Daily Case Update Archive

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November 17th, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Speedy Trial
- Negligence
- Sex Offenses - Constitutional Law/Criminal
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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State v. Kristofferson (Nov. 17, 2006)
-  http://www.sconet.state.oh.us/rod/newpdf/1/2006/2006-ohio-6046.pdf
-  The trial court erred in overruling the defendant's motion to
dismiss on speedy-trial grounds, where the state failed to bring the
defendant to trial within 90 days of his arrest for a first-degree
misdemeanor. A time-waiver executed for an initial
driving-under-the-influence charge was not applicable to a later
driving-under-the-influence charge arising from the same set of
circumstances. (State v. Adams [1989], 43 Ohio St.3d 67, 538 N.E.2d
1025, followed.)
 
Jackson v. CSX Transp., Inc. (Nov. 17, 2006)
-  http://www.sconet.state.oh.us/rod/newpdf/1/2006/2006-ohio-6045.pdf
-  Where a former employee of a railroad brought an action under the
Federal Employer's Liability Act ("FELA") for injuries, including toxic
encephalopathy, allegedly resulting from the railroad's negligence in
exposing the employee to toxic chemicals and solvents, the trial court
erred in granting summary judgment in favor of the railroad on the basis
of FELA's three-year statute of limitations: There existed genuine
issues of material fact as to when the employee's brain injury occurred,
whether the employee should have investigated sooner the possibility of
permanent injury, and when the employee knew or should have known of his
injury and its cause; and there was nothing in the record to distinguish
between the temporary symptoms of non-injurious exposure to solvents and
the symptoms of toxic encephalopathy, a latent brain injury.
 
State v. Hawkins (Nov. 17, 2006)
-  http://www.sconet.state.oh.us/rod/newpdf/1/2006/2006-ohio-6044.pdf
-  The defendant's guilty plea to rape was not unknowing or involuntary
as a result of the failure of the trial court and defense counsel to
inform him that DNA evidence collected by parole authorities for a
previous offense was inadmissible: R.C. 2901.07, the statute authorizing
DNA collection from convicted felons, was not improperly given
retroactive application, when, under the 2006 amendments to the statute,
the collection of DNA samples is authorized regardless of the date of
the underlying conviction or guilty plea. The trial court did not err in
adjudicating the defendant a sexual predator, where the defendant had
broken into the elderly victim's apartment and repeatedly raped her at
knifepoint; he had an extensive criminal record that included numerous
burglaries and robberies involving elderly victims; and he was in
violation of his post-release control at the time of the sexual-predator
hearing.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

No Opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

No Opinions.