03/11/2004 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 03/11/2004 Case Announcements, 2004-Ohio-1093.]

The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

March 11, 2004

MOTION AND PROCEDURAL RULINGS

2003-0899. State v. Moody.
Champaign App. No. 2002 CA 13, 2003-Ohio-1566. This cause is pending
before the court on the certification of a conflict by the Court of Appeals for
Champaign County. Upon consideration of appellee's motion for order
appointing new appellate counsel,

IT IS ORDERED by the court, sua sponte, that this matter be
remanded to the court of appeals for appointment of counsel.

IT IS FURTHER ORDERED by the court that appointed counsel shall
file a copy of the court of appeals' entry of appointment with the Clerk of
this court.

IT IS FURTHER ORDERED by the court that appellee's brief shall
be due 30 days from the date the court of appeals issues the order of
appointment of counsel.

2003-1766. State v. Bethel.
Franklin C.P. No. 00CR116600. This cause is pending before the court as a
death penalty appeal from the Court of Common Pleas of Franklin County.
Upon consideration of appellant's motion for extension of time to transmit
the record,

IT IS ORDERED by the court that the motion for extension of time to
transmit the record be, and hereby is, granted, and that the time for
transmitting the record be extended to April 28, 2004.

DISCIPLINARY CASES

2002-1461. Disciplinary Counsel v. Gardner.
Mark J. Gardner, Attorney Registration No. 0061172, is reinstated to the
practice of law.

2003-2228. Disciplinary Counsel v. Harp.
On Certified Order of the United States District Court for the Southern
District of Ohio, Western Division, No. 2:03MC50. Edward L. Harp,
Attorney Registration No. 0023236, is suspended from the practice of law
for one year.

MISCELLANEOUS ORDERS

In re Report of the Commission
:
on Continuing Legal Education.
:

E N T R Y
Jay Mitchell Moreland
:
(#0066281), :
Respondent. :

This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education ("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 2001-2002 reporting
period.

On December 5, 2003, this court adopted the recommendation of the
commission, imposed a sanction fee upon the respondent, and suspended the
respondent from the practice of law pursuant to Gov.Bar R. X(6)(B)(3) and
(5)(A)(4). The court 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), respondent
complies with the Supreme Court Rules for the Government of the Bar of
Ohio, respondent complies with this and all other orders of the court, and
this court orders respondent reinstated.

On March 1, 2004, the commission filed a recommendation pursuant
to Gov.Bar R. X(7)(B)(2), finding that the respondent has paid all fees
assessed for noncompliance, has made up all deficiencies and is now in full
compliance with all requirements of Gov.Bar R. X, and recommending that
the respondent be reinstated to the practice of law in Ohio. On March 1,
2004, the commission certified that respondent had completed the credit
hours of continuing legal education required during his suspension by this
court's order of suspension. Upon consideration thereof,

IT IS ORDERED by the court that the recommendation of the
commission be adopted and that respondent, Jay Mitchell Moreland, be
hereby reinstated to the practice of law.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2004-0267. Carriage Court Lancaster L.P. v. Fairfield Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2002-M-1843.

2004-0336. Trafalgar Corp. v. Miami Cty. Bd. of Commrs.
Miami App. No. 2002-CA-20, 2004-Ohio-177.

2004-0343. Vandalia-Butler City School Dist. Bd. of Edn. v.
Montgomery Cty. Bd. of Revision.
Board of Tax Appeals, No. 2002-V-1596.

2004-0364. Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2003-R-1813.

The following cases have been returned to the regular docket pursuant
to S.Ct.Prac.R. XIV(6)(E):

2004-0052. Higbee Co. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2002-T-2552, 2002-T-2569, and 2002-T-2571.

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