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 20, 2005

Today's topics:  child support, costs (not attorney fees), estoppel, evidence prejudicial, jail-time credit calculation, motion to vacate: excusable neglect, real property taxation, sentencing (Booker; Shepard; armed career criminal), sexual imposition corroboration/evidence, shared appreciation agreements (statutory)

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

Ohio Supreme Court

In re All Kelley & Ferraro Asbestos Cases v. Amchem Products, Inc. (April 20, 2005)(2005-Ohio-1650)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1650.pdf 
Mass tort litigation - Asbestos - Settlement agreement with multiple asbestos producers - Court of appeals' judgment reversed and cause remanded on the authority of In re All Kelley & Ferraro Asbestos Cases.

Case W. Res. Univ. v. Wilkins (April 20, 2005)(2005-Ohio-1649)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1649.pdf 
Taxation - Real Property - R.C. 5709.07, 5709.12, and 5709.121 - Building owned by university and leased to private fraternal organization for exclusive use of its members as student housing is not exempt from real-property taxation

State v. Baccus (April 20, 2005)(2005-Ohio-1652)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1652.pdf 
Criminal law - Court of appeals' judgment reversed and cause remanded for application of State v. Fraley.

State v. Smith (April 20, 2005)(2005-Ohio-1651)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1651.pdf 
Criminal law - Postrelease control - Court of appeals' judgment reversed and cause remanded to trial court for resentencing consistent with State v. Jordan.
 

First District Court of Appeals

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Jackson v. Jackson (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040238.pdf 
The Jacksons divorced and child support was awarded to the wife.  The husband later sought a modification, and eventually was awarded a reduction by the trial court, which modified a magistrate's finding.  Affirmed, because parties' combined income was greater than $150K, and trial court did not err in awarding more than the minimum amount.

State v. Christian (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040320.pdf 
Christian was convicted of nonsupport of dependents and granted 548 days of jail-time credit. Christian moved for additional time, and the court vacated the initial order and reduced the jail-time credit to 140 days. Christian appealed calculation of days. Affirmed in part, but reversed in part because calculation should have included additional 22 days.

State v. Keith (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040143.pdf 
Keith appealed conviction for sexual imposition, because evidence was insufficient. Affirmed.

State v. Merriweather (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-030948.pdf 
Merriweather appealed denial of motion for post-conviction relief, which trial court found was not timely filed. Affirmed, because Merriweather does not qualify for exceptions to filing requirement.

State v. Rogers (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040493.pdf 
Rogers appealed sentence and denial of his motion to withdraw pleas, but had not filed notice of appeal with trial court. Affirmed.

State Farm v. JDK Mgmt. (April 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040481.pdf 
An employee of JDK ran into a State Farm insured, and when served with a summons and complaint, the JDK office manager faxed it to their insurer. But the fax didn't go through and no action was taken until a default judgment was received two months later. JDK moved to vacate judgment, but the trial court denied. Affirmed, because no showing of excusable neglect.
 

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

United States v. Sanders (April 20, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0183p-06.pdf 
Terry H. Gilbert (Friedman & Gilbert), appellant; Linda H. Barr, Asst. US Atty., appellee
Sanders appealed his felony conviction and sentence. Affirmed, because evidence was sufficient, testimony was relevant (R 401) and introduction of backpack evidence was not prejudicial (R 403). Sentence vacated, remanded for resentencing in line with US v Booker and US v Shepard (Armed career criminal)
 

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

BDT Products v. Lexmark Int'l (April 20, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0185p-06.pdf 
Lexmark was granted summary judgment and filed a bill of costs against BDT. BDT objected but the district court ordered the costs taxed, not the clerk. BDT appealed, arguing that it had insufficient time to state objections and notice that the costs were taxed.  Affirmed, allowing costs for translation, deposition expenses, and copying charges.

Bell v. Johnson (April 20, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0182p-06.pdf 
Bell filed a lawsuit against guards at the prison in which he was incarcerated and filed grievances that, after the suit was filed, they retaliated against him. Bell filed a 1st Amendment retaliation claim.  A jury found in his favor, awarding compensatory but not punitive damages. The judge granted a motion for new trial on the issue of damages, and a jury awarded both compensatory and punitive damages in the second trial. The defendant appealed the damages, arguing that the court abused discretion in ordering new trial. Affirmed, finding new trial and denial of recusal motion were not abuse.

Estate of James v. United States Dept. of Agriculture (April 20, 2005) (Appeal from E.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0184p-06.pdf 
Tennessee farmers entered into shared appreciation agreements with the US Dept. of Ag. in exchange for debt reduction. The agreement granted the government part of the increased value of the property owned by the farmers. When the agreement expired, the farmers denied any obligation to pay the government a portion of the increase. The farmers appealed administrative decisions to the district court, and appeal the district court's grant of summary judgment to the government. Affirmed, because statute provided for agreements and interpretation, and that government cannot be estopped like other litigants.

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