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February 20, 2008

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

TOPICS:
- Liquor / Sale to underage persons
- Evidence / Ineffective assistance of counsel / Sentencing
- Sentencing
- Evidence - Manifest weight
- Criminal Rule 11 - correctly inform
- Due Process Clause
- Motion to suppress
- Professional Responsibility / Legal Malpractice
- Perjury
- Family Law / Custody
- Sentencing / Allied offenses of similar import
- Evidence - sufficent
- Postconviction relief
- Qualified immunity / Right to Privacy
- Jury Verdict / Jury Instruction
 

Ohio Supreme Court

 

***See Supreme court of Ohio website ***
http://www.sconet.state.oh.us/rod/NEWPDF/default.asp
 

First District Court of Appeals

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*** Judgment Entries ***
 
State of Ohio vs. Krystal White (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070035_02202008.pdf
-  Following a bench trial, the Hamilton County Municipal court convicted defendant-appellant Krystal White of the sale of liquor to minors in violation of R.C. 4301.69(A), imposed court costs, and granted a stay pending appeal. In her appeal, White brings forth two assignments of error contesting the sufficiency and the weight of the evidence underlying her conviction. Judgment AFFIRMED.
 
State of Ohio vs. Willie Ross (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070090_02202008.pdf
-  Ross was convicted of aggravated burglary with an accompanying firearm specification. The trial court sentenced Ross to prison for ten years. Ross argues that (1) his conviction was against the manifest weight of the evidence and was based upon insufficient evidence, (2) he was denied the effective assistance of counsel, (3) a photographic identification procedure was unduly suggestive and produced unreliable pretrial and in-court identifications of him that the trial court should have excluded, and (4) his sentence was unlawful. Judgment AFFIRMED.
 
State of Ohio vs. Daryl Black (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070091_02202008.pdf
-  Black was convicted of possessing marijuana and possessing drug paraphernalia. He sentenced to 30 days’ incarceration and a three-year driver’s license suspension for possessing drug paraphernalia. Black argues that the sentence was contrary to law. Judgment AFFIRMED.
 
State of Ohio vs. Mary Blades (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070110_02202008.pdf
-  Blades was taking prescription medication for both pain and insomnia. She was arrested for operating a vehicle while under the influence (OVI). After a trial to the bench, Blades was convicted of OVI, pursuant to R.C. 4511.19(A)(1)(a), and sentenced accordingly. Blades argues that her conviction was against the manifest weight of the evidence. Judgment AFFIRMED.
 
State of Ohio vs. Leroy Davis (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070114_02202008.pdf
-  Davis walked away from the Volunteers of America halfway house. He was charged with second-degree-felony escape. The escape charge was reduced to a third-degree felony. Davis pleaded guilty to the reduced charge. Before accepting the plea, the trial court told Davis that he would be sentenced to one year. The court accepted the plea and imposed the one-year sentence. He alleges that the trial court erred in accepting Davis’s plea because the court’s failure to correctly inform Davis about the minimum sentence he faced rendered the plea involuntary, and his trial counsel was ineffective. Judgment AFFIRMED.
 
State of Ohio vs. Tyrelle Webster (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070130_02202008.pdf
-  Webster was convicted, after a jury trial, of tampering with evidence, having a weapon while under a disability, and carrying a concealed weapon. Webster argues that the state’s failure to preserve the scale denied him materially exculpatory evidence in violation of his due-process rights and that his convictions were against the manifest weight of the evidence. Judgment AFFIRMED.
 
State of Ohio vs. Larry Barrett (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070177_02202008.pdf
-  Barrett was charged with possession of cocaine and drug trafficking, felonies of the fourth and second degree, respectively. He filed a motion to suppress, claiming that the warrantless arrest and resulting search were improper. The trial court denied the motion. Barrett entered a plea of no contest to the two counts in exchange for an agreed sentence totaling two years. The trial court accepted the plea and, at a subsequent hearing, imposed the agreed sentence. Barrett argues that the trial court erred when it denied his motion to suppress. Judgment AFFIRMED.
 
America's Recovery Network, Inc., et al. vs. John K. Limoli (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070218_02202008.pdf
-  Defendant-appellant John K. Limoli represented three defendants*plaintiff-appellee America’s Recovery, HH Gregg Company, and Tom Johnston (“the defendants”)*in a lawsuit filed by Patricia Webster claiming libel and slander. The trial court concluded that Limoli had committed legal malpractice in two instances: (1) the failure to respond to Webster’s requests for admissions; and (2) the failure to respond to Webster’s motion to deem the requests for admissions admitted and motion for summary judgment. Limoli argues that (1) responding to the motion for summary judgment or the requests for admissions would have required him to violate the Rules of Professional Responsibility, (2) the damages suffered by America’s Recovery were actually the fault of HH Gregg for withholding the document relieving Webster from personal liability on the HH Gregg account, (3) America’s Recovery failed to mitigate its damages by rejecting Webster’s offer to settle the underlying case, (4) the trial court failed to recognize that America’s Recovery could not have prevailed in the Webster litigation, and (5) it was not malpractice to represent multiple clients in the Webster case because he had advised America’s Recovery against it, but his client nonetheless chose to proceed. Judgment AFFIRMED.
 
State of Ohio vs. Liz Carroll (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070252_02202008.pdf
-  Carroll appeals her convictions for making false alarms, inducing panic, and perjury. The trial court sentenced her to eighteen months for the making-false-alarms offense and for each of the inducing-panic offenses and to five years for each of the perjury offenses. Carroll asserts that the trial court erred when it found her guilty of two counts of perjury and when it ordered her to pay $84,240 in restitution without having had a hearing on the matter. Judgment AFFIRMED.
 
State of Ohio vs. Julaid Mughni (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070261_02202008.pdf
-  Mughni appeals a conviction for robbery under R.C. 2911.02(A)(2). He contends that the evidence was insufficient to support his conviction and his conviction was against the manifest weight of the evidence. Judgment AFFIRMED.
 
In Re: Derreck Walker (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070276_02202008.pdf
-  Mary Manis, who had custody of her sons pursuant to a court order, committed suicide. Maternal grandmother Judith Manis filed a motion to modify the existing custody order to grant her custody of Derrek. Walker also filed a motion to modify the custody order, seeking custody of Derrek. The magistrate found that Walker was unfit and granted custody to Judith Manis. Walker argues that the trial court erred in awarding custody of Derrek to Judith Manis, and that the trial court’s decision was against the manifest weight of the evidence. Judgment AFFIRMED.
 
State of Ohio vs. David Patrick (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070305_02202008.pdf
-  Patrick was convicted of aggravated robbery and robbery. He was sentenced to ten years for the aggravated robbery, eight years for the robbery, and three years for a firearm specification. He alleges that the trial court erred in sentencing. Judgment AFFIRMED.
 
In Re: Rashawn Madaris (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070358_02202008.pdf
-  Madaris appeals the judgment of the Hamilton County Juvenile Court adjudicating him delinquent for an act that, if he had been an adult, would have constituted the offense of robbery. Madaris now argues that the state failed to produce sufficient evidence that he had aided or abetted the robbery. Judgment AFFIRMED.
 
State of Ohio vs. Timothy V. Ross (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070362_02202008.pdf
-  Ross appeals the judgment of the Hamilton County Municipal convicting him of assault, a misdemeanor of the first degree. The trial court found Ross guilty and sentenced him to 14 days in jail and a period of community control. Ross argues that (1) the trial court erred in considering evidence about the duty to retreat and in considering the state’s argument about the issue, (2) the conviction was against the manifest weight of the evidence, and (3) the trial court erred in failing to consider the relevant statutory factors when it sentenced him to 14 days in jail and community control. Judgment AFFIRMED.
 
State of Ohio vs. William Fields (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070654_02202008.pdf
-  Fields appeals from the Hamilton County Common Pleas Court’s judgment denying his R.C. 2953.21 petition for postconviction relief. He challenging the adequacy of the common pleas court’s findings of fact and conclusions of law and that he had been denied the effective assistance of counsel. Judgment AFFIRMED.
 
In Re: The Levy/Henderson Children (February 20, 2008)
-  http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2007/C-070806_02202008.pdf
-  Levy appeals the juvenile court’s grant of permanent custody of her daughter, Mykiela Faith Henderson, to appellee Hamilton County Jobs and Family Services. Levy argues that the juvenile court erred by granting permanent custody to JFS. She claims that the state failed to present sufficient evidence that Mykiela could not be placed with her within a reasonable time or should not be placed with her within a reasonable time. Judgment AFFIRMED.
 

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

 

No Opinions.
 

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

 

Brannum v. Overton Cnty Sch Bd  (February 20, 2008) (Appeal from M.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0083p-06.pdf
-  Thirty-four Tennessee middle school students sued various officials of the Overton County, Tennessee, public school system under 42 U.S.C. § 1983 and others, alleging that the defendant school authorities violated the students’ constitutional right to privacy by installing and operating video surveillance equipment in the boys’ and girls’ locker rooms in Livingston Middle School (LMS), and by viewing and retaining the recorded images. The defendant Overton County school board members, the director of schools, the LMS principal, and the assistant principal, moved for summary judgment claiming qualified immunity. The district court denied their motions and they now appeal. We conclude that the district court correctly denied summary judgment to the school officials, who are not entitled to claim the defense of qualified immunity, and incorrectly denied summary judgment to the defendant board members and the Director of Schools, who are immune.
 
USA v. Rivera (February 20, 2008) (Appeal from E.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08b0084p-06.pdf
-  Zeneida Rivera pled guilty and was convicted of transporting illegal aliens from New Jersey to Knoxville, Tennessee for the purpose of obtaining driver’s licenses for the aliens. She alleges that the district court erred by selecting the United States Sentencing Guideline provision applicable to fraudulent documents related to naturalization, rather than the provision applicable to generic fraud and forgery. Because we agree with Rivera that the documents she procured were not related to immigration or naturalization, we REVERSE the district court and REMAND for re-sentencing under U.S. Sentencing Guideline § 2B1.1.
 
Taylor v. TECO Barge Line (February 20, 2008) (Appeal from W.D. KY)
-  http://www.ca6.uscourts.gov/opinions.pdf/08b0085p-06.pdf
-  Plaintiff Richard Taylor (“Taylor”), formerly a deckhand on the M/V Ann Peters for TECO Barge Line, Inc. (“TECO”), sued his former employer for damages, claiming exposure to coal tar left him with a permanent, severe skin reaction. After a jury awarded Taylor one million dollars, TECO brought this appeal. On appeal, TECO asserts that the district court made three evidentiary errors, erred in denying its motion for a judgment as a matter of law, and erred in refusing to offer a jury instruction on the harmlessness of the chemical in question. Additionally, TECO argues that the jury verdict was excessive. For the following reasons, we AFFIRM the district court’s judgment.
 

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