England v. 116 W. Main, L.L.C.
Citations
- 223 N.E.3d 606
- 2023 Ohio 3086
Syllabus
The status order appealed from is a final, appealable order under R.C. 2505.04(B)(4) to the extent that it is a preliminary injunction requiring the owner of the Tavern Building in downtown Troy \to take whatever steps necessary to shore-up the exterior brick wall on the north side of the third floor of the Tavern Building.\ The preliminary injunction alters the status quo and the Tavern Building's owner may not recover the potentially significant expense of complying with the injunction if it later is determined to be improvidently granted. The status order is not final to the extent that it enjoins the immediate demolition of the Tavern Building and announces the trial court's intention to appoint an expert witness to evaluate the condition of the Tavern Building at the parties' expense. This court's July 5, 2023, and July 24, 2023, show cause orders are satisfied.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a claim for ineffective assistance of trial counsel is cognizable on habeas review where the petitioner alleged that his trial counsel failed to raise a meritorious argument to exclude evidence seized in an unconstitutional search
- explaining that Fourth and Sixth Amendment claims are “distinct, both in nature and in the requisite elements of proof”
- rejecting argument that counsel’s errors were strategic choices because they were based on ignorance of the law
- citingiMain v. Moulten, 474 U.S. 444, 446(1940); Chronic, 466 U.S. at 653
- The reasonableness of counsel's performance is to be evaluated from counsel's perspective at the time of the alleged error.
- “The Sixth Amendment mandates that the State bear the risk of constitutionally deficient assistance of counsel.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.