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 29, 2005

Today's topics:  attorney fees, Brady violation, divorce: inequitable division of property, domestic violence, immigration: asylum, immigration: number limitation, ineffective assistance, sentencing (Booker), sentencing: expectation of finality, sentencing: prior acquittal, sufficiency of evidence

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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Brown v. Brown (April 29, 2005) (2005-Ohio-1997)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1997.pdf 
Robert J. Hastings, Jr. (Hastings & Hastings), appellant; Michael A. Moskowitz (Moskowitz & Moskowitz), appellee
The Browns cross-appealed an inequitable division of marital property, and the denial by the trial court to allow two witnesses to testify. Affirmed, because trial court did not err in relying on appraised property value, in not selling a house with little equity and which had been remodeled for handicapped daughter, in not awarding husband certain personal property items, in not crediting him with funds withdrawn from a joint account, and in failing to find financial misconduct by wife, nor when it reduced the attorney fee award to wife's counsel.

State v. Holloway (April 29, 2005) (2005-Ohio-1998)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1998.pdf 
Michaela M. Stagnaro, appellant; Scott M. Heenan, Asst. Pros. Attorney (Hamilton), appellee
Holloway appealed felony assault convictions. Affirmed, because rational factfinder could have found Holloway had committed assaults based on the evidence.

State v. James (April 29, 2005) (2005-Ohio-1996)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1996.pdf 
Bryan R. Perkins, appellant; Judith Anton Lapp, Asst. Pros. Attorney (Hamilton), appellee
James was convicted of domestic violence and appealed based on the sufficiency of the evidence, and that sentence was inappropriate.  Affirmed, because no evidence conviction against weight of evidence, nor that consideration of prior domestic violence acquittal was inappropriate.

State v. Williams (April 29, 2005) (2005-Ohio-1995)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1995.pdf 
Elizabeth E. Agar, appellant; Philip R. Cummings, Asst. Pros. Atty. (Hamilton), appellee
Williams pled guilty to attempted possession of cocaine, receiving a one year probation, 6 month license suspension, and 180 days, of which 103 were suspended. Williams violated probation, pled no contest, and was sentenced to 103 suspended days as well as an additional 6 month license suspension. Williams appealed additional license suspension.  Reversed in part, vacating the 6 month additional suspension, because Williams had "expectation of finality" as to that part of his sentence.
 

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

Tucker v. City of Fairfield (April 29, 2005) (Appeal from S.D. Ohio)
- http://pacer.ca6.uscourts.gov/opinions.pdf/05a0200p-06.pdf 
- Petition for rehearing en banc denied. (Previous opinion:  http://pacer.ca6.uscourts.gov/opinions.pdf/05a0070p-06.pdf )

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

Akhtar v. Gonzales (April 29, 2005) (Appeal from Board of Immigration Appeals)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0199p-06.pdf 
An immigration judge denied Akhtar's request for asylum and withholding of removal, which was affirmed by the Board of Immigration Appeals. Akhtar filed for review, and also filed a motion to reopen, which were both denied by the Board. Denied petition for review of order affirming immigration judge's decision, because Akhtar did not meet requirements for asylum, but granted petition for review of order denying motion to reopen, because the Board did not follow its own precedent on the number limitation on motions. Board's order is vacated and remanded for reconsideration.

Harbison v. Bell (April 29, 2005) (Appeal from E.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0198p-06.pdf 
Harbison appealed his conviction, arguing ineffective assistance of counsel and a Brady violation because police reports were withheld.  Affirmed, because Brady violation and ineffective assistance of appellate counsel was not established.

United States v. Alva (April 29, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0197p-06.pdf 
Alva received writ of cert to US Supreme Court, which vacated 6th Circuit's opinion (unreported:  http://pacer.ca6.uscourts.gov/opinions.pdf/05a0315n-06.pdf).  Opinion reinstated, affirming conviction, but remanded for resentencing in light of Booker because sentence was imposed based on judicially-determined facts.

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