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.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list.  Not a member?  Join today!

January 25, 2008

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

TOPICS:
- Writ of habeas corpus / Anti-Terrorism and Effective Death Penalty Act
- Sentencing / Jurisdiction / Prior supervised-release violation
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

[Search Other Ohio Districts]
 

No Opinions.
 

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

 

Ross v. Petro (January 25, 2008) (Appeal from N.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0044p-06.pdf
-  Following four weeks of trial on murder, kidnaping, rape and other charges, and during the second day of jury deliberations, the Ohio trial court declared a mistrial after receiving a note from the foreperson indicating the jury’s deliberations had been tainted by extraneous information. Prior to commencement of the second trial, however, the trial court, in the person of a replacement visiting judge, granted defendant Denny Ross’s motion to bar reprosecution on double jeopardy grounds, concluding there was no “manifest necessity” for mistrial. This ruling was reversed by the Ohio Court of Appeals and the Ohio Supreme Court denied leave to appeal. Defendant thereupon sought pretrial habeas relief in federal court, which was granted. The district court held that the Ohio Court of Appeals’ ruling represents an unreasonable application of clearly established federal law. On appeal, the Summit County Court of Common Pleas contends the district court failed to abide by the deferential standard of review made applicable by the Anti-Terrorism and Effective Death Penalty Act. For the reasons that follow, we agree. The district court’s judgment granting the writ of habeas corpus will therefore be reversed.
 
Fautenberry v. Mitchell  (January 25, 2008) (Appeal from S.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0045p-06.pdf
-  Petitioner John Fautenberry (“Fautenberry”), a prisoner in the state of Ohio awaiting execution, appeals the district court’s denial of his petition for writ of habeas corpus. Fautenberry raises eight issues on appeal. Finding no merit in any of them, we AFFIRM the judgment of the district court.
 
USA v. Madden &  USA v. Brown (January 25, 2008) (Appeal from N.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0046p-06.pdf
-  Tyrone Madden and Diana Blaine Brown were both charged with one count of conspiring to possess phencyclidine (PCP) with the intent to distribute the drug. Madden was separately charged with being a felon in possession of a firearm. He was later charged in a superseding information with one count of conspiracy to import heroin into the United States and one count of bank fraud. Both defendants entered guilty pleas. At Madden’s sentencing hearing, the original indictment was dismissed and Madden was sentenced to 78 months of imprisonment. The district court also imposed an additional eight-month sentence, to be served consecutively, for violating the terms of his supervised release related to a previous federal conviction. Brown, on the other hand, pled guilty to the charge in the original indictment, but she then failed to maintain contact with pretrial services and became a fugitive. When she surrendered over a year later, the district court held a sentencing hearing and sentenced her to 37 months of imprisonment. Madden appeals the district court’s judgment because he asserts that the court did not have jurisdiction to sanction him for his prior supervised-release violation. Brown appeals her sentence on the basis that the district court failed to adequately consider her request for a reduced sentence. For the reasons set forth below, we AFFIRM the district court’s judgment in both cases.
 

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

 

No Opinions.
 

Daily Case Updates