04/15/2010

Case Name Case No. Topics and Issues Author Decided
Click here to openIn re M.J.M. 94130 Legal custody; permanent custody; best interests of the child; abuse of discretion; overruling the determination of a magistrate; abuse of a sibling. Celebrezze 4/15/2010
Click here to openEiben v. Grange Mut. Cas. Co. 93730 Insurance contract, summary judgment, plain and ordinary meaning, declaratory judgment, final appealable order, perils we insure against. Kilbane 4/15/2010
Click here to openAm. Family Ins. Co. v. Williams 93658 MOTION FOR RELIEF FROM JUDGMENT; RULE 60(B); AFFIDAVIT Jones 4/15/2010
Click here to openState v. Woodson 93476 Aggravated murder, circumstantial evidence, sufficiency of the evidence, manifest weight. Blackmon 4/15/2010
Click here to openState v. Hill 93379 Repeat violent offender specification, factfinding, rape, kidnapping, maximum, consecutive, sentence, trial by jury. Kilbane 4/15/2010
Click here to openPovroznik v. Mowinski Builders, Inc. 93225 Breach of contract; damages. Sweeney 4/15/2010
Click here to openState v. Spencer 92992 Motion to withdraw guilty plea; successive motions; manifest injustice; res judicata; conditional plea; ineffective assistance of counsel; inappropriate involvement of the trial court in plea negotiations; affidavits. Celebrezze 4/15/2010
Click here to openState v. Shearer 92974 SELF-DEFENSE; PROVOCATION; VERBAL ACTS; EVID.R. 404(B); JURY INSTRUCTIONS; MANIFEST WEIGHT; ALLIED OFFENSES FOLLOWING STATE V. WILLIAMS, 124 OHIO ST.3D 381 AND STATE V. CROSBY, CUYAHOGA APP. NO. 92807, 2010-OHIO-1584. Cooney 4/15/2010
Click here to openState v. Hall 92952 Contraband; forfeiture; RICO; R.C. 2981.01 Stewart 4/15/2010
Click here to openState v. Storey 92946 manifest weight of evidence supports convictions on firearm and forfeiture specifications; State v. Foster governs consecutive sentences; merger at sentencing of felonious assault convictions. McMonagle 4/15/2010
Click here to openState v. Anderson 92879 Manifest weight of the evidence, sufficiency of the evidence; ineffective assistance of counsel. Blackmon 4/15/2010
Click here to openState v. Carter 92859 Burglary, level of intent, mens rea, lesser included offense, jury instruction, prosecutorial misconduct. Kilbane 4/15/2010
Click here to openState v. Barnes 92512 EVID.R. 404(B); PRIOR ACTS EVIDENCE; EVID.R. 403(A); TRIAL COURT’S PREJUDICIAL REMARKS; VINDICTIVE SENTENCE; INEFFECTIVE ASSISTANCE OF COUNSEL. Cooney 4/15/2010
Click here to openGarfield Hts. v. Winbush 92276 FLEEING AND ELUDING; TESTIMONIAL EVIDENCE; ONGOING EMERGENCY. Blackmon 4/15/2010
Click here to openPolivchak v. Polivchak Co. 91794 Partnership agreement; death of a partner; foreclosure; ultra vires; void ab initio; cognovit note; res judicata; collateral attack; partnership property. Sweeney 4/15/2010
Click here to openState v. Smith 91715 Sufficient evidence; lesser included offense; hearsay; “likely to be present”; manifest weight Dyke 4/15/2010
Click here to openState ex rel. Walker v. Griffin 94548 Mandamus; procedendo; moot. Celebrezze 4/14/2010
Click here to openState v. Orr 92005 App.R. 26(B), ineffective assistance of appellate counsel, postrelease control, third degree felony, R.C. 2967.28; R.C. 2921.331(B), and physical harm. Celebrezze 4/14/2010