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| Newcomb v. Hostetler Catering, Inc., Case No. 2006CA0040,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, January 29, 2007, Date of Judgment Entry
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Overview: When an employee threatened to consult counsel and was fired, summary judgment for the employer regarding a public policy wrongful discharge claim, distinguishing between a threat to consult counsel and actually consulting counsel was error because the employer's claim of a valid termination was a factual issue to be submitted to the trier of fact.
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| Saylor v. Eno, CASE NO. CA2006-07-165,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, January 29, 2007, Decided
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Overview: A trial court's award of damages to house sellers for an increased sales commission and the difference between a contract price and the fair market value of their house at the time that a sale contract was breached by purchasers was proper, but mortgage interest, real estate taxes, and insurance were not recoverable damages.
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| Snyder v. Southeastern Local Sch. Dist., Case No. 06CA2894,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ROSS COUNTY, January 29, 2007, Date Journalized
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Overview: A trial court's grant of summary judgment to a school district and the district's board of education was proper in a school bus driver's action, alleging that he was discharged in violation of Ohio law, as the district entities could not enter into multiple contracts with non-teaching employees under R.C. § 3319.081.
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| State v. Caudill, CASE NUMBER 5-06-34,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, HANCOCK COUNTY, January 29, 2007, Date of Judgment Entry
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Overview: An inmate's third post-conviction relief petition was denied as untimely under R.C. § 2953.21(A)(2) where it was filed more than six years after the statutory filing date and the inmate did not meet his burden of proof for purposes of R.C. § 2953.23; further, the claims were barred from further litigation by res judicata.
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| State v. Flanders, Case No. 06CA16,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, WASHINGTON COUNTY, January 29, 2007, Filed
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Overview: There was no error in granting defendant's motion to suppress or in determining that defendant was in custody for Miranda purposes during the officers' questioning. The three officers' actions caused defendant to reasonably believe that he would be detained at least as long as it would take the officer to search his automobile.
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| State v. King, CASE NUMBER 9-06-18,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, MARION COUNTY, January 29, 2007, Date of Judgment Entry
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Overview: There was insufficient evidence to support the conviction for obstructing official business as the State failed to demonstrate that defendant's unsworn false oral statements hampered or impeded the deputy's investigation. Also, his failure to provide the female subject's name could not have constituted an affirmative act under R.C. § 2921.31(A).
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| State v. Mansfield, C. A. No. 06CA0022-M,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, MEDINA COUNTY, January 29, 2007, Decided
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Overview: Denial of the motion to suppress was proper. The warrant limited the search to the particular circumstances of the case and all of the items identified were connected to the investigation of sexual abuse and/or contraband. Thus, the computer CD, KY jelly, and notebook of pornographic web cites were properly seized pursuant to the warrant.
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| State v. McCuller, CASE NO. CA2005-07-192,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, January 29, 2007, Decided
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Overview: Peremptory challenges to African-American jurors were not purposeful discrimination due to the State's facially race-neutral reasons, and a trial court did not improperly elaborate on why it found the reasons credible. When no Crim. R. 29 motion at the close of the evidence was in the record, a sufficiency of the evidence challenge was unpreserved.
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| State v. Rich, Case No. 2006 CA 00171,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, January 29, 2007, Date of Judgment Entry
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Overview: The trial court erred by ordering "any term" of post release control imposed by the Ohio Parole Board. Since the correct period of post-release control was three years, the proper remedy was to remand the matter for resentencing to include imposition of the correct specific period of post-release control, under R.C. § 2967.28(B)(2).
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