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 16, 2005

Today's topics:  Administrative Procedures Act, All Writs Act, criminal law, discretionary function exception, Federal Tort Claims Act, jury trial waiver, restitution order, sentencing

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

Ohio Supreme Court

State v. Back (March 16, 2005) (2005-Ohio-782)
State v. Barlow (March 16, 2005) (2005-Ohio-790)
State v. Glavic (March 16, 2005) (2005-Ohio-787)
State v. Haynie (March 16, 2005) (2005-Ohio-785)
State v. Johnson (March 16, 2005) (2005-Ohio-786)
State v. Mason (March 16, 2005) (2005-Ohio-791)
State v. May (March 16, 2006) (2005-Ohio-789)
State v. Roux (March 16, 2005) (2005-Ohio-783)
Criminal procedure - Assessment and collection of court costs - Court of appeals’ judgment affirmed on the authority of State v. White (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-5989.pdf)

State v. Horton (March 16, 2005) (2005-Ohio-788)
State v. Nipper (March 16, 2005) (2005-Ohio-784)
Appeal dismissed as improvidently accepted.

State v. Danison (March 16, 2005) (2005-Ohio-781)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-781.pdf
Criminal law - Sentencing - Appeals - R.C. 2953.02 - Order of restitution imposed by sentencing court on a felony offender is final and appealable order.

State ex rel. Waver v. Gallagher (March 16, 2005) (2005-Ohio-780)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-780.pdf
Criminal law - Sentencing - R.C. 2945.05 -- Jury-trial waiver on specifications - Alleged failure to procure defendant’s waiver in writing cannot be remedied in mandamus or prohibition.

State ex rel. Bortoli v. Dinkelacker (March 16, 2005) (2005-Ohio-779)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-779.pdf
Criminal law - Motion to vacate guilty plea - Procedendo will not issue to compel performance of act already performed.

First District Court of Appeals

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State v. Browner (March 16, 2005)
../../firstdistrict/2003/C-030809.pdf
Browner appealed, arguing that his conviction was against the weight of evidence and the court abused its discretion in denying his counsel the ability to call a witness who had not been disclosed. Affirmed.

State v. Howard (March 16, 2005)
../../firstdistrict/2004/C-040387.pdf
Howard was indicted on charges of aggravated robbery and robbery. He was convicted of robbery and appealed his 4 year sentence and his conviction. Affirmed.

State v. Iski (March 16, 2005)
../../firstdistrict/2003/C-030437.pdf
Iski appealed his theft conviction, arguing it was against the weight of the evidence. Affirmed.

State v. Peoples (March 16, 2005)
../../firstdistrict/2004/C-040199.pdf
Peoples pled guilty to 4th degree felony concealed weapon, and 5th degree having a weapon under a disability. As part of his sentence, he was placed under community control, which he violated. Peoples then received the maximum sentence, and he appealed. Affirmed.

State v. Robinson (March 16, 2005)
../../firstdistrict/2004/C-040161.pdf
Robinson appealed his convictions for aggravated murder and aggravated robbery, arguing that he should have been convicted of involuntary manslaughter, and that the jury, by being "qualified" to give the death penalty, was biased. The jury recommended life in prison, which was the sentence the trial court gave. Affirmed.

State v. Sanders (March 16, 2005)
../../firstdistrict/2004/C-040302.pdf
Sanders appealed his assault conviction, as being against the manifest weight of the evidence. Affirmed.

State v. Sloan (March 16, 2005)
../../firstdistrict/2004/C-040301.pdf
Sloan appealed conviction on murder and aggravated robbery, due to ineffective counsel, prejudicial display of gruesome exhibits, and the weight of the evidence. Affirmed.

State v. Young (March 16, 2005)
../../firstdistrict/2003/C-030345.pdf
Young appealed his cocaine trafficking and possession sentence, because it was more than the minimum. Vacate sentence, remand for resentencing.

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

No opinions.
 

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

Sharp v. United States (March 16, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0133p-06.pdf
Sharp's brother died after being hit by a pickup truck on a dune in a national park. Sharp sued, under the Federal Tort Claims Act, alleging gross negligence and willfull/wanton misconduct by the National Forest Service. After a bench trial, the district court dismissed the case for lack of subject matter jurisdiction, because Sharp had not shown that the discretionary-function exception did not apply. Affirmed.

United States v. City of Detroit (March 16, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0134p-06.pdf
Detroit was required to dredge a contaminated creek, and they proposed to dump the sediment at a Corps of Engineers site. The Corps refused, until environmental reviews were completed. Detroit sought, and received an injunction requiring the Corps accept the sediment. On appeal, a panel reversed the district court because it did not have the authority to issue the injunction. On rehearing, en banc, found that the district court could issue the injunction, but should have reviewed whether the Administrative Procedures Act or the All Writs Act was more appropriate. On remand, the district court determined the injunction had been properly issued under the All Writs act, and the Corps appealed. Before rehearing, Detroit notified the Corps it no longer wanted to use its facility, and the Corps sought dismissal of its appeal as moot. It also sought to vacate the previous decisions in this litigation. Detroit supported dismissal, but not vacatur. Dismiss appeal as moot, vacate only the district court's injunction and judgment, but not other decisions.. 

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