Reported Cases

FEDERAL COURTS OF APPEALS

Canterbury Liquors & Pantry v. Sullivan., 999 F.Supp. 144 (D. Mass. 1998), aff’d Sea Shore Corporation v. Sullivan, 158 F.3d 51 (1st Cir. 1998) (Liquor retailers sued, in their official capacities, members of Massachusetts Alcoholic Beverages Control Commission, seeking determination that state laws requiring liquor wholesalers to post and adhere to monthly liquor price lists violated Sherman Act.)

Springfield Terminal Railway Company v. Canadian Pacific Limited, 133 F.3d 103 (1st Cir. 1997) (American railroad brought civil antitrust action against Canadian railroad under Sherman Act, alleging that Canadian railroad attempted to monopolize rail transportation to and from northern New England.)

FEDERAL DISTRICT COURTS

Marshall v. Ohio Univ., U.S.D.C., S. Dist. Ohio Case No.: 2:15-cv-775, 2015 U.S. Dist. LEXIS 31272 (March 13, 2015) (Student accused of sexual harassment challenged Ohio University sexual misconduct policy alleging a violation of his First Amendment right to free speech, a violation of his civil rights under 42 U.S.C. § 1983, and violations under Title IX of the Education Amendments of 1972.)

Peloe v. Univ. of Cincinnati, U.S.D.C., S. Dist. Ohio , Case No. 1:14-cv-404, 2015 U.S. Dist. LEXIS 19776 (February 19, 2015) (student accused of sexual assault challenged University of Cincinnati disciplinary proceedings alleging violations of Due Process rights, a violation of his civil rights under 42 U.S.C. § 1983, and violations under Title IX of the Education Amendments of 1972.)

Bear v. Del. County, U.S.D,.C, S. Dist. Ohio Case No. 2:14-cv-43, 2014 U.S. Dist. LEXIS 166997 (December 2, 2014) (Ohio State Highway Patrol Trooper accused of civil rights violations in connection with death of motorists following a traffic stop.)

Boyette v. Galvin, 311 F. Supp. 2d 237 (D. Mass. 2004) (amicus curiae; free speech challenge to exclusions preventing a petition from being placed on the ballot)

Metlife Capital Corporation v. Westchester Fire Insurance Co., 224 F.Supp.2d 374 (D. Mass. 2002) (Tugboat owner sued its excess liability insurer for breach of insurance contract, seeking indemnification and recovery of legal costs incurred in third party litigation arising out of an accident in which barge being towed by tugboat broke loose and struck a reef, resulting in an oil spill.)

Hewlett-Packard Company v. Boston Scientific Corporation, 77 F.Supp.2d 189 (D. Mass. 1999) (Manufacturer of intravascular ultrasound catheters and their accompanying consoles sued competitor for monopolization and attemptedmonopolization.)

Travelers Casualty & Surety Company v. Boston Gas Company, 76 F.Supp.2d 59 (D. Mass. 1999) (Following filing of state-court action by insured gas and electric utilities against diverse and nondiverse liability insurers, seeking coverage for environmental liabilities, diverse insurer sought declaratory judgment of no coverage for same liabilities.)

STATE SUPREME COURTS

State v. Carswell, 114 Ohio St.3d 210, 871 N.E.2d 547 (2007) (Unmarried defendant moved to dismiss domestic violence charge on ground that domestic violence violated defense of marriage amendment to state constitution.) ]]

In re D.S., 111 Ohio St.3d 361, 856 N.E.2d 921 (2006) (Juvenile was adjudicated delinquent for committing rape and gross sexual imposition. Court considered whether a polygraph can be considered to be a reasonable probationary condition for a juvenile.)

State v. Eash, 110 Ohio St. 3d 1235, 850 N.E.2d 1212 (2006) (amicus curiae; search warrant for child pornography matter; dismissed)

Murphy v. Department of Correction, 429 Mass. 736, 711 N.E.2d 149 (1999) (Inmate in state prison who claimed that he was not statutorily required to submit DNA sample for inclusion in state DNA database. Claims included whether taking of blood sample from convicted person for use in DNA database burdened a fundamental right.)

STATE COURTS OF APPEALS

State v. Simon, 2015-Ohio-970 (defendant challenged aggravated arson and attempted aggravated murder convictions, including constitutionality of mandaover bindover statute in juvenile court).

State v. Fisher, 2015-Ohio-572 (imposition of consecutive sentences for two counts of rape improper when court failed to make required at sentencing hearing and did not incorporate findings in sentencing entry).

Barrow v. Vill. of New Miami, 2014-Ohio-5743 (review of class certification in challenge to automated speed enforcement program).

State v. Swift, 2014-Ohio-2004 (challenge to sufficiency of search warrant affidavit for marijuana cultivation based on trash pull and electricity usage).

State v. Zumwalde, 2014-Ohio-1285 (conviction for domestic violence improper because defendant’s prior attempted assault conviction that was relied on in the indictment did not identify the victim as a family or household member).

State v. Stamper, 2013-Ohio-5669 (maximum sentence for sex offense was proper because trial court properly considered the principles and purposes of sentencing and balanced the seriousness and recidivism).

State v. Nixon, 2012-Ohio-1292 (Defendant challenged admissibility of hearsay evidence in domestic violence prosecution).

State v. Barton, 2008 WL 2331366 and 2007 WL 731409 (Defendant challenged the conviction on various grounds, including whether trial counsel had been ineffective for neglecting to address fact that one of State’s principal witness’s testimony may have been influenced by investigative hypnosis. Witness had testified that his half-brother had told him that defendant, a Springboro Police lieutenant, had solicited him to stage a robbery at defendant’s home to scare defendant’s wife into moving into the city so defendant would be eligible for the position of chief of police).

State v. Fernbach, 2008 WL 4766831 (Defendant appealed a decision of the trial court resentencing him after his sentence was reversed and the case remanded forresentencing Defendant broke his girlfriend’s jaw while their child was present.).

State v. Stacy, 2007 WL 4376222 (Defendant appealed his conviction for felony murder of nine month old infant.).

State v. Kraus, 2007 WL 3348426 (Defendant appealed his conviction for felonious assault and domestic violence. Victim had signed a statement alleging that defendant had committed the offenses with which he had been charged, but recanted those statements at trial.).

State v. Sprinkle, 2007 WL 2757592 (Defendant appealed conviction for interference with custody.). In the Matter of P.N.M., 2007 WL 2758708 (Father and Mother appealed the judgment of the Juvenile Division which granted permanent custody of their child to Children Services.).

State v. Lochtefeld, 2007 WL 1806036 (habeas petition by inmate facing extradition to California).

State v. Rivers, 2007 WL 1461301 (defendant serving prison term of ten and one-half years on charges of attempted murder and grand theft of a motor vehicle challenged the constitutionality of his sentence).

State v. Glossip, 2007 WL 1248276 (ability in domestic violence case with recanting victim to call witness as “court witness”).

State v. Tyson, 2007 WL 53811 (defendant appealed conviction for escape).

State v. Heath, 2006 WL 3833920 (appeal of decision of the trial overruling his post-sentence motion to withdraw guilty plea without holding an evidentiary hearing).

State v. Crutchfield, 2006 WL 3575492 (conviction for complicity to improperly discharging a firearm at or into an habitation where victim had found a .223 caliber bullet in the casement of a window in his house; bullet had gone through the roof and a wall before hitting the window).

State v. Rice, 2006 WL 3003954 (appeal of aggravated vehicular homicide resulting from driving under the influence; defendant alleged that trial court’s decision to impose a prison sentence greater than the minimum violated his Sixth Amendment right to a jury trial).

State v. Fernbach, 2006 WL 2535735 (appeal of non-minimum, consecutive prison terms for multiple felony convictions for felonious assault, intimidation of a witness and violation of a protective order).

State v. Thomas, 2004 WL 1918937 and 2006 WL 2106171 (Defendant was convicted of driving while under the influence after he was observed by a civilian driving into a parking lot. Trial court had originally suppressed evidence and state won appeal.).

State v. Kruse, 2006 WL 1381699 (Petition for postconviction relief by defendant convicted of illegally manufacturing drugs and escape.).

State v. Bach, 2006 WL 279072 (request for intervention in lieu of conviction denied on the grounds that granting intervention would demean the seriousness of the offense).

State v. Young, 2005 WL 3097660 (challenge to search of property by probation officer that led to his convictions for illegal possession of chemicals for the manufacture of drugs, illegal manufacture of drugs, and aggravated possession of drugs).

State v. Young, 2005 WL 2840876 (defendant ordered to repay costs of his court-appointed counsel).

State v. Burns, 2005 WL 2416820 (Defendant appealed decision denying presentence motion to withdraw her guilty plea. Court also considered whether probate court’s determination that defendant was incompetent under guardianship statute established that defendant was incompetent to stand trial on criminal charges.).

State v. Wiseman, 2005 WL 1502148 (Defendant appealed conviction for felonious assault.).

State v. Lynch, 2005 WL 406192 (Defendant appealed conviction for possession of cocaine, possession of drug paraphernalia, and illegal conveyance of drugs onto grounds of detention facility.).

State v. Hughes, 2003 WL 21497235 (Convicted sex offender appealed decision of the finding that offender violated conditions of his community control and re-imposing prison sentence following Alford plea.).