Michael Ryan Barrett

Anderson v. COUNTY OF HAMILTON

District Court, S.D. Ohio · 2011-03-14 · cited 11×

This case involves a pro se plaintiff suing Hamilton County officials, including prosecutors, a public defender, a court reporter, and a jury commissioner, along with other parties, over his 2007 arrest and trials on charges of aggravated menacing and carrying a concealed weapon. The plaintiff alleged that the defendants conspired to fabricate probable cause, maliciously prosecute him, and cover up errors to slander him, seeking millions in damages including for a lost Nobel Prize. The district court adopted the magistrate judge's report and recommendation, granting the county defendants' motion for judgment on the pleadings. It dismissed the federal claims under 42 U.S.C. § 1983 with prejudice because the plaintiff's vague and conclusory conspiracy allegations failed to show any overt acts causing injury, and it dismissed the state-law claims without prejudice for lack of supplemental jurisdiction.

criminal lawcivil rightsprocedure

Cobb v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · 2011-03-02

This case involved a state prisoner's petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2006 conviction on multiple drug offenses in Ohio state court. The petitioner argued that the trial court violated his Sixth Amendment right to counsel of his choice by denying his last-minute request to substitute privately retained counsel and continue the trial, leading to a no-contest plea and consecutive sentences; he also raised claims of ineffective assistance of appellate counsel and sentencing errors. The district court adopted the magistrate judge's report and recommendation in full, denying the petition with prejudice after finding that the state courts' rulings were neither contrary to nor an unreasonable application of clearly established federal law under precedents like United States v. Gonzalez-Lopez. The court granted a certificate of appealability on both grounds but upheld the denial based on standards for reviewing state convictions and the effect of the no-contest plea.

criminal lawprocedurecivil rights

Rosy Blue, NV v. Lane

District Court, S.D. Ohio · 2011-02-07 · cited 5×

Rosy Blue, an international diamond distributor, sued Edmond Lane and Diamond Showroom alleging breach of guaranty, civil conspiracy to defraud, intentional misrepresentation, and negligent misrepresentation after a buyer introduced by Lane failed to pay over $4 million for diamonds obtained on credit or consignment. The court dismissed the breach of guaranty claim, finding the written guaranty was limited to an initial $905,713 purchase that had been paid in full. It denied dismissal of the remaining claims, concluding they were adequately pled under Ohio law and that judicial estoppel did not bar them because the prior Florida judgment against the buyer resulted from a settlement rather than judicial acceptance of inconsistent positions.

business & regulatorytorts & liability

Jedson Engineering, Inc. v. Spirit Construction Services, Inc.

District Court, S.D. Ohio · 2010-06-18 · cited 16×

American Financial Group v. United States

District Court, S.D. Ohio · 2010-03-15

Ethicon Endo-Surgery, Inc. v. Hologic, Inc.

District Court, S.D. Ohio · 2010-01-27 · cited 5×

Affiliations

Decision record

Michael Ryan Barrett

Affiliations

Decision record