption of its inv
Page 91: exception to the state Public Recor
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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