10/11/2022

Case Caption Case No. Topics and Issues Author Citation
10/11/2022 Case Announcements  Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Reconsideration of prior decisions.  
State ex rel. Cincinnati Enquirer v. Forsthoefel 2021-0203Mandamus and prohibition—Rules of Superintendence for the Courts of Ohio—Common pleas court judge’s order sealing documents in a dissolution case was overbroad and was not supported by clear and convincing evidence—Writ of prohibition granted barring judge from enforcing sealing order and writ of mandamus granted ordering judge to vacate sealing order and to conduct a proper review of the documents pursuant to Sup.R. 44 and 45.Per CuriamSlip Opinion No. 2022-Ohio-3580
State v. Troisi 2021-1182Criminal law—Drug trafficking—R.C. 2925.03—R.C. Chapter 4729—Due Process Clauses of the Ohio and United States Constitutions—Due process requires that wholesale distributors of dangerous drugs charged with drug trafficking under R.C. 2925.03 for acting “not in accordance with R.C. Chapter 4729” be given notice in the indictment or by subsequent elucidation of the specific violation of R.C. Chapter 4729 that makes the wholesale distributor susceptible to indictment on charges of drug trafficking—Court of appeals’ judgment reversed and causes remanded to the trial court.Kennedy, J.Slip Opinion No. 2022-Ohio-3582
State ex rel. Huth v. Animal Welfare League of Trumbull Cty., Inc. 2021-1187Mandamus—Public Records Act—Public office’s response suggesting that requester specify individual persons, addresses, or dates gave her sufficient information to formulate a proper request and therefore satisfied office’s obligations under R.C. 149.43(B)(2)—R.C. 149.43(B)(2) does not require public offices to offer tutorials on how their software systems work—Writ denied.Per CuriamSlip Opinion No. 2022-Ohio-3583
10/11/2022 Case Announcements #2  Merit decisions with opinions—Miscellaneous dismissals—Mediation matters.  
10/11/2022 Case Announcements #3  Merit decisions with opinions.  
State ex rel. Conrath v. LaRose 2022-1141Elections—Mandamus—R.C. 3513.31(B)—If a person nominated in a primary election as a party candidate withdraws as that candidate, the vacancy in the party nomination may be filled by a district committee of the major political party that made the nomination—Democratic Party’s sole candidate in the 2022 primary election for state representative of a House district gave notice of his withdrawal after the primary election but before he was certified as the winner and party nominee for the general election—Withdrawing candidate’s anticipated withdrawal as the certified party candidate permitted the district committee’s nomination process to occur before certification of the primary-election result—Relator, the replacement nominee, had a clear legal right to have her name placed on the November 8, 2022 general-election ballot, and respondents, the Ohio secretary of state and boards of elections, had a clear legal duty to place her name on the ballot—Writ granted.Per CuriamSlip Opinion No. 2022-Ohio-3594
Estate of Fleenor v. Ottawa Cty. 2021-1004R.C. 301.22 and 305.12—An unchartered county is not sui juris and therefore must be sued in the name of its board of commissioners—Cause remanded to the trial court to determine whether to allow plaintiff to amend its complaint or to dismiss the action.Donnelly, J.Slip Opinion No. 2022-Ohio-3581
State ex rel. King v. Cuyahoga Cty. Bd. of Elections 2022-1128Mandamus—Writ sought to compel board of election to remove a recall election from the ballot—East Cleveland City Charter—Mandamus is proper when relator seeks to compel board of elections to perform an affirmative act—Laches—Board of elections has no authority under city’s charter to assess the validity of a recall election—Motion to intervene denied—Writ denied.Per CuriamSlip Opinion No. 2022-Ohio-3613
10/11/2022 Case Announcements #4  Merit decisions with opinions.