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| Lehrner v. Safeco Insurance/American States Ins. Co., C.A. Case Nos. 21324/21325,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 23, 2007, Rendered
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Overview: The trial court erred when it found that the insurance policy covered the owners' negligent hiring, supervision, and retention of the driver. Because the injury arose out of the driver's operation of a car, and the policy denied coverage for a bodily injury arising out of the operation of an automobile, the injury was excluded from coverage.
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| State v. Allen, CASE NO. 2006-L-167,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: Defendant's more than minimum and consecutive sentences, within R.C. § 2929.14(A)'s range, imposed on remand under Foster, did not offend the ex post facto clause or due process, as Foster was not so unexpected by reference to prior law that its retroactive effect was unconstitutional, nor did it violate separation of powers or the rule of lenity.
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| State v. Bacher, APPEAL NOS. C-050730, C-050731,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 23, 2007, Date of Judgment Entry on Appeal
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Overview: As defendant's slow speed of his vehicle on a highway in the middle of the night, without more, did not support an officer's finding of a reasonable suspicion to stop defendant for operating a motor vehicle while under the influence, in violation of R.C. § 4511.19(A)(1), there was no basis for the traffic stop under U.S. Const. amend. IV.
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| State v. Brakefield, CASE NO. 2006-L-270,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: As defendant waited over one and one-half years from the time that she was convicted and sentenced until she filed her motion for leave to file a delayed appeal, which she claimed was based on her lack of knowledge that she could appeal from a guilty plea, she did not meet the requirements of App. R. 5(A); her motion was denied.
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| State v. Brakefield, CASE NO. 2006-L-269,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: As defendant waited over one and one-half years from the time that she was convicted and sentenced until she filed her motion for leave to file a delayed appeal, which she claimed was based on her lack of knowledge that she could appeal from a guilty plea, she did not meet the requirements of App. R. 5(A); her motion was denied.
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| State v. Brakefield, CASE NO. 2006-L-271,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: As defendant waited over one and one-half years from the time that she was convicted and sentenced until she filed her motion for leave to file a delayed appeal, which she claimed was based on her lack of knowledge that she could appeal from a guilty plea, she did not meet the requirements of App. R. 5(A); her motion was denied.
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| State v. Cobb, C.A. CASE NO. 21396,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 23, 2007, Rendered
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Overview: Aggravated menacing conviction under R.C. § 2903.21(A) was not against manifest weight of evidence. Even if both defendant and victim were threatening to beat each other up, nature of threats of physical harm being exchanged changed from posturing to something considerably more serious once defendant pulled out a gun and threatened to kill victim.
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| State v. Ferbrache, Court of Appeals No. WD-06-042,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, WOOD COUNTY, February 23, 2007, Decided
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Overview: A trial court clearly considered the factors under R.C. § 2929.12(B) through (E) when it made its sentencing decision for defendant, which complied with the principles and purposes of felony sentencing under R.C. § 2929.11; community control was not an option where defendant proceeded immediately to sentencing without a presentence investigation.
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| State v. French, APPEAL NO. C-050375,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 23, 2007, Date of Judgment Entry on Appeal
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Overview: Where defendant's four convictions for felonious assault arose from the same act or transaction, wherein he fired shots in rapid succession into an after-hours club, a three-year term of incarceration for only one of the firearm specifications should have been imposed under R.C. § 2929.14(D)(1)(b).
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| State v. Gabriel, C.A. CASE NO. 21343,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 23, 2007, Rendered
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Overview: Defendant's statements were voluntary under the Due Process Clause. There was no evidence that any of the dozens of interviews lasted an unreasonable length of time and all occurred during daytime hours. Also, his will was not overborne by the officers' assurances that he would not be jailed immediately on the receiving stolen property charge.
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