Thursday, September 22, 2016

Norwood pot decriminalization initiative won't be on the ballot

The Court has denied a writ of mandamus which sought to compel the Hamilton County Board of Elections to place on the November ballot an initiative that would effectively decriminalize the use of marijuana--sorry, "marihuana"--in the City of Norwood, an enclave of Cincinnati.

Tuesday, September 20, 2016

Medical marijuana rule adopted

Today the Court announced an amendment to Rule of Professional Conduct 1.2, which clarifies the propriety of advising clients with respect to Ohio's medical marijuana law, which went into effect earlier this month. Kudos to the Court for moving quickly to amend the rule after the Board of Professional Conduct last month issued an advisory opinion indicating that such counseling was impermissible.

Writ of mandamus issued in referendum case

Today the Ohio Supreme Court issued a writ of mandamus compelling the Union County Board of Elections to remove a zoning referendum from the November ballot.

Tuesday, September 13, 2016

Death sentence affirmed; confrontation clause

The Ohio Supreme Court has rejected the appeal of Calvin McKelton, who was sentenced to death in 2010 in connection with the murders of Margaret Allen and Mick Evans.

No statutory damages in public records case without proof of delivery by hand or certified mail

In a per curiam opinion with two justices partially dissenting, the Court today denied a writ of mandamus and statutory damages in an original-jurisdiction case in which the relator sought production of public records from the Avon Lake police department.

Monday, September 12, 2016

A different approach to determining appellate jurisdiction

In Bank United v. Klug, the Ninth District reaffirmed the well-settled rule that the journalization of a nunc pro tunc order which merely "correct[s] minor typographical errors" does not extend the 30-day notice-of-appeal filing deadline provided for in Appellate Rule 4(A). Here, the order was entered on January 6, a nunc pro tunc order was entered on January 22, and the notice of appeal was filed on February 19--28 days after the nunc pro tunc order, but 44 days after the original order. The appeal thus was untimely, and was dismissed.

Gas pipelines, surveys, and you

Today the Ninth District decided Nexus Gas Transmission v. Houston, a case interpreting the statute authorizing natural gas pipeline companies to enter onto private property for the purpose of surveying and appropriating property for pipelines and related operations.

Is a member of the public entitled to make a claim under a contractor-licensing bond posted with the city?

Yes, says the Eighth District, in Koster v. Chowdhury. The court's decision--which is correct, in my view--is arguably a reversal of its 1996 unpublished holding in Soltesz v. Dicamillo.