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 , 2006 , 2007 , 2008 , 2009 , 2010.

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May 25, 2005

Today's topics: 
- Civil: Summary judgment
- Criminal: Post-conviction relief, sexual predator
- Government: County budget commissions
- Real Property: Valuation, taxation
- Sentencing: Prior convictions, minimum sentence, McIntosh (Ohio)

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

Ohio Supreme Court

Cleveland Mun. School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision (May 25, 2005) (2005-Ohio-2285)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2285.pdf 
Real property taxation-R.C. 5715.19-Continuing complaints as to value.

E. Liverpool v. Columbiana Cty. Budget Comm. (May 25, 2005) (2005-Ohio-2283)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2283.pdf 
County budget commissions-Allocation of Undivided Local Government Fund and Undivided Local Government Revenue Assistance Fund-R.C.
5747.51, 5747.53, 5747.62, and 5747.63-Evidentiary hearing unnecessary before allocation by alternative method adopted under R.C. 5747.53 or 5747.63-Time extension for resolutions eliminating requirement of approval by largest city.

Ferrone v. Medina Cty. Bd. of Revision (May 25, 2005) (2005-Ohio-2284)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2284.pdf 
Taxation - Real property - Valuation - Taxation of forest land under R.C. 5713.23 - County auditor's valuation and calculation of tax reasonable, when.

State v. Haven (May 25, 2005) (2005-Ohio-2286)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2286.pdf 
Criminal law - Sexually violent predator specification - Certified question answered.

First District Court of Appeals

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State v. Caudill (May 25, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040432.pdf 
Caudill appealed sentence that was not minimum, despite no previous jail sentences. AFFIRMED, because trial court's findings of prior convictions enabled departure from minimum.

State v. Wichert (May 25, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040576.pdf 
Wichert appealed denial of postconviction relief. AFFIRMED, because conviction was not "void or voidable" and so postconviction motion was proper vehicle to challenge effectiveness of counsel.

Schlagel v. Tobias Kraus & Torchia (May 25, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040644.pdf 
The Tobias law firm agreed to represent Schlagel and billed him for services, which he did not pay. The firm sued for breach of contract and received a jury verdict. AFFIRMED.

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

No opinions.
 

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

No opinions.
 

Daily Case Updates