07/27/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
State v. Fears 104868Gross sexual imposition; R.C. 2907.05(A)(4); sexual gratification; hearsay; Evid.R. 803(4); medical diagnosis and treatment; therapist; social worker; ineffective assistance of counsel; sufficiency; manifest weight of the evidence. The trial court did not abuse its discretion in permitting the child's therapist and the social worker to testify concerning the child's statements. The statements were made for the purposes of medical diagnosis and treatment and therefore fall within the hearsay exception outlined in Evid.R. 803(4). Trial counsel was not ineffective for failing to object to the social worker's testimony concerning a purported prior incident of sexual abuse where the defendant failed to demonstrate material prejudice. The defendant's conviction for gross sexual imposition in violation of R.C. 2907.05(A)(4) was supported by sufficient evidence where the factfinder inferred from the evidence that the defendant's contact with the child victim was for the purposes of sexual gratification. The conviction was not against the manifest weight of the evidence.McCormack 7/27/2017
In re K.A. 104938Guilty plea; juvenile court; competency; evaluation; written determination; R.C. 2152.58; competency hearing; harmless error; indicia of competency; State v. Bock, 28 Ohio St.3d 108, 109, 502 N.E.2d 1016 (1986). Judgment reversed. The juvenile court erred when it did not conduct a competency hearing before it accepted defendant's guilty plea. It was not harmless error as the defendant did not testify and actively participate in his defense. The record establishes that the defendant has learning problems and difficulty understanding, and his two previous cases were dismissed because he was found not competent.Kilbane 7/27/2017
Poston v. Shelby-Love 104969Motion for summary judgment; undue influence; conversion; unjust enrichment; constructive trust. Where the owner of an IRA changed the beneficiary designation on the account prior to her death, the trial court did not err in granting summary judgment to the beneficiary where there was no evidence to support appellant's claims of undue influence, conversion, unjust enrichment, and constructive trust.Keough 7/27/2017
In re M.S. 105219Legal custody, permanent custody, R.C. 2151.353, R.C. 2151.414. The trial court's denial of custody to the mother is supported by clear and convincing evidence and the court properly considered the statutory factors supporting the award of permanent custody to the agency. The mother failed to resolve the problems that caused the removal of the children from the home.Laster Mays 7/27/2017
Grigoryan v. MaxOut Sports, L.L.C. 105251Summary judgment; declaratory judgment; contract; noncompete, Civ.R. 56; contract interpretation; condition precedent; parol evidence; R.C. 1705.31. The withdrawal agreement was a valid and enforceable contract that relieved appellee from the noncompete provisions's prohibition against conducting the same or similar business activities as appellant. Therefore, the trial court properly granted summary judgment in appellee's favor on his declaratory judgment claim.Celebrezze 7/27/2017
State v. Dues 105388Leave for motion for a new trial; newly discovered evidence. The trial court did not abuse its discretion in denying appellant leave for a motion for a new trial without holding a hearing, as appellant failed to set forth any reasons why he was unavoidably prevented from discovering the alleged new evidence within 120 days of the verdict.McCormack 7/27/2017
State v. White 105430Motion for new trial; Crim.R. 33; newly discovered evidence; evidentiary hearing; credibility; affidavit; abuse of discretion. The newly discovered evidence based upon which appellant filed his motion for a new trial merely contradicted evidence that was submitted at trial and did not disclose a strong probability that it would change the outcome if a new trial was granted. Thus, the trial court did not err by denying appellant's motion for a new trial without an evidentiary hearing.Celebrezze 7/27/2017