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February 28, 2007

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

TOPICS:
- Motion for reconsideration
- Attorneys - Misconduct
- Public records
- Workers' compensation - conflict of laws
- Final, appealable order
- Criminal law - Incest
- Domestic Violence - harm to a family or household member
- Due-process violation during community-control
- Sexual-offender-classification
- Expert witnesses testimony - handwritting
- Motion to suppress
- Sua sponte declare a mistrial
- Sentencing
- Employment Contract - finders fee
- Family Law - permanent child custody
- Tobacco Products Tax Act - excise tax
 

Ohio Supreme Court

 

State v. Holloway (Feb. 28, 2007) (2007-Ohio-793)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-793.pdf
-  Motion for reconsideration granted.

Columbus Bar Assn. v. Gardner (Feb. 28, 2007) (2007-Ohio-612)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-612.pdf
-  Attorneys - Misconduct - Multiple disciplinary violations - One-year
suspension, stayed.

Toledo Bar Assn. v. Shousher (Feb. 28, 2007) (2007-Ohio-611)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-611.pdf
-  Attorneys at law-Misconduct-Failure to notify clients of lack of
malpractice insurance-Neglect of entrusted legal matters-Failure to
deposit clients' funds in trust account-Failure to promptly pay funds
to client-Conduct involving fraud, dishonesty, deceit, or
misrepresentation-Two-year suspension, with 18 months stayed.

In re Application of Bell (Feb. 28, 2007) (2007-Ohio-610)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-610.pdf
-  Attorneys - Character and fitness - Application disapproved for bar
examination until psychological fitness is demonstrated.

State ex rel. Lanham v. Smith (Feb. 28, 2007) (2007-Ohio-609)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-609.pdf
-  Public records - R.C. 149.43 - Police offense-and-incident reports -
Writs of mandamus seeking release of routine offense-and-incident
reports denied when uncontroverted evidence demonstrates that records do
not exist.

Am. Interstate Ins. Co. v. G & H Serv. Ctr. (Feb. 28, 2007) (2007-Ohio-608)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-608.pdf
-  Conflict of laws - Subrogation claims arising from workers'
compensation payments are governed by the laws of the state in which
compensation was paid.

Gehm v. Timberline Post & Frame (Feb. 28, 2007) (2007-Ohio-607)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-607.pdf
-  Final, appealable order - Insurance - The denial of a motion to
intervene in this case is not a final, appealable order, because the
denial does not affect a provisional remedy and does not affect a
substantial right that determines the action and prevents a judgment.

State v. Lowe (Feb. 28, 2007) (2007-Ohio-606)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-606.pdf
-  Criminal law - Incest - R.C. 2907.03(A)(5) - Legislature intended to
prohibit sexual conduct between stepparent and stepchild even when
stepchild is consenting adult - Prohibition of sexual conduct between
stepparent and consenting adult stepchild does not violate
constitutionally protected privacy rights.
 

First District Court of Appeals

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*** Judgment Entries ***

State v. Miller (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050508.pdf
-  Rodney Miller challenges the sufficiency of the evidence adduced to
support his convictions for domestic violence, in violation of R.C.
2919.25(A), committed against his live-in girlfriend, Tashia Bryant.
R.C. 2919.25 proscribes "knowingly caus[ing] or attempt[ing] to cause
physical harm to a family or household member." Judgment AFFIRMED.

State v. Moore (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050820.pdf
-  Moore was indicted for misuse of a credit card and two separate
cases for possession of heroin. On June 13, 2005,
community-control-violation charges were filed in all three cases. Cohen
argued on Moore's behalf, but the record clearly showed that she had
not complied with the conditions of her community control. Moore was
found guilty on all community-control-violation charges, and she was
sentenced to an aggregate term of 30 months' incarceration. Moore's
sole assignment of error, which alleges that she was denied due process
of law and her Sixth Amendment right to counsel because Shiverdecker did
not represent her on the community-control-violation charges in the
cases. Judgment AFFIRMED.

State v. Parks (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060004.pdf
-  Parks pled guilty to rape and aggravated burglary and was sentenced
to prison for a period of seven to 25 years. The court adjudicated Parks
a sexual predator. Parks argues that the trial court failed to give him
proper notice of the sexual-offender-classification hearing, that
defense counsel was ineffective, and that his classification was against
the manifest weight and sufficiency of the evidence. Judgment AFFIRMED.

State v. Wilson (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060044.pdf
-  Wilson appeals his conviction for menacing, in violation of R.C.
2903.22(A). Wilson now contends that the trial court erred in admitting
expert testimony from Shipp on the ultimate issue to be determined by
the jury: his guilt beyond a reasonable doubt. Judgment AFFIRMED.

State v. Miller (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060153.pdf
-  Douglas Miller appeals the judgment of the Hamilton County Court of
Common Pleas convicting him of possessing cocaine under R.C. 2925.11(A),
a felony of the fifth degree as charged. Miller filed a motion to
suppress the cocaine. After the trial court had denied the motion,
Miller entered a no-contest plea to the possession charge. The trial
court then sentenced him to a term of community control. Judgment
AFFIRMED.

State v. Martin (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060155.pdf
-  Martin was indicted on two counts of felonious assault in violation
of R.C. 2903.11 (A)(1) and 2903.11(A)(2). After a jury trial, he was
convicted of both counts. The trial court sentenced him to eight years
in prison. Given our review of the record, we cannot conclude that the
trial court committed plain error by failing to sua sponte declare a
mistrial. Judgment AFFIRMED.

State v. Brinson (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060390.pdf
-  Brinson has appealed his jury-trial convictions for two counts of
importuning. Brinson alleges that his sentences were excessive. Brinson
argues that he received maximum consecutive sentences. The trial court
sentenced Brinson to 12 months' incarceration on each count. The court
stated in the transcript of the proceedings that that the sentences were
to run consecutively. But the judgment entry of sentence and
incarceration stated that the sentences were to run concurrently. A
court speaks through its journal, which indicates in this case that the
sentences were to run concurrently. Judgment AFFIRMED.

Walker v. Blake & Blake Genealogists, Inc. (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060556.pdf
-  Walker filed suit against Blake, alleging that disbursements had
been made to heirs from two of the estates that he had located, but that
he had not been paid his "finder's fee." Blake asserted that
Walker was not entitled to a two-percent fee from these estates because
Blake had not actually received a percentage of the heirs'
inheritance. The trial court granted summary judgment to Blake. Because
the heirs of these estates were not represented by Blake when they
received disbursements, Walker was not entitled to his "finder's
fee" under the plain language of the parties' agreement. No genuine
issue of material fact existed, and Blake was entitled to summary
judgment. Judgment AFFIRMED.

In Re:  The Barnett and Wiener Children (Feb. 28, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060898.pdf
-  Appellant Kelly Wiener appeals from the judgment of the Hamilton
County Juvenile Court awarding permanent custody of her children to
appellee Hamilton County Jobs and Family Services ("HCJFS"). We
affirm.
 

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

 

No Opinions.
 

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

 

USA v. Barnwell  (Feb. 28, 2007) (Appeal from W.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0084p-06.pdf
-  The Keweenaw Bay Indian Community is a federally recognized Indian
tribe with approximately 3,300 members, 868 of whom live on the
Community's Reservation in Michigan's Upper Peninsula, and roughly
500 others who live in neighboring counties. The Community is the
successor in interest to the L'Anse and Ontonagon bands of Chippewa
Indians. The Community brought this action against Jay Rising, Treasurer
of the State of Michigan, and Harrold Reid and Timothy Blanksvard, two
Michigan State Police Officers, to challenge the state's efforts to
tax tobacco products sold by the Community and several searches and
seizures of tobacco products shipped to the Community. The district
court dismissed the Community's claims after granting two separate
motions for summary judgment brought by the state defendants.
 

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