Case Update - Appellate Edition
One other decision last week from the Ohio Supreme Court that I skipped over yesterday: in State v. Malone, the court holds that a conviction for intimidating a witness under RC 2921.04(B) requires that criminal proceedings have already been insitituted. That's not required for conviction for intimidating a victim.
On to the courts of appeals...
Criminal. 6th District holds that defendant not entitled to jail-time credit where he was also being held for parole violation... 8th District rejects claim of "carbon copy" indictments in child rape case, says child's testimony as to each incident was sufficiently distinct... Just an excitable boy: Witness' testimony that victim told her that neighbor told her that defendant broke into victim's house comes in, 6th District deciding that both statements were "excitable utterances"... Defendant convicted of felony murder, "harm" robbery, "threat" robbery, and felonious assault, 5th District says that robbery counts defective under Colon, but conviction for felony murder can still stand because felonious assault count not defective, could have served as basis for murder verdict... 9th District reverses dismissal of case, holds that defendant failed to show that he was selectively prosecuted... 12th District holds that where trial court overrules motion to suppress, defendant need not object to evidence at trial to preserve error... Disparity in felony levels between crack cocaine and powder do not make those statutes unconstitutional, 5th District holds...
Civil. 6th District affirms trial court's grant of summary judgment that partial claim of property by eminent domain did not entitle tenant to void lease... 8th District says that plaintiff's "self-serving affidavit" as to emotional injuries insufficient to overcome summary judgment for intentional infliction of emotional distress, testimony of expert or lay witnesses acquainted with plaintiff necessary... 9th District upholds award against sole shareholder of corporation in Consumer Sales Practices suit, says jury followed instruction that damages could be awarded only if shareholder engaged in deceptive act... 3rd District says that court could award attorney fees to grandmother for mother's interference with visitation, since grandmother's motion was post-decree motion arising out of divorce case... 5th District says that plaintiff's UMI claim against insurer was in contract, not tort, plaintiff entitled to prejudgment interest without showing insurer's lack of good faith in settlement negotiations...
It's a small, small world. In State v. Semenchuck, the 8th District rejects the claim that the trial court should have dismissed a juror for cause because the juror's son was an assistant prosecuting attorney. The defense argument was complicated by the fact that another juror disclosed that he had worked with the defense attorney's son for the past ten years.
Another "-gate"? Joan Hall and Lisa Hall were found guilty of involvement in a complex retail fraud scheme spanning 15 years and 29 states, and involving alleged thefts of over a million dollars. In her appeal, Lisa claims that she was prejudiced by "mid-trial publication of reports that her codefendants had stolen food from the Justice Center cafeteria during a lunch break." The court rejects that assignment, the discussion of it carrying the heading "Cafeteria-gate."
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