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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February 2, 2005

Today's topics:  criminal, criminal procedure, emergency search, evidence, insurance, motorist, negligence, personal injury, search warrant, sexual offender, suppression, uninsured, underinsured, warrantless search

Ohio Supreme Court

Pelc v. Hartford Fire Ins. Co. (February 2, 2005) 104 Ohio St. 3d. 639, 2005-Ohio-183
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-183.pdf
[judgments - law of the case - uninsured/underinsured motorist coverage]
Affirmed Court of Appeals (2004-Ohio-3438) based on the authority of Hopkins v. Dyer, 104 Ohio St. 3d. 461, 2004-Ohio-6769

Pillo v. Stricklin (February 2, 2005)  104 Ohio St. 3d 637, 2005-Ohio-184
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-184.pdf
[judgments - law of the case - uninsured/underinsured motorist coverage]
Affirmed Court of Appeals (2004-Ohio-1570) based on the authority of Hopkins v. Dyer, 104 Ohio St. 3d. 461, 2004-Ohio-6769

Shirley v. Republic-Franklin Ins. Co. (February 2, 2005) 104 Ohio St. 3d. 638, 2005-Ohio-182
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-182.pdf
[judgments - law of the case - uninsured/underinsured motorist coverage]
Affirmed Court of Appeals based on the authority of Hopkins v. Dyer, 104 Ohio St. 3d. 461, 2004-Ohio-6769
 

First District Court of Appeals

Henry v. SORTA\Metro Bus Company (February 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040288.doc
Henry injured her shoulder when the SORTA bus on which she was riding struck a car.  She sued SORTA for negligence.  The trial court granted SORTA's motion for summary judgment.  Affirmed.

Lobozzo v. Fucito (February 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040138.doc
Fucito owned a LaRosa's franchise, and alleged that Lobozzo, an employee, had been stealing from the restaurant, by taking cash and voiding sales to avoid detection.  Lobozzo resigned and Fucito reported the allegations to the Sheriff's department.  Lobozzo was indicted by a grand jury but the charges were dismissed when Fucito reported that the thefts had continued.  Lobozzo sued for malicious prosecution, but the trial court granted Fucito and the other defendants summary judgment.  Affirmed.

State v. Kinsner (February 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040221.doc
Kinsner was convicted of importuning and unlawful sexual conduct with a minor (ORC §§ 2907.04, 2907.07).  The trial court decided not to have a sexual offender hearing requested by the state.  The state appealed.  Reversed and remanded
 

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

Jordan v. Hurley (February 2, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0046p-06.pdf
Jordan, convicted of rape, filed a petition for writ of habeas corpus because state trial court deprived him of right to confrontation and right to due process..  District court denied petition.  Affirmed. 
 

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

United States v. Chambers (February 2, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0045p-06.pdf
Police seized a methamphetamine lab without a search warrant and evidence of the lab was suppressed by the trial court.  The government appealed.  Affirmed.

United States v. Oliver (February 2, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0047p-06.pdf
Oliver was convicted of possession of methamphetamine with intent to distribute.  Oliver appealed, based on trial court's failure to suppress evidence of warrantless search, and because of the court's enhancement of his sentence due to flight from the drug treatment facility in which he was placed.  Affirmed except as to sentence, which is vacated and remanded for resentencing in accordance with US v. Booker (large file in PDF).

Daily Case Updates