12/22/2020


Case Caption

Case No.Topics and IssuesAuthorCitation
State v. Turner (Slip Opinion) 2019-1674Traffic law—Marked-lanes violation—Statutory scheme merely discourages or prohibits a vehicle from crossing the fog line, not touching it—Judgment reversed.Kennedy, J.Slip Opinion No. 2020-Ohio-6773
In re Adoption of Y.E.F. (Slip Opinion) 2019-0420 and 2019-0421Constitutional law—Because indigent parents facing the termination of their parental rights in adoption proceedings in probate courts are similarly situated to indigent parents facing termination of their parental rights in permanent-custody proceedings in juvenile courts, indigent parents in adoption proceedings must be afforded the same right to appointed counsel that is statutorily provided to indigent parents in permanent-custody proceedings—Court of appeals’ judgment reversed and cause remanded to probate court.Donnelly, J.Slip Opinion No. 2020-Ohio-6785
State v. Taylor (Slip Opinion) 2018-1243 and 2018-1315Criminal law—Court-appointed-counsel fees—R.C. 2941.51(D)—Trial courts are permitted to assess court-appointed-counsel fees against a defendant—Trial courts are not required to make specific findings on the record to justify the fee assessment—Court-appointed-counsel fees may be assessed at the sentencing hearing but cannot be included as a part of the defendant’s sentence—Court of appeals’ judgment reversed and trial-court order vacated in part.Fischer, J.Slip Opinion No. 2020-Ohio-6786
Columbia Gas Transm., L.L.C. v. Ohio Valley Coal Co. (Slip Opinion) 2019-0838Administrative agency exceeded scope of its authority by adopting rule that requires mining operators to pay for damage to surface structures without regard to operator’s having obtained surface-damage-liability waivers through coal-severance deeds—Former Ohio Adm.Code 1501:13 12 03(F) is invalid to the extent it exceeds federal law.DeWine, J.Slip Opinion No. 2020-Ohio-6787
Cincinnati v. Fourth Natl. Realty, L.L.C. (Slip Opinion) 2019-0898Declaratory-judgment action—R.C. 2721.12—Failure to serve the attorney general at the inception of the action does not divest the trial court of its subject-matter jurisdiction—Court of appeals’ judgment affirmed and cause remanded to the trial court.French, J.Slip Opinion No. 2020-Ohio-6802
State v. Patrick (Slip Opinion) 2019-0655Criminal law—R.C. 2953.08(D)(3) does not preclude an appellate court from reviewing a sentence imposed by a trial court for aggravated murder when a defendant raises a constitutional claim regarding that sentence on appeal—A trial court must separately consider the youth of a juvenile offender as a mitigating factor before imposing a life sentence under R.C. 2929.03—Court of appeals’ judgment reversed and cause remanded.O'Connor, C.J.Slip Opinion No. 2020-Ohio-6803
Total Quality Logistics, L.L.C. v. JK & R Express, L.L.C. (Slip Opinion) 2019-0267Contracts—Indemnification—The requirements set out in Globe Indemn. Co. v. Schmitt do not apply when the parties express a clear intent to abrogate those common-law requirements in their contract—The court of appeals applied the Globe Indemn. Co. requirements without considering whether the parties intended to abrogate those requirements—Judgment reversed and cause remanded to the trial court.French, J.Slip Opinion No. 2020-Ohio-6816
Wildcat Drilling, L.L.C. v. Discovery Oil & Gas, L.L.C. (Slip Opinion) 2019-0222Contracts—Indemnification—Parties have a fundamental right to contract, which includes the right to abrogate the common law—The requirements set out in Globe Indemn. Co. v. Schmitt do not apply when the parties express a clear intent to abrogate those common-law requirements—Court of appeals applied the Globe Indemn. Co. requirements without considering whether the parties abrogated those requirements in their contract—Judgment reversed and cause remanded to the trial court.French, J.Slip Opinion No. 2020-Ohio-6821
State v. Kinney (Slip Opinion) 2019-1103Judgment reversed on the authority of State v. Patarick and cause remanded for further proceedings. Slip Opinion No. 2020-Ohio-6822
Warren Cty. Bar Assn. v. Moorman 2020-0461On certification of default.  
In re Resignation of Palombaro 2020-1472Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. VI(11)(C).  
12/22/2020 Case Announcements  Merit decisions with opinions—Motion and procedural rulings—Disciplinary cases—Miscellaneous dismissals—Mediation matters.