06/22/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
State v. Hill 104463Burglary; trespass in a habitation; R.C. 2911.12(B); R.C. 2911.12(E); privilege; R.C. 2911.21(A)(1); R.C. 2901.01(A)(12); sufficiency; manifest weight. Appellant's conviction for burglary was supported by sufficient evidence and not against the manifest weight of the evidence where testimony established that appellant, while intoxicated, forced his way into an apartment, and was found by police, naked and unconscious inside.Celebrezze 6/22/2017
State v. Thomas 104567R.C. 2913.31; R.C. 2929.18; R.C. 2947.23; Crim.R. 43(A); forgery; allied offenses; merger; court costs; apportionment; restitution; plain error; harmless error. Arguing merger of allied offenses for first time on appeal forfeits all but plain error. No plain error where merger of allied offenses is not raised or challenged before trial court. Disputing amount of restitution for first time on appeal waives all but plain error. No plain error where the record does not show restitution amount is greater than victims' loss. Trial court committed harmless error by imposing court costs outside of defendant's presence. That error is harmless because trial court retains jurisdiction over costs and defendant may seek waiver at any time pursuant to amended R.C. 2947.23(C).Stewart 6/22/2017
State v. Dennis 104742Evidence; Evid.R. 403; relevancy; Crim.R. 52(A); harmless error; jury instructions; manifest weight; ineffective assistance of counsel; merger; allied offenses; consecutive sentences. The trial court did not err: (1) by admitting the victim's hospital records because at best the error was harmless; (2) by omitting a jury instruction on gross sexual imposition when the sole evidence demonstrated a rape occurred; or (3) by imposing consecutive sentences on the offenses that were not allied. The rape and kidnapping conviction is not against the manifest weight of the evidence and trial counsel was not ineffective (1) for failing to file a motion to dismiss based on preindictment delay when the defendant is unable to demonstrate any missing or compromised evidence, or (2) for failing to seek an independent forensic expert when the defendant lacked a specialized need for such an expert.Gallagher 6/22/2017
State v. Golson 104776Juvenile; discretionary bindover; mandatory bindover; due process; cruel and unusual punishment; adult court; irrebuttable presumption; Tier II sex offender; classification; automatic; ineffective assistance of counsel; plain error; jail-time credit. Defendant was neither denied due process nor subjected to cruel and unusual punishment when he was automatically classified as a Tier II sex offender even though he was a juvenile at the time he committed the sex offense because he was bound over to the common pleas court pursuant to discretionary bindover procedures. Defendant was entitled to jail-time credit.Gallagher 6/22/2017
State v. Lindon 104902Crim.R. 16(B)/request for discovery; Crim.R. 47/requirements for submission of motions. The trial court did not err in denying appellant's motion to dismiss the case based on the state's alleged discovery violation. In his motion to suppress, appellant sufficiently met the requirements set forth in Crim.R. 47, and was therefore entitled to a hearing.Jones 6/22/2017
State v. Zimmer 104946Defendant's conviction for various sex offenses involving female children affirmed as being supported by sufficient evidence and not being against the manifest weight of the evidence.Blackmon 6/22/2017
State v. Richardson 104958Anders; withdrawal of counsel; frivolous; guilty plea; Crim.R. 11; sentencing; sentencing factors; R.C. 2929.11; R.C. 2929.12; contrary to law; high tier third-degree felony; maximum sentence; victim's age. Counsel's request to withdraw is granted where review of the trial court's proceedings revealed no error.Gallagher 6/22/2017
Cleveland v. Maxwell 104964Operation; influence; alcohol; manifest weight; suppress; traffic stop; probable cause; ineffective assistance; counsel; prejudice; field sobriety test; futile; standards; instructions; odor; psychological factors. Defendant's OVI conviction was not against the manifest weight of the evidence. Counsel was not ineffective for failing to file a motion to suppress the results of defendant's field sobriety test where the motion would have been futile.Gallagher 6/22/2017
State v. Staton 104983Consecutive sentences; costs; nunc pro tunc. Trial court did not err in imposing consecutive sentences; remanded for nunc pro tunc correction of sentencing entry to reflect that at sentencing hearing, costs were waived.Blackmon 6/22/2017
State v. Blevins 105023Consecutive sentences; R.C. 2929.14(C)(4); R.C. 2953.08; R.C. 2929.11; R.C. 2929.12; contrary to law; proportionality; maximum sentence; plea agreement. The trial court did not err by imposing consecutive sentences and appellant's sentence is not contrary to law.Celebrezze 6/22/2017
State v. Bates 105062Bond; forfeiture; release of surety; refund of bond premium; contract; R.C. 3905.932; R.C. 3905.01; R.C. 3905.14; R.C. 2937.39; R.C. 2937.40. The trial court lacked statutory authority to order a return of a portion of a bond premium when the court relieved the surety of liability under R.C. 2937.40 after the principal failed to appear as required.Celebrezze 6/22/2017
Zebrasky v. Discount Drug Mart, Inc. 105087Appeal of denial of workers' compensation claim; abatement of claim upon death; dependent; R.C. 4123.60; substitution of parties; Civ.R. 25(A)(1). Common pleas court did not err in dismissing appeal filed by workers' compensation claimant where claimant died while her appeal was pending in the court of common pleas because her claim for workers' compensation benefits abated upon her death. Because claim abated upon claimant's death, the common pleas court did not abuse its discretion in denying her motion to substitute under Civ.R. 25(A)(1) and precluding her surviving husband to continue pursuit of her appeal of her workers' compensation claim in the common pleas court.Gallagher 6/22/2017
State v. Carswell 105112Consecutive sentences; disproportionate; R.C. 2929.14(C)(4); R.C. 2953.08(G)(2). The trial court made the requisite findings under R.C. 2929.41(C)(4) in imposing consecutive sentences. The record supports the trial court's finding that consecutive sentences are not disproportionate to the seriousness of appellant's conduct. The trial court was not required to state reasons supporting its finding of disproportionality under the Ohio Supreme Court's holding in State v. Bonnell, 140 Ohio St.3d 209, 2014 Ohio 3177, 16 N.E.3d 659.Kilbane 6/22/2017
Cleveland Hts. v. Martin 105118Presentence motion to withdraw guilty plea; speedy trial rights. The trial court did not abuse its discretion by denying appellant's motion to withdraw his guilty plea because the appellant was represented by highly competent counsel; was afforded a full hearing pursuant to Crim.R. 11 before he entered the plea; was given a complete and impartial hearing on the motion after the motion to withdraw was filed; and the record reveals that the court gave full and fair consideration to the plea withdrawal request. The appellant's speedy trial rights were not violated because the appellant was given the opportunity to have a trial 87 days after he was arrested, well within the 90 days prescribed by statute.Laster Mays 6/22/2017
State v. Carabello 105021 & 105022Crim.R. 48(B); discovery; App.R. 9; Crim.R. 16; least severe sanction; without prejudice. The trial court complied with Crim.R. 48(B) by stating its reasons for dismissing the criminal case in its journal entries.Celebrezze 6/22/2017