Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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January 10, 2008

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

TOPICS:
- Habeas corpus petition
- Petition for rehearing
- Sentencing
- Constitutionality of the breathalyzer test
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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No Opinions.
 

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

 

In re Dewitt McDonald v. (January 10, 2008) (Appeal from N.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0013p-06.pdf
-  Petitioner Dewitt McDonald Jr. moves this court to grant him permission to file a second or successive habeas corpus petition pursuant to 28 U.S.C. § 2244(b)(3). For the following reasons, we authorize McDonald to file a second habeas corpus petition with the district court.
 
*** ORDER ***
 
Midwest Media v. Symmes Township (January 10, 2008) (Appeal from S.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0015p-06.pdf
-  The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.
 

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

 

USA v. Klups (January 10, 2008) (Appeal from W.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0012p-06.pdf
-  Defendant-Appellant James Edward Klups (“Klups”) contests on appeal his sentence to a sixty-month prison term for travel with the intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a). We AFFIRM the district court’s sentence as reasonable.
 
Pennington v. Metro Govt Nash (January 10, 2008) (Appeal from M.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0014p-06.pdf
-  Joe A. Pennington, a Metropolitan police officer, was off duty when he became involved in an altercation at a Nashville bar. Deputy Chief Joseph Bishop and Captain Michael Hagar later requested Pennington to submit to a breathalyzer test. Pennington agreed to take the test because he was afraid that he would be terminated or suspended if he failed to comply. He subsequently sued Bishop, Hagar, and the Metropolitan Government of Nashville and Davidson County on the basis that he was unlawfully required to take the breathalyzer test in violation of his constitutional rights. The district court granted judgment in favor of the defendants. For the reasons set forth below, we AFFIRM the judgment of the district court.
 

Daily Case Updates