Monday, February 11, 2008

Decisions February 11, 2008

Ten new decisions today; details to follow.
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Tuesday, January 22, 2008

Slow start to the New Year

The Eleventh's slow start to 2008 continues, with only one case released today after the MLK holiday. In Sason v. Shepherd, 2008-Ohio-173 the Lake County probate court denied a motion to strike a complaint, adding the Civ. R.P. 54(B) magic "no just reason for delay" language, In a 3-0 decision by O'Toole (Rice & Cannon agreeing) the court held it wasn't magic for appellants, since denial of a motion to dismiss a complaint is not a final appealable order.
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Monday, January 14, 2008

The difference between a year and 18 months? Untimeliness.

Only one opinion released by noon today, State v. Rogers. Rogers filed the appeal of his conviction nearly 18 months late, contending "1) he was not informed by the trial court of his right to appeal; 2) his trial counsel failed to bring it to the attention of the trial court; and 3) trial counsel failed to inform him of his appellate rights." Apparently the jailhouse lawyers were a little slow in telling Rogers about appeals. The court held these "reasons might explain a lapse of one year or less in initiating his appeal, [but] do not justify a one and one-half year delay". It is a little hard to see what the difference is between an appeal that is 12 months late and one that is 18 months late.

Click here to openState v. Rogers

2008-Ohio-96






 1/14/2008 2008-Ohio-96
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Tuesday, January 1, 2008

New Year's Eve decisions

Decisions posted December 31, 2007:

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Christmas Eve decisions

Decisions posted December 17, 2007:
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Monday, December 17, 2007

Opinions posted December 17, 2007

A whopping 22 oinions posted today:

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Monday, December 10, 2007

Opinions posted December 10, 2007

  • Bluhm v. Corrado 2007-Ohio-6566 (3-0, Trapp opinion, Rice & Cannon concur, Ashtabula County, affirmed) (inmate files untimely appeal of denial of visitation)
  • Minno v. Pro-Fab 2007-Ohio-6565 (2-1, Trapp opinion, Rice concur, Grendell dissent), Trumbull County, reversed and remanded. Discussion of piercing corporate veil, and what dissent calls unprecedented "Triangular piercing". Stick a fork in it, it's done.
  • Beres v. G.S. Building Co., Inc. 2007-Ohio-6564 ($844 Willoughby municipal cout judgment affirmed)
  • Faith v. Scuba 2007-Ohio-6563 (revival of judgment), Defendant says court erred in saying he was serving a sixteen year sentence when he was in fact serving a nineteen year sentence.
  • State v. Kidd 2007-Ohio-6562 (2-1, Trapp opinion, Grendell concurs, O'Toole dissents)
  • State v. Miliner 2007-Ohio-6561 (3-0, Trapp opinion) affirms conviction of burglary of laundry: Defendant "was found in the basement of the building with his hat filled with $17 in quarters. The washing machine was tipped on its side with the coin dispenser broken. All elements of the offense were proven."
  • Smith v. Kaleal 2007-Ohio-6560 (3-0 Trapp opinion enforcing settlement of workers comp case).
  • State v. Meeks 2007-Ohio-6559, (3-0 Trapp opinion affirming conviction for "Grand Theft Auto")
  • State v. Sloan 2007-Ohio-6558 (3-0 Cannon opinion affirming commitment of defendant)
  • State v. Wilson 2007-Ohio-6557 (3-0 Trapp opinion affirming conviction for possession of cocaine).

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