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   State Courts - Ohio - January 19, 2007

  
McLaughlin v. McLaughlin, Case No. 06CA14, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ATHENS COUNTY, January 19, 2007, Filed
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Overview: Trial court exceeded its jurisdictional powers by ruling that the reduction of the husband's spousal support obligation to 46 percent of zero "terminated" his obligation under R.C. § 3105.18 and its jurisdiction permanently. Since the trial court's jurisdiction was based upon events that might not occur, the issue was not ripe for judicial review.

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Pepper v. Bd. of Educ. of the Toledo Pub. Schs, Court of Appeals No. L-06-1199, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, January 19, 2007, Decided
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Overview: A trial court's dismissal under Civ. R. 12(B)(6) of a mother's negligence action on behalf of herself and her daughter against a school board of education, arising from the daughter's having been hit by a ball during a physical education class, was proper; the board was immune from liability under R.C. § 2744.01(F).

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Queen City Lodge No. 69 v. State Empl. Rels. Bd., APPEAL NO. C-060530, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 19, 2007, Date of Judgment Entry on Appeal
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Overview: As a trial court order that denied a city's motion to intervene under Civ. R. 24(A)(2) in an administrative appeal by a union from a decision of the State Employment Relations Board was not a final appealable order under R.C. § 2505.02 without the necessary language of Civ. R. 54(B), the city's appeal therefrom was dismissed.

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Shirley v. Kruse, C.A. CASE NO. 2006-CA-12, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 19, 2007, Rendered
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Overview: The $ 3,000 award was not excessive for the damage caused to the owner's property. The owner was entitled to the reasonable cost of restoring his cabinets to the condition that they were in prior to the damage caused by the neighbor's plumber. The award was supported by the owner's evidence.

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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. Brown, C.A. CASE NO. 21546, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 19, 2007, Rendered
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Overview: Trial court erred in granting defendant's motion to dismiss when the evidence was neither exculpatory nor potentially exculpatory. It was not required to determine whether the crack cocaine was destroyed in bad faith as it was not potentially exculpatory. The laboratory report was prima facie evidence of the offense alleged, R.C. § 2925.51(A).

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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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State v. Dalton, C.A. CASE NO. 2006 CA 17, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 19, 2007, Rendered
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State v. Duffy, Court of Appeals No. OT-06-014, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, OTTAWA COUNTY, January 19, 2007, Decided
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Overview: A police officer's observance of defendant's vehicle committing a marked lane violation supplied probable cause for a traffic stop, the smell of alcohol and defendant's admission that she had consumed beer provided a basis for a further detention, and poor field sobriety test results provided probable cause for her arrest.

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