Justia Ohio Supreme Court Opinion Summaries

Consumer, an Ohio resident, defaulted on credit-card debt. Consumer was sued by the entities that purchased her debt in an effort to collect on the debt. Consumer counterclaimed, alleging violations of the federal Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practices Act (OCSPA). The trial court entered judgment against Consumer. The Appellate Court reversed and remanded. The Supreme Court affirmed, holding (1) the underlying cause of action for default on the credit card in this case accrued in Delaware, the home state of the bank that issued the credit card and where Consumer’s payments were made; (2) Delaware’s statute of limitations determines whether the collection action was timely filed; (3) the filing of a time-barred collection action may form the basis of a violation under the FDCPA and the OSCPA; (4) a consumer can bring actionable claims under the FDCPA and the OSCPA based upon debt collectors’ representations made to courts in legal filings; and (5) debt buyers collecting on credit-card debt and their attorneys are subject to the OSCPA. View "Taylor v. First Resolution Inv. Corp." on Justia Law

Appellant, an inmate, filed a petition for a writ of mandamus alleging constitutional violations with regard to his conviction and requesting the appointment of a special prosecutor to investigate the propriety of the criminal proceedings brought against him. Appellant filed an affidavit of indigence requesting a waiver of fees and costs but failed to comply with the requirements of Ohio Rev. Code 2969.25(C)(1). The court of appeals’ magistrate recommended that the court dismiss the case for Appellant’s failure to satisfy the statutory requirements. The court of appeals accepted and adopted the magistrate’s decision and recommendation and dismissed the case. The Supreme Court affirmed, holding that the court of appeals correctly dismissed the case on the basis recommended by the magistrate. View "State ex rel. Davenport v. State" on Justia Law

Appellant, an inmate, filed a petition for a writ of habeas corpus claiming that the trial court lacked jurisdiction to convict and sentence him because of several alleged errors. The court of appeals dismissed the petition, concluding that Appellant had adequate remedies at law. Appellant appealed and filed a motion for an evidentiary hearing. The Supreme Court (1) affirmed the court of appeals’ judgment, holding that the claims or which Appellant sought relief were not cognizable in habeas corpus and Appellant had, and has used, adequate remedies at law to assert those claims; and (2) denied Appellant’s motion for an evidentiary hearing as moot. View "State ex rel. Gibson v. Sloan" on Justia Law

Appellant pleaded guilty to involuntary manslaughter and aggravated robbery and was sentenced to nineteen years in prison. Appellant later filed a petition for writ of habeas corpus, alleging several claims of error. The court of appeals dismissed the petition on the ground that Appellant had an adequate remedy in the form of an appeal and a postconviction motion for relief. Appellant appealed. The Supreme Court affirmed, holding that the claims for which Appellant sought relief were not cognizable in habeas corpus and that Appellant possessed an alternative remedy at law to assert those claims. View "State ex rel. Rackley v. Sloan" on Justia Law

Appellant pleaded guilty to one count of gross sexual imposition and was sentenced to eighteen months in prison. After serving his prison sentence, Appellant was released but was still subject to the reporting requirements that were imposed because he was adjudicated a sexual predator. Appellant subsequently filed a petition for a writ of habeas corpus in the court of appeals seeking an order striking his reclassification as a sexual predator applied under Megan’s Law and the AWA Act. The court of appeals dismissed the petition. The Supreme Court affirmed, holding that because Appellant was not in prison or otherwise restrained of his liberty, he was not eligible for habeas corpus relief. View "Cook v. State" on Justia Law

Appellant, an inmate, filed a petition for a writ of mandamus requesting that the court of appeals order the trial court in his underlying criminal case to rule on motions that were allegedly pending. The court’s magistrate recommended that the court dismiss the case for Appellant’s failure to satisfy the requirements of Ohio Rev. Code 2969.25. The court of appeals accepted and adopted the magistrate’s decision and recommendation and dismissed the case. The Supreme Court affirmed, holding that the court of appeals was correct to dismiss the case on the basis recommended by the magistrate. View "State ex rel. Davenport v. State" on Justia Law

Appellant filed two complaints for writs of prohibition and a complaint for a writ of procedendo. Appellant sought the writs to restrain a judge and juvenile court from proceeding in litigation regarding contempt charges in an action pending in the juvenile court, to compel two judges and the juvenile court to rule on various motions in the juvenile proceeding, and to prohibit a judge from exercising jurisdiction in a vexatious-litigator action. The court of appeals dismissed the complaints on the basis that Henderson continued to litigate the cases after he had been declared a vexatious litigator. The Supreme Court affirmed the judgments in all three cases because Appellant had been declared a vexatious litigator and failed to fulfill the statutory requirements before continuing litigation in his original actions. View "State ex rel. Henderson v. Sweeney" on Justia Law

James and Tina Renacci filed a joint Ohio tax return for tax year 2000 without reporting and paying Ohio individual income tax on amounts earned by a trust (Trust) that owned shares of three Subchapter S corporations. In 2003, the tax commissioner assessed the Renaccis in relation to the unreported S-corporation income. The Renaccis paid all amounts demanded by the state and then filed a refund claim for the double-interest penalty amount. The tax commissioner denied the refund claim. The Board of Tax Appeals affirmed the denial of penalty remission. The Supreme Court reversed, holding that the tax commissioner, under the circumstances of this case, abused his discretion in denying the refund request. Remanded with instructions that the penalty be refunded. View "Renacci v. Testa" on Justia Law

Epic Aviation, LLC, a vendor of jet fuel, sold jet fuel to AirNet Systems, Inc., collected sales tax on it, and remitted the tax to the state. Epic, on behalf of AirNet, sought a refund of sales tax paid by AirNet on its purchases of jet fuel from Epic from January 1, 2006 through April 30, 2009. The tax commissioner denied the claim for refund. The Board of Tax Appeals (BTA) affirmed. Epic appealed, arguing that AirNet’s jet fuel purchases were exempt from sales tax because AirNet purchased the fuel intending to use the fuel “directly in the rendition of a public utility service” under Ohio Rev. Code 5739.02(B)(42)(a). The tax commissioner denied the exemption, finding that the business of AirNet, which does not hold a certificate of public convenience and necessity from the federal government, was not sufficiently regulated to qualify as a “public utility service.” The Supreme Court vacated the BTA’s decision and remanded, holding that Epic should have an opportunity to present evidence to establish the portion of the jet fuel purchased by AirNet that is exempt from taxation under the common-carrier standard as clarified in this opinion. View "Epic Aviation, LLC v. Testa" on Justia Law

For tax years 2002 through 2007, Appellants filed no Ohio tax returns, contending that income was earned outside Ohio. The tax commissioner assessed Ohio individual income tax against Appellants for the tax years at issue but initially failed to give notice of his reliance on the unrebutted presumption that Appellants were, in fact, Ohio residents and domiciliaries. Appellants challenged the commissioner’s assessment. The Board of Tax Appeals affirmed, concluding that Appellants failed to provide sufficient evidence to demonstrate an error in the commission’s final determination. The Supreme Court affirmed, holding (1) all income of Ohio residents is taxable, regardless of where the income is earned or received; and (2) Appellants failed to prove that they do not have to pay the amounts assessed, despite the tax commissioner’s failure to give notice of his reliance on the presumption of Ohio residency. View "Krehnbrink v. Testa" on Justia Law