05/01/2008

Case Name Case No. Topics and Issues Author Decided
Click here to openState v. Hawthorne 89932 Vandalism; serious physical harm; double jeopardy; assistance of counsel; evidence outside the record. Sweeney 5/1/2008
Click here to openState v. Warner 89910 Kidnapping; aggravated burglary; rape; sufficiency; manifest weight; circumstantial Gallagher 5/1/2008
Click here to openIn re W.C. 90748 PERMANENT CUSTODY; BEST INTEREST OF CHILD; LOW IQ; MENTAL RETARDATION Cooney 5/1/2008
Click here to openState v. Caraballo 89757 Sexual predator adjudication; statutory factors; judicial fact finding; additional punishment; remedial in nature; residence restrictions; consecutive sentences. Sweeney 5/1/2008
Click here to openTalik v. Fed. Marine Terminals, Inc. 87073 Longshoremen’s and Harbor Workers’ Compensation Act, preemption, intentional tort, summary judgment, affirmative defense, waiver, subject matter jurisdiction, notice pleading, sufficient. McMonagle 5/1/2008
Click here to openState v. Harris 89911 Motion to Withdraw Plea, Abuse of Discretion, App.R. 16; Postsentence; Manifest Injustice. Kilbane 5/1/2008
Click here to openMiddleburg Hts. v. Szewczyk 89930 DISORDERLY CONDUCT; WITNESS CREDIBILITY; MANIFEST WEIGHT OF THE EVIDENCE; OBSTRUCTING OFFICIAL BUSINESS; RESISTING ARREST Cooney 5/1/2008
Click here to openState v. Gavin 90017 Writ of habeas corpus, post release control Dyke 5/1/2008
Click here to openState v. Segines 89915 Ineffective assistance, lesser offenses, murder, aggravated robbery Dyke 5/1/2008
Click here to openCurtin v. Mabin 89993 BRIEF; INCORPORATE BY REFERENCE; APP.R. 16; APP.R. 12 Cooney 5/1/2008
Click here to openState v. Dzelajlija 89912 sufficiency; aggravated robbery; kidnapping; manifest weight; credibility; allied offenses; R.C. 2941.25; chain of custody; authenticity; Evid.R. 901(A) Gallagher 5/1/2008
Click here to openState v. Ware 89945 MOTION TO SUPPRESS; MIRANDA RIGHTS; CUSTODIAL INTERROGATION; BRIEF DETENTION; TRAFFIC STOP Cooney 5/1/2008
Click here to openState v. Cintron 89874 Effective assistance of counsel; insufficient evidence; manifest weight of the evidence; kidnapping; attempted rape; allied offenses of similar import Calabrese 5/1/2008
Click here to openMiddleburg Hts. v. Brownlee 89990 Retroactivity Calabrese 5/1/2008
Click here to openRuschel v. Nestle Holdings, Inc. 89977 and 90500 merger; breach of contract; shareholder; common stock; book-entry holder; certificates; beneficial owner; surrender; without interest; delay; discovery; discretion; enforce order; trial court jurisdiction; seal Sweeney 5/1/2008
Click here to openIn re T.G. 90392 Ineffective assistance of counsel; permanent custody; best interest of the child. Calabrese 5/1/2008
Click here to openState v. Dunbar 89896 Prosecutorial misconduct; hearsay; authentication; fair trial. Stewart 5/1/2008
Click here to openState v. Evans 89242 CRIM.R. 29; FAILURE OF VICTIM TO TESTIFY; MOTION TO SUPPRESS/SUPPRESSION HEARING; WARRANTLESS SEARCH; PHOTO LINE-UP; IN-COURT IDENTIFICATION; PROTECTIVE SWEEP/SPECIFIC AND ARTICULABLE FACTS; CONSENT TO SEARCH Boyle 5/1/2008
Click here to openState v. Knuckles 89361 R.C. 2953.21(A)(2)/PETITION FOR POST-CONVICTION RELIEF; R.C. 2953.23(A)/EXCEPTION TO UNTIMELY FILED PETITION; JURISDICTION; RES JUDICATA. Boyle 5/1/2008
Click here to openState v. Henderson 89809 Sentence, ex post facto, due process, de novo, State v. Foster, State v. Mallette. Kilbane 5/1/2008
Click here to openAlexander v. Transm. by Bruce, Inc. 89908 Ohio Consumer Sales Practices Act; treble damages Calabrese 5/1/2008