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 6, 2005

Today's topics:  divorce: inequitable division of property, evidence: exclusion of police report, robbery: threat of force, weight 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 (May 6, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-2209.pdf 
Michael A. Moskowitz (Moskowitz & Moskowitz), appellee; Robert R. Hastings, Jr. (Hastings & Hastings), appellant
Opinion re-released (see April 29, 2005, http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-1997.pdf ).
AFFIRMED

In re Burton (May 6, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-2210.pdf 
Kendra M. Cameron, appellant; Thomas J. Boychan, Jr., Asst. Pros. Atty. (Hamilton Co.), appellee
Burton was adjudicated a delinquent for actions that would have constituted robbery. He was charged with robbery and aggravated robbery. He was acquitted of the aggravated robbery because of confusion in the complaint about the correct date of the first offense, which conflicted with an alibi. He appealed, arguing that remaining evidence did not show threat of immediate use of force, because court could not consider evidence related to charge on which he was acquitted. AFFIRMED, because collateral estoppel and double jeopardy don't apply, and state could use evidence of "other acts".

State v. Bradford (May 6, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-2208.pdf 
Bruce K. Hust, appellant; Phillip R. Cummings, Asst. Pros. Atty. (Hamilton Co.), appellee
Bradford appealed his homicide conviction, arguing that it was against the weight of the evidence and that the exclusion of a police report was prejudicial. AFFIRMED.
 

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

No opinions.
 

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

 

Jobe v. City of Catlettsburg (May 6, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0207p-06.pdf 
The City passed an ordinance barring placing of posters on motor vehicles without permission. Jobe placed leaflets under car windshield
wipers, and was fined. He filed suit, seeking a declaratory judgment that the ordinance was unconstitutional. The district court found the
ordinance was content-neutral, and gave judgment for the City.  Jobe appealed. AFFIRMED, because law is content-neutral as to time, place,
and manner of speech, leaves alternatives, and is similar to bans on signs on utility poles.

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