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 27, 2005

Today's topics: 
- §1983: deliberate indifference standard, policymaker, respondeat superior/municipality
- Criminal: post-conviction relief

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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State v. Connors (May 27, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040677.pdf 
Matthew Connors, pro se; James Michael Keeling, Asst. Pros. Atty., appellee
Connors was convicted and sentenced and, on appeal, his sentence was reduced because the trial court had misconstrued the maximum term. Connors filed a petition for postconviction relief 7 years later, which was dismissed by the trial court. AFFIRMED, because petition was tardy, conviction was non-capital, and so trial court did not have jurisdiction.

 

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

No opinions.
 

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

 

Carter v. City of Detroit (May 27, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0232p-06.pdf 
Carter's estate sued the city and a police officer after Carter died of a heart attack in custody. The police officer moved for summary judgment because of qualified immunity and was denied. He appealed. AFFIRMED, that genuine issues of fact raised question about officer's deliberate indifference.

Miller v. Calhoun County (May 27, 2005) (Appeal from W.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0231p-06.pdf 
Miller sued the county for the wrongful death of her brother, who died of a brain tumor while in pre-trial custody. The district court granted the defendants summary judgment in the § 1983 suit, and denied Miller's motion to amend complaint. AFFIRMED, because Miller failed to satisfy objective/subjective test for deliberate indifference.

Daily Case Updates