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March 15, 2006

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

TOPICS:
- Worker's compensation
- Title insurance
- Court Cost - indigent defendants
- Unauthorized practice of law
- Public Records Act
- Adjudication
- Sentencing Guidelines
- Evidence - manifest weight
- Frivolous appeal
- RICO - Racketeer Influenced and Corrupt Organizations Act
 

Ohio Supreme Court

 

State ex rel. Ganu v. Willow Brook Christian Communities (March 15, 2006) (2006-Ohio-907)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-907.pdf
-  Worker's compensation - Good-faith job offer - Physicians's report did not consider all allowed conditions - Written job offer must clearly identify claimant's limitations - Judgment AFFIRMED.
 
Henderson v. Lawyers Title Ins. Corp. (March 15, 2006) (2006-Ohio-906)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-906.pdf
-  This appeal stems from the denial of a motion to enforce an arbitration clause in certain title insurance policies that were issued by Lawyers Title Insurance Corporation in connection with two residential real estate transactions. In this case, the Hendersons did not receive a copy of their policy until weeks after the closing. At that point, the Hendersons had already purchased their new home in South Russell. Even if they had carefully read the policy the day they received it, the Hendersons could not have voided their contract with Lawyers Title. They had paid their share of the one-time premium and had no recourse. They could not have canceled their policy and switched to another carrier, at least not without forfeiting their premium. That fact distinguished the Hendersons from a purchaser of a homeowner's or automobile policy. Judgment AFFIRMED.
 
State v. Threatt (March 15, 2006) (2006-Ohio-905)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-905.pdf
-  In this case, we examine the certified question of whether collection of costs is permitted against indigent defendants and, if so, what methods of collection are available. We also determine when the appeal time for assessment of costs begins to run. We hold that (1) costs may be collected from indigent criminal defendants, (2) the state may use any method of collection that is available to collect a civil money judgment as well as the method provided in O.R.C. 5120.133, and (3) the appeal time for costs begins to run on the date of the sentencing entry. Judgment REVERSED.
 
Disciplinary Counsel v. Kafele (March 15, 2006)(2006-Ohio-904)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-904.pdf
-  Unauthorized practice of law * Preparing legal documents for another * Purporting to act on behalf of limited-liability company * Civil penalty imposed.
 
State ex rel. Physicians Commt. for Responsible Med v. Oh St Univ Bd Trustees (March 15, 2006) (2006-Ohio-903)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-903.pdf
-  This is an original action for a writ of mandamus to compel the board of trustees of the Ohio State University ("OSU") to release certain photographic and videotaped records generated by OSU in connection with its research on spinal-cord injuries. Because we conclude that the intellectual property exception to the Public Records Act supports OSU's refusal to release the records, we deny the writ.
 

First District Court of Appeals

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*** JUDGMENT ENTRIES ***
 
State v. Robinson (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050240.pdf
-  Robinson appeals his adjudication as a sexual predator pursuant to O.R.C. Chapter 2950, arguing in his sole assignment of error that the evidence did not support the adjudication.  Judgment AFFIRMED.
 
State v. Collins (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050285.pdf
-  Collins appeals the sentence of incarceration imposed by the trial court. Collins argues that the trial court's imposition of non-minimum, consecutive sentences was in violation of his Sixth Amendment rights as set forth by the Supreme Court.  Because the sentence was based on unconstitutional statutes, under the mandate of State v. Foster, we have no recourse but to SUSTAIN the assignments of error, VACATE the sentence, and REMAND the case for resentencing.
 
State v. Foster (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050319.pdf
-  Foster was found guilty of complicity to breaking and entering.  The court sentenced Foster to serve 30 days in the Hamilton County Justice Center, placed her on two years' community control, and ordered restitution of $3,000. Foster now appeals, arguing that the evidence was insufficient as a matter of law to sustain the conviction, and that the conviction was against the manifest weight of the evidence.  Foster further argues that she was denied effective assistance of counsel. Judgment AFFIRMED.
 
State v. Dixson (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050340.pdf
-  Dixson appeals the sentence of incarceration imposed by the trial court.  Dixson argues that the trial court's imposition of non-minimum, consecutive sentences was in violation of his Sixth Amendment rights as set forth by the Supreme Court.  Because the sentence was based on unconstitutional statutes, under the mandate of State v. Foster, we have no recourse but to SUSTAIN the assignments of error, VACATE the sentence, and REMAND the case for resentencing.
 
State v. Franklin (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050422.pdf
-  Franklin appeals his adjudication as a sexual predator under O.R.C. Chapter 2950.  He contends that the adjudication was against the manifest weight of the evidence.  He argues that evidence that he committed one sexually-oriented offense does not prove that he is likely to commit another sexually-oriented offense in the future.  Judgment AFFIRMED.
 
State v. Miller (March 15, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050506.pdf
-  Miller pleaded guilty to robbery, a third-degree felony.  The court imposed three-years' community control with incarceration in the River City drug-treatment program.  The court also ordered Miller to pay $353 in restitution.  Miller has appealed his conviction and sentence.  His attorney sought to withdraw fro representation and request that the court independently review the record to determine whether the proceedings below were free from prejudicial error.  We conclude that Miller's appeals is completely without merit and is wholly frivolous.  Judgment AFFIRMED.
 

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

 

No Opinion.
 

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

 

 USA v. Johnson ---AND--- USA v. Stone
(March 15, 2006) (Appeal from W.D. Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0097a-06.pdf
-  A 10-count indictment charged William Anthony Johnson and Christopher L. Stone, among others, with various violations of federal law, including the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to violate RICO, and fraud. Stone was tried before a jury and convicted of violating RICO and of conspiring to violate RICO. He was sentenced to concurrent terms of 240 months' imprisonment on each count and ordered to pay $166,653.07 in restitution. In a separate jury trial, Johnson was tried on and convicted of four charges: RICO, conspiracy to violate RICO, uttering counterfeit obligations, and theft or receipt of stolen mail matter. He then pled guilty to three firearm and ammunition-related counts that had been previously severed from the other counts. The district court sentenced Johnson to life imprisonment for the RICO and RICO-conspiracy counts, 240 months for the uttering counterfeit- obligations count, and 60 months for the theft-or-receipt-of-stolen-mail-matter count, to be served concurrently. On each of the firearms counts to which he pled guilty, he was sentenced to an additional 30 months of imprisonment, to be served concurrently with each other and with the other sentences. Finally, the district court ordered Johnson to pay $443,633.07 in restitution.  Both Johnson and Stone appeal their convictions on various grounds. Stone also challenges his sentence and restitution order. Johnson, however, did not appeal either his sentence or his restitution order. For the reasons set forth below, we AFFIRM the convictions of Johnson and Stone as well as the order requiring Stone to pay restitution, but VACATE Stone's sentence and REMAND his case for resentencing in accordance with United States v. Booker, 543 U.S. 220 (2005).
 

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