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May 11, 2005

Today's topics:  death penalty, insurance policies, personal injury: proximate cause, sentencing: retroactive application, sexual predator determination, shared-parenting plan, stipulated statement of facts

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

Ohio Supreme Court

Dunning v. State (May, 11, 2005) (2005-Ohio-1939)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1939.pdf 
Daniel Dunning, pro se; Mary H. McGrath, Asst. Pros. Atty. (Cuyahoga), appellee
Dunning filed a writ of mandamus for resentencing in light of State v. Comer (http://www.sconet.state.oh.us/rod/newpdf/0/2003/2003-ohio-4165.pdf) . The court of appeals dismissed his petition. AFFIRMED, because Dunning not entitled to retroactive application of Comer.

Slone v. Allstate Ins. Co.
Young v. Cincinnati Ins. Co. (May 11, 2005) (2005-Ohio-1940 and 2005-Ohio-1941)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1941.pdf
(Young) Henry A. Hentemann, J. Michael Creagan, appellant; Grant A. Goodman, appellees; Ohio Acad. of Trial Lawyers, amicus; (Slone) Terrence J. Kenneally, John M. Bostwick, Jr., appellant

DISSENT in response to dismissal because appeal improvidently accepted, of case involving uninsured motorist coverage and policies that violated statutory controls (see Young v. Cincinnati Ins. Co. 2004-Ohio-54, 8th District (Cuyahoga), http://www.sconet.state.oh.us/rod/newpdf/8/2004/2004-ohio-54.pdf )

State v. Turner (May 11, 2005) (2005-Ohio-1938)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1938.pdf 
W. Joseph Edwards, Todd W. Barstow, appellant; Steven L. Taylor, Heather R. Saling, Asst. Pros. Atty. (Franklin), appellee
Turner was sentenced to death and appealed his convictions and sentence. He argued that his jury waiver and plea were invalid, that stipulated statement of facts was not sufficient without live testimony in a death penalty case, ineffective assistance, sufficiency of evidence, and constitutionality of the death penalty. AFFIRMED.

First District Court of Appeals

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McKinney v. McHugh-Liles (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C040130.pdf 
McHugh-Liles drove her car into the McKinney's, causing injuries. A jury found for McHugh-Liles and the court denied a motion for a new trial. The McKinney's appealed, arguing denial of motion was error and that some damages should have been awarded. AFFIRMED.

Myers v. Morgan (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040349.pdf 
Myers remarried after her divorce and moved to Lexington from Cincinnati. Her former husband filed a motion for contempt, arguing this violated shared-parenting plan. The trial court denied Myers motion to relocate to Lexington, but did allow for relocation to contiguous county to current home in Kenton Co. (KY). AFFIRMED

State v. Dawson (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040548.pdf 
Dawson appealed his cocaine trafficking and possession sentences, arguing that the sentences were contrary to Ohio law. AFFIRMED.

State v. Godfrey (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040407.pdf 
Godfrey appealed the revocation of his community control after he failed to make restitution on his safecracking conviction. AFFIRMED.

State v. Hughes (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040198.pdf 
Hughes was convicted of trafficking in and possession of cocaine and appealed his convictions and sentence. He argued that police testimony of informant was hearsay, his rights to confront a witness was violated, the evidence insufficient, and prosecutorial misconduct. AFFIRMED.

State v. Morris (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040505.pdf 
Morris was convicted on trafficking and possession of cocaine and appealed. His sentence was vacated and remanded for resentencing.  Morris moved to withdraw his pleas. The trial court denied the motion and resentenced Morris. AFFIRMED.

State v. Price (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C040433.pdf 
Price appealed conviction. AFFIRMED, frivolous appeal.

State v. Wenzel (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040457.pdf 
Wenzel was adjudicated a sexual predator, and appealed, arguing that it was against sufficiency of evidence and Equal Protection. AFFIRMED.

Stenger v. Furrow's Building Mat'l (May 11, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040249.pdf 
Stenger was injured when his shopping cart was stuck between doors at Furrow's store, and he injured his wrist as he tried to stop merchandise falling from his cart while trying to open the stuck door.  The trial court granted Furrow's summary judgment. REVERSED, and REMANDED.

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

No opinions.
 

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

No opinions.
 

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