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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April 13, 2005

Today's topics:  attorney-client privilege, death penalty, photographic lineups, plea withdrawal, probable cause, res judicata, search and seizure, taxable rate of Trust investment income, tax refund

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

Ohio Supreme Court

State ex rel. Mora v. Wilkinson (April 13, 2005) (2005-Ohio-1509)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1509.pdf 
pro se; Scott M. Campbell (Asst. Atty. Gen'l), appellees
Res judicata - Previous claims for declaratory judgment and injunctive relief bar mandamus claim - Court of appeals' denial of writ of mandamus affirmed.

State ex rel. Leslie v. Ohio Hous. Fin. Agency (April 13, 2005) (2005-Ohio-1508)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1508.pdf 
pro se; Stephen P. Carney (Senior Deputy Solicitor), Sharon A.Jennings (Asst. Atty. Gen'l), appellants/cross appellees
Evidence - Privileges - Attorney-client privilege - Privilege applies to communications between a state agency and its in-house counsel, even when that counsel is not an Assistant Attorney General.

State v. Brinkley (April 13, 2005) (2005-Ohio-1507)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1507.pdf 
Jeffrey M. Gamso, Spiros P. Cocoves, appellant; Brenda J. Majdalani (Lucas County), appellee
Criminal law - Aggravated murder - Death penalty upheld, when.

First District Court of Appeals

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State v. Cornett (April 13, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040494.pdf 
Cornett appealed his conviction on domestic violence, arguing it was against the manifest weight of the evidence. Affirmed.

State v. Dye (April 13, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040506.pdf 
Dye pled guilty to rape but, after sentencing, moved to withdraw his guilty pleas. His motion was denied, and he appealed. Affirmed.

State v. Keys (April 13, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040076.pdf 
Keys pled no contest to cocaine possession and trafficking charges after his motion to suppress evidence was denied. He appealed, arguing that the police did not have probable cause to search his pocket and the search was unreasonable. Reversed and remanded, because Keys was arrested, rather than subject to an investigatory stop, and furtive gestures and mere proximity did not establish necessary probable cause.

State v. Stallworth (April 13, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040013.pdf 
Stallworth appealed aggravated robbery and robbery convictions, arguing that photographic lineup was overly suggestive and prejudicial.  Affirmed.
 

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

Sherwin-Williams Co. v. United States (April 13, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0173p-06.pdf 
Robert K. Olson, Michael T. Cummins (Sherwin-Williams), appellant; Gretchen M. Wolfinger, Kenneth L. Greene (USDOJ), appellee
Sherwin-William's Employee Health Plan Trust sought a refund for taxes it claimed it overpaid. It is exempted under 501(a) and (c)(9) but is taxed for "unrelated business taxable income", which in this case included investment income. The Trust argued that the lower, "corporate" tax rate applied, while the US argued it was the higher, "Trust" rate. The Trust had filed for a refund and the claim was denied. The Trust then sued for the refund, and the district court granted the US summary judgment.

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

No opinions.
 

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