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| State v. Mullins, Court of Appeals No. L-06-1065,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, January 26, 2007, Decided
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Overview: The appeal was found to be without merit and wholly frivolous as nothing in the record suggested that trial counsel's performance was deficient. Further, defendant's no contest plea to identity fraud was knowingly, intelligently, and voluntarily entered because the trial court meticulously performed its duties in conformity with Crim. R. 11.
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| State v. Oliver, CASE NO. 2006-T-0075,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 26, 2007, Decided
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Overview: Finding that defendant was a sexual predator under R.C. § 2950.09 was not against the manifest weight of the evidence. Both psychologists found that defendant displayed a deviant sexual interest and antisocial personality traits and the trial court found that there was a pattern of abuse, extreme deviance, and the use of threats.
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| State v. Quartman, Appellate Case No. 21472,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 26, 2007, Rendered
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Overview: Given that defendant was charged with violent act involving firearm and that he was reluctant to talk to police who came to arrest him, along with fact that shot was fired from inside of house on another occasion when officers came to defendant's residence, police had sufficient grounds to conduct post-arrest protective sweep of defendant's house.
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| State v. Wahl, Court of Appeals No. L-06-1139,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, January 26, 2007, Decided
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Overview: As defendant had an extensive criminal history, the imposition of a term of imprisonment on him was proper, as it was deemed necessary to satisfy the principles and purposes of felony sentencing under R.C. § 2929.11; such a potential assignment of error, raised in defendant's counsel's Anders brief, lacked merit.
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| Swaisgood v. Puder, Court of Appeals No. E-06-033,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, ERIE COUNTY, January 26, 2007, Decided
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Overview: Affidavit of civil engineer to effect that certain utility pole was hazardously positioned in nonpaved, traveled way and evidence that there had been several crashes involving pole were sufficient to create issue as to whether company placed pole so close to road as to create risk of harm for traveling public, in violation of R.C. § 4931.03(A)(1).
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| Walker v. Walker, Appellate Case No. 06-CA-23,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 26, 2007, Rendered
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Overview: A trial court abused its discretion in failing to consider a former husband's Social Security retirement benefits as an offset against the former wife's public retirement benefits, as she did not receive Social Security retirement benefits; the offset was required for purposes of equitable distribution of the marital assets.
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| Waters v. Wolfe, CASE NO. 06 NO 336,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, NOBLE COUNTY, January 26, 2007, Decided
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Overview: Inmate's petition for a writ of habeas corpus was procedurally lacking where it was not verified and did not include an affidavit of his prior civil actions, as required by R.C. §§ 2725.04 and 2969.25(A); it lacked substantive merit, as once he was extradited to one Ohio county, another county could assert charges against him under R.C. § 2963.26.
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| Wilcox v. Paygro Co., C.A. CASE NO. 2006 CA 10,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, CLARK COUNTY, January 26, 2007, Rendered
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Overview: In employer intentional tort suit brought after palletizer machine reactivated while employee was inside of it, finding that injury to employee was substantially certain to occur was possible as alarm signaling reactivation of machine was disabled before accident, and evidence showed that employees had to often climb inside machine to clear a jam.
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