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March 7, 2007

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

TOPICS:
-Certification of conflict
- Criminal law - Sentencing
- Sixth and Fourteenth Amendment violations
- Negligence in maintaining the sidewalk
- Failure to state a claim
- Convention Against Torture
 

Ohio Supreme Court

 

In re C.B. (March 7, 2007)(2007-Ohio-860)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-860.pdf
-  Certification of conflict dismissed as improvidently certified due
to want of a conflict.

State v. Evans (March 7, 2007)(2007-Ohio-861)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-861.pdf
-  Criminal law - Sentencing - An appellate court may not vacate and
remand an entire sentence when the error in sentencing pertains only to
a sanction imposed for one specification - All errors assigned and
briefed in the court of appeals, unless made moot, must be addressed by
that court.
 

First District Court of Appeals

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*** Judgment Entries ***

State v. Fuller (March 7, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-040318.pdf
-  Defendant-appellant Paul Fuller appeals from his conviction upon his
guilty plea to aggravated trafficking in drugs. He contends, in a single
assignment of error, that his guilty plea was not knowingly entered
because the trial court violated Crim. 11(C)(2)(a) by failing to inform
him of the maximum penalty he faced, when it advised him that his
statutorily mandated post-release control was discretionary. Because the
court substantially complied with Crim. 11(C)(2)(a), we affirm
Fuller's conviction.

In Re Andrew (March 7, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060226.pdf
-  The court revoked Andrew's parole and committed him to the Ohio
Department of Youth Services. Andrew now argues that his adjudication
and sentence violated the Sixth and Fourteenth Amendment, specifically
alleging that (1) the trial court failed to create a complete record of
the proceedings; (2) because the trial court failed to provide counsel,
his waiver of counsel was ineffective; and (3) because he was not
present at the sentencing disposition, the trial court's sentence was
invalid. Andrew's assignments of error are meritless, and we affirm
the trial court's judgment.

Chapman v. Tri-County Mall (March 7, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060271.pdf
-  Plaintiffs Beverly and Homer Chapman filed a complaint for
negligence against a number of defendants for injuries Beverly Chapman
had sustained when she fell on the sidewalk outside defendant-appellant
J.C. Penney Company, Inc.'s ("Penney") store in defendant-appellee
Tri-County Mall ("Tri-County"). In this case, the Chapmans asserted
claims for negligent maintenance of the sidewalk and failure to warn of
its defective condition. Beverly Chapman's alleged injuries occurred
on a part of Tri-County Mall controlled by landlord O'Connor.
O'Connor, as landlord, had the duty under the lease to maintain the
common areas, including the sidewalk. There was no claim that Penney or
any of its employees had caused the defective condition of the sidewalk.
All of the Chapmans' claims arose out of O'Connor's alleged
negligence in maintaining the sidewalk. This was exactly the type of
situation that the indemnity clause in the lease was designed to cover.
The lease required O'Connor to defend and indemnify Penney for the
Chapmans' claims. The trial court erred in denying Penney's motion
to set fees and expenses. The assignment of error is sustained. The
judgment of the trial court denying Penney's motion to set fees and
expenses is reversed, and the cause is remanded for a hearing to
determine the amount of fees and expenses owed to Penney by O'Connor
and Tri-County. Judgment reversed and cause remanded.

Starks v. Choice Hotels Internatl. (March 7, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060326.pdf
-  Plaintiff-appellant Thomas Starks appeals from the trial court's
judgment dismissing his complaint against defendants-appellees Choice
Hotels International and Econo Lodge. Starks sued Econo Lodge and
Choice, seeking the return of his $46, damages of $750,000, free lodging
for life (at the Econo Lodge!), and a class-action-type payment to all
others similarly situated. The trial court dismissed Starks's
complaint on three grounds, any one of which would have been sufficient:
lack of personal jurisdiction, improper venue, and failure to state a
claim on which relief could be granted. We affirm.
 

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

 

No Opinions.
 

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

 

Ben Hamida v. Gonzales  (March 7, 2007) (Appeal from Board of Immigration Appeals )
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0093p-06.pdf
-  Rached Hamida Ben Hamida (Rached) and Sonia Houcine Ben Hamida
(Sonia), husband and wife, appeal the denial of their applications for
asylum, withholding of removal, and protection under the Convention
Against Torture. Because the BIA's adverse credibility finding was
supported by substantial evidence, we deny their petition.
 

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