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 15, 2005

Today's topics:   §1983, Medicare act civil penalties, felony sentencing, nursing home, post-release control, sentencing, statute of limitations, waiver of appeal rights

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

B. P. Care, Inc. v. Thompson (February 15, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0071p-06.pdf
The US Department of Health and Human Services assessed civil penalties against West Chester Management Company, d/b/a Barbara Parke Care Center, for inadequate patient care at a nursing home leased and operated under a Medicare provider agreement.  B.P. Care took over management of the facility, and DHHS sought to collect the penalties from B.P Care, under successor liability.  B.P. Care sued, alleging that successor liability violated the Medicare Act's penalty provisions.  The district court dismissed all claims, either because of lack of subject matter jurisdiction or failure to state a claim.  Affirmed.
 

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

Roberson v. Tennessee (February 15, 2005) (Appeal from E.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0072p-06.pdf
Roberson was a medical student at East Tennessee State University and filed a civil rights action under 42 U.S.C. § 1983 against the university and the state.  The district court dismissed the claim because the statute of limitations had run.  Affirmed.

United States v. Murdock (February 15, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0073p-06.pdf
Murdock plead guilty to causing another to possess false documents with intent to defraud the US and was sentenced to 27 months.  He appealed his conviction and the government cross appealed, asserting that Murdock's plea agreement had a "waiver of appeal rights" clause.  Affirmed sentence, but denied cross-appeal because Murdock was not adequately informed of waiver's consequences.

Other Ohio State District Court of Appeals

State v. Parrett (12th District) (February 14, 2005)
http://www.sconet.state.oh.us/rod/newpdf/12/2005/2005-ohio-557.pdf
Sentence vacated because of failure to notify offender of post-release control at felony sentencing hearing.

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