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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Feb. 1, 2006

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

TOPICS:
- Criminal procedure - Pretrial suppression
- Attorneys Misconduct
- Use tax
- Family law * Paternity
- Criminal law - Death penalty
- Search warrant
- Coercive atmosphere
- Domestic - Juvenile - Permanant custody
- Immigration Jurisdiction
- Punitive damage award
 

Ohio Supreme Court

 

State v. Skimmerhorn (February 1, 2006) (2006-Ohio-164)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-164.pdf
-  Criminal procedure * Pretrial suppression motion * Court of appeals' judgment REVERSED and cause remanded to trial court for further proceedings consistent with State v. Edwards.
 
Cleveland Bar Assn. v. Nosan (February 1, 2006) (2006-Ohio-163)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-163.pdf
-  Attorneys at law - Misconduct - Aiding a nonlawyer in the practice of law - Sharing legal fees with an nonlawyer - Forming a partnership with a nonlawyer - Charging a clearly excessive fee - Six-month suspension stayed on conditions.
 
Cousino Constr. Co. v. Wilkins (February 1, 2006) (2006-Ohio-162)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-162.pdf
-  Use tax - Janitorial services used by general contractors are consumed by the contractors, not resold, and are subject to use tax - To preserve an issue for review, notice of appeal to the Board of Tax Appeals must specify exemption sought.
 
State ex rel. Loyd v. Lovelady (February 1, 2006) (2006-Ohio-161)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-161.pdf
-  Family law * Paternity * Child support * O.R.C. 3119.961 et seq. do not violate separation-of-powers doctrine and are constitutional.
 
State v. Hancock (February 1, 2006) (2006-Ohio-160)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-160.pdf
-  Criminal law - Death penalty vacated and cause remanded for resentencing - Declaration of mistrial.

 

First District Court of Appeals

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*** Summary Judgments ***
 
State v. Crawford (February 1, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050161.pdf
-  Crawford appeals his conviction for trafficking in cocaine, possessing concaine, and tranpering with evidence. Crawford argues that the failure of the officer to inform him of his right against self-incrimination required supppression of the statement. Also, he contends that the judge had not signed the warrant at the time the search commenced and the search warrant was invalid because the affidavit in support of the warrant did not establish probable cuase to search his apartment. Judgment AFFIRMED.
 
State v. Craig, a.k.a. Coulter (February 1, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050301,%20C-050308.pdf
-  Craig was charged with three counts of disrupting public service. Pursuant to a plea agreement, Craig entered a guilty plea to one misdermeanor count of telephone harassment.  In exchange, the state dropped the remaining charges.  Craig asserted that his guilty plea should not have been accepted by the trial court due to the "coercive atmosphere" tht existed during his plea. Judgment AFFIRMED.
 
In Re:  Joy/Thomas/Walker Children (February 1, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050760.pdf
-  Joy, challenges the Hamilton County Juvenile Court's adoption of a magistrate's decision adjudicating her two-year-old child, Harrison Rayshawn Walker ("Harry"), an abused and dependent child and committing him to the permanent custody of the appellee, Hamilton County Jobs and Family Services ("HCJFS"). Joy challenges the adjudication and order of commitment as being based upon insufficient evidence and against the best interests of the child. Judgment AFFIRMED.

 

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

 

No Opinions.
 

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

 

Abu-Khaliel v. Gonzales (February 1, 2006) (Appeal from Board of Immigration Appeals)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0044p-06.pdf
-  Abu-Khaliel petitions this court for review of the decisions of the immigration judge denying his request for a continuance and voluntary departure, and the decision of the Board of Immigration Appeals denying his motion to remand. The Government contests our jurisdiction to hear Abu-Khaliel's claims. For the following reasons, we hold that we have jurisdiction to review all Abu-Khaliel's claims except his request for voluntary departure. However, we DENY the petition on the merits.
 
Clark v. Chrysler Corp  (February 1, 2006) (Appeal from E.D. Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0045p-06.pdf
-  Chrysler Corporation appeals the district court's order, entered on remand, upholding Dorothy Clark's $3 million punitive damage award as reasonable and proportionate to the wrong committed and denying Chrysler's motions for judgment as a matter of law, for remittitur, and for a new trial. Because we conclude that the punitive damage award is constitutionally excessive, we remit the amount of punitive damages to $471,258.26.
 

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