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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April 12, 2006

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

TOPICS:
- Criminal law - death penalty
- Final appealable orders
- Taxation
- Mandamus petition
- Writ of mandamus
- Evidence - complicity to assault
- Withdrawal from Counsel
- Domestic Relations - permanent custody
 

Ohio Supreme Court

 

State v. Ferguson (April 12, 2006) (2006-Ohio-1502)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1502.pdf
-  Criminal law - Aggravated murder - Death penalty upheld.

Community First Bank & Trust v. Dafoe (April 12, 2006) (2006-Ohio-1503)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1503.pdf 
-  Final appealable orders - Former O.R.C. 2505.02 - Court order staying an action, including an action against a party that is not bankrupt, pending the determination of a party's bankruptcy is not an order denying a provisional remedy and is therefore not a final order subject to appeal.

N. Olmsted City School Dist. Bd. of Edn. v. Cleveland Mun. School Dist. Bd. of Edn. (April 12, 2006) (2006-Ohio-1504)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1504.pdf
-  Taxation - Personal property - Revenue allocated to wrong school district due to mistake of taxpayer - Misdirected revenue not recoverable under unjust-enrichment theory.

State ex rel. Grissom v. McGookey (April 12, 2006) (2006-Ohio-1506)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1506.pdf
-  Mandamus petition dismissed for failure to comply with O.R.C. 2969.25.

State ex rel. Pamer v. Collier (April 12, 2006) (2006-Ohio-1507)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1507.pdf
-  Writ of mandamus sought - Failure to comply with O.R.C. 2969.25(C) - Court of appeals' denial of writ affirmed.
 

First District Court of Appeals

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*** JUDGMENT ENTRIES ***

State v. Robinson (April 12, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050097.pdf
-  Robinson has appealed from her conviction for complicity to assault, in violation of O.R.C. 2923.03(A)(2) and 2903.13(A). She argues that the trial court erred in finding her guilty of complicity to attempted assault because she was not charged under the attempt statute.  She also argues that her conviction was based upon insufficient evidence.  Judgment AFFIRMED.

State v. Rehmet (April 12, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050282.pdf
-  Rehmet appeals his convictions for aggravated vehicular assault, vehicular assault, and two counts of failure to comply with the order or signal of a police officer. Pursuant to Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, Rehmet's appointed appellate counsel has advised this court that, after a thorough review of the record, he can find nothing that would arguably support Rehmet's appeal. Appellate counsel has communicated his conclusion to Rehmet, has afforded him the opportunity "to raise any points that he chooses," and has moved this court for permission to withdraw as counsel. Id. at 744, 87 S.Ct. 1396. In his appellate brief, counsel has included four issues that Rehmet wishes this court to address.  Judgment AFFIRMED.

State v. Earls (April 12, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050557.pdf
-  Earls appeals the trial court's judgment convicting him of assault following a bench trial. Earls challenges the sufficiency and the weight of the evidence supporting his conviction and that the trial court erred in overruling his Crim.R. 29 motion for an acquittal.  Judgment AFFIRMED.

In Re: Lindsay Lanter, Brandon Lanter, and Kimmie Lanter (April 12, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050928.pdf
-  Bickel appeals from the judgment of the Hamilton County Juvenile Court terminating his parental rights and granting permanent custody of his three minor children, Lindsay Lanter, Brandon Lanter, and Kimmie Lanter, to the Hamilton County Department of Jobs and Family Services. Bickel contends that the trial court's judgment awarding permanent custody of his children to HCJFS was contrary to the manifest weight of the evidence. In order to terminate Bickel's parental rights, HCJFS had to prove by clear and convincing evidence one of the four factors enumerated in O.R.C. 2151.414(B), and that the children's best interests would be served by a grant of permanent custody to the agency. 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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