Paul F. Adamson, Attorney at Law » Ohio Supreme Court Opinion Summaries

Supreme Court Suspends Licenses of West Chester Attorney, Former Ravenna Judge

Ohio Supreme Court Opinion Summaries — Wed, 21 Jul 2010 13:13:50 +0000

In separate disciplinary actions announced today, the Supreme Court of Ohio suspended the licenses of attorneys Bradley M. Kraemer of West Chester and former judge John Joseph Plough of Ravenna.

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Disappointed Bidder on Public Works Project May Recover Bid Preparation Costs Under Certain Conditions

Ohio Supreme Court Opinion Summaries — Wed, 21 Jul 2010 13:13:01 +0000

The Supreme Court of Ohio ruled today that when a rejected bidder establishes that a public authority violated state competitive-bidding laws in awarding a public-improvement contract, that bidder may recover reasonable bid-preparation costs as damages if the bidder promptly sought, but was denied, an injunction to suspend work on the project pending resolution of the bid dispute, and it is later determined that the bidder was wrongfully rejected and injunctive relief is no longer available.

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Court Rules Alleged Sex Abuse Victim Entitled to Redacted Copies of Police Records from Investigation

Ohio Supreme Court Opinion Summaries — Tue, 20 Jul 2010 14:17:21 +0000

The Supreme Court of Ohio ruled today that some of the investigatory records compiled or accessed by the Guernsey County Sheriff’s Office during its investigation of a 2008 complaint alleging sexual abuse of a child by a priest in the 1990s are not exempt from disclosure under the Ohio Public Records Act, and those documents must therefore be provided in redacted form to the person who filed the complaint.

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Columbus, West Chester Attorneys Indefinitely Suspended from Practice

Ohio Supreme Court Opinion Summaries — Tue, 20 Jul 2010 13:10:40 +0000

In separate disciplinary actions announced today, the Supreme Court of Ohio indefinitely suspended the licenses of attorneys Wayne Donald Miller of Columbus and Paul Joseph Kellogg of West Chester.

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Flight to Avoid Prosecution Stops Running of Legal Time Limit for Prosecuting All Crimes by Defendant

Ohio Supreme Court Opinion Summaries — Tue, 20 Jul 2010 13:09:53 +0000

The Supreme Court of Ohio ruled today that a state law that “tolls” (stops the running of) statutes of limitations for prosecuting a criminal defendant during a period in which the accused purposely avoids prosecution applies to all crimes committed by the accused, regardless of whether an indictment for those crimes had been returned or the underlying criminal activity had been discovered at the time the accused fled.

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Defendant May Plead Guilty to Amended Indictment That Changes Identity of Crime

Ohio Supreme Court Opinion Summaries — Tue, 20 Jul 2010 13:08:51 +0000

The Supreme Court of Ohio ruled today that a defendant may plead guilty to an indictment that was amended to change the name or identity of the charged crime when the defendant is represented by counsel, has bargained for the amendment, and is not prejudiced by the change.

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Court Rules Police Not Required to Convert Records Submitted on File Cards to Other Format

Ohio Supreme Court Opinion Summaries — Thu, 15 Jul 2010 13:10:24 +0000

In a 7-0 decision announced today, the Supreme Court of Ohio ruled that the Cleveland Division of Police did not violate the Ohio Public Records Act by maintaining its archive of the daily reports it receives from local pawnbrokers on 3-by-5 inch index cards – the format in which those reports are submitted by the pawnbrokers.

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Van Wert Municipal Judge Suspended

Ohio Supreme Court Opinion Summaries — Thu, 15 Jul 2010 13:09:58 +0000

The Supreme Court of Ohio today suspended the law license of Van Wert Municipal Court Judge Phil William Campbell for 12 months, with the final six months of that term stayed on conditions, for multiple violations of the Code of Judicial Conduct and Code of Professional Responsibility.

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Adoption of Child by Non-Relative Legal Custodian Is Not Exempt from Pre-Adoption Placement Requirements

Ohio Supreme Court Opinion Summaries — Thu, 15 Jul 2010 13:09:12 +0000

The Supreme Court of Ohio ruled today that the preadoption placement procedures for “private” adoptions set forth in R.C. 5103.16(D) must be followed even in cases where the child has been living with the prospective adoptive parents pursuant to an award of legal custody by a juvenile court. The Court’s 6-0 decision was authored by Justice Evelyn Lundberg Stratton.

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Expert Affidavit That Contradicts Prior Deposition Does Not Create Factual Issue to Prevent Summary Judgment

Ohio Supreme Court Opinion Summaries — Wed, 14 Jul 2010 13:09:36 +0000

The Supreme Court of Ohio ruled today that when the affidavit of a retained nonparty expert is submitted in opposition to a pending motion for summary judgment, and statements in the affidavit contradict testimony given by the same expert during a prior deposition, the affidavit does not create a “genuine issue of material fact” that prevents summary judgment unless the expert sufficiently explains the reason for the contradiction.

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