Opinions posted December 2, 2007

Sins of the Father

DUI defendant said he didn't understand the BMV 2225 form explaining the consequences for failing to take a Breathalyzer test. "The prosecuting attorney most certainly struck a foul blow by making reference to the fact that Mr. Grady’s father was an attorney, and by using that comment to infer a lack of credibility and truthfulness in Mr. Grady’s character", but that low blow wasn't low enough to constitute prosecutorial misconduct requiring reversal.

• State v. Grady 2007-Ohio-6411 (3-0; Trapp opinion, O'Toole concurs, Grendell concurs in judgment only); Portage County, affirmed.

No ranches on Rte. 43

Court affirms denial of developer's request for a zoning variance to build ranch homes behind the Holiday Inn on Route 43.

• Hampton House Mgt. Co. v. Brimfield Twp. Bd. of Zoning Appeals 2007-Ohio-6410 (3-0, Rice opinion, O'Toole concurs, Grendell concurs in judgment only); Portage County, affirmed

Sentencing

Consecutive sentences for aggravated robbery with firearms specification and kidnapping affirmed on "abuse of discretion" standard; dissenter would apply de novo review.

• State v. Moore 2007-Ohio-6409 (2-1; Trapp opinion, Grendell concurs, O'Toole dissents); Lake County, affirmed.

Ten year maximum sentence for involuntary manslaughter affirmed.

• State v. Sprowls 2007-Ohio-6408 (3-0; Rice opinion, Grendell and Cannon concur). Lake County, affirmed.

Additional year added to new sentence upon remand affirmed; "the trial court re-evaluated the record in resentencing appellant, specifically indicating that appellant admitted, in the PSI report, that he was “cooking meth, going from house to house. Children were present.”"

• State v. Shaffer 2007-Ohio-6404 (2-1; Trapp opinion; Grendell concurs; O'Toole dissents); Portgage County, affirmed.

Age Discrimination

Truck driver fails to prove age discrimination after being fired for being in a "major preventable accident"; younger drivers not fired were involved in less significant accidents and therefore were not comparable.

• Murphy v. Penske Logistics 2007-Ohio-6407 (3-0; Trapp opinion; Grendell and Cannon concur); Geauga County, affirmed.

Class actions

Toy bought a used car from Mazza (a toy car?) and sued for violations of the FTC's Used Car Sticker rule; court affirms denial of class action certification.

• Toy v. Mazza 2007-Ohio-6406 (3-0; Trapp opinion; O'Toole and Cannon concur); Trumbull County, affirmed.

Not too drunk to vandalize

Defendant dropped a bulldozer bucket on a police cruiser, then argues that he was too drunk to "knowingly" vandalize. "The jury could well have found that Mr. Armstrong was in control of his physical faculties and was capable of lowering the bulldozer bucket onto Deputy Bosworth’s vehicle by the mere fact that he was capable of driving and turning the bulldozer, albeit in the wrong lane of traffic, at the time the incident occurred and that he was also observed raising and lowering the bucket before striking the damaging blow."

• State v. Armstrong 2007-Ohio-6405 (3-0; Trapp opinion; O'Toole and Cannon concur); Geauga County, affirmed.

Neither rain nor shine, nor cracked sidewalks

Mail carrier fell on cracked sidewalk at Joseph Badger school district office; summary judgment for schools affirmed as the cracks were "an open and obvious hazard". Carrying mail and keys to the mail truck were not "attendant circumstances" to reduce the amount of care an ordinary person would exercise.

• Melvin v. Badger School Dist. Bd. of Edn. 2007-Ohio-6403 (3-0; O'Toole opinion, Trapp and Cannon concur); Trumbull County, affirmed.