07/13/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
State v. Cotton 102581Sufficiency; ineffective assistance of counsel. There was not sufficient evidence to sustain an aggravated burglary conviction. Appellant's appellate counsel was ineffective for not raising the issue in appellant's first appeal.Jones 7/13/2017
State v. Jennings 104625Manifest weight of the evidence, consecutive sentences, repeat violent offender specification. The appellant's conviction for felonious assault was not contrary to the weight of the evidence. The trial court did not lose its way or create such a manifest miscarriage of justice that the conviction should be reversed. However, the trial court did fail to state their finding on the record to justify sentencing the appellant to consecutive sentences on the repeat violent offender specification.Laster Mays 7/13/2017
Owners Mgt. Co. v. Harris 104804Foreclosure, association fees, Civ.R 13. Trial court's decision to award unpaid condominium association fees was not against the manifest weight of the evidence where plaintiff pursued the fees in a subsequent civil case rather than within the underlying foreclosure case. The action for unpaid fees did not accrue until midway through the pendency of the foreclosure action and was not a compulsory cross-claim.Gallagher 7/13/2017
In re B.C.H. 104893Abuse of discretion; Civ.R. 26/discovery; child support; Civ.R. 37/motion to compel. The trial court abused its discretion where cross-appellant filed three separate motions for discovery and received that discovery only one day before trial and the trial court did not grant cross-appellant a continuance and instead initially excluded evidence of child care expenses but later let testimony and evidence about chid care expenses into evidence.Jones 7/13/2017
Bratenahl v. Osredkar 104916Crim.R. 16; discovery violation; destruction of evidence; due process; least restrictive sanction. The trial court erred by dismissing OVI cases as a sanction for failing to produce evidence the state certified did not exist because dismissal was not the least restrictive sanction and in circumstances where the state withholds or destroys evidence, the trial court must conduct a due process analysis.Gallagher 7/13/2017
Demore v. Cuyahoga Cty. 104940Civ.R. 49, general verdict, special verdict, jury interrogatories. The trial court erred in entering judgment for appellee based solely on the jury interrogatories, without obtaining a general verdict as mandated by Civ.R. 49. The trial court's action constituted a special verdict specifically proscribed by Civ.R. 49(C).Laster Mays 7/13/2017
Marshall v. Elliott 104959Summary judgment; attorney fees; breach of contract; conversion; civil conspiracy; fraud. Trial court erred in granting summary judgment in favor of defendants when genuine issues of material fact existed regarding the circumstances of an attorney fee disbursement.Gallagher 7/13/2017
Ohio Bell Tel. Co. v. Cleveland 104974Civ.R. 56/summary judgment. Evidence in the record created a genuine issue of material fact as to whether appellant's actions were negligent, reckless, or wanton causing damage to appellee's property.Jones 7/13/2017
Cleveland v. Clay 104985Judicial bias, disqualification, manifest weight of the evidence. The appellant has not demonstrated that the judge was biased or partial towards him during his trial proceedings. The appellant's conviction was not against the manifest weight of the evidence because the trial court did not lose its way or create such a manifest miscarriage of justice that the conviction should be reversed.Laster Mays 7/13/2017
Wilmington Trust, Natl. Assn. v. Boydston 105009Summary judgment; foreclosure; affidavit; standing; real part in interest. Trial court properly granted summary judgment in foreclosure action where the plaintiff established through an affidavit and evidentiary materials that it was the holder of the note and mortgage, the defendant was in default for failure to pay, the plaintiff had sent the required notice to the defendant, and the amount due on the note. The affidavit supporting the plaintiff's motion was made on personal knowledge and established that the plaintiff had standing to sue and was the real party in interest. The defendant did not oppose the plaintiff's summary judgment motion and thus failed to meet his reciprocal burden to demonstrate there was a genuine issue of material fact for trial.Keough 7/13/2017
State v. Scalf 105045Right to counsel; serious offense case; written waiver; Crim.R. 44(C); fair trial. Trial court violated defendant's constitutional right to a fair trial because it did not ascertain that defendant's waiver of his right to counsel was knowingly, intelligently, and voluntarily made, and did not obtain a signed waiver from the defendant in compliance with Crim.R. 44(C).Keough 7/13/2017
State v. Vihtelic 105381Crim.R. 32.1; postsentence motion to withdraw guilty plea; manifest injustice; defect in indictment; specific location offense occurred; R.C. 2941.03; Crim.R. 7; ineffective assistance of counsel; subject matter jurisdiction. Trial court did not abuse its discretion in denying defendant's postsentence motion to withdraw his guilty plea. Trial court did not lack subject matter jurisdiction based on omission of specific location of offense in indictment. Indictment was sufficient where it alleged that offense occurred in Cuyahoga County. Trial counsel did not provide ineffective assistance of counsel based on his alleged inability to investigate crime scene where specific location of crime was disclosed in the bill of particulars.Gallagher 7/13/2017