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April 4, 2007

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

TOPICS:
- Criminal law
- Attorneys at law * Misconduct
- Children * Permanent custody
- Workers' compensation
- Taxation * Real property
- Declaratory judgment action
- Unemployment compensation
- Request for DNA testing
- Appeal an order
- Breach of Contract
- Meritorious Appeal - Anders v. California
- Motion to Suppress - Operate Motor Vechicle Intoxicated
- Constitutional Law
- Landlord Tenant - negligence per se
 

Ohio Supreme Court

 

State ex rel. McDonald v. Mitrovich (April 4, 2007) (2007-Ohio-1258)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1258.pdf
-  Criminal law * Mandamus to compel vacation of judgment of conviction denied * Adequate remedy in ordinary course of law * Res judicata. 
 
Casey v. Hudson  (April 4, 2007) (2007-Ohio-1257)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1257.pdf
-  Criminal law * Claims of denial of right to counsel not cognizable in habeas corpus. 
 
Toledo Bar Assn. v. Hickman  (April 4, 2007) (2007-Ohio-1256)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1256.pdf
-  Attorneys at law * Misconduct * Neglecting entrusted legal matters * One-year suspension. 
 
Cincinnati Bar Assn. v. Greenberger  (April 4, 2007) (2007-Ohio-1255)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1255.pdf
-  Attorneys at law * Misconduct * One-year suspension. 
 
In re V.M.  (April 4, 2007) (2007-Ohio-1254)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1254.pdf
-  Children * Permanent custody * R.C. 2151.413 * Court of appeals' judgment affirmed on the authority of In re C.F. 
 
Cuyahoga Cty. Bar Assn. v. Wagner  (April 4, 2007) (2007-Ohio-1253)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1253.pdf
-  Attorneys at law * Misconduct * Indefinite suspension. 
 
State ex rel. RMS of Ohio, Inc. v. Ohio Bur. of Workers' Comp.  (April 4, 2007) (2007-Ohio-1252)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1252.pdf
-  Bureau of Workers' Compensation * Business-classification codes * Deference to bureau expertise * Judgment affirmed. 
 
State v. Boczar  (April 4, 2007) (2007-Ohio-1251)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1251.pdf
-  Criminal law * Drunk driving * Admissibility of field sobriety tests under the substantial-compliance standard of R.C. 4511.19(D)(4)(b). 
 
State ex rel. Luther v. Ford Motor Co., Batavia Transmission Plant  (April 4, 2007) (2007-Ohio-1250)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1250.pdf
-  Workers' compensation * Temporary total disability Dismissal from employment * Voluntary abandonment * Eligibility for temporary total disability compensation not foreclosed if reason for dismissal is infraction caused by industrial injury. 
 
Cincinnati Community Kollel v. Levin  (April 4, 2007) (2007-Ohio-1249)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1249.pdf
-  Taxation * Real property * R.C. 5709.121(A) * Exemption for property belonging to an educational institution * Criteria for determining whether institution is "educational." 
 
Mid-American Fire & Cas. Co. v. Heasley  (April 4, 2007) (2007-Ohio-1248)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1248.pdf
-  Declaratory judgments * An automobile-liability insurer cannot maintain a declaratory judgment action to determine the rights of a party under its insurance contract if that party is barred from seeking insurance coverage by controlling legal authority * Dismissal of a declaratory judgment action is reviewed under an abuse-of-discretion standard. 
 
Lorain Cty. Aud. v. Ohio Unemp. Comp. Rev. Comm.  (April 4, 2007) (2007-Ohio-1247)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1247.pdf
-  Unemployment compensation * Intermittent employee * Eligibility for unemployment benefits * R.C. 4141.29. 
 
State v. Buehler  (April 4, 2007) (2007-Ohio-1246)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1246.pdf
-  Inmate's request for DNA testing * Finding that results would not be outcome-determinative obviates other statutory requirements. 
 
State v. Cunningham  (April 4, 2007) (2007-Ohio-1245)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1245.pdf
-  R.C. 2953.08(B)(2) does not authorize a prosecuting attorney to appeal an order granting judicial release of a prisoner serving time for a felony of the third, fourth, or fifth degree. 
 

First District Court of Appeals

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*** Judgment Entries ***
 
Polk v. Buckner, et al. (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060205.pdf
-  Defendants-appellants appeal from the trial court's entry granting a default judgment to plaintiff-appellee Nedra Polk. Polk entered into a written agreement with defendant Nicholas Kellum, who owned and operated a bar called Jazz in the Park. Polk advanced $10,000 to Kellum to build a kitchen and to lease space to operate a food-service business in the bar. When Kellum failed to build the kitchen or to refund Polk's money, Polk filed a complaint in the common pleas court seeking a judgment against Kellum based on his breach of the agreement. Judgment AFFIRMED.
 
State v. Anderson (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060283.pdf
-  Anderson was indicted for breaking and entering, a fifth-degree felony, in violation of R.C. 2911.13(A). Anderson filed a motion to suppress his post-arrest statements, which the trial court granted. Anderson waived his right to a jury trial, and his case proceeded to trial before the court. The trial court found Anderson guilty as charged and sentenced him to eleven months in prison. After reviewing the entire record, we concur in counsel's conclusion that the proceedings below were free of error prejudicial to Anderson and that there are no reasonable grounds to support a meritorious appeal. We, therefore, overrule counsel's motion to withdraw from her representation of Anderson and affirm the judgment of the trial court.
 
State v. Nutt (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060381.pdf
-  Nutt pleaded no contest to possession of cocaine in the case numbered B-0508054. The conviction triggered a violation of his community control in the case numbered B-0406418. At the revocation hearing, Nutt pleaded no contest to the violation. The trial court sentenced Nutt to two years in prison for the possession charge and to eleven months for the violation of his community control and ordered that the sentences be served concurrently. Nutt's appointed counsel has advised this court that, after a thorough review of the record, he found nothing that would arguably support Nutt's appeal. We have reviewed the record, and we concur in counsel's conclusion that the proceedings below were free of error prejudicial to Nutt. We, therefore, overrule counsel's motion to withdraw from his representation of Nutt and affirm the judgment of the trial court.
 
State v. Ertel (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060502;%20C-060503;%20C-060504.pdf
-  Ertel was charged with driving under the influence of alcohol under R.C. 4511.19(A)(1)(a), improper passing under Cincinnati Municipal Code 506-72, using a weapon while intoxicated under R.C. 2923.15, and two counts of aggravated menacing under R.C. 2903.21. He filed a motion to suppress in which he contended that the police officers did not have probable cause to arrest him. The state contends that the trial court erred when it found that no probable cause existed to arrest Ertel for OMVI, improper passing and using a weapon while intoxicated. We hold that the trial court erred as a matter of law in granting Ertel's motion to suppress as to the OMVI charge, the improper-passing charge, and the using-a-weapon-while-intoxicated charge.6 We sustain the state's assignment of error, reverse the trial court's judgment and remand the case for further proceedings.
 
State v. Taher (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060523.pdf
-  Taher, was convicted of four counts of aggravated robbery under R.C. 2911.01(A)(1), with accompanying firearm specifications, and one count of receiving stolen property under R.C. 2913.51(A). Taher filed a timely appeal from that judgment. In his sole assignment of error, he contends that the trial court erred by sentencing him to consecutive sentences on three of the firearm specifications. He argues that they were all part of the same act or transaction, and, therefore, the court should have sentenced him to only one three-year term of actual incarceration. Judgment AFFIRMED.
 
City of Cincinnati v. Barton (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060548;%20C-060549.pdf
-  Barton appeals her conviction for possession of marijuana and attempted possession of cocaine. Barton argues that the trial court erroneously convicted her of a violation of Cincinnati Municipal Code 910-23, because the ordinance is unconstitutional under Section 3, Article XVIII of the Ohio Constitution.  Also, she asserts that the trial court erred in finding her guilty of attempted possession of cocaine. Judgment AFFIRMED.
 
State v. Gomez (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060585.pdf
-  Gomez was indicted for trafficking in cocaine with a major-drug-offender specification, possession of cocaine with a major-drug-offender specification, and conspiracy. In exchange for his plea of guilty to the trafficking count, the state dismissed the major-drug-offender specification and the possession and conspiracy counts. The trial court sentenced Gomez to an agreed ten-year sentence of imprisonment. We conclude that Gomez's appeal is completely without merit and is wholly frivolous. Therefore, we overrule counsel's motion to withdraw and affirm the judgment of the trial court.
 
Woods v. Dumont (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060648.pdf
-  Woods was a tenant in a house owned by Dumont. Woods was injured when she fell down the basement steps of the house. In a complaint filed in the common pleas court, Woods alleged that her injuries were caused by Dumont's negligence. Upon Dumont's motion, the trial court granted summary judgment in favor of Dumont. Woods asserts that the trial court erred when it granted summary judgment to Dumont. Judgment AFFIRMED.
 
State v. Halsell (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060855;%20C-060856.pdf
-  Halsell was convicted of two counts of theft, in violation of R.C. 2913.02(A)(3). The trial court sentenced Halsell to consecutive 12-month prison terms. We have reviewed the record and we are satisfied that Halsell's appellate counsel correctly concluded that the proceedings below were free of prejudicial error. Consequently, we hold that Halsell's appeal is wholly frivolous. We overrule counsel's motion to withdraw and affirm the judgment of the trial court.
 
State v. Lanier (April 4, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060857.pdf
-  Lanier was convicted on one count of possession of crack cocaine, in violation of R.C. 2925.11(A). The trial court sentenced him to 18 months' incarceration and to a one-year driver's license suspension, in accordance with Ohio's sentencing statutes. After reviewing the entire record, we are satisfied that Lanier's counsel provided Lanier with a diligent and thorough search of the record, and that counsel correctly concluded that the proceedings below were free of prejudicial error. We conclude that Lanier's appeal is completely without merit and is wholly frivolous. Therefore, we overrule counsel's motion to withdraw and affirm the judgment of the trial court.
 

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

 

No Opinions.
 

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

 

No Opinions.

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