Attorney Eric Allen Marks's Legal Cases

Administrative law

Ruslan, Inc. v. Toledo-Lucas Cty. Health Dept., 6th Dist. No. L-13-1144, 2014-Ohio-3853

Sep 05, 2014

OUTCOME: Reversed and Remanded

Ruslan Inc. appealed the administrative order issued by the Toledo-Lucas County Health District regarding an outdoor patio. That decision was appealed to the Lucas County Common Pleas Court, and a hea ... ring was requested to supplement the incomplete record. The lower court affirmed the health district's order without granting a hearing, or taking additional testimony. In a 3-0 decision, the appellate court remanded the matter with an instruction to hold the hearing required by statute. See full decision below: http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2014/2014-Ohio-3853.pdf

Divorce and separation

Newcomer v. Newcomer, 6th Dist. No. L-13-1183, 2013-Ohio-5627

Dec 20, 2013

OUTCOME: Reversed in part for misallocation of marital property

Successfully defended against a multi-faceted cross appeal while securing a reversal due to a $13,400.00 misallocation of marital property. See full decision below: http://www.supremecourt.ohio.g ... ov/rod/docs/pdf/6/2013/2013-Ohio-5626.pdf

Criminal defense

State v. Daniels, 6th Dist. No. L-11-1306, 2013-Ohio-1081

Mar 22, 2013

OUTCOME: Suppression of the Evidence was affirmed

The trial court granted our motion to suppress based on a lack of reasonable suspicion of criminal activity, and the detective's failure to investigate or corroborate the reliability of an informant. ... The State filed an appeal and we defended Mr. Daniels against the State's continued efforts to secure a conviction and retain Mr. Daniel's vehicle and personal property. See full opinion below: http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2013/2013-Ohio-1081.pdf

DUI and DWI

Whitehouse v. Stricklin, 6th Dist. No. L-10-1277, 2012-Ohio-1877

Apr 27, 2012

OUTCOME: Reversed, DUI dismissed and pled to headlight violation

Lower court's denial of a motion to suppress evidence obtained through field sobriety tests was reversed, holding that officer lacked reasonable suspicion to administer the field sobriety tests or inve ... stigate further when only a slight oder of alcohol is detected, and the basis for the stop was a non-moving violation that does not indicate impairment. See full decision below: http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-Ohio-1877.pdf

Divorce and separation

Birr v. Birr, 6th Dist. No. F-10-021, 2012-Ohio-187

Jan 20, 2012

OUTCOME: Reversed in part for an abuse of discretion in the division of property.

The parties entered into a separation agreement in 2008, but continued to live together and commingle assets. Appellant withdrew $62,000 from his retirement account and paid off the outstanding balanc ... e due on the marital home, which was awarded to Appellee in the separation agreement. The Court of Appeals reversed in part, finding that the trial court failed to award Appellant a credit for the $62,000 that was clearly separate property. The matter was remanded in part to determine whether that credit should be offset by any other obligations, and whether Appellant was entitled to any credit for his claims of unjust enrichment that the trial court neglected to mention in its decision. See full decision below: http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-Ohio-187.pdf

Eric Allen Marks's Legal Cases (5)

Ruslan, Inc. v. Toledo-Lucas Cty. Health Dept., 6th Dist. No. L-13-1144, 2014-Ohio-3853

Newcomer v. Newcomer, 6th Dist. No. L-13-1183, 2013-Ohio-5627

State v. Daniels, 6th Dist. No. L-11-1306, 2013-Ohio-1081

Whitehouse v. Stricklin, 6th Dist. No. L-10-1277, 2012-Ohio-1877

Birr v. Birr, 6th Dist. No. F-10-021, 2012-Ohio-187