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| Apostolic Full Gospel Church of Mansfield, Inc. v. Stair, Case No. 2005CA0113,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, January 4, 2007, Date of Judgment Entry
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Overview: As the requirements of R.C. § 1702.08(A) were not met by a church's articles of incorporation because they did not address the subject of "members," the members of the church's unincorporated association did not become members of the corporate entity; rather, R.C. § 1702.14 applied, and the trustees were deemed the members.
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| Hamilton v. Dayton Corr. Inst., No. 06AP-469,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 4, 2007, Rendered
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Overview: When a former inmate's unsuccessful negligence claim against a correctional facility only said the person injuring him was the facility's employee, the inmate could not claim negligence of another person, who was the facility's employee, initially on appeal, even though it was raised at trial in a third-party defendant's claim against the facility.
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| Jennings v. Xenia Twp. Bd. of Zoning Appeals, Appellate Case No. 06-CA-08,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 4, 2007, Decided
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Overview: As a trial court's denial of a motion to intervene was appealed and during the pendency thereof, it affirmed a final judgment (FJ) by a township board of zoning appeals regarding a non-conforming use, such FJ was void for lack of jurisdiction, as it interfered with the appellate court's jurisdiction to properly review the intervention decision.
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| Jennison v. Kinstle (In re Warren), No. 06-AP-127,
SUPREME COURT OF OHIO, January 4, 2007, Decided
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Overview: Disqualification of a judge was denied pursuant to R.C. § 2701.03, as there was no showing that the judge's ownership of stock would affect his decision, it was not certain that he would be called as a material witness, and no bias was shown to support disqualification under Ohio Code Jud. Conduct Canon 3(E)(1)(c).
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| Phelps v. Office of the AG, No. 06AP-751,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 4, 2007, Rendered
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Overview: A complaint against the Ohio Attorney General and judicial officers was properly dismissed, under Civ. R. 12(B)(6), because it was indecipherable, as the factual basis for the claims asserted could not be discerned, and, to the extent it asserted claims against judicial officers, such officers, and the state, were absolutely immune.
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| State ex rel. Rutherford v. Indus. Comm'n, No. 05AP-986,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 4, 2007, Rendered
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Overview: An employee had no an adequate remedy at law under R.C. § 4123.512(A) when his receipt of TTD compensation was not in issue, so he could seek a writ of mandamus. Prior rejection of one of a report's severable medical opinions did not bar relying on others, including that the employee bending over to tie a shoe independently caused disc herniation.
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| State v. Angel, Case No. 06-CA-32,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, January 4, 2007, Date of Judgment Entry
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Overview: There was no error in reimposing the original sentence after defendant violated his community control. Defendant was placed on judicial release, implicating R.C. § 2929.20(I), which did not contain a notification requirement comparable to R.C. § 2929.19(B)(5). Rather, it provided for reimposition of the sentence reduced by judicial release.
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| State v. Frazier, No. 05AP-1323,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 4, 2007, Rendered
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Overview: Although there was sufficient evidence to support vaginal rape, rape by cunnilingus, and gross sexual imposition, as the prosecution failed to present any evidence that defendant digitally penetrated the 12-year-old victim's vagina, the evidence was insufficient to support the charges of rape by digital vaginal penetration, under R.C. § 2907.02.
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| State v. Richardson, No. 87886,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 4, 2007, Released
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Overview: Defendant's consecutive sentence was not subject to appellate review pursuant to R.C. § 2953.08(D) because the sentence was authorized by law, in that it was in the statutory ranges, and because it was jointly recommended by defendant and the State.
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