Daily Case Update Archive

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Dec. 10th, 2008

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

TOPICS:
- Civ.R. 41(A)(1)
- Criminal law — Aggravated murder
- App.R. 26(B)
- Sentencing / Evidence / Jury communication / Prosecutorial misconduct
- Breach of Contract / Punitive-damage award
- Interpreter under oath / Ineffective counsel / DNA sample
- Evidence / Hearsay / Sentencing
- City Income Tax / Community Control violation
- Search & Seizure / Consent / Length of Stop
- Trade secrets
- Evidence / Sentencing / Post-release control
- Indictment / structural defect
- Plea / Knowing, intelligent, and voluntary / Community control conditions
- Construction Loan / Guaranty of Payment and Completion / Cognovit Clause
- Anders v. California
- Landlord Tenant Law
- Public money, property or records embezzle
- National Traffic and Motor Vehicle Safety Act
 

Ohio Supreme Court

 

U.S. Bank Natl. Assn. v. Gullotta (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6268)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6268.pdf
-  Civ.R. 41(A)(1) — “Two-dismissal rule” — Adjudication on the merits — Res judicata — Foreclosure actions.

State v. Diar (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6266)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6266.pdf
-  Criminal law — Aggravated murder — Death penalty vacated.

State v. Fikes (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6265)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6265.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Davis and cause remanded.

State v. Clardy (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6264)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6264.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Davis and cause remanded.

State v. Lipscomb (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6263)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6263.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Davis and cause remanded.

State v. Render (Slip Opinion) (Dec. 10, 2008)(2008-ohio-6262)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6262.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Davis and cause remanded.

State v. Harris (Slip Opinion)(Dec. 10, 2008)(2008-ohio-6261)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6261.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Davis and cause remanded.
 

First District Court of Appeals

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*** Judgment Entries ***

State of Ohio vs. Ralph Carusone (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070653_12102008.pdf
-  Carusone was indicted for two counts of murder. Count one alleged that Carusone had purposefully caused the death of Derek Rininger. Count two alleged that Carusone had caused Rininger’s death while committing or attempting to commit felonious assault. The jury acquitted Carusone of count one, but found him guilty of count two. The trial court sentenced Carusone to 15 years to life in prison. When Carusone had committed the murder, he had been on community control for reckless homicide and possessing cocaine. His community control was terminated in both cases, and he was given consecutive sentences of six years and twelve months respectively. Judgment AFFIRMED and REMANDED to the trial court with instructions to properly calculate and journalize Carusone’s jail-time credit.

Margaret Casarez vs. Larry Meehan (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070891_12102008.pdf
-  Casarez filed suit against Meehan for breach of contract and conversion. The jury found in favor of Casarez and awarded her compensatory damages of $212,029 and punitive damages of $125,000. Casarez was also awarded attorney feeive motions for judgment notwithstanding the verdict, a new trial, or remittitur, which the trial court denied. Judgment AFFIRMED.

State of Ohio vs. Santos Canales (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080072_12102008.pdf
-  Santos Canales was indicted for three counts of trafficking in cocaine, two counts of possessing cocaine, two counts of trafficking in marijuana, one count of possessing marijuana, and one count of failing to comply with the order of a police officer. An aggregate sentence of eight years’ incarceration was imposed. Canales alleges (1) that the trial court erred in failing to administer an oath to the interpreter, (2) denied the effective assistance of counsel because defense counsel failed to object to the interpreter not being questioned about his qualifications and not being administered an oath, and (3) the court did not adequately inform Canales about the requirement that he submit a DNA sample and the consequences of failing to provide a sample. Judgment AFFIRMED.

State of Ohio vs. Terry S. Bell (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080122_12102008.pdf
-  Bell was convicted after a bench trial of two counts of theft by deception. He was sentenced to 180 days in the Hamilton County Justice Center for each offense, to be served consecutively, with credit for time served. He was also ordered to pay restitution. JUdgment AFFIRMED.

State of Ohio vs. William M. Aluqdah (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080136_12102008.pdf
-  Aluqdah appeals the trial court’s judgment revoking his community control and imposing a 180-day sentence. Judgment AFFIRMED.

State of Ohio vs. Aaron Harper (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080172_12102008.pdf
-  Harper pleaded no contest to possession of cocaine. He was placed on community control. Harper violated his community control by subsequently testing positive for cocaine less than a month after sentencing. His community control was terminated, and he was sentenced to 180 days in the Hamilton County Justice Center, with credit for 37 days. he argues that the traffic stop was impermissibly lengthened beyond the scope of the reason for the stop and he did not voluntarily consent to the search of his person. Judgment AFFIRMED.

The Edlong Corporation vs. Sudarshan Nadathur, et al. (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080176_12102008.pdf
-  Edlong claimed violations of the Ohio Trade Secrets Act and breach of the confidentiality agreement, and requested injunctive relief. Givaudan and Nadathur counterclaimed for tortious interference with a business relationship and tortious interference with employment relations. After a bench trial, the court refused Edlong’s request for an injunction, finding that although Nadathur’s Givaudan position was substantially similar to his Edlong position there was no evidence that Nadathur or Givaudan had misappropriated any of Edlong’s trade secrets, and that there was insufficient evidence that Nadathur would inevitably disclose Edlong’s trade secrets. Judgment AFFIRMED.

State of Ohio vs. Montez Cockrell (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080194_12102008.pdf
-  Cockrell was convicted of two counts of felonious assault under R.C. 2903.11(A)(2), one count of felonious assault under R.C. 2903.11(A)(1), and one count of having weapons while under a disability under R.C. 2923.12(A)(2). The three felonious-assault convictions all had accompanying firearm specifications. The trial court sentenced Cockrell to serve a total of 11 years in prison. We affirm the findings of guilt but reverse the sentences imposed and remand the case for further proceedings.

State of Ohio vs. Allen Higgins (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080208_12102008.pdf
-  Higgins was indicted for possession of cocaine and trafficking, both feloge for his guilty plea, the state reduced the possession charge to a third-degree felony and dismissed the trafficking charge. The trial court sentenced Higgins to four years in prison. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record to determine whether the proceedings below were free from prejudicial error. Judgment AFFIRMED.

State of Ohio vs. Wesley Gill (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080249_12102008.pdf
-  Gill pleaded guilty to one count of aggravated robbery and one count of having weapons while under a disability. The two felony-murder counts were reduced to two counts of involuntary manslaughter under R.C. 2903.04(A), and Gill pleaded guilty to the lesser offenses. The state dismissed the kidnapping count. The trial court sentenced Gill to serve a total of 25 years’ imprisonment. Gill contends that he was prejudiced by a structural defect in the indictment. Judgment AFFIRMED.

State of Ohio vs. Charles Valentine (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080263_12102008.pdf
-  Valentine pleaded guilty to theft, a felony of the fourth degree. He was placed on community control for three years and sentenced to 180 days. Valentine argues that his plea was not knowing, voluntary, and intelligent because he was improperly informed that he faced a mandatory period of post-release control and that there could be a penalty if he refused to submit a DNA sample. Judgment AFFIRMED.

State of Ohio vs. Charles Blasingame (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080276_12102008.pdf
-  Blasingame pleaded guilty to one count of felony nonsupport in violation of R.C. 2919.21(A). In exchange for the guilty plea, the state dismissed a second count of felony nonsupport. The trial court conducted the required voluntariness colloquy, accepted the plea, found Blasingame guilty, and sentenced him to four years of community control. Under Anders, this court is now charged with the task of independently reviewing the record for any prejudicial errors that would warrant the reversal of the trial court’s judgment. Judgment AFFIRMED.

Lasalle Bank National Association vs. Michael R. Macke, et al. (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080300_12102008.pdf
-  Defendant-appellant, Carl F. Tuke, Jr., appeals the judgment of the Hamilton County Court of Common Pleas denying his motion for relief from a judgment entered in favor of plaintiff-appellee, LaSalle Bank, N.A., on a contractual guaranty. Judgment AFFIRMED.

State of Ohio vs. Joseph M. Dennie (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080335_12102008.pdf
-  Dennie was charged with various offenses in three separate indictments: one count of possession of heroin in the case numbered B-0710457, six counts of forgery and one count of theft in the case numbered B-0710597, and two counts of forgery and two counts of theft in the case numbered B-0800627. Dennie entered guilty pleas to all counts. The trial court accepted Dennie’s pleas and sentenced him to four years of community control with various conditions, including restitution for the forgery and theft convictions. Appointed counsel for Dennie has filed a brief in accordance with Anders v. California. Judgment AFFIRMED.

State of Ohio vs. Derrick Fritsch (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080363_12102008.pdf
-  As part of a plea agreement, defendant-appellant, Derrick Fritsch, pleaded guilty to one count of carrying a concealed weapon under R.C. 2923.12(A)(2). The trial court sentenced him to 180 days’ imprisonment and four years of community control. Fritsch’s counsel now asks this court to conduct an independent review of the record to determine whether the proceedings below were free from prejudicial error. Judgment AFFIRMED.

State of Ohio vs. Precious White (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080384_12102008.pdf

-  White was charged with one count of aggravated burglary, a first-degree felony, in violation of R.C. 2911.11(A)(1), and two counts of felonious assault, both second-degree felonies, in violation of R.C. 2903.11(A)(1) and (2). White pleaded guilty to one count of felonious assault in exchange for the state’s dismissing the other two charges. White was sentenced to eight years in prison, with credit for time served, and ordered to pay restitution. White was advised of post-release control and her right to appeal. On appeal, counsel for White has filed a brief in accordance with Anders v. California, stating that counsel has conscientiously reviewed the record and has found no nonfrivolous grounds on which to appeal. Judgment AFFIRMED.

John Kutney, Sr. vs. Toby Goldstein (Dec. 10, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080499_12102008.pdf
-  Kutney sued Goldstein for the unpaid rent. Goldstein filed counterclaims against Kutney for the expenses she had incurred when she was forced to stay in a hotel, for the improvements she had made to the property, and for the property damage caused by the flooded basement. The trial court found for Kutney for the unpaid rent, but offset the award by the amount of the security deposit Goldstein had paid and by part of the hotel bills. While Goldstein raises three assignments of error, the appeal is basically an attack on the weight of the evidence. Judgment AFFIRMED.
          

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

 

No Opinions.
      

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

 

USA v. Hall AND
USA v. Reeder (Dec. 10, 2008)(Appeal from E.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0441p-06.pdf
-  Defendants-Appellants Reginald Hall and David Reeder appeal their convictions and sentences; Hall was convicted of conspiracy to commit money laundering, theft of government property, and money laundering, and Reeder was convicted of aiding and abetting money laundering. Hall contends that the district court erred in denying his motion to dismiss the indictment on the ground that the funds at issue were not government property for the purpose of 18 U.S.C. § 641. In addition, defendants claim that the government failed to present sufficient evidence to establish all the elements of theft, and that their convictions must therefore be vacated. We conclude that the government adequately established both that the funds were government property and that a theft was committed, and AFFIRM.

Intermodal Technologies, Incor v. Mary Peters (Dec. 10, 2008)(Appeal from E.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0442p-06.pdf
-  In this appeal, InterModal claims that the National Highway Traffic Safety Administration (NHTSA) acted arbitrarily and capriciously in denying its application for a temporary exemption from a tractor-trailer safety standard. Because NHTSA acted within its discretion in interpreting and applying its own regulation, we affirm.