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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