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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Brice C-160473NONSUPPORT OF DEPENDENTS - COUNSEL - PROCEDURE/RULES - CONTINUANCE - COMMUNITY CONTROL: The trial court did not abuse its discretion in denying defendant's request for a continuance where defendant had already been granted four continuances, the state had had its witnesses present at the previous trial setting, the trial court had informed defendant that if defendant did not retain private counsel as he claimed trial would proceed at the next setting with appointed counsel, and defendant's claims of hiring a private attorney appeared to be false. Trial counsel was not ineffective where there was no indication in the record that counsel failed to produce key evidence at trial, counsel's decision not to cross-examine a hostile witness could be fairly characterized as trial strategy, and there was no reasonable probability that counsel's failure to object to certain testimony affected the outcome of the trial. The trial court did not abuse its discretion in ordering defendant to pay his accumulated child-support arrearage as a condition of community control, because the condition was reasonably related to defendant's rehabilitation as it required him to support his daughter, was related to the crime of nonsupport, and ensured the good behavior of supporting his child.CunninghamHamilton 3/17/2017 3/17/2017 2017-Ohio-974
State v. Jackson C-160306JURISDICTION - R.C. 2945.05 - JURY WAIVER: The trial court lacked jurisdiction to conduct a bench trial on a felony charge where defendant did not execute a jury waiver pursuant to R.C. 2945.05.MockHamilton 3/15/2017 3/15/2017 2017-Ohio-917
State v. Dotson C-160324NO-CONTEST PLEA - PROCEDURE/RULES: The trial court abused its discretion in rejecting defendant's proffered no-contest plea based solely on the court's blanket policy of refusing to accept no-contest pleas.MyersHamilton 3/15/2017 3/15/2017 2017-Ohio-918
Kelly v. Swoish Ft Blue Ash, L.L.C. C-160461APPELLATE REVIEW - CIV.R. 54(B): In an action against multiple defendants, where the trial court's judgment failed to dispose of the claims against all defendants and failed to include the requisite Civ.R. 54(B) certification that there was no just reason for delay, the judgment appealed from is not a final and appealable order, and the court of appeals is without jurisdiction to review it.MyersHamilton 3/10/2017 3/10/2017 2017-Ohio-836
State v. Daniels C-160203R.C. 2941.25 - WAIVER - PLAIN ERROR - SENTENCING: The defendant failed to demonstrate that the trial court committed plain error by failing to merge his convictions for robbery and kidnapping as allied offenses of similar import, because he failed to show based on the record a reasonable probability that he had been convicted of allied offenses of similar import committed with the same conduct and the same animus.CunninghamHamilton 2/17/2017 2/17/2017 2017-Ohio-548
State v. Walsh C-160268AUTOS/CRIMINAL - PLEAS - TRAF.R. 10: DEFENDANT'S PLEA OF NO-CONTEST TO A MARKED-LANES VIOLATION MUST BE VACATED WHERE THE TRIAL COURT FAILED TO COMPLY WITH TRAF.R. 10(D) BY ACCEPTING DEFENDANT'S PLEA WITHOUT FIRST INFORMING DEFENDANT OF THE CONSEQUENCES OF HIS PLEA PURSUANT TO TRAF.R. 10(B).MockHamilton 2/17/2017 2/17/2017 2017-Ohio-549