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 25, 2005

Today's topics:  assignment - notice, appeal time-barred, criminal child enticement, motion to suppress evidence (2), post-release control, sentencing

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

Ohio Supreme Court

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First District Court of Appeals

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Roselawn Chiropractic v. Allstate Ins. (March 25, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1327.pdf
Timothy A. Fischer, appellee; Daniel Funk, Niki Domenick DiCola (Baker Dublikar Beck Wiley & Matthews), appellant
Tate was injured in a car accident with an Allstate insured. Tate assigned to Roselawn any proceeds from her claim against Allstate and its insured up to the cost of treatment. When she settled her claim with Allstate, she was paid all of the settlement money. Roselawn sued both Tate and Allstate, getting a default judgment against Tate. The trial court found Allstate liable on the assignment. Affirmed, because Allstate had notice of the assignment.

State v. Burnett (March 25, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1323.pdf
Thomas J. Boychan, State; Matthew C. McKenna, defense
Burnett appealed denial of motion to suppress physical evidence. Affirmed, because there was reasonable, articulable suspicion and, under the totality of circumstances, probable cause.

State v. Clark (March 25, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1324.pdf
Philip R. Cummings, State; Dennis K. McCarthy, defense
Clark appealed his conviction for criminal child enticement, arguing insufficient evidence. Reversed, and charges dismissed, because evidence did not show that Clark solicited, coaxed, enticed, or lured child, although it was probably inappropriate.

State v. Perez (March 25, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1326.pdf
Ernest F. McAdams, Dwane K. Mallory, State; H. Fred Hoefle, Merlyn D. Shiverdecker, defense
Perez struck a car parked in front of the Cincinnati District Two police station. The state brought three charges, of operating a vehicle without reasonable control and under the influence of alcohol. Perez moved to suppress evidence and the trial court granted the motion. The state appealed the suppression motion. Reversed, on second charge of DUI because there was probable cause to administer tests, but dismissed appeals on other two charges because they were not timely made.

State v. Smith (March 25, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1325.pdf
Judith Anton Lapp, State; Michael M. Stagnaro, defense
Smith appealed convictions based on the weight and sufficiency of the evidence, and his maximum sentences. Affirmed convictions, but vacated sentencing because trial court failed to advise Smith of post-release control, remanded for resentencing.
 

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

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

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