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District, was assigned to sit for Resnick,
J., whose term ended on Jan. 1, 2007.
State v. Buehler*
Case no. 2005-2336
Web cite 2007-Ohio-1246
(1). A careful, commonsense reading of
R.C. 2953.74(C) in pari materia with R.C.
2953.75 and 2953.73 and the remainder
of R.C. 2953.74 illustrates the intent of the
General Assembly to authorize the trial
court to exercise its discretion in how to
proceed when ruling on an eligible inmate’s
application for DNA testing. (2). When
an eligible inmate files an application for
DNA testing pursuant to R.C. 2953.73, a
trial court should exercise its discretion
based upon the facts and circumstances
presented in the case as to whether it will
first determine whether the eligible inmate
has demonstrated the DNA testing would be
outcome-determinative, or whether it should
order the prosecuting attorney to prepare
and file a DNA evidence report pursuant to
R.C. 2953.75.
Cuyahoga App. No. 85796, 164 Ohio App.3d
209, 2005-Ohio-5717. Judgment reversed and
judgment of the trial court reinstated.
Moyer, C.J., Pfeifer, Lundberg Stratton,
O’Connor and O’Donnell, JJ., concur.
Harsha, J., concurs in judgment only.
Lanzinger, J., dissents.
William H. Harsha, J., of the 4 th
Appellate District, was assigned to sit for
Resnick, J., whose term ended on Jan. 1,
2007.
Lorain Cty. Aud.
v. Ohio Unemp. Comp. Rev. Comm.*
Case no. 2005-2359 and 2005-2375
Web cite 2007-Ohio-1247
(1). For purposes of eligibility for
unemployment benefits, an employee who
has worked the maximum number of hours
under an intermittent-employment contract
is not discharged for just cause and does not
become voluntarily unemployed as described
in R.C. 4141.29(D)(2)(a). (2). A formal
discharge is not required for a successful
claim of unemployment benefits.
Lorain App. No. 05CA008679, 2005-Ohio-
5807. Judgment reversed.
Pfeifer, O’Connor, O’Donnell and
Lanzinger, JJ., concur.
Moyer, C.J., Bressler and Lundberg
Stratton, JJ., dissent.
H. J. Bressler, J., of the 12 th Appellate
District, was assigned to sit for Resnick,
J., whose term ended on Jan. 1, 2007.
Mid-American Fire & Cas. Co. v. Heasley*
Case no. 2005-2399 and 2006-0249
Web cite 2007-Ohio-1248.
(1). An automobile-liability insurer cannot
maintain a declaratory judgment action to
determine the rights of a party under its
insurance contract if that party is barred
from seeking insurance coverage by
controlling legal authority. (2). Dismissal of
a declaratory judgment action is reviewed
under an abuse-of-discretion standard.
(Bilyeu v. Motorists Mut. Ins. Co. [1973], 36
Ohio St.2d 35, 37, 65 O.O.2d 179, 303 N.E.
2d 871, followed.)
Lake App. No. 2004-L-115, 2005-Ohio-6072.
Judgment affirmed.
Moyer, C.J., Walsh, Lundberg Stratton,
O’Connor and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
O’Donnell, J., dissents and would dismiss
the cause as having been improvidently
accepted.
James E. Walsh, J., of the 12 th Appellate
District, was assigned to sit for Resnick,
J., whose term ended on Jan. 1, 2007.
State v. Boczar
Case no. 2006-0550
Web cite 2007-Ohio-1251
R.C. 4511.19(D)(4)(b), which provides
that the results of field sobriety tests are
admissible if the tests are administered
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