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| Porter v. City of Green, C. A. No. 23379,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 7, 2007, Decided
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Overview: When a homeowner sought a variance from Green, Ohio, Codified Ordinance § 1296.02(h)(1)(B), limiting fence heights to six feet, because she wanted to have a six foot fence on top of a three foot landscaping mound, she did not have to obtain a variance because the ordinance unambiguously did not include the mound, when measuring the fence's height.
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| Preferred Capital, Inc. v. Power Eng'g Group, Inc., No. 2005-2134,
SUPREME COURT OF OHIO, February 7, 2007, Decided
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Overview: A floating forum-selection clause was not enforceable against lessees because, when the lease was signed, the lessor did not disclose that it intended to almost immediately assign its interest to a company in a foreign jurisdiction, and there was no showing that the lessees knowingly waived personal jurisdiction and agreed to litigate in any forum.
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| Smeltzer v. Binsley, C. A. No. 23092,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 7, 2007, Decided
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Overview: Equal apportionment of the $ 128,000 in damages that a passenger sustained in three-vehicle accident among three drivers was improper under the law in effect at the time. The passenger was entitled to recover the full amount of these damages from any of drivers. Thus, drivers should have been held jointly and severally liable for the entire amount.
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| Smith v. Smith, C. A. No. 23278,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 7, 2007, Decided
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Overview: On appeal of a trial court's order vacating a qualified domestic relations order and holding a wife was not entitled to her former husband's retirement plan benefits, res judicata barred her claim to such benefits because she could have raised this on appeal from a divorce decree in which she was not awarded part of these benefits, but she did not.
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| State ex rel. Boccuzzi v. Cuyahoga County Bd. of Comm'rs, No. 2006-1038,
SUPREME COURT OF OHIO, February 7, 2007, Decided
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Overview: When, in a joint construction project, the successful bidder bid more for the sanitary-sewer part of the project than another bidder, R.C. §§ 307.90 and 153.61 did not impose a legal duty on county commissioners to separately award the sanitary-sewer part of the project, so property owners were not entitled to a writ of mandamus compelling this.
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| State v. Brooks, C. A. No. 23236,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 7, 2007, Decided
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Overview: A statement that something just landed on a roof was an admissible excited utterance, under Evid. R. 803(2). Circumstantial evidence that defendant threw something, and that a gun was found in the area towards which he threw it, as well as his admissions, showed his weapon possession convictions were not against the manifest weight of the evidence.
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| State v. Foxx, Case No. 06CA16 & 06CA17,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, HIGHLAND COUNTY, February 7, 2007, Released
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Overview: Since any rational trier of fact could have found the essential elements of the crime of permitting his cattle to run at large, proven beyond a reasonable doubt, defendant was strictly liable for the criminal violation of R.C. § 951.02. There were no other cattle owners in the area and defendant conceded that his fence was in disrepair.
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| State v. Geary, CASE NO. 06-CO-8,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, COLUMBIANA COUNTY, February 7, 2007, Decided
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Overview: Competent, credible evidence supported defendant's classification as a sexual predator, pursuant to the factors in R.C. § 2950.09(B)(3), which included his relationship with the victim (he was her stepfather), the victim's age (between four and six), and the fact that he abused her five to 10 times, which showed a pattern of abuse.
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| State v. Hahn, Case No. 05 CA 17,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, PERRY COUNTY, February 7, 2007, Date of Judgment Entry
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Overview: Defendant's wife knowingly and voluntarily gave her consent under U.S. Const. amend. IV to search home. While defendant contended that wife was intoxicated at time and could not properly give consent, State's evidence that wife was coherent and could maintain her balance showed that her will was not overborne by the level of alcohol in her system.
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| State v. Haught, C. A. No. 23265,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 7, 2007, Decided
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Overview: A trial court had no authority to amend the conditions of defendant's probation during the pendency of defendant's appeal. Defendant's notice of appeal divested the trial court of any jurisdiction to proceed with the modification of defendant's probation during the pendency of the appeal. Thus, the trial court's order was void and was vacated.
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