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April 25, 2007

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

TOPICS:
- Employment - abolishment of a state employee's position
- Contracts - contructions
- Manifest weight of evidence - ineffective counsel
- Sexual-predator classification
- Child Support within ability and means
- Motion to Withdraw Guilty Plea/Petition for Modification of Sentence
- Manifest weight of evidence - Insufficient evidence
- Community-control sanction - Sentencing
- Child Custody - terminate parental rights
 

Ohio Supreme Court

 

Penrod v. Ohio Dept. of Adm. Servs. (April 25, 2007) (2007-Ohio-1688)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1688.pdf
-  Appointing authority did not meet former R.C. 124.321(D) requirements in abolishing state employee's position * Strict-compliance standard is applied in determining whether appointing authority stated its rationale for position abolishment in an honest and forthright way * Certified conflict issue not reached.
 
Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of Adm. Servs. (April 25, 2007) (2007-Ohio-1687)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-1687.pdf
-  No-damages-for-delay clause in construction contract was legal, valid, and enforceable * Contractor not entitled to additional compensation or mitigation of liquidated damages when it did not request a deadline extension in writing as required by the contract.
 

First District Court of Appeals

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*** Judgment Entries ***
 
In The Matter of:  Pierre Walker, a minor child (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060192.pdf
-  Walker and co-defendant Ellis were charged with two counts of robbery after two separate incidents at their semi-independent group home where two other residents were beaten up and had their cellular phones stolen. Walker now appeals, arguing that (1) his adjudication was against the manifest weight of the evidence, and (2) his trial counsel was ineffective for failing to object to the magistrate's decision. Judgment AFFIRMED.
 
State v. Thompson (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060220.pdf
-  Thompson was charged with five counts of rape2 after he had a sexual relationship with his girlfriend's 14-year-old daughter. The trial court classified Thompson as a sexual predator. Thompson challenges his sexual-predator classification. Judgment AFFIRMED.
 
State v. Auwbrey (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060222.pdf
-  Auwbrey was indicted for two counts of nonsupport of a dependent. Auwbrey alleges that the trial court's judgment was against the manifest weight of the evidence because Auwbrey had established the affirmative defense that he had been unable to comply with the support order, but that he had provided the support that was within his ability and means. Judgment AFFIRMED.
 
State v. Collins (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060350.pdf
-  Collins presents on appeal three assignments of error challenging the Hamilton County Common Pleas Court's judgment overruling his "Motion to Withdraw Guilty Plea/Petition for Modification of Sentence Per Ohio Criminal Rule 32.1." We affirm the court's judgment.
 
State v. Walker (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060352;%20C-060353.pdf
-  Walker was convicted of felonious assault2 with an accompanying firearm specification, tampering with evidence, and improper handling of firearms in a motor vehicle, and he was sentenced to eight and one-half years in prison. Walker argues that his convictions were based upon insufficient evidence and were against the manifest weight of the evidence. Judgment AFFIRMED.
 
State v. Hill (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060425;%20C-060426.pdf
-  Hill was convicted of the murder of DeShawn Brocks, an accompanying firearm specification, and having a weapon while under a disability. Hill contends that (1) his murder and weapon-under-disability convictions were based upon insufficient evidence and were against the manifest weight of the evidence; and (2) the trial court erred by terminating his community-control sanction and sentencing him to a five-year prison term. Judgment AFFIRMED.
 
In Re:  Dennler/Miles Children (April 25, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-070086.pdf
-  Hamilton County Jobs and Family Services received temporary custody of the five children and two stepchildren of Jeremy Miles based on allegations that Miles had engaged in sexual abuse. Miles argues that it was an abuse of discretion to deny his continuance request. Miles claims that the trial court improperly granted the motion of HCJFS for permanent custody. 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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