Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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January 13, 2005

Today's topics:  constitution, criminal procedure, death penalty, employment discrimination, habeas corpus, intellectual property, race discrimination, right of counsel, trade dress

Ohio Supreme Court

No Opinions

First District Court of Appeals

No Opinions

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

Barner v. Pilkington North Amer. (January 13, 2005) (appeal from N.D. Ohio)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0018p-06.pdf

Appellants sued Pilkington for violation of Title VII, race discrimination, experienced through Pilkington's apprenticeship program.  Appellants sought to introduce evidence of a Pilkington employee repeating what 2 former employees had said.  The district court excluded the testimony as hearsay.  A jury found for the defendants.  Affirmed.

 

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

Hale v. Kart (January 13, 2005) (appeal from E.D. Mich.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0017p-06.pdf

Plaintiff Hale brought § 1983 action against police officers and municipalities.  District court dismissed all defendants except for Kart.  Kart appeals failure to award him summary judgment on grounds of qualified immunity.  Reversed and remanded with directions to enter summary judgment for Kart.
 

Payne v. Bell (January 13, 2005) (appeal from W.D. Tenn.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0022p-06.pdf

Payne was sentenced to death and district court denied writ of habeas corpus.  Payne appealed, alleging three 8th Amendment violations.  Reversed sentence and remanded to district court to issue conditional writ of habeas corpus.
 

Tumblebus v. Cranmer (January 13, 2005) (appeal from W.D. Ky.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0021p-06.pdf

Cranmer appealed district court's award of preliminary injunction to plaintiff on defendant's use of "Tumblebus" mark and related trade dress.  Affirmed in part, vacated in part, and remanded for further consideration of preliminary injunction.
 

United States v. Martin (January 13, 2005) (appeal from E.D. Mich.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0019p-06.pdf

Martin was convicted by jury of felon in possession of firearm.  Martin appealed district court's denial of motion to suppress weapon and sufficiency of the evidence.  Affirmed.
 

United States v. Osborne (January 13, 2005) (appeal from W.D. Ky.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0020p-06.pdf

Defendant was represented by same lawyer as co-defendant, and husband.  Defendant pleaded guilty.  Defendant appeals on basis that dual representation violates Sixth Amendment right to conflict-free counsel.  Judgment vacated and remanded to district court for hearing on issue.

Daily Case Updates