Daily Case Update Archive

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April 30, 2008

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

TOPICS:
- Workers’ compensation
- Writ of mandamus / Notice served to wrong address
- Postconviction relief / Trial transcript / Limitations period
- Mandamus * Eminent domain
- Writ of quo warranto
- Speedy Trial / Jury Trial waiver / Improvidently accepted
- Allied offenses / Effective consel / Sentencing
- Final appealable order / Jurisdiction
- Meritorious appeal
- Damages / Legal Malpractice / Deficient complaint
- Real Property / Breach of Contract / Damages
- Motion to Suppress / Fair Trial
- Speedy-trial rights
- Criminal Rule 11 / Good time credit
- Allied offenses of similar import
- ORC 2953.52 / Seal official records
- Governmental Immunity / Order: final and appealable
 

Ohio Supreme Court

 

State ex rel. Ohio State Univ. Hosp. v. Indus. Comm. (Slip Opinion)(April 30, 2008)(2008-Ohio-1969)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1969.pdf
-  Workers’ compensation * Industrial Commission * R.C. 4123.61 * Special circumstances require alternative calculation of average weekly wage to effect “substantial justice” * Judgment affirmed.
 
State ex rel. Halder v. Fuerst (Slip Opinion)(April 30, 2008)(2008-Ohio-1968)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1968.pdf
-  Appeal from judgment denying writ of mandamus to compel a clerk of courts to serve notice of trial court’s denial of motion for relief from judgment * Court of appeals’ denial of writ affirmed * Clerk served notice at last known address for appellant.
 
State v. Hollingsworth (Slip Opinion)(April 30, 2008)(2008-Ohio-1967)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1967.pdf
-  Appeal dismissed as improvidently accepted.
 
State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati (Slip Opinion)(April 30, 2008)(2008-Ohio-1966)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1966.pdf
-  Mandamus * Eminent domain * Just compensation for public taking * City’s confiscation of property owner’s only means of access * Property owner need not show denial of all economically viable uses of land * Writ issued to compel city to institute appropriation proceeding.
 
State ex rel. Newell v. Jackson (Slip Opinion)(April 30, 2008)(2008-Ohio-1965)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1965.pdf
-  Appeal from judgment denying writ of quo warranto to oust fire-department chief because of civil service commission’s alleged failure to comply with R.C. 121.22 * Court of appeals’ denial of writ affirmed * Appellant failed to challenge the appointment before new fire chief’s probationary period expired, after which he could be removed only for cause * R.C 124.34.
 
State v. Masters (Slip Opinion)(April 30, 2008)(2008-Ohio-1964)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-1964.pdf
-  Appeal dismissed as improvidently accepted.
 

First District Court of Appeals

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*** Judgment Entries ***
 
State of Ohio vs. Gerald Carney (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070532_04302008.pdf
-  Carney appeals the judgment of the Hamilton County Court of Common Pleas convicting him of felonious assault under R.C. 2903.11(A)(1) and child endangering under R.C. 2919.22(B)(2). He contends that (1) felonious assault and child endangering were allied offenses of similar import, (2) deprived of the effective assistance of trial counsel, and (3) the consecutive four-year sentences were excessive. Judgment AFFIRMED.
 
Joseph P. Callahan vs. Ed Keyser (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070538_04302008.pdf
-  Keyser appeals pro se from the trial court’s June 27, 2007, entry denying his Civ.R. 60(B) motion to set aside a judgment of liability against him. Consequently, the trial court’s June 27, 2007, entry denying relief from that interlocutory order was also not a final appealable order. Absent a final appealable order, we are without jurisdiction to entertain this appeal, and for that reason the appeal is dismissed.
 
State of Ohio vs. James Linville (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070640_04302008.pdf
-  Linville appeals the judgment of the Hamilton County Court of Common Pleas convicting him of felonious assault with a firearm specification and aggravated assault. Under Anders, this court is now charged with the task of independently reviewing the record for any prejudicial errors that would warrant the reversal of the trial court’s judgment. Judgment AFFIRMED.
 
James Everett, et al. vs. Mark Godbey dba Mark Godbey & Associates, et al. (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070510_04302008.pdf
-  James Everett, Virginia Robinson, and Ophelia Everett (“the Everetts”) appeal the trial court’s dismissal of their case and the denial of their motion to reconsider. The Everetts now appeal, asserting three assignments of error: that the trial court erred by (1) failing to consider the last amended complaint; (2) granting the motion to dismiss; and (3) denying the motion to reconsider. The Everetts’ first three complaints failed show that they were entitled to relief. Only the final complaint complied with Civ.R. 8(A), but the Everetts filed it after a final judgment had been entered, and thus the court was not permitted to consider it.
 
Valley Vista Apartments, LLC vs. David Mladen (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070486_04302008.pdf
-  Valley Vista sued Mladen, claiming that Mladen had breached the contract to purchase and that the breach had occurred in bad faith. After dueling motions for summary judgment were denied, the parties submitted the case to the trial court for resolution in a bench trial based upon the existing record. The trial court found that Mladen had breached the contract and that Valley Vista was entitled to retain the $100,000 in earnest money as the remedy for that breach. Mladen argues that the trial court improperly concluded that he had breached the contract and it was improper to award compensatory damages on the theory of a bad-faith breach of the contract. The disposition of the first and third assignments of error renders the second and fourth assignments moot. The judgment of the trial court is reversed, and this case is remanded to the trial court with instructions to enter judgment for Mladen.
 
State of Ohio vs Dangelo Sellers (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070484_04302008.pdf
-  Sellers admitted that he had known about Smith*s plan to rob someone. Sellers also admitted that he had known about the gun, described it, and told police that it was inoperable. Sellers moved to suppress his statement, and the trial court overruled his motion. Sellers was tried before a jury on two counts of robbery. He was convicted of the robbery of Foster, but acquitted of the robbery of Nicholson. Sellers was sentenced to seven years* incarceration. Judgment AFFIRMED.
 
State of Ohio vs. Anthony Rivera (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070467_04302008.pdf
-  Rivera appeals from the convictions that resulted from his guilty plea to one count of possession of cocaine in violation of R.C. 2925.11(A) and two counts of trafficking in cocaine in violation of R.C. 2925.03(A)(2). Rivera argues the trial court erred by not dismissing the charges against him on the basis that his speedy-trial rights had been violated. Judgment AFFIRMED.
 
State of Ohio vs. Daniel L. Woods (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070399_04302008.pdf
-  Woods appeals the judgment of the trial court convicting him of deception to obtain a dangerous drug, following his no-contest plea. Counsel has sought to withdraw from representation and requests that this court, consistent with Anders, independently review the record to determine whether the proceedings below were free from prejudicial error. Judgment AFFIRMED.
 
State of Ohio vs. Mario Lungelow (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070384_04302008.pdf
-  After being indicted for one count of violating a protection order, defendant-appellant Mario Lungelow entered a plea of no contest to that charge. After a plea hearing, he was found guilty and sentenced to ten months in prison. On appeal, he argues that the trial court failed to comply with Crim.R. 11 before accepting the plea and that the trial court improperly found him guilty of the offense. Judgment AFFIRMED.
 
State of Ohio vs. Jason Lilly (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070366_04302008.pdf
-  Lilly plead guilty to ppossession of powder cocaine, trafficking in powder cocaine, appravated possession of drugs, trafficking in crack cocaine and aggravated assault. He was sentenced to four years in prison. Lilly’s counsel has filed a brief in this appeal pursuant to Anders v. California,12 advising this court that, after a thorough review of the record, she can discern no arguable assignments of error to present on appeal. But counsel appeared for oral argument and has raised the issue that the trial court improperly failed to merge some of the counts, as they involved allied offenses of similar import. The trial court REVERSED in Part and Cause is REMANDED for the imposition of a sentence. In all other requests, the trial court’s judgment is AFFIRMED.
 
State of Ohio vs. Anthony McClain (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070304_04302008.pdf
-  McClain was found guilty of murdering Phillip White and sentenced to fifteen years to life, with an additional three year term for a firearm specification. McClain filed a motion for leave to file a motion for a new trial. At McClain*s second trial, nearly all the evidence was read to the jury from transcripts. McClain was acquitted of the murder, and he was subsequently released. McClain filed an application under R.C. 2953.52 to seal the official records of the case following the finding of not guilty by the jury. The state objected to McClain*s application. McClain alleges that the trial court abused its discretion in failing to grant McClain*s application to seal the case records. Judgment AFFIRMED.
 
Gary T. McNeal, et al. vs. Misty T. Morris, et al. (April 30, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-061061_04302008.pdf
-  Defendants-appellants, the city of Blue Ash and Gary T. McNeal, appeal the summary judgment entered by the Hamilton County Court of Common Pleas in a personal-injury action. In a single assignment of error, the city and McNeal now argue that the trial court erred in denying their motion for summary judgment on the issue of immunity. Accordingly, this court is without jurisdiction to entertain the appeal. We dismiss the appeal and return the case to the trial court for further proceedings, including, if the trial court sees fit, certification under Civ.R. 54(B).
  

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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