Daily Case Update Archive

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April 11, 2007

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

TOPICS:
-Dismissal of declaratory judgment action
- Public utilities
- Inmate's request for DNA testing
- Insurance * Uninsured- and underinsured-motorist coverage
- Evidence - ineffective assistance of counsel - Sentencing
 

Ohio Supreme Court

 

Floss v. Culver (April 11, 2007)(2007-Ohio-1387)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1387.pdf
-  Dismissal of declaratory judgment action * Court of appeals' judgment affirmed on the authority of Mid-American Fire & Cas. Co. v. Heasley.
 
Vectren Energy Delivery of Ohio, Inc. v. Pub. Util. Comm. (April 11, 2007)(2007-Ohio-1386)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1386.pdf
-  Public utilities * R.C. 4905.302 * Recovery of costs of natural gas * Effect of Public Utilities Commission's approval of utility's long-term-forecast reports * Reasonableness of gas-procurement policies * Winter gas-delivery contracts * Asset-management contract with corporate affiliate * Staff participation in hearings before commission.
 
State v. Ayers (April 11, 2007)(2007-Ohio-1385)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1385.pdf
-  Inmate's request for DNA testing * Court of appeals' judgment reversed on the authority of State v. Buehler. 
 
Shay v. Shay (April 11, 2007)(2007-Ohio-1384)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1384.pdf
-  Insurance * Uninsured- and underinsured-motorist coverage * R.C. 3937.31(A) * Amendment of policy during two-year statutorily guaranteed period. 
 
State v. Swanson (April 11, 2007)(2007-Ohio-1383)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1383.pdf
-  Inmate's request for DNA testing * Court of appeals' judgment affirmed on the authority of State v. Buehler. 
 
State v. Wilkins (April 11, 2007)(2007-Ohio-1382)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1382.pdf
-  Inmate's request for DNA testing * Court of appeals' judgment affirmed on the authority of State v. Buehler. 
 
State v. Blackburn(April 11, 2007)(2007-Ohio-1381)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1381.pdf
-  Inmate's request for DNA testing * Court of appeals' judgment affirmed on the authority of State v. Buehler. 
 

First District Court of Appeals

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No Opinions.
 

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

 

No Opinions.
 

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

 

USA v. Franco  (April 11, 2007) (Appeal from E.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0131p-06.pdf
-  Defendant Ernesto Franco was convicted and sentenced for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). On appeal, he challenges the district court's admission of "other acts" evidence introduced by the government to rebut his entrapment defense, as well as the district court's restriction of his crossexamination of a government witness. In addition, he claims that he received ineffective assistance of counsel based on two alleged errors by trial counsel. Franco also argues that his conviction and sentence must be reversed because (1) there was insufficient evidence to support a finding that he possessed with intent to distribute nine kilograms of cocaine, and (2) the jury did not determine the type and quantity of drugs he was found to possess with intent to distribute. Finally, he requests that he be resentenced pursuant to the Supreme Court's decision in United States v. Booker. For the reasons below, we AFFIRM Franco's conviction, but VACATE his sentence and REMAND for the limited purpose of resentencing in light of Booker.
 

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