01/14/2010

Case Name Case No. Topics and Issues Author Decided
Click here to openIn re J.B. 93483 Due process; parent’s request not to be transported to custody hearing; manifest weight of the evidence; clear and convincing; permanent custody; best interest of the child. Sweeney 1/14/2010
Click here to openFrancis David Corp. v. Scrapbook Memories & More 93376 SUBJECT MATTER JURISDICTION; VOID JUDGMENT; SATISFACTION OF JUDGMENT; RETROSPECTIVE APPLICATION OF SUPREME COURT DECISION. Rocco 1/14/2010
Click here to openState v. Lenard 93373 COMMUNITY CONTROL SANCTION; VIOLATION; NOTIFIED IN WRITING OF VIOLATION; ORAL NOTIFICATION AT HEARING; ABUSE OF DISCRETION. Cooney 1/14/2010
Click here to openEly Ents., Inc. v. FirstMerit Bank, N.A. 93345 promissory note; interest; per annum; 365/360; payment; calculation; ambiguous; judgment on the pleadings; contract; interpretation Gallagher 1/14/2010
Click here to openGMAC v. Cleveland 93253 SOVEREIGN IMMUNITY; SUMMARY JUDGMENT Rocco 1/14/2010
Click here to openState v. Hodge 93245 defendant sentenced to community control and advised of prison term for violation; defendant twice violated community control; defendant not re-advised of prison term for violating community control after first violation; re-notification not necessary if defendant was properly noticed at original sentencing hearing. McMonagle 1/14/2010
Click here to openIn re T.W. 93239 STANDARD OF REVIEW FOR ADMISSION OR EXCLUSION OF EVIDENCE; PLAIN ERROR; EVID.R. 801(D)(1). Cooney 1/14/2010
Click here to openHolmes v. Cleveland Civ. Serv. Comm. 93191 R.C. 2506 appeal; termination from employment; threatening behavior; pretermination notice. Blackmon 1/14/2010
Click here to openState v. Mikolajczyk 93085 felony DUI; increased penalty for refusing breath test constitutional; indictment sufficient to charge a felony; collateral attack on prior convictions limited to uncounseled prior convictions. McMonagle 1/14/2010
Click here to openState v. Fisher 93047 Res judicata; hearing; petition for postconviction relief; motion for summary judgment Boyle 1/14/2010
Click here to openState v. Roubideaux 92948 Drugs, Possession, Trafficking; Motion to Suppress, investigatory stop, Miranda warnings, probable cause, reasonable suspicion, reliable informant, “tip,” traffic accident Rocco 1/14/2010
Click here to openState v. Woody 92929 Post-sentence motion to withdraw guilty plea; failure to file transcript. Sweeney 1/14/2010
Click here to openIn re J.V. 92869 SUFFICIENT EVIDENCE; R.C. 2152.14(D) AND (E)(1); SIXTH AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION ARTICLE I, SECTIONS 10 AND 16 OF THE OHIO CONSTITUTION RESENTENCING; POST RELEASE CONTROL Jones 1/14/2010
Click here to openState v. Williams 92714 Sufficiency of the evidence; manifest weight of the evidence; admissibility of other acts evidence; rape; forcible rape of victim under 13 years old; kidnapping; sexual conduct; sexual contact. Sweeney 1/14/2010
Click here to openState v. Marcoff 92698 App.R. 4(B)(3); final appealable order Dyke 1/14/2010
Click here to openState v. Johns 92627 sexually oriented offender; operation of law; notice; registration; violation; community control; manifest injustice; motion to withdraw; due process Gallagher 1/14/2010
Click here to openIn re Sanctions for Amato 92609 sanctions; frivolous conduct; R.C. 2323.51; attorney fees Gallagher 1/14/2010
Click here to openState v. Anderson 92568 SUFFICIENCY OF THE EVIDENCE; MANIFEST WEIGHT OF THE EVIDENCE; R.C. 2903.02(A); MURDER; R.C. 2923.13(A)(2); HAVING A WEAPON UNDER DISABILITY; WITNESS CREDIBILITY; LAY WITNESS OPINION TESTIMONY (EVID. R. 701); INEFFECTIVE ASSISTANCE OF COUNSEL. Cooney 1/14/2010
Click here to openState v. Hakeem 92542 R.C. 2929.191/RESENTENCING PRIOR TO RELEASE FROM PRISON; POSTRELEASE CONTROL; DOUBLE JEOPARDY/DUE PROCESS/RES JUDICATA Jones 1/14/2010
Click here to openState v. McPherson 92481 felonious assault; R.C. 2903.11(A)(1); reckless assault; R.C. 2903.13(B); lesser included offense; R.C. 2903.13(B)(2)(b); correction facility; essential element Gallagher 1/14/2010
Click here to openState v. Golson 92443 MOTION FOR ACQUITTAL; SUFFICIENCY; MANIFEST WEIGHT; CROSS-EXAMINATION OF PRIOR OFFENSE; CONSECUTIVE SENTENCE; R.C. 2941.25 ALLIED OFFENSES Jones 1/14/2010
Click here to openState v. Spicer 92384, 92385 R.C. 2929.11/SENTENCING; DUE PROCESS; ABUSE OF DISCRETION Jones 1/14/2010
Click here to openState v. McKissic 92332, 92333 Crim.R. 11(C); Maximum Penalty; Postrelease Control; Constitutional Rights; Nonconstitutional Rights; Substantial Compliance; Sentencing. McMonagle 1/14/2010
Click here to openFirst Horizon Home Loan Corp. v. Roberts 92367 CIV.R. 56/SUMMARY JUDGMENT; FAILURE TO RAISE STANDING; JURISDICTION; TILA Jones 1/14/2010
Click here to openMarketing Assoc., Inc. v. Gottlieb 92292 Covenant not to compete; jury trial; judgment notwithstanding the verdict; Civ.R. 59(A)(1); jury interrogatory; Civ.R. 49; weight of the evidence Boyle 1/14/2010
Click here to openState v. Humphrey 89476 App.R. (26)(B); untimely. Dyke 1/11/2010