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State Courts -
Ohio - January 19, 2007
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Smith v. Mangan, C.A. CASE NO. 2006 CA 15,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 19, 2007, Rendered
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Overview: Trial court's reliance on R.C. § 3113.31(A)(1)(b) to support finding that husband committed domestic violence, authorizing issuance of civil protection order, was improper. Fact that wife may have been in fear of husband was not enough; instead, the wife's fear had to arise from threat of force. Wife offered no evidence that husband threatened her.
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State v. Bruce, APPEAL NO. C-060456,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 19, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court did not err in imposing a term of imprisonment on defendant, upon a remand for resentencing pursuant to Foster, that was the same term as was originally imposed, as the ex post facto clause was not applicable to retroactive judicial decisions and there was no due process violation where defendant was aware of the potential sentence.
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State v. Calori, CASE NO. 2006-P-0007,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, January 19, 2007, Decided
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Overview: A trial court's denial of defendant's suppression motion was proper, as a police officer had probable cause to initiate a traffic stop of defendant's vehicle upon observing multiple marked lane violations, in violation of R.C. § 4511.19; thereafter, the officer determined that defendant was intoxicated.
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