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 16, 2005

Today's topics:   arbitration, bankruptcy, child custody, duty of care, juvenile delinquency, preferential transfer of assets, remedies: writ of mandamus, sentencing

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

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

Henke v. Purcell Marian H.S. (February 16, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040316.doc
Judgment entry - not opinion.  Henke went to a high school basketball game at Purcell Marian and had to park off the school's premises.  When he returned to his car after the game, he was assaulted.  He sued the school, City, and Archdiocese of Cincinnati, for breach of duty of care.  The trial court granted the defendants summary judgment.  Affirmed.

In re:  Desire Holmes and Dynasty Roe (February 16, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-030441.doc
Judgment entry - not opinion.  Turner, the children's father, appealed the judgment of the trial court committing the two children to the custody of the county department of job and family services, based on an adjudication by a magistrate that the children were abused.  Affirmed.

In re:  Jeremy Stacy, minor (February 16, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040392.doc
Judgment entry - not opinion.  Stacy appealed the juvenile court's adjudication of him as a delinquent, based on two felonies.  Affirmed.

Mader v. Nat'l Legal Prof. Assoc. (February 16, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040278.doc
Judgment entry - not opinion.  Mader alleged breach of contract for providing legal services against several defendants.  The contract contained a clause compelling arbitration.  The trial court dismissed the case for lack of subject matter jurisdiction, but was reversed and remanded, and then stayed the case and referred the case to arbitration.  Mader appeals again.  Affirmed, because parties may not re-litigate the issue of arbitration.

State ex rel Campbell v. Fucito (February 16, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040003.doc
Judgment entry - not opinion.  Fucito, an emergency medical technician (EMT), testified at Campbell's arson trial, where he was convicted.  He sought a writ of mandamus, which was dismissed by the trial court.  Affirmed, because Campbell had a legal remedy and was not entitled to the writ.

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

No opinions.
 

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

In re:  Lewis (February 16, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0074p-06.pdf
Bank appeals summary judgment granted to the bankruptcy trustee, where the bank's mortgage on debtor's real property was determined to be a preferential transfer.  The bank also challenged the subject matter jurisdiction of the bankruptcy court.  Affirmed

United States v. Barnett (February 16, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0075p-06.pdf
Barnett appealed conviction for firearm possession by a felon.  Affirmed conviction but vacated sentence and remanded for resentencing, due to U.S. v. Booker.
 

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