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CNO Review March 2015 Edition City’s Drilling Ordinances Clash Supreme Court Unveils New Search Features with State Oil and Gas Law (p. 3) for Opinions & Announcement Web Page (p. 5) March 2015 Courts Follow in Footsteps of Ohio Supreme Court Female Majority Now in its fifth year with four women on the bench, Ohio’s Supreme Court continues its longest consecutive streak with a female majority. Meanwhile, other courts in the state and around the country continue to grow in the ranks of women judges. (See story on page 6). 2 • March 2015 • cno review about court news ohio Court News Ohio is a service of the Office of Public Information of the Supreme Court of Ohio and Ohio Government Telecommunications. the March issue Court News Ohio includes a website inside (courtnewsohio.gov), a monthly print publication (CNO Review), a television program (CNO TV), 3 Cases a Facebook page (facebook. Firearms Charge Does Not Apply to Ottawa com/courtnewsohio), a Twitter Hills Police Officer in On-Duty Shooting feed (@courtnewsohio), and a YouTube channel (youtube.com/ CourtNewsOhioTV). 4 happening now Technology Grant Funds for Ohio Courts Content is produced and edited by the Public Information staff with video production assistance from the staff of Ohio Government 6 cover Story Telecommunications. The views Courts Follow in the Footsteps of Ohio expressed in CNO content do Supreme Court Female Majority not necessarily reflect those of the justices of the Supreme Court of Ohio, and the justices do not 8 On the Bench exercise direct editorial control over New Study Highlights Need for Expanded the content. Voter Information in Judicial Races Submissions can be e-mailed to [email protected] or sent through 10 Legislative Digest the U.S. mail to: Compilation of bills and resolutions introduced by the Ohio General Assembly Court News Ohio of interest to the judicial community 65 S. Front Street 10th Floor Columbus, Ohio 43215 11 rule amendment Summary Supreme Court Adopts Amendments to A free monthly subscription to the Appoint Capital Case Counsel for Indigent CNO Review can be requested by Defendants e-mail or U.S. mail, or by calling 614.387.9250. 12 The agenda facebook.com/courtnewsohio Ohio Court Reporters Association Annual Conference: March 27-29 @courtnewsohio youtube.com/CourtNewsOhioTV cno review • March 2015 • 3 Visit courtnewsohio.gov for the most current decisions from the Ohio Supreme Court, Courts of Appeals, and Cases Court of Claims. Supreme Court of Ohio gas activities and operations that authorized a receiver for the investors the state has permitted under R.C. to cancel its contract with California Firearms Charge Does Not Apply Chapter 1509.” Gold Marketing Group. California to Ottawa Hills Police Officer in State ex rel. Morrison v. Beck energy corp. Gold signed a deal with the treasure On-Duty Shooting Slip opinion no. 2015-ohio-485 hunters in 1998 to market and sell what was brought up from the The case of an Ottawa Hills police shipwreck. Investors raised concerns officer convicted of felonious Provision in Gross Sexual about the profitability and desirability assault for shooting a man during a Imposition Statute Found of having California Gold involved in traffic stop returns to the trial court Unconstitutional the next round of coin sales. following a Feb. 18 Supreme Court The Supreme Court ruled on Feb. decision. The court ruled that the Dispatch Printing co. 11 that part of the state’s gross sexual v. recovery Ltd. Partnership firearms specification against the imposition law is unconstitutional. 2015-ohio-381 officer did not apply in his case, The problematic provision mandates the jury instructions misled the a prison term when evidence jury in evaluating the officer’s use Court of Claims other than the victim’s testimony of deadly force, and the trial court corroborates the offense. The should not have excluded testimony Court of Claims: Prison at Fault penalty provision has no rational about crimes the officer believed for Injuries of 80-Year-Old Inmate basis for distinguishing between the victim had committed. In an Who Fell from Bunk cases with or without corroborating opinion written by Justice Terrence evidence – a violation of due process The state prison system is liable for O’Donnell, the court affirmed the protections in the U.S. Constitution, the injuries an 80-year-old inmate judgment of the Sixth District Court Justice Judith Ann Lanzinger wrote suffered when he fell out of the of Appeals. in the court’s majority opinion. In top of a bunk bed in the Hocking State v. white addition, when a defendant pleads Correctional Facility, a Court of Slip opinion no. 2015-ohio-492 guilty to gross sexual imposition and Claims magistrate ruled. The corroborating evidence is shown, the Department of Rehabilitation and defendant’s constitutional right to Correction had 14 days to appeal City’s Drilling Ordinances Clash a jury trial is infringed upon when a the Feb. 5 ruling by Magistrate with State Oil and Gas Law court imposes the mandatory prison Robert Van Schoyck that the prison Local drilling and zoning ordinances term, the court determined. should have clearly known about the in Munroe Falls cannot be enforced mental and physical limitations of State v. Bevly octogenarian inmate Roy Buchanan because they conflict with state law Slip opinion no. 2015-ohio-475 regulating oil and gas wells and and the risks of assigning him to a operations, the Supreme Court top bunk. Buchanan’s complaint concluded on Feb. 17. The court filed in the Court of Claims was split ruled that a Munroe Falls’ zoning Courts of Appeals into two matters, one determining ordinance and four local laws the liability of the department, and Tenth District: Marketing Firm governing oil and gas drilling are the other the extent of his damages. not an appropriate exercise of the Retains Right to Sell Disputed Van Schoyck only ruled on liability. Shipwreck Treasure city’s home rule powers. The city had roy Buchanan v. Department obtained a court order stopping Beck A state appeals court ruled on Feb. of rehabilitation and correction Energy Corporation from drilling 3 that investors must keep their case no. 2013-00671 until the company complied with deal with the firm contracted to sell local law. In the Supreme Court’s treasure from an historic shipwreck lead opinion, Justice Judith L. French that is still being recovered from wrote that home rule does not allow a the sea. The Tenth District Court of municipality “to discriminate against, Appeals reversed a Franklin County unfairly impede, or obstruct oil and Common Pleas Court decision that 4 • March 2015 • cno review news and notes from courthouses across the Buckeye State Court's Mentoring Program Changing Lives Spencer Kirksey and Noah Mirando are two friends bowling after school. “Oh, my goodness – come on, come on. So close,” Mirando laughs. They’ve only been hanging out since September, but already Kirksey says he’s good pals with 14-year-old Mirando. “He’s really opened up. He was now avaiLaBLe To ohio courTS really shy in the beginning, and now it’s like I’m hanging out with one of my buddies,” Kirksey said. rant funds are now available to support local court technology Life threw Mirando a curveball projects that aid in removing barriers to efficient and effective when his mother became sick. administration of justice. “I would get into arguments and G every once in a while I would start The Ohio Supreme Court announced the funds are offered through the Ohio Courts Technology Initiative, and any court of appeals, fighting people and always getting into common pleas court, municipal court, or county court is eligible to trouble, always getting called down to apply. the court, and they said the next time Technology grant funds may be awarded to courts for the following I would be sent to juvi and then foster projects: home,” Mirando said. “I didn’t want to leave because my mom was the only • Connection to Ohio Courts Network one I looked up to – she was the only parent in the household. She was the • Electronic transfer of final disposition data to the only one I could count on, and I didn’t Computerized Criminal History database want to leave her. I wanted to always • Minor upgrade to an existing case management system stay by her side.” With his mother now in a nursing • Upgrade to network infrastructure home and his older brother working • Additional or replacement software or hardware 12-hour shifts to keep the rest of his • Upgrade to or purchase of technology equipment family in their apartment, Mirando needed a healthy outlet to express his • Purchase and installation of new or additional self-service anger and he needed a friend. kiosks for jurors, litigants, or probationers. So every week Kirksey and Mirando Specific examples include security checkpoint screening equipment, meet up and hang out for a few hours. cameras in the courtroom, and electronic case document filing. The two met though the Delaware Review of applications and selection began March 1, 2015, and County Juvenile Court’s T.E.A.M. applications will be accepted and reviewed on an ongoing basis through Mentoring Program. The program the end of the business day on May 15, 2015. started in 1999, but didn’t become part Details about the grants, including instructions on how to apply, are of the Delaware County Juvenile Court available online. Questions? Contact Colleen Rosshirt, Case Management until a year later. Patty Cram took over Counsel, at [email protected]. the program in 2003, and she said it’s flourished ever since. Story continues on page 11.
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