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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Citizens Natl. Bank of SW Ohio v. Harrison 26742Trial court did not abuse its discretion in permitting mortgagee to file delayed answer to complaint filed by second mortgagee in a foreclosure action. Trial court had directed mortgagee to file its answer within seven days of its order, but the trial court did not abuse its discretion in accepting mortgagee's answer, which was filed after eleven days, when mortgagee provided evidence that it had not been served with the trial court's entry with the directive. Judgment affirmed.FroelichMontgomery 4/29/2016 4/29/2016 2016-Ohio-2746
State v. Fricke 26126Conviction for Rape, Possession of Criminal Tools and Contaminating a Substance for Human Consumption is supported by sufficient evidence, and is not against the weight of the evidence. Trial court did not err in overruling motion to suppress as the issue was waived for appellate review, and as there was no evidence that defendant was in custody at time statements were made. Motion to suppress made with regard to a search warrant was properly denied as evidence shows that affidavit, in support of the request for the search warrant, established probable cause. Trial court did not abuse its discretion in denying motion for new trial. Trial court did err, with regard to State's cross-appeal, by merging convictions for Rape and Contaminating a Substance for Human Consumption. This opinion supersedes our prior opinion in State v. Fricke, 2015-Ohio-3389, 40 N.E.3d 705 (2d Dist.). Affirmed in part, reversed in part, and remanded.FainMontgomery 4/29/2016 4/29/2016 2016-Ohio-2747
State v. Gall 26114; 26115The trial court did not err in awarding Appellant zero days of jail-time credit because the requested credit was for time served on a prior, unrelated offense in Kentucky and thus was not creditable under R.C. 2967.191. The fact that Appellant's Kentucky conviction was invalidated does not affect the application of the statute. In addition, Appellant's due process rights and right to counsel were not violated during the jail-time credit proceedings at issue. Moreover, contrary to Appellant's claim otherwise, double jeopardy is not implicated in this case because Appellant did not receive multiple punishments for the same offense. Finally, res judicata does not bar the State from requesting the trial court to calculate Appellant's jail-time credit since the trial court did not make a finding on jail time credit when Appellant was sentenced in 1979. Affirmed. (Froelich, J., concurring).WelbaumMontgomery 4/29/2016 4/29/2016 2016-Ohio-2748
State v. Glover 26523The trial court properly admitted "other acts" testimony, and an abuse of discretion is not demonstrated; in the absence of objection, plain error is not demonstrated in the admission of "other acts" testimony. Appellant was not denied the effective assistance of counsel due to the improper introduction of hearsay. Appellant's convictions are not against the manifest weight of the evidence. Judgment affirmed.DonovanMontgomery 4/29/2016 4/29/2016 2016-Ohio-2749
State v. Patterson 2015-CA-57Defense counsel rendered appellant ineffective assistance when he failed to request that the jury be instructed on the theory of self-defense. The record establishes that appellant introduced sufficient evidence at trial to warrant an instruction on self-defense. Judgment reversed; matter remanded.DonovanGreene 4/29/2016 4/29/2016 2016-Ohio-2750
Discover Bank v. Swartz 26910Where the pleadings failed to establish the date of default, or the contractual rate of interest, it was error for the trial court to render judgment on the pleadings against a credit card debtor. Reversed and Remanded.FainMontgomery 4/29/2016 4/29/2016 2016-Ohio-2751
State v. Trigg 26757The State presented legally sufficient evidence to establish the "trespass" element of an aggravated-burglary charge against the appellant. Even if the appellant initially did not trespass when he entered a residence, the jury reasonably could have found that his privilege to be there implicitly was revoked, and he became a trespasser, the moment he commenced a physical assault on the victim. The trial court committed plain error, however, in failing to merge felonious assault and domestic violence as allied offenses of similar import. Judgment affirmed in part, reversed in part, and cause remanded for resentencing.HallMontgomery 4/29/2016 4/29/2016 2016-Ohio-2752
State v. Burnett 2013-CA-98Trial court's misstatement that the maximum possible sentence for the charged offense was five years in prison, when the maximum sentence was only three years, compromised the defendant's ability to make a knowing and intelligent decision whether to plead guilty in the hope of lenity, or go to trial and risk a maximum sentence. Consequently, the defendant's plea was not knowing and intelligent. Reversed and Remanded.FainClark 4/22/2016 4/22/2016 2016-Ohio-2655
In re Adoption of E.T.S. 26925The probate court properly dismissed Stepmother's petition for adoption since Mother presented evidence of justifiable cause for her failure to provide more than de minimis contact with, and support and maintenance of, the minor child such that Mother's consent for the adoption was required. Judgment affirmed.DonovanMontgomery 4/22/2016 4/22/2016 2016-Ohio-2656
Gehrke v. Senkiw 26829The trial court did not err in holding that a trust agreement was incorporated in a will by reference, and that the statute of limitations for challenging the will having expired, the plaintiffs' challenge to the trust agreement was time-barred. The trial court did not err in striking affidavits of attorneys setting forth their legal conclusions on the point of law before the court. Affirmed.FainMontgomery 4/22/2016 4/22/2016 2016-Ohio-2657
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