Justia Ohio Supreme Court Opinion Summaries

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

In this original action, the Supreme Court denied a writ of prohibition to prevent the Miami County Board of Elections from certifying Jessica Lopez's candidacy for municipal court judge to the November 2021 ballot, holding that Relator, Miami County Municipal Court Judge Gary Nasal, was not entitled to relief.Judge Nasal filed a protest with the Board challenging its decision to certify Lopez to the ballot as a candidate for municipal court judge in the November 2021 election. The Board denied the protest without explanation. Judge Nasal subsequently commenced this action for a writ of prohibition. The Supreme Court denied the writ, holding that the Board did not abuse its discretion or act in clear disregard of applicable law by denying the protest. View "State ex rel. Nasal v. Miami County Board of Elections" on Justia Law

The Supreme Court denied a writ of mandamus seeking to place a referendum on the November 2021 ballot asking voters to approve or disapprove an amendment to the Liberty Township Zoning Resolution, holding that the Delaware County Board of Elections did not abuse its discretion or disregard clearly applicable law in sustaining a protest to the referendum petition.The board of elections sustained the protest to the referendum petition because the petition did not include an adequate summary of the zoning amendment as required by Ohio Rev. Code 519.12(H). Relator, Scott Donaldson, sought this writ of mandamus ordering the board of elections to place the referendum on the ballot. The Supreme Court denied the writ, holding that Relator failed to demonstrate by clear and convincing evidence that the board of elections abused its discretion or disregarded clearly applicable law in sustaining the protest to the referendum petition. View "State ex rel. Donaldson v. Delaware County Board of Elections" on Justia Law

The Supreme Court denied a writ of mandamus and, alternatively, a writ of procedendo ordering Respondents to conduct an evidentiary hearing on his appeal of the mayor's appointment of another detective sergeant to the position of lieutenant with the City of Youngstown Police Department, holding that Relator was not entitled to the writs.Relator, a detective sergeant with the Youngstown Police Department, brought this action against Respondents, the Youngstown Civil Service Commission and its president, Vice President, and secretary, challenging the decision of the City's mayor to appoint to the position of lieutenant the examinee who ranked first on the eligibility list. The Supreme Court denied the writs, holding (1) Relator's request for a writ of mandamus ordering the Commission to issue a decision determining his appeal was moot; (2) this Court declines to address Relator's constitutional argument; and (3) Relator's procedendo claim failed. View "State ex rel. Cox v. Youngstown Civil Service Commission" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the common pleas court adopting the Kings Local School District Board of Education's appraisal as the basis for determining the value of property owned by Appellant that was leased for use as a Lowe's Home Centers store, holding that there was no error.On appeal, Appellant argued that the appraisal introduced by the school board was not competent evidence of the property's value because it did not value the "fee simple, as if unencumbered," as required by Ohio Rev. Code 5713.03. Specifically, Appellant asserted that a property must be appraised under the theory that a hypothetical sale of the property on the tax-lien date would involve the current tenant vacating the property at transfer. The Supreme Court affirmed, holding (1) the market-lease rule reflects the meaning of the phrase "fee simple estate, as if unencumbered"; and (2) the case law requiring adjustments of leased-fee comparable did not support Appellant's vacant-at-transfer rule. View "Rancho Cincinnati Rivers, LLC v. Warren County Board of Revision" on Justia Law