Discrimination Cases

The Defendant, Joan Odell, appeals from her felony conviction for failure to appear, which resulted in a sentence of two years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support her conviction and challenges the jury instructions. She also contends that the State engaged in purposeful discrimination in striking a prospective juror in violation of Batson v. Kentucky, 476 U.S. 79 (1986). We conclude that the evidence is sufficient to support the conviction and that there was no reversible error in the instructions. However, the trial court failed to comply with the procedure set forth in Batson by denying the Defendant's Batson claim based upon the Defendant's race, and we remand for a hearing on the issue.

The plaintiff sought to recover damages from the defendant in connection with the alleged wrongful termination of her employment by the defen- dant, alleging claims for wrongful discharge in violation of an implied contract, negligent infliction of emotional distress, and a violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.). After the trial court granted the defendant's motion to strike all three counts, the plaintiff filed a substitute complaint, recasting the first count as one sounding in racial discrimination in her discharge from employ- ment. Thereafter, the plaintiff filed an amended substitute complaint, amending the allegations in the second and third counts. The defendant filed another motion to strike all three counts, and a motion to dismiss the first count. The trial court granted the motion to strike and rendered a judgment of dismissal as to the entire complaint, from which the plaintiff appealed to this court, which affirmed the dismissal of count one but reversed the judgment of dismissal as to counts two and three because the defendant did not seek a dismissal of those counts. On remand, the plaintiff filed another substitute complaint setting forth four counts, which alleged claims for wrongful discharge in breach of an implied employment contract, defamation, negligent infliction of emotional distress, and a violation of CUTPA. After the trial court granted the defendant's motion to strike each count, the plaintiff filed another substitute complaint incorporating counts one, two, and four from her previously stricken complaint and repleading count three. The trial court, again, granted the defendant's motion to strike the complaint and also granted a motion for judgment filed by the defendant. From the judgment rendered thereon, the plaintiff appealed to this court, claiming that the trial court improperly struck each count of her operative complaint. Held: 1. The trial court properly struck the first count of the

summary judgment – R.C. 4112.02(I) – retaliation – but-for cause – ineffective assistance of counsel in civil case