02/02/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
Rojas v. Concrete Designs, Inc. 103418 & 103420Appellate court lacked jurisdiction to hear appeal when a remaining claim asserted in a complaint was not addressed at trial and left unresolved.Stewart 2/2/2017
Cannavino v. Rock Ohio Caesars Cleveland, L.L.C. 103566Summary judgment; statutory immunity; R.C. 2744.03(A)(6); exceptions to immunity; genuine issue of material fact; Section 1983 claim; private entity. The trial court properly denied police officer's motion for summary judgment on the state law claims, recognizing that a genuine issue of material fact precluded the application of statutory immunity under R.C. 2744.03(A)(6). The timing, location, and circumstances surrounding (1) plaintiff's detention, (2) his handcuffing, and (3) the issuance of the citation raise a genuine issue of material of fact as to whether defendant-police officer was acting in bad faith or outside the scope of his employment. The trial court erroneously denied police officer and defendant-private entity's motion for summary judgment on the federal claims asserted under Section 1983; plaintiff failed to carry his burden in the proceedings below to demonstrate that a constitutional right was violated or that the right was clearly established. Plaintiff also failed to establish that the actions of defendant- private entity are attributable to the state to impose liability under Section 1983.Boyle 2/2/2017
State v. Jordan 103890Sufficient evidence; manifest weight of the evidence; jury waiver; allied offenses. There is sufficient evidence to convict the appellant of rape, kidnapping, and sexual battery. The state met its burden of persuasion at trial, and the jury did not lose its way in convicting the appellant. R.C. 2945.05 does not apply when the appellant requests to have the court hear the evidence on a specification. In this case, rape and kidnapping are not allied offenses because they caused separate, identifiable harm; they were committed separately; and they were committed with separate animus and motivation.Laster Mays 2/2/2017
Carbone v. Nueva Constr. Group, L.L.C. 103942 & 104147Requests for admission; Civ.R. 36; manifest weight; findings of fact; Civ.R. 52; breach of contract; unjust enrichment; frivolous conduct; R.C. 2323.51. The trier of fact's verdict against the plaintiff upon claims for breach of contract and unjust enrichment are not against the manifest weight of the evidence because the sole witness's credibility could have been resolved against the plaintiff. Defendants failed to demonstrate the frivolity of claims advanced in the complaint by submitting documentary evidence after trial concluded.Gallagher 2/2/2017
State v. Barnes 104045Sufficient evidence; manifest weight of the evidence; properly authenticated evidence; correcting the sentencing journal entry. The evidence was sufficient to convict the appellant of attempted murder, felonious assault, and having a weapon while under disability. The evidence was credible and the convictions were not against the manifest weight of evidence. The photo array evidence was properly authenticated, and counsel was not ineffective for not objecting to the admission of the photo evidence. The state concedes that the sentencing journal entries were incorrect in imposing costs on the appellant because the appellant was found indigent and the court did not impose costs.Laster Mays 2/2/2017
Cleveland Town Ctr., L.L.C. v. Fin. Exchange Co. of Ohio, Inc. 104162Summary Judgment; Burden; Waive; Attorney Fees; Expert Witness Fee. Trial court properly granted summary judgment on defendant's counterclaim for declaratory judgment because the plaintiff did not meet its reciprocal burden of producing evidence in response to the defendant's motion for summary judgment; thus, there were no genuine issues of material fact that the defendant was entitled to terminate the lease agreement with plaintiff; trial court did not abuse its discretion in not awarding defendant prehearing attorney fees and expert witness fees.Keough 2/2/2017
State v. Jones 104349 Manifest weight of the evidence, credibility, inconsistent statements, allied offense. Defendant's convictions were not against the manifest weight of the evidence when during a bench trial, the court was in the best position to assess the credibility of the witnesses and resolve any inconsistencies in the testimony. The minor inconsistencies in the victim's testimony did not overshadow the direct and forensic evidence and the reasonable inferences made therefrom. Trial court improperly imposed individual sentences on offenses that the court later found were allied.Keough 2/2/2017
State v. Floyd 104376Jury Waiver; Sufficiency and Manifest Weight of Evidence; Circumstantial Evidence; Juvenile Offenses; R.C. 2923.13(A)(2). Where defendant signed a jury waiver in open court in the presence of his counsel and upon the court's questioning, informed the court that he wished to waive a jury trial, the trial court's colloquy was sufficient to establish that the defendant knowingly and voluntarily waived his right to a jury trial; defendant's convictions were supported by sufficient evidence and were not against the manifest weight of the evidence where all four victims gave similar descriptions of the defendant, and when he was apprehended, he was driving a vehicle stolen from one of the victims and items stolen from an earlier victim were found in the glove compartment of the vehicle; where the defendant stipulated to his juvenile offenses that would establish a disability under R.C. 2923.13(A)(2), the trial court erred in allowing testimony regarding the defendant's juvenile offenses and the admission of the juvenile court's journal entries regarding those offenses.Keough 2/2/2017
State v. Slaughter 104391Community control sanctions; prison term; consecutively; void. The imposition of community control sanctions to be served consecutive to a prison term was contrary to law, requiring the community control sanctions and the subsequently imposed prison sentence for a community control violation to be declared void and vacated.Gallagher 2/2/2017
Samuel v. Progressive Cas. Ins. Co. 104472Workers' compensation; R.C. 4123.512 de novo scope of review; failure to object to absence of exhibits to notice of hearing and deposition transcripts constitutes waiver. A trial court's scope of review on appeal from a workers' compensation determination pursuant to R.C. 4123.512 is, unlike traditional administrative appeals, de novo, and is based solely on the evidence placed before the trial court by the parties. The claimant bears the burden of proving entitlement to workers' compensation fund participation. The failure to object at the trial court to the absence of deposition and administrative hearing exhibits upon receipt of a notice of filing thereof constitutes a waiver of the argument, and appellant did not proffer the exhibits.Laster Mays 2/2/2017
State v. Landrum 104511Rape; kidnapping; tape recordings; allied offenses. When defendant did not raise the issue of whether rape and kidnapping were allied offenses at trial, the error is forfeited subject only to review for plain error. Appellate court declines to find plain error to order a new trial because the court ordered concurrent service of the rape and kidnapping counts.Stewart 2/2/2017
Cleveland v. Jackson 104531Conceded error; wrongful entrustment; insufficient evidence. Judgment is reversed. The City did not prove that the defendant knew or had reason to know that the driver of her vehicle did not have a valid driver's license. The matter is remanded to the trial court with instructions to vacate Jackson's conviction.Kilbane 2/2/2017
Billings v. Cuyahoga Cty. Prosecutors Office 104538Application for relief from weapons disability; R.C. 2923.14; application denied; affirmed. Appellant failed to demonstrate that the trial court abused its discretion in denying his application for relief from weapons disability.Kilbane 2/2/2017
State v. Smith 104855Postrelease control, consequences, presume regularity. Defendant was properly notified at sentencing of the consequences for violating postrelease control. Because no sentencing transcript was provided to this court, we presume that the sentencing court properly notified defendant at sentencing of the possible consequences for violating postrelease control. Additionally, the trial court properly included those consequences in the sentencing journal entry.Keough 2/2/2017
Skindell v. Madigan 103976Appeal Nos. 103942 and 104147 - Ross P. Carbone v. Nueva Construction Group L.L.C. Requests for admission; Civ.R. 36; manifest weight; findings of fact; Civ.R. 52; breach of contract; unjust enrichment; frivolous conduct; R.C. 2323.51. The trier of fact's verdict against the plaintiff upon claims for breach of contract and unjust enrichment are not against the manifest weight of the evidence because the sole witness's credibility could have been resolved against the plaintiff. Defendants failed to demonstrate the frivolity of claims advanced in the complaint by submitting documentary evidence after trial concluded.Gallagher 2/2/2017
State ex rel. Johnson v. Cuyahoga Cty. Court of Common Pleas 104891Writ of mandamus, writ of prohibition. Juvenile court bindover. Relator's petition for writ of prohibition/mandamus is denied because the clerk's delay in docketing the juvenile court's bindover order did not deprive the general division of the common pleas court of subject matter jurisdiction to convict defendant of felony charges and relator had an adequate remedy at law to raise his challenges through direct appeal. Mandamus is not available to correct sentencing errors that could be raised on direct appeal.Gallagher 1/27/2017