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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April 24-25, 2008

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

TOPICS:
- Miranda
- Proceudre/ Rules
- Insurance / Appellate Review / Civil
- Criminal Rule 11
- Writ of habeas corpus / Equal Protection / Eyewitness Testimony
- Evidence / Motion in limine / Jury Instruction / Sentencing
- Immigration / Asylum / Petition for review
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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State v. Davis (April 25, 2008)(2008-Ohio-1955)
-  http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-1955.pdf
-  The trial court erred when it granted the defendant’s motion to suppress on the ground that the police had questioned him without advising him of his Miranda rights: A reasonable person in the defendant’s position would not have understood himself to have been in police custody, where the questioning was brief and done on a public street, the defendant was not deprived of his car keys, and the defendant was not placed in a police cruiser. Judgment REVERSED and Cause REMANDED.
 
Roberts v. Skaggs (April 25, 2008)(2008-Ohio-1954)
-  http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-1954.pdf
-  The failure to serve a copy of the magistrate’s decision on counsel for the aggrieved party in accordance with Civ.R. 5(B) resulted in reversible error, when it left counsel with no time to seek findings of fact and conclusions of law or to file objections to the decision. Judgment REVERSED and Cause REMANDED.
 
Fahlbush v. Crum-Jones  (April 25, 2008)(2008-Ohio-1953)
-  http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-1953.pdf
-  The trial court did not err in entering summary judgment for an employee seeking uninsured-motorist benefits under his employer’s insurance policy: The employee was within the course and scope of his employment at the time of the accident, because he was traveling from one jobsite to another; and even though the issue whether the employee was an insured under the policy had been waived, the unambiguous terms of the policy made it apparent that the employee was eligible for coverage as an active member of his employer’s organization. Judgment AFFIRMED.
 
State v. Penny (April 25, 2008)(2008-Ohio-1952)
-  http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-1952.pdf
-  The trial court did not err in accepting the defendant’s guilty plea despite the court’s misstatement of the potential maximum sentence for one of the offenses: the sentence imposed was within the statutory range, and no prejudice resulted because it did not exceed the misstated maximum potential sentence. Judgment AFFIRMED.
 

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

 

Keene v. Mitchell (April 25, 2008)(Appeal from S.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0165p-06.pdf
-  Marvallous Keene, an Ohio death row inmate, appeals from the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Two issues were certified for appeal: (1) whether Keene was denied equal protection when the prosecutor allegedly selectively prosecuted him because he is African-American; and (2) whether his due process rights were violated when a pretrial identification procured by allegedly unduly suggestive procedures was admitted into evidence at trial. We affirm the district court’s denial of Keene’s habeas petition.
 

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

 

USA v. Goosby (April 24, 2008)(Appeal from W.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0164p-06.pdf
-  Defendant Gregory Goosby appeals his jury conviction and sentence on thirty counts of willfully aiding or assisting in the preparation and presentation of false or fraudulent income tax returns under 26 U.S.C. § 7206(2). He challenges (1) the sufficiency of the evidence, (2) the district court’s evidentiary ruling on a motion in limine, (3) the jury charge regarding IRS publications, and (4) the reasonableness of his sentence. We AFFIRM.
 
Huang v. Mukasey (April 25, 2008)(Appeal from Board of Immigration Appeals)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0166p-06.pdf
-  An Immigration Judge (“IJ”) found that Fang Huang (“Huang”) entered a fraudulent marriage in 1996 for the purpose of securing admission to the United States, denied Huang’s application for asylum as untimely filed, and denied her applications for withholding of removal under the Immigration and Nationality Act (“INA”) and under the Convention Against Torture (“CAT”). While her case was pending before the BIA, Huang moved to remand her case to the Immigration Court and reopen the record so that she could submit additional evidence and apply for an adjustment of status. The BIA dismissed Huang’s appeal from the IJ’s decision and denied her motions to remand. In March 2008 while her case was pending before this court, Huang filed with us a Motion to Remand to the Board of Immigration Appeals and to Supplement the Record. For the reasons discussed below, we DISMISS Huang’s petition for review insofar as it seeks review of the denial of her application for asylum. In all other respects, we DENY Huang’s petition for review and her motion to remand to the BIA and supplement the record.
 

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