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| Miller v. City of Willowick, CASE NO. 2006-L-148,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 2, 2007, Decided
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Overview: A trial court's affirmance of a decision by a city council and board of zoning appeals, denying a property owner's request for variances, was supported by a preponderance of substantial, reliable, and probative evidence under R.C. § 2506.04; the owner had other options, the variances requested were substantial, and justice was served.
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| State ex rel. Prentice v. Ramsey, No. 89061,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 2, 2007, Released
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Overview: A juvenile court judge was granted summary judgment in a prohibition action by a former guardian ad litem (GAL) who had contempt proceedings pending against her for failure to make a payment as ordered, as there was no showing that the judge patently and unambiguously lacked jurisdiction and the GAL had an adequate remedy at law through appeal.
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| State v. Booker, CASE NO. 21496,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Decided
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Overview: Defendant's motion to withdraw no contest plea was properly overruled. Defendant's contention that withdrawal should be permitted because detective was precluded from testifying due to his relationship with prosecutor was without merit; instead, transcript showed that detective's testimony was excluded because it was based on inadmissible hearsay.
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| State v. Brown, CASE NO. 2006-L-040,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 2, 2007, Decided
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Overview: The State's questioning of the mother about other crimes committed by defendant, including asking her about an assault on a police officer charge after being told three times that she could not recall other "criminal situations," deprived defendant of a fair trial. The evidence was offered to demonstrate defendant's bad character.
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| State v. Coleman, Court of Appeals No. S-06-023,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, SANDUSKY COUNTY, February 2, 2007, Decided
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Overview: Although a trial court's imposition of a concurrent term of imprisonment on defendant's conviction for failure to comply with an order or signal of a police officer, in violation of R.C. § 2921.331(B) and (C)(4), was error, an appellate court had authority under R.C. § 2953.08(G)(2)(b) to modify the sentence to reflect consecutive terms.
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| State v. Hagler, C.A. CASE NO. 2006 CA 30,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, February 2, 2007, Rendered
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Overview: A trial court properly overruled an inmate's motion for relief from judgment pursuant to Civ. R. 60(B) and Crim. R. 57(B) with respect to his guilty plea and the sentence imposed, as Civ. R. 60(B) was clearly inapplicable, and the proper procedure for review was by a direct appeal; failure to appeal constituted a waiver of the issues.
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| State v. Hamilton, C.A. CASE NO. 2006 CA 24,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, CLARK COUNTY, February 2, 2007, Rendered
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Overview: A trial court properly rejected an inmate's application for DNA testing under R.C. § 2953.72(C), as the biological material in a rape kit no longer existed, the inmate had not sought to have that evidence preserved, and there was no showing of bad faith by the State in not continuing to preserve the evidence.
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| State v. Hopings, Court of Appeals No. L-05-1145,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 2, 2007, Decided
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Overview: A trial court properly gave a jury instruction on self-defense in defendant's criminal trial due to his having fatally shot a victim, as there was testimony that the victim had threatened defendant and his family; however, there was no instruction on the duty to retreat where defendant was in the common area of a duplex.
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| State v. Johnson, C.A. CASE NO. 21359,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 2, 2007, Rendered
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Overview: Defendant's convictions for aggravated robbery and felonious assault were not against the manifest weight of the evidence, as he was identified by the victim and an eyewitness as the individual who robbed the victim at gunpoint and then shot her, and he was observed in possession of the victim's checks shortly after the criminal incident.
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