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!

February 9, 2005

Today's topics:   §1983, asylum, bankruptcy, child support, criminal, DNA testing, equitable relief, ERISA, firing bankrupt employee, immigration, insufficient evidence, municipal liability, negligence, promissory note, sentencing, slip and fall, temporary restraining order, zoning

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

State. v. Bolden (February 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040229.doc
Judgment entry not opinion of court.  Bolden appeals murder and aggravated robbery convictions, based on insufficient evidence,   Reversed.

State v. Thomas (February 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040191.doc
Judgment entry not opinion of court.  Thomas appealed his convicted of having a weapon while under a disability.  (ORC 2923.13(A)(3)).  Affirmed.

Other State District Court of Appeals

Andamasaris v. Annunciation Greek Orthodox Church (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-475.pdf

Summary judgment de novo negligence duty slip and fall liquid on the floor premises owner business invitee open and obvious.

Ohlemacher v. Ohlemacher (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-474.pdf

Child support obligation – deviation – child support schedule – rebuttable presumption – combined gross income – best interests of the children abuse of discretion – law of the case doctrine – issue preclusion – R.C. 3113.215 – R.C. 3113.215(B)(2)(b) – attorney’s fees.

Marsillo v. Stow City Council (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-473.pdf

Administrative appeal floodplain zoning R.C. 2506.01.

State v. Hickman (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-472.pdf

Application for DNA testing---R.C. 2953.73---rejection of application---post conviction remedy---final appealable order---dismissed.

Fields v. Fields (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-471.pdf

Divorce – modification – deviation – abuse of discretion – R.C. 3119.60 – R.C. 3119.23 – R.C. 3119.22 – R.C. 3119.63 – child support calculation worksheet.

State v. Tellington (9th District) (February 9, 2005)

http://www.sconet.state.oh.us/rod/newpdf/9/2005/2005-ohio-470.pdf

R.C. 2925.03(A)(1) – cocaine – controlled buy – de novo – motion to suppress – Crim.R. 29 – manifest weight – sufficiency – Drug Enforcement Agency -DEA.

State ex rel. Ward v. Ohio Adult Parole Auth. (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-469.pdf

Petitioner is not entitled to a writ of prohibition to order the Ohio Adult Parole Authority to refrain from placing him on post-release control. An action for a writ of prohibition is not proper to challenge the APA's decision to impose post-release control. Therefore, the APA's Civ.R. 12(B)(6) motion to dismiss is granted, and the Civ.R. 56 motion for summary judgment is rendered moot.

Reasoner v. Columbus (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-468.pdf

Trial court did not err in granting motion for summary judgment.

State of Ohio Crime Victims Reparations Fund v. Buzzard (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-467.pdf

Trial court properly denies defendant's Civ.R. 60(B) motion as untimely when motion filed two years after judgment.

State v. Walker (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-466.pdf

Trial court made the necessary findings to impose greater than the minimum sentence on three drug counts.

State ex rel. Lindsay v. Indus. Comm. (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-465.pdf

Temporary total disability; writ denied.

Coey v. Dave Gill Ponitac-GMC, Inc. (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-464.pdf

Trial court lacks jurisdiction to decide motion for new trial filed more than 14 days after judgment. Plaintiff who receives no monetary damages from jury verdict is not entitled to recover attorneys' fees because she is not a prevaiilng party.

Sprouse v. Eisenman (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-463.pdf

Trial court's grant of motion for judgment on the pleadings affirmed where plaintiff's complaint fails to allege sufficient facts to overcome defendant-attorney's qualified immunity from third-party suits.

State v. Franks (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-462.pdf

Trial court did not abuse its discretion in denying defendant's Crim.R. 32.1 post-sentence motion to withdraw guilty plea where defendant failed to demonstrate manifest injustice. Trial substantially complied with mandates of Crim.R. 11 and sufficiently notified defendant about post-release control.

State v. Walker (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-461.pdf

Appellant's petition for post-conviction relief asserting ineffective assistance of counsel was properly overruled where he failed to submit evidentiary documents containing sufficient operative facts to support his claim for relief.

Wynn v. Ohio Dept. of Job & Family Services (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-460.pdf

Court of Claims' decision granting summary judgment in favor of the Ohio Department of Job & Family Services affirmed when actions complained of were that of a Franklin County Child Support Enforecment Agency employee and not an employee of a state agency.

Vrable v. Extendicare Health Serv. Inc., (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-459.pdf

Plaintiff and defendant entered into a promissory note which called for simple interest on a declining balance principal with the principal being recalculated every six months until the final balloon payment was due. Due to no fault of either party, there was a cessation of payment and a delay before the final balloon payment was made. The trial court held that interest should be compounded during the period of delay. The court of appeals reversed, holding that simple interest means that interest will not be charged on interest, but only on principal.

State v. Horton (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-458.pdf

Defendant's convictions for complicity in aggravated murder and kidnapping were not against the manifest weight of the evidence and were supported by legally sufficient evidence. Trial court, over defense objections, did not err when it admitted "other acts" evidence. Trial court's jury charge, when considered as a whole, did not probably mislead the jury in a matter materially affecting defendant's substantial rights. Judgment affirmed.

State v. Parsons (10th District) (February 8, 2005)

http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-457.pdf

A direct appeal is the proper way to challenge a sentencing order containing an incorrect calculation of jail-time credit.

U.S. Sixth Circuit Court of Appeals Ohio Cases

Ramsey v. Formica Corp. (February 9, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0060p-06.pdf
Plaintiffs sought temporary restraining order under Employee Retirement Income Security Act (ERISA) to stop Formica, their employer, from reducing their pension benefit payments.  Formica had mistakenly been overpaying benefits, and had reduce them to reflect a more accurate accounting.  District court dismissed state law claims and found that the TPO to stop Formica paying reduced benefits was not a remedy allowed under ERISA.  Affirmed.

United States v. Davis (February 9, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0064p-06.pdf
Davis appealed bank fraud conviction and sentence.  Affirmed conviction, vacated sentence in light of U.S. v. Booker and remanded for resentencing.

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

 Hasan v. Ashcroft (February 9, 2005) (Appeal from Board of Immigration Appeals)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0062p-06.pdf
Hasan appealed immigration judge's ruling denying asylum, ordering removal, and protection under the Convention against Torture.  The Board of Immigration Appeals affirmed.  Appeal dismissed in part for lack of jurisdiction, and affirmed on the denial of asylum.

Thomas v. City of Chattanooga (February 9, 2005) (Appeal from E.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0061p-06.pdf
The district court granted summary judgment to the City in Thomas' suit alleging policy or practice condoning excessive use of force by the City's police.  Affirmed.

White v. Kentuckiana Livestock Market, Inc. (February 9, 2005) (Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0063p-06.pdf
The Whites filed Chapter 7 bankruptcy and 3 days after their bankruptcy notice appeared in the paper, their employer fired them.  The district court found that, based on other facts, their firing had not been solely due to the bankruptcy filing.  Affirmed.

Daily Case Updates