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April 19, 2006

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

TOPICS:
- Attorneys at law * Misconduct
- Appeal dismissed
- Appeal - explanation
- Workers' compensation * Employer
- Torts * Medical malpractice
- Criminal procedure * Court costs
- valuation - real property
- Sentencing
- Trafficking cocaine - vicinity of a school
- Non-compete agreement
 

Ohio Supreme Court

 

Columbus Bar Assn. v. Harris (April 19, 2006) (2006-Ohio-1715)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1715.pdf
-  Attorneys at law * Misconduct * Conduct involving fraud, deceit, dishonesty, or misrepresentation * Conduct prejudicial to the administration of justice * Conduct adversely reflecting on fitness to practice law * Neglect of an entrusted legal matter * Failure to seek lawful objectives of a client * Failure to carry out contract of employment * Conduct that prejudices or damages a client * Charging an excessive fee * Failure to cooperate in disciplinary investigation * Failure to notify clients of inadequate professional - liability insurance * Indefinite suspension.
 
State v. Durham (April 19, 2006) (2006-Ohio-1714)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1714.pdf
-  Appeal dismissed as improvidently accepted.
 
State Auto. Mut. Ins. Co. v. Titanium Metals Corp. (April 19, 2006) (2006-Ohio-1713)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1713.pdf
-  Appeals * O.R.C. 2744.02(C) * Final, appealable order requires trial court's explanation for its decision.
 
Fowee v. Wesley Hall, Inc. (April 19, 2006) (2006-Ohio-1712)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1712.pdf
-  Workers' compensation * Employer - initiated appeal pursuant to O.R.C. 4123.512 * Dismissal by employee - claimant pursuant to Civ.R. 41(A) * Judgment for employer when employee - claimant fails to refile within the one year allowed by O.R.C. 2305.19.
 
State v. Carter (April 19, 2006) (2006-Ohio-1711)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1711.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
State v. Williams (April 19, 2006) (2006-Ohio-1710)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1710.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
State v. Owens (April 19, 2006) (2006-Ohio-1709)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1709.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
State v. Massey (April 19, 2006) (2006-Ohio-1708)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1708.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
Coleman v. Dogra (April 19, 2006) (2006-Ohio-1707)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1707.pdf
-  Torts * Medical malpractice * Judgment affirmed on the authority of Schirmer v. Mt. Auburn Obstetrics & Gynecologic Assoc., Inc.
 
State v. Cantwell (April 19, 2006) (2006-Ohio-1706)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1706.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
State v. Glosser (April 19, 2006) (2006-Ohio-1705)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1705.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 
State v. Olson (April 19, 2006) (2006-Ohio-1704)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-1704.pdf
-  Criminal procedure * Court costs * Collection from indigent defendant * Court of appeals' judgment reversed and judgments of the trial court reinstated on the authority of State v. Threatt.
 

First District Court of Appeals

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***JUDGMENT ENTRIES ***
 
Western & Southern Life Insurance Co., v. Board of Revision of Hamilton County, Ohio, et al.
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050026.pdf
-  Western & Southern filed a complaint against the valuation of its real property in Blue Ash, Ohio, for the 2002 tax year. The court of Appeals holds that the trial court correctly  found that the value of Western & Southern's property was $6,561,765.  The judgment of the trial court is hereby modified to reflect a valuation of $6,561,765 for the property.  Judgment AFFIRMED and modified.
 
State v. Holliman
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050103.pdf
-  Holliman appeals the judgment of the Hamilton County Court of Common Pleas sentencing him to fifteen months' imprisonment for disrupting public services under O.R.C. 2909.04(A)(3), a felony of the fourth degree.  Holliman now argues that the trial court erred in imposing more than the minimum sentence for disrupting public services.  He also argues that the record does not support the trial court's findings under O.R.C. 2919.14(B). Sentence is VACATED and REMANDED for cause for resentencing in light of Foster.
 
State v. Brown
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050191.pdf
-  Brown pleaded guilty to unlawful sexual conduct with a minor, a fourth-degree felony. Brown violated the terms of his community control.  The trial court then sentenced Brown to 12 months in prison.  Brown now appeals his sentence, arguing that because he had not previously served a prison term, the trial court erred by sentencing him to a prison term greater than the minimum*in this case, six months. Brown further argues that the trial court failed to adequately address the overriding purposes of sentencing when it neglected to consider the existence of substantial grounds to mitigate the offender's conduct*namely, Brown's spina bifida. We must vacate Brown's sentence and remand the case for resentencing in light of Foster.
 
State v. Bennett
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050361.pdf
-  Bennett was convicted of trafficking in cocaine in the vicinity of a school, in violation of O.R.C. 2925.03(A)(1). The trial court sentenced Bennett to fifteen months' incarceration. Bennett challenges the weight and the sufficiency of the evidence produced at trial to support his conviction. Bennett argues that the trial court erred by imposing a sentence that was contrary to law. Bennett contends that the trial court gave him a harsher sentence because he had exercised his right to a jury trial. Judgment AFFIRMED.
 
State v. Ricks
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050388.pdf
-  Ricks appeals the judgment of the Hamilton County Court of Common sentencing him to a one-year term of imprisonment for receiving stolen property under O.R.C. 2913.51(A), a felony of the fifth degree. Ricks now argues that the trial court erred in imposing more than the minimum sentence. The court based its sentence on findings under O.R.C. 2929.14(B). Assignment of error sustained, sentence vacated, and remanded the cause for resentencing in light of Foster.
 
State v. Covington
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050427.pdf
-  Covington appeals the sentence of incarceration imposed by the trial court following Covington's pleas of guilty to two counts of felony nonsupport of dependents, in violation of O.R.C. 2919.21(A)(2). Covington argues that the trial court's imposition of maximum, consecutive sentences was in violation of his Sixth Amendment rights as set forth by the Supreme Court in Apprendi v. New Jersey (2000), 530 U.S. 466, 120 S.Ct. 2348, and Blakely v. Washington (2004), 542 U.S. 296, 124 S.Ct. 2531. Assignment of error sustained, sentence vacated, and remanded the cause for resentencing.
 
State v. Johnson
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050470.pdf
-  Johnson pleaded guilty to two counts of gross sexual imposition in violation of O.R.C. 2907.05(A)(1). Following a hearing, the trial court found Johnson to be a sexual predator and sentenced him to fourteen months in prison on the first count to be served prior to and consecutively with a three-year term of community control on the second count. He challenges his sentence and the trial court's judgment adjudicating him to be a sexual predator. Johnson contends that he should only have been sentenced to the minimum prison term because of our decision in State v. Montgomery. We affirm the trial court's judgment classifying Johnson as a sexual predator, but vacate the sentence of the trial court and remand this cause for resentencing in accordance with Foster.
 
State v. Stevens
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050493.pdf
-  Stevens appeals the sentence imposed by the trial court following his guilty plea to one count of aggravated burglary and one count of aggravated robbery. Stevens contends that the trial court's imposition of non-minimum, consecutive sentences violated his Sixth Amendment right to a jury trial as set forth by the United States Supreme Court in Blakely v. Washington. We vacate the sentence imposed by the trial court and remand this cause for resentencing in accordance with Foster.
 
State v. Turner
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050544.pdf
-  Turner entered guilty pleas to cocaine possession, two charges of having a weapon under a disability, and two charges of carrying a concealed weapon. The trial court sentenced Turner to an aggregate prison term of four years. Turner argues that the trial court erred by imposing sentences that were contrary to law and by using unconstitutional sentencing procedures. We affirm the findings of guilt, but we vacate the sentences and remand this case to the trial court for resentencing.
 
State v. Crutchfield
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050558.pdf
-  Crutchfield entered pleas of no contest to two charges of felonious assault, second-degree felonies that carried potential prison terms of two to eight years.1 The trial court found Crutchfield guilty of both offenses and imposed a four-year prison term for each. Crutchfield argues that the trial court erred by imposing non-minimum prison terms. We affirm the findings of guilt, but we vacate the sentences and remand this case to the trial court for resentencing.
 
Accordia of Ohio, LLC. v. Davis
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050559.pdf
-  Acordia of Ohio, LLC, sought damages and injunctive relief against its former employee, defendant-appellee Gloria Davis, for breach of a non-compete agreement, breach of her duty of loyalty, and misappropriation of trade secrets.Acordia now argues that the trial court erred by denying its request for a preliminary injunction. Judgment AFFIRMED.
 
State v. Reliford
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050629.pdf
-  Rance Reliford appeals the prison term imposed following his violation of community-control sanctions previously imposed by the trial court for two counts of child endangering. He argues that the trial court erred in revoking his community-control sanction because he was unable to pay the costs, fees, and support. Reliford argues that the trial court's imposition of non-minimum prison terms, made without the intervention of a jury and without the proper trial-court findings, was in violation of his Sixth Amendment rights. We must sustain the assignments of error, vacate the sentence, and remand the case for resentencing.
 
State v. Keeney
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050710.pdf
-  Keeney appeals the sentence imposed by the trial court following his guilty plea to one count of breaking and entering in violation of O.R.C. 2911.13(B) and to one count of theft of a motor vehicle in violation of O.R.C. 2913.02(A)(1). Keeney contends that the trial court violated his Sixth Amendment right to a jury trial as set forth by the United States Supreme Court in Blakely v. Washington1 when it imposed greater-than-minimum, maximum, and consecutive prison terms based upon its own determination, rather than a jury's determination, of the felony-sentencing findings in O.R.C. 2929.14(B), 2929.14(C), and 2929.14(E). He argues that the record does not support the trial court's imposition of consecutive sentences. We vacate the sentence imposed by the trial court and remand this cause for resentencing in accordance with Foster.
 
State v. Mann
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050735.pdf
-  Mann was convicted of aggravated drug possession and heroin possession, both felonies of the fifth degree. Following Mann's violation of the conditions of the initial community-control sanction, the trial court imposed a twelve-month prison sentence for each offense and ordered the terms to be served consecutively. Mann argues that the trial court's sentence was not supported by appropriate statutory findings. We vacate the sentences and remand this case to the trial court for resentencing.
 
State v. McCoy
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050746.pdf
-  McCoy was charged with trafficking in cocaine within the vicinity of a school, possession of cocaine, and trafficking in cocaine. He stipulated that the area of the alleged offenses was within 1000 feet of a school's boundaries. After a trial to a jury, McCoy was convicted of all charges. McCoy claims that his conviction was based on insufficient evidence and that it was against the manifest weight of the evidence. He alleges ineffective assistance of trial counsel. We disagree and affirm.
 
State v. Taylor
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050751.pdf
-  Taylor entered a guilty plea to one count of non-support of a dependent in violation of O.R.C. 2919.21(B), a felony of the fifth degree. The trial court found Taylor guilty, ordered a presentence-investigation report, and released Taylor on bond until the sentencing hearing. Taylor appeals the propriety of his sentence. Taylor argues that the trial court should not have been allowed to change its mind during the sentencing hearing. Judgment AFFIRMED.
 
State v. Fray
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050834.pdf
-  Fray was found guilty by a jury of one count of aggravated robbery with a firearm specification, and one count of possession of cocaine. The trial court sentenced him to seven years in prison. Fray appealed from his conviction. We affirmed the findings of guilt, but reversed his sentence. We remanded his case for resentencing because the trial court had imposed more than the minimum prison term upon Fray without verbally stating the statutory findings under O.R.C. 2929.14(B).
 
State v. Peterson
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050858.pdf
-  Peterson pled guilty to attempted murder with an accompanying gun specification. After finding under O.R.C. 2929.14(B) that a minimum sentence would not adequately protect the public and that Peterson's criminal record indicated that he posed a great likelihood of committing future crime, the trial court imposed nine years' imprisonment for the attempted murder. An additional three years' imprisonment was imposed for the gun specification. These sentences were made consecutive, for a total of twelve years' imprisonment. Peterson challenges the sentence imposed. He argues that the trial court's findings under O.R.C. 2929.14(B) violated his Sixth Amendment right to have submitted to a jury and proved beyond a reasonable doubt any fact not admitted by him but essential to his punishment. We sustain his assignment of error and remand his case for resentencing.
 

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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