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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Jan. 25, 2006

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

TOPICS:
- Criminal law - Aggravated murder - Death penalty upheld
- Violation of Judicial Canons
- Attorney Misconduct - Neglecting entrusted legal matter
- Failure to maintain control vehicle
- Frivolous appeal
- Attendant circumstances
- Domestic Relations- Visitation
- Sentencing

Ohio Supreme Court

 

State v. Newton (January 25, 2006) (2006-Ohio-81)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-81.pdf
-  A grand jury indicted Newton for the aggravated murder of his
cellmate with prior calculation and design, O.R.C. 2903.01(A). Newton
contends that the trial court misunderstood the capital-sentencing
process, improperly considered nonstatutory aggravating circumstances,
and wrongfully excluded relevant mitigating evidence. Judgment
AFFIRMED.
 
Disciplinary Counsel v. Runyan (January 25, 2006) (2006-Ohio-80)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-80.pdf
-  Judges - Misconduct - Violation of Judicial Canons promoting public
confidence in judiciary and requiring impartial performance of judge's
public duties and judges's avoidance of appearance of impropriety - DR
1-102(A)(5) - Misconduct warrants public reprimand.
 
Columbus Bar Assn. v. Ginther (January 25, 2006) (2006-Ohio-79)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-79.pdf
-  Attorney at law - Misconduct - Indefinite suspension - Neglecting
entrusted legal matter - Failure to carry out a contract for
professional employment - Causing damage to a client - Withdrawing from
representation without approval of tribunal and without taking action to
avoid prejudicing client - Failure to cooperate in investigation of
misconduct.
 
Columbus Bar Assn. v. Ashton (January 25, 2006) (2006-Ohio-78)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-78.pdf
-  Attorneys at law - Misconduct - Two-year suspension with entire
suspension stayed on conditions - Engaging in conduct that adversely
reflects on fitness to practice - Failure to advise clients of lack of
professional- liability insurance - Withdrawing from employment without
taking reasonable steps to avoid prejudicing a client - Neglecting an
entrusted legal matter - Failing to seek a client's lawful objectives.

First District Court of Appeals

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*** Judgment Entries ***
State v. Palmer
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050090.pdf
-  Palmer appeals from his conviction for failing to maintain
reasonable control of his automobile, a violation of Montgomery
Ordinance 73.07.  Palmer argues that his conviction was against the
manifest weight of the evidence; his conviction was based upon
insufficient evidence; the trial court erred by denying his motion for
an acquittal; and the trial court erred by admitting hearsay evidence.
Judgment AFFIRMED.
 
State v. Lillard
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050207.pdf
-  Lillard pleaded guilty to voluntary manslaughter under O.R.C.
2903.03 and felonious assault under O.R.C. 2903.11(A)(1). Lillard's
counsel can discern no arguable assignments of error to present on
appeal.  The court found the appeal to be frivolous under App.R. 23 and
O.R.C. 2505.05.  Judgment AFFIRMED.
 
Lovett v. Tyree, et al.
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050226.pdf
-  Lovett appeals the trial court's entry of summary judgment in favor
of the Tyrees.  The court held that the one-inch defect in the sidewalk
was insubstantial as a matter of law.  It also held that Lovett had
failed to show "attendant circumstances" to create a material issue of
fact from which a reasonable trier of fact could find that the defect
was substantial.  Judgment AFFIRMED.
 
In Re:  Samar and Kamar Lynn
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050287.pdf
-  Harris appeals the judgment denying her motion to modify visitation.
Judgment AFFIRMED. 
 
State v. Brown
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050320.pdf
-  Brown appeals his conviction of aggravated murder, murder,
aggravated robbery, robbery and accompanying gun specifications.  Brown
challenges the imposition of consecutive sentences.  Judgment 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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