Daily Case Update Archive

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Dec. 17th, 2008

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

TOPICS:
- Sentencing / Community Control
- Family Law / Custody / Abuse of discretion
- Intentional tort and negligence / Employer / Third Party's act
- Sentencing / Due-process rights / Ineffective Counsel
- Evidence / Sufficient / Manifest weight / Hearsay
- Sentencing / Postconviction petition / Plea involuntary
- Affirmative defense of duress / Ineffective counsel / Sufficiency of evidence
- Plea involuntary / Ineffective counsel / Mens Rea
- Landlord Tenant / Forcible entry and detainer / Federal subsidized-housing guidelines
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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*** Judgment Entries ***

State of Ohio vs. Kenny Williams (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080311_12172008.pdf
-  Williams appeals from the trial court’s judgment revoking his community control and sentencing him to eight years in prison. Judgment AFFIRMED.
 
In Re: Lawrence Rousey and Lauren Rousey (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080198_12172008.pdf
-  Appellant, Lawrence Rousey, appeals a judgment of the Hamilton County Juvenile Court denying his petition for custody of his two children, Lauren Rousey and Lawrence Rousey, and awarding custody to their mother, Cecelia Latham. He argues that the trial court’s judgment was contrary to the manifest weight of the evidence. Judgment AFFIRMED.
 
Cleveland Earl Cummins vs. Budget Host Inn, et al. (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080143_12172008.pdf
-  Cummins sued the hotel, its owners, and the national Budget Host business, asserting claims of intentional tort and negligence. The trial court dismissed the case on summary judgment. Because the trial court incorrectly applied the law as to the Lees and Budget Host Inn, we reverse the trial court’s judgment and remand the case for the trial court to review the claims under the correct standard. In this case, the association between the national chain and the local hotel was loose, and the national chain had no input or control over security issues. For these parties only, we affirm the trial court’s judgment.
 
State of Ohio vs. Richard Bohannon, Jr. (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080130_12172008.pdf
-  Richard Bohannon, Jr., appeals his convictions for two counts of burglary, one count of misuse of a credit card, and one count of receiving stolen property. Bohannon appealed his conviction, and we affirmed it.2 Bohannon then filed a petition to set aside his conviction. The trial court denied the petition, and we affirmed that judgment. In February 2008, Bohannon was returned to the trial court for resentencing so that the court could inform him about post-release control. Bohannon asserts (1) that the trial court erred by imposing a sentence not supported by the record, (2) he was deprived of his due-process rights because his indictment did not specify the mens rea for burglary, and (3) that he was deprived of the effective assistance of counsel. Judgment AFFIRMED.
 
State of Ohio vs. Raymond Hilvert (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080060_12172008.pdf
-  Hilvert was convicted of sexual imposition, a violation of R.C. 2907.06(A)(1). Hilvert argues (1) that his conviction was not supported by sufficient evidence, (2) that his conviction was against the manifest weight of the evidence, and (3) that he was denied his right to a fair trial when the trial court invoked the excited-utterance exception to the hearsay rule. Judgment AFFIRMED.
 
State of Ohio vs. Albert Johnson (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080051_12172008.pdf
-  Johnson was convicted upon his guilty plea to involuntary manslaughter and was sentenced to ten years in prison. He did not appeal his conviction. Instead, he filed with the common pleas court a Crim.R. 32.1 motion to withdraw his plea and an R.C. 2953.21 petition for postconviction relief. Johnson appeals the Hamilton County Common Pleas Court’s judgment overruling his motion to withdraw his guilty plea. Judgment AFFIRMED.
 
State of Ohio vs. Michelle Robinson (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080018_12172008.pdf
-  Robinson was convicted of murder2 and two counts of aggravated robbery, all with accompanying gun specifications. She was sentenced to an aggregate prison term of 18 years to life. Robinson argues (1) that the trial court erred by failing to find that she had proved the affirmative defense of duress, (2) the sufficiency and weight of the evidence underlying her convictions, and (3) that her trial counsel was ineffective. Judgment AFFIRMED.
 
State of Ohio vs. Adam Myers (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070778_12172008.pdf
-  Myers was indicted for two counts of murder, one count of felonious assault, and one count of endangering children. Myers alleges that (1) the trial court erred in accepting his guilty plea because it was not knowing, intelligent, and voluntary, (2)  he was denied the effective assistance of counsel, and (3) the indictment was deficient because count one did not include a required mens rea for felony murder.  Judgment AFFIRMED.
 
Cincinnati Metropolitan Housing Authority vs. Donald Cockrell  (Dec. 17, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070647_12172008.pdf
-  Cockrell appeals from the trial court’s entry of judgment in favor of plaintiff-appellee, the Cincinnati Metropolitan Housing Authority (“CMHA”), on its complaint for forcible entry and detainer. Cockrell asserts that the trial court erred by ordering eviction where Cockrell’s rent had been stolen by friends he had invited into his apartment, and where he had tendered his rent only four days after the end of the seven-day period. Judgment AFFIRMED.
 

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

 

No Opinions.
      

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

 

No Opinions.