<<< THIS IS AN ADVERTISEMENT>>>
|
|||
|
|||
|
||||||||||||||||||
| Major Appellate-Level Cases | ||||||||||||||||||
|
||||||||||||||||||
|
Paul Croushore, JD, LLM, Croushlaw@fuse.net
Appellate Advocate - Counsel, Co-Counsel, or Brief-Writer Appellant Direct Appeal Reversals: State Administrative Appeals: 1-1 = 50%
Other Appeals:
Total criminal: 13-11 = 54.1% Total appellant: 24-23 = 51% _______________________________________________________________________________________ Federal Civil: 2-2 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ Federal Criminal: 5-4 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ State Civil: 9-10 (Click on a link for case description - Click on the case name below for the court's opinion) _______________________________________________________________________________________ State Criminal: 8-7 (Click on a link for case description - Click on the case name below for the court's opinion) _______________________________________________________________________________________ Interlocutory Orders: 4-2 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ Post Conviction: 0-3 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ US Sup. Ct. Petitions: 0-1 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ Settled Pending Appeal: 2 (Click on a link for case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ State Administrative Appeals: 1-1 (Click on a link for a case description - Click on the case name below for the court's opinion)
_______________________________________________________________________________________ Cases: 67.) - Pending - US v Taylor 09-5549 (6th Cir. 2009): whether a sentencing enhancement based upon a gun was supported by a note which did not expressly intimate a threat of gun violence. 66.) - Pending - US v Bryant 09-5527 (6th Cir. 2009): whether a stun gun is a dangerous weapon pursuant to USSG 2D1.1(b)(1) 65.) - Affirmed - US v. Grisel, 2009 Fed App. 0613N: pending reconsideration and Sup Ct review - disqualification of lead counsel as unindicted co-conspirator during trial does not require a new trial; use of pre-arrest silence as substantive evidence of guilt approved; changing theories throughout the litigation is mere variance rather than construative amendment of indictment. 64.) - Reversed - Mansour v. Croushore (2009 Ohio 2627): Trial court erred in dismissing vexatious litigator claim against accountant where reasonable minds could differ as to whether the accountant is vexatious. 63.) - Reversed - Zineddin v. McDermott (Aug. 15, 2008), unreported No. 04-73617: contesting payment of outstanding medical charges due to a work related injury. 62.) - Granted - US v. Grisel (Feb. 7, 2008), 6th Cir. No. 07-1524: appellants' motion to hold briefing in abeyance granted 61.) - Reversed - Cundall v. U.S. Bank, 2007-Ohio-7067 (1st District 12/28/2007) for Nick Ward: Fiduciaries have the burden of proving the “perfect fairness and honesty” of a transaction that was entered into during the fiduciary relationship. Whether the fiduciary has demonstrated the fairness of a transaction is a question of fact for a jury.
60.) - Affirmed - Willow Creek Homeowners’ Association v. Gammarino (unreported), 2007-Ohio-____ (1st District 12/5/2007). Trial court not shown to have abused its discretion in adopting magistrate’s report where it was not provided a transcript. 59.) - Affirmed - Gammarino v. Charles Smith (unreported), 2007-Ohio-4073. Rent abatement of one-half is appropriate sanction for landlord who violates trial court's order to repair, and ownership must yet be determined. 58.) - Granted - US v. Grisel (July 19, 2007), unreported (6th Circuit), : appeal is not for delay and raises a substantial question of law or fact likely to result in a reversal; trial court order denying bond reversed. 57.) - Reversed - US v. DeWitt (2005), unreported (6th Circuit), 2005 US App. LEXIS 17828: trial court's reliance upon facts not admitted by defendant in plea agreement but proven by preponderance of evidence requires re-sentencing under Booker v. Washington; U.S. waived claim of non-appealability by failing to raise in its initial brief. 56.) - Reversed - Providian v. Woods (May 13, 2005), unreported (Kentucky CA 2003-CA-000094-MR): trial court erred in relieving debtor of liability as sanction for creditor's failure to appear for noticed hearing. 55.) - Reversed - Roe v. Heap (May 11, 2004), unreported (10th Dist) for Boyd Binning: trial court erred in granting summary judgment in favor of defamation defendant who publicly made false statements about plaintiff. 54.) - Affirmed - Baker v. Providian (Dec 19, 2003), unreported (Kentucky CA 2002-CA-002355-MR): customer's claims against bank in defense of defaulted loan agreement held meritless; trial court decision affirmed. 53.) - Affirmed - US v. Nance (2002), unreported (6th Circuit), 2002 US App. LEXIS 23219: federal sentencing guidelines not misapplied by trial court. 52.) - Affirmed - Warren v. Ohio Dept Public Safety (Oct 31, 2001), unreported (6th Cir.): summary judgment against Title VII plaintiff affirmed for other reasons. 51.) - Affirmed - Marshall v. Tax Commissioner (Aug. 10, 2001) unreported No. 98-P-923: notice of appeal from a final determination of the Tax Commissioner. Mr. Marshall asserts that he is not responsible for sales tax for the period of January 1, 1993 through March 22, 1993.
50.) - Reversed - Edwards v. Grant Anesthesia Associates (Dec 29, 2000), unreported (10th) for Boyd Binning & Lewis Williams: trial court admission of evidence containing prejudicial hearsay error requiring retrial. 49.) - Affirmed - Mansour v. Vulcan (June 19, 2000), unreported CA99-09-150 (12th Dist): waterproofing company not required to conform to consumer sales practices act RC 1345.21 by having a warehouse and despite lack of a showroom open to the public. 48.) - Reversed - Ohio v. Coach (May 5, 2000), unreported 00-LW-1817 (1st Dist): Defendant must be present at sentencing; changing judgment entries without Defendant present violates due process. 47.) - Affirmed - Furlong v. Shaffer (Dec 14, 1999), unreported (10th): court sale deed relates back to time of auction. 46.) - Affirmed - Ekman v. Commissioner, 184 F.3d 522 (6th Cir. Jun 4, 1999): Taxpayer who prevails at trial as to 90% of assessed deficiencies is not entitled to attorney fees because Commissioner's position not shown to be "unreasonable"; experimentation property must be depreciated rather than deducted, thus IRS position that the property must be capitalized is somehow not unreasonable. 45.) - Reversed - INF v. Donnellon (May 21, 1999), 133 Ohio App.3d 787 (1st Dist): trial court erred in holding that receiver is personally immune from suit for improper actions taken during the receivership. 44.) - Reversed - BodyPower v. Mansour (August 14, 1998), unreported C9700796 (1st Dist): order that plaintiffs pay receiver fee is res judicata and not subject to revision to punish the defendant for prior appeals. 43.) - Affirmed - Wood v. Health Care (July 30, 1998), unreported 98-LW-3509 (10th) w/Boyd Binning: summary judgment to defendant proper based on open and obvious condition causing injury to business invitee. 42.) - Granted - Mandamus In re Bowman (Dec 9, 1997) unreported 6th Cir. No. 97-3893: Petition for mandamus to require trial judge to recuse self granted; new trial judge ordered. 41.) - Affirmed - Leitshuh v. Allen (September 12, 1997), unreported 16392 (2d Dist. Ohio): complaint in violation of statutory rules could properly be amended at trial over defendant's objection
40.) - Reversed - US v. Landerman, 109 F.3d 1053 (5th Cir. Mar 31, 1997): violation of right to cross-examine prosecution witness as to pending state felony charges requires reversal. 39.) - Affirmed - Ohio v. McGraw (March 21, 1997), unreported 96-CA-1411 (2d Dist Ohio): guilty plea renders erroneous denial of motion to dismiss due to speedy trial violation immune from appeal. 38.) - Reversed - Ohio v. Beatley (March 21, 1997), unreported 8-96-20 (3d Dist. Ohio): Trial court erred in accepting a guilty plea without engaging in the discussion with the Defendant required by Civ.R. 11. 37.) - Affirmed - US v. Bowman II (October 3, 1996), unreported 96-3845 (6th Cir. 1996): Defendant not entitled to release pending appeal. 36.) - Affirmed - Mansour v. Acciani (July 31, 1996), unreported C9500911 (1st Dist Ohio): trial court did not err in granting motion for summary judgment and failing to impose sanctions for discovery violations. 35.) - Reversed - Dials v. Powers (July 2, 1996), unreported 96-LW-3447 (5th) w/Boyd Binning: trial court erred in vacating default judgment without evidentiary hearing 34.) - Affirmed - US v. Simms (6th Cir. May 16, 1996), unreported, No. 95-4322, 1996 US App. LEXIS 16860: no reversible error by trial court. 33.) - Affirmed - Alt v. Community Cable (March 28, 1996), unreported 1-95-64 (3d Dist. Ohio): Award of attorney fees to prevailing plaintiff was not an abuse of discretion. 32.) - Affirmed - US v. Mahaffey (9th Cir. Jan 25, 1996), unreported, No. 95-30123: defense counsel not ineffective for permitting trial court to persuade them to call their primary witness by telephone to speed up the trial. 31.) - Affirmed - US v. Bowman, unreported 1996 US App LEXIS 26272 (6th Circuit, July 29, 1996): Defendant not entitled to stay trial pending appellate review of pretrial issues.
30.) - Granted - US v. Simms, unreported 1996 US App LEXIS 1426 (6th Circuit, Jan 4, 1996): Defendant entitled to release pending appeal. 29.) - Affirmed - Price v. Will (Mar 30, 1995), unreported 95-LW-2633 (10th) w/Dean Talaganis: Trial correct finding of multiple contracts was not reversible error. 28.) - Reversed - Jackson v. Constantine, unreported, No. 94-4236 (6th Circuit, Dec 21, 1995): DEA Administrator's misunderstanding of Ohio law required remand to permit reconsideration. 27.) - Affirmed - US v. Parillo II, unreported, 1995 US App. LEXIS 16133 (6th Circuit, Jun. 27, 1995): Trial counsel not proven to be ineffective despite errors. 26.) - Affirmed - Ohio v. Hill (Jun 16, 1995), unreported, 95-LW-1746 (11th): Death penalty defendant not denied due process under any of 18 theories, including claim of right to conduct DNA test not available at trial. 25.) - Affirmed - Nelson v. City of Whitehall (March 9, 1995), unreported No. 94APE09-1305 (10th) w/Bernie Yavitch: Failing to withdraw a warrant after a defendant appears voluntarily, resulting in a subsequent arrest, does not amount to harassment. 24.) - Affirmed - Ohio v. Boyer (Dec 27, 1994), unreported, 94-LW-0607 (10th) w/Bernie Yavitch: Speedy trial after mistrial need not comply with speedy trial statute. 23.) - Affirmed - Ohio v. Morgan (Dec 14, 1994), 71 Ohio St.3d 178 for Max Kravitz & Bill Holt: Allegation of violation of 18 USC 1955 (conspiracy to gamble) is not a proper predicate offense under Ohio RICO statute. 22.) - Affirmed - Ohio v. Brewster (Mar 16, 1994), unreported 93 CA 503 (4th): Ineffective assistance of trial counsel not proven to arise to plain error in murder conviction. 21.) - Denied - US v. Parillo, unreported, 1994 US App. LEXIS 413 (6th Circuit, Jan 7, 1994): Trial court's sentence calculation on re-sentencing held not unreasonable.
20.) - Affirmed - Ohio v. Barnett II (Dec 29, 1993), 68 Ohio St.3d 115: Involuntary manslaughter charge cannot properly be based upon unscheduled traffic minor misdemeanor. 19.) - Reversed - Jack Schmidt Olds v. Commonwealth Capital (Sept 30, 1993), unreported, 93-LW-5703 (10th Dist): trial court erred in finding that defendant's agent signed in a personal rather than representative capacity. 18.) - Affirmed - Ohio v. Francis (Sept 3, 1993), unreported, 93-LW-2546 (5th Dist): trial counsel not shown to have been ineffective under test of Strickland v. Washington 17.) - Reversed - Watson v. Cedardale Homes (August 20, 1993), unreported, No. 92-CAE-11040 (5th): Defective default judgment motion that did not include a certificate of service voids the subsequent default judgment. 16.) - Reversed - Ohio v. Barnett I (April 29, 1993), unreported, 93-LW-0851 (3d): Involuntary manslaughter charge cannot properly be based upon unscheduled traffic minor misdemeanor. 15.) - Reversed - US v. Garland, 991 F.2d 328 (6th Cir. Apr 19, 1993) w/Ramsey Clark & Max Kravitz: Evidence developed after trial demonstrated actual innocence and constituted "newly discovered evidence" per FRCrimP 33. 14.) - Reversed - Ohio v. Morgan (April 17, 1993), unreported 93-LW-1896 (5th) w/Max Kravitz: Pattern of corrupt activity under Ohio statute must include conduct punishable as felony under Ohio, not federal, law. 13.) - Affirmed - Ohio v. Draughn II (March 29, 1993), unreported 93-LW-1001 (5th): On retrial after reversal, trial counsel waived any claim of error by acquiescing in trial court's procedures. 12.) - Reversed - In re Mozelle Olson (Mar 11, 1993), unreported, N.D. Ohio Toledo: Bankruptcy court sanctions against debtor reversed-responsibility was that of debtor's counsel, not debtor. 11.) - Reversed& - Ohio v. Ellis (Jan 15, 1993), unreported, 93-LW-0151 (6th): Clear error in jury instruction in felonious assault case where trial judge mispronounced "physiological" as "psychological", despite lack of objection.
10.) - Reversed - US v. Salisbury, 983 F.2d 1369 (6th Cir. Jan 15, 1993) with Max Kravitz: 42 U.S.C. 1973i(e) void for vagueness as applied to Republican committee-woman who pressured voters into voting for R candidates. 9.) - Affirmed - Ohio v. Gamboa, (Dec. 28, 1992), unreported, 92-Ohio App. LEXIS 6680 (5th): breaks in chain of custody of evidence excused in rural Ohio. 8.) - Affirmed - Ohio v. Fry (Dec. 11, 1992), unreported, 92-LW-5557 (11th): denial of post-conviction motion to vacate guilty plea based on ineffective assistance of counsel without hearing was not reversible error. 7.) - Reversed - US v. Parillo I, unreported, 92-US App. LEXIS 18515 (6th Cir. July 28, 1992): Sentencing calculation in fraud case should reflect only the difference in value and not included a vulnerable victim enhancement. 6.) - Affirmed - Ohio v. Merchant (June 30, 1992), unreported, 92-LW-2615 (10th) for Sanders & Friedman: Trial court repaired flawed analogy as to culpable mental state of recklessness by reference to correct definition. 5.) - Reversed - Ohio v. Draughn (June 24, 1992), unreported, 92-LW-3511 (10th) w/Ken Murray: Appellant's irrational conduct during trial should have put trial court on notice that appellant had again lapsed into incompetence. 4.) - Reversed - Ohio v. Roberts (June 12, 1992), unreported No. 13-91-44 (3d Dist Ohio) w/Ken Murray 3.) - Affirmed - Wilson v. AEP (April 21, 1992), unreported 92-LW-2712 (10th) for Mike Moses: Although trial court held to have incorrectly applied definition of malice in defamation action, that error did not require reversal. 2.) - Reversed - Ohio v. Xie (July 31, 1990), unreported, 90-LW-2492 (10th Dist. Ohio) for Max Kravitz: Trial court abused discretion in refusing to allow withdrawal of guilty plea to murder charge where trial counsel gave ineffective advice as to parole eligibility. 1.) - Reversed - Ohio v. Rowe (1990), 68 Ohio App.3d 595 for John F. Jackson Murder conviction improperly based upon polygraph examination results of co-defendant.
|