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 15, 2005

Today's topics: bankruptcy: preference claim, jury instructions: lesser-included, sentence reasonableness, time served, withdrawal of plea

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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State v. Klein (April 15, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040176.pdf 
Michaela M. Stagnaro, appellant; Philip R. Cummings, Asst. Prosecuting Atty, appellee
Klein appealed his conviction for receiving stolen property. Affirmed, finding evidence was sufficient to support conviction, but sentence modified for time served.

State v. McIntosh (April 15, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040280.pdf 
Mary Jill Donovan, appellant; Judith Anton Lapp, Asst. Prosecuting Atty., appellee
McIntosh appealed his convictions, and consecutive sentences. Affirmed, finding that the sentences did not violate Blakely, and the denial, pre-sentencing, of McIntosh's motion to withdraw his plea was not error.
 

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

No opinions.
 

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

In re: Computrex (April 15, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0177p-06.pdf 
The bankruptcy trustee appealed the district court order affirming the bankruptcy court's dismissal of a §547(b) preference claim. Computrex's practice was to "float" checks to generate as much interest as possible, and then pay carriers. It also paid complaining clients before others, and when it declared banktruptcy, owed Contech only $300 while owing $24 million to its other clients. Affirmed, finding that freight payment agreement meant that funds paid to Contech carriers were not part of Computrex's estate, but Computrex was acting as bailee of funds.

United States v. Johnson (April 15, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0177p-06.pdf 
Johnson was sentenced to supervised release, which he violated. The district court resentenced him and Johnson appealed the new sentence. Affirmed, because sentence was not unreasonable nor was it in plain error.

United States v. Johnes (April 15, 2005) (Appeal from E.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0175p-06.pdf 
Jones appealed his conviction and sentence to manufacture methamphetamine and possessing equipment. Affirmed conviction, finding evidence sufficient and failure to include lesser-included jury instructions proper, but remanding for resentencing in light of US v. Booker.

** ORDER **
Alley v. Beal (April 15, 2005)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0178p-06.pdf 
Alley sought and received a stay of execution, pending proceedings in another case (In re Abdur'Rahman, 392 F.3d 174 (http://pacer.ca6.uscourts.gov/opinions.pdf/04a0428p-06.pdf)). After the court decided that case, it vacated Alley's stay. Alley appealled for rehearing en banc. Remanded to district court, to determine whether Alley's petition is properly a 60(b) motion (http://www.law.cornell.edu/rules/frcp/Rule60.htm ).

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