Justia Ohio Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of habeas corpus against Warden Jay Forshey, holding that the court of appeals did not err granting Forshey's motion to dismiss.Appellant, an inmate, filed a petition for a writ of habeas corpus seeking his immediate release from prison, arguing that his maximum sentence had expired. The court of appeals granted Forshey's motion to dismiss on the grounds that Appellant did not comply with Ohio Rev. Code 2725.04(D). The Supreme Court affirmed, holding that the court of appeals was correct in finding that Appellant did not comply with the requirements of section 2725.04(D) and that this defect alone was a valid basis to dismiss Appellant's petition. View "State ex rel. Missimer v. Forshey" on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing this action in mandamus brought by Appellant, an inmate at the London Correctional Institution, against Ohio Attorney General Dave Yost asking Yost to provide him with names of Ohio Department of Rehabilitation and Correction (ODRC) employees who worked on a case Appellant had previously filed against the ODRC, holding that there was no error.In 2016, Appellant filed a pro se lawsuit alleging excessive force during an altercation with ODRC staff. After the parties settled, Appellant unsuccessfully requested from the attorney general's (AG) office the name of the ODRC employee who communicated with the attorney general's office during settlement negotiations. Appellant then filed the current action requesting an order requiring the AG to provide the ODRC employees' who made decisions regarding his settlement. The attorney general dismissed the action for failure to state a claim. The Supreme Court affirmed, holding that Appellant failed to show that he had a clear legal right to the requested information or that the AG had a clear legal duty to provide that information. View "State ex rel. Russell v. Yost" on Justia Law

The Supreme Court affirmed judgment of the court of appeals denying Mother's complaint for a writ of prohibition, holding that Mother was not entitled to relief on her argument that the juvenile division lacked jurisdiction to award custody of Child to Grandfather.A Nevada court issued a shared parenting order establishing Mother's and Father's rights regarding custody of and visitation of Child. The Nevada court subsequently adopted a modified shared-parenting order. Grandfather later filed a complaint seeking legal custody of Child. The juvenile court and gave Grandfather legal custody of Child. Mother filed a complaint for prohibition, alleging that the juvenile court patently and unambiguously lacked jurisdiction to modify the Nevada court's custody order. The court of appeals denied the writ. The Supreme Court holding that Mother failed in her burden of showing that she was entitled to a writ of prohibition by clear and convincing evidence. View "State ex rel. Harris v. Bruns" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the judgment of the trial court determining that Plaintiff could not recover under a commercial general-liability (CGL) insurance policy issued by United Specialty Insurance Company, holding that when a CGL insurance policy excludes coverage for injuries arising out of an "assault or battery," the subjective intent of the person who committed the assault or battery is irrelevant.Brown County Care Center, an adult care facility, contracted with United for CGL insurance. The policy excluded coverage for bodily injury arising from "any actual, threatened or alleged assault or battery." Plaintiff was living at the Center when he was attacked by another resident, who was later found by the trial court to be not guilty of felonious assault by reason of insanity. Plaintiff sued, and he and the Center entered into a settlement. Plaintiff later brought a declaratory judgment action against United to collect on the judgment. The trial court determined that Plaintiff could not recover under the policy. The court of appeals reversed. The Supreme Court reversed, holding (1) the attack on Plaintiff qualified as a civil-law assault; and (2) because the policy excluded coverage for bodily injuries arising for civil assaults the trial court did not err in its judgment. View "Krewina v. United Specialty Insurance Co." on Justia Law

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus for noncompliance with Ohio Rev. Code 2969.25(A) and remanded this case, holding that the record contained the required affidavit.Appellant, an inmate imprisoned for rape and other offenses, filed a petition for a writ of mandamus seeking an order compelling him to vacate the judgment of conviction because it was unsigned. The court of appeals dismissed the action based on Appellant's purported failure to file an affidavit of prior actions, as required by section 2969.25(A). The Supreme Court reversed, holding that the affidavit Appellant filed with his petition supported his argument that he complied with section 2969.25(A). View "State ex rel. Woods v. Jenkins" on Justia Law

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus against Hamilton County Common Pleas Court Judge Tom Heekin for failure to file an affidavit of prior civil actions as required by Ohio Rev. Code 2969.25(A), holding that Appellant filed the required affidavit.Appellant, an inmate, filed a petition for a writ of mandamus seeking an order compelling Judge Heekin to vacate a judgment entry dismissing a malpractice case Appellant had filed against his criminal defense attorney. The court of appeals sua sponte dismissed the petition based on Appellant's purported failure to comply with section 2969.25(A). The Supreme Court reversed, holding that the affidavit Appellant filed with his petition supported his claim that he complied with section 2969.25(A). View "State ex rel. Woods v. Heekin" on Justia Law

The Supreme Court vacated the judgment of the court of appeals determining that the Mill Creek Metropolitan Park District Board of Commissioners failed to comply with Ohio Rev. Code 1545.11 when it initiated appropriation proceedings to take private property owed by Landowner, holding that the trial court's orders denying Landowner's motions for summary judgment were not final, appealable orders.The Park District initiated appropriation proceedings against Landowner. Landowner answered by denying the necessity of the appropriation and the Park District's authority to appropriate the property. The trial court denied Landowner's motions for summary judgment. The court of appeals reversed and remanded with instructions to enter summary judgment for Landowner. The Supreme Court vacated the court of appeals' judgment, holding that the court erred in determining that the trial court's orders denying Landowner's motions for summary judgment were final, appealable orders. View "Mill Creek Metropolitan Park District Bd. of Commissioners v. Less" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting Appellant's petition for a writ of mandamus but denying his requests for statutory damages and court costs, holding that there was no error.Appellant, an inmate, sent a public-records request to Appellee, an employee of a private company that contracts with the state of Ohio to house state prisoners. Dissatisfied with the ultimate response, Appellant filed the current action asking for a writ of mandamus ordering Appellee to produce the records requested. The court of appeals granted the writ to a limited extent and denied Appellant's request for statutory damages and court costs. The Supreme Court affirmed, holding that the court of appeals did not err in denying Appellant's request for statutory damages and court costs. View "State ex rel. Atakpu v. Shuler" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for writs of prohibition and mandamus against the Ohio Parole Board and the Franklin County Child Support Enforcement Agency (collectively, the State) and denied Appellant's motions to strike the State's merit brief in whole or in part, holding that there was no error.Appellant was found guilty, after a jury trial, of the rape of two women, one of whom he impregnanted, kidnapping, and attempted rape. Appellant subsequently appeared before the parole board eight times and was denied parole each time. Appellant later filed an original action of writs of prohibition and mandamus arguing that the parole board improperly denied parole. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed and denied Appellant's motions to strike, holding that Appellant failed to establish that he was entitled to relief. View "State ex rel. Dodson v. Ohio Dep't of Rehabilitation & Correction" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus against Youngstown Mayo Jamael Tito Brown, Youngstown Fire Chief Barry Finley, and Youngstown Finance Director Kyle Miasek (collectively, the officials), holding that Appellant had a remedy in the ordinary course of the law.Appellant, a captain in Youngstown's fire department, and his union filed a grievance against the city alleging that he city had violated the parties' collective bargaining agreement (CBA) by not timely promoting him to battalion chief. The grievance was denied, and the union did not seek further relief. Appellant brought this complaint. The court of appeals dismissed the complaint on the grounds that Appellant had an adequate remedy at law. The Supreme Court affirmed, holding that the court of appeals correctly concluded that Appellant had an adequate remedy in the ordinary course of the law. View "State ex rel. Casey v. Brown" on Justia Law