05/06/2010

Case Name Case No. Topics and Issues Author Decided
Click here to openState v. Johnson 93605 Felonious assault of a peace officer; having a weapon while under disability; failure to comply with the order or signal of a police officer; consecutive sentences R.C. 2921.331(D); R.C. 2929.14(E)(3). Celebrezze 5/6/2010
Click here to openState v. Jones 93478 motion to withdraw; Crim.R. 32.1; res judicata; ineffective assistance; voluntary; death penalty; discretion Gallagher 5/6/2010
Click here to openState v. Buitrago 93380 operating a motor vehicle while intoxicated; vehicular assault; plea to multiple counts does not affect court’s duty to merge allied offenses nor bar appellate review; separate victims; Foster still applicable to consecutive sentences. McMonagle 5/6/2010
Click here to openState v. Cooper 93308 pandering; guilty plea; waive; mental state; uncharged acts; consecutive sentence; proportionality; discretion; findings; merge; allied offenses; effective assistance Gallagher 5/6/2010
Click here to openState v. Munson 93229 felonious assault; criminal gang activity; Oregon v. Ice; postrelease control; allied offenses; similarly situated; first time offenders Gallagher 5/6/2010
Click here to openState v. Dailey 93214 Motion to suppress; reasonable suspicion; Terry stop. Blackmon 5/6/2010
Click here to openState v. Seals 93198 motion to withdraw; postconviction relief; postrelease control; resentencing; res judicata; untimely; abuse of discretion Gallagher 5/6/2010
Click here to openState v. McCord 93127 motion to suppress; Terry stop; anonymous tip; reasonable and articulable suspicion Gallagher 5/6/2010
Click here to openCleveland v. Bedol 93061 Political immunity from tort liability; summary judgment; wrongful demolition; constitutional rights; due process. Sweeney 5/6/2010
Click here to openState v. Bias 93053 Plea; allied offenses; sexual battery; abduction; Adam Walsh Act; prospective application of the AWA; R.C. 2907.03; R.C. 2905.02. Celebrezze 5/6/2010
Click here to openState v. Waugh 92896 firearm specification proved by circumstantial evidence; aggravated robbery conviction supported by weight of the evidence; sentence not contrary to law; sentence not an abuse of discretion. McMonagle 5/6/2010
Click here to openState v. Ciacchi 92705 gross sexual imposition; rape shield; hearsay; prostitution; sexual activity; consent; defense; sufficiency; credibility Gallagher 5/6/2010
Click here to openState ex rel. McGrath v. Matia 94147 Mandamus; postrelease control; void sentence; resentencing; wrongful imprisonment; seal records; costs reimbursement; inmate; affidavit; R.C. 2969.25; cashier statement. Stewart 4/30/2010