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 , 2006 , 2007 , 2008 , 2009 , 2010.

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March 3, 2005

Today's topics:   diversity jurisdiction, equitable tolling, insurance, sentencing (Booker), underinsured/uninsured motorist

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

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No opinions.
 

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

Griffin v. Rogers (March 3, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0104p-06.pdf
Griffin filed a petition for writ of habeas corpus, which was dismissed for failing to exhaust state remedies. She refiled but it was dismissed for being time barred by one year limitation. The district court was reversed on appeal and remanded. The district court then dismissed the case again for failure to file within limitation and that equitable tolling did not apply. Reversed and remanded.

Twin City Fire Ins. Co. v. Adkins
Adkins v. Ins. Co. of N. Am. (March 3, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0103p-06.pdf
Adkins' husband's employer had uninsured/underinsured motorist coverage from three insurers. She was in an accident and sought coverage. The district court, under diversity jurisdiction, found the Ohio Supreme Court decision, Westfield Ins. Co. v Galatis ( http://www.sconet.state.oh.us/rod/newpdf/0/2003/2003-ohio-5849.pdf), to be controlling and granted summary judgment to the insurers. Affirmed.

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

United States v. Jones (March 3, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0102p-06.pdf
Jones appealed conviction on drug and weapons convictions, asserting district court erred in denying motion to dismiss indictment for race-selective prosecution, and motion for new trial based on new evidence. Conviction affirmed, but sentence vacated and remanded for resentencing (Booker).  

Daily Case Updates