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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March 7, 2005

Today's topics:   conviction definition, habeas jurisdiction: second / subsequent petition, immigration removal

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

Smith v. Anderson (March 7, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0109p-06.pdf
Smith, sentenced to death with execution date March 8, was granted a stay of execution by the district court. The warden appealed, asserting the court lacked jurisdiction to grant stay. Smith cross-appealed court's denial of grand jury foreperson discrimination claim. Vacated stay of execution, finding grant of stay was improper because court lacked jurisdiction; the court of appeals has jurisdiction over second or subsequent habeas petitions.
 

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

Uritsky v. Gonzales (March 7, 2005) (Appeal from Board of Immigration Appeals (MI))
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0108p-06.pdf 
Uritsky was convicted of third degree sexual conduct charge. Homeland Security issued notice of removal, but immigration judge terminated proceedings. The Board of immigration reversed, finding conviction is sufficient grounds for removal. Uritsky appealed. Affirmed, because conviction counts as aggravated felony allowing for removal (8 USC § 1101(a)(48)(A) defines 'conviction').

Daily Case Updates