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 8, 2005

Today's topics: asylum, best interests of the child, court costs, criminal procedure, custody, divorce decree, dress code, first amendment, immigration, school policies, sentencing, sexual predator, sufficiency of indictment

Ohio Supreme Court: No opinions.
First District Court of Appeals: No opinions.

Other State District Court of Appeals: Bell v. Bell (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-421.pdf; The trial court acted within its jurisdiction and did not abuse its discretion when it granted the motion to clarify and interpreted an ambiguous portion of the divorce decree.; In re Hershberger & Smith (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-429.pdf; Finding that the juvenile court did make complete findings on the issue of the children's best interests and that its decision to grant permanent custody to the Allen County Children's Services Board is supported by clear and convincing evidence, the judgment of the court is affirmed.; Reyna v. Escobar (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-424.pdf; Trial court properly denied appellants' motion for relief from judgment issued by Texas county court where trial court had no authority to review award of collection costs and sale of home at sheriff's sale in Texas under Ohio law.; State v. Kitzler (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-425.pdf; 4511.19-guilty plea-plea agreement-induced-res judicata.; State v Morgan (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-427.pdf; Petition for post conviction relief filed six years after transcript filed in court of appeals is untimely. Alleged assignments of error barred by res judicata since they were raised in the direct appeal.; State v. Morgan (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-426.pdf; Trial court may impose and the clerk of court may attempt to collect court costs from an indigent defendant.; State v. Murphy (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-423.pdf; Whether the trial court abused its discretion in determining whether the defendant was mentally retarded according to State v. Lott; State v. Shephard (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-420.pdf; Sexual predator determination.; State v. Staup (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-419.pdf; Staup maintains that his consecutive sentences are contrary to law and not supported by the record.; State v. Veith (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-422.pdf; Sufficiency of the evidence; manifest weight of the evidence; ineffective assistance of counsel.; State v. Walling (3d District) (February 7, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-428.pdf; Crim R.32.1; manifest injustice standard to withdraw guilty plea after sentencing.

U.S. Sixth Circuit Court of Appeals - Ohio Cases: Dorosh v. Immigration & Naturalization Serv. (February 8, 2005) (Appeal from Board of Immigration Appeals)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0056p-06.pdf
Dorosh entered the U.S. as a visitor and overstayed time allowed. INS began removal proceedings and Dorosh applied for asylum. The immigration judge did not find the application credible and denied it. Dorosh appealed to the Board, which affirmed, although reversing the judge's credibility ruling. Affirmed.
U.S. Sixth Circuit Court of Appeals - Other States Cases: Blau v. Fort Thomas Public Sch. Dist. (February 8, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0058p-06.pdf
Blau challenged the school district's dress code policy, claiming constitutional violations. The district court granted summary judgment in favor of the school district. Affirmed.

Singh v. Ashcroft (February 8, 2005) (Appeal from Board of Immigration Appeals)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0057p-06.pdf
Singh applied for asylum and sought to block his removal by the INS. His application for asylum was denied by the immigration judge and this ruling was affirmed by the Board. Deny petition for review of the BIA decision, but vacate immigration judge decision for lack of finding of credibility and remand.

United States v. Douglas (February 8, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0055p-06.pdf
The government appealed the district court's dismissal of an indictment for insufficiency to plead an offense. Douglas and a co-defendant were charged with conspiracy to violate Federal labor laws, among other things. Reversed and remanded, finding offenses sufficiently alleged.

United States v. Harris (February 8, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0059p-06.pdf
Harris and his co-defendant appealed their convictions and sentences, based on U.S. v. Booker. The district court applied an enhanced firearms penalty based on 18 U.S.C. § 924. Affirmed convictions, vacated sentences and remanded for further proceedings.

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