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April 18, 2007

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

TOPICS:
- Attorney Misconduct
- Criminal Law - Right to a Speedy Trial
- Sentencing
- Sexual-predator classification
- Motion for an acquittal - weight of the evidence - ineffective counsel - sentencing
- Contracts - Building - Attorney Fees
- Jury - Mistrial -
- Constitutional Law - Ex Post Facto and Due Process Clauses
 

Ohio Supreme Court

 

Cleveland Bar Assn. v. Douglas (April 18, 2007) (2007-Ohio-1536)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1536.pdf
-  Attorneys at law * Misconduct * Conduct involving fraud, deceit, dishonesty, or misrepresentation * Neglect of an entrusted legal matter * Failure to carry out contract of employment * Conduct that prejudices or damages a client * Failure to cooperate in disciplinary investigation * Failure to promptly pay funds of client * Indefinite suspension.
 
Disciplinary Counsel v. Simonelli (April 18, 2007) (2007-Ohio-1535)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1535.pdf
-  Attorneys * Misconduct * Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation * Neglecting entrusted legal matter * Sharing a legal fee with a nonlawyer * One-year suspension, with six months stayed on conditions.
 
State v. Parker (April 18, 2007) (2007-Ohio-1534)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1534.pdf
-  Criminal law * Speedy-trial right under R.C. 2945.71 * Triple count applies to pretrial incarceration on multiple related charges under jurisdiction of separate state courts.
 
State v. Brooke (April 18, 2007) (2007-Ohio-1533)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1533.pdf
-  Sentencing * R.C. 4511.19 * Prior convictions * Penalty enhancement * Prior convictions resulting from uncounseled pleas may not be used for penalty enhancement when conviction led to confinement *Waiver of counsel must be made on record, and for serious offense, waiver must be in writing.
 

First District Court of Appeals

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*** Judgment Entries ***
 
State v. Pettus-Brown (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050461.pdf
-  LaShawn Pettus-Brown was convicted of two counts of aggravated theft, three counts of tampering with records, and one count of unauthorized use of property in connection with the failed renovation of the Empire Theater. Pettus-Brown's first assignment of error alleges that the trial court erred in refusing to discharge the jury array when, during voir dire, a prospective juror stated that his neighbor had served on the jury in "the first trial." Pettus-Brown's second assignment of error alleges that his convictions for third-degree-felony aggravated theft were based upon insufficient evidence because the state failed to show that he had deprived the City of goods and services worth more than $100,000. Pettus-Brown argued that if the City had caught him sooner, he would not have been able to steal over $100,000. Judgment AFFIRMED.
 
Jackson v. Durabilt, Inc. (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060313;%20C-060333.pdf
-  Jackson contacted defendant Durabilt, Inc., because he wanted to build a vacation home on property he owned in Adams County. When Jackson sought to rescind the contract and to get his deposit back, Durabilt retained the deposit. Jackson filed suit in the Hamilton County Municipal Court, alleging three violations of the Consumer Sales Practices Act ("CSPA")*all arising from the failure to refund the deposit. Durabilt filed a motion to dismiss, claiming that the contract had a forum-selection clause dictating that suits were to be brought in Summit County. The judgment of the trial court is affirmed in part, as modified in this judgment entry, and reversed in part with respect to attorney fees, and this case is remanded for a reconsideration of the fee award under the appropriate legal standards. 
 
State v. Thinnes (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060337.pdf
-  Thinnes was found guilty of felonious assault and sentenced to six years' imprisonment. Thinnes argues that his conviction was not supported by the sufficiency or the weight of the evidence and that the trial court erred in overruling his Crim.R. 29 motion for an acquittal. Thinnes argues that his trial counsel was ineffective for allowing a partially deaf juror to remain on the jury. Thinnes argues that the six-year sentence imposed was excessive and contrary to law. Judgment AFFIRMED.
 
State v. Elliott (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060443.pdf
-  Elliott was sentenced to serve 8 to 25 years' incarceration for the rape convictions and 8 to 25 years' incarceration for the aggravated-robbery convictions, to be served concurrently. Elliott challenges his sexual-predator classification. Judgment AFFIRMED.
 
State v. Anderson (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060450.pdf
-  Anderson challenges his sexual-predator classification. A sexual predator is defined as a "person who has been convicted of or pleaded guilty to committing a sexually oriented offense and is likely to engage in the future in one or more sexually oriented offenses." We believe that the trial court could easily have concluded that Anderson was likely to reoffend. Judgment AFFIRMED.
 
State v. Robinson (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060459.pdf
-  Robinson was indicted for three counts of gross sexual imposition, three counts of illegal use of a minor in nudity-oriented material or performance, and one count of tampering with the evidence. The illegal-use sentences were consecutive, but the five years' incarceration for gross sexual imposition otherwise ran concurrently, for a total sentence of 16 years. Robinson is arguing that he should not have received the maximum prison term for each charge, and that the two illegal-use charges should not have resulted in consecutive sentences. Judgment AFFIRMED.
 
State v. Walker (April 18, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060513.pdf
-  Walker appeals from a sentence imposed for his role in the aggravated robbery of a check-cashing business, the kidnapping of the business's employee, and the failure to comply with an order of a police officer. Walker challenges the retroactive application of Foster's severance remedy to his case under the Ex Post Facto and Due Process Clauses of the United States Constitution and the rule of lenity. Judgment AFFIRMED.
   

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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