10/16/2019


Case Caption

Case No.Topics and IssuesAuthorCitation
10/16/2019 Case Announcements  Merit decisions with opinions—Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review.  
State ex rel. Ellis v. Cleveland Police Forensic Laboratory (Slip Opinion) 2019-0398Mandamus—Public records—R.C. 149.43(B)(8)—The custodian of a public record has no clear legal duty to produce a record requested by an incarcerated person who failed to request a finding that the record is necessary to support what appears to be a justiciable claim of the incarcerated person—Denial of writ affirmed but cause remanded for resolution of a motion for statutory damages.Per CuriamSlip Opinion No. 2019-Ohio-4201
Cincinnati Bar Assn. v. Jackson (Slip Opinion) 2019-0501Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including failing to keep client-trust-account records and failing to deliver to a third person funds the third person is entitled to receive—Conditionally stayed six-month suspension.Per CuriamSlip Opinion No. 2019-Ohio-4203
State v. Braden (Slip Opinion) 2017-1579 & 2017-1609Criminal law—Sentencing—R.C. 2947.23(C) authorizes trial courts to waive, suspend or modify the payment of court costs imposed both before and after its effective date, March 22, 2013—R.C. 2947.23(C) provides exception to res judicata when a defendant did not request waiver at sentencing or challenge court costs on direct appeal—R.C. 2947.23(C) does not require retroactive application for it to apply to offenders whose convictions were final before its enactment—Motion for reconsideration granted, court of appeals’ judgment reversed, and cause remanded.French, J.Slip Opinion No. 2019-Ohio-4204
State v. Hawkins (Slip Opinion) 2018-1177When an officer encounters a vehicle the whole of which is painted a different color from the color listed in the vehicle-registration records and the officer believes, based on his experience, that the vehicle or its displayed license plates may be stolen, the officer has a reasonable, articulable suspicion of criminal activity and is authorized to perform an investigative traffic stop.Kennedy, J.Slip Opinion No. 2019-Ohio-4210
10/16/2019 Case Announcements #2  Miscellaneous dismissals.