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17 Sep 2018, 5:25 am
In Saltos v Severino, 2018 WL 3586274 (D. [read post]
16 Jul 2021, 7:13 am
“Because R.C. 109.78(D) and R.C. 2923.122(D)(1)(a) are unambiguous and do not conflict with each other, we must apply both statues as written unless and until the General Assembly directs otherwise by legislative action. [read post]
15 Dec 2009, 7:37 pm
WAR AGAINST PHOTOGRAPHY (CONT'D): Photographer arrested at mall after taking holiday photos. [read post]
27 Sep 2015, 9:01 pm
Christopher D. [read post]
28 Apr 2011, 4:03 am
The Supreme Court of Ohio held today that the four-year statute of limitations (time limit) for filing a professional negligence lawsuit against a property appraiser under R.C. 2305.09(D) commences to run on the date that the negligent act is committed, not on the date the plaintiff suffers an actual loss arising from the appraiser’s alleged negligence. [read post]
Township Trustees Are Not 'Party' With Legal Standing to File Mandamus Action Challenging Annexation
30 Jan 2010, 8:05 am
In a decision announced today, the Supreme Court of Ohio ruled that by filing objections with county commissioners to an annexation petition pursuant to R.C. 709.023(D), a board of township trustees does not gain legal standing to later file a mandamus action challenging the commissioners’ approval of the requested annexation. [read post]
15 Oct 2019, 6:07 am
Clinton D. [read post]
20 Aug 2019, 3:16 am
Here are three recent TTAB decisions in Section 2(d) appeals. [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]
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]
30 Jun 2020, 5:03 am
At issue in this case is whether R.C. 2953.08(D)(3) is unconstitutional on its face, and as applied to … Continue reading → The post Oral Argument Preview: Is it Constitutional for A Life-Without-Parole Sentence for Aggravated Murder to be Nonreviewable? [read post]
7 Jan 2010, 12:46 pm
The Supreme Court of Ohio ruled today that R.C. 2953.08(D)(1), which bars a criminal defendant from appealing a jointly recommended sentence that is “authorized by law,” does not bar appellate review in cases where the sentence imposed by a trial court is contrary to a mandatory provision of the state’s criminal sentencing statutes. [read post]
17 Jul 2010, 1:09 am
The Supreme Court of Ohio ruled today that the preadoption placement procedures for “private” adoptions set forth in R.C. 5103.16(D) must be followed even in cases where the child has been living with the prospective adoptive parents pursuant to an award of legal custody by a juvenile court. [read post]
24 Jun 2011, 4:10 am
Zumbar, and reinstates ousted Gary D. [read post]
25 May 2016, 11:28 am
As I posted here, after the Supreme Court of Ohio reversed and remanded this case to apply the punitive damages cap in R.C. 2315.21(D)(2)(a) to the two million dollar punitive damages judgment, arguing began in earnest over the amount and the distribution of the punitive damages. [read post]
25 Jan 2021, 4:55 am
“If we say 109 (R.C. 109.78(D)) doesn’t apply, then do we allow non-law enforcement personnel to carry a weapon, hoping they do the right thing with it? [read post]
13 Jul 2020, 5:36 am
At issue in this case is whether R.C. 2909.15(D)(2)(b) unconstitutionally violates the separation of powers doctrine. [read post]
12 Aug 2016, 8:25 am
The Tenth District read ambiguity into R.C. 4117.13(D) where none exits. [read post]
29 Jun 2010, 10:33 am
Jenney, Slip Opinion No. 2010-Ohio-2420, issued a 5-1 decision stating that "a police officer's unaided visual estimation of a vehicle's speed is sufficient evidence to support a conviction for speeding in violation of R.C. 4511.21(D) without independent verification of the vehicle's speed if the officer is trained, certified, and experienced in visually estimating vehicle speed. [read post]
3 Jun 2019, 4:54 am
Gallagher authored the opinion and Judge Frank D. [read post]
