On January 23, 2013, the Ohio Supreme Court entered the following order:
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals' entry filed November 5, 2012:
"Whether company benefits, such as a company car, can be included as income for the purpose of child support calculations if the benefits the party receives do not come from self-employment, as proprietor of a business, or as a joint owner of a partnership or closely held corporation."
The conflict case is Spier v. Spier, 7th Dist. No. 05 MA 26, 2006 Ohio 1289.
Sua sponte, cause consolidated with 2012-1674, Morrow v. Becker, Medina App. No. 11CA0066-M, 2012 Ohio 3875."
The Ninth District held that such benefits could be included as income for purposes of child support calculations.
Showing posts with label certification of conflict between appellate districts. Show all posts
Showing posts with label certification of conflict between appellate districts. Show all posts
Tuesday, April 02, 2013
Ohio Supreme Court Certifications of Conflict for February of 2013
February 6, 2013
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed December 13, 2012:
"If a court commits a child to a secure facility, does R.C. 2152.83(B)(1) permit the court to conduct a classification hearing at the time of disposition?"
O'Donnell , J., dissents.
The conflict case is In re B.G., 5th Dist. No. 2011-COA-012, 2011 Ohio 5898.
In re I.A., 134 Ohio St. 3d 1447 (Ohio 2013)"
February 20, 2013
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' entry filed December 17, 2012:
"A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]"
The conflict cases are State v. Gillespie, 5th Dist. No. 2012-CA-6, 2012 Ohio 3485, 975 N.E.2d 492, and State v. David, 5th Dist. No. 11-CA-110, 2012 Ohio 3984.
O'Donnell , J., dissents.
O'Connor , C.J., not participating.
State v. Taylor, 134 Ohio St. 3d 1466 (Ohio 2013)"
February 20, 2013
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed October 23, 2012:
"Is R.C. 2905.05(A) unconstitutionally overbroad?"
The conflict case is State v. Clark, 1st Dist. No. C-040329, 2005 Ohio 1324.
Cause consolidated with 2012-2042, State v. Romage, Franklin App. No. 11AP-822, 2012 Ohio 3381, 974 N.E.2d 120.
State v. Romage, 134 Ohio St. 3d 1465 (Ohio 2013)"
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed December 13, 2012:
"If a court commits a child to a secure facility, does R.C. 2152.83(B)(1) permit the court to conduct a classification hearing at the time of disposition?"
O'Donnell , J., dissents.
The conflict case is In re B.G., 5th Dist. No. 2011-COA-012, 2011 Ohio 5898.
In re I.A., 134 Ohio St. 3d 1447 (Ohio 2013)"
February 20, 2013
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' entry filed December 17, 2012:
"A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]"
The conflict cases are State v. Gillespie, 5th Dist. No. 2012-CA-6, 2012 Ohio 3485, 975 N.E.2d 492, and State v. David, 5th Dist. No. 11-CA-110, 2012 Ohio 3984.
O'Donnell , J., dissents.
O'Connor , C.J., not participating.
State v. Taylor, 134 Ohio St. 3d 1466 (Ohio 2013)"
February 20, 2013
"On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' entry filed October 23, 2012:
"Is R.C. 2905.05(A) unconstitutionally overbroad?"
The conflict case is State v. Clark, 1st Dist. No. C-040329, 2005 Ohio 1324.
Cause consolidated with 2012-2042, State v. Romage, Franklin App. No. 11AP-822, 2012 Ohio 3381, 974 N.E.2d 120.
State v. Romage, 134 Ohio St. 3d 1465 (Ohio 2013)"
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