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.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list. Not a member? Join today!

January 27, 2005

Today's topics: child endangerment, contracts, court costs, criminal law, real estate, sufficiency of evidence, warranties

Ohio Supreme Court: No Opinions
First District Court of Appeals: Residential Warranty Corp. v. Majestic Properties (January 26, 2005); http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040236.doc
Majestic and Residential Warranty had contract where Residential issued warranties on condos offered by Majestic for sale. Residential sued Majestic for fees incurred in honoring warranties, and Majestic counterclaimed on damage to reputation. The trial court found for Majestic on Residential's claim, and for Residential on Majestic's claim. Majestic filed a motion for fees, based on contract's language relating to fees, and was denied. Majestic appeals denial of fees. Reversed and remanded.

State v. Ables (January 26, 2005); http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2003/C-030924.doc; Ables convicted of unlawful sexual conduct (ORC § 2923.02(A)) and importuning (ORC §2907.07(E)(2). Appealed conviction on basis of First Amendment violation and sufficiency of evidence. Affirmed, noting that no-contest plea admitted essential elements of offenses alleged in indictments.

State v. Booker (January 26, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040321.doc
Booker, convicted of child endangerment (ORC § 2919.22), appeals based on sufficiency of evidence, that the State failed to prove the identify of the child victims and that she had failed to create a substantial risk. Affirmed.

State v. Larkin (January 26, 2005); http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004 /C-040115.doc; Larkin, convicted of child endangerment (ORC § 2919.22(A)), appeals on the basis that the evidence was insufficient to support the convictions. Reversed.
U.S. Sixth Circuit Court of Appeals - Ohio Cases: No Opinions
U.S. Sixth Circuit Court of Appeals - Other States Cases: No opinions.

Law Blog

Daily Case Updates