ohio supreme court

Changes to Ohio Board of Tax Appeals Procedure Go Into Effect Friday

Beginning September 29, Ohio has made a change in the process for appealing Board of Tax Appeals (BTA) decisions. Currently, taxpayers can file an appeal directly to the Ohio Supreme Court. Now as a result of changes in House Bill 49, (The Ohio Budget Bill,) appeals must be made to the appellate court in the …

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Ohio Red-Light Camera Saga Continues With Latest Supreme Court Ruling

Red-Light camera opponents were dealt a blow today with Ohio Supreme Court’s ruling in Dayton v. State 2017-OHIO-6909. The ruling struck down three key provisions of  a 2015 law limiting the use of the cameras. Writing for the majority, Judge Patrick F. Fischer held that ORC sections 4511.093(B)(1), 4511.0912, and  4511.095 were unconstitutional. These sections mandated …

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Ohio Supreme Court Reverses Itself-Allows Transfer of Juveniles to Adult Court

Yesterday, the Ohio Supreme Court ruled that transferring older juveniles to adult court when they commit serious offenses does not violate their constitutional rights. If you’re confused, it’s natural. This was a reversal of the Court’s December 2016 decision. The case involved 16 year old Matthew Aalim. In 2013, Aalim was arrested for armed robbery …

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Book Bag Search Did Not Violate Student’s Rights, Ohio Supreme Court Rules

The Ohio Supreme ruled today that the warrantless 2013 search of a student’s backpack was constitutional. The case stemmed from an incident at Whetstone High School in Columbus. On February 5, 2013, a bus driver found a book bag that had been left on the school bus. Per policy, he gave it to the school …

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Ohio Supreme Court reverses course on cocaine offenses

In a notable decision yesterday, the Ohio Supreme Court reversed its own December 2016 decision about penalties for drug offenses involving cocaine. The Court found that the “offense level for cocaine possession… is determined by the total weight of the drug involved, including any fillers that are part of the usable drug.” The Court had …

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UPDATE, again: Ohio Supreme Court to amend professional conduct rules re: medical marijuana

UPDATE, again: The Ohio Supreme Court has adopted the proposed language, below, as an amendment to the Ohio Rules of Professional Conduct. This modifies Rule 1.2(d)(2). It became effective Sept. 20. **************************************************************************** UPDATE: The Ohio Supreme Court has proposed language amending Rule 1.2(d) of the Rules of Professional Conduct to address a lawyer’s ethical duties …

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Medical marijuana ethics advisory opinion for attorneys likely in the coming months

At the request of two Ohio attorneys, the Ohio Board of Professional Conduct will likely provide ethical guidance for attorneys about how the legalization of medical marijuana will impact the profession in the coming months. According to Court News Ohio, the Board is currently reviewing requests for an advisory opinion that addresses issues related to: (1) the …

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Felony and misdemeanor sentences must be concurrent unless law specifies otherwise, rules Ohio Supreme Court

The Ohio Supreme Court issued a ruling last week that settled a split among district courts in the state. The court ruled that unless Ohio law lists a specific exception, felony and misdemeanor sentences must run concurrently (at the same time), not consecutively. The case before the court originated in the 6th District, where Walter …

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Congratulations to Ohio’s new lawyers!

Congratulations to Ohio’s newest lawyers, who were sworn in yesterday in two ceremonies before the Ohio Supreme Court in Columbus. Chief Justice Maureen O’Connor addressed the groups, highlighting issues increasingly important to the practice of law by urging them to use their licenses to help people and to incorporate their technology skills into the profession. …

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Ohio Supreme Court clarifies OVI sentencing laws

The Ohio Supreme Court ruled today on Ohio’s sentencing laws for operating a vehicle while under the influence of drugs or alcohol (OVI), clarifying some confusion about the repeat-offender statute and resolving a conflict between Ohio district courts. In an opinion penned by Justice French, the court found that when someone is convicted of an OVI …

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