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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May 4, 2005

Today's topics:  attorney fitness to practice, attorney misconduct, insurance, judgment interest, right to present defense, sentencing: post-conviction release advisement, tax: corporate franchise, workers' compensation

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

Ohio Supreme Court

Akron Bar Assn. v. Gatskie (May 4, 2005) (2005-Ohio-1828)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1828.pdf 
Attorneys at law - Misconduct - Six-month suspension with entire six months stayed on condition - Engaging in conduct that adversely reflects on attorney's fitness to practice law - Attorney pleaded guilty to several charges filed against him by his adult son.

Asset Acceptance LLC v. Mack (May 4, 2005) (2005-Ohio-1829)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1829.pdf 
Judgments - Accrual of interest on dormant judgments.

Bentley v. Pendleton (May 4, 2005) (2005-Ohio-1824)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1824.pdf 
Motor vehicles - Uninsured/underinsured-motorist coverage - Court of appeals' judgment reversed on the authority of Gilchrist v. Gonsor (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-7103.pdf), and cause remanded.

Columbus Bar Assn. v. Dougherty (May 4, 2005) (2005-Ohio-1825)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1825.pdf
Attorneys at law - Misconduct - Mitigation, protracted disciplinary proceedings, and lack of intent to deceive warrant public reprimand for violation of DR 1-102(A)(4).

Hans v. Hartford Ins. Co. (May 4, 2005) (2005-Ohio-1823)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1823.pdf 

Motor vehicles - Uninsured/underinsured-motorist coverage - Court of appeals' judgment reversed on the authority of Gilchrist v. Gonsor (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-7103.pdf), and cause remanded.

State ex rel. Rollins v. Indus. Comm. (May 4, 2005) (2005-Ohio-1827)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1827.pdf 
Workers' compensation - R.C. 4123.56(A) - Earnings from employment precluding compensation for temporary total disability - Irrelevance of low pay, characterization of pay as gift, motivation for work, and perceived social value of work.

Wesnovtek Corp. v. Wilkins (May 4, 2005) (2005-Ohio-1826)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1826.pdf 
Corporation-franchise tax - Former R.C. 5733.051 - Former R.C. 5733.05(B)(2)(d) - Pursuant to former R.C. 5733.051, a gain or loss from the sale of inventory must be apportioned rather than allocated - Taxpayer seeking deviation from the statutory formula for calculating the apportionment factor must submit request in writing pursuant to former R.C. 5733.05(B)(2)(d).

First District Court of Appeals

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State v. Mcintosh (May 4, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-030946.pdf 
McIntosh won a previous appeal, which was remanded for an evidentiary hearing. The trial court conducted the hearing and denied relief. McIntosh appealed. Affirmed, because affidavits were self-serving and only witness provided immaterial testimony, and so failed to establish violation of right to present defense.

State v. Williams (May 4, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040573.pdf 
Williams appealed his third-degree felony convictions and sentences. Affirmed convictions, because evidence was sufficient, but vacated sentence, because defendant not advised about post-release control during sentencing.

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

No opinions.
 

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

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