So says the Tenth District today in Minkin v. Ohio State Home Services.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Wednesday, September 14, 2016
Can a prosecutor be compelled to prosecute by a writ of mandamus?
Today I'm shocked to learn that the answer to this question, according to the Ohio Supreme Court, is "maybe."
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 The court's decision--which is correct, in my view--is arguably a reversal of its 1996 unpublished holding in Soltesz v. Dicamillo.
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