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The Supreme Court affirmed the judgment of the court of appeals dismissing the petition of Appellant for a writ of mandamus against the Ohio Adult Parole Authority (APA). In his petition, Appellant argued that he had received multiple punishments for the same parole violation in violation of the Double Jeopardy Clause. The court of appeals dismissed the action, ruling that Appellant ha not received multiple punishments and that Appellant had failed to demonstrate any constitutional injury. The Supreme Court denied Appellant’s motion for leave to supplement his reply brief and affirmed the judgment of the court of appeals, holding (1) double jeopardy protections were not violated by the sanctions imposed for Appellant’s parole violation; and (2) the APA did not violate Appellant’s due process rights by holding a parole hearing after his parole officer had imposed sanctions against him. View "Clark v. Adult Parole Authority" on Justia Law

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The Supreme Court affirmed the Board of Tax Appeals’ (BTA) decision on remand adopting the appraisal valuation of the property owner’s appraiser for the second time. The property at issue was a vacant 22.27-acre parcel that the Delaware County auditor valued at $654,100 for tax year 2011. The property owner challenged the valuation and presented an appraisal determining a value of $580,000 for the property. The Delaware County Board of Revision (BOR) ordered a reduction to $580,000 after adopting the appraisal. The BTA affirmed the adoption of the appraisal. The Supreme Court issued a remand order based on the parties’ stipulation that the BTA should address certain issues. On remand, the BTA addressed those issues and again relied on the appraisal of the property owner’s appraiser. The Supreme Court affirmed, holding that the BTA acted reasonably and lawfully when it relied on the appraisal. View "Olentangy Local Schools Bd. of Education v. Delaware County Board of Revision" on Justia Law

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The Supreme Court vacated the decision of the Board of Tax Appeals (BTA) affirming the Franklin County Board of Revision’s (BOR) reduced valuation of a residential property in the amount of $65,000 for tax year 2011. The Franklin County auditor assigned a true value of $113,000 for tax year 2011. The owner filed a complaint seeking a reduction. The BOR reduced the property’s value to $65,000. The BTA upheld the BOR’s determination of value as sufficiently supported by the record. The Supreme Court remanded the matter to the BTA, holding that the BTA failed to evaluate independently the evidence to determine the value of the subject property. View "South-Western City School District Board of Education v. Franklin County Board of Revision" on Justia Law

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The Supreme Court affirmed the court of appeals’ denial of a writ of mandamus to compel Judge Shannon Gallagher to declare Appellant’s sexual-predator classification void. In his first proposition of law, Appellant argued that Judge Gallagher was under a clear legal duty to declare his classification void. In his second proposition of law, Appellant argued that various errors and constitutional violations occurred at his sex-offender-classification hearing. The Supreme Court held (1) regarding Appellant’s first proposition of law, Appellant had an adequate remedy in the ordinary course of law by way of appeal; and (2) regarding Appellant’s second proposition of law, Appellant’s claims were not raised in the complaint and were therefore waived. View "State ex rel. Sevayega v. Gallagher" on Justia Law

Posted in: Criminal Law

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The Supreme Court denied the writ of mandamus sought by Kurt Singer to, among other things, compel Fairland Local School District Board of Education (Fairland) to recognize him as a “regular nonteaching school employee” under Ohio Rev. Code 3319.081 with continuing-contract status. Singer worked for Fairland as a substitute custodian without signing a written employment contract with Fairland. Singer alleged that Fairland wrongly designated him as a “substitute,” and consequently, he had been paid less than a full-time custodian, lost health benefits and some pension benefits, and had been deprived of certain paid leave. Singer requested a writ of mandamus directing Fairland to recognize him as a regular nonteaching employe with a continuing contract and ordering Fairland to make him whole by awarding him back wages and benefits and crediting him with paid leave and other accrued rights. The Supreme Court denied the writ, holding that Singer was not entitled to continuing status because he failed to establish that he was a “regular nonteaching employee” under section 3319.081. View "State ex rel. Singer v. Fairland Local School District Board of Education" on Justia Law

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The railroad that held land within a territory proposed for annexation had a railroad right-of-way held in fee, and therefore, the railroad fell within the exception to the definition of “owner” set forth in Ohio Rev. Code 709.02(E). Consequently, the railroad was not a required signatory to the annexation petition at issue in this case. The court of appeals dismissed a complaint for a writ of mandamus filed by National Lime and Stone Company seeking to compel the Marion County Board of Commissioners to approve a petition for annexation. The court of appeals concluded that Norfolk Southern Railway was an “owner” of real property in the territory proposed for annexation and, therefore, needed to consent to the annexation. The Supreme Court reversed and issued a writ of mandamus compelling the Board of Commissioners to approve the petition for annexation, holding that Norfolk’s signature was not required on National Lime’s petition for annexation and that National Lime had satisfied each of the statutory conditions for annexation. View "State ex rel. National Lime & Stone Co. v. Marion County Board of Commissioners" on Justia Law

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The Supreme Court vacated the judgment of the Board of Tax Appeals (BTA) in this case disputing the valuation of real property retained by an owner after it sold a portion of its property during the tax year at issue and remanded the cause for the BTA to properly determine the value of the subject property. In 2009, the owner of the original parcel conveyed a single condominium unit for the Delaware County Board of County Commissioners for $2 million. For tax year 2009, the Delaware County auditor valued the conveyed parcel at $622,100 and the retained parcel at $1,677,900, for a total value of $2,300,000. The owner argued that the conveyed parcel’s 2009 value must be $2 million, leaving $300,000 as the value of its retained parcel. The Delaware County Board of Revision (BOR) agreed. The BTA reversed and reinstated the auditor’s valuation. The Supreme Court vacated the BTA’s decision, holding (1) the BTA’s finding that the sale was not recent to the tax-lien date was reasonable and lawful; but (2) the BTA improperly reinstated the auditor’s valuation because that valuation incorrectly apportioned 2.815 acres of condominium property to the retained parcel. View "Olentangy Local Schools Board of Education v. Delaware County Board of Revision" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals dismissing the petition of Appellant for a writ of habeas corpus. Appellant was charged with drug trafficking and drug possession while on parole for an earlier offense. The Ohio Adult Parole Authority (APA) found that Appellant violated the terms of his parole by having illegal drugs under his control and ordered him to serve the remainder of his original maximum sentence. The State subsequently dismissed the drug charges for insufficient evidence. In his habeas petition, Petitioner argued that the APA violated his due process rights by finding a parole violation based on insufficient evidence. The court of appeals dismissed the petition on several grounds. The Supreme Court affirmed, holding that the court of appeals did not err in determining that Appellant’s petition (1) did not comply with the mandatory filing requirements of Ohio Rev. Code 2969.25(C) and 2725.04(D); (2) was not properly captioned in accord with Ohio R. Civ. P. 10(A); and (3) failed to state a claim for relief in habeas corpus. View "Greene v. Turner" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals that affirmed Defendant’s felonious assault conviction for knowingly engaging in sexual conduct with his girlfriend without disclosing to her that he had tested positive as a carrier of the human immunodeficiency virus (HIV), in violation of Ohio Rev. Code 2903.11(B)(1). On appeal, Defendant argued that section 2903.11(B)(1) (1) is a content-based regulation that compels speech in violation of the First Amendment, and (2) violates the Equal Protection Clause of the state and federal Constitutions because there is no rational basis for a distinction between HIV positive individuals and individuals with other infectious diseases such as Hepatitis C or between the methods of transmitting HIV. The Supreme Court disagreed, holding (1) the statute regulates conduct, not speech, and therefore does not violate the First Amendment; and (2) the statute does not violate constitutional equal protection guarantees because it is rationally related to the state’s legitimate interest in preventing the transmission of HIV to sexual partners who may not be aware of the risk. View "State v. Batista" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of prohibition against Appellee, Court of Claims Judge Patrick McGrath. Appellant, an inmate, filed a negligence action against the Ohio Department of Rehabilitation and Correction. Judge McGrath dismissed the action. The appellate court reversed and remanded the cause for further proceedings. On remand, Judge McGrath denied Appellant’s motion for summary judgment. In his petition for a writ of prohibition Appellant argued that Judge McGrath lacked jurisdiction to deny his summary judgment motion. The Supreme Court affirmed the court of appeals’ dismissal of the prohibition petition, holding that Appellant failed to comply with Ohio Rev. Coe 2969.25(C)(1) and that Appellant’s noncompliance was not excused. View "State ex rel. Evans v. McGrath" on Justia Law

Posted in: Criminal Law