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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Arnold 2014-CA-23, 2014-CA-24, 2014-CA-25, 2014-CA-26Appellant's ineffective assistance claim fails because Appellant entered guilty pleas and did not contend that his trial counsel provided deficient representation that affected the knowing and voluntary character of his pleas. Appellant's claim that he was denied his constitutional right to confrontation also fails because Appellant knowingly and voluntarily waived that right upon pleading guilty. Affirmed.WelbaumClark 4/24/2015 4/24/2015 2015-Ohio-1580
State v. Fankle 26350, 26351, 26352The trial court erred in ordering the appellant's suspended misdemeanor sentences in two cases to be served consecutively after revoking community control where the sentences in the two cases, imposed by the same court, were not originally imposed consecutively, and the offender was not informed that revocation could result in consecutive sentencing. However, the record does support the trial court's imposition of a jail sentence in a third case, which gave rise to the revocation in the first two cases, to be served consecutively to the concurrent sentences imposed in the first two cases. Judgment affirmed in part, reversed in part, and cause remanded. (Froelich, P.J., concurring).HallMontgomery 4/24/2015 4/24/2015 2015-Ohio-1581
Marcum v. Miami Valley Hosp. 26318Trial court did not err by ordering disclosure of all of plaintiff-decedent's medical records for the past ten years. Record supports a finding that the records are causally or historically relevant to the issues pending in a medical malpractice-wrongful death case. Affirmed.Per CuriamMontgomery 4/24/2015 4/24/2015 2015-Ohio-1582
State v. McCommons 26372Trial court abused its discretion in overruling McCommons' motion to withdraw his plea of guilty to assault, a misdemeanor of the first degree, without a hearing. Judgment reversed and matter remanded for a hearing on the motion to withdraw the plea.DonovanMontgomery 4/24/2015 4/24/2015 2015-Ohio-1583
State v. Wilson 26354Trial court did not abuse its discretion in denying, without an evidentiary hearing, defendant's motion to withdraw his pleas. Defendant did not demonstrate that his counsel engaged in ineffective assistance and that a manifest injustice existed. Judgment affirmed.FroelichMontgomery 4/24/2015 4/24/2015 2015-Ohio-1584
State v. Wolfe 26313The trial court erred by overruling the defendant's motion to correct the judgment entry. As the State concedes, the trial court should have corrected the judgment entry by reflecting therein that the defendant was convicted after a jury trial, by including the amount of court costs awarded, by including reference to the statutory numerical section corresponding to the defendant's murder conviction, and by including a jail-time credit of 284 days. The judgment should also be corrected to reflect that one of the charges in the indictment was dismissed by nolle prosequi. Reversed and Remanded.FainMontgomery 4/24/2015 4/24/2015 2015-Ohio-1585
Deutsche Bank Trust Co. Americas v. Ziegler 26287One Appellant cannot collaterally attack the trial court's foreclosure judgment because she failed to appeal the judgment and only reiterated arguments that could have been raised on appeal. The other Appellant, who did previously appeal, failed to establish entitlement to relief under any of the three requirements outlined in Civ.R. 60(B). Specifically, Appellant failed to establish (1) that he had a meritorious defense or claim to present if relief were granted; (2) that he was entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5); and (3) that his motion was made within a reasonable time. Failure to establish any one of these requirements is fatal to Civ.R. 60(B) relief. Affirmed.WelbaumMontgomery 4/24/2015 4/24/2015 2015-Ohio-1586
State v. Ali 2014-CA-59Trial court did not err when it admitted the taped statements of a confidential informant who was unavailable to testify at appellant's trial. The bulk of the recorded statements made by the C.I. during two controlled drug buys are not hearsay because they were not offered for the truth of the matter asserted. Furthermore, because the bulk of the statements are not testimonial, the State correctly asserts that appellant's Sixth Amendment right to confrontation was not violated. While a portion of the C.I.'s recorded debriefing statements are testimonial in nature, the admission of said statements was harmless error in light of the substantial evidence adduced against appellant during trial. Judgment affirmed. DonovanClark 4/17/2015 4/17/2015 2015-Ohio-1472
State v. Thompson 26395The trial court erred in failing to provide statutorily compliant notice of post-release control at sentencing. In light of the appellant's release from prison during the pendency of this appeal, a remand for a limited resentencing to correct the post-release control error cannot be ordered. The trial court's judgment is reversed with regard to the imposition of post-release control in its termination entry, and the cause is remanded with instructions to vacate post-release control.HallMontgomery 4/17/2015 4/17/2015 2015-Ohio-1473
USA Freight, L.L.C. v. CBS Outdoor Group, Inc. 26425The trial court did not abuse its discretion by overruling Appellants' motion for a conference. Nor did the trial court err by granting Appellee summary judgment on its counterclaim for declaratory judgment that it acquired title to property by adverse possession, or err by awarding Appellee title to the land. Judgment affirmed.HallMontgomery 4/17/2015 4/17/2015 2015-Ohio-1474