11/30/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
Petrovich v. Auto Repair, Inc. 105216Civ.R. 53(D)(3); magistrate's decision; procedural due process rights. Trial court's decision adopting and affirming the magistrate's decision was reversed and remanded so appellant could file objections to the magistrate's decision where the municipal court's error in sending the magistrate's decision to an obviously incorrect address, and its failure to ensure that appellant received the decision so that he could timely exercise his rights under Civ.R. 53(D), was a denial of appellant's procedural due process rights.Keough 11/30/2017
State v. Petty 105222Double jeopardy; R.C. 2941.25; allied offenses; aggravated robbery; having a weapon while under disability; right to choice of counsel. The offenses of having a weapon under disability and aggravated robbery are not allied offenses for purposes of sentencing where the offender obtained and was in possession of the firearm prior to the commission of the aggravated robbery. A trial court does not abuse its discretion in denying a defendant's request for new counsel made on the day of trial absent allegations indicating good cause to justify the discharge of counsel and appointment of new counsel.Kilbane 11/30/2017
State v. Williams 105321Plea agreement; sentencing recommendation; ineffective assistance of counsel. The trial court was not bound by the recommended agreed upon 18-month sentence between the state and appellant's counsel. The trial court did not err by imposing a sentence greater than 18 months. Appellant's counsel objected to the state's request for a sentence on the higher end of the sentencing range. Appellant's counsel also argued mitigating factors on appellant's behalf. Appellant's counsel's performance was not ineffective.Jones 11/30/2017
State v. Howard 105327R.C. 2981.04(B); forfeiture; marijuana; money; cell phones. Judgment that forfeited $5,600 in one hundred dollar bills, and four cell phones on the basis that they were instrumentalities of drug trafficking not against the manifest weight of the evidence.Stewart 11/30/2017
State v. Canales 105514Guilty plea; Crim.R. 11; plea colloquy; knowing, intelligent, and voluntary; maximum penalty; restitution; plain error. The record indicates that Canales's plea was knowing, intelligent, and voluntary. The trial court's restitution order contradicted the documentation of the victim's damages, and this discrepancy was unsupported by the record.McCormack 11/30/2017
Grand Arcade Condominium Owners' Assn., Inc. v. GA 110, L.L.C. 105619Condominium; foreclosure; assessment; receiver; R.C. 5311.18; evidentiary hearing. The trial court did not abuse its discretion when it granted condominium association's motion to appoint receiver because it was not required to hold an evidentiary hearing and the receiver's authority was not beyond the scope provided for in R.C. 5311.18.McCormack 11/30/2017
Rutti v. Dobeck 105634Civ.R. 12(B)(6); motion to dismiss; statute of limitations; electronic filing. The trial court did not err in granting the defendant-appellee's Civ.R. 12(B)(6) motion to dismiss because the plaintiff-appellant's complaint demonstrates on its face that the complaint was filed beyond the applicable statute of limitations period. Accepting the allegations as true, plaintiff-appellant's complaint was originally timely electronically submitted; however, the complaint was rejected as being corrupted and was not deemed filed.McCormack 11/30/2017
State v. Wells 105723Consecutive sentences; R.C. 2929.14(C)(4), findings, R.C. 2953.08(G)(2)(a). Where state conceded that the trial court did not make the necessary findings under R.C. 2929.14(C)(4) to impose consecutive sentences, sentence reversed and case remanded for trial court to consider whether consecutive sentences are appropriate under R.C. 2929.14(C)(4) and, if so, to make the required findings on the record and incorporate those findings in the sentencing journal entry. Sentence not modified to concurrent sentences as requested by appellant because appellate court can modify a sentence under R.C. 2953.08(G)(2)(a) only if the findings made by the trial court do not support consecutive sentences, and trial court made no findings.Keough 11/30/2017
Robinson v. Mayfield Auto Group, L.L.C. 105844Arbitration; stay; contracts; substantive and procedural unconscionability. Trial court did not err in staying matter pending arbitration where arbitration agreement met requirements of enforceable contract and was not procedurally or substantively unconscionable.Blackmon 11/30/2017
State v. Davis 105920Motion to withdraw guilty plea; res judicata. Appellant's second motion to withdraw his guilty plea is barred by res judicata.McCormack 11/30/2017