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| In re J. T. C., Appellate Case No. 06-CA-34,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MIAMI COUNTY, February 2, 2007, Rendered
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Overview: A juvenile court failed to substantially comply with Juv. R. 29(D) where it did not address a juvenile personally to determine that he understood the nature of the allegations surrounding charges of delinquency arising from gross sexual imposition; accordingly, the denial of the juvenile's motion to set aside his admissions was reversed.
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| In re Smith, Case No. V2006-20852,
COURT OF CLAIMS OF OHIO, VICTIMS OF CRIME DIVISION, February 2, 2007, Filed
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| In re Terrence-Jamieson S., Court of Appeals No. L-06-1094,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 2, 2007, Decided
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Overview: In a termination of parental rights proceeding, no evidence showed a mother's counsel was ineffective, and clear and convincing evidence supported a finding that the mother did not remedy conditions that caused her child to be placed outside her home, under R.C. § 2151.414(E)(1), and that she was chronically mentally ill and chemically dependent.
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| Joiner v. Simon, APPEAL NO. C-050718,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 2, 2007, Date of Judgment Entry on Appeal
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Overview: As R.C. § 2317.54 did not infringe upon a plaintiff's right to a jury trial pursuant to Ohio Const. art. I, § 5, it was constitutional; it was properly applied in a medical malpractice action alleging lack of informed consent, and a treating cardiologist properly testified as to his discussion with the patient prior to her having signed the form.
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| Joyce v. Godale, CASE NO. 2006-G-2692,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, GEAUGA COUNTY, February 2, 2007, Decided
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Overview: As an affidavit submitted by an assistant county prosecutor pursuant to Civ. R. 56(E) relied on documents that were not sworn or certified for purposes of a claim that a property owner was a vexatious litigator, the affidavit was insufficient; there was accordingly no basis to support the vexatious litigator determination under R.C. § 2323.52.
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| Lewis v. Ritondaro Funeral Home, Inc., CASE NO. 2006-G-2693,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, GEAUGA COUNTY, February 2, 2007, Decided
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Overview: The trial court erred because it gave insufficient consideration to the fact that the indoor/outdoor carpeting changed the contour, appearance, and navigability of the steps upon which the victim fell. Thus, summary judgment should not have been entered on the question of whether the condition of the steps was open and obvious.
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| Lopez v. Gansheimer, CASE NO. 2006-A-0014,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, ASHTABULA COUNTY, February 2, 2007, Decided
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Overview: Inmate's habeas corpus action was dismissed. Inmate's claims that his guilty plea was not made knowingly and that trial court did not properly inform him of his sentence constituted only procedural errors and did not affect trial court's jurisdiction over criminal proceeding. Inmate could contest propriety of his guilty plea through other avenues.
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| Manifold v. Gaydos, Court of Appeals No. OT-06-021,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, OTTAWA COUNTY, February 2, 2007, Decided
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Overview: A trial court properly held that property owners who had an interest in a park area and roadway in their residential development as easement holders could apply for submerged land leases pursuant to R.C. § 1506.11, as that application process was not limited to just titleholders of record.
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| Mendiola v. Mendiola, CASE NO. 2006-P-0038,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, February 2, 2007, Decided
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Overview: The trial court erred when it found that the child was issue of the marriage as it switched the burden of proof to the father to show that the adoption was invalid and it required expert testimony to resolve the adoption issue. As a matter of law, it could have decided whether to recognize the Guatemalan adoption decree pursuant to R.C. § 3701.18.
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