Court Rulings

Appellee, a tenured high school teacher, petitioned for judicial review of Appellant Shelby County Board of Education's decision to terminate his employment. Without making findings to explain its reasoning, the trial court remanded the case to the school board for a second hearing. From our review, neither party argued that the school board's initial hearing was procedurally deficient. As such, the trial court's decision to remand the case to the school board, without findings to support such decision, was error. Vacated and Remanded

The Defendant, Corey Allen Harris, was convicted after a jury trial of attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony, and he received an effective eighteen-year sentence. The Defendant filed a motion for a new trial asserting that the evidence was insufficient and that the prosecutor's argument was so improper as to constitute plain error. On appeal, the Defendant renews the challenges to the sufficiency of the evidence and the prosecutor's closing argument, and he asks for relief based on the omission from the jury instructions of the statutory definition of attempt. Because the jury was not properly instructed on the elements of the offense of attempted second degree murder, we reverse the convictions for attempted second degree murder and employment of a firearm during the commission of attempted second degree murder, and we remand for further proceedings. The aggravated assault conviction is affirmed.

Retaliation discrimination Civ.R. 53 objections to magistrate's decision. Plaintiffs, employees of the Ohio State Racing Commission (OSRC), objected to the magistrate's decision recommending judgment for defendant. Plaintiffs alleged OSRC retaliated against them for engaging in the protected activity of filing a discrimination complaint with the Ohio Department of Administrative Services Office of Equal Opportunity (OEO). After a review of the magistrate's decision and the evidence submitted, the court found that the retaliatory actions alleged by plaintiffs were insufficient to dissuade an employee from alleging discrimination. Further, the court found that these actions were supported by legitimate business purposes. Accordingly, the court overruled plaintiffs' objections to the magistrate's decision and rendered judgment for defendant.