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 , 2006 , 2007 , 2008 , 2009 , 2010.

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June 21, 2006

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

TOPICS:
- Attorney Discipline:  illegal conduct, employment affecting personal interest, financial misconduct
- Civil Procedure:  final appealable order, standing
- Criminal:  effectiveness of counsel, prosecutorial misconduct,
standard of review
- Criminal Procedure:  Rule 11
- Evidence: search: probable cause
- Family:  custody
- Immigration:  imputing parents' fraud to minors
- Insurance:  multiple claims, stacking, underinsured/uninsured
- Real Estate:  forebearance agreement, foreclosure
 

Ohio Supreme Court

 

Columbus Bar Assn v. Stubbs (June 21, 2006) (2006-Ohio-2818)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2818.pdf
-  Stubbs was charged with illegal conduct involving moral turpitude
when, after being ticketed for a minor traffic offense, she falsified a
document to convince the Bureau of Motor Vehicles that she had been
insured at the time of the traffic citation, when she didn't show up for
trial and, after pleading guilty and failing to pay fine, a second
warrant was issued.  6 month stayed suspension.

Cuyahoga County Bar Assn v. Marosan (June 21, 2006) (2006-Ohio-2816)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2816.pdf
-  Marosan was charged with failing to do work for retainer, failing to
put the retainer in a trust account, failing to return the retainer and
client's will, and failing to maintain malpractice insurance.  6 month
suspension.

State v. Conway (June 21, 2006) (2006-Ohio-2815)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2815.pdf
-  Conway was convicted of aggravated murder and received the death
penalty.  He appealed, asserting eight propositions of law, relating to
pre-trial publicity, jury instructions, suffiency of evidence, and
evidence of other acts.  AFFIRMED.

Toledo Bar Assn v. Burkholder (2006-Ohio-2817)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2817.pdf
-  Burkholder was charged with conduct adversely affecting lawyer's
fitness to practice, and barring acceptance of employment where
professional judgment may be affected by personal interests, when
Burkholder repeatedly asked client seeking divorce out on dates.  6
months stayed suspension.
 

First District Court of Appeals

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*** Judgment Entries ***

In re:  Christian Littlejohn (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060253.pdf
-  Mother appealed grant of custody to Hamilton County Job and Family
Services.  She is paranoid schizophrenic and the child's father was
incarcerated.  The boy had been adjudicated dependent before permanent
custody was granted.  The boy's mother argued that withdrawal of child's
father's attorney was error.  AFFIRMED, because mother does not have
standing to challenge the withdrawal.

State v. Aiken (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050563.pdf
-  Aiken was convicted of failing to obey an order or signal of an
officer and sentenced to three years.  AFFIRMED, because court complied
with Criminal Rule 11 and there was no evidence Aiken didn't understand
she was pleading guilty.

State v. Boothe (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050513.pdf
-  Defendant appealed her conviction of misdemeanor domestic violence,
arguing that the trial court had erred and clearly lost its way.
AFFIRMED.

State v. Carter (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050392.pdf
-  Carter plead guilty to possession of cocaine and he was placed on
community control.  The court was notified he'd violated community
control, for which he was charged and convicted.  He was again placed on
community control, and again charged and convicted of violating it.  He
was sentenced to 1 year in prison and appealed.  AFFIRMED, because no
evidence of inadequate counsel or prejudice by lack of cross-examination
of probation officer and presence of counsel at probable cause hearing,
since counsel was present and cross-examined probation officer at
evidentiary hearing.

State v. Duling (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050543.pdf
-  Defendant appealed conviction of rape and unlawful sexual contact
with a minor.  He argued that his due process rights had been violated
when the assistant prosecutor voiced opinions about Duling's credibility
and told the jury he was a liar.  AFFIRMED, because, although
prosecutor's remarks were improper and constituted misconduct, Duling
had failed to object at trial and so remarks did not meet level of plain
error.

State v. Martin (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050614.pdf
-  Martin was arrested for obstructing official business, and police
discovered crack cocaine on him.  Martin moved to suppress the evidence
for lack of probable cause.  The trial court denied his motion, and he
plead no contest and was sentenced to three years community control.
Martin appealed denial of motion to suppress.  AFFIRMED, because
evidence indicates that defendant, although running from police who had
not yelled at him to stop, was aware they were pursuing him.

State v. White (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050197.pdf
-  White appealed his conviction for murder, arguing that the evidence
was insufficient and that the trial court erred in denying his motion
for a new trial.  AFFIRMED. 

State v. Young (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050581.pdf
-  Young appealed his conviction for possession of cocaine, arguing
prosecutorial misconduct, ineffective counsel, and imposing a
greater-than-minimum prison term.  AFFIRMED, except for the sentence,
which is VACATED and REMANDED for resentencing. 

Terry v. Yeary (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050659.pdf
-  Plaintiffs were injured when their car was struck, first by an
insured driver who crossed the center line from the opposite direction,
then by an uninsured driver from behind.  They sued the insured driver,
the uninsured driver, and made a claim against their own driver's policy
for under/uninsured motorist coverage (UM/UIM), claiming that their
damages were in excess of the defendant's policy.  The insurance
company, State Auto, was the same for the plaintiffs' driver and for the
insured defendant, and it moved for summary judgment because the two
policies were the same, and so the plaintiffs could not prevail on an
underinsured claim.  The trial court denied the summary judgment motion
and the State Auto appealed. AFFIRMED, because Ohio Supreme Court has
held that underinsured coverage is available where multiple claimants
render available amount inadequate to cover losses, this holding wasn't
superseded by amendments to Ohio Revised Code 3937.18(F), and the
plaintiffs weren't "stacking" coverage.

Wells Fargo Home Mortgage v. Tolliver (June 21, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050616.pdf
-  Wells Fargo foreclosed on mortgage and note executed by defendant.
The trial court granted a default judgment when defendant failed to
appear.  Defendant entered forbearance agreement but failed to make
payments, and the property was sold, and confirmed by the court.
Tolliver moved for relief from the judgment, which was recommended by
the magistrate and granted by the trial court, setting aside the sale
and distributing the sale proceeds.  Wells Fargo filed a notice that
Tolliver had again failed to make payments, and scheduled a third sale,
which was blocked by a temporary restraining order granted to Tolliver.
Wells Fargo then moved for summary judgment, arguing that Tolliver had
breached the forebearance agreement.  The trial court journalized an
entry denying summary judgment.  DISMISSED, because journalized entry
lacked Rule 54(B) language making it a final, appealable order.
 

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

 

No Opinion.
 

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

 

Singh v. Gonzales (June 21, 2006) (Appeal from Board of Immigration
Appeals)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0201p-06.pdf
-  Husband entered the US using documents received by recently deceased
cousin.  Upon arrival with his wife, he sought a divorce.  They
remarried, with the husband using his cousin's name, in order to secure
his wife and daughter's admission to the US.  The mother and daughter
were ordered removed to India, and the Board of Immigration Appeal
affirmed, finding that the fraudulent intent of custodial parents was
imputed to their minors.  GRANT petition for review for daughter in
order to set aside her removal for fraud and REMAND to the Board for a
formal determination, and DISMISS challenges to denial of discretionary
relief because of lack of jurisdiction.
 

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