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| State ex rel. Louthan v. City of Akron, C. A. No. 23351,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 24, 2007, Decided
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Overview: When residents contested a conditional use permit granted regarding land annexed by a city, their appeal of summary judgment was moot once the city's boundaries were conformed to reflect the annexation. Under R.C. §§ 503.07 and 709.10, the city's failure to ask to conform its boundaries to the annexation did not render the annexation ineffective.
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| State v. Curry, C. A. No. 23104,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 24, 2007, Decided
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Overview: Evidence in trial on charge of engaging in pattern of corrupt activity under R.C. § 2923.32(A)(1) sufficiently showed that defendant engaged in "enterprise" as evidence showed that defendant and his friend used five of same stolen credit card numbers to obtain goods and that defendant and friend worked together on several of transactions at issue.
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| State v. Jones, C. A. No. 23316,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 24, 2007, Decided
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Overview: Maximum, consecutive sentences imposed on defendant's convictions for rape, kidnapping, and robbery were affirmed. Evidence of factors in R.C. § 2929.12 showed that defendant had targeted victim prior to raping her, that he showed no remorse, that he had multiple serious prior convictions, and that he committed offenses while on community control.
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| State v. Peyton, No. 86797,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 24, 2007, Released
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Overview: As defendant filed an application to reopen his appeal, which had resulted in a prior affirmance of his convictions but a remand for resentencing, but the application was beyond the 90-day limit and he failed to show good cause for the untimely filing, as required by App. R. 26(B)(2)(b), the application was denied.
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| State v. Ruby, C. A. No. 23219,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 24, 2007, Decided
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Overview: The trial court erred in granting defendant's Crim. R. 32.1 motion to withdraw her plea. Because the issue of disproportionate sentencing could have been raised on direct appeal, res judicata barred defendant from relying upon such a theory to withdraw her plea. Regardless, there was no fundamental flaw in the proceedings against defendant.
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| Witmer-Lewis v. Lewis, C. A. No. 23262,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, January 24, 2007, Decided
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Overview: The trial court abused its discretion in determining that the father was not entitled to a set-off for the rehabilitation expenses regarding the marital property. The house was in a complete state of disrepair. The poor condition of the home at the time that the father took possession was sufficient to constitute waste.
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| Zahn v. Nelson, Case No. 06CA29,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, HIGHLAND COUNTY, January 24, 2007, Decided
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Overview: The probate court properly granted summary judgment for the decedent's wife because, upon receipt of the executor's request for sufficient funds to satisfy the wife's $ 40,000 statutory allowance, pursuant to R.C. § 2106.13, the plain language of the inter vivos trust obligated the trustee to pay such sums to the estate.
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