6/23/1993 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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ATTENTION
DIRECT ANY QUESTIONS ABOUT THE ANNOUNCEMENT TO WALTER S. KOBALKA,
REPORTER OF DECISIONS, AND DEBORAH J. WHITTEN AT (614) 466-4961 OR
1-800-826-9010.

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

WEDNESDAY
June 23, 1993

MOTION DOCKET

90-177. State v. Hill.
Trumbull County, Nos. 3720 and 3745. UPON CONSIDERATION of the motion
filed by counsel for appellant to stay the execution of sentence in
the above-styled cause pending the exhaustion of state post-conviction
remedies,
IT IS ORDERED by the court that said motion be, and the same is
hereby, granted, effective June 21, 1993.
IT IS FURTHER ORDERED by the court that said stay is granted for
a period of six months to allow appellant an opportunity to file a
petition for post-conviction relief. Absent such a filing within said
time period, this stay will expire, and no further time will be
granted except in unusual circumstances.
IT IS FURTHER ORDERED by the court that if a petition for
post-conviction relief has been filed within the time allotted, a
date-stamped copy of such petition shall be filed by appellant with
the Clerk of this court, and this stay shall remain in effect until
exhaustion of all state post-conviction proceedings, including any
appeals.
IT IS FURTHER ORDERED by the court that the compliance with the
mandate and execution of sentence be, and the same are hereby, stayed
for a period of six months or, if a petition for post-conviction
relief is filed within that time period, pending the exhaustion of all
proceedings for post-conviction relief before courts of this state.

90-1673. State v. Green.

Hamilton County, No. C-880504. UPON CONSIDERATION of the motion filed
by counsel for appellant to stay the execution of sentence in the
above-styled cause pending the timely filing of a petition for a writ
of certiorari in the Supreme Court of the United States,
IT IS ORDERED that said motion be, and the same is hereby,
granted, effective June 18, 1993.
IT IS FURTHER ORDERED that the compliance with the mandate and
the execution of sentence be, and the same are hereby, stayed pending
the timely filing of the petition in the Supreme Court of the United
States.
IT IS FURTHER ORDERED that if such petition is timely filed, this
stay shall continue for an indefinite period pending final disposition
of this cause by the Supreme Court of the United States.

93-760. State v. Swift.
Geauga County, No. 92-G-1687. This cause is pending before the court
on a motion for leave to appeal from the Court of Appeals for Geauga
County. Upon consideration of the appellant's motion to stay judgment
of the Eleventh District Court of Appeals,
IT IS ORDERED by the court that said motion to stay judgment of
the Eleventh District Court of Appeals be, and the same is hereby,
granted, effective June 22, 1993.

93-1236. State ex rel. Schottenstein v. Belskis.
In Prohibition. This cause originated in this court on the filing of
a complaint for a writ of prohibition. Upon consideration of
relators' motion for issuance of an alternative writ,
IT IS ORDERED by the court that said motion for issuance of an
alternative writ be, and the same is hereby, denied, effective June
21, 1993.
A.W. Sweeney, Resnick and F.E. Sweeney, JJ., dissent.

MISCELLANEOUS DOCKET

On June 18, 1993, the Supreme Court of Ohio suspended one hundred
thirteen attorneys from the practice of law for noncompliance with the
requirements of Gov. Bar R. X, Attorney Continuing Legal Education.
In addition, the Supreme Court publicly reprimanded two attorneys
pursuant to Rule X. Sanction fees were also ordered against the
suspended and reprimanded attorneys.
The text of the entries imposing the suspensions is reproduced
below. This is followed by a list of the attoneys who were
suspended. The list includes each suspended attorney's registration
number; the county and state of residence and the county and state of
the attorney's employer, as last registered with the Office of
Attorney Registration; and the amount of the sanction fee imposed by
the Supreme Court.
Each entry of public reprimand is reproduced below in its
entirety.
In re Report of the Commission : 1993 TERM
on Continuing Legal Education. :
: To wit: June 18, 1993
[NAME]
(# [ATTORNEY REGISTRATION NO.]), : ENTRY
Respondent.

This matter originated in this court on the filing of a report by
the Commission on Continuing Legal Education (the "commission")
pursuant to Gov. Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission
recommended the imposition of sanctions against certain attorneys,
including the above-named respondent, for failure to comply with the
provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for
the 1990-1991 reporting period.
The commission's report recommended imposition of a sanction
against the respondent in the total amount of $[ ] for noncompliance
in the 1990-1991 reporting period. Furthermore, the commission's
report recommended that the respondent be suspended from the practice
of law pursuant to Gov. Bar R. X(5)(A)(4) for failure to pay a
previous court-ordered sanction for noncompliance in a previous
reporting period in addition to noncompliance in the 1990-1991
reporting period. On November 20, 1992, this court issued to the
respondent an order to show cause why the commission's recommendation
should not be adopted and an order so entered against the respondent.
Respondent filed no objections to the commission's recommendation and
this cause was considered by the court. Upon consideration thereof,
IT IS ORDERED by the court that the recommendation of the
commission is adopted and respondent, [NAME], is immediately suspended
from the practice of law pursuant to Gov. Bar R. X(6)(B)(3), and Gov.
Bar R. X(5)(A)(4), until respondent is reinstated by order of this
court pursuant to Gov. Bar R. X(7).
IT IS FURTHER ORDERED that on or before July 19, 1993, respondent
shall pay to the Commission on Continuing Legal Education, by
certified check or money order, a sanction fee which is hereby imposed
in the total amount of $[ ].
IT IS FURTHER ORDERED that, payment of the sanction fee
notwithstanding, respondent shall comply with the requirements imposed
by Gov. Bar R. X for the 1990-1991 reporting period. See CLE Reg.
503.4.
It IS FURTHER ORDERED that respondent immediately cease and
desist from the practice of law in any form and is hereby forbidden to
appear on behalf of another person before any court, judge,
commission, board, administrative agency or other public authority.
IT IS FURTHER ORDERED that respondent is hereby forbidden to
counsel or advise or prepare legal documents for others or in any
manner perform such services.
IT IS FURTHER ORDERED that respondent is hereby divested of each,
any and all of the rights, privileges and prerogatives customarily
accorded to a member in good standing of the legal profession of Ohio.
IT IS FURTHER ORDERED that respondent surrender forthwith
respondent's certificate of admission to practice law and attorney
registration card to the Clerk of this court and that respondent's
name be stricken from the roll of attorneys maintained by this court.
IT IS FURTHER ORDERED that respondent shall complete one credit
hour of continuing legal education for each month, or portion of a
month, of the suspension. As part of the total credit hours of
continuing legal education required by this order, respondent shall
complete one credit hour of instruction related to ethics and
professional responsibility, including instruction on substance abuse,
for each six months, or portion of six months, of the suspension.
IT IS FURTHER ORDERED that respondent shall not be reinstated to
the practice of law in Ohio until respondent complies with the
requirements for reinstatement set forth in Gov. Bar R. X(7), and this

court orders respondent reinstated.
IT IS FURTHER ORDERED that on or before July 19, 1993, respondent
shall:
1. Notify all clients being represented in pending matters and
any co-counsel of respondent's suspension and consequent
disqualification to act as an attorney after the effective date of
this order and, in the absence of co-counsel, also notify the clients
to seek legal service elsewhere, calling attention to any urgency in
seeking the substitution of another attorney in respondent's place;
2. Regardless of any fees or expenses due respondent, deliver
to all clients being represented in pending matters any papers or
other property pertaining to the client, or notify the clients or
co-counsel, if any, of a suitable time and place where the papers or
other property may be obtained, calling attention to any urgency for
obtaining such papers or other property;
3. Refund any part of any fees or expenses paid in advance that
are unearned or not paid, and account for any trust money or property
in the possession or control of respondent;
4. Notify opposing counsel in pending litigation or, in the
absence of counsel, the adverse parties, of respondent's
disqualification after the effective date of this order, and file a
notice of disqualification of respondent with the court or agency
before which the litigation is pending for inclusion in the respective
file or files;
5. Send all notices required by this order by certified mail
with a return address where communications may thereafter be directed
to respondent;
6. File with the Clerk of this court and the Disciplinary
Counsel of the Supreme Court an affidavit showing compliance with this
order, showing proof of service of notices required herein, and
setting forth the address where the affiant may receive
communications; and
7. Retain and maintain a record of the various steps taken by
respondent pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk of
this court and the Disciplinary Counsel advised of any change of
address where the respondent may receive communications.
IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X(6)(H), the
Clerk of this court send certified copies of this order to those
persons or organizations named in Gov. Bar R. V(8)(D)(1), and that
publication be made as required under Gov. Bar R. X(6)(H).

Reg. Res. Res. Emp. Emp. Sanction
Name of Suspended Attorney No. Cty. St. Cty. St. Fee

John Eric Andre 0031196 VA DC 750.00
Richard Taylor Andrews III 0032243 Cuyahoga OH Cuyahoga OH 720.00
Wilbur Henry Apking 0032296 Hamilton OH Hamilton OH 750.00
David Winder Bacon 0031638 Hamilton OH Hamilton OH 750.00
John Richard Baird 0001461 Franklin OH 750.00
Benjamin Harris Baker 0007876 Geauga OH Summit OH 750.00
George Edward Bandy 0031409 Summit OH Summit OH 330.00
Chris Marshall Barron 0029287 Summit OH Summit OH 750.00
Raymond F. Bartholomew 0031293 Summit OH 750.00
Thomas Hugh Baughman 0034360 Franklin OH 610.00

Frank Llewellyn Beane 0032041 Stark OH Stark OH 590.00
David Edward Beasley 0024632 Cuyahoga OH 750.00
Walter P. Beck 0022662 KY 750.00
Richard Patrick Berry 0033415 Cuyahoga OH Cuyahoga OH 750.00
James Elijah Birt 0034340 Montgomery OH 400.00
Samuel Carter Diffey Bledsoe 0024079 VA DC 750.00
Lawrence Dietrich Borchers 0033936 Cuyahoga OH 750.00
Aldean Smith Bradley 0036890 Butler OH 750.00
Michael Joseph Bregger 0037860 Hamilton OH Hamilton OH 750.00
Glen Heaton Britton 0013270 Franklin OH Franklin OH 750.00
Michael Howard Brown 0002783 Hamilton OH Hamilton OH 210.00
Robert Lewis Brown 0010032 Crawford OH Crawford OH 500.00
David Thomas Buckley 0039006 Summit OH Cuyahoga OH 750.00
Ruth Leigh Burgin 0031151 Franklin OH Franklin OH 750.00
Jacquelyn Jean-Marie Burt 0041065 Franklin OH 750.00
John Patrick Butler 0027157 Cuyahoga OH Cuyahoga OH 650.00
Douglas Lee Campbell 0009383 Montgomery OH 250.00
Scott Robert Campbell 0041699 CA CA 750.00
Daniel Kerr Carroll 0037432 Cuyahoga OH 750.00
Rosilyn Maria Carroll 0039823 Franklin OH Franklin OH 330.00
Edward Luke Carson* 0002642 Trumbull OH Trumbull OH 430.00
John Porter Castleberry Jr. 0031004 Hamilton OH 750.00
Jeffrey Lee Chagnot 0033675 Mahoning OH Mahoning OH 750.00
Mohamed Ibn Chambas 0022241 Cuyahoga OH Cuyahoga OH 750.00
Alan David Cohen 0038321 Cuyahoga OH 750.00
Evelyn Lee Cohen 0024796 Cuyahoga OH 750.00
Peter Hogan Barton Collins 0011747 VA 750.00
Donald Wayne Conley* 0033831 Franklin OH 750.00
Betty Virginia Cooke 0024401 Wood OH Wood OH 750.00
Anthony John Costanzo 0018498 Cuyahoga OH Cuyahoga OH 750.00
William Joel Crost* 0021177 Lorain OH Cuyahoga OH 750.00
Harry Arthur Curtis* 0020277 Franklin OH Franklin OH 600.00
Gerald John D'Ambrosio 0034297 NY NY 750.00
David Arthur D'Anniballe 0037171 NY 750.00
Gilbert Warren Daane Jr. 0043587 CA 750.00
David Lawrence Deibel Jr. 0031368 Stark OH Stark OH 750.00
Mark Eugene DeLong 0018468 Cuyahoga OH Cuyahoga OH 750.00
Robert McKenzie DeQuinze 0025041 Medina OH Cuyahoga OH 750.00
Christine Ann DeSanctis 0026410 IN IN 680.00
Kerry Berger DeWolfe 0030920 VT 750.00
Steven Lee Dickinson 0025415 CA CA 750.00
Jacqueline Faith Dietz 0007203 MN 750.00
Carter Hoffman Donohoe 0037551 Cuyahoga OH Cuyahoga OH 750.00
Laryce Woodyear Dowe 0034009 VA DC 750.00
Bruce Lee Downey 0033035 VA DC 750.00
John Davis Dyck 0019021 Cuyahoga OH 750.00
Francis Donald Egan 0013903 Summit OH 750.00
John Wakeman Elliott 0011749 Delaware OH Delaware OH 750.00
Michael Dean Ewing 0002090 IL IL 750.00
Rudolph Fahr 0015287 CA CA 750.00
Jacquelyn J. C. Faison 0036910 Cuyahoga OH 750.00
Richard Reagan Farr 0041061 Hamilton OH Hamilton OH 750.00
Alan Robert Feltes 0032326 TN TN 750.00
Leon B. Fink 0008934 Cuyahoga OH 750.00
Kenneth Lawrence Foran 0013887 VA VA 750.00
William John Fritsche III 0031589 CO CO 750.00
Janet Marie Furcello 0029813 Cuyahoga OH 750.00

John Charles Furgason 0021056 Perry OH Perry OH 750.00
Jennifer Gallagher 0037656 PA PA 750.00
Dorothy Meyer Garvin 0006883 Hamilton OH Hamilton OH 750.00
Edward Alfred Gemerchak Jr. 0040090 Lucas OH Lucas OH 750.00
Robert Henry Gilcher 0026007 Lake OH 750.00
Richard Paul Gilmore 0034071 PA PA 600.00
Louis Suppree Goldman 0009353 Montgomery OH Montgomery OH
750.00
Valerie Carol Hack 0029262 Clark OH Clark OH 750.00
John Marshall Hannah Jr. 0031672 Montgomery OH Montgomery OH
240.00
Howard Hunter Harris 0002203 Hancock OH 750.00
Rhonda Gay Hartman 0038312 Franklin OH 750.00
Jo Allison Henn 0025928 NY 750.00
Keith Edison Henry 0038346 CA 750.00
Robert James Higgins 0009866 TN TN 750.00
Roland Paul Hornbostel 0031246 Franklin OH Franklin OH 250.00
Cheryl Renee Howard 0032359 NY NY 750.00
James Lloyd Howell 0037684 NV NV 750.00
Joseph Vincent Huber 0002827 PA PA 750.00
Steven Richwill Hughes 0005005 Knox OH 750.00
Herman Lester Imel 0001549 Cuyahoga OH Cuyahoga OH 750.00
Harvey Lee Ingram 0009971 Hamilton OH 750.00
Julius Jancin Jr. 0012785 MD VA 650.00
Gertrude Shanks Johnson 0012816 Summit OH 750.00
John Cadwallader Jones Jr. 0022659 Cuyahoga OH Cuyahoga OH 750.00
Othello Gonder Jones Jr. 0011579 MD DC 750.00
Robert Marshall Jones 0024272 FL 750.00
Greg Frederick Joseph 0025569 Franklin OH 750.00
Conrad John Kalbfleisch 0005295 GA GA 750.00
Judith Gregg Kelley 0038083 Warren OH 750.00
William Davis Kelly 0037559 SC SC 750.00
Daniel Mark Killam 0024394 Lucas OH Lucas OH 750.00
Gerald Dennis Kisner 0023814 DC DC 750.00
Vincent James Kloss 0021842 Cuyahoga OH 750.00
David George Korn 0030589 Franklin OH Franklin OH 150.00
George Ashford Kuhlman 0027598 Cuyahoga OH IL 750.00
John Lowry Lamb 0038398 Cuyahoga OH 750.00
Michael Joseph Leatherman 0020869 Hancock OH Hancock OH 440.00
Albert Scott Lee 0030753 IL 750.00
Patricia Alison Leigh 0033202 Summit OH 750.00
Elmer Raymond Lentz Jr. 0024118 Fairfield OH Fairfield OH 750.00
Monica Susan Lercher 0020209 NY NY 750.00
David Michael Levin 0031492 IL IL 370.00
Irwin Morris Levy* 0041671 Cuyahoga OH Summit OH 750.00
Charles Samuel Lopeman* 0021859 Franklin OH 750.00
Harry E. Lubeshkoff 0025630 Cuyahoga OH Cuyahoga OH 750.00
Howard Louis Lutchin 0031539 Hamilton OH 750.00

* Respondent filed objections that were considered by the court.

1993 TERM
In re Report of the Commission :
on Continuing Legal Education. : To wit: June 18, 1993

Halver Herbert Haugen :

(#0000124), : ENTRY
Respondent. :

This matter originated in this court on the filing of a report by
the Commission on Continuing Legal Education (the "commission")
pursuant to Gov. Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission
recommended the imposition of sanctions against certain attorneys,
including the above-named respondent, for failure to comply with the
provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for
the 1990-1991 reporting period.
The commission's report recommended imposition of a sanction
against the respondent in the total amount of $600 for noncompliance
in the 1990-1991 reporting period. Furthermore, the commission's
report recommended that the respondent be publicly reprimanded
pursuant to Gov. Bar R. X(5)(A)(2). On November 20, 1992, this court
issued to the respondent an order to show cause why the commission's
recommendation should not be adopted and an order so entered against
the respondent. Respondent filed no objections to the commission's
recommendation and this cause was considered by the court. Upon
consideration thereof,
IT IS ORDERED by the court that the recommendation of the
commission is adopted and respondent, Halver Herbert Haugen, is
publicly reprimanded pursuant to Gov. Bar R. X(6)(B)(3), and Gov. Bar
R. X(5)(A)(2), and this entry shall constitute the public reprimand.
IT IS FURTHER ORDERED that on or before July 19, 1993, respondent
shall pay to the Commission on Continuing Legal Education, by
certified check or money order, a sanction fee which is hereby imposed
in the total amount of $600.
IT IS FURTHER ORDERED that, payment of the sanction fee
notwithstanding, respondent shall comply with the requirements imposed
by Gov. Bar R. X for the 1990-1991 reporting period. See CLE Reg.
503.4.
IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X(6)(H), the
Clerk of this court send certified copies of this order to those
persons or organizations named in Gov. Bar R. V(8)(D)(1), and that
publication be made as required under Gov. Bar R. X(6)(H).

1993 TERM
In re Report of the Commission :
on Continuing Legal Education. : To wit: June 18, 1993

Jay Leonard Loeb :
(#0020576), : ENTRY
Respondent. :

This matter originated in this court on the filing of a report by
the Commission on Continuing Legal Education (the "commission")
pursuant to Gov. Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission
recommended the imposition of sanctions against certain attorneys,
including the above-named respondent, for failure to comply with the
provisions of Gov. Bar R. X, Attorney Continuing Legal Education, for
the 1990-1991 reporting period.
The commission's report recommended imposition of a sanction
against the respondent in the total amount of $720 for noncompliance
in the 1990-1991 reporting period. Furthermore, the commission's
report recommended that the respondent be publicly reprimanded
pursuant to Gov. Bar R. X(5)(A)(2). On November 20, 1992, this court

issued to the respondent an order to show cause why the commission's
recommendation should not be adopted and an order so entered against
the respondent. Respondent filed no objections to the commission's
recommendation and this cause was considered by the court. Upon
consideration thereof,
IT IS ORDERED by the court that the recommendation of the
commission is adopted and respondent, Jay Leonard Loeb, is publicly
reprimanded pursuant to Gov. Bar R. X(6)(B)(3), and Gov. Bar R.
X(5)(A)(2), and this entry shall constitute the public reprimand.
IT IS FURTHER ORDERED that on or before July 19, 1993, respondent
shall pay to the Commission on Continuing Legal Education, by
certified check or money order, a sanction fee which is hereby imposed
in the total amount of $720.
IT IS FURTHER ORDERED that, payment of the sanction fee
notwithstanding, respondent shall comply with the requirements imposed
by Gov. Bar R. X for the 1990-1991 reporting period. See CLE Reg.
503.4.
IT IS FURTHER ORDERED that, pursuant to Gov. Bar R. X(6)(H), the
Clerk of this court send certified copies of this order to those
persons or organizations named in Gov. Bar R. V(8)(D)(1), and that
publication be made as required under Gov. Bar R. X(6)(H).