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 14, 2005

Today's topics:   best interests of the child, child support, custody, domestic relations, evidence tampering, indigent defendant, motion in limine, prior bad acts, prosecutorial misconduct, res judicata, sentencing, spousal support, waiver of counsel

Ohio Supreme Court | Ohio First District | Other Ohio Districts
U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

No opinions.

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

No opinions.

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

No opinions.

Other Ohio State District Court of Appeals

In re Hamblett (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-550.pdf
Custody--non-parent--unsuitable--preponderance of the evidence--fundamental right. 2/14/2005

Myers v. Deuyour (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-547.pdf 
Trial court did not err in establishing child support arrearages without an evidentiary hearing where appellant was served with motion and notice of hearing but failed to attend. Appellant's objection to trial court's findings of amounts of arrearages is based on information presented at proceedings in 1996 and, therefore, is barred by res judicata.

State v. Allen (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-551.pdf
Tampering with evidence-obstructing justice-felony child endangering-assault-manifest weight-insufficient evidence.

State v. Brooks (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-548.pdf
When taken in context of the entire statement, defense counsel's statement in his mini-opening statement that what the prosecution had said was true did not admit appellant's guilt of the charged offense and did not render counsel ineffective. The prosecution's questioning of the confidential informant did not violate the court's ruling on appellant's motiion in limine where the questioning did not elicit a response relating to prior bad acts of the appellant.

State v. Felder (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-546.pdf
Indigent defendant's ability to pay restitution, court costs, and attorneys' fees; R.C. 2929.18; R.C. 2947.23.

State v. Scott (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-549.pdf
Miranda; possession; sufficiency of the evidence; weight of the evidence.

on in limine where the questioning did not elicit a response relating to prior bad acts of the appellant.

State v. Trubee (3d District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/3/2005/2005-ohio-552.pdf
R.C. 2929.14(B); Blakely v. Washington; United States v. Booker; felony sentencing; withdrawal of guilty plea.

Barnes v. Barnes (5th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/5/2005/2005-ohio-544.pdf
DOMESTIC RELATIONS - spousal support; R.C. 3105.18(E); express reservation of continuing jurisdiction; effect of contingency in settlement agreement; applicability of Civ.R. 60(B).

In re Joemiydie L. (6th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/6/2005/2005-ohio-537.pdf
When making a legal custody decision pursuant to R.C. 2151.353, the "best interest of the child" standard is to be applied. Unlike legal custody cases brought pursuant to R.C. 2151.23(A)(2), the trial court is not required to make a finding of parental unsuitability.

In re Pedro R. (6th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/6/2005/2005-ohio-539.pdf
Trial court did not abuse its discretion in denying appellant's motion to convey.

State v. Anderson (6th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/6/2005/2005-ohio-534.pdf
Sufficient evidence to submit the case to the jury and conviction was not contrary to the manifest weight of the evidence. No prosecutorial misconduct in making certain statements to the jury.

State v. Ball (6th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/6/2005/2005-ohio-535.pdf
The trial court failed to make the necessary findings prior to the imposition of consecutive sentences. R.C. 2929.14(E)(4); Comer.

State v. Bumphus (6th District) (February 11, 2005)
http://www.sconet.state.oh.us/rod/newpdf/6/2005/2005-ohio-536.pdf
Trial court erred in permitting appellant to represent himself on serious offenses when it failed to obtain a written waiver of counsel and did not substantially comply with the requirements of Crim.R. 44 (C). The court also permitted hybrid representation, creating an issue regarding claims of ineffective assistance of counsel.

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