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.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list. Not a member? Join today!

May 31, 2006

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

TOPICS:
- Sentencing
- Statute of limitations * Sexual abuse of minors
- Attorney Misconduct
- Workers' compensation
- Sales and use tax
- Domestic relations * Child-support arrearages
- Probate - Joint and survivorship
- Criminal law * Aggravated murder
- Evidence insufficient
- Frivolous appeal
- Plea procedures
- Postconviction Relief
- Warrantless entry

Ohio Supreme Court: In re Ohio Criminal Sentencing Statutes Cases (May 31, 2006) (2006-Ohio-2426)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2626.pdf
- Criminal law * Felonies * Sentencing * Cases accepted and disposed of on the authority of State v. Mathis.

Doe v. Archdiocese of Cincinnati (May 31, 2006) (2006-Ohio-2425)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2625.pdf
- Statute of limitations * Sexual abuse of minors * A minor who is the victim of sexual abuse has two years from the date he or she reaches the age of majority to assert any claims against the employer of the perpetrator arising from the sexual abuse when at the time of the abuse, the victim knows the identity of the perpetrator, the employer of the perpetrator, and that a battery has occurred. (Doe v. First United Methodist Church (1994), 68 Ohio St.3d 531, 629 N.E.2d 402, followed.)

Cleveland Bar Assn. v. James (May 31, 2006) (2006-Ohio-2424)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2424.pdf
- Attorneys * Misconduct * Failure to cooperate in a disciplinary investigation * One-year suspension.

Cincinnati Bar Assn. v. Washington (May 31, 2006) (2006-Ohio-2423)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2423.pdf
- Attorneys * Misconduct * Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation * Charging excessive fees * Failing to maintain separate account * Two-year suspension, with 18 months stayed on conditions.

Lake Cty. Bar Assn. v. Ryan (May 31, 2006) (2006-Ohio-2422)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2422.pdf
- Attorneys at law * Misconduct * Conduct involving fraud, deceit, dishonesty, or misrepresentation * Neglect of an entrusted legal matter * Failure to carry out contract of employment * Failure to cooperate in disciplinary investigation * Failure to maintain records of and account for client funds * Failure to promptly return client funds * Failure to preserve client funds in a separate, identifiable account * Two-year suspension partially stayed on conditions.

State ex rel. Coffman v. Indus. Comm. (May 31, 2006) (2006-Ohio-2421)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2421.pdf
- Workers' compensation * Violation of specific safety requirement * Ohio Adm.Code 4121:1-5-23(A) * Isolation from voltage source * Unilateral negligence doctrine inapplicable.

Castle Aviation, Inc. v. Wilkins (May 31, 2006) (2006-Ohio-2420)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2420.pdf
- Sales and use tax * Exception for purchases by public utility * Air carrier's claim to be public utility rejected.

Smith v. Smith (May 31, 2006) (2006-Ohio-2419)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2419.pdf
- Domestic relations * Child-support arrearages * O.R.C. 3111.13(F)(3)(a) violates Section 28, Article II of Ohio Constitution when applied to judgment ordering payment of child-support arrearage that existed prior to the statute's amendment.

Estate of Cowling v. Estate of Cowling (May 31, 2006) (2006-Ohio-2418)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2418.pdf
- Joint and survivorship accounts * Presumption of equal ownership rebuttable by evidence of individual net contributions * Constructive trusts * Tracing of property over which constructive trust is imposed * Burdens of proof.

State v. Tenace (May 31, 2006) (2006-Ohio-2417)
- http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2417.pdf
- Criminal law * Aggravated murder * O.R.C. 2929.04(B)(7) "other factors" * Death penalty reversed.
First District Court of Appeals: [Search Other Ohio Districts]; ***JUDGMENT ENTRIES***

State v. Kohl(May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050059.pdf
- Kohl was convicted of receiving stolen property under ORC 2913.51(A). Kohl contends that the evidence was insufficient to support his conviction. Judgment AFFIRMED.

State v. David (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050250.pdf
- David pleaded no contest to and was convicted of attempted felonious assault by means of a deadly weapon or dangerous ordnance. The trial court found David guilty of violating the terms of his community control and sentenced David to seven years' incarceration. Subsequently, the trial court vacated David's sentence and imposed a term of two years' incarceration. David has appealed. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that David'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. Wallace (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050266.pdf
- Wallace appeals from his convictions for complicity to murder, in violation of O.R.C. 2903.02(B), and to aggravated robbery, in violation of O.R.C. 2911.01(A)(1), in the armed robbery of a convenience store. The trial court sentenced Wallace to a five-year-to-life prison term for the murder and to a nine-year prison term for the aggravated robbery, to be served consecutively with 372 days credit for time served. Wallace challenges the weight and the sufficiency of the evidence to support his convictions. Judgment AFFIRMED.

State v. Chapman (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050384.pdf
- Chapman was originally convicted of felonious assault under O.R.C. 2903.11(A)(1), and he received a three-year prison term. After he had served some of his prison term, Chapman filed a motion for judicial release. The trial court granted the motion and placed him on community control. He was twice charged with violating his community control. After the second violation, the trial court terminated the community control and ordered Chapman to serve the remaining time of his three-year sentence. He argues that the trial court failed to comply with Crim.R 11(C) when it failed to advise him of mandatory post-release-control requirements. Chapman contends that the trial court erred in denying his motion for a new trial without affording him an evidentiary hearing. Judgment AFFIRMED.

State v. Strothers (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050425.pdf
- Strothers was convicted of three traffic violations: failure to maintain reasonable control, operating a motor vehicle under the influence of alcohol, and operating a motor vehicle with a prohibited breath-alcohol content. Strothers now appeals his "drunk-driving" convictions only, bringing forth a single assignment of error and contending that his convictions were not supported by sufficient evidence. Judgment AFFIRMED.

State v. Millow (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050459.pdf
- Millow presents on appeal a single assignment of error that, in essence, challenges the common pleas court's denial of his petition for postconviction relief. Judgment AFFIRMED.

State v. Brooks (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050598.pdf
- Brooks appeals his conviction for one count of possession of cocaine. Brooks pleaded guilty to the offense, and the trial court sentenced him to eleven months in prison. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Brooks'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. Gaskins (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050631.pdf
- Gaskins appeals his conviction for involuntary manslaughter with a gun specification. He claims that the trial court erred in denying his motion to allow his defense counsel or his defense expert to be present at the state's testing of the gun and in denying his motion to have the test videotaped. Gaskins also, asserts that the trial court erred in sentencing him to the maximum term without making findings. Judgment AFFIRMED.

State v. Robbins (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050690.pdf
- Robbins appeals his conviction for one count of failure to comply with an order or signal of a police officer a fourth-degree felony. Robbins pleaded guilty to the offense. The trial court sentenced him to fifteen months in prison and suspended his driver's license for four years. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that Robbins'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. Lamont Williams (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050696.pdf
- Williams and three others assaulted, kidnapped, and robbed Jeffrey Summers. Several days later, Williams and another person assaulted, kidnapped, and robbed Aaron Cheatham. For his offenses against Summers, Williams received concurrent four-year sentences, to be served consecutively to a three-year term for one specification. For his offenses against Cheatham, Williams received concurrent five-year sentences, to be served consecutively to a three-year term for one specification. Williams now appeals his sentences, arguing that the trial court erred by imposing consecutive sentences based on O.R.C. 2929.14(E), which unconstitutionally allows a court to determine facts that enhance a sentence beyond what the defendant would have received based solely on a jury verdict or any admission of the defendant. Williams was sentenced under unconstitutional statutes, and therefore we must sustain the assignment of error, vacate the sentences, and remand the case for resentencing in light of Foster.

State v. McKinney (May 31, 2006) -
- http://www.hamilton-co.org/appealscourt/Decisions/C-050739.pdf
- Michael McKinney appeals his conviction for one count of possession of cocaine. McKinney pleaded guilty to the offense, and the trial court sentenced him to eleven months in prison. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record. We hold that McKinney'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. David Williams (May 31, 2006)
- http://www.hamilton-co.org/appealscourt/Decisions/C-050956.pdf
- Williams appeals his convictions for four counts of trafficking in cocaine, three counts of possession of cocaine, one count each of aggravated possession of drugs, aggravated trafficking in drugs, possession of marihuana, and trafficking in marihuana, and two counts of having weapons while under a disability. Williams pleaded guilty to the offenses, and the trial court sentenced him to three years in prison. 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.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: No Opinion.
U.S. Sixth Circuit Court of Appeals: Other States Cases: USA v. Brown (May 31, 2006) (Appeal from E.D. Kentucky)
- http://www.ca6.uscourts.gov/opinions.pdf/06a0184p-06.pdf
- Defendant Dois Edward Brown appeals from the denial of his motion to suppress evidence obtained as a result of a warrantless entry into his home by a police officer responding to the reported activation of his home security system. Having preserved the issue by entering a conditional plea of guilty, defendant argues that the district court erred in finding (1) that the officer's entry into the basement was justified under the exigent circumstances exception to the warrant requirement, and (2) that the officer's entry into the interior room of the basement did not exceed the scope of the exigency. In that interior room, the officer found approximately 176 marijuana plants in plain view. After review of the record and the arguments presented on appeal, we affirm.

Law Blog

Daily Case Updates