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 7, 2005

Today's topics:  aggravated felony, Brady violation, civil procedure, criminal, diversity jurisdiction, divorce, DUI, immigration, negligence, oxycontin, removal, spousal support, traffic control, wrongful manufacture

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

No opinions.

Other State District Court of Appeals

Gould v. Gould (12th Circuit) http://www.sconet.state.oh.us/rod/newpdf/12/2005/2005-ohio-416.pdf
Divorce; abuse of discretion; spousal support; marital property; clerical error.

State v. Carr (12th Circuit) http://www.sconet.state.oh.us/rod/newpdf/12/2005/2005-ohio-417.pdf
Motion for new trial; Brady violation; material evidence; exculpatory.
State v. Osborne (12th Circuit) http://www.sconet.state.oh.us/rod/newpdf/12/2005/2005-ohio-415.pdf
DUI; manifest weight.
State v. Walters (12th Circuit) http://www.sconet.state.oh.us/rod/newpdf/12/2005/2005-ohio-418.pdf
Motion to suppress; traffic control device; probable cause; traffic violation.

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

Liao v. Rabbett (February 7, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0053p-06.pdf
Liao was convicted of minor drug violations, including a fifth-degree felony.  The Immigration and Naturalization Service (INS) (now the Department of Homeland Security) commenced removal proceedings against Liao, who was a resident alien.  His removal was approved by an immigration judge and affirmed, on appeal, by the Board of Immigration Appeals.  Liao filed a petition for writ of habeas corpus, and the district court found that his drug conviction did not meet the level of "aggravated felony" as required by the removal statute.  The district court granted the writ, giving Liao leave to seek cancellation of the removal order.  Affirmed.
 

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

 DaWalt v. Purdue Pharma, L.P. (February 7, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0054p-06.pdf
DaWalt and other Oxycontin plaintiffs sued Purdue Pharma in state court alleging wrongful manufacture and other negligence.  Purdue attempted to remove the case to Federal court.  The district court remanded the case, for lack of subject jurisdiction because the complaint raised only state law claims, and dismissed a medical monitoring claim.  Both parties appealed the remand.  Affirmed, for lack of appellate jurisdiction, and vacated dismissal of medical monitoring claim..

Daily Case Updates