Daily Case Update Archive

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February 7th, 2007

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

TOPICS:
- Awards
- Attorney Misconduct
- Contracts
- Criminal law
- Firearm specifications
- Burglary
- Zoning Ordinance
- Family Law - permanent custody
- Qualified immunity
 

Ohio Supreme Court

 

State ex rel. Boccuzzi v. Cuyahoga Cty. Bd. of Commrs. (Feb. 7, 2006)
(2007-Ohio-323)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-323.pdf
-  Mandamus - Pleading specific facts - No legal duty to separately
award a portion of a joint construction project - Judgment affirmed.

Cincinnati Bar Assn. v. Rothermel (Feb. 7, 2006) (2007-Ohio-258)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-258.pdf
-  Attorneys - Misconduct - Conduct prejudicial to the administration
of justice - Conduct adversely reflecting on fitness to practice law -
Practicing law in violation of jurisdictional regulations - Permanent
disbarment.

Preferred Capital, Inc. v. Power Engineering Group, Inc. (Feb. 7, 2006)
(2007-Ohio-257)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-257.pdf
-  In a contract between two commercial entities, a floating
forum-selection clause is valid absent a finding of fraud or
overreaching or a finding that enforcement of the clause would be
unreasonable or unjust - A floating forum-selection clause may be held
to be unreasonable if enforcing it would be against public policy.

State v. Pelfrey (Feb. 7, 2006) (2007-Ohio-256)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-256.pdf
-  Criminal law - R.C. 2945.75 - Verdict form must include the degree
of the offense of which a defendant is convicted or statement that an
aggravating element has been found by the jury to justify conviction of
a greater degree of a criminal offense.

Morrow Cty. Airport Auth. v. Whetstone Flyers, Ltd. (Feb. 7, 2006)
(2007-Ohio-255)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-255.pdf
-  Contracts - R.C. 308.04 and 2921.42 - Absent legislation to the
contrary, a contract entered into in violation of R.C. 308.04 and
2921.42 is not void.
 

First District Court of Appeals

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*** Judgment Entries ***

State v. German (Feb. 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-051001.pdf
-  German was found guilty of two counts of felonious assault with
corresponding firearm specifications. The trial court sentenced him to a
total of ten years' incarceration. The sentence included three- and
five-year terms of incarceration on the firearm specifications, to be
served consecutively. German now appeals. We affirm.

State v. Alshahid (Feb. 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060007.pdf
-  Defendant-appellant, Curtis Alshahid, appeals three convictions for
burglary under R.C. 2911.12(A)(2). We affirm two of the convictions,
reverse one, and remand the case for the entry of a new conviction for a
lesser-included offense and for resentencing.

Village of Indian Hill v. Wenker (Feb. 7, 2006)
http://www.hamilton-co.org/appealscourt/Decisions/C-060273,%20C-060301.pdf
-  Donald Wenker appeals his conviction for a violation of the Indian
Hill Zoning Ordinance. Indian Hill cross-appeals the fine that the trial
court imposed for the violation. We conclude that neither party has
raised a meritorious assignment of error, and we therefore affirm the
judgment of the trial court.

In Re:  Royles Children (Feb. 7, 2006)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060962.pdf
-  Appellant Angela Hoenninger challenges the Hamilton County Juvenile
Court's adoption of a magistrate's decision adjudicating her five
children neglected and committing them to the permanent custody of the
appellee, Hamilton County Jobs and Family Services ("HCJFS").
Judgment AFFIRMED.
 

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

 

No Opinions.
 

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

 

Livermore v. Lubelan  (Feb. 7, 2007) (Appeal from thte W.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0056p-06.pdf
-  Defendants Daniel Lubelan and Jerry Ellsworth appeal the denial of
their motion for summary judgment brought pursuant to FED. R. CIV. P.
56(c). Defendants argue that the district court mistakenly concluded
that genuine issues of material fact precluded the entry of summary
judgment and that it failed to consider whether defendants were entitled
to qualified immunity from plaintiff Geraldine Livermore's Fourth
Amendment claims. Defendants argue further that Livermore's state law
claims of gross negligence fail as a matter of Michigan law. For the
reasons set forth below, we reverse the district court's denial of
defendants' motion for summary judgment.
 

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