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 20, 2005

Today's topics
- §1983: qualified immunity
- criminal law: pre-trial statement, prosecutorial misconduct, withdrawal of pleas
- eminent domain: ordinance constitutionality, pretextual taking
- judgment notwithstanding the verdict
- medical malpractice
- sufficiency of evidence: theft, threat of force
- summary judgment: evidence, relief from mistake

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: [Search Other Ohio Districts]
In re: Abdullah Walker (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040568.pdf
Angela Miller, Asst. State Public Defender, appellant; Judith Anton Lapp, Asst. Pros. Atty., appellee
Walker appealed adjudication of delinquency on robbery. AFFIRMED, because evidence was reasonable to meet requirements for theft and threat of force.

Horney v. City of Norwood (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040683.pdf
Robert P. Malloy (Wood & Lamping), Scott G. Bullock, Dana Berliner, William H. Mellor, Robert W. Gall, David Roland (Institute for Justice), appellants; Timothy M. Burke, Gary E. Powell, Daniel J. McCarthy (Manley Burke), Rick G. Gibson (Norwood), Theodore E. Kiser, appellee
Horney and other homeowners' property was taken by the City through eminent domain. They appealed the trial court's judgment in favor of the City, allowing their appropriation of the property on behalf of a development project. AFFIRMED, because information provided to support appropriation, including the renewal plan, met City ordinances, that the ordinances were consitutional, there was no pretextual taking, and because the City retained control over the eminent domain decision.

Hughes v. Bethesda Hospital, Inc. (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040567.pdf
Paul J. Schachter, Penny Unkraut Hendy (Schachter & Hendy), appellant; Douglas R. Dennis, Bill J. Paliobeis (Frost Brown Todd), Michael F. Lyon, Bradley D. McPeek (Lindhorst & Dreidame), appellees
Hughes sued defendants for failure to diagnose in a medical malpractice action. The trial court granted defendants summary judgment, and Hughes appealed. AFFIRMED, because defendants showed they met standard of care and had not been proximate cause of injury and Hughes had not refuted with other evidence opposing summary judgment.

Sosa v. City of Cincinnati (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040021.pdf
Elizabeth E. Agar, appellees; Phillip R. Cummings, Asst. Pros. Atty., appellees
Sosa was handcuffed and detained when police, looking for a suspect, were unable to confirm that Sosa was not the suspect. Sosa and his family sued after police confirmed he was not the man they sought, and released him about 4 hours later. The trial court granted the individual police officers summary judgment and, at a jury trial, the Sosas were granted a $20,000 verdict. It also granted the City's motion for judgment notwithstanding verdict. AFFIRMED, because police officers were entitled to qualified immunity, and evidence did not support training defects.

State v. Hughes (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-030489.pdf
Scott A. Rubenstein, appellant; Ronald W. Springman, Asst. Pros. Atty., appellee
Hughes appealed murder and robbery convictions, arguing that sufficiency and weight of evidence didn't support conviction, that pre-trial statement wasn't voluntary, that the ID lineup was suggestive, and prosecutorial misconduct. AFFIRMED.

State v. Motley (May 20, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040430.pdf
Chris McEvilley, appellant; Thomas J. Boychan, Jr., Asst. Pros. Atty., appellee
Motley appealed denial of motion to withdraw pleas. AFFIRMED.
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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