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 , 2006 , 2007 , 2008 , 2009 , 2010.

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June 3rd & 4th, 2008

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

TOPICS:
- Real Property Taxation
- Political subdivision liability
- Criminal law * Allied offenses of similar import
- Sovereign immunity
- Postconviction petition / Tardy
- Sentencing / Post-release control
- Anders v. California / Frivolous Appeal
- Evidence / Search Warrant Affidavit / Probable cause
- Sufficiency Evidence
- Domestic Violence
- Civil Rights / License to practice law
 

Ohio Supreme Court

 

AP Hotels of Illinois, Inc. v. Franklin Cty. Bd. of Revision (Slip Opinion)(June 3, 2008)(2008-Ohio-2565)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2565.pdf
-  Real property taxation * Appraisal report * Significance of date as of which appraiser certifies a valuation * Duty of BTA to perform independent valuation.
 
Rankin v. Cuyahoga Cty. Dept. of Children & Family Servs. (Slip Opinion)(June 4, 2008)(2008-Ohio-2567)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2567.pdf
-  Political subdivision liability * R.C. Chapter 2744 * Common law “special relationship” exception to immunity from civil liability * Court of appeals erred in considering an exception to immunity not provided in R.C. 2744.02(B) * Judgment affirmed in part and reversed in part.
 
State v. Meyers (Slip Opinion)(June 4, 2008)(2008-Ohio-2541)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2541.pdf
-  Certified question answered in the affirmative and court of appeals’ judgment affirmed on the authority of State v. Cabrales.
 
State v. Foster (Slip Opinion)(June 4, 2008)(2008-Ohio-2542)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2542.pdf
-  Certified question answered in the affirmative and court of appeals’ judgment affirmed on the authority of State v. Cabrales, and cause remanded.
 
State v. Fleming (Slip Opinion)(June 4, 2008)(2008-Ohio-2543)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2543.pdf
-  Court of appeals’ judgment reversed on the authority of State v. Cabrales and cause remanded.
 
In re J.Y. (Slip Opinion)(June 4, 2008)(2008-Ohio-2544)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2544.pdf
-  Court of appeals’ judgment affirmed on the authority of State v. Cabrales.
 
State v. Matthews (Slip Opinion)(June 4, 2008)(2008-Ohio-2545)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2545.pdf
-  Court of appeals’ judgment affirmed on the authority of State v. Cabrales.
 
O'Toole v. Denihan (Slip Opinion)(June 4, 2008)(2008-Ohio-2574)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2574.pdf
-  Sovereign immunity * Public children service agencies * No liability for failure to cross-report child abuse to law enforcement under R.C. 2151.421(A)(1)(a) * R.C. 2919.22(A)’s lack of express imposition of liability on political subdivision and its employees means that immunity applies * Standard for recklessness.
 
State v. Harris (Slip Opinion)(June 4, 2008)(2008-Ohio-2546)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2546.pdf
-  Certified question answered in the affirmative and court of appeals’ judgment affirmed on the authority of State v. Cabrales.
 
State v. Taylor (Slip Opinion)(June 4, 2008)(2008-Ohio-2547)
-  http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2547.pdf
-  Certified question answered in the affirmative and court of appeals’ judgment affirmed on the authority of State v. Cabrales.
 

First District Court of Appeals

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*** Judgment Entries ***
 
State of Ohio vs. Gary Stillwell (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070333_06042008.pdf
-  Stillwell appeals the Hamilton County Common Pleas Court’s judgments overruling his motion to withdraw his guilty pleas and denying his postconviction petitions. Stillwell filed his petition well after the time afforded by R.C. 2953.21(A)(2). Judgment AFFIRMED.
 
State of Ohio vs. William Satterfield (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070414_06042008.pdf
-  Satterfield was sentenced to eight years in prison for the felonious assault, to be served consecutively to an eleven-month term of imprisonment for the community-control violation. The trial court failed to sentence Satterfield to post-release control. The trial court ordered that Satterfield, who was still serving his prison sentence, be returned to the trial court for resentencing. Satterfield argues that his sentence was final in 1999 and that any subsequent modification was barred by the doctrine of res judicata. Judgment AFFIRMED. 
 
State of Ohio vs. Frederick McClain (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070514_06042008.pdf
-  McClain pleaded guilty to possession of cocaine and trafficking in marijuana with an accompanying gun specification. McClain received an agreed aggregate sentence of 18 months’ incarceration as follows: consecutive terms of six months’ incarceration for trafficking in marijuana and twelve months’ incarceration for the gun specification, and a concurrent term of 18 months’ incarceration for possession of cocaine. On appeal, counsel for McClain has filed a brief in accordance with Anders v. California, stating that counsel has conscientiously reviewed the record and has found no nonfrivolous grounds on which to appeal. Counsel's motion to withdraw is OVERRULED and judgment AFFIRMED. 
 
State of Ohio vs. Bernard Cheatham (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070535_06042008.pdf
-  Following a proper and complete Crim.R. 11 colloquy with the trial court, Bernard Cheatham pleaded guilty to two counts of trafficking in drugs, in violation of R.C. 2925.03(A)(1) and 2925.03(A)(2). The trial court sentenced him to the minimum term on each count, and made the terms concurrent for a total of two years’ incarceration. Counsel's request an independently review the record to determine if the proceedings below were free from prejudicial error. We hold that is appeal is without merit and is wholly frivolous. Judgment AFFIRMED.
 
State of Ohio vs. Jonathon L. Green (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070537_06042008.pdf
-  Green was convicted of two counts of trafficking in cocaine2 and was placed on community control. When he was later charged with trafficking in and possession of heroin and cocaine in another case,3 he was returned to the trial court for a community-control-violation hearing. The trial court terminated Green’s community control, having found that he had violated its terms, and sentenced him to prison. Counsel has asked this court to conduct an independent review of the record to determine whether the proceedings below were free from prejudicial error. We AFFIRM the trial court’s judgment and OVERRULE counsel’s motion to withdraw.
 
State of Ohio vs. Timothy Smith (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070552_06042008.pdf
-  Smith, who had a previous conviction for drug trafficking, was charged with having a weapon under a disability. Smith pleaded no contest, was found guilty, and was sentenced to three years community control. Smith*s sole assignment of error alleges that the trial court erred in denying his request for a full Franks hearing. Smith argues that if the false statement was excluded, the affidavit did not support a finding of probable cause. Judgment AFFIRMED.
 
State of Ohio vs. Christopher Ruff (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070581_06042008.pdf
-  Ruff appeals his conviction for trafficking in heroin. Ruff now asserts that the trial court erred when it sentenced him without considering the purposes and principles of sentencing under R.C. 2929.11 and the factors listed in R.C. 2929.12. Judgment AFFIRMED.
 
State of Ohio vs. Sharon Edmonds (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070646_06042008.pdf
-  Edmonds appeals her conviction for endangering children, in violation of R.C. 2919.22(A), a misdemeanor of the first degree. The trial court sentenced Edmonds to 180 days’ incarceration. This sentence was suspended, and Edmonds was ordered to serve one year of community control. Edmonds now challenges the weight and the sufficiency of the evidence adduced to support her conviction. Judgment AFFIRMED.
 
State of Ohio vs. Rodney Sams (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070655_06042008.pdf
-  Sams appeals his consecutive sentences for driving his car while under the influence (“OVI”). Sams argues that the trial court’s sentences did not take into account the need for rehabilitation and to protect the public from future offenses, and that the court considered Sams’s alleged mental disorder as an aggravating factor rather than as a factor in mitigation of the sentences. Judgment AFFIRMED.
 
State of Ohio vs. Antwan Hartley (June 4, 2008)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070708_06042008.pdf
-  Hartley was convicted of disorderly conduct under R.C. 2917.11(A). Hartley contends that the trial court erred in convicting him of disorderly conduct. He argues that disorderly conduct is not a lesser-included offense of domestic violence. Judgment AFFIRMED.
 

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

 

No Opinions.
 

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

 

Lawrence v. Welch (June 3, 2008)(Appeal from W.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0207p-06.pdf
-  Plaintiff-Appellant Frank J. Lawrence, Jr. (“Lawrence”) appeals from the district court’s judgment dismissing his claims filed pursuant to 42 U.S.C. § 1983 against officials of the State Bar of Michigan in connection with their denial of his application for a license to practice law. For the following reasons, we AFFIRM.
 

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