Thursday, Feb. 4, 2010

2008-1771. Disciplinary Counsel v. Kellogg-Martin, Slip Opinion No. 2010-Ohio-282.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-069. The complaint against Kimberly J. Kellogg-Martin, Attorney Registration No. 0022083, is dismissed.
Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Moyer, C.J., dissents and would impose a 12-month suspension with six months stayed.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-282.pdf
Summary: Supreme Court Rules Prosecutor’s Conduct Did Not Violate Disciplinary Rules

2008-2119 and 2008-2172. State v. Jordan, Slip Opinion No. 2010-Ohio-281.
Marion App. No. 9-08-11, 2008-Ohio-4647. Certified question answered in the affirmative, and judgment of the court of appeals affirmed.
Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, and Cupp, JJ., concur.
Pfeifer and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-281.pdf
Summary: Conviction for Escape Does Not Require State to Show Postrelease Control Was Orally Announced at Sentencing

2008-2490. State v. Troisi, Slip Opinion No. 2010-Ohio-275.
Lake App. No. 2008-L-060, 179 Ohio App.3d 326, 2008-Ohio-6062. Judgment of the court of appeals affirmed.
Moyer, C.J., and Pfeifer, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Lundberg Stratton and O'Connor, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-275.pdf
Summary: Expert’s Testimony Without Viewing U.S. Trademark Register Insufficient to Support Counterfeiting Conviction

2009-1100. Disciplinary Counsel v. Bennett, Slip Opinion No. 2009-Ohio-313.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-037. Clyde Bennett II, Attorney Registration No. 0059910, is indefinitely suspended from the practice of law in Ohio, with credit for time served under the interim suspension imposed on February 15, 2008.
Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Pfeifer, J., dissents and would impose the one-year suspension recommended by the board.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-313.pdf
Summary: Mason Attorney Suspended