Justia Ohio Supreme Court Opinion Summaries

The Supreme Court granted in part and denied in part a writ of mandamus sought by Relators, four City of Cincinnati electors, to compel changes to ballot language for a proposed amendment to the Cincinnati City Charter, holding that Relators showed that they were entitled to the writ in part.At issue was an initiative petition proposing amendments to the Cincinnati City Charter. The Hamilton County Board of Elections certified ballot language to which Relators objected. Relators filed this original action against the Board and its members alleging that the certified ballot language misrepresented the proposed amendment and omitted material information. The Supreme Court granted the writ in part and denied it in all other respects, holding that Relators showed that the Board abused its discretion in preparing and certifying only certain ballot language for the proposed amendment. View "State ex rel. Rhoads v. Hamilton County Board of Elections" on Justia Law

The Supreme Court denied Appellant's petition seeking a writ of habeas corpus against the warden of the Lorain Correctional Institution, holding that Appellant failed to show that he was entitled to the writ.Appellant, an inmate, filed this petition seeking a writ of habeas corpus, arguing that the way his revocation hearing was conducted violated his due process rights. Specifically, Appellant argued that because of a delay in conducting a "proper" hearing in his case, he was prejudiced. The Supreme Court denied the writ, holding that Appellant failed to demonstrate that he was entitled to a writ of habeas corpus. View "State ex rel. Ellison v. Black" on Justia Law

The Supreme Court held that a tax imposed solely upon a small number of billboard operators is a discriminatory tax that violates the rights to freedom of speech and a free press protected by the First Amendment to the United States Constitution.The City of Cincinnati imposed a tax on outdoor advertising signs, but through definitions and exemptions within the city's municipal code, the tax burdens feel predominantly on two billboard operators only. The two billboard operators (Appellants) sought a declaration that the tax violated their constitutional rights to free speech and a free press and requesting an injunction against the tax's enforcement. The trial court permanently enjoined the City from enforcing the tax. The court of appeals reversed in part. The Supreme Court reversed and reinstated the injunction, holding that the billboard tax did not survive strict scrutiny and therefore impermissibly infringed on Appellants' rights to free speech and a free press. View "Lamar Advantage GP Co. v. City of Cincinnati" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's conviction of one count of drug trafficking, a first-degree felony with a forfeiture specification, and one count of drug possession and trafficking, holding the trial court did not have an affirmative duty to inquiry about a possible conflict of interest.At issue on appeal was whether a trial court has an affirmative duty to inquire into the possible conflict of interest created by an attorney's dual or multiple representation of codefendants in a criminal case. The Supreme Court answered the question in the negative, holding (1) when a trial court does not know, and should not reasonably have known, of a possible conflict of interest in an attorney's representation of two or more codefendants charged with a crime, the trial court has no affirmative duty to inquire whether a conflict of interest exists; and (2) there was nothing in the record here giving rise to an affirmative duty on the part of the trial court to inquire about a potential conflict of interest resulting from the dual representation of Defendant and his codefendant. View "State v. Williams" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's habeas corpus complaint against Kenneth Black, the warden of the Richland Correctional Institution, where Appellant was incarcerated, for failure to comply with Ohio Rev. Code 2969.25(A) and failure to state a cognizable claim for relief in habeas corpus, holding that there was no error.Defendant was convicted of abduction and domestic violence and sentenced to consecutive prison terms. The appellate court affirmed. This appeal concerned Defendant's complaint for a writ of habeas corpus in which Defendant alleged that his domestic violence conviction was void and that he was entitled to immediate release. The court of appeals dismissed the complaint. The Supreme Court affirmed, holding that Defendant's habeas complaint failed to state a valid claim for relief. View "DeVore v. Black" on Justia Law

The Supreme Court granted a limited writ sought by Mark Ferrara and ordered the Trumbull County Board of Elections to determine the number of valid signatures on the part-petition at issue and, if appropriate, to certify Ferrara's name to the ballot, holding that Ferrara was entitled to relief.To appear on the ballot for Brookfield Township trustee Ferrara was required to gather twenty-five qualifying signatures of nomination. Ferrara submitted a nominating petition that consisted of two part-petitions. The Board rejected the second part-petition "due to undercounting of signatures on the circulator's statement." The Supreme Court granted a limited writ ordering the Board to determine the number of valid signatures on Ferrara's second part-petition and, if appropriate, to certify his name to the ballot, holding that the record did not conclusively demonstrate that the Board had verified the signatures on Ferrara's second part-petition. View "State ex rel. Ferarra v. Trumbull County Board of Elections" on Justia Law

The Supreme Court affirmed the dismissal of Appellant's petition seeking a writ of prohibition or mandamus ordering Judge Becky L. Doherty to dismiss third-party claims filed against him, holding that Appellant had an adequate remedy in the ordinary course of the law.Appellant, as an attorney for Dodeka, LLC, filed an action against Cindy Keith to recover approximately $11,000 that Keith allegedly owed. Keith filed an answer and counterclaims against Dodeka and impleaded Appellant as a third-party defendant. The trial court entered summary judgment dismissing Dodeka's claim against Keith and Keith's counterclaims against Dodeka. The trial court then granted summary judgment on the third-party claims Keith had filed against Appellant. The court of appeals reversed the dismissal of the counterclaims against Dodeka and the third-party claims against Appellant and remanded. The judge granted summary judgment for Dodeka and denied Appellant's motions to dismiss and for summary judgment as to the third-party claims. Appellant appealed the denial of his motions. The Supreme Court affirmed, holding that Appellant had an adequate remedy in the ordinary course of law. View "State ex rel. Welt v. Doherty" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's mandamus petition against Judge Steven Beathard as moot on the ground that Judge Beathard had already performed the requested act, holding that the court of appeals properly dismissed this action as moot.While incarcerated, Appellant filed a mandamus action seeking an order directing Judge Beathard to provide him with a free copy of the transcript from his criminal trial. Appellant subsequently received a copy of the transcript. The court of appeals dismissed Appellant's petition in mandamus as moot based on his admitted receipt of the trial transcript. The Supreme Court affirmed, holding that the court of appeals did not err in dismissing this case as moot. View "State ex rel. Davidson v. Beathard" on Justia Law

The Supreme Court granted a writ of mandamus ordering the Delaware County Board of Elections to place Relator, Robert "Ben" Grumbles, on the November 2, 2021 election ballot as a candidate for a four-year term as an Orange Township trustee to commence on January 1, 2022, holding that Relator was entitled to the writ.The Board rejected Relator's nominating petition on the basis that he was currently serving a different four-year term commencing on January 1, 2020 as an Orange Township trustee and that Relator was ineligible to run for election to an office he already held. The Supreme Court granted the writ, holding that the board of elections abused its discretion and disregarded applicable law in rejecting Relator's candidacy because there is no statutory provision that bars Relator from being elected to a different seat on the same board of township trustees. View "State ex rel. Grumbles v. Delaware County Board of Elections" on Justia Law

The Supreme Court granted a writ of mandamus to compel Whitehall City Attorney Michael T. Bivens to certify the sufficiency of Petitioners' referendum petition for the rejection or approval of a zoning ordinance in the city of Whitehall, holding that Petitioners were entitled to the writ.Bivens rejected the petition not he ground that Petitioners failed to comply with Ohio Rev. Code 731.32's requirement to submit a certified copy of the zoning ordinance to the city auditor before circulating their petition. The Supreme Court granted Bivens' writ petition, holding that that Bivens abused his discretion in determining that Petitioners' referendum petition was insufficient because they had not complied with section 731.32. View "State ex rel. Pennington v. Bivens" on Justia Law