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 27, 2005

Today's topics: §1983, abduction, administrative law: "total exhaustion" rule, damages award, ERISA: arbitrary and capricious denial, mandamus, plea bargain withdrawal (3), qualified immunity, real property valuation, statute of limitations (mortgagor & damages), taxation, workers' compensation

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

Ohio Supreme Court

Rosette v. Countrywide Home Loans, Inc. (April 27, 2005) (2005-Ohio-1736)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1736.pdf 
Patrick J. Perotti (Dworken & Bernstein) and Brian Ruschel, appellant; Dena M. Kobasic, Jennifer Mingus Mountcastle (Thompson Hine), Jan T. Chilton (Severson & Werson), appellee Countrywide; John M. Newman, Geoffrey J. Ritts, Robert J. Colacarro (Jones Day), appellee, National City Bank
Limitations on actions - R.C. 5301.36(C) is remedial - Actions pursuant to R.C. 5301.36(C) are subject to the six-year limitations period of R.C. 2305.07. REVERSED

State ex rel. Hamilton v. Brunner (April 27, 2005) (2005-Ohio-1735)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1735.pdf 
Mandamus to compel judge to rule on petition for postconviction relief and motions - Denied as moot after rulings made - Adequate remedy in ordinary course of law. AFFIRMED

State ex rel. Holdren v. Indus. Comm. (April 27, 2005) (2005-Ohio-1734)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1734.pdf 
Lori M. DiRenzo, Kenneth S. Hafenstein, Daniel D. Connor (Connor & Behal), appellant; Paul H. Tonks, Asst. Atty. Gen'l, appellee
Workers' compensation - Mandamus - Industrial Commission's failure to justify exercise of continuing jurisdiction requires issuance of full writ vacating defective commission order and reinstating contested order of staff hearing officer - Limited writ insufficient, when. REVERSED

Valigore v. Cuyahoga Cty. Bd. of Revision (April 27, 2005) (2005-Ohio-173)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1733.pdf 
Taxation - Real property - Valuation - Party challenging board of revision's valuation of real property has burden of showing that valuation was incorrect - Board of Tax Appeals has broad discretion to determine weight and credibility of evidence - Appellant fails in burden of proof, when. AFFIRMED.
 

First District Court of Appeals

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State v. Dockery (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040351.pdf 
Dockery pled guilty to attempted aggravated robbery after his motion to suppress was denied. He appealed, arguing that trial court's acceptance of plea was inappropriate because he had not been warned he could not appeal denial of his motion. Affirmed.

State v. Isreal (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040299.pdf 
Israel pled guilty and appealed conviction. Affirmed, no grounds and frivolous.

State v. Keith (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040356.pdf 
Keith pled guilty to attempted aggravated arson, but moved to withdraw his guilty plea after sentencing. He appealed, arguing that he had only pled guilty so that he could get out to find his witnesses. Affirmed, because plea given knowingly and voluntarily.

State v. Perkins (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040309.pdf 
Perkins was convicted of abduction, and appealed, arguing it was not based on manifest weight of evidence. Affirmed, because evidence supported finding, and abduction statute does not require victim attempt escape.

State v. Peters (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-030615.pdf 
Peters pled guilty to attempted rape and gross sexual imposition, and was sentenced to two years, which he'd spent in jail prior to sentencing. He appealed his conviction, after being adjudicated a sexual predator, arguing that his motion to withdraw his plea should have been granted because he had not known he could be adjudicated a predator. Affirmed.

Winston v. Ipp (April 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040289.pdf 
Winston was injured in an auto accident and was awarded about one-third of her medical expenses, and $0 for past pain and suffering. She moved for a new trial, arguing jury award was against weight of evidence, but the trial court denied the motion. Reversed, and remanded for new trial solely on damages to be awarded for pain and suffering.
 

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

No opinions.
 

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

Garretson v. City of Madison Heights (April 27, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0192p-06.pdf 
Garretson was arrested for retail fraud and notified the police that she was diabetic and would need insulin while being held. She did not receive it and was hospitalized, and sued the city and police department for violating 42 USC § 1983, the 4th, 8th, and 14th Amendments, and causing intentional infliction of emotional distress in violation of state tort law. The district court granted summary judgment to the defendants. Affirmed in part, but reversing on 14th amendment claim because there is genuine issue whether police officers showed deliberate indifference to her medical condition, and they are not entitled to qualified immunity.

Jones Bey v. Johnson (April 27, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0194p-06.pdf 
Jones Bey is a prisoner at a Michigan state prison and filed grievances against guards at the prison. He sued under § 1983, but a magistrate recommended summary judgment because he had not exhausted administrative remedies under the Prison Litigation Reform Act (42 USC § 1997e). The district court granted summary judgment and Jones Bey appealed. Reversed and remanded, with directions to dismiss because Jones Bey had not exhausted all administrative remedies, and the Circuit will apply the "total exhaustion" rule when faced with "mixed complaint" that includes both exhausted and unexhausted claims.

Moon v. UNUM Provident Corp. (April 27, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0193p-06.pdf 
Moon sought long term disability benefits under an ERISA plan, but the carrier denied the claim, after its doctor reviewed the administrative record. Moon appeals the district's decision to uphold Unum's denial of benefits. Reversed, because Unum has not presented reasonable explanation to support its conclusion, based on administrative record, and remanded granting judgment in favor of Moon.

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