Search for: "R.C."
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2 Sep 2014, 9:05 am
The Court ruled that an individual employee cannot be held liable for employment discrimination under R.C. 4112.01(A)(2) and 4112.02(A), as those statutes [read post]
Court Punts on Separation of Powers Issue in Arson Offender Registration Statute. State v. Carlisle.
22 Dec 2020, 5:17 am
The conflict was whether R.C. 2909.15(D)(2)(b), the reduction provision of the Arson Offender Registration Statute, unconstitutionally … Continue reading → The post Court Punts on Separation of Powers Issue in Arson Offender Registration Statute. [read post]
27 Aug 2010, 1:16 am
The Supreme Court of Ohio ruled today that in capital murder cases where a trial court is required to file a separate sentencing opinion setting forth the court’s specific findings regarding a death sentence, a “final appealable order” consists of both the court’s judgment of conviction filed pursuant to Criminal Rule 32(C), and its sentencing opinion filed pursuant to R.C.2929.03(F). [read post]
8 Mar 2012, 6:20 am
The Supreme Court of Ohio ruled today that under current state law, when a claimant or employer appeals an order of the Ohio Industrial Commission in a workers’ compensation case to a common pleas court, failure by the appellant to name the administrator of the Bureau of Workers’ Compensation (BWC) as a party and to serve the administrator with a copy of the appeal notice as required by R.C. 4123.512 are not “jurisdictional” defects (i.e., are not errors that deprive… [read post]
14 Dec 2010, 5:01 am
Here are my selections for the top ten (10) twelve (12) New Jersey elder law / public benefits / Medicaid cases decided in 2010: (1) R.C. v. [read post]
15 Dec 2009, 7:37 pm
Judging from this report, he should sue the Town Center Mall in Charleston, whose behavior was obviously unreasonable, and he should seek discipline regarding officer R.C. [read post]
Expert's Testimony Without U.S. Trademark Register Insufficient to Support Counterfeiting Conviction
6 Feb 2010, 6:10 am
The Supreme Court of Ohio today ruled that a trademark-investigation expert’s testimony that he is aware that certain trademarks are registered but that he has never personally viewed the trademark-registration documents is insufficient to prove by itself that the trademarks are registered on the principal register in the United States Patent and Trademark Office as required for a conviction for trademark counterfeiting under R.C. 2913.34. [read post]
Private Property Leased For Profit to School Does Not Qualify for 'Public Schoolhouse' Tax Exemption
14 Oct 2010, 1:08 am
In a 7-0 decision announced today, the Supreme Court of Ohio held that the property tax exemption for a “public schoolhouse” set forth in R.C. 5709.07(A)(1) does not apply to property that is leased by its owner to a school for profit. [read post]
14 Jul 2011, 4:03 am
In a 7-0 decision announced today, the Supreme Court of Ohio ruled that a physician who serves as a volunteer “clinical faculty member” by allowing students at a state university medical school to observe his private practice is not entitled to personal immunity from malpractice liability under R.C. 9.86 as an employee or officer of the state. [read post]
26 Oct 2017, 6:01 am
The Supreme Court today unanimously upheld the constitutionality of R.C. 2903.11(B)(1), Ohio’s HIV-disclosure statute, which makes it a crime for a person who has tested positive for HIV to knowingly engage in sexual conduct with another without disclosing that information, concluding that it does not violate either the free speech provision of the First Amendment or the Equal Protection Clauses of the United States or Ohio Constitutions. [read post]
8 Apr 2011, 4:04 am
The Supreme Court of Ohio held today that an appeal of an administrative agency order is “filed” and perfected if a clerk of courts serves the agency with a copy of the appellant’s notice of appeal that has been filed in common pleas court, and the administrative agency receives the notice sent by the clerk within the statutory filing deadline prescribed under R.C. 2505.07. [read post]
1 Dec 2010, 11:05 pm
When the owner of farm land who has obtained a current agricultural use valuation (CAUV) of his property petitions to detach that land from a municipality under R.C. 709.42, the Supreme Court of Ohio ruled today that a court considering the detachment petition must determine the amount of property taxes the owner “is taxed and will continue to be taxed” based on the CAUV of the land rather than the tax the owner would pay based on the non-agricultural market value of the… [read post]
24 Feb 2011, 11:29 am
The state's allied offenses of similar import statute (R.C. 2941.25), therefore, does not require the firearm specification and [read post]
17 May 2012, 6:02 am
The Supreme Court of Ohio held today that when a certified police officer has been promoted to chief of police in a township that does not have a civil service commission, and that person is later terminated as chief other than for cause, the officer does not have an automatic right under R.C. 505.49(B)(3) to be reinstated to the position he or she held before being promoted to chief. [read post]
25 Feb 2011, 5:03 am
The Supreme Court of Ohio held today that the “firearm specification” provision of state law that adds three years to the prison sentence of an offender who uses a firearm in the commission of a felony does not charge the defendant with a separate criminal offense, and therefore Ohio’s allied offenses of similar import statute (R.C. 2941.25) does not require the firearm specification and the underlying offense to be merged for sentencing. [read post]
21 Dec 2010, 5:02 pm
In a 6-0 decision announced today, the Supreme Court of Ohio held that an officer, employee or duly authorized agent of a community school that receives public funds under R.C. [read post]
8 May 2007, 2:51 pm
On April 30, 2007, Hearing Officer R.C. [read post]
30 Sep 2010, 1:10 am
The Supreme Court of Ohio held today that R.C. 5715.19(D), a state law requiring that a tax valuation of property established by a ruling of the State Board of Tax Appeals (BTA) must be “carried over” to subsequent tax years, does not supersede a different statute that requires county auditors to reappraise all real property within their county and establish a new tax valuation for each parcel every six years. [read post]
24 Dec 2009, 3:20 pm
The Supreme Court of Ohio ruled today that in order to correct criminal sentences that do not properly impose a term of post-release control, the state’s trial courts: 1) must conduct de novo sentencing hearings for offenders who were sentenced before July 11, 2006; and 2) must follow statutory resentencing procedures set forth in R.C. 2929.191 for offenders whose sentences were imposed on or after July 11, 2006, the effective date of the statute. [read post]
20 Nov 2009, 8:17 pm
The Supreme Court of Ohio ruled today that the damaging of a single private telephone or cellular telephone disrupts public services in violation of R.C. 2909.04(A)(3) if the conduct substantially impairs the ability of law-enforcement officers, firefighters, rescue personnel, emergency-medical-services personnel, or emergency-facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm. [read post]
