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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Jan. 14th & 15th, 2009

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

TOPICS:
- Evidence / Sufficiency / Manifest Weight / Ineffective counsel
- Sentencing / Constitutional rights / Allied offenses of similar import
- Landlord Tenant / Electric / Evidence / File within time
- Plea / Allied offenses of smilar import
- Evidence / Jury Instructions / Sentence excessive
- Employment / Sex and Race-based Harassment / Hostile Work Environment
- False Claims Act / Jurisdiction / Abuse of discretion
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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*** Judgment Entries ***
 
State of Ohio vs. Tony L. Winstead (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080365_01142009.pdf
-  Winstead was found guilty following a bench trial of domestic violence, a first-degree misdemeanor, in violation of R.C. 2919.25(A). Winstead argues that his conviction for domestic violence was based on insufficient evidence and was against the manifest weight of the evidence, and that the trial court erred by denying his motion for a judgment of acquittal. Judgment AFFIRMED.
 
State of Ohio vs. Valerie Overstreet (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080339_01142009.pdf
-  Overstreet challenges her conviction for domestic violence. Overstreet argues that her conviction was based upon insufficient evidence, was against the manifest weight of the evidence and counsel was ineffective. Judgment AFFIRMED.
 
State of Ohio vs. Timothy Ferguson (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080338_01142009.pdf
-  Ferguson was convicted after a jury found him guilty of multiple offenses including aggravated burglary, rape, aggravated robbery, and attempted rape. The trial court ordered all these terms to be served consecutively for an aggregate prison term of 98 years. The trial court also designated Ferguson as a sexual predator. Ferguson appeals the sentences imposed by the trial court after the Ohio Supreme Court remanded his case for resentencing consistent with State v. Foster. Judgment AFFIRMED.
 
Kelli A. Case vs. Walter K. Hoffmeier (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080230_01142009.pdf
-  Hoffmeier rented a house to Kelli Case. Although the lease agreement was silent about the electric bills, Hoffmeier claimed that there had been an oral agreement that Case would pay the electric bills for both her house and another smaller house rented by a third party. Case claimed that she had not known about such an agreement. Case sued Hoffmeier for half of her electric bills. Hoffmeier counterclaimed. He alleged that Case owed two months’ rent and money for property damage. The magistrate awarded Case $1,000 for the electric bills. She awarded Hoffmeier $200 for cleaning costs. Hoffmeier now appeals, arguing that the trial court erred by (1) failing to record the proceedings until 15 minutes into the trial, and (2) disregarding proof that Case had forged receipts. Judgment AFFIRMED.
 
State of Ohio vs. Roosevelt McDonald (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070861_01142009.pdf
-  McDonald was indicted for two counts of murder. Under a plea agreement, McDonald pleaded guilty to involuntary manslaughter and felonious assault. The proposed sentence was 13 years in prison. McDonald now argues that he was improperly sentenced twice for allied offenses of similar import. Judgment AFFIRMED.
 
State of Ohio vs. Richard Eberhart (Jan. 14, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-070825_01142009.pdf
-  Richard Eberhart, III, was convicted of murder with a three-year firearm specification and having a weapon while under a disability. The trial court sentenced Eberhart to a minimum of 23 years to life in prison. Eberhart appeals his convictions and sentence. Judgment AFFIRMED.
 

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

 

No Opinions.
      

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

 

Christine Ladd v. Grand Trunk Western Railroad, (Jan. 14, 2009) (Appeal from E.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/09a0017p-06.pdf
-  Plaintiff Christine Ladd, an African-American woman claiming sex- and race-based harassment and retaliatory discharge against her former employer Grand Trunk Western Railroad (“Grand Trunk”), appeals the district court’s grant of summary judgment in favor of Grand Trunk. Ladd argues that she presented a genuine issue as to all of her claims. For the reasons that follow, we AFFIRM the judgment of the district court.
 
Poteet v. Medtronic Inc (Jan. 14, 2009) (Appeal from W.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/09a0018p-06.pdf
-  In this qui tam action, Relator, Jacqueline Kay Poteet (“Poteet”), appeals the district court’s dismissal of her complaint, brought pursuant to the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. (2000), as jurisdictionally barred by the statute’s public disclosure provision, 31 U.S.C. § 3730(e)(4)(A), and first-to-file provision, 31 U.S.C. § 3730(a)(5). In addition to challenging the district court’s application of these jurisdictional bars, Poteet also claims that the district court abused its discretion when it failed to grant her motion for discovery and when it failed to conduct an evidentiary hearing before dismissing her complaint. For the reasons that follow, we AFFIRM the district court’s dismissal of Poteet’s action.
 

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