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February 14th, 2007

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

TOPICS:
- Criminal Law - postconviction
- Arbitration Award - jurisdiction
- Criminal law * Speedy-trial rights
- Fourth Amendment ― "Plain view" doc
- Fourth Amendment ― Knock and announce
- Workers' compensation
- Ohio's Corrupt Activities Act
- Relief from judgment
- Forfeiture
- Landlord Tenant - personal-injury claim
- Motion to dismiss - failure to state a claim
- Sexual predator classification
- Statutory religious discrimination claims
 

Ohio Supreme Court

 

State v. Oliver (Feb. 14, 2007) (2007-Ohio-372)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-372.pdf
-  Fourth Amendment ― Knock and announce ― Exclusionary rule ― Case remanded for application of Hudson v. Michigan (2006), __ U.S. __, 126 S.Ct. 2159, 165 L.Ed.2d 56.

State v. Buzzard (Feb. 14, 2007) (2007-Ohio-373)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-373.pdf
-  Fourth Amendment ― "Plain view" doctrine ― Subjective expectation of privacy must be counterbalanced by objective reasonableness.

State v. Palmer (Feb. 14, 2007) (2007-Ohio-374)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-374.pdf
-  Criminal law * Speedy-trial rights * R.C. 2945.72(D) * Failure of defendant to respond within reasonable time to state's request for reciprocal discovery constitutes neglect that tolls the running of speedy-trial time * Fact that state did not file motion to compel does not affect tolling.

State ex rel. Westlake v. Corrigan (Feb. 14, 2007) (2007-Ohio-375)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-375.pdf
-  Action to enforce arbitration agreement ― Jurisdiction under R.C. 2711.03 after vacation of arbitration award ― Writ of prohibition denied.

State v. Hoffner (Feb. 14, 2007) (2007-Ohio-376)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-376.pdf
-  Criminal law ― Postconviction procedure ― App.R. 26(B) ― Defendant's lack of legal training does not excuse failure to comply with 90-day deadline to file application to reopen appeal ― Judgment affirmed.
 

First District Court of Appeals

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*** Judgment Entires ***

Fambry v. Gateway Freight Forwarding, Inc., et al. (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060016.pdf
-  Fambry filed a workers' compensation claim for injuries that he sustained to his right shoulder, left thumb, and right foot while working for defendant-appellee Gateway Freight Forwarding, Inc., on December 9, 2002. A final order of the Industrial Commission of Ohio allowed his claim. Gateway appealed to the common pleas court pursuant to R.C. 4123.512.

John Does #1 and #2 v. Archdiocese of Cincinnati, et al. (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060130.pdf
-  John Does #1 and #2 present on appeal a single assignment of error challenging the entry of summary judgment for defendant-appellee Father Thomas Feldhaus on John Doe #1's claim under R.C. 2923.31 et seq., Ohio's Corrupt Activities Act, for civil damages arising from his sexual molestation by Feldhaus. Because the statute of limitations barred the claim, we affirm the judgment of the court below.

Paramount Property Mgt. v. Paramount Omega, LLC. (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060138.pdf
-  Paramount Property appeals from the trial court's order granting appellee Paramount Omega ("Omega") relief from judgment under Civ.R. 60(B). We affirm.

Deilkes v. Mitchell (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060217.pdf
-  Mitchell has appealed from the trial court's denial of his Civ.R. 60(B) motion for relief from judgment. Plaintiff-appellee Jessica Deilkes had filed a complaint against Mitchell seeking a return of a security deposit that she had paid him. Mitchell never responded to the complaint, and the trial court granted a default judgment in favor of Deilkes. Mitchell filed a Civ.R. 60(B) motion seeking relief from the default judgment, which the trial court denied.

In Re:  $26,882.00 U. S. Currency (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060252.pdf
-  Laney appeals from the trial court's order of forfeiture involving $26,882 in currency. This money, along with a 1994 Jeep Cherokee and a 1996 BMW 3281, had been seized from Richard Crawford, Laney's former boyfriend, subsequent to his arrest for drug-related offenses. A forfeiture hearing was held following Crawford's convictions for trafficking in cocaine, possession of cocaine, and tampering with evidence, and the trial court ordered the currency and the Jeep forfeited.

Lee v. Commodore Apartment Co. (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060362.pdf
-  Lee appeals the judgment entered by the trial court in favor of her former landlord, defendant-appellee Commodore Apartment Co., on her personal-injury claim.

Penn v. Peter (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060380.pdf
-  Siedah, Johnetta, and Hartford Penn appeal the trial court's entry granting defendants-appellees Cassie and Diane Peter's Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief could be granted.

State v. Sanders (Feb. 14, 2007)
-  http://www.hamiltoncountyohio.gov/appealscourt/Decisions/C-060408.pdf
-  Sanders pleaded guilty to rape, aggravated burglary, aggravated robbery, and robbery. Three counts included firearm specifications. In April 2006, Sanders was returned to the court of common pleas for a sexual-offender-classification hearing. The trial court classified him as a sexual predator. Judgment AFFIRMED.
 

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

 

No Opinions.
 

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

 

Teen Ranch v. Udow (Feb. 14, 2007) (Appeal from W.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0062p-06.pdf
-  Plaintiffs-Appellants, collectively referred to as "Teen Ranch," appeal the district court's grant of summary judgment in favor of Defendants-Appellees, collectively referred to as the Family Independence Agency ("FIA"), on Teen Ranch's constitutional and statutory religious discrimination claims. For the following reasons, we AFFIRM the district court's grant of summary judgment.
 

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