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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April 13th, 14th & 15th, 2009

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

TOPICS:
- Election / Valid Signatures
- Civil procedure / Appeal as of right / Magistrate
- Appeal dismissed
- Workers’ compensation / Classification review
- Tardy Post conviction petition
- Evidence / Sufficiency / Weight / Weapon under disability
- Writ of habeas corpus / Ineffective assistance of counsel
- Bankruptcy / Motion for Certification of Direct Appeal
- Petition to rehear /  Certification of Direct Appeal
 

Ohio Supreme Court

 

State ex rel. Greene v. Montgomery Cty. Bd. of Elections (Slip Opinion)(April 13, 2009)(2009-Ohio-1716)
-  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-ohio-1716.pdf
-  Mandamus — Elections — Primary elections — Petition for placement of name on ballot for mayor — Petition rejected for lack of sufficient number of valid signatures — Board of elections did not abuse its discretion in applying statutory criteria for invalidating signatures when city charter contains no criteria — Writ denied.

State ex rel. Findlay Industries v. Indus. Comm. (Slip Opinion)(April 15, 2009)(2009-Ohio-1674)
-  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-ohio-1674.pdf
-  Civil procedure — Civ.R. 53(D)(3)(b) — Objections to magistrate’s decision necessary to preserve issue for appeal.

State v. Baker (Slip Opinion)(April 15, 2009)(2009-Ohio-1675)
-  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-ohio-1675.pdf
-  Appeals dismissed as improvidently certified and accepted.

State ex rel. Craftsmen Basement Finishing Sys., Inc. v. Ryan (Slip Opinion)(April 15, 2009)(2009-Ohio-1676)
-  http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-ohio-1676.pdf
-  Workers’ compensation — Occupational classification — Home-remodeling salespersons — “Construction estimator” and “salesperson” classifications reviewed — Reconsideration by bureau ordered.
 

First District Court of Appeals

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*** Judgment Entries ***

State of Ohio vs. Ronald Williams (April 15, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080875_04152009.pdf
-  Williams challenges the Hamilton County Common Pleas Court’s judgment overruling his “Motion to Vacate Conviction.” The petitioner must show either that he was unavoidably prevented from discovering the facts upon which his petition depends, or that his claim is predicated upon a new or retrospectively applicable federal or state right recognized by the United States Supreme Court since the expiration of the time prescribed by R.C. 2953.21(A)(2) or since the filing of his last petition; and he must show “by clear and convincing evidence that, but for constitutional error at trial, no reasonable factfinder would have found [him] guilty of the offense of which [he] was convicted * * * .” Judgment AFFIRMED.

State of Ohio vs. William Ushry (April 15, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080659_04152009.pdf
-  Ushry challenges the Hamilton County Common Pleas Court’s judgment denying his petition for postconviction relief. Judgment AFFIRMED.

State of Ohio vs. William Dunn (April 15, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080549_04152009.pdf
-  Dunn appeals from the Hamilton County Common Pleas Court’s judgment denying his R.C. 2953.21 petition for postconviction relief. Dunn claimed that he had been denied the effective assistance of counsel because his trial counsel had failed to move to suppress his arrest and the evidence seized incident to his arrest and a search of his apartment. Judgment AFFIRMED.

State of Ohio vs. Styles Hummons (April 15, 2009)
-  http://www.hamilton-co.org/appealscourt/docs/decisions/C-080348_04152009.pdf
-  Hummons was arrested and charged with having a weapon under a disability, aggravated robbery, and rial, Hummons was convicted of having a weapon under a disability but was acquitted on the remaining charges. Hummons appeals from his weapon-under-disability conviction, arguing that it was against the weight and sufficiency of the evidence. Judgment AFFIRMED.
 

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

 

Wiles v. Bagley  (April 14, 2009)(Appeal from N.D. OH)
-  http://www.ca6.uscourts.gov/opinions.pdf/09a0147p-06.pdf
-  Mark Wiles murdered a fifteen-year-old boy with a kitchen knife during a botched burglary in 1985. After he waived his right to a jury trial, a panel of three Ohio judges convicted him of aggravated murder and aggravated burglary, then sentenced him to death. After exhausting his state-court appeals and post-conviction remedies, Wiles sought a writ of habeas corpus under 28 U.S.C. § 2254, arguing (among other things) that he was denied the effective assistance of counsel under the Sixth and Fourteenth Amendments. Because Wiles has not shown that he was prejudiced by his counsel’s alleged shortcomings, we affirm.
       

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

 

In re: Joy Dutkiewicz v. (April 13, 2009) (Appeal from U.S. Bankruptcy Court - Grand Rapids)
-  http://www.ca6.uscourts.gov/opinions.pdf/09b0003p-06.pdf
-  Before us is the Motion for Certification of Direct Appeal to the Sixth Circuit Court of Appeals of Debtor-Appellee Joy Ann Dutkiewicz (“Debtor”). The Debtor’s motion seeks direct appeal to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C. § 158(d)(2) of an order of the bankruptcy court overruling the Trustee’s objection to the Debtor’s claim of exemptions as untimely. The only issue presented is when the first meeting of creditors scheduled pursuant to 11 U.S.C. § 341 is concluded for purposes of triggering the provisions of Federal Rule of Bankruptcy Procedure 4003(b). For the foregoing reasons, the Motion for Certification of Direct Appeal to the Sixth Circuit Court of Appeals is DENIED.

Derrick Bell v. Kurt Jones (April 14, 2009) (Appeal from E.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/09a0146p-06.pdf
-  Derrick Bell, a pro se Michigan prisoner, petitions the court to rehear en banc an order denying him a certificate of appealability. The motion has been referred to this panel of three judges, two of whom are senior judges, on which the original deciding judge does not sit, for a determination on the merits of the petition for rehearing. We conclude that the original deciding judge did not misapprehend or overlook any point of law or fact when he issued his order, and, accordingly, declines to rehear the matter. Fed. R. App. P. 40(a).
 

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