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 23, 2005

Today's topics:   Batson, "double counting" sentencing, DUI, lesser included offense, mitigate lease rent, motion to suppress, real estate leasing, seizure, sentencing, sexual predator

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

State v. Abdullah (February 23, 2005)
../../firstdistrict/2004/C-040258.doc
Judgment entry.  Abdullah was convicted of felonious assault and she appealed the conviction, alleging that the lesser included offense was more appropriate.  Affirmed.

 

State v. Bevins (Feburary 23, 2005)
../../firstdistrict/2004/C-040052.doc
Judgment entry.  Bevins appealed his felony conviction, on 4 assignments of error including a Batson challenge and enhanced sentence.  Affirmed, but sentence reduced.

State v. Cass (February 23, 2005)
../../firstdistrict/2004/C-040175.doc
Judgment entry.  Cass was classified as a sexual predator after a hearing that followed his conviction on rape and burglary charges.  Cass appealed classification.  Affirmed.

State v. Green (February 23, 2005)
../../firstdistrict/2004/C-040472.doc
Judgment entry.  Green appealed his DUI conviction, based on sufficiency of evidence.  Affirmed.

State v. Swan (February 23, 2005)
../../firstdistrict/2004/C-040053.doc
Judgment entry.  Swan was granted motion to suppress evidence by the trial court.  Reversed, because evidence gathered after consensual encounter with police became seizure. 

State v. Veal (February 23, 2005)
http://www.hamilton-co.org/appealscourt
C-040353.doc
Judgment entry.  Veal appealed conviction, citing court's denial of motion to suppress because evidence gathered without probable cause.  Affirmed.

State v. Wightman (February 23, 2005)
../../firstdistrict/2004/C-040422.doc
Judgment entry.  Wightman was sentenced to the maximum term of 180 days for telecommunications harassment, with 90 days suspended and 60 on electronic tether.  Wightman appealed sentence.  Affirmed. 

State v. Woods (February 23, 2005)
../../firstdistrict/2004/C-040384.doc
Judgment entry.  Woods pled guilty to felony possession of cocaine and appealed her sentence.  Affirmed, with sentence modification.

Super Food Serv. v. Nairb, Inc. (February 23, 2005)
../../firstdistrict/2004/C-040184.doc
Judgment entry.  Super Food leased space, and sublet it to Nairb.  Nairb decided to terminate operations prior to the end of the lease, and sought to sublet the space but they were denied their request by Super Food's lessor.  Super Food sued Nairb for the remaining rent and Nairb filed a third-party complaint against New Plan Excel Realty Trust, the lessor, for unfairly withholding approval of the sublet arrangement.  The trial court granted Super Food's motion for summary judgment but denied New Plan's.  Affirmed, because Super Foods did not have duty to mitigate even though it was a commercial lease.
 

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

Ahmed v. Ashcroft (February 23, 2005) (Appeal from Board of Immigration Appeals)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0086p-06.pdf
Originally unpublished (1/25/2005).  The Ahmeds appealed immigration judge's denial of asylum and petitioned for review.  Petition granted, because judge mischaracterized testimony.

United States v. May (February 23, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0089p-06.pdf
May was convicted of intent to distribute cocaine.  He appealed the trial court's denial of his motion to suppress evidence obtained because the police allegedly failed to observe the "knock and announce" rule, and the affidavit was insufficient.  Affirmed 
 

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

Dorchy v. Jones (February 23, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0088p-06.pdf
Dorchy was convicted of murder and appealed his state conviction, asserting that prior testimony and recorded testimony were improperly admitted.  The Michigan Supreme Court found that the use of the recorded testimony was harmless error.  Dorchy petitioned for writ of habeas corpus, which was conditionally granted because the district court found that the Michigan Supreme Court had unreasonably applied existing U.S. Supreme Court precedent.  Affirmed.
 

United States v. Hines (February 23, 2005) (Appeal from E.D Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0087p-06.pdf
Hines and Edwards appealed their convictions and sentences for conspiracy to distribute methamphetamine.  Affirmed Edwards conviction and sentence, and affirmed Hines conviction, but vacated sentence and remanded for re-sentencing consistent with U.S. v. Booker.

United States v. Hazelwood (February 23, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0090p-06.pdf
Hazelwood appealed his sentence, alleging "double counting" and inappropriate sentence enhancement.  Sentence vacated and remanded for re-sentencing.

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