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| Cantrell v. Ohio State Bd. of Emergency Med. Servs., Case No. 06CA3078,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, SCIOTO COUNTY, January 5, 2007, Date Journalized
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Overview: An emergency medical technician's (EMT) admitted sexual imposition on an inmate while he was acting as her jailer involved moral turpitude, as defined in Ohio Admin. Code 4765:1-01(R), even if the conduct was consensual, because he acted as a law enforcement officer, and revoking his EMT certificate was an allowed sanction that was not reviewable.
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| Disciplinary Counsel v. Gettman, No. 2006-1938,
SUPREME COURT OF OHIO, January 5, 2007, Decided
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Overview: An attorney who was disciplined by the United States Department of Justice, Executive Office for Immigration Review with a public censure received similar discipline in Ohio, pursuant to Ohio Sup. Ct. R. Gov't Bar V(11)(F)(4) and was ordered to reimburse any amounts that had been awarded against the attorney by the Clients' Security Fund.
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| Farley v. Lairmore, C.A. CASE NO. 2005 CA 36,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, CLARK COUNTY, January 5, 2007, Rendered
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Overview: A trial court's award of custody to a father and a grant of restrictive visitation to a mother was proper pursuant to the "best interest" test of R.C. § 3109.04(f)(1), based on the mother's prescription drug dependency, alcohol abuse, DUI convictions, as well as the father's lack of any dependency and support from his extended family.
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| Gearheart v. Cooper, APPEAL NOS. C-050532, C-060170,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 5, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court's determination that deceased spouses' prenuptial agreement was invalid and unenforceable was supported by the evidence of a lack of full knowledge by the wife as to the husband's assets, based on the lack of a description or listing of the parties' properties or assets in the agreement.
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| Healy v. Ohio DOT, Case No. 2006-05110-AD,
COURT OF CLAIMS OF OHIO, January 5, 2007, Filed
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Overview: In a driver's claim against Ohio DOT to recover for damages sustained to her vehicle when a rock struck and cracked her vehicle's windshield, judgment was rendered for DOT because the driver had not shown that DOT had actual or constructive notice of the pothole, and she did not show that DOT maintained its highways negligently.
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| In re A.P., C.A. CASE NO. 2006 CA 76,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 5, 2007, Rendered
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Overview: Upon independently reviewing record of permanent custody proceeding involving a father, the court agreed with the father's appellate counsel that there were no meritorious issues presented on appeal. Trial court thoroughly considered relevant factors in denying father's motion to transport from a penal institution in order to be present at hearing.
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| In re B.J., C.A. CASE NO. 21537,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 5, 2007, Rendered
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Overview: Where a magistrate failed to adequately inform a minor of his constitutional right to counsel at a disposition hearing after he was adjudicated delinquent, there was no knowing, intelligent, and voluntary waiver of that right; accordingly, a reversal of the disposition hearing was mandated.
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| In re Bailey, Case No. V2006-20470,
COURT OF CLAIMS OF OHIO, VICTIMS OF CRIME DIVISION, January 5, 2007, Filed
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Overview: A crime victim's request for reimbursement of expenses was properly denied by the Ohio Attorney General pursuant to R.C. § 2743.60(E)(1), as the victim had engaged in felonious drug use at the time of the criminally injurious conduct; his blood had tested positive for cocaine, which he admitted using prior to the assault incident.
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| In re Wittman, Case No. V2004-60121,
COURT OF CLAIMS OF OHIO, VICTIMS OF CRIME DIVISION, January 5, 2007, Filed
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Overview: As a mother of a crime victim incurred additional tuition expense on behalf of the victim for her senior year of high school, which sums were reimbursable, a decision by the Ohio Attorney General denying the supplemental claim was reversed and the matter was remanded for economic loss calculations.
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