11/09/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
State v. Colon 104944R.C. 2907.03(A)(2); Constitutionality; Motion to Vacate Guilty Plea. Trial court did not err in denying motion to vacate postsentence guilty plea where defendant alleged that there was a question about whether victims were substantially impaired and that R.C. 2907.03(A)(2) unconstitutionally prohibits unmarried impaired persons, such as the complaining witnesses herein "from having consensual and wanted sexual conduct with anyone" and from "reproducing unless married."Blackmon 11/9/2017
State v. Davis 105129Intervention in lieu of conviction; R.C. 2951.041; Crim.R. 32.1; motion to withdraw guilty plea; hybrid representation. The trial court gave defendant several opportunities to complete intervention in lieu of conviction despite his multiple positive drug tests. The trial court's order detaining defendant in jail for five days was clearly intended as a means of treatment and rehabilitation. Accordingly, defendant's conviction and sentence were not void. Defendant was represented by appointed counsel at the time he filed his pro se motion to withdraw his guilty plea. Because the defendant was represented and appointed counsel did not join defendant's pro se motion, the trial court did not abuse its discretion in disregarding this motion.Kilbane 11/9/2017
State v. Bridgett 105191Receiving stolen property; R.C. 2913.51; Sufficiency; Hearsay; Sentence; Nunc Pro Tunc. Although owner of car did not testify, sufficient evidence supported defendant's conviction for receiving stolen property where car was reported stolen and officers testified that they "verified" this report, steering column of vehicle was peeled, a shirt was wrapped around steering column, screwdrivers and a broken screwdriver were inside car, and defendant briefly struggled during his arrest.Blackmon 11/9/2017
State v. Bradford 105217Crim.R. 29/motion for acquittal; sufficiency, manifest weight, R.C. 2929.14(B)(1)(b) and (g)/sentencing. Evidence showed that appellant had more than a mere association with gang members, and evidence was presented sufficient enough to infer that appellant was the driver involved in the shooting. The trial court did not err in denying appellant's motion for acquittal. Witness testimony in question by appellant was corroborated by other witness testimony, and the trial court further found their testimony credible. Witness testimony and other evidence did not weigh against conviction. Two of appellant's offenses are not enumerated in R.C. 2929.14(B)(1)(g) and the trial court, therefore, was not mandated to run the firearm specifications for those offenses consecutive to the other firearm specifications.Jones 11/9/2017
State v. Durant 105235Sexual predator; sexual predator classification; H.B. 180; Megan's Law; rape; clear and convincing evidence; civil manifest weight of the evidence; recidivism; R.C. 2950.09. The trial court's classification of Durant as a sexual predator was supported by some competent, credible evidence. The trial court considered the relevant statutory factors. A trial court is not statutorily required to make a finding that the individual is likely to reoffend.McCormack 11/9/2017
State v. Moore 105240Mandatory bindover; Crim.R. 11(B); Crim.R. 11(C). The mandatory bindover process from juvenile court to the common pleas court does not violate a juvenile's due-process and equal-protection rights. The trial court complied with Crim.R. 11(B) and (C), and the appellant knowingly, intelligently, and voluntarily entered the guilty plea.Boyle 11/9/2017
State ex rel. More Bratenahl v. Bratenahl 105281Sunshine Law; Open Meetings Act; secret ballot; meeting minutes; executive session; motion for summary judgment. Judgment affirmed. The trial court properly granted summary judgment in favor of the municipality and properly denied relator's motion for summary judgment when (1) the "secret ballots" were maintained by the municipality as a public record and subsequently produced to relator. The ballots were handwritten and included the name of the nominated individual as well as the name of each councilmember issuing the vote. Thus, the public was not denied the knowledge of the municipality's decision making process; (2) the meeting minutes in question provided an accurate and adequate record of the Finance Committee's proceedings, recommendations, and council's actions on the same. The minutes at issue reference the ordinance and resolution numbers being considered for recommendation to council, identification of each motion, some discussion and the votes of the committee members. Additionally, Relator acknowledged that the meetings were audio recorded and fully revealed the discussions and information at each meeting; and (3) review of the audio recording of the council meeting in question evidences that the motion and roll call vote to hold executive session were clearly taken. The motion and roll call vote took place before the court reporter began transcribing the record. The roll call vote is also reflected in the Clerk's notes, which was provided during discovery.Kilbane 11/9/2017
State v. Bhambra 105283Guilty plea; amended indictment; waiver; knowing and voluntary. Defendant-appellant waived the right to claim error regarding an amendment to his indictment where he knowingly and voluntarily entered a guilty plea to the amended indictment.McCormack 11/9/2017
In re J.W. 105337Settlement agreement; unilateral mistake; clear and convincing evidence. Trial court did not abuse its discretion in incorporating Father and Mother's settlement agreement allocating parental rights and responsibilities into its final judgment; the record reflected that Father intended to be bound by the agreement, and he failed to produce clear and convincing evidence that he made a unilateral mistake in executing the agreement.Keough 11/9/2017
Tsirikos-Karapanos 105422Summary judgment, Products Liability Act, noneconomic damages, Consumer Sales Practices Act, breach of warranty, Magnuson-Moss Warranty Act, mold, agency, punitive damages. The trial court properly awarded the appellees summary judgment because the appellant failed to properly establish necessary elements for his causes of action, including noneconomic damages and the existence of a defect or breach of warranty.Boyle 11/9/2017
State v. Calhoun 105442Promoting prostitution; R.C. 2907.22(A)(2); possessing criminal tools; R.C. 2923.24(A); expert and lay testimony; Crim.R. 16(K); expert report; Evid. R. 701; Evid.R. 702; manifest weight of the evidence. The trial court did not err by permitting the police officer to testify about the information that he extracted from the cell phones that police confiscated. Defendant's convictions were not against the manifest weight of the evidence because there was strong circumstantial evidence that he committed promoting prostitution and possessing criminal tools.Boyle 11/9/2017
State v. McSwain 105451Sufficiency of the evidence; manifest weight of the evidence; allied offenses; court costs. Rape, gross sexual imposition, and kidnapping convictions affirmed in this DNA cold case. The victim's testimony is sufficient to convict the defendant of rape and associated sex offenses. Add in the forensic evidence, and the court did not lose its way in convicting defendant. The offenses were not allied in nature as they were committed with separate conduct and animus. Sentencing journal entry is inconsistent with the court suspending costs at the sentencing hearing.Blackmon 11/9/2017
State v. McDuffie 105614Postconviction relief; jury verdict form; res judicata. Appellant's postconviction claim for access to the jury verdict form is barred by res judicata.McCormack 11/9/2017
S. Park Manor Condominiums Unit Owners' Assoc. v. Clarendon Group, Inc. 105672Civ.R. 60(B); appeal; substitute - Trial court did not err in denying party's Civ.R. 60(B) motion for relief from judgment where the party was using the motion as a substitute for a direct appeal and offered no evidence that would support relief under the rule.Keough 11/9/2017