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| State v. Beach, Case No. 2006CA00097,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, January 2, 2007, Date of Judgment Entry
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Overview: The evidence was sufficient to support defendant's robbery conviction, under R.C. § 2911.02(A)(2). A police detective testified that he observed defendant leaving the store with two cases of beer, without having paid for them, and then saw defendant put his hands around the victim's neck, choking her, in attempt to get her to drive away.
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| State v. Cobler, Case No. 2006CA00021,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, January 2, 2007, Date of Judgment Entry
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Overview: A trial court's denial of defendant's request for leave to change his plea to not guilty by reason of insanity under R.C. § 2943.03 and Crim. R. 11(H) was not an abuse of discretion, as the request was untimely where it was made on the date scheduled for trial; defendant could have sought to make the plea change at an earlier time.
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| State v. DeJohn, Case No. 06-CA-16,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, PERRY COUNTY, January 2, 2007, Date of Judgment Entry
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Overview: In a DUI case, requirements of Ohio Admin. Code 3701-53-05(F), on urine alcohol testing, were not substantially complied with when defendant's urine sample was not refrigerated for 17 hours from the time it was taken to the time it was sent to a laboratory, so defendant's motion to suppress results of tests of the sample should have been granted.
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| Holycross v. Holycross (In re Estate of Holycross), No. 2005-2281,
SUPREME COURT OF OHIO, January 3, 2007, Decided
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Overview: As R.C. § 1339.63 did not apply to a life insurance policy that was entered into prior to May 31, 1990, the effective date of § 1339.63, the proceeds from a decedent's policy were properly distributed to the named beneficiary, his ex-wife, and not to his surviving second wife.
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| Norris v. Richland Corr. Inst., Case No. 2004-02644,
COURT OF CLAIMS OF OHIO, January 3, 2007, Filed
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Overview: Magistrate recommended entry of judgment for correctional institution in inmate's suit alleging that corrections officer used microwave to generate noxious odor, causing him injury. Evidence showed that officer mistakenly melted plastic bowl in microwave and that odor did not result in release of noxious smoke as the smoke detector never activated.
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| Shorter v. Ohio Dep't of Rehab. & Corr., Case No. 2003-11810,
COURT OF CLAIMS OF OHIO, January 3, 2007, Filed
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| State v. Torres, No. 86530,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 3, 2007, Released
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Overview: A court of appeals declined an inmate's application to reopen his appellate judgment under App. R. 26(B), which had affirmed a trial court's conviction of him for multiple offenses, as he failed to file the application in a timely manner pursuant to Rule 26(B)(1), and he failed to show good cause for the untimely filing under Rule 26(B)(2)(b).
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| Will v. Dep't of Rehab. & Corr., Case No. 2005-06813,
COURT OF CLAIMS OF OHIO, January 3, 2007, Filed
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Overview: A magistrate recommended entry of judgment for corrections department on inmate's claim that department converted his television set when it confiscated it because television was contraband under Ohio Admin. Code 5120:9-55 as the top of television set had been sanded down, and the inmate's name and inmate number were not etched onto the television.
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