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Cincinnati Bar Assn. v. Dearfield

October 19, 2011

CINCINNATI BAR ASSN.
v.
DEARFIELD, SLIP OPINION NO. 2011-OHIO- 5295.



On Certified Report of the Board of Commissioners on Grievances and Discipline, No. 10-036.

CAS E ANNOUNCEMENTS

[Cite as 10/19/2011 Case Announcements]

MERIT DECISIONS WITH OPINIONS

G. Timothy Dearfield of Loveland, Ohio, Attorney Registration No. 0039684, is suspended from the practice law in Ohio for one year with the entire suspension stayed on condition.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-0455. State ex rel. Baroni v. Colletti, Slip Opinion No. 2011-Ohio-5351.

Summit App. No. 25334. Judgment affirmed.

Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

Pfeifer, J., dissents.

O'Connor, C.J., not participating.

2011-0571. State ex rel. Striker v. Cline, Slip Opinion No. 2011-Ohio-5350.

Richland App. No. 09CA107, 2011-Ohio-983. Judgment affirmed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2011-1404. Leak v. Matia.

In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1417. Jones v. Nastoff.

In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1491. State ex rel. Gunner v. Clipper.

In Habeas Corpus. On petition for writ of habeas corpus of Michael J. Gunner. Sua sponte, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2011-1299. Mackowiak v. Mackowiak.

Fayette App. No. CA2010-04-009, 2011-Ohio-3013. On motion for stay. Motion denied.

2011-1482. State v. Collier.

Cuyahoga App. No. 95572, 2011-Ohio-2791. On motion for delayed appeal. Motion denied.

McGee Brown, J., dissents

2011-1496. State v. Brack.

Stark App. No. 2010CA00061, 2011-Ohio-2949. On motion for delayed appeal. Motion denied.

Pfeifer, Cupp, and McGee Brown, JJ., dissent.

2011-1504. State v. Hobbs.

Summit App. No. 25379, 2011-Ohio-3192. The court determines that a conflict exists. The parties are to brief the following issue set forth in the court of appeals' entry dated August 5, 2011:

"May a law enforcement officer, serving a dual-role as an officer and deputy clerk of a local municipal court, act as a neutral and detached magistrate for purposes of Crim.R. 4(A)?"

O'Connor, C.J., dissents.

The conflict cases are State v. Garrett, Cuyahoga App. Nos. 87112 and 87123, 2006-Ohio-6020 and State v. Robinson (Oct. 24, 1985), Cuyahoga App. Nos. 49501, 49518 and 49577.

2011-1522. State v. English.

Hamilton App. No. C-100401. On motion for delayed appeal. Motion denied. Pfeifer, J., dissents.

2011-1532. State v. Hunter.

Franklin App. No. 10AP-1005, 2011-Ohio-3654. On motion for stay. Motion denied.

2011-1540. State v. McCarroll.

Cuyahoga App. No. 96868. On motion for delayed appeal. Motion denied. Pfeifer, Cupp, and McGee Brown, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2011-0778. State v. Noling.

Portage C.P. No. 95CR220.

2011-1089. Horvath v. Ish.

Summit App. No. 25442, 2011-Ohio-2239.

Pfeifer, O'Donnell, and McGee Brown, JJ., dissent.

2011-1092. State v. Lail.

Montgomery App. No. 24118, 2011-Ohio-2312. Discretionary appeal accepted and cause held for the decision in 2011-0215, In re M.W., Cuyahoga App. No. 94737, 2010-Ohio-6362; and briefing schedule stayed.

Cupp, J., would accept the appeal on Proposition of Law No. I only and hold the cause for In re M.W.; and dissents as to Proposition of Law No. II. Lundberg Stratton, J., dissents.

2011-1162. Troyer v. Janis.

Franklin App. No. 10AP-434, 2011-Ohio-2538.

APPEALS NOT ACCEPTED FOR REVIEW 2011-0874. Chesler v. Dollar Bank, Fed. Sav. Bank.

Cuyahoga App. No. 95435, 193 Ohio App.3d 343, 2011-Ohio-1743. Lundberg Stratton and McGee Brown, JJ., dissent.

2011-0987. State v. Annable.

Cuyahoga App. No. 94775, 2011-Ohio-2029.

Lundberg Stratton, J., dissents and would accept the cross-appeal.

2011-1046. Wingates, L.L.C. v. South-Western City Schools Bd. of Edn.

Franklin App. No. 10AP-846, 2011-Ohio-2372.

2011-1051. State v. McGrath.

Cuyahoga App. No. 93445, 2010-Ohio-4477.

2011-1056. State v. Smith.

Cuyahoga App. No. 95505, 2011-Ohio-2400.

2011-1073. Young v. Cuyahoga Cty. Bd. of Mental Retardation & Developmental Disabilities.

Cuyahoga App. No. 95955, 2011-Ohio-2291.

O'Connor, C.J., and Lanzinger, J., dissent and would accept the appeal on Proposition of Law No. I.

2011-1074. State v. Harris.

Hamilton App. No. C-100470, 2011-Ohio-2729.

2011-1076. Houdek v. ThyssenKrupp Materials N.A., Inc.

Cuyahoga App. No. 95399, 2011-Ohio-1694.

Lundberg Stratton, Lanzinger, and Cupp, ...


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