10/04/2007

Case Name Case No. Topics and Issues Author Decided
Click here to openState v. Hakim 88971 Motion to Suppress, Reasonable Suspicion, Pat-Down, Furtive, Drug Investigation, Weapon, Terry. Kilbane 10/4/2007
Click here to openFletcher v. Greater Cleveland Regional Transit Auth. 89279 Disqualification of Counsel, Hearing Dyke 10/4/2007
Click here to openBroadview Hts. v. Krueger 88998 no contest; R.C. 2937.07; explanation of circumstances Gallagher 10/4/2007
Click here to openSt. John-Boyd v. Boyd 89047 common-law marriage; divorce; mutual agreement to marry in praesenti; cohabitation as husband and wife; holding out as husband and wife; reputation as husband and wife; absence of direct evidence to prove and agreement to marry in praesenti; evidence of cohabitation and community reputation give rise to an inference of marriage. McMonagle 10/4/2007
Click here to openFeckner v. Donley's Inc. 88926 Joint Notice of Voluntary Dismissal, Civ.R. 41(A), Dismissed Without Prejudice, Motion for Judgment on the Pleadings, Workers’ Compensation, R.C. 4123.512, R.C. 2305.19, Savings Statute, Notice of Appeal. Kilbane 10/4/2007
Click here to openIn re J.Z. 88906 neglect and dependency; attorney allowed to withdraw; hearing without mother, her attorney or GAL; no notice to mother; right to effective assistance of counsel. McMonagle 10/4/2007
Click here to openHeckman v. Mayfield Country Club 88941 OPEN AND OBVIOUS; RAISED THRESHOLD; SUMMARY JUDGMENT; NEGLIGENCE; DUTY OF CARE. McMonagle 10/4/2007
Click here to openState v. Makupson 89013 Post-sentence motion to withdraw guilty plea. Sweeney 10/4/2007
Click here to openState v. Irvin 88601 Evid.R. 101(C); R.C. 2950.09(B); rape; aggravated robbery; attempted felonious assault; forgery; sexual predator classification; sexual predator hearing Calabrese 10/4/2007
Click here to openWoodmere 89026 Speedy trial; misdemeanors; jury demand Stewart 10/4/2007
Click here to openState v. Anderson 87836 Joinder; competency; cross-examination; Evid.R. 615(B)(2) Stewart 10/4/2007
Click here to openState v. Griffie 89009 Manifest weight; forfeiture; contraband Stewart 10/4/2007
Click here to openGainer v. State Farm Ins. Co. 88838 UNINSURED MOTORIST; REGULAR USE; FURNISHED; AVAILABLE; OFF-DUTY; EXCLUSION. McMonagle 10/4/2007
Click here to openState v. Blade 88703, 88704, 88705 Ex post facto; costs; indigent Stewart 10/4/2007
Click here to openState v. Harrell 89015 Contraband; incriminating character; immediately apparent; Foster; ex post facto Stewart 10/4/2007
Click here to openState v. Deering 88919, 88920 Sentence, De Novo, Contrary to Law, Consecutive. Kilbane 10/4/2007
Click here to openState v. Long 88828 Insufficient evidence; fourteenth amendment; due process; manifest weight; competent, credible evidence. Celebrezze 10/4/2007
Click here to openState ex rel. Oko v. McDonnell 90119 Mandamus; postconviction relief; findings of fact and conclusions of law; grand jury; transcript; pending motions; moot. Calabrese 10/3/2007
Click here to openState ex rel. Brady v. Russo 90419 1. Appeal is an adequate remedy at law.2. The court of appeals does not have jurisdiction to issue a declaratory judgment. 3. The writ of mandamus does not lie for an anticipatory breach of duty. Calabrese 10/2/2007
Click here to openNewell v. Gaul 90295 Mandamus; defective complaint; adequate remedy; delayed appeal. Boyle 10/2/2007