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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Greenway C-160511EVIDENCE - WITNESSES - DRUGS - ALLOCUTION - SENTENCING: In defendant's trial for possessing drug-abuse instruments, the trial court's questioning of the police officer, who responded to the dispatch of an overdose, about the life squad's use of Narcan on defendant did not establish an essential element of the state's case and was not an abuse of discretion. The record did not demonstrate that the trial judge was biased where nothing in the record showed that the trial judge exhibited favoritism toward the state and against the defendant or that the judge did not have an open mind. The failure to submit a properly notarized affidavit into evidence along with the crime laboratory report was harmless error. Evidence showing that the police officer dispatched to the scene for a "non-breather" found the defendant in a basement receiving life-saving procedures with a syringe containing drug residue at the foot of the bed on which defendant was lying was sufficient to support defendant's conviction for possessing drug-abuse instruments. The trial court erred in denying defendant her right of allocution where it failed to address defendant personally and ask her if she wished to make a statement on her own behalf or present any evidence in mitigation, and therefore, defendant's sentence must be reversed and the cause remanded for resentencing.MockHamilton 9/22/2017 9/22/2017 2017-Ohio-7729
Shaffer v. Jones C-160684APPELLATE REVIEW/CIVIL - JURISDICTION - FINAL ORDER - MOTION TO INTERVENE - CIV.R. 24(C): The trial court's denial of a motion to intervene to set aside an order confirming an arbitration award was a final appealable order under R.C. 2505.02(B)(2), because it was entered in a special proceeding and it affected a substantial right when it constituted the sole means available to secure the rights sought by the intervenors. The trial court did not err by denying a motion to intervene to set aside the judgment in an action confirming an arbitration award, because the proposed intervenors did not accompany their motion with a pleading as required by Civ.R. 24(C).CunninghamHamilton 9/22/2017 9/22/2017 2017-Ohio-7730
State v. Zeigler C-160428ALLIED OFFENSES - R.C.2941.25: The trial court did not commit plain error by failing to merge as allied offenses of similar import defendant's convictions for aggravated burglary, two counts of rape, and felonious assault where the aggravated-burglary conviction required proof of physical harm, and the state produced evidence of physical harm to support the aggravated-burglary conviction that was separate from the physical harm supporting the two counts of rape and the serious physical harm supporting the felonious assault.DetersHamilton 9/20/2017 9/20/2017 2017-Ohio-7673
Parker v. L.T. C-160642APPELLATE REVIEW/CIVIL - NEGLIGENCE: Where plaintiff elderly church guest, who was knocked down in the parking lot by a minor church guest playing football, brought a negligence claim against the father of the minor, alleging that he had violated his duty as a parent and as a church deacon to supervise his son and the other boys playing football in the parking lot, and where plaintiff subsequently withdrew her claim against the father in his parental capacity and settled her negligence claim against the church, and then challenged on appeal the grant of summary judgment to the father, but neglected to provide any argument, citation to legal authority, or reference to the record relating to the trial court's grant of summary judgment to the father, the appellate court will not address the challenge. The trial court erred in granting summary judgment to defendant minor, who was playing football in the church parking lot with a group of boys and collided with plaintiff, who was walking through the parking lot, on the basis that he owed her no duty of care, because it was reasonably foreseeable that the minor, by running and playing football in a crowded parking lot, would create a risk of harm to other individuals who were walking through the parking lot, and the minor recognized the risk of harm to others. Defendant minor was not entitled to summary judgment on the basis that plaintiff, who was walking through a crowded parking lot between church services, had proceeded into the "field of football" at her own risk where she was neither a participant in nor a spectator of a football game being played by children in the church parking lot. Defendant minor was not entitled to summary judgment on the basis that a football game being played in a church parking lot was an "open and obvious" hazard, because the open-and-obvious doctrine is limited to persons with a property interest in the premises.DetersHamilton 9/20/2017 9/20/2017 2017-Ohio-7674
In re J.F. C-160719, C-160720, C-160721, C-160722, C-160723JURISDICTION ? DELINQUENCY ? COMPETENCY: The state's appeal from the juvenile court's dismissal of the complaint alleging that the juvenile was unruly must be dismissed, because the state did not have an appeal of right under R.C. 2945.67(A): the statute only provides an appeal of right from the juvenile court's dismissal of a delinquency complaint. The time for a juvenile to attain competency under R.C. 2152.59 is not tolled for periods of time that the juvenile fails to participate in competency-attainment services; rather, R.C. 2152.59 provides mechanisms to address a juvenile's failure to participate in such services, such as placing the juvenile in a more restrictive setting to receive services.MyersHamilton 9/20/2017 9/20/2017 2017-Ohio-7675
State v. Gibert C-160857THEFT/RECEIVING STOLEN PROPERTY - EVIDENCE - SUFFICIENCY - VERDICT FORM - DEGREE OF OFFENSE: Defendant's conviction for receiving stolen property was supported by sufficient evidence where she continued to retain possession of a rental car for several weeks after the car rental agency had unequivocally and expressly withdrawn its consent for her to use the car and had notified her that she was no longer entitled to use it. Where the jury's verdict form included neither the degree of the offense for which defendant was convicted, nor a statement that the aggravating element-that the property involved was a motor vehicle-was found, defendant could only be convicted of a misdemeanor of the first degree, which is the least degree under R.C. 2913.51 of the offense of receiving stolen property.MyersHamilton 9/20/2017 9/20/2017 2017-Ohio-7676
Millard v. Ohio Accountancy Bd. C-160858ADMINISTRATIVE MISCELLANEOUS: The trial court did not err by affirming the accountancy board's revocation of a certified public accountant certificate where evidence that the accountant had been convicted of two unauthorized-use-of-property offenses was sufficient to support the board's disciplinary action under R.C. 4701.16(A)(6), because the offenses involved elements of dishonesty or fraud.MyersHamilton 9/20/2017 9/20/2017 2017-Ohio-7677
State v. Pitts C-150766APPELLATE REVIEW: Appellant's appeal from the overruling of his postconviction motion to correct the postrelease-control portion of his sentences is subject to dismissal as moot, because the court of appeals cannot provide appellant with any meaningful relief after the common pleas court entered judgment correcting postrelease control and that judgment was affirmed on appeal.MillerHamilton 9/15/2017 9/15/2017 2017-Ohio-7623
In re A.M. C-160532, C-160533DELINQUENCY - SENTENCING - CONFINEMENT CREDIT: The juvenile court erred by denying the juvenile defendant's motions to include as confinement credit under R.C. 2152.18(B) time served at the Abraxas Ohio Residential Treatment Center without taking any evidence or making any findings regarding the nature of the Abraxas facility or the juvenile's time at Abraxas under the guidelines set forth in In re D.P., 1st Dist. Hamilton No. C-140518, 2014-Ohio-5414.DetersHamilton 9/15/2017 9/15/2017 2017-Ohio-7624
State v. Summerlin C-160539COUNSEL - EVIDENCE - JURY INSTRUCTIONS - FLIGHT - HEARSAY - IMPEACHMENT - WITNESS: The decision whether to appoint substitute counsel rests within the sound discretion of the trial court; in the exercise of its discretion the trial court is required to make an inquiry into defendant's request, including whether the motion was timely and whether there had been a complete breakdown in communication between defendant and his counsel. The trial court did not abuse its discretion in denying defendant's ill-timed, successive request for substitute counsel on the grounds that counsel had failed to share all discovery with defendant when, well before the request, the court had entertained an identical oral motion, had carefully explained the limitation placed on counsel by Crim.R. 16(C), and had appointed new counsel to represent defendant, and when the motion was renewed held an inquiry at which current appointed counsel explained that he had provided defendant with all discovery material that had not been designated "counsel only" under Crim.R. 16(C), had met with defendant 15 times before trial and had explained to him the limitations placed on them by the discovery rules, had discussed at length their trial strategy and the plea negotiation, and had concluded that the attorney-client relationship had not broken down. Evid.R. 806(A) provides that when a hearsay statement has been admitted into evidence, "the credibility of the declarant may be attacked * * * by any evidence that would be admissible for those purposes if declarant had testified as a witness," and Evid.R. 806(C) permits the use of Evid.R. 609 prior-conviction records to impeach a hearsay declarant even if that declarant does not testify. Evidence of flight is admissible to show consciousness of guilt, and a jury instruction on flight is proper if the record contains sufficient evidence to support the charge as long as the instruction does not raise a presumption of guilt or shift the burden of proof to defendant to explain his flight. The trial court did not abuse its discretion by instructing the jury on flight as consciousness of guilt where the state's evidence showed that defendant, knowing that the police would soon arrive, had immediately left the scene of shootings even though his victims lay seriously wounded, that he had removed himself from the city following the shootings, that he had made statements that he knew that he was "hot," acknowledging that the police were looking for him, and that he or his associates had offered one shooting victim money not to testify at trial. The trial court did not abuse its sound discretion over the admission or exclusion of relevant evidence when it admitted into evidence two prejudicial photographs taken from defendant's Facebook profile page, one photo showing defendant with a gun in his waistband, and the other photo showing defendant with another perpetrator of a shooting, each with a gun.CunninghamHamilton 9/15/2017 9/15/2017 2017-Ohio-7625
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