Daily Case Update Archive

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June 7, 2006

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

TOPICS:
- Motion for a new trial
- Manifest weight of the evidence
- Prior service counted in computing vacation leave.
- Civ.R. 52 - Findings by the court
- Damages award - head injury
- constitutional statutes - sentencing
- Expungement denied - DUI offender- jurisdiction
- Real Property - adverse possession
- Jury Instructions
- Employment - termination - Absent without leave
- Civ.R. 15(A) - amend complaint
- Federal Insurance Contribution Act
- Jury - Voir dire - indoctrinated
 

Ohio Supreme Court

 

In re Ohio Criminal Sentencing Statutes Cases (June 7, 2006) (2006-Ohio-2721)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2721.pdf
-  Criminal law * Felonies * Sentencing * Cases accepted and disposed of on the authority of State v. Foster.
 
State v. Stevens (June 7, 2006) (2006-Ohio-2580)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2580.pdf
-  Criminal law * Sentencing * Appellate review * Court of appeals' judgment reversed and cause remanded to the trial court on the authority of State v. Saxon.
 
Cleveland Bar Assn. v. Helfgott (June 7, 2006) (2006-Ohio-2579)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2579.pdf
-  Attorneys at law * Misconduct * Conduct involving dishonesty * Neglect of entrusted legal matters * Failure to refund unearned fees * Intentionally prejudicing a client during the course of professional relationship * Failure to cooperate in disciplinary investigation * Disbarment.
 
Anderson v. Nationwide Mut. Fire Ins. Co. (June 7, 2006) (2006-Ohio-2578)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2578.pdf
-  Appeal dismissed as improvidently accepted.
 
Knox Cty. Bd. of Commrs. v. Knox Cty. Engineer (June 7, 2006) (2006-Ohio-2576)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2576.pdf
-  Political subdivisions * County engineer's office * Funding * O.R.C. 315.12 * Section 5a, Article XII, Ohio Constitution restricts expenditure of moneys derived from vehicle fees, excises, or license taxes to the highway purposes listed therein or to purposes directly connected thereto.
 
Butler Cty. Bar Assn. v. Cornett (June 7, 2006) (2006-Ohio-2575)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2575.pdf
-  Political subdivisions * County engineer's office * Funding * O.R.C. 315.12 * Section 5a, Article XII, Ohio Constitution restricts expenditure of moneys derived from vehicle fees, excises, or license taxes to the highway purposes listed therein or to purposes directly connected thereto.
 

First District Court of Appeals

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*** Judgment Entries***
 
State v. Bloomfield (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040453,%20C-040898.pdf
-  Bloomfield was charged with six counts of unlawful sexual conduct with a minor. Bloomfield was found guilty by a jury of five counts and acquitted on one count. He was sentenced to four years' incarceration on each count, to be served concurrently. Bloomfield filed a motion for a new trial based upon newly discovered evidence, which the trial court overruled. Bloomfield has appealed his convictions and the denial of his motion for a new trial. The appeals have been consolidated. The judgment of the trial court is affirmed in part and reversed in part, and the cause is remanded for resentencing and for further proceedings consistent with law and this judgment entry.
 
State v. Benning (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040636.pdf
-  Benning was found guilty of murder and three counts of felonious assault, along with corresponding firearm specifications. The trial court sentenced him to a term of incarceration of thirty-nine years to life. Benning now contends that (1) the verdict was against the weight of the evidence, and (2) that the trial court erred in overruling his motion for a new trial. Judgment AFFIRMED.
 
Sandfort v. City of Cincinnati, et al. (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040876.pdf
-  Lemmie and the city of Cincinnati appeal from the judgment of the Hamilton County Common Pleas Court awarding plaintiff-appellee Steve Sandfort $13, 874.56 in back vacation pay. The city contends that the trial court erred as a matter of law in compensating Sandfort for the remainder of his back vacation time, when O.R.C. 9.44 and Administration Regulation 38 limited his remuneration to the six years preceding his request for the benefits. Judgment REVERSED and cause REMANDED for further proceedings consistent with this judgment entry and the law.
 
Jackson v. Shelina Richardson (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050195.pdf
-  Jackson appeals from the trial court's judgment in favor of Richardson following a bench trial. Jackson moved the court under Civ.R. 52 to issue findings of fact and conclusions of law. The trial court overruled Jackson's motion. Jackson now contends (1) that the trial court erred by failing to issue findings of fact and conclusions of law, and (2) that the trial court erred by entering judgment in favor of Richardson. We reverse the trial court's judgment and remand this case with instructions to the trial court to issue separate findings of fact and conclusions of law as mandated by Civ.R. 52 before reentering its judgment.
 
Myrick v. Tucker (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050218.pdf
-  Myrick filed a complaint in small claims court for wages she allegedly lost due to a head injury she suffered during a fight with defendant-appellee LaQuita Tucker. Following a hearing, the magistrate awarded Myrick damages of $1.00 and court costs. Myrick alleges that the trial court erred in adopting the magistrate's decision because the damages awarded were inadequate. We have reviewed the record and we hold that it fully supports the magistrate's decision as adopted by the trial court. As long as some competent and credible evidence supports a trial court's judgment, it cannot be reversed.
 
State v. Mansfield (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050227.pdf
-  Mansfield pleaded no contest to and was found guilty of possession of cocaine. He was sentenced to six months' incarceration. Mansfield alleges that his sentence was based upon unconstitutional statutes. Judgment AFFIRMED.
 
State v. McDade (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050253.pdf
-  The assignments of error are overruled because the trial court had no jurisdiction to grant McDade's application for expungement of his conviction for possession of cocaine. McDade was convicted of DUI. A conviction for DUI "always bars expungement of the record of a conviction for another criminal offense." Judgment AFFIRMED.
 
Dimenna, et al. v. Pflanz, et al.  (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050289.pdf
-  Defendants-appellants, Leonard F. Pflanz and Della P. Pflanz, appeal the trial court's judgment holding that plaintiffs-appellees, Italo DiMenna and Betty DiMenna, had acquired some of their property through adverse possession. The Pflanzes contend that the trial court erred in finding by clear and convincing evidence that the DiMennas had adversely possessed the strip of land in question. Judgment AFFIRMED.
 
State v. Joseph (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050363.pdf
-  Joseph was charged with robbery and felonious assault. After a trial to a jury in which he did not present a defense, Joseph was convicted. Joseph claims that his convictions were contrary to the manifest weight of the evidence. Judgment AFFIRMED.
 
State v. Steve Richardson (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050431.pdf
-  Steve Richardson shot Charles Richardson in the upper right thigh, which severed his femoral artery, almost causing him to bleed to death. Although Richardson and Charles both referred to the shooting as an "accident," the facts that were presented at trial demonstrated that it was not. Richardson was convicted of two counts of felonious assault in violation of O.R.C. 2903.11(A)(1) and (2), with two accompanying gun specifications. The trial court imposed a total prison term of six years. Richardson contests the sufficiency and the weight of the evidence underlying his convictions. Judgment AFFIRMED.
 
State v. Dubose (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050520.pdf
-  Dubose was convicted of burglary. The trial court sentenced Dubose to eight years in prison. Dubose argues that the trial court erred by incorrectly instructing the jury on the elements of burglary. Specifically, Dubose contends that the court's instruction effectively removed from the jury's consideration an essential element of the crime. Judgment AFFIRMED.
 
Saylor v. City of Cincinnati, et al. (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050671.pdf
-  Saylor appeals from the decision of the Hamilton County Common Pleas Court that affirmed the Cincinnati Civil Service Commission's decision to terminate his employment with defendant-appellee, the City of Cincinnati. The city notified Saylor that he was being discharged because he had been absent without leave more than three consecutive days, and because his driver's license had been suspended. Saylor appealed his discharge to the Cincinnati Civil Service Commission. Following a hearing, the commission upheld his discharge. Saylor appealed the commission's decision to the common pleas court, which also upheld his dismissal. Saylor claims that the trial court committed reversible error in affirming the commission's decision to terminate his employment. Judgment AFFIRMED.
 
West v. Willis Heating & Air Conditioning (June 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050884.pdf
-  West appeals from the trial court's entry of summary judgment in favor of defendant-appellee Willis Heating and Air Conditioning. In three assignments of error, West argues that the trial court erred by (1) entering summary judgment in favor of Willis Heating; (2) dismissing her case for failure to prosecute; and (3) denying her motion for leave to amend her complaint. Given the timing of West's motion and the absence of a finding that West had acted in bad faith or that Willis Heating would have been unduly prejudiced, we hold that the trial court erred by denying West leave to amend her complaint. Therefore, we reverse the judgment of the trial court and remand this cause for further proceedings.
 

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

 

No Opinion.
 

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

 

Appoloni, et al v. USA  (June 7, 2006) (Appeal from W.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0190p-06.pdf
-  In these cases consolidated on appeal, we address whether payments made to public school teachers, who relinquished their statutory tenure rights and resigned from their positions upon accepting the payments, constitute "wages" taxable under the Federal Insurance Contribution Act ("FICA"). Appoloni v. United States was filed in the United States District Court for the Western District of Michigan; Klender v. United States was filed in the United States District Court for the Eastern District of Michigan. In each case, both parties filed cross-motions for summary judgment. In Appoloni, the district court granted summary judgment for the government; in Klender, the court granted summary judgment for the Plaintiffs. For the following reasons, we hold that the payments made in exchange for the relinquishment of statutorily granted tenure rights constitute "wages" taxable under FICA. Thus, we REVERSE the district court's judgment in Klender, and we AFFIRM the court's judgment in Appoloni.
 
Klender, et al v. USA (June 7, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0190p-06.pdf
-  In these cases consolidated on appeal, we address whether payments made to public school teachers, who relinquished their statutory tenure rights and resigned from their positions upon accepting the payments, constitute "wages" taxable under the Federal Insurance Contribution Act ("FICA"). Appoloni v. United States was filed in the United States District Court for the Western District of Michigan; Klender v. United States was filed in the United States District Court for the Eastern District of Michigan. In each case, both parties filed cross-motions for summary judgment. In Appoloni, the district court granted summary judgment for the government; in Klender, the court granted summary judgment for the Plaintiffs. For the following reasons, we hold that the payments made in exchange for the relinquishment of statutorily granted tenure rights constitute "wages" taxable under FICA. Thus, we REVERSE the district court's judgment in Klender, and we AFFIRM the court's judgment in Appoloni.
 
USA v. Guzman (June 7, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0191p-06.pdf
-  A jury found Defendant Nemorio Guzman guilty of conspiracy to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1), and for aiding and abetting the possession with intent to distribute 500 grams or more of cocaine, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1). Guzman appeals both his conviction and sentence on the ground that the district court's voir dire "indoctrinated" the entire panel with a belief that criminal defendants are usually guilty. For the reasons that follow, we AFFIRM.
 

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