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Topic: Ohio Supreme Court


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In the News (Mon 13 Feb 12)

  
  Ohio Supreme Court - Wikipedia, the free encyclopedia
The Ohio Supreme Court is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution.
In 1999, the court overturned a law that would have limited awards in tort lawsuits, ruling that it was an unconstitutional violation of separation of powers for the Ohio General Assembly (the state legislature) to try to limit the Supreme Court's authority over court procedure (State ex rel.
Each time the court overturned such a law, it was met with howls of protest and derision from the legislature, with calls for impeachment and threats to the salaries of the justices.
en.wikipedia.org /wiki/Ohio_Supreme_Court   (652 words)

  
 MAPP v. OHIO, 367 U.S. 643 (1961) -- US Supreme Court Cases from Justia & Oyez
The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have resulted in their embodiment in the fundamental law of the land." At p.
The judgment of the Supreme Court of Ohio is reversed and the cause remanded for further proceedings not inconsistent with this opinion.
Because of the unusual provision of the Ohio Constitution requiring "the concurrence of at least all but one of the judges" of the Ohio Supreme Court before a state law is held unconstitutional (except in the case of affirmance of a holding of unconstitutionality by the Ohio Court of Appeals), Ohio Const., Art.
www.justia.us /us/367/643/case.html   (11055 words)

  
 Ohio Roundtable - Library - OHIO SUPREME COURT DUCKS ITS DUTY,
The Ohio Roundtable, the Ohio Methodist Church, and several citizens challenged Ohio's participation in a multi-state lottery on three key points across the state.
At the trial court the Plaintiffs won a significant claim regarding a 1987 constitutional amendment passed by Ohio voters to direct lottery proceeds to education funding.
The trial court agreed with the plaintiffs and ordered the state to adhere to the direct instruction of the constitution and place all MegaMillions proceeds into education funding.
www.ohioroundtable.org /library/articles/casino/megamillions_SC.html   (395 words)

  
 Ohio Supreme Court Prevents Attorneys from Retaining Evidence of a Crime   (Site not responding. Last check: 2007-11-01)
The trial court overruled the attorney's motion to quash the subpoena and ordered the attorney to produce the letter to the grand jury since it was physical evidence of a crime.
The Supreme Court affirmed the vacation of the contempt citation, stating that the attorney had acted in good faith.
The Supreme Court struck a well-reasoned balance between the interests of law enforcement, the protection of citizens, and the attorney-client privilege.
commissioners.co.lucas.oh.us /Prosecutor/CrimeEvidence.asp   (531 words)

  
 Ohio Supreme Court Pollution Exclusion
On November 14, 2001, the Ohio Supreme Court joined the high courts of Indiana and Illinois in restricting the scope of the absolute pollution exclusion to "traditional environmental pollution" (Anderson v.
Other jurisdictions have ruled that the absolute pollution exclusion is not applicable to incidents occurring indoors, however, the Ohio high court's decision is more onerous in that it has found ambiguity in the definition of "pollutant" because of the generic terms employed in the pollution exclusion rather than attempting to list specific substances.
The more recent high court decision seems to track with this decision with the majority of the panel stating that the absolute exclusion bars coverage for the costs of government mandated cleanups - leaving the question of voluntary cleanup costs open for further clarification.
www.facworld.com /facworld.nsf/doc/ohiopollexcl   (371 words)

  
 Occupational Hazards - Ohio Supreme Court Expands Right to Collect Workers' Comp   (Site not responding. Last check: 2007-11-01)
The Ohio Supreme Court unanimously expanded the right of families and estates of deceased workers to collect benefits due family members who die from work-related injuries during the workers' compensation approval process.
At the request of Hubbard's widow, Kelley and Ferraro petitioned the Ohio Supreme Court to order the Industrial Commission of Ohio to grant the lump-sum workers compensation payment due Hubbard for the nine months between filing his application and his death.
The Court also found that the bureau had misinterpreted Industrial Commission of Ohio rules by requiring the examination by a state specialist, which unreasonably delayed the approval of the claim.
www.occupationalhazards.com /full_story.php?WID=4935   (533 words)

  
 ABC News: Ohio Supreme Court Won't Sanction Lawyers   (Site not responding. Last check: 2007-11-01)
Chief Justice Thomas Moyer ruled against Ohio Attorney General Jim Petro's attempt to have the lawyers sanctioned for filing "a meritless claim" against the vote that gave President Bush a win in Ohio and, as a result, enough electoral votes to win a second term in the White House.
In legal documents filed with the state Supreme Court, the lawyers had said the challenge they filed on behalf of 37 voters included enough evidence of voting irregularities to back up their allegations of widespread fraud.
Moyer, acting under the court's power to assign election-related complaints to a single justice, said that while the court has the authority to sanction attorneys, the speed with which elections must be challenged allows the court some leeway.
abcnews.go.com /US/wireStory?id=771834&CMP=OTC-RSSFeeds0312   (318 words)

  
 Ohio Supreme Court Limits Net Metering Incentive
Supporters of Ohio's net metering statute were disappointed with the June 5, 2002 Ohio Supreme Court decision limiting the financial incentives for electric utility consumers who place a solar, wind or other distributed technology on their home or business.
The Ohio Supreme Court?s unanimous decision on June 5 means that net metering still provides a full kilowatt hour rate credit for electricity sent back to the electric grid during a billing period, up to the point where the customer-generator has offset his own usage.
First Energy tariff (Ohio Edison Co., Cleveland Electric Illuminating Co., and Toledo Edison Co.) and other electric utilities are expected to file draft tariffs at the PUCO proposing modifications consistent with the policy embodied in the Supreme Court decision.
www.greenenergyohio.org /page.cfm?pageID=322   (504 words)

  
 Ohio Supreme Court Rules on Expert Witness Testimony - 10/3/05 - Ohio State Medical Association
In a 5-2 decision in favor of a Cleveland physician in a medical liability case, the Ohio Supreme Court recently said that witnesses testifying on their own behalf are permitted to state that their opinions are based, in part, on a review of professional literature.
The 8th Ohio District Court of Appeals overruled the jury verdict stating the trial judge should not have allowed the physician's reference to professional literature.
The majority also wrote that even had the trial court abused its discretion in admitting the physician's testimony, reversing the verdict would not be warranted.
www.osma.org /i4a/pages/headlinedetails.cfm?id=143   (328 words)

  
 Ohio Supreme Court case on confidentiality
This court granted an alternative writ and issued a schedule for the presentation of evidence and briefs.
This cause is now before the court for a consideration of Schneider’s request for oral argument as well as the merits.
Accordingly, having determined that the document sought by relator is a mediation communication, we are compelled by the words of the statute to conclude that the form is confidential and may not be disclosed, unless one of the exceptions enumerated in R.C. 2317.023(C) applies to the relator’s cause.
disputeresolution.ohio.gov /sctjud.htm   (1861 words)

  
 Ohio Supreme Court Issues Emergency Stay (CCW)
The theory is that, even though two courts have declared this law unconstitutional, and the Ohio Supreme Court has refused to issue an emergency stay in the matter, the Ohio Senate will continue to delay progress on this legislation until the court moves on this issue.
Ohio Senate President Richard Finan said this week that the upper chamber won't act on a pending concealed carry gun bill until the Ohio Supreme Court rules in a Cincinnati case testing the constitutionality of the state's existing ban on hidden weapons.
The Ohio Supreme Court's granting Thursday of the attorney general's request for a stay of a lower court ruling brought that single county back in line with the statewide prohibition on concealed carry, a move that's good for the state and for Hamilton County.
www.freerepublic.com /focus/news/672714/posts   (4718 words)

  
 Drug Policy Alliance: Ohio Supreme Court Strikes Down Drug Testing Law
The court also found that any special need asserted by the state for the testing was outweighed by Ohioans' right to privacy.
In his dissent, Moyer said the majority's reasoning was flawed and the court shouldn't have heard the case in the first place.
The case was filed by the Ohio AFL-CIO against the Ohio Bureau of Workers' Compensation, with the union arguing the law might affect its members.
www.lindesmith.org /news/12_23_02ohio.cfm   (375 words)

  
 Ohio Supreme Court To Hear Eminent Domain Case   (Site not responding. Last check: 2007-11-01)
The state Supreme Court is already weighing a related case concerning the ability of the city to bulldoze the homes while the families are appealing.
Because Ohio is one of the first states with a major court case pending, many other state courts will watch the outcome closely, said Bert Gall, an attorney for the Washington, D.C.-based Institute for Justice, which is representing the families in their lawsuit against Norwood.
Ohio lawmakers also are pushing a bill that would freeze any eminent domain actions that would give private developers control of the property through 2006 until a committee can study the issue.
www.wcpo.com /news/2005/local/10/03/norwood.html   (796 words)

  
 Ohio's Judicial Branch
When Ohio was carved out of the Northwest Territory and its first Constitution adopted in 1802, the Supreme Court of Ohio was established as the highest court in the state.
In cases where one of the Justices or the Chief Justice does not participate, a judge of one of the courts of appeals is chosen to sit on the Supreme Court.
The Ohio Constitution requires that all actions of the Supreme Court be published.
www.legislature.state.oh.us /judicial.cfm   (1064 words)

  
 Ohio Supreme Court Makes Changes to Attorney Discipline System   (Site not responding. Last check: 2007-11-01)
The Ohio Supreme Court made two rule changes this month to the attorney-discipline system.
Under the amended attorney-registration rule, the court will collect $275 from every lawyer who registers for active status for the 2003-05 biennium, which begins Sept. 1.
The increase in the licensing fee paid by Ohio lawyers will allow the Supreme Court to provide continued financial support for the attorney-discipline system, said Chief Justice Thomas J. Moyer.
www.ohioscpa.com /article.asp?article=1079-1   (184 words)

  
 Law.com - Ohio Supreme Court Says Telemarketers Must Yield When Asked
The trial and intermediate appellate courts ruled that the TCPA claim had to be dismissed, reasoning that Dispatch was exempt from telephone-solicitation regulations in its dealings with Charvat because of their business relationship.
From the FCC's discussion of its rules, the court cited a footnote that said "a business may not make telephone solicitations to an existing or former customer who has asked to be placed on that company's do-not-call list.
He said the FCC would not have had the authority to adopt the regulation as interpreted by the court, and the court went beyond the unambiguous language of the regulations.
www.law.com /jsp/article.jsp?id=1024078938767   (491 words)

  
 ADF: Ohio Supreme Court refuses to stop Marriage Protection Amendment vote - Alliance Defense Fund - Defending Our ...
The court made its decision after opponents of the amendment filed an eleventh-hour lawsuit in an attempt to stop the vote from taking place.
Ohio’s proposed amendment reads, "Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions.
Besides Ohio, ADF is or has been involved directly or indirectly with legal actions defending marriage in Arkansas, Arizona, California, Indiana, Louisiana, Maryland, Massachusetts, New Jersey, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, and Washington state.
www.alliancedefensefund.org /story/?id=523   (467 words)

  
 Ohio Supreme Court   (Site not responding. Last check: 2007-11-01)
As any Ohioan with a television or radio knows from the controversial November 2000 and 2002 elections, Ohio Supreme Court justices are elected by voters in general elections.
The constitutional amendment, if passed, would require the legislature to select a supreme court nominating committee, which would submit nominations to the governor.
Senator Coughlin’s legislation is intended to offer an alternative to the current system of electing supreme court justices established in 1851, which in recent years has resulted in exceptionally contentious and negative campaigns.
www.ohioscpa.com /advocacy/article.asp?article=642-1   (323 words)

  
 Ohio Supreme Court Strikes Down Radical Tort 'Reform' Law   (Site not responding. Last check: 2007-11-01)
On August 16, 1999, the Ohio Supreme Court struck down as unconstitutional the nation's most extreme law limiting the legal rights of citizens and protecting corporations from liability for their actions.
The majority opinion of the Court noted: "Fairness and judicial economy, as well as the preservation of judicial independence, require this court to address this cause which is of the greatest concern to all the citizens of Ohio.
The court found the law unconstitutional "because it requires a plaintiff to file a claim before she is able to discover the alleged malpractice and her resulting injury, and, therefore, it imposes an impossible condition on her access to the courts and pursuit of her tort remedy."
www.atlanet.org /homepage/jud0909.aspx   (821 words)

  
 By What Authority - Fall 2003   (Site not responding. Last check: 2007-11-01)
At least four historic Ohio state supreme court decisions in 1853 challenged the Dartmouth case and its fundamental premise that a corporate charter is a contract.
The worker-dominated Ohio People's Party platform called for the initiative and referendum, eight-hour day, employer liability for work-related injuries, municipal ownership of utilities and street railways, the elimination of private banks, prohibition of child labor, compulsory education, women's suffrage, abolition of alien land ownership, and national ownership of railroads, telegraphs, telephones, and mines.
Ohio farmers were near revolt by 1873 in response to the rising monopoly power of railroad corporations, which robbed them of "the larger portion of the profits of their toil."
www.poclad.org /bwa/Winter03.htm   (4952 words)

  
 photoj - a cyberwire service--THE YEAR IN REVIEW-2004--THE OHIO JUDICIAL CENTER--   (Site not responding. Last check: 2007-11-01)
OHIO JUDICIAL CENTER--All rise, as the Justices of the Ohio Supreme Court enter their new courtroom, at the Ohio Judicial Center, in Columbus, Ohio, on Tuesday, March 16, 2004.
OHIO JUDICIAL CENTER--Ohio State Highway Patrol Lt. Susan Rance-Locke sings the National Anthem during the opening session of the Ohio Supreme Court, at the newly completed Ohio Judicial Center, in Columbus, Ohio, on Tuesday, March 16, 2004.
OHIO JUDICIAL CENTER--Ohio Supreme Court Chief Justice Thomas J. Moyer speaks during the ceremonial proceedings, at the Ohio Judicial Center, in Columbus, Ohio, on Tuesday, March 16, 2004.
www.photoj.com /browse/122704.html   (305 words)

  
 Institute for Justice: Property Rights Cases: Ohio Supreme Court Maintains Protects Homes From Eminent Domain ...
Under the Ohio Constitution and urban renewal laws, eminent domain can only be used to eliminate actual conditions of slum and blight.
A trial court found that the neighborhood is not blighted, but agreed with the City that the neighborhood is “deteriorating” because, among other reasons, it had “diversity of ownership”—in other words, people own their own homes and businesses.
Last week, the Ohio Supreme Court heard oral arguments on the issue of whether Anderson could bulldoze the Gambles’ home and Mr.
www.ij.org /private_property/norwood/10_3_05pr.html   (407 words)

  
 Ohio Court Backs Forced Medication
COLUMBUS, Ohio –– A mentally ill person involuntarily committed to a treatment center can be ordered by a court to take anti-psychotic drugs if it is in the patient's best interest, the state Supreme Court ruled.
The unanimous decision said a court also can order medication if a patient lacks the capacity to give or withhold informed consent regarding treatment, and if a less intrusive treatment is unavailable.
The court ruled in the case of Jeffrey Steele, who appealed a 1997 request by the Hamilton County Community Mental Health Board to forcibly give him psychotropic or mind-altering drugs.
www.washingtonpost.com /wp-srv/aponline/20001019/aponline080110_000.htm   (222 words)

  
 Ohioans For Concealed carry - Ohio Supreme Court Unanimously Affirms OFCC Position on TELs   (Site not responding. Last check: 2007-11-01)
The court denied the writ of mandamus only because the plaintiff had other legal methods to appeal the denial.
The court's unanimous decision said a sworn statement showing fear of imminent danger is sufficient when applying for a concealed carry permit, because it's clear that Ohio's newly enacted concealed carry law did not require more evidence.
The court's decision came as it denied a request by a Franklin County woman to force the Franklin County Sheriff's Department to accept her application.
www.ohioccw.org /article2521.html   (786 words)

  
 JURIST - Paper Chase: Ohio Supreme Court asked for last-minute vote review as Electoral College meets
Chris Buell at 1:31 PM ET [JURIST] Activist groups Monday made a last-minute request for the Ohio Supreme Court to review the state's presidential election results as members of the Electoral College were scheduled to cast their votes in meetings in Ohio and across the country.
The challengers, including the Rev. Jesse Jackson and the Alliance for Democracy, claimed the results certified by Ohio Secretary of State Kenneth Blackwell last week were wrong, alleging a variety of election-day mistakes and fraud.
The same groups previously brought a challenge to the election results to the state supreme court.
jurist.law.pitt.edu /paperchase/2004/12/ohio-supreme-court-asked-for-last.php   (308 words)

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