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| State v. Richardson, CASE NUMBER 13-06-21,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, SENECA COUNTY, January 16, 2007, Date of Judgment Entry
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Overview: Even if officer's pursuit of defendant constituted show of authority enjoining defendant to halt, defendant did not submit to officer's authority, so he was not actually seized until officer secured him in custody. Thus, the gun abandoned by defendant before seizure was not fruit of seizure and was not illegally seized under U.S. Const. amend. IV..
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| State v. Stone, CASE NO. CA2005-08-026,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, FAYETTE COUNTY, January 16, 2007, Decided
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Overview: When defendant's plea bargain included a suspended sentence if he was admitted into treatment, but he did not contact the probation department to be evaluated, he was not deprived of counsel's effective assistance, under Ohio Const. art. I, § 10, when he was sentenced to prison because it was his responsibility to contact the probation department.
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| State v. Watson, CASE NO. CA2005-12-038,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, MADISON COUNTY, January 16, 2007, Decided
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Overview: Defendant, charged with assault on a peace officer, under R.C. § 2903.13(C)(3), was not entitled to instructions on mistake-of-fact or that he recklessly disregarded whether his victim was a peace officer as the State did not have to prove he knew his victim was a peace officer or that he was reckless as to his victim's identity as a peace officer.
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| State v. Wilhite, CASE NUMBER 14-06-16,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, UNION COUNTY, January 16, 2007, Date of Judgment Entry
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Overview: Prior notice of the sentence that would be imposed upon defendant's community control violation was not required because community control was imposed upon judicial release, under R.C. § 2929.20, and res judicata barred his collateral attack on his original sentence for allied offenses of similar import on appeal of a judicial release revocation.
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| Verizon North, Inc. v. Dir. Ohio Dep't of Job and Family Servs., CASE NUMBER 9-06-22,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, MARION COUNTY, January 16, 2007, Date of Judgment Entry
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Overview: The Ohio Unemployment Compensation Review Commission's finding that participants in an employer's voluntary separation program were eligible for unemployment compensation under R.C. § 4141.29(D)(2)(a)(ii), because their separation was due to a lack of work, was not against the manifest weight of evidence as the Commission heard supporting evidence.
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