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!

January 12th, 2007

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

TOPICS:
- Constitutional Law/Crim
- Workers' Compensation - Procedure/Rules - Evid/Wit/Trial
- Moot Appeal
- Bankruptcy - Motion to convert
- Speedy Trial Act
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

[Search Other Ohio Districts]
 

State v. Dean (Jan. 12, 2007) (2007-Ohio-91)
-  http://www.sconet.state.oh.us/rod/newpdf/1/2007/2007-ohio-91.pdf
-  Cincinnati Municipal Code 910-12(a) through (e), which regulate
public solicitations of money within the city, are constitutional parts
of a content-neutral ordinance: Because those provisions only restrict
solicitation during certain hours and at specific locations, they are
narrowly tailored to regulate the time, place, and manner of
solicitation occurring in Cincinnati, and they leave open ample
alternative channels of communication. Because of the First Amendment
principles implicated by a licensing and registration requirement, a
party has standing to challenge such a requirement even if he or she has
never applied for a license or registration. Cincinnati Municipal Code
910-12(f) through (i), which require that a solicitor obtain a
registration from the city and provide for review of administrative
decisions concerning registration issues, are unconstitutional in that
they impose a prior restraint on speech: Although the provisions allow
for judicial review of decisions from the city's Office of
Administrative Hearings, the ambiguity resulting from the failure to
define what constitutes a reasonable time for the issuance of an
administrative decision unacceptably precludes the prompt judicial
review necessary for the registration requirements to pass
constitutional muster. The unconstitutional parts of Cincinnati
Municipal Code 910-12 are capable of being severed from the ordinance,
and the remaining provisions remain valid. Judgment AFFIRMED.
 
Brown v. Mabe (Jan. 12, 2007) (2007-Ohio-90)
-  http://www.sconet.state.oh.us/rod/newpdf/1/2007/2007-ohio-90.pdf
-  The trial court erred in granting a motion in limine, excluding the
employee's expert's testimony, and then granting summary judgment to the
employer on the basis that the employee could not sustain his burden of
proof in a workers' compensation case, because the exclusion of the
evidence was unnecessary prejudicial to the employee and prevented him
from showing that he was entitled to prevail on his claim for benefits.
The trial court erred in granting the employer's motion for summary
judgment in a workers' compensation case, where the employer had failed
to satisfy its initial burden of pointing to some evidence in the record
showing that "left shoulder strain and synovitis" as diagnosed by the
employee's expert was a different condition than "left shoulder joint
effusion and tendonitis," the condition that the Bureau of Workers'
Compensation had actually considered. (Drescher v. Burt, 75 Ohio St.3d
280, 1996-Ohio-107, 662 N.E.2d 264, followed.) Judgment REVERSED and
Cause REMANDED.
 

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

 

Stewart v. Blackwell (Jan. 12, 2007) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0015p-06.pdf
-  ORDER: The plaintiffs, having agreed with the defendants before en
banc review that this appeal has become moot, request that this Court
vacate the district court's judgment and remand with instructions to
dismiss. The judgment of the district court is vacated, and the case is
remanded with instructions to dismiss as moot.
 
In re: Thomas Condon v. (Jan. 12, 2007) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/07b0002p-06.pdf
-  Thomas C. Condon (the "Debtor") appeals the bankruptcy court's
denial of his motion to convert his chapter 7 case to chapter 13. For
the reasons that follow, the bankruptcy court's decision is VACATED and
REMANDED.
 

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

 

USA v. Jackson (Jan. 12, 2007) (Appeal from E.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0014p-06.pdf
-  Defendant Charles Jackson ("Jackson") appeals his conviction on one
count of distribution and possession with intent to distribute more than
five grams of crack cocaine. He argues that he is entitled to a new
trial because the government violated the Speedy Trial Act and the Sixth
Amendment by prejudicially delaying his trial, because the trial court
erred in admitting prejudicial evidence related to his Virginia state
drug conviction (though not the fact of the conviction itself), because
the evidence presented at trial was insufficient to support his
conviction, and because the prosecutor improperly vouched for the
truthfulness of government witnesses. For the reasons set forth below,
we AFFIRM Jackson's conviction.
 

Daily Case Updates