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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Clay 2015-CA-17Trial court did not err in overruling motion to vacate sentence, based upon the trial court's failure to have informed the defendant, at sentencing, of the possibility that he might be ordered to perform community service if he failed to pay court costs. This issue could have been, but was not, raised in the defendant's initial appeal from his conviction. Therefore, it is subject to res judicata. Affirmed.FainMiami 2/5/2016 2/5/2016 2016-Ohio-424
State v. Guy 2015-CA-28; 2015-CA-29Trial court did not err when it ordered appellant to serve consecutive sentences after he pled guilty to one count of possession of heroin, in violation of R.C. 2925.11(A), a felony of the third degree, one count of having a weapon while under disability, in violation of R.C. 2923.13(A)(3), also a felony of the third degree, and one count of failure to appear, in violation of R.C. 2937.29 and 2937.99, a felony of the fourth degree. Upon review, we conclude that the findings articulated by the trial court pursuant to R.C. 2929.14(C)(4) are supported by the record, to wit: (1) that consecutive sentences are necessary to protect the public and punish the appellant; (2) that consecutive sentences are not disproportionate to the seriousness of appellant's conduct; and (3) that his history of criminal conduct demonstrated that consecutive sentences are necessary to protect the public from future crime committed by him. Judgment affirmed.DonovanClark 2/5/2016 2/5/2016 2016-Ohio-425
State v. Howard 2015-CA-3The trial court sufficiently explained Appellant's right to a jury trial at the plea hearing as required by Crim.R. 11(C)(2)(c). Appellant also entered a knowing, intelligent, and voluntary guilty plea despite the trial court not inquiring about Appellant's ability to read and write. Affirmed.WelbaumClark 2/5/2016 2/5/2016 2016-Ohio-426
Jones v. Upton 26778The trial court correctly granted summary judgment in favor of Appellees since the doctrine of res judicata barred Appellant's claims. Judgment affirmed.DonovanMontgomery 2/5/2016 2/5/2016 2016-Ohio-427
In re N.S. 26748Trial court's decision overruling Mother's objections and adopting the magistrate's decision terminating the shared parenting plan and granting Father legal custody of the parties' minor child was not against the manifest weight of the evidence. Judgment affirmed.DonovanMontgomery 2/5/2016 2/5/2016 2016-Ohio-428
Price v. Combs 2015-CA-17Trial court reasonably concluded that, following the return of certified mail as unclaimed, Wife had been properly served with complaint for divorce by ordinary mail; the address used for both mailings was one at which she had long lived and which she continued to use for other purposes after the mail service. Furthermore, Wife waived her objection to personal jurisdiction by appearing in the litigation. In light of Wife's decision not to participate or present evidence in the trial court proceedings, and based on Husband's evidence, the trial court divided the parties' assets equitably and reasonably concluded that spousal support was not appropriate. Judgment affirmed.FroelichDarke 2/5/2016 2/5/2016 2016-Ohio-429
State v. Schlemmer 2015-CA-46Trial counsel rendered ineffective assistance in advising defendant to plead guilty to a sexually violent predator specification, based on the underlying offense of gross sexual imposition in violation of R.C. 2907.05(A)(1). A violation of R.C. 2907.05(A)(1) is not a "violent sex offense" for purposes of the sexually violent predator specification, and thus R.C. Chapter 2971, governing sexually violent predators, was not applicable to him. Defendant's plea was not knowingly, intelligently, and voluntarily entered. Judgment reversed and case remanded for further proceedings.FroelichClark 2/5/2016 2/5/2016 2016-Ohio-430
State v. Shutway 2014-CA-33The trial court did not commit any error in the trial court proceedings. Issues as to alleged perjury of a police officer, Appellant's alleged constructive arrest after a traffic stop, and police confiscation of a firearm are irrelevant to Appellant's minor misdemeanor conviction for failing to obey an order of the Health Department following the shut-off of Appellant's water supply for non-payment. The remainder of Appellant's assignments of error have been waived because Appellant failed to raise the issues in the trial court. In addition, no basis exists for applying the plain error doctrine. Affirmed.WelbaumChampaign 2/5/2016 2/5/2016 2016-Ohio-431
State v. Shutway 2014-CA-26The trial court erred in convicting Appellant of violating R.C. 3707.48 because the trial record does not establish that the Health District provided the required notice to Appellant ordering him to either vacate his residence or correct the Housing Maintenance Code violation within 48 hours. Reversed.WelbaumChampaign 2/5/2016 2/5/2016 2016-Ohio-432
State v. Stamper 2014-CA-30An independent review of the record reveals no potentially meritorious issues for review. Affirmed.WelbaumChampaign 2/5/2016 2/5/2016 2016-Ohio-433