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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June 7, 2005

Today's topics: 
- Criminal: habeas petition procedural default
- Evidence: excited utterance, present sense impression
- Products liability: failure to warn, manufacturing defect(KY)

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

Ohio Supreme Court

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

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

Burroughs v. Makowski (June 7, 2005) (Appeal from E.D. Mi.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0245p-06.pdf
Burroughs was convicted and moved for relief from judgment, which was denied. He was sentenced, and then filed a second motion for relief, raising four new claims. The Michigan court denied the motion, because the claims could have been raised on the prior motion for relief. Burroughs petitioned the federal court for a writ of habeas corpus, which was granted by the district court after it concurred with the magistrate's recommendation that Burrough's claims were persuasive on the merits. This court reversed, and the writ was re-granted on remand. Prison warden Makowski appealed. REVERSED, because the ineffective assistance of counsel claim was procedurally defaulted.

Greene v. B.F. Goodrich (June 7, 2005) (Appeal from E.D. Ky.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0246p-06.pdf
Greene's estate sued the defendants for products liability, claiming both design and manufacturing defects in a helicopter that caused Greene's death. The district court granted the defendants partial summary judgment on the design defect, but denied on the manufacturing defect, allowing it to go to a jury. The jury gave a verdict to Greene's estate and awarded damages. Goodrich appealed. REVERSED, finding that evidence required jury to speculate, which is impermissible, and REMANDED with instruction to enter judgment in favor of Goodrich and dismiss.

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