LANZINGER, J. { 1} In this appeal arising from a declaratory judgment action to determine whether insurance coverage exists in a lawsuit involving injuries stemming from a misguided teenage prank, we are asked to apply the doctrine of inferred intent with respect to intentional-act exclusions. Because we decline to allow the intent to harm to be inferred as a matter of law in cases in which the harm suffered cannot be deemed an inherent result of the intentional act, we affirm the judgment...
{ 1} Relators have filed a complaint seeking writs of mandamus and prohibition and a motion for temporary injunctive relief. { 2} It is ordered, sua sponte, that an alternative writ of mandamus is granted, and the following briefing schedule is set for the presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. 10.6: Relators shall file their brief and evidence no later than January 3, 2011, and respondents shall file their briefs and evidence no later than January 5, 2011....
{ 1} The discretionary appeal is accepted. { 2} The judgment of the court of appeals is affirmed on the authority of State v. Hodge, 128 Ohio St.3d 1 , 2010-Ohio-6320, 941 N.E.2d 768. PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur. BROWN, C.J., dissents for the reasons stated in his dissenting opinion in State v. Hodge.
CUPP, J. { 1} In State v. Foster, 109 Ohio St.3d 1 , 2006-Ohio-856, 845 N.E.2d 470, this court held some sections and provisions of Ohio's sentencing statutes unconstitutional based on the decisions of the United States Supreme Court in Blakely v. Washington (2004), 542 U.S. 296 , 124 S.Ct. 2531, 159 L.Ed.2d 403, and Apprendi v. New Jersey (2000), 530 U.S. 466 , 120 S.Ct. 2348, 147 L.Ed.2d 435. { 2} Among the provisions held unconstitutional in Foster were those requiring...
LUNDBERG STRATTON, J. { 1} Today this court must decide whether R.C. 9.68, a statute enacted by the General Assembly in 2006 that provides that only federal or state regulations can limit an Ohioan's individual right to bear arms, is a general law. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority. I. Procedural History { 2} In 2006, the General Assembly enacted R.C. 9.68 as a...
LUNDBERG STRATTON, J. I. Introduction { 1} The instant case involves a felony offense that includes an element of fraud where the corpus delicti of the offense was not discovered until approximately three years after the offense was committed. There are two questions for our review. The first is whether R.C. 2901.13(F) tolls the criminal statute of limitations for such an offense while the corpus delicti remains undiscovered. The second is whether R.C. 2901.13(B)(1) provides a one-year...
LANZINGER, J. { 1} In this case, we are asked to determine whether there is a missing culpable mental state in the offense of having weapons while under disability, a felony of the third degree. Appellee, Steven Johnson, was convicted of this offense, as defined by R.C. 2923.13(A)(3), based on two previous convictions for drug-related offenses. The question before this court is whether R.C. 2923.13(A)(3) requires proof of the mens rea of recklessness with respect to a defendant's prior...
PFEIFER, J. { 1} In March 2007, the Bluffton University ("Bluffton") baseball team was scheduled to play multiple games in Sarasota, Florida. James Grandey Jr., Bluffton's head baseball coach, had contracted with Executive Coach Luxury Travel, Inc. ("Executive") to transport the players and coaches to Florida. Jerome Niemeyer, an Executive employee, was a driver. While driving, he apparently mistook an exit ramp for another lane on the highway and was unable to stop the bus at the top of a...
CUPP, J. { 1} This appeal presents the issue of whether a trial court, having denied a timely filed Crim.R. 29(C) motion for acquittal, may reconsider its ruling and grant the motion based on the defendant's renewed motion filed after the 14-day time period in Crim.R. 29(C) has expired. { 2} In this case, the trial court denied appellee Denny Ross's timely filed motion for acquittal pursuant to Crim.R. 29(C). However, well after the expiration of the time period for making a motion for...
O'CONNOR, J. { 1} In this appeal, we reconcile R.C. 2744.02(C) with R.C. 2744.09(E) and determine whether the denial of a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order. { 2} R.C. Chapter 2744 governs political-subdivision immunity. Pursuant to R.C. 2744.02(C), orders denying employees of a political subdivision immunity from liability...
O'DONNELL, J. { 1} DIRECTV, Inc., and EchoStar Satellite, L.L.C. ("the satellite companies") appeal from a decision of the Tenth District Court of Appeals and ask us to consider whether the imposition of a sales tax on the retail sale of satellite broadcasting services without also imposing the same tax on cable broadcasting services violates the Commerce Clause of the United States Constitution. As other jurisdictions that have considered this same issue have done, we conclude that the...
LANZINGER, J. { 1} This case involves a patient who may have contracted a blood-borne disease from a health-care provider during a hospital stay. The issue for our review concerns the patient's ability to obtain discovery to determine the source of his exposure. I. Case Background { 2} In May 2006, appellee Donald Ward underwent a procedure to replace his heart valve at Summa Health System ("Summa"). Five months later, Summa notified Ward that he may have been exposed to hepatitis B...
PFEIFER, ACTING C.J. { 1} The issue in this case is whether certain sections of 2008 Am.Sub.S.B. No. 192 ("S.B. 192") and 2008 Sub.H.B. No. 544 ("H.B. 544") are constitutional. We conclude that the sections are constitutional and affirm the judgment of the court of appeals. Factual and Procedural Background { 2} In November 1998, the Ohio attorney general entered into a master settlement agreement ("MSA") with the largest tobacco-product manufacturers in the United States that resolved...
Per Curiam. { 1} Respondent, Kevin M. Hunt of Dayton, Ohio, Attorney Registration No. 0073405, was admitted to the practice of law in Ohio in 2001. The Board of Commissioners on Grievances and Discipline concluded that respondent engaged in professional misconduct and recommends that he be suspended from the practice of law for six months and that the cost of these proceedings be taxed to him. { 2} We agree that respondent committed professional misconduct as found by the board and adopt...
Per Curiam. { 1} Respondent, Ramie Ann Resnick, a.k.a. Ramie Reisman Resnick of Cleveland, Ohio, Attorney Registration No. 0023382, was admitted to the practice of law in Ohio in 1984. { 2} Respondent was convicted of possession of cocaine, a fifth-degree felony, in the Butler County Common Pleas Court on February 14, 2006, and placed on community-control sanctions. As a result of that conviction, this court imposed an interim suspension of her law license, In re Resnick, 112 Ohio St....
PFEIFER, ACTING C.J. { 1} This case stems from the demise of a community school formed pursuant to R.C. Chapter 3314. We address the issue of whether a treasurer of a community school is a public official who may be strictly liable to the state for public funds lost when the school accepted public funds that it was not entitled to receive. We hold that an officer, employee, or duly authorized representative or agent of a community school is a public official and may be held strictly liable...
Per Curiam. { 1} At issue is appellant Carolyn Stevens's eligibility for permanent total disability compensation. Stevens was industrially injured in 1998, and her workers' compensation claim includes several significant low-back conditions. In 2006, Stevens began to experience shortness of breath and bilateral lower-extremity edema that are not related to her industrial injury. { 2} In 2008, appellee Industrial Commission of Ohio awarded Stevens permanent total disability...
Per Curiam. { 1} Respondent, Christopher Peter Muntean of Akron, Ohio, Attorney Registration No. 0077343, was admitted to the practice of law in Ohio in 2004. In May 2009, respondent met with law-enforcement officials who were investigating the disappearance of money from bank accounts that respondent maintained as treasurer of the Summit County Court Appointed Special Advocates ("CASA") board. On the same day, respondent wrote to relator, Disciplinary Counsel, to report an ethical...
{ 1} The cause is dismissed, sua sponte, as having been improvidently accepted. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.
O'DONNELL, J. { 1} Colerain Township and its trustees appeal from a decision of the First District Court of Appeals, which affirmed the trial court judgment denying Colerain's motion to intervene in an action for declaratory judgment and injunctive relief filed by Rumpke Sanitary Landfill, Inc., against the state of Ohio, denying the state's motion to dismiss that action for failure to join Colerain, declaring the General Assembly's amendments to R.C. 303.211 and 519.211 unconstitutional...
