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 5th & 6th, 2008

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

TOPICS:
- Juvenile Law / Child-abuse reporting
- Autopsy / Notify next of kin of a decedent
- Real Property / Landlord & Tenant
- Search & Seizure
- Civil Service
- Municipal - Negligence

Ohio Supreme Court: Kraynak v. Youngstown City School Dist. Bd. of Edn. (Slip Opinion)(June 5, 2008)(2008-Ohio-2618)
- http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2618.pdf
- Child-abuse reporting * Former R.C. 2151.421 * Common-law exception to political subdivision immunity * Under former R.C. 2151.42, in determining whether a person knows or suspects child abuse for purposes of reporting it to the proper authorities, the standard is subjective * Common-law special-relationship exception to immunity does not exist in this case * Judgment reversed.

Albrecht v. Treon (Slip Opinion)(June 5, 2008)(2008-Ohio-2617)
- http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-2617.pdf
- The next of kin of a decedent upon whom an autopsy has been performed do not have a protected right under Ohio law in the decedent’s tissues, organs, blood, or other body parts that have been removed and retained by the coroner for forensic examination and testing.
First District Court of Appeals: [Search Other Ohio Districts]; Adaranijo v. Morris Invest. Co. (June 6, 2008)(2008-Ohio-2705)
- http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-2705.pdf
- In construing a lease, the court must read the lease as a whole and give effect to each provision if it is reasonable to do so: the trial court erred in holding that a landlord had wrongfully withheld a security deposit in a case where the tenant had vacated the premises prematurely, without paying the full amount of rent due for the term of the lease; even though the tenant had provided notice of his departure, the plain and ordinary meaning of lease indicated that the tenant’s compliance with the notice provision did not serve to excuse full performance of the tenant’s other obligations, including the obligation to pay rent for the full term of the lease.

State v. Howard (June 6, 2008)(2008-Ohio-2706)
- http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-2706.pdf
- The trial court erred by suppressing from evidence marijuana recovered from the trunk of the defendant’s automobile during two separate traffic stops, when police officers had probable cause to search the trunk on each occasion: the officers, who were trained and experienced in distinguishing the odor of burning marijuana from the odor of unburned marijuana, testified that they had each detected a strong odor of unburned marijuana emanating specifically from the trunk of the vehicle.

Inman v. Civ. Serv. Comm. (June 6, 2008)(2008-Ohio-2707)
- http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-2707.pdf
- The trial court lacked subject-matter jurisdiction over a firefighter’s appeal from the results of a civil service commission’s administrative investigation into official abuse pertaining to a promotional examination, particularly in the absence of an appeal from the grading and results of the firefighter’s own examination.

James v. Cincinnati (June 6, 2008)(2008-Ohio-2708)
- http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-2708.pdf
- Summary judgment was inappropriately granted for a city in an action brought by workers injured by the collapse of a wooden light pole in a city park, when the city was not immune from liability as a matter of law, and when there remained triable issues concerning (1) whether the decayed wood in the light pole was a qualified nuisance; (2) whether the city had breached its duty of care by failing to maintain the wooden light pole or to warn of its abnormally dangerous condition; and (3) whether such breach was the proximate cause of the injuries sustained by the workers. [But, see, DISSENT: The city’s failure to maintain the wooden light pole was not the proximate cause of the plaintiffs’ injuries: the intervening act of the plaintiffs’ co-worker caused the wooden pole to fall, and “but for” that act, the decay in the pole would not have been an issue.] Although the immunity provided by R.C. 2744.03(A)(5) operates to protect political subdivisions from liability based upon discretionary judgments concerning public policy, once a policy has been implemented, such as the decision to install wooden light poles in a public park, a city cannot claim immunity for its failure to inspect and maintain the poles.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: D'Ambrosio v. Bagley (June 5, 2008) (Appeal from N.D. Ohio)
- http://www.ca6.uscourts.gov/opinions.pdf/08a0208p-06.pdf
- Joe D’Ambrosio was convicted of murdering Anthony Klann in 1988. After D’Ambrosio discovered evidence that the prosecution had withheld during his trial, he amended his then-pending habeas petition to add a Brady claim. The district court granted the writ. On appeal, the warden argues, for the first time, that D’Ambrosio failed to exhaust his Brady claim and should be required to return to state court to relitigate the claim there. Although D’Ambrosio’s Brady claim was not presented to a state court, we do not dismiss his petition because the warden expressly waived the exhaustion requirement. See 28 U.S.C. § 2254(b)(3). The warden also challenges the district court’s decision on the merits and D’Ambrosio cross-appeals with respect to other issues. For the reasons given by the district court on issues presented to this court, we affirm.
U.S. Sixth Circuit Court of Appeals: Other States Cases: No Opinions.

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