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| Barnick v. Barnick, No. 87997,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: A father's guardian could evict the father's son from the father's home so it could be sold to make the father, in a nursing home, eligible for Medicaid, and the father's alleged consent to the son staying in the house was not enough, under Medicaid regulations, to bar its sale. The son only occupied it without color of title, under R.C. § 1923.02.
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| Bencivenni v. Dietz, No. 88269,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: When home buyers sued a home inspector, it was error for the trial court to grant the inspector's motion to stay the matter pending arbitration, under R.C. § 2711.02, without holding an evidentiary hearing because the buyers contested the enforceability and validity of the arbitration agreement by claiming that its terms were unconscionable.
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| In re Estate of Collins, No. 87978,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: A trial court properly appointed an independent third party to be the guardian of an incompetent ward, after notifying those to whom notice was required, under R.C. § 2111.04, because of family hostility between those who sought to be appointed, and the ward's wife was not denied due process when a separate hearing was not held on her application.
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| State v. Anderson, No. 87994,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Defendant was a sexual predator, under R.C. § 2950.09(B)(3) because (1) his victim was 12, (2) he had been convicted of sex offenses regarding a 13 year-old girl, (3) he had authority over the victim, (4) he had antisocial disorder, (5) his crimes were part of a course of conduct, (6) he blamed his victim, and (7) he had a high re-offending risk.
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| State v. Boddie, No. 87538,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: The trial court erred in granting the application for expungement without first holding a hearing. Pursuant to R.C. § 2953.32(B), the requirement of a hearing was mandatory. However, there was nothing whatsoever in the record to support the State's contention that defendant was not a "first offender" and thus not eligible for an expungement.
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| State v. Cook, No. 87265,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Victim's statement to her daughter were non-testimonial as she was not making the statement with the belief it would be used in a later trial. Admission of the testimony as an excited utterance under Evid. R. 803(2) was not unreasonable, as the victim was still very upset and was not able to separate herself from where the abuse occurred.
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| State v. Gresham, No. 88013,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Co-defendants' affidavits recanting trial testimony that defendant had a gun at the crime scene did not require a new trial under Crim. R. 33(A) after his convictions of involuntary manslaughter, felonious assault, and related crimes, because victims said he was at the scene, so his convictions were not only based on the co-defendants' testimony.
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| State v. Hall, No. 87992,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: Trial court's third attempt at sentencing defendant was reversed, and the case was remanded for resentencing. Sentence was imposed before Ohio Supreme Court reversed appellate court's judgment, which required trial court to make requisite findings before imposing consecutive sentences, and remanded matter for resentencing based on State v. Foster.
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| State v. Kinser, Case No. 06-CA-18,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, FAIRFIELD COUNTY, February 15, 2007, Date of Judgment Entry
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Overview: Trial court considered factors in R.C. § 2950.09(B) and properly adjudicated defendant a sexual predator. While defendant had not been convicted of prior sexually oriented offenses, he had engaged in sexual conduct with his own child, he showed graphic materials to child, and he was in position of authority and used it for his own sexual pleasure.
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| State v. Manus, No. 87991,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 15, 2007, Released
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Overview: In accepting defendant's guilty plea to gross sexual imposition and abduction, a trial court followed Crim. R. 11(C), but his sentence was void, and a claim that applying Foster to him violated due process was not ripe. Counsel was not ineffective for strategically stipulating to a sexual predator classification, as the trial court held a hearing.
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