11/09/2023
Case Caption | Case No. | Topics and Issues | Author | Citation |
State v. Daniel | 2022-0603 | Criminal law—Constitutional law—Separation of powers—Arson-offender registration—Reduced registration period—Ohio’s arson-offender-registration scheme does not violate separation-of-powers doctrine—Certified-conflict question answered in the negative and court of appeals’ judgment affirmed. | DeWine, J. | Slip Opinion No. 2023-Ohio-4035 |
Cleveland Metro. Bar Assn. v. Carson | 2023-0426 | Unauthorized practice of law (“UPL”)—Under Gov.Bar R. VII(12)(G), in a default UPL proceeding, there must be sufficient “sworn” or certified documentary evidence submitted with default motion for trier of fact to find that each element of charged offense, in absence of contradictory evidence, has been proved by preponderance of evidence—For purposes of Gov.Bar R. VII(12)(G), “sworn” means that the evidence is based on personal knowledge of the facts being relayed, sets forth such facts as would be admissible into evidence, and shows that affiant is competent to testify to matters stated—Respondent engaged in UPL by holding himself out as an attorney on return of service for four subpoenas—Relator failed to present sworn or certified documentary prima facie evidence regarding relator’s other alleged conduct—Permanent injunction issued and civil penalty imposed in connection with first of two charged counts. | Per Curiam | Slip Opinion No. 2023-Ohio-4036 |
11/09/2023 Case Announcements | Merit decisions with opinions—Motion and procedural rulings—Miscellaneous dismissals. |