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May 24, 2006

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

TOPICS:
- Res judicata
- Attorney Misconduct
- Habeas corpus -
- Workers' compensation
- Criminal law * Drug trafficking
- Theft - trespassing in an unoccupied structure
- Theft - Beyond the scope of expressed or implied consent
- Cincinnnati Area Board of Realtors Constitution disbute
- Sentencing
- Fraud and deceptive-trade-practices
- Visitation of children in prison
- Software from unauthorized distributor
- Lack of subject-matter jurisdiction
- Frivolous appeal
- Insurance
- Jurisdiction - distribution of alcohol
 

Ohio Supreme Court

 

Disciplinary Counsel v. Jacobs (May 24, 2006) (2006-Ohio-2292)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2292.pdf
-  Attorneys * Misconduct * Dual representation * Accepting or continuing representation when professional judgment likely to be compromised * Public reprimand.
 
Fortson v. Bradshaw (May 24, 2006) (2006-Ohio-2291)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2291.pdf
-  Successive habeas corpus petition is barred by res judicata * Judgment affirmed.
 
Columbus Bar Assn. v. Mills (May 24, 2006) (2006-Ohio-2290)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2290.pdf
-  Attorneys at law * Misconduct * Collection of an illegal or clearly excessive fee * Conduct adversely reflecting on fitness to practice law * Representation of multiple clients when the exercise of professional judgment on one client's behalf may be adversely affected by the representation of another client * One-year stayed suspension.
 
Dayton Bar Assn. v. Corbin (May 24, 2006) (2006-Ohio-2289)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2289.pdf
-  Attorneys at law * Misconduct * Public reprimand * Entering into a business transaction with a client.
 
Payne v. Jeffreys (May 24, 2006) (2006-Ohio-2288)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2288.pdf
-  Appeal from dismissal of a petition for a writ of habeas corpus * Habeas corpus is not available to challenge the validity or sufficiency of an indictment * Judgment affirmed.
 
State ex rel. Avalon Precision Casting Co. v. Indus. Comm. (May 24, 2006) (2006-Ohio-2287)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2287.pdf
-  Workers' compensation * Appeal from denial of petition for writ of mandamus * Industrial Commission did not abuse its discretion * Judgment affirmed.
 
State ex rel. Dobbins v. Indus. Comm. (May 24, 2006) (2006-Ohio-2286)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2286.pdf
-  Workers' compensation * Medical-file review by nonexamining physician * Industrial Commission's determination of weight and credibility of evidence * No duty to explain why some evidence deemed more persuasive than other evidence.
 
State v. Chandler (May 24, 2006) (2006-Ohio-2285)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2285.pdf
-  Criminal law * Drug trafficking * O.R.C. 2925.03 * Offer to sell substance purported to be crack cocaine * Conviction improper when substance offered is not in fact controlled substance * O.R.C. 2925.03(C)(4)(g) penalty enhancement does not apply to such transactions.
 

First District Court of Appeals

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*** JUDGMENT ENTRIES ***
 
State v. Haley (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050155.pdf
-  Haley was found guilty of one count of attempted murder and two counts of felonious assault, each with corresponding firearm specifications. The trial court sentenced Haley to a more-than-minimum term of incarceration on each count, merged the felonious assault counts for purposes of sentencing, and ordered Haley's sentences to run consecutively, for a total of fifteen years' incarceration. For the reasons that follow, we affirm the findings of guilt, but vacate the sentence and remand this case to the trial court for resentencing in accordance with State v. Foster.
 
State v. Richmond (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050211.pdf
-  Richmond was convicted of breaking and entering, a fifth-degree felony, in violation of O.R.C. 2911.13(A), and failure to comply with an order or signal of a police officer, in violation of O.R.C. 2921.331(B). The trial court imposed a four-year prison term for the failure-to-comply offense and an eleven-month prison term for the breaking and entering. The trial court also terminated Richmond's post-release control, which had been imposed by a court in Clermont County, and sentenced Richmond to a one-year prison term for violation of that post-release control. All three prison terms were ordered to be served consecutively. Richmond now appeals his convictions and sentence. Judgment AFFIRMED.
 
State v. Fuller (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050257.pdf
-  Fuller appeals a conviction for theft under R.C. 2913.02(A)(2). Judgment AFFIRMED.
 
State v. Hunter (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050268.pdf
-  Hunter was indicted for murder in violation of O.R.C. 2903.02(A) with a gun specification. He pleaded guilty to voluntary manslaughter in violation of O.R.C. 2903.03 and to the gun specification. Hunter was sentenced to consecutive terms of ten years for voluntary manslaughter and three years for the gun specification. Hunter appeals his conviction for voluntary manslaughter. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Hunter's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Lunsford (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050398.pdf
-  Lunsford pled guilty to violations of his community control resulting from a conviction for nonsupport of dependents. The trial court sentenced Lunsford to a six-month term of incarceration. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Lunsford's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Harp (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050441.pdf
-  Harp appeals the judgment of the trial court convicting him of attempted robbery, following his guilty plea. The trial court sentenced Harp to an eighteen-month term of incarceration following a joint recommendation by the defense and the prosecution. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Harp's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.

State v. Hanlon (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050442.pdf
-  Hanlon pleaded guilty to one count of robbery in violation of O.R.C. 2911.02(A)(3). The trial court sentenced him to three years of community control. Hanlon's probation officer filed a report of violations of community control, alleging that Hanlon had missed two random drug screens and had failed to meet with his probation officer on three occasions. Hanlon pleaded no contest to the violations and was found guilty. The trial court terminated Hanlon's community control and sentenced him to a prison term of four years. Hanlon appeals from the trial court's judgment that found him guilty of community-control violations and sentenced him to four years in prison. Judgment AFFIRMED.
 
State v. Greene (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050469.pdf
-  Greene, who had been classified as a sexually-oriented offender, was indicted for failing to give notice of his change of address in violation of O.R.C. 2950.05(E)(1). Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Greene's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
Rothenberg, et al. v. Cincinnati Area Board of Realtors, Inc. (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050485.pdf
-  Plaintiffs-appellants, a group of real estate brokers and agents represented by Edward Rothenberg, appeal the trial court's judgment that dismissed their complaint pursuant to Civ.R. 12(B)(6). Rothenberg filed a declaratory judgment action alleging that the board's denial of public access to the website was void because it was contrary to the constitution. He also sought an injunction directing CABR to reinstate public access. Upon the motion of CABR, the trial court dismissed the complaint. Rothenberg now asserts that the trial court erred when it granted CABR's motion to dismiss. JUdgment AFFIRMED.
 
State v. Franklin (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050488.pdf
-  Franklin appeals the judgment of the trial court convicting her of trafficking in cocaine, following her guilty plea. The trial court sentenced Franklin to a two-year community-control sanction. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Franklin's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Darryl McCoy (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050491.pdf
-  McCoy was indicted for forgery in violation of O.R.C. 2913.31(A)(3) and for possession of criminal tools in violation of O.R.C. 2923.24(A). He pleaded guilty to forgery. The trial court sentenced him to three years of community control. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that McCoy's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Wilson (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050500.pdf
-  Wilson appeals the judgment of the trial court convicting him of nonsupport of dependents, following his guilty plea. The trial court sentenced Wilson to a five-year community-control sanction. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Wilson's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Patterson (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050507.pdf
-  Patterson appeals the judgment of the Hamilton County Court of Common Pleas convicting her of possessing cocaine, a felony of the fifth degree. She was convicted after entering a guilty plea. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Patterson's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Edwards (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050534;%20C-050535.pdf
-  Edwards pled guilty to trafficking in cocaine and possession of cocaine and to trafficking in heroine. After conducting a detailed Crim.R. 11 colloquy, the trial court accepted Edwards's guilty pleas. Edwards argues that the trial court erred in not allowing him to withdraw his guilty pleas, imposing a sentence that was contrary to law, and that he received inffective assistance of counsel. Judgment AFFIRMED.
 
Zimmerman v. Superior Motors North, LLC, et al. (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050599.pdf
-  Zimmerman appeals from the trial court's judgment in a bench trial in favor of the defendants-appellees, Superior Motors North, LLC, Superior Motors West, LLC, and Hyundai Motor America. She contends that the trial court abused its discretion when it overruled (1) her request for a continuance during the trial because her expert witness was unavailable, and (2) her motion for leave to amend during the trial to conform her complaint to the evidence. Judgment AFFIRMED.
 
State v. Williams (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050626.pdf
-  Williams appeals the judgment of the Hamilton County Court of Common Pleas convicting him of gross sexual imposition, a felony of the fifth degree. He was convicted after entering a guilty plea.  Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Williams's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
In Re:  Joshlynn Boyles, Kasey Boyles, and Peter Boyles (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050654.pdf
-  William Boyles is the father of Joshlynn Boyles, Kasey Boyles, and Peter Boyles. He was imprisoned for involuntary manslaughter stemming from his role in having the mother of the children killed. He filed a motion to modify the juvenile court's order denying him visitation with the children in prison, and the court overruled the motion. He now argues that the juvenile court erred in denying the motion to modify visitation. The court reasonably concluded that it would not be in the children's best interest to be introduced to a prison setting. Judgment AFFIRMED.
 
Starks v. Symantec Corporation (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050657.pdf
-  Starks appeals from the trial court's judgment in favor of defendant-appellee, Symantec Corporation, on his claims that he had purchased a defective Symantec computer program from a third party. Symantec's motion was supported by evidence indicating that a genuine Symantec program disk would not have caused the type of computer damage that Starks sustained, and that the disk that Starks had purchased from an unauthorized distributor could not have been a genuine Symantec disk. Starks admittedly misplaced the disk on which his claims were based. Without the disk, Starks could not prove that the disk was produced by Symantec, and Symantec could not defend itself by proving the disk to be a counterfeit. Judgment AFFIRMED.
 
State v. David McCoy (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050692.pdf
-  McCoy appeals the judgment of the trial court convicting him of four counts of nonsupport in violation of O.R.C. 2919.21(A)(2), following his plea of guilty. The trial court sentenced McCoy to a total prison term of four years. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that McCoy's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Young (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050700.pdf
-  Young entered a guilty plea to two counts of nonsupport in violation of O.R.C. 2919.21(A)(2). The trial court convicted him of both counts and sentenced him to a total prison term of ten months. Young now appeals his convictions. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Young's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
State v. Armstrong (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050737.pdf
-  Armstrong pled guilty to one count of robbery. The trial court sentenced Armstrong to community control, which he subsequently violated. The court revoked Armstrong's community control and sentenced him to five years in prison, pursuant to an agreed sentence. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Armstrong's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.

Passmore v. College of Medicine University of Cincinnati (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050763.pdf
-  Passmore attended the University of Cincinnati College of Medicine. After suffering an athletic injury and experiencing an extreme bout of depression, Passmore took a leave of absence from the university. Passmore was dismissed from the College of Medicine. As a result of the dismissal, Passmore filed suit. He alleged that the university had dismissed him based on his disability in violation of O.R.C. 4112.022(A) and (E). The University of Cincinnati filed a motion to dismiss Passmore's complaint under Civ.R. 12(B)(1). The trial court granted the motion to dismiss; Passmore has appealed. Judgment AFFIRMED.
 
State v. Kidd (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050922.pdf
-  Kidd pled guilty to two counts of forgery. The trial court sentenced Kidd to community control, which she subsequently violated. Kidd has asserted that the trial court should not have sentenced her to prison following her community-control. We hold that Kidd's appeal is without merit and is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment and sentence of the trial court.
 
Booher v. Moore, et al. (May 24, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050931.pdf
-  Booher appeals the summary judgment entered in favor of defendant-appellee, Grange Mutual Casualty Company, on Booher's claims arising from property damage caused by Grange's former insured. We affirm.
 

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

 

Superior Beverage v. Schieffelin & Co (May 24, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0179p-06.pdf
-  Schieffelin & Co., an alcohol distributor, appeals two orders from the district court, in which that court abstained from exercising jurisdiction based on the Supreme Court's decision in Louisiana Power & Light Co. v. Thibodaux, 360 U.S. 25 (1959). Superior Beverage has cross-appealed on the same issue. The district court based its decision on the fact that the litigation is alcohol-related; it determined that Ohio has a complex regulatory scheme dealing with the distribution of alcohol, and that the Twenty-first Amendment grants to the states authority to regulate all alcohol-related matters. For the following reasons, we REVERSE the order of the district court, and REMAND for further proceedings.
 

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

 

No Opinions.
 

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