Ohio, February, 2003, State Case law

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State Courts - Ohio - February 4, 2003

Spurlock v. Douglas, Case No. 02CA19, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, LAWRENCE COUNTY, February 4, 2003, Date Journalized
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Overview: In a trespass action where neighbors cut timber believing that they were harvesting trees on their own property, the trial court properly denied treble damages absent a showing of recklessness since the neighbors relied on a property survey.

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State Auto Mut. Ins. Co. v. Bd. of Trs. Foe Aerie 2232, Case Nos. 01CA728 and 01CA729, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ADAMS COUNTY, February 4, 2003, Filed
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Overview: There was ample competent and credible evidence supporting the trial court's granting of declaratory judgment to the insurer excusing it from indemnifying defendant union, as the insurer had notice of a claim, but no notice of a lawsuit.

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State v. Brunett, Case No. 01CA2642, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ROSS COUNTY, February 4, 2003, Filed
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Overview: Necessary findings were made to support imposition of consecutive sentences, where defendant was convicted of aggravated vehicular assault. In imposing sentences, trial court discussed defendant's lengthy criminal record and victims' severe injuries.

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State v. Chavis, Nos. 01AP-1456, 01AP-1466, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 4, 2003, Rendered
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Overview: Although the testimony relating to gang membership was not relevant as there was other evidence showing the close bond between defendant and his friends, the admission of the testimony did not adversely affect defendant's right to a fair trial.

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State v. Grimsley, No. 02AP-502, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 4, 2003, Rendered
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Overview: By witnessing the commission of a specific traffic offense, a trooper had probable cause to stop defendant even if defendant's swerving over the right edge line was the consequence of a flat tire.

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State v. Hellman, Case No. 01CA726, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ADAMS COUNTY, February 4, 2003, Filed
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Overview: Defendant's designation as a sexual predator was supported by the evidence. He had sexual intercourse on multiple occasions with his mentally retarded stepdaughter by threatening to expel her from the only home she had ever known.

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State v. Kinstle, Case No. 02 COA 36, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, ASHLAND COUNTY, February 4, 2003, Date of Judgment Entry
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Overview: Trial court properly denied suppression motion, where the totality of the circumstances proved that a consent to search defendant's residence granted by his fiancee was voluntarily given, and not a result of a hot pursuit.

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State v. Lewis, Case No. 02CA734, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ADAMS COUNTY, February 4, 2003, Filed
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Overview: As the State failed to provide a transcript of the suppression hearing, the appellate court had to presume that the matters were considered and correctly resolved by the trial court when it granted defendant's motion to suppress the evidence.

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State v. Umphries, Case No. 02CA2662, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ROSS COUNTY, February 4, 2003, Filed
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Overview: The motion for acquittal was properly denied as the State presented sufficient evidence that defendant robbed the convenience store with a deadly weapon, described as a knife or a screwdriver, for the aggravated robbery conviction.

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Vega v. Vega, Case No. 2002AP060048, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, TUSCARAWAS COUNTY, February 4, 2003, Date of Judgment Entry
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Overview: Relief from judgment was properly denied where, although wife was mistaken concerning value of certain assets, nothing prevented her from seeking information regarding the assets, and nothing suggested that husband actively concealed information.

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